Clothing Trades (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 289599 of 2018)
Before Chief Commissioner Kite
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13 March 2019
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REVIEWED
AWARD
PART A
1. Title
This award shall be known as the Clothing Trades (State)
Award.
2. Arrangement
PART A
Clause No. Subject
Matter
1. Title
2. Arrangement
3. Locality
4. Dispute
Settlement Procedure
5. Demarcation
of Work
6. Rates of
Pay
7. Absorption
Commitment
8. Skill
Levels
9. Apprentices
or Improvers - Rates of Pay
10. Apprenticeship
and Improvership
11. State
Training Wage
12. Aged,
Infirm or Slow Workers
13. Workers
Eligible for a Supported Wage
14. Hours of Employment
15. Midday Meal
Interval
16. Overtime
17. Meal Money
18. Rest Period
19. Mixed
Functions
20. Terms of
Engagement
20A. Deduction of
Union Membership Fees
21. Annual
Leave
22. Trade Union
Training Leave
23. Sick Leave
24. Personal/Carer's
Leave
25. Payment by
Results
26. Casual
Workers
26A. Secure
Employment
27. Part-time
Employees
28. Holidays
29. Payment for
Work Done on Holidays
30. Payment for
Work Done on Sundays
31. Contract
Work
32. Outworkers
33. Registration
of Employers
34. Entry and
Inspection by Officers of Industrial Organisations
35. Time Book,
Sheet or Records
36. Seating
Accommodation
37. Amenities
38. First-aid
Ambulance Chest
39. Award
Posted
40. Industrial
Committee
41. Shop
Stewards and Representatives
42. Uniforms
43. Notice Boards
44. Protective
Clothing
45. Tools of
Trade
46. Disability
Allowance
47. Bereavement
Leave
48. Accident
Pay
49. Jury
Service
50. Blood
Donors
51. Attendance
at Hospital
52. Parental
Leave
53. Introduction
of Change
54. Redundancy
55. Superannuation
56. Enterprise
Bargaining
57. Anti-Discrimination
58. Area,
Incidence and Duration
Pseudo Clauses:
59. Appendix A
- Form of Indenture of Apprenticeship
60. Appendix B
- Form of Declaration - Amenities
61. Schedule A - Consultative Committees
62. Schedule B
- Request to the Union by the Outworker to Reduce the Number of Hours Worked
Part-time
63. Schedule C
- Information to be Given to Outworkers
64. Schedule D
- Broadbanding Arrangements*
*Former transitional wages classification system to
facilitate the introduction of skill levels in 1994. Retained
for historical reference only.
65. Schedule E
- Procedure to be adopted in Developing an Enterprise Bargaining Agreement
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
3. Locality
This award shall apply in the State of New South Wales.
4. Dispute Settlement
Procedure
Where a dispute arises, the following steps shall be taken:
4.1 Step One - As
soon as practicable after the issue or claim has arisen, it shall be considered
jointly by the appropriate supervisor, the worker or workers concerned and the
Union delegate who shall attempt to settle the dispute.
4.2 Step Two - If
the dispute is not resolved, the issue or claim shall be considered jointly by
the appropriate senior management representative in conjunction with the Union
delegate who shall attempt to settle the dispute.
4.3 Step Three - If
the dispute is not resolved, the issue or claim shall be considered jointly by
the employer and an official of the Union who shall attempt to settle the
dispute.
4.4 Step Four - If
the dispute is not resolved, the dispute may then be notified to the Industrial
Relations Commission of New South Wales.
The parties may request that the matter be dealt with in accordance with
clause 40, Industrial Committee, or by a member of the Commission who shall
resolve the dispute by conciliation or arbitration.
5. Demarcation of Work
5.1
5.1.1 In the
manufacture of knitted piece goods and (excepting babywear) the making up there
from of suits, coats, trousers, culottes, frocks, dresses, dressing gowns,
tracksuits, slack suits, blouses, shorts, and/or like garments:
Where the knitting and making up are carried out by one
employer in the same establishment, the knitting work shall be subject to the
Textile Industry (State) Award, and the work of making up to the Clothing
Trades (State) Award.
5.1.2 In the
manufacture of knitted piecegoods and the making up
therefrom of all garments other than those specified in subclause 5.1.1:
Where the piecegoods are
knitted by an employer and the making up is completed at the same or another
establishment by that same employer, both the work of knitting of the piecegoods and making up shall be subject to the Textile
Industry (State) Award.
5.1.3 In the manufacture of knitted piecegoods
and the making up of all garments:
Where piecegoods are knitted
by one employer and garments are made up by another employer the knitting shall
be subject to the Textile Industry (State) Award and the work of making up
shall be subject to the Clothing Trades (State) Award.
5.2 Provided that in
an establishment where the making up of knitted piecegoods
constitutes such a minor amount of the employer's total operations so as to
render the observance of subclause 5.1.1 unreasonable the employer may, on
application to the Industrial Relations Commission of New South Wales, be
exempt from the obligation to observe the provisions of the Clothing Trades
(State) Award.
6. Rates of Pay
6.1 Adult rates of
pay shall be as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
6.2 Where such an
employee has been absent from duty in a week in circumstances entitling the
employee’s employer to deduct payment for the time of non-attendance, the
employee shall be paid for the ordinary hours worked during such week at the
rate of the said appropriate amount per week.
6.3 Calculations for
overtime, payments by results rates, penalty rates, shift work and other
payments under the award shall be made at the rate prescribed by subclause 6.1
for the classification in which the employee is employed.
6.4 For the purpose
of this clause, "overaward payment" is
defined as the amount (whether it be termed "overaward
payment", "attendance bonus", "payment by results
bonus", "service increment", or any term whatsoever) which an
employee would receive in excess of the award rate specified in subclause 6.1.
6.5 Examiner - An
examiner is an employee required to examine for faults in the construction of
any garment or part of a garment made or being made by other employees.
6.6 An employee who is
the head of a table or bench of machines in charge of 4 or more employees must
be paid an amount above their skill level rate of pay as follows;
6.6.1 if working in connection with order tailoring or order dress
making, the amount set out in Item 1 of Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates.
6.6.2 for all others, the amount set out in Item 2 of Table 2 -
Other Rates and Allowances of Part B, Monetary Rates.
7. Absorption
Commitment
7.1 The rates of pay
in this Award include the adjustments payable under the State Wage Case
2010. These adjustments may be offset
against:
(i) any equivalent over award payments, and/or
(ii) award wage increase since 29 May 1991 other than Safety Net,
State Wage Case, and minimum wage adjustments.
7.2 The rates in
Tables 1 - Rates of Pay, and the rates in Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates, shall operate from the beginning of the first pay
period to commence on or after 16 December 2010.
8. Skill Levels
Trainee - Employees at this level:
Shall be new entrants into the
industry.
Shall for a period of up to three months undergo approved
(including induction) training so as to enable them to achieve the level of
competence9 required to be classified at Skill Level 1.
Shall work under the following conditions:
- Totally defined procedures and methods;
- Constant direct supervision;
- Constant direct training;
- Progressive assessment and feedback.
Training for new entrants will be determined in accordance
with the needs of the enterprise, but shall involve instruction aimed at
assisting trainees to achieve the range of competencies required at Skill Level
1, including:
- The knowledge and skills required to apply relevant
Work Health and Safety practices and procedures.
- The knowledge and skills required to apply specified
quality control20 standards to their own work.
- The knowledge and skills required to apply specified
operation practices and procedures and to meet efficiency requirements.
- The knowledge and skills required to apply minor
equipment/machine maintenance17 relevant to the equipment involved in the
performance of their own work.
Skill Level 1 - Employees at this level:
1.
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Shall work to defined procedures/methods 14
either individually or in a team environment; and
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2.
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Shall exercise skills to perform basic tasks 1 ; and
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3.
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Shall be aware of and apply basic quality control skills
in the receipt and completion of their own work to the specified quality
standards 23
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In addition, according to the needs and operational
requirements of the enterprise, employees at this level
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4.
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May be required to exercise the skills necessary to assist
in providing basic on-the-job instruction 18by way of demonstration and
explanation;
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5.
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May be required to record basic information on production
and/or quality indicators 22 as required;
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6.
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May be required to work in a team environment 24;
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7.
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May be required to apply minor equipment/machine
maintenance;
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8.
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May be required to exercise key pad skills 11;
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9.
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May be required to exercise the level of English literacy
and numeracy skills to effectively perform their tasks;
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10.
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May commence training in additional skills required to
advance to a higher skill level.
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Skill Level 2 - Employees at this level exercise the skills
required to be graded at Skill Level 1; and
1.
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Shall work to defined procedures/methods, either individually
or in a team environment; and
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2.
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Shall exercise the skills to perform intermediate tasks 2;
and
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3.
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Shall understand and apply quality control skills in their
own work and component parts 10
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(including understanding of the
likely cause(s) of deviations to specified quality standards in their own
work).
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In addition, according to the needs and operational
requirements of the enterprise, employees at this level:
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4.
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May be required to exercise the skill necessary to assist
in providing on-the- job instruction to
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employees in skills required at Skill Level 2 and below by
way of demonstration and
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explanation;
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5.
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May be required to record detailed information in
production and/or quality indicators as required;
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6.
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May be required to exercise team work skills;
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7.
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May be required to identify and rectify minor equipment/machine
faults, and report problems that cannot be rectified to a mechanic or
supervisor;
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8.
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May be required to exercise basic computer skills 12;
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9.
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May commence training in additional skills required to
advance to a higher skill level.
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Skill Level 3 - Employees at this level exercise the skills
required to be graded at Skill Level 2; and
1.
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Shall exercise discretion, initiative and judgement on the
job in their own work, either individually or in a team environment; and
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2.
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Shall exercise skills to:
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(a) perform a
complex task(s) 3 or
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(b) perform a
series of different operations on a machine(s) 4,5 or
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(c) use a variety
of machine types 6 three of which require the exercise of level 2 skills and
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3.
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(a) Shall be
responsible for quality assurance19 in their own work and assembly of
component parts including having an understanding of how this work relates to
subsequent
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production processes and its
contribution to the final appearance of the garment.
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In addition, according to the needs and operational
requirements of the enterprise, employees at this level:
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(b) May be
required to investigate causes of quality deviations 21 to specified
standards and recommend preventative action.
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4.
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May be required to exercise the skills necessary to assist
in providing on-the-job instruction to employees in skills required at Skill
Level 3 and below by way of demonstration and explanation.
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5.
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May be required to record detailed information on, and
recommend improvements to,
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production and/or quality.
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6.
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May be required to take a co-ordinating role 13 for a
group of workers or in a team environment (which includes contributing to the
identification and resolution of the problems of others and assisting in
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defining work group procedures and
methods), where the members of the group or team are at Skill Level 3 and
below.
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7.
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May be required to exercise advanced equipment maintenance
and problem solving skills (including identification of major equipment
faults).
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8.
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May commence training in additional skills required to
advance to a higher skill level.
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Skill Level 4 - Employees at this level exercise the skills
required to be graded at Skill Level 3 and have a comprehensive knowledge of product
construction. Employees at this level shall also:
* Apply skills and knowledge, equivalent to that of a
qualified tradesperson, that have been acquired as a result of training or
experience; or
* Hold a relevant trade certificate; and
1.
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Shall work largely independently 15 (including developing
and carrying out of a work plan to specifications), and
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2.
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Shall exercise a range of skills involving planning,
investigation and resolution of problems, and/or training and/or supervision,
and/or specialised technical tasks, or shall make a whole garment to
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specifications, or exercise
equivalent skills 7.
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In addition, according to the needs and operational requirements
of the enterprise, employees at this level:
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3.
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May be required to apply quality control/assurance
techniques to their work group or team.
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4.
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May have designated responsibility16 for the training of other
employees (and if so shall be trained trainers).
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5.
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May be responsible for quality and production records
relating to their own work group or team.
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6.
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May be required to take a co-ordinating role for a group of
workers or in a team environment (which includes contributing to the
identification and resolution of the problems of others and assisting in
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defining work group procedures
and methods), where the members of the group or team are at Skill Level 4 and
below.
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7.
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May be required to exercise advanced equipment maintenance
and problem solving skills (including identification of major equipment
faults and organisation or performance of necessary repair).
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8.
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May commence training in additional skills required to
advance to a higher skill level.
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Explanation of Terms -
1.
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Basic Tasks - Uncomplicated tasks which are easily learned
and involve little decision making whether machine or non- machine.
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Basic machine tasks are those where the positioning of the
work may be controlled by guidebars and sensor lights, or other such guiding devices or where there is
uncomplicated feeding of the fabric.
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2.
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Intermediate Tasks - Tasks which are more difficult to
learn, involve more decision making than Skill Level 1 tasks and which may
require fabric knowledge, whether machine or non-machine.
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Intermediate machine tasks require skill in positioning,
feeding and handling of work involving directional changes, contouring or
critical stopping points, or require feeding and handling skills beyond those
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of a Skill Level 1 operator
because of fabric variation. Intermediate non-machine tasks require skills to
perform a sequence of related tasks.
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3.
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Complex Tasks - Tasks which are more difficult to learn
and involve a higher level of decision making than Skill Level 2 tasks,
whether machine or non-machine.
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Complex machine tasks require fabric manipulation skills
and knowledge beyond those of a Skill Level 2 operator to perform more
difficult tasks or to handle and align the sections while ensuring correct
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shaping of the end result because
of the complexity of combining parts or because of frequent variation in
fabrics.
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4.
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Series of different operations on a machine(s) - Performing
a sequence of different operations on a machine(s) to complete the majority
of a complex garment.
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5.
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Machine - Any piece of equipment which performs a
significant part of an operation in:
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designing/grading of patterns;
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marker spreading;
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spreading of fabric;
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cutting, sewing, finishing,
pressing and packaging of products, and which is powered by an external
source, i.e., electricity, steam or compressed air or combinations of these.
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Hand tools are not machines and refer to those items which
are primarily powered by the operator, e.g., scissors, shears, staplers,
tagging guns and tape dispensers.
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6.
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Variety of machine types - Three or more different types of
machines which are sufficiently different in their operation to require the
exercise of different skills (i.e., a button holer
and a button sewer are
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the same machine type for this
purpose, whereas a button holer and an overlocker
are different machine types).
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7.
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Whole garment machinist or equivalent skills - A machinist
who works largely independently in producing a complex garment from written
specifications and patterns.
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Examples of "equivalent skills" include:
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sample machinist;
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a machinist who performs each of the operations required
to complete a complex whole garment from specifications;
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a fully multi-skilled machinist
who is required to perform any of the operations involved in the making of a
complex whole garment to specification.
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8.
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Skill - The application of a combination of abilities, knowledge
and attributes to competently
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perform a given activity or
activities.
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9.
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Competence - The ability to perform a particular activity
or activities to a prescribed standard (or standards) and under a prescribed
set of circumstances.
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10.
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Component parts - The parts of the product which the
operator receives in order to perform the
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operator’s job.
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11.
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Key pad skills - Ability to use a small panel of keys,
either numerical or with symbols, to operate equipment.
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12.
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Basic computer skills - Use of a computer to enter,
retrieve and interpret data.
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13.
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Co-ordinating role - A role which involves responsibility
for organising and bringing together the work and resource requirements of a
work group or team.
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14.
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Defined procedures/methods - Specific instructions
outlining how an operator is to do the operator’s job.
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15.
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Largely independently - Where the employee is accountable
for the employee’s own results including:
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carrying out assigned task;
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co-ordinating processes;
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setting and working to deadlines.
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16.
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Designated responsibility - Identified by management as a
person with a specific role or responsibility.
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17.
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Minor equipment/machine maintenance - Includes cleaning
and minor adjustments to the equipment involved. In the case of sewing
machines, for example, it may include:
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changing needles;
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cleaning;
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lubrication;
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tension and stitch adjustment.
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18.
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On-the-job instruction - Demonstrating, showing,
explaining and/or guiding other employees as to how to perform a particular
task or operation to a competent standard.
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19.
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Quality assurance - The overall system and plans used to
provide confidence that goods and services will satisfy given requirements.
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20.
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Quality control - The activities used to check that
materials and products meet quality specification; includes the grading of
product into acceptable and unacceptable categories.
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21.
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Quality deviations - Departures from a quality standard.
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22.
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Quality indicators - Information used to determine whether
a quality standard has been met.
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23.
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Specified quality standards - Detailed standards against
which quality is measured.
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24.
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Team environment - An environment involving work
arrangements in which a group of people work closely, flexibly and in
co-operation with each other to ensure efficient and effective performance.
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9. Apprentices or
Improvers - Rates of Pay
The minimum weekly rates of wages to be paid to apprentices
or improvers shall be as follows:
9.1 Apprentices -
All groups in the industry -
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Percentage of Skill
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Level 4
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1st year -
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1st six months
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50
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2nd six months
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55
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2nd year -
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1st six months
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60
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2nd six months
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65
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3rd year -
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1st six months
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70
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2nd six months
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75
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4th year -
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1st six months
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80
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2nd six months
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85
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Thereafter - the appropriate adult rate.
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9.2 Improvers - All
groups in the industry -
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Percentage of Skill
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Level 2
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16 years and under
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50
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16.5 years
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55
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17 years
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60
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17.5 years
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65
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18 years
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69
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18.5 years
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72
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19 years
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75
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19.5 years
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80
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20 years
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85
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The percentage wages set out in subclauses 9.1 and 9.2 shall
be calculated in multiples of 5 cents, amounts of 2 cents or less being taken
to the lower multiple and amounts in excess of 2 cents being taken to the
higher multiple. Provided that any
improver:
9.2.1 with at least three years' and not more than four years'
experience in the clothing trades industry shall be paid not less than the
percentage of the appropriate rate for a 20 year old improver;
9.2.2 after four years' experience in the clothing trades industry
shall be paid the appropriate rate for an adult employee respectively in the
classification in which the employee is employed;
9.2.3 having attained 20 years of age and who has had more than
two years' experience in the clothing trades industry shall be paid the
appropriate adult rate.
9.3 Time served by
an apprentice or improver in the clothing trades industry or similar experience
in the textile industry or in any full-time government sponsored training
course which is approved by the appropriate State Industry Training Committee
shall be counted as experience for the purpose of apprenticeship or improvership, both as regards wages and the terms to be
served in respect of the continuation of the employment of such apprentice or
improver. Provided that such person having attained the age of 21 years shall,
unless that person is the holder of a permit granted pursuant to clause 12,
Aged, Infirm or Slow Workers, be paid the wage herein prescribed for an adult
employee.
9.4 Limitation -
only employees of skill level 3 or greater shall work on a Hoffman type
manually operated press.
10. Apprenticeship and
Improvership
10.1 Apprenticeship
10.1.1 Subject to
subclause 10.2 an employer shall not employ improvers in the following
classifications of this award otherwise than under an indenture of apprenticeship
as hereinafter provided:
Group A - Order Tailoring for
Males - Adult Classification -
Cutter marking in and/or cutting out
Tailor or tailoress (as
defined)
Group B - Order Tailoring for Females - Adult
Classification -
Cutter marking in and/or cutting out
Tailor or tailoress (as
defined)
10.1.2 Employees
other than those referred to in subclause 10.1.1 may be apprenticed, and if
engaged as apprentices shall be engaged under an indenture of apprenticeship.
10.1.3 Apprentices
shall be indentured in accordance with Appendix "A" (Form of
Indenture of Apprenticeship) and the said indenture shall be subject to any
variation hereof. A copy of the
indenture shall be lodged by the employer with the Industrial Registrar.
10.1.4 It
shall be the duty of the employer to see that the form of indenture of any
apprentice is duly completed and to deliver to the apprentice a complete
original copy within seven days of it being signed by the parties.
10.1.5 The
proportion of apprentices who may be taken on by an employer shall be one to
each employee of the classification referred to in subclause 10.1.1 receiving
the adult rate.
10.1.6 The
term of an apprenticeship shall be four years.
10.1.7 Juniors
may be taken on probation for three months and, if apprenticed, such time shall
count as part of the term of apprenticeship.
10.1.8 An
apprentice who cannot complete the full term of apprenticeship before reaching
their twenty-second birthday may, by agreement with the employer, serve as an apprentice
until the apprentice reaches the age of 23 years.
10.1.9 An
indenture of apprenticeship may be assigned, suspended or cancelled:
(i) by mutual consent of the parties after seven days' notice by
either party; or
(ii) by the employer (subject to the approval of the Industrial
Committee) if through lack of orders or financial difficulties:
(1) the employer is unable to find suitable employment for the
employer’s apprentice; or
(2) the employer is desirous of transferring the apprentice to
another employer but such transfer cannot be arranged; or
(iii) by the Industrial Committee.
10.1.10 Where existing indentures are inconsistent with indentures
herein prescribed the existing indentures shall be deemed to be amended
accordingly.
10.1.11 Attendance
at Technical Schools - Apprentices attending technical colleges or schools and
presenting reports of satisfactory conduct shall be reimbursed all fees paid by
them.
10.1.12 Operation
of State Laws - In New South Wales any statute relating to apprentices or any
authority with statutory power which has issued or may issue any regulations
relating to apprentices, including any provisions relating to proficiency
payments, shall operate provided that the provisions thereof are not
inconsistent with this award.
The provisions of any statute, award or regulation
relative to the attendance of apprentices at technical schools during ordinary
working hours or to disciplinary powers of apprenticeship authorities over
apprentices and employer shall not be deemed to be inconsistent with this
award.
10.2 Improvership - Subject to subclause 10.1.1 improvers may be
employed by an employer in any section of the industry. The proportion of
improvers who may be employed by an employer shall be: two to each employee within
that classification receiving the adult rate.
10.3 Calculation of
Proportion - In calculating the proportion of the number of employees receiving
the adult rate working proprietors shall be included. Each classification shall
be considered separately and a proprietor shall be counted in only one
classification.
11. State Training
Wage
The parties to this award shall observe the terms of the
Training Wage (State) Award 2002, as amended.
Each breach of the Training Wage (State) Award 2002 is a distinct and
separate breach of this clause.
12. Aged, Infirm Or Slow Workers
12.1 Any person who by
reason of age, inability or infirmity is not capable of performing all the
duties ordinarily required of the person’s position may be employed at a rate
less than the rate fixed in this award with the consent in writing of the
Secretary of the Union or the Industrial Registrar or Deputy Industrial
Registrar. The consent must state the name of the person to be employed, the
nature of the proposed employment, the name of the employer, the wages to be
paid and the grounds upon which the consent is given. Each consent shall
relate to one employee only and shall state a term of not
longer than six months.
12.2 When the
Industrial Registrar or Deputy Industrial Registrar has issued a permit, the
Industrial Registrar or Deputy Industrial Registrar (as the case may be) shall
notify the Secretary of the Union.
13. Workers Eligible
for a Supported Wage
13.1 This clause
defines the conditions which will apply to employees who, because of the
effects of a disability, are eligible for a supported wage under the terms of
this award. In the context of this
clause, the following definitions will apply:
13.1.1 "Supported
Wage System" means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a
disability, as documented in "Supported Wage System: Guidelines and
Assessment Process".
13.1.2 "Accredited assessor"
means a person accredited by the management unit established by the
Commonwealth under the Supported Wage System to perform assessments of an
individual's production capacity within the Supported Wage System.
13.1.3 "Disability
support pension" means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security Act 1991, as amended
from time to time, or any successor to that scheme.
13.1.4"Assessment instrument" means the forms provided
for under the Supported Wage System that records the assessment of the
productive capacity of the person to be employed under the Supported Wage
System.
13.2 Eligibility
Criteria - Employees covered by this clause will be those who are unable to
perform the range of duties to the competence level required within the class
of work for which the employee is engaged under this award, because of the
effects of a disability on their productive capacity and who meet the
impairment criteria for receipt of a disability support pension. This clause does not apply to any existing
employee who has a claim against the employer which is subject to the
provisions of workers' compensation legislation or any provisions of this award
relating to the rehabilitation of employees who are injured in the course of
their current employment.
This award does not apply to employers in respect of
their facility, program, undertaking, service or the like which receives
funding under the Disability Services Act
1986 and fulfils the dual role of service provider and sheltered employer to
people with disabilities who are in receipt of or are eligible for a disability
support pension, except with respect to an organisation which has received
recognition under section 10 or section 12(A) of the Disability Services Act 1986 or, if a part only has received
recognition, that part.
13.3 Supported Wage
Rates - Employees to whom this clause applies shall be paid the applicable
percentage of the minimum rate of pay prescribed by this award for the class of
work which the person is performing, according to the following schedule:
Percentage Assessed
Capacity
|
Percentage of
Prescribed
|
(subclause 13.4)
|
Award Rate
|
*10
|
10
|
20
|
20
|
30
|
30
|
40
|
40
|
50
|
50
|
60
|
60
|
70
|
70
|
80
|
80
|
90
|
90
|
(Provided that the minimum amount payable shall not be less
than $81 per week.)
*Where a person's assessed capacity is 10 per cent, they
shall receive a high degree of assistance and support.
13.4 Assessment of Capacity
- For the purpose of establishing the percentage of the award rate to be paid
to an employee under this award, the productive capacity of the employee will
be assessed in accordance with the Supported Wage System and documented in an
assessment instrument by either:
13.4.1 the
employer and the Union in conjunction with the employee or, if desired by any
of these:
13.4.2 the
employer and an accredited assessor from a panel agreed by the parties to the
award and the employee.
13.5 Lodgement of Assessment
Instrument
13.5.1 All assessment
instruments under the conditions of this clause, including the appropriate
percentage of the award wage to be paid to the employee, shall be lodged by the
employer with the Registrar of the Industrial Relations Commission of New South
Wales.
13.5.2 All assessment
instruments shall be agreed and signed by the parties to the assessment;
provided that, where the Union is not a party to the assessment, it shall be referred
by the said Registrar to the Union by certified mail and shall take effect
unless an objection is notified to the Registrar within ten working days.
13.6 Review of
Assessment - The assessment of the applicable percentage should be subject to
annual review, or earlier on the basis of a reasonable request for such a
review. The process of review shall be
in accordance with the procedures for assessing capacity under the Supported
Wage System.
13.7 Other Terms and
Conditions of Employment - Where an assessment has been made, the applicable
percentage shall apply to the wage rate only. Employees covered by the
provisions of this clause shall be entitled to the same terms and conditions of
employment as all other workers covered by this award paid on a pro rata basis.
13.8 Workplace
Adjustment - An employer wishing to employ a person under the provisions of
this clause shall take reasonable steps to make changes in the workplace to
enhance the employee's capacity to do the job. Changes may involve redesign of
job duties, working time arrangements and work organisation, in consultation
with other workers in the area.
13.9 Trial Period -
13.9.1 In order for an
adequate assessment of the employee's capacity to be made, an employer may
employ a person under the provisions of this clause for a trial period not
exceeding 12 weeks, except that in some cases additional work adjustment time
(not exceeding four weeks) may be needed.
13.9.2 During the trial
period, the assessment of capacity shall be undertaken and the proposed wage
rate for a continuing employment relationship will be determined.
13.9.3 The minimum amount
payable to the employee during the trial period shall be no less than $81 per
week.
13.9.4 Work trials should
include induction or training as appropriate to the job being trialled.
13.9.5 Where the employer
and employee wish to establish a continuing employment relationship following
the completion of the trial period, a further contract of employment shall be
entered into based on the outcome of assessment under subclause 13.4.
13.10 Provided that any
person currently employed under the provisions of clause 12, Aged, Infirm or
Slow Workers, at a rate fixed with the consent of the Secretary of the Union or
of the Industrial Committee should continue to be paid at that rate as if the
insertion of this clause had not been made.
14. Hours of
Employment
14.1
14.1.1 Subject to any
clause of this award which prescribes otherwise, all employees other than
casual employees and part-time employees shall be engaged by the week. Except
where an arrangement has been made in accordance with 14.1.2, 38 hours shall
constitute a week's work to be worked within five days, Monday to Friday,
inclusive, and within the following hours: time of beginning 6.00 a.m. time of
ending 6.00 p.m. No employee shall be rostered for duty for longer than eight
hours without payment of overtime unless an arrangement has been made in
accordance with the last proviso to this subclause. Provided further that
any other starting and finishing times, other than those herein prescribed, and
the number of hours in excess of eight on any day which may be worked without
the payment of overtime, may be agreed upon by the employer and at least 75 per
cent of the employees concerned and assented to by the Union in writing or as
approved by the Industrial Committee.
14.1.2 Subject to the
daily limitations prescribed in subclause 14.1.1, where the employer and a
majority of employees agree, the hours of work may be arranged by any one of
the following methods:
(i) By
working shorter hours on one or more days of each week.
(ii) Fix a day on
which all employees will be off during a particular work cycle.
(iii) Roster
employees off on various days of the week during a particular work cycle.
(iv) Where
employees are entitled to a rostered day or days off in accordance with
subclauses 14.1.2(ii) or 14.1.2(iii), the employer shall notify such employees
at least four weeks in advance of the weekday the employee is to take off.
Where an employee has not accumulated a full day's entitlement when a rostered
day off occurs, such employee shall for that day receive payment for the actual
time accrued.
(v) Where the
employer and the employees agree, rostered days off may accumulate to a maximum
of seven days which shall be taken in one or two continuous periods within one
month of such accrual.
Notwithstanding this, accumulated rostered days off may
be taken in more than two continuous periods by agreement in writing from the
Secretary of the Union.
(vi) Where an
arrangement is made in accordance with this clause, starting and finishing
times and the daily and weekly hours so determined shall constitute the
ordinary working hours and work performed outside or in excess of such times
and hours will constitute overtime for the purpose of this award.
(vii)
(1) An employer,
with the agreement of the majority of employees concerned, may substitute the
day an employee is to take off in accordance with an arrangement pursuant to
subclause 14.1.2 for another day in the case of a breakdown in machinery or a
failure or shortage of electric power or to meet the requirements of the
business in the event of rush orders or some other emergency situation.
(2) An individual
employee, with the agreement of the employer, may substitute the day they are
to take off for another day.
(viii) Where an
employer wishes to arrange working hours by fixing a day on which all employees
will be off during a particular work cycle the employer shall approach the
Secretary of the Union to seek the agreement of the Union. The Secretary shall
not unnecessarily withhold such agreement.
14.2 Except in the
case of an emergency, the employer shall give one week's notice of any
alteration to the starting and ceasing times of ordinary work.
14.3 The ordinary
working hours shall be prominently displayed in each workshop or factory.
14.4 Shift Work -
Permanent Press Plant - Employees working as hot head press operators and curing
oven attendants directly connected with the operation of permanent press plant
may be employed on afternoon shifts, subject to the following conditions:
14.4.1 An afternoon shift
shall only be introduced by an employer subject to the matter being referred to
the Industrial Relations Commission of New South Wales and approval obtained.
14.4.2 "Afternoon
shift" shall mean a shift finishing after 6.00 p.m. but not later than
midnight.
14.4.3 An employee when
working on such afternoon shift shall be paid as follows:
(i) when on time work, at the employee’s ordinary rate plus 15
per cent;
(ii) when under any system of payment by results, the employee’s
earnings under such system plus an additional amount of 15 per cent.
14.4.4 Any time worked by
a shift worker in excess of eight hours in any one day or 38 hours in any one
week, shall be paid for at the penalty rates prescribed in clause 16, Overtime.
14.4.5 Twenty minutes
shall be allowed to afternoon shift workers each shift for crib which shall be counted
as time worked and which shall be arranged at a convenient time as near as
practicable to the middle of the shift.
14.4.6 Shift workers
shall not receive the shift penalty prescribed in 14.4.3 in respect of payment
for sick leave, public holidays or annual leave.
14.5
14.5.1 Shift Work - Adult
employees employed by the employer(s) listed in subclause 14.5.2 may be
employed on a weekly afternoon shift basis, subject to the following conditions
which have been agreed between the Union and the aforesaid employer(s):
(i) For
the purpose of this subclause, "afternoon shift" shall mean a shift
finishing after 5.00 p.m. but not later than 11.00 p.m.
(ii) Part-time
employees may be employed to work on afternoon shift for a lesser number of
hours per week than 38.
(iii) Part-time
employees employed under subclause 14.5.1(ii) will be employed subject to the
terms and conditions of clause 27, Part-time Employees.
(iv) An
employee when working afternoon shift shall, in addition to the employee’s
ordinary rate, be paid in respect of each hour an amount equivalent to 22.5 per
cent of the rate applicable to the work performed.
(v) Any time worked
by a shift worker in excess of 7.6 hours in any one day or 38 hours in any one
week shall be paid for at the penalty rates prescribed in clause 16, Overtime,
provided that the number of hours worked on any day may exceed 7.6 hours
without the payment of overtime if such hours are worked in accordance with a
program of working hours agreed upon by the employer and the employees
concerned and assented to by the Union in writing.
(vi)
(1) For a shift of
greater than five hours' duration, twenty minutes shall be allowed to employees
on an afternoon shift for a break, which shall be counted as time worked, and
which shall be arranged at a convenient time as near as practicable to the
middle of the shift.
(2) For a shift of
five hours or less duration, fifteen minutes shall be allowed to employees on
an afternoon shift for a break, which shall be counted as time worked, and
which shall be arranged at a convenient time as near as practicable to the
middle of the shift.
(vii)
(1) In the case of
absenteeism or other emergency situation, an employee who is not usually
engaged on an afternoon shift basis, and who is required to work shift work on
a temporary basis, shall, in addition to the employee’s ordinary rate of pay,
be paid one thirty-eighth of the rate prescribed in subclause 14.5.1(iv), for
each hour worked on afternoon shift. Provided any time worked on any afternoon
shift on that day by an employee who had already completed a shift on that day
shall be paid for at the overtime penalty rates prescribed by the said clause
16 of this award.
(2) An employee
being recalled to work overtime in accordance with subclause 14.5.1(vii)(1)
after leaving the employer's business premises shall be paid a minimum of four
hours' work at the appropriate overtime rate for each time the employee is so
recalled.
(3) When an
employee working overtime on a shift in accordance with subclauses 14.5.1(vii)(1) or 14.5.1(vii)(2) for which the employee has not been
regularly rostered, finishes work at a time when the employee’s usual or other
reasonable means of transport are not available, the employer shall provide the
employee with conveyance to the employee’s home or pay the employee’s ordinary
wages for the time reasonably occupied in reaching the employee’s home.
(viii) In relation to
the matter of transfers between afternoon shift and ordinary working hours, the
employer shall give preference to all employees who have notified in writing to
the employer their desire for such transfer.
Provided that the employer shall be excused from the
obligation to give preference in accordance with this paragraph in the case of
any particular vacant situation where the employer has reasonable grounds to
believe (and does believe) that the employee(s) desirous of transfer are
unsuitable for performing the duties of that vacant position.
14.5.2 Employers the subject of this subclause are listed below:
(NOTE: None listed as at date of gazettal.)
14.5.3 Procedure to be
followed by employers who wish to be covered by this clause is as follows:
(i) An
employer who wishes to employ employees on a weekly afternoon basis shall write
to the Secretary of the Union seeking the agreement of the Union.
The Secretary of the Union shall deal expeditiously
with the request for shiftwork and if agreement is
reached shall confirm that agreement in writing to the employer.
15. Midday Meal
Interval
15.1 An interval of
not more than one hour and not less than 30 minutes shall be allowed for the
midday meal.
15.2 The meal interval
shall be observed between the hours of 11.30 a.m. and 2.00 p.m.
15.3 An employer shall
be in breach of the award if they allow an employee to perform any work during
that employee's meal time.
16. Overtime
16.1 All time worked by a weekly employee, including a part-time
employee, in excess of the employee’s normal number of daily hours or outside
the daily limits prescribed in clause 14, Hours of Employment, shall be paid
for at the rate of time and a half for the first three hours and double time
thereafter. Each day shall stand alone for the purpose of calculating overtime
and any overtime worked on any day of the week shall be paid for on a daily
basis.
16.2 An employee paid
under any system of payment by results, when working overtime, shall be paid,
in addition to the ordinary earnings paid under such system for work done in
excess time, such sum per hour as is equivalent to the award rate divided by
76. Provided that, for work in excess of three hours' overtime on any day, the
employee shall be paid, in addition to ordinary earnings, such sum per hour as
equivalent to the award rate divided by 38.
16.3 Requirement to
work reasonable overtime
16.3.1 Subject to
paragraph 16.3.2 an employer may require an employee to work reasonable
overtime at overtime rates.
16.3.2 An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
16.3.3 For the purposes
of paragraph 16.3.2 what is unreasonable or otherwise will be determined having
regard to:
(a) Any risk to
employee health and safety;
(b) The employee’s
personal circumstances including any family and carer responsibilities;
(c) The needs of
the workplace or enterprise;
(d) The notice (if any)
given by the employer of the overtime and by the employee of his or her
intention to refuse it;
(e) Any other
relevant matter.
16.3.4 The Union shall
not in any way, whether directly or indirectly, be a party to or concerned in
any ban, limitation or restriction upon the working of overtime in accordance
with this subclause.
16.4 No employee under
the age of 16 years shall be employed on overtime beyond 6.00 p.m.
16.5 An employee
required to work for longer than one and a half hours after the usual ceasing
time shall be allowed at least 30 minutes for a meal break. Provided that this
provision shall not apply to employees on any day where there is an early
ceasing time, unless a total of five and a half hours or more, inclusive of
overtime, is to be worked following the midday meal break.
16.6 An employee,
other than an employee subject to subclause 16.5, who is required to work
overtime for more than one hour beyond the ordinary ceasing time on any day,
other than on a working day of less than eight ordinary hours, shall be
entitled to a rest period of ten minutes paid for at the appropriate rate.
17. Meal Money
17.1 Subject to
subclause 17.3, an employee required to work overtime for more than one hour
after the employee’s usual ceasing time or beyond 6.00 p.m. (whichever is the
later) on any day, Monday to Friday inclusive, shall either be supplied with an
adequate recognised evening meal by the employer from an established canteen on
the premises or paid as set out in Item 3 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, in lieu thereof.
17.2 If the notice is
given and overtime is not worked (except as a result of a breakdown in
machinery or plant) the tea money prescribed herein shall be paid.
17.3 An employee who
works under an arrangement set in accordance with subclause 14.1.2 which
provides for that employee to cease ordinary hours of work early on a Friday,
shall not be entitled to receive a meal allowance or be supplied with an
adequate meal pursuant to this clause in respect of any period of overtime in
excess of one hour carried out on that Friday where such overtime is completed
before 6.00 p.m. on that day.
18. Rest Period
18.1 Employees shall
be entitled to two daily rest periods, each of ten minutes, without loss of
pay.
18.2 These rest
periods must be taken between the hours of 9.30 a.m. and 11.00 a.m., and 2.30
p.m. and 4.00 p.m., at the discretion of the employer.
18.3 In the
circumstances where a rest period would otherwise occur after the cessation of
an employee's daily work, such rest period will occur prior to the cessation of
work.
18.4 During such rest
periods, employees may leave their work stations but may not leave the
premises.
19. Mixed Functions
19.1 The following
conditions shall apply to an employee engaged on time work and employed for
various periods on duties carrying a higher rate than the employee’s ordinary
classification:
19.1.1 For two hours or
less of one day, payment shall be at the higher rate for the time so worked.
19.1.2 For more than two
hours of one day, payment shall be at the higher rate for such day.
19.1.3 For more than two
days of a week, payment shall be at the higher rate for the full week.
19.2 Where an employee
engaged on time work is employed on higher tasks than the employee is normally
employed, the employer shall keep an accurate record of the time worked by such
an employee on each class of work. In
the absence of an accurate record, the employee shall be entitled to the higher
rate of pay for the whole of the week.
20. Terms of
Engagement
20.1 Method of
Engagement - Subject to the provisions of this award, employees may be engaged
either on a weekly (including part-time) or a casual basis.
20.2 Termination of
Employment -
20.2.1 Notice of
termination by employer -
(i)
(1) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice (except where the employment is terminated in
accordance with subclause 20.2.1(i)(2)):
Period of Continuous Service
|
Period of Notice
|
1 year or less
|
1 week
|
Over 1 year and up to the completion of 3 years
|
2 weeks
|
Over 3 years and up to the completion of 5 years
|
3 weeks
|
Over 5 years
|
4 weeks
|
(2) Where an employer
terminates the employment of an employee for reasons arising from
"technology" in accordance with subclause 53.1.1, and that employer
employs more than 15 employees immediately prior to the termination of
employment, the employer shall give to the employee three months' notice of
termination. (This period of notice 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.)
(ii) In addition to
the notice in subclause 20.2.1(i), employees over 45
years of age at the time of the giving of the notice, with not less than two
years' continuous service, shall be entitled to an additional week's notice
(except where the employment is terminated in accordance with subclause 20.2.1(i)(2)).
(iii) Payment in lieu
of the notice prescribed in subclauses 20.2.1(i)
and/or 20.2.1(ii), 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.
(iv) In calculating
any payment in lieu of notice, the wages an employee would have received in
respect of the ordinary time the employee would have worked during the period
of notice, had the employee’s employment not been terminated, shall be used.
(v) The period of
notice in this clause shall not apply in the case of dismissal for conduct that
justifies instant dismissal, or in the case of casual employees, apprentices,
or employees engaged for a specific period of time or for a specific task or
tasks.
(vi) For
the purpose of this clause notice given not later than 10.00 a.m. on any
day shall be regarded as a full day's notice, otherwise a further day's notice is required.
(vii) For the purposes
of this clause, continuity of service shall be calculated in the manner
prescribed by 21.4, Calculation of Continuous Service, of clause 21, Annual
Leave.
(viii) When employment
is terminated by an employer, the employer shall, upon the date of such
termination, pay to the employee (weekly or piece worker) all monies due to him
or her. When employment is terminated by an employee in
accordance with the terms of this award the employer shall, upon the date of
termination, pay the employee (weekly or piece worker) all monies due to him or
her. Monies due shall include a payment in lieu for any time which may
have accrued in accordance with an arrangement pursuant to 14.1.2, Hours of
Employment.
(ix) An employee
shall not be given notice or dismissed, except for misconduct, whilst
legitimately absent from duty on accrued sick leave or on annual leave, and the
days on which an employee is absent from duty on account of such sick leave or
annual leave shall not be counted as within a working week's
notice for the purpose of this award, unless, in the case of sick leave,
an employee had been given notice prior to the employer being informed that
paid sick leave was to be taken. Alternatively, an employee shall not be
entitled to give an employer notice while absent on account of paid sick leave
and paid annual leave.
(1) Notice of
Termination by Employee - The notice of termination required to be given by an
employee shall be the same as that required of an employer, save and except
that there shall be no additional notice based on the age of the employee
concerned. If an employee fails to give notice the employer shall have the
right to withhold the monies due to the employee with a maximum amount equal to
the ordinary time rate of pay for the period of notice. Provided that where an
employee, employer and the Union agree, the employee may be released prior to
the expiry of the notice period, with payment of wages to the date of
termination only.
(2) Time
Off During Notice Period - Where an employer has given notice of
termination to an employee, the employee shall be allowed up to one day's time
off without loss of pay for the purpose of seeking other employment. The time
off shall be taken at times that are convenient to the employee after
consultation with the employer.
(3) 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.
(4) Summary
Dismissal - The provisions of this clause shall not affect the right of an
employer to dismiss any employee without notice for conduct that justifies
instant dismissal, including malingering, inefficiency or neglect of duty.
Where an employee is so dismissed payment shall be made from time actually
worked to the time of dismissal.
(5) Unfair Dismissals
- Termination of employment by an employer shall not be harsh, unjust or
unreasonable.
For the purposes of this clause, termination of
employment shall include terminations with or without notice.
Without limiting the above, except where a distinction,
exclusion or preference is based on the inherent requirements of a particular
position, termination on the ground of race, colour, sex, marital status,
family responsibilities, pregnancy, religion, political opinion, national
extraction and social origin shall constitute a harsh, unjust or unreasonable
termination of employment.
(6) Transmission of
Business -
(A) Where a business
is, before or after the date of this award, transmitted from an employer (in
this subclause called "the transmittor") to
another employer (in this subclause called "the transmittee"),
and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:
(1) the continuity of the employment of the employee shall be
deemed not to have been broken by reason of such transmission; and
(2) the period of employment which the employee has had with the
transmittor or any prior transmittor
shall be deemed to be service of the employee with the transmittee.
(B) In this
subclause "business" includes trade, process, business or occupation
and includes part of any such business, and "transmission" includes
transfer, conveyance, assignment or succession whether by agreement or by
operation of law and "transmitted" has a corresponding meaning.
20.3 Other Terms of
Employment -
20.3.1 In the event of
the work of the factory or section of the factory or workshop being stopped by
a breakdown of machinery or for any cause for which the employer cannot
reasonably be held responsible other than on account of lack of orders and/or a
shortage of material, all weekly hands who present themselves for work shall be
found work for that day or paid one day's wages in lieu thereof. However, an employer may, when such causes
occur, give notice to an employee that their services will not be required on
the following day or days, and the employee shall not be entitled to any
further payment in respect of any further days that they are out of employment
by reason of such causes.
Provided that, for any day upon which an employee
cannot be usefully employed because of any strike or lockout by any persons
whatsoever, or any failure or lack of power arising away from the premises of
the employer, or any restriction or shortage of power for which an employer
cannot justly be held responsible, all weekly employees who are required to
attend for work and do so attend on that day shall be paid a minimum of two
hours' pay at ordinary rates. If required to perform work or remain at work for
longer than two hours, payment shall be made at ordinary rates for all time
standing by and time worked.
20.3.2 During the first
two weeks of employment, the services of an employee may be terminated by the giving
of one hour's notice by either the employer or the employee, or by the payment
or forfeiture of one hour's pay in lieu of notice. Provided that, after the
first day and during the balance of the first two weeks of an employment, where
on any day the employer terminates the services of an employee other than for
malingering, neglect of duty or misconduct, the employer shall be required to
pay the employee not less than a day's pay for that day.
20.3.3 No employee shall,
without just cause, be absent from their employment during the prescribed hours
whilst there is work ready to be done by them, and the employee must be
available, ready and willing to work on the days and during the hours fixed by
this award.
20.3.4 An employee not
attending for duty shall, except as provided in clause 23, Sick Leave, lose
their pay for the actual time of such non attendance.
20.3.5 Where at least 90
per cent of the employees in a factory, workshop or section reach agreement
with an employer, and with the assent of the Union, to take a period of leave
of absence without pay on the working day before or after a public holiday, the
employer shall be entitled to stand down without pay for that day the remaining
employees in such factory, workshop or section.
20.3.6 Payment of Wages -
Subject to 32.2.5, Outworkers, which sets out the requirements for the payment
of wages to outworkers, employees shall be paid in full all wages due to them
during the ordinary working hours not later than two working days following the
termination of the working week. Provided, however, that where at least 50 per
cent of the employees in a factory, workshop or section agree, and with the
consent in writing of the Secretary of the Union, payment in full of all wages
due may be made in the form of a cash transfer to the employee's nominated
account. Such transfer shall occur not later than during the forenoon of the
second working day following the termination of the working week. Provided that
where there are circumstances of genuine hardship caused by this method of
payment the employer shall pay the wages due to the particular employee in
cash.
Where an arrangement is made on the basis that ordinary
working hours shall average 38 per week over a particular work cycle, wages may
be paid on the basis of 38 ordinary hours worked in each week even though in
some weeks during that cycle, the ordinary working hours may be more or less
than 38 hours.
On or prior to pay day the employer shall state in
writing to each employee details of the payment to which the employee is
entitled, the amount of each deduction made therefrom and the net amount being
paid to the employee.
20A.
Deduction of Union Membership Fees
20A.1 The
employer shall deduct Union membership fees (not including fines or levies)
from the pay of any employee, provided that
20A.1.1 the
employee has authorised the employer to make such deductions in accordance with
subclause 20A.2 herein;
20A.1.2 the
Union shall advise the employer of the amount to be deducted for each pay period
applying at the employer's workplace and any changes to that amount;
20A.1.3 deduction
of union membership fees shall only occur in each pay period in which payment
has or is to be made to an employee; and
20A.1.4 there
shall be no requirement to make deductions for casual employees with less than
two months' service (continuous or otherwise).
20A.2 The
employee's authorisation shall be in writing and shall authorise the deduction
of an amount of Union fees (including any variation in that fee effected in
accordance with the Union's rules) that the Union advises the employer to
deduct. Where the employee passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the employer without first obtaining the employee's consent
to do so. Such consent may form part of the written authorisation.
20A.3 Monies so deducted
from employees' pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer's election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts, provided that:
20.A.3.1 where
the employer has elected to remit on a weekly or fortnightly basis, the
employer shall be entitled to retain up to five per cent of the monies
deducted; and
20.A.3.2 where the employer has elected to remit on a monthly or
quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of
the monies deducted.
20A.4 Where an employee
has already authorised the deduction of Union membership fees in writing from
his or her pay prior to this clause taking effect, nothing in this clause shall
be read as requiring the employee to make a fresh authorisation in order for
such deductions to commence or continue.
20A.5 The Union shall
advise the employer of any change to the amount of membership fees made under
its rules, provided that this does not occur more than once in any calendar year.
Such advice shall be in the form of a schedule of fees to be deducted
specifying either weekly, fortnightly or monthly as the case may be. The Union
shall give the employer a minimum of two months' notice of any such change.
20A.6 An
employee may at any time revoke in writing an authorisation to the employer to
make payroll deductions of Union membership fees.
20A.7 Where an employee
who is a member of the Union and who has authorised the employer to make
payroll deductions of Union membership fees resigns his or her membership of
the Union in accordance with the rules of the Union, the Union shall inform the
employee in writing of the need to revoke the authorisation to the employer in
order for payroll deductions of union membership fees to cease.
21. Annual Leave
21.1 Period of Leave -
A period of 28 consecutive days' leave shall be allowed annually to an
employee, other than a casual or part-time employee, after 12 months continuous
service (less the period of annual leave).
21.2 Annual Leave Exclusive
of Public Holidays - The annual leave prescribed by this clause shall be
exclusive of any of the holidays prescribed by clause 28, Holidays. If any such holiday falls within an
employee's period of annual leave and is observed on a day which, in the case
of that employee, would have been an ordinary working day, an amount equivalent
to the ordinary time which the employee would have worked if such day had not
been a holiday shall be added to the period of annual leave.
Where an employee without reasonable cause, proof
whereof shall lie upon the employee, is absent from their employment on the
working day or part of the working day prior to the commencement of their
annual leave, and fails to resume work at their ordinary starting time on the
working day immediately following the last day of the period of their annual
leave, the employee shall not be entitled to payment for the public holidays
which fall within the employee’s period of annual leave.
21.3 Broken Leave -
The annual leave shall be given and taken in one or two continuous periods.
If the annual leave is given in two continuous periods,
then one of those two periods must be of at least 12 working days, exclusive of
public holidays.
Provided that if the employer and an employee so agree,
then the employee’s annual leave entitlement may be
given and taken in three separate periods.
21.4 Calculation of
Continuous Service - For the purpose of this clause, service shall be deemed to
be continuous notwithstanding:
21.4.1 any interruption or
termination of employment by the employer, if such interruption or termination
has been made merely with the intention of avoiding the employer's obligations
hereunder in respect of leave of absence;
21.4.2 any absence from
work on account of personal sickness or accident or on account of leave granted
by the employer or absence due to long service leave. Provided that any continuous period of unpaid
leave in excess of four weeks shall not be deemed to be service for the
calculation of annual leave; or
21.4.3 any
absence with reasonable cause, proof whereof shall be upon the employee.
In cases of personal sickness or accident or absence
with reasonable cause - For the employee to become entitled to the benefit of this
subclause they shall inform the employer in writing, if practicable, within 48
hours of the commencement of such absence, of their inability to attend for
duty and as far as practicable the nature of the illness, injury or cause and
the estimated duration of their absence. A notification given by an employee
pursuant to clause 23, Sick Leave, shall be accepted as a notification under
this subclause.
Any absence from work by reason of any cause, not being
a cause specified in this subclause, shall not be deemed to break the
continuity of service for the purposes of this clause unless the employer,
during the absence or within fourteen days of termination of the absence,
notifies the employee in writing that such absence will be regarded as having
broken the continuity of service.
In cases of individual absenteeism, such notice shall
be given in writing to the employee concerned by delivering it to the employee
personally or by posting it by registered or certified mail to the employee’s
last recorded address, in which case it will be deemed to have reached the
employee in due course of post.
In cases of concerted or collective absenteeism, notice
may be given to employees by the posting up of a notification in the factory in
the manner in which general notifications to employees are usually made in the
factory and by posting to each union whose members have participated in such
concerted or collective absenteeism a copy thereof not later than the day it is
posted up in the factory.
In calculating the period of twelve months' continuous
service, any such absence as aforesaid (other than long service leave) shall
not, except to the extent of not more than 25 days in a twelve-month period in
the case of sickness or accident, be taken into account in calculating the
period of twelve months' continuous service.
21.5 Calculation of
Service - Service before the date of this award shall be taken into
consideration for the purpose of calculating annual leave. However, an employee shall not be entitled to
leave or payment in lieu thereof for any period in respect of which leave or a
payment in lieu thereof has been allowed or made under the award hereby
superseded. The annual leave shall be
allowed at the rate of twelve and two-thirds hours for each completed month of
continuous service. The period of annual
leave to be allowed under this subclause shall be calculated to the nearest
day, with any broken part of a day in the result not exceeding half a day to be
disregarded.
Where the employer is a successor or assignee or transmittee of a business, if an employee was in the
employment of the employer's predecessor at the time when the employer became
such successor or assignee or transmittee, the
employee, in respect of the period during which the employee was in the service
of the predecessor shall, for the purpose of this clause, be deemed to be in
the service of the employer.
21.6 Calculation of
Month - For the purpose of this clause the first completed month of service
shall be reckoned as commencing with the beginning of the first working day of
an engagement and as ending on a corresponding day so as to ensure that the
employee concerned has completed four weeks of working time or time regarded as
working time with an employer.
21.7 Leave to be Taken - The annual leave provided for by this clause shall
be allowed and shall be taken and, except as provided by 21.11 and 21.12,
payment shall not be made or accepted in lieu of annual leave.
21.8 Time of Taking
Leave - Subject to the provisions of 21.3, 21.9, 21.11 and 21.12, annual leave
shall be given at a time fixed by the employer within a period not exceeding
three months from the date when the right to annual leave accrued and after at
least three months' notice to the employee. Provided that where the leave is
taken in two or three periods, the first period shall be taken within a period
not exceeding three months, and the balance shall be taken not later than six
months from the date when the right to leave accrued or 30 September next
following, whichever is the later.
21.9 Leave Allowed
before Due Date -
21.9.1 An employer may
allow an employee who so agrees to take annual leave either wholly or partly in
advance. In such case a further period
of annual leave shall not commence to accrue until after the expiration of the
twelve months in respect of which the annual leave or part thereof had been
taken.
21.9.2 Where annual leave
or part thereof has been granted pursuant to 21.9.1, before the right to annual
leave has accrued, and the employee subsequently leaves or is discharged from
the service of the employer before completing the twelve months' continuous
service in respect of which the leave was granted, and the amount paid by the
employer to the employee for the annual leave or part so taken in advance
exceeds the amount which the employer is required to pay the employee under
21.11 of this clause, the employer shall not be liable to make any payment to
the employee under 21.11, and shall be entitled to deduct the amount of excess
from any remuneration payment to the employee upon the termination of
employment.
21.10 Payment for Period
of Leave -
21.10.1 Each
employee before going on leave shall be paid all wages which would normally
become due and payable during the period of leave. For the purposes of 21.11, wages shall,
subject to the provisions hereinafter contained, be at the rate prescribed by
clauses 6, Rates of Pay, and 9, Apprentices or Improvers - Rates of Pay, for
the occupation in which the employee was ordinarily employed immediately prior
to the commencement of the employee’s leave or the termination of the
employee’s employment, as the case may be.
21.10.2 An
employee who is not working under an incentive scheme based on production but
who is receiving a weekly overaward payment shall be
entitled to receive the whole of such weekly overaward
payment for each week of annual leave to which they are entitled. Provided that
all amounts paid in respect of overtime, shift work or penalty rates shall be
excluded. Provided further that the overaward payment
shall not apply where the employee receives pro rata payment in lieu of annual
leave on termination of employment with less than twelve months' service in any
twelve-month qualifying period for annual leave, except in cases where an
employee with more than six months' service with an employer is terminated by
that employer other than for misconduct or where an employee terminates during
the year on account of personal illness, substantiated by a medical
certificate, or where an employee terminates on the day that the factory closes
down for annual leave.
Where an employee has accrued a full entitlement to
annual leave after a qualifying twelve-month period of service and their
employment ceases for any reason before the whole or any part of such leave
entitlement has been taken, the weekly overaward
payment referred to in this paragraph shall apply in respect to that full
entitlement or any remaining portion thereof.
21.10.3 Payment
in the case of an employee under any system of payment by results shall be at
the time rate, provided that:
(i) When
taking annual leave the employee, for the purpose of paid leave, shall, for
each week or part thereof of annual leave to which the employee is entitled,
receive an additional payment based on the average weekly incentive payment
earned in excess of the appropriate award wage for the classification
concerned. The average shall be calculated on a forty-week qualifying period
and applied to ordinary hours only in respect of any incentive scheme based on
production during the "qualifying period of employment" in each year.
(ii) The
"qualifying period of employment" means -
(1) In the case of
an employee taking annual leave at Christmas, the period of 40 consecutive
weeks commencing with the first pay period in February. If annual leave is
taken in two or three periods the same average additional payment for the first
period shall also apply to the second and/or third period.
(2) In the case of
an employee taking annual leave at any other time, the first 40 consecutive
weeks in the twelve months immediately preceding the date of the taking of
annual leave.
(3) Where an
employee is not employed during the whole of the "qualifying period"
the employee shall still be eligible for such additional payment but the
average incentive payments earned shall be calculated on the period of
employment falling within the said 40 consecutive weeks.
(iii) In the case of
an employee absent on long service leave during any "qualifying period of
employment" both the period of such leave and the payment in respect
thereof shall be excluded from the calculation of average incentive payments
earned.
(iv) Payment
of any bonus or incentive in respect of "unrated work" shall be
regarded as payment in respect of an incentive scheme for the purpose of
21.10.3(i).
(v) In calculating
the average incentive payments earned, all amounts paid in respect of overtime,
shift work or penalty rates shall be excluded.
(vi) The additional
payment as specified in 21.10.3(i) shall not apply to
employees receiving pro rata payment in lieu of annual leave on termination of
employment with less than twelve months' service in any twelve-month qualifying
period for annual leave, except in the case where an employee with a total of 6
months' service with an employer is terminated by that employer, other than for
misconduct, or where an employee terminates during the year on account of
personal illness, substantiated by a medical certificate, or where an employee
terminates on the day that the factory closes down for annual leave.
Where an employee has accrued a full entitlement to
annual leave after a qualifying twelve-month period of service, and their
employment ceases for any reason before the whole or any part of such leave
entitlement has been taken, the additional payment referred to in 21.10.3(i) shall apply in respect of that full entitlement or any
remaining portion thereof.
21.10.4 Loading
on Annual Leave - During a period of annual leave (including any period of leave
allowed before due date) an employee shall receive a loading calculated on the
award rate of wage prescribed by clauses 6, Rates of Pay, and 9, Apprentices or
Improvers - Rates of Pay, for the occupation in which the employee was
ordinarily employed immediately prior to the commencement of the employee’s
leave.
This loading, applicable to both time workers and
payment by results workers, shall be as follows:
(i) Employees
on Day Work - An employee who would have worked on day work had the employee not
been on leave shall receive a loading of 17.5 per cent.
(ii) Employees on
shift work - An employee who would have worked on shift work had the employee
not been on leave shall receive a loading of 17.5 per cent.
Provided that where the employee would have received a
shift loading prescribed by 14.4 and 14.5, Hours of Employment, had the
employee not been on leave during the relevant period and such shift loading
would have entitled the employee to a lesser amount than the loading of 17.5
per cent, then such loading of 17.5 per cent shall be added to the award rate
of wage prescribed herein in lieu of the shift loading.
The loading prescribed by this paragraph is payable
when services terminate in the following circumstances and not otherwise:
(1) in respect of any untaken part of a full entitlement to
annual leave for which payment in lieu is made;
(2) in respect of
any uncompleted twelve-month period for which proportionate leave on
termination is payable, if services are terminated by the employer for reasons
other than malingering, inefficiency, neglect of duty or misconduct, after 25
August in any year, or in the case of an employee who would not normally be
taking any annual leave over the Christmas/New Year period if such termination
by the employer is within four calendar months of the date the employee would
normally have taken the employee’s annual leave; or
(3) in respect of any employee entitled to payment pursuant to
21.11.3.
21.11 Proportionate
Leave -
21.11.1 If
after one month's continuous service in any qualifying twelve-month period an
employee leaves their employment or is discharged for malingering,
inefficiency, neglect of duty or misconduct, they shall be paid at their
ordinary rate of wage for twelve and two- thirds hours in respect of each
completed month of continuous service with the employer as from the
commencement of the employment and the service shall be service for which leave
has not already been granted.
21.11.2 If
after one month's continuous service in any part of a qualifying twelve-month
period an employee is terminated by the employer except for malingering,
inefficiency, neglect of duty or misconduct, the employee shall be paid for
leave for 2.923 hours for each completed week of continuous service with the
employer, the service being service in respect of which leave has not already
been granted.
21.11.3 If
during the second or any subsequent year of an employee's continuous service
with an employer their service terminates for any reason at the close of
business on the day on which the plant or that section thereof in which such
employee is employed closes for the December annual close down and the employee
was involved in a similar close down in the December of the previous year, then
such employee shall be paid on termination the equivalent of four weeks' annual
leave pay in respect of continuous service during the then current calendar
year. Provided that
such employee had not previously been allowed any annual leave in respect of
service during that calendar year.
Where any period of leave had already been allowed in respect of such
service, the employee's entitlement upon termination shall be the difference
between four weeks and the period so allowed. Any payment made pursuant to this
paragraph shall be in substitution for and not cumulative upon any entitlement
which would otherwise have arisen pursuant to 21.11.1 and 21.11.2 in respect of
service during the then current calendar year. In addition, the employee shall
be paid the annual leave loading prescribed by 21.10.4 applicable to the
quantum of leave for which payment in lieu is to be made upon termination
pursuant to this paragraph. In calculating the period of continuous service as
aforementioned, reference should be made to subclause 21.4.
21.11.4 For the
purposes of this subclause the rate of wage shall be calculated in accordance
with 21.10.1, 21.10.2 and 21.10.3.
21.12 Annual Closedown -
Where an employer closes down their plant, or a section or sections thereof, for
the purpose of allowing annual leave to all or the bulk of the employees in the
plant or section or sections concerned, the following shall apply:
21.12.1 The
employer may, by giving at least three months' notice of their intention so to
do, stand off for the duration of the closedown all employees in the plant or
section or sections concerned and allow to those who are not then qualified for
a full entitlement to annual leave paid leave on a proportionate basis of 2.923
hours for each completed week of continuous service, subject to and then
including the initial qualifying period of one month of continuous service with
the employer. Provided that where in any establishment a ballot indicates that
at least 75 per cent of employees agree, and with the consent of the union, the
period of closedown may be extended and all employees stood down without pay
for a further period of not more than two days.
21.12.2 An
employee who has then qualified for a full entitlement to annual leave for
twelve months' continuous service pursuant to 21.1, and has also completed a
further week or more of continuous service shall be allowed the employee’s
leave and shall, subject to 21.5, also be paid for 2.923 hours in respect of
each completed week of continuous service performed since the close of the
employee’s last twelve-month qualifying period.
21.12.3 Except
where annual leave is allowed before the due date in accordance with 21.12.1,
the next twelve-month qualifying period for each employee affected by such
close down shall commence from the day on which the plant or section concerned
is re-opened for work. Provided that all time during which an employee is stood
down without pay for the purposes of this subclause shall be deemed to be time
of service in the next twelve-month qualifying period.
21.12.4 If, in
the first year of the employee’s service with an employer, an employee who is
allowed proportionate leave under 21.12.1 subsequently within such year leaves
their employment or their employment is terminated by the employer, they shall
be entitled to the benefit of 21.11, subject to adjustment for any
proportionate leave which the employee may have been allowed.
21.13 An outdoor worker
subject to the qualifying period of one month's continuous service shall be paid
on termination of employment or, when taking annual leave an amount equal to
one-twelfth of the employee’s total earnings for that period of employment in
respect of which leave has not already been granted.
When taking annual leave there shall
be added to the aforementioned amount a loading of 17.5 per cent.
Provided, however, that the monetary amount of such loading shall not exceed
the amount which an ordinary weekly employee in the same classification would
receive by way of an annual leave loading in respect of the same period of
employment.
21.14 Proportionate
payment for annual leave shall be made by an employer in respect of each
completed month of continuous service when the employee leaves their employment
or, in accordance with 21.11.2, where an employee is terminated by the employer
before the completion of any twelve- month qualifying period under this clause.
Payment shall be made on the employee so leaving or on their employment being
so terminated, as the case may be.
21.15 An employer may
close down the plant or section thereof in two periods, for the purpose of
granting annual leave. Provided that the longer of the two periods of leave
shall be at least twelve working days exclusive of
public holidays. Such longer period
shall be granted by the employer during the December-January period unless
otherwise agreed in writing by the employer and the Secretary of the union or,
in the event of a dispute, as decided by the Industrial Relations Commission of
New South Wales. Provided that the employer may close down the plant or section
thereof in three separate periods, subject only to the following conditions:
21.15.1 That at
least 75 per cent of the employees in the plant as a whole or a section
thereof, as the case may be, mutually agree with an employer on three separate
periods of leave and mutually agree upon the date when the third closure is to
be made. An employer in conjunction with an accredited representative of the
Union may seek such an agreement with their employees in the plant as a whole
or a section thereof, as the case may be, by means of secret ballot and not
otherwise.
21.15.2 That
the employees concerned be given at least three months' notice of the proposed
closures.
21.15.3 That
the longest of the three periods of leave shall be at least twelve days
exclusive of public holidays.
21.15.4 That
the second and/or third closedown period shall take place not later than 30
September, in the year following the first close down period.
21.15.5 Subject
to the special provisions contained in this subclause, all other provisions of
the annual leave clause shall apply in respect to the obligations and rights of
employers and employees.
22. Trade Union
Training Leave
22.1 Subject to 22.2, a
Union delegate or elected employee work place representative shall, upon
application in writing, be granted up to five days' leave with pay each
calendar year, non-cumulative, to attend courses conducted or approved by the
Australian Trade Union Training Authority which are designed to promote good
industrial relations and industrial efficiency within the clothing industry.
This notice to the employer must include details of the
type, content and duration of the course to be attended.
22.2 Employers may
approve leave in accordance with this clause, subject to the following
limitations:
22.2.1 Where
the employer employs up to and including 49 employees in a workplace, 5 union
delegates or elected workplace representatives may be granted 5 days' leave per
calendar year.
22.2.2 Where
the employer employs between 50 and 150 employees inclusive in a workplace, 10
union delegates or elected work place representatives may be granted 5 days'
leave per calendar year.
22.2.3 Where
the employer employs 150 or more employees in a workplace, 15 union delegates
or elected workplace representatives may be granted 5 days' leave per calendar
year.
22.2.4 The
numbers contained in this clause may be varied by mutual agreement between the
Union and an employer.
22.3 The granting of
such leave shall be subject to the employee or the Union giving at least one
calendar month's notice of the intention to attend
such course, or such lesser period as may be agreed between the employer, the
Union and the employee concerned.
Provided that the taking of such leave shall be
arranged so as to minimise any adverse effect on the employer's operations.
22.4 Leave of absence
granted pursuant to this clause shall count as service for all purposes.
22.5 Each employee on
leave approved in accordance with this clause shall be paid all ordinary time
earnings which normally become due and payable during the period of the leave,
such wages to be calculated in accordance with 21.10, Annual Leave.
22.6 All expenses
(such as travel, accommodation and meals) associated with or incurred by the
employee attending a training course during leave approved pursuant to this
clause shall be the responsibility of the employee or the Union unless
otherwise agreed between the employer, the Union and the employee concerned.
22.7 Should an
employee granted leave pursuant to this clause fail to attend the nominated
course, the employer shall be notified by the Union as soon as practicable, and
no payment is to be made by the employer in respect of leave for the employee
concerned.
22.8 In the event that
a scheduled rostered day off resulting from a work arrangement established in
accordance with clause 14, Hours of Employment, falls within a period of leave approved
pursuant to this clause, no alternative day shall be substituted in lieu.
22.9 Employees granted
leave pursuant to this clause shall inform their employer after the completion
of the course of the nature of the course and their observations on it.
23. Sick Leave
A weekly employee and a part-time employee (to the extent
specified) who is absent from work on account of personal illness or on account
of injury shall be entitled to leave of absence without deduction of pay,
subject to the following conditions and limitations -
23.1 The employee
shall not be entitled to paid leave of absence unless the employee has been in
the service of the employer concerned for at least one month immediately prior
to such absence.
23.2 The employee
shall not be entitled to paid leave of absence for any
period in respect of which the employee is entitled to workers' compensation.
23.3 The employee
shall, no later than the working day following the commencement of such
absence, inform the employer of the inability to
attend for duty and, as far as practicable, state the nature of the illness or
injury and the estimated duration of the absence.
23.4 In the case of an
employee employed subject to 14.1, Hours of Employment, that employee shall,
prior to the commencement of work or as soon as it is reasonably practicable
and during the ordinary hours of the first day or shift, inform the employer of
the employee’s inability to attend for duty and, as far as practicable, state
the nature of the injury or illness and the estimated duration of the absence.
If it is not reasonably practicable to inform the employer during the ordinary
hours of the first day or shift of such absence the employee shall inform the
employer within 24 hours of the commencement of the absence.
23.5 The employee
shall prove to the satisfaction of the employer that they were unable on
account of such illness or injury to attend for duty on the day or days for
which sick leave is claimed. For such purpose the employer may require the
employee to make a statutory declaration or produce other reasonable evidence
which is satisfactory to the employer, justifying the cause of absence.
23.6
23.6.1 An employee shall
be entitled to paid leave of absence for not more than
38 hours of working time owing to such ill health or injury during their first
sick leave year of continuous service with an employer. Such sick leave year
shall be as defined in 23.12.
Provided that an employee, after one month's continuous
service, shall only be entitled to paid sick leave proportionate to the period
of employment from the date of engagement until 31 December next following
calculated on the basis of 3.17 hours ordinary pay for each complete month or
part thereof. If such employee subsequently leaves their employment of their
own accord other than on account of personal illness substantiated by a medical
certificate or is dismissed for misconduct the employer may deduct from any
monies due to the employee an amount equivalent to the value of any paid sick
leave allowed in excess of that to which the employee would be entitled if
calculated on the basis of 3.17 hours ordinary pay for each completed month of
service or part thereof.
23.6.2 The employee shall
be entitled during the second sick leave year of continuous service with an
employer to paid leave of absence for not more than 46 hours of working time,
subject to any accumulated leave to which the employee may be entitled in
accordance with 23.9.
23.6.3 The employee shall
be entitled during the third or subsequent sick leave year of continuous
service with an employer to paid leave of absence for not more than 61 hours of
working time, subject to any accumulated leave to which the employee may be
entitled in accordance with 23.9.
23.7 An employee under
any system of payment by results entitled to paid
leave of absence under this clause shall be paid at the time work rate
applicable to the classification. The
time work rate "applicable to the classification" is the award rate
applicable to that classification defined in 6.1, Rates of Pay.
23.8 For the purpose
of this clause, a month shall be reckoned as commencing with the beginning of
the first day of the employment or period of employment in question and as
ending at the beginning of the day which has the same day number as the
commencing day. If there be no such day
in the subsequent month, it shall be reckoned as ending at the end of the
subsequent month.
23.9 For the purpose
of this clause, where an employee is terminated by the employer and is re-employed
by that employer within a period not exceeding three months, the service with
the employer immediately prior to the dismissal shall be taken into account in
calculating the employee's entitlement to sick leave. That is to say, the
employee's entitlement to sick leave shall be calculated as though their period
of service has been continuous, and any sick leave credits accrued to the
employee at the time of termination shall not be affected to the detriment of
the employee.
23.10 Cumulative Sick
Leave - Sick leave shall accumulate from year to year and may be claimed by the
employee and, shall be allowed by the employer in a subsequent year without
diminution of the sick leave prescribed in respect of that year. Provided that
sick leave which accumulated pursuant to this subclause shall be available to
the employee for a period of eight years but not longer
from the end of the year in which it accrues.
23.11 For the purpose
only of sick leave entitlements provided in this clause, and where a clothing
industry business is transmitted from an employer to another employer and a
worker who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee within two weeks of such transmission:
23.11.1 the continuity of the employment of the employee shall be
deemed not to have been broken by reason of such transmission;
23.11.2 the period of employment which the employee has had with the
transmittor or any prior transmittor
shall be deemed to be employment of the employee with the transmittee;
23.11.3 "transmission", for the purpose of this subclause,
includes transfer, conveyance, assignment or succession (whether by agreement
or by operation of law) and "transmitted" has a corresponding
interpretation.
23.12 For the purpose of
this clause, a year shall be deemed to be from the first day of January to the
31st day of December inclusive.
23.13 Sickness on
Rostered Day Off - Where an employee is absent on account of illness or injury
on the weekday they are to take off in accordance with an arrangement pursuant
to 14.1.2, Hours of Employment, the employee shall not be entitled to sick pay
nor shall the employee’s sick pay entitlement be reduced as a result of their
absence on that day.
24. Personal/Carer's
Leave
24.1 Use of Sick Leave
-
24.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in 24.1.3(ii) 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 23, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency. Such leave may be taken for part
of a single day
24.1.2 The employee
shall, if required,
(1) 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, or
(2) establish by production of documentation acceptable to the
employer or a statutory declaration, the nature of the emergency and that such
emergency resulted in the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
24.1.3 The entitlement to
use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person
concerned; and
(ii) the person concerned being:
(1) a spouse of the employee; or
(2) 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
(3) 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
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of the employee who is a member of the same
household, where for the purposes of this subparagraph:
(A) "relative" means a person related by blood, marriage or
affinity;
(B) "affinity" means a relationship that one spouse because
of marriage has to blood relatives of the other;
(C) "household" means a family group living in the same
domestic dwelling.
24.1.4 An employee shall,
wherever practicable, give the employer notice prior to the absence of the intention
to take leave, the name of the person requiring care and that person's
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the employer by telephone of
such absence at the first opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 4, Dispute Settlement Procedure, should be followed.
24.2 Unpaid Leave for
Family Purpose -
24.2.1 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 24.1.3(ii) above
who is ill or who requires care due to an unexpected emergency.
24.3 Annual Leave -
24.3.1 An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
24.3.2 Access to annual
leave, as prescribed in 24.3.1, shall be exclusive of any shutdown period
provided for elsewhere under this award.
24.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
24.3.4 An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
24.4 Time Off in Lieu
of Payment for Overtime -
24.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
24.4.2 Overtime taken as
time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
24.4.3 If, having elected
to take time as leave in accordance with 24.4.1, the leave is not taken for
whatever reason payment for time accrued at overtime rates shall be made at the
expiry of the 12 month period or on termination.
24.4.4 Where no election
is made in accordance with 24.4.1, the employee shall be paid overtime rates in
accordance with the award.
24.5 Make-up Time -
24.5.1 An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
24.5.2 An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
24.6 Rostered Days Off
-
24.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
24.6.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
24.6.3 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 a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
24.6.4 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.
24.7 Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 24.1.2 and 24.1.4 casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 24.1.3(ii) of this clause who are
sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(3) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
25. Payment By Results
25.1 Operation of PBR
Systems - An employer may maintain, alter or institute a system of payment by results,
subject only to the provisions and limitations set out in this clause.
The existence and operation of a system of payment by
results shall be subject to the consultative mechanisms specified in this
clause and, where appropriate or necessary, to the provisions of Schedule
"A", Consultative Committees.
25.2 Payment by
Results Earnings -
25.2.1 The employer shall
pay an employee working under a payment by results system a minimum amount each
week equal to the award wage appropriate to the employee’s Skill Level.
25.2.2 The employer shall
pay the employee for each hour worked an amount not less than one thirty-eighth
of the award wage appropriate to the employee’s Skill Level.
25.2.3 Where a employee does not work for
thirty-eight hours in any week, the employer shall pay the employee a pro rata
amount of money according to the number of hours worked by the employee
appropriate to the employee’s Skill Level.
25.2.4 The employer shall
calculate the minute pay rate for each standard time minute by dividing the
total award wage for skill Level 1 by 2280.
Where an employer is currently paying a higher rate
than this the higher rate shall continue to be applied and shall not be
increased until such time as the rate, as calculated by this subclause, meets
or exceeds the higher rate.
25.2.5 An employer shall
calculate the payment by results earnings of a worker by multiplying the minute
pay rate by the excess of the standard time produced over real time worked
under payment by results.
25.2.6 The employer shall
pay the worker the worker’s payment by results earnings calculated in
accordance with subclause 25.2.4 in addition to the total award wage
appropriate to the worker’s Skill Level.
25.2.7 Where a worker
earns payment by results earnings for work performed in any day, such earnings
shall be credited to the worker and shall not be reduced because the worker
fails to earn payment by results earnings in any other day.
25.2.8 An apprentice or
improver employed pursuant to clause 10, Apprenticeship and Improvership,
shall be deemed to be producing bonus minutes when they have produced that
number of minutes in proportion to the ordinary daily adult number of minutes
as their rate of pay is in proportion to the appropriate adult award rate.
25.2.9 An employer,
subject to the provisions of subclause 25.3, may fix or alter a time standard
in respect of any garment or part of a garment, or any article or part of an
article, provided such time standard is set consistent with the objective that
75% of workers (excluding trainees being new entrants to the clothing industry
employed as trainees for up to three months) in any given period earn at least
20% more than the total award wage for skill Level 1.
This subclause shall not act in any way to impose a
guarantee on the amount of an individual worker's payment by results earnings.
25.3 Time Standards -
An employer shall calculate the time standard allowed for the performance of
work in accordance with the following:
25.3.1 An employer shall consult
with the payment by results workers and union representative(s) prior to the
finalisation of any time standard fixed in accordance with this clause and
shall provide to the payment by results workers and the union representative(s)
the basis upon which the payment by results system is calculated, including
appropriate allowances and the likely weekly earnings on such time standard.
On application by the Secretary of the Union, the
employer shall make available the basis of such a system.
25.3.2 The setting of a
time standard shall take into account the nature and method of the work to be
completed and the conditions under which it is performed, including appropriate
allowances.
25.3.3 Time standards
shall be set to provide the consistent and similar earnings by workers with
similar training, instruction, skill method and performance in a work area in
an enterprise using a system of payment by results.
25.3.4 Once a time
standard has been fixed in accordance with this clause, it shall not be altered
except where any of the following circumstances occur:
there is a change in the
manufacturing methods;
there is a change in the
materials used;
there is a change in the
machines or equipment used;
there is a change in the
quality requirements;
to correct an agreed error in
the existing time standard;
by agreement between the
employer, the payment by results workers, and union representative(s).
25.3.5 An employer shall
clearly display a copy of the time standard for each payment by results
operation in each work area in each enterprise. The copy of the time standard
shall be updated within twenty-four hours of any changes to the time standards.
25.3.6 Once a time
standard has been fixed in accordance with this clause, it shall be recorded in
a register and signed and dated by the employer and union representative(s).
25.3.7 The employer shall
also display in each work area in each enterprise a conversion table to enable
a worker to convert time standards into monetary amounts.
25.4 Implementation,
Review and Alteration of a PBR System - For the purpose of this clause,
"workers affected" means a person or persons whose work is directly
involved in any way whatsoever by the implementation of a payment by results
system.
25.4.1 The existence and
operation of a system of payment by results shall be subject to the
consultative mechanism specified in this clause and, where appropriate or
necessary, to the provisions of Schedule "A", Consultative
Committees.
25.4.2 An employer may,
with the agreement of seventy-five per cent of the workers affected, operate a
payment by results system for the workers.
25.4.3 The employer
shall, every six months, table a summary of the results of the payment by
results system to allow the consultative committee and union representative(s)
to assess whether the payment by results system meets the criteria of subclause
25.2.9 of this clause.
25.4.4 Every calendar
year in the month of February the employer shall, in consultation with the
workers whose work is directly involved in any way whatsoever, conduct a vote
of such workers on whether the payment by results system will continue. If
seventy-five per cent of such workers vote to discontinue the payment by
results system, the employer shall do so. The outcome of this review shall be
reported to the Secretary of the Union.
25.4.5 If, in accordance
with the vote of workers whose work is directly involved in any way whatsoever,
the payment by results system is discontinued, the employer may, after three
months, in consultation with the consultative committee and the union
representative(s), introduce a new payment by results system in accordance with
the provisions of this subclause.
25.4.6 The consultative
committee and the Union may seek the assistance of an agreed independent expert
on payment by results systems and the employer shall engage the expert chosen
and pay all expenses associated with the engagement of the expert.
25.5 Training - An
employer implementing a payment by results system pursuant to this clause shall
provide each worker with appropriate training to ensure that individual
performance is the only variable distinguishing workers within a skill level as
outlined clause 8, Skill Levels.
25.6 Work Records - An
employee shall complete work records in accordance with the employer's
directions. Any wilful falsification of such records will be sufficient ground
for instant dismissal of the employee concerned. Where necessary the employer
shall make arrangements for collecting the work records without loss of time to
the employee concerned.
26. Casual Workers
26.1 An employer shall
only engage a casual worker during one 8-week period in any 12-month period,
unless in accordance with subclause 26.2.
26.2 An employer may
engage a casual worker for a specific period of time to replace a designated
person where the period of engagement does not exceed 13 weeks in aggregate in
any 12-month period. The period of time for which the casual worker is engaged,
together with any other special conditions of employment, shall be confirmed in
writing at the time of engagement.
26.3 An employer shall
pay a casual worker one thirty-eighth of the award wage for the worker’s
classification plus 33.33 per cent per hour.
26.4 An employer shall
apply all the provisions of this award to a casual worker, including the
provisions of clause 16, Overtime, with the exception of the following clauses:
Clause 21, Annual Leave;
Clause 23, Sick Leave;
Clause 28, Holidays.
26.5 An employer shall
not require a casual worker to attend for duty more than once on any one day.
26.6 The employment of
a casual worker may be terminated by the employer or the casual worker by the
giving of one hour's notice.
26A.
Secure Employment
26A.1 Work Health and
Safety
26A.1.1. For the purposes of this subclause, the following
definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(b) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
26A.1.2. Any employer which engages a labour hire business and/or a
contract business to perform work wholly or partially on the employer’s
premises shall do the following (either directly, or through the agency of the
labour hire or contract business):
(a) consult with employees of the labour hire business and/or
contract business regarding the workplace
work health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
work health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method statements
that they would otherwise supply to their own employees; and
(d) ensure employees of the labour hire business and/or contract
business are made aware of any risks identified in the workplace and the
procedures to control those risks.
26A.1.3. Nothing in this subclause 26A.3 is intended to affect or
detract from any obligation or responsibility upon a labour hire business
arising under the Work Health and Safety
Act 2011 or the Workplace Injury
Management and Workers Compensation Act 1998.
26A.2. Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
26A.3. This clause has no application in respect of organisations
which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council
27. Part-Time
Employees
27.1 An employer may
employ a part-time employee on a weekly basis in accordance with clause 20,
Terms of Engagement.
27.2 For the purposes
of this clause a part-time employee is a person who is employed for less than
38 hours per week.
27.3 An employer shall
pay a part-time employee one thirty-eighth of the award wage for the employee's
classification per hour.
27.4 An employer shall
apply all the provisions of this award to a part- time worker, including the
provisions of clause 21, Annual Leave, clause 23, Sick Leave, and clause 28,
Holidays, on a pro rata basis according to the number of hours worked by the
employee.
27.5 Provided that -
27.5.1 by agreement in
writing signed by the employer and the employee, the provisions of clause 21,
Annual Leave, clause 23, Sick Leave, and clause, 28, Holidays, shall not apply
and in lieu of these provisions the employer shall pay the part-time employee
an additional twenty per cent of the award wage for the employee's
classification per hour;
27.5.2 where, for a
period not exceeding two calendar months or by an agreement in writing for a
longer period, signed by the employer and the employee, the part-time employee
genuinely works an irregular number of hours each week, the employer may pay
the part-time employee in accordance with subclause 27.5.1.
27.6 An employer may employ
a part-time employee within the ordinary spread of hours applicable to
full-time employees. Where such part-time employee works for more hours in a
day than the number of hours for which the part-time employee is ordinarily
employed or is employed at a time outside the ordinary spread of hours, the
hourly rate (exclusive of the 20 per cent loading, if paid) shall be increased
in accordance with clause 16, Overtime.
27.7 An employer shall
pay a part-time employee employed under a payment by results system in
accordance with clause 25, Payment by Results, but in no case shall any
part-time employee be paid less than the award wage for their classification as
is proportionate to the time worked by them.
27.8 An employer shall
calculate the payment or deduction of payment in lieu of notice, the
entitlement to severance pay, the entitlement to annual leave and the
entitlement to sick leave provided by this award on a proportionate basis. The basis for this calculation shall be the
average weekly number of hours worked by the part-time employee during the
preceding 12 months or, if there is not a 12- month period of the employment,
then the average of the actual hours worked during the period of employment.
27.9 An employer shall
grant a part-time employee the holidays provided in clause 28, Holidays, where
such holiday falls on a day that the part-time employee would normally have
worked. An employer shall pay a part-time employee for the number of hours the
part-time employee would normally have worked on that day.
27.10 An employer shall
not require a part-time employee to attend for duty more than once on any one
day.
27.11 An employee who
was engaged as a casual worker in accordance with clause 26, Casual Workers,
prior to 1 May 1990, and who is now engaged as a part-time employee in
accordance with clause 27, shall, for the duration of their employment, be paid
33.33 per cent loading in lieu of a twenty per cent loading as provided in this
clause.
28. Holidays
28.1 All employees,
other than casual employees, shall be granted the following holidays without
deduction of pay, which is the ordinary rate of pay an employee would have
received for the hours that they would have worked had the day not been a
holiday: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Easter Tuesday, Labor Day, Anzac Day, Queen's
Birthday, Christmas Day and Boxing Day.
Provided that if any other day is by State Act of
Parliament or State Proclamation substituted for any of the said holidays, the
day so substituted shall be observed.
Where a special public holiday is proclaimed by
Order-in-Council or otherwise gazetted by the authority of the Australian
Government or of a State Government under any State Act and generally observed
throughout New South Wales, such day shall be deemed to be a holiday for the
purpose of this award.
28.2
28.2.1 When Christmas Day
is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27
December.
28.2.2 When Boxing Day is
a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28
December.
28.2.3 When New Year's
Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall
be observed on the next Monday.
28.3 Where public holidays
are declared or prescribed on days other than those as set out in subclauses
28.1 and 28.2 of this clause, those days shall constitute additional holidays
for the purpose of this award.
28.4 Changing Public
Holidays by Agreement -
28.4.1 An employer, with
the agreement of the Union, may substitute another day for any prescribed in
this clause.
28.4.2
(i) An
employer and the employer’s employees may agree to substitute another day for
any prescribed in this clause. For this purpose, the consent of the majority of
affected employees shall constitute agreement.
(ii) An agreement
pursuant to 28.4.1 shall be recorded in writing and be available to every
affected employee.
(iii) The Union shall
be informed of an agreement pursuant to clause 28.4.2(i)
and may, within seven days, refuse to accept it. The Union will not
unreasonably refuse to accept the agreement.
(iv) If
the Union, pursuant to clause 28.4.2(iii), refuses to accept an agreement, the
parties will seek to resolve their differences to the satisfaction of the
employer, the employees and the Union.
(v) If no
resolution is achieved pursuant to clause 28.4.2(iv),
the employer may apply to the Clothing Trades (State) Industrial Committee for
approval of the agreement. Such an application must be made at least 14 days
before the prescribed holiday. After giving the employer and the Union an
opportunity to be heard, the Industrial Committee will determine the
application.
28.5 Payment by
Results Employees - An employee working under any system of payment by results
shall be paid for such holidays at the ordinary rate payable to an employee
working as a time worker doing the same class of work.
28.6 Rostered Day Off
or Accumulated Time Off Falling on a Holiday - In the case of an employee whose
ordinary hours of work are arranged in such a manner as to entitle the employee
to a rostered day off, the weekday to be taken off shall not coincide with a
holiday fixed in accordance with this clause. Provided that, in the event that
a holiday is prescribed after an employee has been given or gives notice of a
weekday off and the holiday falls on such weekday, the employer shall allow the
employee to take an alternative weekday off in lieu of the holiday.
28.7 Termination Within 14 Days of a Holiday -
28.7.1 Where an employee,
with at least one week's service with the employer, is terminated through no
fault of their own within 14 days prior to a holiday, and is re-engaged by the
same employer within three months of such holiday, the employee shall be paid
for any such holiday the amount they would have received had they not been
terminated.
28.7.2 Where an employee,
with at least one month's service with the employer, is terminated through no
fault of their own on or after the last working day of
the last pay period in November each year or within 14 days prior to Good
Friday, the employee shall receive payment for the relevant Christmas, New Year
or Easter holidays.
28.7.3 No employee shall be
entitled to be paid more than once for the same holiday whilst working in the
industry and shall be in breach of the award in accepting a double payment
without informing the employer in relation thereto.
28.8 Full-time
Employees Working Non-standard Hours - Approved employers only - This subclause
applies only to full-time employees employed by approved employers who do not
regularly work a five-day, Monday to Friday week, as provided for elsewhere in
this award.
28.8.1 When a prescribed
holiday falls upon a day when the employee would not be working in any event,
the employee shall receive:
(i) a day's paid leave to be taken on another day or added to
annual leave (to be mutually agreed between the employer and the employee); or
(ii) an additional day's wage.
28.8.2 If an employee is
rostered to work on the public holiday or its substitute day (except Christmas
Day), the following provisions shall apply:
(i) If
the employee is not required to work on the public holiday, the employee shall
receive the payment the employee would ordinarily receive for that day and is
not entitled to the substituted day off.
(ii) If the employee
is required to work on the public holiday, the employee is entitled to receive
the normal rates of pay for working that day and the substitute day as a
holiday. (If the substitute day is a non- working day for the employee, the
employee shall receive the compensation as set out in clause 28.8.1).
(iii) If the employee
is required to work on the substitute day, the employee shall receive the rates
of pay for working on a public holiday.
28.8.3 If any employee is
rostered and required to work on both the "actual" public holiday and
its substituted day (this would only occur if the holiday was to fall on a
Saturday or a Sunday) the employee would be entitled to:
(i) a day's paid leave to be taken on another day or added to
annual leave (to be mutually agreed between the employer and the employee); or
(ii) payment at public holiday rates for the day's work for the
substituted day, and payment at the normal rates for Saturday or Sunday for the
actual public holiday.
28.8.4 Christmas Day
Loading - If the employee is rostered to work on a Saturday or Sunday that is
Christmas Day and is required to work, the employee shall receive the normal
Saturday or Sunday rate, plus a loading of one-half of a normal day's wages for
the full day's work and be entitled to the substitute day.
28.9 Permanent
Part-time Employees (Non-casual) - Where the normal roster of a part-time
employee includes a day that is a holiday, the employee shall receive the
normal pay the employee would have received on that day, subject to subclause
28.5, and shall be granted the holiday or receive the appropriate public
holiday rate for working whatever hours the employee worked.
28.9.1 For part-time
employees whose normal roster includes a Saturday or Sunday that would be a
prescribed holiday but for the substitution of an alternative day, the
following shall apply:
(i) The
employee shall be granted leave with pay on the "actual day" without
any substitution; or
(ii) the employee
works on the "actual day" at normal Saturday or Sunday rates (if the
Saturday or Sunday is Christmas Day, the Christmas Day loading will apply) and
is allowed to take another day with pay, which may or may not be the prescribed
substitute day, as a holiday; or
(iii) the employee
works on the "actual day" at normal Saturday or Sunday rates (if the
Saturday or Sunday is Christmas Day, the Christmas Day loading will apply) and
receives, in addition, payment at ordinary- time rates for an additional day of
equal length (with no substitution of an alternative day).
28.9.2 If any of these
benefits applies, the employee who works on the prescribed substitute day should
do so at ordinary-time rates.
28.10 Casual Employees
Working on Public Holidays - A casual employee who works on the day prescribed
as the public holiday shall be paid the appropriate public holiday pay as
provided for elsewhere in this award. The employee should receive the ordinary
casual rate plus the applicable penalty. That is, the casual loading of 33.33 percent and the prescribed holiday rate for non-casual
employees of 2.5 times ordinary rates. The casual will be paid 2.833 times the
ordinary rate for non-casual employees.
28.11 Absences Before or
After Public Holidays - Where an employee is absent from employment on the
working day or part of the working day before and the working day or part of
the working day after a public holiday without reasonable excuse or without the
employer's consent, the employee shall not be entitled to payment for the
relevant public holiday.
28.12 Unpaid Leave and
Public Holidays - Any continuous period of unpaid leave in excess of four weeks
shall not be deemed to be service and the employee shall not be entitled to
payment for any holiday falling within this period of leave.
29. Payment for Work
Done on Holidays
29.1 Any weekly
employee who works on any holiday provided for in clause 28, Holidays, shall,
for all time worked on that day, be paid at the rate of double time and
one-half of the ordinary rate.
29.2 Any employee
working under any system of payment by results who works on any holiday
provided for in the said clause 28 shall, for all time worked on that day, be
paid the employee’s ordinary earnings under such system of payment by results,
and an amount calculated on the basis of half of the ordinary rate for the
class of work being performed, in addition to the ordinary rate payable to
employees on time work doing the same class of work.
29.3 The minimum
payment for work performed on public holidays shall be four hours.
30. Payment for Work
Done on Sundays
30.1 Work in any
factory or workshop is prohibited on Sundays unless in extraordinary circumstances
and then only with the consent of the Secretary of the Union.
30.2 Any employee who
works on a Sunday shall for that day be paid at the rate of double ordinary
rates.
31. Contract Work
31.1 Contract work may
only be undertaken subject to the following conditions:
31.1.1 An employer may
give out work to another employer provided that, where the employer undertaking
such work causes some or all of such work to be performed outside a factory or
workshop registered in compliance with the appropriate State Acts or
regulations, the employer to whom work is given shall be a registered employer
of outworkers pursuant to clause 33, Registration of Employers.
31.1.2 An employer giving
out work to other employers shall, on the last working day of May and the last
working day of November each year, file with the Industrial Registrar or Deputy
Industrial Registrar in New South Wales, a list of the employers to whom work
is given, and a copy of such list shall be forwarded to the Union.
31.1.3 The Industrial
Registrar or the Deputy Industrial Registrar in New South Wales may allow an
organisation with a legitimate interest in the clothing manufacturing industry
to peruse the list submitted in accordance with clause 31.1.2.
31.2 Employer giving
out work to another employer where the other employer does not employ
outworkers:
31.2.1 An employer bound
by this award may give out work to another employer, to be carried out in the
other employer's workshop or factory registered in accordance with the
appropriate State Acts and Regulations.
31.2.2 An employer giving
out work pursuant to this subclause shall, on the following dates in each year,
file with the Industrial Registrar or the Deputy Industrial Registrar in New
South Wales, a list of the other employers to whom work has been given in each
preceding three-month period, and a copy of such list shall be forwarded to the
Union:
Last working day of February.
Last working day of May.
Last working day of August.
Last working day of November.
31.2.3 The Industrial
Registrar or the Deputy Industrial Registrar in New South Wales may allow an
organisation with a legitimate interest in the clothing manufacturing industry
to peruse the list submitted in accordance with clause 31.2.2.
31.3 Employer
contracting with a person who alone will perform work - Employer giving out
work to another employer or another person where the other employer or other
person employs others outside a factory or workshop:
31.3.1 For the purpose of
this subclause, "work" means hand or machine sewing in the
construction of a garment or part thereof being work performed other than in a
factory or workshop.
31.3.2 An employer shall:
(i) not contract with any person pursuant to this subclause
unless that employer is registered pursuant to clause 33, Registration of
Employers;
(ii) when desirous of contracting with any person pursuant to
this subclause, make application for registration, in accordance with the said
clause 33, to the Clothing Trades (State) Industrial Committee.
31.3.3
(i) An
employer contracting with a person who alone will perform work shall contract
to provide and shall provide terms and conditions no less favourable than those
prescribed by this award for persons engaged under a contract of service
pursuant to clause 32, Outworkers.
(ii) An employer
contracting with another employer, or with another
person who gives out the work, or with a person who alone will perform work
shall make a record in writing of the following details:
(1) The name of the
other employer (or the other person) who gives out the work and the
registration number of the other employer (or the other person) who gives out
the work.
(2) The address of
the other employer (or the other person) who gives out the work.
(3) The name(s) and
address(es) of the person(s)
to whom the work is given.
(4) The address(es) where the work is to
be performed.
(5) The date of
giving out the work and the date for completion of the work.
(6) A description
of the nature of the work to be performed (including construction, seam type,
finishing and fabric type).
(7) A description
and, where available, a rough drawn outline of the garments or articles of each
type being given out to the other employer (or the other person) who gives out
the work.
(8) The number of
garments or articles of each type being given out to the person.
(9) The sewing time
allowed for each type of garment or article to be done.
(10) The price to be
paid for each garment or article. The Union shall not divulge any details
concerning the price to be paid for each garment or article in any
circumstances to any party, save for enforcement proceedings in a court or
industrial dispute proceedings in the Industrial Relations Commission of New
South Wales.
(11) Where the work is
given to a person who alone will perform the work, the total amount to be paid
to the person calculated in accordance with subclauses 31.3.3(ii)(8), (9) and
(10).
(iii) A copy of this
record shall be given to the person doing the work and the employer's copy
shall be available for inspection by a person duly authorised in accordance
with clause 34, Entry and Inspection by Officers of Industrial Organisations,
as if it was a record as described in clause 35, Time Book, Sheet or Records.
31.3.4
(i) No
employer shall enter into any contract or arrangement with another person
(hereinafter called "the second person") concerning the performance
of work pursuant to which contract or arrangement the second person will not
personally or alone perform the work unless the contract or arrangement is
entered into on terms whereby any work to be performed by a person other than
the second person is carried out pursuant to a written agreement made between
the second person and the person who will actually perform the work, such
written agreement to:
(1) specify the matters referred to in clause 31.3.3(ii); and
(2) provide for wages and conditions no less favourable than
those provided by this award for persons engaged under a contract of service
pursuant to clause 32, Outworkers.
(ii) Any employer
who enters into a contract pursuant to subclause 31.3.3(i)
or pursuant to subclause 31.3.4(i) shall notify the
Industrial Registrar or the Deputy Industrial Registrar in New South Wales and
the Union, within seven days of the last working day of February, May, August
and November of each year of the existence of such contract and the names and
addresses of the persons who enter into the contract. The Industrial Registrar,
or the Deputy Industrial Registrar in New South Wales may allow an organisation
with a legitimate interest in the clothing manufacturing industry to peruse
such records.
31.3.5 Where a person has
performed work either directly for an employer pursuant to subclause 31.3.3 or
for a second person (being work in respect of a contract or arrangement between
the second person and an employer pursuant to subclause 31.3.4), such person
may make a claim for payment for such work by serving upon the relevant
employer a statutory declaration specifying the identity of the person
performing the work, the work performed, the date or dates on which the work
was performed and the payment claimed. Such statutory declaration, if served within
six months of completion of that work, shall be accepted as proof of liability
on the part of that employer to pay the sum claimed, unless that employer
against whom the claim is made is able to prove:
(i) that the work was not in fact done; and/or
(ii) the payment claimed was not the correct payment due for the
work that was actually done.
31.3.6 An employer shall
not in any way, whether directly or indirectly, be a party to or concerned in
conduct that:
(i) hinders, prevents or discourages the observance of this
clause; or
(ii) causes or encourages, or is likely to cause or encourage, a
breach or non-observance of this clause.
31.4 An employer
contracting with a person who alone will perform work shall provide to that
person, each time work is given out, information as to their entitlements as
per Schedule "C" of this award.
32. Outworkers
32.1 For the purpose
of this clause -
"Employer" means an employer bound by this
award.
"Ordinary working week" means the hours and
days occurring between midnight on Sunday and midnight on Friday in any week.
"Outworker" means a person who performs work
as herein defined for an employer outside the employer's workshop or factory
under a contract of service.
"Work" means hand or machine sewing in the
construction of a garment or part thereof being work performed other than in a
factory or workshop.
32.2 Employers bound
by this award shall -
32.2.1 not employ any person to perform work covered by this award
under a contract of service outside the employer's workshop or factory unless
that respondent employer is a registered employer of outworkers, pursuant to
clause 33, Registration of Employers;
32.2.2 when desirous of employing outworkers, make application to
the Industrial Committee for registration in accordance with clause 33,
Registration of Employers;
32.2.3 not employ a person to perform work covered by this clause
outside the workshop or factory unless prior agreement in writing has been
reached between that respondent and the person as to whether that person is to
be employed on a full-time or part-time basis and if on a part-time basis, the
agreed number of hours. Provided that nothing in this clause
shall prevent the parties to any such agreement varying the same by consent
from employment on a full-time basis to employment on a part-time basis or vice
versa. Provided further that any such variation shall not take effect
until the expiry of at least three days from the date of the agreement to that
variation;
32.2.4 not employ more than 10 outworkers at any one time. Provided
that an employer may employ a specified greater number of outworkers with the
consent of the Union or if, in the absence of that consent, the Industrial
Committee in the exercise of its discretion grants permission to the employer
to employ a specified greater number of outworkers;
32.2.5 pay any outworkers employed at the rates prescribed by
clauses 6, Rates of Pay, and 25, Payment by Results, (as appropriate) for the
classification in which the outworker is engaged. Provided that working time
allowed for work to be performed shall be fair and reasonable and that the time
standards set for the work to be performed by outworkers will in every case be
longer than the time standards that would be set for the same work if done in
the factory to include a reasonable component to cover time spent on ancillary
tasks, such as bundling and unbundling, sorting, packing and the like. Provided
further that in the event that the employer has no factory, a factory
undertaking the same or comparable work shall be used for the purpose of
setting the time standards;
32.2.6 pay for outwork performed in the ordinary working week at
the minute rate of:
(i) 1/2280
of the weekly award rate for the classification in which the outworker is
employed for the first 38 hours worth of work; and
(ii) the minute rate in clause 32.2.6(i),
multiplied by 1.5 for the classification in which the outworker is employed,
for each hour thereafter;
32.2.7 pay for outwork performed or deemed to have been performed
on a Saturday or Sunday or a public holiday, at the minute rate in clause
32.2.6(i), multiplied by 2 for the classification in
which the outworker is employed. An
outworker shall not be entitled to penalty payment for work performed on a
Saturday, Sunday or award holiday unless there is prior agreement with the
employer for the performance of work on any such day(s) in accordance with
clause 32.2.13(xii);
32.2.8 apply all provisions of clause 25, Payment by Results, to outworkers
working under any system of payment by results unless expressly excluded from
such operation either in this clause or in the said clause 25;
32.2.9 provide sufficient work (that is, 38 hours
worth of work each week for full-time outworkers and at least 20 hours worth of work each week for part-time outworkers) in
the ordinary working week where the outworker is ready, willing and able to
perform such work.
Provided that an outworker under any system of payment
by results who is ready, willing and able to work:
(i) on
a full-time basis (i.e., 38 hours or more) in the ordinary working week, but
receives in any such week less than 38 hours worth of
work from the employer, shall be paid in accordance with the following formula:
(1) if the employee receives no work at all, the weekly award
rate for the classification in which the outworker is employed;
(2) if the employee receives less than 38 hours
worth of work, the weekly award rate for the classification in which the
outworker is employed;
(ii) on a part-time
basis (i.e., at least 20 hours) in the ordinary working week (for one or more
employers) but receives in any such week fewer hours worth
of work than the number of hours for which the outworker was employed from any
one such employer, shall be paid (by each employer) for the number of hours for
which the outworker was employed. Such payment to be so much of the weekly
award rate as is proportionate to the number of hours the worker was employed
to work in any ordinary working week;
(iii) may be stood down by an employer without pay for up to ten
days but for no more than two days in any four consecutive working weeks where
no work can be offered as a result of circumstances beyond the employer's
control, proof of which shall lie with the employer. In such circumstances the
employer shall keep a record of the name and address of the outworker stood
down, the commencing date and duration of the stand down and the reason for the
stand down. A copy of this record shall be given to the person doing the work
and the Union within two working days of the stand down and the employer's copy
shall be available for inspection by a person duly authorised in accordance
with clause 34, Entry and Inspection by Officers of Industrial Organisations,
as if it was a record described in clause 35, Time Book, Sheet or Records.
32.2.10 not
require any full-time outworker to complete more than 38 hours
worth of work, or any part-time outworker to complete more hours worth of work than the number of hours for which the
outworker was employed in any ordinary working week;
32.2.11 subject
to clause 32.2.13 not require any outworker to perform
work on a Saturday or a Sunday or on any public holidays;
32.2.12 pay the
outworker for each public holiday prescribed by this award an amount equal to
1/5 of the applicable weekly award rate for full-time outworkers and on a
proportionate basis for part-time outworkers;
32.2.13 at the
time of delivery of any work to an outworker provide full details of the following
matters and shall keep true and correct records thereof in writing:
(i) the name of the employer bound by this award and the
registration number of the employer;
(ii) the address of the employer bound by this award;
(iii) the name of the person to whom the work is given;
(iv) the address where the work is to be done;
(v) the date of delivery of the work;
(vi) the description of the garments or articles upon which work
is to be done (e.g., skirts, dresses, jeans);
(vii) a description of the nature of the work to be performed
(e.g., overlocking);
(viii) the number of garments or articles of each description being
given out to the person;
(ix) full details of
the appropriate time standard in accordance with subclause 32.2.5 which when
considered with the minute rate set out in clause 32.2.6 will enable the price
to be paid for each garment or article to be calculated;
(x) the number of working hours that will therefore be necessary
to be worked to complete the said garments or articles, and accordingly;
(xi) the number of days that will therefore be needed to perform
the work with such calculation being undertaken (consistent with subclause
32.2.10) on the basis of 7.6 hours worth of work
being performed each day; and
(xii) the appropriate time and date for the work to be picked up
from the outworker. The pickup time and date shall be set on the basis that no
work will need to be performed on any Saturday, Sunday or award holiday which
may occur between delivery and pickup unless there is prior agreement between
the employer and the outworker that work will be performed on any or all of
such days. If there is such agreement,
the written record referred to in this subclause must specify the actual date of
any Saturday, Sunday or award holiday on which it has been agreed that work
will be performed and the number of hours to be worked on any such day. In the absence of any specification as to the
number of hours to be worked on a Saturday, Sunday or award holiday on which
work has been authorised pursuant to this paragraph, the outworker shall be
deemed to have worked and shall be entitled to payment in respect of any such
day at the rate specified in clause 32.2.7.
(xiii) The total amount
to be paid to the outworkers shall be calculated in accordance with subclauses
32.2.13(viii), (ix) and (x).
Provided that a copy of this record shall be given to
the person doing the work and the employer's copy shall be available for
inspection at the employer's premises by a person duly authorised in accordance
with clause 34, Entry and Inspection by Officers of Industrial Organisations,
as if it was a record described in clause 35, Time Book, Sheet or Records.
Provided always that if the time period between
delivery and pickup (arrived at via calculations under subclause 32.2.13(xi))
will necessarily include a Saturday and/or a Sunday and/or a public holiday(s)
then the first agreed pickup date shall be reset (i.e., put back) to ensure,
consistent with clause 32.2.10 and given the number of days needed to do the
work arrived at in subclauses 32.2.13(xi) and (xii), that the employee will not
be required to work on any of the days set out in this proviso that fall within
the period set under subclause 32.2.13(xi) to complete the work delivered (the
reset pickup date to be hereinafter referred to as "the second agreed
pickup date").
Provided further that if an outworker who has work
delivered to be performed in a time period that includes either a weekend
day(s) or a public holiday(s) expressly agrees or simply elects to complete
that work by the first agreed pickup date rather than by the second agreed
pickup date then the worker will, for the purpose of payment, be deemed to have
completed 7.6 hours (but no more) worth of the work on each of the weekend and/or
public holiday days occurring in the period between delivery and pickup;
32.2.14 pay annual leave to outworkers in accordance with the
provisions of clause 21, Annual Leave.
32.2.15 pay all wages due not later than two working days following
the end of the working week, at a time and by a method mutually agreed between
the outworker and employer.
On or before the pay day, the employer shall provide to
the outworker in writing, details of the wage payment to which the outworker is
entitled, the amount of each deduction made therefrom and the net amount being
paid to the outworker;
32.2.16 except
as otherwise provided in this clause, apply to outworkers the terms and
conditions of employment provided by the award, excluding the following
clauses:
14. Hours of
Employment
15. Midday
Meal Interval
16. Overtime
17. Meal
Money
18. Rest
Period
20. Terms of
Engagement 20.3.6
23. Sick
Leave
26. Casual
Workers
34. Entry and
Inspection by Officers of Industrial Organisations
35. Time Book,
Sheet or Records
37. Amenities
38. First-aid
Ambulance Chest
39. Award
Posted
41. Shop
Stewards and Representatives
43. Notice
Boards
45. Tools of
Trade
46. Disability
Allowance
50. Blood
Donors
51. Attendance
at Hospital
32.2.17 provide outworkers with all necessary materials, trimmings
and sewing threads.
32.3 Where a person
has performed work for an employer as an outworker, such person may make a
claim for payment for such work by serving upon the employer a statutory
declaration specifying the identity of the person, the work performed and the
payment claimed therefore. Such statutory declaration, if served within six
months of completion of that work, shall be accepted as proof of liability on
the part of the employer to pay the sum claimed, unless that employer against
whom the claim is made is able to prove:
32.3.1 that
the work for which the claim is made was not, in fact, done; and/or
32.3.2 the
payment claimed as due was not the correct payment for the work that was
actually done.
32.4 In any
proceedings commenced concerning work performed pursuant to this clause, it
lies upon any person alleging that the person performing such work was not an
employee to prove that this was the case.
32.5 An employer bound
by this clause shall not in any way, whether directly or indirectly, be a party
to or concerned in conduct that:
32.5.1 hinders,
prevents or discourages the observance of this clause; or
32.5.2 causes
or encourages or is likely to cause or encourage, a breach of, or non-observance
of, this clause.
32.6 An employer shall
provide to the outworker, each time work is given out, information as to their
entitlements as per Schedule "C "of this award.
33. Registration of
Employers
33.1 Except as
prescribed in clause 31.1, Contract Work, an employer bound by this award
having or proposing to have work performed away from the employer’s own factory
or workshop pursuant to clauses 31, Contract Work, and 32, Outworkers, shall
make application for registration to the Industrial Committee.
33.2 The Industrial
Committee may register the employer on conditions as determined by it for a
twelve-month period. The Industrial Committee may revoke the registration if
any or all of such conditions have not been complied with.
33.3 Upon registration
the employer will be given a registration number.
33.4 The Industrial
Registrar shall maintain a record of employers registered pursuant to this
clause.
33.5 Upon registration
and at yearly intervals thereafter, such employer shall cause a notice to be
placed in the public notices column of a metropolitan daily newspaper
circulating throughout the State in which the work is to be performed,
notifying such registration. Such notice shall:
33.5.1 specify
the identity of the employer and the registration number; and
33.5.2 specify
where all documents in the employer's possession or custody containing the
terms of any agreement or contract to perform work made in accordance with the
provisions of this award may be inspected by a person entitled under the award
to do so.
33.6 An employer, by
application to the Industrial Committee or (subject to any order by the said
Committee or the Industrial Relations Commission of New South Wales) by
agreement in writing with the Secretary of the Union, may be exempted from the
requirement to comply with the provisions of clause 33.5. Where any such
agreement is made a copy shall be lodged with the Industrial Registrar.
34. Entry and
Inspection By Officers of Industrial Organisations
34.1 The Industrial Relations Act 1996 (New South
Wales) ("the Act") provides for Right of Entry in the following
terms:
34.1.1 Definitions
(i) In
this Part:
authorised industrial officer
means an officer or employee of an industrial organisation of employees who
holds an instrument of authority for the purposes of this Part issued by the
Industrial Registrar under section 299 of the Act
employees' records includes records of the remuneration
of employees, part‑time work agreements with the employees or other
records relating to the employees that are required to be kept by the employer
by or under the industrial relations legislation or an industrial instrument.
officer of an industrial
organisation includes any person who is concerned in, or takes part in, the
management of the organisation.
relevant employee, when used
in connection with the exercise of a power by an authorised officer of an
industrial organisation, means an employee who is a member of the organisation
or who is eligible to become a member of the organisation.
(ii) This Part does
not confer authority on an authorised industrial officer to enter any premises
for the purposes of holding discussions with employees or of an investigation
if:
(1) the persons employed at that place are employed by a person
who holds a certificate of conscientious objection under section 212 (3) of the
Act because of membership of a religious society or order (such as the
Brethren), and
(2) none of the persons employed at those premises are members
of an industrial organisation, and
(3) there are no more than 20 persons employed at those
premises.
34.2 Right of entry
for discussion with employees - An authorised industrial officer may enter,
during working hours, any premises where relevant employees are engaged, for
the purpose of holding discussions with the employees at the premises in any
lunch time or non‑working time.
34.3 Right of entry
for investigating breaches
34.3.1 An authorised
industrial officer may enter, during working hours, any premises where relevant
employees are engaged, for the purpose of investigating any suspected breach of
the industrial relations legislation, or of any industrial instrument that
applies to any such employees.
34.3.2 For the purpose of
investigating any such suspected breach, the authorised industrial officer may:
(i) require
any employer of relevant employees to produce for the officer's inspection,
during the usual office hours at the employer's premises or at any mutually
convenient time and place, any employees' records and other documents kept by
the employer that are related to the suspected breach, and
(ii) make copies of the entries in any such records or other
documents related to any such suspected breach.
34.3.3 An authorised
industrial officer must, before exercising a power conferred by this section,
give the employer concerned at least 24 hours' notice.
34.3.4 The Commission or
the Industrial Registrar may, on the ex parte application of an authorised
industrial officer, waive the requirement to give the employer concerned notice
of an intended exercise of a power conferred by this section if the Commission
or the Industrial Registrar is satisfied that to give such notice would defeat
the purpose for which it is intended to be exercised.
34.3.5 If the requirement
for notice is waived under subclause 34.3.4:
(i) the Commission or Industrial Registrar is to give the
authorised industrial officer a warrant authorising the exercise of the power
without notice, and
(ii) the authorised industrial officer must, after entering the
premises and before carrying out any investigation, give the person who is
apparently in charge of the premises the warrant or a copy of the warrant
34.4 Provisions
relating to authorities issued to officers -
34.4.1 The Industrial
Registrar may, on application, issue an instrument of authority for the
purposes of this Part to an officer or employee of an industrial organisation
of employees.
34.4.2 An authorised industrial
officer is required to produce the authority:
(i) if requested to do so by the occupier of any premises that
the officer enters, or
(ii) if requested to do so by a person whom the officer requires
to produce anything or to answer any question.
34.4.3 The authority:
(i) remains in force until it expires or is revoked under this
section, and
(ii) expires when the person to whom it was issued ceases to be
an officer or employee of the industrial organisation of employees concerned.
34.4.4 The Industrial
Registrar may, on application, revoke the authority if satisfied that the
person to whom it was issued has intentionally hindered or obstructed employers
or employees during their working time or has otherwise acted in an improper
manner in the exercise of any power conferred on the person by this Part.
34.4.5 An application for
the revocation of an authority is to set out the grounds on which the
application is made.
34.4.6 A person to whom
an authority has been issued under this section must, within 14 days after the
expiry or revocation of the authority, return the authority to the Industrial
Registrar for cancellation.
Maximum penalty: 20 penalty units.
34.5 No
entry to residential premises without permission - An authorised industrial officer
does not have authority under this Part to enter any part of premises used for
residential purposes, except with the permission of the occupier.
34.6 Offences -
34.6.1 An authorised
industrial officer must not deliberately hinder or obstruct the employer or
employees during their working time.
34.6.2 A person must not
deliberately hinder or obstruct an authorised industrial officer in the
exercise of the powers conferred by this Part.
34.6.3 A person must not,
without lawful excuse, fail to comply with a requirement of an authorised
industrial officer under this Part.
34.6.4 A person must not
purport to exercise the powers of an authorised industrial officer under this
Part if the person is not the holder of a current authority issued by the
Industrial Registrar under this Part.
Maximum penalty: 100 penalty units.
34.7 Powers of
Commission - The Commission may deal with an industrial dispute about the
operation of this Part, but does not have any jurisdiction to make an award or
order conferring additional or inconsistent powers of entry or inspection.
Industrial relations legislation means any of the
following Acts and the regulations made under any such Act:
Industrial
Relations Act 1996
Annual Holidays
Act 1944
Employment
Protection Act 1982
Long Service
Leave Act 1955
Long
Service Leave (Metalliferous Mining Industry) Act
1963.
An industrial instrument means an award, an enterprise
agreement, a public sector industrial agreement, a contract determination or a
contract agreement.
35. Time Book, Sheet Or Records
35.1 The employer
shall provide in each factory, workshop or place where work is being performed,
a time and wages book or sheet or records, which shall have correctly recorded
in ink, or by other means except pencil and in the English language, the
following particulars:
35.1.1 The initials and
surname and classification or classifications (when engaged on mixed functions)
of each employee.
35.1.2 The date of birth and
experience and time work rate of pay of improvers in respect of new employees
at the date of engagement.
35.1.3 The number of
hours of ordinary time worked by each employee each day and each week and the
amount of weekly superannuation contributions paid in accordance with clause
55, Superannuation.
35.1.4 The number of
hours of overtime worked by each employee each day and each week.
35.1.5 The total amount
of wages paid to each employee each week.
35.1.6 The actual name of
the day and the date of each day of each week and also the name of the day and
the date on which each week ends.
35.1.7 All holiday,
annual leave, long service and sick leave payments.
35.2 Where any
employee is employed under any system of payment by results, the employer shall
keep a correct record of the rates and of the class and number of articles or
parts of articles on which work is done by such employee each week.
35.3 For further
information, see the Industrial Relations
Act 1996.
36. Seating
Accommodation
36.1 When it is
necessary for employees to sit at their work, seats shall be provided for the
employees by the employer. Such seats shall be reasonably comfortable seats.
36.2 A seat provided
for any employee shall have a back to it, unless the work of such employee
cannot be conveniently done in such a seat, or unless the employee requests to
be allowed to use a seat without a back to it.
37. Amenities
37.1 Lighting and
Heating - In connection with every factory or workshop, the employer shall make
provision for adequate warmth during cold weather and cooling during hot
weather where necessary (fans or the like) and adequate light for the employees
to perform their work, and as far as possible
artificial light shall be avoided.
37.1.1 For the purposes of
this clause a factory or workshop shall include any building, establishment,
depot or place where any person is employed upon any work to which this award
is applicable.
37.1.2 The requirements
specified by this subclause shall also apply to any dining room and/or rest
room provided by the employer in accordance with the provisions of subclauses
37.6 or 37.7.
37.2 Floor Covering -
The working areas of factory floors, when used by employees, shall be covered
by suitable floor coverings, other than in passageways which hydraulic lifts
and mechanical motorised equipment such as fork lifts traverse, to ensure that
no employee shall be called upon to work on bare concrete, brick, stone or
wooden floor. Such floors shall be
covered in a manner to adequately ensure comfortable conditions. Provided that
in the case of wooden floors, an employer may be exempted from such
requirements by agreement of the Union in writing or as approved by the
Industrial Relations Commission of New South Wales, if it is considered such
wooden floor is in good condition, is well maintained and ensures comfortable
working conditions.
37.2.1 The requirements
specified by this subclause shall also apply to the dining room and/or rest
room provided by the employer in accordance with the provisions of subclause
37.6. Linoleum or vinyl or rubber, all of a heavy weight,
or materials with similar qualities shall be considered suitable. Seamless in
situ composition floor surfacing of sufficient thickness fully covering the
specified areas shall also be considered suitable.
37.3 Drinking Water -
Refrigerated, clean and wholesome drinking water shall be provided in places
easily accessible to all employees. Drinking water kept in a refrigerator shall
constitute compliance with this subclause.
37.4 State Regulations
- The laws and regulations in force on 1 February 1983 in New South Wales
relating to factories and workshops in respect to sanitation, lavatories,
factory cleanliness, heating and light and limitations as to the weights
females shall be permitted to lift or carry, shall be incorporated into and be
read as part of this award insofar as such laws and regulations do not conflict
with this award. Provided, however, and
it is hereby expressly declared that nothing in this clause shall be deemed to
abrogate, effect, repeal, amend or in any degree render inoperative any State
law except of any inconsistency of such State law with this award.
37.5 Toilet
Accommodation - Notwithstanding the foregoing, a separate toilet shall be
provided in factories where mixed sexes are employed, and approaches thereto
properly separated for the sexes, shall be provided.
37.6 Dining
Accommodation -
37.6.1 An
employer of more than 10 employees shall provide a separate room (reasonably
convenient to the working area) or portion of the factory or workshop as a
dining room and keep the same and its facilities hygienically clean.
(i) Dining
room tables shall be of laminated plastic top
construction or be covered by some material which can be kept hygienically clean.
(ii) The seating
provided shall be fitted with backs.
(iii) An adequate
supply of boiling water shall be made readily available to employees without
charge at the time at which their meal break or rest
period commences. The employer shall also provide a refrigerator and a facility
for heating food.
(iv) The
size of the dining room, the number of tables and its seating accommodation
shall be adequate if at least three quarters of the employees taking a meal
break at the one time are able to use the same in reasonable manner and without
congestion.
(v) The dining room
shall not be used for work room or work room storage purposes.
The words "reasonably convenient to the working
area" shall have the meaning set out in Appendix "B" Form of Declaration
- Amenities to this award.
37.6.2 An
employer of more than 10 employees may make an application to the Industrial
Relations Commission of New South Wales for exemption from any of the
provisions of clause 37.6.1 and the Commission may grant such exemption
provided that it is satisfied either:
37.6.2.1 that is
it impracticable for such employer to provide the said dining room and/or
facilities; or
37.6.2.2 that for some other good reason exemption from the
provisions of such paragraph ought to be granted to such employer
Provided that where such an exemption is obtained, the
disability payments prescribed in clause 46, Disability Allowance, shall still
be payable.
37.6.3 Without
affecting the rights of any party before the Industrial Relations Commission of
New South Wales, the Commission shall consider and, if necessary, make
recommendations as to the suitability or otherwise of the dining room and/or
dining room facilities of a particular employer before proceedings for breach
of this clause or clause 46 may be taken.
37.7 Rest Room -
37.7.1 In any factory or
workshop in which females are employed, a separate properly ventilated room
(reasonably convenient to the working area) with seating and a couch or folding
lounge shall be provided as a rest room.
An area enclosed by permanent partitioning of hardboard
or the like, at least six feet high, with a door or curtained doorway shall be
acceptable as a separate room. Where a
folding lounge is provided, it shall be set up for immediate use. A pillow, blanket and hot water bottle shall
be provided. The rest room and its
facilities shall be kept ready for immediate use.
With the approval of the Union a common rest room may
be provided for employees of two or more employers, subject to the stipulation
contained in Appendix "B" to this award.
The rest room shall not be used for work room or work
room storage purposes.
The words "reasonably convenient to the working
area" shall have the meaning set out in Appendix "B".
37.7.2 An employer of less
than 10 female employees may make an application to the Industrial Relations
Commission of New South Wales for exemption from any of the provisions of
clause 37.7.1 and such a tribunal may grant such exemption provided that it is
satisfied either:
37.7.2.1 that it is impracticable for such employer to provide the
said rest room and/or facilities; or
37.7.2.2 that for some other good reason an exemption from the
provisions of such paragraph ought to be granted to such employer.
Provided that where such an exemption is obtained, the
disability payments prescribed in clause 46, Disability Allowance, shall still
be payable.
37.7.3 Without affecting
the right of any party before the Industrial Relations Commission of New South
Wales, the Commission shall consider and, if necessary, make recommendations as
to the suitability or otherwise of the dining and/or rest room facilities of a
particular employer before proceedings for breach of this clause and/or clause
46 may be taken.
37.8 Hanging
Facilities - Each employer shall at some reasonably convenient place on the
employer’s premises provide proper hanging facilities which afford reasonable
protection for employees' clothes.
38. First-Aid
Ambulance Chest
Every factory or workshop shall have, in some accessible
place, a first-aid ambulance chest which shall be a suitable dust-proof
receptacle made of either metal or wood for the use of the employees. Such chest shall be equipped and supplied with
those articles prescribed by the Occupational Health and Safety Regulation
2001, as amended from time to time.
39. Award Posted
A copy of this award and its amendments when available shall
be posted and kept posted by the employer in a prominent place in the workshop
or factory.
40. Industrial
Committee
40.1 For the purposes
of this award, power is given to the Industrial Registrar to appoint an
Industrial Committee.
40.2 An Industrial
Committee shall consist of two representatives of the Union, two
representatives of the employer and the Industrial Registrar or Deputy
Industrial Registrar (as the case requires), or such other person as the
Industrial Registrar or the Deputy Industrial Registrar may nominate as
Chairperson of the Industrial Committee. In the event of the representative
members of the Industrial Committee being equally divided in opinion, the
Chairperson may cast a vote to give a majority decision.
40.3 Any person
appointed a member of the Industrial Committee by the Registrar may appoint a
substitute to act in that person’s stead at any time.
40.4 Three members,
one of whom may be the Registrar or Deputy Registrar or a Deputy therefore as
provided in subclause 40.2, shall constitute a quorum.
40.5 An Industrial
Committee may sit at such times and places as the members may agree or the
Registrar or Deputy Registrar (as the case requires) may fix and may adjourn
from time to time and from place to place.
40.6 The functions of
the Industrial Committee shall be:
40.6.1 To settle disputes
as to matters under this award.
40.6.2 To deal with any
dispute affecting the amicable relations of the parties.
40.6.3 To hear and decide
any dispute referred to it by the Industrial Relations Commission of New South
Wales as to or arising out of the weekly output or task or any dispute referred
to it by the Commission as to the fixation of the amount of work to be done by
employees, or any dispute arising out of the fixation of the rates to be paid
to payment-by-results workers or outdoor workers.
40.7 The decision of
the Industrial Committee may be reviewed and altered by the Industrial
Relations Commission of New South Wales on the application of any party to this
award, provided that notice of an application to the Commission to review such
decision be given within 14 days of such decision and an application be lodged
with the Registrar or Deputy Registrar asking for such review within 21 days of
such decision. The Commission may give
extended time for such notice and application at any time.
40.8 Nothing in this
clause shall take away from any party the right to apply to the Industrial
Relations Commission of New South Wales or to the court, given by the
Industrial Relations Act 1996, whether for a variation or an interpretation of
this award.
41. Shop Stewards and
Representatives
Shop stewards and official union representatives shall be
recognised by the employer and shall be allowed time off during working hours
to interview the employer if there is any legitimate complaint. Shop stewards
shall have reasonable access to a telephone during working hours.
42. Uniforms
If an employer requires an employee to wear a uniform they
shall pay for the provision and cleaning of such uniform .
43. Notice Boards
The employer shall make facilities available in a prominent
position in the workshop or factory, upon which representatives of the Union
shall be allowed to post union notices. Any notice so posted shall be
countersigned by the representative of the Union and, in the absence of a
countersignature, may be removed by the Union representative or the employer.
44. Protective
Clothing
Where any person is required to work under wet or dirty
conditions, suitable protective clothing, including footwear, shall be supplied
free of charge by the employer to the employee concerned.
Any dispute as to the necessity or suitability of such
clothing shall be determined by the Industrial Committee.
45. Tools of Trade
The employer shall provide all necessary tools for employees
in each workshop or factory.
46. Disability
Allowance
46.1 Subject to
subclauses 37.6.2 and/or 37.6.3 where a dining room and/or its facilities, in
any establishment having more than ten employees, are inadequate in that they
do not satisfy the provisions of subclause 37.6 the employer shall, in addition
to the rates set out elsewhere in this award, pay to each employee in that
establishment a disability allowance as set in Item 4 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates, per day for each day worked by such
employee whilst suffering such disability of inadequate conditions.
Where such dining room and its facilities are only
adequate for a lesser number of employees than the required minimum prescribed
by clause 37.6.1, the disability referred to shall be deemed to have been
suffered by the balance of the total employees in that establishment taking a
meal break at the one time. In such case the total amount of the disability
payments due to the number of employees who suffered such disability shall be
shared equally amongst all the employees in that establishment.
46.2 Subject to
subclauses 37.7.2 and/or 37.7.3 where a rest room and/or its facilities, in an
establishment, are inadequate in that they do not satisfy the provisions of
clause 37.7 the employer shall, in addition to the rates set out elsewhere in
this award, pay to each female employee in that establishment a disability
allowance as set in Item 5 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, per day for each day worked by such employee whilst suffering such
disability of inadequate conditions.
The disability referred to shall be deemed to have been
suffered by all female employees in that establishment during that period of
their respective employment when the rest room and its facilities were not of
the prescribed standard.
Provided that an employer shall not be held liable for
payment of such disability allowance should any of the equipment specified in
subclause 37.7.1 supplied by the employer be
subsequently missing through no fault of such employer.
46.3 Any excess wages
payable to an employee on account of work performed or for any other reasons
shall not be off-set against the disability payments prescribed in this clause.
47. Bereavement Leave
47.1 An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay up to and including the day of the funeral on
each occasion of the death of a person prescribed in subclause 47.3.
47.2 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.
47.3 Bereavement leave
shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in clause
24.1.3(ii), Personal Carers Leave, provided that for the purpose of bereavement
leave, the employee need not have been responsible for the care of the person
concerned.
47.4 An employee shall
not be entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
47.5 Bereavement leave
may be taken in conjunction with other leave available under clauses 24.2,
24.3, 24.4, 24.5, and 24.6. In determining such a request the employer will
give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
47.6 Bereavement
entitlements for casual employees
47.6.1 Subject to the
evidentiary and notice requirements in 47.2 casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 24.1.3(ii) of clause 24, Personal/Carer's
Leave.
47.6.2 The employer and the
employee shall agree on the period for which the employee will be entitled to
not be available to attend work. In the absence of agreement, the employee is
entitled to not be available to attend work for up to 48 hours (i.e. two days)
per occasion. The casual employee is not entitled to any payment for the period
of non-attendance.
47.6.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
48. Accident Pay
48.1 An employer shall
pay and an employee shall be entitled to receive accident pay in accordance
with this clause.
48.2 Definitions - For
the purposes of this clause and subject to the terms thereof the words
hereunder shall bear the respective definitions set out hereunder:
48.2.1 Workers'
Compensation Act - The Workers' Compensation Acts applicable in New South Wales
are the Workers’ Compensation Act 1987
as amended from time to time, and the Workplace
Injury Management and Workers Compensation Act 1998 as amended from time to
time.
48.2.2 Injury - Injury
shall be given the same meaning and application as applying under the
respective Workers’ Compensation Acts. No injury occurring at the place of
employment shall result in the application of accident pay unless an
entitlement exists under such Acts .
48.2.3 Accident Pay -
(i) Total
Incapacity - In the case of an employee who is or is deemed to be totally
incapacitated within the meaning of the Workers
Compensation Acts means a weekly payment of an amount representing the
difference between, on one hand, the total amount of compensation, including
other allowances, paid to the employee during incapacity for the week in
question and, on the other hand, the total weekly award rate and weekly overaward payment, if any, being paid to such employee at
the date of the injury. Provided that, in making such calculation, any payment
for overtime earnings, shift premiums, attendance bonus, incentive earnings
under any system of payment of results, fares and travelling time allowances,
penalty rates and any other ancillary payments payable by the employer shall
not be taken into account.
(ii) Partial
Incapacity - In the case of an employee partially incapacitated within the
meaning of the Workers’ Compensation Acts,
means a weekly payment of an amount representing the difference between, on the
one hand, the total amount of compensation paid to the employee during
incapacity for the week in question, together with the average weekly amount
the employee is earning or is able to earn in some suitable employment or
business (as determined expressly or by implication by the appropriate Accident
or Workers' Compensation Tribunal or its equivalent in the State or Territory
of employment or as agreed between the parties) and, on the other hand, the
total weekly award rate and weekly overaward payment,
if any, being paid to such employee at the date of the injury. Provided that,
in making such calculation, any payment for overtime earnings, shift premiums,
attendance bonus, incentive earnings under any system of payment by results,
fares and travelling time allowances, penalty rates and any other ancillary
payments payable by the employer shall not be taken into account.
The total weekly award rate and weekly overaward payment abovementioned shall be the same as that
applying for a total incapacity. Provided that, where an employee receives a
weekly payment of compensation under the Workers Compensation Acts and
subsequently such payment is reduced pursuant to the said Act, such reduction
shall not increase the liability of the employer to increase the amount of
accident pay in respect of that injury.
(iii) Payment for
Part of a Week - Where an employee receives accident pay and such pay is
payable for incapacity for part of a week the amount shall be a direct pro
rata.
48.3 Qualifications
for Payment - Always subject to the terms of this clause, an employee covered
by this award shall, upon receiving payment of compensation and continuing to
receive such payment in respect of a weekly incapacity within the meaning of
the Workers’ Compensation Acts, be paid accident pay by their employer who is
liable to pay compensation under the respective Acts. The liability by the employer for accident
pay may be discharged by another person on the employer’s behalf, provided
that:
48.3.1 Accident pay shall
only be payable to an employee whilst they remain in the employment of the
employer by whom they were employed at the time of the incapacity. Provided
that if an employee on partial incapacity cannot obtain suitable employment
from their employer but such alternative employment is available with another
employer then the relevant amount of accident pay shall still be payable.
Provided further that, in the case of the termination
by an employer of an employee who is incapacitated and receiving accident pay,
accident pay shall continue to apply subject to the provisions of this clause
except in those cases where:
(i) the termination is due to serious and/or wilful misconduct
on the part of the employee; or
(ii) arises from a declaration of liquidation of the company, in
which case the employee's entitlement shall be determined by the appropriate
New South Wales legislation.
In order to qualify for the continuance of accident pay
on termination an employee shall, if required, provide evidence to their
employer of the continuing payment of weekly workers' compensation payments.
48.3.2 Accident pay shall
not apply in respect of any injury sustained during the first five normal
working days of incapacity.
48.3.3 An employee on
engagement may be required to declare all workers' compensation and/or accident
claims made pursuant to the Acts as herein defined in the previous five
years. In the event of false or
inaccurate information being deliberately and knowingly declared the employer
may require the employee to forfeit their entitlement to accident pay under
this award.
48.4 Maximum Period of
Payment - The maximum period or aggregate of periods of accident pay to be made
by an employer shall be a total of 26 weeks for any one injury as defined in
clause 48.2.2
48.5 Absences on Other
Paid Leave - An employee shall not be entitled to the payment of accident pay
in respect of any period of paid annual leave or long service leave or for any
paid public holiday in accordance with the appropriate award provisions.
48.6 Notice of Injury
- An employee upon receiving an injury for which the employee claims to be
entitled to receive accident pay shall give notice in writing of the injury to
their employer and of its manner of happening as soon as practicable and shall
provide in writing all other information as the employer may reasonably
require.
48.7 Furnishing of
Evidence - An employee who has suffered any injury for which they are receiving
payment or payments for incapacity in accordance with the provisions of the
respective Workers Compensation Acts shall
furnish evidence to the employer from time to time as required by the employer
of such payments. Compliance with this
obligation shall be a condition precedent to any entitlement under this clause.
Any employee who is receiving or who has received accident
pay in respect of any injury shall, if required by the employer or other person
on the employer’s behalf, authorise their employer to obtain any information
required concerning such injury or compensation payable from the insurance
company.
48.8 Medical
Examination - Nothing in this clause shall in any way be taken as restricting
or removing the employer's rights under the respective Workers Compensation Acts to require the employee to submit
themself to examination by a legally qualified medical practitioner, provided
and paid by the employer. If the
employee refuses to submit themself to such examination or in any way obstructs
the same, the employee’s right to receive or continue to receive accident pay shall
be suspended until such examination has taken place.
Where in accordance with the respective Workers Compensation Acts a medical
referee gives a certificate as to the condition of the employee and the
employee’s fitness for work or specifies work for which the employee is fit and
such work is made available by the employer and refused by the employee or the
employee fails to commence the work, accident pay shall cease from the date of
such refusal or failure to commence the work.
Where an employer is unable to provide work of the
nature stipulated by the medical referee, an employee shall take all reasonable
steps to obtain such work with another employer and, in the event of the
employee’s failure to do so, payment of accident pay shall cease.
48.9 Redemption or
commutation of Weekly Payment - Where there is a redemption or commutation (as
the case may be) of weekly compensation payments by the payment under the
respective Act of a lump sum the employer's liability to pay accident pay shall
cease as from the date of such redemption or commutation.
48.10 Insurance
Against Liability - Nothing in this clause shall require an employer to insure
against the employer’s liability for accident pay nor shall it affect the right
of an employer to terminate the employment of the employee.
48.11 Variation in
Compensation Rates - Any changes in compensation rates under the respective
Acts shall not increase the amount of accident pay above the amount that would
have been payable had the rates of compensation remained unchanged.
48.12 Death of Employee
- All rights to accident pay shall cease on the death of an employee.
48.13 Safety Regulations
- Without prejudice to the terms of this clause the Union shall use its
endeavours to have its members carry out all statutory and other regulations
applicable to the employment of such members and to further carry out any
orders relating to the preservation of safety given by or on behalf of any
employer of its members.
48.14 Superannuation -
An employer shall pay superannuation contributions paid in accordance with
clause 55, Superannuation, to an employee receiving accident pay in accordance
with this clause.
49. Jury Service
An employee required to attend for jury service during their
ordinary working hours shall be reimbursed by the employer, until discharged
from such service, an amount equal to the difference between the amount paid in
respect of the employee’s attendance for such jury service and the amount of
the award classification rate the employee would have received had the employee
not been on jury service. An employee shall notify their employer as soon as
possible of the date upon which they are required to attend for jury service.
Further, the employee shall give their employer proof of their jury service,
the duration of such service and the amount received in respect of such
service.
Provided that where an employee is working on afternoon
shift and is required to attend for jury service, and is empanelled or is
required to remain until the afternoon session of Court, the employee shall not
be required to attend for work on the shift occurring on that day and shall be
entitled to reimbursement as indicated above.
50. Blood Donors
A weekly employee who is absent during ordinary working hours
to attend a recognised clinic for the purpose of donating blood shall not
suffer any deduction of ordinary pay, up to a maximum of two hours on each
occasion and subject to a maximum of four separate absences each calendar year.
Provided that such employee shall arrange, as far as
practicable, for their absence to be as close as possible to the beginning or
the ending of their ordinary working hours.
Proof of the attendance of the employee at a recognised
place for the purpose of donating blood, and the duration of such attendance,
shall first be furnished to the satisfaction of the employer. Further, the
employee shall notify their employer as soon as possible of the time and date
upon which they are requesting to be absent for the purpose of donating blood.
51. Attendance at
Hospital
An employee suffering an injury through an accident arising
out of and in the course of the employee’s employment (not being an injury in
respect of which the employee is entitled to workers' compensation) necessitating
the employee’s attendance during working hours at a doctor or at hospital,
shall not suffer any deduction from their pay for the time (not exceeding four
hours) so occupied on the day of the accident, and shall be reimbursed by the
employer all expenses reasonably incurred in connection with such attendance.
52. Parental Leave
(1) Refer to the Industrial Relations Act 1996
(NSW). The following provisions shall
also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee or employee's spouse is pregnant; or
(b) the employee is or has been immediately absent on parental
leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the period of simultaneous unpaid parental leave
use up to a maximum of eight weeks;
(ii) to extend the period of unpaid parental leave for a further
continuous period of leave not exceeding 12 months;
(iii) to return from a period of parental leave on a part-time
basis until the child reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and, provided
the request is genuinely based on the employee's parental responsibilities, may
only refuse the request on reasonable grounds related to the effect on the
workplace or the employer's business.
Such grounds might include cost, lack of adequate replacement staff,
loss of efficiency and the impact on customer service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in
writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an opportunity for the employee to discuss any
significant effect the change will have on the status or responsibility level
of the position the employee held before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
53. Introduction of
Change
53.1 Employer's Duty
to Notify -
53.1.1 Where an employer is
planning to introduce major changes in production, program, organisation,
structure or technology that are likely to have significant effects on
employees, whether or not a definite decision has been made, the employer shall
notify the employees who may be affected by the proposed changes, the
Consultative Committee and their union.
53.1.2 "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 the award makes provisions for
alterations of any of the matters referred to herein an alteration shall be
deemed not to have significant effect.
53.2 Employer's Duty
to Discuss Change -
53.2.1 The employer shall
discuss with the employees affected, the Consultative Committee and their
union, inter alia, the introduction of the changes referred to in clause
53.1.1, the effects the changes are likely to have on employees, measures to
avert or mitigate the adverse effects of such changes on employees and shall give
prompt consideration to matters raised by the employees, the Consultative
Committee and/or their union in relation to the changes.
53.2.2 The discussions
with employees affected, the Consultative Committee and their union shall
commence as early as practicable after the activities referred to in subclause
53.1.1.
53.2.3 For the purposes
of such discussion, the employer shall provide in writing to the Consultative
Committee, and to the employees concerned and their 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 be inimical to the
employer's interests.
54. Redundancy
54.1 Consultation and
Provision of Information -
54.1.1 Where an employer
has made a definite decision that the employer no longer wishes the job the
employee has been doing to be done by anyone and this is not due to the
ordinary and customary turnover of labour and that decision may lead to
termination of employment, the employer shall hold discussions with the
employees directly affected and with their Union.
54.1.2 The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provisions of clause 54.1.1 and shall
cover, inter alia, any reasons for the proposed terminations, measures to avoid
or minimise the terminations and measures to mitigate any adverse effects of
any terminations on the employees concerned.
54.1.3 For the purposes
of the discussion the employer shall, as soon as practicable, provide in
writing to the employees concerned and their 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 workers 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 be inimical to the employer's interests.
54.2 Transfer to Lower
Paid Duties - Where an employee is transferred to lower paid duties for reasons
set out in clause 54.1.1, 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 lower ordinary time
rates for the number of weeks of notice still owing.
54.3 Severance Pay -
In addition to the period of notice prescribed for ordinary termination in
clause 20.2, Terms of Engagement, and subject to further order of the
Industrial Relations Commission of New South Wales, an employee whose
employment is terminated for reasons set out in clause 54.1.1 shall be entitled
to the following amount of severance pay in respect of a continuous period of
service:
54.3.1 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
|
54.3.2 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
|
"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.
54.4 Employee Leaving
During the Notice Period - An employee whose employment is terminated for
reasons set out in subclause 54.1.1, may terminate the employee’s employment
during the period of notice and, if so, 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.
54.5 Alternative
Employment - An employer, in a particular redundancy case, may make application
to the Industrial Relations Commission of New South Wales to have the general
severance pay prescription varied if the employer obtains acceptable
alternative employment for an employee.
54.6 Time Off During
Notice Period -
54.6.1 During the period
of notice of termination given by the employer for reasons set out in clause
54.1.1, an employee shall be allowed up to one day's time off without loss of pay
during each week of notice for the purpose of seeking other employment.
54.6.2 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. For this purpose a
statutory declaration will be sufficient.
54.7 Notice to Centrelink - Where a decision has been made to terminate
employees in the circumstances outlined in subclause 54.1.1, the employer shall
notify Centrelink thereof as soon as possible, giving
relevant information including the number and categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
54.8 Superannuation
Benefits - Award superannuation benefits payable upon termination shall not be
used in lieu of any severance payments made in accordance with this clause. Any
non-award superannuation benefit payable upon termination shall not be used in
lieu of any severance payments made in accordance with this clause, other than
by further order of the Industrial Relations Commission of New South Wales.
54.9 Transmission of
Business -
54.9.1 Where a business
is, before or after the date of this award, transmitted from an employer (in
this subclause called "the transmittor") to
another employer (in this subclause called "the transmittee")
and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:
(i) the continuity of the employment of the employee shall be
deemed not to have been broken by reason of such transmission; and
(ii) the period of employment which the employee has had with the
transmittor or any prior transmittor
shall be deemed to be service of the employee with the transmittee.
54.9.2 In this subclause
"business" includes trade, process, business or occupation and
includes part of any such business, and "transmission" includes
transfer, conveyance, assignment or succession whether by agreement or by
operation of law and "transmitted" has a corresponding meaning.
54.10 Employees with
less than 12 Months Service - This clause shall not apply to employees with
less than one year's continuous service and the general obligation on employers
should be no more than to give the relevant 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.
54.11 Employees Exempted
- 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.
54.12 Employers Exempted
- Subject to an order of the Industrial Relations Commission of New South
Wales, in a particular redundancy case, this clause shall not apply to
employers who employ less than 15 employees.
54.13 Incapacity to Pay
- An employer, in a particular redundancy case, may make application to the
Industrial Relations Commission of New South Wales to have the general
severance pay prescription varied, on the basis of the employer's incapacity to
pay within eight weeks of the termination of the employee(s).
55. Superannuation
55.1 Preamble -
Superannuation Legislation -
55.1.1 The subject of
superannuation is dealt with extensively by federal legislation, including the Superannuation Guarantee (Administration)
Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act
1993, the Superannuation (Resolution of
Complaints) Act 1993 and s.124 of the Industrial
Relations Act 1996. This legislation, as varied from time to time, governs
the superannuation rights and obligations of the parties.
55.1.2 Notwithstanding
subclause 55.1.1, the following provisions shall also apply:
55.2 Definitions -
55.2.1 "The
Fund", for the purposes of this clause, shall mean the:
(i) Australian
Retirement Fund established and governed by a Trust Deed on 11 July 1986, as
may be amended from time to time, and includes any superannuation scheme which
may be made in succession thereto; or
(ii) subject to the agreement of the Secretary of the Union and
its members, an employer- sponsored fund established prior to 1 July 1987 which
complies with the Superannuation Industry
(Supervision) Act 1993, and as set out in clause 55.7.2.
55.2.2 "Ordinary-time
Earnings" - For the purposes of this clause, all references to
ordinary-time earnings will mean and include:
(i) award skill level or classification
rate;
(ii) supplementary payment (where relevant);
(iii) overaward payment;
(iv) shift loading -
including weekend and public holiday penalty rates earned by shift employees on
normal rostered shifts forming the ordinary hours of duty, not when worked as
overtime;
(v) payment by results earnings;
(vi) all non-reimbursable allowances payable under the award.
55.2.3 "The
Table", for the purposes of this clause, means the following table:
Financial Year
|
Percentage
|
|
|
Column A
|
Column B
|
1992-93 (1 July - 31 December)
|
4
|
3
|
1992-93 (1 January - 30 June)
|
5
|
3
|
1993-94
|
5
|
3
|
1994-95
|
5
|
4
|
1995-96
|
6
|
5
|
1996-97
|
6
|
6
|
1997-98
|
6
|
6
|
1998-99
|
7
|
7
|
1999-2000
|
7
|
7
|
2000-01
|
8
|
8
|
2001-02
|
8
|
8
|
2002-2013
|
9
|
9
|
2014-2015
|
9.25
|
9.25
|
2015 and subsequent years
|
9.5
|
9.5
|
|
|
|
|
(i) Column
A in the table above specifies the charge percentages where the employer's
national payroll for the base year (the 1991-92 financial year) exceeded
$1,000,000.
(ii) Column B in the
table above specifies the charge percentage where the employer's national
payroll for the base year (the 1991-92 financial year)
did not exceed $1,000,000.
(iii) Subject to
amendments to the charge percentages prescribed in the Superannuation Guarantee
(Administration) Act 1992 (SGA Act), the above table is deemed to be changed to
reflect amendments.
55.2.4 Red Circled
Employee - For the purpose of this clause, a Red Circled Employee is an
employee who was:
(i) in the employ of an employer at 30 June 1995; and
(ii) whose ordinary-time earnings were less than $380.60 at 30
June 1995; and
(iii) the employee's superannuation entitlements prior to 30 June
1995 were greater than the superannuation percentage requirements under the Superannuation Guarantee (Administration)
Act 1992.
A Red Circled Employee's superannuation entitlements
are detailed in subclause 55.5.
55.3 Employers to
Become a Party to the Fund -
55.3.1 A respondent
employer shall make application to the fund to become a participating employer
in the fund and shall become a participating employer upon acceptance by the
Trustee of the fund.
55.3.2 A respondent
employer shall provide each employee who is not a member of the fund with a
membership application form upon commencement of this clause and thereafter
upon commencement of employment.
55.3.3 Each employee
shall be required to complete the membership application and the employer shall
forward the completed application to the fund by the end of the calendar month
of commencement of this clause or commencement of employment.
55.4 Eligibility of
Employees -
55.4.1 Each employee
shall be eligible to join the fund upon commencement of employment.
55.4.2 Each employee
shall be eligible to receive contributions from the date of eligibility,
notwithstanding the date the membership application prescribed in clause 55.3.3
was forwarded to the fund.
55.5 Employer
Contributions on Behalf of Each Employee -
55.5.1 Notwithstanding
the provisions of subclause 55.5.2, and the legislation referred to therein, a
respondent employer must contribute to the fund in respect of each employee, irrespective
of the age and/or earnings of the employee, such contributions as required to comply with the Superannuation
Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992. Failure to comply with this
paragraph shall constitute a distinct and separate breach of this paragraph.
55.5.2 Red Circled
Employee - A Red Circled Employee must not be disadvantaged in the provision of
their superannuation entitlements by employers transferring from the Stage 1
system to the Stage 2 system of calculation of superannuation obligations
outlined below.
For the purpose of this clause, an employee will be
deemed to be a Red Circled Employee if:
(i)
(1) in the employ of an employer at 30 June 1995; and
(2) whose ordinary-time earnings were less than $380.60 at 30
June 1995; and
(3) the employee's superannuation entitlements prior to 30 June
1995 were greater than the superannuation percentage requirements under the
Superannuation Guarantee (Administration) Act 1992.
(ii) The system of
calculating a Red Circled Employee's full superannuation entitlements must be
the Stage 1 system outlined in clause 55.5.2 (iiii)(1),
until such time as the employee's full superannuation entitlements would be
equal to or greater under the Stage 2 system of calculation outlined in clause
55.5.2(iii)(2).
(iii)
(1) The Stage 1
system of calculating an employer's full superannuation obligations for an
employee is by the provision of superannuation contributions as follows:
Full-time Adult
|
$14.00 per week
|
Juniors and Apprentices
|
$10.50 per week
|
|
|
Part-time and Casual:
|
|
|
|
working up to 30 hours per week
|
$10.50 per week
|
working 30 hours or more per week
|
$13.50 per week;
and
|
(A) 1.32 per cent of
ordinary-time earnings as defined in clause 55.2.2 if the employer's payroll
was in excess of $1,000,000 as at 1 July 1992; or
(B) 0.32 per cent of
ordinary-time earnings as defined in clause 55.2.2 if the employer's payroll
was less than $1,000,000 as at 1 July 1992.
(2) Subject to the
provisions of clause 55.5.2(ii), the Stage 2 method of calculating an
employer's full superannuation obligations for an employee is by applying the
relevant percentage as outlined in the table located in clause 55.2.3 to the
employee's ordinary-time earnings.
Failure to comply with this subclause shall constitute
a distinct and separate breach of this subclause.
55.5.3 Such contribution
shall be made monthly by the last day of the month following, the total of the
weekly contribution amounts accruing in the previous month in respect of each
employee.
The amount of contributions to the fund shall be
calculated to the nearest ten cents, and any fraction below five cents shall be
disregarded.
55.5.4 The fund and the
amount of contributions paid in accordance with this clause and clause 55.6
shall be included in pay advice notices provided by employers to each employee.
55.5.5 Contributions
shall continue to be paid in accordance with this subclause during any period
in respect of which an employee is entitled to receive accident pay in
accordance with clause 48, Accident Pay.
55.5.6 Unpaid Absences -
Except as where specified in the rule of the fund, contributions by respondent employers
in respect of unpaid absences will be proportional to the wage received by the
employee concerned in a particular pay period. For the purpose of this clause,
each pay period will stand alone. Accordingly, unpaid absences in one pay
period will not carry over to another pay period.
55.5.7 Cessation of
Contributions - A respondent employer's obligation to make contributions on
behalf of the employee ceases on the last day of employment with the employer.
55.6 Employee
Contributions -
55.6.1 An employee may
make contributions to the fund in addition to those made by the respondent
employer under clause 55.5.
55.6.2 An employee who
wishes to make additional contributions must authorise the respondent employer
in writing to pay into the fund, from the employee's wages, amounts specified
by the employee in accordance with the fund's Trust Deed and Rules.
55.6.3 An employer who
receives written authorisation from the employee must commence making payments
into the fund on behalf of the employee within 14 days of receiving the
authorisation.
55.6.4 An employer may
vary the additional employee contributions by a written authorisation and the
employer must alter the additional contributions within 14 days of receiving
the authorisation. An employee may only vary the employee’s additional
contributions once each month.
55.6.5 Additional
employee contributions to the fund, requested under this subclause, shall be
expressed in whole dollars.
55.7 Exemptions -
55.7.1 An employer may
make an application for exemption from subclause (f) of this clause in respect
of contributions to the fund for employees who are not members of the Union.
Applications for exemption shall be determined in
accordance with the Superannuation Test Case (Print L5100) and the December
1994 State Wage Case principles or any decision made in succession thereto.
55.7.2 It is recorded
that the scheme specified in the first column hereunder is a scheme to which
this paragraph applies and that the agreement of the Union and its members has
effect on and after 1 July 1987.
(1)
|
(2)
|
(3)
|
Name of Scheme
|
Covered
|
Date of Effect of Union Agreement
|
Pacific Dunlop Superannuation Fund
|
|
1 July 1987
|
56. Enterprise
Bargaining
56.1 The parties to this
award are committed to co-operating positively to increase the efficiency,
productivity and international competitiveness of the clothing industry to
enhance the career opportunities, quality of working life and job security of
workers in the industry.
56.2 An employer,
employees and the Union may develop an enterprise bargaining agreement in
accordance with the provisions of this clause and Schedule E or such other
procedures that are agreed in writing between the employer and the Secretary of
the Union. The agreement shall, to the extent of any inconsistency, take
precedence over any provisions of this award.
56.3 In each workplace
in the clothing industry seeking to develop an enterprise bargaining agreement,
an employer, employees and the Union shall establish a consultative committee
in accordance with Schedule E or such other procedures that are agreed in
writing between the employer and the Secretary of the Union.
56.4 The basis for the
work of the consultative committee shall be to consider matters raised by
committee members which impact on employees and/or which contribute to the
improved operation and efficiency of the enterprise as outlined in clause 56.1.
56.5 The matters
raised for inclusion in an enterprise bargaining agreement may, amongst other
things, involve:
spread of hours
shift work
job redesign and work
organisation
work related childcare
vocational training
English language training
foundation education training
arrangement of leave
operation of payment by
results systems
work health and safety
leave for special purposes
parental leave
job sharing
56.6 An enterprise
bargaining agreement shall not act to:
56.6.1 reduce the award rate in accordance with clause 6, Rates of
Pay;
56.6.2 increase the ordinary hours of work in any roster system
beyond an average of 38 hours per week;
56.6.3 reduce the quantum of meal money in accordance with clause
17, Meal Money;
56.6.4 reduce the number or duration of rest periods contained in
clause 18, Rest Period;
56.6.5 reduce the quantum of period of notice in accordance with
clause 20, Terms of Engagement;
56.6.6 reduce the quantum of annual leave and annual leave loading
in accordance with clause 21, Annual Leave;
56.6.7 reduce the quantum of sick leave entitlement in accordance
with clause 23, Sick Leave;
56.6.8 reduce the quantum of holidays in accordance with clause 28,
Holidays;
56.6.9 affect the provisions of clauses 31, Contract Work, 32,
Outworkers, and 33, Registration of Employers, for the purpose of clauses 31
and 32;
56.6.10 reduce the quantum of bereavement leave in accordance with
clause 47, Bereavement Leave;
56.6.11 reduce the quantum of accident make up pay in accordance
with clause 48, Accident Pay;
56.6.12 reduce the quantum of unpaid leave in accordance with clause
52, Parental Leave;
56.6.13 reduce the quantum of severance pay in accordance with
clause 54, Redundancy;
56.6.14 reduce the quantum of superannuation contributions in
accordance with clause 55, Superannuation.
57. Anti-Discrimination
57.1 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.
57.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
57.3 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.
57.4 Nothing in this
clause is to be taken to affect:
57.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
57.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
57.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination
Act 1977;
57.4.4 a
party to this award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
57.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
58. Area, Incidence
and Duration
58.1 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Clothing Trades
(State) Award published 15 January2016 (378 I.G. 862), and all variations
thereof.
58.2 The award
published 15 January 2016 took effect from the beginning of the first pay
period to commence on or after 24 November 2015. The award remains in force until varied or
rescinded, the period for which it was made having already expired.
58.3 It shall apply to
employees referred to in clause 6, Rates of Pay, within the jurisdiction of the
Clothing Trades (State) Industrial Committee.
58.4 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 28 April 1999 (310 I.G. 359) take
effect on and from 13 March 2019.
59. Appendix a - Form
of Indenture of Apprenticeship
This indenture, made the .................
day of ............................... 20 ..............
between employer, apprentice, and their executors,
administrators or assignees, witnesses that the said employer does hereby
covenant with the said apprentice, and the said parent or guardian, that he or
she, the said employer will:
(a) Take and
receive the said apprentice as his or her apprentice for the full term of
.......... years from the ......... day of ...................................
20 .........
(b) To the best of
his or her power, knowledge and ability to teach and instruct, or cause to be
taught and instructed, the said apprentice in the art and craft of ....................
(c) Pay to the said
apprentice (during such time as he or she shall observe and perform the term of
this indenture) at least the wage set forth in this award.
(d) Pay to the said
apprentice such further rates for overtime worked as may be fixed by this
award.
(e) Within 14 days
from the date hereof, place the said apprentice under the direction of a
qualified person.
(f) On completion
of the term herein named, hand over to the said apprentice a copy of this
indenture, with a certificate to the effect that the said term has been served.
Provided that this shall be conditional on the said apprentice serving the said
term and observing and fulfilling the covenants herein,
and the said apprentice and
parent or guardian does covenant with the said employer that he or she, the
said apprentice, during the said term will:
(a) Faithfully and
honestly serve the said employer as an apprentice in his or her trade or
business aforesaid.
(b) Willingly obey
the lawful order and commands of the said employer or such of his or her
representatives as he or she, the said apprentice, shall be placed under the
said business.
(c) Not wilfully do
or commit or wilfully suffer to be done or committed, any waste, damage or other
injury to the property or goods of the employer or any firm or company of which
he or she may be a member, or lend them to any person without the consent of
the said employer.
(d) Not unlawfully
absent himself or herself from the services of the said employer during
business hours.
(e) Not by word or
action induce other apprentices to disobedience, and it is hereby specially
agreed by all parties to this indenture -
(i) That
this indenture may be assigned, suspended or cancelled:
(1) by mutual consent of the parties after seven days notice by either party; or
(2) by the
employer, subject to the approval of the Industrial Committee if, through lack
of orders or through financial difficulties, he or she is unable either to find
suitable employment for the apprentice or a transfer to another employer cannot
be arranged; or
(3) by the Industrial Committee.
(ii) That the said
apprentice shall not be paid for any time he or she shall be absent from his or
her duties through his or her own wilful default and neglect or through
illness, except as prescribed in clause 23, Sick Leave, or through absenting
himself or herself from his or her employer's service without leave or licence,
but in all other circumstances the said apprentice shall be paid his or her
wage in full each week.
(iii) That the
employer may (if authorised by the Industrial Committee) stand down the
apprentice without pay at any time when no work is offering or may deduct
payment for any time for which the apprentice cannot be usefully employed
because of a strike by the Union or any other union, or because of any stoppage
of work, or because of any failure or lack of power or any restrictions on the
use of, or shortage of power, or for any cause for which the employer cannot
reasonably be held responsible.
(iv) That
the said apprentice shall not be entitled to a higher rate of pay until he or
she has actually worked for a period of six months in the next preceding rate.
(v) That, in
computing the period of six months, all time worked as overtime shall be
allowed as a set-off against any absence during the said period.
(vi) On
the completion of the term of apprenticeship created by the indenture of
apprenticeship the employer shall forthwith endorse and sign the former
apprentice's copy of the indenture with the notation that the apprenticeship
was completed on the ............. day of ....................................
20 ...............
And for the true performance of all and every of the said
covenants and agreements each of the said parties binds himself or herself (as
the case may be) to the others by these presents. Signed, sealed and delivered
by the said
Witness:
Apprentice
Witness:
Parent or Guardian
Witness:
Employer
Assignment of the Within Indentures:
The within-named employer does hereby, with the consent of .................................... (parent),
assign the within indenture and the services thereunder of the within-named
apprentice, ............................
unto .....................................
of ...................................
for .........................the unexpired portion of
the within-named terms of ........... and the said
..................... does hereby declare its acceptance of such apprentice,
and acknowledge itself to be bound by the agreement, engagement, obligations
and covenants on the part of the employer of such apprentice, to be done and
performed as fully as if it had entered into the same as a party under that
indenture.
In witness whereof the parties hereunto have set their hands
and seals
this .................. day of
........................... two thousand and ................................
Signed, sealed and delivered by the said:
Witness:
Employer
Witness:
Parent
Witness:
Apprentice
Witness:
Assignee Employer
60. Appendix B - Form
of Declaration - Amenities
60.1
60.1.1 The terms
"reasonably convenient to the working area" as applied to dining
rooms in clause 37.6, Amenities, and to rest rooms in subclause 37.7 shall mean
that, in any building where no passenger lift is available to the employees,
the dining and/or rest room may be located on the same floor as the working
area or on the floor immediately above or below the working area.
60.1.2 Where the dining
room and/or rest room is more than one floor but less than three floors removed
either above or below the working area in any building where no passenger lift
is available to the employees, the location shall be deemed to be reasonably
convenient if it meets with the approval of the Union and a written declaration
to this effect, signed by the employer concerned and by an authorised
representative of the Union, in the form as hereinafter contained, is lodged
with the Industrial Registrar or a Deputy Industrial Registrar. In the event of the employer being unable to
obtain the approval of the union the matter may be referred to the Industrial
Relations Commission of New South Wales, which shall then determine whether or
not the location is reasonably convenient. If the Commission determines that
the location is reasonably convenient it shall make a written declaration to
this effect.
60.1.3 Where the dining
room and/or rest room is three or more floors removed either above or below the
working area in any building where no passenger lift is available to the
employees, the location shall be deemed not to be reasonably convenient.
60.2 Where a dining
room is located so as to require employees to move in the open without shelter,
or to require employees to traverse a considerable distance from the working
area or part of the working area to the dining room, the Union or the employer
concerned may apply to the Industrial Committee to determine whether or not the
location of the dining room is reasonably convenient. If the Committee determines that the location
is reasonably convenient, it shall make a written declaration to this
effect. Provided that if the Committee
determines that the location is not reasonably convenient, the disability
allowance as provided in clause 46, Disability Allowance, shall only be payable
as from the date of such decision of the Committee.
60.3 Where, pursuant
to subclause 37.7.1 Amenities, a common rest room with the approval of the
Union is provided for the employees of two or more employers, such rest room shall
be deemed to be "reasonably convenient" to the working area and a
written declaration to this effect signed by the employer concerned and a
representative of the union in the form provided herein shall be lodged with
the Industrial Registrar or a Deputy Industrial Registrar.
60.4 Where the Union
considers the passenger lift facilities, where provided, to be unsatisfactory
the matter may be referred to the Industrial Relations Commission of New South
Wales for determination.
60.5 Any declaration
made pursuant to the above provisions shall continue to apply until revoked by
the parties, the Committee or the Industrial Relations Commission of New South
Wales, in the event of a significant change in circumstances to those existing
as at the date of the declaration.
FORM OF DECLARATION - CLOTHING TRADES AWARD - AMENITIES
This declaration made the ................... day of
.................................... 20 .......... by The Textile Clothing and
Footwear Union of New South Wales and employer(s) declares that the dining
room(s) and/or rest room(s) at the premises of the above employer(s) situated
at ............................ as at the date of this declaration shall be
deemed to be acceptable and "reasonably convenient" to the working
area for the purpose of clause 37, Amenities, of the Clothing Trades (State)
Award.
Signed:
For and on behalf of The Textile Clothing
and Footwear Union of New South Wales.
For and on behalf of the employer.
61. Schedule A - Consultative Committees
(Subject to the provisions of the Industrial Relations Act 1996)
61.1 Composition -
61.1.1 A consultative
committee shall include:
at least 50% Union/employee
representatives; and
at least one senior management
representative.
61.1.2 Management, the Union
and the employees will jointly determine the size of the committee. A committee shall consist of no fewer than
four members and no more than ten.
61.1.3 The
election/appointment of management representatives will be determined by
management, and the election of Union/employee representatives will be
determined by the Union. Where there is a Union delegate they must be a
Union/employee representative.
61.1.4 In the
determination of Union/employee representatives on the committee, consideration
shall be given to:
the makeup of the workforce,
in particular the proportion of women, people from a non-English speaking
background and juniors;
the size of the workforce;
the number of distinct
operations at the workplace;
shift arrangements;
the corporate structure;
other existing consultative
mechanisms.
61.1.5 Where an
enterprise is comprised of a number of sites or distinct workplaces, the number
of committees to be established shall be determined jointly by management and
the Union, depending on the size and operation of the enterprise and its
separate components. Should more than one committee be established, a peak
committee shall be established to ensure a co-ordinated approach.
61.1.6 The committee,
once established, may invite persons to attend specific meetings.
61.1.7 An official of the
Union shall have a right to be present and participate in the deliberation of
the committee.
61.2 Term of Office -
61.2.1 Members elected or
appointed to the committee shall hold office for a period of twelve months, and
will be required to be re-elected or re-appointed each subsequent year. It is
the responsibility of each committee member to attend meetings on a regular
basis and to represent the views and opinions of those people they represent.
61.2.2 If a member of the
committee ceases employment with the enterprise or resigns from the committee,
a new election or appointment shall be made in accordance with 61.2.1.
61.3 Terms of
Reference - The following matters shall form the basis for the work of the
committees. Each committee will seek to reach agreement on the matters set out
below and make recommendations to senior management who will take into account
the views and the deliberations of the committee prior to making its final
decisions:
61.3.1 To implement the
restructured award in the workplace.
61.3.2 To review the
implications and/or impact on the enterprise of major external influences,
including the Australian Government textile, clothing and footwear industries
development plan.
61.3.3 To consider the
introduction of new or revised work methods/work arrangements.
61.3.4 To give
consideration to the impact of technological change and other significant
changes in the organisation or workplace, with regard to:
number of employees, job
specifications and current skill base; and
acquisition of new skills and
additional training requirements.
61.3.5 To develop a
framework for skills development and provisions of training within the
workplace, including English language training and the provision of foundation
education.
61.3.6 To assess proposed
changes in product or product orientation for possible impact on work
method/work arrangements, employment and skill requirements.
61.3.7 To give
consideration to equal employment opportunity principles in the context of
award restructuring in the workplace.
61.3.8 To consider the
provision of work related child care and, in particular, the Australian
Government work based child care program.
61.3.9 To consider other
matters raised by consultative committee members which impact on employees or
which contribute to the improved operation and efficiency of the enterprise.
61.4 Procedural
Guidelines -
61.4.1 Chairperson - A
chairperson shall be elected by the committee from within the committee and
shall alternate each meeting between management and Union/employee
representatives.
61.4.2 Secretary - A
Secretary shall be appointed for the purposes of recording minutes, preparation
and distribution of agendas and other administrative duties. The administrative
requirements of this position shall be provided by the employer. The person appointed to this position shall
not be a member of the committee.
61.4.3 Agenda - All
members of the committee shall have a right and a responsibility to submit
agenda items. The agenda, minutes and any relevant background documentation
shall be circulated one week prior to the meetings.
61.4.4 Preparation -
Reasonable time in working hours shall be provided to Union/employee
representatives for the purpose of preparing for the meeting. Union/employee
representatives and an official of the Union may, at a time convenient to the
employer, during working hours, hold meetings with the workforce or part of the
workforce prior to meetings of the committee.
61.4.5 Meetings - The
committee shall meet at least every two months, unless the committee determines
that it shall meet on a more frequent basis.
The meetings of the committee shall be held at a place and
time convenient to management, but shall be held during normal working hours.
Attendance at committee meetings shall be treated as and paid for as time
worked.
A reasonable time limit shall be placed on the length
of meetings. Enough time shall be provided to adequately deal with the agenda
items. Meetings shall operate on a consensus basis.
61.4.6 Minutes - The
Secretary of the committee shall minute the proceedings of each meeting of the
committee. The minutes shall be circulated to each member of the committee
within one week of the meeting, verified by committee members prior to the next
meeting, and signed by the chairperson at the next meeting of the committee as
a true and correct record of the proceedings of the committee.
61.4.7 Future Meetings -
The date of the next meeting of the committee shall be set at the close of the
previous meeting.
61.4.8 Confidentiality -
All members of the Consultative Committee and the Secretary of the committee
shall accept that, whilst the spirit of genuine consultation is to be
paramount, at no time shall the committee have placed before it any matter, the
confidentiality of which is in the company's best interests, or where
confidentiality has been specifically agreed with a third party.
61.4.9 Management Response
- Senior management must formally respond to the committee's recommendations.
Normally this will take place prior to the next meeting of the committee.
61.5 Feedback -
61.5.1 The minutes of the
meetings of the committee shall be kept by the Secretary of the committee and
shall be available upon request to any employee or any other person approved by
the committee. As a matter of course, minutes shall be forwarded to the
Secretary of the Union.
61.5.2 Minutes of the
committee meeting shall be posted on the noticeboards after ratification by the
meeting.
61.5.3 Reasonable time in
working hours shall be provided to Union/employee representatives for the
purpose of reporting back on items raised and agreements reached at the
meeting. Union/employee representatives may, at a time convenient to the
employer, during working hours, hold meetings with the workforce or part of the
workforce following meetings of the committee.
A reasonable time limit shall be placed on the length
of meetings. Enough time shall be provided to adequately deal with the agenda
items. Meetings shall operate on a consensus basis.
61.6 Training - All
members of the committee shall be entitled to training in meeting procedures
and relevant related skills required to ensure that they are in a position to
represent their constituents and play an active role in the operation of the
committee. The nature, time and extent of training provided shall be determined
between management and the Union.
61.7 Evaluation - A
review of these procedures shall be conducted at the end of each twelve months’
operation.
62. Schedule B -
Request to the Union by the Outworker to Reduce the Number of Hours Worked Part-Time
Please complete in English
Outworker's Name:
Address:
Telephone:
Employer's Name:
Address:
Telephone
Registration Number:
I wish to reduce the number of hours I work on a part-time
basis to a minimum of 15 hours per week over 12 months, starting on
Outworker's Signature
Date
Please send this form to the Secretary of The Textile
Clothing and Footwear Union of New South Wales.
A copy, signed by the Secretary of the Union, will be returned to the
outworker.
Secretary's Signature
Date
63. Schedule C -
Information to be Given to Outworkers
If you work at home or outside a factory making garments or
parts of garments or sewing sheets, etc., you may be an outworker.
If you are an outworker, you are entitled to the same wages
and conditions, in general, as workers in clothing factories.
The Clothing Trades (State) Award sets out legally
enforceable rights and obligations. This
applies to all outworkers, including employees, independent contractors, and
holders of business name registrations.
According to this law, some of the entitlements outworkers
must receive are set out below:
Hours of Work - An outworker may only be employed to work
full-time, which is 38 hours a week, or part-time, which must be at least 15
hours per week. The hours must be agreed to in advance by the outworker and the
employer. This means you are guaranteed
payment for the agreed number of hours per week, even if you are not given any
work, unless you are stood down in accordance with the award.
You cannot be required to work on Saturdays, Sundays or
public holidays. You may agree to work on those days if asked to do so by your
employer. You will have to be paid overtime rates if you do work on those days.
As a full-time or part-time worker, you can only be required
to work seven hours and 36 minutes each day. If you are asked by your employer
to work more than this number of hours, you must be paid overtime. This means that, even if you are paid by the
piece, you cannot receive less than the hourly award rate of pay.
Overtime - If you agree to work more than seven hours and 36
minutes in a day, Monday to Friday, you must be paid one and a half times the
normal hourly rate for each hour over the seven hours and 36 minutes. For every hour you agree to work on a
Saturday, Sunday or public holiday, you must be paid double the normal hourly
rate.
Wages - These are set by the Textile Clothing Footwear and
Associated Industries Award 2010.
Remember, the law says you must not be paid less than the hourly rate
according to the award.
Annual Leave (Holidays) - You are entitled to annual leave.
You should get 20 working days paid leave for every year you work full-time.
You should be paid before you go on holidays, and this holiday pay should
include an extra amount - a holiday leave loading - of 17.5 per cent of your pay. This amount of annual leave for part-time
workers depends on the hours you work in a 12-month period. The Textile
Clothing and Footwear Union of New South Wales or Department of Industrial
Relations or Australian Business Industrial will help you to work this
out. Payment for public holidays (such
as Christmas or New Year's Day), which occur when you are on leave, should be
added on to your holiday pay.
Public Holidays - If you normally work on a day on which a
public holiday falls, you should receive a day's pay without working on that
day. The public holidays that apply in
New South Wales are New Year's Day (1 January), Australia Day (26 January),
Good Friday, Easter Saturday, Easter Monday and Easter Tuesday in March or
April, Labour Day, ANZAC Day (25 April), Queens Birthday in June, Christmas Day
and Boxing Day (25 and 26 December).
Superannuation - By law, your employer has to make a
superannuation contribution of up to eight per cent to an approved fund, for
you. Normally this would be the Australian Retirement Fund, which is approved
by both union and employer organisations The Textile Clothing and Footwear
Union of New South Wales or Department of Industrial Relations or Australian
Business Industrial will help you to work this out.
Workers' Compensation - If you become ill or suffer injury
as a result of the work you do you may be entitled to workers' compensation,
which helps you pay for any treatment you might need to get better, and for
time off work. The laws covering
workers' compensation in New South Wales are the Workers’ Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998. It is important that you contact The Textile
Clothing and Footwear Union of New South Wales or Department of Industrial
Relations or Australian Business Industrial for information and help to make a
claim.
Materials - Your employer must provide all necessary
materials, trimmings and sewing threads for the work you are doing.
Delivery and Pick Up - The employer must deliver and pick up
the work free of charge to you.
Record of Work - Every time you receive work you should keep
a record. This should show:
employer's name, address and
telephone number;
the date you receive the work and
the date the work was completed;
the number of hours and days it
took to do the work;
the number of items, what the item
is and how long it took to make each item;
the total amount of money paid for
the completed work.
For further information on your rights and entitlements,
please contact one of the following organisations:
The Textile, Clothing and Footwear Union of New South Wales
C/- CFMMEU - Manufacturing Division
540 Elizabeth Street, Melbourne, Victoria 3000
Fax (03) 9274 2384. Email: mdindustrial@cfmeu.org
Australian Business Industrial, 140 Arthur Street, North
Sydney NSW 2059. Tel.
(02) 9548 7500.
Department of Industrial Relations, 1
Oxford Street, Darlinghurst NSW 2010. Tel. (02) 9243
8888.
64. Schedule D - Broadbanding Arrangements*
Former transitional wages classification system to
facilitate the introduction of skill levels in 1994. Retained
for historical reference only.
Group A - Order Tailoring for Males - The weekly wage for
every description of work done in connection with the making and/or altering
and/or repairing and/or work incidental thereto of all male outer garments of
any description (including dressing gowns) cut and made to chart measure or cut
and made to an individual measure and garments that are fitted on shall be as
follows
|
|
Wage band No
|
1
|
Cutter, marking in and/or cutting out
|
5
|
2
|
Trimmer, marking in and/or cutting out linings and
trimmings
|
3B
|
3
|
Fitter up and/or shaper
|
3B
|
4
|
Head of table or bench of machines in charge of four or
more persons - above appropriate machinist rate
|
As set in Item 1 of
Table 2of Part B
|
5
|
Tailor or tailoress employed
making and/or altering coats by hand or by machine and who in the ordinary
course of employment is performing similar work to
|
4
|
|
that ordinarily performed by an order Tailor
|
|
6
|
Coat maker engaged on three of any of the following
operations:
|
3B
|
|
(a)
|
canvassing fore-parts by hand;
|
|
|
(b)
|
basting-under, basting out facings by hand;
|
|
|
(c)
|
inserting pads, basting on undercollars
and basting in
|
|
|
|
sleeves for try on;
|
|
|
(d)
|
hand felling top collars;
|
|
|
(e)
|
basting-in sleeves by hand and
working sleeve heads.
|
|
7
|
Employees employed making and/or altering by hand or by machine
any part of a dress coat, tuxedo, frock coat, dinner jacket, or body coats of
all descriptions
|
3B
|
8
|
Coat table hand or coat machinist
|
2B
|
9
|
Trouser hand or trouser machinist
|
2A
|
10
|
Vest table hand or vest machinist
|
2A
|
11
|
Embosser, embroiderer, cornelli
worker
|
2B
|
12
|
Presser, pressing off and/or underpressing
|
3A
|
13
|
Examiner examining for faults in construction
|
3B
|
14
|
All others not herein classified
|
3B
|
Group B - Order Tailoring for Females - The weekly wage for every
description of work done in connection with order tailoring for females, which
includes the making and/or altering and/or repairing and/or work incidental
thereto of tailored female outer garments cut and made to chart measure or cut
and made to an individual measure and garments that are fitted on, shall be as
follows:
15
|
Cutter marking in and/or cutting out
|
5
|
16
|
Trimmer marking in and/or cutting out linings or trimmings
|
3B
|
17
|
Fitter up and/or shaper
|
3B
|
18
|
Head of a table or a bench of machines in charge of four
or more persons - above appropriate machinist rate
|
As set in Item 1 of
Table 2 of Part B
|
19
|
Tailor or tailoress employed
making and/or altering coats by hand or by machine and who in the ordinary
course of employment is performing similar work to
|
4
|
|
that ordinarily performed by an order tailor
|
|
20
|
Coat maker engaged on three of any of the following
operations:
|
3B
|
|
(a)
|
canvassing fore-parts by hand;
|
|
|
(b)
|
basting-under, basting out facings by hand;
|
|
|
(c)
|
inserting pads, basting on under collars and basting- in
|
|
|
|
sleeves for try on;
|
|
|
(d)
|
hand felling top collars;
|
|
|
(e)
|
basting-in sleeves by hand and
working sleeve heads.
|
|
21
|
Coat table hand or coat machinist
|
2B
|
22
|
Skirt maker and/or machinist
|
2A
|
23
|
Outer leg wear maker and/or machinist
|
2A
|
24
|
Embosser, embroiderer, cornelli
worker
|
2B
|
25
|
Presser pressing off and/or under-pressing
|
3A
|
26
|
Examiner examining for faults in construction
|
3B
|
27
|
All others not herein classified
|
1A
|
Group C - Ready Made Clothing for Males - The provisions contained
in this group shall not apply to the making of cardigans, pullovers and knitted
swimsuits in establishments of employers wherein the principal business of such
employer consists of the knitting of materials and the making of garments so
knitted. The weekly wage for every description of work done in connection with
the making and/or altering and/or repairing and/or work incidental thereto of
all male outer garments of any description (including dressing gowns),
excepting those specified in Groups A and I, shall be as follows -
28
|
Cutter laying up and/or marking in and/or using marker lay
and/or cutting out
|
4
|
|
|
|
29
|
Die cutter in cutting room
|
4
|
30
|
Trimmer marking in and/or cutting out linings or trimmings
|
3B
|
31
|
Fitter up and/or shaper
|
3B
|
32
|
Head of a table or a bench of machines, in charge of four
or more persons - above appropriate machinist rate
|
As set in Item 2 of
Table 2 of Part B
|
33
|
Tailor or tailoress
|
4
|
34
|
Alteration or repair hand (tailor or tailoress)
|
4
|
35
|
Alteration hand (other than tailor or tailoress)
in retail establishment
|
3A
|
36
|
Coat table hand or coat machinist
|
2B
|
37
|
Trouser table hand or trouser machinist
|
2A
|
38
|
Vest table hand or vest machinist
|
2A
|
39
|
Presser pressing off and/or under pressing garments other
than the garment which the employee is making
|
3A
|
40
|
Durable crease setters and/or sprayers
|
2B
|
41
|
Seam presser and/or seam opener by machine or by hand
|
2A
|
42
|
Canvas fuser and/or air operated fusing machine operator
other than
|
2A
|
|
on a Hoffman type press
|
|
43
|
Embosser, embroiderer, cornelli
worker
|
2B
|
44
|
Proofer
|
2A
|
45
|
Examiners examining for faults in construction:
|
|
|
(a)
|
tailor or tailoress
|
3B
|
|
(b)
|
Others
|
2B
|
46
|
Brusher and folder
|
2A
|
47
|
Hand sewer of buttons, hooks, eyes, press studs and the
like
|
2A
|
48
|
Operator, electronic welding machine
|
1B
|
49
|
Operator of press stud or riveting machine
|
1B
|
50
|
Transporter operator, i.e., employee operating console
|
2B
|
51
|
All others not herein classified
|
1A
|
Group D - Order Dressmaking - The weekly wage for every
description of work done in connection with order dressmaking which includes
the making and/or altering and/or repairing and/or adorning and/or work
incidental thereto of all female outer garments of any description (including
dressing gowns) cut and made to an individual measure and garments that are
fitted on, other than such items of outer wearing apparel as are specified in
Group B hereof, shall be as follows:
52
|
Cutter, marking in and/or cutting out
|
5
|
53
|
Head of a table or a bench of machines, in charge of four
or more persons above appropriate machinist rate
|
As set in - Item 1
of Table 2 of Part B
|
54
|
Table hand or machinist
|
2B
|
55
|
Presser operating Hoffman type press or hand iron more
than 3.63 kg (8lbs) in weight (not counterbalanced)
|
3A
|
56
|
Presser pressing off and/or under- pressing - other
|
2B
|
57
|
Pleater making patterns and
pleating by hand or by machine
|
3B
|
58
|
Pleater, rolling in by hand or
machine and/or inserting pleat into pattern
|
2A
|
59
|
Embosser, embroiderer, cornelli
worker
|
2B
|
60
|
Fitter-on trying on to a customer unfinished or finished
garments
|
3A
|
61
|
Hand sewers of buttons, hooks, eyes, press studs and the
like
|
2A
|
62
|
All others not herein classified
|
1A
|
Group E - Ready Made Dressmaking and Ready Made Tailoring
for Females - The provisions contained in this group shall not apply to the
making of cardigans, pullovers and knitted swimsuits in establishments of
employers wherein the principal business of such employer consists of the
knitting of materials and the making of garments so knitted. The weekly wage
for every description of work done in connection with the making and/or
altering and/or repairing and/or adorning and/or work incidental thereto of all
descriptions of ready made garments or outer wearing
apparel for females, excepting those specified in Groups B, D and I, which
shall include tea, dressing or house gowns, blouses, fronts, collars, collarettes, cuffs and children's garments (other than
those included in Group F), shall be as follows:
63
|
Cutter, marking in and/or cutting out
|
4
|
64
|
Die cutter in cutting room
|
4
|
65
|
Trimmer marking in and cutting out linings and/or
trimmings
|
3B
|
66
|
Fitter up and/or shaper
|
3B
|
67
|
Head of a table or a bench of machines, in charge of four
or more persons - above appropriate machinist rate
|
As set in Item 2 of
Table 2 of Part B
|
68
|
Tailor or tailoress
|
4
|
69
|
Table hand, finisher or machinist including the making of
fronts, collars, collarettes, cuffs or shoulder
pads
|
2B
|
70
|
Embosser, embroiderer, cornelli
worker
|
2B
|
71
|
Alteration hand (other than tailor or tailoress)
in retail establishment
|
3A
|
72
|
Presser pressing off and/or under- pressing operating
Hoffman type press or hand iron more than 3.63 kg.(8 lbs.) in weight (not counterbalanced)
|
3A
|
73
|
Presser pressing off and/or under- pressing - other
|
2B
|
74
|
Fusing machine operator
|
2B
|
75
|
Seam presser and/or seam opener by machine or hand
|
2A
|
76
|
Durable crease setter and/or sprayer
|
2B
|
77
|
Pleater making patterns and
pleating by hand or by machine
|
3B
|
78
|
Pleater, rolling in by hand or
by machine and/or inserting pleat into Pattern
|
2A
|
79
|
Examiner, examining for faults in construction
|
2B
|
80
|
Hand sewer of buttons, hooks, eyes, press studs and the
like
|
2A
|
81
|
Operator, electronic welding machine
|
1B
|
82
|
Operator of press stud or riveting machine
|
1B
|
83
|
Transporter operator, i.e., employee operating console
|
2B
|
84
|
All others not herein classified
|
1A
|
Group F - Underclothing - The provisions contained in this
group shall not apply to establishments of employers wherein the principal
business of such employers consists of the knitting of goods and making of garments
from goods so knitted. The weekly wage for every description of work done in
connection with the making and/or altering and/or repairing and/or adorning
and/or work incidental thereto of all descriptions of underclothing for females
which includes corsets, brassieres, nightgowns, pyjamas, pinafores and aprons
for females and sunsuits, playsuits and similar garments for children not
exceeding eight years of age shall be as follows:
85
|
Cutter marking in and/or cutting out
|
4
|
86
|
Die cutter in cutting room
|
4
|
87
|
Head of a table or a bench of machines, in charge of four
or more persons - above appropriate machinist rate
|
As set in Item 2 of
Table 2 of Part B
|
88
|
Machinist
|
2A
|
89
|
Adornment worker
|
2A
|
90
|
Table hand and/or finisher
|
2A
|
91
|
Presser and/or ironer operating Hoffman type press or hand
iron more than 3.63 kg. (8 lbs.) in weight (not counterbalanced)
|
3A
|
92
|
Presser and/or ironer - other
|
2A
|
93
|
Transferrer
|
2A
|
94
|
Examiner examining for faults in construction
|
2A
|
95
|
Hand sewer of buttons, hooks, eyes, press studs and the
like
|
2A
|
96
|
Transporter operator, i.e., employee operating console
|
2A
|
97
|
All others not herein classified
|
1A
|
Group G - Whitework - The weekly
wage for every description of work done in connection with the making and/or
altering and/or repairing and/or adorning and/or work incidental thereto of all
descriptions of whitework which shall include all
descriptions of napery and/or sheets and/or pillow slips and/or pillow shams
and/or diapers and/or handkerchiefs and/or towels and/or chenille bedspreads
and/or mosquito nets and/or chenille bathmats, and when made in clothing and whitework factories, toys and/or lamp shades and/or cot
covers and/or blankets and/or bedspreads, shall be as follows:
98
|
Cutter marking in and/or cutting out
|
4
|
99
|
Die cutter in cutting room
|
4
|
100
|
Head of a table or a bench of machines, in charge of four
or more persons - above appropriate machinist rate
|
As set in Item 2 of
Table 2 of Part B
|
101
|
Machinist and/or table hand
|
2A
|
102
|
Transferrer and/or adornment worker
|
2A
|
103
|
Presser and/or ironer operating Hoffman type press or hand
iron
|
3A
|
|
more than 3.63 kg (8 lbs) in
weight (not counterbalanced)
|
|
104
|
Presser and/or ironer - other
|
2A
|
105
|
Examiner
|
2A
|
106
|
Dyer and/or bleacher (chenille)
|
3A
|
107
|
Vat attendant (chenille)
|
2A
|
108
|
Divider of material
|
2A
|
109
|
All others not herein classified
|
1A
|
Group H - Collars, Shirts, Ties, Scarves and Pyjamas - The
weekly wage for every description of work done in connection with the making and/or
altering and/or repairing and/or adorning and/or work incidental thereto of
collars, ties, scarves, cuffs, shirts, shirt fronts, pyjamas for males,
singlets or underpants (except knitted goods) shall be as follows:
110
|
Cutter marking in and/or cutting out
|
4
|
111
|
Die cutter in cutting room
|
4
|
112
|
Head of a table or a bench of machines, in charge of four
or more persons - above appropriate machinist rate
|
As set in Item 2 of
Table 2 of Part B
|
113
|
Machinist and/or table hand and/or adornment 2A Worker
|
2A
|
114
|
Presser and/or ironer operating Hoffman type press or hand
iron more than 3.63 kg (8 lbs) in weight (not
counterbalanced)
|
3A
|
115
|
Presser and/or ironer - other
|
2A
|
116
|
Fuser
|
2A
|
117
|
Examiner examining for faults in construction
|
2A
|
118
|
Transporter operator, i.e. employee operating console
|
2A
|
119
|
All others not herein classified
|
1A
|
Group I - Industrial Clothing - The weekly wage for every description
of work done in the making and/or work incidental thereto of industrial
clothing for males and females which includes industrial uniforms, overalls
(excluding what are known in the trade as shaped garments), boiler suits, dust
coats and industrial shorts, made from materials other than woollen or worsted
shall be as follows:
120
|
Cutter marking in and/or cutting out
|
4
|
121
|
Die cutter in cutting room
|
4
|
122
|
Head of a table or a bench of machines, in charge of four
or more persons - above machinist rate
|
As set in Item 2 of
Table 2 of Part B
|
123
|
Machinist and/or table hand
|
2A
|
124
|
Presser and/or ironer operating Hoffman type press or hand
iron more than 3.63kg. (8 lbs.) in weight (not counterbalanced)
|
3A
|
125
|
Presser and/or ironer - other
|
2A
|
126
|
Examiner
|
2A
|
127
|
Operator, electronic welding machine level 1 engaged in
the manufacture of other industrial safety equipment or exercising skill with
no requirement to
|
1B
|
|
reset machine or mould regularly
|
|
127A
|
Operator electronic welding machine level 2 engaged in the
manufacture of industrial safety clothing of whatever nature or constructing
the whole of a
|
2B
|
|
garment or adapting setting of machine regularly to
different tasks
|
|
128
|
Operator of press stud or riveting machine
|
1B
|
129
|
Transport operator, i.e., employee operating console
|
2A
|
130
|
All others not herein classified
|
1A
|
Group J - Headwear - The weekly wage for every description
of work done in connection with the making and/or altering and/or repairing and/or
adorning and/or work incidental thereto of any kind of hats, caps, bonnets,
helmets, berets or any other kinds of headwear (except such hats as are made
under the provision of the Felt Hatting Award) shall be as follows:
131
|
Cutter other than milliner
|
4
|
132
|
Head of a table or a bench of machines in charge of four
or more persons - above machinist rate
|
As set in Item 2 of
Table 2 of Part B
|
133
|
Hand blocker
|
4
|
134
|
Machine blocker
|
3A
|
135
|
Helmet maker
|
2B
|
136
|
Cap maker
|
2B
|
137
|
Machinist and/or table hand
|
2A
|
138
|
Model milliner designing original models
|
3A
|
139
|
Milliner
|
2A
|
140
|
Presser and/or ironer operating Hoffman type press or hand
iron more than 3.63kg (8 lbs) in weight (not
counterbalanced)
|
3A
|
141
|
Presser and/or ironer - other
|
2A
|
142
|
Operator, electronic welding machine
|
1B
|
143
|
All others not herein classified
|
1A
|
Group K - Umbrella - The weekly wage for every description
of work done in connection with the making and/or altering and/or repairing
and/or work incidental thereto of any description of umbrellas, or parasols, or
the like, shall be as follows -
144
|
Gore cutter, marking in and/or cutting out
|
3B
|
145
|
Machinist
|
2A
|
146
|
Examiner
|
2A
|
147
|
Hand ironer
|
2A
|
148
|
Frame maker
|
2A
|
149
|
Umbrella assembler, including rib assembling, band fixing,
topping, clipping in, rolling, studding, pulling up and fitting handles,
angle joints, runner, notches,
|
1B
|
|
bells and spikes
|
|
150
|
All others not herein classified
|
1A
|
Group L - Fur Trade - The weekly wage for every description of
work done in connection with the making and/or altering and/or remodelling
and/or repairing and/or work incidental thereto of all types of garments or
articles such as coats, jackets, capes, headwear, scarves, collars, cuffs,
neckwear, muffs, rugs, mats and toys made in the establishment of a furrier
from furred and/or haired and woollen skins shall be as follows:
151
|
Cutter marking in and/or cutting out
|
5
|
152
|
Head of a table or bench of machines in charge of four or
more persons - above appropriate machinist rate
|
As set in Item 2 of
Table 2 of Part B
|
153
|
Nailer
|
3A
|
154
|
Fur machinist
|
3A
|
155
|
Machinist (other than on fur machine) and/or table hand
|
2B
|
156
|
All others not herein classified
|
1A
|
Group M - Artificial Flowers and Brushed Silk Emblems - The
weekly wage for every description of work done in connection with the making
and/or work incidental thereto of all types of artificial flowers and brushed
silk emblems shall be as follows:
157
|
Cutter and/or stamper
|
3A
|
158
|
Dyer
|
3A
|
159
|
Shaper of petals by hand, with aid of curling iron and/or
bowler and assembling the petals so shaped
|
2B
|
160
|
Employee assembling and/or making and/or tying and/or
pressing artificial flowers
|
2B
|
161
|
Tiers and/or cutters and/or brushers of emblems
|
2B
|
162
|
All others not herein classified
|
1A
|
TRANSLATION PROCEDURE
64.1 Step 1 - Getting
Ready -
64.1.1 Arrange and conduct
a meeting of the Translation Committee or Consultative Committee to:
(1) Set date/s for
Union/employee training and make the necessary arrangements.
(2) Set date/s for
joint training and make the necessary arrangements.
64.1.2 Conduct a survey of
the language needs of the workforce.
64.1.3 Carry out an
inspection of the factory/workplace to familiarise the committee with the
different sections/work areas.
64.2 Step 2 - Training
and Planning -
64.2.1 Undertake
Union/employee training.
64.2.2 Undertake
joint training.
64.2.3 Set
date/s for information session/s to workforce and make the necessary
arrangements.
64.2.4 Set
date/s for transferring the workforce to the new skill levels.
64.2.5 Arrange
for suitable interpreters to be available for information sessions and
completion of the questionnaire (and checklist where used).
64.2.6 Agree
on the order in which different sections of the factory/workplace will be
translated and establish and prominently display a timetable for translation,
including the date/s for information sessions to the workforce and for the
completion of the questionnaire (and checklist where used). Translation should
commence as soon as possible after the delivery of training, and must be
completed within the transition period.
64.2.7 Agree
on how the completion of the questionnaire (and checklist where used) will be
managed, e.g., sections, by language groups.
64.2.8 Select
appropriate space within the factory/workplace to carry out translation
procedures.
64.2.9 Obtain
all the materials necessary.
64.2.10 Provide
information to the whole of the workforce on the translation to the new Skill
Based Classification Structure.
This may be provided verbally and/or in written form and/or by way of a
poster. This may be delivered in
sections or language groups or to the workforce as a whole.
64.2.11 Arrange
for the committee to brief supervisors on the translation process and provide
copy of written materials.
64.3 Step 3 - Preparing
the Skills Questionnaire (and checklist where used) -
64.3.1 In
preparation for the Skills Based Classification Structure, an enterprise may,
in consultation with the committee, choose to list machine types and then
classify the operations performed on them into:
(1) basic
(2) intermediate
(3) complex
64.3.2 This
information can be used to assist in determining skill levels by identifying
technical skills. It cannot be used without the questionnaire.
64.3.3 The
checklist must be agreed to as accurate by the committee before it can be used
in the translation process.
64.3.4 Arrange
for the questionnaire (and checklist where used) to be copied for each member
of the workforce.
64.3.5 Number
each questionnaire (and its accompanying checklist, where used) consecutively
beginning with number 1.
64.3.6 Every
page of the same questionnaire (and accompanying checklist, where used) should
be given the same number so that if pages of a completed questionnaire (and
checklist, where used) become detached, they can be identified.
64.4 Step 4 -
Completing the Questionnaire (and checklist where used) -
64.4.1 Responses
to the questionnaire (and checklist where used) should relate to recurring
activities which an employee is competent in and is expected to carry out. Activities which are carried out infrequently
or at unpredictable times should be included as long as they are recurring
activities which an employee is competent in and is expected to carry out
during a normal twelve-month production cycle.
64.4.2 Activities
which an employee has been called on to carry out only from time to time,
because of extraordinary production requirements, would not be included. In
this case, where employees are called on to exercise high level skills, they
would be paid in accordance with clause 19, Mixed Functions.
64.4.3 For
example, an employee called on to carry out the activities of another employee
because that employee is temporarily absent for a short period of time would not
include these activities in their responses to the questionnaire (and checklist
where used).
64.4.4 However,
if it is part of an employee's specific duties to relieve in the case of
absence of other employees, as is the case for utility machinists, then those
activities should be included.
64.4.5 Periods
of training are not to be regarded as part of an employee's usual work.
64.4.6 Arrange
for the questionnaire (and checklist where used) to be completed by each
worker, in manageable groups, during working hours in the manner agreed by the
committee, e.g., in section/work area, language group.
64.4.7 At
least one Union and one employer representative of the committee, with the help
of interpreters if necessary, will act as facilitators for each group and the
facilitators shall explain the questionnaire (and checklist where used) and how
to fill it out.
64.4.8 They
will answer questions about the questionnaire (and checklist where used) and
ensure that all of the relevant questions have been answered. The role of
facilitators is to clarify the meaning of questions to enable employees to make
their own responses.
64.4.9 An
employee may request a supervisor to complete the checklist (where used) on
behalf of the employee.
64.4.10 Facilitators
should pay particular attention to filling in the name of the worker, the job
title and the wage band number on the skill allocation form.
64.4.11 Facilitators
should answer any question about what happens next.
64.5 Step 5 -
Allocating Skill Levels - The committee shall meet and perform the following
procedures:
64.5.1 Ensure
a committee secretary is present and has a skill level allocation form for each
worker.
64.5.2 Ensure
that each member has a copy of the completed questionnaire (and checklist where
used) for each worker in the same order and a copy of the skill based
classification structure.
64.5.3 The
committee shall then call in supervisors to endorse the employee responses to
the questionnaire (and checklist where used).
64.5.4 Where
supervisors disagree with certain responses they shall give their reasons for
such differences and these shall be discussed with the employee concerned, with
the assistance of an interpreter if necessary.
The committee may seek any other information in an attempt to determine
whether the disputed responses are acceptable and may view the employee at the
employee’s work station. Where the
committee cannot make a decision, the employee's responses must be accepted.
64.5.5 For each worker:
(1) Determine the minimum
skill level of the worker by comparing the employee’s wage band with the
minimum skill level table appearing below. For example, a worker in wage band
2B will have a minimum skill level of Skill Level 2.
64.5.6 Minimum
Skill Level Table
Wage Band
|
Skill Level
|
1A
|
1
|
1B
|
1
|
2A
|
2
|
2B
|
2
|
3A
|
3
|
3B
|
3
|
4
|
4
|
5*
|
5
|
*Wage Band
|
|
64.5.7 Review
the completed questionnaire (and checklist where used) for the worker.
64.5.8 Where a
worker's questionnaire (and checklist where used) question/s are not answered
clearly and members of a committee require clarification of an employee's
response this should be sought from the employee and, if necessary, the
employee’s supervisor.
64.5.9 Compare
the completed questionnaire (and checklist where used) with the skill level
above the minimum skill level for the worker.
64.5.10 If the worker cannot be allocated to the skill level above
the employee’s minimum skill level then the employee remains on the employee’s
minimum skill level.
64.5.11 If the
worker can be allocated to the skill level above the employee’s minimum skill
level then compare the completed questionnaire (and checklist where used) with
the next skill level and so on until the worker can be allocated.
64.5.12 The skill level allocated is the highest level in which the
employee satisfies all the necessary requirements.
64.5.13 The committee secretary should record the skill level and
key reasons for the decision on the skill allocation form.
64.5.14 The questionnaires (and checklists where used) and the skill
level allocation forms should be kept in a safe place and be available for any
subsequent review processes.
64.6 Step 6 - Where
consensus on the appropriate skill level is reached -
64.6.1 Notify
management and the worker of the recommended skill level.
64.6.2 If
both the management and worker accept the recommendation it becomes the
confirmed skill level and shall remain so until at least the expiry of the
transition period.
64.7 Step 7 - Where
consensus on the appropriate skill level cannot be reached or where it is
reached but the recommendation is not acceptable to management and/or the
worker -
64.7.1 The
committee will meet with management and the worker separately. It will then
review its decision, taking into consideration the additional information it
has obtained and attempt to reach a consensus, which will be notified to
management and the workers.
64.7.2 If
consensus still cannot be reached within the committee or its recommendation is
still not acceptable to management and/or the worker, the matter shall be
referred to senior management and a Union official who shall endeavour to reach
agreement.
65. Schedule E -
Procedure to be Adopted in Developing an Enterprise
Bargaining Agreement
The procedures to be followed in developing an enterprise
bargaining agreement are as follows:
65.1 Step One - The
party raising a measure or measures for consideration shall place the matter on
the agenda of a forthcoming meeting of the Consultative Committee.
65.2 Step Two - The
party raising the measure or measures for consideration shall outline the
proposal at a meeting of the Consultative Committee and the outline shall be
recorded in the minutes of the meeting. The party receiving the proposal shall
not be required to respond to the proposal at that meeting. At the same time a
written outline of the proposal shall be forwarded to the Secretary of the
Union.
65.3 Step Three - The
Consultative Committee shall post the proposal on the noticeboards. They shall endeavour to express the proposal
in a manner that enables the proposal to be understood by the workforce. In
particular, where there are a number of non-English speaking workers the
Consultative Committee shall consider having the proposal translated into the
main languages spoken in the workplace so that all employees fully understand
the proposal.
65.4 Step Four - The
Union/employee Consultative Committee representatives shall be granted one
day's leave with pay to attend a briefing session conducted by the union to
equip them to negotiate each enterprise bargaining agreement with the employer.
Where an employee has used the employee’s full entitlement to Trade Union
Training Leave in accordance with clause 22, Trade Union Training Leave, the
one day's leave shall be in addition to the employee’s entitlement.
65.5 Step Five - The
Union/employee Consultative Committee representatives and the relevant official
of the Union shall consult with the whole of the workforce or section of the
workforce affected by the proposal. An
employer shall grant the whole of the workforce reasonable time off with pay to
attend a meeting conducted by the union/employee representatives and the
relevant official of the Union for the purpose of consultation. In the case of
a workplace where there are a number of non-English speaking workers the
employer shall favourably consider a request from the Union/employee
Consultative Committee representatives or the relevant official of the Union
for the engagement of interpreter/s to assist in the meeting so that
non-English speaking workers fully understand the proposal. In such cases,
reasonable time to conduct the meeting will be longer than in the case where an
interpreter/s is not used.
65.6 Step Six - The
Consultative Committee shall then consider the proposal and the views of the
workforce and attempt to reach an enterprise bargaining agreement. As
necessary, the employee/Union Consultative Committee representatives will refer
the draft to the workforce for comment.
65.7 Step Seven - If
the Consultative Committee reaches agreement it shall record the agreement in
writing and forward it to the Secretary of the Union who shall arrange with the
employer to jointly conduct a vote of the workforce affected.
65.8 Step Eight - In
the case of a proposal which does not affect the provisions of the award, if a
majority of the workforce affected are in favour of the proposal, the proposal
shall be forwarded as a recommendation to senior management.
65.8.1 In the case of a
proposal which does affect the provisions of the award, if 75% of the workforce affected are in favour of the proposal, the
proposal shall be forwarded as a recommendation to senior management.
65.9 Step Nine - If
the recommendation is accepted then senior management shall refer the proposed
agreement in writing to the Secretary of the Union for approval or otherwise.
The union shall not unreasonably withhold agreement.
65.10 Step Ten - If the
proposed agreement in writing is approved by the Secretary of the Union, then
it shall be signed by senior management and the Secretary of the Union.
65.11 Step Eleven - The
agreement shall then be submitted to the Industrial Relations Commission of New
South Wales for approval.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Clause 6 - Rates of Pay
Skill Level
|
Award Rate
|
Award Rate
|
|
from the beginning
of the first pay period to commence on or after
|
from the beginning
of the first pay period to commence on or after
|
|
16 December 2012
|
1 July 2013
|
|
$
|
$
|
Trainee
|
606.40*
|
As per the Textile, Clothing, Footwear and associated
Industries Award 2010
|
|
|
(MA000017) an award of the Fair Work Commission
|
1
|
624.00
|
As per the Textile, Clothing, Footwear and associated
Industries Award 2010
|
|
|
(MA000017) an award of the Fair Work Commission
|
2
|
648.00
|
As per the Textile, Clothing, Footwear and associated
Industries Award 2010
|
|
|
(MA000017) an award of the Fair Work Commission
|
3
|
670.20
|
As per the Textile, Clothing, Footwear and associated
Industries Award 2010
|
|
|
(MA000017) an award of the Fair Work Commission
|
4
|
706.10
|
As per the Textile, Clothing, Footwear and associated
Industries Award 2010
|
|
|
(MA000017) an award of the Fair Work Commission
|
5#
|
750.40**
|
As per the Textile, Clothing, Footwear and associated
Industries Award 2010
|
|
|
(MA000017) an award of the Fair Work Commission
|
*
|
Calculation for minute pay rate for PBR purposes
|
**
|
Note yet determined as to relativity
|
#
|
Not a skill level
|
Table 2 - Other Rates and Allowances
Allowances payable from the beginning of
the first pay period to commence on or after 16 December 2010.
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
Amount
|
|
|
|
from the beginning
of
|
from the beginning
of
|
|
|
|
the first pay
period
|
the first pay
period
|
|
|
|
to commence on
|
to commence on
|
|
|
|
or after 16 Dec.
2012
|
or after 1 July
2013
|
|
|
|
$
|
$
|
1
|
6.6.1
|
Head of table or bench of machines, in charge of four or
more
|
|
As per row 1 of the table in clause 25.1 of the Textile,
|
|
|
persons - above appropriate machinist rate
|
19.06
|
Clothing, Footwear
and Associated Industries Award
|
|
|
|
|
2010
(MA000017) an award of the Fair Work
|
|
|
|
|
Commission
|
2
|
6.6.2
|
Head of table or bench of machines, in charge of four or
more
|
|
As per row 2 of the table in clause 25.1 of the Textile,
|
|
|
persons - above appropriate machinist
|
|
Clothing, Footwear
and Associated Industries Award
|
|
|
|
13.77
|
2010
(MA000017) an award of the Fair Work
|
|
|
|
|
Commission
|
3
|
17.1
|
Meal Money
|
11.26
|
As per clause 24.4 of
|
|
|
|
|
the Textile,
|
|
|
|
|
Clothing and
|
|
|
|
|
Associated Industries
|
|
|
|
|
Award 2010
|
|
|
|
|
(MA000017) an award
|
|
|
|
|
of the Fair Work
|
|
|
|
|
Commission
|
4
|
46.1
|
Disability allowances - Inadequate dining facilities
|
4.59
|
As per clause 25.2 of the Textile, Clothing, Footwear
|
|
|
|
|
and
Associated Industries Award 2010(MA000017)
|
|
|
|
|
an
award of the Fair Work Commission
|
5
|
46.2
|
Disability Allowances - Inadequate rest facilities
|
4.59
|
As per clause 25.3 of the Textile, Clothing, Footwear
|
|
|
|
|
and Associated Industries Award 2010 (MA000017)
|
|
|
|
|
an
award of the Fair Work Commission
|
Clothing Trades (State) Industrial Committee
Industries and Callings
All persons engaged in -
(a) making and/or
repairing and/or altering the whole or any part of any male or female garment or
of any article of wearing apparel whatsoever, made from material of any
description, including all articles of neckwear and excluding only boots,
shoes, slippers, gloves and headwear, except as provided in (b);
(b) making and/or trimming and/or blocking and/or repairing
and/or altering and/or remodelling all articles of women's and girls' headwear,
excepting male employees engaged in blocking by hand or machines;
(c) making and/or repairing and/or altering any description of
umbrella other than canvas umbrellas;
(d) making and/or
repairing and/or altering any description of handkerchiefs, serviettes,
pillowslips, pillowshams, sheets, tablecloths,
towels, quilts, aprons, mosquito nets, bed valances, or bed curtains;
(e) embroidering or
otherwise ornamenting any of the abovementioned articles, including the making
and/or manufacturing of such ornamentations as are made of textiles, felts or
similar fabrics;
(f) in or in connection with the manufacture of artificial
flowers;
(g) making and/or altering and/or remodelling and/or repairing
of all types of garments or articles, other than toys, made in the
establishment of a furrier;
(h) the making of chenille and the making and/or repairing
and/or altering of articles of all descriptions as are made of chenille;
in the State of New South
Wales, excluding the County of Yancowinna;
excepting employees employed in the making and/or
repairing of furnishing drapery and/or quilts in a furniture or furnishing
drapery factory or establishment, including retail store or warehouse;
and excepting employees within
the jurisdiction of the Rubber Workers (State), the Plastic Moulding (State)
and the Textile Workers (State) Industrial Committees.
P. M. KITE , Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.