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 590 of 2007)
Before The Honourable Mr
Deputy President Harrison
|
31 July 2007
|
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.
|
Percentage of
Minimum Award Wage Rates -
|
|
Storeman and/or
Packer (Appendix I)
|
At 17 years of age & under
|
55
|
At 18 years of age & under
|
67.5
|
At 19 years of age & under
|
80
|
At 20 years of age
|
92.5
|
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
2006. 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) This Award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Storemen &c.) Award,
published 16 April 2004 (344 IG 42) and all variations thereof.
(iii) This Award was reviewed on 31 July 2007
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 IG 359). The changes take effect on and from 31 July
2007.
(iv) This Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
APPENDIX I
MINIMUM AWARD WAGE RATES
Classification
|
Minimum Award Wage Rates
|
Minimum Award Wage Rates
|
|
(Per Week)
|
(Per Week)
|
|
State Wage Case 2005
|
State Wage Case 2006
|
|
$
|
$
|
Storeman and/or Packer
|
558.70
|
578.70
|
Assembler
|
560.20
|
580.20
|
Forklift Driver
|
564.40
|
584.40
|
Leading Hand
|
560.80
|
580.80
|
Charge Hand
|
563.00
|
583.00
|
APPENDIX II
ALLOWANCES AND SPECIAL RATES
Item No.
|
Subject
|
Amount
|
Amount
|
|
|
State
Wage Case 2005
|
State
Wage Case 2006
|
|
|
$
|
$
|
1
|
Charge
Hand (1-5 employees)
|
16.40
|
17.10
|
2
|
Charge
Hand (6-10 employees)
|
24.60
|
25.60
|
3
|
Charge
Hand (over employees)
|
34.00
|
35.40
|
4
|
Single
Employee
|
13.00
|
13.50
|
5
|
Forklift
Driver
|
65
cents per hour
|
68
cents per hour
|
6
|
Mobile
Crane
|
78
cents per hour
|
81 cents
per hour
|
7
|
Mobile
Crane
|
78
cents per hour
|
81
cents per hour
|
R.
W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.