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Transport Industry - Petroleum, &c., Distribution (State) Award
  
Date07/11/2008
Volume366
Part1
Page No.299
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6547
CategoryAward
Award Code 840  
Date Posted07/10/2008

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(840)

(840)

SERIAL C6547

 

Transport Industry - Petroleum, &c., Distribution (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1668 of 2007)

 

Before Commissioner Murphy

9 April 2008

 

REVIEWED AWARD

 

1.  Award Title

 

This award may be referred to as the Transport Industry - Petroleum &c., Distribution (State) Award

 

2.  Arrangement

 

SECTION I APPLICATION AND OPERATION OF AWARD

 

1.        Award Title

2.        Arrangement

3.        Definitions

4.        Anti-Discrimination

5.        Area Incidence And Duration

5A.     Wage Adjustments

6.        Counterpart Status of Award

7.        Existing Customs

 

SECTION II WAGES, ALLOWANCES AND HOURS OF EMPLOYMENT

 

8.        Wage Rates, Allowances and Additional Information

9.        Starting and Finishing Times

10.      Hours of Work - Day Workers

11.      Alteration of Starting Time - Day Workers

12.      Meal Break - Day Workers

13.      Overtime - Day Workers

14.      Saturday Work - Day Workers

15.      Sunday Work - Day Workers

16.      Shift Work

17.      Meal Money

18.      Travelling Allowance

19.      Transport of Employees

20.      Telephoning

21.      Standing By

22.      Accident Pay-Make Up Of Pay

23.      Uniforms

24.      Licences

25.      No Reduction in Wages

26.      Mixed Functions

27.      Employee Doing Work of a Lower Grade

28.      Casual Employees and Part-Time Employees

 

SECTION III EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP

 

29.      Contract of Employment

30.      Gear and Equipment to be Provided

31.      Unauthorised Persons on Vehicles

 

SECTION IV LEAVE ENTITLEMENTS AND PUBLIC HOLIDAYS

 

32.      Sick Leave

33.      State Personal/Carer’s Leave

34.      Bereavement Leave

34A.   Parental Leave

35.      Annual Leave

36.      Holidays

37.      Jury Service

 

SECTION V TRAINING AND OCCUPATIONAL HEALTH AND SAFETY

 

38.      Training

39.      First Aid

40.      Rest Break

41.      Amenities

42.      Heavy Articles

42A.   Occupational Health and Safety

 

SECTION VI INDUSTRIAL RELATIONS AND THE UNION AND OTHER PROVISIONS

 

43.      Union Delegate

44.      Notice Boards

45.      Award to be Exhibited

46.      Dispute and Grievances Procedure

47.      Enterprise Flexibility Discussions

48.      Time and Wages Record

49.      Right of Entry

50.      Commitment

51.      Award Modernisation

 

PART B

 

MONETARY RATES

 

Wages, Allowances and Additional Payments

 

3.  Definitions

 

Unless a contrary intention appears, expressions used in this award shall have the meanings as follows:

 

3.1      "Aerodrome attendant" means an employee employed principally in driving and/or operating any aviation refuelling or servicing unit or equipment or hydrant dispensing system at an aerodrome to deliver aviation fuels, lubricants and/or other aviation products to aircraft and in receiving, storing and distributing such fuels, lubricants and other products at an aerodrome depot, including the performance as required of all tasks ancillary to such receipt, storage, distribution and deliver.  Provided that this definition shall not be construed to exclude allotment by the employer of other duties connected with the safe and efficient operation of vehicles, units, plant and equipment, and the general tidiness of facilities at an airport depot, and the safety of personnel, or the bridging of stocks from terminals or depots to airports by an aerodrome attendant.

 

This definition does not include coxswains or motorboat drivers operating refuelling units at a flying-boat base.

 

3.2      "Senior aerodrome attendant" is one appointed as such by an employer, but not less than one per shift.

 

3.3      "Articulated" means a vehicle with three or more axles comprising a power unit (called tractor-truck or prime mover) and semi-trailer which is superimposed on the power unit revolving on a turntable and is an articulated vehicle whether automatically detachable or permanently coupled.

 

3.4      "Bituminous-products- spray person" shall mean an employee working under the direction of the driver of a bitumen spraying vehicle; and, without limiting the scope of the duties of the employee, the said duties shall include operations of the spraying equipment at the rear end of the vehicle, operation of the lance-type hand-spray, moving the vehicle during hand-spraying operations, and assisting the driver in the driving of the vehicle.

 

3.5      "Dual steer vehicle" means either a rigid vehicle, which has more than one steering axle, or an articulated vehicle with more than one steering axle on the prime mover.

 

3.6      "Lazy axle" rigid delivery vehicle means a vehicle of similar construction to a "tandem-drive" rigid delivery vehicle with the difference that only one of the rear axles has a differential through which the driving power is transmitted and excludes an articulated vehicle.

 

3.7      "Motor wagon driver" means any employee engaged to drive or control any type of delivery vehicle specified in this award irrespective of any other duties performed by an employee.  This definition shall not exclude other duties ordinarily performed by a driver including the loading and unloading of bulk vehicles.

 

3.8      "Tandem-drive" rigid delivery vehicle means a long-wheel-base single-unit vehicle (in which the engine, driving compartment and load-carrying compartment, tank or tray are all mounted on the one chassis) having two rear axles each with its own differential through which the driving power is transmitted to the rear wheels and excludes an articulated vehicle.

 

3.9      "Union" means the Transport Workers’ Union of Australia, New South Wales Branch.

 

3.10    "Ordinary-time rate" shall mean for an employee (other than a casual employee) 1/35th of the wage rate prescribed in clause 8 of this award for the classification in which the employee is employed.

 

3.11    "Time and a half" shall mean one and a halftime the ordinary-time rate.

 

3.12    "Double-time" shall mean twice the ordinary-time rate.

 

3.13    "Double time and a half" shall mean two and a half time the ordinary time rate.

 

3.14    "Triple time" shall mean three times the ordinary-time rate.

 

3.15    APADA - shall mean "Australian Petroleum Agents and Distributors Association".

 

3.16    The phrase "rate per week for adult service with the same employer in the same classification" appearing in Part B of this Award shall mean and include service with an employer which, for the purposes of this Award, shall include service with any successor to, or any assignee of that Employer’s business.

 

3.17    Rural Distribution Operations

 

A Rural Distribution Operation is:

 

3.17.1 an establishment located further than a radius of 75 kilometres from a capital city and/or oil company terminal/refinery;

 

3.17.2 an establishment located within a radius of 75 kilometres from a capital city and/or oil company terminal refinery, and in respect of which application that the establishment be deemed to be a Rural Distribution Operation has been made to the Secretary-Treasurer of the Transport Workers’ Union of Australia, New South Wales Branch, and in respect of which the Union has so agreed.  (The Union shall not reasonably withhold its consent and any dispute shall be dealt with in accordance with the dispute settling procedure provided by this award).

 

3.18    Workers Compensation Legislation means the Workers Compensation Act 1987 and the Workplace Injury Management Act 1998 and related Acts and instruments.

 

4.  Anti-Discrimination

 

4.1      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 and age.

 

4.2      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.

 

4.3      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.

 

4.4      Nothing in this clause is to be taken to affect:

 

4.4.1   any conduct or act which is specifically exempted from anti-discrimination legislation;

 

4.4.2   offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

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

 

4.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

5.  Area, Incidence and Duration

 

5.1      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Transport Industry - Petroleum, &c., Distribution (State) Award published 24 August 2001 (327 I.G. 62), as varied.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 9 April 2008.

 

This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

5.2      This award shall apply to the following employees covered by the classifications specified herein within the jurisdiction of the Transport Industry (State) Conciliation Committee:

 

5.2.1   Employees engaged solely or predominantly in the cartage and/or distribution, in tankers, of petrol or bulk petroleum products from refineries, terminals or depots of oil companies, which are respondents to the Federal Transport Workers’ (Oil Companies) Award 1992, as varied, from time to time.

 

5.2.2   Employees engaged solely or predominantly in the cartage and/or road vehicles or packaged petroleum products from refineries, terminals or depots of the aforementioned oil companies.

 

5.2.3   Employees (including aerodrome attendants) who are engaged in or in connection with the transport and/or distribution or petrol and petroleum products for agents of the aforementioned oil companies or for contractors or sub-contractors to such agents.

 

5a.  Wage Adjustments

 

(i)       The rates of pay in this award include the adjustments payable under the 2002 (8 August 2002) , 2003 (15 August 2003), 2004 (15 August 2004) and 2005 (5 August 2005) National Wage Case Decisions of the Australian Industrial Relations Commission and the 2006 State Wage Case Decision (26 June 2006) of the Industrial Relations Commission of NSW.  These adjustments may be offset against:

 

(a)      any equivalent over award payments, and/or

 

(b)      award wage increases since 5 July 2001 other than safety net, State Wage Case, and minimum rates adjustments.

 

6.  Counterpart Status of Award

 

This award is recognised as a counterpart award to the Transport Workers (Oil Distribution) Award 2001, an award of the Australian Industrial Relations Commission.

 

7.  Existing Customs

 

Existing customs and conditions not inconsistent with this award shall continue.

 

Section II Wages, Allowances and Hours of Employment

 

8.  Wage Rates, Allowances and Additional Information

 

Wage rates, allowances and additional payments shall be paid to employees employed in the various classifications as set out in Part B unless otherwise specified elsewhere in this Award.

 

9.  Starting and Finishing Times

 

9.1      Where proper facilities are provided for an employee to sign on when beginning work and to sign off when leaving work, the work of such employee shall be deemed to commence when the employee signs on at the yard or depot and to finish when the employee signs off, unless some other mutually satisfactory arrangement is made between the employer and the on site delegate.

 

9.2      Where proper facilities for signing on and off are not provided, work shall be deemed to commence when the employee enters the yard or depot and to finish when the employee leaves the yard or depot.

 

9.3      Each employer shall fix starting and finishing times for its employees.

 

10.  Hours of Work-Day Workers

 

10.1    The spread of ordinary hours of day workers shall be 70 per two week period to be worked between 6.30 a.m. and 5.30 p.m. Monday to Friday (with a lunch break of not less than 30 minutes and not more than 1 hour).  By mutual agreement between the employer and the employees concerned, the spread of hours may be altered for all, or a section of, employees.  Time worked within the mutually agreed spread of hours will not attract penalty payments.  Provided, however, such agreement does not erode award conditions, is entered into without duress, is signed by both parties and is attached to the relevant employees’ time and wages record.

 

10.1.1 By agreement between an employer and the Union the ordinary working hours for employees engaged in Rural Distribution Operations may be rostered over any three consecutive days, Monday to Saturday inclusive, provided that there shall be no requirement to exceed the maximum allowable driving hours.  All work performed in excess of 35 hours in any such three consecutive days shall be paid at time and a half for the first two hours and double time thereafter.

 

10.1.2 These flexible arrangements are designed to enable optimum use of vehicles and the provisions of efficient customer service.  The Union shall not unreasonably withhold its consent and such agreements shall be processed in accordance with clause 47, Enterprise Flexibility Discussions.

 

10.2    The hours of starting and finishing work shall be fixed by the employer, but having been fixed shall not be altered without the provision of 24 hours’ notice.

 

Rostered Days Off

 

Rostered days off may be accumulated to a maximum of 10 days over a 26-week period.  Rosters shall be fixed in advance by mutual agreement and shall not be varied unless special circumstances arise.

 

All such accumulated days off shall be given and taken during or at the expiration of the 26-week period.

 

Detailed records of accumulated days must be kept by the employer and such details made available to the employee or branch secretary or nominee of the branch secretary on demand.

 

In fixing such rosters, rostered days off may be taken in advance before the employee has accrued the additional time to cover days off.

 

Provided that in the event that the employee ceases employment with the employer before accruing credits to cover the time taken in advance any time outstanding shall be deducted from moneys owed to the employee on termination of employment.

 

10.3    All work performed outside of the spread of hours contained in 10.1 shall be paid at overtime rates but shall otherwise be deemed for the purpose of this clause to be part of the ordinary hours of work where the ordinary hours worked within the prescribed spread of hours in any week are less than 35.

 

11.  Alteration of Starting Times-Day Workers

 

11.1    Where an employer desires to vary or change the starting time for day work of an employee or employees, the employer shall give one week’s notice of such variation or change to the employee or employees concerned or in the case of a group of employees post a notice of the intended change at the yard or depot.

 

11.2    Provided an employee is given at least 10 hours off duty immediately before commencing or after ceasing shift work, a day worker may be transferred to or from shift work on 48 hours notice.  In default of such notice the employee shall be paid overtime rates for all work done outside of the previous ordinary working hours within 48 hours of the time the employee is notified of the change.

 

11.3    Where it is necessary to transfer a day worker to replace a shift worker who fails to report for duty or who for any reason is unable to continue duties, this clause shall not apply, but the position shall be deemed to be covered by subclause 16.11 of this award.

 

12.  Meal Break-Day Workers

 

12.1    One hour Monday to Friday inclusive shall be allowed for a meal break between the fourth and sixth hour from the commencement of work provided that by agreement in writing between an employer and the appropriate branch secretary of the union the meal break may be shortened.  Provided further that by agreement between an employer and the Secretary-Treasurer of the union, the meal break may be taken earlier where circumstances of the job so require.  An employee shall not be required to work for more than five hours without a break for a meal.

 

12.2    If on instructions from the employer an employee is unable to have a full meal break between the fourth and sixth hour or the agreed time, the employee shall be paid double time until the full meal break is allowed.

 

12.3    A delivery driver who, in any one day is required to travel, and return from, a destination located in excess of 160 kilometres from the driver’s place of employment shall be allowed a paid meal break of 30 minutes.

 

13.  Overtime-Day Workers

 

13.1    All time of duty in excess of and/or outside of the hours prescribed in clause 10 of this award shall be paid at the rate of time and a half for the first two hours on any one day and double time thereafter, such double time to continue until the completion of the overtime work.

 

13.2    All overtime shall be based on the ordinary time rate of pay, as defined in Clause 3.10.

 

13.3    Each day’s overtime shall stand-alone and be paid for in addition to the ordinary weekly or casual wage, as the case may be.

 

13.4    As far as practicable, overtime shall be eliminated, but where necessary an employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with these requirements.

 

Provided that such overtime is worked within the limitations of health and safety legislation pertaining to driving times.

 

13.5

 

13.5.1 Subject to 13.5.2 and 13.5.3, when overtime is worked it shall be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

 

13.5.2 An employee, other than a casual employee, who works so much overtime between the termination of the employee’s ordinary work on one day and the commencement of the employee’s ordinary work on the next day that the employee has not had the rest period prescribed in 13.5.1 shall, subject to this subclause, be released after completion of such overtime until such rest period has been taken, without loss of pay for ordinary working time occurring during such absence.  Provided that should an employee’s rest period as aforesaid end within two hours of the employee’s normal ceasing time the employee shall not be required to report for work on that day.  If, on the instructions of the employer, such an employee resumes or continues to work without having had such rest period the employee shall be paid at double time until released from duty for such rest period and shall then be entitled to be absent until the rest period has been taken, without loss of pay for ordinary working time occurring during such absence.

 

13.5.3 Overtime worked in the circumstances specified in 13.6 shall not be regarded as overtime for the purposes of this clause where the actual time worked is less than 3 hours on such recall or on each of such recalls.  Provided that, time worked on a recall or recalls in the circumstances specified in 13.6 of less than 3 hours duration shall be regarded as overtime for the purposes of this subclause only if the employee had responded to a recall after being contacted at home, response had involved the employee in an additional journey to and from the workplace and in the case of exceptional circumstances arising during the call-back period the employee, if required, had worked further even though the employee had performed the job for which the employee was recalled.

 

13.6    Call back - Monday to Friday inclusive

 

An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) shall be paid for a minimum of 4 hours’ work at the appropriate overtime rate for each time the employee is so recalled; provided that except in the case of unforeseen circumstances arising, the employee shall not be required to work the full 4 hours if the job the employee was recalled to perform is completed within a shorter period.  This subclause shall not apply in cases where it is customary for an employee to return to the employer’s premises to perform a specified job outside the employee’s ordinary working hours where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

13.7    Travelling time - Call ins

 

An employee who is contacted on any day of the week at home and responds to a call in to work involving the employee in an additional trip to and from the work place shall be paid one hour at his or her ordinary-time rate of pay for travelling time irrespective of the distance travelled.

 

This clause shall not apply in cases where it is customary for an employee to return to the employer’s premises to perform a specific job outside the employee’s ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time, or in the case of planned overtime (on weekends, public holidays, etc.) where notice of such overtime is given before the employee leaves the work place.

 

13.8    Cancellation of overtime

 

13.8.1 If notice cancelling a previous instruction to work overtime is given to an employee before the employee leaves the workplace, a penalty payment shall not be payable.

 

13.8.2 If notice cancelling the instruction is sent or telephoned to the employee’s registered address before the employee would normally have left to commence work, the employee shall be paid a minimum of:

 

13.8.2.1         two hours at the employee’s ordinary-time rate in the case of a week-day overtime cancellation, and

 

13.8.2.2         four hours at the employee’s ordinary-time rate in the case of a weekend work or holiday work cancellation.

 

Provided that an additional penalty shall not be payable if the employee is not at the employee’s registered address when notice of cancellation is delivered or telephoned and the employee subsequently reports for work.

 

13.8.3  If notice of cancellation provided in 13.8.2 is not delivered or telephoned to the employee’s registered address at least one hour before the employee would normally leave to commence work and the employee would normally be expected to partake of a meal at the work place during the period of overtime now cancelled, the employee shall be entitled to a meal allowance of $5.90.

 

13.8.4  For the purpose of this clause "registered address" shall mean the address recorded by the employer.

 

13.9    Time Off in Lieu of Overtime

 

13.9.1 Time off in lieu of payment for overtime may occur with the written agreement of the employer and employee concerned.  Such time-off may accumulate to a maximum of 70 hours within a twelve-month period.  The time off in lieu shall be taken at a mutually convenient time having regard to the operational needs of the workplace.

 

13.9.2 All accumulated hours shall be given and taken within, or at the expiration of the twelve months in which they accrued, provided that any time which may not have been taken upon termination of employment shall be paid to the employee at that time.

 

13.9.3 Detailed records of accumulated hours shall be kept by the employer and provided to the employee or his or her representative upon request.

 

13.9.4 Time off in lieu of overtime shall equate to the overtime payment the employee would have received.  That is to say, 1.5 hours time off shall accumulate for each hour of overtime worked when the overtime rate is time and one half, and 2 hours time off shall accumulate when the overtime rate is double time.

 

14.  Saturday Work-Day Workers

 

For all work done on a Saturday the rates of pay shall be time and a half for the first two hours and double time thereafter.

 

An employee required to report for work on Saturday shall be paid for at least 4 hours at the appropriate rate for each attendance.

 

15.  Sunday Work-Day Workers

 

For all work done on a Sunday the rates of pay shall be double time, such double time to continue until the employee is relieved from duty.  An employee required to report for work on a Sunday shall be paid for at least 4 hours at double time for each attendance.

 

An employee, other than a casual employee, who works on a Sunday and (except for meal breaks) immediately thereafter continues such work shall on being relieved from duty be entitled to be absent until the employee has had the period of rest as provided under subclause 13.5 of this award without reduction of pay for ordinary time of duty occurring during such absence.

 

16.  Shift Work

 

16.1

 

16.1.1 "Shift work" means work extending for at least two weeks and performed either in daily recurrent periods wholly or partly between the hours of 5.30 p.m. and 7.00 a.m., or in regular rotating periods.

 

For purpose of this definition the present system of shifts operating at Bankstown Aerodrome, where day work is carried out seven days a week on a roster, shall be regarded as shift work.  This paragraph shall apply only to employees at Bankstown Aerodrome.

 

16.1.2 "Afternoon shift" means any shift finishing after 6.00 p.m., and at or before midnight.

 

16.1.3 "Night shift" means any shift finishing subsequent to midnight, and at or before 8.00 a.m.

 

16.1.4 "Permanently working".  An employee shall be deemed to be and to have been "permanently working" an afternoon shift or night shift or combination of afternoon and night shifts if:

 

16.1.4.1         the employee works on an afternoon or night shift or combination of such shifts without rotating or alternating with another shift or with day work, so as to give the employee at least one-third the employee’s working time off that afternoon or night shift or combination of such shifts in each shift cycle; or

 

16.1.4.2         the employee remains on an afternoon or night shift only, or a combination of afternoon and night shifts, for a longer period than 4 consecutive weeks; or

 

16.1.4.3         the employee is specifically engaged to work on an afternoon or night shift only, or on a combination of afternoon and night shifts only.

 

16.1.5 "Continuous work" means work carried on with consecutive shifts of persons throughout the 24 hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.  "Non-continuous shift work" means shift work other than continuous shift work as defined.

 

16.1.6 "Aircraft refuelling shifts" means work arranged on a system of rostered shifts for the purpose of refuelling and/or servicing aircraft whether or not shifts are worked successively through the 24 hours of each day or overlap or are worked on all the days of the week.

 

16.2    Hours 5-Day non-continuous shift work

 

The provisions of clause 10 of this award shall apply to employees on 5-day non-continuous shift work.

 

16.3    5-Day continuous shift work

 

16.3.1 Shift work shall be arranged to provide for an average of 35 ordinary hours of work per week over the span of the shift cycle.

 

16.3.2 In the arrangement of rosters for 5-day continuous shift workers the following provisions shall apply:

 

16.3.2.1         Shifts will be of 8 hours duration.

 

16.3.2.2         Days off may be rostered off progressively over shift cycles or accumulated to a maximum of 10 days over a 26-week period.  Such days off will be calculated on the basis of time actually worked.

 

16.3.3 Notwithstanding anything contained in 16.3.1 and 16.3.2, shift workers will be paid for actual time worked calculated in accordance with their shift rosters.

 

16.3.4 Except at the regular changeover of shifts, an employee shall not be required to work more than one shift in each 24 hours.

 

16.3.5 Twenty minutes shall be allowed to shift workers each shift for crib, which shall be counted as time worked.

 

16.4    7-Day non-continuous shift work

 

16.4.1 Shift work shall be arranged to provide for an average of 35 ordinary hours of work per week over the span of the shift cycle provided that the ordinary hours of any one shift shall not be more than 8.  Provided further that by agreement between the employer and the union, the different limitations of ordinary hours may be made to meet domestic shift rosters.

 

16.4.2 Days off may be rostered off progressively over shift cycles or accumulated to a maximum of 10 days over a 26 week period.  Such days off will be calculated on the basis of time actually worked.

 

16.4.3 Notwithstanding anything contained in 16.4.1 and 16.4.2, shift workers will be paid for actual time worked calculated in accordance with their shift rosters.

 

16.5    7-Day continuous shift work

 

16.5.1 Shift work shall be arranged to provide for an average of 35 ordinary hours of work per week over the span of the shift cycle.

 

16.5.2

 

16.5.2.1         Shifts will be of 8 hours duration.

 

16.5.2.2         Days off may be accumulated to a maximum of 10 days over a 26 week period.  Such days off will be calculated on the basis of time actually worked.

 

16.6    Hours - Other than continuous work

 

This subclause shall apply to shift workers not on continuous work as hereinbefore defined.  The ordinary hours of such shift work shall be arranged to provide for an average of 35 ordinary hours per week.

 

Ordinary hours shall be worked continuously, except for meal breaks at the discretion of the employer.  An employee shall not be required to work for more than 5 hours without a break for a meal.

 

Except at regular changeover of shifts, an employee shall not be required to work more than one shift in each 24 hours.

 

16.7    Aircraft refuelling shifts

 

16.7.1 Shift work shall be arranged to provide for an average of 35 ordinary hours of work per week over the span of the shift cycle.

 

16.7.2 Employees may be rostered by the employer to work at such times as may be required provided that the ordinary hours of employment shall not, without payment for overtime, exceed:

 

16.7.2.1          8 hours in any one shift, or

 

16.7.2.2          70 hours in any two consecutive weeks.

 

16.7.3 There shall be a minimum interval between shifts of at least 10 hours off duty.

 

16.7.4 While on afternoon or night shifts, Monday to Sunday inclusive, employees shall be paid 15% above the ordinary-time rate. For the ordinary shift hours, Monday to Friday inclusive, employees shall be paid 10% above the ordinary-time rate.

 

16.7.5 30 minutes shall be allowed to shift workers in each shift for crib, which shall be counted as time worked.

 

16.7.6 For each pay week in which his/her roster requires that s/he commences his/her ordinary hours of work on more than two different starting times, an aerodrome attendant on shift work shall be paid $1.25 for each such starting time in excess of two at which s/he is required to commence duty in that pay week.

 

16.7.7 Employees required to hold themselves in readiness for call back shall, until released, be paid standing-by time at ordinary rates from the time they are so to hold themselves in readiness.

 

16.8    Shift allowances

 

For the ordinary hours of shift, shift workers shall be paid the following extra percentages of the rate prescribed for their respective classifications.

 

Shift percentages

 

16.8.1 Afternoon or night shift Monday to Sunday inclusive

 

(other than shift referred to hereunder)......................................15

 

16.8.2 Permanently working afternoon shift .........................................20

 

16.8.3 Permanently working night shift .................................................30

 

Permanently working alternate night and

 

16.8.4.1          when on afternoon shift.......................................20

 

16.8.4.2          when on night shift ..............................................30

 

16.8.5 Any other shift ...............................................................................10

 

16.9    Saturday work

 

For the ordinary shift hours worked between midnight on Friday and midnight on Saturday the rates of wages prescribed by clauses 8 and 16 of this award shall be increased by 50%, being cumulative upon all other shift premiums prescribed in 16.8.

 

16.10   Sunday work

 

For ordinary shift hours worked between midnight on Saturday and midnight on Sunday, the rates of wages prescribed by clause 8 of the award shall be increased by 100%, being cumulative upon all others shift premiums prescribed in 16.8.

 

16.11   Rate when shift extends beyond midnight

 

Notwithstanding anything herein contained, each shift shall be paid for at the rate applicable to the day on which the major portion of the shift is worked.

 

16.12   Crib time

 

All shifts of more than four hours shall include a paid crib time of 30 minutes, to be taken at a time convenient to the work in hand.  Provided that no employee shall be called upon to work a greater period than 5 hours without a crib time.

 

16.13   Work on a rostered day off

 

Shift workers who are rostered to work regularly on Sundays and holidays as part of their ordinary hours, shall be paid at the rate of double time for all work performed on their rostered days off.

 

A seven-day shift worker required to work on a rostered day off shall receive a minimum payment as for 4 hours of work.  The provision of a minimum payment shall not apply where the work on such day is continuous with the commencement or completion of the employee’s ordinary shift.

 

16.14   Rostered day off falling on a holiday

 

An employee whose rostered day off falls on a holiday Monday to Friday inclusive to which a day worker is entitled as provided in clause 36 of this award and who is not required to work shall receive a day’s pay at ordinary time rate in addition to the employee’s weekly wage.

 

16.15   Lack of public transport

 

In addition to the allowances prescribed in 16.3 an employee who works a rostered shift the ordinary hours of which extend beyond midnight and finish when reasonable means of public transport are not readily available, shall be paid an allowance of 45c for each such shift.  This allowance shall be payable only in circumstances where public transport normally available during the day and evening hours is not available after midnight.  The provisions of this subclause shall have no application in centres where public transport does not exist.  Provided that this subclause shall not apply to aerodrome attendants.

 

16.16   Transfer to existing shift rosters

 

48 hours’ notice of any change of shift shall be given to an employee in default of which overtime rates shall be paid for work done outside the ordinary shift hours within 48 hours of the time the employee is notified of the change.

 

16.17   Delivery shifts

 

The ordinary hours of shift workers engaged on deliveries shall be worked in 5 days Monday to Friday inclusive, provided that a shift commenced before midnight Friday and extending into Saturday shall be deemed to be worked within this period from Monday to Friday.  No shifts for deliveries on Saturdays and Sundays shall be arranged without further discussion with the union.  This subclause shall have no effect in regard to bridging operations or transfers of stock.

 

16.18   Variations of rosters

 

The method of working shifts and the time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment, or in the absence of agreement by 7 days’ notice of alteration given by the employer to the employee.

 

16.19   Overtime

 

For all time worked in excess of or outside the ordinary working hours prescribed by this award shift workers shall be paid:

 

16.19.1          if employed on seven-day shift work, i.e., employees working rostered shifts necessitating regular rostered Sunday and holiday work as part of their ordinary hours, at the rate of double time; or

 

16.19.2          if employed on other shift work:

 

16.19.2.1        at the rate of double time on Sundays;

 

16.19.2.2        at the rate of time and a half for the first two hours and double time thereafter, on all other days except in each case when the time is worked:

 

16.19.2.2.1     by arrangement between the employees themselves; or

 

16.19.2.2.2     for the purpose of effecting the customary rotation of shifts.

 

Where a relief person is unable to attend for duty that person shall wherever practicable give at least eight hours’ notice of his or her inability to attend. All overtime shall be paid on the weekly rate of wage that the employee is being paid.  Provided that the weekly rate shall not be deemed to include any shift allowance prescribed in this award.

 

Provided however a seven-day shift workers shall not be paid for overtime worked at any time at a lesser rate than is payable to employees performing their normal shift at such time.

 

16.20   Cancellation of overtime - shift workers

 

16.20.1          If notice cancelling a previous instruction to work overtime is given to an employee before the employee leaves the work-place, a penalty payment shall not be payable.

 

16.20.2          If notice cancelling the instruction is sent or telephoned to the employee’s registered address before the employee would normally have left to commence work, the employee shall be paid a minimum of:

 

16.20.2.1        two hours at the employee’s ordinary-time rate in the case of overtime scheduled for a day on which the employee is rostered to work an ordinary shift and

 

16.20.2.2        four hours at the employee’s ordinary-time rate in the case of overtime scheduled on a day on which the employee is not rostered to work an ordinary shift.

 

Provided that an additional penalty shall not be payable if the employee is not at the employee’s registered address when notice of cancellation is delivered or telephoned and the employee subsequently reports for work.

 

16.20.3          If notice of cancellation provided in 16.20.2 is not delivered or telephoned to the employee’s registered address at least one hour before the employee would normally leave to commence work and the employee would normally be expected to partake of a meal at the work-place during the period of overtime now cancelled, the employee shall be entitled to a meal allowance of $5.90.

 

16.20.4          For the purpose of this clause "registered address" shall mean the address recorded by the employer.

 

16.21   Call-in for early start

 

A seven day shift worker who, not having been notified before leaving the employer’s business premises is called in to start work at a time less than four hours before the commencing time of the employee’s ordinary hours of work shall for the first four hours from the time of commencement of work be paid at the rate of double time; such double time shall be in lieu of the rate prescribed in this award for the portion of the employee’s ordinary hours of work occurring during the said four hours.  Thereafter the employee will revert to the employee’s ordinary shift-rate.

 

16.22   Travelling time - call ins

 

A shift worker who is contacted on any day of the week at home and responds to a call-in to work involving the employee in an additional trip to and from the workplace shall be paid one hour at the employee’s ordinary-time rate of pay for travelling time, irrespective of the distance travelled.

 

16.23   Christmas Day - shift workers

 

When 25 December falls on a Saturday or Sunday and a substituted day is proclaimed to be observed as the holiday, the following will apply:

 

Work on 25 December will attract the public holiday penalty and, where the employee also works on the substituted day, no penalty will apply.  This only applies to work actually performed on 25 December and the substituted day will only be observed for purposes of payment on rostered days off.

 

16.24   Rest period before or after overtime

 

Subject to the provisions of this subclause, when overtime is necessary it shall be so arranged, wherever practicable, that a shift employee has a ten hour rest period between shifts worked on successive days.

 

The union, the employers and their employees will cooperate in establishing work arrangements which will provide, if practicable, for shift employees who work so much overtime between the termination of their ordinary shift on one day and the commencement of their ordinary shift on the next day that they have not had at least ten consecutive hours off duty between those times, be released after completion of such overtime until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

Except for the occasion when a shift employee exchanges shifts with another shift employee, with the employer’s approval, and without limiting the scope of the provisions of this subclause, overtime required to provide necessary shift coverage will be shared between the employees of the off-going shift and the on-coming shift.

 

17.  Meal Money

 

17.1    Any employee required to work overtime for more than one and a half hours immediately after the employee’s usual finishing time, otherwise than because of the employee’s own default or delay, shall be paid a meal allowance of $7.40.

 

17.2    Provided that, after each four hours overtime worked continuously and subsequent to the first one and a half hours an employee shall be entitled to a further meal allowance of $7.40 in respect of that four hours.  To be eligible for each payment of a meal allowance an employee must continue to work after the relevant meal break.

 

17.3    A meal allowance of $7.40 shall be paid to an employee who is called in on any day earlier that 1˝ hours before the time when (notwithstanding that in the case of a day worker such time is outside the spread of ordinary hours specified in clause 10 of this award or the case of a shift worker such time is earlier than the commencement of ordinary shift hours) the employee would have commenced work on that day had the employee not been so called in, and who thereby misses a meal which otherwise the employee would have partaken at home.  Provided that this payment shall not apply in respect of changes to regular starting times for which at least seven days notice has been given.

 

17.4    Any employee who is called upon to work on a holiday shall be paid either:

 

17.4.1 Where work continues for more than 9˝ hours a meal allowance of $7.40 and after the next four hours of continuous work in excess of eight hours on any such day a further meal allowance of $7.40 and after each additional four hours continuous work thereafter a subsequent meal allowance of $7.40 and after each additional four hours continuous work thereafter a subsequent meal allowance of $7.40 provided the employee continues working after each such qualifying period, or

 

17.4.2 where the work is extended unexpectedly beyond the time when the employee would ordinarily be expected to partake a meal on any such day, a meal allowance of $7.40 for the first such meal, $7.40 for the next meal and $7.40 for any subsequent meal.

 

17.5    A day worker, or a shift worker on other than seven day shifts, required to work on a Saturday or Sunday (not being a day on which the employee is ordinarily required to work) shall, after the first four hours of overtime work (provided the employee is required to work beyond the said four-hourly period) be paid $7.40.

 

This payment need not be made to an employee living in the same locality as the employee’s work place who can reasonably return home for a meal.

 

17.6    Notwithstanding the provisions of 17.3 and 17.4, a delivery driver required by the employer to commence work at or before 5.30 a.m. on a Saturday, Sunday or a public holiday as prescribed in clause 17 hereof, shall be paid a meal allowance of $7.40.

 

17.7    Allowances under this clause shall not apply:

 

17.7.1 When the employer provides a suitable meal as an alternative to payment of the relevant allowance; and

 

17.7.2 when an employee receives expenses covering such meals under clause 18 of this award.

 

18.  Travelling Allowance

 

18.1    Where an employer transfers an employee from his or her usual place of employment to another place of employment the employer shall pay all fares and expenses reasonably incurred in going to and from such place.

 

18.2    Where an employee is required by the employer to travel as a passenger by any conveyance, the employee shall whilst so travelling be paid at ordinary rate to a maximum of 12 hours out of every 24 of such travelling except on Sundays or holidays when payment shall be at the rate of time and a half, provided that when a sleeping berth is provided by the employer for all-night travel the maximum travelling time to be paid shall be 8 hours out of every 24.

 

18.3    Employees whose work necessitates their absence from home overnight shall be paid all expenses reasonably incurred by such absence, with a minimum payment of $32.00 per night or alternatively they shall be provided with reasonable meals and accommodation; provided that where an employee travels by boat or other conveyance in which the employee's ticket includes meals and bed the employee shall not be entitled to the said allowance.

 

18.4    Where an employee is transferred temporarily to work at a place which requires the employee to travel daily a greater distance from home than the distance to the employee’s usual place of employment, the employee shall be paid any additional fares and additional travelling time so incurred for a period not exceeding three months.

 

19.  Transport of Employees

 

19.1    When an employee, after having worked overtime or a shift for which the employee has not been regularly rostered, finishes work at a time when the employee’s normal means of transport or reasonable means of public transport are not readily available the employer shall provide the employee with a conveyance to such public transport as is available, or to the employee’s home, or pay the employee at the ordinary time-rate of the employee’s current wage for the time reasonably occupied in reaching home.  Provided that this clause shall not apply to those employees receiving the allowance prescribed in subclause 16.15 of this award.

 

19.2    When an employee, not having been notified before leaving his or her employer’s business premises, is called in before the employee’s usual commencing time to work overtime, or a shift, for which the employee has not been regularly rostered and at a time when the employee’s normal means of transport or reasonable means of transport are not available, the employer shall provide the employee with a conveyance to the employee’s place of work or pay the employee at the employee’s ordinary rate for the time reasonably occupied in reaching the employee’s place of work.

 

20.  Telephoning

 

20.1    Telephoning for instructions

 

Subject to a minimum of 3 hours pay where an employee complies with a direction to telephone for instruction in connection with overtime work the employee shall be paid at the employee’s ordinary-time rate from that telephone call until either the employee:

 

20.1.1 is given further direction to telephone later for instructions, or

 

20.1.2 is told a definite time at which the employee is to commence work, or

 

20.1.3 is released.

 

Where it becomes necessary for the employee to make a number of telephone calls at intervals determined by an authorised supervisor, the employee is to receive a minimum of 3 hours payment at the employee’s ordinary-time rate for each such telephone call, provided that no payment will be made for any telephone call within 3 hours of the last preceding telephone call.  Provided further that when an employee commences work, all payments due under this clause shall cease.

 

20.2    An employee, other than an employee engaged in continuous shift work, who on any day of the week responds to a telephone call (not being a telephone call in respect of which a payment is made under the provisions of 20.1 of this clause) made to the employee at home requiring the employee to report for work earlier than the next scheduled starting time shall, if the employee’s telephone rental is not paid by the employer, receive a payment of $7.40.

 

21.  Standing By

 

Subject to any custom now prevailing under which employees are required regularly to hold themselves in readiness for a call-back, employees required to hold themselves in readiness to work after ordinary hours shall until released be paid standing by time at their ordinary time rate from the time from which they are so told to hold themselves in readiness.

 

22.  Accident Pay - Make-Up of Pay

 

22.1    This clause shall apply to all employees covered by this award, and it shall apply only in respect of incapacity which results from an injury received on or after 1 April 1981.

 

22.2    The circumstances under which an employee shall qualify for accident make-up payment shall be as prescribed hereunder:

 

22.2.1 An employer shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment or compensation is payable by or on behalf of the employer pursuant to the provisions of the Workers Compensation Legislation (see definitions), as amended from time to time.

 

22.2.2 "Accident make-up payment" means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the Workers Compensation Legislation, and the employee’s appropriate 35 hour award rate, or, where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said award rate for that period.

 

22.2.3 An employer shall pay, or cause to be paid, accident make-up payment during the incapacity of the employee within the meaning of the said Act until such incapacity ceases or until the expiration of a period of fifty-two weeks from the date of injury, whichever event shall first occur.

 

22.2.4 The liability of the employer to pay accident make-up payment in accordance with this clause shall arise as at the date of the injury in respect of which compensation is payable under the said Act, and the termination of the employee’s employment for any reason during the period of any incapacity shall in no way affect the liability of the employer to pay accident make-up payment as provided in this clause.

 

22.2.5 In the event that the employee receives a lump sum in redemption of weekly payments under the said Act, the liability of the employer to pay accident make-up payment as herein provided shall cease from the date of such redemption.

 

22.2.6 An employer may at any time apply to the Industrial Relations Commission for exemption from the terms of this clause on the grounds that an accident make-up payment scheme proposed and implemented by that employer contains provisions generally not less favourable to its employees than the provisions of this clause.

 

23.  Uniforms

 

23.1    Where an employer requires a special uniform to be worn by an employee while on duty, such uniform shall be supplied by the employer free of charge to the employee.  Where a driver so requests, the driver’s uniform shall, if practicable, be laundered once per week at the employer’s expense.

 

23.2    Overalls, gloves, aprons, footwear and wet weather clothing shall be supplied to employees (together with such other special wearing apparel usually issued) working in places where it is agreed between the employer or the employer’s representative and the Secretary of the union or the Secretary’s representative that such are necessary.

 

Overalls supplied in accordance with this provision shall be laundered once per week at the employer’s expense.

 

23.3    Any clothing or other items supplied by the employer, for whatever reason shall remain the property of the employer.

 

24.  Licences

 

Where an employee, in the course of the employee’s duties, is required by law to obtain a special licence to operate special equipment, the licence fee will be reimbursed by the employer.

 

Where an employee, who does not hold a driving licence to drive a motor vehicle on a public highway, is required to hold such a licence for the performance of work, the employer will reimburse the employee the cost of the first licence fee.

 

25.  No Reduction in Wages

 

Nothing in this award shall of itself operate to reduce the rate of pay for any classification in existence prior to the making of the order.

 

26.  Mixed Functions

 

26.1    An employee engaged under this award and who in any day or shift does work involving different rates of pay shall be paid the highest of such rates for the whole of the employee’s ordinary working hours on that day or shift.

 

26.2    Where in any overtime period an employee is required to perform work involving different rates of pay, the employee shall be paid the highest of such rates for the whole of that overtime period.

 

26.3    The provisions of 26.1 and 26.2 will apply to work involving different rates of pay performed by an employee on a holiday as prescribed in clause 18 of this award.

 

26.4    The provisions of this clause shall not apply to the moving of vehicles in or around an employer’s premises.

 

27.  Employee Doing Work of a Lower Grade

 

Should an employee be temporarily transferred for a period not exceeding one week to perform a class of work as set out in clause 8 of this award carrying a lesser minimum rate of wage than at which the employee is usually employed, the employee shall not during such temporary transfer suffer any reduction of the employee’s usual wage.

 

28.  Casual Employees and Part-Time Employees

 

28.1    Casual Employees

 

28.1.1 Casual employees shall be paid per hour at the rate of 1/35th of the appropriate weekly award rate plus 20%, with a minimum payment as for one day.

 

28.1.2 Casual employees who work in excess of seven (7) hours on any one day, Monday to Friday inclusive, shall, for that time worked in excess of seven (7) hours, be paid at overtime rates.

 

28.1.3 Casual employees shall be notified at the end of the day if their services are not required for the next working day.  Failing the giving of such notice a full day’s wages shall be paid for the next working day.

 

28.2    Casual Employees - Rural Distribution Operations

 

28.2.1 The employment of a casual employee (Rural Distribution Operations) may be terminated at any time.

 

28.2.2 A casual employee (Rural Distribution Operations) shall be paid per hour at the rate of 1/35th of the appropriate weekly award rate plus 20%, with a minimum payment as for hour hours.

 

28.2.3 A casual employee who works in excess of seven (7) hours on any one day, Monday to Friday inclusive, shall be paid for that time worked in excess of seven (7) hours at overtime rates.

 

28.2.4 Conversion of casual employment

 

(i)       A casual employee, other than an irregular casual employee as defined in clause 28.2.4(xi), who has been engaged by a particular employer for a sequence of periods of employment under this Award during a period of twelve months shall thereafter have the right to elect to have his or her contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.

 

(ii)       An employer of such an employee shall give the employee notice in writing of the provisions of clause 28.2.5 within four weeks of the employee having attained such period of twelve months.

 

(iii)      The employee retains his or her right of election under this clause even if the employer fails to comply with clause 28.2.4(ii).

 

(iv)      A casual employee who does not, within four weeks of receiving written notice, elect to convert his or her contract of employment to a full-time employment or a part-time employment will be deemed to have elected against any such conversion.

 

(v)      Any casual employee who has a right to elect under clause 28.2.4(i), upon receiving notice under clause 28.2.4(ii) or after the expiry of the time for giving such notice, may give four weeks notice in writing to the employer that he or she seeks to elect to convert his or her contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer shall either consent to or refuse the election but shall not unreasonably so refuse.  Any dispute about a refusal of an election to convert a contract of employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

 

(vi)      A casual employee who has elected to be converted to a full-time employee or a part-time employee, may only revert to casual employment by written agreement with the employer.

 

(vii)     lf a casual employee has elected to have hrs or her contract of employment converted to full-time or part-time employment in accordance with clause 28.2.4(i), the employer and employee in accordance with this subparagraph, and subject to clause 28.2.4(iii), shall discuss and agree upon:

 

(1)      which form of employment the employee will convert to, that is, full-time or part-time; and

 

(2)      if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked as set out in clause 28.3.

 

(viii)    An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full­time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between the employer and employee.

 

Following such agreement being reached, the employee shall convert to fulltime or part-time employment.

 

Where, in accordance with clause 28.2.4(v) an employer refuses an election to convert, the reasons for doing so shall be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

 

(ix)      Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

 

(x)      An employee must not be engaged, disengaged and re-engaged to avoid any obligation under this Award.

 

(xi)      An "irregular casual employee" is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

 

(xii)     The provisions of clause 28.2.4 do not apply to irregular casual employees.

 

28.3    Permanent Part-time Employees - Rural Distribution Operations

 

28.3.1 Permanent part-time employees (Rural Distribution Operations) may be employed for a minimum of four hours and a maximum of seven hours (continuously) in any one day, and a minimum of twenty hours and a maximum of 30 hours in any one week from Monday to Friday, inclusive.  There should be a minimum of three days and a maximum of five days rostered per week. These hours may be varied by agreement between the employer and the Secretary Treasurer of the Union.

 

28.3.2 Permanent part-time employees (Rural Distribution Operations) will not be required to work split shifts.

 

28.3.3 Permanent part-time employees (Rural Distribution Operations) shall be paid pro-rata the appropriate award rate of pay and applicable allowance.

 

28.3.4 Permanent part-time employees (Rural Distribution Operations) who, by agreement with their employer, work in excess of 35 hours in any one week, shall be paid for that time worked in excess of 35 hours, in accordance with the overtime provisions of this award.

 

28.3.5 Permanent part-time employees shall be paid pro-rata:

 

entitlements upon termination of employment

 

for public holiday and Sunday work

 

for sick leave

 

for annual leave

 

for long service leave.

 

28.3.6 Conversion of casual employment - rural distribution operations

 

(i)       A casual employee, other than an irregular casual employee as defined in clause 28.3.6(xi), who has been engaged by a particular employer for a sequence of periods of employment under this Award during a period of twelve months shall thereafter have the right to elect to have his or her contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.

 

(ii)       An employer of such an employee shall give the employee notice in writing of the provisions of clause 28.3.6 within four weeks of the employee having attained such period of twelve months.

 

(iii)      The employee retains his or her right of election under this clause even if the employer fails to comply with clause 28.3.6(ii).

 

(iv)      A casual employee who does not, within four weeks of receiving written notice, elect to convert his or her contract of employment to a full-time employment or a part-time employment will be deemed to have elected against any such conversion,

 

(v)      Any casual employee who has a right to elect under clause 28.3.6(i), upon receiving notice under clause 28.3.6(ii) or after the expiry of the time for giving such notice, may give four weeks notice in writing to the employer that he or she seeks to elect to convert his or her contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer shall either consent to or refuse the election but shall not unreasonably so refuse.  Any dispute about a refusal of an election to convert a contract of employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

 

(vi)      A casual employee who has elected to be converted to a full-time employee or a part-time employee, may only revert to casual employment by written agreement with the employer.

 

(vii)     lf a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with clause 28.3.6(i), the employer and employee in accordance with this subparagraph, and subject to clause 28.3.6(iii), shall discuss and agree upon:

 

(1)      which form of employment the employee will convert to, that is, full-time or part-time; and

 

(2)      if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked as set out in clause 28.4.

 

(viii)    An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full­time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between the employer and employee.

 

Following such agreement being reached, the employee shall convert to fulltime or part-time employment.

 

Where, in accordance with clause 28.3.6(v) an employer refuses an election to convert, the reasons for doing so shall be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

 

(ix)      Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure,

 

(x)      An employee must not be engaged, disengaged and re-engaged to avoid any obligation under this Award

 

(xi)      An "irregular casual employee" is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

 

(xii)     The provisions of clause 28.3.6 do not apply to irregular casual employees.

 

Section III Employer And Employee Duties, Employment Relationship

 

29.  Contract of Employment

 

29.1    Except as hereinafter provided employment shall be by the week.  Any employee not specifically engaged, as a casual employee shall be deemed to be employed by the week.  Employment shall be terminated by a week’s notice on either side given at any time during the week or by the payment or forfeiture of a week’s wages as the case may be.  This shall not affect the right of the employer to dismiss any employee without notice or payment in lieu of notice for inefficiency, neglect of duty or wilful misconduct.

 

Where an employee has given or been given notice as aforesaid he or she shall continue in employment until the date of the expiration of such notice.

 

Any employee who having given or been given notice as aforesaid, without reasonable cause (proof of which shall lie on the employee) is absent from work during such period, shall be deemed to have abandoned his or her employment and shall not be entitled to payment for work done within that period.

 

An employee (other than an employee who has given or been given notice in accordance with this subclause) not attending for duty shall, except as provided by clause 26 of this award, lose pay for the actual time of such non-attendance.

 

It is a term and condition of employment and of the obligations and rights accruing under this award that employees shall:

 

29.1.1 subject to clause 19 perform such work including shift work as their employer shall, from time to time, reasonably require; and

 

29.1.2 subject to 13.4 comply with the orders of the employer to work reasonable overtime at any time during the seven days of the week at the appropriate remuneration prescribed in this award; and

 

29.1.3 if be shift workers who are not relieved as scheduled at the end of their shift, continue to work at the appropriate overtime rate until relieved or otherwise authorised to finish work by their employer; and

 

29.1.4 use all appropriate protective clothing and equipment provided by their employer for specific circumstances; and

 

29.1.5 comply with their employer’s direction to carry out work required for the safety or personnel and plant (including when required, the continued operation of plant); and

 

29.1.6 comply with their employer’s direction to keep the work place and equipment in a clean and safe condition.

 

29.2    An employee, to become entitled to payment of the weekly wage prescribed by this award, shall be available, ready and willing to perform such work as the employer shall, from time to time, require on the days and during the hours usually worked by the class of employee comprising him or her but any employee so available, ready and willing to work for the whole week and not justifiably dismissed shall be entitled to a full week’s wage.

 

29.3    Payment of wages

 

29.3.1 Wages shall be paid weekly or by agreement fortnightly provided that the last two days’ wages due may be kept in hand.  Where wages are paid on a weekly basis the ordinary rate for the week shall be one half of the fortnightly rate of pay.  Provided that deductions for unpaid absences shall be calculated at the hourly rate.  Provided also that payment for overtime worked at country depots and outport installations within the week before the pay day need not be made until the succeeding pay day.

 

29.3.2 Where an employee’s rostered day-off (under the 9-day fortnight roster) falls on a pay day the employee shall be paid his or her wages not later than the next working day following the employee’s rostered day-off.  Provided that if such pay day falls on a Friday wages will be paid on the employees’ preceding working day.

 

29.3.3 An employee kept waiting for his or her wages on pay day for more than a quarter of an hour after the usual time for ceasing work, shall be paid at overtime rates until paid with a minimum of half an hour.

 

29.3.4 On or prior to pay day, the employer shall state to each employee in writing the amount of wages to which the employee is entitled, the amount of deductions made therefrom, and the net amount being paid to the employee.

 

29.3.5 An employer and an employee may agree that wages due to the employee be paid by cheque or into a bank account nominated by the employee.

 

29.3.6 It shall be a full discharge of the obligations and rights accruing from week to week under clause 16 of this award, if, in pursuance of an agreement made between an employer and the union, a different method of wage payment is adopted averaging over a full shift cycle the payments normally accruing from shift work to a shift worker.  This provision shall apply even if a shift worker fails for any reason to work a full shift cycle.

 

30.  Gear and Equipment to be Provided

 

All necessary gear and equipment shall be provided by and remain the property of the employer.

 

31.  Unauthorised Persons on Vehicles

 

Employees shall not permit any unauthorised person or persons to accompany them on their vehicles or permit any such person or persons to assist them in the delivery of goods, wares, merchandise or material unless such person or persons have been engaged as an employee or is the owner of such goods, wares or merchandise or material or is the agent of such owner.

 

Section IV Leave Entitlements And Public Holidays

 

32.  Sick Leave

 

32.1    Employees on weekly hiring who are absent from work on account of personal illness or incapacity shall be entitled to leave of absence without deductions of pay subject to the following conditions and limitations:

 

32.1.1 They shall not be entitled to paid leave of absence for any period in respect of which they are entitled to workers’ compensation.

 

32.1.2 Where practicable they shall notify the nominated representative of their employer prior to the commencement of their next period of work and, in any case, they shall within 24 hours of the commencement of such absence inform the employer of their inability to attend for duty and, as far as practicable, state the nature of the illness or incapacity and the estimated duration of the absence.

 

32.1.3 They shall prove they were unable on account of such illness or incapacity to attend for duty on the day or days for which sick leave is claimed.

 

32.1.4 They shall not be entitled in respect of any year of service with their employer to leave in excess   of five days in their first year of service and eight days in any subsequent year of service.  Provided that sick leave shall accumulate from year to year so that any balance of the period specified herein which has in any year not been allowed to an employee by an employer as paid sick leave may be claimed by the employee and, subject to the conditions hereinbefore prescribed, shall be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of the year.  Provided further that sick leave which accumulates pursuant to this subclause shall be available to the employee for a period of 10 years but not longer from the end of the year in which it accrues.

 

32.2    Employees are not entitled to sick leave for more than two absences each of a single day in any one year of service without the production (if requested by the employer) of a certificate from a qualified medical practitioner.  Nothing in this subclause shall limit the employer’s rights under 32.1.3.

 

33.  State Personal/Carer’s Leave

 

33.1    Use of Sick Leave

 

33.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 33.1.3.2 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 32, 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.

 

33.1.2 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

 

33.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:

 

33.1.3.1          the employee being responsible for the care of the person concerned; and

 

33.1.3.2          the person concerned being:

 

33.1.3.2.1       a spouse of the employee; or

 

33.1.3.2.2       a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

33.1.3.2.3       a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

33.1.3.2.4       a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

33.1.3.2.5       a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

(1)      "relative" means a person related by blood, marriage or affinity;

 

(2)      "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(3)      "household" means a family group living in the same domestic dwelling.

 

33.1.4 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 46, Dispute And Grievance Procedure, should be followed

 

33.2    Unpaid Leave for Family Purpose

 

33.2.1 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 33.1.3.2 above who is ill or who requires care due to an unexpected emergency.

 

33.3    Annual Leave

 

33.3.1 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

 

33.3.2 Access to annual leave, as prescribed in 33.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

33.3.3 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.

 

33.3.4 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.

 

33.4    Time Off in Lieu of Payment for Overtime

 

33.4.1 For the purpose only of providing care and support for a person in accordance with 33.1, and despite the provisions of clause 13, Overtime - Day Workers, the following provisions shall apply.

 

33.4.2 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.

 

33.4.3 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.

 

33.4.4 If, having elected to take leave in accordance with 33.4.1, 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.

 

33.4.5 Where no election is made in accordance with 33.4.1, the employee shall be paid overtime rates in accordance with the award.

 

33.5    Make-up Time

 

33.5.1 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.

 

33.5.2 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.

 

33.6    Rostered Days Off

 

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

 

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

 

33.6.3 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.

 

33.6.4 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.

 

33.7    Personal Carers Entitlement for casual employees -

 

(1)      Subject to the evidentiary and notice requirements in 33.1.2 and 33.1.4 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 33.1.3.2 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.

 

34.  Bereavement Leave

 

34.1    An employee other than a casual employee shall be entitled to up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in 34.3.

 

34.2    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.

 

34.3    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 33.1.3.2 of clause 33, State Personal/Carer’s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

34.4    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.

 

34.5    Bereavement leave may be taken in conjunction with other leave available under 33.2, 33.3, 33.4, 33.5, and 33.6 of clause 33.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

34.6    Bereavement entitlements for casual employees

 

34.6.1 Subject to the evidentiary and notice requirements in 34.2 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 33.1.3.2 of clause 33, Personal/Carer's Leave.

 

34.6.2 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.

 

34.6.3 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.

 

34A.  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).

 

35.  Annual Leave

 

35.1

 

35.1.1 Except as hereinafter provided all weekly employees, after each 12 months’ continuous service with an employer, shall be granted four weeks leave on full pay.

 

35.1.2 In addition to the leave hereinbefore prescribed, seven-day shift workers, that is employees working rostered shifts necessitating regular rostered Sunday and holiday work as part of their ordinary hours after each 12 months’ continuous services shall be given an extra week’s leave provided that where an employee is engaged for part only of the twelve monthly period as a seven day shift worker the extra leave to which the employee shall be entitled shall be the same proportion of a week as the proportion which the time the employee spent as a seven day shift worker during the period bears to a year.

 

35.1.3 An employee whose services are terminated for any cause whatsoever, or who leaves his or her employment in a qualifying period for annual leave, shall be entitled to the cash equivalent of such leave in respect of the period worked in the proportion which that period bears to a year.

 

35.2    Broken Leave

 

The annual leave shall be given and taken in one continuous period or, if the employee and the employer so agree, in two separate periods and not otherwise.

 

Short-term annual leave

 

An employee may request and, with the consent of the employer, take short-term annual leave, not exceeding four days in any calendar year, at a time or times separate from any of the periods determined in accordance with 35.2.

 

35.3    Annual leave in advance

 

35.3.1 An employer may grant to employees annual leave or, subject to 35.2, a part thereof before the right to the leave has fully accrued due, but where the leave or part thereof is so taken, a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which the leave or part leave was granted in advance.

 

35.3.2 Where the annual leave or part thereof has been granted to an employee pursuant to this subclause before the right to the leave has accrued due; and

 

35.3.2.1         the employee subsequently leaves or is discharged before completing the twelve months continuous service in respect of which the leave or part leave was granted; and

 

35.3.2.2         the sum paid by the employer to the employee for the leave or part leave taken in advance exceeds the sum which the employer is required to pay the employee under 35.1.3 the employer shall not be liable to make any payments to the employee and shall be entitled to deduct the amount of such excess, but excluding any sums paid for any of the holidays prescribed by clause 36 of this award from any remuneration payable to the employee upon termination of the employment.

 

35.4

 

35.4.1 An employee before going on annual leave shall be paid therefore at the rate at which the employee was ordinarily employed prior to the commencement of leave.

 

Notwithstanding the above paragraph an employee classified under classification 2 - Delivery vehicles (products) - shall be paid before going on annual leave at the higher rate when the employee has worked on a higher tonnage vehicle for a period of four weeks or more during the preceding six months.  It shall not be a requirement that the period of four weeks be consecutive but shall cover a period of 28 calendar days or twenty working days in the six months period.

 

35.4.2 An employee at the time of entering upon a period of annual leave in accordance with the provisions of this clause and the Annual Holidays Act 1944, shall be entitled to an additional payment of 22˝% in respect of that period of leave.

 

Provided that employees whose services are terminated (either by themselves or by their employer) after having accrued a full years’ entitlement of annual leave shall receive the above payments in respect of that entitlement; provided further that pro-rata payments in lieu of annual leave on termination of employment shall be paid for only at the employees’ ordinary-time rate of pay.

 

35.5

 

35.5.1 Annual leave shall be granted as soon as practicable after accrual and shall be taken not later than six months of its becoming due.

 

35.5.2 At least six months notice shall be given of the commencement of annual leave, provided that any employee and his or her employer may agree that less than six month’s notice may be given in individual cases.

 

35.6    Except as provided in 35.1.3, payment shall not in any circumstances be made in lieu of annual leave.

 

35.7    An employee on a period of annual leave will not accept other employment during that period of annual leave, and an employer will not knowingly engage a worker who is on annual leave.

 

35.8    Subject to this subclause the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by clause 36 of this award, and 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 either there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday, or else by mutual agreement the employee may work such equivalent time, in which case the employee shall be paid therefore at the appropriate rate prescribed by subclause 36.4 of this award.

 

36.  Holidays

 

36.1    Subject to the provisions of 36.2, 36.3 and 36.8, employees on weekly hiring shall be entitled to the following holidays without deduction of pay:

 

New Year’s Day, Australia Day, Good Friday, Easter Monday, Easter Tuesday (except in Newcastle where Show Day shall be observed), Labour Day (or the day observed as Labour Day), Anzac Day, the Birthday of the Sovereign, August Bank Holiday, Christmas Day and Boxing Day.

 

36.2    When Anzac Day falls on a Saturday or a Sunday, the following Monday or the day gazetted by the State government to be observed as the Anzac Day holiday shall be substituted for Anzac Day.

 

36.3    Where other days are generally observed in any locality as a substitute for any of the above days, they should be so observed together with any other holiday specially proclaimed for a State or National occasion by State Parliament or the Commonwealth, even though the holiday may be observed on different days in different localities in any State or States to which this Award applies.  An employee shall not be entitled to the benefit of more than one holiday as a consequence of such proclamation.

 

36.4    Employees called upon to work on any of the holidays above shall be notified no later than the day before and, except as provided in 36.5 and 36.6, shall in addition to their weekly wage, be paid double time for all time worked with a minimum payment as for four hours.

 

36.5    If the employee is required to work on a holiday during hours which if that day was not a holiday, would be outside the range of ordinary working time mentioned in clause 10 and 16 of this award, the employee’s hourly rate for such work shall be triple time.

 

36.6    For the purposes of calculating payments for holidays under this clause, the ordinary rate of pay for employees employed as shift workers under clause 16 of this award will include the relevant shift allowances prescribed in clause 16.8 of this award.

 

36.7    An employee notified to attend for work on a holiday which is not so worked shall be paid at holiday rates for 4 hours.  Provided that this subclause shall not apply where an employee who has already been notified to attend for work is given a minimum of 24 hours notice that he or she is not so required.

 

36.8    Where an employee is absent from employment on the working day before or the working day after a holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.

 

36.9    Where in the State or a locality within the State an additional holiday is proclaimed or gazetted by the authority of the Commonwealth Government or of the State Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout the State of locality thereof, other than by those covered by Federal awards, or when such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day shall be deemed to be a holiday for the purposes of this Award, for employees covered by this Award who are employed in the State, or locality in respect of which the holiday has been proclaimed or ordered as required.

 

37.  Jury Service

 

Subject to the production of satisfactory evidence, employees required to be absent from work due to jury service will be reimbursed by their employer for any loss of wages to the extent of the difference between the amount they received for attendance on jury service and their ordinary-time rate of pay during such absence.

 

Section V Training And Occupational Health And Safety

 

38.  Training

 

38.1    Following proper consultation, which may involve the setting up of training committees, the employer shall develop a training policy and programme consistent with:

 

38.1.1 the current and future skill needs of the enterprise;

 

38.1.2 the size, structure and nature of the operations of the enterprise;

 

38.1.3 the need to develop vocational skills relevant to the enterprise and the transport industry through courses conducted by appropriate educational institutions and training providers.

 

38.2

 

38.2.1 Where, as a result of consultation, it is agreed by the employer that additional training in accordance with the programme developed pursuant to 38.1 should be undertaken by an employee, that training may be undertaken either on or off the job.  Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay.  The employer shall not unreasonably withhold such paid training leave.

 

38.2.2 Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure.  Provided that reimbursement of standard fees may be made at the completion of the prescribed course or annually, whichever is the earlier, subject to reports of attendance at such courses.

 

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

 

38.3    38.1 and 38.2 herein shall operate as interim provisions and shall be reviewed after twelve months’ operations.

 

39.  First Aid

 

Employees holding a current first aid qualification from St. John Ambulance or similar body and appointed by their employer to perform first aid duty shall be paid in addition to their wages $11.43 for any week they are so appointed.  The employer will reimburse the cost of fees for any courses necessary for employees covered by this clause to obtain and maintain current the appropriate first aid qualification.

 

40.  Rest Break

 

Subject to their observance of the employer’s safety regulations, all employees shall be allowed a rest break of 10 minutes during each period of at least 4 hours ordinary working time, and during each continuous period of at least 4 hours performed on Saturdays, Sundays and holidays.

 

Rest breaks shall be taken having regard to the work in progress and at times which minimise the interruption to work then being performed.

 

41.  Amenities

 

The following amenities shall be provided by the employer:

 

41.1    Wash hand basins

 

41.2    Where 10 or more employees are regularly employed at the one time, and in the one location, hot and cold showers and an adequate dressing room with individual clothing lockers.

 

41.3    Cool drinking water in a position reasonably accessible to employees.

 

42.  Heavy Articles

 

No employee shall be permitted to lift free or carry without proper appliances goods or material of any kind exceeding 50 kilos in weight unless an assistant is provided.

 

1.        Insert after clause 42, Heavy Articles, the following new clause:

 

42A.  Occupational Health and Safety

 

(i)       Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer's premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(1)      consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

(2)      provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely.

 

(3)      provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(4)      ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(ii)       Nothing in this subclause (f) is intended to affect or detract from any obligation or responsibility upon a contract business or labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

Section VI Industrial Relations And The Union And Other Provisions

 

43.  Union Delegate

 

An employee appointed as Union delegate (or an employee appointed as co-delegate to act in the absence of the delegate) in a yard or depot shall upon notification thereof to the employer by the branch or sub-branch Secretary of the union, be recognised as the accredited representative of the union and shall be allowed the necessary time during working hours to interview the employer or the employer’s representative on matters affecting employees in the yard or depot.

 

A union delegate or in the delegate’s absence the co-delegate may interview a member or members of the union who are shift workers during their working hours, provided that as a result of such interview the employer is not required to pay overtime to such delegate, co-delegate or to the employees concerned.

 

Where the employer is satisfied that a delegate’s attendance at an Industrial Relations Commission hearing will contribute to the proper conduct of proceedings involving the employer and the union, the delegate will be granted the necessary leave without loss of ordinary pay.

 

44.  Notice Boards

 

The employers covered by this award shall supply a notice board for the use of the Union, and permit the Union to display thereon any notice dealing with legitimate union business provided that such notice is authenticated by the signature of an accredited Union representative and the employer concerned consents to the posting of that notice.  Such consent shall not be withheld unreasonably and such authorised notices shall not be removed unreasonably from the notice board.  The union shall ensure that out-dated notices are not left on notice boards.

 

45.  Award to be Exhibited

 

A copy of this award and any variations thereto shall be posted and kept posted in a prominent position in an accessible place in each yard or depot.

 

46.  Dispute and Grievance Procedure

 

46.1    Industrial Disputes:

 

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

 

46.1.1 The matter shall first be raised with the Branch Supervisor and agreement sought.

 

46.1.2 If the dispute is not resolved at this level, the matter may be discussed between the Union delegate and the Branch Manager.

 

46.1.3 Should the dispute remain unresolved, the matter may be referred to an official of the Union, who shall discuss it with senior management.

 

46.1.4 In the event of no agreement being reached at this stage, the dispute will be referred to the Industrial Relations Commission of New South Wales.

 

46.1.5 Reasonable time limits will be allowed for discussion at each level of authority.

 

46.1.6 While the procedure is being followed, normal work will continue.

 

46.2    Individual Grievances:

 

46.2.1 The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

46.2.2 A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

46.2.3 Reasonable time limits must be allowed for discussion at each level of authority.

 

46.2.4 At the conclusion of the discussion, the employer must provide a response to the employee’s grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

46.2.5 While a procedure is being followed, normal work must continue.

 

46.2.6 The employee may be represented by the Union.

 

47.  Enterprise Flexibility Discussions

 

47.1    Pursuant to Clause 51 Award Modernisation, the parties acknowledge that discussions at enterprise level should continue and be based on the following:

 

47.1.1 Terminals and/or Airport Managers to arrange meetings with employees:

 

If Award matters are to be discussed, the Union must be invited to participate and should be given at least seven (7) days’ notice of the meeting.

 

If non-Award matters are to be discussed, the unavailability of union/employer organisations shall not prohibit discussions continuing.

 

47.1.2 Employees should be encouraged to list any matters they believe should be raised for discussion.

 

47.1.3 Formal discussions with the employer and employees should commence.

 

47.1.4 The number of enterprise flexibility discussion meetings shall not be limited.  Should assistance be required by employees in these discussions, the Union should be advised and invited to attend.  If employers required assistance, they should seek help from the appropriate employer organisation or agent.

 

47.1.5 Agreements:

 

Should agreement be reached on matters relating to the Award, the following procedures should be followed:

 

47.1.5.1         Refer such agreements to both the Union and the appropriate employer organisation, or agent, for examination and, if necessary, refinement.  Agreements may be referred back to the employer and employees for further consideration, but the parties’ rights are preserved under 47.1.5.

 

47.1.5.2         The parties agree that the agreements meet the Award Modernisation provisions of the Award, then the matter shall be forwarded to the Commission for ratification.

 

47.1.5.3         Such agreements shall form schedules to the Award for the enterprise concerned and that schedule shall override any award provisions to the extent of the agreement.

 

47.1.5.4         After ratification, the "new" Award provisions may be implemented in the yard.

 

47.1.6 If there is no agreement between the parties, the matter shall be determined by the Commission, subject to the Award Modernisation clause.

 

47.2    Where an issue of Union coverage arises, the resolution of this issue should be consistent with NSW Labour Council Policy and the NSW Labour Council may be involved.

 

This does not preclude yard level agreements provided they are consistent with the Award Modernisation provision and the guidelines herein.

 

47.3    In conducting enterprise flexibility discussions, the Award Modernisation provision enables all Award and non-Award matters to be discussed.

 

However, if there is a requirement to vary the Award, then the matter must be processed through the Award Modernisation provision.

 

If the matter does not require Award variation, then the matter can be implemented locally and without delay.

 

47.4    The Transport Workers’ Union believes that delegates should have the opportunity to attend VETAB Courses.

 

However, attendance at a VETAB Course is not a prerequisite for discussions occurring at a local level and should not constitute an impediment to enterprise flexibility discussions continuing.

 

47.5    At any stage in the development and/or conduct of enterprise discussions a party may call upon the Industrial Relations Commission for assistance in progressing discussions.

 

48.  Time and Wages Record

 

48.1    Each employer shall keep records at the yard or depot where the employee usually commences work or in a place easily accessible to both the employer and the employee.

 

48.2    Such records shall show the name of each employee, the time the employee starts and finishes work each day, the number of hours worked by the employee and the wages and overtime paid.

 

48.3    Such records shall on demand be produced by the employer for inspection by any officials (not more than three in number at the one time) of the union duly authorised in writing by the President and Secretary of the local branch or sub-branch of the union.  The inspection shall be made at the place where the records are kept and during the usual office hours of such place, and the authorised union official shall be permitted to make a copy of extracts from such time and wage records relevant to the complaint the official is investigating.

 

48.4    An employer may at its option provide a mechanical clock for the purpose of such record.

 

48.5    The employer and the employee shall be severally responsible for the proper compilation of such time record daily.

 

49.  Right of Entry

 

See Part 7 of Chapter 5 of the Industrial Relations Act 1996.  (NOTE: This provides that a duly accredited representative of the union shall have the right to enter any work place or premises for the purpose of interviewing employees and investigating suspected breaches of awards or agreements or the Industrial Relations Act 1996 and in such investigations inspect time and pay sheets - so long as the representative does not unduly interfere with the work being performed by any employee during working time).

 

50.  Commitment

 

50.1    The parties will negotiate to ensure that as part of a service industry, companies operate as flexibly as possible in order to meet customer demand.

 

50.2    Employees within each grade are to perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.

 

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

 

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

 

51.  Award Modernisation

 

51.1    The parties are committed to modernising the terms of the Award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

 

51.2    In conjunction with testing the new award structure, the union is prepared to discuss all matters raised by the employers for increased flexibility.  As such any discussion with the union must be premised on the understanding that:

 

51.2.1 The majority of employees at each enterprise must genuinely agree.

 

51.2.2 No employee will lose income as a result of the change.

 

51.2.3 The union must be party to the agreement, in particular where enterprise level discussions are considering matters requiring any award variation the union must be invited to participate.

 

51.2.4 The union will not unreasonably oppose any agreement.

 

51.2.5 Any agreement shall be subject, where appropriate, to approval by the Industrial Relations Commission and, if approved, shall operate as a Schedule to the Award and take precedence over any inconsistency.

 

51.2.6 The disputes procedure will apply if agreement cannot be reached in the implementation process on a particular issue.

 

51.3    Should an agreement be reached pursuant to 47.2 at a particular enterprise and that agreement requires award variation, the parties will not oppose that award variation for that particular provision for that particular enterprise.

 

51.4    The parties agree that working parties will continue to meet with the aim of modernising the Award.

 

Part B

 

MONETARY RATES

 

Wage Rates, Allowances and Additional Payments

 

The actual wage to be paid to an adult employee of the classification specified herein shall, except as otherwise required in this award, be at the rate herein after assigned to that classification.

 

Rate per week for adult service with the same employer including service with a previous employer whose business or part of the business has been acquired or taken over by the employer (as defined).

 

The rates contained in Part B, Monetary Rates, Wage Rates, Allowances and Additional Payments, the operative date shall take effect from the beginning of the first full pay period to commence on or after 9 April 2008.

 

Classification

Rate of Pay

 

$

 

Operative Date:  9 April 2008

(a)  Aerodrome Servicing

 

(i)  Aerodrome Attendant

657.20

(ii)  Senior Aerodrome Attendant

 

Grade I - Sydney

698.90

Grade II - other airports or where there are two Senior Aerodrome

678.10

Attendants on the same shift

 

(b)  Delivery Vehicles (products)

 

Employee driving a motor vehicle with a combined weight or

 

vehicle and maximum load of :

 

(i)  Rigid Vehicle Utility

628.00

Under 10 tonnes

638.40

10 tonnes & <13 tonnes

641.60

13 tonnes & <19 tonnes

646.80

19 tonnes & <25 tonnes

652.00

Thereafter, for each additional 6 tonnes or part thereof:

$7.85 per week extra

(ii)  Articulated Vehicle Under 10 tonnes

641.60

10 tonnes & <13 tonnes

646.80

13 tonnes & <19 tonnes

646.80

19 tonnes & <25 tonnes

657.20

25 tonnes & <31 tonnes

662.40

31 tonnes & <37 tonnes

672.80

37 tonnes & <43 tonnes

678.10

 

Thereafter, for each additional 6 tonnes or part thereof

$7.85 per week extra

 

Where a trailer is drawn behind a vehicle described in (i) or (ii) above, the combined weight of the trailer and vehicle and maximum load shall be deemed to be the weight or the vehicle on which wages shall be determined for all purposes of the award.

 

The rates in (i) and (ii) above include payments for salesmen/drivers collecting money and, when required, carting packages, fuel oil in drums or bulk, or carting, spreading and/or spraying bituminous products on the street.

 

Classification

Rate of Pay

 

$

 

$

(c)  Mobile Cranes and Fork Lifts Employee driving or operating a

 

mobile crane or fork lift with a lifting capacity of:

 

Up to & incl. 5 tonnes

632.60

over 5 tonnes & <6

633.60

6 tonnes & <7 tonnes

635.00

7 tonnes & <8 tonnes

635.60

8 tonnes & <9 tonnes

635.80

9 tonnes & <10 tonnes

636.70

Thereafter for additional six tonnes or part thereof -

$4.49 per week extra

(d)  Washer and Greaser

619.00

 

Additional Payments

 

In addition to the rates prescribed above, the following additional payments shall apply to:

 

 

Amount

 

$

(a)  an employee driving a vehicle (not being a tractor) and

2.08

drawing a trainer - per day

 

(b)  an Aerodrome Attendant or Senior Aerodrome Attendant who

3.15

works in the vicinity of porters loading and/or unloading cargo

 

into, or out of, the lockers of Boeing 727 100 and or 200 series

 

aircraft - per shift

 

(c)  an employee driving a vehicle carrying hot liquid bitumen or

6.82

hot tar - per week

 

(d)  an employee required to operate alone a delivery vehicle fitted

1.96

with a reel and hose for the purpose of discharging Hot Oil

 

through such hose into customers tanks - for each day on which

 

he is principally engaged on such work per day

 

This amount shall not be payable on any day which the employee

 

concerned delivers exclusively to service stations.

 

(e)  an employee driving a vehicle carrying bulk liquid

7.96

petroleum gas- per week

 

(f)  an employee driving a bituminous products spraying vehicle

7.96

and directing the work of a bituminous products spray man per

 

week

 

(g)  an employee carting sludge or garbage per week

7.96

(h)  an employee picking up used oil - for any day on which he is

1.96

so employed per day

 

(i)  a driver of a yard truck, tractor or fork lift, who is instructed by

3.04

a superior officer to supervise the work of two employees, whether

 

or not they are engaged under this award.  The amount shall be

 

payable for all purposes of this award per day

 

 

(j)  an Aerodrome Attendant who, on any day or shift, is required

 

to, and acts as, an Electronic Pipeline Control Board Attendant

 

shall be paid in accordance with the provisions of clause 26 -

 

Mixed Functions, of this award

 

(k)  a Leading Hand, i.e., an employee who is in charge of:

 

(i)  3 to 10 employees - per week

26.00

(ii)  11 to 20 employees - per week

39.80

(iii)  more than 20 employees - per week

49.88

 

 

 

J. P. MURPHY, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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