Electricians,
&c. (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
FULL BENCH
Application by Electrical
Trades Union of Australia, New South Wales Branch, Industrial
Organisation of Employees.
(No. IRC 981 of 2006)
|
The Honourable Justice
Walton, Vice-President
|
23 March 2006
|
|
The Honourable Justice
Boland
|
|
|
Commissioner Tabbaa
|
|
VARIATION
1. Delete clause
20, Holiday and Sunday Work, of the award published 29 June 2001 (325 I.G.
808), and inert in lieu thereof the following:
20. Holiday and
Sunday Work
20.1 Holidays
20.1.1 Prescribed Holidays
20.1.1.1 An employee on weekly hiring shall
be entitled, without loss of pay, to public holidays as follows: New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's
Birthday, Six Hour Day (or Labour Day), Christmas Day, Boxing Day or such other
day as is generally observed in the locality as a substitute for any of the
said days respectively, and/or proclaimed or gazetted holiday throughout the
State.
20.1.1.2 By mutual agreement between an
employer and employee, other days may be substituted for the said days or any
of them as to such employer's undertaking.
20.1.2 Payment for Work on a Holiday
20.1.2.1 An employee not engaged on
continuous work shall be paid at the rate of double time and a half for work on
a public holiday, such double time and a half to continue until he/she is
relieved from duty.
20.1.2.2 An employee required to work on a
holiday shall be paid for a minimum of 4 hours' work at double time and a half.
20.1.3 Absence Before or After a
Holiday: An employee shall not be entitled to payment for a holiday if he/she
is absent from work:
20.1.3.1 Without reasonable excuse; or
20.1.3.2 Without the consent of his/her
employer;
on
the ordinary working day before or the ordinary working day after a holiday.
20.2 Industry Picnic Day
20.2.1 Prescribed Holiday: In addition to
holidays prescribed in subclause 20.1.1.1, an additional public holiday to be
known as an industry picnic day shall apply to weekly hire employees. It shall
be observed on the first Monday in December each year.
20.2.2 Granting of Holiday
20.2.2.1 All employees in the construction
industry to whom this section applies shall, as far as practicable, be given
and shall take this industry picnic day without loss of pay.
20.2.2.2 In respect of all other employees to
whom 20.2 applies, any other day may be substituted for the industry picnic day
by mutual agreement between any employer and employee.
20.2.3 Payment for Work on Picnic Day
20.2.3.1 An employee who is required to work
on the industry picnic day or the day substituted therefore shall be paid at
the rate of double time and a half, such rate to continue until he/she is
relieved from duty.
20.2.3.2 An employee required to work on the
industry picnic day, or the day
substituted therefore shall be paid for a minimum of 4 hours work at double
time and a half.
20.2.4 Absence Before or After Industry
Picnic Day: An employee shall not be entitled to payment for the industry
picnic day or the day substituted therefore if he/she is absent from work:
20.2.4.1 Without reasonable excuse; or
20.2.4.2 Without the consent of his or her
employer;
on
the ordinary working day before or the ordinary working day after the industry
picnic day or substituted therefore.
20.2.5 Evidence of Attendance at The
Industry Picnic Day: An employer may require from an employee evidence of
his/her attendance at the picnic and the production of the butt of the
employee's picnic ticket shall be sufficient evidence of such attendance. Where
such evidence is requested by the employer, payment need not be made unless the
evidence is produced.
20.3 Sundays - Payment for Work on Sundays:
20.3.1 An employee who works on a
Sunday, shall be paid at the rate of double time for such work, such double
time to continue until he/she is relieved from duty.
20.3.2 An employee required to work on a
Sunday shall be paid for a minimum of 4 hour's work at double time.
20.4 General
The
following shall have application to all other sections of this Clause:
20.4.1 Rest Period After Holiday or
Sunday Work: An employee, not engaged on continuous work, who works on a
holiday or a Sunday and (except for meal breaks) immediately thereafter
continues such work shall, on being relieved from duty be entitled to be absent
until he/she has had 10 consecutive hours off duty without deduction of pay for
ordinary time occurring during such absence.
20.4.2 Meal Allowance - Holidays and
Sundays:
20.4.2.1 An employee not engaged on
continuous work, required to work for more than 4 hours on a holiday or a
Sunday without being notified on the previous day or earlier that he/she will
be so required to work, shall either be supplied with a meal by the employer or
paid an amount as set in Item 6 of Table 4 - Expense Related Allowances of Part
B, Monetary Rates, for the meal taken during his/her first crib break and
during each subsequent crib break. Provided that such payment need not be made
to employees living in the same locality as their workshops who can reasonably
return home for meals.
20.4.2.2 An employee who, pursuant to notice,
has provided a meal or meals and is not required to work on a holiday or Sunday
or is required to work for a lesser period of time than advised, shall be paid
the rates prescribed in 20.4.2.1 of this Clause for meals which he/she has
provided but which are surplus.
20.4.3 Holidays to be Paid on
Termination of Employment:
20.4.3.1 An employer who terminates the
employment of an employee engaged on weekly employment on construction work in
connection with the erection, repair, maintenance, renovation or demolition of
buildings or structures, shall pay the employee his/her ordinary wages for each
holiday in a group as prescribed in 20.4.3.2, which falls within 10 consecutive
days on and from the date that notice of termination is given.
20.4.3.2 For the purpose of this award, the
following shall be the holidays in a group:
20.4.3.2.1 Christmas Day, Boxing Day, New Year's
Day and additional holidays gazetted in connection with those days.
20.4.3.2.2 Good Friday, Easter Saturday (where it
is applicable as a holiday for the employee), Easter Monday and additional
holidays gazetted in connection with those days.
20.4.3.3 Where the first day of the group of
holidays falls within 10 consecutive days on and from the date that notice of
termination is given, the whole group shall be deemed to fall within 10 days.
20.4.3.4 An employee shall not be entitled to
receive payment from more than one employer in respect of the same holiday or
group of holidays.
An employee
shall, on request by his/her employer, make a statutory declaration or other
written statement satisfactory to his/her new employer, of the payments made by
any other employer for the holidays referred to in this subsection where any of
such holidays occurs within 10 consecutive days after the commencement of
his/her employment with that employer.
20.4.3.5 An employee shall not be entitled to
the payment referred to in 20.4.3.1 for the holidays prescribed by 20.4.3 where
his/her employer dismisses him/her without notice for malingering,
inefficiency, neglect of duty or misconduct in accordance with the provisions
of 8.1.2.4, of Clause 8, Contract of Employment.
20.4.4 Maximum Period without Meal
Break: An employee shall not be compelled to work for more than 5 hours without
a break for a meal.
2. This
variation shall take effect on and from 23 March 2006.
M. J. WALTON J,
Vice-President.
R. P. BOLAND J.
I. TABBAA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.