SOCIAL AND
COMMUNITY SERVICES EMPLOYEES
(STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review
of Awards pursuant to Section 19 of the Industrial
Relations Act 1996.
(Nos. IRC 3120 and 3121 of
1999)
|
Before Mr Deputy President Grayson
|
10 August 2001
|
REVIEWED AWARD
PART A
1. Arrangement
|
Clause No
|
Subject Matter
|
|
1.
|
Arrangement
|
|
2.
|
Definitions
|
|
3.
|
Terms of Engagement
|
|
4.
|
Casual Employees
|
|
5.
|
Part-time Employees
|
|
6.
|
Live-in Workers
|
|
7.
|
Calculation of Continuous Service
|
|
8.
|
Classification and Incremental Placement
|
|
9.
|
Payment of Wages
|
|
10.
|
Rates of Pay
|
|
11.
|
Superannuation
|
|
12.
|
Hours of Work
|
|
13.
|
Meal Breaks
|
|
14.
|
Rest Breaks
|
|
15.
|
Roster of Hours
|
|
16.
|
Overtime
|
|
17.
|
Call Backs
|
|
18.
|
Public Holidays
|
|
19.
|
Shift Work
|
|
20.
|
Sleepover Shifts
|
|
21.
|
Breaks Between Shifts and Overtime
|
|
22.
|
Annual Leave
|
|
23.
|
Annual Leave Loading
|
|
24.
|
Bereavement Leave
|
|
25.
|
Special Leave
|
|
26.
|
Sick Leave
|
|
26A
|
Personal / Carer's Leave
|
|
27.
|
Maternity Leave
|
|
28.
|
Long Service Leave
|
|
29.
|
Jury Service
|
|
30.
|
Board and Lodging
|
|
31.
|
Motor Vehicle Allowance
|
|
32.
|
Higher Duties Allowance
|
|
33.
|
First-aid
|
|
34.
|
Grievance and Disputes Settling Procedure
|
|
34A
|
Anti-Discrimination
|
|
35.
|
Termination of Employment
|
|
36.
|
Organisational Change and Redundancy
|
|
37.
|
Employees' Indemnity Against Civil Liability
|
|
38.
|
Protective Clothing and Safety Equipment
|
|
39.
|
Time Records
|
|
40.
|
Amenities
|
|
41.
|
Preference of Employment
|
|
42.
|
Right of Entry
|
|
43.
|
Discrimination On Account of Industrial Action
|
|
44.
|
Union Notice Board
|
|
45.
|
Posting of Award
|
|
46.
|
General Savings
|
|
47.
|
Enterprise Arrangements
|
|
48.
|
Consultative Mechanism
|
|
49.
|
Labour Flexibility
|
|
50.
|
No Extra Claims
|
|
51.
|
Area, Incidence and Duration
|
PART B
MONETARY RATES
|
Table 1
|
Rates of Pay
|
|
Table 2
|
Other Rates and Allowances
|
2. Definitions
"Union" shall mean the Australian Social Welfare
Union, N.S.W. Branch.
"Community Development Worker" shall mean a person
employed to assess the needs of the community, stimulate community involvement
in meeting those needs and implement programmes and, in particular, education
programmes.
"Co-ordinator" shall mean an employee who is
responsible for the overall administration and/or co-ordination of a service,
agency or workplace of the employer and shall include, without limiting the
generality of the foregoing, an employee who is responsible for the overall
administration and/or co-ordination of:
(i) a
multi-purpose neighbourhood centre including one that encompasses a child care
facility;
(ii) a residential child care service
providing social support in a residential setting (including family group homes
or institutional care for children) where such services are distinct from
sessional care to pre-school children, long day care, extended hours care,
twenty-four hours care, before and after school care, play groups, occasional
care, vacation care and multi-purpose child care, but shall not include a
person employed in a child care centre
but shall exclude an employee whose duties are principally managerial/administrative
and who is a member of the senior management team of a large multi-function
organisation (other than a multi-purpose neighbourhood centre) which
administers a range of services/facilities and workplaces.
"Developmental
Disability" describes a chronic disability which:
(a) is attributable to an intellectual or
physical impairment or combination of intellectual and physical impairments;
(b) is manifested before the person attains age 18;
(c) is likely to continue indefinitely;
(d) results in substantial functional
limitation in three or more of the following areas of major life activity: self-care, receptive and expressive
language, learning, mobility, self-direction, capacity for independent living,
economic self-sufficiency; and
(e) reflects the person's need for a
combination and sequence of special interdisciplinary or generic care,
treatment or other services which are of lifelong or extended duration and are
individually planned and co-ordinated.
For practical purposes this includes persons with an
intellectual handicap, severe epilepsy, cerebral palsy, brain damage acquired
in childhood and those with other neurological disorders needing similar
provision.
"Information Officer" shall mean an employee who
is responsible for collection and dissemination of information and the
maintenance or organisation of information systems within a service.
"Project Officer" shall mean a person employed to
develop or undertake a social welfare project or series of projects, where such
employee is subject to minimal direction and supervision by another employee in
performance of such work and is solely responsible for the outcomes of that
particular project or projects.
"Research Officer" shall mean a person employed to
develop or undertake a research project or series of projects where such
employee is subject to minimal direction and supervision by another employee,
in the performance of such research but shall not include an "Information
Officer", "Project Officer", "Research Officer" as
defined, who:
(i) has post secondary qualifications
requiring at least one year's full-time study in librarianship, archival
management (however described, but including library technician qualifications)
and is employed in work requiring the qualifications; or
(ii) is studying for a qualification referred
to in (i) above and is employed in work which requires that such study is
undertaken.
"Live-in Worker" shall mean a person who lives in,
and is responsible for, or assists in the direction and control of a family
group home or similar facility. Such a
person will be provided with full board and lodging by the employer.
"Residential Care Worker" shall mean a person
employed to provide welfare and social support services in refuges or
residential care establishments, as distinct from persons engaged primarily in
manual work in such services.
"Social Educator" shall mean a person employed in
accommodation support services and residential care facilities to provide
support and training to people with a developmental disability in the
acquisition of social and independent living skills.
"Social Welfare Assistant" shall mean a person who
is employed to assist social welfare workers within a defined area of social
and community welfare services and is under the immediate and direct
supervision of another employee in relation to all aspects of his or her
employment. In no case shall a social
welfare assistant be responsible for policy development, or co-ordination, or
the direction or supervision of paid or unpaid workers. However, a social welfare assistant may be
required to provide information for use in the co-ordination and policy
development of an organisation.
"Social Welfare Worker Category 1" shall mean a
person who is employed to perform duties of a more complex, varied and
responsible nature than a social welfare assistant, which may include service
delivery on an individual, group or community basis and social educators and
vocational educators. Such person may
be required to exercise initiative and independent judgement but will be under
the general supervision of another employee subject to this award. In no case shall a Social Welfare Worker
Category 1 be required to develop policy for or co-ordinate a service.
"Social Welfare Worker Category 2" shall mean an
employee who performs more varied, complex and responsible work than a Category
1 as defined above, in providing social welfare services on an individual,
group or community basis. Such employee
may be required to exercise substantial responsibility in relation to service
delivery, initiative and substantial judgement and have an extensive knowledge
of social and community welfare services and shall be subject only to general
supervision. Such duties may include
case responsibility for clients, co-ordination of a service, contributing to
policy development, supervision of other workers and/or complex counselling,
and may include the co-ordination and/or administration of activity therapy
centres, workshops and supported employment services and independent living
training for the developmentally disabled.
"Social Welfare Worker Category 3" shall mean an
employee who would not ordinarily receive instructions from another employee as
to the performance of his or her duties, and:
(i) is responsible for the overall
administration and/or co-ordination of a service, agency or workplace of the
employer including the supervision of one or more Category 2 workers; and/or
(ii) is primarily engaged in developing and
implementing policies at a senior level for a service in relation to general or
specific aspects of social and community welfare services; and/or
(iii) is primarily engaged in the co-ordination
and/or administration of activity therapy centres, workshops and supported
employment services for the developmentally disabled where such employment
based schemes cater for more than 30 disabled persons and independent living
training where such community and hostel based residences cater for more than
20 disabled persons,
but shall exclude an employee whose duties are principally
managerial/administrative and who is a member of the senior management team of
a large multi-function organisation (other than a multi-purpose neighbourhood
centre) which administers a range of services/facilities and workplaces.
"Supervision" shall mean for the purpose of this
award:
(i) "Immediate supervision" - the
direct responsibility to another employee at the workplace in the performance
of daily tasks;
(ii) "General supervision" -
supervision of a broad set of tasks based more on self appraisal than daily
direction of task performance and can include professional supervision.
"Vocational Educator" shall mean a person who
provides support and training to people with a developmental disability in the
acquisition of skills including community access, independent living,
employment and social skills.
3. Terms of Engagement
3.1 The employer shall inform each employee
in writing as to the terms of his or her engagement, and in particular whether
he or she is a full-time, part-time or casual employee.
3.2 The employer shall provide each employee
other than a casual with a job description and duty statement outlining
specific duties to be performed, upon engagement, or in the case of existing
employees, within one month of the effective date of this award.
4. Casual Employees
4.1 "Casual
Employee" shall mean an employee engaged and paid as such.
4.2 A casual employee shall be paid an
hourly rate equal to one-fortieth of the appropriate weekly rate prescribed by
clause 10, Rates of Pay, plus an additional loading of fifteen per cent.
4.3 A casual
employee shall be paid a minimum of two hours at the appropriate rate for each
engagement.
4.4 Where a casual employee is engaged to
undertake shift work, the prescribed shift allowances for the appropriate shift
shall be paid in addition to the loading prescribed in subclause 4.2 of this
clause.
4.5 Pursuant to the Annual Holidays Act 1944, casual employees are entitled to payment
in lieu of annual leave at the end of each engagement in addition to
entitlements under this clause - i.e., an amount equal to one-twelfth of the
employee's ordinary pay for such period of engagement.
5. Part-time Employees
5.1 "Part-time employee" shall
mean a person who works a specified number of regular days and hours being less
than those worked by a full-time employee in a four- week period.
5.2 Part-time employees shall be paid an
hourly rate calculated on the basis of one- fortieth of the appropriate weekly
rate prescribed by clause 10, Rates of Pay, of this award.
5.3 The
provisions of this award shall apply to a part-time employee on a proportional
basis.
6. Live-in Workers
The provisions of this award relating to hours, shift work
(including sleepover shifts), shift and weekend penalties and breaks between
shifts or overtime shall not apply to employees who are required to live-in on
a permanent or substantially permanent basis.
7. Calculation of Continuous Service
Continuous service, for the purpose of this award, shall be
calculated in the same manner as provided for in the Long Service Leave Act 1955.
8. Classification and Incremental Placement
(i) Each employer shall classify each of
their employees, however they may be described, including but not limited to
all the classifications defined in clause 2, Definitions, in accordance with
the classifications of Social Welfare Assistant, Social Welfare Worker Category
1, Social Welfare Worker Category 2 and Social Welfare Worker Category 3, as
set out in the said clause 2.
(ii) Subject to this subclause, an employee
shall be appointed to the first level of the appropriate category and shall
proceed from level to level within that category on each anniversary of such
appointment, provided, however:
(a) Part-time and casual employees shall
proceed from one incremental level to the next within each category upon the
completion of the number of ordinary hours of work equivalent to 12 months of
full-time employment. This shall apply
to all part-time and casual employees with respect to all employment before and
including 18 December 1997.
(b) On or after 19 December 1997, part-time
and casual employees shall proceed from level to level within that category on
each anniversary of such appointment, whether or not their date of appointment
occurs before or after 19 December 1997.
(c) A Social Welfare Assistant with a
relevant post-secondary qualification of two or more full-time equivalent years
shall be appointed at least at level 2 of the Social Welfare Assistant
category.
(d) An employee employed as a Social Welfare
Worker Category 1 with a relevant post-secondary qualification of two or more
full-time equivalent years shall be appointed at least at level 2 of the
category.
(e) An employee employed as a Social Welfare
Worker Category 2 with a relevant degree or diploma of two or more years'
full-time equivalent shall be appointed at least at level 2 of the category.
(f) A Co-ordinator or person required to
supervise ten or more employees other than Social Welfare Workers Category 2
shall be appointed at least at level 3 of Social Welfare Worker Category 2.
9. Payment of Wages
9.1 To ascertain
the equivalent weekly rate of the annual wages such annual rates must be
divided by 52.14.
9.2 All wages shall be paid at least
fortnightly by cash, cheque or electronic funds transfer, by agreement between
the majority of employees and the employer.
Provided that where an employer and employee agree wages may be paid
monthly.
9.3 Wages shall be paid during working hours
on a weekday being not more than five days following the end of the pay
period. The payday selected, once
agreed, shall not be changed without the agreement of a majority of the
employees. In the case of electronic
funds transfer payments, wages shall be transferred to the nominated account
within twelve hours of the close of business on the nominated pay day.
9.4 Upon termination, wages due to an
employee and any other monetary entitlements shall be paid on the date of
termination or forwarded by post on the next working day.
9.5 An employer may deduct from amounts due
to an employee such amounts as authorised in writing by the employee and
deductions of income tax required to be made to the Australian Taxation Office.
9.6 On pay days, the employer shall provide
for each employee a statement in writing showing the gross salary including
overtime and allowances, the amount deducted for taxation purposes, particulars
of other deductions including payroll deduction made for subscription to the
Union and the net amount paid.
10. Rates of Pay
The rates of pay shall be as set out in Table 1 of Part B of
this award.
11. Superannuation
11.1 Definitions -
(a) "Act and Regulations" means
the Occupational Superannuation Standards
Act 1987 and Regulations pertaining thereto and as amended from time to
time.
(b) "Employee" means any person
employed on a full-time or part-time basis and casual employees who earn more
than $120.00 gross per month, employed under the terms of this award.
(c) "Employer" means any employer who is bound by this
award.
(d) "Ordinary-time Earnings" shall
mean remuneration for an employee's weekly number of hours of work, excluding
overtime hours, calculated at the ordinary-time rate of pay and in addition
thereto shall include, where applicable, the following:
Monday to Friday shift premiums for
ordinary hours of work;
weekend shift premiums for
ordinary hours of work;
overaward payments for ordinary
hours of work;
any percentage addition payable to
casual employees.
(e) The "Superannuation Fund"
shall mean the Health Employees Superannuation Trust Australia or the
Australian Superannuation Savings Employment Trust.
11.2 Contributions
-
(a) Subject to subclause 11.1 and this
subclause, an employer shall contribute to the superannuation fund the
equivalent of 3 per cent of each employee's ordinary-time earnings from the beginning of the first full pay
period to commence on or after 15 May 1991.
(b) Such contributions will be made to the
superannuation fund in the manner and at the times specified by the terms of
the fund or in accordance with any agreement between the employer and the
Trustee of the fund.
11.3 Fund
Membership -
(a) On engagement, and for existing
employees, the employer shall make the employee aware of his/her entitlements
under this clause and offer the employee the opportunity to become a member of
the appropriate fund. The employer
shall provide the employee with full details of the superannuation fund defined
in this clause. An employee shall be
required to properly complete the necessary application form(s) to become a
member of the fund.
(b) The employer shall make contributions in
accordance with paragraph (a) of subclause 11.2 on behalf of all eligible
employees once such employees complete and submit the necessary application
form(s) to the superannuation fund.
(c) Where an employee is not a member of the
fund, but eligible to join the fund, the employer shall remind the employee in
writing of his/her entitlements within a period of a further three months from
the date of becoming eligible for superannuation.
11.4 Absence From
Work -
(a) Paid Leave - Subject to the trust deed
of the fund of which the employee is a member, absences from work will be
treated in the following manner:
Contributions
shall continue whilst a member of a fund is absent on paid leave such as annual
leave, long service leave, public holidays, jury service, sick leave and
bereavement leave.
(b) Unpaid Leave - Contributions shall not
be required to be made in respect of any absence from work without pay.
(c) Work Related Injury and Sickness - In
the event of an eligible employee's absence from work due to work related
injury or sickness, contributions shall continue for the period of the absence
(subject to a total of 52 weeks total absence for each injury or sickness)
provided that the member of the fund (employee) is receiving payments pursuant
to workers' compensation legislation.
11.5 Where a respondent employer, at the date
of commencement of this award, paying a 3 per cent productivity superannuation
component in respect of any employee covered by this award (being an amount
arising from the National Wage Case Decision of the Australian Conciliation and
Arbitration Commission of 26 June 1986 and 10 March 1987) to an alternative
superannuation fund which conforms to the Commonwealth operational standards
for occupational superannuation funds, such employers shall be exempt from
making occupational superannuation contributions on behalf of employees to the
Health Employees Superannuation Trust Australia, or the Australian Superannuation
Savings Employment Trust provided that:
Contributions equivalent to those
set out in the award continue to be made to the alternative approved fund on
behalf of the employee; and
the Australian Social Welfare
Union, N.S.W. Branch and the Industrial Commission of New South Wales are
advised in writing of details of the alternative approved fund.
12. Hours of Work
12.1 The ordinary hours of work, exclusive of
meal breaks, shall be no more than 160 hours in any four-week period.
12.2 The employer in rostering ordinary hours
of work shall take all reasonable steps to accommodate reasonable requests of
the employee.
12.3 Nothing in this clause will limit the
right of the employee to instigate the disputes procedure contained in clause
34, Grievance and Disputes Handling Procedure, of this award.
13. Meal Breaks
13.1 Where practicable, a lunch break of not
less than thirty minutes shall be allowed each day, provided that no employee
shall be required to work more than five hours continuously without a meal, and
where he/she does so with the authorisation of the employer, such time worked
in excess of five hours shall be deemed as overtime.
13.2 Where practicable, a dinner break of not
less than thirty minutes shall be allowed where duty extends beyond 7.00 p.m.
on any day.
(Note - Nothing in this clause
should be deemed to mean that an employee would be deprived of, nor deprive
themselves of a meal break, simply because of pressure of general work.)
14. Rest Breaks
A paid break for morning or afternoon tea shall be allowed
to employees in an 8-hour working period, its timing to be subject to mutual
agreement between employer and employees at any particular location.
15. Roster of Hours
15.1 The ordinary hours of work for each
employee shall be displayed on a roster in a place conveniently accessible to
employees. Where reasonably practicable
such roster shall be displayed two weeks, but in any case at least one week
prior to the commencing date of the first working period in any roster. Provided that this clause shall not make it
obligatory for the employer to display a roster of ordinary hours of work of
members of the relieving staff or casuals.
15.2 Provided further that a roster may be
altered at any time to enable the services of the employer to be carried on
where another employee is absent from duty on account of illness or in
emergency, but where any such alteration involves an employee working on a day
which would have been his or her day off such time worked shall be compensated
in accordance with clause 16, Overtime.
16. Overtime
16.1 Overtime means time worked with the
authorisation of the employer beyond the ordinary hours of work specified in
this award.
16.2 Overtime
shall be paid at the rate of single time.
17. Call Backs
17.1 An employee who is recalled to work after
leaving the place of employment shall be paid for a minimum of two hours work
at the appropriate overtime rate for such time so recalled, provided that the
employee shall not be required to work the full two hours if the work such
employee is recalled to perform is completed in a shorter period.
17.2 Subclause 17.1 shall not apply when
overtime is continuous (subject to a reasonable meal break) with completion or
commencement of ordinary working time.
18. Public Holidays
18.1 Public
holidays shall be allowed to full-time employees on full pay.
18.2 Where an
employee is required to and does work on a public holiday the employee shall
choose either:
(a) to be paid - and in such case the
employee would receive their ordinary pay for the day plus payment for time so
worked; or
(b) (i) to take the equivalent time off - and
in such case the employee would receive their ordinary pay for the day and the
equivalent time off for the time so worked; or
(ii) subject to mutual agreement between the
employee and the employer, such time off may be aggregated with annual leave
entitlements.
18.3 Shift Workers
-
(a) Where an employee who is a shift worker
is required to and does work an ordinary rostered shift on a public holiday,
the employee shall be paid double time and a half (inclusive of shift
allowances) for such shift.
(b) Where an employee, who is a shift worker
whose ordinary working time includes public holidays, is rostered off duty on a
public holiday and does not work, the employee shall have a day added to
his/her annual holidays, or be paid a day's pay additional to his/her weekly
wage.
18.4 For the purpose of this clause, the
following shall be public holidays: New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, or any holiday
duly proclaimed and observed as a public holiday within the area in which the
service is situated.
19. Shift Work
19.1 Definitions -
(a) For the purpose of this clause
"shift work" means a work cycle which regularly falls outside the
hours of 8.00 a.m. and 8.00 p.m. Monday to Friday.
(b) "Evening Shift" means any shift which finishes
after 8.00 p.m. and at or before 12.00 midnight.
(c) "Night Shift" means any shift
which finishes after 12.00 midnight and which commences before 6.00 a.m.
19.2 Engagement in
Shift Work -
(a) An employee may be engaged in shift work
by the employer where it is necessary due to the nature of the service that an
employee regularly works significant hours outside the hours of 8.00 a.m. to
8.00 p.m. Monday to Friday.
(b) Where an employer wishes to engaged an
employee in shift work, the employer shall advise the employee in writing,
specifying the period over which shift work is ordinarily to be worked.
19.3 Shift
Allowances -
(a) Increases shall be phased in three stages:
(i) date of award;
(ii) 12 months from the date of the award;
(iii) 24 months from the date of the award.
(b) An employee working an evening shift
shall be paid a loading of (1) on his or her ordinary rate of pay for the whole
of such shift.
(c) An employee who works a night shift
shall be paid a loading of (2) on his or her ordinary rate for the whole of
such shift.
(d) An employee who works a shift between
midnight Friday and midnight Saturday shall be paid a loading of (3) on his or
her ordinary rate for the whole of such shift.
(e) An employee who works a shift between
midnight Saturday and midnight Sunday shall be paid a loading of (4) on his or
her ordinary rate for the whole of such shift.
|
|
Date of Award
|
+ 12 Months
|
+ 24 Months
|
|
(1)
|
5%
|
10%
|
15%
|
|
(2)
|
5%
|
15%
|
30%
|
|
(3)
|
20%
|
30%
|
50%
|
|
(4)
|
25%
|
50%
|
75%
|
20. Sleepover Shifts
20.1 "Sleepover" means a continuous
period during which an employee is required to sleepover at the workplace and
be available to deal with any urgent situation which cannot be dealt with by
another worker or be dealt with after the end of the sleepover period.
20.2 The employer shall take all reasonable
steps to enable the employee to sleep on the premises, including the provision
of a bed and, in addition, access to a bathroom, a toilet and a meal room will
be provided free of charge to the employee.
20.3 An employee
shall only sleepover under the following conditions:
(a) There is an agreement between the
employee and the employer in respect of sleepover periods required at least a
week in advance except in the case of an emergency; and
(b) a sleepover period shall always consist of eight continuous
hours.
20.4 An employee engaged on sleepover shall be
paid a sleepover allowance equivalent to three hours payment at ordinary
rates. Such payment is compensation for
the sleepover and for all necessary work up to two hours duration during the
sleepover period. Any necessary work in
excess of two hours during the sleepover period shall be compensated for at
overtime rates.
21. Breaks Between Shifts and Overtime
21.1 Periods of work (whether ordinary time or
overtime) subject to subclause 21.3 of this clause shall be so arranged that
employees have at least ten consecutive hours off duty between the work of
successive shifts.
21.2 Where an employee does not receive at
least ten consecutive hours off duty (whether by resuming duty without a
ten-hour break or continuing work), she or he shall be paid at appropriate
overtime rates until a ten-hour break is received. Such a break, without loss of pay for rostered ordinary hours
occurring during such absence, shall be given to the employee as soon as
practicable.
21.3 The provisions of subclauses 21.1 and 21.2
of this clause shall not apply to any sleepover shift whether or not that shift
is connected with an ordinary rostered shift.
22. Annual Leave
22.1 Full-time and part-time employees shall be
entitled to annual leave after each twelve months of continuous service.
22.2 Such annual
leave shall be:
(a) if the employee is regularly rostered
for duty over seven days of the week - five weeks with pay after each twelve
months of continuous service;
(b) for all other full-time and part-time
employees - four weeks with pay after each twelve months of continuous service.
22.3 The provisions of the Annual Holidays Act
1944, shall apply except as provided for in paragraph (a) of subclause 22.2 of
this clause.
23. Annual Leave Loading
23.1 In this
clause the Annual Holidays Act 1944
is referred to as "the Act".
23.2 Before an employee is given and takes
his/her 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 his/her 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 23.6.)
23.3 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 and this award.
23.4 The loading is to be calculated in
relation to any period of annual holiday to which the employee becomes, or has
become, entitled under the Act and this award or, where such a holiday is given
and taken in separate periods, then in relation to each separate period. (Note - See subclause 23.6 as to holidays
taken wholly or partly in advance.)
23.5 The loading is the amount payable for the
period or the separate periods, as the case may be, stated in subclause 23.4 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 his/her annual holiday.
23.6 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 continues
until the day when they 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 23.5 of this
clause applying the award rates of wages payable on that day. This subclause applies where an annual
holiday has been taken wholly or partly in advance.
23.7 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) An employee who is entitled under the
Act to an annual holiday and who is given and takes such a holiday shall be
paid the loading calculated in accordance with subclause 23.5 of this clause;
or
(b) an employee who is not entitled under
the Act to an annual holiday and who is given and takes 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 closedown as their
qualifying period of employment in completed weeks bears to 52.
23.8 (a) Where
the employment of an employee is terminated by his/her 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 any annual holiday to which the
employee became entitled, the employee shall be paid a loading calculated in
accordance with subclause 23.4 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.
24. Bereavement Leave
(i) An employee, other than a casual
employee, shall be entitled without deduction of pay, a period not exceeding
the number of hours worked by the employee in two ordinary day’s work as
bereavement leave, up to and including the day of the funeral, on each occasion
of the death of a person prescribed in subclause (iii) of this clause.
(ii) The employee must notify the employer as
soon as practicable of the intention to take bereavement leave and will provide
to the satisfaction of the employer proof of death.
(iii) Bereavement leave shall be available to
the employee in respect to the death of a person prescribed for the purposes of
personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of
subclause 26A.1 of clause 26A, Personal/Carer’s Leave, provided that, for the
purpose of bereavement leave, the employee need not have been responsible for
the care of the person concerned.
(iv) 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.
(v) Bereavement leave may be taken in
conjunction with other leave available under subclauses 26A.2, 26A.3, 26A.4,
and 26A.5 of the said clause 26A. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
(vi) The Catholic Commission for Employment
Relations, representing Catholic employers, being Catholic Dioceses, Catholic
Parishes or Religious Orders who operate a service are exempted from the
provisions of this clause. The Social and Community Services Catholic
Personal/Carer’s Leave (State) Award made 10 December 1998 shall apply.
25. Special Leave
In the case of domestic or other pressing necessity, an
employee shall be entitled to up to five days unpaid leave in each twelve
months of service, to be taken at mutually agreed times, provided that any such
request for such leave shall not be unreasonably refused by the employer.
26. Sick Leave
26.1 (a) In
the event of an employee becoming sick and unfit for duty and certified as such
by a duly qualified medical practioner, he or she shall be entitled to 10 days
sick leave on full pay for each year of service.
(b) For the purpose of this clause, illness shall include stress
and mental ill health.
26.2 The employer may dispense with the
requirements of a medical certificate where the absence does not exceed two
consecutive days or where in the employer's opinion circumstances are such not to
warrant such requirement.
26.3 Each employee shall take all reasonably
practicable steps to inform the employer of his or her inability to attend for
work and as far as possible state the estimated duration of the absence. Where practicable such notice shall be given
within 24 hours of the commencement of such absence.
26.4 If the full period of sick leave as
described above is not taken in any year, such portion as is not taken shall be
cumulative up to five years. There
shall be no payment of portions of leave not taken on retirement or
termination.
26.5 Where an employee has, in accordance with
this clause, taken sick leave, the employee shall not be required to work any
ordinary hours other than those previously rostered so as to avoid or minimise
the requirement on an employer to provide paid sick leave.
26A. Personal / Carer's Leave
26A.1 Use of sick
leave
(a) An employee with responsibilities in
relation to a class of person set out in (c) (ii) who needs their care and
support shall be entitled to use, in accordance with this subclause, any sick
leave entitlement which accrues after 10 August 2001 for absences to provide
care and support for such persons when they are ill.
(b) The employee shall, if required,
establish by production of a medical certificate or statutory declaration, the
illness of the person concerned.
(c) The entitlement to use sick leave in accordance with this
subclause is subject to:
(i) the employee being responsible for the care and support of
the person concerned; and
(ii) 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 purpose 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 their relationship to the employee,
the reasons for taking such leave and the estimated length of absence.
26A.2 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 26A.1 (c) (ii) above who is ill.
26A.3 Annual leave
(a) To give effect to this clause, but
subject to the Annual Holidays Act
1944, an employee may elect, with the consent of the employer, to take annual
leave not exceeding five days in single-day periods in any calendar year at a
time or times agreed by the parties.
(b) Access to annual leave, as prescribed in
26A.3 (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.
26A.4 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.
(b) Overtime taken as time off during
ordinary hours shall be taken at the ordinary time rate, that is, an hour for
each hour worked.
(c) An employer shall, if requested by an
employee, provide payment, at the rate provided for the payment of overtime in
the award, for any overtime worked under subclause (a) above where such time
has not been taken within four weeks of accrual. Notwithstanding anything contained elsewhere in this subclause,
on notice from the employer, an employee must elect within six months of
accrual, whether to take overtime worked under (a) above as an overtime payment
or as time off work at the ordinary time rate of pay.
26A.5 Make-up Time
An employee may elect, with the
consent of their 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.
26A.6 Catholic
employers personal carer's leave
Clause 26A of this Award shall not
apply to employees of a body which has been established by the Catholic Church
to propagate religion, who are covered by the Social and Community Services
Catholic Personal Carer's Leave (State) Award made on 10 December 1998 (as
varied).
27. Maternity Leave
See provisions of Part XIVA of the Industrial Arbitration Act 1940.
28. Long Service Leave
All employees shall be entitled to be paid long service
leave in accordance with the Long Service
Leave Act 1955.
29. Jury Service
29.1 A full-time or part-time employee (as
defined) required to attend for jury service during his or her ordinary working
hours shall be reimbursed by the employer an amount equal to the difference
between the amount paid in respect of his or her attendance for such jury
service and the amount of wages he or she would have received in respect of the
ordinary time he or she would have worked had he or she not been on jury
service.
29.2 An employee shall notify his or her
employer as soon as possible of the date upon which he or she is required to
attend for jury service. Further the
employee shall give his or her employer documentary proof of his or her
attendance, the duration of such attendance and the amount received in respect
of such jury service.
30. Board and Lodging
30.1 An employer may deduct $87.50 or 20 per
cent (whichever is the lesser amount) from an employees weekly wage, where that
employee lives in on a permanent basis and is provided with board and lodging.
30.2 Where an employee lives in on a
substantially permanent basis and is provided with board and lodging, an
employer may deduct an amount calculated as a daily rate, such daily rate being
1/7th of the deduction referred to in subclause 30.1 of this clause.
31. Motor Vehicle Allowance
Where employees is required by their employer to use their
motor vehicle in the course of their duty, they shall be paid an amount set out
in item 1 of Table 2 per kilometre travelled during such use.
32. Higher Duties Allowance
32.1 An employee who is called upon by the
employer to perform the duties of another employee in a higher classification
under this award for any five days or more in a 15-day period shall be paid for
the days on which those duties are performed at a rate not less than the
minimum rate prescribed for the higher classification provided that such claims
be made by the employee within one month of the cessation of the performance of
such duties.
32.2 An employee required to perform the work
of another employee shall not suffer any reduction in his or her wage.
33. First-aid
An employee who holds a current first-aid certificate issued
by the St. John Ambulance Association or Australian Red Cross Society or
equivalent qualification and who is required by his or her employer to be
available to perform first-aid duty at his or her workplace shall be paid an
allowance set out in item 2 of Table 2 with a minimum payment of one day.
34. Grievance and Disputes
Settling Procedure
34.1 In the event of a dispute arising out of
disciplinary action or from any claim for any other reason, the following
procedure will apply:
(a) The matter shall first be discussed by the aggrieved
employee(s) with the immediate supervisor.
(b) In the event of failure to resolve the
dispute the accredited Union representative shall confer with the appropriate
supervisor and/or manager of the employer.
(c) In the event of failure to resolve the
dispute the matter shall then be referred to a management representative(s) and
an appropriate officer of the Union, who will confer and attempt to reach a
settlement.
(d) In the event of failure to resolve the
dispute by means of amicable agreement between the parties, such parties to the
award may notify the matter to the Industrial Registrar of New South Wales,
pursuant to section 25A of the Industrial
Arbitration Act 1940. The parties
will then attempt to reach a settlement at the conciliation stage of the
compulsory conference so called.
(e) Should a settlement not be reached by
conciliation, the dispute shall proceed to arbitration in the normal manner and
both parties agree to accept the decision of the relative industrial tribunal,
subject to each party's rights under the Act.
34.2 It is the purpose of this procedure that
normal works continue while the above is being followed. No party shall be prejudiced as to final
settlement by the continuance of work in accordance with the disputes procedure. Provided that nothing in this subclause
shall be taken to limit the employer's right to summarily dismiss any employee
for misconduct, which justifies instant dismissal.
34A. Anti-Discrimination
34A.1 It is the intention of the parties bound by
this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
34A.2 Accordingly, in fulfilling their obligations
under the dispute resolution procedure, the parties must take all reasonable
steps to ensure that neither the Award provisions nor their operation are
directly or indirectly discriminatory in their effects.
34A.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
34A.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21
years of age;
(c) any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing
matters of unlawful discrimination in any State or Federal jurisdiction.
NOTE:
a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
b) Section
56(d) of the Anti-Discrimination Act
1977 provides:
"Nothing in
this Act affects ... any other act or practice of a body established to propagate
religion that conforms to the doctrines of that religion or is necessary to
avoid injury to the religious susceptibilities of the adherents of that
religion".
c) This
clause is not intended to create legal rights.
35. Termination of Employment
The employment of a full-time or part-time employee may be
terminated by two weeks' notice on either side or by the payment by the
employer or forfeiture by the employee of two weeks' pay in lieu of
notice. This shall not affect the
employer's right to dismiss an employee without notice for misconduct, which
justifies instant dismissal.
36. Organisational Change and
Redundancy
36.1 Application
(a) This clause shall apply in respect of full time and part time
persons employed under this Award.
(b) In respect to employers who employ more
than 15 employees immediately prior to the termination of employment of
employees, in the terms of 36.4.
(c) 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 no more than to give such employees an indication of the impending
redundancy at the first reasonable opportunity, and to take such steps as may
be reasonable to facilitate the obtaining by the employees of suitable
alternative employment.
(d) 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 for a
specified task or tasks or where employment is terminated due to ordinary and
customary turnover of labour.
36.2 Introduction
of Change
(a) Where an employer has made a definite
decision to introduce changes in production, program, organisation, structure
or technology that are likely to have significant effects on employees, the
employer shall notify the employees who may be affected by the proposed changes
and the Union to which they belong.
(b) "Significant effects" include
termination of employment, major changes in the composition, operation or size
of the employer's workforce or in the skis 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 the Award
makes provision for alteration of any of the matters referred to herein, an
alteration shall be deemed not to have significant effect.
36.3 Employer's
duty to discuss change
(a) The employer shall discuss with the
employees affected and the Union, inter alia, the introduction of the changes
referred to in 35.2(a), the effects the changes are likely to have on employees
and measures to avert or mitigate the adverse effects of such changes on
employees, and shall give prompt consideration to matters raised by the
employees and/or the Union in relation to the changes.
(b) The discussion shall commence as early
as practicable after a definite decision has been made by the employer to make
the changes referred to in 35.2(a).
(c) For the purpose of such discussion, the
employer shall provide to the employees concerned and the Union, all relevant
information about the changes including the nature of the changes proposed, the
expected effects of the changes on employees and any other matters likely to affect
employees provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
36.4 Discussions
before termination
(a) Where an employer has made a definite
decision that they no longer wish the job the employee has been doing to be
done by anyone, pursuant to 36.2(a), and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the Union.
(b) The discussions shall take place as soon
as is practicable after the employer has made a definite decision which will
invoke the provision of 36.4(a) and shall cover any reasons for the proposed
termination, 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 practicable, provide to the employees concerned and
the Union 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.
36.5 Notice for
changes in production, program, organisation or structure
This subclause sets out the
provisions to be applied to terminations by the employer for reasons arising
from "production", "program", "organisation" or
"structure" in accordance with 36.2(a).
(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 the notice above
shall be made if the appropriate notice of period is not given. Provided that employment may be terminated
by part of the period of notice specified and part payment in lieu thereof.
36.6 Notice for
technological change
This subclause sets out the notice
provisions to be applied to terminations by the employer for reasons arising
"technology" in accordance with 36.2(a).
(a) In order to terminate the employment of
an employee the employer shall give to the employee three months notice of
termination.
(b) Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that employment may be terminated
by part of the period of notice specified and part payment in lieu thereof.
(c) The period of notice required by this
subclause to be given shall be deemed to be service with the employer for the
purposes of the Long Service Leave Act
1955, the Annual Holidays Act 1994,
or any Act amending or replacing either of these Acts.
36.7 Time off
during the notice period
(a) During the period of notice of
termination given by the employer, an employee shall be allowed up to one day's
time off without loss of pay during each week of notice, to a maximum of five
weeks, for the purposes of seeking other employment.
(b) If the employee has been allowed paid
leave for more than one day during the notice period for the purposes 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.
36.8 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
as those to which the employee would have been entitled had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
36.9 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.
36.10 Notice to
Centrelink
Where a decision has been made to
terminate the employment of employees, the employer shall notify the Centrelink
thereof as soon as possible giving relevant information including the number
and categories of the employees likely to be affected and the period over which
the terminations are intended to be carried out.
36.11 Employment
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.
36.12 Transfer to
lower paid duties
Where an employee is transferred
to lower paid duties for reasons set out in 36.2(a), 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 an amount
equal to the difference between the former ordinary time rate of pay and the
new ordinary time rates for the number of weeks of notice still owing.
36.13 Severance Pay
Where an employee is to be
terminated pursuant to 36.4 of this clause, subject to further order of the NSW
Industrial Relations Commission the employer shall pay the employee the
following severance pay in respect of a continuous period of service:
(a) If an employee is under 45 years of age,
the employer shall pay in accordance with the following scale:
|
Years of Service
|
Under 45 Years of Age Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(b) Where an employee is 45 years 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) "Weeks 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 allowance, paid in accordance with the Award.
36.14 Incapacity to
Pay
(a) Subject to an application by the
employer and further order of the Industrial Relations Commission, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
36.13.
(b) The Commission shall have regard to such
financial and other sources of the employer concerned as the Commission thinks
relevant, and the probable effect paying the amount of severance pay in 36.13
will have on the employer.
36.15 Alternative
employment
Subject to an application by the
employer and further order of the Industrial Relations Commission, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
36.13 if the employer obtains acceptable alternative employment for an
employee.
37. Employees' Indemnity
Against Civil Liability
Employers shall be responsible, in accordance with the Employees' Liability (Indemnification of
Employer) Act 1982 to indemnify employees against liability for fault (as
defined in that Act) arising out of the performance of work by the employee.
38. Protective Clothing and
Safety Equipment
Where an employer requires an employee to wear protective
clothing or a uniform such protective clothing or uniform as are reasonably
required shall be provided and, as necessary, repaired and replaced by the
employer, provided that any issue of protective clothing or uniforms shall
remain the property of the employer.
39. Time Records
39.1 In accordance with the provisions of s.96
(1) of the Industrial Arbitration Act
1940, every employer in the industry in respect of which this award is in force
shall keep, or cause to be kept, from day to day at the workshop or factory or
place where the business is carried on, in the manner and to the effect
prescribed, time-sheets and pay-sheets relating to employees, correctly written
up in ink or recorded by means of some mechanical device of a type approved by
the Industrial Relations Commission.
39.2 Such daily records shall be preserved in
good order and condition and kept available for inspection for a period of at
least 6 years.
40. Amenities
40.1 The employer shall provide reasonable
toilet and washing facilities for the use of employees in each office or place
of business.
40.2 The employer shall supply and maintain
reasonable heating and cooling appliances for the safe and healthy functioning
of the work site.
40.3 The employer shall provide reasonable
facilities for the taking of meals, including a table and chairs, boiling
water, refrigerated water, a refrigerator and a suitable cupboard for the
storing of utensils and supplies.
40.4 The employer
shall provide for employees a rest area well furnished.
41. Preference of Employment
(i) Subject to the provisions of section
129B of the Industrial Arbitration Act
1940 absolute preference of employment shall be given to members of the
Australian Social Welfare Union, N.S.W. Branch.
(ii) Such preference shall be limited to the
point where a member of such union and a person who is not such a member are
offering for service or employment at the same time and, in the case of
retrenchment, to the point where either such a member or such a person is to be
dismissed from service or employment.
(iii) The employment to which this subclause
applies is employment in an industry or calling in respect of which the said
union is entitled to enrol members pursuant to its rules.
(iv) The provisions for preference made by
this clause shall not apply to or in respect of the employment in any industry
or calling of a person who has been issued by the Industrial Registrar with a
certificate of exemption pursuant to section 129B of the Industrial Arbitration Act 1940, provided that the certificate
remains current.
(v) Subject to section 129b a like absolute
preference of employment shall be given to persons who are competent for the
work required and who have been members of the Forces during the war.
42. Right of Entry
In accordance with the provisions of section 129A of the Industrial Arbitration Act 1940, any
officer of the Union authorised in writing in that behalf by the Registrar may,
if such authority is for the time being in force -
(a) enter any place or premises or any ship
or vessel of any kind whatsoever wherein members of such industrial union or
persons in the same calling as such members are engaged, for the purpose of
conversing with or interviewing the employees in such place, premises, ship or
vessel;
(b) enter any place or premises or any ship
or vessel of any kind whatsoever of any employer engaged in the industry in
which members of such industrial union or persons in the same calling as such
members are engaged during working hours for the purpose of investigating any
suspected breach of the aforementioned Act or of this award;
(c) for the purpose of investigating any
suspected breach of the Act or of this award, require any employer engaged in
such industry to produce for inspection during the usual office hours at the
employer's office or other convenient place any time and pay sheets kept by the
employer in regard to employees in such industry; and
(d) make copies
of the entries in such time and pay sheets relating to any such suspected
breach.
43. Discrimination on Account
of Industrial Action
See the provisions of section 95 of the Industrial Arbitration Act 1940.
44. Union Notice Board
An accessible space for Union notices shall be provided by
the employer.
45. Posting of Award
In accordance with section 96 (2) of the Industrial Arbitration Act 1940 a copy
of this award shall be kept in an accessible place at each workplace, where
employees covered by the award are situated, for the perusal of employees.
46. General Savings
Nothing in this award shall be deemed or construed to reduce
the wages and/or conditions to which any employee may have been entitled prior
to the making of this award.
Nothing in this award shall be deemed or construed to reduce
the entitlements to any leave provisions, which any employee may have accrued
prior to the introduction of this award.
47. Enterprise Arrangements
An enterprise arrangement shall be an agreed arrangement for
an enterprise, or discrete section of an enterprise, being a business,
undertaking or project involving parties as set out in Principle 11, Enterprise
Arrangements, of the Wage Fixing Principles outlined in the May 2001 State Wage
Case.
NOTATION: The parties recognise the wage case decision of
the Commission in Court Session handed down on 20 March 1992 and the new
Enterprise Arrangements Principles therein, and as amended by subsequent State
Wage Case decisions. The parties have
agreed that the text of the Enterprise Arrangements Principle be attached as
Appendix A to this award for the information of persons. Appendix A is for information only and does
not constitute part of the award and is not enforceable as part of the award.
(Note: Principle 11 of the State Wage Case 2001 Decision of the Full Bench of
the Industrial Relations Commission of New South Wales has been reproduced for
this purpose).
48. Consultative Mechanism
Enterprises covered by this award shall establish a
consultative mechanism and procedures appropriate to their size, structure and
needs for consultation and negotiation on matters affecting their efficiency
and productivity.
49. Labour Flexibility
An employer may direct an employee to carry out such duties
as are within the limits of the employee's skill, competence and training.
50. No Extra Claims
It is a term of this award (arising from the decision of the
Industrial Commission in Court Session in the State Wage Case of 29 May 1991)
that the union undertakes, for the duration of the principles determined by
that decision, not to pursue any extra claims, award or overaward, except when
consistent with those principles.
51. Area, Incidence and
Duration
51.1 Except as provided for in subclauses 51.2
to 51.7 of this clause, this award shall be binding on the industry of persons
employed in or in connection with the industry of social and/or welfare work in
the State of New South Wales, whether as employers or as employees and whether
members of a registered association or not.
51.2 This award shall not be binding on persons
eligible to be members of The Federated Miscellaneous Workers' Union of
Australia, New South Wales Branch, as at 20 September 1986 provided that this
exclusion will not apply, to the extent it might otherwise, to persons employed
as co-ordinators in a multi-purpose neighbourhood centre that encompasses a
child care facility; in residential child care services providing welfare and
social support in a residential setting (including family group homes or
institutional care for children) where such services are distinct from:
(a) sessional care to pre-school children, long day care,
extended hours care or 24-hour care;
(b) before and after school care;
(c) playgroups;
(d) occasional care;
(e) vacation care;
(f) multi-purpose child care;
as community development workers;
in family counselling and support services; in women's and youth refuges; as
Family Day Care Co-ordinators and Family Day Care Child Development Officers.
51.3 This award shall not apply to persons
eligible for membership of the Public Service Association of New South Wales
and who are employed:
(A) pursuant to the provisions of -
(i) the
Public Sector Management Act 1988;
or
(ii) the
Health Administration Act 1982; or
(iii) the
Area Health Services Act 1986; or
(iv) any Act replacing the said Acts; or
(B) (i) in or by any Department, body,
organisation or group within the terms of the Public Sector Management Act 1988 or any Act replacing that Act,
irrespective of whether it remains or continues to be a Department, body, organisation
or group in terms of the said Act; or
(ii) in or by any Declared Authority within
Schedule 3 of the Public Sector
Management Act 1988 irrespective of whether it remains or continues to be a
Declared Authority in terms of the said Act;
or
(iii) as a ministerial employee;
or
(iv) by Ministers of the Crown in the right of
the State of New South Wales or in the offices of such Ministers; or
(v) by the Electricity Commission of N.S.W.; or
(vi) by the Grain Handling Authority; or
(vii) by the Roads and Traffic Authority; or
(viii) by the Homebush Abattoir Corporation; or
(ix) by hospitals included in the 2nd, 3rd or
5th schedule of the Public Hospitals Act 1929 or any Act replacing it, by
public hospitals or by public dental clinics;
or
(x) by colleges of advanced education; or
(xi) by any university; or
(xii) in or by the Legislative Assembly and/or
Legislative Council of the State of New South Wales; or
(xiii) by the New South Wales Egg Corporation; or
(xiv) by the New South Wales Education Commission or its agents; or
(xv) by any person as an Associate to a Justice; or
(xvi) at the Sexually Transmitted Diseases Clinic
and the Medical Examination and Immunisation Centre; or
(xvii) in or by:
The
Drug and Alcohol Authority;
New
South Wales State Cancer Council;
The
United Hospitals Auxiliary;
The
Institute of Psychiatry; or
(xviii) in or in connection with the administration
of any body (whether incorporated or unincorporated) established for the
purpose of registering persons for the practice of any profession, calling or
vocation in the State of New South Wales;
or
(xix) in or in connection with the provision of
medical services in penal or like establishments deemed or proclaimed to be a
prison under the Prisons Act 1952, or
any Act replacing the said Act; or
(xx) by an employer or at any place of
employment replacing any of the foregoing employers or places of employment, as
the case may be; or
(C) by any organisations registered or exempt
from registration under the Charitable
Collections Act 1934, who are graduates or graduands of a recognised
university or who hold a diploma of a recognised body and are engaged in any of
the following callings or vocations whether as principal or assistant employees
or employees in training:
Bacteriologist, Pathologist,
Medical Scientist, Scientific Officer, Bio-Medical Engineer, Physician Surgeon,
Dental Scientist, Dentist, Optometrist, Oculist, Audiologist, Speech Therapist,
Occupational Therapist, Music Therapist, Dietician, Physiotherapist,
Chiropodist (or Podiatrist), or Remedial Gymnast, together with such other
employees who are engaged or usually engaged in the callings or vocations of
Chiropodist (or Podiatrist) or Remedial Gymnast, whether as principal or
assistant employees or as employees in training and who hold a certificate of a
technical college or of any institution deemed by the employer to be of a similar standing; or
(D) in regional offices of any Department of
State or corporation or body established by statute administering or providing
health services in the State of New South Wales including such persons whose
employment fulfils a function of a regional nature but who, due to the nature
of their duties, are not employed within the precincts of that office, and in
or by area or community health services (howsoever called) where these area or
community health services have replaced services carried on or provided by a
person or body referred to in paragraph (B) of this subclause; or
(E) by the Home Care Service of New South Wales; or
(F) persons employed in classifications
within the jurisdiction of the Private Hospital (Professional Employees)
(State) Conciliation Committee; persons
in classifications defined by the Private Hospital and Nursing Home
(Professional Employees) (State) Award;
persons in classifications defined by the Charitable Institutions
(Professional - Paramedical Staff) (State) Award; persons in classifications
defined by the Charitable Institutions (Medical Officers) (State) Award and
persons in classifications defined by the Charitable Institutions (Professional
Staff Social Workers) Award or any awards replacing these awards.
51.4 This award shall not be binding on persons
eligible for membership of The Health and Research Employees' Association of
New South Wales who are employed by the employing authority for each of the
following: hospitals, mental hospitals,
hospital dispensaries, medical schools, laboratories, colleges, industrial and
other similar homes, ambulance work (including first-aid work), general
nursing, reception homes, sanatoria, rest homes which are wholly or partly
controlled by the Board of Health, non-residential special schools and the
universities; or persons eligible for membership of The Health and Research
Employees' Association of New South Wales who are employed by a public
charitable institution that owns, manages and/or conducts homes, institutions,
hostels, nursing homes, hospitals, rehabilitation facilities, community
day-care centres and/or provides domiciliary services for care of the aged or
for the care of the physically or mentally or developmentally disabled. Provided that this exclusion will not apply
to persons substantially engaged in counselling, social welfare advice and
referral, assessment of disability, design of disability services programmes,
or community development work in connection with services for the disabled or
social workers or social educators properly so called; provided this exclusion
applies to residential care workers and persons primarily engaged in
supervising the work performed by disabled persons or in domestic duties in
Sheltered Workshops for the disabled.
51.5 This award shall not apply to persons
engaged in any clerical capacity, including those engaged in the occupation of
shorthand writers and typists and/or in calculating, billing and/or other
machines designed to perform or assist in performing any clerical work
whatsoever, and/or including telephonists and persons employed as canvassers
(other than canvassers for the sale of goods) and/or collectors and clear-out
men.
51.6 This award shall not be binding on persons
employed in the provision of Family Day Care services funded pursuant to the
Australian Government's Children's Services Program.
51.7 This award is made following a review
under section 19 of the Industrial
Relations Act 1996 and rescinds and replaces the Social and Community
Services Employees (State) Award published 21 February 1992 (268 I.G. 225) and
the Social and Community Services Employees - Rates of Pay (State) Award
published 6 September 1996 (294 I.G. 979) and all variations thereof.
51.8 The awards published 21 February 1992 and
6 September 1996 took effect from the beginning of the first pay period to
commence on 15 May 1991 and 14 May 1996 respectively.
51.9 The changes made to the award pursuant to
the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles
for Review of Awards made by the Industrial Relations Commission of New South
Wales on 18 December 1998 (308 I.G. 307) take effect on 10 August 2001.
51.10 The award remains in force until varied or
rescinded, the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Rates of Pay
|
Classification
|
Per Annum
$
|
|
Social Welfare Assistant -
|
|
|
Year 1
|
21,109
|
|
Year 2
|
22,109
|
|
Year 3
|
23,109
|
|
Social Welfare Worker
|
|
|
Category 1 -
|
|
|
Year 1
|
25,009
|
|
Year 2
|
26,216
|
|
Year 3
|
27,550
|
|
Year 4
|
28,780
|
|
Social Welfare Worker
|
|
|
Category 2 -
|
|
|
Year 1
|
29,905
|
|
Year 2
|
31,135
|
|
Year 3
|
32,365
|
|
Year 4
|
33,595
|
|
Year 5
|
34,825
|
|
Social Welfare Worker
|
|
|
Category 3 -
|
|
|
Year 1
|
36,055
|
|
Year 2
|
37,285
|
|
Year 3
|
38,515
|
|
Year 4
|
39,640
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
1
|
31
|
Motor Vehicle Allowance
|
0.46 cents per kilometre
|
|
|
2
|
33
|
First-aid Allowance
|
$6.71 per week
|
|
|
|
|
|
$1.34 per day
|
|
Appendix A
11. Enterprise
Arrangements
(a) The Commission may approve of enterprise
arrangements reached in accordance with this principle and the provisions of
the Act.
(b) Industrial unions of employees and
industrial unions of employers, or industrial unions of employees and
employers, or employees and employers may negotiate enterprise arrangements
which, subject to the following provisions, shall prevail over the provision of
any award or order of the Commission that deals with the same matters in so far
as they purport to apply to parties bound by the arrangements, provided that
where the arrangement is between employees and an employer a majority of
employees affected by the arrangement genuinely agree.
(c) An enterprise arrangement shall be an
agreed arrangement for an enterprise, or discrete section of an enterprise,
being a business, undertaking or project, involving parties set out in
paragraph (b).
(d) Enterprise arrangements shall be for a
fixed term and there shall be no further adjustments of wages or other
conditions of employment during this term other than where contained in the
arrangement itself. Subject to the
terms of the arrangement, however, such arrangement shall continue in force
until varied or rescinded in accordance with the Act.
(e) For the purposes of seeking the approval
of the Commission, and in accordance with the provisions of the Act, a party
shall file with the Industrial Registrar an application to the Commission to
either:
(i) vary an award in accordance with the Act; or
(ii) make a new award in accordance with the Act.
(f) On a hearing for the approval of an
enterprise arrangement, the Commission will consider in addition to the
industrial merits of the case under the State Wage Case principles:
(i) ensuring the arrangement does not
involve a reduction in ordinary time earnings and does not depart from
Commission standards of hours of work, annual leave with pay or long service
leave with pay; and
(ii) whether the proposed award or variation
is consistent with the continuing implementation at enterprise level of
structural efficiency considerations.
(g) The Commission is available to assist
the parties to negotiations for an enterprise arrangement by means of
conciliation and, in accordance with these principles and the Act, by means of
arbitration. If any party to such
negotiations seeks arbitration of a matter relating to an enterprise
arrangement such arbitration shall be as a last resort.
(h) Enterprise arrangements entered into
directly between employees and employers shall be processed as follows, subject
to the Commission being satisfied in a particular case that departure from
these requirements is justified:
(i) All employees will be provided with the
current prescriptions (e.g., award, industrial agreement or enterprise
agreement) that apply at the place of work.
(ii) The arrangement shall be committed to
writing and signed by the employer, or the employer’s duly authorised
representative, with whom agreement was reached.
(iii) Before any arrangement is signed and
processed in accordance with this principle, details of such arrangement shall
be forwarded in writing to the union or unions with members in that enterprise
affected by the changes and the employer association, if any, of which the
employer is a member.
(iv) A union or employer association may,
within 14 days thereof, notify the employer in writing of any objection to the
proposed arrangements, including the reasons for such objection, and in such
circumstances the parties are to confer in an effort to resolve the issue.
(v) Where an arrangement is objected to by a
union or employer association and the objection is not resolved, an employer
may make application to the Commission to vary an award or create a new award
to give effect to the arrangement.
(vi) A union and/or employer association shall
not unreasonably withhold consent to the arrangements agreed upon by the
parties.
(vii) If no party objects to the arrangement,
then a consent application shall be made to the Commission to have the matter
approved in accordance with paragraph (e) of this principle.
(viii) Such arrangement, once approved, shall be
displayed on a notice board at each enterprise affected.
J. P. GRAYSON, D.P.
____________________
Printed by the authority of the Industrial Registrar.