Crown
Employees (Storemen, &c.) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 80 of 2012)
|
Before The Honourable Mr
Justice Staff
|
11 April 2012
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REVIEWED
AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Wages
3. No Extra
Claims
4. Payment of
Wages
5. Deduction
and Remittance of Union Membership Fees
6 Hours
7. Overtime -
General
8. Meal Hours
9. Working During
Meal Hours
10. Dispute
Settlement Procedures
11. Anti-Discrimination
12. Family
& Community Service Leave, Personal Carer's Leave
13. Redundancy
14. General
Conditions
15. Area,
Incidence and Duration
Appendix I - Minimum Award Wage Rates
Appendix II - Allowances and Special Rates
1. Title
This Award shall be known as The Crown Employees
(Storemen &c.) Award.
2. Wages
(i) A staff member
shall not be paid less than the minimum Award wage rate as set out in Appendix
I - Minimum Award Wage Rates, for the pay level assigned to their
classification.
(ii) A staff member
of a classification specified herein shall be paid the margin and the special
loading hereinafter assigned to that classification. The special loading specified shall be part of the ordinary rate
for all purposes of the Award.
(iii) Charge Hands
in charge of one to five staff members shall receive an amount as set out in
Item 1 of Appendix II, in addition to the Minimum Rates of Pay in Appendix I.
(iv) Charge Hands in
charge of six to ten staff members shall receive an amount as set out in Item 2
of Appendix II in addition to the Minimum Rates of Pay as detailed in Appendix
I.
(v) Charge Hand in
charge of over ten staff members shall receive an amount as set out in Item 3 of
Appendix II, in addition to the Minimum Rates of Pay as detailed in Appendix I.
(vi) Single Staff
Member - Where a storeman is in charge of a bulk store, i.e., where there is no
other person located in the same of adjoining premises to whom such storeman is
responsible then such storeman shall be paid a margin of not less than Item 4
in Appendix 2 in addition to their ordinary rate of pay.
(vii)
(a) A storeman
and/or packer who, in the course of their employment operates a forklift, shall
in addition to the rates otherwise payable in accordance with this Award, be
paid an amount as set out in Item 5 of Appendix II per hour extra whilst so
employed.
(b) A storeman
and/or packer who, in the course of their employment operates a mobile crane,
shall in addition to the rates otherwise payable in accordance with this Award,
be paid an amount as set out in Item 6 of Appendix II per hour extra whilst so
employed: Provided that in respect of
any hour or part thereof in which both of the additional payments prescribed in
paragraphs (a) and (b) of this subclause become payable, the amount payable in
respect of that hour shall not exceed the amount set out in Item 7 of Appendix
II of this Award.
(viii) Casual hands -
casual staff members shall be paid an hourly rate equal to the appropriate
weekly rate divided by thirty-eight, plus 15 per cent calculated to the nearest
half cent with a minimum payment on any day of four (4) hours.
Note: The New South Wales Annual Holidays Act 1944
provides that casual staff members under this Award are entitled to receive an
additional amount equal to one-twelfth of their ordinary time earnings in lieu
of annual leave).
(ix) Juniors - the
minimum rates of pay to be paid to juniors shall be the following percentages
of the appropriate rate of pay prescribed for ""storemen and/or
packer" as set out in Appendix I".
Such percentages shall be calculated to the nearest 5 cents, any broken
part of 5 cents in the result, not exceeding half of 5 cents shall be
disregarded.
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Percentage of
Minimum Award Wage Rates -
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|
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Storeman and/or
Packer (Appendix I)
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At 17 years of age & under
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55
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At 18 years of age & under
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67.5
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At 19 years of age & under
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80
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At 20 years of age
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92.5
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Over 21 years of age the minimum wage for the class in
which he/she is working; provided that where a staff member under 21 years of
age is called upon to stack goods weighing 31.75 kg or over more than three
feet high or to lift or carry without assistance goods weighing over 45.36 kg
he/she shall be entitled to the minimum wage prescribed for storemen.
(x) All references
to the masculine gender also include the feminine gender.
(xi) The rates of
pay in this Award include the adjustments payable under the State Wage Cases of
2010. 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.
3. No Extra Claims
It is a term of this Award (arising from the Industrial
Commission in Court session in the State Wage Case of 4th October 1989) that
the union undertakes, for the duration of the principles determined by that
decision, not to pursue any extra claims, Award or over Award, except where
consistent with those principles.
4. Payment of Wages
Wages are to be paid into a bank or other account,
except in isolated areas where payment will be made by cheque.
5. Deduction of Union
Membership Fees
(i) 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.
(ii) 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 of
taking effect.
(iii) Subject to (i)
and (ii) above, the employer shall deduct union fortnightly membership fees
from the pay of any staff member who is a member of the union in accordance
with the union’s rules, provided that the staff member has authorised the
employer to make such deductions.
(iv) Monies so deducted
from the staff member’s pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to the staff member’s union membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) Where a staff
member 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 staff member to make a fresh authorisation in order for
such deductions to continue.
6. Hours
(i) The ordinary
working hours, exclusive of meal times, shall average thirty-eight per week, to
be worked between 7.00 am and 5.15 pm, Monday to Friday, inclusive, as provided
for in sub-clause (ii) of this clause.
Once having been fixed, the time for commencing and finishing work shall
not be altered without at least seven days' notice to be staff members concerned
or by mutual agreement between the employer and such staff members. Where the majority of the staff members and
the employer so agree, the starting time may be varied to an earlier time.
(ii) The ordinary
hours hall be worked as a 19-day, four-week cycle with the 20th day (either
Monday or a Friday to be negotiated) being a day off fixed for all staff
members with flexibility to provide for special circumstances that may arise,
in which case the rostered day off may be altered to meet the situation
provided that the day off so altered shall be, where possible, a Monday or
Friday as may be agreed upon between the employer and the staff member
concerned.
(iii) No staff
member shall be eligible for sick leave when on rostered leave arising from the
38 hour week, 19 day month.
7. Overtime - General
(i) A staff member
may be directed by the Department Head to work overtime, provided it is
reasonable for the staff member to be required to do so. A staff member may
refuse to work overtime in circumstances where the working of such overtime
would result in the staff member working unreasonable hours. In determining
what is unreasonable, the following factors shall be taken into account:
(a) the staff member’s
prior commitments outside the workplace, particularly the staff member’s family
and carer responsibilities, community obligations or study arrangements,
(b) any risk to
staff member 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 Department Head regarding the working of the overtime, and by
the staff member of their intention to refuse overtime, or
(e) any other
relevant matter.
8. Meal Hours
(i) No less than
thirty minutes nor more than one hour shall be allowed for meal breaks. The meal break shall be taken no later than
to finish at 2.00 pm, provided that no staff member shall be required to work
for more than five hours without a break for a meal.
(ii) Where overtime
is necessary for more than 1 hour after the usual finishing time, a break of
not less than 30 minutes, nor more than 1 hour shall be allowed for tea and
shall be taken within 1 hour of such finishing time. Where such overtime does not exceed 1 hour, there shall not be
any break:
Provided that any employer and their staff members may
mutually agree to any variation of this subclause to meet the circumstances of
the work in hand.
9. Working During
Meal Hours
Staff members called upon to work during meal hours
shall be paid double rates:
Provided that in cases of emergency where it is
necessary to work up to 15 minutes after the usual ceasing time for lunch this
clause shall not apply, and in such cases the staff member shall be allowed a
period for lunch equivalent to their normal meal period.
10. Dispute
Settlement Procedures
(i) Where a dispute
arises in a particular section which cannot be resolved between the staff
member or their representative and supervising staff, it shall be referred to
the Departmental Industrial Officer or other staff member nominated by the
employer who will arrange for the matter to be discussed with the union or unions
concerned.
(ii) Failing
settlement of the issue at this level the matter should be referred to senior
management and, if appropriate, the assistance of a staff member of the Public
Employment Office.
(iii) If the matter remains
unresolved it should be referred to the Industrial Relations Commission of New
South Wales.
(iv) Whilst the
procedures are continuing, no stoppage of work or any form of limitation of
work shall be applied.
(v) The union
reserves the right to vary this procedure where it is considered a safety
factor is involved.
11.
Anti-Discrimination
(i) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act, 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(ii) 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.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimize a staff member because the staff
member has made or may make or has been involved in a complaint of unlawful
discrimination or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted 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.
(v) 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.
Notes:
(a) Employers and
staff members may also be subject to Commonwealth Anti-Discrimination
Legislation.
(b) 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."
12. Family &
Community Service Leave, Personal Carer's Leave
(i) The definition
of "family" and "relative" for the purpose of this clause
is the person who needs the staff member’s care and support and is referred to
as the "person concerned" and is:
(a) a spouse of the
staff member, or
(b) 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
(c) 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 and legal guardian), grandparent,
grandchild or sibling of the staff member or spouse or de facto spouse of the
staff member, or
(d) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or
(e) a relative of
the staff member who is a member of the same household, where for the purposes
of this paragraph:
(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.
(ii) Family &
Community Services Leave
(a) The Chief
Executive Officer may grant family and community service leave to a staff
member;
(1) for reasons
related to the family responsibilities of the staff member, or
(2) for reasons related
to the performance of community service by the staff member, or
(3) in a case of
pressing necessity.
Family and Community Services Leave replaces Short
leave.
(b) The maximum
amount of family and community services leave on full pay that may be granted
to a staff member is:
(1) 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
(2) 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 staff member, whichever
is the greater period.
(c) Family and
Community Service Leave is available to part-time staff members on a pro rata
basis, based on the number of hours worked.
(d) 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 Clause 9(i).
(iii) Use of Sick
Leave to care for a sick dependant - general:
When family and community service leave, as outlined in
9(b) is exhausted, the sick leave provisions under clause 9(iv) may be used by
a staff member to care for a sick dependant.
(iv) Use of sick
leave to care for a sick dependant - entitlement
(a) The entitlement
to use sick leave in accordance with this clause is subject to:
(1) the staff member
being responsible for the care and support of the person concerned, and
(2) the person concerned
being as defined in clause 9(i).
(b) A staff member
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.
(c) 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 a staff member with responsibilities
in relation to a person who needs their care and support.
(d) In special
circumstances, the Chief Executive Officer 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 Clause 12(iv)(c).
(e) If required, a
medical certificate or statutory declaration must be made by the staff member
to establish the illness of the person concerned and that the illness is such
to require care by another person.
(f) The staff
member 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.
(g) Wherever
practicable, the staff member shall give the chief Executive Officer prior
notice of the intention to take leave, the name of the person requiring care
and that person's relationship to the staff member. They must also give reasons for taking such leave and the
estimated length of absence. If the
staff member is unable to notify the Chief Executive Officer beforehand,
notification should be given by telephone at the first opportunity on the day
of absence.
(h) In normal
circumstances, the staff member must not take leave under this subclause where
another person has taken leave to care for the same person.
13. Redundancy
Refer to the NSW Premier's Department Managing Excess
Employees Policy.
14. General
Conditions
(i) Except as
otherwise prescribed or as hereinafter otherwise provided the provisions of the
Storemen and Packers General (State) Award shall apply to staff members covered
by this Award.
(ii) General leave conditions
and accident pay of staff members engaged permanently or temporarily in terms
of the Public Sector Employment and Management Act 2002 shall be bound by the
Public Sector Management (General) Regulation 1996.
15. Area, Incidence
and Duration
(i) This Award
shall apply to all staff members of the classes specified in Appendix I -
Minimum Award Wage Rates of this Award, employed in departments to which the Public
Sector Employment and Management Act 2002 applies.
(ii) 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 11 April 2012.
(iii) Changes made
to this award subsequent to it first being published on 9 November 2007 (364
I.G. 230) have been incorporated into this award as part of the review.
APPENDIX I
MINIMUM AWARD WAGE
RATES
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Classification
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Minimum Award Wage
Rates
|
Minimum Award Wage
Rates
|
|
|
(Per Week)
|
(Per Week)
|
|
|
SWC 2009 (2.8%)
|
SWC 2010 (4.25%)
|
|
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$
|
$
|
|
Storeman and/or Packer
|
640.00
|
667.20
|
|
Assembler
|
641.70
|
669.00
|
|
Forklift Driver
|
646.20
|
673.70
|
|
Leading Hand
|
642.30
|
669.60
|
|
Charge Hand
|
644.70
|
672.10
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APPENDIX II
ALLOWANCES AND
SPECIAL RATES
|
Item No.
|
Subject
|
Amount
|
Amount
|
|
|
|
SWC 2009 (2.8%)
|
SWC 2010 (4.25%)
|
|
|
|
$
|
$
|
|
1.
|
Charge Hands (1-5 employees)
|
19.00
|
19.80
|
|
2.
|
Charge Hands (6-10 employees)
|
28.50
|
29.70
|
|
3.
|
Charge Hands (over 10 employees)
|
39.40
|
41.10
|
|
4.
|
Single Employee
|
15.00
|
15.60
|
|
5.
|
Forklift Driver
|
0.76 cents per hour
|
0.79 cents per hour
|
|
6.
|
Mobile Crane
|
0.89 cents per hour
|
0.93 cents per hour
|
|
7.
|
Mobile Crane
|
0.89 cents per hour
|
0.93 cents per hour
|
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.