FOOD PRESERVERS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices
of award reviews pursuant to section 19 of the Industrial Relations Act 1996.
(Nos. IRC 5767,
5769, 5771 of 1999 and 5286 of 2000)
Before the Honourable Justice Marks
|
31 July 2001
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REVIEWED AWARD
Arrangement
PART A
Clause No.
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Subject Matter
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1.
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Title
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2.
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Definitions
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3.
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Wages and Classifications
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4.
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Rates of Pay
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5.
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Contracts of Employment
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6.
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Prohibition of Outdoor and/or Contract Work
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7.
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Special Rates
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8.
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Junior Employees
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9.
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Mixed Functions
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10.
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Hours of Work
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11.
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Shift Work
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12.
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Overtime
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13.
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Meal Break and Allowances
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14.
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First Aid Attendant
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15.
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State Wage Case Adjustments
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16.
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Morning and Afternoon Tea
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17.
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Free Tea, Coffee, Milk and Sugar
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18.
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Holidays
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19.
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Sunday and Holiday Rates
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20.
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Annual Leave
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21.
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Sick Leave
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22.
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Personal/Carer's Leave
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23.
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Parental Leave
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24.
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Bereavement Leave
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25.
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Implements, Materials, Protective Clothing and Uniforms
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26.
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Damage to Clothing
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27.
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Floor Covering
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28.
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Transport of Employees
(11 p.m. to 7a.m.)
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29.
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Payment of Wages
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30.
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Aged, Slow and Infirm Workers
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31.
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Limitation of Employer's Liability
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32.
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Notice Board and Posting of Award
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33.
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Shop Stewards
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34.
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Right of Entry
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35.
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Jury Service
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36.
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Accommodation
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37.
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Accident Pay
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38.
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Preservation of Existing Rights
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39.
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Avoidance of Industrial Disputes
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40.
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Supported Wage
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41.
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Structural Efficiency
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42.
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Redundancy
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43.
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Superannuation
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44.
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Leave Reserved
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45.
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Anti-discrimination
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46.
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Area, Incidence and Duration
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PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART A
1. TITLE
1.1 This award
shall be known as the Food Preservers (State) Award.
2. DEFINITIONS
For the purposes of this award unless a contrary intention
appears
2.1 "Adult
employee" means an employee of the age of 18 years or more.
2.2 "Assistant syrup maker" means
an employee engaged in the making of syrup who is not responsible for achieving
the required final strength of the syrup to be used. Provided that an employee
who is engaged merely in unloading sugar from bags to syruping tanks shall not
be classified as an assistant syrup maker.
2.3 "Box or case repairer and/or
maker" means an employee who repairs and/or makes wooden boxes, cases,
crates, trays, slides, skips and/or pallets for use in the employer's own
business.
2.4 "Carton assembler by hand"
does not include an employee forming or partially forming single retail-pack
size cartons or products.
2.5 "Employee" means a person or
one of the classes of persons performing any of the kinds of work covered by
this award who may be employed by an employer.
2.6 "Employer"
means an employer upon whom this award is or becomes binding.
2.7 "Labelling machine operator"
means an employee operating a continuous flow horizontal labelling unit on cans
or jars or a bottle labelling machine affixing two or more labels to such
bottles.
2.8 "Leading hand" means an adult
employee appointed as such by the employer who, while working under
supervision, gives instructions to and/or is responsible for work done by other
employees.
2.9 "Open or closed pan cooker"
means an employee responsible for the cooking of jams, sauces of all
descriptions, cordials, toppings, pickles, soups and other similar classes of
formulated products.
2.10 "Quality checker" means an
employee performing duties that do not come within those of any classification
either under this award or under any other award who is engaged in testing of
raw materials, products in process or containers on line or in an area adjacent
thereto in accordance with pre-determined routine procedures and the recording
of such results.
2.11 "Pedestrian fork lift operator"
means an employee operating (from a
standing position) a self powered fork lift appliance designed to lift,
elevate, move and stack pallets. This
definition specifically excludes stillage trucks or other appliances designed
to lift and move a pallet or pallets within 30 cm of floor level.
2.12 "Season" means in respect of
work directly associated with or forming part of the preparation of the
initial, continuous processing of seasonally grown items covered by this award
-
2.12.1 peas: October 1 to the following April 30;
2.12.2 citrus fruits
(concentrated juice): June 1 to the
following January 31;
2.12.3 asparagus: September 1 to
the following March 31;
2.12.4 beans: from November 1 to
the following May 31;
2.12.5 tomatoes: December 1 to
May 31;
2.12.6 Items other than those specified above - 1
December to the following 30 April, provided that as to the processing of
apples and beetroot the season shall be extended to 31 August in New South
Wales; provided further that any seasonally grown item, other than apples and
pears, which is stored by any means whatsoever and is not prepared or processed
continuous with the harvesting season shall not be included.
2.13 "Winter season" means the period
from May 1 to the following July 31 in respect of the processing of the
following items: Sprouts, broccoli, cauliflower, celery, sweet corn, carrots,
swedes, white turnips, silver beet, cabbage, parsnips and potatoes, whether
such items are processed in a deep-frozen, canned or dehydrated form: Provided
that this definition shall not prevent any such items being processed as
seasonal vegetables under definition 2.12.6.
2.14 "Storeman and packer" means an
employee in a store or in any place where goods are handled for the purpose of
being received, stored or despatched, who is engaged in -
2.14.1 packing, assembling, collecting, recording or
checking goods or materials in course of receipt or dispatch, or
2.14.2 packing from dockets for dispatch;
For the purpose of this award -
(A) A storeman and packer shall be so
classified Subject to that the employee may be under the orders of a superior
who does not devote the whole of their time to supervising storing and packing
work.
(B) "Storeman and packer" does not
include an employee who in the course of manufacture merely encloses goods in
the uniform containers in which such goods are ordinarily sold by the
manufacturer, nor a packer who nails, uses staples or seals such containers,
nor an employee who merely loads or unloads goods already packed into or from
trucks, wagons or bulk containers, or on or from pallets.
2.15 "Syrup maker of multi-strength
syrups" means an employee who is ordinarily required to make more than one
strength of syrup during the course of a day or shift and who achieves the
required final strength of the solution to be used.
2.16 "Syrup
maker (other) or brine maker" means an employee who -
2.16.1 is ordinarily required to make a
uniform-strength syrup and who achieves the required final strength of such
syrup; or
2.16.2 makes brine and achieves the required final strength thereof.
2.17 "Union" means the Automotive,
Food, Manufacturing, Engineering and Printing Kindred Industries Union, New
South Wales Branch - Confectionery and Food Division.
2.18 "Weighbridge attendant" means an
employee engaged in the operation of a weighbridge on the receiving, checking,
weighing (gross and net weights), recording and tabulating of quantities of
various types of raw and processed material delivered to the factory for
subsequent processing: Provided that such definition shall not include an
employee engaged in the abovementioned operations merely involving deliveries
associated with transfer between different factories and/or stores of the one
employer.
3. WAGES AND
CLASSIFICATIONS
3.1 Adults -
3.1.1 Subject to the exceptions and exemptions
prescribed in this clause an adult employee in a classification or class of
work specified in the table set out in 3.1.2 shall be paid at the respective
award wage rate per week assigned to that classification or class of work set
out in Table 1, of Part B under the heading "Award rate per week".
3.1.2 Composition of Groupings - Adult employees shall be classified in
groupings as provided in Table 1 of Part B and such classified groupings shall
consist of the following designated classifications of labour -
3.2 Group 1 -
1.
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Evaporator operator (tomato paste).
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2.
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Retort or autoclave operator.
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3.
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Storeman and
packer in charge of a place in which the
employee is the only adult storeman
|
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and packer engaged
therein and who is
responsible for stock and the execution of orders.
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4.
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Spaghetti maker.
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5.
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Deep fry cooker.
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3.3 Group 2 -
1.
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Assistant vinegar brewer.
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2.
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Ingredients mixer operator using silent cutter.
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3.
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Preserver of cherries, citrus peel and/or vegetable by
syruping or brining
|
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(including the making of such syrup or brine when such is
performed directly
|
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in association with the operation).
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4.
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Cereal filling and packing line operator.
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5.
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Potato mash dryer operator.
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6.
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Hydrostatic steriliser operator.
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7.
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Controller of crystallisation operation (not including cherry and/or mixed peel
|
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preparation).
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8.
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Open or closed pan cooker (as defined).
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9.
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Cereal cooker.
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10.
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Storeman and packer (as defined).
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11.
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Employee in charge of prunes or tree fruits.
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12.
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Employee in charge of dehydrators.
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13.
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Dehydration tunnel operator.
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14.
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Dough or paste maker by machine other than for pie
products.
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15.
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Rotary coil operator (tomatoes).
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16.
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Quality checker (as defined).
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3.4 Group 3 -
1.
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Inspector of fruit or vegetable for acceptance or
rejection.
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2.
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Filling and closing machine operator, i.e., employee
operating automatic
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polythene or cellophane pack type unit and hesser filling
and closing machine.
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3.
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Assembler and weigher of ingredients for cooked products
(other than jam).
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4.
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Weighbridge attendant (as defined).
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5.
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Labelling machine operator.
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6.
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Potato mash cooking and preparation line operator.
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7.
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Evaporator operator (other than tomato paste).
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8.
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Trimmer by hand of uncooked meat.
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9.
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Syrup maker of multi-strength syrups (as defined).
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10.
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Bulk fruit bin maker and/or repairer.
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11.
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Filling and closing machine operator, i.e., employee
operating automatic
|
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polythene pack type unit for frozen products.
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12.
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Pedestrian forklift driver (as defined).
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3.5 Group 4 -
1.
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Flour sifter operator.
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2.
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Weigher and recorder of asparagus, peas from viner or bulk
dehydrates
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product from drying bins.
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3.
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Blancher operator.
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4.
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Meat ball forming machine operator.
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5.
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Pulping machine operator (tomato products).
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6.
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Lye peeler operator.
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7.
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Automatic consumer carton forming and glue sealer machine
operator.
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8.
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Syrup maker (other) or brine maker (as defined).
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9.
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Continuous flow freezing tunnel operator.
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10.
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Preparer of cherries for syruping.
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11.
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Quality grader and receiver of asparagus, pears and/or
peaches.
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12.
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Centrifuge operator.
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13.
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Steam injector operator on continuous flow cooking.
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14.
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Filling and closing machine operator responsible for
packaging products in
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cans, jars, bottles or single unit serves.
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15.
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Feeding into and/or taking away from retorts.
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16.
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Automatic carton forming, casing and sealing machine
operator.
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17.
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Inspector of frozen processed products immediately prior
to packaging.
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18.
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Sachet filling and closing machine operator.
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19.
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Controller of battering and/or crumbing of meat and/or
fish products.
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20.
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Filling and closing machine operator, i.e., employee
operating automatic
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cardboard pack type unit for frozen goods.
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21.
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Trimmer by hand of cooked meat.
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3.6 Group 5 -
1.
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Driver of factory electric truck or factory mechanical
sweeper.
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2.
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General hand assisting in cooking of hot preparation.
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3.
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Weighbridge attendant other than as defined.
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4.
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Steriliser by open pan or tank.
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5.
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Dehydration preparation line operator (root vegetables).
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6.
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Sweeper and/or boxperson in pea-vining station.
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7.
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Pea washer operator.
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8.
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Plate freezer operator.
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9.
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Meat receiver recorder in meat canning factory.
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10.
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Loader by hand of frozen goods in refrigerated vehicle.
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11.
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Mixing and/or blending machine operator.
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12.
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Steam peeler operator.
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13.
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Oven cooker and serviceperson on dim sim preparation line.
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14.
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Cleaner of machinery, equipment, vats and the like (not applicable to cleaning factory floor,
warehouse or store cleaning).
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15.
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Employee unloading and handling potatoes in bulk store.
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16.
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Meat cutter operator by hand saw and/or guillotine.
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17.
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Carton former operator.
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18.
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General hand assisting on continuous flow rotary fruit
cooker.
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19.
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General hand engaged in loading, unloading, tipping,
storing or preparing of citrus peel or vegetables in acidic brine
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20.
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Knife or circular blade sharpener.
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21.
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Pea forker by hand or grab.
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22.
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Shaker and/or rumbler operator in pea vining.
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23.
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Assistant spaghetti maker.
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24.
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Box or case repairer and/or maker (as defined).
|
25.
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Weigher or recorder of meat or vegetables in raw or
processed form (other than asparagus, peas or bulk dehydrated products from
drying bins)
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26.
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Unloader by hand of frozen goods from bulk bins.
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27.
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Unloader by hand of citrus peel or cherries from syruping
vats.
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28.
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Unloader of meat in meat preparation area.
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29.
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Supplier of cooked meat and/or poultry to trimmers.
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30.
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Closer operator on canned products other than in can
making.
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31.
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Meat slicer or mincer operator.
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32.
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Size grader operator.
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33.
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Assistant syrup maker (as defined).
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34.
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Feeder of stillages to slitting machine in can making.
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35.
|
Employee engaged in the juice making section working on or
about a fruit press in processes associated with the extraction of fruit
juices
|
36.
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Feeder of meat or fish product to forming machine.
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37.
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Frozen meat or fish disintegrator or emulsifier operator.
|
38.
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Gas pack operator on dehydrated products.
|
39.
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Potato piler operator in bulk store.
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40.
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Busse loader operator.
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41.
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Shrink wrap packaging operator.
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42.
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Rotary cooler operator on jam and/or spread making.
|
43.
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Closer operator (jars or bottles).
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44.
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Packer of clear mixed pickles into glass jars.
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45.
|
Unloader or weigher of bulk-frozen product for
dehydration.
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3.7 Group 6 -
3.7.1 Sub-Group A -
1.
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Controller of flow of fruit, vegetables or containers to
preparation, syruping and/or
|
|
filling lines.
|
2.
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Corn sieving machine operator.
|
3.
|
Pre-heater operator in fruit canning.
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4.
|
Filler operator (cans, jars or bottles).
|
5.
|
Dicer, cutter or fruit stoning machine operator on fruit
or vegetables.
|
6.
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Bottle, jar or equipment washing machine operator.
|
7.
|
Shaker and/or rumbler operator other, i.e., operator of
automatic root vegetable peeler
|
|
or grape declusterer.
|
8.
|
Wooden bulk bin tipping and/or bulk bin filling machine
operator.
|
9.
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Carton sealing machine operator.
|
9A.
|
Carton sealing machine operator other than sealing with
self-adhesive tape.
|
10.
|
Remover of lids from compounding machine, press, machine
and/or drying oven in
|
|
can making.
|
11.
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Pedestrian electric truck operator.
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12.
|
Busse unloader operator.
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13.
|
Can opener by machine (A 10 type can only).
|
14.
|
Palletising or depalletising machine operator.
|
15.
|
Hoist operator.
|
16.
|
Sealing machine operator on 4.5 to 18.2 litre cans.
|
17.
|
Casing machine operator.
|
18.
|
Towveyor attendant.
|
19.
|
Employee engaged in cutting or pulping lemons, pineapples,
oranges or grapefruit by
|
|
hand.
|
20.
|
Pourer out or filler or stirrer of jam, soup, chutney,
pickles, pulp or other hot
|
|
preparations by hand.
|
21.
|
Loader of dehydration trays to trucks.
|
22.
|
Feeding peach
pitting, apple or pear preparing or apricot slitting machine piecemeal
|
|
by hand.
|
23.
|
Can or jar tapper.
|
24.
|
Trimmer and/or inspector of onions and/or horseradish or feeder
of onion peeling machine piecemeal by hand
|
25.
|
Dicer and/or shredder operator.
|
26.
|
Pastry roller machine operator.
|
27.
|
Operator of automatic cellotape type carton sealing
machine.
|
28.
|
Bag sewing machine operator.
|
29.
|
Feeding on to a moving belt tins of preserved products
weighing collectively over 2.7
|
|
kg.
|
3.7.2 Sub-Group B - Subject to the operation of
State laws relating to safety, junior employees may be employed upon the following
classifications -
1.
|
Wheeler of loaded stillages into and out of freezing
chamber.
|
2.
|
Unloader of processed material from dehydration trays.
|
3.
|
Loader or unloader of goods in warehousing not elsewhere
classified.
|
4.
|
Stacker on pallets of filled cartons and/or 2.3 to 18.2
litres filled containers.
|
5.
|
Tank attendant (tomato evaporator or bean blancher).
|
6.
|
Bulk dumper by hand.
|
7.
|
Waste disposal unit attendant.
|
8.
|
Hand truck wheeler.
|
9.
|
Filler by hand of 18.2 litre container of hot
preparations.
|
10
|
Recorder of pallets of processed goods, empty wooden bulk
bins and lug boxes
|
|
or raw material to production line.
|
11
|
Hand solderer other than in can making.
|
12
|
Unloader of lambs' tongues from salt brine solution.
|
13
|
Assistant to plate freezer operator.
|
14
|
Loader of dehydration trays on filling lines.
|
15
|
Dump rig employee in freezing chamber.
|
16
|
Unloader by hand from conveyor or machine not elsewhere
classified.
|
17
|
Material washer operator (other than pea cleaning).
|
18
|
Remover by hand of pallets from depalletiser other than in
can making.
|
19
|
Supplier of fruit to pieceworkers.
|
20
|
Clutchperson on peach preparation machine.
|
21
|
Filler and/or unloader of retort baskets by hand.
|
22
|
Filler and/or unloader of retort baskets by hand - A10
cans or larger.
|
23
|
Unloader of empty jars or bottles from containers and/or washing
machines.
|
24
|
Employee engaged in peeling melons.
|
25
|
Feeder by hand of raw or processed material to preparation
and/or filling
|
|
machine (not elsewhere classified).
|
26
|
Check weigher.
|
27
|
Raker or forker of filled cans to pallets.
|
28
|
Feeder of machine, piecemeal by hand other than elsewhere
specified.
|
29
|
Washer of movable hoppers.
|
30
|
Carton sealer by hand.
|
31
|
Can or jar tapper.
|
32
|
Size grader machine attendant.
|
33
|
Supplier of product to hand fillers of consumer packs.
|
34
|
Lumper other than in a storage and dispatch area.
|
35
|
Market attendant on asparagus canning line.
|
36
|
Label inspector immediately after labelling.
|
37
|
Strapper of palletised cartons.
|
38
|
Assistant to controller of flow fruit, vegetables or
container to preparation,
|
|
syruping and/or filling lines.
|
39
|
Trimmer or cutter of fruit or vegetables by hand.
|
40
|
Wiper of 4.5 to 18.2 litre cans after filling.
|
41
|
Sampler of peas for testing by tenderometer or
maturometer.
|
42
|
Dump rig employee other than in freezing chamber.
|
43
|
Sample card distributor on fruit receiver.
|
44
|
Carrier of trays by hand of filled material.
|
45
|
Feeder by hand of unformed cartons to automatic carton
forming and casing
|
|
machine, pallets to depalletiser and empty cans to races
and/or fillers.
|
46
|
Remover of waste material.
|
47
|
Can, bag or carton stenciller.
|
48
|
Bulk bin filler in freezing chamber.
|
49
|
Pre-heater attendant in fruit canning.
|
50
|
Washer of empty raw material containers.
|
51
|
Consumer pack filler by hand.
|
52
|
Packer by hand of filled and processed product in cartons.
|
53
|
Cartons assembler by hand (as defined).
|
54
|
Cleaner of factory floors, warehouse or stores.
|
55
|
Inspector of filled cans before closing.
|
56
|
Dry spaghetti packer by hand.
|
57
|
Feeder of potatoes to forming machine piecemeal by hand.
|
58
|
Inspector of empty cans, jars or bottles immediately
before filling.
|
59
|
Bulk filler by hand of potato crisp type, mixed peel or
crystallised cherry products
|
60
|
Can opener by hand.
|
61
|
Raker or forker of cans to pallets and/or races.
|
62
|
Filler and/or unloader of retort baskets by hand other
than A10 cans or larger.
|
63
|
Spreader of product material on dehydration trays.
|
64
|
Loader by hand of trays of filled material or prepared
product.
|
65
|
Feeding into and/or taking away piecemeal by hand from
labelling machine if
|
|
not in immediate charge of machine operation.
|
66
|
Trimmer, sorter, inspector, grader, dicer, and/or cutter
by hand of fruit or
|
|
vegetables in preparation other than elsewhere classified.
|
67
|
Closer by hand of jars or bottles.
|
68
|
Filler of consumer packs by hand (including spaghetti
filling) other than
|
|
elsewhere classified or packer by hand of filled and
processed product in cartons
|
69
|
Carton assembler by hand (as defined).
|
70
|
Dough breaker.
|
71
|
Filler by hand, folder by hand and/or automatic scale
inspector of frozen bulk pack.
|
72
|
Cap feeder attendant.
|
73
|
Feeder of consumer packs to filling machine or
heat-sealing machine piecemeal
|
|
by hand.
|
74
|
Weigher of glazed and/or crystallised products for
consumer pack filling.
|
75
|
Feeder of empty containers to races and/or conveyors other
than by raking or
|
|
forking where such containers are subsequently washed,
inspected, preheated
|
|
and/or filled (including unloader of jars from continuous
sterilising tunnel).
|
76
|
Washer of pulp tins, cans and/or glass containers.
|
77
|
Labeller and/or repairer by hand of cartons and/or
containers on line.
|
78
|
Consumer pack carton assembler (hand).
|
79
|
Filler by hand of cold preparations (2.3 to 18.2 litre
containers).
|
80
|
Feeder by hand of raw materials to preparation machine.
|
81
|
Unloader by hand of product material from machine and/or
conveyor.
|
82
|
Feeder of formed cartons to casing machine operator and/or
packer by hand of
|
|
jars or bottles.
|
83
|
Pastry former.
|
84
|
Employees engaged on dim sim forming line.
|
85
|
Employee coding, wiping, glueing, sealing and/or
stencilling of cartons and/or
|
|
consumer packs by hand.
|
86
|
Feeder of unformed consumer packs to automatic carton forming
machine
|
|
(piecemeal by
hand).
|
87
|
Feeder of sachet packets to automatic filling machine
(piecemeal by hand).
|
88
|
Feeder of consumer packs to automatic cellophane wrapping
machine.
|
89
|
Inspector of berry punnets.
|
90
|
General hand, i.e., adult employee engaged on work not
elsewhere classified
|
|
for adults.
|
3.8 Type of Forklift
- rates of pay as set out in Table 1, of Part B.
3.9 Juniors - The weekly rate for the
purposes of clause 8, Junior Employees, of this award, shall be the appropriate
percentage of the Base Rate prescribed in this clause for the classification specified.
4. RATES OF PAY
4.1 Adult employees shall be paid in
accordance with the rates prescribed in Table 1 - Wages, and Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates. Junior employees shall be paid
an amount in accordance with clause 8, Junior Employees, and Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates, of this award.
4.2 Leading Hands - In addition to the
appropriate weekly wage prescribed in this clause for the highest classified
employee directly under their control and for whom they are responsible, an
adult employee employed as a leading hand (as defined) shall be paid the
further amounts set out in Item 1 of the said Table 2, such rates to be payable
for all purposes of the award. The amounts as set out in Item 1 of Table 2
shall be added to the rates set out in the said Table 1.
5. CONTRACTS OF EMPLOYMENT
5.1 Types of Employment - An employer may
employ persons covered by this award under one of the following types of
contracts of employment.
5.1.1 Permanent Employees - employed on a
permanent basis in which employment shall be terminated by one week's notice on
either side given at any time during the week or by the payment or forfeiture,
as the case may be, of one week's ordinary wages except as provided by 5.3.1
and 5.6.
5.1.2 Seasonal Employees - employed on a two-day
basis only during the season (as defined), including the winter season (as
defined), in which case employment shall be terminated by two days' notice on
either side, given at any time during the day, or by the payment or forfeiture,
as the case may be, of two days' ordinary wages except as prescribed by 5.5.1
and 5.7.1.
5.1.3 Short Term Employees - employed for a
limited period of less than 12 months duration. On engagement the employer shall notify the employee of the
estimated duration of the employment period.
5.1.4 Casual Employees - employed on a casual
basis only during the season (as defined), excluding the winter season (as
defined), in which case employment shall be terminated by one hour's notice on
either side given at any time or by the payment or forfeiture, as the case may
be, of one hour's ordinary pay at the casual rate then applying. The rate of pay for a casual employee shall
be as prescribed by 5.10.
Subject to the provisions of
5.4.1, the employment of a casual outside any season can be:
(a) by agreement between the employer and casual employee
concerned: or
(b) at
the request of
an employer to
the union for agreement (where such agreement
is requested, the union shall not unreasonably withhold
its consent).
5.1.5 Sick Leave and Annual Leave Entitlement -
Permanent, seasonal and short term employees shall be entitled to annual leave
and sick leave in accordance with the provisions of clause 20, Annual Leave and
clause 21, Sick Leave.
5.2 Statement of Class of Employment - Upon
commencing any engagement for an employer, the employee shall be given a
statement in writing by the employer notifying which class of engagement the
employee is being employed on and containing the appropriate terms of such
engagement as provided for in this clause.
5.3 Termination of Employment During the
First Week - Employment may be terminated by one hour's notice on either side
at any time during the first week of employment or the payment or forfeiture,
as the case may be, of one hour's ordinary pay at the rate then applying.
Provided that where the employer terminates the employment during the first
week of engagement and such termination is for a reason other than those
prescribed in 5.4.1, the employee shall be paid casual rates for all work done
by the employee.
5.4 Termination
of Employment Without Notice -
5.4.1 Subject to the respective notices of termination
specified in 5.1 and 5.3, an employer shall have the right to instantly dismiss
any employee without notice for gross misconduct, in any of which cases, wages
shall be due only up to the time of dismissal at the rate then applying.
5.4.2 In the event of an employee being summarily
dismissed, such employee shall be given a written statement of the reason for
such dismissal on the day of such termination or it shall be forwarded to the
employee by post on the next ordinary working day.
5.4.3 At the request, made within 28 days of the
termination of employment, by an employee, other than a casual employee, whose
services are terminated by the employer for any reason other than those
mentioned in 5.4.1 the employer shall give a statement in writing that the
termination was not made for any of those reasons.
5.5 Work to Continue During Period of Notice
- An employee who has given or been
given the required notice of termination of
employment under this
clause shall continue at work until the expiration of such
notice, unless absent with reasonable cause (proof of which shall be upon the employee), failing which the employee
shall be deemed to have abandoned the employment from the
commencement of such absence and shall
not be entitled to payment for work done during the period of the required
notice.
5.6 Termination - Sick Leave, Annual Leave
and Bereavement Leave - No employee shall give or be given notice whilst the
employee is absent from work on account of paid sick leave in accordance with
clause 21, Sick Leave, on account of annual leave in accordance with clause 20,
Annual Leave, and on account of bereavement leave in accordance with clause 24,
Bereavement Leave, of this award.
5.7 Termination by Mutual Agreement - Nothing
in this clause shall prevent a mutual agreement being reached between an
employee and the employer for the required notice of termination of employment
to be waived or reduced.
5.8 Deduction of Wages - An employer may
deduct wages for any day on which the employee has not commenced work and on
which the employee cannot be usefully employed because of any strike by any
other employees who are members of the Union and further employees not
attending for duty shall, except as provided by clauses 18, Holidays, and 21,
Sick Leave, lose their pay for the actual time of non-attendance.
5.9 Terms of
Transfer of Employees -
5.9.1 At the end of the season, an employer may
transfer a seasonal employee to employment as a permanent employee.
5.9.2 When the season commences, an employer may
transfer a permanent employee with less than one month's continuous service to
employment as a seasonal employee to process peas, asparagus, citrus fruits
(concentrated juice) or apples.
5.9.3 Any transfer made under the provisions of
this subclause shall not terminate the employment or break the continuity of
employment of the employee so transferred, and the employee shall be then given
a statement by the employer of the terms of the employee’s new class of
engagement as provided in 5.2.
5.10 Casual Rates
of Pay -
5.10.1 Ordinary Hours - For work performed during
ordinary hours casual employees on day work shall be paid at a rate 20 per cent
more per hour than the equivalent of the weekly rates prescribed for work of the
class performed by them.
5.10.2 Shift Rates - Casual employees on shift work
shall be paid for ordinary hours at the appropriate rates prescribed in 5.10.1,
plus 15 per cent thereof for afternoon shift work, plus 30 per cent thereof for
night shift.
5.10.3 Saturdays, Sundays and Holidays - Overtime -
The rates of pay for casual employees for overtime or for work on Saturdays,
Sundays and holidays shall be time and a half or double time, double time and a
half, or treble time, as appropriate, in accordance with clauses 12, Overtime -
Rates and Conditions, and 19, Sunday and Holiday Rates, calculated as to casual
day workers or day-shift workers on one-fortieth of the appropriate weekly rate
for the work; for such work by a casual employee on afternoon or night shift the rates ascertained for day workers or day shift workers shall have
added to them in the case of afternoon shift 15 per cent or in the
case of night shift 30 per cent.
5.10.4 Minimum Payment - Subject to 5.7, and unless
instantly dismissed earlier for a reason mentioned in 5.3, a casual employee
for any ordinary working day or shift upon which the employee is notified to
work shall be entitled to a minimum payment as for two hours' work. Where work is required on a Saturday or Sunday
or holidays by a casual employee, the employee shall be entitled to the same
minimum periods of payment as are provided for permanent or seasonal employees
in the same circumstances.
5.11 Notice to Work - A casual employee shall
be notified at the end of the day's work or shift whether their services will
be required for work on the following day or shift.
6. PROHIBITION OF OUTDOOR
AND/OR CONTRACT WORK
6.1 No employer shall give out work or
permit work to be performed by an employee at any place other than a registered
factory; and no employee shall perform work for any employer at any place other
than a registered factory.
6.2 An employee shall not perform work by
contracting, sub-contracting, sub-letting or other similar systems.
7. SPECIAL RATES
7.1 In addition to the rates of pay
prescribed elsewhere in this award for any class of employee, the following
extra rates shall be paid for the time an employee is working in the
circumstances specified hereunder:
7.2 Wet Places - An employee (other than a
cleaner of machinery, equipment, vats and the like) working in any place where
the employee's clothing or footwear becomes wet shall be paid an amount as set
out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, such extra rate to continue for all time that the employee is required
to work in wet clothing or footwear; provided that such extra rate shall not be
payable to an employee who is provided by the employer with suitable and
effective protective clothing and/or footwear. All protective footwear supplied
to an employee under this subclause shall, if previously worn by another
person, be properly sterilised before being issued to that employee.
7.3 Dirty Work - Cleaning Railway Trucks -
An employee shall not be required to load or stack goods into a railway van
which is in a dirty or offensive condition. An employee may be required to
clean out a railway truck or railway van which is in such a condition, and
whilst so employed shall be paid an amount as set out in Item 3 of Table 2,
with a minimum payment therefore on any day as also set out in Item 3.
7.4 Heavy Weights - An employee required to
lift, carry or stack by hand crates, cases, tubs or other containers of goods
or commodities of any description weighing over 40.8 kg for more than half an
hour continuously - an amount as set out in Item 4 of Table 2.
7.5 Carton Stacking - An employee required
to work singly packing-off from one or more labelling lines when the weight of each
carton is 22.7 kg or more - an amount as set out in Item 5 of Table 2.
7.6 Cold Temperatures - Any employee
required to work in cold temperatures shall be paid extra rates as follows,
whilst in temperatures -
7.6.1 between 7 degrees and minus 1 degree
Celsius (inclusive) - an amount as set out in Item 6 of Table 2;
7.6.2 between minus 2 and minus 18 degrees
Celsius (inclusive) - an amount as set out in Item 7 of Table 2;
7.6.3 below minus 18 degrees Celsius - an amount as set out in Item 8
of Table 2.
7.7 The appropriate extra hourly rate shall
be paid for any hour or part of an hour during which the employee is working in
the temperature ranges prescribed above: Provided that if during any hour the
employee works in more than one temperature range, the employee shall be
entitled for that hour only to the rate applicable for the lower or lowest
temperature range in which the employee has worked.
7.8 Pea-vining
Stations -
7.8.1 An employee at a pea-vining station who is
required to live away from home in the course of that employment shall be paid,
in addition to the wage rates prescribed by this award, such allowance as will
be sufficient to meet the cost of reasonable board and lodging.
7.8.2 An employee engaged on or about a
pea-vining machine or station (not including a mobile pea-viner) which is
located away from the processing factory shall receive an additional amount as
set out in Item 9 of Table 2.
7.9 Rates Not Subject to Penalty Additions -
The extra hourly rates herein prescribed shall be paid irrespective of the
times at which the work is performed and shall not be subject to any premium or
penalty additions.
7.10 Fumigation Gas - An employee using methyl
bromide gas in fumigation work shall be paid a special rate as set out in Item
10 of Table 2.
8. JUNIOR EMPLOYEES
8.1 Junior employees employed on any
classification other than as prescribed in sub-group B of Group 6 of 3.7.2 of
clause 3, Wages and Classifications, shall be paid the appropriate adult rate of
pay for such classification.
8.2 The minimum rates of wages for a junior
employee employed on a classification prescribed in sub-group B of Group 6 of
3.7.2 of clause 3, Wages and Classifications, shall be 75 per cent of the
weekly wage of such group.
8.3 The calculation of rates and wages
pertaining to the above percentage shall be made in multiples of 5 cents,
amounts of 2 cents or less shall be taken to the lower multiple and amounts in
excess of 2 cents shall be taken to the higher multiple.
9. MIXED FUNCTIONS
9.1 The employer may require an employee to
temporarily perform work other than that for which the employee was engaged or
on which the employee is usually employed under this award: Provided that such
an employee shall not suffer any reduction in the rate of pay for the work or
classification upon which the employee is usually employed unless or until the
terms and conditions of employment of the employee are altered by the same
notice given by the employer as is required in this award in cases of
termination of employment.
9.2 Where an employee is required under 9.1
to temporarily perform other work and that work is classified by this award at
a higher rate of pay or (in respect of
any classification not provided in this award) is classified at a higher rate
of pay under any other award, binding upon the employer in respect of that
work, the employee shall be paid for the whole of the time employed on such
work at the rate of pay prescribed for such higher classification; Provided
that such employee shall be paid at the rate of such higher classification for
the whole of the day if such work is performed for over two ordinary hours on
any day and for the whole of the week
if such work is performed for over twenty ordinary hours in any week.
9.3 An employee temporarily placed on other
work under 9.1 shall, if such work is classified under this award at a higher
rate of pay, be entitled to the conditions of employment applicable to such
higher classification; but if the employee is temporarily placed on work other
than that mentioned in this subclause, the conditions of employment under this
award applicable to the employee's usual classification or class of work shall
continue to apply.
9.4 Where any employee is placed on other
work under 9.1, and such work is performed continuously over a period in excess
of four weeks or where such employee is relieving for a period of annual leave,
whichever is the longer, such employee shall not suffer a reduction in the rate
pursuant to this clause except by the same notice given as required in the
award in cases of termination of employment.
10. HOURS OF WORK
10.1 The ordinary
hours of employment shall be 40 per week.
10.2 Except for shift workers, the ordinary
hours of employment shall be worked in five days of not more than 8 hours
continuously (except for breaks for meals) between 7 a.m. and 5.30 p.m. on
Mondays to Fridays inclusive.
10.3 The daily starting and finishing times for
day work shall be fixed by the employer within the spread of hours prescribed
by 10.2 and shall not be altered except on one week's notice or, during the
season, two days' notice, given to the employee.
10.4 An employee on day work or day shift may
be transferred to an afternoon or night shift on at least 48 hours' notice by
the employer. Where an employee is so
transferred without at least 48 hours' notice, any shift or part thereof worked
by him without that notice shall, for the purpose of this clause, be deemed to
be part of the employee’s ordinary 40 hours of employment. Such work shall be paid for at an extra half
rate for the first 3 hours and an extra full rate thereafter on a daily basis
in addition to the employee’s ordinary rate of pay and appropriate shift
penalties.
11. SHIFT WORK
11.1 Subject to 11.4 an employer may require
any employee to perform a week's work on shift work of five shifts of 8 hours
each. Such shifts shall be worked
between 11 p.m. on a Sunday and 8 a.m. on the following Saturday.
11.2 Shift Rates - Except where a higher rate
of pay is provided under clause 19, Sunday and Holiday Rates, for work on a
Sunday or holiday, payment for any afternoon shift shall be at ordinary time
plus 15 per cent, and for any night shift shall be at ordinary time plus 30 per
cent: Provided that as to casual
employees on shift work, 5.10.2 shall apply.
11.3 Meal Breaks on Shift Work - A meal break
of thirty minutes shall be allowed to shift workers on all shifts, other than
day shift, to be taken as nearly as possible in the middle of the shift. Where three shifts (day, afternoon and
night) are worked, the time of such meal break shall be counted and paid for as
time worked.
11.4 Definitions
of Shift Work -
"Day shift" shall not
commence before 7 a.m.
"Afternoon shift" means
any shift finishing after 6 p.m. and at or before midnight.
"Night shift" means any
shift finishing after midnight and at or before 8 a.m.
11.5 Restrictions
- Under 18 years - No employee under the age of 18 years shall be employed on
night shift.
11.6 Alteration - Times of Duty - The
commencing and finishing times of shift work shall be fixed by the employer and
shall not be altered except on one week's notice or, during the season, two
days' notice, given to the employee.
11.7 Shift - Transfers - An employee on
afternoon or night shift may be transferred to day work, day shift or another
shift or on at least 48 hours' notice by the employer. Where such an employee is so transferred
without at least 48 hours' notice, any day or shift or part thereof worked by the
employee without that notice shall, for the purpose of this clause, be deemed
to be part of the employee’s ordinary 40 hours of employment. Such work shall be paid for at extra
half-rate for the first 3 hours and an extra full rate thereafter of a daily
basis in addition to the employee’s ordinary rate of pay and shift penalties,
if applicable.
12. OVERTIME
12.1 Subject to the other provisions of this
clause and subject further to clause 19, Sunday and Holiday Rates, overtime
shall be paid to employees (other than casual employees) at the following
rates:
12.1.1 Day Workers (Other than on Piecework) Monday to Friday Inclusive
For all time worked before 7 a.m.
or after 5.30 p.m. or before the fixed starting time or after the fixed finishing
time on any day, Monday to Friday inclusive, or in excess of 8 ordinary hours
on any such day - time and one-half for
the first three hours and double time thereafter, such double time to continue
until the completion of the overtime work.
12.1.2 Saturday
For all time worked on a Saturday
until noon - time and a half for the first three hours and double time thereafter, and after noon - double time.
Dayworkers on Piecework - The
foregoing provisions for day workers shall apply to pieceworkers on day work on
the basis of one and one-half and double piecework rates being respectively
payable in place of time and one-half and double time.
12.1.3 Shift Workers (Other than on Piecework) -
(a) For all time worked before the fixed
starting time of any shift or after the fixed finishing time of any shift or in
excess of 8 hours on any shift, or in excess of 40 ordinary hours on shift in
any week - time and one-half for the first three hours and double time
thereafter, plus, for all such overtime, 15 per cent of ordinary time if on
afternoon shift or 30 per cent of ordinary time if on night shift. Such entitlements shall continue until the
completion of overtime work.
(b) Where work commences on a Saturday, until noon - time and one- half for the first
three hours and double time
thereafter up to noon, plus for all such work 15 per cent of ordinary time if
on afternoon shift; and after
noon - double time, plus 15 per cent
of ordinary time if on afternoon
shift or 30
per cent of ordinary time if on
night shift.
12.2 Day's Work - to Stand Alone - Except
as otherwise provided in 12.1 and 12.3, in calculating overtime each day's work
shall stand alone.
12.3 Eight Hours'
Break After Overtime -
12.3.1 When overtime work is necessary it shall,
wherever reasonably practicable, be so arranged that employees have at least
eight consecutive hours off duty between the work of successive days.
12.3.2 An employee (other than a casual employee)
who works so much overtime between the termination of their ordinary work on
one day and the commencement of the employee’s ordinary work on the next day
that the employee has not had at least eight consecutive hours off duty between
those times shall, subject to this subclause, be released after completion of
such overtime until the employee has had eight consecutive hours off duty
without loss of pay for ordinary working time occurring during such absence.
12.3.3 If, on the instructions of the employer, such
an employee resumes or continues work without having had such eight consecutive
hours off duty, the employee shall be paid at double ratesuntil the employee is
released from duty for such period, and the employee shall then be entitled to
be absent until they have had eight consecutive hours off duty without loss of
pay for ordinary working time occurring during such absence.
12.4 Minimum Payment on Saturday - In the case
of an employee on day work being notified to work overtime on a Saturday or being
notified to work overtime on a Saturday and on reporting for duty is advised
that their services are not required, the employee shall be paid as for a
minimum of two and one- half hours' work calculated at the rate of time and
one-half until 12 noon and at double time thereafter, subject to the rate of
double time applying when an employee is notified to report for work at 12 noon
or later.
The provisions of the foregoing
paragraph shall also apply to an employee on shift work, except that the minimum
payment for afternoon or night shift employees shall be as for two and one-half
hours' work at double time plus 15 or 30 percent, respectively, of ordinary
time.
12.5 Call Back -
An employee recalled to work
overtime after leaving their employer's business premises (whether notified
before or after leaving the premises) shall be paid for a minimum of four
hours' work at the appropriate rate for each time the employee is so recalled,
provided that, except in the case of unforeseen circumstances arising, the
employee shall not be required to work the full four hours if the job the
employee was recalled to perform is completed within a shorter period. This subclause shall not apply in cases
where it is customary for an employee to return to the employer's premises to
perform a specific job outside their ordinary working hours, or where the
overtime is continuous (subject to a reasonable meal break) with the completion
or commencement of ordinary working time.
Overtime worked in the
circumstances specified in this subclause shall not be regarded as overtime for
the purpose of 12.3 of when the actual time worked is less than three hours on
such recall or on each of such recalls.
12.6 Requirement
to Work Reasonable Overtime -
An employer may require any employee
to work reasonable overtime, including work on Saturdays and Sundays, at
overtime rates, and such employee shall work overtime in accordance with such
requirement: Provided that no junior employee under the age of 18 years shall
be required or permitted to work for more than 12 hours (exclusive of
meal-breaks) after commencing work on any day.
Provided further that during the
season weekend work shall be arranged by the employer to allow, whenever
possible, an average of one Saturday or Sunday free of duty in every two
weekends.
13. MEAL BREAK AND
ALLOWANCES
13.1 Subject to the provisions of this clause,
no day work or day shift employee shall work for more than five and a half
hours without a break for a meal, which break shall be 30 minutes except where
the employer and the majority of employees covered by this award agree to a
break of not more than one hour nor less than 30 minutes.
Provided that, where a system of
12-hour days or shifts is worked, no employee shall work for more than six
hours without a break for a meal.
13.2 13.2.1 The
time of taking a scheduled meal break or rest break by one or more employees
may be altered by an employer with 24 hours notice if it is necessary to do so
in order to meet a requirement for continuity of operations.
13.2.2 An employer may stagger the time of taking a
meal break and rest break to meet operational requirements.
13.3 No additional tea or meal break shall
apply where a day work or day shift employee finishes work for the day not later
than 1.5 hours after the end of the employee’s ordinary hours on any ordinary
day or at that time on a Saturday, Sunday or holiday.
13.4 No midday meal break shall apply where a
day work or day shift employee finishes work for the day at or before 12.30
p.m. on a Saturday, Sunday or holiday.
13.5 In the case of shift workers, when working
overtime including a Saturday, Sunday or holiday shift, a further meal break of
30 minutes shall be allowed at the end of such shift where more than 1.5 hours'
further work is to be performed. Such
further meal break shall be paid for as time worked.
13.6 13.6.1 For
work performed by a day worker or day shift worker during the employee's
recognised midday meal break on any ordinary day, time and a half rate shall apply
until a meal break is allowed or until cessation of ordinary hours on the day,
whichever is the earlier. Provided that
the employer shall not be obliged to pay such overtime rates to an employee
working through the employee’s recognised meal break when that employer grants
to the said employee an earlier meal break commencing not more than 30 minutes
before the employee’s recognised meal break.
13.6.2 Where a day worker or day shift worker is
required to work on a Saturday, Sunday or holiday, the employee shall be
notified by the employer on the preceding actual working day of the time that
the midday meal break will be taken.
13.6.3 For work performed by a day worker or a day
shift worker on a Saturday, Sunday or holiday during such notified midday meal
break, the rate of pay then being received by the employee shall be increased
by one-half until a meal break is allowed or until work ceases for the day,
whichever if the earlier.
13.6.4 Provided that the employer shall not be
obliged to pay such additional rate to an employee working through the
employee’s notified meal break where that employer grants to the said employee
an earlier meal break commencing not more than 30 minutes before the employee’s
notified meal break.
13.7 13.7.1 Where
a day-work or day-shift employee is required and does in fact work for more
than 9.5 hours on any day, such employee shall either be supplied by the
employer with a meal consisting of two courses, one of which shall be a hot
meat (or fish) and vegetables or be paid an amount as set out in Item 11 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
13.7.2 Should such an employee refuse to work a
minimum of two hours' overtime or additional overtime (as the case may be), if
so required by the employer, the employee shall forfeit any right to payment of
a meal allowance.
13.7.3 Payment of such meal allowance shall not
apply in the case of an employee living within a walking distance of not more
than half a mile from the place of employment, if one hour is allowed as time
for a meal.
13.8 Meal or Meal Allowances - Shift Workers -
The provisions of 13.7.1 and 13.7.2 shall also apply to a shift worker other
than a day-shift worker, if the employee is required to and does in fact work
for more than nine and a half hours on any day or if such employee performs an
additional four hours of work after the nine and a half hours as aforesaid.
14. FIRST-AID ATTENDANT
14.1 Every employer shall appoint at least one competent
person to be in charge of first-aid on each day or shift.
14.2 If any such person so appointed in
accordance with 14.1 is employed under the terms of this award, the employer
shall pay to the employee’s a minimum amount as set out in Item 12 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates, in addition to all other
payments due to the employee under this award.
14.3 The name of each person or persons in
charge of first-aid on each shift shall be clearly displayed on the notice
board in the establishment.
14.4 It shall be a defence to a prosecution for
breach of 14.1 if the employer can show that the employee has taken all
reasonable steps to obtain a competent person in first-aid, including regular
advertising for such person and approaching their existing employees to train
as first-aid attendants.
NOTE: Relevant requirements of the
Factories, Shops and Industries Act 1962 or successor legislation, and the
regulations made thereunder, should be considered.
15. STATE WAGE CASE
ADJUSTMENTS
The rates of pay in this award include the adjustments
payable under the State Wage Case 2000. 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.
16. MORNING AND AFTERNOON
TEA
Employees shall be allowed morning and afternoon tea at such
times and in such manner as shall not interfere with the continuous running of
the factory.
17. FREE TEA, COFFEE, MILK
AND SUGAR
Tea and coffee, which may be instant coffee, together with
milk and sugar shall be supplied free of charge by the employer to all
employees during meal breaks and morning and afternoon tea breaks.
18. HOLIDAYS
18.1 The following days shall be holidays for
the purposes of this award: New Year's Day, Australia Day, Good Friday, Easter
Saturday, Easter Sunday, Easter Monday, Anzac Day, Labour Day, Queen's
Birthday, August Bank Holiday, Christmas Day, Boxing Day, Union Picnic day (to
be observed during the period from June 1 to November 15, and the union to
notify the employer (in writing) of the date to be observed throughout the
State or such other day as is generally observed as such holiday), and any
other day proclaimed as a holiday to be observed throughout the State or such
other day as is generally observed in the locality as a substitute for any of
the aforesaid days, respectively, other than Union Picnic Day.
18.2 Payment for
holidays:
18.2.1 Subject to the other provisions of this
clause, employees (other than casuals) who are not required to work on any of
such holidays during all or some of the hours which on any other day would have
been their ordinary hours, shall be paid for such ordinary hours not worked (or
not paid for under clause 19, Sunday and Holiday Rates) at ordinary time plus
(where appropriate) the shift allowance of 15 or 30 per cent thereof prescribed
for afternoon and night shift workers, as the case may be.
18.2.2 This subclause shall not apply to holidays
observed on days which would otherwise have been ordinary working days.
18.2.3 An employee in receipt of workers'
compensation in respect of any day observed as a holiday shall not be entitled
to payment under this clause for time not worked on that day.
18.3 Absence Before or After Holiday - An
employee who is not required to work on any holiday shall not be entitled to
payment under 18.2 if the employee is absent from work on the actual working
day immediately before or after the holiday, unless the employer consented to
such absence or the employee is absent through circumstances beyond the
employee’s control: Provided that where
payment for more than one holiday not worked could be involved through such
absence, the employee shall be disentitled
to payment only for one holiday, unless the employee is absent
on the actual working days both immediately before and immediately after such
holidays.
18.4 Notification
to work on a holiday:
18.4.1 An employee (other than a casual) shall be
notified by the employer at least seven days prior to a holiday that such
employee is required to work on that holiday: Provided that an employee whose
employment commences less than seven days before any holiday shall be notified
of such a requirement upon engagement.
18.4.2 Notification of any requirement to work on a
holiday shall be given to the employee personally or by posting a notice to all
employees concerned in a prominent position in the employer's establishment or
the relevant section or sections thereof.
18.5 Failure to Work on a Holiday After
Agreement or Requirement - An employee who fails to attend for duty on a
holiday after being required or agreeing to work thereon in accordance with
18.4 shall not be entitled to payment under18.2 for a holiday not worked,
except where the employee’s absence is due to circumstances beyond the
employee’s control, proof of which may be required by the employer: Provided
that, where in cases of absence mentioned above, payment for more than one
holiday not worked may be involved, the
employee shall be disentitled to payment only for one holiday, unless the
employee is absent on the actual working days both immediately preceding and
succeeding the holidays.
18.6 Payment for Holidays - Special Circumstances - An employee, other
than a casual, whose employment is terminated (other than by instant dismissal
in accordance with clause 5, Contracts of Employment - of this award) less than seven days before any holiday, and who
is re-engaged less than 14 days after the holiday, shall be paid on
re-engagement one additional day's pay at the rate specified in18.2 if the
holiday was observed on what otherwise would have been an ordinary working
day. In the case of such a termination
before Good Friday or Christmas Day and re-engagement less than 14 days after
the following Easter Monday or New Year's Day, as the case may be, the employee
shall be paid one day's pay at the rate specified in respect of each of the
intervening holidays other than Easter Saturday.
18.7 Definition of Christmas Day - For the
purpose of payment prescribed by this clause for work on Christmas Day and in a
year where Christmas Day falls on a Saturday or a Sunday and the legislation of
the State or the Government of the State in which the employee is employed
proclaims or declares another day in substitution for Christmas Day or a
holiday additional to Christmas Day, the rate of treble time shall be paid for
work done on 25 December in any such year and for work upon the said
substituted day or additional holiday, as the case may be, shall be paid at the
rate of double time and one-half.
19. SUNDAYS AND HOLIDAY
RATES
19.1 Day Workers Other than Pieceworkers - All
work by day workers (other than piecework) performed on Christmas Day and Good
Friday shall be paid for at the rate of treble time, on other holidays at the
rate of double time and one-half, and on Sundays at the rate of double time.
The minimum payment shall be as for four hours' work at treble time, double time
and one-half or double time, as the case may be. Such treble time, double time and one-half or double time shall
continue until the completion of the work commenced on the Sunday or holiday.
19.2 Day Workers - Piecework - All piecework
performed by day workers on Christmas Day and Good Friday shall be paid for at
treble rates, on other holidays at the rate of double and one half rates, and
on Sundays at double rates, such treble or double and one half rates or double
rates to continue until the completion of the work commenced on the Sunday or
the holiday.
The minimum payments to
pieceworkers on day work on Sundays and holidays shall be as for four hours'
work at double time, double time and one half or treble time rates, as the case
may be.
19.3 Shift Workers - Subject to 19.4 and 19.5,
shift workers for all time worked on a Sunday or holiday shall be paid in
accordance with 19.1 or 19.2 of this clause (as appropriate) plus 15 or 30 per
cent of ordinary time, or ordinary piece rates (as appropriate) according to
their shift.
19.4 Definitions - Where shifts fall partly on
a holiday, that shift the major portion of which falls on the holiday shall be
regarded as the holiday shift and be payable at the appropriate rates under
19.1 or 19.2: Provided that, by agreement between the employer and the union,
the shift which commenced during the holiday may be observed as the holiday
shift, in which case holiday rates shall not be payable for any part of the
preceding shift worked during such holiday.
19.5 Work Performed Between 11 p.m. and
Midnight Sundays - Where shifts
commence between 11 p.m. and midnight on a Sunday, the times so worked before
midnight shall not entitle the employee to the Sunday rate of pay, but to the
rate payable for the following day.
19.6 Reporting for Duty and Not Required to
Work - In the case of an employee (including a pieceworker) working on a Sunday
or holiday or being notified to work on a Sunday or holiday, and on reporting
for duty is advised that their services are not required, the employee shall be
paid -
19.6.1 in the case of a Sunday, as for a minimum of
two and a half hours' work at the rate of double time if a day worker, and at
double time plus 15 per cent or 30 per cent of ordinary time (as appropriate)
if a shift worker;
19.6.2 in the case of Christmas Day and Good Friday,
as for a minimum of two and a half hours' work at the rate of treble time for a
day worker and at treble time plus 15 per cent of ordinary time (as
appropriate) if a shift worker;
19.6.3 in the case of any other holiday prescribed
by18.1, as for a minimum of two and a half hours' work at double time and
one-half if a day worker, or double time and a half plus 15 per cent or 30 per
cent of ordinary time (as appropriate) if a shift worker.
20. ANNUAL LEAVE
20.1 Period of Leave - Except as hereinafter provided, a period of 28 consecutive
days' leave with payment of ordinary wages as prescribed shall be allowed
annually to an employee (other than a casual employee) by their employer after
a period of twelve months' continuous service (less the period of annual leave)
with such employer.
20.2 Leave
exclusive of Public Holidays -
20.2.1 If any holiday mentioned in clause 18,
Holidays, of this award, falls within an employee's period of annual leave and
is observed on a day which in the case of that employee would have been an
ordinary working day, there shall be added to that period one working day for
each such holiday observed as aforesaid.
20.2.2 Subject to anything hereinbefore contained an
employee shall not be entitled to payment for any holiday which falls within
the employee’s period of annual leave and is observed on a day which in the
case of such employee would otherwise have been an ordinary working day if,
except for reasonable cause (proof whereof shall be upon the employee) the
employee fails to resume work at their ordinary starting time on the working
day immediately following the period comprising their period of leave (extended
by any such intervening holiday or holidays) and to remain at work thereafter
for the number of days equivalent to the number of such holidays.
20.3 Time of Leave Taking - Annual leave shall
be given at a time fixed by the employer within a period not exceeding six
months from the date when the right to annual leave accrued and after not less
than one month's notice to the employee:
Provided that a shorter period of
notice may be given by mutual agreement between the employer and the employee
and with the concurrence of the branch secretary of the union:
Provided further that the said
period of six months may be extended by a further period not exceeding six
months by mutual agreement in writing between the employer and the employee and
with the concurrence of the branch secretary of the union.
20.4 Leave to be Taken - The annual leave provided for by this
clause shall be allowed and shall be taken, and except as provided in 20.6 and
20.7 of payment shall not be made or accepted in lieu of annual leave.
20.5 Payment for Period of Annual Leave - Each employee before going on leave shall
be paid the wages the employee would have received in respect of the ordinary
time the employee would have worked had the employee not been on leave during
the relevant period.
Subject to 20.6 each employee
shall, where applicable, have the amount of wages to be received for annual
leave calculated by including the following where applicable:
20.5.1 Timeworkers (other than Pieceworkers) -
(a) The rate applicable to the employee as prescribed
by clauses 3, Wages and Classifications; 8, Junior Employees; 14, First-Aid
Attendant; and
(b) Subject to 20.6.2 the rate prescribed for
work in ordinary time by clause 11, Shift Work, of the award, according to the
employee’s roster or projected roster;
(c) The rate payable pursuant to clause 10,
Hours of Work, of this award, calculated on a daily basis which the employee
would have received for ordinary time during the relevant period whether on a
shift roster or otherwise.
(d) Any other rate to which the employee is
entitled in accordance with their contract of employment for ordinary hours of
work: provided that this provision shall not operate so as to include any
payment which is of a similar nature to or is paid for the same reasons as or
is paid in lieu of those payments prescribed by clause 7, Special Rates; clause
12, Overtime; and 28.2 of this award, nor any payment which might have become
payable to the employee as reimbursement for expenses incurred.
20.6 Loading on Annual Leave - During a period
of annual leave an employee shall receive a loading calculated on the rate of
wage prescribed by 20.5.1.
The
loading shall be as follows:
20.6.1 Day Workers - an employee who would have
worked on day work only had the employee not been on leave - a loading of 17.5
per cent.
20.6.2 Shift Workers - an employee who would have
worked on shift work had the employee not been on leave - a loading of 17.5
percent.
Provided that where the employee
would have received shift loadings prescribed by clause 11, Shift Work, had the
employee not been on leave during the relevant period and such loadings would
have entitled him to a greater amount than the loading of 17.5 per cent, then
the shift loadings shall be added to the rate of wage prescribed by 20.5.1 in
lieu of the 17.5 per cent loading:
Provided further, that if the
shift loadings would have entitled the employee to a lesser amount than the
loading of 17.5 per cent then such loading of 17.5 per cent shall be added to
the rate of wage prescribed by 20.5.1 in lieu of the shift loadings.
The loading prescribed by this
subclause shall not apply to proportionate leave on termination except when the
employment of a seasonal employee is terminated by the employer for reasons
other than misconduct.
20.7 Leave Allowed
Before Due Date -
20.7.1 An employer may allow an employee to take
annual leave either wholly or partly in advance before the right thereto has
accrued due. In such case a further period
of annual leave shall not commence to accrue until after the expiration of the
twelve months in respect of which the annual leave or part thereof had been
taken before it accrued.
20.7.2 Where annual leave or part thereof has been
granted pursuant to 20.7.1, before the right thereto has accrued due, and the
employee subsequently leaves or is discharged from the service of the employer
before completing the twelve months continuous service in respect of which the
leave was granted, and the amount paid by the employer to the employee for the
annual leave or part so taken in advance exceeds the amount which the employer
is required to pay to the employee under 20.8, the employer shall not be liable
to make any payment to the employee under 20.8, and shall be entitled to deduct
the amount of excess from any remuneration payable to the employee upon the
termination of employment.
20.8 Proportionate Leave on Termination - If an employee other than a casual
employee, who after one week's continuous service in the employee’s first
qualifying twelve monthly period with an employer, leaves the employment of the
employer or the employee’s employment is terminated by the employer the
employee shall be paid at the appropriate rate of wage prescribed by 20.5 for 3.08
hours for each five ordinary working days worked and in respect of which leave
has not been granted under this clause.
20.9 Calculation
of Continuous Service -
20.9.1 Service shall be deemed to be continuous subject to:
(a) Any interruption or determination of the
employment by the employer if such interruption or determination has been made
with the intention of avoiding obligations hereunder in respect of annual
leave;
(b) Any absence from work on account of
personal illness or injury, or on account of leave granted by the employer;
(c) Any other absence from ordinary hours of
employment due to reasonable cause (proof whereof shall be on the employer);
(d) Any break in employment with one employer
during the season (as defined): provided that only the aggregate of actual
service given within the season shall be taken into account for the purpose of
the payment prescribed in 20.6.
Provided that in cases of
personal illness or injury or absence with reasonable cause the employee to be
entitled to the benefit of this subclause shall, if practicable, inform the
employer in writing within twenty-four hours after the commencement of such
absence of the employee’s inability to attend for duty and as far as
practicable the nature of the illness, injury or cause and the estimated
duration of the employee’s absence.
20.9.2 Any absence from work by reason of any cause
not being a cause specified in this subclause shall not be deemed to break the
continuity of service for the purposes of this clause unless the employer
during the absence or within fourteen days of the termination of the absence
notifies the employee in writing that such absence will be regarded as having
broken the continuity of service.
20.9.3 In cases of individual absenteeism, such notice
shall be given in writing to the employee concerned, but in cases of concerted
or collective absenteeism notice may be given to employees by the posting up of
a notification in the plant, in the manner in which general notifications to
employees are usually made in that plant and by posting to the union a copy of
such notice not later than the day it is posted up in the plant.
20.9.4 A notice to an individual employee may be
given by delivering it to the employee personally or by posting it to the employee’s
last recorded address, in which case it shall be deemed to have reached the
employee in due course by post.
20.9.5 In calculating the period of twelve months'
continuous service, absences not exceeding twenty-five working days shall be
counted as time worked if such absences arise from anyone of the following:
(a) personal illness or injury certified by
a medical practitioner as requiring absence from work;
(b) bereavement leave in accordance with clause 24, Bereavement
Leave, of this award.
Other absences from work shall not
be taken into account.
20.10 Service Before Date of Award - Service
before the date of this award shall be taken into consideration for the purpose
of calculating annual leave, but an employee shall not be entitled to leave or
payment in lieu thereof for any period in respect of which leave or payment in
lieu thereof has been allowed.
20.11 Calculation of Month - For the purpose of this clause a month
shall be reckoned as commencing with the beginning of the first day of the
employment or period of employment in question and as ending at the beginning
of the date which in the latest month in question has the same date number as
that which the commencing day had in its month, and if there be no such day in
such subsequent month.
20.12 Employer - Successorship of Business, etc. -
Where the employer is a successor or assignee or transmittee of a business, if
an employee was in the employment of the employer's predecessor at the time
when the employee became such successor or assignee or transmittee, the
employee, in respect of the period during which the employee was in the service
of the predecessor, shall for the purpose of this clause be deemed to have been
in the service of the employer.
20.13 Annual Close Down - Where an employer closes
down their plant, or a section or sections thereof, for the purposes of
allowing annual leave to all or the bulk of the employees in the plant, or
section or sections concerned, the following provisions shall apply:
20.13.1 The employee may by giving not less
than four weeks' notice of the intention so to do stand off for the duration of
the close- down all employees in the plant or section or sections concerned and
allow to those who are not then qualified for a full entitlement to annual
leave for twelve months' continuous service pursuant to 20.1 paid leave on a
proportionate basis at the appropriate rate of wage as prescribed by 20.5 and
20.6 for 3.08 hours for each five ordinary working days worked.
20.13.2 An employee who has then qualified
for a full entitlement to annual leave for twelve months' continuous service
pursuant to 20.1, and has also completed a further week or more of continuous
service shall be allowed the employee’s leave, and shall subject to 20.10
hereof also be paid at the appropriate rate of wage as prescribed by 20.5 and
20.6 for 3.08 hours for each five ordinary working days worked since the close
of their last twelve-monthly qualifying period.
20.13.3 The next twelve-monthly qualifying
period for each employee affected by such close-down shall commence from the
day on which the plant, or section or sections concerned is re- opened for
work. Provided that all time during
which an employee is stood off without pay for the purposes of this subclause
shall be deemed to be time of service in the next twelve-monthly qualifying
period.
20.13.4 If in the first year of the
employee’s service with an employer an employee is allowed proportionate annual
leave under 20.13.1 and subsequently within such year leaves the employee’s
employment or their employment is terminated by the employer through no fault
of the employee, the employee shall be entitled to the benefit of 20.8 subject to adjustment for any proportionate leave which the employee may have been allowed as aforesaid.
20.13.5 An employer may close down their
plant for one or two separate periods for the purpose of granting annual leave
in accordance with this subclause. If
the employer closes down the plant in two separate periods one of those periods
shall be for a period of at least 21 consecutive days. Provided that where the majority of the
employees in the plant or section or sections concerned agree the employer may
close down the plant in accordance with this subclause in two separate periods
neither of which is of a least 21 consecutive days, or in three separate
periods. In such cases the employer
shall advise the employees concerned of the proposed dates of each close-down
before asking them for their agreement.
20.14 Part Close-Down
and Part Rostered Leave -
20.14.1 An employer may close down the
plant or a section or sections thereof for a period of at least twenty-one
consecutive days and grant the balance of the annual leave due to an employee
in one continuous period in accordance with a roster.
20.14.2 An employer may close down the
plant, or a section or sections thereof, for a period of less than twenty-one
consecutive days and allow the balance of the annual leave due to an employee
in one or two continuous periods either of which may be in accordance with a
roster. In such a case the granting and
taking of annual leave shall be subject to the agreement of the employer and
the majority of employees in the plant, or a section or sections thereof
respectively and before asking the employees concerned for their agreement the
employer shall advise them of the proposed date of the close- down and the
details of the annual leave roster.
20.15 Notification to Union - If a vote by
employees is required pursuant to 20.13 and 20.14, the employer shall notify
the office of the union not less than twenty-four hours before such vote is to
be taken.
20.16 Broken Leave - The annual leave shall be
given and taken in one or two continuous periods. If the annual leave is given in two continuous periods then one
of those two periods must be of at least 21 consecutive days. Provided that if the employer and an
employee so agree then the employee’s annual leave entitlement may be given and
taken in two separate periods neither of which is at least 21 consecutive days,
or in three separate periods.
Provided further that an employee
may, with the consent of the employee’s employer, take short-term annual leave,
not exceeding four days in the calendar year, at a time or times separate from
any of the periods determined in accordance with this subclause.
21. SICK LEAVE
21.1 Except as otherwise provided, an employee
(other than a casual) who is absent from work during ordinary hours on account
of personal illness, injury, elective surgery, or dental work other than
routine dental maintenance, shall in the case of a day worker, be entitled to
leave of absence at the ordinary time rate of pay of the appropriate
classification and in the case of a shift worker at the ordinary time rate of pay
of the appropriate classification plus the employee’s relevant shift allowance,
of 40 hours of paid sick leave during the employee’s first year of employment
with the employer and to 64 hours of paid sick leave during each subsequent
year of continuous employment, subject to the following conditions and
limitations:
21.1.1 The employee shall not be entitled to such
leave unless the employee has been continuously in the service of the employer
concerned for at least one month immediately before any such absence.
21.1.2 The employee shall not be entitled to such
leave for any period in respect of which the employee is entitled to workers'
compensation.
21.1.3 The employee shall, within 24 hours (excluding a Saturday, Sunday or holiday) of
the commencement of such absence unless the employer is satisfied this was not
reasonably practicable, inform the employer of the employee’s inability to
attend for work and, so far as practicable, shall then state the nature of the
illness or injury and the estimated duration of the absence.
NOTE: In order to assist in the planning of work for the following day
an employee who is absent should arrange to notify the employer of the
employee’s absence as soon as possible after the commencement of the absence.
21.1.4 An employee absent on paid sick leave for a
period not exceeding three consecutive days shall, if required by their
employer, produce evidence of their illness by a statutory declaration. An employer shall not be required to pay
sick leave for any absence exceeding three consecutive days unless the employee
produces a certificate signed by a duly qualified medical or dental
practitioner, whichever is appropriate, certifying that the employee is, in the
opinion of that practitioner, unable to attend for work due to personal illness
or injury, elective surgery or dental work other than routine dental
maintenance.
To become entitled to paid sick
leave, such certificate shall indicate that the illness or injury is consistent
with the duration of the absence.
21.1.5 In the case of an employee who has had more
than one period of employment with the one employer in any period of twelve
months, the sick leave year for the second or subsequent period of employment
shall commence on the previous July 1 and the employer may deduct from the sick
leave credit of 40 hours any sick leave paid to the employee since that date by
the employee or another respondent to this award.
21.1.6 Sick leave shall accumulate from year to year
of continuous employment with one employer so that any balance of the period or
payment specified in 21.1.5 which has in any year not been allowed to an
employee by the employer as paid sick leave may be claimed by the employee and,
subject to the conditions hereinbefore prescribed, shall be allowed by that
employer in a subsequent year without diminution of, and before drawing upon,
the sick leave prescribed in respect of that year:
Provided that sick leave which
accumulates pursuant to this subclause shall be available to the employee for a
period of seven years, but no longer, from the end of the year in which it
accrues.
21.2 For the purpose of administering 21.1.5,
an employer may, within two weeks of the employee entering their employment,
require an employee to make a sworn declaration or other written statement as
to what paid sick leave the employee has had from another respondent employer
since the previous July 1 and upon such statement the employer shall be
entitled to rely and act.
21.3 A pieceworker shall be paid sick leave
under this clause at the time work rate appropriate to the work and shift at
which the employee would, except for the illness or injury causing absence,
have been employed.
22. PERSONAL/CARER'S LEAVE
22.1 Use of Sick
Leave
22.1.1 An employee, other than a casual employee,
with responsibilities in relation to a class of person set out in 22.1.3(b) 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 clause 21, Sick Leave, 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.
22.1.2 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.
22.1.3 The entitlement to use sick leave in accordance with this
subclause is subject to:
(a) the employee being responsible for the care of the
person concerned; and
(b) the person concerned being:
(i) a spouse of the employee; or
(ii) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person 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
(iii) a child or an adult child (including an
adopted child, a step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(iv) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(v) a relative of the employee who is a
member of the same household, where for the purposes of this subparagraph:
(1) "relative" means a person related by blood,
marriage or affinity;
(2) "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
(3) "household" means a family group living in the same
domestic dwelling.
22.1.4 An employee shall, wherever practicable, give
the employer notice prior to the absence of the intention to take leave, the name
of the person requiring care and that person's relationship to the
employee, the reasons for taking such leave
and the estimated length of absence.
If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
22.2 Unpaid Leave
for Family Purpose
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 22.1.3(b) who is ill.
22.3 Annual Leave
22.3.1 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.
22.3.2 Access to annual leave, as prescribed in
22.3.1, shall be exclusive of any shutdown period provided for elsewhere under
this award.
22.3.3 An employee and employer may agree to defer
payment of the annual leave loading in respect of single day absences, until at
least five consecutive annual leave days are taken.
22.4 Time Off in
Lieu of Payment for Overtime
22.4.1 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.
22.4.2 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.
22.4.3 If, having elected to take time as leave in
accordance with 22.4.1, the leave is not taken for whatever reason payment for
time accrued at overtime rates shall be made at the expiry of the 12 month
period or on termination.
22.4.4 Where no election is made in accordance with
22.4.1, the employee shall be paid overtime rates in accordance with the award.
22.5 Make-up Time
22.5.1 An employee may elect, with the consent of
the employer, to work "make-up time", under which the employee takes
time off ordinary hours, and works those hours at a later time, during the
spread of ordinary hours provided in the award, at the ordinary rate of pay.
22.5.2 An employee on shift work may elect, with the
consent of the employer, to work "make-up time" (under which the
employee takes time off ordinary hours and works those hours at a later time),
at the shift work rate which would have been applicable to the hours taken off.
23. PARENTAL LEAVE
Refer to Industrial
Relations Act 1996
24. BEREAVEMENT LEAVE
24.1 An employee, other than a casual employee,
shall be entitled to three days bereavement leave without deduction of pay, up
to and including the day after the funeral, on each occasion of the death of a
person as prescribed in 24.3.
Provided that, if the employee
claims payment for such leave in excess of two ordinary days, the employee
shall furnish, if required, proof satisfactory to the employer that the
employee attended the funeral.
24.2 The employee must notify the employer as
soon as practicable of the intention to take bereavement leave and will, if
required by the employer, provide to the satisfaction of the employer proof of
death.
24.3 Bereavement leave shall be available to
the employee in respect to the death of a person prescribed for the purposes of
personal/carer's leave as set out in 22.1.3 (b) of clause 22 Personal/Carer s
Leave, provided that, for the purpose of bereavement leave, the employee need
not have been responsible for the care of the person concerned.
24.4 An employee shall not be entitled to
bereavement leave under this clause during any period in respect of which the
employee has been granted other leave.
24.5 Bereavement leave may be taken in
conjunction with other leave available under 22.2, 22.3, 22.4 and 22.5. In determining such a request, the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
25. IMPLEMENTS, MATERIALS,
PROTECTIVE CLOTHING AND UNIFORMS
25.1 Implements - Materials - The employer shall provide all brushes,
spoons, knives and all necessary implements and all materials requisite for the
work of employees.
25.2 Gloves
- The employer shall provide gloves to employees as may reasonably be required
for the performance of their work.
25.3 Washable Outer Garments - State Laws - Where an employee is required to the work
in which the employee is engaged to wear a washable outer garment, such garment
shall be provided and kept laundered by the employer.
25.4 Caps, Uniforms, etc. - Where the employer requires, or the
provisions of any State law require, an employee to wear a cap, overalls or
uniform of any description, such items shall be supplied by the employer and be
kept laundered by the employer.
Provided, however, that where the
employer cannot reasonably be expected to arrange for an industrial or other
laundry service, nothing in this subclause shall prohibit that employer from
reaching agreement in writing with the union for the laundering of overalls or
uniforms by the employees concerned:
Provided further that an
individual employee may, through the union, make an agreement in writing with
the employer to launder the employee's own overalls or uniform.
Caps are not part of the overalls
or uniforms.
Any cap required to be worn by
employees shall be of a net type or otherwise to allow suitable head
ventilation.
25.5 Protective Clothing - Dirty Work - Where reasonably required for any dirty
work, washable aprons or other suitable protective clothing shall be provided
for employees. This subclause shall
operate to the extent that 25.3 and 25.4 do not otherwise apply to protective
clothing items.
(NOTE: See also 7.2 of clause 7,
Special Rates, as to wet work.)
25.6 Return of Implements and Clothing - All items provided by the employer under
the foregoing provisions of this clause shall be supplied without cost to the
employee, provided that any used items requiring replacement shall be returned
to the employer before any replacement without charge is made. Any item issued shall, if not returned on
request by the employer, be paid for at a reasonable rate by the employee
concerned.
25.7 Barrier Cream, etc. -
Barrier cream or other protective ointment shall be available without charge
for employees engaged in handling fruits, vegetables, pastes, gums, lacquer and
like preparations.
25.8 Cool Stores -
25.8.1 Employees required to work in cool stores or
chambers in temperatures below 7 degrees Celsius, shall be provided with suitable
headgear and protective clothing, including protective footwear:
Provided that all protective
footwear issued in accordance with this provision shall be properly sterilised
before such issue if such footwear has been previously worn by another person.
25.8.2 Employees required to work in temperatures of minus 18 degrees
Celsius or below shall be issued with an overall blanket-type suit, either
one-piece or two-piece, a balaclava or similar-type helmet and suitable gloves
in addition to other necessary outer clothing and freezer boots.
25.8.3 Where employees such as fork-lift drivers are
required to enter cool stores or freezing chambers only for short periods, the
protective clothing to be supplied by the employer shall be such as may be
mutually agreed upon.
25.8.4 Items supplied under this subclause shall remain the property of
the employer.
(NOTE: See 7.6 as to special rates for working in cold
temperatures.)
25.9 Request to Wear Protective Clothing - Where an employee is required to wear
protective clothing supplied by their employer for -
25.9.1 safety reasons; or
25.9.2 in the interests of hygiene; or
25.9.3 in accordance with Federal law or the law of the State in which
the employee works,
the employee
shall wear such clothing.
25.10 Safety Footwear - When the employer requires
an employee to wear safety boots or safety shoes, the employer shall supply
them free of charge to the employee: Provided that the employee shall wear such
safety boots or safety shoes in accordance with the requirements of the
employer, and such safety boots or safety shoes shall remain the property of
the employer.
26. DAMAGE TO CLOTHING
Where satisfactory evidence is produced by an employee to
the employer, reasonable compensation shall be made by the employer where, as a
result of the employment, an employee's clothing is damaged or destroyed:
Provided that where such damage or destruction occurs and an employee was not
wearing protective clothing in accordance with the requirements of 25.9 then no
compensation shall be payable.
27. FLOOR COVERING
See Factories, Shops
and Industries Act 1962 as amended and any successor legislation.
28. TRANSPORT OF EMPLOYEES
(11 P.M. TO 7 A.M.)
28.1 Where an employee finishes work, whether overtime
or ordinary time, at any time between 11 p.m. and 7 a.m. the following day, the
employer shall transport the employee from the factory to the employee's place
of residence at no cost to the employee, where reasonable public transport is
not available.
For the purposes of this paragraph
reasonable public transport means bus or train available within 500 metres from
the main gate of the factory, and such transport shall depart not more than 30
minutes after the cessation of work; provided that the employee does not have
to walk more than 1 kilometre from the main gate of the factory to the
employees residence; provided further that the transport specifically arranged
by the employer in the terms as specified in this clause shall be free.
This subclause shall not apply to
an employee residing within a walking distance of 1 kilometre from their place
of employment nor to any employee to whom private transport is reasonably
available at time of finishing work.
28.2 An employee sent temporarily, other than
at the employee’s own request, from the employee's usual place of employment to
another shall be paid at ordinary rates of pay for any excess travelling time
incurred beyond that ordinarily incurred in travelling to and from the usual
place of employment.
28.3 An employee required by their employer to
travel from the employee’s usual place of work shall be provided with
transportation by their employer. In
the case of rail travel, such transportation shall be by first class where
available, and in the event of an employee using their own vehicle with the
consent of their employer they shall be paid 11 cents per kilometre travelled.
29. PAYMENT OF WAGES
29.1 Wages shall be paid weekly during working
hours and not later than two working days following the completion of the pay
week; provided, however, that when the Branch Secretary of the union and an
employer agree in writing, such wages may be paid not later than three working
days following the completion of the pay week.
29.2 Waiting Time - An employee kept waiting
for their wages on pay day for more than ten minutes after the usual time for
ceasing work shall be paid overtime after that ten minutes with a minimum
payment as for half an hour. This
subclause shall not apply if wages cannot be paid by the time specified therein
on account of a cause beyond the employer's control, in which case wages shall
be paid at the earliest time at which payment becomes possible.
29.3 Payment on Termination - Upon termination
of employment, all wages due to an employee (including a casual) shall be paid
to the employee on the day of such termination or be forwarded to the employee
by post on the next ordinary working day.
30. AGED, SLOW AND INFIRM
WORKERS
See Industrial
Relations Act 1996
31. LIMITATION OF EMPLOYER'S
LIABILITY
Where an employer bound by this award has made a payment to
an employee bound by this award, which payment purports to be a payment of the
wages payable to the employee for any period, such employer shall not be liable
to pay to the employee any further sums prescribed by this award in respect to
any services rendered to such employer during such period unless within twelve
calendar months after the last day of such period a demand in writing of such
further sum claimed has been given to the employer by the employee or some
person on the employee’s behalf or by
the local representative of the union.
32. NOTICE BOARD AND POSTING
OF AWARD
32.1 The employer shall permit a notice board of
reasonable dimensions to be erected in a prominent position in the
establishment, upon which accredited union representatives shall be permitted
to post formal union notices, signed or countersigned by the representative
posting it. Any notice posted on such
board not so signed or countersigned may be removed by an accredited union
representative or by the employer.
32.2 The Award
shall be posted in an accessible position in the factory.
33. SHOP STEWARDS
An employee appointed shop steward in the shop or department
in which the employee is employed shall, upon notification thereof to their
employer, be recognised as the accredited representative of the union to which
the employee belongs, and shall be allowed the necessary time during working
hours to interview the employer or their representative on matters affecting
employees whom they represent.
34. RIGHT OF ENTRY
See Industrial
Relations Act 1996
35. JURY SERVICE
An employee, other than a casual employee required to attend
for jury service during their ordinary working hours shall be reimbursed by the
employer an amount equal to the difference between the amount paid in respect
of the employee’s attendance for such jury service and the amount of wage the
employee would have received in respect of the ordinary time the employee would
have worked had the employee not been on jury service subject to the following
conditions:
35.1 The employee shall advise the employer as
soon as practicable that the employee has to attend for jury service, and if required
by the employer, produce their notice to attend.
35.2 An employee who has been given more than
seven days' notice to attend for jury service shall give the employer at least
seven days' notice and if the employee fails to give such notice, without
reasonable excuse, the employee shall forfeit the entitlement to payment by the
employer.
35.3 An employee on day shift or day work who
is not required for jury service after 1.00 p.m. on any day shall contact the
employer by telephone to ask whether the employer requires the employee to
report for the balance of the day and, if so required, the employee shall so
report.
35.4 An employee on afternoon shift or night
shift who is discharged or excused from jury service upon the day upon which
the employee is first called or on any subsequent day on which the employee has
been required to take part in court proceedings shall report for work;
(a) in the case of afternoon shift the
employee, if possible at the employee’s normal starting time or as soon thereafter
as possible after being discharged or excused from jury service; and
(b) in the case of a night shift employee, at the employee’s
normal starting time.
Provided that an employee on
afternoon shift or night shift who is on continuing jury service and who has
been required to take part in court proceedings for more than half the day
shall not be required to report for work until the expiration of their jury
service and if the jury service has lasted for more than two days until the
shift next following the completion of their jury service.
35.5 The employee shall give the employer proof
of attendance, the duration of such attendance and the amount received in
respect of such jury service.
36. ACCOMMODATION
Any employee who is required by the employer to remain away
from their usual place of residence or, in the case of a seasonal worker, their
abode for the season shall be provided with reasonable meals and accommodation
which shall, if accommodation is available in the locality include ensuite facilities
if available and the cost of such meals and accommodation shall be borne by the
employer.
37. ACCIDENT PAY
37.1 Definitions - For the purpose of this
clause and subject to the terms of this clause, the words hereunder shall bear
the respective definitions set out herein:
37.1.1 "Accident Pay" -
(a) Total Incapacity - In the case of an
employee who is or is deemed to be totally incapacitated within the meaning of
the Workers' Compensation Act and arising from an injury covered by this
clause, "accident pay" means a weekly payment of an amount
representing the difference between the total amount of compensation paid under
the relevant sections of the Act as the case may be for the week in question
and the total 40-hour weekly award rate and weekly over-award payment for a day
worker which would have been payable under this award, for the employee's
normal classification of work for the
week in question if the employee had
been performing the employee’s normal duties: Provided that such latter
rate shall exclude additional
remuneration by way of attendance bonus payments, shift premiums,
overtime payments, special rates or other similar payments.
(b) Partial Incapacity - In the case of an employee
who is or is deemed to be partially incapacitated within the meaning of the Act
and arising from an injury covered by this clause, "accident pay"
means a weekly payment of an amount representing the difference between the
total amount of compensation paid under the relevant sections of the Act in New
South Wales, for the period in question together with the average weekly amount
the employee is earning or is able to earn in some suitable employment or
business and the total 40-hour weekly award rate and weekly over-award payment
for a day worker which would have been payable under this award,
for the employee's normal classification of work for the week in
question if the employee had been performing their normal duties: Provided
that such latter rate shall exclude
additional remuneration by way
of attendance bonus payments, shift
premiums, overtime payments, special rates or other similar payments.
Provided that where, in
respect of any claim for compensation
brought by an employee in the Workers' Compensation Commission pursuant to the
relevant sections of the Workers' Compensation Act awards to the employee an
amount of weekly compensation or agreement is reached that the employee should
receive a weekly amount of compensation less than the difference referred to in
the relevant sections of the Act, such an award or agreement shall not operate
to increase any liability of the employer to pay any higher amount
of accident pay by reason
of the employee receiving less
than the said difference referred to in the
relevant section of the Workers'
Compensation Act and for the purpose of this calculation the
employee in such
event shall be
deemed to have recovered the full amount of the difference referred to in the relevant
section of the Act.
(c) Production Incentive Earnings Scheme -
For the purposes of the calculation of the total 40-hour weekly award rate and
weekly over-ward payment in 37.1.1(a) and 37.1.1(b) of this clause, payments
made to an employee arising from a production incentive earnings scheme
(whether arising from a payment by results, task or bonus scheme or however
entitled) shall not be taken into account:
Provided that where an employee is not in receipt of any form of weekly
over-award payment, production incentive
bonus payments shall be taken into
account and the form and amount
of such payments shall be determined between the employer and the employees concerned and/or the union.
(d) Payment for Part of a Week - Where
accident pay is payable for part of a week, the amount shall bear the same
ratio to accident pay for a full week that ordinary working time during such
part bears to the worker's full ordinary week.
37.1.2 "Injury" shall be given the same
meaning and application as applying under the Workers' Compensation Act and no
injury shall result in the application of accident pay unless an entitlement
exists under the Act.
37.1.3 "Union" means the Automotive, Food,
Manufacturing, Engineering and Printing Kindred Industries Union, New South
Wales Branch - Confectionery and Food Division.
37.1.4 "Workers' Compensation Act" or "Act" means the
Workers' Compensation Act 1987.
37.2 Qualifications for Payment - Always subject to the terms of this
clause, an employee covered by this award shall, upon receiving payment of
compensation and continuing to receive such payment in respect of a weekly
incapacity within the meaning of the Act, be paid accident pay by the employer
who is liable to pay compensation under the Act, which liability by the
employer for accident pay may be discharged by another person on their behalf:
Provided that:
37.2.1 Accident pay shall only be payable to an
employee whilst such employee remains in the employment of the employer by whom
the employee was employed at the time of the incapacity and then only for such
period as the employee receives a weekly payment under the Act: Provided that
if an employee on partial incapacity cannot obtain employment from their
employer but such alternative employment is available with another employer
then the relevant amount of accident pay shall still be payable and the
employee shall be on leave of absence from their employer.
Provided further that an employer
shall not terminate the employment of an employee who is incapacitated and
receiving accident pay except in those cases where:
(a) the termination is due to serious and/or wilful misconduct on
the part of the employee; or
(b) the termination arises from a declaration
of liquidation of the company in which case the employee's entitlement shall
be considered a debt due and owing by their employer to the employee; or
(c) the period specified
in 37.2.3 has expired.
37.2.2 As to industrial diseases contracted by a
gradual process or injuries subject to recurrence, aggravation or
acceleration (as provided in the
relevant section of the Act) such injuries or diseases shall not be subject to
accident pay unless the employee has been employed by the employer at the time
of the incapacity for a minimum period of one month.
37.2.3 An employee on engagement may be required to
declare all workers' compensation claims made in the previous 5 years and in
the event of false or inaccurate information being deliberately and knowingly
declared the employer may require the employee to forfeit the employee’s
entitlement to accident pay under this clause.
37.2.4 Subject to the provisions of 37.2.1 of this
subclause, an employer may terminate, at the conclusion of the appropriate
season as defined by 2.12 and 2.13.
(a) an employee who, during the 12 months preceding the date of the
incapacity, was not employed (either in
the food preserving industry or in other employment) for more than 26 weeks:
(b) a person
who is, apart from the seasonal employment, a student undergoing a
course of full-time study.
Proof of employment for more than
26 weeks, within the terms of 37.2.4(a) shall lie on the employee.
37.3 Maximum Period of Payment - Accident pay
under this clause shall be payable for a maximum period or aggregate of periods
in no case exceeding a total of 39 weeks in respect of incapacity arising from
any one injury as defined in 37.1.2.
37.4 Absences on other Paid Leave - An employee
shall not be entitled to payment of accident pay in respect of any period of other
paid leave of absence. (NOTE: An
employee receiving workers' compensation is not entitled to be paid ordinary
pay for a public holiday not worked but is entitled to workers' compensation
for that day).
37.5 Notice of Injury - An employee upon
receiving injury for which they claim to be entitled to receive accident pay
shall give notice in writing of the injury to their employer as soon as
reasonably practicable after the occurrence of the injury: Provided that such
notice may be given by a representative of the employee.
37.6 Medical Examination - In order to receive
entitlements to accident pay an employee shall conform to the requirements of
the Act as to medical examination.
Where in accordance with the Act a
medical referee gives a certificate as to the condition of the employee and
their fitness for work or specifies work for which the employee is fit and such
work is made available by the employer and refused by the employee, or the
employee fails to commence or continue the work, accident pay shall cease from
the date of such refusal or failure.
37.7 Redemption of Weekly Payments - Where
there is redemption of weekly compensation payments under the Act, the
employer's liability to pay accident pay shall cease as from the date of such
redemption.
37.8 Civil Damages
Claim -
37.8.1 An employee receiving or who has received
accident pay shall advise the employer of any action they may institute or any
claim they may make for damages.
Further, the employee shall, if requested, provide an authority to the
employer entitling the employer to a charge upon any money payable pursuant to
any verdict or settlement on that injury.
37.8.2 Where an employee obtains a verdict for
damages in respect of an injury for which the employee has received accident
pay the employer's liability to pay accident pay shall cease from the date of
such verdict: provided that if the verdict for damages is not reduced either in
whole or part by the amount of accident pay made by the employer the employee
shall pay to their employer any amount of accident pay already received in
respect of that injury by which the verdict has not been so reduced.
37.8.3 Where an employee obtains a verdict for
damages against a person other than the employer in respect of an injury for
which the employee has received accident pay the employer's liability to pay
accident pay shall cease from the date of such verdict: provided that if the
verdict for damages is not reduced either in whole or part by the amount of
accident pay made by the employer the employee shall pay to their employer any
amount of accident pay already received in respect of that injury by which the
verdict has not been so reduced.
37.9 Insurance against Liability - Nothing in this clause shall require an
employer to insure against their liability for accident pay.
37.10 Variations in Compensation Rates - Any
change in compensation rates under the Act shall not increase the amount of
accident pay above the amount that would have been payable had the rates of
compensation remained unchanged.
37.11 Death of
Employee - All rights to accident pay
shall cease on the death of an employee.
37.12 In the event of any dispute arising as to
the entitlement of an employee to accident pay in accordance with the
provisions of this clause, the matter shall, if any party to this clause so
requires, be referred to the Industrial Relations Commission of New South
Wales.
37.13 Casual Employees - The obligation of an employer to apply the provisions of this
clause to an employee engaged as a casual employee in accordance with 37.7
shall be discharged by the payment to the employee of 2 cents per hour in
addition to all other payments to which the employee is entitled under the
award. Such additional 2 cents per hour shall be payable as a flat rate for all
hours worked.
38. PRESERVATION OF EXISTING
RIGHTS
No employee shall suffer any reduction in rate of pay or any
reduction or withdrawal of existing conditions of employment relating to matters
dealt with in this award as the result of the making of this award.
39. AVOIDANCE OF INDUSTRIAL
DISPUTES
39.1 A procedure
for the avoidance of industrial disputes shall apply in establishments covered
by this award.
The objectives of the procedure
shall be to promote the resolution of disputes by measures based on
confrontation, co-operation and discussions; to reduce the level of industrial
confrontation; and to avoid interruption to the performance of work and the
consequential loss of production and wages.
It is acknowledged that in some
companies or sectors of the industry, disputes avoidance/settlement procedures
are either now in place or in the process of being negotiated and it may be the
desire of the immediate parties concerned to pursue those mutually agreed
procedures. In other cases, the
following principles shall apply:
39.1.1 Depending on the issues involved, the size
and function of the plant or enterprise and the union membership of the
employees concerned, a procedure involving up to four stages of discussion
shall apply. These are:
(a) discussions between the employee(s)
concerned and at their request that appropriate union shop steward/delegates, and the immediate
supervisors;
(b) discussions involving
the employee(s), the shop steward/s and more senior management;
(c) discussions involving representatives
from the State Branch of the union(s) concerned and the employer organisation
branch representatives;
(d) there shall be an
opportunity for any party to raise the issue to a higher stage.
39.1.2 There shall be a commitment by the parties to
achieve adherence to this procedure.
This should be facilitated by the earliest possible advice by one party
to the other of any issue or problem which may give rise to a grievance or
dispute.
39.1.3 Throughout all stages of the procedure all relevant facts shall be
clearly identified and recorded.
39.1.4 Sensible time limits shall be allowed for the
completion of the various stages of all discussions. At least seven days should be allowed for all stages of the
discussions to be finalised.
39.1.5 Emphasis shall be placed on a negotiated
settlement. However, if the negotiation
process is exhausted without the dispute being resolved, the parties shall jointly
or individually refer the matter to the Industrial Relations Commission of New
South Wales for determination, and such decision subject to the parties' right
of appeal shall be accepted.
39.1.6 In order to allow for the peaceful resolution
of grievances the parties shall be committed to avoid stoppages of work,
lockouts or any other bans or limitations on the performance of work while the
procedures of negotiations and conciliation are being followed.
39.1.7 The employer shall ensure that all practices
applied during the operation of the procedure are in accordance with safe
working practices and consistent with established custom and practice at the
workplace.
39.2 39.2.1 An
employer may direct an employee to carry out such duties as are within the limits
of the employee's skill, competence and training consistent with the
classification structure of this award provided that such duties are not
designed to promote deskilling.
39.2.2 An employer may direct an employee to carry
out such duties and use such tools and equipment as may be required provided
that the employee has been properly trained in the use of such tools and
equipment.
39.2.3 Any direction issued by an employer pursuant
to 39.1 and this subclause shall be consistent with the employer's
responsibilities to provide a safe and healthy working environment.
40. SUPPORTED WAGE
40.1 This clause defines the conditions, which
will apply to employees who, because of the effects of a disability, are
eligible for a supported wage under the terms of this award. In the context of
this clause, the following definitions will apply:
40.1.1 "Supported Wage System" means the
Commonwealth Government system to promote employment for people who cannot work
at full award wages because of a disability, as documented in Supported Wage
System Guidelines and Assessment Process.
40.1.2 "Accredited Assessor" means a
person accredited by the management unit established by the Commonwealth under
the Supported Wage System to perform assessments of an individual's productive
capacity within the Supported Wage System.
40.1.3 "Disability Support Pension" means
the Commonwealth pension scheme to provide income security for persons with a
disability as provided for under the Social Security Act 1991 or any successor to
that scheme.
40.1.4 "Assessment Instrument" means the
form provided under the Supported Wage System that records the assessment of
the productive capacity of the person to be employed under the Supported Wage
System.
40.2 Eligibility Criteria - Employees covered
by this clause will be those who are unable to perform the range of duties to
the competence level required within the class of work for which the employee
is engaged under this award, because of the effects of a disability on their
productive capacity and who meet the impairment criteria test for a Disability
Support Pension. This clause does not apply to any existing employee who has a
claim against the employer which is subject to the provisions of workers' compensation
legislation or any provision of this award relating to the rehabilitation of
employees who are injured in the course of their employment. This clause also
does not apply to employers in respect of their facility programme,
undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils
the dual role of service provider and sheltered employer to people with
disabilities who are in receipt of, or are eligible for, a Disability Support
Pension, except with respect to an organisation which has received recognition
under section 10 or section 12A of the Act or, if a part only has received
recognition, that part.
40.3 Supported Wage Rates - Employees to whom
this clause applies shall be paid the applicable percentage of the minimum rate
of pay prescribed by this award for the class of work which the person is
performing, according to the following schedule:
Assessed Capacity - 40.4
|
Percentage of prescribed award rate
|
10%
|
10
|
20%
|
20
|
30%
|
30
|
40%
|
40
|
50%
|
50
|
60%
|
60
|
70%
|
70
|
80%
|
80
|
90%
|
90
|
(Provided that the minimum amount payable shall be not less
than $45.00 per week.)
*Where a person's assessed capacity is 10 per cent they shall
receive a high degree of assistance and support.
40.4 Assessment of Capacity - For the purpose
of establishing the percentage of the award rate to be paid to an employee
under this award, the productive capacity of the employee will be assessed in accordance
with the Supported Wage System and documented in an assessment instrument, by
either:
40.4.1 the employer and a union party to the award,
in consultation with the employee or, if desired, by any of these;
40.4.2 the employer and an accredited assessor from
a panel agreed by the parties to the award and the employee.
40.5 Lodgement of
Assessment Instrument -
40.5.1 All assessment instruments under the
conditions of this clause, including the appropriate percentage of the award
wage to be paid to the employee, shall be lodged by the employer with the
Registrar of the Industrial Relations Commission of New South Wales.
40.5.2 All assessment instruments shall be agreed
and signed by the parties to the assessment, provided that where a union which
is a party to the award is not a party to the assessment, it shall be referred
by the Registrar to the union by certified mail and shall take effect, unless
an objection is notified to the Registrar within ten working days.
40.6 Review of Assessment - The assessment of
the applicable percentage should be subject to annual review or earlier on the
basis of a reasonable request for such a review. The process of review shall be
in accordance with the procedures for assessing capacity under the Supported
Wage System.
40.7 Other Terms and Conditions of Employment -
Where an assessment has been made, the applicable percentage shall apply to the
wage rate only. Employees covered by the provisions of this clause will be
entitled to the same terms and conditions of employment as all other workers
covered by this award paid on a pro rata basis.
40.8 Workplace Adjustment - An employer wishing
to employ a person under the provisions of this clause shall take reasonable
steps to make changes in the workplace to enhance the employee's capacity to do
the job. Changes may involve re-design of job duties, working time arrangements
and work organisation in consultation with other workers in the area.
40.9 Trial Period
-
40.9.1 In order for an adequate assessment of the
employee's capacity to be made, an employer may employ a person under the
provisions of this clause for a trial period not exceeding 12 weeks except
that, in some cases, additional work adjustment time (not exceeding four weeks)
may be needed.
40.9.2 During the trial period the assessment of
capacity shall be undertaken and the proposed wage rate for a continuing
employment relationship shall be determined.
40.9.3 The minimum amount payable to the employee
during the trial period shall be no less than $45.00 per week.
40.9.4 Work trials should include induction or training as appropriate to
the job being trialed.
40.9.5 Where the employer and employee wish to
establish a continuing employment relationship following the completion of the
trial period, a further contract of employment shall be entered into based on
the outcome of assessment under 40.4.
41. STRUCTURAL EFFICIENCY
41.1 The parties bound by this award are committed
to co-operating positively to increase efficiency, productivity and to enhance
the career opportunities and job security of employees in the industry.
41.2 At each plant or enterprise, the employer,
its employees and the union shall establish a consultative mechanism and
procedures appropriate to the size, structure and needs of that plant or
enterprise.
41.3 Any measure raised through 41.2 above,
designed to increase flexibility at the plant or enterprise and sought by any
party and by agreement of the parties involved shall be implemented subject to
the following requirements:
41.4 Any disputes arising in relation to the
implementation of 41.2 and 41.3 herein shall be subject to the provisions of
the clause 39, Avoidance of Industrial Disputes.
42. REDUNDANCY
42.1 Application
42.1.1 This clause shall apply in respect of
full-time and part-time persons employed in the classifications specified.
42.1.2 In respect to employers who employ 15
employees or more immediately prior to the termination of employment of
employees, in the terms of 42.4, Termination of Employment.
42.1.3 Subject to anything contained elsewhere in
this award, this award shall not apply to employees with less than one year's
continuous service, and the general obligation on employers shall be no more
than to give such employees an indication of the impending redundancy at the
first reasonable opportunity, and to take such steps as may be reasonable to
facilitate the obtaining by the employees of suitable alternative employment.
42.1.4 Subject to anything contained elsewhere in
this award, this award shall not apply where employment is terminated as a
consequence of conduct that justifies instant dismissal, including malingering,
inefficiency or neglect of duty, or in the case of casual employees,
apprentices or employees engaged for a specific period of time or for a
specified task or tasks or where employment is terminated due to the ordinary
and customary turnover of labour.
42.2 Introduction
of Change
42.2.1 Employer's duty to notify
(a) Where an employer has made a definite
decision to introduce major changes in production, program, organisation,
structure or technology that are likely to have significant effects on employees,
the employer shall notify the employees who may be affected by the proposed
changes and the union to which they belong.
(b) "Significant effects" include
termination of employment, major changes in the composition, operation or size
of the employer's workforce or in the skills required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs.
42.2.2 Employer's duty to discuss change
(a) The employer shall discuss with the
employees affected and the union to which they belong, the introduction of the
changes referred to in 42.2.1, the effects the changes are likely to have on
employees and measures to avert or mitigate the adverse effects of such changes
on employees, and shall give prompt consideration to matters raised by the
employees and/or the union in relation to the changes.
(b) The discussion shall commence as early as
possible after a definite decision has been made by the employer to make the
changes referred to in 42.2.1.
(c) For the purpose of such discussion, the
employer shall provide to the employees concerned and the union to which they
belong all relevant information about the changes, including the nature of the
changes proposed, the expected effects of the changes on employees and any
other matters likely to affect employees, provided that any employer shall not
be required to disclose confidential information the disclosure of which would
adversely affect the employer.
42.3 Redundancy
42.3.1 Discussions before terminations
(a) Where an employer has made a definite
decision that the employer no longer wishes the job the employee has been doing
to be done by anyone pursuant to 42.2, and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(b) The discussions shall take place as soon
as is practicable after the employer has made a definite decision which will
invoke the provision of 42.3.1.1 and shall cover, any reason for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(c) For the purposes of the discussion the
employer shall, as soon as practicable, provided to the employees concerned and
the union to which they belong all relevant information about the proposed terminations,
the number and categories of employees likely to be affected, including the
reasons for the proposed terminations, the number and categories of employees
likely to be affected, the number of employees normally employed and the period
over which the terminations are likely to be carried out. Provided that any
employer shall not be required to disclose confidential information the
disclosure of which would adversely affect the employer.
42.4 Termination
of Employment
42.4.1 Notice for changes in production, program,
organisation or structure - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from production,
program, organisation or structure, in accordance with 42.2:
(a) In
order to terminate the employment of an employee, the employer shall give to
the employee the following notice:
Period of continuous Service
|
Period of Notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(b) In addition to the notice above,
employees over 45 years of age at the time of the giving of the notice, with not
less than two years' continuous service, shall be entitled to an additional
week's notice.
(c) Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that
employment may be terminated by part of the period of notice specified and part
payment in lieu thereof.
42.4.2 Notice for technological change - This
subclause sets out the notice provisions to be applied to termination by the
employer for reasons arising from technology in accordance with 42.2:
(a) In order to terminate the employment of
an employee, the employer shall give to the employee three months' notice of
termination.
(b) Payment in lieu of the notice above shall
be made if the appropriate notice period is not given. Provided that employment
may be terminated by part of the period of notice specified and part payment in
lieu thereof.
(c) The period of notice required by this
subclause to be given shall be deemed to be service with the employer for the
purposes of the Long Service Leave Act
1955, the Annual Holidays Act 1944,
or any Act amending or replacing either of these Acts.
42.4.3 Time off during the notice period
(a) During the period of notice of
termination given by the employer, an employee shall be allowed up to one day's
time off without loss of pay during each week of notice, to a maximum of five
weeks, for the purpose of seeking other employment.
(b) If the employee has been allowed paid
leave for more than one day during the notice period for the purpose of seeking
other employment the employee shall, at the request of the employer, be
required to produce proof of attendance at an interview or the employee shall
not receive payment for the time absent.
42.4.4 Employee leaving during the notice period -
If the employment of an employee is terminated (other than for misconduct)
before the notice period expires, the employee shall be entitled to the same
benefits and payments under this clause to which the employee would have been
entitled had the employee remained with the employer until the expiry of such
notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
42.4.5 Statement of employment - The employer shall,
upon receipt of a request from an employee whose employment has been
terminated, provide to the employee a written statement specifying the period
of the employee's employment and the classification of or the type of work
performed by the employee.
42.4.6 Notice to Centrelink - Where a decision has
been made to terminate employees, the employer shall notify Centrelink thereof
as soon as possible giving relevant information, including the number and
categories of the employees likely to be affected and the period over which the
terminations are intended to be carried out.
42.4.7 Centrelink Separation Certificate - The
employer shall, upon receipt of a request from an employee whose employment has
been terminated, provide to the employee an Employment Separation Certificate
in the form required by the Centrelink.
42.4.8 Transfer to lower paid duties - Where an
employee is transferred to lower paid duties for reasons set out in 42.2, the
employee shall be entitled to the same period of notice of transfer as the
employee would have been entitled to if the employee's employment had been
terminated, and the employer may, at the employer's option, make payment in
lieu thereof of an amount equal to the difference between the former
ordinary-time rate of pay and the new ordinary- time rates for the number of
weeks of notice still owing.
42.5 Severance Pay
42.5.1 Where an employee is to be terminated
pursuant to 42.4, Termination of Employment, subject to further order of the
Industrial Relations Commission of New South Wales, the employer shall pay the
employee the following severance pay in respect of a continuous period of
service:
(a) If an employee is under 45 years of age,
the employer shall pay in accordance with the following scale:
Years of service
|
Under 45 years of age entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an employee is 45 years old or
over, the entitlement shall be in accordance with the following scale:
Years of service
|
Under 45 years of age entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) "Weeks' pay" means the
all-purpose rate for the employee concerned at the date of termination and
shall include, in addition to the ordinary rate of pay, overaward payments,
shift penalties and allowances paid in accordance with Table 1 - Wages, of Part
B, Monetary Rates, as varied.
42.5.2 Incapacity to pay - Subject to an application
by the employer and further order of the Industrial Relations Commission of New
South Wales, an employer may pay a lesser amount (or no amount) of severance
pay than that contained in 42.6.1. The Commission shall have regard to such
financial and other resources of the employer concerned as the Commission
thinks relevant, and the probable effect paying the amount of severance pay in
42.5.1 will have on the employer.
42.5.3 Alternative employment - Subject to an
application by the employer and further order of the Commission, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in 42.5.1
if the employer obtains acceptable alternative employment for an employee.
43. SUPERANNUATION
43.1 The subject of superannuation is dealt
with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act,
1992, the Superannuation Industry
(Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 and s.124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied
from time to time, governs the superannuation rights and obligations of the
parties.
43.2 Provided further that any seasonal or
casual employee who has worked at least 152 hours with the employer in each
twelve-month period, shall be paid, in addition to other payments under this
award, a superannuation contribution of 3% of ordinary time earnings into an
approved fund.
43.3 Approved fund
shall mean -
(a) Food Industry Superannuation Trust (FIST), or
(b) Australian Superannuation Savings Employment Trust (ASSET),
or
(c) any existing fund as applies
43.4 Nothing in this clause shall affect any
arrangement for the payment of 3% occupational superannuation (emanating from
the State Wage Case Decision of 1986 and subsequent decisions) into an approved
fund which commenced prior to 28 February 1992.
44. LEAVE RESERVED
Leave is reserved to apply in relation to any variation to
the Food Preservers' Award, 1973, an award of the Australian Conciliation and
Arbitration Commission or any award replacing the said award.
45. ANTI-DISCRIMINATION
45.1 It is the intention of the parties bound
by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
45.2 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 this award, which, by its terms or
operation, has a direct or indirect discriminatory effect.
45.3 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.
45.4 Nothing in
this clause is to be taken to affect:
(a) any conduct or act which is specially 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.
45.5 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."
46. AREA, INCIDENCE AND
DURATION
46.1 This award is made following a review
under section 19 of the Industrial
Relations Act 1996 and rescinds and replaces the Food Preservers (State)
Award published 9 August 1978 and reprinted 24 January 1992 (267 IG 590), the
Food Preservers Redundancy (State) Award published 7 April 1995 (284 IG 1404),
the Food Preservers Family Leave Provisions (State) Award published 15 December
1995 (289 IG 1270) and the Food Preservers (State Wage Case 1996) (State) Award
published 28 February 1997 (296 IG 1111), and all variations thereof.
46.2 Subject to the exceptions, limitations and
further provisions contained in this clause, this award shall apply to the
employment of all persons employed in or in connection with -
(1) the manufacture, preparation or putting
up of fruit and vegetables preparing and/or canning, candied-peel making, fruit
crystallising, fruit mince and fruit or vegetable spreads and fruit-butter
making in factories:
(2) the manufacture, preparation or putting
up and/or canning or bottling of jams, marmalades, jellies, fruits and
vegetables, vinegar, pickles, sauces, soups, chutney and wet condiments in
factories.
(3) fruit juice or vegetable juice
processing and/or concentrating and cordial making, including bottling and/or
canning in factories.
(4) dehydrating, processing and/or packing
of dried fruit infactories, provided that "factories" will be deemed
to exclude fruit-packing houses;
(5) potato processing, not including
preparing, cooking, manufacturing and/or packing of potato chips, crisps,
flakes and like products;
(6) canning and/or preparation of prepared
spaghetti products or puddings, processing of cereal foods and making of
pastry;
(7) preparation and processing of prepared meals in preserved or
frozen form in factories;
(8) washing and/or grading asparagus at canneries;
The foregoing paragraphs of this
subclause shall not be read or construed separately in respect of employment or
work which may be comprised within more than one paragraph thereof.
46.3 This award shall also apply to the employment
of all persons employed at canneries on all work associated with the removal of
pea-vines from vehicles at a pea-viner, feeding into a pea-viner and taking off
peas from a viner.
46.4 This award
shall not apply to -
(1) employment in any factory or plant at a
location where an employer is also bound by the undermentioned award as varied:
Starch Manufacturers &c.
(State) Award
Provided that the operation of
this award shall only be excluded by this provision to the extent to which such
employer, at 27 May 1975, applied to employees concerned the provisions of any
award mentioned above the work covered thereby.
(2) gate persons, watchpersons or caretakers, goods lift
attendance;
(3) clerical work except where such clerical
work is embraced or incidental to the work of any classification in this award
other than general hand;
(4) employment in the driving of vehicles
(other than fork lifts or other power-driven factory vehicles used for
transporting goods or materials principally within a factory or plant). This provision shall apply subject to the
work of a driver of a vehicle so excluded may include the loading, unloading or
maintenance of vehicles;
(5) a qualified tradespersons cooper employed as such;
(6) an employee engaged solely cleaning administrative offices;
(7) employees engaged solely on the canteen staff;
(8) maintenance alterations or repair of
factory or plant buildings, machines and equipment, except that cleaning of
factory or plant buildings and greasing and cleaning of machinery and equipment
shall be covered by this award;
(9) storemen and packers employed at bulk
stores, warehouses or other distributing centres located away from the area of
the premises at which goods are processed or manufactured under this award;
(10) employment in cool stores or freezing
chambers or stores located away from the area of the premises at which goods
are processed or manufactured under this award;
(11) employees working in laboratories
performing tasks of a technical or professional nature that are not expressly
classified in this award. For the
purpose of this provision, general hands shall not be deemed to be expressly
classified;
(12) first-aid or ambulance-room
staff not also engaged in other duties in or about a factory or store.
46.5 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 Award made by the Industrial Relations Commission of the New
South Wales on 18 December 1998 (308 IG 307) take effect on and from 31 July
2001.
46.6 The award published 9 August 1978 and
reprinted 24 January 1992 took effect from the first pay period to commence on
or after 28 April 1978.
46.7 This award remains in force until varied
or rescinded, the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Wages
Adult
Classification
|
Weekly Rate of Pay
|
Group 1
|
$429.90
|
Group 2
|
$425.10
|
Group 3
|
$421.50
|
Group 4
|
$417.80
|
Group 5
|
$413.60
|
Group 6
|
$411.00
|
Forklift with lifting capacity up to and including
|
$429.90
|
4.5 tonnes
|
|
Forklift capacity over 4.5 tonnes
|
$436.20
|
Table 2 - Other Rates and Allowances
Item No
|
Clause No.
|
Brief Description
|
Rate
|
1
|
4.2
|
No of employees -
|
|
|
|
Less than 3 employees
|
$9.80 per week
|
|
|
3 - 10 employees
|
$15.25 per week
|
|
|
11 - 20 employees
|
$23.30 per week
|
|
|
21 or more employees
|
$33.10 per week
|
2
|
7.2
|
Wet places
|
$0.52 per hour extra
|
3
|
7.3
|
Dirty work
|
$0.79 per hour extra ($1.49
|
|
|
|
minimum)
|
4
|
7.4
|
Heavy weights
|
$0.38 extra per hour or part
|
|
|
|
thereof
|
5
|
7.5
|
Carton Stacking
|
$0.31 extra per hour or part
|
|
|
|
thereof
|
6
|
7.6.1
|
Cold temperatures (between minus 1 and 7
|
$0.52 per hour
|
|
|
Celsius)
|
|
7
|
7.6.2
|
Cold temperatures (between minus 8 and 18
|
$0.79 per hour
|
|
|
Celsius)
|
|
8
|
7.6.3
|
Cold temperatures (below minus 18 Celsius)
|
$1.30 per hour
|
9
|
7.8.2
|
Pea-vining
|
$5.15 per week
|
10
|
7.10
|
Fumigation gas
|
$6.60
|
11
|
13.7.1
|
Meal Allowance
|
$11.40
|
12
|
14.2
|
First-aid
|
$2.51 per day extra
|
F. MARKS, J
____________________
Printed by the authority of the Industrial Registrar.