METAL BADGE WORKERS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section 19 of the
Industrial Relations Act 1996.
(No. IRC 2938
of 2000)
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Before the Honourable Justice Kavanagh
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28 February and 13
July 2001
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REVIEWED AWARD
PART A
ARRANGEMENT
PART A
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Clause No.
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Subject Matter
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1.
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Title
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2.
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Hours
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3.
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Overtime
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4.
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Holidays and Sundays
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5.
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Annual Leave
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6.
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Annual Holiday Loading
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7.
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Wages
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8.
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Mixed Functions
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9.
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Piecework
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10.
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Conditions of Employment
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11.
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Payment of Wages
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12.
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Right of Entry
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13.
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General Provisions
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14.
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Sick Leave
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15.
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Personal/Carer's Leave
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16.
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Bereavement Leave
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17.
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Jury Service
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18.
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Exemption
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19.
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Definitions
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20.
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Apprenticeship Trades
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21.
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Anti-Discrimination
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22.
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Redundancy
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23.
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Grievance Procedure
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24.
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Area, Incidence and Duration
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PART B - Monetary
Rates
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Table 1
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Wages
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Table 2
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Other Rates and Allowances
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1. TITLE
This award shall be known as the Metal Badge Workers (State)
Award.
2. HOURS
The ordinary hours of work of all employees shall not exceed
forty per week and shall be worked in five days of eight hours each, Monday to
Friday, inclusive, between 7.30a.m. and 6 p.m.
Such hours shall be worked continuously except for a meal
break of at least thirty minutes to be taken at the discretion of the employer
between 12 noon and 2 p.m.
3. OVERTIME
(i) For all work in excess of forty hours
per week or before or after the usual starting and ceasing times, time and
one-half or rates and one-half shall be paid for the first two hours and double
time or double rates thereafter.
For work done during the usual
meal hour time and one-half or rates and one-half shall be paid until the meal
hour is allowed.
For work done on a Sunday or any
of the holidays mentioned in clause 4, Holidays and Sundays, double time or
double rates shall be paid.
Where overtime worked is more than
one hour and does not exceed two hours, or where notice has not been given on
the previous day, an amount as set out in Item 1 of Table 2, shall be paid as
tea money in addition to overtime rates.
(ii) Apprentices
An apprentice shall not be allowed
to work overtime unless supervised, provided that an apprentice under 18 years
of age shall not be required to work overtime unless the employee so desires.
The minimum rate to be paid to any
apprentice for overtime work shall be set out in Item 2 of Table 2 or the rate
prescribed by this award, whichever is the greater.
4. HOLIDAYS AND SUNDAYS
(i) The following day or days on which
they are observed shall be holidays and shall be paid for even though not
worked: New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day,
Queen’s Birthday, Labour Day, Christmas Day, Boxing Day and any other day
proclaimed and gazetted as a public holiday for the state.
In addition to holidays prescribed
above, one additional public holiday or picnic day shall apply to an employee
on weekly hire, the said public holiday or picnic day to be arranged by
agreement between the employer and the union.
By arrangement between the employer and the staff another day may be
substituted for the above day.
(ii) An employee who is required to work on
any of the abovementioned holidays shall be paid at the rate of double time and
one-half with a minimum payment of four hours at such rate.
(iii) Employees required to work on Sundays
shall be paid at the rate of double time with a minimum payment of four hours.
(iv) Employees engaged on piecework or any
other system of payment by results shall be paid for such holidays at their
average daily rate for the preceding month.
5. ANNUAL LEAVE
See Annual Holidays
Act 1944.
6. ANNUAL HOLIDAY LOADING
(i) In this
clause the Annual Holidays Act 1944,
is referred to as "the Act".
(ii) Before an employee is given and takes
an annual holiday, or where by agreement between the employer and employee the
annual holiday is given and taken in more than one separate period, then before
each of such separate periods, the employer shall pay the employee a loading
determined in accordance with this clause. (NOTE: The obligation to pay in
advance does not apply where an employee takes an annual holiday wholly or
partly in advance - see subclause (vi).)
(iii) The loading is payable in addition to
the pay for the period of holiday given and taken and due to the employee under
the Act and this award.
(iv) The loading is to be calculated in
relation to any period of annual holiday to which the employee becomes entitled
under the Act and this award (but excluding days added to compensate for public
or special holidays worked or public or special holidays falling on an
employee’s rostered day off not worked).
(NOTE: See subclause (vi) as to holidays taken wholly or partly in
advance).
(v) The loading is the amount payable for
the period or the separate period, as the case may be, stated in subclause (d)
at the rate per week of 17.5 per cent of the appropriate ordinary weekly time
rate of pay prescribed by this award for the classification in which the
employee was employed immediately before commencing his or her annual holiday,
together with additional sums prescribed by subclause (iv), Leading Hands, of
clause 7, Wages, of this award, but shall not include any other allowances,
penalty rates, shift allowances, overtime rates or any other payments
prescribed by this award.
(vi) No loading is payable to an employee who
takes an annual holiday wholly or partly in advance; provided that, if the
employment of such an employee continues until the day when the employee would
have become entitled under the Act to an annual holiday, the loading then
becomes payable in respect of the period of such holiday and is to be
calculated in accordance with subclause (v) of this clause applying the award
rates of wages payable on that day.
(vii) Where, in accordance with the Act, the
employer's establishment or part of it is temporarily closed down for the
purpose of giving an annual holiday or leave without pay to the employees
concerned -
(a) an employee who is entitled under the
Act to an annual holiday and who is given and takes such a holiday shall be
paid the loading calculated in accordance with subclause (v) of this clause;
(b) an employee who is not entitled under
the Act to an annual holiday and who is given and takes leave without pay shall
be paid in addition to the amount payable under the Act such proportion of the
loading that would have been payable under this clause if the employee had
become entitled to an annual holiday prior to the close-down as the qualifying
period of employment in completed weeks bears to 52.
(viii) (a) When the employment of an employee is
terminated by the employer for a cause other than misconduct and at the time of
the termination the employee has not been given and has not taken the whole of
an annual holiday to which the employee became entitled, the employee shall be
paid a loading calculated in accordance with subclause (d) for the period not
taken.
(b) Except as provided by paragraph (i) of
this subclause no loading is payable on the termination of an employee's
employment.
7. WAGES
(i) The minimum
rates of pay for adult employees shall be as set out in Table 1 of Part B.
(ii) Juniors: Junior employees may be
employed on the operations specified in classifications 3, 9, and 21 of Table 1
and shall be paid the following percentages of the weekly rate for adults:
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Age
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Percentage of the appropriate adult
classification
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Under 16 years of age
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23
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At 16 of age
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32.7
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At 17 years of age
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44
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At 18 years of age
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55.4
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At 19 years of age
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69.3
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At 20 years of age
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83
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(iii) Leading Hands - shall be paid in
addition an amount as set out in Item 3 of Table 2. The total wages shall be calculated to the nearest ten cents,
less than five cents to go to the lower amount and five cents or more to go to
the higher.
(iv) Apprentices - The minimum weekly rates of
wages for apprentices shall be as set out in Table 1 of Part B.
The total wages of apprentices
shall be calculated to the nearest ten cents, less than five cents to go to the
lower amount and five cents or more to go to the higher.
(v) The rates of pay in this award include
the State Wage Case adjustments payable under the State Wage Case 2000. These
adjustments may be offset against:
(A) any equivalent overaward payments; and / or
(B) award wage increases since 29 May 1991
other than safety net adjustments and minimum rates adjustments.
8. MIXED FUNCTIONS
An employee engaged for more than half of one day on duties
carrying a higher rate than the employee’s ordinary classification shall be
paid the higher rate for such day. An
employee so engaged for half a day or less shall be paid the higher rate for
the time so worked.
9. PIECEWORK
Piecework (if agreed upon by the employer and a majority of
employees engaged in a particular shop) shall be permitted and accepted at
prices so arranged that a piece worker shall earn at least 10 per cent in
excess of the award rate for the particular class of work the employee is
engaged in. Such piecework rates shall
be arranged between the employer and the representative of the Australian
Manufacturing Workers' Union in the shop.
Where there is no union representative in the shop the piecework rates
shall be arranged between the employer and the union. Where the piecework
system is adopted adequate tools and facilities for working shall be supplied
by the employer for the use of the employees.
Where a payment is made under a bonus system each week's
operations shall be separate, so that any deficiency on one week's operations
shall not be set off against an excess on another week's operation.
10. CONDITIONS OF EMPLOYMENT
(i) After twenty-eight days' continuous or
cumulative employment all engagements shall be by the week. Provided that for the first fourteen days
employment shall be by the hour and for the second fourteen days employment
shall be by the day.
(ii) An employee discharged after having
been employed for twenty-eight days shall be given one week's notice or three
days' pay in lieu thereof.
(iii) An employee leaving after twenty-eight
days' employment shall give one week's notice or forfeit three days' pay.
(iv) Where in any week, any time is lost
through the absence of an employee, except as provided for by this award, such
employee shall be paid only for the actual time worked during the week.
(v) All persons
employed in the industry shall be engaged either as piece workers or as time
workers.
(vi) A casual employee is one engaged and paid
as such. A casual employee for working ordinary time shall be paid per hour
one-fortieth of the weekly rate prescribed by this award for the work
performed, plus 15 per cent.
(vii) Each employee on each working day shall be
allowed, at a mutually agreeable time, a morning tea break of ten minutes
without loss of pay.
11. PAYMENT OF WAGES
All wages shall be paid weekly and not later than Friday
each week during working hours.
12. RIGHT OF ENTRY
See Chapter 5, Part 7 of the
Industrial Relations Act 1996.
13. GENERAL PROVISIONS
(i) The
employer shall provide all destructible tools such as files, saws and scorpers.
(ii) Facilities shall be provided to all
employees to obtain morning tea: Provided that a maximum period of ten minutes
per day be allowed for this purpose.
(iii) Five minutes' washing time shall be
allowed to polishers, lapidaries and melters and/or refiners prior to the close
of the ordinary working day.
(iv) Suitable provisions shall be made in all
shops to carry away the fumes arising from all dripping and stripping acids and
hot cyanide solutions.
(v) Rubber gloves and aprons, if necessary,
shall be supplied to all employees working in caustic, acid or cyanide
solutions or corrosive chemical solution.
(vi) In cases where an employer fails to
comply with the provisions of subclause (v) of this clause compensation to the
extent of damage sustained shall be made where, in the course of the work, the
employee's clothing is destroyed by fire or molten metal or through the use of
corrosive substances.
(vii) Tools -
Apprentices - The employer shall provide apprentices with all tools necessary
for their work.
The following hand tools if used by the apprentice in
connection with the apprentice’s work shall become the property of the
apprentice on the completion of the apprenticeship.
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Mounters and Ringmakers
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Setters
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1 pair half round-nose pliers, 12.70 cm.
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2 pairs pliers.
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2 pair short-nose pliers, 11.43 cm or 12.70 cm.
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1 beader maker.
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1 pair flat pliers, 11.43 cm.
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2 ring clamps
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1 pair flat pliers, 15.24 cm.
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1 oil stone.
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1 pair round-nose pliers, 12.70 cm.
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1 dozen scorpers and gravers (assorted).
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I part fire pliers, tongs or tweezers.
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1 saw frame.
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1 pair side cutters
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1 ring size stick.
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1 pair nippers.
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1 soft brush.
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1 pair tweezers
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1 burnisher.
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1 drill stock.
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1 reamer.
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1 pair snips.
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3 p u s h e r s (assorted).
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2 hammers (light and heavy).
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1 set of
beaders, and handle
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1 saw frame
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1 pair dividers.
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1 pair dividers.
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1 pin vyce,
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1 pair slide tongs or hand vyces.
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4 scorpers (assorted).
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1 rule 30 cm. steel.
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1 ring size stick.
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1 blow pipe (mouth).
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1 bench knife.
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1 ring clamp.
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file handles
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(viii) Conditions - Apprentices - The conditions
of employment set out in clauses 2, 4, 5, 11, 15 and 16 of this award shall
apply to apprentices under this award.
14. SICK LEAVE
An employee who is unable to attend for duty during the
employee’s ordinary working hours by reason of personal incapacity (including
incapacity resulting from injury within the Workers' Compensation Act) not due
to the employee’s own serious and wilful misconduct shall be entitled to be
paid at ordinary time rate of pay for the time of such non-attendance subject
to the following:
(i) The employee shall not be entitled to
paid leave of absence for any period in respect of which the employee is
entitled to workers' compensation.
(ii) The employee shall within twenty-four
hours of the commencement of such absence inform the employer of the employee’s
inability to attend for duty and as far as possible state the nature of the
illness or incapacity and the estimated duration of the same.
(iii) The employee shall prove to the
satisfaction of the employer (or, in the event of a dispute, the Industrial
Commission of New South Wales) that the employee is or was unable on account of
such illness or incapacity to attend for duty on the day or days for which
payment under this clause is claimed.
(iv) The employee shall not be entitled during
the employee’s first year of any period of service with an employer to leave in
excess of forty hours of working time: Provided that, during the first six
months of the first year of any period of service with an employer, the
employee shall be entitled to sick leave which shall accrue on a pro rata basis
of 6 2/3 hours of working time for each month of service completed with that
employer: Provided further that on application by the employee during the
seventh month of employment and subject to the availability of an unclaimed
balance of sick leave the employee shall be paid for any sick leave taken
during the first six months and in respect of which payment was not made.
(v) The employee shall not be entitled
during the second or subsequent years of any period of service with an employer
to leave in excess of 64 hours of working time.
(vi) Any period of paid sick leave allowed by
the employer to an employee in any such year shall be deducted from the period
of sick leave, which may be allowed or carried forward under this award in or
in respect of such year.
(vii) Sick leave shall accumulate from year to
year so that any balance of the period specified in paragraphs (iv) and (v) 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 set out in this clause, should be allowed by the employer in a
subsequent year without diminution of the sick leave prescribed in respect of
that year.
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
subparagraph (ii) of paragraph (c), who needs the employee's care and support,
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, provided for in clause 14, Sick Leave, for
absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single
day.
(b) The employee shall, if required,
establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person. In normal circumstances, an employee must
not take carer's leave under this subclause where another person has taken
leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this
subclause is subject to:
(i) the employee being responsible for the care of the person
concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an
adopted child, a step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) a relative of the employee who is a
member of the same household, where for the purposes of this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
3. "household"
means a family group living in the same domestic dwelling.
(f) An employee shall, wherever
practicable, give the employer notice prior to the absence of the intention to
take leave, the name of the person requiring care and that person's
relationship to the employee, the reasons for taking such leave and the estimated
length of absence. If it is not
practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
(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 member of a class of person set out in subparagraph (ii) of
paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee may elect with the consent of
the employer, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five 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.
(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.
16. BEREAVEMENT LEAVE
(i) An employee, other than a casual
employee, shall be entitled to up to two days bereavement leave without
deduction of pay, on each occasion of the death of a person 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 where the employee travels outside Australia to attend the
funeral.
(ii) The employee must notify the employer
as soon as practicable of the intention to take bereavement leave and will
provide to the satisfaction of the employer proof of death.
(iii) Bereavement leave shall be available to
the employee in respect to the death of a person prescribed for the purposes of
personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of
subclause (1) 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 (2), (3), (4) and (5)
of the said clause In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable operational
requirements of the business.
17. 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.
18. EXEMPTION
Without prejudice to the right of the Australian
Manufacturing Workers' Union to apply for exemption for the badge-making
industry from the Metal Engineering and Associated Industries Award 1998,
members of the Australian Industry Group, so far as they are engaged in making
badges of base metal and enamel, shall be exempted from the provisions of this
award.
19. DEFINITIONS
Precious Metal Section -
(a) "Mounter - first class" means
a tradesperson who is required to exercise craft skill in the fashioning and/or
repairing of articles from precious metals or of a complete mount to be set
with gems.
(b) "Mounter - second class" means
an adult employee who is required to fabricate articles where fitting and
adjustment is required.
(c) "Assembler and Solderer"
means an adult employee, other than a tradesperson, who is required to do
simple fabricating, assembling and soldering or the soldering of work held in
jigs where minor fitting and adjustments are required.
(d) "Polisher and Plater" means a
tradesperson engaged on precious metal polishing and/or plating work, including
the care and maintenance of solutions and equipment, which requires the
application of general trade experience gained through apprenticeship or
equivalent training in that work.
(e) "Setter of Precious Gems"
means a tradesperson who is required to exercise craft skill in the setting of
precious gems.
(f) "Setter"
means an adult employee (other than a setter of precious gems) who sets stones
in mounts.
Badge and Non-precious Metals
Section -
(g) "Press
Setter" means an adult employee engaged to set up and test all dies and
tooling prior to stamping.
(h) "Plater - first class" means
an adult employee required to plate badges and articles of non-precious metals
and required to maintain solutions and equipment.
(i) "Maker-up" means an adult
employee engaged in the fabrication and/or repairing of silver plateware or
brassware.
(j) "Spinner" means an adult
employee required to make their own chucks, spins up the job in precious metals
to drawings, measurement of blueprint, and/or who applies general trade
knowledge and experience to the making of spun articles by jobbing methods.
General -
(k) "Engraver - first class"
means a tradesperson capable of carrying out all classes of engraving with or
without the use of a pattern and of making any patterns that may be necessary
and who is for the major part of the working time required to carry out
non-repetitious engraving work for the employer which work necessitates the
exercise of general craft skill and knowledge of engraving.
(l) "Engraver - second class"
means an adult employee who is not capable of carrying out all classes of
engraving but who is for the major part of the working time engaged in carrying
out skilled repetitious engraving.
(m) "Die Maker" means a
tradesperson who makes dies, jigs and associated components by hand and/or
machine for the manufacture of jewellery or jewellery parts and badges in
precious or non-precious metals.
(n) "Process Worker" means an
employee engaged in processes of a repetitious nature, including stamping,
drilling, tapping, edging, sand blasting, stoning, assembling, enamelling,
soldering, casting, rubbing down, washing or drying out, scratch brushing,
gilding and plating under supervision of a competent plater, lacquering,
pinning, carding, packing, linking-up, cutting chain or wire, charging up,
setting imitation stones by mechanical means or sticking imitation stones in
jewellery or badges.
20. APPRENTICESHIP
Apprenticeships undertaken by employees should be in line
with the Industrial and Commercial
Training Act 1989.
21. 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) If follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly discriminatory
in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award, which, by its terms or operation, has a direct
or indirect discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted form
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".
22. Redundancy
(i) Application
-
(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 subclause (ii) of this clause, the effects the changes
are likely to have on employees and measures to avert or mitigate the adverse
effects of such changes on employees, and shall give prompt consideration to
matters raised by the employees and/or the union in relation to the changes.
(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
(a) 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
this clause:
(b) 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
|
(c) 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.
(d) 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.
(e) 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:
1. In order to terminate the employment
of an employee, the employer shall give to the employee three months' notice of
termination.
2. Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that employment may be terminated
by part of the period of notice specified and part payment in lieu thereof.
3. The period of notice required by this
subclause to be given shall be deemed to be service with the employer for the
purposes of the Long Service Leave Act
1955, the Annual Holidays Act 1944,
or any Act amending or replacing either of these Acts.
(f) Time Off
During the Notice Period -
1. During the period of notice of
termination given by the employer, an employee shall be allowed up to one day's
time off without loss of pay during each week of notice, to a maximum of five
weeks, for the purpose of seeking other employment.
2. If the employee has been allowed paid
leave for more than one day during the notice period for the purpose of seeking
other employment the employee shall, at the request of the employer, be
required to produce proof of attendance at an interview or the employee shall
not receive payment for the time absent.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(k) 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.
(vi) Severance
Pay
(a) 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:
1. If an employee is under 45 years of
age, the employer shall pay in accordance with the following scale:
|
Years of service
|
Under 45 years of age entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
2. 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
|
(b) "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.
(c) 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 paragraph (a) of this subclause.
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 paragraph (a) will have on the employer.
(d) 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 paragraph (a) of this subclause
if the employer obtains acceptable alternative employment for an employee.
23. GRIEVANCE PROCEDURE
(i) Procedures
Relating to Grievances of Individual Employees -
(a) The employee is required to notify the
employer (in writing or otherwise) as to the substance of the grievance,
request a meeting with the employer for bilateral discussions and state the
remedy sought.
(b) A grievance must initially be dealt with
as close to its source as possible, with graduated steps for further discussion
and resolution at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each
level of authority.
(d) At the conclusion of the discussion, the
employer must provide a response to the employee's grievance, if the matter has
not been resolved, including reasons for not implementing any proposed remedy.
(e) While a procedure is being followed, normal work must
continue.
(f) The employee may be represented by an
industrial organisation of employees and the employer may be represented by an
industrial organisation of employers.
(ii) Procedures
Relating to Disputes, etc., Between Employers and their Employees -
(a) A question, dispute or difficulty must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(b) Reasonable time limits must be allowed for discussion at each
level of authority.
(c) While a procedure is being followed, normal work must
continue.
(d) The employer may be represented by an
industrial organisation of employers and the employees may be represented by an
industrial organisation of employees for the purposes of each procedure.
24. AREA, INCIDENCE AND
DURATION
This award shall apply to goldsmiths, silversmiths, gilders,
chasers, engravers, lapidaries and metal badge workers in the State, excluding
the County of Yancowinna.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
rescinds and replaces the Jewellers and Metal Badge Workers (State) Award
published 4 June 1969, reprinted 15 February 1984 and further reprinted 2
August 1991 (264 I.G. 440) and all variations thereof.
The award published 4 June 1969, reprinted 15 February 1984
and further reprinted 2 August 1991 took effect from the first pay period to
commence on or after 25 October 1968.
The changes made to the award pursuant to the Award Review
pursuant to Section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 18 December
1998 (308 I.G. 307) take effect on 13 July 2001.
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
(i) The minimum
rates of pay for the classifications set out hereunder shall be as follows:
|
Adult Employees
|
Rate of Pay
At
14 June 2001
|
Rate of Pay
At
15 October 2001
|
|
Press setter
|
$440.40
|
$460.50
|
|
Polisher
|
$440.40
|
$460.50
|
|
Plater
|
$461.60
|
$492.20
|
|
Make-up
|
$426.55
|
$439.60
|
|
Spinner
|
$440.40
|
$460.50
|
|
Die Maker
|
$461.60
|
$492.20
|
|
Engraver - first class
|
$461.60
|
$492.20
|
|
Engraver - second class
|
$440.50
|
$460.50
|
|
All other employees, not elsewhere classified
|
$411.60
|
$417.10
|
|
Apprentices -
|
|
|
|
1st year
|
$164.05
|
$184.90
|
|
2nd year
|
$217.00
|
$242.10
|
|
3rd year
|
$302.15
|
$330.20
|
|
4th year
|
$352.70
|
$387.40
|
Table 2 - Other Rates
and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Rate
At
14 June 2001
|
Rate
At
15 October 2001
|
|
1
|
3(i)
|
Tea Money
|
$6.85
|
$7.60
|
|
2
|
3(ii)
|
Minimum Apprentice
|
|
|
|
3
|
7 (iii)
|
Leading Hands - In charge of:
|
|
|
|
|
|
3 - 10 employees;
|
$19.75
|
$21.35
|
|
|
|
11-20 employees
|
$29.75
|
$32.15
|
|
|
|
In charge of more than 20 employees
|
$37.95
|
$40.95
|
T.M.
KAVANAGH, J.
____________________
Printed by the authority
of the Industrial Registrar.