HARPER COLLINS PUBLISHERS DISTRIBUTION SERVICES AWARD 2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the Shop, Distributive
and Allied Employees' Association, New South Wales, industrial organisation of
employees.
(No. IRC 6224 of 2000)
|
Before the Honourable Justice Kavanagh
|
29 January 2001
|
AWARD
PART A
Arrangement
PART A
SECTION 1
1. Full-time
Employees
1.1 Hours
1.2 Multi-skill
Levels
1.3 Wages
1.4 Overtime
1.5 Allowances
1.6 Annual
Leave
1.7 Annual
Leave Loading
1.8 Long
Service Leave
1.9 Parental
Leave Provisions
1.10 Sick Leave
1.10.1 State
Personal/Carer’s Leave Case August 1996
1.11 Bereavement
Leave
1.12 Jury
Service
1.13 Rostered
Days Off
1.14 Protective
Clothing
1.15 Meal Times
1.16 Rest Pause
1.17 Holidays
and Sundays
1.18 Termination
of Employment
1.19 Redundancy
2. Part-time
Employees
2.1 Hours
2.2 Multi-skill
Levels
2.3 Wages
2.4 Overtime
2.5 Allowances
2.6 Annual
Leave
2.7 Annual
Leave Loading
2.8 Long
Service Leave
2.9 Parental
Leave Provisions
2.10 Sick Leave
2.11 Bereavement
Leave
2.12 Jury
Service
2.13 Protective
Clothing
2.14 Meal Times
2.15 Rest Pause
2.16 Holidays
and Sundays
2.17 Termination
of Employment
2.18 Redundancy
3. Casual
Employees
3.1 Hours
3.2 Wages
3.3 Allowances
3.4 Annual
Leave
3.5 Long
Service Leave
3.6 Meal Times
3.7 Rest Pause
4. Temporary
Contract Employees
4.1 Hours
4.2 Wages
4.3 Allowances
4.4 Annual
Leave
4.5 Long
Service Leave
4.6 Sick Leave
4.7 Rostered
Days Off
4.8 Meal Times
4.9 Rest Pause
4.10 Holidays
and Sundays
4.11 Termination
and Employment Contract
SECTION 2
General Conditions
1. Arrangement
2. Basic
Wage
3. Indexation
- Actual Rate of Pay
4. Lunch
Room
5. Union
Delegates
6. Notice
Board
7. Transfer
of Employees
8. First-aid
9. Locomotion
10. Union
Membership Meetings
11. Right of
Entry
12. Accident
Pay
13. Rehabilitation
14. Disputes
Procedure
15. Times and
Payment of Wages
16. Particulars
of Wage to be Furnished to Employees
17. Mixed
Functions
18. General
(Cleaning)
19. Wage
Increase
20. Award
Review and Negotiations
20A. Anti-Discrimination
21. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
SECTION 1
1. Full-time
Employees
1.1 Hours - The
ordinary hours of work (exclusive of meal times) shall not exceed:
(a) Thirty-eight
hours per week, based on a 19-day month.
(b) Ordinary hours
of work may commence at/or after 6.30 a.m. and may cease at/or up to 6.30 p.m.,
Monday to Friday.
(c) All hours
worked after ordinary hours on any one day will be classified as overtime.
(d) Any changes by
the employer to normal starting time shall be discussed with the employees
concerned and one week’s notice given before any such change.
1.2 Multi‑skill
Levels ‑
Level 4 Unskilled: After six months' full-time employment, or
its casual equivalent, each employee shall be tested and, if successful, shall
be elevated to Level 3.
Level 3 Semi-skilled: An employee who has achieved this level
shall work in all departments, including clerical departments, but does not
require computer or forklift driver training.
Level 2 Semi-skilled: An employee who has been successfully
trained as a computer/VDU operator or forklift driver.
Level 1 Skilled: An employee who has been successfully
trained in various warehouse and/or administration departments and has been
appointed to the position of Department Head.
1.3 Wages ‑
The minimum weekly wage shall be as set out in (i) of Table 1 ‑ Wages, of
Part B, Monetary Rates.
1.4 Overtime ‑
(1) All time
worked:
(a) outside the
normal hours;
(b) before the
regular commencing time on any day;
(c) after the
regular ceasing time on any day;
(d) beyond eight
hours on any one shift,
Shall be paid for at the rate of time and one‑half for
the first two hours and double time thereafter. In computing overtime, each
day's work shall stand alone.
(2) An employee
who works on any Saturday shall be paid overtime at the rate of time and one‑half
for the first two hours and double time thereafter, with a minimum payment of
three hours; provided that all time worked after 11.00 a.m. shall be paid
for at the rate of double time.
(3) In all cases,
any portion of an hour less than 30 minutes shall be reckoned as 30 minutes and
any portion of an hour above 30 minutes shall be reckoned as an hour.
1.5 Allowances ‑
Meal allowance shall be an amount as set out in Item 1 of Table 2 ‑ Other
Rates and Allowances, of Part B, Monetary Rates.
Service Allowance ‑
(a) Three years'
service ‑ an amount per week as set out in Item 2 of the said Table 2.
(b) Five years'
service ‑ an amount per week as set out in the said Item 2.
For ease of administration, the years of service shall fall
due on the anniversary date of one employee's appointment to permanent status.
First‑aid Allowance ‑ An employee who is
appointed as a first‑aid attendant shall be paid an additional payment
per week at the rate set out in Item 3 of Table 2.
Cleaning Allowance ‑ A cleaner, in addition to normal
wages, shall be paid a toilet cleaning allowance per week as set out in Item 4
of Table 2.
Laundering Allowance ‑ Where an employee wears a
uniform, cap, coat, overall or other uniform dress or protective clothing and
footwear, the same shall be provided by the company and shall be laundered by
the employer at the company’s expense, provided that where by mutual agreement
the laundering is done by the employee, or the company having refused,
neglected or failed to launder the articles and the laundering is done by the
employee, the employee shall be paid an amount per week as set out in Item 5 of
Table 2.
Shift Allowance ‑ Afternoon shift (4.00 p.m. to
midnight) ‑ an allowance of 17.5 per cent on the skill level hourly rate,
with meal breaks included and paid.
EDP operators who work a shift shall be paid the Level 1
hourly rate, plus a shift allowance of 17.5 per cent of the hourly rate. EDP
operators may work on the following shift:
from 4.30 p.m. to 1.00 a.m. the next day; or
from 5.00 a.m. to 1.00 p.m. the same day;
with meal breaks included and paid.
1.6 Annual Leave ‑
See Annual Holidays Act 1944.
1.7 Annual Leave
Loading ‑ In accordance with the Warehouse Employees' ‑ General
(State) Award published 3 November 1982, reprinted 13 June 1984 and further
reprinted 11 October 1991 (265 l.G. 418).
1.8 Long Service
Leave ‑ See Long Service Leave Act
1955.
1.9 Parental Leave
Provisions ‑ See Part 4, Chapter 2, Industrial
Relations Act 1996.
1.10 Sick Leave ‑
(a) All weekly
employees shall, subject to the production of a medical certificate or other
evidence satisfactory to the employer, be entitled to ten days' sick leave each
calendar year on full pay.
(b) The payment
for any absence on sick leave in accordance with this clause during the first
three months of employment of an employee may be withheld by the employer until
the employee completes such three months of employment, at which time the
payment shall be made.
1.10.1 State
Personal/Carer's Leave Case ‑ August 1996 ‑
(1) Use of Sick
Leave ‑
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in section (ii) of subparagraph (c) of this paragraph who needs
the employee's care and support, shall be entitled to use, in accordance with
this subclause, any current or accrued sick leave entitlement provided for in
subclause 1.10, Sick Leave, of this clause for absences to provide care and
support for such persons when they are ill. Such leave may be taken for part of
a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer's leave under this subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of the employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this subsection:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose ‑
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in section (ii) of subparagraph (c) of paragraph (1) of subclause 1.10A who is
ill.
(3) Annual Leave ‑
(a) An employee
may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual
leave not exceeding five days in single-day periods, or part thereof, in any
calendar year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in subparagraph (a) of this paragraph, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime ‑
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with subparagraph (a) of this
paragraph, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said subparagraph (a), the employee
shall be paid overtime rates in accordance with the award.
(5) Make‑up
Time ‑
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off ‑
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in
part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This paragraph
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.
1.11 Bereavement
Leave ‑ An employee on weekly hiring shall be entitled to a maximum of
five days' leave without loss of pay on each occasion and on production of
satisfactory evidence of the death in Australia of the employee's husband,
wife, father, mother, parents-in-law, grandparents, brother, sister, child or
stepchild. Provided, however, that this
clause shall have no operation while the period of entitlement to leave under
it coincides with any other period of entitlement to leave. For the purposes of this clause, the words
"wife" or "husband" shall not include a wife or husband
from whom the employee is separated but shall include a person who lives with
the employee as a de facto wife or husband, as the case may be.
Provided further, an employee on weekly hiring shall be
entitled to a maximum of five days' leave without loss of pay on each occasion
and on the production of satisfactory evidence of the death outside Australia
of an employee's husband, wife, father or mother and where such employee
travels outside Australia to attend the funeral.
1.12 Jury Service ‑
An employee shall be allowed leave of absence during any period when required
to attend for jury service. During such
leave of absence, an employee shall be paid the difference between the jury
service fees received and the employee's rate of pay as if working. An employee shall be required to produce to
the company proof of jury service fees received and proof of requirement to
attend as soon as practicable after receiving notification to attend for jury
service.
1.13 Rostered Days
Off ‑
(a) Each full-time
employee shall be entitled to 13 rostered days off (RDOs) per year, on a day
agreed between the company and the employee.
(b) Rostered days
off shall not be a Saturday or Sunday.
(c) The first nine
RDOs will be taken from January to September.
(d) The remaining
four RDOs will not be taken by employees as they fall due unless agreed by
management. Instead, they will be
accumulated and taken off by employees on the first four working days after
Christmas each year.
(e) If required,
volunteers will be invited to work during the Christmas-New Year period and
will be selected on the following basis:
First preference will be given to qualified full-time employees who
apply for the work. Unfilled positions
will then be filled by casuals.
(f) Full‑time
employees who work during the Christmas-New Year period will add accrued RDOs
to their next period of annual leave.
(g) Scheduled RDOs
will be posted in each department.
(h) If the RDO
falls on a public holiday, or on a day when employees are not required to
attend work, the rostered day off shall be taken on a day agreed between the
company and the employees.
1.14 Protective
Clothing ‑ Employees required to load or unload vehicles shall be
provided with suitable protective clothing. Such clothing shall include
adequate provision of wet weather protective clothing.
1.15 Meal Times ‑
(a) Each employee
shall be allowed each day 30 minutes for a meal break, to be taken between
11.30 a.m. and 2.30 p.m.
(b) An employee
who is required to work for any period of a meal break shall be paid at the
rate of time and one‑half and shall be allowed the time so worked as crib
time, which shall be paid for as time worked.
(c) When two hours
or more overtime are worked, a meal allowance will be paid and a 15‑minute
paid break will be allowed.
1.16 Rest Pause ‑
Each employee shall be allowed a rest pause of 15 minutes in the morning and 15
minutes in the afternoon, Monday to Thursday inclusive, and 15 minutes on
Friday morning only at a time indicated by the company.
1.17 Holidays and
Sundays ‑
(a) The following
days or days observed as such shall be holidays: New Year's Day, Australia Day, Good Friday, Easter Saturday,
Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing
Day or any other day gazetted as a public holiday within the area covered by
this award, provided that any day proclaimed as a holiday for the State for a
special purpose but observed throughout the State on different days, also shall
be a holiday.
(b) In addition to
the holidays prescribed in paragraph (a) of this subclause, employees shall be
entitled to two (2) additional public holidays in lieu of a union picnic day
and one such Public Holiday shall be added to the employee’s RDO entitlement
and the other day taken as from the anniversary of the birth date of eligible
employee. Provided that such an
entitled employee shall not be required to take such a Holiday on the same day
as those Public Holidays set out above in paragraph (a) of this subclause or on
a Saturday or Sunday and, in these circumstances only, such a Public Holiday
shall be taken on a day chosen by the entitled employee which shall be within five
business days immediately before and five business days immediately after the
relevant anniversary of the birth date of such an employee, unless otherwise
agreed by the company.
(c) For all work
done on Sunday double time shall be paid, with a minimum payment of four hours;
for all work done on holidays, double time and one- half shall be paid, with a
minimum payment of four hours.
(d) An employee
absent without leave on the day before or the day after any gazetted holiday
shall be liable to forfeit wages for the day of absence as well as for the
holiday, except where an employer is satisfied that the employee's absence was
caused through illness and a medical certificate can be supplied, in which case
wages shall not be forfeited for the holiday.
Provided that an employee absent on one day only, either before or after
a group of holidays, shall forfeit wages only for one holiday as well as for
the period of absence.
1.18 Termination of
Employment ‑
(a) Except in the
case of misconduct, the employment of an employee may be terminated by one
week's notice on either side or by payment or forfeiture (as the case may be)
of one week's pay in lieu of such notice; provided that for the first month of
engagement employment may be terminated by either side by a moment's notice.
(b) Subject to the
provision of subclause 1.17, Holidays and Sundays, an employee whose employment
is terminated on the business day preceding a holiday or holidays, otherwise
than for misconduct, shall be paid for such holiday or holidays, but these
provisions shall not apply to an employee employed for two weeks or less.
(c) Any employee,
who has been employed for not less than one month, on leaving or being
discharged shall, upon request, be entitled to a statement in writing
containing the date when the employment began and the date of its termination.
This statement shall be the property of the employee.
(d) Any employee
who has received three warnings in a 12‑month period shall be terminated
immediately, as in paragraph (a) of this subclause.
1.19 Redundancy ‑
(a) Where the
company has made a definite decision to introduce changes in production,
program, organisation, structure or technology that are likely to result in the
termination of employment of any employees, the company shall notify the
employees directly affected by the proposed changes and the union to which they
belong not later than two weeks from that decision.
(b) The company
shall discuss with the employees directly affected and the union to which they
belong the effects of any such definite decision set out in paragraph (a) of
this subclause, and the company shall give prompt consideration to the matters
raised by the employees and/or the union to which they belong prior to
termination of employment.
(c) For the
purpose of discussion, the employer shall provide to the employees directly
affected and/or to the union to which they belong all relevant information
about the proposed changes that may lead to the termination of employment,
provided that the company shall not be required to disclose confidential
information the disclosure of which it considers could adversely affect the
employer.
(d) Where, on
account of the changes made by the company as set out in subclause (a), the
company terminates the employment of a full‑time employee, who has been
employed for the preceding 12 months, the company shall give the employee one
month's notice of the termination of employment or payment in lieu thereof and,
in addition, the company shall pay such employee the equivalent of four weeks'
ordinary wages for each completed year of service with the company, up to a
maximum of 52 such weeks on ordinary wages (with a 25 per cent loading for an
employee who is aged 45 years or over at the time of termination).
2. Part‑time
Employees
2.1 Hours ‑
The ordinary hours of work (exclusive of meal times) shall not exceed 32 per
week and shall not be less than 20 hours per week, Monday to Friday, inclusive.
(a) Ordinary hours
of work may commence at/or after 6.30 a.m. and may cease at/or up to 6.30 p.m.,
Monday to Friday.
(b) All hours
worked after ordinary hours on any one day will be classified as overtime.
(c) Any changes by
the employer to normal starting time shall be discussed with the employees
concerned and one week's notice given before any such change.
2.2 Multi-skill
Levels -
Level 4 Unskilled: After six months' full‑time
employment, or its casual equivalent, each employee shall be tested and, if
successful, shall be elevated to Level 3.
Level 3 Semi-skilled: An employee who has achieved this level
shall work in all departments, including clerical departments, but does not
require computer or forklift driver training.
Level 2 Semiskilled: An employee who has successfully been
trained as a computer VDU operator or forklift driver.
Level 1 Skilled: An employee who has successfully been
trained in various warehouse and/or administration departments and has been
appointed to the position of Department Head.
2.3 Wages ‑
The minimum hourly wage to be paid shall be as set out in (ii) of Table 1 ‑
Wages, of Part B, Monetary Rates.
2.4 Overtime ‑
(1) All time
worked:
(a) outside the
normal hours;
(b) before the
regular commencing time on any day;
(c) after the
regular ceasing time on any day;
(d) beyond eight
hours on any one shift,
Shall be paid for at the rate of time and one-half for the
first two hours and double time thereafter.
In computing overtime, each day's work shall stand alone.
(2) An employee
who works on any Saturday shall be paid overtime at the rate of time and one‑half
for the first two hours and double time thereafter, with a minimum payment of
three hours; provided that all time worked after 11.00a.m. shall be paid for at
the rate of double time.
(3) In all cases,
any portion of an hour less than 30 minutes shall be reckoned as 30 minutes and
any portion of an hour above 30 minutes shall be reckoned as an hour.
2.5 Allowances -
N.B.: All allowances, with the
exception of shift and meal allowances, shall apply on a proportionate basis
according to agreed ordinary hours worked.
Meal allowance shall be an amount as set out in Item 1 of
Table 2 ‑ Other Rates and Allowances, of Part B, Monetary Rates.
Service Allowance -
(a) three years'
service Ä
an amount per week as set out in Item 2 of the said Table 2;
(b) five years'
service Ä
an amount per week as set out in the said Item 2.
For ease of administration, the years of service shall fall
due on the anniversary date of the employee's appointment to permanent status.
First‑aid Allowance ‑ An employee who is
appointed as a first-aid attendant shall be paid an additional payment per week
at the rate set out in Item 3 of Table 2.
Cleaning Allowance ‑ A cleaner, in addition to normal
wages, shall be paid a toilet cleaning allowance per week as set out in Item 4
of Table 2.
Laundering Allowance ‑ Where an employee wears a
uniform, cap, coat, overall or other uniform dress or protective clothing and
footwear, the same shall be provided by the company and shall be laundered by
the employer at the company's expense; provided that where by mutual agreement
the laundering is done by the employee, or the company having refused,
neglected or failed to launder the articles and the laundering is done by the
employee, the employee shall be paid an amount per week as set out in Item 5 of
Table 2.
Shift Allowance ‑ Afternoon shift, between the hours
of 4.00 p.m. and midnight - An allowance of 17.5 per cent on the skill level
hourly rate.
2.6 Annual Leave ‑
In accordance with the Warehouse Employees' ‑ General (State) Award
published 3 November 1982, reprinted 13 June 1984 and further reprinted 11
October 1991(265 I.G. 418).
2.7 Annual Leave
Loading ‑ In accordance with the Warehouse Employees' ‑ General
(State) Award.
2.8 Long Service
Leave ‑ See Long Service Leave Act
1955
2.9 Parental Leave
Provisions ‑ See Part 4, Chapter 2, Industrial
Relations Act 1996.
2.10 Sick Leave ‑
(a) All weekly
employees shall, subject to the production of a medical certificate or other
evidence satisfactory to the employer, be entitled to ten days' sick leave each
calendar year on full pay.
(b) The payment
for any absence on sick leave in accordance with this clause during the first
three months of employment of an employee may be withheld by the employer until
the employee completes such three months of employment, at which time the
payment shall be made.
2.11 Bereavement
Leave ‑ An employee on weekly hiring shall be entitled to a maximum of
five days' leave without loss of pay on each occasion and on production of
satisfactory evidence of the death in Australia of the employee's husband,
wife, father, mother, parents‑in‑law, grandparents, brother,
sister, child or stepchild. Provided, however, that this clause shall have no
operation while the period of entitlement to leave under it coincides with any
other period of entitlement to leave. For the purposes of this subclause, the
words "wife" or "husband" shall not include a wife or
husband from whom the employee is separated but shall include a person who
lives with the employee as a de facto wife or husband, as the case may be.
Provided further, an employee on weekly hiring shall be
entitled to a maximum of five days' leave without loss of pay on each occasion
and on the production of satisfactory evidence of the death outside Australia
of an employee's husband, wife, father or mother and where such employee
travels outside Australia to attend the funeral.
2.12 Jury Service ‑
An employee shall be allowed leave of absence during any period when required
to attend for jury service. During such leave of absence, an employee shall be
paid the difference between the jury service fees received and the employee's
rate of pay as if working. An employee
shall be required to produce to the company proof of jury service fees received
and proof of requirement to attend as soon as practicable after receiving
notification to attend for jury service.
2.13 Protective
Clothing ‑ Employees required to load or unload vehicles shall be
provided with suitable protective clothing. Such clothing shall include
adequate provision of wet weather protective clothing.
2.14 Meal Times ‑
(a) Each employee
shall be allowed each day 30 minutes for a meal break, to be taken no later
than five hours after normal commencing time.
(b) An employee
who is required to work for any period of a meal break shall be paid at the
rate of time and one-half and shall be allowed the time so worked as crib time,
which shall be paid for as time worked.
(c) When two hours
or more of overtime are worked, a meal allowance will be paid and a 15-minute
paid break will be allowed.
2.15 Rest Pause ‑
Each employee shall be allowed a rest pause of 15 minutes at a time indicated
by the company.
2.16 Holidays and
Sundays ‑
(a) The following
days or days observed as such shall be holidays: New Year's Day, Australia Day,
Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday,
Labour Day, Christmas Day, Boxing Day or any other day gazetted as a public
holiday within the area covered by this award, provided that any day proclaimed
as a holiday for the State for a special purpose but observed throughout the
State on different days, also shall be a holiday.
(b) In addition to
the holidays prescribed in paragraph (a) of this subclause, employees shall be
entitled to two (2) additional public holidays in lieu of a union picnic day
and one such Public Holiday shall be added to the employee’s RDO entitlement
and the other day taken as from the anniversary of the birth date of eligible
employee. Provided that such an
entitled employee shall not be required to take such a Holiday on the same day
as those Public Holidays set out above in paragraph (a) of this subclause or on
a Saturday or Sunday and, in these circumstances only, such a Public Holiday
shall be taken on a day chosen by the entitled employee which shall be within
five business days immediately before and five business days immediately after
the relevant anniversary of the birth date of such an employee, unless
otherwise agreed by the company.
(c) For all work
done on Sunday double time shall be paid, with a minimum payment of four hours;
for all work done on holidays, double time and one-half shall be paid, with a
minimum payment of four hours.
(d) Any employee
absent without leave on the day before or the day after any gazetted holiday
shall be liable to forfeit wages for the day of absence as well as for the
holiday, except where an employer is satisfied that the employee's absence was
caused through illness and a medical certificate is supplied, in which case wages
shall not be forfeited for the holiday; provided that an employee absent on one
day only, either before or after a group of holidays, shall forfeit wages only
for one holiday as well as for the period of absence.
2.17 Termination of
Employment ‑
(a) Except in the
case of misconduct, the employment of an employee may be terminated by one
week's notice on either side or by payment or forfeiture (as the case may be)
of one week's pay in lieu of such notice; provided that for the first month of
engagement employment may be terminated by either side by a moment's notice.
(b) Subject to the
provisions of subclause 2.16, Holidays and Sundays, an employee whose
employment is terminated on the business day preceding a holiday or holidays,
otherwise than for misconduct, shall be paid for such holiday or holidays, but
these provisions shall not apply to an employee employed for two weeks or less.
(c) Any employee
who has been employed for not less than one month, on leaving or being
discharged shall, upon request, be entitled to a statement in writing
containing the date when the employment began and the date of its
termination. This statement shall be
the property of the employee.
(d) Any employee
who has received three warnings in a 12-month period shall be terminated
immediately as in paragraph (a) of this subclause.
2.18 Redundancy ‑
(a) Where the
company has made a definite decision to introduce changes in production,
program, organisation, structure or technology that are likely to result in the
termination of employment of any employees, the company shall notify the
employees directly affected by the proposed changes and the union to which they
belong not later than two weeks from that decision.
(b) The company
shall discuss with the employees directly affected and the union to which they
belong the effects of any such definite decision set out in paragraph (a) of
this subclause, and the company shall give prompt consideration to the matters
raised by the employees and/or the union to which they belong prior to
termination of employment.
(c) For the
purpose of discussion, the employer shall provide to the employees directly
affected and/or to the union to which they belong all relevant information
about the proposed changes that may lead to the termination of employment,
provided that the company shall not be required to disclose confidential
information the disclosure of which it considers could adversely affect the
employer.
(d) Where on
account of the changes made by the company as set out in paragraph (a) of this
subclause, the company terminates the employment of a part‑time employee,
who has been employed for the preceding 12 months, the company shall give the
employee one month's notice of the termination of employment or payment in lieu
thereof and, in addition, the company shall pay such part‑time employee
the equivalent of four weeks' ordinary weekly wages, being the ordinary weekly
wage actually paid to a part‑time employee per week, for each completed
year of service with the company, to a maximum of 52 weeks of such ordinary
wages (with a 25 per cent loading for an employee who is aged 45 years or over
at the time of termination).
3. Casual Employees
A casual may be offered a minimum of 4 hours per day and a
maximum of 30 hours per week.
A casual shall be employed on a day-to-day basis.
A casual shall be employed on a trial period of one month,
with a probationary period of six months.
A casual may be employed at any of the multi-skill levels
under this Award, provided that the company shall consult first with a
representative of the Union on the employment by the company of those casuals
employed at a higher skill level than level 4.
3.1 Hours -
(a) Ordinary hours
of work may commence at/or after 6.30 a.m. and may cease at/or up to 6.30 p.m.,
Monday to Friday.
(b) Any changes by
the employer to normal starting time shall be discussed with the employees and
one week's notice given before any such change.
3.2 Wages shall be
as set out in (iii) of Table 1 ‑ Wages, of Part B, Monetary Rates.
The above rate includes 1 3/8 of the appropriate weekly
rate, plus 17½ per cent, plus 1/12, in lieu of annual leave.
3.3 Allowances -
Cleaning Allowance ‑ A cleaner, in addition to normal
wages, shall be paid a toilet cleaning allowance per week as set out in Item 4
of Table 2 ‑ Other Rates and Allowances, of Part B, Monetary Rates.
Shift Allowance - Afternoon shift (4.00 p.m. to midnight) ‑
An allowance of 17.5 per cent.
3.4 Annual Leave -
Included in hourly rate of pay.
3.5 Long Service
Leave - See Long Service Leave Act
1955.
3.6 Meal Times -
(a) Each casual
employee shall be allowed each day 30 minutes for a meal break, to be taken no
later than five hours after normal commencing time.
(b) An employee
who is required to work for any period of a meal break shall be paid at the
rate of time and one-half and shall be allowed the time so worked as crib time,
which shall be paid for as time worked.
3.7 Rest Pause -
Each employee shall be allowed a rest pause of 15 minutes at a time indicated
by the company.
4. Temporary Contract
Employees
A temporary contract employee shall be employed on a
contract basis that fully explains their entitlements and conditions, for
periods of two weeks or more to cover absences of permanent employees and
short-term increased workloads and/or seasonal demands, provided that the
company shall first consult with a representative of the Union prior to the
employment of a temporary contract worker.
A. Hours - The
ordinary hours of work (exclusive of meal times) shall not exceed 38 per week,
based on a 19-day month.
(a) Ordinary hours
of work may commence at/or after 6.30 a.m. and may cease at/or up to 6.30 p.m.,
Monday to Friday.
(b) Any changes by
the employer to normal starting time shall be discussed with the employees and
one week's notice given before any such change.
4.2 Wages ‑
The minimum hourly wage to be paid shall be as set out in (iv) of Table 1 ‑
Wages, of Part B, Monetary Rates.
4.3 Allowances ‑
Shift Allowance: Afternoon shift (4.00
p.m. to midnight) ‑ An allowance of 17.5 per cent, with meal breaks
included and paid (the paid meal break is subject to an employee working an
eight‑hour shift).
4.4 Annual Leave ‑
One‑twelfth of gross ordinary wage shall be paid on completion of
contract as annual leave.
4.5 Long Service
Leave ‑ See Long Service Leave Act
1955.
4.6 Sick Leave
shall apply if the term of one or more contracts exceeds three months.
4.7 Rostered Days
Off -
(a) Each temporary
contract employee shall be entitled to rostered days off, subject to the period
in the contract for the months of January to September.
(b) In the
remaining months (October‑December) rostered days off will not be taken
by temporary contract employees as they fall due unless agreed by
management. Instead, they will be
accumulated and taken off by temporary contract employees on the first four
working days after Christmas, or paid out on completion of the contract.
(c) Rostered days
off shall not be a Saturday or Sunday.
(d) If the RDO
falls on a public holiday, or on a day when employees are not required to
attend work, the rostered day off shall be taken on a day agreed between the
company and the temporary contract employee.
(e) Scheduled RDOs
will be posted in each department.
4.8 Meal Times ‑
(a) Each temporary
contract employee shall be allowed each day 30 minutes for a meal break, to be
taken no later than five hours after normal commencing time.
(b) An employee
who is required to work for any period of a meal break shall be paid at the
rate of time and one‑half and shall be allowed the time so worked as crib
time, which shall be paid for as time worked.
4.9 Rest Pause -
See clause 1, Full‑Time Employees, and/or clause 2, Part‑time
Employees, of this Section.
4.10 Holidays and
Sundays -
(a) If the
contract extends over a period in which a gazetted public holiday occurs, the
temporary contract employee shall be entitled to be paid for this day(s).
(b) An employee
absent without leave on the day before or the day after any gazetted holiday
shall be liable to forfeit wages for the day of absence as well as for the
holiday, except where an employer is satisfied that the employee's absence was
caused through illness and a medical certificate can be supplied, in which case
wages shall not be forfeited for the holiday.
Provided that an employee absent on one day only, either before or after
a group of holidays, shall forfeit wages only for one holiday as well as for
the period of absence.
4.11 Termination of
Employment Contract ‑ In the case of misconduct, the employment contract
of an employee may be terminated.
SECTION 2
General Conditions
l. State Wage Case
Adjustments
(i) The rates of
pay in this award include the First, Second and Third Arbitrated Safety Net
Adjustments payable under the State Wage Case Ä December 1994
decision. These arbitrated safety net
adjustments may be offset to the extent of any wage increase received at the
enterprise level since 29 May 1991.
Increases made under the current Statement of Principles, excepting
those resulting at the enterprise level, are not to be used to offset
arbitrated safety net adjustments.
(ii) The rates of
pay in this award include the adjustments payable under the State Wage Cases of
August 1997 and June 1998. These
adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
2. Basic Wage
This award, insofar as it fixes rates of wages, is made by
reference and in relation to the adult basic wage as set out in Part B,
Monetary Rates.
The said basic wage may be varied by the Industrial
Relations Commission of New South Wales under subclause (2) of clause 15 of
Division 4 of Part 2 of Schedule 4, Savings, Transitional and Other Provisions,
of the Industrial Relations Act 1996.
A reference in this award to the adult basic wage is to be
read as a reference to the adult basic wage currently in force under the said
clause 15.
3. Indexation ‑
Actual Rate of Pay
The company agrees that any wage adjustment or indexation as
approved by decision of the Industrial Relations Commission of New South Wales
shall be paid on the actual agreed rate of pay.
4. Lunch Room
The company shall provide, free from all charge, a suitable
room with adequate table and seating accommodation and sufficient cutlery,
crockery and hot water.
5. Union Delegates
(a) Employees
appointed union delegates shall, upon notification thereof to the company, be
recognised as the accredited delegate of the union. An accredited union delegate shall be allowed the necessary time
during working hours to interview the company or its representatives on matters
affecting employees whom they represent.
(b) Any accredited
union delegate shall be allowed a reasonable period of time during working
hours to interview a duly accredited union official on legitimate union
business.
(c) The number of
union delegates who attend management meetings shall not exceed three at any
one time.
6. Notice Board
The company shall erect, in a prominent position on the
premises, a notice board of reasonable dimensions or a number of such notice
boards of reasonable dimensions, in the circumstances upon which an accredited
representative of the union shall be permitted to post formal union notices
signed by the Secretary. Any notice on
the board not so signed may be removed by an accredited representative of the
union or by the employer.
7. Transfer of
Employees
(a) When an
employee is required to report for work at a place other than the employee's
usual place of work, the employee shall be paid all fares reasonably incurred
in excess of those the employee normally would incur attending at the
employee's usual place of work and returning home, and shall be paid all
travelling time in excess of that taken to reach the employee's usual place of
work and returning home.
(b) Travelling
time shall be paid for at ordinary rates of pay.
(c) The foregoing
subclause shall apply only to an employee temporarily transferred from the
employee's usual place of work. A temporary transfer shall mean a period of
employment at places other than the usual place of work, up to a maximum of
three consecutive weeks.
(d) An employee
transferred from working place to working place during ordinary working hours
shall be paid the time spent in travelling as for time worked and shall receive
reimbursement of fares incurred in such transfer.
(e) Where the
transfer involves an employee being absent from the employee's normal place of
abode, the employee shall be reimbursed for reasonable expenses incurred for
accommodation, together with first class fares to and from the place of
transfer.
8. First-aid
(a) The company
shall provide a first-aid outfit which shall be under the control of the
manager or other appointed person.
(b) The company
shall train and appoint suitable first-aid attendant(s) and shall train and
appoint a suitable back-up attendant(s).
9. Locomotion
Where an employee is required to use the employee's vehicle
for the company's business, the employee shall be paid for the use of the
employee's car at the rate per kilometre as set out in Item 6 of Table 2 ‑
Other Rates and Allowances, of Part B, Monetary Rates.
10. Union Membership
Meetings
The company agrees to allow members to meet during the
company's time for a maximum of 30 minutes, no more than three times per year,
for the purpose of discussing union business.
11. Right of Entry
See Industrial
Relations Act 1996.
12. Accident Pay
See Workers'
Compensation Act 1987.
13. Rehabilitation
The company shall introduce a rehabilitation program as
agreed between the parties.
14. Disputes
Procedure
(a) Any dispute or
complaint should, in the first instance, be taken by the individual member to
the Supervisor.
(b) If the member
is not satisfied with the Supervisor's response, then the matter should be
taken up with the Manager of the department.
(c) If the problem
is not resolved, the union delegate shall go with the member to the
Distribution Director.
(d) If the matter
cannot be resolved, the union officials shall take the matter up with the
Distribution Director.
(e) Notwithstanding
any of the above, the member may involve the delegate at any stage in the
problem and the delegate shall always be able to call the union official at any
time.
(f) If the matter
cannot be resolved between local management, the delegates and the union, then
it must be transferred to the company's Chief Executive or designated
representative; thereafter the matter shall be referred to the Industrial
Relations Commission of New South Wales for resolution.
15. Times and Payment
of Wages
All wages, in addition to any bonus, commission or premium
the company may choose to pay, shall be paid weekly on Thursday, calculated up
to and including Tuesday in each week.
Overtime shall be paid within a week from the pay day succeeding the day
on which it was earned. This clause may be varied if mutually agreed between
the parties to the award.
Notwithstanding the foregoing:
(a) Where
employment is terminated, an employee shall be paid forthwith all ordinary
wages due and shall be paid all overtime and other moneys due within seven days
of the date of the termination of employment.
(b) In the event
of the company not paying the said overtime and other moneys due at the time on
which it has undertaken to pay, the company shall reimburse the employee all
expenses incurred in attending to collect the amounts due.
(c) Where an
employee is required by the company to wait beyond the ordinary ceasing times
of the employee for payment of ordinary wages after the period of the
termination for a period of more than 15 minutes, the employee shall be paid
ordinary wages for the period during which the employee is so required to wait.
16. Particulars of
Wage to be furnished to Employees
On the payment by the company of any wages to an employee
covered by this award, whether or not such payment is required by the award to
be made, the company shall furnish to the employee, either by noting on the pay
envelope of the employee or by way of a statement in writing handed to the
employee at the time when the payment is made, such particulars as may be
prescribed as regards:
(a) the date of
payment;
(b) the period in
respect of which the payment is made;
(c) time worked or
work done by the employee;
(d) matters in
respect of which the payment is made;
(e) deductions
made;
(f) the amount
paid;
(g) how the amount
paid is made up.
Wages are paid in either cash, by cheque or by direct
deposit into a bank account, the company to meet the cost of the EFT
transactions.
17. Mixed Functions
(a) The company
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training.
(b) Any employee
called upon temporarily or on relief assignment to do work of a higher skill
level than that in which the employee is working shall, if so employed for two
or more hours, be paid at the rate for the higher level for the whole day and,
if so employed for less than two hours, shall be paid the higher rate for the
time actually worked in that higher skill level.
18. General
(cleaning)
(a) Employees
other than cleaners shall not be required to clean floors, sweep pavements,
clean lavatories or clean windows, other than for the purposes of removing
occasional defacements and keeping their immediate work area tidy.
(b) The company
shall engage a pest control company to treat the warehouse for book mites and
other vermin as required.
19. Wage Increase
The Rates of Pay and Allowances set out in Part B, Monetary
Rates of this Award shall be effective as from the first pay period commencing
on or from 1 October, 2000. There shall
be further increases in the Rates of Pay and Allowances, as follows:
Percentage (%) Increase Effective
Date (as from the first pay thereafter)
Two Percent (2%) 1
April 2001
Three Percent (3%) 1
October 2001
20. Award Review and
Negotiations
The Company and the Shop, Distributive and Allied Employees’
Association, New South Wales shall commence discussions and negotiations to
review the existing award as from 1 April 2002.
20A.
Anti-Discrimination
(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.
(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.
(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) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
21. Area, Incidence
and Duration
The award shall apply to all employees eligible to be
members of the Shop, Distributive and Allied Employees' Association, New South
Wales, who are employed by Harper-Collins Publishers Distribution Services at
the Warehouse and Distribution Centre at Moss Vale.
This award rescinds and replaces the previous award known as
the Harper Collins Publishers Distribution Services Award published 15
September 2000 (318 I.G. 839).
It shall take effect from 3 February 2001 and it shall
remain in force until 30 June 2002.
PART B
MONETARY RATES
Adult Basic Wage:
$121.40 per week
Table 1 - Wages
|
(i) Full-time employees -
|
Rate per week
|
|
|
$
|
|
Level 1: Skilled
|
591. 44
|
|
Level 2:
Semi-skilled
|
549. 10
|
|
Level 3:
Semi-skilled
|
514. 49
|
|
Level 4: Unskilled
|
494. 44
|
|
17-year
old
|
65% of adult wage
|
|
16-year
old
|
60% of adult wage
|
|
(ii) Part-time
employees -
|
Hourly wage
|
|
|
$
|
|
Level 1: Skilled
|
15. 556
|
|
Level 2:
Semi-skilled
|
14. 450
|
|
Level 3:
Semi-skilled
|
13. 539
|
|
Level 4: Unskilled
|
13. 011
|
|
17-year
old
|
65% of adult wage
|
|
16-year
old
|
60% of adult wage
|
|
(iii) Casual
Employees -
|
Hourly wage
|
|
|
$
|
|
Level 2: Semi-skilled
|
18. 178
|
|
Level 3: Semi-Skilled
|
17. 238
|
|
Level 4: Unskilled
|
16. 563
|
|
17-year
old
|
65% of adult wage
|
|
16-year
old
|
60% of adult wage
|
|
(iv) Temporary
Contract
|
Hourly wage
|
|
Employees
-
|
$
|
|
Level: 4
|
13. 011
|
|
17-year
old
|
65% of adult wage
|
|
16-year
old
|
60% of adult wage
|
Table 2 - Other Rates and Allowances
|
Item
|
Clause No.
|
Brief Description
|
Amount
|
|
No.
|
|
|
$
|
|
1
|
1(1.5), 2(2.5)
|
Meal Allowance
|
10. 66
|
|
2
|
1(1.5), 2(2.5)
|
Service Allowance
|
|
|
|
1(1.5), 2(2.5)
|
- 3 years’ service
|
6. 09 per week
|
|
|
|
- 5 years’ service
|
9. 16 per week
|
|
3
|
1(1.5), 2(2.5)
|
First-aid Allowance
|
|
|
|
|
- Full-time employees
|
14. 26 per week
|
|
|
|
- Part-time employees
|
14. 26 per week
|
|
4
|
1(1.5), 2(2.5),
3(3.3)
|
Toilet Cleaning Allowance
|
6. 20 per week
|
|
5
|
1(1.5), 2(2.5)
|
Laundering Allowance
|
7. 11 per week
|
|
6
|
9 (Section 2)
|
Locomotion Allowance
|
0.49 per kilometre
|
T. M. KAVANAGH, J.
____________________
Printed by the authority of the Industrial Registrar.