Crown
Employees (Trades Assistants) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1687 of 2007)
Before Commissioner
Ritchie
|
18 December 2007
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Hours -
Day Workers
2. Wages
3. Mixed
Functions
4. Special
Rates
5. Overtime
6. Shiftwork
7. Holidays
and Sunday Work
8. Payment
of Wages
9. Contract
of Employment
10. Distant
Work
11. Special
Conditions
12. Hygiene
and Safety First-Aid Outfit
13. Conveniences
14. Damage to
Clothing or Tools
15. Special
Clothing
16. Excess
Fares and Travelling Time
17. Expense
Related Allowances
18. Exhibition
of Award
19. Dispute
Resolution Procedures
20. Family and
Community Service/Personal Carer’s Leave
21. Parental
Leave
22. Anti-Discrimination
23. Picnic Day
24. General
Leave Conditions and Accident Pay
25. Union
Delegate
26. Deduction
of Union Membership Fees
27. Secure
Employment
28. Area, Incidence
and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates
and Allowances
PART A
1. Hours - Day
Workers
1.1 Except as
provided elsewhere in this Award the ordinary working hours shall be
thirty-eight per week and shall be worked in accordance with the following
provisions for a four-week work cycle.
1.2 The ordinary
working hours shall be worked as a twenty-day four-week cycle Monday to Friday
inclusive with nineteen working days of eight hours each between the hours of
6.00 a.m. and 6.00 p.m. Employees shall be credited with 0.4 of one hour on
each day worked. This time will accrue as an entitlement to take the fourth
Monday in each cycle as a day off with pay.
1.3 By agreement
in writing between the employer and the employee(s) an alternate day may be
substituted for the fourth Monday. All
provisions of the relevant award will apply to the alternate day off.
1.4 In the case of
Tool Storepersons who are directly associated with class work in the various
Technical and Further Education (TAFE) Institutes, the rostered day off shall
accumulate and be taken concurrently with recreation leave at a time mutually
convenient to the Institute and employee concerned.
1.5 Where the
fourth Monday or agreed rostered day off falls on a public holiday, the next
working day shall be taken in lieu of the rostered day off unless an
alternative day in that four-week cycle (or the next four-week cycle) is agreed
in writing between the employer and the employee.
1.6 Each day of
paid, sick or recreation leave taken and any public holidays occurring during
any cycle of four weeks shall be regarded as a day worked for accrual purposes.
1.7 Where an
employee has not worked a complete 4 week cycle, they shall be entitled to
pro-rata accrued entitlements towards a rostered day off for each day (or
fraction thereof) worked or regarded as worked in the cycle. This provision will also apply to their
entitlements on termination of employment.
1.8 In addition to
their accrued entitlements, employees shall be paid at the rates for Saturday
work as provided in Clause 5, Overtime, if required by the employer to work on
an accrued rostered day off. The requirement to work shall apply in
circumstances where it is necessary to enable other workers to be employed
productively, or to carry out maintenance outside ordinary working hours, or
for any other reasons arising from unforeseen delays and/or emergency
circumstances on a project.
1.9 Where an
employee works on their rostered day off in accordance with subclause 1.8, the
employee may elect, where practicable, to have another day off in substitution
before the end of the succeeding work cycle. In such a case the accrued
entitlements are transferred to the substituted day off.
1.10 A paid rest
period of ten minutes shall be provided between 9 a.m. and 11 a.m. or at such
earlier time as may be mutually agreed upon. Employees will be allowed a tea
break during the afternoon period at a time to be arranged by the employer. The
taking of the tea break shall not involve a complete stoppage of work. Where
the majority of employees on a particular site are covered by awards other than
this award, the conditions for the taking of morning and afternoon rest breaks
that apply to the majority shall be observed by mutual agreement.
2. Wages
The ordinary rates of pay for employees under this award
shall be as set out in Table 1 of Part B of this award. These rates will be
adjusted in accordance with variations of the Crown Employees (Public Sector –
Salaries 2007) Award or any replacement award.
3. Mixed Functions
Where an employee is engaged for more than two hours daily
or per shift on higher duties, they shall be entitled to a higher duties
allowance or rate allowance for the whole of such day or shift. If the higher
duties are undertaken for two hours or less during one day, payment at the
higher rate shall apply only to hours worked.
4. Special Rates
In addition to the wages prescribed in clause 2 Wages, the
following special rates and allowances shall be paid to employees, and will be
adjusted in accordance with variations of the Crown Employees (Public Sector –
Salaries 2007) Award or any replacement award:
4.1 Cold Places -
Employees working in places where the temperature is reduced by artificial
means to less than 0 degrees Celsius shall be paid the allowance rate specified
in Item 1 of Part B, Table 2. Where such work continues for more than two
hours, employees shall be entitled to twenty minutes rest after every two hours
work without loss of pay.
4.2 Confined
Spaces - Employees required to work in a confined space shall be paid the
allowance rate specified in Item 2 of Part B, Table 2. Confined space means a place the dimensions
or nature of which necessitate working in a cramped position or without sufficient
ventilation.
4.3 Dirty Work -
Work which is considered by both a supervisor and worker to be of a dirty or
offensive nature by comparison with the work normally encountered in the trade
concerned, and for which no other special rates are prescribed, shall be paid
for by the allowance rate specified in Item 3 of Part B, Table 2.
In the case of disagreement between the supervisor and
worker the latter shall be entitled within twelve hours to ask for a decision
on their claim by the employer, industrial officer, manager, superintendent or
engineer. A decision shall be given on
the worker's claim within twenty-four hours of its being asked for (unless the
time expires on a non-working day, in which case it shall be given on the next
working day) or else the said rate shall be paid. In any case where the union
is dissatisfied with the decision of the employer, industrial officer, manager,
superintendent or engineer, it shall have the right to bring such case before
the Industrial Relations Commission of New South Wales.
4.4 Height Money -
Employees working at a height of 7.5 metres from the ground, deck, floor or
water shall be paid the allowance rates specified in Item 4 of Part B, Table
2. Height shall be calculated from
where it is necessary for the employee to place their hands or tools in order
to carry out the work to such ground, deck, floor or water. For the purpose of
this subclause, deck or floor means a substantial structure that, even though
temporary, is sufficient to protect an employee from falling any further
distance. Water level means in tidal
waters mean water level. This subclause
shall not apply to employees working on a suitable scaffold erected in accordance
with Division 6. Working at Heights of the Occupational
Health and Safety Regulation 2001.
4.5 Hot Places -
Employees working in the shade in places where the temperature is raised by
artificial means to between 46 degrees and 54 degrees Celsius shall be paid the
allowance rate specified in Item 5 of Part B, Table 2. In places where the
temperature exceeds 54 degrees Celsius, such employees shall be paid the
allowance rate specified in Item 5 of Part B, Table 2.
Where work continues for more than two hours in
temperatures exceeding 54 degrees Celsius, employees shall also be entitled to
twenty minutes' rest after every two hours' work, without deduction of
pay. The work supervisor will decide as
to the temperature level, after consultation with the employees who claim the
extra rate.
4.6 Insulation
Material - An employee working in any room or similar area or in any confined
(unventilated) space where pumice or other recognised insulating material of a
like nature is being used in insulating work, shall be paid the allowance rate
specified in Item 6 of Part B, Table 2. If the insulating material is silicate,
they shall be paid an extra hourly amount also set out in Item 6. This
additional allowance shall apply whether the employee is actually handling such
material or not, if the insulating material includes granulated cork. The allowance will not be paid for the
handling of corkboard or materials contained in unbroken packages.
4.7 Smoke-boxes,
etc - Employees working on repairs to smoke-boxes, furnace or flues of boilers
shall be paid an hourly allowance. An employee engaged on repairs to oil fired
boilers, including the casings, uptakes and funnels, or flues and smoke stacks,
shall, while also working inside such boiler, be entitled to a further
allowance. The rates for both allowances
are specified in Item 7 of Part B, Table 2.
4.8 Wet Places -
(i) An employee
working in any place where water is continually dripping on the employee, or
where there is water underfoot so that clothing and boots become wet, shall be
paid the allowance rate specified in Item 8 of Part B, Table 2. This extra rate is not payable where an
employee is provided with suitable and effective protective clothing and/or
footwear. An employee who becomes
entitled to this extra rate shall be paid at that rate for any part of the day
or shift that they are required to work in wet clothing or wet boots.
(ii) An employee
who is called upon to work on a raft or open boat, or on a punt or pontoon
having a freeboard of 305 mm or less shall be entitled to the allowance rate
specified in Item 9 of Part B, Table 2.
(iii) An employee
called upon to work knee-deep in mud or water, shall be paid at the rate of the
allowance rate specified in Item 10 of Part B, Table 2. This subclause shall not apply to an
employee who is provided with suitable protective clothing and/or footwear.
4.9 Acid Furnaces,
Stills, etc - A bricklayer required to work on the construction or repairs to
acid furnaces, acid stills, acid towers and all other acid resisting brickwork,
shall be paid the allowance rate specified in Item 11 of Part B, Table 2.
4.10 Towers
Allowance - An employee working on a chimney stack, spire, tower, radio or
television mast or tower, air shaft (other than above ground in a multi-storey
building), cooling tower, water tower or silo over fifteen metres in height shall
be paid the allowance rate specified in Item 12 of Part B, Table 2, for all
work above fifteen metres.
4.11 Depth Money -
An employee working in tunnels, cylinders, caissons, coffer dams and sewer
work, and in underground shafts exceeding 3 metres in depth shall be paid the
allowance rate specified in Item 13 of Part B, Table 2.
4.12 Swing Scaffolds
- The allowance rate specified in Item 14 of Part B, Table 2, for the first
four hours or any portion thereof, and for each hour thereafter on any day shall
be made to any persons employed:
(i) on any type
of swing scaffold or any scaffold suspended by rope or cable, bosun's chair,
etc.
(ii) on a
suspended scaffold requiring the use of steel or iron hooks or angle irons at a
height of 6 metres or more above the nearest horizontal plane.
Solid plasterers when
working off a swing scaffold shall receive an additional hourly payment as set
out in Item 14 of Part B, Table 2.
An employee shall not be
required to raise or lower a swing scaffold by themselves.
4.13 Septic Tanks -
If an employee is required to work in a septic tank in operation he/she shall
be paid an additional amount set out in Item 15 of Part B, Table 2 per day or
part of a day.
4.14 Extra Rate Not
Cumulative - When more than one of the above rates provide payment for
disabilities of substantially the same nature, then only the highest of such
rates shall be payable.
4.15 Rates Not
Subject To Penalty Provisions - The special rates herein prescribed shall be
paid irrespective of the times at which the work is performed, and shall not be
subject to any premium or penalty conditions.
4.16 Explosive
Powered Tools -Employees required to use explosive powered tools shall be paid
the allowance rate specified in Item 16 of Part B, Table 2.
4.17 Distant Places
-
(i) All employees working in districts west and north of and
excluding:
(a) State Highway
No. 17 from Tocumwal to Gilgandra;
(b) State Highway
No. 11 from Gilgandra to Tamworth;
(c) Trunk Road No.
63 to Yetman and State Highway No. 16 to Boggabilla up to the Western Division
boundary and excluding the municipalities through which the road passes.
shall be paid the allowance rate specified in Item 17
of Part B, Table 2.
(ii) All employees
working the in Western Division of the State shall be paid the allowance rate
specified in Item 17 of Part B, Table 2.
(iii) All employees
working within the area bounded by and inclusive of:
(a) Snowy River
from the New South Wales border to Dalgety, then by road directly from Dalgety
to Berridale;
(b) on the Snowy
Mountain Highway at Adaminaby to Blowering;
(c) from Blowering
southwest to Welaregang and on the Murray River;
(d) in a
south-easterly direction along the New South Wales border to the point of
commencement.
shall be paid the allowance rate specified in Item 17
of Part B, Table 2 extra per day or part thereof.
4.18 Applying
Obnoxious Substances -
(i) An employee
engaged in either the preparation and/or the application of epoxy based
materials or materials of a like nature shall be paid the allowance rate
specified in Item 18 of Part B, Table 2.
(ii) In addition,
employees applying such material in buildings, which are normally
air-conditioned, shall be paid the allowance rate specified in Item 18 of Part
B, Table 2.
(iii) Where there
is an absence of adequate natural ventilation, the employer shall provide
ventilation by artificial means and/or supply an approved type of respirator.
In addition, protective clothing shall be supplied where recommended by the NSW
Department of Health.
(iv) Employees
working in close proximity to employees so engaged shall be paid the allowance
rate specified in Item 18 of Part B, Table 2.
(v) For the
purpose of this clause, all materials which include or require the addition of
a catalyst hardener and reactive additives or two pack catalyst system shall be
deemed to be materials of a like nature.
4.19 Foundry
Allowance - Employees, whilst employed in a foundry, shall be paid an allowance
as set in item 19 of Part B, Table 2 for each hour worked to compensate for all
disagreeable features associated with foundry work. This includes heat, fumes,
atmospheric conditions, sparks, dampness, confined spaces and noise. The
allowance herein prescribed shall be in lieu of any payment otherwise due under
this clause.
4.20 Asbestos
Eradication -
This subclause shall apply to employees engaged in the
process of asbestos eradication on the performance of work within the scope of
this award.
Asbestos eradication is defined as work on or about
building, involving the removal or any other method of neutralisation of any
materials that consist of, or contain asbestos.
All aspects of asbestos eradication work shall be
conducted in accordance with the Occupational Health and Safety Regulation
2001.
In addition to the rates prescribed in this Award an
employee engaged in asbestos eradication (as defined) shall receive the
allowance rate specified in Item 20 of Part B, Table 2. This is in lieu of
special rates as prescribed in Clause 4 Special Rates, with the exception of
subclauses 4.1 cold places; 4.5 hot places; 4.12 swinging scaffolds.
Other Conditions - The conditions of employment rates
and allowances, except so far as they are otherwise specified in this subclause
shall be the conditions of employment, rates and allowances of the award as
varied from time to time.
5. Overtime
5.1 Overtime shall
be payable for all time worked outside the ordinary hours prescribed in Clause
1, Hours - Day Workers, for any one day, including accrued time. The rates of
pay shall be time and a half for the first two hours and double time
thereafter, such double time to continue until the completion of the overtime
work.
Except as provided in this subclause or subclause 5.2
of this clause, in computing overtime each day's work shall stand alone.
5.2 Rest Period
after Overtime: Following completion of
overtime, an employee shall either:
(i) Be released
from resuming ordinary duty for a period of 10 consecutive hours. This number of hours does not include time
spent travelling; or,
(ii) If required
to resume or continue working without having had a break of 10 consecutive
hours, excluding travel, shall be paid at the rate of double time until such a
break is given. This break shall be granted without loss of pay for ordinary
working time occurring during such absence.
(iii) In the case
of shift workers, the provisions of this subclause shall apply as if eight
hours were substituted for ten hours when overtime is worked:
(a) for the
purpose of changing shift rosters; or
(b) where a shift
worker does not report for duty and a day worker or a shift worker is required
to replace such shift worker; or
(c) where a shift
is worked by arrangement between the employees themselves.
5.3. Call Back -
(i) 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 four hours' work at the appropriate rate for each time
recalled. In the case of unforeseen
circumstances arising, the employee shall not be required to work the full four
hours if the job he/she was recalled to perform is completed within a shorter
period. This subclause does not apply:
(a) in cases where
it is customary for an employee to return to the employer's premises to perform
a specific job outside their ordinary working hours; or
(b) where the
overtime is continuous (subject to a reasonable meal break) with the completion
or commencement of ordinary working time.
(ii) Overtime
worked in the circumstances specified in this subclause shall not be regarded
as overtime for the purposes of subclause 5.2 of this clause, where the actual
time worked is less than three hours on such recall or on each of such recalls.
(iii) If an
employee is required to work in excess of four hours, he/she shall be paid a
meal allowance specified in Item 21 of Part B, Table 2 and allowed a crib time
of 20 minutes without deduction of pay at the end of each four hours' work,
provided work is to continue after the said period of four hours.
5.4 Saturday Work
- Five Day Week -
A day worker on a five-day week who is required to work
on a Saturday shall be paid for not less than four hours' work, except where
such overtime is continuous with overtime commenced the previous day. All work
performed in the afternoon shall be paid for at double time rates. Tea Breaks
shall be allowed in accordance with subclause 1.10 of Clause 1, Hours - Day
Workers.
5.5 Standing By -
An employee required to hold themself in readiness to
work after ordinary hours shall, until released, be paid standing-by time at
ordinary rates from the time they are advised of the requirement to stand by.
This is subject to any custom now prevailing under which an employee is
required regularly to hold himself in readiness for a call back.
5.6 Meal Hours -
General -
Except as provided in subclause 5.7, Meal Hours -
Maintenance Employees, Concrete Pours etc., double time rates shall be paid for
work done during meal hours and thereafter until a meal break is allowed. An
employee shall not be compelled to work for more than six hours without a break
for a meal.
5.7 Meal Hours -
Maintenance Employees, Concrete Pours, etc -
(i) Where
breakdowns of plant occur or routine maintenance of plant can only be done
while such plant is idle, an employee employed as a regular maintenance person
shall, whenever instructed to do so, work during meal breaks at the ordinary
rates prescribed herein. This shall be subject to the provisions of subclause
5.6.
(ii) Where, for
special reasons, it is necessary to alter the time of the recognised meal hours
for the purpose of finishing the pouring of concrete, hot mix, etc. or where
work is affected by tides, the employer may alter the lunch break either
forward or backward by one hour.
5.8. Tea Money -
Tea Money - An employee required to work overtime shall
be paid the amount set out in item 21 of Part B, Table 2 for Meal Allowance
after one and a half hours overtime. A
further payment as set out in item 21 of Part B, Table 2 for Meal Allowance
Each Subsequent Meal shall be made after a further two and a half hours
overtime (i.e., after four hours in total) and then for each subsequent period
of four hours overtime. Such payment need not be made to employees living in
the same locality as their place of work who can reasonably return home for
meals.
5.9. Transport of
Employees -
An employer shall provide transport for an employee
where he/she finishes overtime work or a shift not part of their regular roster
at a time when reasonable means of transport are not available. If transport is not provided the employee
shall be paid at their current rate for the time reasonably occupied in
reaching their home. This subclause shall
not apply to an employee who uses their own vehicle to travel to and from their
place of work.
5.10. Compulsory
Overtime -
(i) An employer
may direct any employee to work reasonable overtime at overtime rates provided
it is reasonable for the employee to be required to do so. An employee may refuse to work overtime in
circumstances where the working of such overtime would result in the employee
working unreasonable hours. In
determining what is unreasonable, the following factors shall be taken into
account:
(a) the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements,
(b) any risk to
employee’s health and safety,
(c) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(d) the notice (if
any) given by the employer regarding the working of the overtime, and by the
employee of their intention to refuse overtime, or
(e) any other
relevant matter.
5.11. Cribs -
(i) An employee
who is required to work overtime for two hours or more after the normal ceasing
time shall be allowed, at the expiration of the said two hours, 30 minutes for
a meal or crib and thereafter a similar time allowance after every four hours
of overtime worked. Time for meals or crib through overtime periods shall be
allowed without loss of pay, provided that overtime work continues after such
break. For the purposes of this
paragraph "normal ceasing time" is at the end of ordinary hours
inclusive of time worked for accrual purposes as prescribed in Clause 1, Hours,
Day Workers and Clause 6, Shiftwork.
(ii) Where
overtime is worked on a Saturday, if work continues after 12 noon, a break for
a meal of 30 minutes shall be allowed between 12 noon and 1 pm without loss of
pay.
5.12. Limitation of
Overtime -
No employee, including a night shift worker, shall work
for more than 16 hours overtime in any week excepting in the case of extreme
urgency such as urgent repairs or delay causing unemployment.
6. Shift Work
6.1 Definitions -
For the purpose of this clause:
"Afternoon Shift" means any shift finishing
after 6 pm and at or before midnight.
"Continuous Work" means work carried on with
consecutive shifts of employees throughout the twenty-four 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.
"Night Shift" means any shift finishing
subsequent to midnight and at or before 8 am.
"Rostered Shift", means a shift of which the
employee concerned has had at least forty-eight hours' notice.
6.2 Hours -
General -
(i) Employees on
shift work shall accrue 0.4 of an hour for each eight-hour shift worked to
allow one complete shift to be taken off as a paid shift for every 20-shift
cycle. This 20th shift shall be paid for at the appropriate shift rate as
prescribed by this clause.
(ii) Paid leave
taken during any cycle of four weeks and public holidays as prescribed by
Clause 7, Holidays and Sunday Work, shall be regarded as shifts worked for
accrual purposes.
(iii) Except as
provided above, employees not working a complete four week cycle shall be paid
accrued pro-rata accrued entitlements for each shift worked on the programmed
shift off, or in the case of termination of employment, on termination.
(iv) The employer
and employees shall agree in writing upon arrangements for rostered paid days
off during the 20 day cycle or for accumulation of accrued days to be taken at
or before the end of the particular contract. This accumulation shall be
limited to no more than 5 days before they are taken as paid days off. When
taken, the days shall be regarded as days worked for accrual purposes in the
particular 20-shift cycle.
(v) Where an employer,
for emergency reasons requires an employee to work on their rostered day off,
the terms and conditions prescribed in subclauses 1.8 and 1.9 of Clause 1 Hours
- Day Workers, shall apply.
6.3 Hours -
Continuous Work Shifts - This subclause shall apply to shift workers on
continuous work -
(i) The ordinary
hours of such shift workers shall not exceed -
(a) eight in any
one day; nor
(b) forty-eight in
any one week; nor
(c) eighty-eight
in fourteen consecutive days; nor
(d) one hundred and
fifty two in twenty-eight consecutive days.
(ii) Subject to
the following conditions such shift workers shall work at such times as the
employer may require:
(a) a shift shall
consist of not more than eight hours, inclusive of crib time;
(b) except at the
regular changeover of shifts an employee shall not be required to work more
than one shift in each twenty-four hours;
(c) twenty minutes
shall be allowed to shift workers each shift for crib which shall be counted as
time worked.
6.4 Hours - Other
than Continuous Work - This subclause shall apply to shift workers not on
continuous work. The ordinary hours of such shift workers shall not exceed -
(i) forty in any
week to be worked in five shifts of eight hours Monday to Friday, inclusive; or
(ii) eighty in
fourteen consecutive days in which case an employee shall not, without payment
for overtime, be required to work more than eight consecutive hours on any
shift or more than six shifts in any week;
(iii) one hundred
and twenty-one consecutive days in which case an employee shall not, without
payment of overtime, be required to work more than eight consecutive hours on
any shift or more than six shifts in any week.
Such 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 six hours without a
break for a meal.
6.5 Rosters -
Shift rosters shall specify the commencing and finishing times of ordinary
working hours of the respective shifts.
6.6 The method of
working shifts may in any case be varied by agreement between the employer and
the accredited representative of the Union to suit the circumstances of the
establishment.
Determined commencing and finishing times of shifts may
be varied by agreement between the employer and the accredited representative
of the Union to suit the circumstances of the establishment. In the absence of
agreement, variation can occur by the employer giving seven days' notice of
alteration to the employee.
6.7 Afternoon or
Night Shift Allowances - Shift workers whilst on afternoon or night shifts
shall be paid 15 per cent more than the ordinary rate for such shifts.
Shift workers who work on any afternoon or night shift
which does not continue for at least five successive afternoons or nights shall
be paid at the rate of time and a half for the first three hours and double
time thereafter.
An employee who:
(i) during a
period of engagement on shifts, works night shift only; or
(ii) remains on
night shift for a longer period than four consecutive weeks; or
(iii) works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give the employee at least one-third of their working time off
night shift in each shift cycle;
shall during such engagement, period or cycle be paid
30 per cent more than their ordinary rate for all time worked as ordinary
working hours on such night shifts.
Notwithstanding anything elsewhere contained in this
subclause, employees of the Department of Education and Training who are
required to work on an afternoon shift, as defined, on an intermittent basis of
from one to five evenings in any week shall be paid 15 per cent more than the
ordinary rates for such shift when the shift ceases not later than 9 pm. Where the shift ceases after 9 pm, the
employee shall be paid 20 per cent more than the ordinary rates for such shift.
6.8 Saturdays -
The minimum rate to be paid to any shift worker for work performed between
midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for
and not cumulative upon the shift premiums prescribed in the first and second
paragraphs of subclause 6.7 of this clause.
6.9 Overtime - An
employer may require any employee to work reasonable overtime at overtime rates
and such employee shall work in accordance with such requirement.
6.10 Sundays and
Holidays -
(i) Shift workers
on continuous shifts for work on a rostered shift the major portion of which is
performed on a Sunday shall be paid at the rate of time and three-quarters.
Shift workers on continuous shifts for work on a rostered shift the major
portion of which is performed on a public holiday shall be paid at the rate of
double time and one-half.
(ii) Shift workers
on other than continuous work for all time worked on a Sunday or holiday shall
be paid at the rates prescribed by clause 7, Holidays and Sunday Work. Where
shifts commence between 11 pm and midnight on a Sunday or a holiday, the time
so worked before midnight shall not entitle the employee to the Sunday or
holiday rate. The time worked by an employee on a shift commencing before
midnight on a Saturday or preceding a holiday and extending into a Sunday or
holiday shall be regarded as time worked on such Sunday or holiday.
Where the major portion of a shift falls on a holiday,
that shift shall be regarded as the holiday shift.
7. Holidays and
Sunday Work
7.1 Employees
shall be entitled to the following public holidays without loss of pay: New Year's Day, Australia Day, Good Friday,
Easter Saturday, Easter Monday, Queen's Birthday, Labour Day, Anzac Day,
Christmas Day, Boxing Day, and all other gazetted holidays proclaimed to
operate throughout the State.
7.2 Except as
provided in subclause 6.10 Sundays and Holidays of Clause 6, Shift Work, of
this award, an employee not engaged on continuous work shall be paid at the
rate of double time for work done on Sundays, such double time to continue
until relieved from duty, and double time and one half for work done on public
holidays, such double time and one half to continue until relieved from duty.
7.3 An employee
not engaged on continuous work who works on a Sunday or a public holiday and
(except for meal breaks) immediately thereafter continues such work, shall on
being relieved from duty be entitled to be absent until they have had ten
consecutive hours off duty. The 10 hour break shall be without deduction of pay
for ordinary time of duty occurring during such absence.
7.4 An employee,
other than on shift, who attends for work as required on a Sunday or public
holiday shall be paid for not less than four hours' work.
7.5 Where an
employee is absent from his or her employment on the working day before or the
working day after a public holiday without reasonable excuse or without the
consent of the employer, the employee shall not be entitled to payment for such
holiday.
Where public holidays fall on successive days an
employee who works on either the day preceding or succeeding the holiday, but
not on both, shall be entitled to payment for the holiday closest to the said
day. No payment shall be made if the employee has ceased work without
permission on either of the said days.
7.6 Where an
employee, other than a shift worker, is required to work after 12 noon on a
Sunday or holiday, he/she shall be allowed a meal break of 30 minutes between
12 noon and 1 pm for a crib without loss of pay.
7.7 The provisions
of subclause 1.10 of clause 1, Hours - Day Workers, of this award, shall apply
to employees working on Sundays and Holidays.
8. Payment of Wages
8.1 Wages shall be
paid fortnightly. For the purpose of any increase to the wages, the wages shall
be made up on a weekly basis.
8.2 Wages shall be
paid into a bank or other account, except in isolated areas where payment will
be made by cheque.
8.3 The employer
shall not keep more than 3 days pay in hand.
8.4 Upon
termination of employment wages shall be paid according to the usual method no
later than the next working day. Where
an employee is summarily dismissed as provided for in Clause 9, Contract of
Employment, the employer shall provide all monetary entitlements within 48
hours according to the usual method of payment.
9. Contract of
Employment
9.1 Weekly
Employment - Except as otherwise provided, employment shall be by the week.
9.2 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 for malingering,
inefficiency, neglect of duty or misconduct. In such cases the wages shall be
paid up to the time of dismissal only.
Where an employee has given or been
given notice, employment is continued until the date of the expiration of such
notice, except by agreement between the parties.
An employee who has given or been given notice in line
with this subclause must provide a reasonable explanation for any absences
during the period of notice. Proof of
the reason for such absence must be provided by the employee. If no proof is provided, the employee shall
be deemed to have abandoned their employment, and shall not be entitled to
payment for work done within the period of notice.
9.3 Payment shall
be deducted for any day the employee cannot be usefully employed because of any
strike or through any breakdown in machinery or any stoppage of work that the
employer cannot reasonably be held responsible for. This is not including time lost for wet weather.
9.4 An employee (other
than an employee who has given or received notice in accordance with subclause
9.2) not attending for duty shall, except as provided by clause 7, Holidays and
Sunday Work, receive no payment for the actual time of such non-attendance.
9.5 During the first
week of employment, an employee's services may be terminated by the giving of
one hour's notice on either side.
9.6 Late Comers:
Notwithstanding anything elsewhere contained in this award, employees who
report for duty after their appointed starting time or stop work before their
appointed finishing time may have their wages adjusted by a fraction or decimal
proportion of an hour (not exceeding a quarter of an hour). This subclause does
not apply where an employee has a legitimate reason for coming late or leaving
early and promptly advises the employer of such.
An employer who adopts a proportion for the aforesaid
purposes shall apply the same proportion for the calculation of overtime.
10. Distant Work
10.1 Distant work is
defined as work that requires employees to live away from their usual place of
residence. An applicant for a position
involving distant work shall provide the employer with a statement in writing
of their usual place of residence. If the employee, whilst employed on distant
work changes their usual place of residence one or more times, determination of
whether the work can still be defined as distant work is based on the location
of the new place of residence. The
employee must inform the employer in writing of any change to their usual place
of residence.
This clause will not apply to an employee who, after
four weeks employment is appointed to work as a regular employee at a permanent
workshop, while they are employed at such a workshop.
10.2 An employee who
is engaged on distant work shall be transported, with tools, to and from the
work location once per day at the employer’s expense. If the employee is called back to the work site after finishing
their daily duties, they again shall be transported to and fro at the employer’s
expense for each occurrence.
10.3 Return fares
and travelling time need not be paid to an employee who:
(i) leaves their
employment of their own free will; or
(ii) is discharged
for misconduct
before completion of three months employment or before
the job is completed, whichever occurs first; or is discharged for incompetence
within one week of engagement.
10.4 Time occupied
in travelling to and from distant work shall be paid for at ordinary
rates. No employee shall be paid more
than an ordinary day’s wages for any day spent in travelling unless they are on
the same day occupied in working for an employer. An allowance to cover any
expenses incurred in reaching home and for transporting tools is set out in
Item 22 of Part B, Table 2.
10.5 On distant work
reasonable board and lodging shall be provided by the employer or a weekly (7
day) allowance as set out in Item 23 of Part B, Table 2. This allowance shall
not be wages. In the case of broken
parts of the week occurring at the beginning or the end of a period of distant
work, the allowance shall be all living expenses actually and reasonably
incurred but not exceeding the amount as set out in Item 23 of Part B, Table 2.
10.6 Reasonable
board and lodging shall mean lodging in a well-kept establishment with adequate
furnishing, good bedding and floor coverings, good lighting and heating with
hot and cold running water, in either a single room or twin room if a single
room is not available.
10.7 Where an employee is required to camp
either by direction of the employer or because no reasonable transport
facilities are available for the employee to proceed to and from their home
each day, subclauses 10.5 and 10.6 of this clause shall not apply.
For such employees, the employer shall provide a camp with
accommodation in single cubicles, not less than 14 cubic metres in size. Each cubicle shall be fitted with a bed with
mattress. Each cubicle shall have a
timber floor covering, be fitted with a door and a moveable window of
reasonable size, with wire screen covering.
The cubicle shall be furnished with a table or suitable substitute, a
seat and a wardrobe. Each cubicle shall be ceiled and lined and artificial
lighting provided. If reasonably required, the employer shall provide a
suitable heating appliance for each cubicle.
Provision shall be made in the camp for suitable
washing facilities; including hot and cold showers, provided that an adequate
water supply is available. Employees
shall also be provided with sufficient facilities to wash their clothes.
Sanitary conveniences shall be adequate, sewered where reasonably practicable
and situated within reasonable distance from the living quarters. The
conveniences shall have adequate access by properly lighted paths. Effluent from kitchen, laundry and showers
should be dispersed in such a way as to avoid any health risk. A veranda shall
be constructed in front of each room, except where corridor-type barracks are
provided.
The employer shall provide an enclosed galley
conforming to the requirements of the General Construction and Maintenance,
Civil and Mechanical Engineering, &c. (State) Award, as varied from time to
time, or by any award replacing the said award.
Where the circumstances so require, the employer may,
as an alternative, provide caravans for employees. The caravans should contain
as far as practicable, amenities at least equal to those specified above.
An employee who is required to camp has an entitlement
to a daily allowance as specified in Item 24 of Part B, Table 2 for each day they
remain in camp. The allowance is not paid for any working day the employee is
absent from duty, except in such cases of sickness or for any reason beyond the
employee’s control.
Leave is reserved to the employers to apply in respect
of the standards of accommodation under this subclause.
10.8 Employees who
wish to return home for the weekends will be paid an allowance at the rate
shown in Item 25 of Part B, Table 2 on each occasion they return home -
provided they:
(i) work as
required during the ordinary working hours, and
(ii) work on the
working day both before and after a weekend, and
(iii) notify the
employer no later than the Tuesday of each week, and
(iv) return home
for the weekend.
Employees in receipt of this allowance will not be
entitled to payment of the camping allowance prescribed in subclause 10.7, for
the day or days on which they are absent.
10.9 This subclause
shall not apply to an employee who is receiving the allowance rate specified in
Item 23 of Part B, Table 2 in lieu of board and lodging being provided by the
employer.
10.10 An employee
shall be deemed to have returned home at the weekend only if this involves
him/her in being absent from their accommodation for not less than half the
hours between ceasing work in the one week and commencing work in the next
week.
10.11 The provisions
of this clause shall apply wherever the employee is engaged.
10.12 An employee on
distant work may return home at a weekend after three months' continuous
service and thereafter at three monthly intervals. The employee shall be paid any fares reasonably incurred in so
travelling to their home and to the place of work. If the work upon which the employee is engaged will be completed
within twenty-eight days after the expiration of any such period of three
months, then the provisions of this subclause shall not apply.
10.13 The employer
shall obtain and the applicant shall provide the employer with a statement in
writing of their usual place of residence.
10.14 The employee
shall inform the employer in writing, of any subsequent change in their usual
place of residence.
11. Special
Conditions
11.1 Employees
engaged installing brine or ammonia pipes or repairs to same who have their
clothing or boots destroyed or damaged shall be reimbursed the amount of damage
sustained.
11.2 All rope and
gear shall be of sound material, used or stored in such a way that it does not
come in contact with sharp edges, acids or acid fumes. At all times the Occupational Health and
Safety Regulation 2001, shall be complied with.
11.3 Employees
working in battery room or like places where acids or caustic soda are stored
or used shall be provided with gloves, overalls and rubber boots. These are to
be periodically disinfected in accordance with the requirements of the
Department of Health for disinfecting clothing, while in use and before being
issued to another person.
11.4 The employer
shall provide a suitable gas mask at the place of work when the employee is
required to work on a live gas service.
11.5 X-ray - an
employee working in an infectious area of a hospital or home shall be X-rayed
at the employer's expense and in the employer's time after each six months or
at the termination of their employment in such hospital or home, whichever is
the sooner.
12. Hygiene and
Safety First-Aid Outfit
12.1 The employer
shall provide and maintain at the place of work an efficient first-aid kit and
appliances in line with the provisions of the Occupational Health and Safety
Act 2000 and Occupational
Health and Safety Regulation 2001.
12.2 In the event of
any accident happening to any employee whilst at work or going to or from work
where the employee is so seriously injured that they cannot travel by their own
means, the employer shall provide transport facilities free of charge to the
nearest hospital or doctor.
12.3 At a place of
work where fifty or more persons are employed, the employer shall provide a
stretcher and, where practicable, include amongst the employees a qualified
first-aid person. Where an employee is
a qualified first-aid person and is employed to carry out the duties of a
qualified first-aid person, he or she shall be paid an additional rate as set
in Item 26 of Table 2, Part B.
13. Conveniences
13.1 The employer
shall provide on each place of work sanitary conveniences in accordance with
the requirements of the local health authority providing that such conveniences
will at least measure up to the following minimum standard:
(i) they shall be at least 1.066 metres
wide and 1.371 metres long and 2.34 metres high internal measurement and shall
have a hinge door capable of being fastened both inside and on the outside.
(ii) the walls and roof and door shall be of
weatherproof material and shall be so constructed as to ensure privacy.
(iii) each convenience shall be provided with a suitable receptacle
for, and an adequate supply of, deodorising or fly-repellent material, blue oil
or kerosene or phenol. It shall also be provided with a means for disposing of
sanitary items.
(iv) a fly-proof cover and seat shall be
provided should sewerage not be accessible or connected to the toilet or
convenience.
The ratio of such accommodation shall be one
convenience to eight employees or part of eight employees.
13.2 The employer
shall provide at the place of work a suitable and secure weatherproof lock-up
solely for the purpose of storing employees' tools. Where tools are stolen because no lock-up has been provided, the
employee shall be compensated to the extent of their loss.
13.3 Where a total
of fifteen tradespeople are working on site, whether employed under this award
or otherwise, and the job has been or will be of two months' duration or
longer, the employer shall provide for employees at the work site weatherproof
accommodation for changing clothes.
This accommodation shall be not less than .84 square metres to each
employee.
13.4 At permanent
places of work, the employer shall provide weather and dust proof accommodation
for dressing, and lockers securely fixed with suitable locks, solely for the
use of their employees.
13.5 At meal times
and rest periods, boiling water shall be provided by the employer at a location
that is reasonably accessible for employees.
13.6 The employer
shall provide for employees an adequate supply of cool, clean drinking water.
14. Damage to
Clothing or Tools
An employee whose clothing is spoiled by acids or sulphur or
other deleterious substance, due to the circumstances of their employment shall
be recompensed by the employer to the extent of their loss.
15. Special Clothing
15.1 Where
necessary, the employer shall provide overalls, boots, goggles, gloves and
masks for the use of employees engaged on the classes of work covered by
subclause 4.7 Smoke-boxes, etc., of clause 4 Special Rates.
15.2 If, in the course
of employment, an employee is required to use muriatic acid they shall be
provided with protective clothing.
15.3 The employer
shall supply to employees rubber gloves when working on any sewerage or
drainage work and protective clothing and goggles when engaged on welding work.
15.4 When working in
cooling or freezing chambers where the temperature is below 4 degrees Celsius,
painters shall be supplied with suitable boots and a clean blanket suit
properly disinfected in accordance with the requirements of the New South Wales
Department of Health.
16. Excess Fares and
Travelling Time
16.1 An employee who
is required by their employer to work at a job away from their accustomed
workshop or depot shall report for work at that job at their usual starting
time. For each day spent on such work,
employees will be entitled to be paid travelling time where the travel time and
fares are in excess of those normally incurred in travelling to their customary
workshop or depot.
16.2 The rate of pay
for travelling time shall be ordinary rates, except on Sundays and holidays
when it shall be time and one-half. The maximum travelling time to be paid for
shall be twelve hours out of every twenty-four.
17. Expense Related
Allowances
The Expense Related Allowances set out in Table 2, of Part B
of this Award (i.e. Meal allowance, Distant work allowances, Camping allowance
and Return home at weekend allowance) shall be adjusted in accordance with
variations to the Crown Employees (Skilled Trades) Award or any replacement
award.
18. Exhibition of
Award
An up to date copy of this award shall be posted and kept
posted by the employer in a prominent place on the employer’s premises that is
accessible to all employees.
19. Dispute
Resolution Procedures
The procedure for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following:
19.1 Procedure
relating to a grievance of an individual employee:
(i) The employee
shall notify (in writing or otherwise) the employer as to the substance of the
grievance, request a meeting with the employer to discuss the grievance and
state the remedy sought.
(ii) The 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.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) 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.
(v) While a
procedure is being followed, normal work must continue. No party shall be
prejudiced as to the final settlement by the continuation of work in accordance
with this subclause.
(vi) The employer
may be represented by an industrial organisation of employers and the employee
may be represented by an industrial organisation of employees for the purpose
of each procedure.
19.2 Procedure for a
dispute between an employer and the employees:
(i) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(ii) Reasonable
time limits must be allowed for discussion at each level of authority.
19.3 While a
procedure is being followed, normal work must continue. No party shall be prejudiced as to the final
settlement by continuation of work in accordance with this subclause.
19.4 The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
19.5 Should the
matter still not be resolved within a reasonable time period, it may be
referred to the Industrial Relations Commission of New South Wales by any of
the parties.
20. Family and
Community Service/Personal Carer’s Leave
20.1 The definition
of "family" and "relative" for the purpose of this clause
is the person who needs the employee’s care and support and is referred to as
the "person concerned" and is:
(i) a spouse of
the employee; or
(ii) a de facto
spouse, who in relation to a person, is a person of the opposite sex to 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
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial) parent (including a foster parent or legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(a) "relative"'
means a person related by blood, marriage or affinity;
(b) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(c) "household"
means a family group living in the same domestic dwelling.
20.2 Family and
Community Service Leave
(i) The employer
may grant family and community service leave to an employee:
(a) for reasons
related to the family responsibilities of the employee, or
(b) for reasons
related to the performance of community service by the employee, or
(c) in a case of
pressing necessity
Family and Community Service Leave replaces Short
leave.
(ii) The maximum
amount of family and community service leave on full pay that may be granted to
an employee is:
(a) 2.5 working
days during the first year of service and 5 working days in any period of 2
years after the first year of service, or
(b) 1 working day
for each year of service after 2 years continuous service, minus any period of
family and community service leave already taken by the employee, whichever is
the greater period.
(iii) Family and
community service leave is available to part-time employees on a pro rata
basis, based on the number of hours worked.
(iv) Where family
and community service leave has been exhausted, additional paid family and
community service leave of up to 2 days may be granted on a discrete "per
occasion" basis on the death of a person defined in subclause 20.1.
20.3 Use of sick
leave to care for a sick dependant - general -
When family and community service leave, as outlined in
subclause 20.2 is exhausted, the sick leave provisions under subclause 20.4 may
be used by an employee to care for a sick dependant.
20.4 Use of sick
leave to care for a sick dependant - entitlement -
(i) The
entitlement to use sick leave in accordance with this clause is subject to:
(a) the employee
being responsible for the care and support of the person concerned, and
(b) the person
concerned being as defined in subclause 20.1.
(ii) An employee
with responsibilities in relation to a person who needs their care and support
shall be entitled to use sick leave available from that year’s annual sick
leave entitlement minus any sick leave taken from that year’s entitlement to
provide care and support for such persons when they are ill.
(iii) Sick leave
accumulates from year to year. In addition to the current year’s grant of sick
leave, sick leave accrued from the previous 3 years may also be accessed by an
employee with responsibilities in relation to a person who needs their care and
support.
(iv) In special
circumstances, the employer may make a grant of additional sick leave. This
grant can only be taken from sick leave accrued prior to the period referred to
in subclause 20.4(iii).
(v) If required, a
medical certificate or statutory declaration must be made by the employee to
establish the illness of the person concerned and that the illness is such to
require care by another person.
(vi) The employee
is not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration and has the right to choose which
of the two methods to use in the establishment of grounds for leave.
(vii) Wherever
practicable, the employee shall give the employer prior notice of the intention
to take leave, the name of the person requiring care and that person’s
relationship to the employee. They must also give reasons for taking such leave
and the estimated length of absence. If
the employee is unable to notify the employer beforehand, notification should
be given by telephone at the first opportunity on the day of absence.
(viii) In normal
circumstances, the employee must not take leave under this subclause where
another person has taken leave to care for the same person.
20.5 For Department
of Education and Training employees assigned to work at TAFE premises, the
provisions of TAFE Determination No. 1 of 1997 - Family and Community Service
Leave, Personal/Carer’s Leave and Flexible Use of Other Service Entitlements -
Non-Teaching/Educational Staff shall apply.
21. Parental Leave
For employees covered by this award, the following
provisions in respect of parental leave shall apply:
21.1 Employees
engaged pursuant to the Public Sector Employment and Management Act 2002,
the Public Sector Employment and
Management (General) Regulation 1996 and the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2006, or any replacement
award.
21.2 Employees
engaged under Ministerial authority in Government and quasi-Government bodies
shall be regulated by the Uniform Leave Conditions.
21.3 Employees of
the Department of Education and Training assigned to work at TAFE premises, the
Department of Education and Training/TAFE policies in regard to parental leave.
22.
Anti-Discrimination
22.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
22.2 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.
22.3 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.
22.4 Nothing in this
clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
22.5 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.
22.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
23. Picnic Day
23.1 The first
Monday in December of each year shall be the Union Picnic Day.
23.2 All employees
shall, as far as practicable, be given and shall take this day as a picnic day
at their ordinary rate of pay including accrual for a rostered day off. Any employee required to work on such day
shall be paid at the rate of double time and one-half, for all time worked on
such day, with a minimum payment for four hours work. An employee who is
required to work on a picnic day and who fails to comply with such requirement
shall not be entitled to payment for the day.
23.3 An employer may
require from an employee evidence of attendance at the picnic. The production of the butt of a picnic
ticket issued for the picnic shall be sufficient evidence of such attendance.
Where the employer requests production of the ticket butt, payment need not be
made unless the evidence is produced.
23.4 Where an
employer holds a regular picnic for employees on some other working day during
the year, then such day may be given and may be taken as a picnic day in lieu
of the picnic day here fixed.
23.5 This clause
shall apply to employees working within the Counties of Cumberland,
Northumberland and Camden and in such other areas where a picnic is actually
held and in respect of which one month's notice is given in writing by the
Union to the employer.
23.6 In Departments
to which the Public Sector Employment and Management Act 2002 applies, employees may take a
day designated by their Department Head as a public service holiday during the
period between Boxing Day and New Year’s Day in lieu of the Picnic Day
prescribed in this clause.
24. General Leave
Conditions and Accident Pay
24.1 General leave
conditions and accident pay of employees engaged by Government departments
under the provisions of the Public Sector Employment and Management Act 2002 shall be bound by the Public Sector Employment and Management
(General) Regulation 1996. For Department of Education and Training
employees assigned to work at TAFE premises, general leave conditions and
accident pay will be regulated by Department of Education and Training/TAFE
policies on these issues.
24.2 General leave
conditions and accident pay of employees engaged under Ministerial authority in
Government and quasi-government bodies shall be regulated by the Uniform Leave
Conditions.
25. Union Delegate
An employee appointed union delegate in the shop or
department in which he/she is employed shall, upon notification, be recognised
by the employer as an accredited representative of the Union. The union
delegate shall be allowed the necessary time during working hours to interview
the employer or their representative on matters affecting the employees who are
represented by the delegate.
26. Deduction of
Union Membership Fees
26.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union’s rules.
26.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
26.3 Subject to 26.1
and 26.2 above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union’s rules, provided that the employee has authorised the employer to
make such deductions.
26.4 Monies so
deducted from employee’s pay shall be forwarded regularly to the union together
with the necessary information to enable the union to reconcile and credit
subscriptions to employees’ union membership accounts.
26.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
26.6 Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
27. Secure Employment
27.1 Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
27.2 Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having
attained such period of six months. However, the employee retains his or her
right of election under this subclause if the employer fails to comply with
this notice requirement.
(iii) Any casual
employee who has a right to elect under paragraph 27.2(i), upon receiving
notice under paragraph 27.2(ii) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph 27.2(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph 27.2(iii), discuss and agree upon:
(a) whether the
employee will convert to full-time or part-time employment; and
(b) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(ix) Exemption
The abovementioned casual conversion clause will not
apply to persons who:
(a) perform work
for the Public Service Departments as enumerated in Schedule 1, Part 1 of the Public
Sector Employment and Management Act
2002; or
(b) have their
conditions of employment regulated by the:
i. Police
Act 1990;
ii. Technical
and Further Education Commission Act 1990;
iii. Casino
Control Act 1992;
iv. Independent
Commission Against Corruption Act 1988.
27.3 Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which has as its business function, or one of its
business functions, to supply staff employed or engaged by it to another
employer for the purpose of such staff performing work or services for that
other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause 27.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000
or the Workplace Injury Management and Workers Compensation Act 1998.
27.4 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
27.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate
legislation) and are deemed by the relevant State Training Authority to comply
with the national standards for Group Training Organisations established by the
ANTA Ministerial Council.
28. Area, Incidence
and Duration
28.1 This award
shall apply to all employees of the classes specified in clause 2, Wages, of
this award who are employed in Departments to which Schedule 1 of the Public
Sector Employment and Management Act 2002
applies, including Department of Education and Training employees
assigned to work at TAFE premises; or engaged under Ministerial authority in
Government and quasi-government bodies. It shall not apply to those persons
employed under the above provisions that are employed in Broken Hill.
28.2 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the replaces the reviewed Crown Employees
(Trades Assistants) Award published 15 April 2005 (350 I.G. 13) and all
variations thereof.
28.4 The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for Review
of Awards made by the Industrial Relations Commission of New South Wales on 28
April 1999 (310 I.G. 359) take effect on and from 5 December 2007.
28.5 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 – Wages
Trades Assistants
Classification and Grades
|
1.7.07
|
|
Per week +4%
|
|
$
|
Classification -
|
|
Blacksmith's striker
|
688.70
|
Cold saw operator
|
694.20
|
Driller (stationary machines)
|
688.70
|
Dresser and grinder (portable
machines)
|
700.80
|
Dresser, shot blast or sand
blast -
|
|
(a) who operates from outside a properly enclosed cabin
|
694.20
|
(b) other
|
723.90
|
Dogman and/or crane chaser
|
700.80
|
Forger's assistant
|
688.70
|
Fork Lift Driver (TAFE)
|
742.40
|
Assistant Furnaceperson
|
694.20
|
General assistant assisting
tradespersons or employed in a metal and/or electrical
|
688.70
|
workshop (TAFE)
|
|
General assistant, other
(TAFE)
|
682.90
|
General assistant/tool
storeperson assisting tradespersons or employed in a metal
|
700.80
|
and/or electrical workshop
(less than 20 hpw toolstore duties) (TAFE)
|
|
General assistant/tool
storeperson, other (less than 20 hpw toolstore duties) (TAFE)
|
723.60
|
Hammer driver
|
694.20
|
Heat treater operative
|
700.80
|
Machinist second class (Metal
Trades)
|
731.00
|
Operator of straight line
oxy-acetylene Cutting machine
|
700.80
|
Pipe fitter
|
731.00
|
Rigger and/or splicer (other
than construction work)
|
754.90
|
Rigger and/or splicer (construction
work)
|
768.90
|
Spray painter (ironwork)
and/or brush hand
|
700.80
|
Tool and/or material storeman
|
723.90
|
Tool Storeperson (Classroom
only, TAFE)
|
731.00
|
Trades assistant (Metal
Trades)
|
688.70
|
Trades assistant (Electrical
Trades)
|
707.40
|
Trades assistant
|
694.20
|
Cupola furnaceperson
(foundries)
|
731.00
|
Table 2 - Other
Rates and Allowances
Item
|
Clause
|
Brief Description
|
1.7.07
|
No.
|
No.
|
|
Amount
|
|
|
|
$
|
1
|
4.1
|
Cold places allowances
|
0.59 per hour
|
2
|
4.2
|
Confined spaces allowance
|
0.76 per hour
|
3
|
4.3
|
Dirty work allowance
|
0.59 per hour
|
4
|
4.4
|
Height money:
|
|
|
|
at a height of 7.5 metres
|
0.59 per hour
|
|
|
for every additional 3 metres
|
0.17 per hour
|
5
|
4.5
|
Hot places allowance:
|
|
|
|
46 C - 54 C
|
0.59 per hour
|
|
|
Above 54 C
|
0.76 per hour
|
6
|
4.6
|
Insulation material allowance:
|
|
|
|
Pumice or other recognised insulator
|
0.59 per hour
|
|
|
Silicate
|
0.76 per hour
|
7
|
4.7
|
Smoke boxes, etc., allowance:
|
|
|
|
Working on repairs to smoke boxes, furnaces, etc.
|
0.38 per hour
|
|
|
Working on repairs inside oil-fired boilers
|
1.48 per hour
|
8
|
4.8 (i)
|
Wet places allowances
|
0.59 per hour
|
9
|
4.8 (ii)
|
Working on a boat or punt
|
2.31 per day
|
10
|
4.8 (iii)
|
Working knee deep in mud or water
|
4.70 per day
|
11
|
4.9
|
Acid, furnaces, stills, etc., allowance
|
3.04 per hour
|
12
|
4.10
|
Towers allowance
|
0.59 per hour
|
13
|
4.11
|
Depth money
|
0.59 per hour
|
14
|
4.12
|
Swing scaffolds allowance:
|
|
|
|
First four hours
|
4.39 fixed rate
|
|
|
Each hour thereafter
|
0.89 per hour
|
|
|
Solid plasterers
|
0.17 per hour
|
15
|
4.13
|
Septic tanks allowance
|
7.09 per day
|
16
|
4.16
|
Explosive powered tools allowance
|
1.44 per day
|
17
|
4.17
|
Distant places allowance:
|
|
|
|
Area described in paragraph 4.17.1
|
1.15 per day
|
|
|
Area described in paragraph 4.17.2
|
1.88 per day
|
|
|
Area described in paragraph 4.17.3
|
1.88 per day
|
18
|
4.18 (i)
|
Epoxy materials allowance:
|
0.76 per hour
|
|
4.18 (ii)
|
Applying to air-conditioned buildings
|
0.52 per hour
|
|
4.18 (iv)
|
Employees in close proximity
|
0.59 per hour
|
19
|
4.19
|
Foundry allowances
|
0.44 per hour
|
20
|
4.20
|
Asbestos eradication allowance
|
2.00 per hour
|
|
|
|
As at 11/9/07
|
21
|
5.3 / 5.8
|
Meal allowance
|
11.30
|
|
|
Meal allowance each subsequent meal
|
9.50
|
22
|
10.4
|
Distant work - Expenses of reaching home and of
|
18.70 per day
|
|
|
transporting tools from distant work
|
|
23
|
10.5
|
Distant work - Board and lodging allowance
|
390.20 per week
|
24
|
10.7
|
Camping allowance
|
22.40 per day
|
25
|
10.8
|
Return home at weekend allowance
|
31.80 per occasion
|
|
|
|
As at 1.7.07
|
26
|
12.3
|
First Aid Allowance
|
2.61 per day
|
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.