Clothing
Trades (State) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Review of Award
pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1529 of 2007)
Before Commissioner Bishop
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18 January 2008
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REVIEWED AWARD
PART A
Arrangement
PART A
1. Title
This award shall be
known as the Clothing Trades (State) Award.
2. Arrangement
Clause No. Subject
Matter
1. Title
2. Arrangement
3. Locality
4. Dispute Settlement Procedure
5. Demarcation of Work
6. Rates of Pay
7. Absorption Commitment
8. Skill Levels
9. Apprentices or Improvers - Rates of Pay
10. Apprenticeship and Improvership
11. National Training Wage
12. Aged, Infirm or Slow Workers
13. Workers Eligible for a Supported Wage
14. Hours of Employment
15. Midday Meal Interval
16. Overtime
17. Meal Money
18. Rest Period
19. Mixed Functions
20. Terms of Engagement
21. Annual Leave
20A. Deduction of Union Membership Fees
22. Trade Union Training Leave
23. Sick Leave
24. Personal/Carer's Leave
25. Payment by Results
26. Casual Workers
26A. Secure Employment
27. Part-time Employees
28. Holidays
29. Payment for Work Done on Holidays
30. Payment for Work Done on Sundays
31. Contract Work
32. Outworkers
33. Registration of Employers
34. Entry and Inspection by Officers of
Industrial Organisations
35. Time Book, Sheet or Records
36. Seating Accommodation
37. Amenities
38. First-aid Ambulance Chest
39. Award Posted
40. Industrial Committee
41. Shop Stewards and Representatives
42. Uniforms
43. Notice Boards
44. Protective Clothing
45. Tools of Trade
46. Disability Allowance
47. Bereavement Leave
48. Accident Pay
49. Jury Service
50. Blood Donors
51. Attendance at Hospital
52. Parental Leave
53. Introduction of Change
54. Redundancy
55. Superannuation
56. Enterprise Bargaining
57. Anti-Discrimination
58. Area, Incidence and Duration
Pseudo Clauses:
59. Appendix A - Form of Indenture of
Apprenticeship
60. Appendix B - Form of Declaration -
Amenities
61. Schedule A - Consultative Committees
62. Schedule B - Request to the Union by the
Outworker to Reduce the Number of Hours Worked Part-time
63. Schedule C - Information to be Given to
Outworkers
64. Schedule D - Broadbanding Arrangements*
*Former
transitional wages classification system to facilitate the introduction of
skill levels in 1994. Retained for historical reference only.
65. Schedule E - Procedure to be adopted in
Developing an Enterprise Bargaining Agreement
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Table 2 - Other
Rates and Allowances
3. Locality
This award shall apply
in the State of New South Wales.
4. Dispute Settlement Procedure
Where a dispute arises,
the following steps shall be taken:
4.1 Step One - As soon as practicable after
the issue or claim has arisen, it shall be considered jointly by the
appropriate supervisor, the worker or workers concerned and the Union delegate
who shall attempt to settle the dispute.
4.2 Step Two - If the dispute is not
resolved, the issue or claim shall be considered jointly by the appropriate
senior management representative in conjunction with the Union delegate who
shall attempt to settle the dispute.
4.3 Step Three - If the dispute is not
resolved, the issue or claim shall be considered jointly by the employer and an
official of the Union who shall attempt to settle the dispute.
4.4 Step Four - If the dispute is not
resolved, the dispute may then be notified to the Industrial Relations
Commission of New South Wales. The
parties may request that the matter be dealt with in accordance with clause 40,
Industrial Committee, or by a member of the Commission who shall resolve the
dispute by conciliation or arbitration.
5. Demarcation of Work
5.1
5.1.1 In the manufacture of knitted piece goods
and (excepting babywear) the making up there from of suits, coats, trousers,
culottes, frocks, dresses, dressing gowns, tracksuits, slack suits, blouses,
shorts, and/or like garments:
Where the knitting
and making up are carried out by one employer in the same establishment, the
knitting work shall be subject to the Textile Industry (State) Award, and the
work of making up to the Clothing Trades (State) Award.
5.1.2 In the manufacture of knitted piecegoods
and the making up therefrom of all garments other than those specified in
subclause 5.1.1:
Where the piecegoods
are knitted by an employer and the making up is completed at the same or
another establishment by that same employer, both the work of knitting of the
piecegoods and making up shall be subject to the Textile Industry (State)
Award.
5.1.3 In the manufacture of knitted piecegoods
and the making up of all garments:
Where piecegoods
are knitted by one employer and garments are made up by another employer the
knitting shall be subject to the Textile Industry (State) Award and the work of
making up shall be subject to the Clothing Trades (State) Award.
5.2 Provided that in an establishment where
the making up of knitted piecegoods constitutes such a minor amount of the
employer's total operations so as to render the observance of subclause 5.1.1
unreasonable the employer may, on application to the Industrial Relations
Commission of New South Wales, be exempt from the obligation to observe the
provisions of the Clothing Trades (State) Award.
6. Rates of Pay
6.1 Adult rates of pay shall be as set out
in Table 1 - Rates of Pay, of Part B, Monetary Rates.
6.2 Where such an employee has been absent
from duty in a week in circumstances entitling the employee’s employer to
deduct payment for the time of non-attendance, the employee shall be paid for
the ordinary hours worked during such week at the rate of the said appropriate
amount per week.
6.3 Calculations for overtime, payments by
results rates, penalty rates, shift work and other payments under the award
shall be made at the rate prescribed by subclause 6.1 for the classification in
which the employee is employed.
6.4 For the purpose of this clause,
"overaward payment" is defined as the amount (whether it be termed
"overaward payment", "attendance bonus", "payment by
results bonus", "service increment", or any term whatsoever)
which an employee would receive in excess of the award rate specified in
subclause 6.1.
6.5 Examiner - An examiner is an employee
required to examine for faults in the construction of any garment or part of a
garment made or being made by other employees.
6.6 An
employee who is the head of a table or bench of machines in charge of 4 or more
employees must be paid an amount above their skill level rate of pay as
follows;
6.6.1 if working in connection with order
tailoring or order dress making, the amount set out in Item 1 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
6.6.2 for all others, the amount set out in Item
2 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates.
7. Absorption Commitment
7.1 The rates of pay in this award include
the adjustments payable under the State Wage Case 2007. These adjustments may be offset against:
(i) any equivalent overaward payments;
and/or
(ii) award wage increases since 29 May 1991
other than safety net adjustments and minimum rates adjustments.
7.2 The rates in Table 1 - Rates of Pay, and
the rates in Table 2 - Other Rates and Allowances, of Part B, Monetary Rates,
shall operate from the beginning of the first pay period to commence on or
after 23 July 2007.
8. Skill Levels
Trainee - Employees at
this level:
* Shall be new
entrants into the industry.
* Shall for a
period of up to three months undergo approved (including induction) training so
as to enable them to achieve the level of competence9 required to be classified
at Skill Level 1.
* Shall work under
the following conditions:
- Totally defined
procedures and methods;
- Constant direct
supervision;
- Constant direct
training;
- Progressive
assessment and feedback.
* Training for new
entrants will be determined in accordance with the needs of the enterprise, but
shall involve instruction aimed at assisting trainees to achieve the range of
competencies required at Skill Level 1, including:
- The knowledge
and skills required to apply relevant Occupational Health and Safety practices
and procedures.
- The knowledge
and skills required to apply specified quality control20 standards to their own
work.
- The knowledge
and skills required to apply specified operation practices and procedures and to
meet efficiency requirements.
- The knowledge
and skills required to apply minor equipment/machine maintenance17 relevant to
the equipment involved in the performance of their own work.
Skill Level 1 -
Employees at this level:
1.
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Shall work to defined
procedures/methods 14
either individually or in a team environment; and
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2.
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Shall exercise skills
to perform basic tasks 1
; and
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3.
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Shall be aware of and
apply basic quality control skills in the receipt and completion of their own
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work to the specified
quality standards 23
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In addition,
according to the needs and operational requirements of the enterprise,
employees at
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this level
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4.
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May be required to
exercise the skills necessary to assist in providing basic on-the-job
instruction 18
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by way of
demonstration and explanation;
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5.
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May be required to
record basic information on production and/or quality indicators 22 as required;
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6.
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May be required to
work in a team environment 24;
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7.
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May be required to
apply minor equipment/machine maintenance;
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8.
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May be required to
exercise key pad skills 11;
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9.
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May be required to
exercise the level of English literacy and numeracy skills to effectively
perform
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their tasks;
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10.
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May commence training
in additional skills required to advance to a higher skill level.
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Skill Level 2 -
Employees at this level exercise the skills required to be graded at Skill
Level 1; and
1.
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Shall work to defined
procedures/methods, either individually or in a team environment; and
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2.
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Shall exercise the
skills to perform intermediate tasks 2;
and
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3.
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Shall understand and
apply quality control skills in their own work and component parts 10
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(including
understanding of the likely cause(s) of deviations to specified quality
standards in their
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own work).
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In addition,
according to the needs and operational requirements of the enterprise,
employees at
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this level:
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4.
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May be required to
exercise the skill necessary to assist in providing on-the- job instruction
to
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employees in skills
required at Skill Level 2 and below by way of demonstration and explanation;
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5.
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May be required to
record detailed information in production and/or quality indicators as
required;
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6.
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May be required to
exercise team work skills;
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7.
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May be required to
identify and rectify minor equipment/machine faults, and report problems that
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cannot be rectified
to a mechanic or supervisor;
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8.
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May be required to
exercise basic computer skills 12;
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9.
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May commence training
in additional skills required to advance to a higher skill level.
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Skill Level 3 -
Employees at this level exercise the skills required to be graded at Skill
Level 2; and
1.
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Shall exercise
discretion, initiative and judgement on the job in their own work, either
individually
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or in a team
environment; and
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2.
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Shall exercise skills
to:
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(a) perform a complex task(s) 3 or
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(b) perform a series of different
operations on a machine(s) 4,5
or
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(c) use a variety of machine types 6 three of which require
the exercise of level 2 skills and
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3.
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(a) Shall be responsible for quality
assurance19
in their own work and assembly of component
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parts including having an
understanding of how this work relates to subsequent production
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processes and its contribution to
the final appearance of the garment.
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In addition,
according to the needs and operational requirements of the enterprise,
employees at
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this level:
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(b) May be required to investigate causes
of quality deviations 21
to specified standards and
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recommend preventative action.
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4.
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May be required to
exercise the skills necessary to assist in providing on-the-job instruction
to
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employees in skills
required at Skill Level 3 and below by way of demonstration and explanation.
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5.
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May be required to
record detailed information on, and recommend improvements to, production
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and/or quality.
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6.
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May be required to
take a co-ordinating role 13
for a group of workers or in a team environment
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(which includes
contributing to the identification and resolution of the problems of others
and
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assisting in defining
work group procedures and methods), where the members of the group or
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team are at Skill
Level 3 and below.
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7.
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May be required to
exercise advanced equipment maintenance and problem solving skills
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(including
identification of major equipment faults).
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8.
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May commence training
in additional skills required to advance to a higher skill level.
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Skill Level 4 -
Employees at this level exercise the skills required to be graded at Skill
Level 3 and have a comprehensive knowledge of product construction. Employees
at this level shall also:
* Apply skills and
knowledge, equivalent to that of a qualified tradesperson, that have been
acquired as a result of training or experience; or
* Hold a relevant trade
certificate; and
1.
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Shall work largely
independently 15
(including developing and carrying out of a work plan to
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specifications), and
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2.
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Shall exercise a
range of skills involving planning, investigation and resolution of problems,
and/or
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training and/or
supervision, and/or specialised technical tasks, or shall make a whole
garment to
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specifications, or
exercise equivalent skills 7.
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In addition,
according to the needs and operational requirements of the enterprise,
employees at
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this level:
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3.
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May be required to
apply quality control/assurance techniques to their work group or team.
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4.
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May have designated
responsibility16 for the training of other employees (and if so shall be
trained
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trainers).
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5.
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May be responsible
for quality and production records relating to their own work group or team.
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6.
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May be required to
take a co-ordinating role for a group of workers or in a team environment
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(which includes
contributing to the identification and resolution of the problems of others
and
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assisting in defining
work group procedures and methods), where the members of the group or
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team are at Skill
Level 4 and below.
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7.
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May be required to
exercise advanced equipment maintenance and problem solving skills
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(including identification
of major equipment faults and organisation or performance of necessary
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repair).
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8.
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May commence training
in additional skills required to advance to a higher skill level.
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Explanation of Terms -
1.
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Basic Tasks -
Uncomplicated tasks which are easily learned and involve little decision
making
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whether machine or
non- machine.
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Basic machine tasks
are those where the positioning of the work may be controlled by guidebars
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and sensor lights, or
other such guiding devices or where there is uncomplicated feeding of the
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fabric.
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2.
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Intermediate Tasks -
Tasks which are more difficult to learn, involve more decision making than
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Skill Level 1 tasks
and which may require fabric knowledge, whether machine or non-machine.
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Intermediate machine
tasks require skill in positioning, feeding and handling of work involving
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directional changes,
contouring or critical stopping points, or require feeding and handling
skills
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beyond those of a
Skill Level 1 operator because of fabric variation.
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Intermediate
non-machine tasks require skills to perform a sequence of related tasks.
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3.
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Complex Tasks - Tasks
which are more difficult to learn and involve a higher level of decision
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making than Skill
Level 2 tasks, whether machine or non-machine.
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Complex machine tasks
require fabric manipulation skills and knowledge beyond those of a Skill
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Level 2 operator to
perform more difficult tasks or to handle and align the sections while
ensuring
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correct shaping of
the end result because of the complexity of combining parts or because of
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frequent variation in
fabrics.
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4.
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Series of different
operations on a machine(s) - Performing a sequence of different operations on
a
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machine(s) to
complete the majority of a complex garment.
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5.
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Machine - Any piece
of equipment which performs a significant part of an operation in:
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designing/grading of
patterns;
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marker spreading;
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spreading of fabric;
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cutting, sewing,
finishing, pressing and packaging of products,
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and which is powered
by an external source, i.e., electricity, steam or compressed air or
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combinations of
these.
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Hand tools are not
machines and refer to those items which are primarily powered by the
operator,
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e.g., scissors,
shears, staplers, tagging guns and tape dispensers.
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6.
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Variety of machine
types - Three or more different types of machines which are sufficiently
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different in their
operation to require the exercise of different skills (i.e., a button holer
and a button
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sewer are the same
machine type for this purpose, whereas a button holer and an overlocker are
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different machine
types).
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7.
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Whole garment
machinist or equivalent skills - A machinist who works largely independently
in
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producing a complex
garment from written specifications and patterns. Examples of
"equivalent
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skills" include:
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sample machinist;
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a machinist who
performs each of the operations required to complete a complex whole
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garment from
specifications;
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a fully multi-skilled
machinist who is required to perform any of the operations involved in
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the making of a
complex whole garment to specification.
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8.
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Skill - The
application of a combination of abilities, knowledge and attributes to
competently
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perform a given
activity or activities.
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9.
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Competence - The
ability to perform a particular activity or activities to a prescribed
standard (or
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standards) and under
a prescribed set of circumstances.
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10.
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Component parts - The
parts of the product which the operator receives in order to perform the
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operator’s job.
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11.
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Key pad skills -
Ability to use a small panel of keys, either numerical or with symbols, to
operate
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equipment.
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12.
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Basic computer skills
- Use of a computer to enter, retrieve and interpret data.
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13.
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Co-ordinating role -
A role which involves responsibility for organising and bringing together the
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work and resource
requirements of a work group or team.
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14.
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Defined
procedures/methods - Specific instructions outlining how an operator is to do
the
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operator’s job.
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15.
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Largely independently
- Where the employee is accountable for the employee’s own results
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including:
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carrying out assigned
task;
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co-ordinating
processes;
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setting and working
to deadlines.
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16.
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Designated
responsibility - Identified by management as a person with a specific role or
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responsibility.
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17.
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Minor
equipment/machine maintenance - Includes cleaning and minor adjustments to
the
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equipment involved.
In the case of sewing machines, for example, it may include:
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changing needles;
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cleaning;
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lubrication;
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tension and stitch
adjustment.
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18.
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On-the-job
instruction - Demonstrating, showing, explaining and/or guiding other
employees as to
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how to perform a
particular task or operation to a competent standard.
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19.
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Quality assurance -
The overall system and plans used to provide confidence that goods and
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services will satisfy
given requirements.
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20.
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Quality control - The
activities used to check that materials and products meet quality
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specification;
includes the grading of product into acceptable and unacceptable categories.
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21.
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Quality deviations -
Departures from a quality standard.
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22.
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Quality indicators -
Information used to determine whether a quality standard has been met.
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23.
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Specified quality standards
- Detailed standards against which quality is measured.
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24.
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Team environment - An
environment involving work arrangements in which a group of people
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work closely,
flexibly and in co-operation with each other to ensure efficient and
effective
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performance.
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9. Apprentices Or Improvers - Rates of Pay
The minimum weekly
rates of wages to be paid to apprentices or improvers shall be as follows:
9.1 Apprentices - All groups in the industry
-
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Percentage of Skill
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Level 4
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1st year -
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1st six months
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50
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2nd six months
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55
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2nd year -
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1st six months
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60
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2nd six months
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65
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3rd year -
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1st six months
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70
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2nd six months
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75
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4th year -
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1st six months
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80
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2nd six months
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85
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Thereafter - the
appropriate adult rate.
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9.2 Improvers - All groups in the industry -
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Percentage of Skill
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Level 2
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16 years and under
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50
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16.5 years
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55
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17 years
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60
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17.5 years
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65
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18 years
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69
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18.5 years
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72
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19 years
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75
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19.5 years
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80
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20 years
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85
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The percentage wages
set out in subclauses 9.1 and 9.2 shall be calculated in multiples of 5 cents,
amounts of 2 cents or less being taken to the lower multiple and amounts in
excess of 2 cents being taken to the higher multiple. Provided that any improver:
9.2.1 with at least three years' and not more
than four years' experience in the clothing trades industry shall be paid not
less than the percentage of the appropriate rate for a 20 year old improver;
9.2.2 after four years' experience in the
clothing trades industry shall be paid the appropriate rate for an adult
employee respectively in the classification in which the employee is employed;
9.2.3 having attained 20 years of age and who has
had more than two years' experience in the clothing trades industry shall be
paid the appropriate adult rate.
9.3 Time served by an apprentice or improver
in the clothing trades industry or similar experience in the textile industry
or in any full-time government sponsored training course which is approved by
the appropriate State Industry Training Committee shall be counted as
experience for the purpose of apprenticeship or improvership, both as regards
wages and the terms to be served in respect of the continuation of the
employment of such apprentice or improver. Provided that such person having
attained the age of 21 years shall, unless that person is the holder of a
permit granted pursuant to clause 12, Aged, Infirm or Slow Workers, be paid the
wage herein prescribed for an adult employee.
9.4 Limitation - only employees of skill
level 3 or greater shall work on a Hoffman type manually operated press.
10. Apprenticeship and Improvership
10.1 Apprenticeship
10.1.1 Subject to subclause 10.2 an employer shall
not employ improvers in the following classifications of this award otherwise
than under an indenture of apprenticeship as hereinafter provided:
Group A - Order
Tailoring for Males - Adult Classification -
Cutter marking in
and/or cutting out
Tailor or
tailoress (as defined)
Group B - Order
Tailoring for Females - Adult Classification -
Cutter marking in
and/or cutting out
Tailor or
tailoress (as defined)
10.1.2 Employees other than those referred to in
subclause 10.1.1 may be apprenticed, and if engaged as apprentices shall be
engaged under an indenture of apprenticeship.
10.1.3 Apprentices shall be indentured in accordance
with Appendix "A" (Form of Indenture of Apprenticeship) and the said
indenture shall be subject to any variation hereof. A copy of the indenture shall be lodged by the employer with the Industrial
Registrar.
10.1.4 It shall be the duty of the employer to see
that the form of indenture of any apprentice is duly completed and to deliver
to the apprentice a complete original copy within seven days of it being signed
by the parties.
10.1.5 The proportion of apprentices who may be
taken on by an employer shall be one to each employee of the classification
referred to in subclause 10.1.1 receiving the adult rate.
10.1.6 The term of an apprenticeship shall be four
years.
10.1.7 Juniors may be taken on probation for three
months and, if apprenticed, such time shall count as part of the term of
apprenticeship.
10.1.8 An apprentice who cannot complete the full
term of apprenticeship before reaching their twenty-second birthday may, by
agreement with the employer, serve as an apprentice until the apprentice
reaches the age of 23 years.
10.1.9 An indenture of apprenticeship may be
assigned, suspended or cancelled:
(i) by mutual consent of the parties after
seven days' notice by either party; or
(ii) by the employer (subject to the approval
of the Industrial Committee) if through lack of orders or financial
difficulties:
(1) the employer is unable to find suitable
employment for the employer’s apprentice; or
(2) the employer is desirous of transferring
the apprentice to another employer but such transfer cannot be arranged; or
(iii) by the Industrial Committee.
10.1.10 Where existing indentures are
inconsistent with indentures herein prescribed the existing indentures shall be
deemed to be amended accordingly.
10.1.11 Attendance at Technical Schools -
Apprentices attending technical colleges or schools and presenting reports of
satisfactory conduct shall be reimbursed all fees paid by them.
10.1.12 Operation of State Laws - In New
South Wales any statute relating to apprentices or any authority with statutory
power which has issued or may issue any regulations relating to apprentices,
including any provisions relating to proficiency payments, shall operate
provided that the provisions thereof are not inconsistent with this award.
The provisions of
any statute, award or regulation relative to the attendance of apprentices at
technical schools during ordinary working hours or to disciplinary powers of
apprenticeship authorities over apprentices and employer shall not be deemed to
be inconsistent with this award.
10.2 Improvership - Subject to subclause 10.1.1
improvers may be employed by an employer in any section of the industry. The
proportion of improvers who may be employed by an employer shall be: two to
each employee within that classification receiving the adult rate.
10.3 Calculation of Proportion - In calculating
the proportion of the number of employees receiving the adult rate working
proprietors shall be included. Each classification shall be considered
separately and a proprietor shall be counted in only one classification.
11. State Training Wage
The parties to this
award shall observe the terms of the Training Wage (State) Award 2002, as
amended. Each breach of the Training
Wage (State) Award 2002 is a distinct and separate breach of this clause.
12. Aged, Infirm Or Slow Workers
12.1 Any person who by reason of age, inability
or infirmity is not capable of performing all the duties ordinarily required of
the person’s position may be employed at a rate less than the rate fixed in
this award with the consent in writing of the Secretary of the Union or the
Industrial Registrar or Deputy Industrial Registrar. The consent must state the
name of the person to be employed, the nature of the proposed employment, the
name of the employer, the wages to be paid and the grounds upon which the
consent is given. Each consent shall
relate to one employee only and shall state a term of not longer than six
months.
12.2 When the Industrial Registrar or Deputy
Industrial Registrar has issued a permit, the Industrial Registrar or Deputy
Industrial Registrar (as the case may be) shall notify the Secretary of the
Union.
13. Workers Eligible for a Supported Wage
13.1 This clause defines the conditions which
will apply to employees who, because of the effects of a disability, are
eligible for a supported wage under the terms of this award. In the context of this clause, the following
definitions will apply:
13.1.1 "Supported Wage System" means the
Commonwealth Government system to promote employment for people who cannot work
at full award wages because of a disability, as documented in "Supported
Wage System: Guidelines and Assessment Process".
13.1.2 "Accredited assessor" means a
person accredited by the management unit established by the Commonwealth under
the Supported Wage System to perform assessments of an individual's production
capacity within the Supported Wage System.
13.1.3 "Disability support pension" means
the Commonwealth pension scheme to provide income security for persons with a disability
as provided under the Social Security Act 1991, as amended from time to
time, or any successor to that scheme.
13.1.4 "Assessment instrument" means the
forms provided for under the Supported Wage System that records the assessment
of the productive capacity of the person to be employed under the Supported
Wage System.
13.2 Eligibility Criteria - Employees covered
by this clause will be those who are unable to perform the range of duties to
the competence level required within the class of work for which the employee
is engaged under this award, because of the effects of a disability on their
productive capacity and who meet the impairment criteria for receipt of a
disability support pension. This clause
does not apply to any existing employee who has a claim against the employer
which is subject to the provisions of workers' compensation legislation or any
provisions of this award relating to the rehabilitation of employees who are
injured in the course of their current employment.
This award does
not apply to employers in respect of their facility, program, undertaking,
service or the like which receives funding under the Disability Services Act
1986 and fulfils the dual role of service provider and sheltered employer to
people with disabilities who are in receipt of or are eligible for a disability
support pension, except with respect to an organisation which has received
recognition under section 10 or section 12(A) of the Disability Services Act
1986 or, if a part only has received recognition, that part.
13.3 Supported Wage Rates - Employees to whom
this clause applies shall be paid the applicable percentage of the minimum rate
of pay prescribed by this award for the class of work which the person is
performing, according to the following schedule:
Percentage Assessed Capacity
|
Percentage of Prescribed
|
(subclause 13.4)
|
Award Rate
|
*10
|
10
|
20
|
20
|
30
|
30
|
40
|
40
|
50
|
50
|
60
|
60
|
70
|
70
|
80
|
80
|
90
|
90
|
(Provided that the
minimum amount payable shall not be less than $53 per week.)
*Where a person's
assessed capacity is 10 per cent, they shall receive a high degree of
assistance and support.
13.4 Assessment of Capacity - For the purpose
of establishing the percentage of the award rate to be paid to an employee
under this award, the productive capacity of the employee will be assessed in
accordance with the Supported Wage System and documented in an assessment
instrument by either:
13.4.1 the employer and the Union in conjunction
with the employee or, if desired by any of these:
13.4.2 the employer and an accredited assessor from
a panel agreed by the parties to the award and the employee.
13.5 Lodgement of Assessment Instrument
13.5.1 All assessment instruments under the
conditions of this clause, including the appropriate percentage of the award
wage to be paid to the employee, shall be lodged by the employer with the
Registrar of the Industrial Relations Commission of New South Wales.
13.5.2 All assessment instruments shall be agreed
and signed by the parties to the assessment; provided that, where the Union is
not a party to the assessment, it shall be referred by the said Registrar to
the Union by certified mail and shall take effect unless an objection is
notified to the Registrar within ten working days.
13.6 Review of Assessment - The assessment of
the applicable percentage should be subject to annual review, or earlier on the
basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures
for assessing capacity under the Supported Wage System.
13.7 Other Terms and Conditions of Employment -
Where an assessment has been made, the applicable percentage shall apply to the
wage rate only. Employees covered by the provisions of this clause shall be
entitled to the same terms and conditions of employment as all other workers
covered by this award paid on a pro rata basis.
13.8 Workplace Adjustment - An employer wishing
to employ a person under the provisions of this clause shall take reasonable
steps to make changes in the workplace to enhance the employee's capacity to do
the job. Changes may involve redesign of job duties, working time arrangements
and work organisation, in consultation with other workers in the area.
13.9 Trial Period -
13.9.1 In order for an adequate
assessment of the employee's capacity to be made, an employer may employ a
person under the provisions of this clause for a trial period not exceeding 12
weeks, except that in some cases additional work adjustment time (not exceeding
four weeks) may be needed.
13.9.2 During the trial period, the
assessment of capacity shall be undertaken and the proposed wage rate for a
continuing employment relationship will be determined.
13.9.3 The minimum amount payable to the
employee during the trial period shall be no less than $53 per week.
13.9.4 Work trials should include
induction or training as appropriate to the job being trialled.
13.9.5 Where the employer and employee
wish to establish a continuing employment relationship following the completion
of the trial period, a further contract of employment shall be entered into
based on the outcome of assessment under subclause 13.4.
13.10 Provided that any person currently employed
under the provisions of clause 12, Aged, Infirm or Slow Workers, at a rate
fixed with the consent of the Secretary of the Union or of the Industrial
Committee should continue to be paid at that rate as if the insertion of this
clause had not been made.
14. Hours of Employment
14.1
14.1.1 Subject to any clause of this award which
prescribes otherwise, all employees other than casual employees and part-time
employees shall be engaged by the week. Except where an arrangement has been
made in accordance with 14.1.2, 38 hours shall constitute a week's work to be
worked within five days, Monday to Friday, inclusive, and within the following
hours: time of beginning 6.00 a.m. time of ending 6.00 p.m. No employee shall
be rostered for duty for longer than eight hours without payment of overtime
unless an arrangement has been made in accordance with the last proviso to this
subclause. Provided further that any
other starting and finishing times, other than those herein prescribed, and the
number of hours in excess of eight on any day which may be worked without the
payment of overtime, may be agreed upon by the employer and at least 75 per
cent of the employees concerned and assented to by the Union in writing or as
approved by the Industrial Committee.
14.1.2 Subject to the daily limitations prescribed
in subclause 14.1.1,where the employer and a majority of employees agree, the
hours of work may be arranged by any one of the following methods:
(i) By working shorter hours on one or more
days of each week.
(ii) Fix a day on which all employees will be
off during a particular work cycle.
(iii) Roster employees off on various days of
the week during a particular work cycle.
(iv) Where employees are entitled to a rostered
day or days off in accordance with subclauses 14.1.2(ii) or 14.1.2(iii), the
employer shall notify such employees at least four weeks in advance of the
weekday the employee is to take off. Where an employee has not accumulated a
full day's entitlement when a rostered day off occurs, such employee shall for
that day receive payment for the actual time accrued.
(v) Where the employer and the employees
agree, rostered days off may accumulate to a maximum of seven days which shall
be taken in one or two continuous periods within one month of such accrual.
Notwithstanding
this, accumulated rostered days off may be taken in more than two continuous periods
by agreement in writing from the Secretary of the Union.
(vi) Where an arrangement is made in accordance
with this clause, starting and finishing times and the daily and weekly hours
so determined shall constitute the ordinary working hours and work performed
outside or in excess of such times and hours will constitute overtime for the
purpose of this award.
(vii)
(1) An employer, with the agreement of the
majority of employees concerned, may substitute the day an employee is to take
off in accordance with an arrangement pursuant to subclause 14.1.2 for another
day in the case of a breakdown in machinery or a failure or shortage of
electric power or to meet the requirements of the business in the event of rush
orders or some other emergency situation.
(2) An individual employee, with the
agreement of the employer, may substitute the day they are to take off for
another day.
(viii) Where an employer wishes to arrange working
hours by fixing a day on which all employees will be off during a particular
work cycle the employer shall approach the Secretary of the Union to seek the
agreement of the Union. The Secretary shall not unnecessarily withhold such
agreement.
14.2 Except in the case of an emergency, the
employer shall give one week's notice of any alteration to the starting and
ceasing times of ordinary work.
14.3 The ordinary working hours shall be
prominently displayed in each workshop or factory.
14.4 Shift Work - Permanent Press Plant -
Employees working as hot head press operators and curing oven attendants
directly connected with the operation of permanent press plant may be employed
on afternoon shifts, subject to the following conditions:
14.4.1 An afternoon shift shall only be introduced
by an employer subject to the matter being referred to the Industrial Relations
Commission of New South Wales and approval obtained.
14.4.2 "Afternoon shift" shall mean a
shift finishing after 6.00 p.m. but not later than midnight.
14.4.3 An employee when working on such afternoon
shift shall be paid as follows:
(i) when on time work, at the employee’s
ordinary rate plus 15 per cent;
(ii) when under any system of payment by
results, the employee’s earnings under such system plus an additional amount of
15 per cent.
14.4.4 Any time worked by a shift worker in excess of
eight hours in any one day or 38 hours in any one week, shall be paid for at
the penalty rates prescribed in clause 16, Overtime.
14.4.5 Twenty minutes shall be allowed to afternoon
shift workers each shift for crib which shall be counted as time worked and
which shall be arranged at a convenient time as near as practicable to the
middle of the shift.
14.4.6 Shift workers shall not receive the shift
penalty prescribed in 14.4.3 in respect of payment for sick leave, public
holidays or annual leave.
14.5
14.5.1 Shift Work - Adult employees employed by the
employer(s) listed in subclause 14.5.2 may be employed on a weekly afternoon
shift basis, subject to the following conditions which have been agreed between
the Union and the aforesaid employer(s):
(i) For the purpose of this subclause,
"afternoon shift" shall mean a shift finishing after 5.00 p.m. but
not later than 11.00 p.m.
(ii) Part-time employees may be employed to
work on afternoon shift for a lesser number of hours per week than 38.
(iii) Part-time employees employed under
subclause 14.5.1(ii) will be employed subject to the terms and conditions of
clause 27, Part-time Employees.
(iv) An employee when working afternoon shift
shall, in addition to the employee’s ordinary rate, be paid in respect of each
hour an amount equivalent to 22.5 per cent of the rate applicable to the work
performed.
(v) Any time worked by a shift worker in
excess of 7.6 hours in any one day or 38 hours in any one week shall be paid
for at the penalty rates prescribed in clause 16, Overtime, provided that the
number of hours worked on any day may exceed 7.6 hours without the payment of
overtime if such hours are worked in accordance with a program of working hours
agreed upon by the employer and the employees concerned and assented to by the
Union in writing.
(vi)
(1) For a shift of greater than five hours'
duration, twenty minutes shall be allowed to employees on an afternoon shift
for a break, which shall be counted as time worked, and which shall be arranged
at a convenient time as near as practicable to the middle of the shift.
(2) For a shift of five hours or less
duration, fifteen minutes shall be allowed to employees on an afternoon shift
for a break, which shall be counted as time worked, and which shall be arranged
at a convenient time as near as practicable to the middle of the shift.
(vii)
(1) In the case of absenteeism or other
emergency situation, an employee who is not usually engaged on an afternoon
shift basis, and who is required to work shift work on a temporary basis,
shall, in addition to the employee’s ordinary rate of pay, be paid one
thirty-eighth of the rate prescribed in subclause 14.5.1(iv), for each hour
worked on afternoon shift. Provided any time worked on any afternoon shift on
that day by an employee who had already completed a shift on that day shall be
paid for at the overtime penalty rates prescribed by the said clause 16 of this
award.
(2) An employee being recalled to work
overtime in accordance with subclause 14.5.1(vii)(1) after leaving the
employer's business premises shall be paid a minimum of four hours' work at the
appropriate overtime rate for each time the employee is so recalled.
(3) When an employee working overtime on a
shift in accordance with subclauses 14.5.1(vii)(1) or 14.5.1(vii)(2) for which
the employee has not been regularly rostered, finishes work at a time when the
employee’s usual or other reasonable means of transport are not available, the
employer shall provide the employee with conveyance to the employee’s home or
pay the employee’s ordinary wages for the time reasonably occupied in reaching
the employee’s home.
(viii) In relation to the matter of transfers
between afternoon shift and ordinary working hours, the employer shall give
preference to all employees who have notified in writing to the employer their
desire for such transfer.
Provided that the
employer shall be excused from the obligation to give preference in accordance
with this paragraph in the case of any particular vacant situation where the
employer has reasonable grounds to believe (and does believe) that the
employee(s) desirous of transfer are unsuitable for performing the duties of
that vacant position.
14.5.2 Employers the subject of this subclause are
listed below:
(NOTE: None listed
as at date of gazettal.)
14.5.3 Procedure to be followed by employers who
wish to be covered by this clause is as follows:
(i) An employer who wishes to employ
employees on a weekly afternoon basis shall write to the Secretary of the Union
seeking the agreement of the Union.
The Secretary of
the Union shall deal expeditiously with the request for shiftwork and if
agreement is reached shall confirm that agreement in writing to the employer.
15. Midday Meal Interval
15.1 An interval of not more than one hour and
not less than 30 minutes shall be allowed for the midday meal.
15.2 The meal interval shall be observed
between the hours of 11.30 a.m. and 2.00 p.m.
15.3 An employer shall be in breach of the
award if they allow an employee to perform any work during that employee's meal
time.
16. Overtime
16.1 All time worked by a weekly employee,
including a part-time employee, in excess of the employee’s normal number of
daily hours or outside the daily limits prescribed in clause 14, Hours of
Employment, shall be paid for at the rate of time and a half for the first
three hours and double time thereafter. Each day shall stand alone for the
purpose of calculating overtime and any overtime worked on any day of the week
shall be paid for on a daily basis.
16.2 An employee paid under any system of
payment by results, when working overtime, shall be paid, in addition to the
ordinary earnings paid under such system for work done in excess time, such sum
per hour as is equivalent to the award rate divided by 76. Provided that, for
work in excess of three hours' overtime on any day, the employee shall be paid,
in addition to ordinary earnings, such sum per hour as equivalent to the award
rate divided by 38.
16.3 Requirement to work reasonable overtime
16.3.1 Subject to paragraph 16.3.2 an employer may
require an employee to work reasonable overtime at overtime rates.
16.3.2 An employee may refuse to work overtime in
circumstances where the working of such overtime would result in the employee
working hours which are unreasonable.
16.3.3 For the purposes of paragraph 16.3.2 what is
unreasonable or otherwise will be determined having regard to:
(a) Any risk to employee health and safety;
(b) The employee’s personal circumstances
including any family and carer responsibilities;
(c) The needs of the workplace or
enterprise;
(d) The notice (if any) given by the employer
of the overtime and by the employee of his or her intention to refuse it;
(e) Any other relevant matter.
16.3.4 The Union shall not in any way, whether
directly or indirectly, be a party to or concerned in any ban, limitation or
restriction upon the working of overtime in accordance with this subclause.
16.4 No employee under the age of 16 years
shall be employed on overtime beyond 6.00 p.m.
16.5 An employee required to work for longer
than one and a half hours after the usual ceasing time shall be allowed at
least 30 minutes for a meal break. Provided that this provision shall not apply
to employees on any day where there is an early ceasing time, unless a total of
five and a half hours or more, inclusive of overtime, is to be worked following
the midday meal break.
16.6 An employee, other than an employee
subject to subclause 16.5, who is required to work overtime for more than one
hour beyond the ordinary ceasing time on any day, other than on a working day
of less than eight ordinary hours, shall be entitled to a rest period of ten
minutes paid for at the appropriate rate.
17. Meal Money
17.1 Subject to subclause 17.3, an employee
required to work overtime for more than one hour after the employee’s usual
ceasing time or beyond 6.00 p.m. (whichever is the later) on any day, Monday to
Friday inclusive, shall either be supplied with an adequate recognised evening
meal by the employer from an established canteen on the premises or paid as set
out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, in lieu thereof.
17.2 If the notice is given and overtime is not
worked (except as a result of a breakdown in machinery or plant) the tea money
prescribed herein shall be paid.
17.3 An employee who works under an arrangement
set in accordance with subclause 14.1.2 which provides for that employee to
cease ordinary hours of work early on a Friday, shall not be entitled to
receive a meal allowance or be supplied with an adequate meal pursuant to this
clause in respect of any period of overtime in excess of one hour carried out
on that Friday where such overtime is completed before 6.00 p.m. on that day.
18. Rest Period
18.1 Employees shall be entitled to two daily
rest periods, each of ten minutes, without loss of pay.
18.2 These rest periods must be taken between
the hours of 9.30 a.m. and 11.00 a.m., and 2.30 p.m. and 4.00 p.m., at the
discretion of the employer.
18.3 In the circumstances where a rest period
would otherwise occur after the cessation of an employee's daily work, such
rest period will occur prior to the cessation of work.
18.4 During such rest periods, employees may
leave their work stations but may not leave the premises.
19. Mixed Functions
19.1 The following conditions shall apply to an
employee engaged on time work and employed for various periods on duties
carrying a higher rate than the employee’s ordinary classification:
19.1.1 For two hours or less of one day, payment
shall be at the higher rate for the time so worked.
19.1.2 For more than two hours of one day, payment
shall be at the higher rate for such day.
19.1.3 For more than two days of a week, payment
shall be at the higher rate for the full week.
19.2 Where an employee engaged on time work is
employed on higher tasks than the employee is normally employed, the employer
shall keep an accurate record of the time worked by such an employee on each
class of work. In the absence of an
accurate record, the employee shall be entitled to the higher rate of pay for
the whole of the week.
20. Terms of Engagement
20.1 Method of Engagement - Subject to the
provisions of this award, employees may be engaged either on a weekly
(including part-time) or a casual basis.
20.2 Termination of Employment -
20.2.1 Notice of termination by employer -
(i)
(1) In order to terminate the employment of
an employee, the employer shall give to the employee the following notice
(except where the employment is terminated in accordance with subclause
20.2.1(i)(2)):
Period of Continuous Service
|
Period of Notice
|
1 year or less
|
1 week
|
Over 1 year and up to
the completion of 3 years
|
2 weeks
|
Over 3 years and up
to the completion of 5 years
|
3 weeks
|
Over 5 years
|
4 weeks
|
(2) Where an employer terminates the
employment of an employee for reasons arising from "technology" in
accordance with subclause 53.1.1, and that employer employs more than 15
employees immediately prior to the termination of employment, the employer
shall give to the employee three months' notice of termination. (This period of
notice 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.)
(ii) In addition to the notice in subclause
20.2.1(i), employees over 45 years of age at the time of the giving of the
notice, with not less than two years' continuous service, shall be entitled to
an additional week's notice (except where the employment is terminated in
accordance with subclause 20.2.1(i)(2)).
(iii) Payment in lieu of the notice prescribed
in subclauses 20.2.1(i) and/or 20.2.1(ii), shall be made if the appropriate
notice period is not given. Provided that employment may be terminated by part
of the period of notice specified and part payment in lieu thereof.
(iv) In calculating any payment in lieu of
notice, the wages an employee would have received in respect of the ordinary
time the employee would have worked during the period of notice, had the
employee’s employment not been terminated, shall be used.
(v) The period of notice in this clause shall
not apply in the case of dismissal for conduct that justifies instant
dismissal, or in the case of casual employees, apprentices, or employees
engaged for a specific period of time or for a specific task or tasks.
(vi) For the purpose of this clause notice
given not later than 10.00 a.m. on any day shall be regarded as a full day's
notice, otherwise a further day's notice is required.
(vii) For the purposes of this clause, continuity
of service shall be calculated in the manner prescribed by 21.4, Calculation of
Continuous Service, of clause 21, Annual Leave.
(viii) When employment is terminated by an
employer, the employer shall, upon the date of such termination, pay to the
employee (weekly or piece worker) all monies due to him or her. When employment
is terminated by an employee in accordance with the terms of this award the
employer shall, upon the date of termination, pay the employee (weekly or piece
worker) all monies due to him or her. Monies due shall include a payment in
lieu for any time which may have accrued in accordance with an arrangement
pursuant to 14.1.2, Hours of Employment.
(ix) An employee shall not be given notice or
dismissed, except for misconduct, whilst legitimately absent from duty on
accrued sick leave or on annual leave, and the days on which an employee is
absent from duty on account of such sick leave or annual leave shall not be
counted as within a working week's notice for the purpose of this award,
unless, in the case of sick leave, an employee had been given notice prior to
the employer being informed that paid sick leave was to be taken. Alternatively,
an employee shall not be entitled to give an employer notice while absent on
account of paid sick leave and paid annual leave.
(1) 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 the monies due to the
employee with a maximum amount equal to the ordinary time rate of pay for the
period of notice. Provided that where an employee, employer and the Union
agree, the employee may be released prior to the expiry of the notice period,
with payment of wages to the date of termination only.
(2) Time Off During Notice Period - Where an
employer has given notice of termination to an employee, the 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.
(3) 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.
(4) Summary Dismissal - The provisions of
this clause shall not affect the right of an employer to dismiss any employee
without notice for conduct that justifies instant dismissal, including
malingering, inefficiency or neglect of duty. Where an employee is so dismissed
payment shall be made from time actually worked to the time of dismissal.
(5) Unfair Dismissals - Termination of
employment by an employer shall not be harsh, unjust or unreasonable.
For the purposes
of this clause, termination of employment shall include terminations with or
without notice.
Without limiting
the above, except where a distinction, exclusion or preference is based on the
inherent requirements of a particular position, termination on the ground of
race, colour, sex, marital status, family responsibilities, pregnancy,
religion, political opinion, national extraction and social origin shall
constitute a harsh, unjust or unreasonable termination of employment.
(6) Transmission of Business -
(A) Where a business is, before or after the
date of this award, transmitted from an employer (in this subclause called
"the transmittor") to another employer (in this subclause called
"the transmittee"), and an employee who at the time of such
transmission was an employee of the transmittor in that business becomes an
employee of the transmittee:
(1) the continuity of the employment of the
employee shall be deemed not to have been broken by reason of such
transmission; and
(2) the period of employment which the
employee has had with the transmittor or any prior transmittor shall be deemed
to be service of the employee with the transmittee.
(B) In this subclause "business"
includes trade, process, business or occupation and includes part of any such
business, and "transmission" includes transfer, conveyance,
assignment or succession whether by agreement or by operation of law and
"transmitted" has a corresponding meaning.
20.3 Other Terms of Employment -
20.3.1 In the event of the work of the factory or
section of the factory or workshop being stopped by a breakdown of machinery or
for any cause for which the employer cannot reasonably be held responsible
other than on account of lack of orders and/or a shortage of material, all
weekly hands who present themselves for work shall be found work for that day
or paid one day's wages in lieu thereof.
However, an employer may, when such causes occur, give notice to an employee
that their services will not be required on the following day or days, and the
employee shall not be entitled to any further payment in respect of any further
days that they are out of employment by reason of such causes.
Provided that, for
any day upon which an employee cannot be usefully employed because of any
strike or lockout by any persons whatsoever, or any failure or lack of power
arising away from the premises of the employer, or any restriction or shortage
of power for which an employer cannot justly be held responsible, all weekly
employees who are required to attend for work and do so attend on that day
shall be paid a minimum of two hours' pay at ordinary rates. If required to
perform work or remain at work for longer than two hours, payment shall be made
at ordinary rates for all time standing by and time worked.
20.3.2 During the first two weeks of employment, the
services of an employee may be terminated by the giving of one hour's notice by
either the employer or the employee, or by the payment or forfeiture of one
hour's pay in lieu of notice. Provided that, after the first day and during the
balance of the first two weeks of an employment, where on any day the employer
terminates the services of an employee other than for malingering, neglect of
duty or misconduct, the employer shall be required to pay the employee not less
than a day's pay for that day.
20.3.3 No employee shall, without just cause, be
absent from their employment during the prescribed hours whilst there is work
ready to be done by them, and the employee must be available, ready and willing
to work on the days and during the hours fixed by this award.
20.3.4 An employee not attending for duty shall,
except as provided in clause 23, Sick Leave, lose their pay for the actual time
of such non attendance.
20.3.5 Where at least 90 per cent of the employees
in a factory, workshop or section reach agreement with an employer, and with
the assent of the Union, to take a period of leave of absence without pay on
the working day before or after a public holiday, the employer shall be
entitled to stand down without pay for that day the remaining employees in such
factory, workshop or section.
20.3.6 Payment of Wages - Subject to 32.2.5,
Outworkers, which sets out the requirements for the payment of wages to
outworkers, employees shall be paid in full all wages due to them during the
ordinary working hours not later than two working days following the
termination of the working week. Provided, however, that where at least 50 per
cent of the employees in a factory, workshop or section agree, and with the
consent in writing of the Secretary of the Union, payment in full of all wages
due may be made in the form of a cash transfer to the employee's nominated
account. Such transfer shall occur not later than during the forenoon of the
second working day following the termination of the working week. Provided that
where there are circumstances of genuine hardship caused by this method of
payment the employer shall pay the wages due to the particular employee in
cash.
Where an
arrangement is made on the basis that ordinary working hours shall average 38
per week over a particular work cycle, wages may be paid on the basis of 38
ordinary hours worked in each week even though in some weeks during that cycle,
the ordinary working hours may be more or less than 38 hours.
On or prior to pay
day the employer shall state in writing to each employee details of the payment
to which the employee is entitled, the amount of each deduction made therefrom
and the net amount being paid to the employee.
20A. Deduction of Union Membership Fees
20A.1 The employer shall deduct Union membership
fees (not including fines or levies) from the pay of any employee, provided
that
20A.1.1 the employee has authorised the
employer to make such deductions in accordance with subclause 20A.2 herein;
20A.1.2 the Union shall advise the employer
of the amount to be deducted for each pay period applying at the employer's
workplace and any changes to that amount;
20A.1.3 deduction of union membership fees
shall only occur in each pay period in which payment has or is to be made to an
employee; and
20A.1.4 there shall be no requirement to
make deductions for casual employees with less than two months' service
(continuous or otherwise).
20A.2 The employee's authorisation shall be in
writing and shall authorise the deduction of an amount of Union fees (including
any variation in that fee effected in accordance with the Union's rules) that
the Union advises the employer to deduct.
Where the employee passes any such written authorisation to the Union,
the Union shall not pass the written authorisation on to the employer without
first obtaining the employee's consent to do so. Such consent may form part of
the written authorisation.
20A.3 Monies so deducted from employees' pay shall
be remitted to the Union on either a weekly, fortnightly, monthly or quarterly
basis at the employer's election, together with all necessary information to
enable the reconciliation and crediting of subscriptions to employees'
membership accounts, provided that:
20.A.3.1 where the employer has elected to
remit on a weekly or fortnightly basis, the employer shall be entitled to
retain up to five per cent of the monies deducted; and
20.A.3.2 where the employer has elected to
remit on a monthly or quarterly basis, the employer shall be entitled to retain
up to 2.5 per cent of the monies deducted.
20A.4 Where an employee has already authorised the
deduction of Union membership fees in writing from his or her pay prior to this
clause taking effect, nothing in this clause shall be read as requiring the
employee to make a fresh authorisation in order for such deductions to commence
or continue.
20A.5 The Union shall advise the employer of any
change to the amount of membership fees made under its rules, provided that
this does not occur more than once in any calendar year. Such advice shall be
in the form of a schedule of fees to be deducted specifying either weekly,
fortnightly or monthly as the case may be. The Union shall give the employer a
minimum of two months' notice of any such change.
20A.6 An employee may at any time revoke in writing
an authorisation to the employer to make payroll deductions of Union membership
fees.
20A.7 Where an employee who is a member of the Union
and who has authorised the employer to make payroll deductions of Union
membership fees resigns his or her membership of the Union in accordance with
the rules of the Union, the Union shall inform the employee in writing of the
need to revoke the authorisation to the employer in order for payroll
deductions of union membership fees to cease.
21. Annual Leave
21.1 Period of Leave - A period of 28
consecutive days' leave shall be allowed annually to an employee, other than a
casual or part-time employee, after 12 months continuous service (less the
period of annual leave).
21.2 Annual Leave Exclusive of Public Holidays
- The annual leave prescribed by this clause shall be exclusive of any of the
holidays prescribed by clause 28, Holidays.
If any such holiday falls within an employee's period of annual leave
and is observed on a day which, in the case of that employee, would have been
an ordinary working day, an amount equivalent to the ordinary time which the
employee would have worked if such day had not been a holiday shall be added to
the period of annual leave.
Where an employee
without reasonable cause, proof whereof shall lie upon the employee, is absent
from their employment on the working day or part of the working day prior to
the commencement of their annual leave, and fails to resume work at their
ordinary starting time on the working day immediately following the last day of
the period of their annual leave, the employee shall not be entitled to payment
for the public holidays which fall within the employee’s period of annual
leave.
21.3 Broken Leave - The annual leave shall be
given and taken in one or two continuous periods.
If the annual
leave is given in two continuous periods, then one of those two periods must be
of at least 12 working days, exclusive of public holidays.
Provided that if
the employer and an employee so agree, then the employee’s annual leave
entitlement may be given and taken in three separate periods.
21.4 Calculation of Continuous Service - For
the purpose of this clause, service shall be deemed to be continuous
notwithstanding:
21.4.1 any interruption or termination of employment
by the employer, if such interruption or termination has been made merely with
the intention of avoiding the employer's obligations hereunder in respect of
leave of absence;
21.4.2 any absence from work on account of personal
sickness or accident or on account of leave granted by the employer or absence
due to long service leave. Provided
that any continuous period of unpaid leave in excess of four weeks shall not be
deemed to be service for the calculation of annual leave; or
21.4.3 any absence with reasonable cause, proof
whereof shall be upon the employee.
In cases of
personal sickness or accident or absence with reasonable cause - For the
employee to become entitled to the benefit of this subclause they shall inform
the employer in writing, if practicable, within 48 hours of the commencement of
such absence, of their inability to attend for duty and as far as practicable
the nature of the illness, injury or cause and the estimated duration of their
absence. A notification given by an employee pursuant to clause 23, Sick Leave,
shall be accepted as a notification under this subclause.
Any absence from
work by reason of any cause, not being a cause specified in this subclause,
shall not be deemed to break the continuity of service for the purposes of this
clause unless the employer, during the absence or within fourteen days of
termination of the absence, notifies the employee in writing that such absence
will be regarded as having broken the continuity of service.
In cases of
individual absenteeism, such notice shall be given in writing to the employee
concerned by delivering it to the employee personally or by posting it by
registered or certified mail to the employee’s last recorded address, in which
case it will be deemed to have reached the employee in due course of post.
In cases of
concerted or collective absenteeism, notice may be given to employees by the
posting up of a notification in the factory in the manner in which general
notifications to employees are usually made in the factory and by posting to
each union whose members have participated in such concerted or collective
absenteeism a copy thereof not later than the day it is posted up in the
factory.
In calculating the
period of twelve months' continuous service, any such absence as aforesaid
(other than long service leave) shall not, except to the extent of not more
than 25 days in a twelve-month period in the case of sickness or accident, be
taken into account in calculating the period of twelve months' continuous
service.
21.5 Calculation of Service - Service before
the date of this award shall be taken into consideration for the purpose of calculating
annual leave. However, an employee
shall not be entitled to leave or payment in lieu thereof for any period in
respect of which leave or a payment in lieu thereof has been allowed or made
under the award hereby superseded. The
annual leave shall be allowed at the rate of twelve and two-thirds hours for
each completed month of continuous service.
The period of annual leave to be allowed under this subclause shall be
calculated to the nearest day, with any broken part of a day in the result not exceeding
half a day to be disregarded.
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.
21.6 Calculation of Month - For the purpose of
this clause the first completed month of service shall be reckoned as
commencing with the beginning of the first working day of an engagement and as
ending on a corresponding day so as to ensure that the employee concerned has
completed four weeks of working time or time regarded as working time with an
employer.
21.7 Leave to be Taken - The annual leave
provided for by this clause shall be allowed and shall be taken and, except as
provided by 21.11 and 21.12, payment shall not be made or accepted in lieu of
annual leave.
21.8 Time of Taking Leave - Subject to the
provisions of 21.3, 21.9, 21.11 and 21.12, 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 and after at least three months'
notice to the employee. Provided that where the leave is taken in two or three
periods, the first period shall be taken within a period not exceeding three
months, and the balance shall be taken not later than six months from the date
when the right to leave accrued or 30 September next following, whichever is
the later.
21.9 Leave Allowed before Due Date -
21.9.1 An employer may allow an employee
who so agrees to take annual leave either wholly or partly in advance. In such case a further period of annual
leave shall not commence to accrue until after the expiration of the twelve
months in respect of which the annual leave or part thereof had been taken.
21.9.2 Where annual leave or part
thereof has been granted pursuant to 21.9.1, before the right to annual leave
has accrued, and the employee subsequently leaves or is discharged from the
service of the employer before completing the twelve months' continuous service
in respect of which the leave was granted, and the amount paid by the employer
to the employee for the annual leave or part so taken in advance exceeds the
amount which the employer is required to pay the employee under 21.11 of this
clause, the employer shall not be liable to make any payment to the employee
under 21.11, and shall be entitled to deduct the amount of excess from any
remuneration payment to the employee upon the termination of employment.
21.10 Payment for Period of Leave -
21.10.1 Each employee before going on leave
shall be paid all wages which would normally become due and payable during the
period of leave. For the purposes of
21.11, wages shall, subject to the provisions hereinafter contained, be at the
rate prescribed by clauses 6, Rates of Pay, and 9, Apprentices or Improvers -
Rates of Pay, for the occupation in which the employee was ordinarily employed
immediately prior to the commencement of the employee’s leave or the
termination of the employee’s employment, as the case may be.
21.10.2 An employee who is not working
under an incentive scheme based on production but who is receiving a weekly
overaward payment shall be entitled to receive the whole of such weekly
overaward payment for each week of annual leave to which they are entitled.
Provided that all amounts paid in respect of overtime, shift work or penalty
rates shall be excluded. Provided further that the overaward payment shall not
apply where the employee receives pro rata payment in lieu of annual leave on
termination of employment with less than twelve months' service in any twelve-month
qualifying period for annual leave, except in cases where an employee with more
than six months' service with an employer is terminated by that employer other
than for misconduct or where an employee terminates during the year on account
of personal illness, substantiated by a medical certificate, or where an
employee terminates on the day that the factory closes down for annual leave.
Where an employee
has accrued a full entitlement to annual leave after a qualifying twelve-month
period of service and their employment ceases for any reason before the whole
or any part of such leave entitlement has been taken, the weekly overaward
payment referred to in this paragraph shall apply in respect to that full
entitlement or any remaining portion thereof.
21.10.3 Payment in the case of an employee
under any system of payment by results shall be at the time rate, provided
that:
(i) When taking annual leave the employee,
for the purpose of paid leave, shall, for each week or part thereof of annual
leave to which the employee is entitled, receive an additional payment based on
the average weekly incentive payment earned in excess of the appropriate award
wage for the classification concerned. The average shall be calculated on a
forty-week qualifying period and applied to ordinary hours only in respect of
any incentive scheme based on production during the "qualifying period of
employment" in each year.
(ii) The "qualifying period of
employment" means -
(1) In the case of an employee taking annual
leave at Christmas, the period of 40 consecutive weeks commencing with the
first pay period in February. If annual leave is taken in two or three periods
the same average additional payment for the first period shall also apply to
the second and/or third period.
(2) In the case of an employee taking annual
leave at any other time, the first 40 consecutive weeks in the twelve months
immediately preceding the date of the taking of annual leave.
(3) Where an employee is not employed during
the whole of the "qualifying period" the employee shall still be
eligible for such additional payment but the average incentive payments earned
shall be calculated on the period of employment falling within the said 40
consecutive weeks.
(iii) In the case of an employee absent on long
service leave during any "qualifying period of employment" both the
period of such leave and the payment in respect thereof shall be excluded from
the calculation of average incentive payments earned.
(iv) Payment of any bonus or incentive in
respect of "unrated work" shall be regarded as payment in respect of
an incentive scheme for the purpose of 21.10.3(i).
(v) In calculating the average incentive
payments earned, all amounts paid in respect of overtime, shift work or penalty
rates shall be excluded.
(vi) The additional payment as specified in
21.10.3(i) shall not apply to employees receiving pro rata payment in lieu of
annual leave on termination of employment with less than twelve months' service
in any twelve-month qualifying period for annual leave, except in the case
where an employee with a total of 6 months' service with an employer is
terminated by that employer, other than for misconduct, or where an employee
terminates during the year on account of personal illness, substantiated by a medical
certificate, or where an employee terminates on the day that the factory closes
down for annual leave.
Where an employee
has accrued a full entitlement to annual leave after a qualifying twelve-month
period of service, and their employment ceases for any reason before the whole
or any part of such leave entitlement has been taken, the additional payment
referred to in 21.10.3(i) shall apply in respect of that full entitlement or
any remaining portion thereof.
21.10.4 Loading on Annual Leave - During a
period of annual leave (including any period of leave allowed before due date)
an employee shall receive a loading calculated on the award rate of wage
prescribed by clauses 6, Rates of Pay, and 9, Apprentices or Improvers - Rates
of Pay, for the occupation in which the employee was ordinarily employed
immediately prior to the commencement of the employee’s leave.
This loading,
applicable to both time workers and payment by results workers, shall be as
follows:
(i) Employees on Day Work - An employee who
would have worked on day work had the employee not been on leave shall receive
a loading of 17.5 per cent.
(ii) Employees on shift work - An employee
who would have worked on shift work had the employee not been on leave shall
receive a loading of 17.5 per cent.
Provided that
where the employee would have received a shift loading prescribed by 14.4 and
14.5, Hours of Employment, had the employee not been on leave during the
relevant period and such shift loading would have entitled the employee to a lesser
amount than the loading of 17.5 per cent, then such loading of 17.5 per cent
shall be added to the award rate of wage prescribed herein in lieu of the shift
loading.
The loading
prescribed by this paragraph is payable when services terminate in the following
circumstances and not otherwise:
(1) in respect of any untaken part of a full
entitlement to annual leave for which payment in lieu is made;
(2) in respect of any uncompleted
twelve-month period for which proportionate leave on termination is payable, if
services are terminated by the employer for reasons other than malingering,
inefficiency, neglect of duty or misconduct, after 25 August in any year, or in
the case of an employee who would not normally be taking any annual leave over
the Christmas/New Year period if such termination by the employer is within
four calendar months of the date the employee would normally have taken the
employee’s annual leave; or
(3) in respect of any employee entitled to
payment pursuant to 21.11.3.
21.11 Proportionate Leave -
21.11.1 If after one month's continuous
service in any qualifying twelve-month period an employee leaves their
employment or is discharged for malingering, inefficiency, neglect of duty or
misconduct, they shall be paid at their ordinary rate of wage for twelve and
two- thirds hours in respect of each completed month of continuous service with
the employer as from the commencement of the employment and the service shall
be service for which leave has not already been granted.
21.11.2 If after one month's continuous
service in any part of a qualifying twelve-month period an employee is
terminated by the employer except for malingering, inefficiency, neglect of
duty or misconduct, the employee shall be paid for leave for 2.923 hours for
each completed week of continuous service with the employer, the service being
service in respect of which leave has not already been granted.
21.11.3 If during the second or any
subsequent year of an employee's continuous service with an employer their
service terminates for any reason at the close of business on the day on which
the plant or that section thereof in which such employee is employed closes for
the December annual close down and the employee was involved in a similar close
down in the December of the previous year, then such employee shall be paid on
termination the equivalent of four weeks' annual leave pay in respect of
continuous service during the then current calendar year. Provided that such employee had not
previously been allowed any annual leave in respect of service during that
calendar year. Where any period of
leave had already been allowed in respect of such service, the employee's
entitlement upon termination shall be the difference between four weeks and the
period so allowed. Any payment made pursuant to this paragraph shall be in
substitution for and not cumulative upon any entitlement which would otherwise
have arisen pursuant to 21.11.1 and 21.11.2 in respect of service during the
then current calendar year. In addition, the employee shall be paid the annual
leave loading prescribed by 21.10.4 applicable to the quantum of leave for
which payment in lieu is to be made upon termination pursuant to this
paragraph. In calculating the period of continuous service as aforementioned, reference
should be made to subclause 21.4.
21.11.4 For the purposes of this subclause
the rate of wage shall be calculated in accordance with 21.10.1, 21.10.2 and
21.10.3.
21.12 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 shall apply:
21.12.1 The employer may, by giving at
least three months' notice of their intention so to do, stand off for the
duration of the closedown all employees in the plant or section or sections
concerned and allow to those who are not then qualified for a full entitlement
to annual leave paid leave on a proportionate basis of 2.923 hours for each
completed week of continuous service, subject to and then including the initial
qualifying period of one month of continuous service with the employer.
Provided that where in any establishment a ballot indicates that at least 75
per cent of employees agree, and with the consent of the union, the period of
closedown may be extended and all employees stood down without pay for a
further period of not more than two days.
21.12.2 An employee who has then qualified
for a full entitlement to annual leave for twelve months' continuous service
pursuant to 21.1, and has also completed a further week or more of continuous
service shall be allowed the employee’s leave and shall, subject to 21.5, also
be paid for 2.923 hours in respect of each completed week of continuous service
performed since the close of the employee’s last twelve-month qualifying
period.
21.12.3 Except where annual leave is
allowed before the due date in accordance with 21.12.1, the next twelve-month
qualifying period for each employee affected by such close down shall commence
from the day on which the plant or section concerned is re-opened for work.
Provided that all time during which an employee is stood down without pay for
the purposes of this subclause shall be deemed to be time of service in the
next twelve-month qualifying period.
21.12.4 If, in the first year of the
employee’s service with an employer, an employee who is allowed proportionate
leave under 21.12.1 subsequently within such year leaves their employment or
their employment is terminated by the employer, they shall be entitled to the
benefit of 21.11, subject to adjustment for any proportionate leave which the
employee may have been allowed.
21.13 An outdoor worker subject to the qualifying
period of one month's continuous service shall be paid on termination of
employment or, when taking annual leave an amount equal to one-twelfth of the
employee’s total earnings for that period of employment in respect of which
leave has not already been granted.
When taking annual
leave there shall be added to the aforementioned amount a loading of 17.5 per
cent. Provided, however, that the monetary amount of such loading shall not
exceed the amount which an ordinary weekly employee in the same classification
would receive by way of an annual leave loading in respect of the same period
of employment.
21.14 Proportionate payment for annual leave shall
be made by an employer in respect of each completed month of continuous service
when the employee leaves their employment or, in accordance with 21.11.2, where
an employee is terminated by the employer before the completion of any twelve-
month qualifying period under this clause. Payment shall be made on the
employee so leaving or on their employment being so terminated, as the case may
be.
21.15 An employer may close down the plant or
section thereof in two periods, for the purpose of granting annual leave.
Provided that the longer of the two periods of leave shall be at least twelve
working days exclusive of public holidays.
Such longer period shall be granted by the employer during the
December-January period unless otherwise agreed in writing by the employer and
the Secretary of the union or, in the event of a dispute, as decided by the
Industrial Relations Commission of New South Wales. Provided that the employer
may close down the plant or section thereof in three separate periods, subject
only to the following conditions:
21.15.1 That at least 75 per cent of the
employees in the plant as a whole or a section thereof, as the case may be,
mutually agree with an employer on three separate periods of leave and mutually
agree upon the date when the third closure is to be made. An employer in
conjunction with an accredited representative of the Union may seek such an
agreement with their employees in the plant as a whole or a section thereof, as
the case may be, by means of secret ballot and not otherwise.
21.15.2 That the employees concerned be
given at least three months' notice of the proposed closures.
21.15.3 That the longest of the three
periods of leave shall be at least twelve days exclusive of public holidays.
21.15.4 That the second and/or third
closedown period shall take place not later than 30 September, in the year
following the first close down period.
21.15.5 Subject to the special provisions
contained in this subclause, all other provisions of the annual leave clause
shall apply in respect to the obligations and rights of employers and
employees.
22. Trade Union Training Leave
22.1 Subject to 22.2, a Union delegate or elected
employee work place representative shall, upon application in writing, be
granted up to five days' leave with pay each calendar year, non-cumulative, to
attend courses conducted or approved by the Australian Trade Union Training
Authority which are designed to promote good industrial relations and
industrial efficiency within the clothing industry.
This notice to the
employer must include details of the type, content and duration of the course
to be attended.
22.2 Employers may approve leave in accordance
with this clause, subject to the following limitations:
22.2.1 Where the employer employs up to and
including 49 employees in a workplace, 5 union delegates or elected workplace
representatives may be granted 5 days' leave per calendar year.
22.2.2 Where the employer employs between 50 and 150
employees inclusive in a workplace, 10 union delegates or elected work place
representatives may be granted 5 days' leave per calendar year.
22.2.3 Where the employer employs 150 or more
employees in a workplace, 15 union delegates or elected workplace
representatives may be granted 5 days' leave per calendar year.
22.2.4 The numbers contained in this clause may be
varied by mutual agreement between the Union and an employer.
22.3 The granting of such leave shall be
subject to the employee or the Union giving at least one calendar month's
notice of the intention to attend such course, or such lesser period as may be
agreed between the employer, the Union and the employee concerned.
Provided that the
taking of such leave shall be arranged so as to minimise any adverse effect on
the employer's operations.
22.4 Leave of absence granted pursuant to this
clause shall count as service for all purposes.
22.5 Each employee on leave approved in
accordance with this clause shall be paid all ordinary time earnings which
normally become due and payable during the period of the leave, such wages to
be calculated in accordance with 21.10, Annual Leave.
22.6 All expenses (such as travel,
accommodation and meals) associated with or incurred by the employee attending
a training course during leave approved pursuant to this clause shall be the
responsibility of the employee or the Union unless otherwise agreed between the
employer, the Union and the employee concerned.
22.7 Should an employee granted leave pursuant
to this clause fail to attend the nominated course, the employer shall be
notified by the Union as soon as practicable, and no payment is to be made by
the employer in respect of leave for the employee concerned.
22.8 In the event that a scheduled rostered day
off resulting from a work arrangement established in accordance with clause 14,
Hours of Employment, falls within a period of leave approved pursuant to this
clause, no alternative day shall be substituted in lieu.
22.9 Employees granted leave pursuant to this
clause shall inform their employer after the completion of the course of the
nature of the course and their observations on it.
23. Sick Leave
A weekly employee and a
part-time employee (to the extent specified) who is absent from work on account
of personal illness or on account of injury shall be entitled to leave of
absence without deduction of pay, subject to the following conditions and
limitations -
23.1 The employee shall not be entitled to paid
leave of absence unless the employee has been in the service of the employer
concerned for at least one month immediately prior to such absence.
23.2 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.
23.3 The employee shall, no later than the
working day following 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 illness or injury and the estimated duration of the absence.
23.4 In the case of an employee employed
subject to 14.1, Hours of Employment, that employee shall, prior to the
commencement of work or as soon as it is reasonably practicable and during the
ordinary hours of the first day or shift, inform the employer of the employee’s
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. If it is not
reasonably practicable to inform the employer during the ordinary hours of the
first day or shift of such absence the employee shall inform the employer
within 24 hours of the commencement of the absence.
23.5 The employee shall prove to the
satisfaction of the employer 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. For such purpose the employer may require the employee to make a
statutory declaration or produce other reasonable evidence which is satisfactory
to the employer, justifying the cause of absence.
23.6
23.6.1 An employee shall be entitled to paid leave
of absence for not more than 38 hours of working time owing to such ill health
or injury during their first sick leave year of continuous service with an
employer. Such sick leave year shall be as defined in 23.12.
Provided that an
employee, after one month's continuous service, shall only be entitled to paid
sick leave proportionate to the period of employment from the date of
engagement until 31 December next following calculated on the basis of 3.17
hours ordinary pay for each complete month or part thereof. If such employee
subsequently leaves their employment of their own accord other than on account
of personal illness substantiated by a medical certificate or is dismissed for
misconduct the employer may deduct from any monies due to the employee an
amount equivalent to the value of any paid sick leave allowed in excess of that
to which the employee would be entitled if calculated on the basis of 3.17
hours ordinary pay for each completed month of service or part thereof.
23.6.2 The employee shall be entitled during the
second sick leave year of continuous service with an employer to paid leave of
absence for not more than 46 hours of working time, subject to any accumulated
leave to which the employee may be entitled in accordance with 23.9.
23.6.3 The employee shall be entitled during the
third or subsequent sick leave year of continuous service with an employer to
paid leave of absence for not more than 61 hours of working time, subject to
any accumulated leave to which the employee may be entitled in accordance with
23.9.
23.7 An employee under any system of payment by
results entitled to paid leave of absence under this clause shall be paid at
the time work rate applicable to the classification. The time work rate "applicable to the classification"
is the award rate applicable to that classification defined in 6.1, Rates of
Pay.
23.8 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 has the same day number as the commencing day. If there be no such day in the subsequent
month, it shall be reckoned as ending at the end of the subsequent month.
23.9 For the purpose of this clause, where an
employee is terminated by the employer and is re-employed by that employer
within a period not exceeding three months, the service with the employer
immediately prior to the dismissal shall be taken into account in calculating
the employee's entitlement to sick leave. That is to say, the employee's
entitlement to sick leave shall be calculated as though their period of service
has been continuous, and any sick leave credits accrued to the employee at the
time of termination shall not be affected to the detriment of the employee.
23.10 Cumulative Sick Leave - Sick leave shall
accumulate from year to year and may be claimed by the employee and, shall be
allowed by the employer in a subsequent year without diminution of the sick
leave prescribed in respect of that year. Provided that sick leave which
accumulated pursuant to this subclause shall be available to the employee for a
period of eight years but not longer from the end of the year in which it
accrues.
23.11 For the purpose only of sick leave
entitlements provided in this clause, and where a clothing industry business is
transmitted from an employer to another employer and a worker who at the time
of such transmission was an employee of the transmittor in that business
becomes an employee of the transmittee within two weeks of such transmission:
23.11.1 the continuity of the employment of
the employee shall be deemed not to have been broken by reason of such
transmission;
23.11.2 the period of employment which the
employee has had with the transmittor or any prior transmittor shall be deemed
to be employment of the employee with the transmittee;
23.11.3 "transmission", for the
purpose of this subclause, includes transfer, conveyance, assignment or
succession (whether by agreement or by operation of law) and
"transmitted" has a corresponding interpretation.
23.12 For the purpose of this clause, a year shall
be deemed to be from the first day of January to the 31st day of December
inclusive.
23.13 Sickness on Rostered Day Off - Where an
employee is absent on account of illness or injury on the weekday they are to
take off in accordance with an arrangement pursuant to 14.1.2, Hours of
Employment, the employee shall not be entitled to sick pay nor shall the
employee’s sick pay entitlement be reduced as a result of their absence on that
day.
24. Personal/Carer's Leave
24.1 Use of Sick Leave -
24.1.1 An employee, other than a casual employee, with
responsibilities in relation to a class of person set out in 24.1.3(ii) who
needs the employee’s care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement, provided
for at clause 23, 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
24.1.2 The employee shall, if required,
(1) establish either by production of a
medical certificate or statutory declaration, the illness of the person
concerned and that the illness is such as to require care by another person, or
(2) establish by production of documentation
acceptable to the employer or a statutory declaration, the nature of the
emergency and that such emergency resulted in the person concerned requiring
care by the employee.
In normal
circumstances, an employee must not take carer's leave under this subclause
where another person had taken leave to care for the same person.
24.1.3 The entitlement to use sick leave in
accordance with this subclause is subject to:
(i) the employee being responsible for the
care of the person concerned; and
(ii) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(3) a child or an adult child (including an
adopted child, a step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(5) a relative of the employee who is a
member of the same household, where for the purposes of this subparagraph:
(A) "relative" means a person
related by blood, marriage or affinity;
(B) "affinity" means a relationship
that one spouse because of marriage has to blood relatives of the other;
(C) "household" means a family group
living in the same domestic dwelling.
24.1.4 An employee shall, wherever practicable, give
the employer notice prior to the absence of the intention to take leave, the
name of the person requiring care and that person's relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
Note: In the
unlikely event that more than 10 days sick leave in any year is to be used for
caring purposes the employer and employee shall discuss appropriate
arrangements which, as far as practicable, take account of the employer’s and
employee’s requirements.
Where the parties
are unable to reach agreement the disputes procedure at clause 4, Dispute
Settlement Procedure, should be followed.
24.2 Unpaid Leave for Family Purpose -
24.2.1 An employee may elect, with the consent of
the employer, to take unpaid leave for the purpose of providing care and
support to a class of person set out in 24.1.3(ii) above who is ill or who
requires care due to an unexpected emergency.
24.3 Annual Leave -
24.3.1 An employee may elect, with the consent of
the employer to take annual leave not exceeding ten days in single-day periods,
or part thereof, in any calendar year at a time or times agreed by the parties.
24.3.2 Access to annual leave, as prescribed in
24.3.1, shall be exclusive of any shutdown period provided for elsewhere under
this award.
24.3.3 An employee and employer may agree to defer
payment of the annual leave loading in respect of single day absences, until at
least five consecutive annual leave days are taken.
24.3.4 An employee may elect with the employers
agreement to take annual leave at any time within a period of 24 months from
the date at which it falls due.
24.4 Time Off in Lieu of Payment for Overtime -
24.4.1 An employee may elect, with the consent of
the employer, to take time off in lieu of payment for overtime at a time or
times agreed with the employer within 12 months of the said election.
24.4.2 Overtime taken as time off during ordinary
time hours shall be taken at the ordinary time rate, that is an hour for each
hour worked.
24.4.3 If, having elected to take time as leave in
accordance with 24.4.1, the leave is not taken for whatever reason payment for
time accrued at overtime rates shall be made at the expiry of the 12 month
period or on termination.
24.4.4 Where no election is made in accordance with
24.4.1, the employee shall be paid overtime rates in accordance with the award.
24.5 Make-up Time -
24.5.1 An employee may elect, with the consent of
the employer, to work "make-up time", under which the employee takes
time off ordinary hours, and works those hours at a later time, during the
spread of ordinary hours provided in the award, at the ordinary rate of pay.
24.5.2 An employee on shift work may elect, with the
consent of the employer, to work "make-up time" (under which the
employee takes time off ordinary hours and works those hours at a later time),
at the shift work rate which would have been applicable to the hours taken off.
24.6 Rostered Days Off -
24.6.1 An employee may elect, with the consent of
the employer, to take a rostered day off at any time.
24.6.2 An employee may elect, with the consent of
the employer, to take rostered days off in part day amounts.
24.6.3 An employee may elect, with the consent of
the employer, to accrue some or all rostered days off for the purpose of
creating a bank to be drawn upon at a time mutually agreed between the employer
and employee, or subject to reasonable notice by the employee or the employer.
24.6.4 This subclause is subject to the employer
informing each union which is both party to the award and which has members
employed at the particular enterprise of its intention to introduce an
enterprise system of RDO flexibility, and providing a reasonable opportunity
for the union(s) to participate in negotiations.
24.7 Personal Carers Entitlement for casual
employees -
(1) Subject to the evidentiary and notice
requirements in 24.1.2 and 24.1.4 casual employees are entitled to not be
available to attend work, or to leave work if they need to care for a person
prescribed in subclause 24.1.3(ii) of this clause who are sick and require care
and support, or who require care due to an unexpected emergency, or the birth
of a child.
(2) The employer and the employee shall
agree on the period for which the employee will be entitled to not be available
to attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The
casual employee is not entitled to any payment for the period of non-attendance.
(3) An employer must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of an employer to engage or not to engage a casual
employee are otherwise not affected.
25. Payment By Results
25.1 Operation of PBR Systems - An employer may
maintain, alter or institute a system of payment by results, subject only to
the provisions and limitations set out in this clause.
The existence and
operation of a system of payment by results shall be subject to the
consultative mechanisms specified in this clause and, where appropriate or
necessary, to the provisions of Schedule "A", Consultative
Committees.
25.2 Payment by Results Earnings -
25.2.1 The employer shall pay an employee working
under a payment by results system a minimum amount each week equal to the award
wage appropriate to the employee’s Skill Level.
25.2.2 The employer shall pay the employee for each
hour worked an amount not less than one thirty-eighth of the award wage
appropriate to the employee’s Skill Level.
25.2.3 Where a employee does not work for
thirty-eight hours in any week, the employer shall pay the employee a pro rata
amount of money according to the number of hours worked by the employee
appropriate to the employee’s Skill Level.
25.2.4 The employer shall calculate the minute pay
rate for each standard time minute by dividing the total award wage for skill
Level 1 by 2280.
Where an employer
is currently paying a higher rate than this the higher rate shall continue to
be applied and shall not be increased until such time as the rate, as
calculated by this subclause, meets or exceeds the higher rate.
25.2.5 An employer shall calculate the payment by
results earnings of a worker by multiplying the minute pay rate by the excess
of the standard time produced over real time worked under payment by results.
25.2.6 The employer shall pay the worker the
worker’s payment by results earnings calculated in accordance with subclause
25.2.4 in addition to the total award wage appropriate to the worker’s Skill
Level.
25.2.7 Where a worker earns payment by results
earnings for work performed in any day, such earnings shall be credited to the
worker and shall not be reduced because the worker fails to earn payment by results
earnings in any other day.
25.2.8 An apprentice or improver employed pursuant
to clause 10, Apprenticeship and Improvership, shall be deemed to be producing
bonus minutes when they have produced that number of minutes in proportion to
the ordinary daily adult number of minutes as their rate of pay is in
proportion to the appropriate adult award rate.
25.2.9 An employer, subject to the provisions of
subclause 25.3, may fix or alter a time standard in respect of any garment or
part of a garment, or any article or part of an article, provided such time
standard is set consistent with the objective that 75% of workers (excluding
trainees being new entrants to the clothing industry employed as trainees for
up to three months) in any given period earn at least 20% more than the total
award wage for skill Level 1.
This subclause
shall not act in any way to impose a guarantee on the amount of an individual
worker's payment by results earnings.
25.3 Time Standards - An employer shall
calculate the time standard allowed for the performance of work in accordance
with the following:
25.3.1 An employer shall consult with the payment by
results workers and union representative(s) prior to the finalisation of any
time standard fixed in accordance with this clause and shall provide to the
payment by results workers and the union representative(s) the basis upon which
the payment by results system is calculated, including appropriate allowances
and the likely weekly earnings on such time standard.
On application by
the Secretary of the Union, the employer shall make available the basis of such
a system.
25.3.2 The setting of a time standard shall take
into account the nature and method of the work to be completed and the
conditions under which it is performed, including appropriate allowances.
25.3.3 Time standards shall be set to provide the
consistent and similar earnings by workers with similar training, instruction,
skill method and performance in a work area in an enterprise using a system of
payment by results.
25.3.4 Once a time standard has been fixed in
accordance with this clause, it shall not be altered except where any of the
following circumstances occur:
* there is a change in the manufacturing
methods;
* there is a change in the materials
used;
* there is a change in the machines or
equipment used;
* there is a change in the quality
requirements;
* to correct an agreed error in the
existing time standard;
* by
agreement between the employer, the payment by results workers, and union
representative(s).
25.3.5 An employer shall clearly display a copy of
the time standard for each payment by results operation in each work area in
each enterprise. The copy of the time standard shall be updated within
twenty-four hours of any changes to the time standards.
25.3.6 Once a time standard has been fixed in
accordance with this clause, it shall be recorded in a register and signed and
dated by the employer and union representative(s).
25.3.7 The employer shall also display in each work
area in each enterprise a conversion table to enable a worker to convert time
standards into monetary amounts.
25.4 Implementation, Review and Alteration of a
PBR System - For the purpose of this clause, "workers affected" means
a person or persons whose work is directly involved in any way whatsoever by
the implementation of a payment by results system.
25.4.1 The existence and operation of a system of
payment by results shall be subject to the consultative mechanism specified in
this clause and, where appropriate or necessary, to the provisions of Schedule
"A", Consultative Committees.
25.4.2 An employer may, with the agreement of
seventy-five per cent of the workers affected, operate a payment by results
system for the workers.
25.4.3 The employer shall, every six months, table a
summary of the results of the payment by results system to allow the
consultative committee and union representative(s) to assess whether the
payment by results system meets the criteria of subclause 25.2.9 of this
clause.
25.4.4 Every calendar year in the month of February
the employer shall, in consultation with the workers whose work is directly
involved in any way whatsoever, conduct a vote of such workers on whether the
payment by results system will continue. If seventy-five per cent of such
workers vote to discontinue the payment by results system, the employer shall
do so. The outcome of this review shall be reported to the Secretary of the
Union.
25.4.5 If, in accordance with the vote of workers
whose work is directly involved in any way whatsoever, the payment by results
system is discontinued, the employer may, after three months, in consultation
with the consultative committee and the union representative(s), introduce a
new payment by results system in accordance with the provisions of this
subclause.
25.4.6 The consultative committee and the Union may
seek the assistance of an agreed independent expert on payment by results
systems and the employer shall engage the expert chosen and pay all expenses
associated with the engagement of the expert.
25.5 Training - An employer implementing a
payment by results system pursuant to this clause shall provide each worker
with appropriate training to ensure that individual performance is the only
variable distinguishing workers within a skill level as outlined clause 8,
Skill Levels.
25.6 Work Records - An employee shall complete
work records in accordance with the employer's directions. Any wilful
falsification of such records will be sufficient ground for instant dismissal
of the employee concerned. Where necessary the employer shall make arrangements
for collecting the work records without loss of time to the employee concerned.
26. Casual Workers
26.1 An employer shall only engage a casual
worker during one 8-week period in any 12-month period, unless in accordance
with subclause 26.2.
26.2 An employer may engage a casual worker for
a specific period of time to replace a designated person where the period of
engagement does not exceed 13 weeks in aggregate in any 12-month period. The
period of time for which the casual worker is engaged, together with any other
special conditions of employment, shall be confirmed in writing at the time of
engagement.
26.3 An employer shall pay a casual worker one
thirty-eighth of the award wage for the worker’s classification plus 33.33 per
cent per hour.
26.4 An employer shall apply all the provisions
of this award to a casual worker, including the provisions of clause 16,
Overtime, with the exception of the following clauses:
Clause 21, Annual
Leave;
Clause 23, Sick
Leave;
Clause 28,
Holidays.
26.5 An employer shall not require a casual
worker to attend for duty more than once on any one day.
26.6 The employment of a casual worker may be
terminated by the employer or the casual worker by the giving of one hour's
notice.
26A. Secure Employment
26A.1 Occupational Health and Safety
26A.1.1. For the purposes of this subclause,
the following definitions shall apply:
(a) A "labour hire business" is a
business (whether an organisation, business enterprise, company, partnership,
co-operative, sole trader, family trust or unit trust, corporation and/or
person) which has as its business function, or one of its business functions,
to supply staff employed or engaged by it to another employer for the purpose
of such staff performing work or services for that other employer.
(b) A "contract business" is a
business (whether an organisation, business enterprise, company, partnership,
co-operative, sole trader, family trust or unit trust, corporation and/or person)
which is contracted by another employer to provide a specified service or
services or to produce a specific outcome or result for that other employer
which might otherwise have been carried out by that other employer’s own
employees.
26A.1.2. Any employer which engages a labour
hire business and/or a contract business to perform work wholly or partially on
the employer’s premises shall do the following (either directly, or through the
agency of the labour hire or contract business):
(a) consult with employees of the labour
hire business and/or contract business
regarding the workplace occupational health and safety consultative
arrangements;
(b) provide employees of the labour hire
business and/or contract business with appropriate occupational health and
safety induction training including the appropriate training required for such
employees to perform their jobs safely;
(c) provide employees of the labour hire
business and/or contract business with appropriate personal protective
equipment and/or clothing and all safe work method statements that they would
otherwise supply to their own employees; and
(d) ensure employees of the labour hire
business and/or contract business are made aware of any risks identified in the
workplace and the procedures to control those risks.
26A.1.3. Nothing in this subclause 26A.3 is
intended to affect or detract from any obligation or responsibility upon a
labour hire business arising under the Occupational Health and Safety Act 2000
or the Workplace Injury Management and Workers Compensation Act 1998.
26A.2. 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.
26A.3. 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
27. Part-Time Employees
27.1 An employer may employ a part-time
employee on a weekly basis in accordance with clause 20, Terms of Engagement.
27.2 For the purposes of this clause a
part-time employee is a person who is employed for less than 38 hours per week.
27.3 An employer shall pay a part-time employee
one thirty-eighth of the award wage for the employee's classification per hour.
27.4 An employer shall apply all the provisions
of this award to a part- time worker, including the provisions of clause 21,
Annual Leave, clause 23, Sick Leave, and clause 28, Holidays, on a pro rata
basis according to the number of hours worked by the employee.
27.5 Provided that -
27.5.1 by agreement in writing signed by the
employer and the employee, the provisions of clause 21, Annual Leave, clause
23, Sick Leave, and clause, 28, Holidays, shall not apply and in lieu of these
provisions the employer shall pay the part-time employee an additional twenty
per cent of the award wage for the employee's classification per hour;
27.5.2 where, for a period not exceeding two
calendar months or by an agreement in writing for a longer period, signed by
the employer and the employee, the part-time employee genuinely works an
irregular number of hours each week, the employer may pay the part-time
employee in accordance with subclause 27.5.1.
27.6 An employer may employ a part-time employee
within the ordinary spread of hours applicable to full-time employees. Where
such part-time employee works for more hours in a day than the number of hours
for which the part-time employee is ordinarily employed or is employed at a
time outside the ordinary spread of hours, the hourly rate (exclusive of the 20
per cent loading, if paid) shall be increased in accordance with clause 16,
Overtime.
27.7 An employer shall pay a part-time employee
employed under a payment by results system in accordance with clause 25,
Payment by Results, but in no case shall any part-time employee be paid less
than the award wage for their classification as is proportionate to the time
worked by them.
27.8 An employer shall calculate the payment or
deduction of payment in lieu of notice, the entitlement to severance pay, the
entitlement to annual leave and the entitlement to sick leave provided by this
award on a proportionate basis. The
basis for this calculation shall be the average weekly number of hours worked
by the part-time employee during the preceding 12 months or, if there is not a
12- month period of the employment, then the average of the actual hours worked
during the period of employment.
27.9 An employer shall grant a part-time
employee the holidays provided in clause 28, Holidays, where such holiday falls
on a day that the part-time employee would normally have worked. An employer
shall pay a part-time employee for the number of hours the part-time employee
would normally have worked on that day.
27.10 An employer shall not require a part-time
employee to attend for duty more than once on any one day.
27.11 An employee who was engaged as a casual
worker in accordance with clause 26, Casual Workers, prior to 1 May 1990, and
who is now engaged as a part-time employee in accordance with clause 27, shall,
for the duration of their employment, be paid 33.33 per cent loading in lieu of
a twenty per cent loading as provided in this clause.
28. Holidays
28.1 All employees, other than casual
employees, shall be granted the following holidays without deduction of pay,
which is the ordinary rate of pay an employee would have received for the hours
that they would have worked had the day not been a holiday: New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Easter Tuesday,
Labor Day, Anzac Day, Queen's Birthday, Christmas Day and Boxing Day.
Provided that if
any other day is by State Act of Parliament or State Proclamation substituted
for any of the said holidays, the day so substituted shall be observed.
Where a special
public holiday is proclaimed by Order-in-Council or otherwise gazetted by the
authority of the Australian Government or of a State Government under any State
Act and generally observed throughout New south Wales, such day shall be deemed
to be a holiday for the purpose of this award.
28.2
28.2.1 When Christmas Day is a Saturday or a Sunday,
a holiday in lieu thereof shall be observed on 27 December.
28.2.2 When Boxing Day is a Saturday or a Sunday, a
holiday in lieu thereof shall be observed on 28 December.
28.2.3 When New Year's Day or Australia Day is a
Saturday or Sunday, a holiday in lieu thereof shall be observed on the next
Monday.
28.3 Where public holidays are declared or
prescribed on days other than those as set out in subclauses 28.1 and 28.2 of
this clause, those days shall constitute additional holidays for the purpose of
this award.
28.4 Changing Public Holidays by Agreement -
28.4.1 An employer, with the agreement of the Union,
may substitute another day for any prescribed in this clause.
28.4.2
(i) An employer and the employer’s
employees may agree to substitute another day for any prescribed in this
clause. For this purpose, the consent of the majority of affected employees
shall constitute agreement.
(ii) An agreement pursuant to 28.4.1 shall be
recorded in writing and be available to every affected employee.
(iii) The Union shall be informed of an
agreement pursuant to clause 28.4.2(i) and may, within seven days, refuse to
accept it. The Union will not unreasonably refuse to accept the agreement.
(iv) If the Union, pursuant to clause
28.4.2(iii), refuses to accept an agreement, the parties will seek to resolve
their differences to the satisfaction of the employer, the employees and the
Union.
(v) If no resolution is achieved pursuant to
clause 28.4.2(iv), the employer may apply to the Clothing Trades (State)
Industrial Committee for approval of the agreement. Such an application must be
made at least 14 days before the prescribed holiday. After giving the employer
and the Union an opportunity to be heard, the Industrial Committee will
determine the application.
28.5 Payment by Results Employees - An employee
working under any system of payment by results shall be paid for such holidays
at the ordinary rate payable to an employee working as a time worker doing the
same class of work.
28.6 Rostered Day Off or Accumulated Time Off
Falling on a Holiday - In the case of an employee whose ordinary hours of work
are arranged in such a manner as to entitle the employee to a rostered day off,
the weekday to be taken off shall not coincide with a holiday fixed in
accordance with this clause. Provided that, in the event that a holiday is
prescribed after an employee has been given or gives notice of a weekday off
and the holiday falls on such weekday, the employer shall allow the employee to
take an alternative weekday off in lieu of the holiday.
28.7 Termination Within 14 Days of a Holiday -
28.7.1 Where an employee, with at least one week's
service with the employer, is terminated through no fault of their own within
14 days prior to a holiday, and is re-engaged by the same employer within three
months of such holiday, the employee shall be paid for any such holiday the
amount they would have received had they not been terminated.
28.7.2 Where an employee, with at least one month's
service with the employer, is terminated through no fault of their own on or
after the last working day of the last pay period in November each year or
within 14 days prior to Good Friday, the employee shall receive payment for the
relevant Christmas, New Year or Easter holidays.
28.7.3 No employee shall be entitled to be paid more
than once for the same holiday whilst working in the industry and shall be in
breach of the award in accepting a double payment without informing the
employer in relation thereto.
28.8 Full-time Employees Working Non-standard
Hours - Approved employers only - This subclause applies only to full-time
employees employed by approved employers who do not regularly work a five-day,
Monday to Friday week, as provided for elsewhere in this award.
28.8.1 When a prescribed holiday falls upon a day
when the employee would not be working in any event, the employee shall
receive:
(i) a day's paid leave to be taken on
another day or added to annual leave (to be mutually agreed between the
employer and the employee); or
(ii) an additional day's wage.
28.8.2 If an employee is rostered to work on the
public holiday or its substitute day (except Christmas Day), the following
provisions shall apply:
(i) If the employee is not required to work
on the public holiday, the employee shall receive the payment the employee
would ordinarily receive for that day and is not entitled to the substituted
day off.
(ii) If the employee is required to work on
the public holiday, the employee is entitled to receive the normal rates of pay
for working that day and the substitute day as a holiday. (If the substitute
day is a non- working day for the employee, the employee shall receive the compensation
as set out in clause 28.8.1).
(iii) If the employee is required to work on
the substitute day, the employee shall receive the rates of pay for working on
a public holiday.
28.8.3 If any employee is rostered and required to
work on both the "actual" public holiday and its substituted day
(this would only occur if the holiday was to fall on a Saturday or a Sunday)
the employee would be entitled to:
(i) a day's paid leave to be taken on
another day or added to annual leave (to be mutually agreed between the
employer and the employee); or
(ii) payment at public holiday rates for the
day's work for the substituted day, and payment at the normal rates for
Saturday or Sunday for the actual public holiday.
28.8.4 Christmas Day Loading - If the employee is
rostered to work on a Saturday or Sunday that is Christmas Day and is required
to work, the employee shall receive the normal Saturday or Sunday rate, plus a
loading of one-half of a normal day's wages for the full day's work and be
entitled to the substitute day.
28.9 Permanent Part-time Employees (Non-casual)
- Where the normal roster of a part-time employee includes a day that is a
holiday, the employee shall receive the normal pay the employee would have
received on that day, subject to subclause 28.5, and shall be granted the
holiday or receive the appropriate public holiday rate for working whatever
hours the employee worked.
28.9.1 For part-time employees whose normal roster
includes a Saturday or Sunday that would be a prescribed holiday but for the
substitution of an alternative day, the following shall apply:
(i) The employee shall be granted leave
with pay on the "actual day" without any substitution; or
(ii) the employee works on the "actual
day" at normal Saturday or Sunday rates (if the Saturday or Sunday is
Christmas Day, the Christmas Day loading will apply) and is allowed to take
another day with pay, which may or may not be the prescribed substitute day, as
a holiday; or
(iii) the employee works on the "actual
day" at normal Saturday or Sunday rates (if the Saturday or Sunday is
Christmas Day, the Christmas Day loading will apply) and receives, in addition,
payment at ordinary- time rates for an additional day of equal length (with no
substitution of an alternative day).
28.9.2 If any of these benefits applies, the
employee who works on the prescribed substitute day should do so at
ordinary-time rates.
28.10 Casual Employees Working on Public Holidays
- A casual employee who works on the day prescribed as the public holiday shall
be paid the appropriate public holiday pay as provided for elsewhere in this
award. The employee should receive the ordinary casual rate plus the applicable
penalty. That is, the casual loading of 33.33 percent and the prescribed
holiday rate for non-casual employees of 2.5 times ordinary rates. The casual
will be paid 2.833 times the ordinary rate for non-casual employees.
28.11 Absences Before or After Public Holidays -
Where an employee is absent from employment on the working day or part of the
working day before and the working day or part of the working day after a
public holiday without reasonable excuse or without the employer's consent, the
employee shall not be entitled to payment for the relevant public holiday.
28.12 Unpaid Leave and Public Holidays - Any
continuous period of unpaid leave in excess of four weeks shall not be deemed
to be service and the employee shall not be entitled to payment for any holiday
falling within this period of leave.
29. Payment for Work Done on Holidays
29.1 Any weekly employee who works on any
holiday provided for in clause 28, Holidays, shall, for all time worked on that
day, be paid at the rate of double time and one-half of the ordinary rate.
29.2 Any employee working under any system of
payment by results who works on any holiday provided for in the said clause 28
shall, for all time worked on that day, be paid the employee’s ordinary
earnings under such system of payment by results, and an amount calculated on
the basis of half of the ordinary rate for the class of work being performed,
in addition to the ordinary rate payable to employees on time work doing the
same class of work.
29.3 The minimum payment for work performed on
public holidays shall be four hours.
30. Payment for Work Done on Sundays
30.1 Work in any factory or workshop is
prohibited on Sundays unless in extraordinary circumstances and then only with
the consent of the Secretary of the Union.
30.2 Any employee who works on a Sunday shall
for that day be paid at the rate of double ordinary rates.
31. Contract Work
31.1 Contract work may only be undertaken
subject to the following conditions:
31.1.1 An employer may give out work to another
employer provided that, where the employer undertaking such work causes some or
all of such work to be performed outside a factory or workshop registered in
compliance with the appropriate State Acts or regulations, the employer to whom
work is given shall be a registered employer of outworkers pursuant to clause
33, Registration of Employers.
31.1.2 An employer giving out work to other
employers shall, on the last working day of May and the last working day of
November each year, file with the Industrial Registrar or Deputy Industrial
Registrar in New South Wales, a list of the employers to whom work is given,
and a copy of such list shall be forwarded to the Union.
31.1.3 The Industrial Registrar or the Deputy
Industrial Registrar in New South Wales may allow an organisation with a
legitimate interest in the clothing manufacturing industry to peruse the list
submitted in accordance with clause 31.1.2.
31.2 Employer giving out work to another
employer where the other employer does not employ outworkers:
31.2.1 An employer bound by this award may give out
work to another employer, to be carried out in the other employer's workshop or
factory registered in accordance with the appropriate State Acts and
Regulations.
31.2.2 An employer giving out work pursuant to this
subclause shall, on the following dates in each year, file with the Industrial
Registrar or the Deputy Industrial Registrar in New South Wales, a list of the
other employers to whom work has been given in each preceding three-month
period, and a copy of such list shall be forwarded to the Union:
Last working day
of February.
Last working day
of May.
Last working day
of August.
Last working day
of November.
31.2.3 The Industrial Registrar or the Deputy
Industrial Registrar in New South Wales may allow an organisation with a
legitimate interest in the clothing manufacturing industry to peruse the list
submitted in accordance with clause 31.2.2.
31.3 Employer contracting with a person who
alone will perform work - Employer giving out work to another employer or
another person where the other employer or other person employs others outside
a factory or workshop:
31.3.1 For the purpose of this subclause,
"work" means hand or machine sewing in the construction of a garment
or part thereof being work performed other than in a factory or workshop.
31.3.2 An employer shall:
(i) not contract with any person pursuant
to this subclause unless that employer is registered pursuant to clause 33,
Registration of Employers;
(ii) when desirous of contracting with any
person pursuant to this subclause, make application for registration, in
accordance with the said clause 33, to the Clothing Trades (State) Industrial
Committee.
31.3.3
(i) An employer contracting with a person
who alone will perform work shall contract to provide and shall provide terms
and conditions no less favourable than those prescribed by this award for
persons engaged under a contract of service pursuant to clause 32, Outworkers.
(ii) An employer contracting with another
employer, or with another person who gives out the work, or with a person who
alone will perform work shall make a record in writing of the following
details:
(1) The name of the other employer (or the
other person) who gives out the work and the registration number of the other
employer (or the other person) who gives out the work.
(2) The address of the other employer (or
the other person) who gives out the work.
(3) The name(s) and address(es) of the
person(s) to whom the work is given.
(4) The address(es) where the work is to be
performed.
(5) The date of giving out the work and the
date for completion of the work.
(6) A description of the nature of the work
to be performed (including construction, seam type, finishing and fabric type).
(7) A description and, where available, a
rough drawn outline of the garments or articles of each type being given out to
the other employer (or the other person) who gives out the work.
(8) The number of garments or articles of
each type being given out to the person.
(9) The sewing time allowed for each type of
garment or article to be done.
(10) The price to be paid for each garment or
article. The Union shall not divulge any details concerning the price to be
paid for each garment or article in any circumstances to any party, save for
enforcement proceedings in a court or industrial dispute proceedings in the
Industrial Relations Commission of New South Wales.
(11) Where the work is given to a person who
alone will perform the work, the total amount to be paid to the person
calculated in accordance with subclauses 31.3.3(ii)(8), (9) and (10).
(iii) A copy of this record shall be given to
the person doing the work and the employer's copy shall be available for
inspection by a person duly authorised in accordance with clause 34, Entry and
Inspection by Officers of Industrial Organisations, as if it was a record as
described in clause 35, Time Book, Sheet or Records.
31.3.4
(i) No employer shall enter into any
contract or arrangement with another person (hereinafter called "the
second person") concerning the performance of work pursuant to which
contract or arrangement the second person will not personally or alone perform
the work unless the contract or arrangement is entered into on terms whereby
any work to be performed by a person other than the second person is carried
out pursuant to a written agreement made between the second person and the
person who will actually perform the work, such written agreement to:
(1) specify the matters referred to in
clause 31.3.3(ii); and
(2) provide for wages and conditions no less
favourable than those provided by this award for persons engaged under a
contract of service pursuant to clause 32, Outworkers.
(ii) Any employer who enters into a contract
pursuant to subclause 31.3.3(i) or pursuant to subclause 31.3.4(i) shall notify
the Industrial Registrar or the Deputy Industrial Registrar in New South Wales
and the Union, within seven days of the last working day of February, May,
August and November of each year of the existence of such contract and the
names and addresses of the persons who enter into the contract. The Industrial Registrar, or the Deputy
Industrial Registrar in New South Wales may allow an organisation with a
legitimate interest in the clothing manufacturing industry to peruse such
records.
31.3.5 Where a person has performed work either
directly for an employer pursuant to subclause 31.3.3 or for a second person
(being work in respect of a contract or arrangement between the second person
and an employer pursuant to subclause 31.3.4), such person may make a claim for
payment for such work by serving upon the relevant employer a statutory
declaration specifying the identity of the person performing the work, the work
performed, the date or dates on which the work was performed and the payment
claimed. Such statutory declaration, if served within six months of completion
of that work, shall be accepted as proof of liability on the part of that
employer to pay the sum claimed, unless that employer against whom the claim is
made is able to prove:
(i) that the work was not in fact done;
and/or
(ii) the payment claimed was not the correct
payment due for the work that was actually done.
31.3.6 An employer shall not in any way, whether
directly or indirectly, be a party to or concerned in conduct that:
(i) hinders, prevents or discourages the
observance of this clause; or
(ii) causes or encourages, or is likely to
cause or encourage, a breach or non-observance of this clause.
31.4 An employer contracting with a person who
alone will perform work shall provide to that person, each time work is given
out, information as to their entitlements as per Schedule "C" of this
award.
32. Outworkers
32.1 For the purpose of this clause -
"Employer"
means an employer bound by this award.
"Ordinary
working week" means the hours and days occurring between midnight on
Sunday and midnight on Friday in any week.
"Outworker"
means a person who performs work as herein defined for an employer outside the
employer's workshop or factory under a contract of service.
"Work"
means hand or machine sewing in the construction of a garment or part thereof
being work performed other than in a factory or workshop.
32.2 Employers bound by this award shall -
32.2.1 not employ any person to perform work covered
by this award under a contract of service outside the employer's workshop or
factory unless that respondent employer is a registered employer of outworkers,
pursuant to clause 33, Registration of Employers;
32.2.2 when desirous of employing outworkers, make
application to the Industrial Committee for registration in accordance with
clause 33, Registration of Employers;
32.2.3 not employ a person to perform work covered
by this clause outside the workshop or factory unless prior agreement in
writing has been reached between that respondent and the person as to whether
that person is to be employed on a full-time or part-time basis and if on a
part-time basis, the agreed number of hours. Provided that nothing in this
clause shall prevent the parties to any such agreement varying the same by
consent from employment on a full-time basis to employment on a part-time basis
or vice versa. Provided further that any such variation shall not take effect
until the expiry of at least three days from the date of the agreement to that
variation;
32.2.4 not employ more than 10 outworkers at any one
time. Provided that an employer may employ a specified greater number of
outworkers with the consent of the Union or if, in the absence of that consent,
the Industrial Committee in the exercise of its discretion grants permission to
the employer to employ a specified greater number of outworkers;
32.2.5 pay any outworkers employed at the rates
prescribed by clauses 6, Rates of Pay, and 25, Payment by Results, (as
appropriate) for the classification in which the outworker is engaged. Provided
that working time allowed for work to be performed shall be fair and reasonable
and that the time standards set for the work to be performed by outworkers will
in every case be longer than the time standards that would be set for the same
work if done in the factory to include a reasonable component to cover time
spent on ancillary tasks, such as bundling and unbundling, sorting, packing and
the like. Provided further that in the event that the employer has no factory,
a factory undertaking the same or comparable work shall be used for the purpose
of setting the time standards;
32.2.6 pay for outwork performed in the ordinary
working week at the minute rate of:
(i) 1/2280 of the weekly award rate for the
classification in which the outworker is employed for the first 38 hours worth
of work; and
(ii) the minute rate in clause 32.2.6(i),
multiplied by 1.5 for the classification in which the outworker is employed,
for each hour thereafter;
32.2.7 pay for outwork performed or deemed to have
been performed on a Saturday or Sunday or a public holiday, at the minute rate
in clause 32.2.6(i), multiplied by 2 for the classification in which the
outworker is employed. An outworker
shall not be entitled to penalty payment for work performed on a Saturday,
Sunday or award holiday unless there is prior agreement with the employer for
the performance of work on any such day(s) in accordance with clause
32.2.13(xii);
32.2.8 apply all provisions of clause 25, Payment by
Results, to outworkers working under any system of payment by results unless
expressly excluded from such operation either in this clause or in the said
clause 25;
32.2.9 provide sufficient work (that is, 38 hours
worth of work each week for full-time outworkers and at least 20 hours worth of
work each week for part-time outworkers) in the ordinary working week where the
outworker is ready, willing and able to perform such work.
Provided that an
outworker under any system of payment by results who is ready, willing and able
to work:
(i) on a full-time basis (i.e., 38 hours or
more) in the ordinary working week, but receives in any such week less than 38
hours worth of work from the employer, shall be paid in accordance with the
following formula:
(1) if the employee receives no work at all,
the weekly award rate for the classification in which the outworker is
employed;
(2) if the employee receives less than 38
hours worth of work, the weekly award rate for the classification in which the
outworker is employed;
(ii) on a part-time basis (i.e., at least 20
hours) in the ordinary working week (for one or more employers) but receives in
any such week fewer hours worth of work than the number of hours for which the
outworker was employed from any one such employer, shall be paid (by each
employer) for the number of hours for which the outworker was employed. Such
payment to be so much of the weekly award rate as is proportionate to the
number of hours the worker was employed to work in any ordinary working week;
(iii) may be stood down by an employer without
pay for up to ten days but for no more than two days in any four consecutive
working weeks where no work can be offered as a result of circumstances beyond
the employer's control, proof of which shall lie with the employer. In such
circumstances the employer shall keep a record of the name and address of the
outworker stood down, the commencing date and duration of the stand down and
the reason for the stand down. A copy of this record shall be given to the
person doing the work and the Union within two working days of the stand down
and the employer's copy shall be available for inspection by a person duly
authorised in accordance with clause 34, Entry and Inspection by Officers of
Industrial Organisations, as if it was a record described in clause 35, Time
Book, Sheet or Records.
32.2.10 not require any full-time outworker
to complete more than 38 hours worth of work, or any part-time outworker to
complete more hours worth of work than the number of hours for which the
outworker was employed in any ordinary working week;
32.2.11 subject to clause 32.2.13 not
require any outworker to perform work on a Saturday or a Sunday or on any
public holidays;
32.2.12 pay the outworker for each public
holiday prescribed by this award an amount equal to 1/5 of the applicable
weekly award rate for full-time outworkers and on a proportionate basis for
part-time outworkers;
32.2.13 at the time of delivery of any work
to an outworker provide full details of the following matters and shall keep
true and correct records thereof in writing:
(i) the name of the employer bound by this
award and the registration number of the employer;
(ii) the address of the employer bound by
this award;
(iii) the name of the person to whom the work
is given;
(iv) the address where the work is to be done;
(v) the date of delivery of the work;
(vi) the description of the garments or
articles upon which work is to be done (e.g., skirts, dresses, jeans);
(vii) a description of the nature of the work to
be performed (e.g., overlocking);
(viii) the number of garments or articles of each
description being given out to the person;
(ix) full details of the appropriate time
standard in accordance with subclause 32.2.5 which when considered with the
minute rate set out in clause 32.2.6 will enable the price to be paid for each
garment or article to be calculated;
(x) the number of working hours that will
therefore be necessary to be worked to complete the said garments or articles,
and accordingly;
(xi) the number of days that will therefore be
needed to perform the work with such calculation being undertaken (consistent
with subclause 32.2.10) on the basis of 7.6 hours worth of work being performed
each day; and
(xii) the appropriate time and date for the work
to be picked up from the outworker. The pickup time and date shall be set on
the basis that no work will need to be performed on any Saturday, Sunday or
award holiday which may occur between delivery and pickup unless there is prior
agreement between the employer and the outworker that work will be performed on
any or all of such days. If there is
such agreement, the written record referred to in this subclause must specify
the actual date of any Saturday, Sunday or award holiday on which it has been
agreed that work will be performed and the number of hours to be worked on any
such day. In the absence of any
specification as to the number of hours to be worked on a Saturday, Sunday or
award holiday on which work has been authorised pursuant to this paragraph, the
outworker shall be deemed to have worked and shall be entitled to payment in
respect of any such day at the rate specified in clause 32.2.7.
(xiii) The total amount to be paid to the
outworkers shall be calculated in accordance with subclauses 32.2.13(viii),
(ix) and (x).
Provided that a
copy of this record shall be given to the person doing the work and the
employer's copy shall be available for inspection at the employer's premises by
a person duly authorised in accordance with clause 34, Entry and Inspection by
Officers of Industrial Organisations, as if it was a record described in clause
35, Time Book, Sheet or Records.
Provided always
that if the time period between delivery and pickup (arrived at via
calculations under subclause 32.2.13(xi)) will necessarily include a Saturday
and/or a Sunday and/or a public holiday(s) then the first agreed pickup date
shall be reset (i.e., put back) to ensure, consistent with clause 32.2.10 and
given the number of days needed to do the work arrived at in subclauses
32.2.13(xi) and (xii), that the employee will not be required to work on any of
the days set out in this proviso that fall within the period set under
subclause 32.2.13(xi) to complete the work delivered (the reset pickup date to
be hereinafter referred to as "the second agreed pickup date").
Provided further
that if an outworker who has work delivered to be performed in a time period
that includes either a weekend day(s) or a public holiday(s) expressly agrees
or simply elects to complete that work by the first agreed pickup date rather
than by the second agreed pickup date then the worker will, for the purpose of
payment, be deemed to have completed 7.6 hours (but no more) worth of the work
on each of the weekend and/or public holiday days occurring in the period
between delivery and pickup;
32.2.14 pay annual leave to outworkers in
accordance with the provisions of clause 21, Annual Leave.
32.2.15 pay all wages due not later than
two working days following the end of the working week, at a time and by a
method mutually agreed between the outworker and employer.
On or before the
pay day, the employer shall provide to the outworker in writing, details of the
wage payment to which the outworker is entitled, the amount of each deduction
made therefrom and the net amount being paid to the outworker;
32.2.16 except as otherwise provided in
this clause, apply to outworkers the terms and conditions of employment
provided by the award, excluding the following clauses:
14. Hours of Employment
15. Midday Meal Interval
16. Overtime
17. Meal Money
18. Rest Period
20. Terms of Engagement 20.3.6
23. Sick Leave
26. Casual Workers
34. Entry and Inspection by Officers of
Industrial Organisations
35. Time Book, Sheet or Records
37. Amenities
38. First-aid Ambulance Chest
39. Award Posted
41. Shop Stewards and Representatives
43. Notice Boards
45. Tools of Trade
46. Disability Allowance
50. Blood Donors
51. Attendance at Hospital
32.2.17 provide outworkers with all
necessary materials, trimmings and sewing threads.
32.3 Where a person has performed work for an
employer as an outworker, such person may make a claim for payment for such
work by serving upon the employer a statutory declaration specifying the
identity of the person, the work performed and the payment claimed therefore.
Such statutory declaration, if served within six months of completion of that
work, shall be accepted as proof of liability on the part of the employer to
pay the sum claimed, unless that employer against whom the claim is made is
able to prove:
32.3.1 that the work for which the claim is made was
not, in fact, done; and/or
32.3.2 the payment claimed as due was not the
correct payment for the work that was actually done.
32.4 In any proceedings commenced concerning
work performed pursuant to this clause, it lies upon any person alleging that
the person performing such work was not an employee to prove that this was the
case.
32.5 An employer bound by this clause shall not
in any way, whether directly or indirectly, be a party to or concerned in
conduct that:
32.5.1 hinders, prevents or discourages
the observance of this clause; or
32.5.2 causes or encourages or is likely
to cause or encourage, a breach of, or non-observance of, this clause.
32.6 An employer shall provide to the
outworker, each time work is given out, information as to their entitlements as
per Schedule "C "of this award.
33. Registration of Employers
33.1 Except as prescribed in clause 31.1,
Contract Work, an employer bound by this award having or proposing to have work
performed away from the employer’s own factory or workshop pursuant to clauses
31, Contract Work, and 32, Outworkers, shall make application for registration
to the Industrial Committee.
33.2 The Industrial Committee may register the
employer on conditions as determined by it for a twelve-month period. The
Industrial Committee may revoke the registration if any or all of such
conditions have not been complied with.
33.3 Upon registration the employer will be
given a registration number.
33.4 The Industrial Registrar shall maintain a
record of employers registered pursuant to this clause.
33.5 Upon registration and at yearly intervals
thereafter, such employer shall cause a notice to be placed in the public
notices column of a metropolitan daily newspaper circulating throughout the
State in which the work is to be performed, notifying such registration. Such
notice shall:
33.5.1 specify the identity of the employer and the
registration number; and
33.5.2 specify where all documents in the employer's
possession or custody containing the terms of any agreement or contract to
perform work made in accordance with the provisions of this award may be
inspected by a person entitled under the award to do so.
33.6 An employer, by application to the
Industrial Committee or (subject to any order by the said Committee or the
Industrial Relations Commission of New South Wales) by agreement in writing
with the Secretary of the Union, may be exempted from the requirement to comply
with the provisions of clause 33.5. Where any such agreement is made a copy
shall be lodged with the Industrial Registrar.
34. Entry and Inspection By Officers of
Industrial Organisations
34.1 The Industrial Relations Act 1996
(New South Wales) ("the Act") provides for Right of Entry in the
following terms:
34.1.1 Definitions
(i) In this Part:
authorised
industrial officer means an officer or employee of an industrial organisation
of employees who holds an instrument of authority for the purposes of this Part
issued by the Industrial Registrar under section 299 of the Act
employees' records
includes records of the remuneration of employees, part‑time work
agreements with the employees or other records relating to the employees that
are required to be kept by the employer by or under the industrial relations
legislation or an industrial instrument.
officer of an
industrial organisation includes any person who is concerned in, or takes part
in, the management of the organisation.
relevant employee,
when used in connection with the exercise of a power by an authorised officer
of an industrial organisation, means an employee who is a member of the
organisation or who is eligible to become a member of the organisation.
(ii) This Part does not confer authority on
an authorised industrial officer to enter any premises for the purposes of
holding discussions with employees or of an investigation if:
(1) the persons employed at that place are
employed by a person who holds a certificate of conscientious objection under
section 212 (3) of the Act because of membership of a religious society or order
(such as the Brethren), and
(2) none of the persons employed at those
premises are members of an industrial organisation, and
(3) there are no more than 20 persons
employed at those premises.
34.2 Right of entry for discussion with
employees - An authorised industrial officer may enter, during working hours,
any premises where relevant employees are engaged, for the purpose of holding
discussions with the employees at the premises in any lunch time or non‑working
time.
34.3 Right of entry for investigating breaches
34.3.1 An authorised industrial officer may enter,
during working hours, any premises where relevant employees are engaged, for
the purpose of investigating any suspected breach of the industrial relations
legislation, or of any industrial instrument that applies to any such
employees.
34.3.2 For the purpose of investigating any such
suspected breach, the authorised industrial officer may:
(i) require any employer of relevant
employees to produce for the officer's inspection, during the usual office
hours at the employer's premises or at any mutually convenient time and place,
any employees' records and other documents kept by the employer that are
related to the suspected breach, and
(ii) make copies of the entries in any such
records or other documents related to any such suspected breach.
34.3.3 An authorised industrial officer must, before
exercising a power conferred by this section, give the employer concerned at
least 24 hours' notice.
34.3.4 The Commission or the Industrial Registrar
may, on the ex parte application of an authorised industrial officer, waive the
requirement to give the employer concerned notice of an intended exercise of a
power conferred by this section if the Commission or the Industrial Registrar
is satisfied that to give such notice would defeat the purpose for which it is
intended to be exercised.
34.3.5 If the requirement for notice is waived under
subclause 34.3.4:
(i) the Commission or Industrial Registrar
is to give the authorised industrial officer a warrant authorising the exercise
of the power without notice, and
(ii) the authorised industrial officer must,
after entering the premises and before carrying out any investigation, give the
person who is apparently in charge of the premises the warrant or a copy of the
warrant
34.4 Provisions relating to authorities issued
to officers -
34.4.1 The Industrial Registrar may, on application,
issue an instrument of authority for the purposes of this Part to an officer or
employee of an industrial organisation of employees.
34.4.2 An authorised industrial officer is required
to produce the authority:
(i) if requested to do so by the occupier
of any premises that the officer enters, or
(ii) if requested to do so by a person whom
the officer requires to produce anything or to answer any question.
34.4.3 The authority:
(i) remains in force until it expires or is
revoked under this section, and
(ii) expires when the person to whom it was
issued ceases to be an officer or employee of the industrial organisation of
employees concerned.
34.4.4 The Industrial Registrar may, on application,
revoke the authority if satisfied that the person to whom it was issued has
intentionally hindered or obstructed employers or employees during their
working time or has otherwise acted in an improper manner in the exercise of
any power conferred on the person by this Part.
34.4.5 An application for the revocation of an
authority is to set out the grounds on which the application is made.
34.4.6 A person to whom an authority has been issued
under this section must, within 14 days after the expiry or revocation of the
authority, return the authority to the Industrial Registrar for cancellation.
Maximum penalty:
20 penalty units.
34.5 No entry to residential premises without
permission - An authorised industrial officer does not have authority under
this Part to enter any part of premises used for residential purposes, except
with the permission of the occupier.
34.6 Offences -
34.6.1 An authorised industrial officer must not deliberately
hinder or obstruct the employer or employees during their working time.
34.6.2 A person must not deliberately hinder or
obstruct an authorised industrial officer in the exercise of the powers
conferred by this Part.
34.6.3 A person must not, without lawful excuse,
fail to comply with a requirement of an authorised industrial officer under
this Part.
34.6.4 A person must not purport to exercise the
powers of an authorised industrial officer under this Part if the person is not
the holder of a current authority issued by the Industrial Registrar under this
Part.
Maximum penalty:
100 penalty units.
34.7 Powers of Commission - The Commission may
deal with an industrial dispute about the operation of this Part, but does not
have any jurisdiction to make an award or order conferring additional or
inconsistent powers of entry or inspection.
Industrial
relations legislation means any of the following Acts and the regulations made
under any such Act:
Industrial
Relations Act 1996
Annual Holidays
Act 1944
Employment
Protection Act 1982
Long Service
Leave Act 1955
Long Service
Leave (Metalliferous Mining Industry) Act 1963.
An industrial
instrument means an award, an enterprise agreement, a public sector industrial
agreement, a contract determination or a contract agreement.
35. Time Book, Sheet Or Records
35.1 The employer shall provide in each
factory, workshop or place where work is being performed, a time and wages book
or sheet or records, which shall have correctly recorded in ink, or by other means
except pencil and in the English language, the following particulars:
35.1.1 The initials and surname and classification
or classifications (when engaged on mixed functions) of each employee.
35.1.2 The date of birth and experience and time
work rate of pay of improvers in respect of new employees at the date of
engagement.
35.1.3 The number of hours of ordinary time worked
by each employee each day and each week and the amount of weekly superannuation
contributions paid in accordance with clause 55, Superannuation.
35.1.4 The number of hours of overtime worked by
each employee each day and each week.
35.1.5 The total amount of wages paid to each
employee each week.
35.1.6 The actual name of the day and the date of
each day of each week and also the name of the day and the date on which each
week ends.
35.1.7 All holiday, annual leave, long service and
sick leave payments.
35.2 Where any employee is employed under any
system of payment by results, the employer shall keep a correct record of the rates
and of the class and number of articles or parts of articles on which work is
done by such employee each week.
35.3 For further information, see the Industrial
Relations Act 1996.
36. Seating Accommodation
36.1 When it is necessary for employees to sit
at their work, seats shall be provided for the employees by the employer. Such
seats shall be reasonably comfortable seats.
36.2 A seat provided for any employee shall
have a back to it, unless the work of such employee cannot be conveniently done
in such a seat, or unless the employee requests to be allowed to use a seat
without a back to it.
37. Amenities
37.1 Lighting and Heating - In connection with
every factory or workshop, the employer shall make provision for adequate
warmth during cold weather and cooling during hot weather where necessary (fans
or the like) and adequate light for the employees to perform their work, and as
far as possible artificial light shall be avoided.
37.1.1 For the purposes of this clause a factory or
workshop shall include any building, establishment, depot or place where any
person is employed upon any work to which this award is applicable.
37.1.2 The requirements specified by this subclause
shall also apply to any dining room and/or rest room provided by the employer
in accordance with the provisions of subclauses 37.6 or 37.7.
37.2 Floor Covering - The working areas of
factory floors, when used by employees, shall be covered by suitable floor
coverings, other than in passageways which hydraulic lifts and mechanical
motorised equipment such as fork lifts traverse, to ensure that no employee
shall be called upon to work on bare concrete, brick, stone or wooden
floor. Such floors shall be covered in
a manner to adequately ensure comfortable conditions. Provided that in the case
of wooden floors, an employer may be exempted from such requirements by
agreement of the Union in writing or as approved by the Industrial Relations
Commission of New South Wales, if it is considered such wooden floor is in good
condition, is well maintained and ensures comfortable working conditions.
37.2.1 The requirements specified by this subclause
shall also apply to the dining room and/or rest room provided by the employer
in accordance with the provisions of subclause 37.6. Linoleum or vinyl or
rubber, all of a heavy weight, or materials with similar qualities shall be
considered suitable. Seamless in situ composition floor surfacing of sufficient
thickness fully covering the specified areas shall also be considered suitable.
37.3 Drinking Water - Refrigerated, clean and
wholesome drinking water shall be provided in places easily accessible to all
employees. Drinking water kept in a refrigerator shall constitute compliance
with this subclause.
37.4 State Regulations - The laws and regulations
in force on 1 February 1983 in New South Wales relating to factories and
workshops in respect to sanitation, lavatories, factory cleanliness, heating
and light and limitations as to the weights females shall be permitted to lift
or carry, shall be incorporated into and be read as part of this award insofar
as such laws and regulations do not conflict with this award. Provided, however, and it is hereby
expressly declared that nothing in this clause shall be deemed to abrogate,
effect, repeal, amend or in any degree render inoperative any State law except
of any inconsistency of such State law with this award.
37.5 Toilet Accommodation - Notwithstanding the
foregoing, a separate toilet shall be provided in factories where mixed sexes
are employed, and approaches thereto properly separated for the sexes, shall be
provided.
37.6 Dining Accommodation -
37.6.1 An employer of more than 10 employees shall
provide a separate room (reasonably convenient to the working area) or portion
of the factory or workshop as a dining room and keep the same and its
facilities hygienically clean.
(i) Dining room tables shall be of
laminated plastic top construction or be covered by some material which can be
kept hygienically clean.
(ii) The seating provided shall be fitted
with backs.
(iii) An adequate supply of boiling water shall
be made readily available to employees without charge at the time at which
their meal break or rest period commences. The employer shall also provide a
refrigerator and a facility for heating food.
(iv) The size of the dining room, the number of
tables and its seating accommodation shall be adequate if at least three
quarters of the employees taking a meal break at the one time are able to use
the same in reasonable manner and without congestion.
(v) The dining room shall not be used for
work room or work room storage purposes.
The words
"reasonably convenient to the working area" shall have the meaning
set out in Appendix "B" Form of Declaration - Amenities to this
award.
37.6.2 An employer of more than 10 employees may
make an application to the Industrial Relations Commission of New South Wales
for exemption from any of the provisions of clause 37.6.1 and the Commission
may grant such exemption provided that it is satisfied either:
37.6.2.1 that is it impracticable for such
employer to provide the said dining room and/or facilities; or
37.6.2.2 that for some other good reason
exemption from the provisions of such paragraph ought to be granted to such
employer
Provided that
where such an exemption is obtained, the disability payments prescribed in
clause 46, Disability Allowance, shall still be payable.
37.6.3 Without affecting the rights of any party
before the Industrial Relations Commission of New South Wales, the Commission
shall consider and, if necessary, make recommendations as to the suitability or
otherwise of the dining room and/or dining room facilities of a particular
employer before proceedings for breach of this clause or clause 46 may be
taken.
37.7 Rest Room -
37.7.1 In any factory or workshop in which females
are employed, a separate properly ventilated room (reasonably convenient to the
working area) with seating and a couch or folding lounge shall be provided as a
rest room.
An area enclosed
by permanent partitioning of hardboard or the like, at least six feet high,
with a door or curtained doorway shall be acceptable as a separate room. Where a folding lounge is provided, it shall
be set up for immediate use. A pillow,
blanket and hot water bottle shall be provided. The rest room and its facilities shall be kept ready for
immediate use.
With the approval
of the Union a common rest room may be provided for employees of two or more
employers, subject to the stipulation contained in Appendix "B" to
this award.
The rest room
shall not be used for work room or work room storage purposes.
The words
"reasonably convenient to the working area" shall have the meaning
set out in Appendix "B".
37.7.2 An employer of less than 10 female employees
may make an application to the Industrial Relations Commission of New South
Wales for exemption from any of the provisions of clause 37.7.1 and such a
tribunal may grant such exemption provided that it is satisfied either:
37.7.2.1 that it is impracticable for such
employer to provide the said rest room and/or facilities; or
37.7.2.2 that for some other good reason an
exemption from the provisions of such paragraph ought to be granted to such
employer.
Provided that
where such an exemption is obtained, the disability payments prescribed in
clause 46, Disability Allowance, shall still be payable.
37.7.3 Without affecting the right of any party
before the Industrial Relations Commission of New South Wales, the Commission
shall consider and, if necessary, make recommendations as to the suitability or
otherwise of the dining and/or rest room facilities of a particular employer
before proceedings for breach of this clause and/or clause 46 may be taken.
37.8 Hanging Facilities - Each employer shall
at some reasonably convenient place on the employer’s premises provide proper
hanging facilities which afford reasonable protection for employees' clothes.
38. First-Aid Ambulance Chest
Every factory or
workshop shall have, in some accessible place, a first-aid ambulance chest
which shall be a suitable dust-proof receptacle made of either metal or wood
for the use of the employees. Such
chest shall be equipped and supplied with those articles prescribed by the
Occupational Health and Safety Regulation 2001, as amended from time to time.
39. Award Posted
A copy of this award
and its amendments when available shall be posted and kept posted by the
employer in a prominent place in the workshop or factory.
40. Industrial Committee
40.1 For the purposes of this award, power is
given to the Industrial Registrar to appoint an Industrial Committee.
40.2 An Industrial Committee shall consist of
two representatives of the Union, two representatives of the employer and the
Industrial Registrar or Deputy Industrial Registrar (as the case requires), or
such other person as the Industrial Registrar or the Deputy Industrial
Registrar may nominate as Chairperson of the Industrial Committee. In the event
of the representative members of the Industrial Committee being equally divided
in opinion, the Chairperson may cast a vote to give a majority decision.
40.3 Any person appointed a member of the
Industrial Committee by the Registrar may appoint a substitute to act in that
person’s stead at any time.
40.4 Three members, one of whom may be the
Registrar or Deputy Registrar or a Deputy therefore as provided in subclause
40.2, shall constitute a quorum.
40.5 An Industrial Committee may sit at such
times and places as the members may agree or the Registrar or Deputy Registrar
(as the case requires) may fix and may adjourn from time to time and from place
to place.
40.6 The functions of the Industrial Committee
shall be:
40.6.1 To settle disputes as to matters under this
award.
40.6.2 To deal with any dispute affecting the
amicable relations of the parties.
40.6.3 To hear and decide any dispute referred to it
by the Industrial Relations Commission of New South Wales as to or arising out
of the weekly output or task or any dispute referred to it by the Commission as
to the fixation of the amount of work to be done by employees, or any dispute
arising out of the fixation of the rates to be paid to payment-by-results
workers or outdoor workers.
40.7 The decision of the Industrial Committee
may be reviewed and altered by the Industrial Relations Commission of New South
Wales on the application of any party to this award, provided that notice of an
application to the Commission to review such decision be given within 14 days
of such decision and an application be lodged with the Registrar or Deputy
Registrar asking for such review within 21 days of such decision. The Commission may give extended time for
such notice and application at any time.
40.8 Nothing in this clause shall take away
from any party the right to apply to the Industrial Relations Commission of New
South Wales or to the court, given by the Industrial Relations Act 1996,
whether for a variation or an interpretation of this award.
41. Shop Stewards and Representatives
Shop stewards and
official union representatives shall be recognised by the employer and shall be
allowed time off during working hours to interview the employer if there is any
legitimate complaint. Shop stewards shall have reasonable access to a telephone
during working hours.
42. Uniforms
If an employer requires
an employee to wear a uniform they shall pay for the provision and cleaning of
such uniform .
43. Notice Boards
The employer shall make
facilities available in a prominent position in the workshop or factory, upon
which representatives of the Union shall be allowed to post union notices. Any
notice so posted shall be countersigned by the representative of the Union and,
in the absence of a countersignature, may be removed by the Union
representative or the employer.
44. Protective Clothing
Where any person is
required to work under wet or dirty conditions, suitable protective clothing,
including footwear, shall be supplied free of charge by the employer to the
employee concerned.
Any dispute as to the
necessity or suitability of such clothing shall be determined by the Industrial
Committee.
45. Tools of Trade
The employer shall
provide all necessary tools for employees in each workshop or factory.
46. Disability Allowance
46.1 Subject to subclauses 37.6.2 and/or 37.6.3
where a dining room and/or its facilities, in any establishment having more
than ten employees, are inadequate in that they do not satisfy the provisions
of subclause 37.6 the employer shall, in addition to the rates set out
elsewhere in this award, pay to each employee in that establishment a
disability allowance as set in Item 4 of Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates, per day for each day worked by such employee whilst
suffering such disability of inadequate conditions.
Where such dining
room and its facilities are only adequate for a lesser number of employees than
the required minimum prescribed by clause 37.6.1, the disability referred to
shall be deemed to have been suffered by the balance of the total employees in
that establishment taking a meal break at the one time. In such case the total
amount of the disability payments due to the number of employees who suffered
such disability shall be shared equally amongst all the employees in that
establishment.
46.2 Subject to subclauses 37.7.2 and/or 37.7.3
where a rest room and/or its facilities, in an establishment, are inadequate in
that they do not satisfy the provisions of clause 37.7 the employer shall, in
addition to the rates set out elsewhere in this award, pay to each female
employee in that establishment a disability allowance as set in Item 5 of Table
2 - Other Rates and Allowances, of Part B, Monetary Rates, per day for each day
worked by such employee whilst suffering such disability of inadequate
conditions.
The disability
referred to shall be deemed to have been suffered by all female employees in
that establishment during that period of their respective employment when the
rest room and its facilities were not of the prescribed standard.
Provided that an
employer shall not be held liable for payment of such disability allowance
should any of the equipment specified in subclause 37.7.1 supplied by the
employer be subsequently missing through no fault of such employer.
46.3 Any excess wages payable to an employee on
account of work performed or for any other reasons shall not be off-set against
the disability payments prescribed in this clause.
47. Bereavement Leave
47.1 An employee, other than a casual employee,
shall be entitled to up to two days bereavement leave without deduction of pay
up to and including the day of the funeral on each occasion of the death of a
person prescribed in subclause 47.3.
47.2 The employee must notify the employer as
soon as practicable of the intention to take bereavement leave and will provide
to the satisfaction of the employer proof of death.
47.3 Bereavement leave shall be available to
the employee in respect to the death of a person prescribed for the purposes of
personal/carer's leave as set out in clause 24.1.3(ii), Personal Carers Leave,
provided that for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
47.4 An employee shall not be entitled to
bereavement leave under this clause during any period in respect of which the
employee has been granted other leave.
47.5 Bereavement leave may be taken in
conjunction with other leave available under clauses 24.2, 24.3, 24.4, 24.5,
and 24.6. In determining such a request the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
47.6 Bereavement entitlements for casual
employees
47.6.1 Subject to the evidentiary and notice
requirements in 47.2 casual employees are entitled to not be available to
attend work, or to leave work upon the death in Australia of a person
prescribed in subclause 24.1.3(ii) of clause 24, Personal/Carer's Leave.
47.6.2 The employer and the employee shall agree on
the period for which the employee will be entitled to not be available to
attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The
casual employee is not entitled to any payment for the period of
non-attendance.
47.6.3 An employer must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of an employer to engage or not engage a casual
employee are otherwise not affected.
48. Accident Pay
48.1 An employer shall pay and an employee
shall be entitled to receive accident pay in accordance with this clause.
48.2 Definitions - For the purposes of this
clause and subject to the terms thereof the words hereunder shall bear the
respective definitions set out hereunder:
48.2.1 Workers' Compensation Act - The
Workers' Compensation Acts applicable in New South Wales are the Workers’
Compensation Act 1987 as amended from time to time, and the Workplace
Injury Management and Workers Compensation Act 1998 as amended from time to
time.
48.2.2 Injury - Injury shall be given the same
meaning and application as applying under the respective Workers’ Compensation
Acts. No injury occurring at the place
of employment shall result in the application of accident pay unless an
entitlement exists under such Acts .
48.2.3 Accident Pay -
(i) Total Incapacity - In the case of an
employee who is or is deemed to be totally incapacitated within the meaning of
the Workers Compensation Acts means a weekly payment of an amount
representing the difference between, on one hand, the total amount of
compensation, including other allowances, paid to the employee during
incapacity for the week in question and, on the other hand, the total weekly
award rate and weekly overaward payment, if any, being paid to such employee at
the date of the injury. Provided that, in making such calculation, any payment
for overtime earnings, shift premiums, attendance bonus, incentive earnings
under any system of payment of results, fares and travelling time allowances, penalty
rates and any other ancillary payments payable by the employer shall not be
taken into account.
(ii) Partial Incapacity - In the case of an
employee partially incapacitated within the meaning of the Workers’
Compensation Acts, means a weekly payment of an amount representing the
difference between, on the one hand, the total amount of compensation paid to
the employee during incapacity for the week in question, together with the
average weekly amount the employee is earning or is able to earn in some
suitable employment or business (as determined expressly or by implication by
the appropriate Accident or Workers' Compensation Tribunal or its equivalent in
the State or Territory of employment or as agreed between the parties) and, on
the other hand, the total weekly award rate and weekly overaward payment, if
any, being paid to such employee at the date of the injury. Provided that, in
making such calculation, any payment for overtime earnings, shift premiums,
attendance bonus, incentive earnings under any system of payment by results,
fares and travelling time allowances, penalty rates and any other ancillary
payments payable by the employer shall not be taken into account.
The total weekly
award rate and weekly overaward payment abovementioned shall be the same as
that applying for a total incapacity. Provided that, where an employee receives
a weekly payment of compensation under the Workers Compensation Acts and
subsequently such payment is reduced pursuant to the said Act, such reduction
shall not increase the liability of the employer to increase the amount of
accident pay in respect of that injury.
(iii) Payment for Part of a Week - Where an
employee receives accident pay and such pay is payable for incapacity for part
of a week the amount shall be a direct pro rata.
48.3 Qualifications for Payment - Always
subject to the terms of this clause, an employee covered by this award shall,
upon receiving payment of compensation and continuing to receive such payment
in respect of a weekly incapacity within the meaning of the Workers’
Compensation Acts, be paid accident pay by their employer who is liable to pay compensation under the respective
Acts. The liability by the employer for
accident pay may be discharged by another person on the employer’s behalf,
provided that:
48.3.1 Accident pay shall only be payable to an
employee whilst they remain in the employment of the employer by whom they were
employed at the time of the incapacity. Provided that if an employee on partial
incapacity cannot obtain suitable employment from their employer but such
alternative employment is available with another employer then the relevant
amount of accident pay shall still be payable.
Provided further
that, in the case of the termination by an employer of an employee who is
incapacitated and receiving accident pay, accident pay shall continue to apply
subject to the provisions of this clause except in those cases where:
(i) the termination is due to serious
and/or wilful misconduct on the part of the employee; or
(ii) arises from a declaration of liquidation
of the company, in which case the employee's entitlement shall be determined by
the appropriate New South Wales legislation.
In order to
qualify for the continuance of accident pay on termination an employee shall,
if required, provide evidence to their employer of the continuing payment of
weekly workers' compensation payments.
48.3.2 Accident pay shall not apply in respect of
any injury sustained during the first five normal working days of incapacity.
48.3.3 An employee on engagement may be required to
declare all workers' compensation and/or accident claims made pursuant to the
Acts as herein defined in the previous five years. In the event of false or inaccurate information being
deliberately and knowingly declared the employer may require the employee to
forfeit their entitlement to accident pay under this award.
48.4 Maximum Period of Payment - The maximum
period or aggregate of periods of accident pay to be made by an employer shall
be a total of 26 weeks for any one injury as defined in clause 48.2.2
48.5 Absences on Other Paid Leave - An employee
shall not be entitled to the payment of accident pay in respect of any period
of paid annual leave or long service leave or for any paid public holiday in
accordance with the appropriate award provisions.
48.6 Notice of Injury - An employee upon
receiving an injury for which the employee claims to be entitled to receive
accident pay shall give notice in writing of the injury to their employer and
of its manner of happening as soon as practicable and shall provide in writing
all other information as the employer may reasonably require.
48.7 Furnishing of Evidence - An employee who
has suffered any injury for which they are receiving payment or payments for
incapacity in accordance with the provisions of the respective Workers
Compensation Acts shall furnish evidence to the employer from time to time as
required by the employer of such payments.
Compliance with this obligation shall be a condition precedent to any
entitlement under this clause.
Any employee who
is receiving or who has received accident pay in respect of any injury shall,
if required by the employer or other person on the employer’s behalf, authorise
their employer to obtain any information required concerning such injury or
compensation payable from the insurance company.
48.8 Medical Examination - Nothing in this
clause shall in any way be taken as restricting or removing the employer's
rights under the respective Workers Compensation Acts to require the employee
to submit themself to examination by a legally qualified medical practitioner,
provided and paid by the employer. If
the employee refuses to submit themself to such examination or in any way obstructs
the same, the employee’s right to receive or continue to receive accident pay
shall be suspended until such examination has taken place.
Where in
accordance with the respective Workers Compensation Acts a medical referee
gives a certificate as to the condition of the employee and the employee’s
fitness for work or specifies work for which the employee is fit and such work
is made available by the employer and refused by the employee or the employee
fails to commence the work, accident pay shall cease from the date of such
refusal or failure to commence the work.
Where an employer
is unable to provide work of the nature stipulated by the medical referee, an
employee shall take all reasonable steps to obtain such work with another
employer and, in the event of the employee’s failure to do so, payment of
accident pay shall cease.
48.9 Redemption or commutation of Weekly
Payment - Where there is a redemption or commutation (as the case may be) of
weekly compensation payments by the payment under the respective Act of a lump
sum the employer's liability to pay accident pay shall cease as from the date
of such redemption or commutation.
48.10 Insurance Against Liability - Nothing in
this clause shall require an employer to insure against the employer’s
liability for accident pay nor shall it affect the right of an employer to
terminate the employment of the employee.
48.11 Variation in Compensation Rates - Any
changes in compensation rates under the respective Acts shall not increase the
amount of accident pay above the amount that would have been payable had the
rates of compensation remained unchanged.
48.12 Death of Employee - All rights to accident
pay shall cease on the death of an employee.
48.13 Safety Regulations - Without prejudice to
the terms of this clause the Union shall use its endeavours to have its members
carry out all statutory and other regulations applicable to the employment of
such members and to further carry out any orders relating to the preservation
of safety given by or on behalf of any employer of its members.
48.14 Superannuation - An employer shall pay
superannuation contributions paid in accordance with clause 55, Superannuation,
to an employee receiving accident pay in accordance with this clause.
49. Jury Service
An employee required to
attend for jury service during their ordinary working hours shall be reimbursed
by the employer, until discharged from such service, 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 the award classification rate the employee
would have received had the employee not been on jury service. An employee
shall notify their employer as soon as possible of the date upon which they are
required to attend for jury service. Further, the employee shall give their
employer proof of their jury service, the duration of such service and the
amount received in respect of such service.
Provided that where an
employee is working on afternoon shift and is required to attend for jury
service, and is empanelled or is required to remain until the afternoon session
of Court, the employee shall not be required to attend for work on the shift
occurring on that day and shall be entitled to reimbursement as indicated
above.
50. Blood Donors
A weekly employee who
is absent during ordinary working hours to attend a recognised clinic for the
purpose of donating blood shall not suffer any deduction of ordinary pay, up to
a maximum of two hours on each occasion and subject to a maximum of four
separate absences each calendar year. Provided that such employee shall
arrange, as far as practicable, for their absence to be as close as possible to
the beginning or the ending of their ordinary working hours.
Proof of the attendance
of the employee at a recognised place for the purpose of donating blood, and
the duration of such attendance, shall first be furnished to the satisfaction
of the employer. Further, the employee shall notify their employer as soon as
possible of the time and date upon which they are requesting to be absent for
the purpose of donating blood.
51. Attendance at Hospital
An employee suffering
an injury through an accident arising out of and in the course of the
employee’s employment (not being an injury in respect of which the employee is
entitled to workers' compensation) necessitating the employee’s attendance
during working hours at a doctor or at hospital, shall not suffer any deduction
from their pay for the time (not exceeding four hours) so occupied on the day
of the accident, and shall be reimbursed by the employer all expenses
reasonably incurred in connection with such attendance.
52. 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).
53. Introduction of Change
53.1 Employer's Duty to Notify -
53.1.1 Where an employer is planning to introduce
major changes in production, program, organisation, structure or technology
that are likely to have significant effects on employees, whether or not a
definite decision has been made, the employer shall notify the employees who
may be affected by the proposed changes, the Consultative Committee and their
union.
53.1.2 "Significant effects" include
termination of employment; major changes in the composition, operation or size
of the employer's workforce or in the skills required; the elimination or
diminution of job opportunities, promotion opportunities or job tenure; the
alteration of hours of work; the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs. Provided that where
the award makes provisions for alterations of any of the matters referred to
herein an alteration shall be deemed not to have significant effect.
53.2 Employer's Duty to Discuss Change -
53.2.1 The employer shall discuss with the employees
affected, the Consultative Committee and their union, inter alia, the
introduction of the changes referred to in clause 53.1.1, the effects the
changes are likely to have on employees, measures to avert or mitigate the
adverse effects of such changes on employees and shall give prompt
consideration to matters raised by the employees, the Consultative Committee
and/or their union in relation to the changes.
53.2.2 The discussions with employees affected, the
Consultative Committee and their union shall commence as early as practicable
after the activities referred to in subclause 53.1.1.
53.2.3 For the purposes of such discussion, the
employer shall provide in writing to the Consultative Committee, and to the
employees concerned and their union, all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees; provided
that any employer shall not be required to disclose confidential information
the disclosure of which would be inimical to the employer's interests.
54. Redundancy
54.1 Consultation and Provision of Information
-
54.1.1 Where an employer has made a definite
decision that the employer no longer wishes the job the employee has been doing
to be done by anyone and this is not due to the ordinary and customary turnover
of labour and that decision may lead to termination of employment, the employer
shall hold discussions with the employees directly affected and with their
Union.
54.1.2 The discussions shall take place as soon as
is practicable after the employer has made a definite decision which will
invoke the provisions of clause 54.1.1 and shall cover, inter alia, any reasons
for the proposed terminations, measures to avoid or minimise the terminations
and measures to mitigate any adverse effects of any terminations on the
employees concerned.
54.1.3 For the purposes of the discussion the
employer shall, as soon as practicable, provide in writing to the employees
concerned and their Union, all relevant information about the proposed
terminations including the reasons for the proposed terminations, the number
and categories of employees likely to be affected, and the number of workers
normally employed and the period over which the terminations are likely to be
carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would be inimical to the
employer's interests.
54.2 Transfer to Lower Paid Duties - Where an
employee is transferred to lower paid duties for reasons set out in clause
54.1.1, 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 lower ordinary time rates for the number
of weeks of notice still owing.
54.3 Severance Pay - In addition to the period
of notice prescribed for ordinary termination in clause 20.2, Terms of
Engagement, and subject to further order of the Industrial Relations Commission
of New South Wales, an employee whose employment is terminated for reasons set
out in clause 54.1.1 shall be entitled to the following amount of severance pay
in respect of a continuous period of service:
54.3.1 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
|
54.3.2 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
|
"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.
54.4 Employee Leaving During the Notice Period
- An employee whose employment is terminated for reasons set out in subclause
54.1.1, may terminate the employee’s employment during the period of notice
and, if so, shall be entitled to the same benefits and payments under this
clause 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.
54.5 Alternative Employment - An employer, in a
particular redundancy case, may make application to the Industrial Relations
Commission of New South Wales to have the general severance pay prescription varied
if the employer obtains acceptable alternative employment for an employee.
54.6 Time Off During Notice Period -
54.6.1 During the period of notice of termination
given by the employer for reasons set out in clause 54.1.1, an employee shall
be allowed up to one day's time off without loss of pay during each week of
notice for the purpose of seeking other employment.
54.6.2 If the employee has been allowed paid leave
for more than one day during the notice period for the purpose of seeking other
employment, the employee shall, at the request of the employer, be required to
produce proof of attendance at an interview or the employee shall not receive
payment for the time absent. For this purpose a statutory declaration will be
sufficient.
54.7 Notice to Centrelink - Where a decision
has been made to terminate employees in the circumstances outlined in subclause
54.1.1, the employer shall notify Centrelink thereof as soon as possible,
giving relevant information including the number and categories of the
employees likely to be affected and the period over which the terminations are
intended to be carried out.
54.8 Superannuation Benefits - Award
superannuation benefits payable upon termination shall not be used in lieu of
any severance payments made in accordance with this clause. Any non-award
superannuation benefit payable upon termination shall not be used in lieu of
any severance payments made in accordance with this clause, other than by
further order of the Industrial Relations Commission of New South Wales.
54.9 Transmission of Business -
54.9.1 Where a business is, before or after the date
of this award, transmitted from an employer (in this subclause called "the
transmittor") to another employer (in this subclause called "the
transmittee") and an employee who at the time of such transmission was an
employee of the transmittor in that business becomes an employee of the
transmittee:
(i) the continuity of the employment of the
employee shall be deemed not to have been broken by reason of such transmission;
and
(ii) the period of employment which the
employee has had with the transmittor or any prior transmittor shall be deemed
to be service of the employee with the transmittee.
54.9.2 In this subclause "business"
includes trade, process, business or occupation and includes part of any such
business, and "transmission" includes transfer, conveyance,
assignment or succession whether by agreement or by operation of law and
"transmitted" has a corresponding meaning.
54.10 Employees with less than 12 Months Service -
This clause shall not apply to employees with less than one year's continuous
service and the general obligation on employers should be no more than to give
the relevant employees an indication of the impending redundancy at the first
reasonable opportunity, and to take such steps as may be reasonable to
facilitate the obtaining by the employees of suitable alternative employment.
54.11 Employees Exempted - This clause shall not
apply where employment is terminated as a consequence of conduct that justifies
instant dismissal, including malingering, inefficiency, or neglect of duty or
in the case of casual employees, apprentices, or employees engaged for a
specific period of time or for a specified task or tasks.
54.12 Employers Exempted - Subject to an order of
the Industrial Relations Commission of New South Wales, in a particular
redundancy case, this clause shall not apply to employers who employ less than
15 employees.
54.13 Incapacity to Pay - An employer, in a
particular redundancy case, may make application to the Industrial Relations
Commission of New South Wales to have the general severance pay prescription
varied, on the basis of the employer's incapacity to pay within eight weeks of
the termination of the employee(s).
55. Superannuation
55.1 Preamble - Superannuation Legislation -
55.1.1 The subject of superannuation is dealt with
extensively by federal legislation, including the Superannuation Guarantee
(Administration) Act 1992, the Superannuation Guarantee Charge Act
1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 and s.124 of the Industrial
Relations Act 1996. This legislation, as varied from time to time, governs
the superannuation rights and obligations of the parties.
55.1.2 Notwithstanding subclause 55.1.1, the
following provisions shall also apply:
55.2 Definitions -
55.2.1 "The Fund", for the purposes of
this clause, shall mean the:
(i) Australian Retirement Fund established
and governed by a Trust Deed on 11 July 1986, as may be amended from time to
time, and includes any superannuation scheme which may be made in succession
thereto; or
(ii) subject to the agreement of the
Secretary of the Union and its members, an employer- sponsored fund established
prior to 1 July 1987 which complies with the Superannuation Industry
(Supervision) Act 1993, and as set out in clause 55.7.2.
55.2.2 "Ordinary-time Earnings" - For the
purposes of this clause, all references to ordinary-time earnings will mean and
include:
(i) award skill level or classification
rate;
(ii) supplementary payment (where relevant);
(iii) overaward payment;
(iv) shift loading - including weekend and
public holiday penalty rates earned by shift employees on normal rostered
shifts forming the ordinary hours of duty, not when worked as overtime;
(v) payment by results earnings;
(vi) all non-reimbursable allowances payable
under the award.
55.2.3 "The Table", for the purposes of
this clause, means the following table:
Financial Year
|
Percentage
|
|
Column A
|
Column B
|
1992-93 (1 July - 31
December)
|
4
|
3
|
1992-93 (1 January -
30 June)
|
5
|
3
|
1993-94
|
5
|
3
|
1994-95
|
5
|
4
|
1995-96
|
6
|
5
|
1996-97
|
6
|
6
|
1997-98
|
6
|
6
|
1998-99
|
7
|
7
|
1999-2000
|
7
|
7
|
2000-01
|
8
|
8
|
2001-02
|
8
|
8
|
2002-03 and
subsequent years
|
9
|
9
|
(i) Column A in the table above specifies
the charge percentages where the employer's national payroll for the base year
(the 1991-92 financial year) exceeded $1,000,000.
(ii) Column B in the table above specifies
the charge percentage where the employer's national payroll for the base year
(the 1991-92 financial year) did not exceed $1,000,000.
(iii) Subject to amendments to the charge
percentages prescribed in the Superannuation Guarantee (Administration) Act
1992 (SGA Act), the above table is deemed to be changed to reflect amendments.
55.2.4 Red Circled Employee - For the purpose of
this clause, a Red Circled Employee is an employee who was:
(i) in the employ of an employer at 30 June
1995; and
(ii) whose ordinary-time earnings were less
than $380.60 at 30 June 1995; and
(iii) the employee's superannuation
entitlements prior to 30 June 1995 were greater than the superannuation
percentage requirements under the Superannuation Guarantee (Administration)
Act 1992.
A Red Circled
Employee's superannuation entitlements are detailed in subclause 55.5.
55.3 Employers to Become a Party to the Fund -
55.3.1 A respondent employer shall make application
to the fund to become a participating employer in the fund and shall become a
participating employer upon acceptance by the Trustee of the fund.
55.3.2 A respondent employer shall provide each
employee who is not a member of the fund with a membership application form
upon commencement of this clause and thereafter upon commencement of
employment.
55.3.3 Each employee shall be required to complete
the membership application and the employer shall forward the completed
application to the fund by the end of the calendar month of commencement of
this clause or commencement of employment.
55.4 Eligibility of Employees -
55.4.1 Each employee shall be eligible to join the
fund upon commencement of employment.
55.4.2 Each employee shall be eligible to receive
contributions from the date of eligibility, notwithstanding the date the
membership application prescribed in clause 55.3.3 was forwarded to the fund.
55.5 Employer Contributions on Behalf of Each
Employee -
55.5.1 Notwithstanding the provisions of subclause
55.5.2, and the legislation referred to therein, a respondent employer must
contribute to the fund in respect of each employee, irrespective of the age
and/or earnings of the employee, such contributions as required to comply with
the Superannuation Guarantee (Administration) Act 1992 and the Superannuation
Guarantee Charge Act 1992. Failure to comply with this paragraph shall
constitute a distinct and separate breach of this paragraph.
55.5.2 Red Circled Employee - A Red Circled Employee
must not be disadvantaged in the provision of their superannuation entitlements
by employers transferring from the Stage 1 system to the Stage 2 system of
calculation of superannuation obligations outlined below.
For the purpose of
this clause, an employee will be deemed to be a Red Circled Employee if:
(i)
(1) in the employ of an employer at 30 June
1995; and
(2) whose ordinary-time earnings were less
than $380.60 at 30 June 1995; and
(3) the employee's superannuation
entitlements prior to 30 June 1995 were greater than the superannuation
percentage requirements under the Superannuation Guarantee (Administration)
Act 1992.
(ii) The system of calculating a Red Circled
Employee's full superannuation entitlements must be the Stage 1 system outlined
in clause 55.5.2 (iiii)(1), until such time as the employee's full
superannuation entitlements would be equal to or greater under the Stage 2
system of calculation outlined in clause 55.5.2(iii)(2).
(iii)
(1) The Stage 1 system of calculating an
employer's full superannuation obligations for an employee is by the provision
of superannuation contributions as follows:
Full-time Adult
|
$14.00 per week
|
Juniors and
Apprentices
|
$10.50 per week
|
|
|
Part-time and Casual:
|
|
|
|
working up to 30
hours per week
|
$10.50 per week
|
working 30 hours or
more per week
|
$13.50 per week; and
|
(A) 1.32 per cent of ordinary-time earnings as
defined in clause 55.2.2 if the employer's payroll was in excess of $1,000,000
as at 1 July 1992; or
(B) 0.32 per cent of ordinary-time earnings
as defined in clause 55.2.2 if the employer's payroll was less than $1,000,000
as at 1 July 1992.
(2) Subject to the provisions of clause
55.5.2(ii), the Stage 2 method of calculating an employer's full superannuation
obligations for an employee is by applying the relevant percentage as outlined
in the table located in clause 55.2.3 to the employee's ordinary-time earnings.
Failure to comply
with this subclause shall constitute a distinct and separate breach of this
subclause.
55.5.3 Such contribution shall be made monthly by
the last day of the month following, the total of the weekly contribution
amounts accruing in the previous month in respect of each employee.
The amount of
contributions to the fund shall be calculated to the nearest ten cents, and any
fraction below five cents shall be disregarded.
55.5.4 The fund and the amount of contributions paid
in accordance with this clause and clause 55.6 shall be included in pay advice
notices provided by employers to each employee.
55.5.5 Contributions shall continue to be paid in
accordance with this subclause during any period in respect of which an employee
is entitled to receive accident pay in accordance with clause 48, Accident Pay.
55.5.6 Unpaid Absences - Except as where specified
in the rule of the fund, contributions by respondent employers in respect of
unpaid absences will be proportional to the wage received by the employee
concerned in a particular pay period. For the purpose of this clause, each pay
period will stand alone. Accordingly, unpaid absences in one pay period will
not carry over to another pay period.
55.5.7 Cessation of Contributions - A respondent
employer's obligation to make contributions on behalf of the employee ceases on
the last day of employment with the employer.
55.6 Employee Contributions -
55.6.1 An employee may make contributions to the
fund in addition to those made by the respondent employer under clause 55.5.
55.6.2 An employee who wishes to make additional
contributions must authorise the respondent employer in writing to pay into the
fund, from the employee's wages, amounts specified by the employee in
accordance with the fund's Trust Deed and Rules.
55.6.3 An employer who receives written
authorisation from the employee must commence making payments into the fund on
behalf of the employee within 14 days of receiving the authorisation.
55.6.4 An employer may vary the additional employee
contributions by a written authorisation and the employer must alter the
additional contributions within 14 days of receiving the authorisation. An
employee may only vary the employee’s additional contributions once each month.
55.6.5 Additional employee contributions to the
fund, requested under this subclause, shall be expressed in whole dollars.
55.7 Exemptions -
55.7.1 An employer may make an application for
exemption from subclause (f) of this clause in respect of contributions to the
fund for employees who are not members of the Union.
Applications for
exemption shall be determined in accordance with the Superannuation Test Case
(Print L5100) and the December 1994 State Wage Case principles or any decision
made in succession thereto.
55.7.2 It is recorded that the scheme specified in
the first column hereunder is a scheme to which this paragraph applies and that
the agreement of the Union and its members has effect on and after 1 July 1987.
(1)
|
(2)
|
(3)
|
Name of Scheme
|
Covered
|
Date of Effect of
Union
|
|
|
Agreement
|
Pacific Dunlop
|
|
1 July 1987
|
Superannuation Fund
|
|
|
56. Enterprise Bargaining
56.1 The parties to this award are committed to
co-operating positively to increase the efficiency, productivity and
international competitiveness of the clothing industry to enhance the career
opportunities, quality of working life and job security of workers in the
industry.
56.2 An employer, employees and the Union may
develop an enterprise bargaining agreement in accordance with the provisions of
this clause and Schedule E or such other procedures that are agreed in writing
between the employer and the Secretary of the Union. The agreement shall, to
the extent of any inconsistency, take precedence over any provisions of this
award.
56.3 In each workplace in the clothing industry
seeking to develop an enterprise bargaining agreement, an employer, employees
and the Union shall establish a consultative committee in accordance with
Schedule E or such other procedures that are agreed in writing between the
employer and the Secretary of the Union.
56.4 The basis for the work of the consultative
committee shall be to consider matters raised by committee members which impact
on employees and/or which contribute to the improved operation and efficiency
of the enterprise as outlined in clause 56.1.
56.5 The matters raised for inclusion in an
enterprise bargaining agreement may, amongst other things, involve:
* spread of hours
* shift work
* job redesign and work organisation
* work related childcare
* vocational training
* English language training
* foundation education training
* arrangement of leave
* operation of payment by results
systems
* occupational health and safety
* leave for special purposes
* parental leave
* job sharing
56.6 An enterprise bargaining agreement shall
not act to:
56.6.1 reduce the award rate in
accordance with clause 6, Rates of Pay;
56.6.2 increase the ordinary hours of
work in any roster system beyond an average of 38 hours per week;
56.6.3 reduce the quantum of meal money
in accordance with clause 17, Meal Money;
56.6.4 reduce the number or duration of
rest periods contained in clause 18, Rest Period;
56.6.5 reduce the quantum of period of
notice in accordance with clause 20, Terms of Engagement;
56.6.6 reduce the quantum of annual
leave and annual leave loading in accordance with clause 21, Annual Leave;
56.6.7 reduce the quantum of sick leave
entitlement in accordance with clause 23, Sick Leave;
56.6.8 reduce the quantum of holidays in
accordance with clause 28, Holidays;
56.6.9 affect the provisions of clauses
31, Contract Work, 32, Outworkers, and 33, Registration of Employers, for the
purpose of clauses 31 and 32;
56.6.10 reduce the quantum of bereavement
leave in accordance with clause 47, Bereavement Leave;
56.6.11 reduce the quantum of accident make
up pay in accordance with clause 48, Accident Pay;
56.6.12 reduce the quantum of unpaid leave
in accordance with clause 52, Parental Leave;
56.6.13 reduce the quantum of severance pay
in accordance with clause 54, Redundancy;
56.6.14 reduce the quantum of
superannuation contributions in accordance with clause 55, Superannuation.
57. Anti- Discrimination
57.1 It is the intention of the parties bound
by this award to seek to achieve the object in section 3(f) of the Industrial
Relations Act 1996 to prevent and eliminate discrimination in the
workplace. This includes discrimination
on the grounds of race, sex marital status, disability, homosexuality,
transgender identity age and responsibilities as a carer.
57.2 It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It
will be consistent with the fulfilment of these obligations for the parties to
make application to vary any provision of the award which, by its terms or operation,
has a direct or indirect discriminatory effect.
57.3 Under the Anti-Discrimination Act
1977, it is unlawful to victimise an employee because the employee has made or
may make or has been involved in a complaint of unlawful discrimination or
harassment.
57.4 Nothing in this clause is to be taken to
affect:
57.4.1 any conduct or act which is specifically
exempted from anti-discrimination legislation;
57.4.2 offering or providing junior rates of pay to
persons under 21 years of age;
57.4.3 any act or practice of a body established to
propagate religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
57.4.4 a party to this award from pursuing matters
of unlawful discrimination in any State or Federal jurisdiction.
57.5 This clause does not create legal rights
or obligations in addition to those imposed upon the parties by legislation
referred to in this clause.
NOTES:
(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".
58. Area, Incidence and Duration
58.1 This award is made following a review
under section 19 of the Industrial Relations Act 1996 and replaces the
Clothing Trades (State) Award published 19 October 2001 (328 I.G. 952), and all
variations thereof.
58.2 The award published 19 October 2001 took
effect from the beginning of the first pay period to commence on or after 2
July 2001. The award remains in force
until varied or rescinded, the period for which it was made having already
expired.
58.3 It shall apply to employees referred to in
clause 6, Rates of Pay, within the jurisdiction of the Clothing Trades (State)
Industrial Committee.
58.4 The changes made to the award pursuant to
the Award Review pursuant to section 19(6) of the Industrial Relations Act
1996 and Principle 26 of the Principles for Review of Awards made by the
Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G.
359) take effect on and from 18 January 2008.
59. Appendix A - Form of Indenture of Apprenticeship
This indenture, made
the .................. day of ................ 20 .............. between
employer, apprentice, and their executors, administrators or assignees,
witnesses that the said employer does hereby covenant with the said apprentice,
and the said parent or guardian, that he or she, the said employer will:
(a) Take and receive the said apprentice as
his or her apprentice for the full term of .......... years from the .........
day of ........... 20 .........
(b) To the best of his or her power,
knowledge and ability to teach and instruct, or cause to be taught and
instructed, the said apprentice in the art and craft of ....................
(c) Pay to the said apprentice (during such
time as he or she shall observe and perform the term of this indenture) at
least the wage set forth in this award.
(d) Pay to the said apprentice such further
rates for overtime worked as may be fixed by this award.
(e) Within 14 days from the date hereof,
place the said apprentice under the direction of a qualified person.
(f) On completion of the term herein named,
hand over to the said apprentice a copy of this indenture, with a certificate
to the effect that the said term has been served. Provided that this shall be
conditional on the said apprentice serving the said term and observing and
fulfilling the covenants herein,
and the said apprentice
and parent or guardian does covenant with the said employer that he or she, the
said apprentice, during the said term will:
(a) Faithfully and honestly serve the said
employer as an apprentice in his or her trade or business aforesaid.
(b) Willingly obey the lawful order and
commands of the said employer or such of his or her representatives as he or
she, the said apprentice, shall be placed under the said business.
(c) Not wilfully do or commit or wilfully
suffer to be done or committed, any waste, damage or other injury to the
property or goods of the employer or any firm or company of which he or she may
be a member, or lend them to any person without the consent of the said
employer.
(d) Not unlawfully absent himself or herself
from the services of the said employer during business hours.
(e) Not by word or action induce other
apprentices to disobedience, and it is hereby specially agreed by all parties
to this indenture -
(i) That this indenture may be assigned,
suspended or cancelled:
(1) by mutual consent of the parties after
seven days notice by either party; or
(2) by the employer, subject to the approval
of the Industrial Committee if, through lack of orders or through financial
difficulties, he or she is unable either to find suitable employment for the
apprentice or a transfer to another employer cannot be arranged; or
(3) by the Industrial Committee.
(ii) That the said apprentice shall not be
paid for any time he or she shall be absent from his or her duties through his
or her own wilful default and neglect or through illness, except as prescribed
in clause 23, Sick Leave, or through absenting himself or herself from his or
her employer's service without leave or licence, but in all other circumstances
the said apprentice shall be paid his or her wage in full each week.
(iii) That the employer may (if authorised by
the Industrial Committee) stand down the apprentice without pay at any time
when no work is offering or may deduct payment for any time for which the
apprentice cannot be usefully employed because of a strike by the Union or any
other union, or because of any stoppage of work, or because of any failure or
lack of power or any restrictions on the use of, or shortage of power, or for
any cause for which the employer cannot reasonably be held responsible.
(iv) That the said apprentice shall not be
entitled to a higher rate of pay until he or she has actually worked for a
period of six months in the next preceding rate.
(v) That, in computing the period of six
months, all time worked as overtime shall be allowed as a set-off against any
absence during the said period.
(vi) On the completion of the term of
apprenticeship created by the indenture of apprenticeship the employer shall
forthwith endorse and sign the former apprentice's copy of the indenture with
the notation that the apprenticeship was completed on the ............. day
of.............. 20 ..................
And for the true
performance of all and every of the said covenants and agreements each of the
said parties binds himself or herself (as the case may be) to the others by
these presents. Signed, sealed and delivered by the said
Witness:
....................................................
Apprentice
Witness:
....................................................
Parent or Guardian
Witness:
......................................................
Employer
Assignment of the
Within Indentures:
The within-named
employer does hereby, with the consent of ................................
(parent), assign the within indenture and the services thereunder of the
within-named
apprentice,
.......................... unto .....................................
of ...................................
for .........................the unexpired portion of the within-named terms of
...........and the said ..................... does hereby declare its
acceptance of such apprentice, and acknowledge itself to be bound by the
agreement, engagement, obligations and covenants on the part of the employer of
such apprentice, to be done and performed as fully as if it had entered into
the same as a party under that indenture.
In witness whereof the
parties hereunto have set their hands and seals
this
....................... day of .................... two thousand and
................................
Signed, sealed and
delivered by the said:
Witness:
......................................................
Employer
Witness:
.......................................................
Parent
Witness:
........................................................
Apprentice
Witness:
.........................................................
Assignee Employer
60. Appendix B
- Form of Declaration - Amenities
60.1
60.1.1 The terms "reasonably convenient to the
working area" as applied to dining rooms in clause 37.6, Amenities, and to
rest rooms in subclause 37.7 shall mean that, in any building where no
passenger lift is available to the employees, the dining and/or rest room may
be located on the same floor as the working area or on the floor immediately
above or below the working area.
60.1.2 Where the dining room and/or rest room is
more than one floor but less than three floors removed either above or below
the working area in any building where no passenger lift is available to the
employees, the location shall be deemed to be reasonably convenient if it meets
with the approval of the Union and a written declaration to this effect, signed
by the employer concerned and by an authorised representative of the Union, in
the form as hereinafter contained, is lodged with the Industrial Registrar or a
Deputy Industrial Registrar. In the
event of the employer being unable to obtain the approval of the union the
matter may be referred to the Industrial Relations Commission of New South
Wales, which shall then determine whether or not the location is reasonably
convenient. If the Commission determines that the location is reasonably
convenient it shall make a written declaration to this effect.
60.1.3 Where the dining room and/or rest room is
three or more floors removed either above or below the working area in any
building where no passenger lift is available to the employees, the location
shall be deemed not to be reasonably convenient.
60.2 Where a dining room is located so as to
require employees to move in the open without shelter, or to require employees
to traverse a considerable distance from the working area or part of the
working area to the dining room, the Union or the employer concerned may apply
to the Industrial Committee to determine whether or not the location of the
dining room is reasonably convenient.
If the Committee determines that the location is reasonably convenient,
it shall make a written declaration to this effect. Provided that if the Committee determines that the location is
not reasonably convenient, the disability allowance as provided in clause 46,
Disability Allowance, shall only be payable as from the date of such decision
of the Committee.
60.3 Where, pursuant to subclause 37.7.1
Amenities, a common rest room with the approval of the Union is provided for
the employees of two or more employers, such rest room shall be deemed to be
"reasonably convenient" to the working area and a written declaration
to this effect signed by the employer concerned and a representative of the
union in the form provided herein shall be lodged with the Industrial Registrar
or a Deputy Industrial Registrar.
60.4 Where the Union considers the passenger
lift facilities, where provided, to be unsatisfactory the matter may be
referred to the Industrial Relations Commission of New South Wales for
determination.
60.5 Any declaration made pursuant to the above
provisions shall continue to apply until revoked by the parties, the Committee
or the Industrial Relations Commission of New South Wales, in the event of a
significant change in circumstances to those existing as at the date of the
declaration.
FORM OF DECLARATION - CLOTHING TRADES AWARD -
AMENITIES
This declaration made
the ............................ day of ........................ 20 .........
by The Transport Workers’ Union of New South Wales and employer(s) declares
that the dining room(s) and/or rest room(s) at the premises of the above
employer(s) situated at ............................ as at the date of this
declaration shall be deemed to be acceptable and "reasonably
convenient" to the working area for the purpose of clause 37, Amenities,
of the Clothing Trades (State) Award.
Signed:
..............................
For and on behalf of The Transport Workers’ Union of New South Wales.
...............................
For and on behalf of the employer.
61. Schedule A - Consultative Committees
(Subject to the
provisions of the Industrial Relations Act 1996)
61.1 Composition -
61.1.1 A consultative committee shall include:
at least 50%
Union/employee representatives; and
at least one
senior management representative.
61.1.2 Management, the Union and the employees will
jointly determine the size of the committee.
A committee shall consist of no fewer than four members and no more than
ten.
61.1.3 The election/appointment of management
representatives will be determined by management, and the election of
Union/employee representatives will be determined by the Union. Where there is
a Union delegate they must be a Union/employee representative.
61.1.4 In the determination of Union/employee
representatives on the committee, consideration shall be given to:
* the makeup of the workforce, in
particular the proportion of women, people from a non-English speaking
background and juniors;
* the size of the workforce;
* the number of distinct operations at
the workplace;
* shift arrangements;
* the corporate structure;
* other existing consultative
mechanisms.
61.1.5 Where an enterprise is comprised of a number
of sites or distinct workplaces, the number of committees to be established
shall be determined jointly by management and the Union, depending on the size
and operation of the enterprise and its separate components. Should more than
one committee be established, a peak committee shall be established to ensure a
co-ordinated approach.
61.1.6 The committee, once established, may invite
persons to attend specific meetings.
61.1.7 An official of the Union shall have a right
to be present and participate in the deliberation of the committee.
61.2 Term of Office -
61.2.1 Members elected or appointed to the committee
shall hold office for a period of twelve months, and will be required to be
re-elected or re-appointed each subsequent year. It is the responsibility of
each committee member to attend meetings on a regular basis and to represent
the views and opinions of those people they represent.
61.2.2 If a member of the committee ceases
employment with the enterprise or resigns from the committee, a new election or
appointment shall be made in accordance with 61.2.1.
61.3 Terms of Reference - The following matters
shall form the basis for the work of the committees. Each committee will seek
to reach agreement on the matters set out below and make recommendations to
senior management who will take into account the views and the deliberations of
the committee prior to making its final decisions:
61.3.1 To implement the restructured award in the
workplace.
61.3.2 To review the implications and/or impact on
the enterprise of major external influences, including the Australian
Government textile, clothing and footwear industries development plan.
61.3.3 To consider the introduction of new or
revised work methods/work arrangements.
61.3.4 To give consideration to the impact of
technological change and other significant changes in the organisation or
workplace, with regard to:
number of
employees, job specifications and current skill base; and
acquisition of new
skills and additional training requirements.
61.3.5 To develop a framework for skills development
and provisions of training within the workplace, including English language
training and the provision of foundation education.
61.3.6 To assess proposed changes in product or
product orientation for possible impact on work method/work arrangements,
employment and skill requirements.
61.3.7 To give consideration to equal employment
opportunity principles in the context of award restructuring in the workplace.
61.3.8 To consider the provision of work related
child care and, in particular, the Australian Government work based child care
program.
61.3.9 To consider other matters raised by
consultative committee members which impact on employees or which contribute to
the improved operation and efficiency of the enterprise.
61.4 Procedural Guidelines -
61.4.1 Chairperson - A chairperson shall be elected
by the committee from within the committee and shall alternate each meeting
between management and Union/employee representatives.
61.4.2 Secretary - A Secretary shall be appointed
for the purposes of recording minutes, preparation and distribution of agendas
and other administrative duties. The administrative requirements of this position
shall be provided by the employer. The
person appointed to this position shall not be a member of the committee.
61.4.3 Agenda - All members of the committee shall
have a right and a responsibility to submit agenda items. The agenda, minutes
and any relevant background documentation shall be circulated one week prior to
the meetings.
61.4.4 Preparation - Reasonable time in working
hours shall be provided to Union/employee representatives for the purpose of
preparing for the meeting. Union/employee representatives and an official of
the Union may, at a time convenient to the employer, during working hours, hold
meetings with the workforce or part of the workforce prior to meetings of the
committee.
61.4.5 Meetings - The committee shall meet at least
every two months, unless the committee determines that it shall meet on a more
frequent basis.
The meetings of
the committee shall be held at a place and time convenient to management, but
shall be held during normal working hours. Attendance at committee meetings
shall be treated as and paid for as time worked.
A reasonable time
limit shall be placed on the length of meetings. Enough time shall be provided
to adequately deal with the agenda items. Meetings shall operate on a consensus
basis.
61.4.6 Minutes - The Secretary of the committee
shall minute the proceedings of each meeting of the committee. The minutes
shall be circulated to each member of the committee within one week of the
meeting, verified by committee members prior to the next meeting, and signed by
the chairperson at the next meeting of the committee as a true and correct
record of the proceedings of the committee.
61.4.7 Future Meetings - The date of the next
meeting of the committee shall be set at the close of the previous meeting.
61.4.8 Confidentiality - All members of the
Consultative Committee and the Secretary of the committee shall accept that,
whilst the spirit of genuine consultation is to be paramount, at no time shall
the committee have placed before it any matter, the confidentiality of which is
in the company's best interests, or where confidentiality has been specifically
agreed with a third party.
61.4.9 Management Response - Senior management must
formally respond to the committee's recommendations. Normally this will take
place prior to the next meeting of the committee.
61.5 Feedback -
61.5.1 The minutes of the meetings of the committee
shall be kept by the Secretary of the committee and shall be available upon
request to any employee or any other person approved by the committee. As a
matter of course, minutes shall be forwarded to the Secretary of the Union.
61.5.2 Minutes of the committee meeting shall be
posted on the noticeboards after ratification by the meeting.
61.5.3 Reasonable time in working hours shall be
provided to Union/employee representatives for the purpose of reporting back on
items raised and agreements reached at the meeting. Union/employee
representatives may, at a time convenient to the employer, during working
hours, hold meetings with the workforce or part of the workforce following
meetings of the committee.
A reasonable time
limit shall be placed on the length of meetings. Enough time shall be provided
to adequately deal with the agenda items. Meetings shall operate on a consensus
basis.
61.6 Training - All members of the committee
shall be entitled to training in meeting procedures and relevant related skills
required to ensure that they are in a position to represent their constituents
and play an active role in the operation of the committee. The nature, time and
extent of training provided shall be determined between management and the
Union.
61.7 Evaluation - A review of these procedures
shall be conducted at the end of each twelve months’ operation.
62. Schedule B - Request to the Union By the
Outworker to Reduce the Number of Hours Worked Part-Time
Please complete in
English
Outworker's Name:
.................................................
Address:
...................................................................
...................................................................
Telephone:
........................................................................
Employer's Name:
.........................................
Address:
...........................................................................
............................................................................
Telephone:
.......................................................
Registration Number:
........................................
I wish to reduce the
number of hours I work on a part-time basis to a minimum of 15 hours per week
over 12 months, starting on
............................................................
Outworker's Signature
............................................................
Date
Please send this form
to the Secretary of The Transport Workers’ Union of New South Wales. A copy, signed by the Secretary of the
Union, will be returned to
the outworker.
..............................................................
Secretary's Signature
...............................................................
Date
63. Schedule C - Information to be Given to
Outworkers
If you work at home or
outside a factory making garments or parts of garments or sewing sheets, etc.,
you may be an outworker.
If you are an
outworker, you are entitled to the same wages and conditions, in general, as
workers in clothing factories.
The Clothing Trades
(State) Award sets out legally enforceable rights and obligations. This applies to all outworkers, including
employees, independent contractors, and holders of business name registrations.
According to this law,
some of the entitlements outworkers must receive are set out below:
Hours of Work - An
outworker may only be employed to work full-time, which is 38 hours a week, or
part-time, which must be at least 15 hours per week. The hours must be agreed
to in advance by the outworker and the employer. This means you are guaranteed payment for the agreed number of hours
per week, even if you are not given any work, unless you are stood down in
accordance with the award.
You cannot be required
to work on Saturdays, Sundays or public holidays. You may agree to work on
those days if asked to do so by your employer. You will have to be paid
overtime rates if you do work on those days.
As a full-time or
part-time worker, you can only be required to work seven hours and 36 minutes
each day. If you are asked by your employer to work more than this number of
hours, you must be paid overtime. This
means that, even if you are paid by the piece, you cannot receive less than the
hourly award rate of pay.
Overtime - If you agree
to work more than seven hours and 36 minutes in a day, Monday to Friday, you
must be paid one and a half times the normal hourly rate for each hour over the
seven hours and 36 minutes. For every
hour you agree to work on a Saturday, Sunday or public holiday, you must be
paid double the normal hourly rate.
Wages - According to
law, as at 23 July 2007 the usual weekly wage for 38 hours, Monday to Friday is
$563.60. The hourly rate is $14.83.
Remember, the law says you must not be paid less than the hourly rate
according to the award.
Annual Leave (Holidays)
- You are entitled to annual leave. You should get 20 working days paid leave
for every year you work full-time. You should be paid before you go on
holidays, and this holiday pay should include an extra amount - a holiday leave
loading - of 17.5 per cent of your pay.
This amount of annual leave for part-time workers depends on the hours you
work in a 12-month period. The Transport Workers’ Union of New South Wales or
Department of Industrial Relations or Australian Business Industrial will help
you to work this out. Payment for
public holidays (such as Christmas or New Year's Day), which occur when you are
on leave, should be added on to your holiday pay.
Public Holidays - If
you normally work on a day on which a public holiday falls, you should receive
a day's pay without working on that day.
The public holidays that apply in New South Wales are New Year's Day (1
January), Australia Day (26 January), Good Friday, Easter Saturday, Easter
Monday and Easter Tuesday in March or April, Labour Day, ANZAC Day (25 April),
Queens Birthday in June, Christmas Day and Boxing Day (25 and 26 December).
Superannuation - By
law, your employer has to make a superannuation contribution of up to eight per
cent to an approved fund, for you. Normally this would be the Australian
Retirement Fund, which is approved by both union and employer organisations The
Transport Workers’ Union of New South Wales or Department of Industrial
Relations or Australian Business Industrial will help you to work this out.
Workers' Compensation -
If you become ill or suffer injury as a result of the work you do you may be
entitled to workers' compensation, which helps you pay for any treatment you
might need to get better, and for time off work. The laws covering workers' compensation in New South Wales are
the Workers’ Compensation Act 1987 and the Workplace Injury
Management and Workers Compensation Act 1998. It is important that you contact The Transport Workers’ Union of
New South Wales or Department of Industrial Relations or Australian Business
Industrial for information and help to make a claim.
Materials - Your
employer must provide all necessary materials, trimmings and sewing threads for
the work you are doing.
Delivery and Pick Up -
The employer must deliver and pick up the work free of charge to you.
Record of Work - Every
time you receive work you should keep a record. This should show:
* employer's name, address and telephone
number;
* the date you receive the work and the
date the work was completed;
* the number of hours and days it took
to do the work;
* the number of items, what the item is
and how long it took to make each item;
* the total amount of money paid for the
completed work.
For further information
on your rights and entitlements, please contact one of the following
organisations:
The Transport
Workers’ Union of New South Wales
28 Anglo Road,
Campsie NSW 2194. Tel. (02) 97895233.
Fax (02) 9787
1561. Email: tcfuansw@tcfua.org.au
Australian
Business Industrial, 140 Arthur Street, North
Sydney NSW 2059.
Tel. (02) 9548 7500.
Department of
Industrial Relations, 1 Oxford Street, Darlinghurst NSW 2010. Tel. (02) 9243
8888.
64. Schedule D - Broadbanding Arrangements*
Former transitional
wages classification system to facilitate the introduction of skill levels in
1994. Retained for historical reference only.
Group A - Order
Tailoring for Males - The weekly wage for every description of work done in
connection with the making and/or altering and/or repairing and/or work
incidental thereto of all male outer garments of any description (including
dressing gowns) cut and made to chart measure or cut and made to an individual
measure and garments that are fitted on shall be as follows
|
|
Wage band No
|
1
|
Cutter, marking in
and/or cutting out
|
5
|
2
|
Trimmer, marking in
and/or cutting out linings and trimmings
|
3B
|
3
|
Fitter up and/or
shaper
|
3B
|
4
|
Head of table or
bench of machines in charge of four or more
|
As set in Item 1
|
|
persons - above
appropriate machinist rate
|
of Table 2of Part B
|
5
|
Tailor or tailoress
employed making and/or altering coats by hand or
|
4
|
|
by machine and who in
the ordinary course of employment is
|
|
|
performing similar
work to that ordinarily performed by an order
|
|
|
tailor
|
|
6
|
Coat maker engaged on
three of any of the following operations:
|
3B
|
|
(a)
|
canvassing fore-parts
by hand;
|
|
|
(b)
|
basting-under,
basting out facings by hand;
|
|
|
(c)
|
inserting pads,
basting on undercollars and basting in
|
|
|
|
sleeves for try on;
|
|
|
(d)
|
hand felling top
collars;
|
|
|
(e)
|
basting-in sleeves by
hand and working sleeve heads.
|
|
7
|
Employees employed
making and/or altering by hand or by machine
|
3B
|
|
any part of a dress
coat, tuxedo, frock coat, dinner jacket, or body
|
|
|
coats of all
descriptions
|
|
8
|
Coat table hand or
coat machinist
|
2B
|
9
|
Trouser hand or
trouser machinist
|
2A
|
10
|
Vest table hand or
vest machinist
|
2A
|
11
|
Embosser,
embroiderer, cornelli worker
|
2B
|
12
|
Presser, pressing off
and/or underpressing
|
3A
|
13
|
Examiner examining
for faults in construction
|
3B
|
14
|
All others not herein
classified
|
3B
|
Group B - Order
Tailoring for Females - The weekly wage for every description of work done in
connection with order tailoring for females, which includes the making and/or
altering and/or repairing and/or work incidental thereto of tailored female
outer garments cut and made to chart measure or cut and made to an individual
measure and garments that are fitted on, shall be as follows:
15
|
Cutter marking in
and/or cutting out
|
5
|
16
|
Trimmer marking in
and/or cutting out linings or trimmings
|
3B
|
17
|
Fitter up and/or
shaper
|
3B
|
18
|
Head of a table or a
bench of machines in charge of four or more
|
As set in Item 1 of
|
|
persons - above
appropriate machinist rate
|
Table 2 of Part B
|
19
|
Tailor or tailoress
employed making and/or altering coats by hand or by
|
4
|
|
machine and who in
the ordinary course of employment is performing
|
|
|
similar work to that
ordinarily performed by an order tailor
|
|
20
|
Coat maker engaged on
three of any of the following operations:
|
3B
|
|
(a)
|
canvassing fore-parts
by hand;
|
|
|
(b)
|
basting-under,
basting out facings by hand;
|
|
|
(c)
|
inserting pads,
basting on under collars and basting- in
|
|
|
|
sleeves for try on;
|
|
|
(d)
|
hand felling top
collars;
|
|
|
(e)
|
basting-in sleeves by
hand and working sleeve heads.
|
|
21
|
Coat table hand or
coat machinist
|
2B
|
22
|
Skirt maker and/or
machinist
|
2A
|
23
|
Outer leg wear maker
and/or machinist
|
2A
|
24
|
Embosser,
embroiderer, cornelli worker
|
2B
|
25
|
Presser pressing off
and/or under-pressing
|
3A
|
26
|
Examiner examining
for faults in construction
|
3B
|
27
|
All others not herein
classified
|
1A
|
Group C - Ready Made
Clothing for Males - The provisions contained in this group shall not apply to
the making of cardigans, pullovers and knitted swimsuits in establishments of
employers wherein the principal business of such employer consists of the
knitting of materials and the making of garments so knitted. The weekly wage
for every description of work done in connection with the making and/or
altering and/or repairing and/or work incidental thereto of all male outer
garments of any description (including dressing gowns), excepting those
specified in Groups A and I, shall be as follows -
28
|
Cutter laying up
and/or marking in and/or using marker lay and/or
|
4
|
|
cutting out
|
|
29
|
Die cutter in cutting
room
|
4
|
30
|
Trimmer marking in
and/or cutting out linings or trimmings
|
3B
|
31
|
Fitter up and/or
shaper
|
3B
|
32
|
Head of a table or a
bench of machines, in charge of four or more
|
As set in Item 2 of
|
|
persons - above
appropriate machinist rate
|
Table 2 of Part B
|
33
|
Tailor or tailoress
|
4
|
34
|
Alteration or repair
hand (tailor or tailoress)
|
4
|
35
|
Alteration hand
(other than tailor or tailoress) in retail establishment
|
3A
|
36
|
Coat table hand or
coat machinist
|
2B
|
37
|
Trouser table hand or
trouser machinist
|
2A
|
38
|
Vest table hand or
vest machinist
|
2A
|
39
|
Presser pressing off
and/or under pressing garments other than the
|
3A
|
|
garment which the
employee is making
|
|
40
|
Durable crease
setters and/or sprayers
|
2B
|
41
|
Seam presser and/or
seam opener by machine or by hand
|
2A
|
42
|
Canvas fuser and/or
air operated fusing machine operator other than on
|
2A
|
|
a Hoffman type press
|
|
43
|
Embosser,
embroiderer, cornelli worker
|
2B
|
44
|
Proofer
|
2A
|
45
|
Examiners examining
for faults in construction:
|
|
|
(a)
|
tailor or tailoress
|
3B
|
|
(b)
|
Others
|
2B
|
46
|
Brusher and folder
|
2A
|
47
|
Hand sewer of
buttons, hooks, eyes, press studs and the like
|
2A
|
48
|
Operator, electronic
welding machine
|
1B
|
49
|
Operator of press
stud or riveting machine
|
1B
|
50
|
Transporter operator,
i.e., employee operating console
|
2B
|
51
|
All others not herein
classified
|
1A
|
Group D - Order
Dressmaking - The weekly wage for every description of work done in connection
with order dressmaking which includes the making and/or altering and/or
repairing and/or adorning and/or work incidental thereto of all female outer
garments of any description (including dressing gowns) cut and made to an
individual measure and garments that are fitted on, other than such items of
outer wearing apparel as are specified in Group B hereof, shall be as follows:
52
|
Cutter, marking in
and/or cutting out
|
5
|
53
|
Head of a table or a
bench of machines, in charge of four or more
|
As set in - Item 1 of
|
|
persons above
appropriate machinist rate
|
Table 2 of Part B
|
54
|
Table hand or
machinist
|
2B
|
55
|
Presser operating
Hoffman type press or hand iron more than 3.63 kg (8
|
3A
|
|
lbs) in weight (not
counterbalanced)
|
|
56
|
Presser pressing off
and/or under- pressing - other
|
2B
|
57
|
Pleater making
patterns and pleating by hand or by machine
|
3B
|
58
|
Pleater, rolling in
by hand or machine and/or inserting pleat into pattern
|
2A
|
59
|
Embosser,
embroiderer, cornelli worker
|
2B
|
60
|
Fitter-on trying on
to a customer unfinished or finished garments
|
3A
|
61
|
Hand sewers of
buttons, hooks, eyes, press studs and the like
|
2A
|
62
|
All others not herein
classified
|
1A
|
Group E - Ready Made
Dressmaking and Ready Made Tailoring for Females - The provisions contained in
this group shall not apply to the making of cardigans, pullovers and knitted
swimsuits in establishments of employers wherein the principal business of such
employer consists of the knitting of materials and the making of garments so
knitted. The weekly wage for every description of work done in connection with
the making and/or altering and/or repairing and/or adorning and/or work
incidental thereto of all descriptions of ready made garments or outer wearing
apparel for females, excepting those specified in Groups B, D and I, which
shall include tea, dressing or house gowns, blouses, fronts, collars,
collarettes, cuffs and children's garments (other than those included in Group
F), shall be as follows:
63
|
Cutter, marking in
and/or cutting out
|
4
|
64
|
Die cutter in cutting
room
|
4
|
65
|
Trimmer marking in
and cutting out linings and/or trimmings
|
3B
|
66
|
Fitter up and/or
shaper
|
3B
|
67
|
Head of a table or a
bench of machines, in charge of four or more
|
As set in Item 2 of
|
|
persons - above
appropriate machinist rate
|
Table 2 of Part B
|
68
|
Tailor or tailoress
|
4
|
69
|
Table hand, finisher
or machinist including the making of fronts,
|
2B
|
|
collars, collarettes,
cuffs or shoulder pads
|
|
70
|
Embosser,
embroiderer, cornelli worker
|
2B
|
71
|
Alteration hand
(other than tailor or tailoress) in retail establishment
|
3A
|
72
|
Presser pressing off
and/or under- pressing operating Hoffman type
|
3A
|
|
press or hand iron
more than 3.63 kg.(8 lbs.) in weight (not
|
|
|
counterbalanced)
|
|
73
|
Presser pressing off
and/or under- pressing - other
|
2B
|
74
|
Fusing machine
operator
|
2B
|
75
|
Seam presser and/or
seam opener by machine or hand
|
2A
|
76
|
Durable crease setter
and/or sprayer
|
2B
|
77
|
Pleater making
patterns and pleating by hand or by machine
|
3B
|
78
|
Pleater, rolling in
by hand or by machine and/or inserting pleat into
|
2A
|
|
pattern
|
|
79
|
Examiner, examining
for faults in construction
|
2B
|
80
|
Hand sewer of
buttons, hooks, eyes, press studs and the like
|
2A
|
81
|
Operator, electronic
welding machine
|
1B
|
82
|
Operator of press
stud or riveting machine
|
1B
|
83
|
Transporter operator,
i.e., employee operating console
|
2B
|
84
|
All others not herein
classified
|
1A
|
Group F - Underclothing
- The provisions contained in this group shall not apply to establishments of
employers wherein the principal business of such employers consists of the
knitting of goods and making of garments from goods so knitted. The weekly wage
for every description of work done in connection with the making and/or
altering and/or repairing and/or adorning and/or work incidental thereto of all
descriptions of underclothing for females which includes corsets, brassieres,
nightgowns, pyjamas, pinafores and aprons for females and sunsuits, playsuits
and similar garments for children not exceeding eight years of age shall be as
follows:
85
|
Cutter marking in
and/or cutting out
|
4
|
86
|
Die cutter in cutting
room
|
4
|
87
|
Head of a table or a
bench of machines, in charge of four or more
|
As set in Item 2 of
|
|
persons - above
appropriate machinist rate
|
Table 2 of Part B
|
88
|
Machinist
|
2A
|
89
|
Adornment worker
|
2A
|
90
|
Table hand and/or
finisher
|
2A
|
91
|
Presser and/or ironer
operating Hoffman type press or hand iron more
|
3A
|
|
than 3.63 kg. (8
lbs.) in weight (not counterbalanced)
|
|
92
|
Presser and/or ironer
- other
|
2A
|
93
|
Transferrer
|
2A
|
94
|
Examiner examining
for faults in construction
|
2A
|
95
|
Hand sewer of buttons,
hooks, eyes, press studs and the like
|
2A
|
96
|
Transporter operator,
i.e., employee operating console
|
2A
|
97
|
All others not herein
classified
|
1A
|
Group G - Whitework -
The weekly wage for every description of work done in connection with the
making and/or altering and/or repairing and/or adorning and/or work incidental
thereto of all descriptions of whitework which shall include all descriptions
of napery and/or sheets and/or pillow slips and/or pillow shams and/or diapers
and/or handkerchiefs and/or towels and/or chenille bedspreads and/or mosquito
nets and/or chenille bathmats, and when made in clothing and whitework
factories, toys and/or lamp shades and/or cot covers and/or blankets and/or
bedspreads, shall be as follows:
98
|
Cutter marking in
and/or cutting out
|
4
|
99
|
Die cutter in cutting
room
|
4
|
100
|
Head of a table or a
bench of machines, in charge of four or more
|
As set in Item 2 of
|
|
persons - above
appropriate machinist rate
|
Table 2 of Part B
|
101
|
Machinist and/or
table hand
|
2A
|
102
|
Transferrer and/or
adornment worker
|
2A
|
103
|
Presser and/or ironer
operating Hoffman type press or hand iron more
|
3A
|
|
than 3.63 kg (8 lbs)
in weight (not counterbalanced)
|
|
104
|
Presser and/or ironer
- other
|
2A
|
105
|
Examiner
|
2A
|
106
|
Dyer and/or bleacher
(chenille)
|
3A
|
107
|
Vat attendant
(chenille)
|
2A
|
108
|
Divider of material
|
2A
|
109
|
All others not herein
classified
|
1A
|
Group H - Collars,
Shirts, Ties, Scarves and Pyjamas - The weekly wage for every description of
work done in connection with the making and/or altering and/or repairing and/or
adorning and/or work incidental thereto of collars, ties, scarves, cuffs,
shirts, shirt fronts, pyjamas for males, singlets or underpants (except knitted
goods) shall be as follows:
110
|
Cutter marking in
and/or cutting out
|
4
|
111
|
Die cutter in cutting
room
|
4
|
112
|
Head of a table or a
bench of machines, in charge of four or more
|
As set in Item 2 of
|
|
persons - above
appropriate machinist rate
|
Table 2 of Part B
|
113
|
Machinist and/or
table hand and/or adornment 2A Worker
|
2A
|
114
|
Presser and/or ironer
operating Hoffman type press or hand iron more
|
3A
|
|
than 3.63 kg (8 lbs)
in weight (not counterbalanced)
|
|
115
|
Presser and/or ironer
- other
|
2A
|
116
|
Fuser
|
2A
|
117
|
Examiner examining
for faults in construction
|
2A
|
118
|
Transporter operator,
i.e. employee operating console
|
2A
|
119
|
All others not herein
classified
|
1A
|
Group I - Industrial
Clothing - The weekly wage for every description of work done in the making
and/or work incidental thereto of industrial clothing for males and females
which includes industrial uniforms, overalls (excluding what are known in the
trade as shaped garments), boiler suits, dust coats and industrial shorts, made
from materials other than woollen or worsted shall be as follows:
120
|
Cutter marking in
and/or cutting out
|
4
|
121
|
Die cutter in cutting
room
|
4
|
122
|
Head of a table or a
bench of machines, in charge of four or more
|
As set in Item 2 of
|
|
persons - above
machinist rate
|
Table 2 of Part B
|
123
|
Machinist and/or
table hand
|
2A
|
124
|
Presser and/or ironer
operating Hoffman type press or hand iron
|
3A
|
|
more than 3.63kg. (8
lbs.) in weight (not counterbalanced)
|
|
125
|
Presser and/or ironer
- other
|
2A
|
126
|
Examiner
|
2A
|
127
|
Operator, electronic
welding machine level 1 engaged in the
|
1B
|
|
manufacture of other
industrial safety equipment or exercising skill
|
|
|
with no requirement
to reset machine or mould regularly
|
|
127A
|
Operator electronic
welding machine level 2 engaged in the
|
2B
|
|
manufacture of
industrial safety clothing of whatever nature or
|
|
|
constructing the
whole of a garment or adapting setting of machine
|
|
|
regularly to
different tasks
|
|
128
|
Operator of press
stud or riveting machine
|
1B
|
129
|
Transport operator,
i.e., employee operating console
|
2A
|
130
|
All others not herein
classified
|
1A
|
Group J - Headwear -
The weekly wage for every description of work done in connection with the
making and/or altering and/or repairing and/or adorning and/or work incidental
thereto of any kind of hats, caps, bonnets, helmets, berets or any other kinds
of headwear (except such hats as are made under the provision of the Felt
Hatting Award) shall be as follows:
131
|
Cutter other than
milliner
|
4
|
132
|
Head of a table or a
bench of machines in charge of four or more
|
As set in Item 2 of
|
|
persons - above
machinist rate
|
Table 2 of Part B
|
133
|
Hand blocker
|
4
|
134
|
Machine blocker
|
3A
|
135
|
Helmet maker
|
2B
|
136
|
Cap maker
|
2B
|
137
|
Machinist and/or
table hand
|
2A
|
138
|
Model milliner
designing original models
|
3A
|
139
|
Milliner
|
2A
|
140
|
Presser and/or ironer
operating Hoffman type press or hand iron more
|
3A
|
|
than 3.63kg (8 lbs)
in weight (not counterbalanced)
|
|
141
|
Presser and/or ironer
- other
|
2A
|
142
|
Operator, electronic
welding machine
|
1B
|
143
|
All others not herein
classified
|
1A
|
Group K - Umbrella -
The weekly wage for every description of work done in connection with the
making and/or altering and/or repairing and/or work incidental thereto of any
description of umbrellas, or parasols, or the like, shall be as follows -
144
|
Gore cutter, marking
in and/or cutting out
|
3B
|
145
|
Machinist
|
2A
|
146
|
Examiner
|
2A
|
147
|
Hand ironer
|
2A
|
148
|
Frame maker
|
2A
|
149
|
Umbrella assembler,
including rib assembling, band fixing, topping,
|
1B
|
|
clipping in, rolling,
studding, pulling up and fitting handles, angle
|
|
|
joints, runner,
notches, bells and spikes
|
|
150
|
All others not herein
classified
|
1A
|
Group L - Fur Trade -
The weekly wage for every description of work done in connection with the
making and/or altering and/or remodelling and/or repairing and/or work
incidental thereto of all types of garments or articles such as coats, jackets,
capes, headwear, scarves, collars, cuffs, neckwear, muffs, rugs, mats and toys
made in the establishment of a furrier from furred and/or haired and woollen
skins shall be as follows:
151
|
Cutter marking in
and/or cutting out
|
5
|
152
|
Head of a table or
bench of machines in charge of four or more
|
As set in Item 2 of Table
|
|
persons - above
appropriate machinist rate
|
2 of Part B
|
153
|
Nailer
|
3A
|
154
|
Fur machinist
|
3A
|
155
|
Machinist (other than
on fur machine) and/or table hand
|
2B
|
156
|
All others not herein
classified
|
1A
|
Group M - Artificial
Flowers and Brushed Silk Emblems - The weekly wage for every description of
work done in connection with the making and/or work incidental thereto of all
types of artificial flowers and brushed silk emblems shall be as follows:
157
|
Cutter and/or stamper
|
3A
|
158
|
Dyer
|
3A
|
159
|
Shaper of petals by
hand, with aid of curling iron and/or bowler and
|
|
|
assembling the petals
so shaped
|
2B
|
160
|
Employee assembling
and/or making and/or tying and/or pressing
|
|
|
artificial flowers
|
2B
|
161
|
Tiers and/or cutters
and/or brushers of emblems
|
2B
|
162
|
All others not herein
classified
|
1A
|
TRANSLATION PROCEDURE
64.1 Step 1 - Getting Ready -
64.1.1 Arrange and conduct a meeting of the
Translation Committee or Consultative Committee to:
(1) Set date/s for Union/employee training
and make the necessary arrangements.
(2) Set date/s for joint training and make
the necessary arrangements.
64.1.2 Conduct a survey of the language needs of the
workforce.
64.1.3 Carry out an inspection of the
factory/workplace to familiarise the committee with the different sections/work
areas.
64.2 Step 2 - Training and Planning -
64.2.1 Undertake Union/employee
training.
64.2.2 Undertake joint training.
64.2.3 Set date/s for information
session/s to workforce and make the necessary arrangements.
64.2.4 Set date/s for transferring the
workforce to the new skill levels.
64.2.5 Arrange for suitable interpreters
to be available for information sessions and completion of the questionnaire
(and checklist where used).
64.2.6 Agree on the order in which
different sections of the factory/workplace will be translated and establish
and prominently display a timetable for translation, including the date/s for
information sessions to the workforce and for the completion of the
questionnaire (and checklist where used). Translation should commence as soon
as possible after the delivery of training, and must be completed within the
transition period.
64.2.7 Agree on how the completion of
the questionnaire (and checklist where used) will be managed, e.g., sections,
by language groups.
64.2.8 Select appropriate space within
the factory/workplace to carry out translation procedures.
64.2.9 Obtain all the materials
necessary.
64.2.10 Provide information to the whole of
the workforce on the translation to the new Skill Based Classification
Structure. This may be provided
verbally and/or in written form and/or by way of a poster. This may be delivered in sections or
language groups or to the workforce as a whole.
64.2.11 Arrange for the committee to brief
supervisors on the translation process and provide copy of written materials.
64.3 Step 3 - Preparing the Skills
Questionnaire (and checklist where used) -
64.3.1 In preparation for the Skills
Based Classification Structure, an enterprise may, in consultation with the
committee, choose to list machine types and then classify the operations
performed on them into:
(1) basic
(2) intermediate
(3) complex
64.3.2 This information can be used to
assist in determining skill levels by identifying technical skills. It cannot
be used without the questionnaire.
64.3.3 The checklist must be agreed to
as accurate by the committee before it can be used in the translation process.
64.3.4 Arrange for the questionnaire
(and checklist where used) to be copied for each member of the workforce.
64.3.5 Number each questionnaire (and
its accompanying checklist, where used) consecutively beginning with number 1.
64.3.6 Every page of the same
questionnaire (and accompanying checklist, where used) should be given the same
number so that if pages of a completed questionnaire (and checklist, where
used) become detached, they can be identified.
64.4 Step 4 - Completing the Questionnaire (and
checklist where used) -
64.4.1 Responses to the questionnaire
(and checklist where used) should relate to recurring activities which an
employee is competent in and is expected to carry out. Activities which are carried out
infrequently or at unpredictable times should be included as long as they are
recurring activities which an employee is competent in and is expected to carry
out during a normal twelve-month production cycle.
64.4.2 Activities which an employee has
been called on to carry out only from time to time, because of extraordinary production
requirements, would not be included. In this case, where employees are called
on to exercise high level skills, they would be paid in accordance with clause
19, Mixed Functions.
64.4.3 For example, an employee called
on to carry out the activities of another employee because that employee is
temporarily absent for a short period of time would not include these
activities in their responses to the questionnaire (and checklist where used).
64.4.4 However, if it is part of an
employee's specific duties to relieve in the case of absence of other
employees, as is the case for utility machinists, then those activities should
be included.
64.4.5 Periods of training are not to be
regarded as part of an employee's usual work.
64.4.6 Arrange for the questionnaire
(and checklist where used) to be completed by each worker, in manageable
groups, during working hours in the manner agreed by the committee, e.g., in
section/work area, language group.
64.4.7 At least one Union and one
employer representative of the committee, with the help of interpreters if
necessary, will act as facilitators for each group and the facilitators shall
explain the questionnaire (and checklist where used) and how to fill it out.
64.4.8 They will answer questions about
the questionnaire (and checklist where used) and ensure that all of the
relevant questions have been answered. The role of facilitators is to clarify
the meaning of questions to enable employees to make their own responses.
64.4.9 An employee may request a
supervisor to complete the checklist (where used) on behalf of the employee.
64.4.10 Facilitators should pay particular
attention to filling in the name of the worker, the job title and the wage band
number on the skill allocation form.
64.4.11 Facilitators should answer any
question about what happens next.
64.5 Step 5 - Allocating Skill Levels - The
committee shall meet and perform the following procedures:
64.5.1 Ensure a committee secretary is present and
has a skill level allocation form for each worker.
64.5.2 Ensure that each member has a copy of the
completed questionnaire (and checklist where used) for each worker in the same
order and a copy of the skill based classification structure.
64.5.3 The committee shall then call in supervisors
to endorse the employee responses to the questionnaire (and checklist where
used).
64.5.4 Where supervisors disagree with certain
responses they shall give their reasons for such differences and these shall be
discussed with the employee concerned, with the assistance of an interpreter if
necessary. The committee may seek any
other information in an attempt to determine whether the disputed responses are
acceptable and may view the employee at the employee’s work station. Where the committee cannot make a decision,
the employee's responses must be accepted.
64.5.5 For each worker:
(1) Determine the minimum skill level of the
worker by comparing the employee’s wage band with the minimum skill level table
appearing below. For example, a worker in wage band 2B will have a minimum
skill level of Skill Level 2.
64.5.6 Minimum Skill Level Table
Wage Band
|
Skill Level
|
1A
|
1
|
1B
|
1
|
2A
|
2
|
2B
|
2
|
3A
|
3
|
3B
|
3
|
4
|
4
|
5*
|
5
|
*Wage Band
|
|
64.5.7 Review the completed
questionnaire (and checklist where used) for the worker.
64.5.8 Where a worker's questionnaire
(and checklist where used) question/s are not answered clearly and members of a
committee require clarification of an employee's response this should be sought
from the employee and, if necessary, the employee’s supervisor.
64.5.9 Compare the completed
questionnaire (and checklist where used) with the skill level above the minimum
skill level for the worker.
64.5.10 If the worker cannot be allocated
to the skill level above the employee’s minimum skill level then the employee
remains on the employee’s minimum skill level.
64.5.11 If the worker can be allocated to
the skill level above the employee’s minimum skill level then compare the
completed questionnaire (and checklist where used) with the next skill level
and so on until the worker can be allocated.
64.5.12 The skill level allocated is the
highest level in which the employee satisfies all the necessary requirements.
64.5.13 The committee secretary should
record the skill level and key reasons for the decision on the skill allocation
form.
64.5.14 The questionnaires (and checklists
where used) and the skill level allocation forms should be kept in a safe place
and be available for any subsequent review processes.
64.6 Step 6 - Where consensus on the
appropriate skill level is reached -
64.6.1 Notify management and the worker of the
recommended skill level.
64.6.2 If both the management and worker accept the
recommendation it becomes the confirmed skill level and shall remain so until
at least the expiry of the transition period.
64.7 Step 7 - Where consensus on the
appropriate skill level cannot be reached or where it is reached but the
recommendation is not acceptable to management and/or the worker -
64.7.1 The committee will meet with management and
the worker separately. It will then review its decision, taking into
consideration the additional information it has obtained and attempt to reach a
consensus, which will be notified to management and the workers.
64.7.2 If consensus still cannot be reached within
the committee or its recommendation is still not acceptable to management
and/or the worker, the matter shall be referred to senior management and a
Union official who shall endeavour to reach agreement.
65. Schedule E - Procedure to be Adopted in Developing
an Enterprise Bargaining Agreement
The procedures to be
followed in developing an enterprise bargaining agreement are as follows:
65.1 Step One - The party raising a measure or
measures for consideration shall place the matter on the agenda of a forthcoming
meeting of the Consultative Committee.
65.2 Step Two - The party raising the measure
or measures for consideration shall outline the proposal at a meeting of the
Consultative Committee and the outline shall be recorded in the minutes of the
meeting. The party receiving the proposal shall not be required to respond to
the proposal at that meeting. At the same time a written outline of the
proposal shall be forwarded to the Secretary of the Union.
65.3 Step Three - The Consultative Committee
shall post the proposal on the noticeboards.
They shall endeavour to express the proposal in a manner that enables
the proposal to be understood by the workforce. In particular, where there are
a number of non-English speaking workers the Consultative Committee shall
consider having the proposal translated into the main languages spoken in the
workplace so that all employees fully understand the proposal.
65.4 Step Four - The Union/employee
Consultative Committee representatives shall be granted one day's leave with
pay to attend a briefing session conducted by the union to equip them to
negotiate each enterprise bargaining agreement with the employer. Where an
employee has used the employee’s full entitlement to Trade Union Training Leave
in accordance with clause 22, Trade Union Training Leave, the one day's leave
shall be in addition to the employee’s entitlement.
65.5 Step Five - The Union/employee
Consultative Committee representatives and the relevant official of the Union
shall consult with the whole of the workforce or section of the workforce
affected by the proposal. An employer
shall grant the whole of the workforce reasonable time off with pay to attend a
meeting conducted by the union/employee representatives and the relevant
official of the Union for the purpose of consultation. In the case of a
workplace where there are a number of non-English speaking workers the employer
shall favourably consider a request from the Union/employee Consultative
Committee representatives or the relevant official of the Union for the
engagement of interpreter/s to assist in the meeting so that non-English
speaking workers fully understand the proposal. In such cases, reasonable time
to conduct the meeting will be longer than in the case where an interpreter/s
is not used.
65.6 Step Six - The Consultative Committee
shall then consider the proposal and the views of the workforce and attempt to
reach an enterprise bargaining agreement. As necessary, the employee/Union
Consultative Committee representatives will refer the draft to the workforce
for comment.
65.7 Step Seven - If the Consultative Committee
reaches agreement it shall record the agreement in writing and forward it to
the Secretary of the Union who shall arrange with the employer to jointly
conduct a vote of the workforce affected.
65.8 Step Eight - In the case of a proposal
which does not affect the provisions of the award, if a majority of the
workforce affected are in favour of the proposal, the proposal shall be
forwarded as a recommendation to senior management.
65.8.1 In the case of a proposal which does affect
the provisions of the award, if 75% of the workforce affected are in favour of
the proposal, the proposal shall be forwarded as a recommendation to senior
management.
65.9 Step Nine - If the recommendation is
accepted then senior management shall refer the proposed agreement in writing
to the Secretary of the Union for approval or otherwise. The union shall not
unreasonably withhold agreement.
65.10 Step Ten - If the proposed agreement in
writing is approved by the Secretary of the Union, then it shall be signed by
senior management and the Secretary of the Union.
65.11 Step Eleven - The agreement shall then be
submitted to the Industrial Relations Commission of New South Wales for
approval.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Clause 6 - Rates of Pay
Adult Rates of Pay from
the beginning of the first pay period to commence on or after 23 July 2007.
Skill Level
|
Award Rate
|
|
$
|
Trainee
|
524.40
|
1
|
541.10 *
|
2
|
563.60
|
3
|
584.50
|
4
|
618.20
|
5#
|
659.90**
|
*
|
Calculation for
minute pay rate for PBR purposes
|
**
|
Note yet determined
as to relativity
|
#
|
Not a skill level
|
Table 2 - Other Rates and Allowances
Allowances payable from
the beginning of the first pay period to commence on or after 23 July 2007.
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
6.6.1
|
Head of table or
bench of machines, in charge of four
|
15.40
|
|
|
or more persons -
above appropriate machinist rate
|
|
2
|
6.6.2
|
Head of table or
bench of machines, in charge of four
|
|
|
|
or more persons -
above appropriate machinist
|
11.30
|
3
|
17.1
|
Meal Money
|
8.95
|
4
|
46.1
|
Disability allowances
-
|
|
|
|
Inadequate dining
facilities
|
3.80
|
5
|
46.2
|
Disability Allowances
-
|
|
|
|
Inadequate rest
facilities
|
3.80
|
Clothing Trades (State) Industrial Committee
Industries and Callings
All persons engaged in
-
(a) making and/or repairing and/or altering
the whole or any part of any male or female garment or of any article of
wearing apparel whatsoever, made from material of any description, including all
articles of neckwear and excluding only boots, shoes, slippers, gloves and
headwear, except as provided in (b);
(b) making and/or trimming and/or blocking
and/or repairing and/or altering and/or remodelling all articles of women's and
girls' headwear, excepting male employees engaged in blocking by hand or
machines;
(c) making and/or repairing and/or altering
any description of umbrella other than canvas umbrellas;
(d) making and/or repairing and/or altering
any description of handkerchiefs, serviettes, pillowslips, pillowshams, sheets,
tablecloths, towels, quilts, aprons, mosquito nets, bed valances, or bed
curtains;
(e) embroidering or otherwise ornamenting
any of the abovementioned articles, including the making and/or manufacturing
of such ornamentations as are made of textiles, felts or similar fabrics;
(f) in or in connection with the
manufacture of artificial flowers;
(g) making and/or altering and/or
remodelling and/or repairing of all types of garments or articles, other than
toys, made in the establishment of a furrier;
(h) the making of chenille and the making
and/or repairing and/or altering of articles of all descriptions as are made of
chenille;
in the State of
New South Wales, excluding the County of Yancowinna;
excepting employees employed
in the making and/or repairing of furnishing drapery and/or quilts in a
furniture or furnishing drapery factory or establishment, including retail
store or warehouse;
and excepting employees
within the jurisdiction of the Rubber Workers (State), the Plastic Moulding
(State) and the Textile Workers (State) Industrial Committees.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.