SURVEYORS' FIELD HANDS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the
Industrial Relations Act 1996.
(No. IRC5067
of 1999)
Before Commissioner O'Neill
|
8 June 2001
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REVIEWED AWARD
PART A
Clause No.
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Subject Matter
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1
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Definitions
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2
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Hours of Labour
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3
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Wages
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4
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Wet Places
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5
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Shafts or Trial Holes and Boring Operations
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6
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Underground Work
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7
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Overtime and Weekend Work
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8
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Holidays
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9
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Annual Leave
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10
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Annual leave Loading
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11
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Sick Leave
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12
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Anti-Discrimination
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13
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Transfers
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14
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Distant Places
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15
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Tools
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16
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Tea Break
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17
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First‑Aid
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18
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Change and Shelter Shed
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19
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Fares
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20
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Country Work and Travelling Expenses
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21
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Camping Area
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22
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Meals
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23
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Termination of Employment
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24
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Provision Accounts
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25
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Payment of Wages and Overtime
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26
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Mixed Functions
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27
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Protective Clothing
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28
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Meal Allowance
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29
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Bereavement Leave
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30
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Jury Service
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31
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Personal Carer’s Leave
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32
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Redundancy
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33
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Training Wage
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34
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Settlement of Disputes
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35
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Leave Reserved
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36
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Superannuation
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37
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Working in the Rain
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38
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Area, Incidence and Duration
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PART B
MONETARY RATES
Table 1
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Wages Private Sector
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Table 2
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Other Rates and Allowances
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PART C
MONETARY RATES - TRAINEESHIPS
Tables 1(a), 2(a) and 3(a)
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Industry/ Skill Level A
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Tables 1(b), 2(b) and 3(b)
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Industry/ Skill Level B
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Table 1(c), 2( c ) and 3(c )
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Industry/ Skill Level C
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Tables 1(d), 2(d) and 3(d)
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School Based Traineeships
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Tables 1(e), 2(e) and 3(e)
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Hourly Rates for Trainees who have Left School
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Tables 1(f), 2(f) and 3(f)
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Hourly Rates for School- Based Traineeships
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Appendix A - Industry/Skill Levels
1. DEFINITIONS
(i) Weekly hand shall mean an employee
employed by the week and entitled to a week's pay for every week started.
(ii) Daily hand
shall mean an employee employed by the day and paid by the day.
(iii) Survey field hand shall be classed as a
special class field hand, first class field hand, second class field hand and
operator of echo sounding machine.
(iv) First class field hand shall mean an
employee who has had two years' experience as a surveyor's field hand; provided
that an employee with two years' experience as a surveyors field hand who has
had less than six months' experience as a field hand in any one of the following
branches of surveying, i.e., country land surveying, urban land surveying or
engineering surveying, may be employed as a second class field hand in any one
of the above branches of surveying in which the employee has not had six
months' experience as a second class field hand until the employee has had such
period of experience and thereafter shall be classified as a first class field
hand in that branch.
(v) Second class field hand shall mean an
employee with less than two years' experience in the work of a survey field
hand.
(vi) Instrument hand shall mean an adult
employee who, under the direction of a surveyor, the major part of their time
uses a theodolite, level or similar instruments and records the readings.
(vii) Special Class field hand means an adult
employee who is a first class field hand with at lest two years' experience as
such and who has been appointed by the employer for special duties as required.
2. HOURS OF LABOUR
(i) (a) Except
as provided elsewhere in this award the ordinary working hours shall be thirty‑eight per week
and shall be worked in accordance with the following provisions for a four‑week
work cycle:
(1) The ordinary working hours shall be
worked as a twenty‑day four‑week cycle Monday to Friday inclusive
with nineteen working days of eight hours each between the hours of 7.00 a.m.
and 5.00 p.m., with 0.4 of one hour on each day worked accruing as an
entitlement to take the fourth Monday in each cycle as a day off paid for as
though worked. Provided that where the
majority of employees on any particular section of work agree, and the employer
or employer's representative agrees in writing, an alternative day in the four‑week
cycle may be substituted for the fourth Monday as the day off paid as though
worked, and where such agreement is reached all provisions of this award shall
apply as if such day was the prescribed fourth Monday.
Provided further than where such
agreement is reached an alternative day in the four‑week cycle shall
apply subject to the following procedure being observed:
I. Within twenty‑four hours of the
employer obtaining agreement with its employees, the employer shall notify the
union by letter or facsimile as to the existence of the agreement in writing
between the employer and the majority of employees for an alternative day in
the four‑week cycle.
II. The employer shall also inform a
registered industrial union of employers which is a party to this award.
III. A period of five working days shall be
allowed to pass from the day on which the employer informs the union before the
agreement is implemented.
IV. Such an agreement shall be put into
effect after the passage of the five‑day period of notice unless a party
notified in accordance with the above provisions notifies the matter to the
Industrial Relations Commission of New South Wales, in which event the
agreement shall not be implemented until a final decision is made by the
Industrial Relations Commission of New South Wales, pursuant to the New South
Wales Industrial Relations Act 1996.
(2) Where such fourth Monday or agreed
rostered day off prescribed by subparagraph (1) of this paragraph falls on a
public holiday as prescribed in Clause 9 - Holidays, the next working day shall
be taken in lieu of the rostered day off unless an alternative day in that four‑week
cycle (or the next four‑ week cycle) is agreed in writing between the
employer and the employee.
(3) Each day of paid leave taken and any
public holidays occurring during any cycle of four weeks shall be regarded as a
day worked for accrual purposes.
(4) An employee who has not worked, or is
not regarded by reason of subparagraph (3) of this paragraph as having worked a
complete four‑week cycle, shall receive pro rata accrued entitlements for
each day worked (or each fraction of a day worked) or regarded as having been
worked in such cycle, payable for the rostered day off or, in the case of
termination of employment, on termination.
(5) The accrued rostered day off prescribed
in subparagraphs (1) and (2) of this paragraph shall be taken as a paid day off
provided that the day may be worked where that is required by the employer and
such work is necessary to allow other employees to be employed productively or
to carry out maintenance outside ordinary working hours or because of
unforeseen delays to a particular project or a section of it or for other
reasons arising from unforeseen or emergency circumstances on a project, in
which case, subject to the provisions of subparagraph (6) of this paragraph, in
addition to accrued entitlements the employee shall be paid at the rates
prescribed for Saturday work in Clause 7 - Overtime and Weekend Work.
(6) Wherever it is practicable for the
employer to give the rostered day off in accordance with this subparagraph, the
provision of this subparagraph shall operate in lieu of subparagraph (5) of
this paragraph.
The accrued rostered day off
prescribed in subparagraphs (1) and (2) of this paragraph shall be taken as a
paid day off provided that the day may be worked where that is required by the
employer and such work is necessary to allow other employees to be employed
productively or to carry out maintenance outside ordinary working hours or
because of unforeseen delays to a particular project or a section of it or for
other reasons arising from unforeseen or emergency circumstances on a project,
in which case the employee shall take one paid day off before the end of the
succeeding work cycle and the employee shall be paid for the day worked at the
rates prescribed for Saturday work in Clause 7 - Overtime and Weekend Work..
(b) A majority of the employees concerned
and their employers may mutually agree upon starting and ceasing times between
the hours of 6.00 a.m. and 6.00 p.m. Notwithstanding anything contained in this
subclause the time worked each day and the hours of work on any particular
section of work may be varied by mutual agreement between the employer and the
majority of the employees concerned so that the ordinary working hours may be
80 hours per fortnight in the first half of each 20 day cycle and 72 hours per
fortnight in the second half of each 2~day cycle; provided that no more than 46
hours shall be worked in any one week and not more than nine hours and twelve
minutes shall be worked in any one day without the payment of overtime. In the
event of the employee being employed for one week only all time worked in
excess of forty hours shall be paid for as Overtime; provided also that, by
mutual agreement between the employer and the majority of the employees
concerned, employees may work up lo eight hours on a Saturday and shall be
allowed equivalent time off on first return to headquarters or at a time
mutually convenient. Overtime shall not be payable for time so worked so long
as eighty hours per fortnight are not exceeded; provided that employees of the
Department of Land and Water Conservation may, by agreement between the
Department of Land and Water Conservation and the majority of employees
concerned, work up to eight hours on each alternate Saturday and shall be
allowed equivalent time off at some other time as mutually arranged but being a
week in which a public holiday occurs. Overtime shall not be payable for the
additional time so worked so long as not more than eight hours per fortnight
are worked.
(ii) Daily Hands
The working hours of daily hands
shall not exceed thirty‑eight hours per week worked in accordance with
the provisions of this clause.
(iii) (a) Where
it is necessary for employees to leave camp or the surveyor's office to go to
their work and to return to such camp or office the time so taken shall be
counted as time worked. This applies only to the County of Cumberland.
(b) Outside the County of Cumberland the
time of working shall start from leaving the camp or the surveyor's office but
shall not include the time occupied in returning to such camp or surveyor's
office; provided the distance to the camp or the office aforesaid does not
exceed 6.44 kilometres. In such cases the time allowance to be allowed shall be
twenty minutes per 1.62 kilometres for all excess unless transport is provided
by the surveyor.
(c) In all cases where employees are
required to travel direct from their homes to the job or return all time spent
in travelling in excess of the time normally occupied in travelling to the
surveyor's office shall be paid for at the ordinary rates or a time allowance
made.
(iv) Employees of
the Department of Information, Technology and Management
Provided that in respect of
employees of the Department of Information, Technology and Management employed
in connection with the trigonometrical survey of the State of New South Wales
being carried out by the Department of Land and Water Conservation and employees
of the Department of Land and Water Conservation employed in connection with
State control surveys under the provisions of the Survey Co‑ordination Act 1949, the ordinary hours of working
may be between 4 a.m. and midnight, Monday to Saturday inclusive, without the
payment of overtime subject to the following conditions:
(a) employees shall work not more than eight
hours per day or such hours as may be agreed upon mutually;
(b) all time worked in excess of the daily
limits prescribed by paragraph (a) of this subclause, or in excess of eighty
hours per fortnight in the first half of each 20 day cycle and 72 hours per
fortnight in the second half of each cycle shall be paid for at the rate of
time and one‑half for the first two hours and at the rate of double time
thereafter; provided that the calculation of the payment for Overtime shall be
on the basis of each complete unbroken period of overtime;
(c) employees whose ordinary working day
commences prior to 6 a.m. or finishes after 6 p.m. shall be paid for all
ordinary hours of work on such day at the rate of ordinary time plus 10 per
cent.
3. WAGES
(i) The minimum rates of pay for any classification shall, subject to the other provisions of this
award, be the weekly rates as set out in Table 1 - Wages - Private Sector, of
Part B, Monetary Rates.
NOTATION: Surveyor Field Hands working in the public
sector shall have their rates of pay and allowances prescribed in the Crown
Employees (Roads and Traffic Authority of New South Wales - Wages Staff) Award
made in Matter IRC No. 5373 of 2000; the Crown Employees (Department of Land
and Waste Conservation, Conservations Field Officers) Award [320 I.G. 700]; the
Crown Employees (Department of Public Works and Services Wages Staff) Award,
2001; or the Crown Employees Wages Staff (Rates of Pay) Award 2001 made in
Matter IRC No. 3174 of 2001, as applicable, or their replacement industrial
instruments.
(a) Weekly Hands ‑ as set out in Tables 1 and 2 of Part B.
(b) Daily Hands shall be ascertained by adding
the amount as set in Item 1 of Table 2, Other Rates and Allowances, of Part B,
Monetary Rates, to the appropriate
weekly rate and dividing such sum by five.
(c) Youths ‑ percentage of second class field hand rate per
week:
15 years of age
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50%
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16 years of age
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75%
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17 years of age
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90%
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When such junior employees attain
the age of 18 years they shall be paid the adult rate applicable to second
class field hands.
(ii) Where employees are required to drive a
motor vehicle or motor launch they shall be paid the allowance extra per day as
set out in Item 2 of Table 2 whilst so employed, provided that an employee who
drives a four‑wheel drive vehicle off recognised roads and in paddocks or
on unserviced bush roads shall be paid the allowance per day, or part of a day
thereof, as set out in Item 3 of Table 2, and if a licence is required such
employee's driver's licence fee shall be paid by the employer. Such employee shall not be required to
perform motor vehicle repairs other than those necessary to keep the vehicle in
running order whilst on the road.
(iii) Employees shall receive the allowance as
set out in Item 4 of Table 2 of Part B per day whilst engaged in hydrographic
duties involving soundings, current testing or tide gauge reading aboard a
boat.
(iv) The sums prescribed by subclause (ii) as
set out in Items 2 and 3 of Table 2 and the sum prescribed by subclause (iii)
and set out in Item 4 of Table 2 shall not in any case be taken into account
for the purpose of the calculation of overtime.
(v) In addition to the weekly wage rate
prescribed in this clause, there shall be added the sum set out in Item 5 of
Table 2 to compensate for the additional disabilities of being required to work
when exposed to inclement weather.
For the purpose of this clause,
"inclement weather" means wet weather and/or abnormal climatic
conditions such as hail, cold, high winds, severe dust storms, extreme high
temperatures or any combination thereof.
(vi) The rates of pay in this award include
the adjustments payable under the State Wage Case of 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.
4. WET PLACES
(i) Employees working in swamps, wet places
or in boots where their feet or clothing become wet shall receive the amount
prescribed by Item 6 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
(ii) For the purpose of this clause a place
shall be deemed to be wet when water other than rain is falling so that the
clothing of the employee becomes appreciably wet and/or when the water in the
place where the employee is working saturates the boots of the employee.
5. SHAFTS OR TRIAL HOLES AND
BORING OPERATIONS
Employees engaged excavating shafts or trial holes or in
boring operations shall, whilst so engaged, be paid at the rates prescribed for
such class of work by the General Construction and Maintenance, Civil and
Mechanical Engineering, &c. (State) Award in force from time to time.
6. UNDERGROUND WORK
Employees engaged in underground work shall receive the
amount extra per day as set out in Item 7 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, in addition to the daily allowance
payable in wet places where such applies.
7. OVERTIME AND WEEKEND WORK
Subject to Clause 2 - Hours of Labour
(i) Overtime shall be payable for all time
worked outside the ordinary hours prescribed
in the said Clause 2, or in excess of eight hours in any one day at the
rate of time and one‑half for the first two hours and double time
thereafter, provided that all work performed after 12 noon on Saturday shall be
paid for at double time; provided further that employees who are required to
work regular Overtime which normally commences after 12 noon on a Saturday
shall be paid at the rate of time and one‑half for the first two hours
and double time thereafter. The calculation of such Overtime shall be on the
basis of each complete unbroken period of Overtime.
(ii) Double time
shall be paid for all time worked on a Sunday.
(iii) Employees called upon to work during the
recognised meal hour shall be paid at ordinary overtime rates for all time
worked until they receive a meal break of the usual period.
(iv) Employees
who work so much overtime
(a) between the termination of their
ordinary work day or shift and the commencement of their ordinary work in the
next day or shift that they have not had at least ten consecutive hours off
duty between these times; or
(b) on Saturdays, Sundays and holidays not
being ordinary working days or on a rostered day off without having had ten
consecutive hours off duty in the twenty‑four hours preceding their
ordinary commencing time on their next ordinary day or shift;
shall, subject to this subclause,
be released after completion of such Overtime until they have had ten hours off
duty without loss of pay for ordinary working time occurring during such
absence. Provided that if, on the instructions of the employer, such employees
resume or continue to work without having had such ten consecutive hours off
duty they shall be paid at double rates until they are released from duty for
such period and they shall then be entitled to be absent until they have had
ten consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(v) Employees shall not be required to
report at the place of work earlier than the ordinary starting time or return
later than the ordinary ceasing time without the payment of overtime.
(vi) An employee required to work on a Sunday
or a public holiday shall be afforded at least 4 hours work or shall be paid
for 4 hours at the appropriate rate.
(vii) Employees directed to report for work on
Saturday or Sunday, and not being required, shall be paid two hours at
appropriate overtime rates and all fares actually and necessarily incurred in travelling
to and from the job.
(viii) Where employees report as hereinbefore
mentioned on Saturday or Sunday and are instructed to remain on the job, though
not started, they shall be paid at Overtime rates whilst waiting until such
time as otherwise notified.
(ix) Employees
recalled to work
When employees are recalled to
work after leaving their jobs they shall be paid a minimum of four hours at
overtime rates.
(x) Cribs
(a) An employee who is required to work
overtime for 2 hours or more after the normal ceasing time shall be allowed, at
the expiration of the said 2 hours, 30 minutes for a meal or crib and
thereafter a similar time allowance after every additional 4 hours of overtime
worked. Time for meals or crib through overtime periods shall be allowed
without loss of pay, provided that overtime work continues after such break.
Provided that where an employee is
eligible for a meal(s) or crib break(s) (as defined above) and having regard to
statutory requirements, an employer and employee may agree for the meal(s) or
crib break(s) to be taken at any time. Where such a meal(s) or crib break(s) is
not taken, the employee shall be entitled to be paid for the meal(s) or crib
break(s) at the appropriate Overtime rate.
(b) Where overtime is worked on a Saturday,
if work continues after 12 noon, a break for a meal of 30 minutes shall be
allowed between 12 noon and 1 p.m., which meal break shall be taken without
loss of pay.
(xi) Compulsory
Overtime
An employer may require an
employee to work reasonable overtime at overtime rates and such employee shall
work overtime in accordance with such requirements.
8. HOLIDAYS
(a) Employees
shall be granted the following public holidays without deduction of pay, viz.,
* New Year's
Day
* Australia
Day
* Good Friday
* Easter
Monday
* Anzac Day
* Queen's
Birthday
* Labour Day
* Christmas
Day
* Boxing Day
and any day proclaimed as a public
holiday throughout the State.
For any work performed on any such
public holiday double time and one‑half shall be paid; provided that, by
agreement between the employer and a majority of the employees, such holidays
may be worked at ordinary rates and time off in lieu thereof shall be allowed
or one day and one‑half for each day worked shall be added to the annual
leave.
(b) The first Monday in December of each
year shall be a holiday as the Picnic Day of The Australian Workers' Union, New
South Wales.
(c) Employees not required to work on the
said Picnic Day shall be paid for the holiday at the ordinary rates of pay
prescribed in Clause 3 - Wages.
(d) Employees required to work on the Picnic
Day shall be paid at the rate of double time and one‑half for all time
worked.
(e) Employers may require from their
employees the butts of their tickets as evidence of the employees' attendance
at the picnic.
(f) The provisions for a Picnic Day shall
apply only to employees of an employer working in the County of Cumberland, the
County of Northumberland and the County of Camden; provided that employees of
Government Departments or quasi‑government bodies outside the boundaries
of the aforesaid counties shall be entitled to the Picnic Day where such is
actually held in an area; provided further that one month's notice of such Picnic
Day is given in writing by the union to the employer.
(g) Where employers hold a regular Picnic
Day for their employees on some other working day during the year then such day
may be given and may be taken in lieu of the Picnic Day here fixed.
(h) Should the employment of an employee be
terminated by the employer otherwise than for misconduct or should an employee
be stood off within fourteen days prior to any holiday or to the commencement
of any group of holidays; prescribed in this clause such employee shall be paid
for such holiday or group of holidays; provided that such employee has been
employed by the employer for a period of at least one week prior to the
termination of the employment.
(i) For the purpose of this clause when any
two or more of the holidays prescribed in this clause occur within two weeks of
one another such holidays shall be deemed to be a group of holidays.
(j) Where an additional or substitute
public holiday is proclaimed by Order in Council or otherwise gazetted by
authority of the Australian or a State Government under any acts throughout any
State or part thereof, such a day shall within the defined locality be deemed
to be a holiday for the purposes of this award; provided that an employee shall
not be entitled to the benefit of more than one holiday upon such occasion.
9. ANNUAL LEAVE
(i) See Annual Holidays Act 1944.
(ii) Government and quasi‑government
bodies: See Uniform Leave Conditions for Ministerial Employees or the Public
Sector Management (General) Regulation, 1996.
10. ANNUAL LEAVE LOADING
(i) Government and quasi‑government
bodies: See Uniform Leave Conditions for Ministerial Employees or for persons
employed under the Public Sector
Management Act, 1988, relevant provisions of Crown Employees (Public
Service Conditions of Employment 1997) Award, as varied or any replacement
award.
(ii) In this
clause the Annual Holiday Act 1944 is
referred to as "the Act".
(iii) Before employees are given and take their
annual holiday or, where by agreement between the employer and employee the
annual holiday is given and taken in more than one separate period, then before
each of such separate periods the employer shall pay the employee a loading
determined in accordance with this clause. (NOTE: The obligation to pay in
advance does not apply where an employee takes an annual holiday wholly or
partly in advance ‑ see subclause (vii) of this clause.)
(iv) The loading is payable in addition to the
pay for the period of holiday given and taken and due to the employee under the
Act.
(v) The loading is to be calculated in
relation to any period of annual holiday to which the employee becomes or has
become entitled, or where such a holiday is given and taken in separate
periods, then in relation to each such separate period. (NOTE: See subclause
(vii) of this clause as to holidays taken wholly or partly in advance.)
(vi) The loading is the amount payable for the
period or the separate period, as the case may be, stated in subclause (v) of
this clause at the rate per week of 17½ per cent of the appropriate ordinary
weekly time rate of pay prescribed by this award for the classification in
which the employee was employed immediately before commencing their annual
holiday.
(vii) No loading is payable to an employee who
takes an annual holiday wholly or partly in advance; provided that if the
employment of such an employee continued until the day when the employee would
have become entitled under the Act to an annual holiday, the loading then
becomes payable in respect of the period of such holiday and is to be
calculated in accordance with subclause (vi) of this clause applying the award
rates of wages payable on that day.
(viii) Where, in accordance with the Act, the employer's
establishment or part of it is temporarily closed down for the purpose of
giving an annual holiday or leave without pay to the employees concerned:
(a) Employees who are entitled under the Act
to an annual holiday and who are given and take such a holiday shall be paid
the holiday calculated in accordance with subclause (iv) of this clause;
(b) Employees who are not entitled under the
Act to an annual holiday and who are given and take leave without pay shall be
paid in addition to the amount payable to them under the Act such proportion of
the loading that would have been payable to them under this clause if they had
become entitled to an annual holiday prior to the close down as their
qualifying period of employment in completed weeks bears to 52.
(ix) (a) When
the employment of an employee is terminated by the employer for a cause other
than misconduct and at the time of the termination the employee has not been
given and has not taken the whole of an annual holiday to which the employee
became entitled, the employee shall be paid a loading calculated in accordance
with subclause (vi) of this clause for the period not taken.
(b) Except as provided by paragraph (a) of
this subclause no loading is payable on the termination of an employee's
employment.
11. SICK LEAVE
(i) Government and quasi‑government
bodies: See Uniform Leave Conditions for Ministerial Employees or Public Sector
Management (General) Regulation, 1996.
(ii) Employees who have completed three months'
service and who are unable to perform their duties on account of ill health
shall, subject to satisfactory proof of such illness, be entitled to ten days
sick leave on full pay during each year of their employment. Such leave shall
be cumulative for a period of six years from the end of the year from which it
accrues.
(iii) Where employees are ill or incapacitated
(within the meaning of this clause) on their rostered day off they shall not be
entitled to payment for sick leave on that day nor shall their sick leave
entitlement be reduced as a result of such illness or incapacity (within the
meaning of this clause).
12. ANTI-DISCRIMINATION
(a) 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.
(b) It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It
will be consistent with the fulfilment of these obligations for the parties to
make application to vary any provision of the award, which, by its terms or
operation, has a direct or indirect discriminatory effect.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(ii) offering or providing junior rates of pay to persons under 21
years of age;
(iii) any act or practice of a body established
to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to this award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
(e) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
NOTES
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Anti-Discrimination Act
1977 provides:
"Nothing in the Act affects
... any other act or practice of a body established to propagate religion that
conforms to the doctrines of that religion or is necessary to avoid injury to
the religious susceptibilities of the adherents of that religion."
13. TRANSFERS
Reasonable facilities shall be given to employees to
transfer from one survey gang to another.
14. DISTANT WORK
(i) All employees working in districts west
and north of and excluding State Highway No. 17 from Tocumwal to Gilgandra,
State Highway No. 11 from Gilgandra to Tamworth, Trunk Road No. 63 to Yetman
and State Highway No. 16 to Boggabilla up to the Western Division boundary, and
excluding the municipalities through which the road passes, shall be paid the
amount extra per day set out in Item 8 of Table 2 ‑ Other Rates and
Allowances, of Part B, Monetary Rates.
All employees in the Western
Division of the State shall be paid an amount set out in the said Item 8 extra
per day.
(ii) All employees working within the area
bounded by and inclusive of the Snowy River from the New South Wales border to
Dalgety, thence by road directly from Dalgety to Berridale and on to the Snowy
Mountains Highway at Adaminaby, thence to Blowering, thence by a line drawn
from Blowering south‑west to Waleragang and on to the Murray River,
thence in a south‑easterly direction along the New South Wales border to
the point of commencement, shall be paid the amount set out in Item 9 of the
said Table 2.
15. TOOLS
All necessary tools shall be provided free of charge by the
employer.
16. TEA BREAK
A tea break during the morning period of not more than
twenty minutes' duration shall be allowed to each individual employee, at a
time to be arranged by the employer, without deduction from the employee’s
wages.
Provided that an employer may grant a tea break of not more
than ten minutes' duration during both the morning and afternoon periods of the
working day, under the same conditions as above. Where an afternoon tea break
is taken the employer may direct that it be taken immediately prior to ceasing
time.
The taking of the tea break shall not necessarily involve a
complete stoppage of work.
17. FIRST-AID
(i) The employer shall provide and
continuously maintain, at a place reasonably accessible to all employees, a
first-aid kit as prescribed in the Occupational
Health and Safety Act 2000.
(ii) In the event of any serious accident
happening to an employee whilst at work or going to or from a worksite, the
employer shall, at their expense, provide transport facilities to the nearest
hospital or doctor.
(iii) Employees appointed by the employer to
perform first‑aid duties shall be paid the amount set out in Item 10 of
Table 2 ‑ Other Rates and
Allowances, of Part B, Monetary Rates in addition to their ordinary rates.
18. CHANGE AND SHELTER SHED
Where necessary and practicable a change and/or shelter shed
for employees shall be provided on all jobs and shall be used exclusively for
that purpose.
19. FARES
Except for travelling between their residence and the
permanent office or depot of the employer, all fares actually and reasonably
incurred by employees in connection with their work shall be paid by the
employer. This clause shall not apply to country work as defined in Clause 20 -
Country Work and Travelling Expenses.
20. COUNTRY WORK AND TRAVELLING
EXPENSES
(i) Country work shall mean employment at a
place which requires the employees to live away from their usual places of
residence.
(ii) Employees sent
by the employer to country work shall:
(a) have their fares provided by the
employer and, on remaining until the completion of the job or until the special
work which they were sent to perform is completed and no other work is provided
by the employer, shall be entitled to fares back to the place of engagement;
(b) where employees are required to travel
overnight, be provided with sleeping accommodation, where available;
(c) be paid by the employer all necessary
expenses incurred in providing their own board and lodging, unless camping
facilities or board and lodging are provided by the employer;
(d) be paid at ordinary rates for all time
occupied in travelling to and from work in addition to wages otherwise earned
and also shall be provided with satisfactory meals or shall be paid a meal
allowance as set out in Item 11 of Table 2
‑ Other Rates and Allowances, of Part B, Monetary Rates, for every
meal hour whilst travelling or whilst waiting en route and, if required to
spend the night at some place en route, shall be allowed the amount set out in
Item 12 of Table 2 for a bed. No employee shall be entitled to more than an
ordinary day's wages (eight hours) excluding allowance for meals and bed
provided herein for any day occupied in travelling. "Day" for the purposes of this subclause shall mean the
period from midnight to midnight.
(iii) A person selected for work and sent to
work by an agent of the employer, including a National Service Office, a
Government employment bureau or a private employment agency shall, for the
purpose of this clause, be deemed to have been sent by the employer.
(iv) Employees transferred to another job at
their own request shall not be entitled to fares, travelling time and/or
allowances prescribed by this clause.
(v) (a) Employees
who work as required during the ordinary hours of work on the working day
before and the working day after a weekend and who notify the employer or their
representative no later than the Tuesday of each week of their intention to
return home at the weekend and who
return home for the weekend, shall be paid an allowance as set out in Item 13 of Table 2 for each such
occasion. The payment of this allowance
shall disentitle an employee to payment of the camping allowance prescribed in
the Camping Area clause of the General Construction and Maintenance, Civil and
Mechanical Engineering (State) Award, for the weekend in question for the day
or days on which they are absent.
(b) This subclause shall not apply to an employee:
(1) who is receiving payment of an allowance
in lieu of board and lodging being provided by the employer; or
(2) where a conveyance is provided by the
employer to transport the employee to and from the place of work and the
established centre at which the organisation is based.
(c) Employees shall be deemed to have
returned home at the weekend only if this involves them in being absent from
their accommodation for not less than half the hours between ceasing work in
one week and commencing work in the next.
(vi) If an employer and employee engaged on
country work agree in writing, and subject to the procedure outlined in
paragraph (a) of Clause 2 - Hours of Labour, as defined, the paid rostered day
off prescribed in that subclause may be
taken and paid for at a time mutually agreed upon. The agreement shall only provide for a paid day or days off work
up to a maximum accrual of five days.
(vii) This subclause shall not apply to private
sector employees or employees who report each day to the same fixed establishment,
permanent office or depot of the employer.
Where camping facilities are not provided and travel cannot be made by a
public conveyance, employees required to travel to and/or from the place of
work shall, unless a conveyance can be provided by the employer to transport
them to and from the place of work at a point not more than three kilometres
distant from the employees' residences, be paid the allowances as set out in
Item 14 of Table 2 of Part B, Monetary Rates, namely, where employees commence
and/or cease work at a greater distance from their residences than the
distances as set out in the said Item 14.
21. CAMPING AREA
(i) When
camping areas are necessary for employees such shall be provided by the
employer free of charge.
(ii) No camps shall be erected within 33kms
of the General Post Office, Sydney or 16km of the General Post Office,
Newcastle.
(iii) The employer shall provide the minimum
facilities, conditions and standards for camps as prescribed in the Camping
Area clause of the General Construction and Maintenance, Civil and Mechanical
Engineering &c., (State) Award, as varied, from time to time, or by any
award replacing the said award, under the same conditions as prescribed in that
clause of the General Construction and Maintenance, Civil and Mechanical
Engineering (State) Award.
(iv) Where employees are required to camp
either by direction of the employer or because no reasonable transport
facilities are available to enable them to proceed to and from their home each
day they shall be paid the appropriate allowances prescribed in the Camping
Area clause of the General Construction and Maintenance, Civil and Mechanical
Engineering &c., (State) Award.
(v) Where an employee is required to camp by
direction of the employer and because the normal camping provisions of this
clause cannot be reasonably provided the use of tents shall be permitted; such
tents shall not be less than 2.44m x 3.05m covered by a fly 3.05m x 3.66m. Cooking utensils, tableware, suitable lamp
an fuel sufficient for each tent shall be provided by the employer. Where practicable, such tents shall be
pitched on frames with full boarded floors and a timber wall rising not less
than 15.2cm, above the floor level.
22. MEALS
(i) Employees shall be entitled to a meal
break each day of not less than 30 minutes in duration and not more than one
hour in duration; provided that the said meal break shall be taken between
11.30 a.m. and 1.30 p.m. Such meal break shall not count as time worked.
23. TERMINATION OF EMPLOYMENT
(i) Except in the case of misconduct, one
week's notice in writing on either side shall terminate the engagement of
weekly hands or in lieu thereof a week's wages shall be paid.
(ii) Daily Hands shall be notified at the
termination of each day's work as to any further engagement or shall be paid at
least one hour's wages in lieu of notice.
24. PROVISION ACCOUNTS
(i) All accounts in connection with camp
messing arrangement shall be submitted to the employees at a reasonable time
before settlement of same and, in any event, shall be made up and shall be
submitted every four weeks and at the termination of the camp.
(ii) Should employees leave or be discharged
prior to the monthly settlement of their mess account they shall pay the
average of the preceding month.
(iii) The employees may appoint one member to
check all mess accounts including receipts for all purchases connected
therewith and such member shall be designated messing representative.
(iv) The employer shall keep or shall cause to
be kept a complete provision account from
the commencement to the conclusion of the camp.
(v) Complaints from employees regarding camp
messing shall receive proper attention from the employer and shall be conveyed
to the employer by the messing representative.
25. PAYMENT OF WAGES AND
OVERTIME
(i) All wages and overtime due to employees
within the County of Cumberland shall be paid weekly and not later than the
usual ceasing time each Friday unless otherwise arranged by mutual agreement.
All wages and overtime due to employees outside the County of Cumberland shall
be paid fortnightly. In the event of employees leaving or being discharged in
accordance with this award, they shall be paid all wages due to them on demand
or shall be paid waiting time at ordinary rates; provided that an employer may,
in the case of employees who leave or are discharged and who fail to settle
their mess account, deduct the amount so owing from any moneys due or becoming
due to the employees and shall pay such sums to the mess representative.
(ii) In the event that a scheduled day off
falls on pay day the employer shall pay wages to the employee on the following
working day. Subject to the employer being able to make payment the wages may
be paid on the working day preceding the scheduled day off.
(iii) Provided that where the scheduled day off
falls on a pay day which is a Friday the employer shall pay wages on the
working day prior to the day off.
(iv) In the case of employees of Government
and quasi‑Government bodies wages shall be paid into a bank or other
account except in isolated areas, hardship or other exceptional circumstances
where payment will be made by cheque subject to cashing facilities being
available within twenty‑four hours of the employees' normal pay day;
provided further that where the employees' normal pay day is a Friday cashing
facilities shall be available by 5.00 p.m. on that day.
26. MIXED FUNCTIONS
Employees engaged for more than two hours during one day on
duties carrying a higher rate than their ordinary classification shall be paid
the higher rate for such day; if so engaged two hours or less during one day
they shall be paid the higher rate for the time so worked.
27. PROTECTIVE CLOTHING
(i) Employees
shall be supplied with all necessary protective clothing.
(ii) Such protective clothing shall remain
the property of the employer and shall be produced by the employee for
inspection by the employer when required.
(iii) Loss due to any cause arising out of the
neglect or misuse by the employee shall be a charge against the wages of the
employee. A deduction at a reasonable rate may be made by the employer from the
wages of the employee; provided that no such deduction shall be made for
reasonable wear and tear.
28. MEAL ALLOWANCE
An employee required to work overtime for more than one and
one‑half hours after the ordinary ceasing time shall be provided with a
meal or shall be paid the allowance set out in Item 11 of Table 2 ‑ Other
Rates and Allowances, of Part B, Monetary Rates, for such meal and, after the
completion of each four hours on continuous overtime, shall be paid the
allowance set out in the said Item 11 for each subsequent meal in addition to
his/her overtime payment.
29. BEREAVEMENT LEAVE
(i) Government and quasi‑government
bodies: See Uniform Leave Conditions for Ministerial Employees or for persons
employed under the Public Sector
Management Act, 1988, relevant provisions of Crown Employees (Public
Service Conditions of Employment 1997) Award, as varied or any replacement
award.
(ii) An employee other than a daily hand
shall be entitled up to two days bereavement leave without deduction of pay on
each occasion of the death of a person prescribed in subclause (iv) of this
clause.
(iii) The employee must notify the employer as
soon as practicable of the intention to take bereavement leave and will, if
required, provide to the satisfaction of the employer proof of death.
(iv) Bereavement leave shall be available to
the employee in respect to the death of a person prescribed for the purpose of
Personal Carer’s Leave as set out in subparagraph (ii) of paragraph (c) of
subclause (1) of Clause 31 - Personal Carer’s Leave, provided that for the
purposes of bereavement leave the employee need not have been responsible for
the care of the person concerned.
(v) 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.
(vi) Bereavement leave may be taken in conjunction
with the other leave available under subclauses (2), (3) (4) (5) and (6) of the
said Clause 36. In determining such a
request the employer will give special consideration to the circumstances of
the employee and the reasonable operational requirements of the business.
30. JURY SERVICE
(i) Government and quasi‑government
bodies: See Uniform Leave Conditions for Ministerial Employees or for persons
employed under the Public Sector
Management Act, 1988, relevant provisions of Crown Employees (Public
Service Conditions of Employment 1997) Award, as varied or any replacement
award.
(ii) Employees on weekly hiring 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 their attendance for such jury service and the amount of wage they
would have received in respect of the ordinary time they would have worked had
they not been on jury service.
Employees shall notify their employer
as soon as practicable of the date upon which they are required to attend for
jury service and shall provide the employer with proof of attendance, the
duration of such attendance and the amount received in respect thereof
31. PERSONAL/CARER’S LEAVE
(i) Use of Sick
Leave
(a) An employee other than a daily hand,
with responsibilities in relation to a class of person set out in 31(i)(c) 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 at Clause 11 - Sick Leave, of the award, for absences to provide care and
support, for such persons when they are ill.
Such leave may be taken for part of a single day.
(b) The employee shall, if required,
establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The entitlement to use sick leave in accordance with this
subclause is subject to:
(1) the employee being responsible for the care of the person
concerned; and
(2) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an
adopted child, a 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
(d) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(e) a relative of the employee who is a
member of the same household, where for the purposes of this paragraph:
(1) "relative" means a person related by blood,
marriage or affinity;
(2) "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
(3) "household" means a family group living in the same
domestic dwelling.
(d) An employee shall, wherever practicable,
give the employer notice prior to the absence of the intention to take leave,
the name of the person requiring care and that person’s relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for
the employee to give prior notice of absence, the employee shall notify the employer
by telephone of such absence at the first opportunity on the day of absence.
(ii) Unpaid
Leave for Family Purpose
(a) An employee may elect, with the consent
of the employer, to take unpaid leave for the purpose of providing care and
support to a class of person set out in 31(i)(c)(2) above who is ill.
(iii) Annual
Leave
(a) An employee may elect with the consent
of the employer, subject to the Annual
Holidays Act, 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to annual leave, as prescribed in
31(iii)(a) above, shall be exclusive of any shutdown period provided for
elsewhere under this award.
(c) An employee and employer may agree to
defer payment of the annual leave loading in respect of single day absences,
until at least five consecutive annual leave days are taken.
(iv) Time Off in
Lieu of Payment for Overtime
(a) An employee may elect, with the consent of
the employer, to take time off in lieu of payment for overtime at a time or
times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during
ordinary time hours shall be taken at the ordinary time rate, that is an hour
for each hour worked.
(c) If, having elected to take time as leave
in accordance with paragraph 36(iv)(a), the leave is not taken for whatever
reason payment for time accrued at overtime rates shall be made at the expiry
of the 12 month period or on termination.
(d) Where no election is made in accordance
with paragraph 31(iv)(a), the employee shall be paid overtime rates in
accordance with the award.
(v) Make-Up Time
(i) An employee may elect, with the consent
of the employer, to work "make-up time", under which the employee
takes time off during 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.
(ii) 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.
(vi) Rostered
Days Off
(i) An employee may elect, with the consent of the employer, to
take a rostered day off at any time.
(ii) An employee may elect, with the consent
of the employer, to take rostered days off in part day amounts.
(iii) An employee may elect, with the consent
of the employer, to accrue some or all rostered days off for the purpose of
creating a bank to be drawn upon at time mutually agreed between the employer
and employee, or subject to reasonable notice by the employee or the employer.
(iv) This subclause is subject to the employer
informing each union which is both party to the award and which has members
employed at the particular enterprise of its intention to introduce an
enterprise system of RDO flexibility, and providing a reasonable opportunity
for the union(s) to participate in negotiations.
32. REDUNDANCY
(A) Application
(i) This clause shall apply in respect of
full-time persons employed in the classifications specified by Clause 3 -
Classification Structure.
(ii) In respect to employers who employ more
than 15 employees immediately prior to the termination of employment of
employees, in the terms of paragraph (i) of subclause (D) of this clause.
(iii) Notwithstanding anything contained
elsewhere in this award, this clause shall not apply to employees with less
than one year's continuous service and the general obligation on employers
shall be not 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.
(iv) Notwithstanding anything contained
elsewhere in this award, this clause 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.
(B) Introduction
of Change
(i) 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 effect 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.
Provided that where this award
makes provision for alteration of any of the matter referred to herein, an
alteration shall be deemed not to have significant effect.
(ii) Employer's duty to discuss change
(a) The employer shall discuss with the
employees affected and the union to which they belong, inter alia, the
introduction of the changes referred to in subparagraph (a) of paragraph (i) of
this subclause, 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 discussions shall commence as early
as practicable after a definite decision has been made by the employer to make
the changes referred to in the said paragraph (a).
(c) For the purposes of such discussions,
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 the 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.
(C) Redundancy
(i) 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
done by anyone pursuant to subclause (B) - Introduction of Change, 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 provisions of subparagraph (a) of this paragraph and shall cover,
inter alia, 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 purpose of the discussion the
employer shall, as soon as is practicable, provide to the employees concerned
and the union to which they belong, all relevant information about the proposed
terminations, including the reasons for the proposed terminations, the number
and categories of employees likely to be affected and 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.
(D) Termination
of Employment
(i) Notice for changes in production, program, organisation or
structure
This paragraph 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 subparagraph
(a) of paragraph (i.) of subclause (B) of this clause.
(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 notice, with not less than
two years continuous service, shall be entitled to an additional week’s notice.
(c) Payment in lieu of 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.
(ii) Notice for technological change
This paragraph sets out the notice
provision to be applied to terminations by the employer for reasons arising
from technology in accordance with subparagraph (a) of paragraph (I) of
subclause (B) of this clause.
(a) In order to terminate the employment of an employee the
employer shall give to the emp
yee three months
notice of termination.
(b) Payment in lieu of 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.
(iii) Time off during 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.
(iv) 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
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.
(v) 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.
(vi) 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
employees likely to be affected and the period over which the terminations are
intended to be carried out.
(vii) 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
Centrelink.
(viii) Transfer to lower paid duties
Where an employee is transferred
to lower paid duties for reasons set out in subparagraph (a) of paragraph (I)
of subclause (B) of this clause, 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 rate for the number of weeks notice still owing.
(E) Severance
Pay
(i) Where the employment of an employee is
to be terminated pursuant to subclause (D) of this clause, subject to further
order of the Industrial Relations Commission of New South Wales, the employer
shall pay 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 3 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 of age or over,
the entitlement shall be in accordance with the following scale:
Years of Service
|
45 Years of Age and Over 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) ‘Week’s pay means the all-purpose rate
of pay 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 this
award.
(ii) 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 paragraph (i) of this subclause.
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
the said paragraph (i.) will have on the employer.
(iii) Alternative employment
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 the said paragraph (i.) if the employer obtains acceptable
alternative employment for an employee.
(F) Savings
Clause
Nothing in this clause shall be
construed so as to require the reduction or alteration of more advantageous
benefits or conditions which an employee may be entitled to under any existing
redundancy agreement, taken as a whole, between the union and any employer
bound by this award.
33. TRAINING WAGE
(1) Application
(a) Subject to paragraph (c) of this
subclause, this clause shall apply to persons who are undertaking a traineeship
(as defined) and is to be read in conjunction with this award.
(b) Notwithstanding (a), this clause shall apply provisionally
for an interim period:
(i) Starting upon the commencement date as
recorded on a valid "Application to Establish a Traineeship" signed
by both the employer and the Trainee, which has been lodged with the Relevant
NSW Training Authority; and
(ii) Ending upon the expiry of one calendar
month period immediately following the employer’s receipt of the Indenture
Papers from the Relevant NSW Training Authority. In any case, the duration for which this clause may provisionally
apply shall be no longer than two calendar months, or such longer period as may
be required to accommodate a delay in processing the "Application to
Establish a Traineeship" which is beyond the control of the employer.
(c) The terms and conditions of this clause shall apply, except
where inconsistent with this award.
(d) Notwithstanding the foregoing, this clause
shall not apply to employees who were employed by an employer under this award
prior to the date of approval of a traineeship relevant to the employer, except
where agreed upon between the employer and the relevant union(s).
(e) This clause does not apply to the
apprenticeship system or any training program which applies to the same
occupation and achieves essentially the same training outcome as an existing
apprenticeship in an award as at 27 April, 1998 or in an award that binds the
employer.
(f) At the conclusion of the traineeship,
this clause shall cease to apply to the employment of the trainee.
(2) Objective
The objective of this clause is to
assist in the establishment of a system of traineeships which provides approved
training in conjunction with employment in order to enhance the skill levels
and future employment prospects of trainees, particularly young people, and the
long term unemployed. The system is neither designed nor intended for those who
are already trained and job ready. It is not intended that existing employees
shall be displaced from employment by trainees. Nothing in this clause shall be
taken to replace the prescription of training requirements in this award.
(3) Definitions
Structured Training means that
training which is specified in the Training Plan which is part of the Training
Agreement registered with the relevant NSW Training Authority. It includes training undertaken both on and
off-the-job in a Traineeship and involves formal instruction, both theoretical
and practical, and supervised practice.
The training reflects the requirements of a Traineeship approved by the
relevant NSW Training Authority and leads to a qualification set out in
paragraph (f) subclause (4).
Trainee is an individual who is a
signatory to a training agreement registered with the relevant NSW Training
Authority and is involved in paid work and structured training which may be on
or off the job. A trainee can be
full-time, part-time or school-based.
Traineeship means a system of
training, which has been approved by the relevant NSW Training Authority, and
includes full time traineeships and part time traineeships including
school-based traineeships.
Training Agreement means an
instrument which establishes a Traineeship under the Industrial and Commercial Act 1989. (Note: Under the
Industrial and Commercial Training Act a training agreement is also referred to
as an indenture).
Training Plan means a programme of
training which forms part of a Training Agreement registered with the Relevant
NSW Training Authority.
School-Based Trainee is a student
enrolled in the Higher School Certificate, or equivalent qualification, who is
undertaking a traineeship which forms a recognised component of their HSC
curriculum, and is endorsed by the relevant NSW Training Authority and the NSW
Board of Studies as such.
Relevant NSW Training Authority
means the Department of Education and Training, or successor organisation.
Year 10 For the purposes of this
clause any person leaving school before completing Year 10 shall be deemed to
have completed Year 10.
(4) Training
Conditions
(a) The Trainee shall attend an approved
training course or training program prescribed in the Training Agreement or as
notified to the trainee by the Relevant NSW Training Authority in an accredited
and relevant traineeship.
(b) A Traineeship shall not commence until
the relevant Training Agreement, has been signed by the employer and the
trainee and lodged for registration with the Relevant NSW Training Authority.
(c) The employer shall ensure that the
Trainee is permitted to attend the training course or program provided for in
the Training Agreement and shall ensure that the Trainee receives the
appropriate on-the-job training.
(d) The employer shall provide a level of
supervision in accordance with the Training Agreement during the traineeship
period.
(e) The employer agrees that the overall
training program will be monitored by officers of the Relevant NSW Training
Authority and that training records or work books may be utilised as part of
this monitoring process.
(f) Training shall be directed at:
(i) the achievement of key competencies
required for successful participation in the workplace (e.g. literacy,
numeracy, problem solving, team work, using technology) and an Australian
Qualification Framework Certificate Level I.
This could be achieved through
foundation competencies which are part of endorsed competencies for an industry
or enterprise; and/or
(ii) the achievement of key competencies
required for successful participation in an industry or enterprise (where there
are endorsed national standards these will define these competencies) as are
proposed to be included in an Australian Qualification Framework Certificate Level
II or above.
(5) Employment
Conditions
(a) A Trainee shall be engaged as a
full-time employee for a maximum of one year's duration or a part-time trainee
for a period no greater than the equivalent of one year full-time employment.
For example, a part-time trainee
working 2 ½ days per week (including the time spent in Structure training)
works (and trains) half the hours of a full-time trainee and therefore their
traineeship could extend for a maximum of two years.
In any event, unless the Relevant
NSW Training Authority directs, the maximum duration for a traineeship shall be
thirty six months.
By agreement in writing, and with
the consent of the relevant NSW Training Authority, the relevant employer and
the Trainee may vary the duration of the Traineeship and the extent of
Structured training provided that any agreement to vary is in accordance with
the relevant Traineeship.
(b) A trainee shall be subject to a
satisfactory probation period of up to one month which may be reduced at the
discretion of the employer.
(c) Where the trainee completes the
qualification in the Training Agreement, earlier than the time specified in the
Training Agreement then the traineeship may be concluded by mutual agreement.
(d) A traineeship shall not be terminated
before its conclusion, except in accordance with the Industrial and Commercial
Training Act 1989, or by mutual agreement.
An employer who chooses not to
continue the employment of a trainee upon the completion of the traineeship
shall notify, in writing, the Relevant NSW Training Authority of their
decision.
(e) The Trainee shall be permitted to be
absent from work without loss of continuity of employment and/or wages to
attend the structured training in accordance with the Training Agreement.
(f) Where the employment of a Trainee by an
employer is continued after the completion of the traineeship period, such
traineeship period shall be counted as service for the purposes of the award or
any other legislative entitlements.
(g) (i) The
Traineeship Agreement may restrict the circumstances under which the Trainee
may work overtime and shift work in order to ensure the training program is
successfully completed.
(ii) No Trainee shall work overtime or shift
work on their own unless consistent with the provisions of this award.
(iii) No Trainee shall work shift work unless
the relevant parties to the award agree that such shift work makes satisfactory
provision for structured training. Such training may be applied over a cycle in
excess of a week, but must average over the relevant period no less than the
amount of training required for non-shift work Trainees.
(iv) The Trainee wage shall be the basis for
the calculation of overtime and/or shift penalty rates prescribed by this
award.
(h) All other terms and conditions of this
award that are applicable to the Trainee or would be applicable to the Trainee
but for this clause shall apply unless specifically varied by this clause.
(i) A Trainee who fails to either complete
the Traineeship or who cannot for any reason be placed in full time employment
with the employer on successful completion of the Traineeship shall not be
entitled to any severance payment.
The following
employment conditions apply specifically to part-time and school-based trainees.
(j) A part time trainee shall receive, on a
pro rata basis, all employment conditions applicable to a full time
trainee. All the provisions of clause
shall apply to part time trainees except as specified in this subclause.
(k) A part time trainee may, by agreement;
transfer from a part time to a full time traineeship position should one
becomes available.
(l) The minimum daily engagement periods
applying to part-time employees specified in the award shall also be applicable
to part time trainees.
Where there is no provision for a
minimum daily engagement period in the Parent Award(s) or other industrial
instrument(s), applying to part-time employees, then the minimum start per
occasion shall be 3 continuous hours, except in cases where it is agreed that
there shall be a start of 2 continuous hours, on 2 or more days per week,
provided that:
(i) a 2 hour start is sought by the
employee to accommodate the employee’s personal circumstances, or
(ii) the place of work is within a distance of 5km from the
employee’s place of residence.
(m) School-based trainees shall not be
required to attend work during the interval starting four weeks prior to the
commencement of the final year Higher School Certificate Examination period and
ending upon the completion of the individual’s last HSC examination paper.
(n) For the purposes of this clause, a
school-based trainee shall become an ordinary trainee as at January 1 of the
year following the year in which they ceased to be a school student.
(6) Wages
Wages - Full-Time Trainees
(a) The weekly wages payable to full time
trainees shall be as prescribed in Part C of the award, as follows:
Industry/Skill Level A
|
Tables 1(a), 2(a), 3(a)
|
Industry/Skill Level B
|
Tables 1(b), 2(b), 3(b)
|
Industry Skill Level C
|
Tables 1(c), 2(c), 3(c)
|
School-Based Trainees
|
Tables 1(d), 2(d), 3(d)
|
(b) These wage rates will only apply to
Trainees while they are undertaking an Traineeship which includes structured
training as defined in this clause.
(c) The wage rates prescribed in this clause
do not apply to complete trade level training, which is covered by the
Apprenticeship system.
(d) Appendix A sets out the skill level of a
traineeship. The industry/skill levels
contained in Appendix A are, illustrative of the appropriate levels but are not
determinative of the actual skill levels (i.e., skill levels A, B or C) that
may be contained in a traineeship. The
determination of the appropriate skill level for the purpose of determining the
appropriate wage shall be based on the following criteria:
(i) Any agreement of the parties or submission by the parties
(ii) The nature of the industry
(iii) The total training plan
(iv) Recognition that training can be undertaken in stages
(v) The exit skill level in the award contemplated by the
traineeship.
In the event that the parties
disagree with such determination, it shall be open to any party to the award to
seek to have the matters in dispute determined by the Industrial Relations Commission
of New South Wales.
(e) For the purposes of this provision,
"out of school" shall refer only to periods out of school beyond Year
10, and shall be deemed to
(i) include any period of schooling beyond
Year 10 which was not part of nor contributed to a completed year of schooling;
(ii) include any period during which a
Trainee repeats in whole or part a year of schooling beyond Year 10;
(iii) not include any period during a calendar
year in which a year of schooling is completed; and
(iv) have effect on an anniversary date being January 1 in each
year.
Wages For
Part-Time And School-Based Trainees
(f) This clause shall apply to trainees who
undertake a traineeship on a part time basis by working less than full time
ordinary hours and by undertaking the approved training at the same or lesser
training time than a full-time trainee.
(g) Tables 1(e), 2(e) and 3(e) - Hourly
Rates for Trainees Who Have Left School and Tables 1(f), 2(f), and 3(f) - Hourly Rates for School-based Traineeships
of Part C, Monetary Rates are the hourly rates of pay where the training is
either fully off-the-job or where 20% of time is spent in approved
training. These rates are derived from
a 38 hour week.
(h) The hours for which payment shall be made are determined as
follows:
(i) Where the approved training for a
traineeship (including a school based traineeship) is provided off-the-job by a
registered training organisation, for example at school or at TAFE, these rates
shall apply only to the total hours worked by the part time trainee on-the-job.
(ii) Where the approved training is
undertaken on-the-job or in a combination of on-the-job and off-the-job, and
the average proportion of time to be spent in approved training is 20% (i.e.
the same as for the equivalent full time traineeship):
(1) If the training is solely on-the-job,
then the total hours on-the-job shall be multiplied by the applicable hourly
rate, and then 20 per cent shall be deducted.
(2) If the training is partly on-the-job and
partly off-the-job, then the total of all hours spent in work and training
shall be multiplied by the applicable hourly rate, and then 20 per cent shall
be deducted.
NOTE: 20 per cent is the
average proportion of time spent in approved training which has been taken into
account in setting the wage rates for most full time traineeships.
(iii) Where the normal full time weekly hours
are not 38 the appropriate hourly rate may be obtained by multiplying the rate
in the table by 38 and then dividing by the normal full time hours.
(i) For traineeships not covered by clause
8(b) above, the following formula for the calculation of wage rates shall
apply:
The wage rate shall be pro-rata
the full time rates based on variation in the amount of training and/or the
amount of work over the period of the traineeship which may also be varied on
the basis of the following formula:
Wage = Full-time wage rate x
Trainee hours - average weekly training time
30.4*
* NOTE: 30.4 in the above formula
represents 38 ordinary full time hours less the average training time for full
time trainees (i.e. 20%) a pro rata adjustment will need to be made in the case
where the Parent Award specifies different ordinary full time hours: for
example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.
(i) "Full time wage rate" means
the appropriate rate as set out in Table 1 - Industry/Skill Level A, Table 2 -
Industry/Skill Level B, Table 3 - Industry/Skill Level C and Table 4 -
School-based Traineeships of Part B, Monetary Rates.
(ii) "Trainee hours" shall be the
hours worked per week including the time spent in approved training. For the purposes of this definition, the
time spent in approved vocational training may be taken as an average for that
particular year of the traineeship.
(iii) "Average weekly training time"
is based upon the length of the traineeship specified in the training agreement
as follows:
Average Weekly Training Time = 7.6 x 12 _ length of the traineeship in months
Note 1: 7.6 in the above formula represents the average weekly
training time for a full time trainee whose ordinary hours are 38 per week. A
pro rata adjustment will need to be made in the case where this Award specifies
different ordinary time hours for example, where the ordinary weekly hours are
40, 7.6 will be replaced by 8.
Note 2: The parties note that the training agreement will
require a trainee to be employed for sufficient hours to complete all
requirements of the traineeship, including the on the job work experience and
demonstration of competencies. The parties also note that this would result in
the equivalent of a full day’s on the job work per week.
Example of the Calculation for the Wage Rate for a
Part-Time Traineeship
A school student commences a traineeship in year 11 the
ordinary hours of work in the Parent Award are 38. The training agreement
specifies two years (24 months) as the length of the traineeship.
"Average weekly training time" is therefore 7.6
x 12/24 = 3.8 hours.
"Trainee hours" totals 15 hours; these are made
up of 11 hours work which is worked over two days of the week plus 1-1/2
hours on the job training plus 2-1/2 hours off the job approved training at
school and at TAFE.
So the wage rate in year 11 is:
$181 x 15 - 3.8 = $66.68 plus any applicable penalty rates
under the Parent Award.
30.4
The wage rate varies when the student completes year 11
and passes the anniversary date of 1 January the following year to begin year
12 and/or if "trainee hours" changes.
|
(7) Grievance
Procedures for Trainees
(a) Procedures relating to grievances of individual trainees
(i) A trainee shall notify the employer as
to the substance of any grievance and request a meeting with the employer for
bilateral discussions in order to settle the grievance.
(ii) If no remedy to the trainee’s grievance
is found, then the trainee shall seek further discussions and attempt to
resolve the grievance at a higher level of authority, where appropriate.
(iii) Reasonable time limits must be allowed for discussions at each
level of authority.
(iv) At the conclusion of the discussions, the
employer must provide a response to the trainee’s grievance, if the matter has
not been resolved, including reasons for not implementing any proposed
remedy. At this stage an employer or a
trainee may involve an industrial organisation of employers or employees of which
he/she is a member.
(v) If no resolution of the trainee’s
grievance can be found, then the matter may be referred to the Industrial
Relations Commission of New South Wales by either the trainee or the employer
or the industrial organization representing either party.
(vi) While this grievance procedure is being followed, normal work
shall continue.
(b) Procedures relating to disputes, etc., between employers and
their trainees:
(i) A question, dispute or difficulty must
initially be dealt with at the workplace level where the problem has arisen. If the problem cannot be resolved at this
level, the matter shall be referred to a higher level of authority.
(ii) If no resolution can be found to the
question, dispute or difficulty the matter may be referred to the Industrial
Relations Commission of New South Wales by any party to the dispute or the
industrial organization representing any of the parties to the dispute.
(iii) Reasonable time limits must be allowed for discussion at each
level of authority.
(iv) While a procedure is being followed, normal work must
continue.
(v) The employer may be represented by an
industrial organisation of employers and the trainees may be represented by an
industrial organisation of employees for the purpose of each procedure.
34. SETTLEMENT OF DISPUTES
Subject to the provisions of the Industrial Relations Act 1996, any dispute shall be dealt with in
the following manner:
(i) where a dispute arises at a particular
job location which cannot be resolved between the employees or their
representative and the supervising staff, it shall be referred to the
Industrial Officer or other officer nominated by the employer who will then
arrange for the matter to be discussed with the union or unions concerned;
(ii) failing settlement of the issue at this
level the matter should be referred to senior management and if appropriate the
assistance of an officer of the relevant employer organisation requested;
(iii) if the matter remains unresolved it
should be referred to the Industrial Relations Commission under the Industrial Relations Act 1996;
(iv) whilst these procedures are continuing,
no stoppage of work or any other form of limitation of work shall be applied;
(v) the right is
reserved to the parties to vary this procedure where a safety factor is involved.
35. LEAVE RESERVED
(i) Leave is reserved to apply for
variation of this award following any variation in the General Construction and
Maintenance, Civil and Mechanical Engineering, &c (State) Award.
36. SUPERANNUATION
(a) The subject of superannuation
contributions 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 s124 of the Industrial Relations Act 1996 (NSW). The legislation, as varied
from time to time, governs the superannuation rights and obligations of the
parties.
(b) Subject to
the requirements of this legislation, superannuation contributions may be made
to:
Australian Superannuation Savings
Employment Trust (ASSET)
Australian Primary Industry
Superannuation Fund (APISF)
First State Super (FSS)
Australian Public Superannuation
(APS)
Or such other funds that comply
with the requirements of this legislation.
NOTATION: Employer contributions
under relevant legislation are set at 7% until 30 June 2000, when they will
increase to 8% and a final adjustment of 9% from 1 July 2002.
37. WORKING IN THE RAIN
All employees called upon to work in the rain shall be paid
the allowance prescribed by Item 15 of Table 2 - Other Rates and Allowances, of
Part B - Monetary Rates, in addition to their ordinary rates, irrespective of
the time worked.
38. AREA, INCIDENCE AND
DURATION
The award published on 20 March 1998 took effect from the
first full pay period to commence on or after 11 June 1997.
(The changes made to the award pursuant to the Award Review
pursuant to section 19 (6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of the New South Wales on 18
December 1998 (308 IG 307) take effect on and from 8 June 2001.
This award is made following a review under section 19 of the
Industrial Relations Act 1996 and
rescinds and replaces the Surveyors’ Field Hands (State) Award published 20
March 1998 (303 I.G. 1167) and all variations thereof. It shall apply to all employees of the
classes mentioned in Clause 3, Wages, within the jurisdiction of the Surveyors'
Assistants (State) Industrial Committee in the State, excluding the County of
Yancowinna and also excluding those employees covered by the Crown Employees
(Roads & Traffic Authority of NSW - Wages Staff) Award.
This award remains in force until varied or rescinded, the
period for which it was made already having expired.
PART B
MONETARY RATES
Table 1 - Wage Private Sector
Weekly Hands Classification
|
Old Rate
$
|
SWC 2000
$
|
Weekly Rate
$
|
Instrument Person
|
458.40
|
15.00
|
473.40
|
|
456.00
|
15.00
|
471.00
|
|
432.60
|
15.00
|
447.60
|
|
422.00
|
15.00
|
437.00
|
|
452.90
|
15.00
|
467.90
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount ($)
|
1
|
3(i)(b)
|
Daily Hands
|
4.35
|
2
|
3(ii)
|
Motor Vehicle/Launch Allowance
|
1.85 per day
|
3
|
3(ii)
|
Four-wheel-drive Allowance
|
2.40 per day
|
4
|
3(iii)
|
Hydrographics Duties Allowance
|
1.90 per day
|
5
|
3(v)
|
Inclement Weather Allowance
|
21.15
|
6
|
4(i)
|
Wet Places Allowance
|
0.43 per day
|
7
|
6
|
Underground Work Allowance
|
0.48 per day
|
8
|
14(i)
|
Distant Places Allowance
|
0.85 per day
|
|
14(i)
|
Distant Places Western Division
|
1.45 per day
|
9
|
14(ii)
|
Distant Places Snowy River
|
1.45 per day
|
10
|
17(iii)
|
First-aid Allowance
|
1.85 per day
|
11
|
20(ii)(d)
|
Meal Allowance
|
9.30
|
|
28
|
Meal Allowance
|
9.30
|
|
28
|
Each Subsequent Meal
|
7.90
|
12
|
20(ii)(d)
|
Bed Allowance
|
50.05
|
13
|
20(v)(a)
|
Return Home Allowance
|
37.50
|
14
|
20(vii)
|
Travelling Allowance (Public Sector)
|
Per Day
|
|
|
More than 3 but not more than 10 km
|
3.70
|
|
|
More than 10 but not more than 20 km
|
7.75
|
|
|
More than 20 but not more than 30 km
|
11.60
|
|
|
More than 30 but not more than 40 km
|
15.50
|
|
|
More than 40 but not more than 50 km
|
19.05
|
|
|
More than 50 but not more than 60 km
|
22.75
|
|
|
More than 60 but not more than 70 km
|
26.70
|
|
|
More than 70 but not more than 80 km
|
30.40
|
|
|
More than 80 but not more than 90 km
|
34.10
|
|
|
More than 90 but not more than 100 km
|
38.05
|
15
|
37
|
Rain Allowance
|
2.05
|
PART C
MONETARY RATES - TRAINEESHIPS
(1) The following monetary rates shall apply
from the beginning of the first full pay period on or after 8 June 2001.
Table 1(a) - Weekly Rates - Industry/Skill Level A
Where the accredited training
course and work performed are for the purpose of generating skills which have
been defined for work at Skill Level A.
|
Highest Year of
Schooling Completed
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver
|
138.00 (50%)
161.00 (33%)
|
171.00 (33%)
193.00 (25%)
|
235.00
|
Plus 1 year out of school
|
193.00
|
235.00
|
274.00
|
Plus 2 years
|
235.00
|
274.00
|
319.00
|
Plus 3 years
|
274.00
|
319.00
|
364.00
|
Plus 4 years
|
319.00
|
364.00
|
|
Plus 5 years or more
|
364.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 1(b) - Weekly Rates -
Industry/Skill Level B
Where the accredited training course and work performed are for
the purpose of generating skills which have been defined for work at Skill
Level B.
|
Highest Year of
Schooling Completed
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver
|
138.00 (50%)
161.00 (33%)
|
171.00 (33%)
193.00 (25%)
|
225.00
|
Plus 1 year out of school
|
193.00
|
225.00
|
259.00
|
Plus 2 years
|
225.00
|
259.00
|
304.00
|
Plus 3 years
|
259.00
|
304.00
|
346.00
|
Plus 4 years
|
304.00
|
346.00
|
|
Plus 5 years or more
|
346.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 1(c) - Weekly Rates -
Industry/Skill Level C
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Skill
Level C.
|
Highest Year of
Schooling Completed
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver
|
138.00 (50%)
161.00 (33%)
|
171.00 (33%)
193.00 (25%)
|
214.00
|
Plus 1 year out of school
|
193.00
|
214.00
|
240.00
|
Plus 2 years
|
214.00
|
240.00
|
269.00
|
Plus 3 years
|
240.00
|
269.00
|
301.00
|
Plus 4 years
|
269.00
|
301.00
|
|
Plus 5 years or more
|
301.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 1(d) - School-Based
Traineeships
|
Year of Schooling
|
|
Year 11
|
Year 12
|
|
$
|
$
|
School based traineeships Skill Levels A, B and C
|
176.00
|
193.00
|
Table 1(e) - Hourly Rates for
Trainees Who Have Left School
Skill Level A
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
School leaver
|
5.79
|
6.34
|
7.73
|
Plus 1 year after leaving school
|
6.34
|
7.73
|
9.01
|
Plus 2 years
|
7.73
|
9.01
|
10.49
|
Plus 3 years
|
9.01
|
10.49
|
11.97
|
Plus 4 years
|
10.49
|
11.97
|
|
Plus 5 years or more
|
11.97
|
|
|
Skill Level B
|
|
|
|
School leaver
|
5.79
|
6.34
|
7.40
|
Plus 1 year after leaving school
|
6.34
|
7.40
|
8.52
|
Plus 2 years
|
7.40
|
8.52
|
10.00
|
Plus 3 years
|
8.52
|
10.00
|
11.38
|
Plus 4 years
|
10.00
|
11.38
|
|
Plus 5 years or more
|
11.38
|
|
|
Skill Level C
|
|
|
|
School leaver
|
5.79
|
6.34
|
7.04
|
Plus 1 year after leaving school
|
6.34
|
7.04
|
7.89
|
Plus 2 years
|
7.04
|
7.89
|
8.85
|
Plus 3 years
|
7.89
|
8.85
|
9.90
|
Plus 4 years
|
8.85
|
9.90
|
|
Plus 5 years or more
|
9.90
|
|
|
Table 1(f) - Hourly Rates for
School-Based Traineeships
|
Year of Schooling
|
|
Year 11
|
Year 12
|
Skills levels A, B and C
|
$
5.79
|
$
6.34
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
(2) The following monetary rates shall apply
from the beginning of the first full pay period on or after 8 August, 2001.
Table 2(a) - Weekly Rates -
Industry/Skill Level A
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Skill
Level A.
|
Highest Year of
Schooling Completed
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver
|
142.00 (50%)
165.00 (33%)
|
176.00 (33%)
198.00 (25%)
|
241.00
|
Plus 1 year out of school
|
198.00
|
241.00
|
281.00
|
Plus 2 years
|
241.00
|
281.00
|
327.00
|
Plus 3 years
|
281.00
|
327.00
|
374.00
|
Plus 4 years
|
327.00
|
374.00
|
|
Plus 5 years or more
|
374.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 2(b) - Weekly Rates -
Industry/Skill Level B
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Skill
Level B.
|
Highest Year of Schooling Completed
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver
|
142.00 (50%)
165.00 (33%)
|
176.00 (33%)
198.00 (25%)
|
231.00
|
Plus 1 year out of school
|
198.00
|
231.00
|
266.00
|
Plus 2 years
|
231.00
|
266.00
|
312.00
|
Plus 3 years
|
266.00
|
312.00
|
356.00
|
Plus 4 years
|
312.00
|
356.00
|
|
Plus 5 years or more
|
356.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 2(c) - Weekly Rates -
Industry/Skill Level C
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Skill
Level C.
|
Highest Year of
Schooling Completed
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver
|
142.00 (50%)
165.00 (33%)
|
176.00 (33%)
198.00 (25%)
|
221.00
|
Plus 1 year out of school
|
198.00
|
221.00
|
248.00
|
Plus 2 years
|
221.00
|
248.00
|
278.00
|
Plus 3 years
|
248.00
|
278.00
|
311.00
|
Plus 4 years
|
278.00
|
311.00
|
|
Plus 5 years or more
|
311.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 2(d) - School-Based
Traineeships
|
Year of Schooling
|
|
Year 11
|
Year 12
|
|
$
|
$
|
School based traineeships Skill Levels A, B and C
|
181.00
|
198.00
|
Table 2(e) - Hourly Rates for
Trainees Who Have Left School
Skill Level A
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
School leaver
|
5.95
|
6.51
|
7.93
|
Plus 1 year after leaving school
|
6.51
|
7.93
|
9.24
|
Plus 2 years
|
7.93
|
9.24
|
10.76
|
Plus 3 years
|
9.24
|
10.76
|
12.30
|
Plus 4 years
|
10.76
|
12.30
|
|
Plus 5 years or more
|
12.30
|
|
|
Skill Level B
|
|
|
|
School leaver
|
5.95
|
6.51
|
7.60
|
Plus 1 year after leaving school
|
6.51
|
7.60
|
8.75
|
Plus 2 years
|
7.60
|
8.75
|
10.26
|
Plus 3 years
|
8.75
|
10.26
|
11.71
|
Plus 4 years
|
10.26
|
11.71
|
|
Plus 5 years or more
|
11.71
|
|
|
Skill Level C
|
|
|
|
School leaver
|
5.95
|
6.51
|
7.27
|
Plus 1 year after leaving school
|
6.51
|
7.27
|
8.16
|
Plus 2 years
|
7.27
|
8.16
|
9.14
|
Plus 3 years
|
8.16
|
9.14
|
10.23
|
Plus 4 years
|
9.14
|
10.23
|
|
Plus 5 years or more
|
10.23
|
|
|
Table 2(f) - Hourly Rates for
School-Based Traineeships
|
Year of Schooling
|
|
Year 11
|
Year 12
|
Skills levels A, B and C
|
$
5.95
|
$
6.51
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
(3) The following monetary rates shall apply
from the beginning of the first full pay period on or after 8 October, 2001.
Table 3(a) - Weekly Rates -
Industry/Skill Level A
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Skill
Level A.
|
Highest Year of Schooling Completed
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver
|
187.00
|
205.00
|
249.00
|
Plus 1 year out of school
|
205.00
|
249.00
|
290.00
|
Plus 2 years
|
249.00
|
290.00
|
337.00
|
Plus 3 years
|
290.00
|
337.00
|
386.00
|
Plus 4 years
|
337.00
|
386.00
|
|
Plus 5 years or more
|
386.00
|
|
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 3 (b) - Weekly Rates -
Industry/Skill Level B
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Skill
Level B.
|
Highest Year of Schooling Completed
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver
|
187.00
|
205.00
|
239.00
|
Plus 1 year out of school
|
205.00
|
239.00
|
275.00
|
Plus 2 years
|
239.00
|
275.00
|
323.00
|
Plus 3 years
|
275.00
|
323.00
|
368.00
|
Plus 4 years
|
323.00
|
368.00
|
|
Plus 5 years or more
|
368.00
|
|
|
The average proportion of time spent in structured training which
has been taken into account in setting the above rates is 20 per cent.
Table 3(c) - Weekly Rates -
Industry/Skill Level C
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Skill
Level C.
|
Highest Year of Schooling Completed
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver
|
187.00
|
205.00
|
230.00
|
Plus 1 year out of school
|
205.00
|
230.00
|
258.00
|
Plus 2 years
|
230.00
|
258.00
|
289.00
|
Plus 3 years
|
258.00
|
289.00
|
323.00
|
Plus 4 years
|
289.00
|
323.00
|
|
Plus 5 years or more
|
323.00
|
|
|
The average proportion of time spent in structured training which
has been taken into account in setting the above rates is 20 per cent.
Table 3 (d) - School-Based
Traineeships
|
Year of Schooling
|
|
Year 11
|
Year 12
|
|
$
|
$
|
School based traineeships Skill Levels A, B and C
|
187.00
|
205.00
|
Table 3(e) - Hourly Rates for
Trainees Who Have Left School
Skill Level A
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
School leaver
|
6.15
|
6.74
|
8.19
|
Plus 1 year after leaving school
|
6.74
|
8.19
|
9.54
|
Plus 2 years
|
8.19
|
9.54
|
11.09
|
Plus 3 years
|
9.54
|
11.09
|
12.70
|
Plus 4 years
|
11.09
|
12.70
|
|
Plus 5 years or more
|
12.70
|
|
|
Skill Level B
|
|
|
|
School leaver
|
6.15
|
6.74
|
7.86
|
Plus 1 year after leaving school
|
6.74
|
7.86
|
9.05
|
Plus 2 years
|
7.86
|
9.05
|
10.63
|
Plus 3 years
|
9.05
|
10.63
|
12.11
|
Plus 4 years
|
10.63
|
12.11
|
|
Plus 5 years or more
|
12.11
|
|
|
Skill Level C
|
|
|
|
School leaver
|
6.15
|
6.74
|
7.57
|
Plus 1 year after leaving school
|
6.74
|
7.57
|
8.49
|
Plus 2 years
|
7.57
|
8.49
|
9.51
|
Plus 3 years
|
8.49
|
9.51
|
10.63
|
Plus 4 years
|
9.51
|
10.63
|
|
Plus 5 years or more
|
10.63
|
|
|
Table 3(f) - Hourly Rates for
School-Based Traineeships
|
Year of Schooling
|
|
Year 11
|
Year 12
|
Skills levels A, B and C
|
$
6.15
|
$
6.74
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
APPENDIX A - INDUSTRY SKILL LEVELS
Industry/Skill Level
A:
Office Clerical
Commonwealth Public Sector Clerical
State Public Sector Clerical
Local Government Clerical
Finance, Property and Business Services
Industry/Skill Level
B:
Wholesale and Retail
Recreation and Personal Services
Transport and Storage
Manufacturing
Industry/Skill Level
C:
Community Service and Health
Pastoral
Environmental
Wholesale and Retail - Vehicle Repair Services and Retail
Sector
SURVEYORS' ASSISTANTS (STATE) INDUSTRIAL COMMITTEE
INDUSTRIES AND CALLINGS
Surveyors' assistants in the State, excluding the County of
Yancowinna;
excepting employees of -
State Rail Authority of New South Wales;
State Transit Authority of New South Wales;
The Water Board;
The Hunter District Water Board;
The Council of the City of Sydney;
Sydney Electricity;
The Electricity Commission of New South Wales, trading as
Pacific Power;
The Broken Hill Proprietary Company Limited;
Shire and Municipal Councils;
Australian Iron and
Steel Proprietary Limited, within the
jurisdiction of the Iron and Steel
Works Employees (Australian Iron & Steel
Proprietary Limited) Industrial
Committee and the Quarries (Australian
Iron and Steel Pty Limited) Industrial Committee;
Australian Wire Industries Pty Ltd at its Newcastle
Wiremill;
Blue Circle Southern Cement Limited;
The Council of the City of Newcastle;
The Australian Gas Light Company;
and excepting -
Employees within the jurisdiction of the Special Steels and
Steel Products Manufacture (Commonwealth Steel Company Limited) Industrial
Committee; the Tubemakers of Australia Limited, Newcastle Industrial Committee;
the County Councils (Electricity Undertakings) Employees Industrial Committee;
the Crown Employees (General) Industrial
Committee (other than surveyors' labourers); the Crown Employees (Professional)
Industrial Committee; the John Lysaght (Australia) Limited Port Kembla
Industrial Committee; the John
Lysaght (Australia) Limited Unanderra Industrial Committee and the Cement Workers, &c. (State) Industrial Committee.
B. W. O'NEILL,
Commissioner
____________________
Printed by the authority of the Industrial Registrar.