ENGINE DRIVERS GENERAL (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices of Award Reviews pursuant to Section
19 of the Industrial Relations Act
1996.
(Nos. IRC 2116,
2118 and 2122 of 2000)
Before the Honourable Justice Kavanagh |
23 May 2001 |
REVIEWED AWARD
PART A
1. TITLE
This award shall be known as the Engine Drivers General
(State) Award
2. ARRANGEMENT
PART A
Clause Number
|
Clause Title
|
Clause
Number
|
Clause Title
|
1
|
Title
|
21
|
Overtime
|
2
|
Arrangement
|
22
|
Meal Intervals
|
3
|
Anti-Discrimination
|
23
|
Meal Intervals during Overtime
|
4
|
Definitions
|
24
|
Work on Sunday and Public
Holidays
|
5
|
Rates of Pay
|
25
|
Mixed Functions
|
6
|
Special Rates
|
26
|
Public Holidays
|
7
|
Travelling and Camping Allowance
|
27
|
Sick Leave
|
8
|
Extra Rates not Cumulative
|
28
|
Personal/Carer's Leave
|
9
|
Payment of Wages
|
29
|
Bereavement Leave
|
10
|
Employer Records
|
30
|
Jury Service
|
11
|
Training
|
31
|
Annual Leave
|
12
|
Structural Efficiency
|
32
|
Long Service Leave
|
13
|
Enterprise Agreements
|
33
|
Dispute Settlement Procedure
|
14
|
Contract of Employment
|
34
|
Right of Entry
|
15
|
Junior Labour
|
35
|
Union Delegate
|
16
|
Part Time Employment
|
36
|
Miscellaneous
|
17
|
Casual Labour
|
37
|
Superannuation
|
18
|
Hours - Other than Shift Work
|
38
|
Redundancy and Technological
Change
|
19
|
Shift Work
|
39
|
Exemptions
|
20
|
Implementation of 38 Hour Week
|
40
|
Area Incidence and Duration
|
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Table 2 - Other Rates
and Allowances
3. ANTI-DISCRIMINATION
3.1 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 and age.
3.2 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.
3.3 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.
3.4 Nothing in
this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21
years of age;
(c) any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;a party to this award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
3.5 This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
NOTES
(a) Employers and employees may also be subject to Commonwealth
anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination
Act 1977 provides:
"Nothing in the Act affects
... any other act or practice of a body established to propagate religion that
conforms to the doctrines of that religion or is necessary to avoid injury to
the religious susceptibilities of the adherents of that religion."
4. DEFINITIONS
In this award except where otherwise clearly intended:
4.1 "Electric
motor attendant" means a person who attends to an electric motor or
motors of 20 kilowatts or more in the aggregate, and performs any duties of
oiling or cleaning or attending to commutators, brushes, fuses, or switches.
4.2 "Engine
driver" means any person who operates or drives any engine or engines,
the motive power of which is either steam, gas, oil, water, compressed air, or
electricity, and includes any person who is called upon in the ordinary course
of their duty to do engine driver's work other than simply stopping or starting
an engine under the supervision of an engine driver.
4.3 "Engine driver in charge of plant"
means -
(a) when two or more drivers are employed at
the plant at one time the engine driver who is invested with the
superintendence and responsibility or who has to accept the superintendence and
responsibility; or
(b) an engine driver who is invested with
the superintendence and responsibility or who has to accept the superintendence
and responsibility over one or more non-certificated firemen; or
(c) when the employee is the only person of
their class employed on the plant the engine driver who does the general repair
work of the plant in addition to the work of engine driving, but not when the
employee merely assists a fitter or engineer to do such work; or
(d) where shifts are worked the engine driver
who is directed to carry out the general repair work of the plant in addition
to the work of engine driving but not when the employee merely assists a fitter
or engineer to do such work.
4.4 "Boiler
attendant or fireman - first class" means a boiler attendant or
fireman who attends to two or more boilers or two or more suction gas
generators, or one boiler the evaporation capacity of which, attributed thereto
by the maker exceeds 5.44 but less than 45.36 tonnes of steam per hour, or one
gas generator supplying a total engine load capacity, attributed thereto by the
maker, of not less than 746 Kw, and includes the boiler attendant or fireman of
a steam navvy or excavator.
4.5 "Fireman
or greaser in charge of plant" means a fireman or greaser who is the only
person of their class employed on the plant and who does the general repair
work of the plant in addition to the work of firing or greasing, but not when
assisting a fitter, engine driver or engineer to do such work of a greaser
assisting fireman to do such work.
4.6 "Greaser
or oiler" shall mean and include any person substantially engaged in
greasing or oiling any engine, machinery or shafting.
4.7 "Greaser
or oiler - first class" means a greaser or oiler who under the
supervision of the engine driver stops or starts an engine or engines, but does
not include any greaser or oiler who does so only in cases of necessity or
emergency.
4.8 "Leading boiler attendant or fireman - first class" means -
(a) the boiler attendant or fireman employed
at a plant where three or more firemen are employed at the same time who is
invested with the superintendence and responsibility or who has to accept the
superintendence and responsibility but does not include any boiler attendant or
fireman where an engine driver is charged with being in charge of plant in
accordance with paragraph 4.3(b) of this clause;
(b) the boiler attendant or fireman employed
at a plant where three or more boiler attendants or firemen are employed at the
same time whose duty it is to attend to the water of boilers that are fired by
two or more of the other boiler attendants or firemen;
4.9 "Leading boiler attendant or fireman -
second class" means -
(a) the boiler attendant or fireman employed
at a plant where two boiler attendants or firemen are employed at the same time
who is invested with the superintendence and responsibility or who has to
accept the superintendence and responsibility but does not include any boiler
attendant or fireman where an engine driver is charged with being in charge of
plant in accordance with subclause 2.3(b);
(b) the boiler attendant or fireman employed
at a plant where two boiler attendants or firemen are employed at the same time
and whose duty it is to attend to the water of the boilers that are fired by
the other fireman.
4.10 "Special
class boiler attendant or fireman" means a boiler attendant or fireman
in charge of boilers with an evaporation capacity of 45.36 tonnes or more per
hour.
4.11 "Lofty
crane - first class" means a lofty crane on a building in the course
of erection or demolition where the driving platform is more than 30.48 metres
above the ground.
4.12 "Lofty
crane - second class" means a lofty crane on a building in the course of
erection or demolition where the driving platform is from 6.096 to 30.48 metres
above the ground.
4.13 "Lofty
crane - third class" means a lofty crane outside buildings not in the
course of erection where the driving platform is more than 6.096 metres from
the level of the ground, but does not include an overhead traverser crane.
4.14 "Steam
engine - first class" means a turbine or an engine or engines having a
single cylinder with a bore of 0.304 8 metres in diameter or over, or having
singly or together two or more cylinders the sum of the area of whose bores
equals or exceeds the area of a circle 0.304 8 metres in diameter.
4.15 "Steam
engine - second class" means an engine or engines having a single
cylinder with a bore less than 0.304 8 metres in diameter or having singly or
together two or more cylinders the sum of the area of whose bores is less than
the area of a circle 0.304 8 metres in diameter.
4.16 "Year" means a year
commencing 1 January.
4.17 "Continuous
Work" means work carried on with consecutive shifts of men throughout
the twenty-four hours of each of at least six consecutive days without
interruption except during breakdowns or meal breaks or due to unavoidable
causes beyond the control of the employer.
5. RATES OF PAY
5.1 Subject to the exceptions and exemptions
prescribed in this clause, an adult employee in a classification or class of
work specified in the table set out in paragraph (ii) of this subclause shall
be paid at the respective award wage rate per week assigned to that
classification or class of work set out in Table 1 - Rates of Pay, of Part B,
Monetary Rates.
Classifications
|
Level
|
(a) Stationary
Engine Drivers -
|
|
Steam Engines:
|
|
|
|
|
11B
|
First
class with condenser
|
11A(ii)
|
Second
class
|
11C
|
Second
class with condenser
|
11B
|
Suction
gas and other internal combustion
|
|
engine
under 35 kW brake power
|
|
35 kW
brake power or over, but under
|
|
180 kW
brake power
|
11C
|
180 kW
brake power and over
|
11A
|
|
|
|
|
|
|
|
11B
|
on
motors 70 kW power up to 180 kW power
|
12C
|
on
motors under 70 kW power
|
13A
|
Where an
employee attends two or more motors, the employee shall be paid at a rate
calculated on the aggregate power of such motors.
(b) Locomotive
Engine Drivers:
|
|
If
persons other than train crew are sometimes
|
|
or always
carried
|
11A(ii)
|
|
11A
|
(c) Winch
Drivers:
|
|
|
If
winches on power-house construction
|
11C
|
|
Others
|
12B
|
|
(d) Crane
Drivers:
|
|
|
Lofty
Cranes -
|
|
|
First
class
|
11A(ii)
|
|
Second
class
|
11A(ii)
|
|
Third
class
|
11B
|
|
Cantilever
cranes
|
11A
|
|
Cranes
transporting molten metal in foundries
|
11A
|
|
Other
steam travelling cranes
|
11B
|
|
Other
steam cranes
|
11C
|
|
Grab cranes
|
11B
|
|
Electric cranes not elsewhere included -
|
|
|
|
|
|
Four motions and over
|
|
|
Overhead traverser with auxiliary hoist
|
|
|
Traverser with jib hoist
|
|
|
Two or three motions
|
11C
|
|
Overhead traverser
|
|
|
Stationary jib
|
|
|
Stationary jib hoist
|
|
|
Traverser jib
|
|
|
Hydraulic stationary jib cranes
|
12C
|
|
Cranes and hoist not elsewhere included
|
12D
|
|
|
|
|
|
|
Forklifts -
Lifting capacity up to 5,000 kilograms
|
11B
|
Lifting capacity in excess of 5,000 kilograms
|
11A
|
|
|
Mobile cranes - Lifting capacity -
|
|
|
|
Up to 5 tonnes
|
11B
|
over 5 tonnes and not exceeding 10 tonnes
|
11A
|
over 10 tonnes and not exceeding 20 tonnes
|
11A(ii)
|
over 20 tonnes and not exceeding 40 tonnes
|
10C
|
over 40 tonnes and not exceeding 80 tonnes
|
10A
|
over 80 tonnes and not exceeding 100 tonnes
|
10A
|
over 100 tonnes and not exceeding 140 tonnes
|
9C
|
over 140 tonnes and not exceeding 180 tonnes
|
9B
|
over 180 tonnes and not exceeding 220 tonnes
|
8
|
over 220 tonnes
|
7
|
Where two or more forklifts or cranes are engaged on any one lift, the
drivers thereof shall be paid an additional amount at the rate per day as set
out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, for each day so occupied.
Mobile Hydraulic Platform
|
11A
|
(e) Traction Engine
Drivers:
|
|
|
|
|
12C
|
Internal
combustion traction motor
|
12C
|
Tow
motors
|
12D
|
(f) Boiler Attendants (Firemen):
Boiler attendant
(fireman) 12C
Boiler attendant
(fireman first class) 12A
Leading boiler
attendant or fireman first class 11B
Leading boiler
attendant or fireman second class 11C
Special class
boiler attendant or fireman 11B
Locomotive
fireman 12C
(g) Greasers, etc.:
Greaser or oiler 13A
Greaser or oiler
- first class 12C
Trimmer 13B
Fuel man 13B
Engine cleaner 13B
Boiler cleaner 13B
Provided that any person engaged
inside the gas or water space of any boiler, flu or economiser in cleaning or
scraping work shall, whilst so employed, be paid an amount as set out in Item 2
of the said Table 2 per hour in addition to their /her ordinary or overtime
rate of pay.
(h) Mechanical Plant Drivers or Operators:
Group 1 12B
Group 2 11C
Group 3 11B
Group 4 11A(ii)
Group 5 11A(ii)
Group 6 10B
Index to Groups
Group 1
• Pneumatic tyred tractor
not using power operated attachments 35 kW brake power and under.
Group 2
• Pneumatic tyred tractor
not using power operated attachments over 35 kW power up to 70 kW brake power.
• Crawler tractor not using
power operated attachments up to and including Class 3.
• Pneumatic tyred tractor
using power operated attachments up to 35 kW brake power.
• Crawler tractor using
power operated attachments up to and including Class 2.
• Road roller powered
vibrating under 4 tonnes.
• Road roller powered under
8 tonnes.
• Second driver - navvy and
dragline or dredge type excavation.
• Pile driving machine.
Group 3
• Pneumatic tyred tractor
not using power operated attachments over 70 kW and up to 110 kW brake power.
• Pneumatic tyred tractor
using power operated attachments over 35 kW and up to 70 kW brake power.
• Crawler tractor not using
power operated attachments Class 3 and 4.
• Road roller, powered 8
tonnes and over.
• Road roller, powered
vibrating 4 tonnes and over.
• Loaders up to and
including 0.75 cubic metres.
Group 4
• Pneumatic tyred tractor
using power operated attachments over 70 kW and up to 110 kW brake power.
• Crawler tractor not using
power operated attachments above Class 5.
• Crawler tractor using
power operated attachments Class 5 and 6.
• Excavator up to and
including 0.5 cubic metre capacity.
• Grader, power operated
below 35 kW brake power.
• Loaders, front end or
overhead, 0.75 cubic metre up to and including 2.25 cubic metres.
Group 5
• Pneumatic tyred tractor
using power operated attachments in excess of 110 kW brake power.
• Crawler tractor using
power operated attachments Class 7 and 8.
• Excavator up to and
including 0.5 cubic metre capacity.
• Grader, power operated
below 35 kW brake power.
• Loaders, front end and
overhead, 2.25 cubic metres up to and including 4.5 cubic metres.
Group 6
• Crawler tractor using
power operated attachments Class 9.
• Excavator 2.5 cubic
metres.
• Grader power operated over
70 kW brake horsepower.
• Loaders, front end or
overhead, 4.5 cubic metre capacity.
NOTE: Crawler
tractors are classified in accordance with Australian Standard D4-1964
"Classification of Crawler Tractor by Weight" as follows:
Class Shipping
Weight Tonnes
1 up to
1.36
2 over
1.36 up to 2.72
3 over
2.72 up to 4.54
4 over
4.54 up to 6.80
5 over
6.80 up to 11.34
6 over
11.34 up to 18.14
7 over
18.14 up to 27.22
8 over
27.22 up to 36.29
9 over
36.29
5.2 Special Work - A driver operating a tractor
fitted with a blade and using such blade in breaking trail in heavy sidling
country shall be paid an additional allowance as set out in Item 3 of Table 2.
5.3 Additions to Wages - An engine driver or
fireman engaged as specified below shall be paid the additional amounts per
week as set out in Table 2:
(a) Attending to refrigerating compressors -
Attending to
electric generator or dynamo
exceeding 10
kilowatt capacity
In charge of
plant (other than at Gordon
Edgell Pty Ltd
and International Canners Pty Ltd
Provided further that an engine
driver employed by Gordon Edgell Pty Ltd and International Canners Pty Ltd
required to do repairs, shall be paid not less than the rate for classification
Level 9C.
Provided that, except as to
dragline excavators and tractors, these additional rates shall not be
cumulative to the extent of increasing the minimum rate of an employee above
classification Level 9C.
And provided further, that an
engine driver attending a refrigeration compressor or compressors shall be paid
a total minimum rate (other than Yallourn) of not less than the undermentioned
classifications:
Where the
capacity is 88 kW or less 10B
Where the
capacity is over 88 kW 10A
(b) Attending to switchboard where the
generating capacity is 350 kW or over, as set out in Item 5 of Table 2.
(c) Ship Repairing - Employees engaged on
ship repairing shall be paid an additional amount as set out in Item 6 of Table
2.
6. SPECIAL RATES
6.1 Boiler Cleaning - Any person engaged inside
the gas or water space of any boiler, flue or economizer, in cleaning or
scraping work shall, whilst so employed be paid an amount as set in Item 2 of
Table 2, in addition to their ordinary or overtime rate of pay.
6.2 Cold Places - An employee working more
than one hour in places where the temperature is reduced by artificial means
below 0 degrees C shall be paid an amount as set in Item 7 of Table 2. Where
work continues for more than two hours such employee shall be entitled to a
rest period of twenty minutes every two hours without loss of pay.
6.3 Wet Places - An employee required to
work in such a place as would render them liable to become wet shall be paid an
amount as set in Item 8 of Table 2, extra for all such time worked unless
protective clothing is provided in accordance with clause 36.4 (Protective
Clothing).
6.4 Work which a foreman and workman shall
agree is of an unusually dirty or offensive nature - an amount as set in Item
11 of Table 2. In the case of disagreement between the foreman and workman, the
workman or a shop steward on their behalf shall be entitled, within 24 hours to
ask for a decision on the workman's claim by the employer's industrial officer
(if there be one), or otherwise by the employer or the executive officer responsible
for the management or superintendence of the plant concerned. In such case a
decision shall be given on the workman's claim within 48 hours of its being
asked for (unless that time expires on a non-working day, in which case it
shall be given during the next working day), or else the said allowance shall
be paid. Any dispute arising under this subclause as to whether the work is of
an unusually dirty or offensive nature shall be determined by the appropriate
Industrial Committee.
6.5
(a) Construction Allowance - Australian Iron
and Steel Project Port Kembla - Employees of contractors bound by this award
engaged on construction site (in existence on 20 October 1971), of Australian
Iron and Steel Proprietary Limited at Port Kembla and Commonwealth Steel
Company Limited at Unanderra shall be paid an amount as set in Item 9 of Table
2. This payment shall be made in compensation for the particular disabilities
experienced on these sites.
(b) An employee in receipt of the
construction allowance prescribed by paragraph (a) of this subclause shall not
be entitled to any of the other special rates prescribed by this clause.
(c) The construction allowance prescribed by
paragraph (a) of this subclause shall be paid for all purposes of the award.
6.6 Employees of Quarries Pty Ltd engaged in
the operation of mechanical shovels to dig and load blast furnace slag at No. 4
Blast Furnace and No. 21 Dump, Australian Iron and Steel Pty Ltd, Port Kembla,
shall be paid an amount as set in Item 10 of Table 2, whilst so engaged.
7. TRAVELLING AND CAMPING
ALLOWANCES
Employees shall be allowed the same conditions as to fares,
travelling time, travelling allowances, country work, camping allowances, as
are prescribed by award, determination or industrial agreement - Commonwealth
or State - for the general body of employees of the industry in which they are
employed.
8. EXTRA RATES NOT
CUMULATIVE
Extra rates prescribed, except the rates prescribed in 24.1,
Sunday and Holiday Work, or work done on public holidays, are not cumulative to
exceed the maximum of double the ordinary rates.
9. PAYMENT OF WAGES
Wages shall be paid as follows:
9.1 In the case of an employee whose
ordinary hours of work are arranged in accordance with 20.2 (a) or (b], so that
the employee works 38 ordinary hours each week, wages shall be paid weekly or
fortnightly according to the actual ordinary hours worked each week or
fortnight.
9.2 Subject to subclauses 9.3 and 9.4 of
this clause, in the case of an employee whose ordinary hours of work are
arranged in accordance with clause 30.2(c) or (d), so that the employee works
an average of 38 ordinary hours each week during a particular work cycle, wages
shall be paid weekly or fortnightly according to a weekly average of ordinary
hours worked even though more or less than 38 ordinary hours may be worked in
any particular week of the work cycle.
9.3 Special Note
- Explanation of Averaging System
(a) As provided in 9.2 an employee whose ordinary
hours may be more or less than 38 in any particular week of a work cycle, is to
be paid their wages on the basis of an average of 38 ordinary hours so as to
avoid fluctuating wage payments each week. An explanation of the averaging
system of paying wages is set out below:
(i) 20.2 (c) and (d) provides that in
implementing a 38-hour week the ordinary hours of an employee may be arranged
so that the employee is entitled to a day off, on a fixed day or rostered day
basis, during each work cycle. It is in these circumstances that the averaging
system would apply.
(ii) If the 38-hour week is to be implemented
so as to give an employee a day off in each 28 day cycle this would be achieved
if the employee's ordinary hours were arranged on the basis that:
(1) for three of the four weeks the employee
works eight hours per day each day Monday to Friday a total of 40 ordinary
hours each week; and
(2) in the fourth week the employee works
eight hours per day four days between Monday and Friday, a total of 32 ordinary
hours in the week.
(iii) The weekly wage rates for ordinary hours
of work shall be the average weekly rates set out for the employee's
classification in clause 10, Hours - Other than Shift Work. This amount shall
be paid each week even though more or less than 38 ordinary hours are worked
that week. In effect the employee accrues a "credit" each day the
employee works actual ordinary hours in excess of the daily average which would
otherwise be 7 hours 36 minutes.
This
"credit" is carried forward so that in the week of the cycle that the
employee works on only four days, their actual pay would be for an average of
38 ordinary hours even though, that week, the employee works a total of 32
ordinary hours. Consequently, for each day an employee works 8 ordinary hours
the employee accrues a "credit" of 24 minutes (0.4 hours). The
maximum "credit" the employee may accrue under this system is 0.4
hours on 19 days; that is, a total of 7 hours and 36 minutes.
(iv) As provided in subclause (iii) of this
clause, an employee will not accrue a "credit" for each day the
employee is absent from duty other than on annual leave, long service leave,
public holidays, paid sick leave, workers' compensation, bereavement leave or
jury service.
When an
employee is absent from duty because of annual leave, long service leave,
public holidays, paid sick leave, workers' compensation, bereavement leave or
jury service, their entitlement is determined in accordance with the
appropriate award provision dealing with such entitlements.
9.4 Absences
from Duty
(a) An employee whose ordinary hours are
arranged in accordance with clause 20.2 (c) or (d) and who is paid wages in
accordance with subclause (ii) of this clause and is absent from duty (other
than on annual leave, long service leave, public holidays, paid sick leave,
workers' compensation, bereavement leave or jury service) shall, for each day
the employee is so absent, lose average pay for that day calculated by dividing
this average weekly wage rate by 5. An employee who is so absent from duty for
part of a day shall lose average pay for each hour the employee is absent by
dividing their average daily pay rate by 8.
(b) Provided, when such an employee is
absent from duty for a whole day the employee will not accrue a
"credit" because the employee would not have worked ordinary hours
that day in excess of 7 hours 36 minutes for which the employee would otherwise
have been paid. Consequently, during the week of the work cycle the employee is
to work less than 38 ordinary hours the employee will not be entitled to
average pay for that week. In that week, the average pay will be reduced by the
amount of the "credit" the employee does not accrue for each whole
day during the work cycle the employee is absent.
(c) The amount by which an employee's
average weekly pay will be reduced when the employee is absent from duty (other
than on annual leave, long service leave, public holidays, paid sick leave,
workers' compensation, bereavement leave or jury service) is to be calculated
as follows:
Total of "credits" not
accrued x average weekly pay during cycle
38
Examples: (An employee's ordinary
hours are arranged so that the employee works 8 ordinary hours on five days of
each week for 3 weeks and 8 ordinary hours on four days of the fourth week).
Example 1 Employee takes one day off without
authorisation in first week of cycle.
Week of Cycle Payment
1st week average
weekly pay less one day's pay (i.e. less 1/5).
2nd and 3rd week
average
weekly pay each week.
4th week average
pay less credit not accrued on day of absence calculated as follows
average pay less
0.4 hours x average weekly pay.
38
Example 2.
An Employee takes each of the 4 days off without authorisation in the 4th week.
Week of Cycle Payment
1st, 2nd and 3rd
weeks average pay
each week.
4th week average
pay less 4/5ths of average pay for the four days absent than less total of
credits not accrued that week.
1/5 average pay
less 4 x 0.4 hours x average weekly pay
38
1/5 average pay
less 1.6 hours x average weekly pay
38
9.5 Wages to be paid
during working hours
Subject to subclause 9.6 where the
majority of employees in a particular establishment are employed under the
terms of this award, wages shall be paid during ordinary working hours and if
an employee is kept waiting for their wages on pay day after the usual time for
ceasing work, the employee shall be paid at overtime rates for the period the
employee is kept waiting. Where the majority of employees in a particular
establishment are not employed under the terms of this award, an employee kept
waiting for their wages on pay day for more than six minutes after the usual
time for ceasing work shall be paid at overtime rates after the six minutes.
9.6 Day off
coinciding with Pay Day
In the event that an employee, by
virtue of the arrangement of their ordinary working hours, is to take a day off
on a day, which coincides with pay day, such employee shall be paid no later
than the working day immediately following pay day. Provided that, where the
employer is able to make suitable arrangements, wages may be paid on the
working day preceding pay day.
9.7 Payment by
Cheque or Electronic Transfer
Where an employer and employee
agree, the employee may be paid their /her wages by cheque or direct transfer
into the employee's bank (or other recognised financial institution) account.
Notwithstanding this provision, if the employer and the majority of employees
agree, all employees may be paid their wages by cheque or direct transfer into
an employee's bank (or other recognised financial institution) account,
provided that in the case of employees paid by cheque, the employer shall, on
pay day, if it is required by the employee, have a facility available during
ordinary hours for the "encashment" of the cheque.
9.8 Payment during
first week of employment
On the first pay day occurring
during their employment, an employee shall be paid whatever wages are due to
them up to the completion of their work on the previous day: Provided that this
subclause shall not apply to employees who make a practice of allowing advances
approximating wages due.
9.9 Termination
of Employment
Upon termination of the employment
wages due to an employee shall be paid to them on the day of such termination
or forwarded to them by post on the next working day.
9.10 Provided that in the case of an employee
whose ordinary hours are arranged in accordance with 20.2(c) and (d) and who is
paid average pay and who has not taken the day off due to them during the work
cycle in which their employment is terminated, the wages due to that employee
shall include the total of credits accrued during the work cycle as detailed in
7.3.
9.11 Details of
payments to be given.
Section 123 of the Act which
requires that when an employer pays remuneration to an employee, the employer
must supply the employee with written particulars regarding the payment shall
read as a provision of this award.
9.12 Calculation
of Hourly Rate
Except as provided in 9.2 hourly
rates shall be calculated by dividing the appropriate weekly rate by 38.
10. EMPLOYER RECORDS
Section 129 the Act which requires that an employer must
ensure that certain records are kept in relation to employees of the employer
shall be read as a provision of this Award
11. TRAINING
1.1 The parties to this award recognise that
in order to increase the efficiency, productivity and international
competitiveness of industry, a greater commitment to training and skill
development is required. Accordingly the parties commit themselves to:
(a) developing a more highly skilled and flexible workforce;
(b) providing employees with career
opportunities through appropriate training to acquire additional skills; and
(c) removing barriers to the utilisation of skills acquired.
11.2 Following proper consultation in
accordance with clause 10 - Structural Efficiency, or through the establishment
of a training committee, an employer shall develop a training program
consistent with:
(a) the current and future skill needs of the enterprise;
(b) the size, structure and nature of the operations of the
enterprise;
(c) the need to develop vocational skills
relevant to the enterprise and/or industry through courses conducted by
accredited educational institutions and providers.
11.3 Where it is agreed a training committee be
established that training committee should be constituted by equal numbers of
employer and employee representatives and have a charter which clearly states
its role and responsibilities, for example:
(a) formulation of a training program and
availability of training courses and career opportunities to employees;
(b) dissemination of information on the
training program and availability of training courses and career opportunities
to employees;
(c) the recommending of individual employees for training and
re-classification;
(d) monitoring and advising management and
employees on the ongoing effectiveness of the training.
11.4 (a) Where
as a result of consultation in accordance with clause 10 or through a training committee
and with the employee concerned, it is agreed that additional training in
accordance with the program developed pursuant to clause 11.2 should be
undertaken by an employee, that training may be undertaken either on or off the
job. Provided that if the training is undertaken during ordinary working hours
the employee concerned shall not suffer any loss of pay. The employer shall not
unreasonably withhold such paid training leave.
(b) Any costs associated with standard fees
for prescribed courses and prescribed textbooks (excluding those textbooks
which are available in the employer's technical library) incurred in connection
with the undertaking of training shall be paid for by the employer upon
production of evidence of such expenditure.
Provided that reimbursement shall
also be on an annual basis subject to the presentation of reports of
satisfactory progress.
(c) Travel costs incurred by an employee
undertaking training in accordance with this clause which exceed those normally
incurred in travelling to and from work shall be reimbursed by the employer.
(d) Subclauses (b), (c) and (d) shall
operate as interim provisions and shall be reviewed after nine months
operation. In the meantime, the parties shall monitor the effectiveness of
those interim provisions in encouraging the attainment of the objectives
detailed in subclause (a).
(e) In this connection, the unions reserved
the right to press for the mandatory prescription of a minimum number of
training hours per annum, without loss of pay, for an employee undertaking
training to meet the needs of an individual enterprise.
(f) Any disputes arising in relation to
11.2 and 11.3 shall be subject to the provisions of clause 31 Dispute
Settlement Procedure.
12. STRUCTURAL EFFICIENCY
12.1 The parties to this award are committed to
co-operating positively to increase efficiency, productivity and international
competitiveness where appropriate and to enhance the career opportunities and
job security of employees covered by this award.
12.2 At each enterprise, the parties shall
establish a consultative mechanism and procedures appropriate to the size,
structure and needs of that enterprise. Measures raised by the parties for
consideration consistent with the objectives of 12.1 shall be processed through
that consultative mechanism.
12.3 Measures raised for consideration
consistent with subclause 12.2 shall be related to implementation of the new
classification structure, the facilitative provisions contained in this award
and, subject to matters concerning training.
12.4 Without limiting the rights of either an
employer or a Union to arbitration, any measure designed to increase
flexibility on a site within an enterprise sought by any party shall be implemented
by agreement subject to the following requirements.
(a) the changes sought shall not affect provisions reflecting
national standards;
(b) the majority of employees affected by
the change at the site or enterprise must genuinely agree to the change;
(c) no employee shall lose income as a result of the change;
(d) the relevant Union must be a party to
the agreement and the Union will not unreasonably withhold its consent;
(e) any agreement shall be subject, where
appropriate, to approval by the Industrial Commission and, if approved, shall
operate as a Schedule to the award to take precedence over any provision of
this award to the extent of any inconsistency.
(f) Award restructuring should be given its
wider meaning, and award restructure should not be confined to the
restructuring of classifications but may extend to the review of other
restrictive provisions which currently operate. To that end, such restrictive
provisions will be reviewed on an ongoing basis.
12.5 The parties to this award recognise that
in order to increase the efficiency, productivity and international
competitiveness of industry, a greater commitment to training and skill
development is required.
Accordingly, the parties commit
themselves to:
(a) developing a more highly skilled workforce;
(b) providing employees with career
opportunities through appropriate training to acquire additional skills; and
(c) removing barriers to the utilisation of skills acquired.
12.6 Any disputes arising in relation to the
implementation of this clause shall be subject to the provisions of the
Settlement of Disputes Clause.
13. ENTERPRISE AGREEMENTS
The Union and its members employed in a particular
enterprise will participate in restructuring agreements which cover their relevant
areas of work in that enterprise: provided -
13.1 that the Union will be involved in the
negotiations leading to such agreements and, if those agreements require
variations to this award, the Union will not unreasonably oppose those
variations; and
13.2 where the
Union is not involved in those negotiations, all of its rights shall be
reserved.
14. CONTRACT OF EMPLOYMENT
14.1 Except as provided by clause 17, Casual
Labour, employment shall be by the week. An employee to become entitled to payment
on a weekly basis shall except as provided by clause 25, Mixed Functions,
perform such work as the management shall from time to time require on the days
and during the hours usually worked by the class of employees affected.
14.2 An employee not attending for duty shall,
except as provided by clause 19, Sick Leave, lose their pay for the actual time
of such non-attendance.
14.3 TERMINATION OF EMPLOYMENT
(a) Employment shall be terminated by a
week's notice on either side, such notice to be given at any time during the
week or by the payment or forfeiture of a week's wages as the case may be,
except where the circumstances of termination of employment fall within the
provisions of clause 35 Redundancy and Technological Change.
(b) Nothing in this clause shall not affect
the right of the management to
(i) dismiss any employee
without notice for malingering, inefficiency, neglect of duty, or misconduct,
and in such cases wages shall be paid up to the time of dismissal only, or
(ii) to deduct payment for
any day the employee cannot be usefully employed because of any strike by the
applicant union (of employees) or any other union or through any breakdown of
machinery or any stoppage of work by any cause for which the employer cannot reasonably
be held responsible.
(c) Provided that where an employer orders
employees not to work on any day because of the state of the weather such order
shall not deprive the employees of their claim for payment under their weekly
engagements, but if such employees cease work in any day because of the state
of the weather without being ordered to do so they shall not be entitled to
payment for time so lost.
14.4 (a) An
employer may direct an employee to carry out such duties as are within the
limits of the employee's skill, competence and training consistent with the
classification structure of this award provided that such duties are not
designed to promote de-skilling.
(b) An employer may direct an employee to
carry out duties and use such tools and equipment as may be required provided
that the employee has been properly trained in the use of such tools and
equipment.
(c) Any direction issued by an employer
pursuant to 14.1 or 14.2 shall be consistent with the employer's responsibility
to provide a safe and healthy working environment.
15. JUNIOR
LABOUR
The minimum rates of wages to be
paid to juniors working as greasers or oilers other than on shafting, or as
cleaners or as motor drivers or attendants where the motor does not exceed 50
horse power in all shall be the undermentioned percentages of the ordinary
weekly wage (basic wage plus margin) prescribed by this award for a greaser or
oiler:
Percentage of
ordinary weekly wage for a greaser or oiler
If under 16 years
of age 33
16 years of age 43
17 years of age 64.5
18 years of age 76
19 years of age
but under 20 years 89
15.2 If a cleaner, greaser or oiler sometimes
under the supervision of an engine driver, stops or starts an engine the
employee shall be paid an amount set in Item 12 of Table 2.
15.3 The
total wage shall be calculated to the nearest five cents.
16. PART-TIME
EMPLOYMENT
16.1 An employee may be engaged by the week on
a part-time basis for a constant number of hours which having regard to the
various ways of arranging ordinary hours shall average less than 38 hours per
week.
16.2 An employee so engaged shall be paid per
hour one-thirty-eighth of the weekly rate prescribed by clause 5 for the
classification in which the employee is engaged.
16.3 An employee engaged on a part-time basis
shall be entitled to payments in respect of annual leave, public holidays and
sick leave arising under this award on a proportionate basis. calculated as
follows
(a) Annual Leave
Subject
to the provisions of clause 18, Annual Leave, of this award:
Where the employee
has completed twelve months' continuous service - four weeks' leave at the
number of ordinary hours which would otherwise have been worked during the
period of leave.
Where the employee
is entitled to pro rata leave on termination or at a close down in accordance
with this award the employee shall receive 2.923 hours paid at the appropriate
rate of wage for each 38 ordinary hours worked.
(b) Public Holidays
Where the normal
paid hours fall on a public holiday and work is not performed by the employee,
such employee shall not lose pay for the day.
Where the employee
works on the holidays, such employee shall be paid in accordance with clause
14, Holidays.
(c) Sick Leave - First year of Employment
(i) During the first year
of any period of service with an employer the employee shall be entitled to
sick leave equivalent to the average number of hours worked each week in
accordance with clause 17, Sick Leave.
(ii) During the first five months
of any period of service with an employer, sick leave shall accrue at the rate
of one- fifth of the average number of hours worked each week for every
completed month of service. Provided further that on application by the
employee during the sixth month of employment and subject to the availability
of an unclaimed balance of sick leave the employee shall be paid for any sick
leave taken during the first five months and in respect of which payment was
not made.
(d) Sick Leave - Second or Subsequent Years
of Employment
(i) During the second or
subsequent years of any period of service with an employer the employee shall
not be entitled to leave in excess of an amount calculated as follows:
Average
Number of hours worked each week x 8
5
16.4 Overtime
A part-time
employee who works in excess of the hours fixed under the contract of
employment shall be paid overtime in accordance with clause 13, Overtime.
17. CASUAL
LABOUR
17.1 A
casual employee is one engaged and paid as such.
17.2 A casual employee for working ordinary
time be paid per hour one thirty-eighth of the weekly rate prescribed by this
award for the work the employee performs plus 20 per cent.
18. HOURS
- OTHER THAN SHIFT WORK
18.1 For an employee not working on shift the
ordinary working hours per week and per day respectively shall be of the same
number as those worked by the majority of the employees not working on shift
work in the particular workshop, factory or working place. Provided that the
number of hours worked shall not exceed on average thirty-eight per week nor
seven hours and thirty-six minutes in any one day.
18.2 The ordinary hours of work prescribed may
be worked on any day or all of the days of the week, Monday to Friday.
18.3 The ordinary hours of work shall be worked
continuously, except for meal breaks at the discretion of the employer between
6.00 a.m. and 6.00 p.m. Provided that
(a) the actual ordinary hours of work shall
be determined by agreement between an employer and the majority of employees in
the plant or work section or sections concerned.
(b) work done prior to the spread of hours
fixed in accordance with this subclause for which overtime rates are payable
shall be deemed for the purpose of this subclause to be part of the ordinary
hours of work.
18.4 The
ordinary hours of work shall not exceed twelve on any day. Provided that:
(a) in any arrangement of ordinary hours
where the ordinary working hours are to exceed eight on any day, the
arrangement of hours shall be subject to agreement between an employer and the
majority of employees in the plant or work section or sections concerned; and
(b) by arrangement between an employer, or
the majority of employees in the plant or work section or sections concerned
and their union, ordinary hours not exceeding twelve on any day may be worked
subject to:
(i) the employer and the
employees concerned being guided by occupational health and safety provisions,
including those in the ACTU Code of Conduct on twelve hour shifts;
(ii) proper health monitoring procedures
being introduced;
(iii) suitable roster arrangements being made;
and
(iv) proper supervision being provided.
19. SHIFT
WORK
19.1 Shifts
- Other than Continuous
This subclause shall
apply to shift workers not upon continuous work as defined.
(a) Subject to clause 18, Implementation of
38-Hour Week, the ordinary hours of work shall be an average of 38 per week to
be worked on one of the following bases:
(i) 38 hours within a period not exceeding
seven consecutive days; or
(ii) 76 hours within a period not exceeding
fourteen consecutive days; or
(iii) 114 hours within a period not exceeding
21 consecutive days; or
(iv) 152 hours within a period not exceeding
28 consecutive days.
(b) the ordinary hours shall be worked
continuously subject to the following:
(i) An employee shall not
be required to work for more than five hours without a break for a meal. The
time at which the meal break is taken shall be at the discretion of the
employer.
(ii) Except at regular
changeover of shifts an employee shall not be required to work more than one
shift in each 24 hours.
(iii) The ordinary hours of work shall not
exceed twelve hours on any day.
(iv) In any arrangement of ordinary
working hours where the ordinary working hours are to exceed eight on any shift
the arrangement of hours shall be subject to agreement between the employer and
the majority of employees in the plant or work section or sections concerned;
and
(v) By agreement between an
employer and the majority of employees in the plant, work section or sections
concerned and their union, ordinary hours not exceeding twelve on any day may
be worked subject to:
(1) the employer and the employees concerned
being guided by occupational health and safety provisions including the ACTU
Code of Conduct on twelve hour shifts;
(2) proper health and monitoring procedures
being introduced;
(3) suitable roster arrangements being made;
(4) proper supervision being provided.
19.2 Shifts
- Continuous Work Shifts
This subclause
shall apply to shift workers on continuous work as defined.
(a) The ordinary hours of shift workers
shall average 38 per week inclusive of crib time and shall not exceed 152 hours
in 28 consecutive days. Provided that, where the employer and the majority of
employees concerned agree, a roster system may operate on the basis that the
weekly average of 38 ordinary hours is achieved over a period which exceeds 28
consecutive days. Subject to the following conditions, such shift workers shall
work at such times as the employer may require.
(b) A shift shall consist of not more than
twelve hours inclusive of crib time. Provided that:
(i) in any arrangement of ordinary
working hours where the ordinary working hours are to exceed eight on any shift
the arrangement of hours shall be subject to agreement between the employer and
the majority of employees in the plant or work section or sections concerned;
and
(ii) by agreement between an employer, the
majority of employees in the plant, work section or sections concerned and
their union, ordinary hours not exceeding twelve on any day may be worked
subject to:
(1) the employer and the employers concerned
being guided by occupational health and safety provisions including those of
the ACTU Code of Conduct on twelve hour shifts;
(2) proper health and monitoring procedures
being introduced;
(3) suitable roster arrangements being made;
and
(4) proper supervision being provided.
(5) except at the regular changeover of
shifts an employee shall not be required to work more than one shift in each 24
hours.
(6) twenty minutes shall be
allowed to shift workers each shift for crib, which shall be counted as time
worked.
(c) There shall be roster of shifts which
shall -
(i) provide for rotation unless all the
employees concerned desire otherwise;
(ii) provide for not more than eight shifts
to be worked in any nine consecutive days; and
(iii) not to be changed until after four weeks'
notice;
(iv) Provided that an
employee's place on such roster shall not be changed except on one week's
notice of such change or payment of penalty rates.
(v) So far as employees
present themselves for work in accordance therewith shifts shall be worked
according to the roster.
19.3 An employee on shift engaged to work at a
site where the majority of employees work shifts not in accordance with either
subclause 19.1 or 19.2, the employee may be required by their employer to work
shifts similar in length, roster conditions and crib times to those of the
majority. This subclause shall not apply when such shifts exceed in the
aggregate 152 hours in any period of four consecutive weeks.
19.4 For work done by a shift worker outside
the ordinary hours of their shift double time shall be paid. This shall not
apply to arrangements between the employees themselves or in cases due to
rotation of shift or when the relief does not come on duty at the proper time.
For all time of duty after the employee has finished their ordinary shift such
unrelieved employee shall be paid time and one-half for the first seven hours
and 36 minutes and double time thereafter. Provided that the employee been
given at least 7 hours and 36 minutes' notice.
"Afternoon shift" means any
shift starting at or before 10 a.m. and before 8 p.m.
"Night shift" means any shift
starting at or after 8 p.m. and before 6 a.m.
(a) Afternoon and Night Shift Work
(i) Shift workers while working on
afternoon or night shifts shall be paid 15 per cent more than the ordinary rate
for such shifts.
(ii) A Shift workers who work on any afternoon
or night shift which does not continue for at least five successive afternoons
or nights in a five-day workshop or for a least six successive afternoons or
nights in a six-day workshop shall be paid at the rate of time and a half for
the first three hours and then double time for each shift.
(b) Night Shift Work
(i) An employee shall be paid thirty
percent in addition to their ordinary hourly rate if:
(1) during a period of engagement on shift,
works night shift only;
(2) remains on night shift for a longer
period than four consecutive weeks; or
(3) works on a night shift which does not
rotate or alternate with any shift or with day work so as to give them at least
one-third of their working time off night shift in each shift cycle,
(c) Weekend and Public Holiday Shift Work.
(i) Employees working
shifts shall be paid for work performed between midnight on Friday and midnight
on Saturday at the minimum rate of time and one-half.
(ii) Employees working shifts
shall be paid for all work performed between midnight on Saturday and midnight
on Sunday, or on a Public Holiday at the rate of double time.
(iii) The extra rates shall
be in substitution for and not cumulative upon the shift premiums prescribed in
the preceding paragraphs of this subclause.
19.6 An employee on shift engaged to work at a
site where the majority of working on shift receive shift premiums in excess of
those provided by 19.5, such employee shall be paid such higher shift premiums.
19.7 An employee on shift engaged to work at a
site where the majority of working on shift receive compensation by way of
annual leave or otherwise for working Saturday, Public Holidays and/or Sunday
shifts, such employee shall be given compensation for working such shifts.
19.8 A
shift worker whose rostered day off falls on a public holiday shall be paid in
accordance with 24.3(a).
20. IMPLEMENTATION OF 38-HOUR WEEK
20.1 The ordinary hours of work shall be an
average of 38 per week as provided in clause 18, Hours - Other Than Shift Work;
and
20.2 Except as provided in subclauses 20.5 and
20.6, the method of implementation of the 38 hour week may be any one of the
following:
(a) by employees working less than 8
ordinary hours each day; or
(b) by employees working less than 8
ordinary hours on one or more days each week; or
(c) by fixing one weekday on which all
employees will be off during a particular work cycle; or
(d) by rostering employees off on various days
of the week during a particular work cycle so that each employee has one
weekday off during that cycle.
(e) for the purposes of clause 18 any other
work cycle during which a weekly average of 38 ordinary hours are worked as may
be agreed in accordance with clause 18.
20.3 In each plant, an assessment should be
made as to which method of implementation bests suits the business and the
proposal shall be discussed with the employees concerned.
20.4 In the absence of agreement at plant
level, the procedure for resolving special, anomalous or extraordinary problems
shall be applied in accordance with clause 35 Dispute Resolution Procedure, of
this award. The procedure shall be applied without delay.
20.5 Subject to the provisions of clause 18,
Hours - Other Than Shift Work, and clause 19, Shift Work, of this award, the
employer and the majority of employees in the plant or section or sections
concerned may agree that the ordinary working hours are to exceed eight on any
day, thus enabling a weekday off to be taken more frequently than would
otherwise apply.
20.6 Circumstances may arise where different
methods of implementation of a thirty-eight hour week apply to various groups
or sections of employees in the plant or establishment concerned.
20.7 Notice of Days Off - Except as provided in
20.8(a) and (b), in cases where, by virtue of the arrangement of their /her
ordinary hours, an employee, in accordance with 20.2(c) and (d) hereof is
entitled to a day off during their /her work cycle, such employee shall be
advised by the employer at least four weeks in advance of the weekday the
employee is to take off; provided that a lesser period of notice may be agreed
by the employer and the majority of employees in the plant or section or
sections concerned.
20.8 Substitute
Days -
(a) An employer, with the agreement of the
majority of employees concerned, may substitute the day an employee is to take
off in accordance with 20.2(a) and (b) of this clause, 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.
(b) An individual employee, with the
agreement of their employer may substitute the day the employee is to take off
for another day.
20.9 Flexibility in Relation to Rostered Days
Off - Notwithstanding any other provision in this clause, where the hours of
work of an establishment, plant or section are organised in accordance with
20.2 (c) and (d) hereof an employer, the union or unions concerned and the
majority of employees in the establishment, plant, section or sections
concerned may agree to accrue up to a maximum of five rostered days off in
special circumstances such as where there are regular and substantial
fluctuations in production requirements in any year.
20.10 Where such agreement has been reached the accrued rostered days
off must be taken within 12 months.
It is understood
between the parties that the involvement of the union or unions concerned would
be necessary in cases where it or they have members in the plants concerned and
not in non-union establishments.
20.11 PROCEDURE FOR IN PLANT DISCUSSIONS
(a) Procedures shall be established for
in-plant discussions, the objective being to agree on the method of
implementing a 38-hour week in accordance with the award, and entailing an
objective review of current practices to establish where improvements can be
made and implemented.
(b) The procedures should make suggestions as
to the recording of understandings reached and methods of communicating
agreements and understandings to all employees, including and overcoming of
language difficulties.
(c) The procedures should allow for the
monitoring of agreements and understandings reached in plant.
(d) in cases where agreement cannot be
reached in plant in the first instance or where problems arise after initial
agreements or understandings have been achieved in plant, a formal monitoring
procedure shall apply.
(e) Separate to these procedures the
employer organisations may provide assistance and guidance to their members on
the subject matters to be dealt with in-plant discussions and on other relevant
matters.
21. OVERTIME
21.1 (a) For
the purposes of this clause, ordinary hours shall mean the hours of work fixed
in an establishment in accordance with clauses 18, 19 or 20, of this award,
overtime shall be paid at the rate of time and one-half for the first three
hours and double time thereafter, such double time to continue until the
completion of the overtime work:
Provided, however,
that where in any particular workshop, factory or working place at which an
employee is engaged, the majority of employees working to receive the rate of double
time before the expiry of three hours worked, such employee shall be paid the
overtime rate applying to such majority. The hourly rate,
(i) when computing overtime, shall be
determined by dividing the appropriate weekly rate by 38, even in cases where
an employee works more than 38 ordinary hours' in a week.
(ii) For work done by a shift worker outside
the ordinary hours of their shift, overtime rates shall be paid as prescribed
by subclause 19.4, of this award.
21.2 RECALL
(a) An employee recalled to work overtime
after leaving their employer's business premises (whether notified before or
after leaving the premises), or a day worker required to work overtime on a
Saturday, shall be paid for a minimum of four hours' work at the appropriate
rate for each time the employee is so recalled.
(b) Except in the case of unforeseen
circumstances arising, the employee shall not be required to work the full four
hours if the job the employee was recalled to perform is completed within a
shorter period.
(c) This subclause (21.2) shall not apply in
cases where:
(i) it is customary for an
employee to return to their employer's premises to perform a specific job
outside their ordinary working hours;
or
(ii) where the overtime is continuous
(subject to a reasonable meal break) with the completion or commencement of
ordinary working time, or on a Saturday when overtime commenced on the day
previous.
(d) Overtime worked in the circumstances
specified in this subclause shall not be regarded as overtime for the purposes
of subclause (v) of this clause where the actual time worked is less than four
hours on such recall or on each of such recalls.
21.3 An employee occasionally required to hold
himself in readiness either at their home, their place of work or elsewhere, to
work before or after ordinary hours or on a Saturday which is not an ordinary
working day, or on a Sunday or Public Holiday, shall be paid standing-by time
at their ordinary rate of wages for the time from which the employee is told to
hold himself in readiness until released.
21.4 Where an employee finishing overtime work
or in order to commence overtime work has to travel at a time when reasonable
means of transport are not available, the employer shall provide them with a
conveyance to or from their home or pay them at their ordinary rate of wage for
the time occupied in reaching their home or travelling from their home to work
respectively.
21.5 (a) When overtime work is necessary it
shall, wherever reasonably practicable, be so arranged that employees have at
least ten consecutive hours off duty between the work of successive days or
shifts.
(b) An employee (other than a casual
employee) who:
(i) works so much overtime
between the termination of their ordinary work on any day or shift and the
commencement of their ordinary work on the next day or shift that the employee
has not had at least ten consecutive hours off duty between these times; or
(ii) on Saturdays, Sundays
and Public Holiday’s, not being ordinary working days or on a rostered day off
without having had ten consecutive hours off duty in the twenty-four hours
preceding their ordinary commencing time on their next ordinary day or shift,
shall, subject to
this subclause, be released after completion of such overtime until the
employee has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
(c) If on the instructions
of their employer such an employee resumes or continues work without having had
such ten consecutive hours off duty the employee shall be paid at double rates
until the employee is released from duty.
The employee shall then be entitled to be absent until the employee has
had ten consecutive hours off duty without loss of pay for ordinary working
time occurring during such absence.
(d) The provisions of this subclause shall
apply in the case of shift workers as if eight hours were substituted for ten
hours when overtime is worked:
(i) for the purpose of changing shift
rosters; or
(ii) where a shift worker
does not report for duty and a day worker or a shift worker is required to
replace such shift worker; or
(iii) where a shift is worked by arrangement
between the employees themselves.
21.6 (a) An employer may require any employee to
work reasonable overtime at overtime rates and such employee shall work
overtime in accordance with such requirement.
(b) The applicant 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 the
requirements of this subclause.
(c) The assignment of overtime by an
employer to an employee shall be based on specific work requirements and the
practice of "one-in, all in" overtime shall not apply.
22. MEAL
INTERVALS
22.1 An employee shall not be required to work
for more than five hours without a break for a meal. Provided that:
(a) in cases where canteen or other facilities
are limited to the extent that meal breaks must be staggered and as a result it
is not practicable for all employees to take a meal break within five hours an
employee shall not be required to work for more than six hours without a break
for a meal; and
(b) by agreement between an employer and the
majority of employees in the plant, work section or sections concerned, an
employee or employees may be required to work in excess of five hours but not
more than six hours at ordinary rates of pay without a meal break.
22.2 The time of taking a scheduled meal break
or rest break by one or more employees may be altered by an employer if it is
necessary to do so in order to meet a requirement for continuity of operations.
22.3 An
employer may stagger the time of taking a meal and rest break to meet
operational requirements.
22.4 Subject to the provisions of subclause
22.1, an employee employed as a regular maintenance man shall work during meal
breaks at ordinary rates of pay whenever instructed to do so for the purpose of
making good breakdown of plant or upon routine maintenance of plant which can
only be done while such plant is idle.
22.5 Except as provided in subclauses 22.1 and
22.4 hereof, and except where any alternative arrangement is entered into, time and a half rates shall be paid
for all work done during meal hours and thereafter until a meal break is taken.
22.6 Meal breaks shall be between half and one
hour duration as otherwise agreed between the employer and the majority of
employees in the plant or section/s and shall not be counted as time worked.
23. MEAL INTERVAL DURING OVERTIME
23.1 Employees shall be allowed the same
conditions as to the meals and meal intervals to be allowed whilst working
overtime as are prescribed by award, determination or industrial agreements -
Commonwealth or State - for the general body of employees of the industry in
which they are employed. Where no such alternative provision exist the terms of
this clause shall apply.
23.2 Crib
Breaks
(a) An employee required to work in excess
of one and a half hours of overtime shall be allowed a meal break of 20
minutes, to be paid at ordinary rates, before the commencement of such
overtime.
(b) An additional crib break of 20 minutes shall
be allowed after each four hours of overtime if the
overtime is to
continue.
(c) Where a day worker on a five-day week is
required to work overtime on a Saturday the first meal break time, if occurring
between 10 a.m. and 1 p.m., shall be paid at ordinary rates.
(d) An employer and employee may agree to
any variation of this provision to meet the circumstances of the work in hand;
provided that the employer shall not be required to make any payment in respect
of any time allowed in excess of twenty minutes.
23.3 Meal
Allowance
(a) An employee required to work overtime
for more than two hours without being notified on the previous day or earlier
that the employee shall be so required to work shall either be supplied with a
meal by the employer or paid an allowance as specified in item 12 of table 2
for the first meal and each subsequent meal.
(b) Such payment need not be made to
employees living in the same locality as their workshops who can reasonably
return home for meals.
(c) Unless the employer advises an employees
on the previous day or earlier that the amount of overtime to be worked will
necessitate the taking of a second or subsequent meal (as the case may be), the
employer shall provide such second and/or subsequent meals or make payment in
lieu thereof as above prescribed.
(d) If an employee pursuant to notice has
provide a meal or meals and is not required to work overtime or is required to
work less than the amount advised the employee shall be paid as prescribed for
meals which the employee has provided but which are surplus
24. WORK
ON SUNDAYS AND PUBLIC HOLIDAYS
24.1 All work, other than shift work, performed
on Sundays shall be paid for at the rate of double time and on Public Holidays
shall be paid at the rate of double time and one-half.
24.2 Employees, other than on shift or engaged
in maintaining the continuity of electric light and power required to work on
Sundays or public holidays shall be paid for a minimum of three hours' work.
24.3 (a) An employee who works continuous work
and who by the circumstances of the arrangement of their ordinary hours of work
is entitled to a rostered day off which falls on a public holiday prescribed by
clause 24 shall, at the discretion of the employer, be paid for that day 7
hours and 36 minutes at ordinary rates or have an additional day added to their
annual leave. This provision shall not apply when the holiday on which the
employee is rostered off falls on a Saturday or Sunday.
(b) In the case of an employee whose
ordinary hours of work are arranged in accordance with paragraphs 20.2 (c) or
(d) or subclause 20.5, the weekday to be taken off shall not coincide with a
public holiday fixed in accordance with clause 26, Public Holidays: Provided
that, in the event that a public holiday is prescribed after an employee has
been given notice of their weekday off in accordance with subclause 20.7 and
the public holiday falls on the weekday the employee is to take off, the
employer shall allow the employee to take the day off on an alternative
weekday.
25. MIXED
FUNCTIONS
25.1 Where the employment or work involves
functions of a mixed character, the minimum wages to be paid to the employee
for the day or part of a day the employee is so employed shall be calculated as
if the employee performed such only of the said functions as involve the
highest rate of wages under this award. If so employed for any part of a day
the employee shall be paid at the highest rate for the whole of such day.
25.2 Engine drivers, whilst in charge of their
engines, shall only be required to perform such work as may be within the scope
of or incidental to engine driving and the generation, use and application of
engine power: Provided that engine drivers in charge of engines supplying power
to any intermittent process involving regular stoppages, may during such
stoppages be required to perform any work necessary or incidental to such
intermittent process.
26. PUBLIC
HOLIDAYS
All employees shall be entitled to
the same holidays as are observed by the general body of employees of the
industry in which they are employed:
26.1 Provided
that an employee shall be entitled in any case to the following holidays:
(a) An employee shall be granted the
following holidays without deduction of pay: New Year's Day, Australia Day,
Good Friday, Easter Saturday, Easter Monday, Labor Day, Anzac Day, Queen's
Birthday, Christmas Day and Boxing Day, and such other days gazetted as a
Public Holiday for the State of New South Wales.
(b) In addition to the public holidays
prescribed in paragraph (a) of this subclause, one additional public holiday
shall be observed on the same date as the Metal Industry additional holiday for
New South Wales the date of which is specified in the Metal, Engineering and
Associated Industries Award, 1998 (Print M1319) at clause 7.5.1(b)(ii) (as
varied).
26.2 For
the purpose of this award -
(a) Where Christmas Day falls on a Saturday
or on a Sunday, the following Monday and Tuesday shall be observed as Christmas
Day and Boxing Day respectively.
(b) Where Boxing Day falls on a Saturday,
the following Monday shall be observed as Boxing Day.
(c) Where New Year's Day falls on a Saturday
or on a Sunday the following Monday shall be observed as New Year's Day; and
the said Saturday and/or Sunday shall be deemed not to be holidays.
27. SICK
LEAVE
27.1 Employees shall be entitled to and shall
be allowed sick leave to the same extent and subject to the same conditions as
prescribed by award, determination or agreement - Commonwealth or State - for
the general body of employees in the industry in which they are employed:
Provided that an employee shall be entitled in any case to sick leave not less
than is after provided.
27.2 In any case where 27.1 does not apply an
employee other than a casual employee who is absent from their work on account
of personal illness or account of injury by accident, other than covered by
workers compensation, shall be entitled to a leave of absence, without
deduction of pay, subject to the following conditions:
(a) the employee shall, as soon as
reasonably practicable and during the ordinary hours of the first day or shift
of such absence, inform the employer of their 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 such absence.
(b) He shall prove to the satisfaction of
their employer (or, in the event of dispute, of the Industrial Commission of
New South Wales) that the employee was unable on account of such illness or
injury to attend for duty on the day or days for which sick leave is claimed.
(c) First Year of Employment
(i) An employee the
employee shall not be entitled during their first year of any period of service
with an employer to leave in excess of five days of ordinary working time. In cases
where the employee normally works more than 8 ordinary hours in any day, the
employee shall not be entitled to leave in excess of 40 hours of ordinary
working time:
(ii) Provided that during
the first five months of the first year of a period of service with an employer
the employee shall be entitled to sick leave which shall accrue on a pro rata
basis of one day of ordinary working time for each month of service completed
with that employer to a maximum of 40 ordinary hours.
(iii) On application by the employee during the
sixth month of employment and subject to the availability of an unclaimed
balance of sick leave the employee shall be paid for any sick leave taken
during the first five months and in respect of which payment was not made.
(d) Second or Subsequent Years of Employment
An employee shall
not be entitled during the second or subsequent year of any period of service
with an employer to leave in excess of 8 days of ordinary working time or in
excess of 64 hours of ordinary working time in the case of an employee who
normally works more than 8 ordinary hours on any day.
(e) Part Day Absences
In the case of
employees whose hours of work are fixed in accordance with 20.2 (c) or (d),
sick pay entitlements for part day absences shall be calculated on a
proportionate basis as follows:
duration
of sick leave absence
ordinary
hours normally worked that day
times
appropriate
weekly rate
5
In the case of
employees whose hours of work are fixed in accordance with 20.2 (a) or (b), sick
pay entitlements for part day absences shall be calculated on a proportionate
basis as follows:
duration
of sick leave absence
times
appropriate
weekly rate
38
(f) Sickness on Day Off
Where an employee is
sick or injured on the weekday the employee is to take off in accordance with
paragraphs 20.2 (c) or (d), the employee shall not be entitled to sick pay nor
will their sick pay entitlement be reduced as a result of their sickness or
injury that day.
(g) Alternative Methods of Payment
Where the employer
and the majority of employees concerned agree, an alternative method of
calculating sick leave entitlements to that provided for in this clause may be
introduced.
27.3 Single
Day Absence
(a) In the case of an employee who claims to
be allowed paid sick leave in accordance with this clause for an absence of one
day only, such employee, if in the year the employee has already been allowed
paid sick leave on more than one occasion for one day only, shall not be
entitled to payment for the day claimed unless the employee produces to the
employer a certificate of a duly qualified medical practitioner that in their,
the medical practitioner's, opinion the employee was unable to attend for duty
on account of personal illness or on account of injury by accident.
(b) An employer may agree to accept from the
employee a Statutory Declaration, stating that the employee was unable to
attend for duty on account of personal illness or on account of injury by
accident in lieu of a certificate of a duly qualified medical practitioner as
prescribed by this subclause.
(c) Nothing in this subclause shall limit
the employer's right under paragraph 27.2(c).
27.4 Accumulation
of Sick Leave
(a) Sick leave shall accumulate from year to
year so that any balance of the period specified in paragraphs 27.2 (d) or (e)
of this clause which has in any year not been allowed to an employee by an
employer as paid sick leave may be claimed by the employee and subject to the
conditions before prescribed shall be allowed by the employer in a subsequent
year without diminution of the sick leave prescribed in respect of that year.
(b) Sick leave which accumulates pursuant to
this subclause shall not exceed 640 hours and shall be available to an employee
for a period of twelve years but for no longer from the end of the year in
which it accrues.
27.5 If an employee is terminated by their
employer and is re-engaged by the same employer within a period of six months,
then the employee's unclaimed balance of sick leave shall continue from the
date of re-engagement. In such a case the employee's next year of service will
commence after a total of twelve months has been served with that employer,
excluding the period of interruption in service, from the date of commencement
of the previous period of employment or the anniversary of the commencement of
the previous period of employment, as the case may be.
28. PERSONAL/CARER'S
LEAVE
28.1 Use
Of Sick Leave
(a) An employee with responsibilities in relation
to a class of person set out in subparagraph 28.1(c)(ii) who needs their care
and support shall be entitled to use, in accordance with this subclause, any
sick leave entitlement which accrues after 15 September 1995 for absences to
provide care and support for such persons when they are ill.
(b) The employee shall, if required,
establish by production of a medical certificate or statutory declaration, the
illness of the person concerned.
(c) The entitlement to use sick leave in
accordance with this subclause is subject to
(i) the employee being responsible for the
care and support of the person concerned; and
(ii) the person concerned being:
(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
paragraph:
(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; and
(c) "household"
means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable,
give the employer notice prior to the absence of the intention to take leave,
the name of the person requiring care and their relationship to the employee,
the reasons for taking such leave and the estimated length of absence. 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 first day of absence.
28.2 Unpaid
Leave For Family Purpose.
An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in 28.1(c) (ii)
above who is ill.
28.3 Annual
Leave
(a) To give effect to this Clause, but
subject to the Annual Holidays Act 1944,
an employee may elect, with the consent of the employer, to take annual leave
not exceeding five days in any calendar year at a time or times agreed by the
parties.
(b) Access to annual leave, as prescribed in
paragraph 28.3(a) above, shall be exclusive of any shutdown period provided for
elsewhere under this award.
(c) An employee and employer may agree to
defer payment of the annual leave loading in respect of single day absences,
until at least five consecutive annual leave days are taken.
28.4 Time
Off in Lieu of Payment for Overtime
(a) An employee may elect, with the consent
of the employer, to take time off in lieu of payment for overtime at a time or
times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during
ordinary time hours shall be taken at the ordinary time rate, that is an hour
for each hour worked.
(c) If, having elected to take time as leave
in accordance with paragraph (a) of this subclause, the leave is not taken for
whatever reason payment for time accrued at overtime rates shall be made at the
expiry of the 12 month period or on termination.
(d) Where no election is made in accordance
with the said paragraph (a), the employee shall be paid overtime rates in
accordance with the award.
28.5 Make-up
Time
(a) 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.
(b) 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.
28.6 Rostered
Days Off
(a) An employee may elect, with the consent
of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent
of the employer, to take rostered days off in part day amounts.
(c) 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.
(d) 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.
29. BEREAVEMENT
LEAVE
29.1 An employee, other than a casual employee,
shall be entitled to a maximum of two days bereavement leave without deduction
of pay, on each occasion of the death of a person in Australia prescribed in
subclause 29.3. Where the death of a person as prescribed by the said subclause
29.3 occurs outside Australia, the employee shall be entitled to two days
bereavement leave where the employee travels outside Australia to attend the
funeral.
29.2 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.
29.3 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 subparagraph 28.1(c) (ii), Personal/Carer’s Leave,
provided that, for the purpose of Bereavement Leave, the employee need not have
been responsible for the care of the person concerned.
29.4 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.
29.5 Bereavement leave may be taken in
conjunction with other leave available under subclauses 27.2, 27.3, 27.4, 27.5
27.6. In determining such a request, the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
30. JURY
SERVICE
30.1 An employee on weekly hiring required to
attend for jury service during their ordinary working hours shall be reimbursed
by the employer an amount equal to the difference between the amount paid in
respect of their attendance for such jury service and the amount of wage the
employee would have received in respect of the ordinary time the employee would
have worked had the employee not been on jury service.
30.2 An employee shall notify their employer as
soon as possible of the date upon which the employee is required to attend for
jury service. Further the employee shall give their employer proof of their
attendance, the duration of such attendance and the amount received in respect
of such jury service.
31. ANNUAL
LEAVE
31.1 Employees shall be entitled to and shall
be allowed annual leave to the same extent and subject to the same conditions
as are prescribed by statute, award, determination or industrial agreement -
Commonwealth or State - for the general body of employees in the industry in
which they are employed: Provided that an employee shall be entitled in any
case to annual leave not less than hereinafter provided.
31.2 Period of Leave - A period of twenty-eight
consecutive days' leave, including non-working days, shall be allowed annually
to an employee after twelve months' continuous service (less the period of
annual leave) as an employee on weekly hiring in any one or more of the
occupations to which the award applies. An employee on weekly hiring shall
accrue annual leave at a rate of 2.923 hours for each 38 ordinary working hours
worked.
31.3 In addition to the leave hereinbefore prescribed
seven-day shift workers, that is shift workers who are rostered to work
regularly on Sundays and holidays, shall be allowed seven consecutive days'
leave including non-working days. Where an employee with twelve months'
continuous service is engaged for part of the twelve- monthly period as a
seven-day shift worker he or she shall be entitled to have the period of leave
to which he is entitled as prescribed in subclause (ii) of this clause,
increased by half a day for each month he is continuously engaged as aforesaid.
31.4 Subject to this subclause the annual leave
prescribed by this clause shall be exclusive of any of the holidays prescribed
by clause 26, Holidays, and 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 there shall be added to the
period of annual leave time equivalent to the ordinary time which the employee
would have worked if such day had not been a holiday. Where a holiday falls as
aforesaid and the employee fails without reasonable cause, proof whereof shall
be upon him, to attend for work at his ordinary starting time on the working
day immediately following the last day of the period of his annual leave he shall
not be entitled to be paid for any such holiday.
31.5 "Broken leave - Annual leave shall be
given and taken in one, two, three or four continuous periods. Provided that an employee may, with the
consent of his or her employer, take short term annual leave, not exceeding
four days in any calendar year
31.6 For
the purpose of this clause service shall be deemed to be continuous
notwithstanding:
(a) Any interruption or determination of the
employment by the employer if such interruption or determination has been made
merely with the intention of avoiding obligations hereunder in respect of leave
of absence;
(b) Any absence from work on account of
personal sickness or accident or on account of leave lawfully granted by the
employer; or
(c) Any absence with reasonable cause, proof
whereof shall be upon the employee. In cases of personal sickness or accident
or absence with reasonable cause the employee to become entitled to the benefit
of this subclause shall inform the employer, in writing if practicable, within
twenty-four hours of the commencement of such absence of his or her inability
to attend for duty and as far as practicable the nature of the illness, injury
or cause and the estimated duration of his or her absence. A notification given
by an employee pursuant to clause 27 - Sick Leave shall be accepted as a notification under this subclause.
Any absence from
work by reason of any cause being not a cause specified in this subclause shall
not be deemed to break the continuity of service for the purposes of this
clause unless the employer during the absence or within fourteen days of the
termination of the absence notifies the employee in writing that such absence
will be regarded as having broken the continuity of service.
In cases of individual
absenteeism such notice shall be given in writing to the employee concerned,
but in cases of concerted or collective absenteeism notice may be given to
employees by the posting up of a notification in the plant, in the manner in
which general notifications to employees are usually made in the plant and by
posting to each union whose members have participated in such concerted or
collective absenteeism a copy of it not later than the day it is posted up in
the plant. A notice to an individual employee may be given by delivering it to
him or her personally or by posting it to his or her last recorded address, in
which case it shall be deemed to have reached him or her in due course of post.
Calculation of
Continuous Service - In calculating the period of twelve months' continuous
service the following absences shall be taken into account and counted as time
worked:
(1) up to 152 ordinary working hours in a
twelve-monthly period in the case of sickness or accident;
(2) long service leave taken by an employee
in accordance with the Long Service Leave Act of New South Wales;
Providing that for
the purpose of this clause in calculating continuous service for periods of
less than twelve months such absences due to sickness or accident shall be taken
into account and counted as time worked on a pro rata basis of 152 ordinary
hours for twelve months' service. Other absences from work shall not be taken
into account and shall not count as time worked in calculating the period of
twelve months' continuous service.
31.7 Calculation of Service - Service before
the date of this award shall be taken into consideration for the purpose of
calculating annual leave but an employee shall not be entitled to leave or
payment in lieu thereof for any period in respect of which leave or payment in
lieu thereof has been allowed. 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 he became such
successor or assignee or transmittee, the employer in respect of the period
during which he was in the service of the predecessor shall, for the purpose of
this clause, be deemed to be in the service of the employer.
31.8 Leave to be Taken - The annual leave
provided by this clause shall be allowed and shall be taken and except as provided
by subclause 32.13 and 31.14 hereof payment shall not be made or accepted in
lieu of annual leave.
31.9 Time of Taking Leave - Annual leave shall
be given at a time fixed by the employer within a period not exceeding six
months from the date when the right to annual leave accrued and after not less
than four weeks' notice to the employee.
Provided that by
agreement between an employer and an employee, and ratified by the Industrial
Registrar pursuant to section 3(4) of the Annual Holidays Act, annual leave may
be taken at any time within a period of twelve months from the date at which it
falls due and with less than four weeks notice to the employee.
31.10 Leave Allowed Before Due Date
(a) An employer may allow an employee to take
annual leave either wholly or partly in advance before the right thereto has
accrued due. In such case a further period of annual leave shall not commence
to accrue until after the expiration of the twelve months in respect of which
the annual leave or part thereof had been taken before it accrued.
(b) Where annual leave or part thereof has
been granted pursuant to paragraph (a) of this subclause before the right
thereto has accrued due and the employee subsequently leaves or is discharged
from the service of the employer before completing the twelve months'
continuous service in respect of which the leave was granted; and the amount
paid by the employer to the employee for the annual leave or part so taken in
advance exceeds the amount which the employer is required to pay to the
employee under subclause 29.13 of this clause the employer shall not be liable
to make any payment to the employee under the said subclause 29.13 and shall be
entitled to deduct the amount of excess from any remuneration payable to the
employee upon the termination of employment.
31.11 Each employee before going on leave shall be
paid the wages he or she would have received in respect of the ordinary time he
or she would have worked had he or she not been on leave during the relevant
period.
Subject to
subclause 31.12 hereof each employee shall, where applicable, have the amount
of wages to be received for annual leave calculated by including the following
where applicable:
31.12 The rate applicable to him or her as prescribed by clauses 5,
Rates of Pay, 15, Junior Labour; and
(a) Subject to subclauses (a) and (b) the
rate prescribed for work in ordinary time by clause 19, Shift Work, according
to the employee's roster or projected roster including Saturday and Sunday shifts;
(b) The rate payable pursuant to clause 25,
Mixed Functions, calculated on a daily basis which the employee would have
received for ordinary time during the relevant period whether on a shift roster
or otherwise;
(c) Any other rate to which the employee is
entitled in accordance with his or her contract of employment for ordinary
hours of work; provided that this provision shall not operate so as to include
any payment which is of a similar nature to or is paid for the same reasons as
or is paid in lieu of those payments prescribed by clause 6, Special Rates,
clause 21, Overtime, and clause 7, Travelling and Camping Allowances, nor any
payment which might have become payable to the employee as reimbursement for
expenses incurred.
During a period of
annual leave an employee shall receive a loading calculated on the rate of wage
prescribed by subclause 31.11 of this clause, subject to the provisions of
paragraph 31.2, of this subclause. The loading shall be as follows:
(a) Day Workers - An employee who would have
worked on day work only had he or she not been on leave - a loading of 17.5 per
cent.
(b) Shift Workers - An employee who would
have worked on shift work had he or she not been on leave - a loading of 17.5
per cent: Provided that where the employee would have received shift loading
prescribed by clause 19, Shift Work, of this award, had he or she not been on
leave during the relevant period and such loadings would have entitled him or
her to a greater amount than the loading of 17.5 per cent, then the shift
loadings shall be included in the rate of wage prescribed by subclause 31.11 in
lieu of the 17.5 per cent loading: Provided further that if the shift loading
would have entitled him or her to a lesser amount than the loading of 17.5 per cent
shall be added to the rate of wage prescribed by subclause 31.11 in lieu of the
shift loading.
31.13 An employee on weekly hiring who -
(a) After one week's continuous service in his
or her first qualifying twelve monthly period with an employer, lawfully leaves
the employment of the employer or his or her employment is terminated by the
employer through no fault of the employee; or
(b) Proportionate Leave on Termination -
After 12 months' continuous service with an employer, leaves the employment of
the employer or his or her employment is terminated by the employer for any
reason; shall be paid 2.923 hours for each 38 ordinary hours worked and in
respect of which leave had not been granted under this clause at the
appropriate rate of wage calculated in accordance with subclause 31.11 of this
clause and calculated in accordance with subclause 31.11 of clause 7, Payment
of Wages.
31.14 Annual Close Down - Where an employer closes
down his or her plant, or a section or sections thereof, for the purposes of
allowing annual leave to all or the bulk of the employees in the plant, or
section or sections concerned, the following provisions shall apply:
(a) He or she may by giving not less than 4
weeks' notice of his or her intention so to do, stand off for the duration of
the close down all employees in the plant, or section or sections concerned and
allow to those who are not then qualified for a full entitlement to annual
leave for twelve months' continuous service, pursuant to subclause 31.2 of
this clause, paid leave on a proportionate basis at the appropriate rate of
wage as prescribed in subclause 31.11 and 31.12 of this clause for 2.923 hours
for each 38 ordinary hours worked. The hourly rate shall be calculated in
accordance with subclause 31.11 of clause 7, Payment of Wages.
(b) An employee who has then qualified for a
full entitlement to annual leave for twelve months' continuous service pursuant
to subclause 31.2 of this clause, and has also completed a further week or more
of continuous service shall be allowed his or her leave, and shall subject to
subclause 31.7 of this clause, also be paid at the appropriate rate of wage
as prescribed by subclause 31.11 and 31.12 of this clause 2.923 hours for each
38 ordinary hours worked since the close of his or her last twelve monthly
qualifying period. The hourly rate shall be calculated in accordance with
subclause 31.11 of clause 7, Payment of Wages.
(c) The next twelve monthly qualifying
period for each employee affected by such close down shall commence from the
day on which the plant, or section or sections concerned is re- opened for
work: Provided that all time during which an employee is stood off without pay
for the purposes of this subclause shall be deemed to be time of service in the
next twelve monthly qualifying period.
(d) If in the first year of his or her
service with an employer an employee is allowed proportionate annual leave
under paragraph (a) of this subclause, and subsequently within such year
lawfully leaves his or her employment or his or her employment is terminated by
the employer through no fault of the employee, he or she shall be entitled to
the benefit of subclause 31.13 of this clause subject to adjustment for any
proportionate leave which he or she may have been allowed as aforesaid.
(e) An employer may close down his or her
plant for one or two separate periods for the purpose of granting annual leave
in accordance with this subclause. If the employer closes down his or her plant
in two separate periods one of those periods shall be for a period of at least
21 consecutive days, including non-working days.
Provided, that
where the majority of employees concerned agree, an employer may close down the
plant, work section/s in one, two or three separate periods for the purpose of
granting annual leave in accordance with this subclause.
Provided further,
that if an employer closes down his or her plant on more than one occasion, one
of those periods shall be for a period of at least fourteen consecutive days
including non-working days. In such cases, the employer shall advise the
employees concerned of the proposed dates of each close-down before asking them
for their agreement.
29.14 Nothing in this clause shall affect the
operations of subclause 19.7 and any annual leave required to be given under
that subclause shall be given in addition to the annual leave prescribed by
this clause.
32. LONG
SERVICE LEAVE
See Long Service Leave Act 1955.
33. DISPUTES
SETTLEMENT PROCEDURE
33.1 Where an employee or the workplace
delegate has submitted a request concerning any matter directly connected with
employment to a foreperson or a more senior representative of management and
that request has been refused, the employee may, if they so desire, ask the
workplace delegate to submit the matter to management and the matter shall then
be submitted by the workplace delegate to the appropriate executive of the
employer concerned.
33.2 If not settled at this stage, the matter
shall be formally submitted by the State Secretary of the union to the
employer.
33.3 If not settled at this stage, the matter
shall then be discussed between such representatives of the union, as the union
may desire and the employer, who may be accompanied by or represented by such
officers or representatives of an association of employers as the employer may
desire, including, where agreed, processing the dispute through locally
organised boards or committees set up by the parties for this purpose.
33.4 If the matter is still not settled, it
shall be submitted to the Industrial Relations
Commission of New South Wales.
33.5 Where the above procedures are being
followed, work shall continue normally.
No party shall be prejudiced as to final settlement by the continuance
of work in accordance with this subclause.
33.6 Notwithstanding anything contained in the
previous five (5) paragraphs, the respondents shall be free to exercise their
rights if the dispute is not finalised within seven (7) days of notification.
33.7 This
clause shall not apply to any dispute as to a bona fide safety issue.
34. RIGHT
OF ENTRY
NOTE - See section 298 of the Industrial Relations Act 1996.
35. UNION
DELEGATE
A union delegate appointed by the employees
in each workshop or place of work shall be allowed the necessary time during
working hours to interview the employer or their representative on matters
affecting employees whom the employee represents: Provided that this clause
shall not apply in any case in which at the one place an employer employs five
or less employees to whom this award applies.
36. MISCELLANEOUS
36.1 Boiling
Water
Employers shall
provide boiling water for employees at meal times.
36.2 Crib
Facilities
Each employer shall
make suitable provision to enable their employee’s to keep and eat their cribs
free from dust unless the employee proves to the satisfaction of the Industrial
Commission of New South Wales that it is impracticable to do so.
36.3 Damage
to Clothing
Compensation to
the extent of the damage sustained shall be made where in the course of the
work clothing is damaged or destroyed by fire or molten metal or through the
use of corrosive substances.
36.4 Drinking
Water
Employers shall
provide for use of employees in workshops a sufficient supply of wholesome cool
drinking water.
36.5 First-Aid
Outfit
In each workshop
and at other places where employees are regularly employed, the employer shall provide
and continuously maintain at a place or places reasonably accessible to all
employees an first-aid outfit in accordance with the Occupational Health and
Safety Regulation 2001.
36.6 Protective
Clothing
Where an employee
is required to work in a place where in the absence of protective clothing or
boots their clothing or boots would become wet such employee shall be provided
with waterproof clothing and boots unless the special rate prescribed by
subclause 6.3 is being paid.
36.7 Protective
Glasses
Any crane driver
who during the course of their work passes over oxy-welding or electric welding
shall on application to the employer be supplied by the employer with suitable
glasses for the protection of the eyes, which glasses shall at all times remain
the property of the employer.
36.8 Radiators
Each crane cabin
shall, unless otherwise heated, be equipped with a radiator which the employer
shall install and maintain in good order and condition.
36.9 Respirators
Respirators shall
be supplied to persons engaged inside the gas or water space of any boiler,
flue or economizer in cleaning or scraping work; provided that if an employee
does not wear the respirator supplied it may be recalled by the employer.
37. SUPERANNUATION
37.1 Definitions
In this clause
(a) ‘eligible
employee’ means
(i) a weekly employee who has 4 week
continuous service in the industry
(ii) a casual employee who
has had 76 hours or four weeks service in the industry, whatever period is the
greater.
(b) ‘service
in the industry’ means an employee whose employment is covered by the terms
of this award.
(c) ‘Ordinary
time earnings’ means:
(i) in the case of a weekly
employee, the employee’s classification weekly rate of pay plus, where
applicable, allowances, shift allowance or overaward payments for ordinary
hours of labour
(ii) in the case of a casual
employee, earnings for the employees classification during ordinary working
hours (including 20% casual loading), plus where applicable, allowances, shift
allowance or over award payments for ordinary hours of labour.
(d) ‘Classification
rate of pay’ shall mean the relevant amounts prescribed in clause 5 of this
award.
(e) ‘Allowances’
shall mean the relevant amounts prescribed in clause 4 where paid regularly for
all purposes. Provided that the allowance prescribed in clause 24.3(a) is
excluded.
(f) ‘The
fund’ shall means
(i) CTRF - the Combined Trade Union
retirement fund
(ii) ARF - Australian Retirement Fund
(iii) another industry superannuation scheme
established in accordance with the commonwealth Superannuation Guarantee
Legislation which is agreed to by the employees, the employer and the union (if
applicable’). The union and an employer may agree to an alternative fund.
Provided that where no agreement is reached an employer may make application to
the NSW Industrial Relations Commission for approval of an alternative fund.
(g) ‘Trustee’
means the trustee of the fund as may be appointed from time to time.
37.2 Enrolment
(a) Each employer shall
(i) enter into a formal
agreement with the trustee acknowledging itself as being bound by the funds
deed
(ii) take all reasonable
steps so that each of the employer employees becomes a member of the fund.
(b) Each employee shall join the fund.
37.3 Employer
Contributions
(a) Each employer shall at the time payment
is made pursuant to subclause 37.4 pay to the trustee in respect of each
eligible employee the amount prescribed by the commonwealth superannuation
guarantee legislation.
(b) When an employee becomes and eligible
employee the employer shall pay contributions for the qualifying period.
37.4 Remitting
Payments
Each employer shall
remit to the Trustee all payments due in respect of their employees immediately
at the conclusion of each calendar month or at other such times and in such a
manner as may be agreed in writing between the Trustee and the employer.
37.5 Statement
of Service
For the purposes
of ensuring that an employee may prove their service in the industry so as to
become an eligible employee, each employer shall, if requested by an employee,
provide to the employee a written statement setting out the dates of employment
with the employer.
37.6 Unpaid
Contributions
Where an employer
has failed to enter into a formal deed with a fund the employer shall make
application and enter into a formal deed with the fund. Upon entering into a
deed with the trustee the employer shall make equivalent contributions to those
which would have been payable under subclause 25.3. After which time the employer
shall continue to make contributions in accordance with this clause.
37.7 Employee
Contributions
Subject to the
rules of the fund, employees of a respondent employer who wish to make contributions
to the fund additional to those being made by the employer shall be entitled to
do so. Such an employee may either forward their own contributions directly to
the Trustee or, where it is practicable to do so, authorise the employer to pay
into the fund from the employee’s wage an amount specified by the employee.
38. REDUNDANCY
AND TECHNOLOGICAL CHANGE
(a) This clause shall apply in respect of
full-time and part-time persons employed in the classifications specified in clause
3, Rates of Pay.
(b) In resect to employers who employ more
than 15 employees immediately prior to the termination of employment of
employees, in the terms of subclause 38.4.
(c) Notwithstanding anything contained
elsewhere in this award, this award shall not apply to employees with less than
one year's continuous service and the general obligation on employers shall be
no more than to give such employees an indication of the impending redundancy
at the first reasonable opportunity, and to take such steps as may be
reasonable to facilitate the obtaining by the employees of suitable alternative
employment.
(d) Notwithstanding anything contained
elsewhere in this award, this award shall not apply where employment is
terminated as a consequence of conduct that justifies instant dismissal
including malingering, inefficiency or neglect of duty, or in the case of
casual employees, apprentices or employees engaged for a specific period of
time or for a specified task or tasks, or where employment is terminated due to
the ordinary and customary turnover of labour.
38.2 Introduction
Of Change
(a) Employer's Duty To Notify
(i) Where an employer has
made a definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, the employer shall notify the employees who may be
affected by the proposed changes and the union to which they belong.
(ii) "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 specified in clause 5,
Avoidance of Industrial Disputes, makes provision for alteration of any of the
matters referred to , an alteration
shall be deemed not to have significant effect.
(b) Employer's Duty To Discuss Change
(i) The employer shall
discuss with the employees affected and the union to which they belong, inter
alia, the introduction of the changes referred to in subclause 38.2(a), the
effects the changes are likely to have on employees and measures to avert or
mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(ii) The discussion shall
commence as early as practicable after a definite decision has been made by the
employer to make the changes referred to in subclause 38.2 (a) of this clause.
(iii) For the purpose of such
discussion, the employer shall provide to the employees concerned and the union
to which they belong, all relevant information about the changes, including the
nature of the changes proposed, the expected effect of the changes on employees
and any other matters likely to affect employees; provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
38.3 Redundancy
(a) Discussions Before Terminations
(i) Where an employer has
made a definite decision that the employer no longer wishes the job the
employee has been doing to be done by anyone pursuant to subparagraph 38.2 (a)
(i), and that decision may lead to the termination of employment, the employer
shall hold discussions with the employees directly affected and with the union
to which they belong.
(ii) The discussions shall
take place as soon as is practicable after the employer has made a definite
decision which will invoke the provision of subparagraph 38.3(a) 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.
(iii) For the purposes of the
discussions the employer shall, as soon as practicable, provide to the
employees concerned, and the union to which they belong, all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out; provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
38.4 Termination
Of Employment
(a) Notice for Changes in Production,
Program, Organisation or Structure - This paragraph sets out the notice
provisions to be applied to terminations by the employer for reasons arising from
"production", "program", "organisation" or
"structure" in accordance with subparagraph 38.2(a)(i).
(i) In order to terminate
the employment of an employee, the employer shall give to the employee the
following notice:
Period of continuous service
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(ii) In addition to the notice
above, employees over 45 years of age at the time of the giving of the notice,
with not less than two years continuous service shall be entitled to an
additional week's notice.
(iii) Payment in lieu of the
notice above shall be made if the appropriate notice period is not given;
provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
(b) Notice for Technological Change
This paragraph
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from technology in accordance with subparagraph 38.2
(a)(i):
(i) In order to terminate
the employment of an employee, the employer shall give to the employee three
months notice of termination.
(ii) Payment in lieu of the
notice above shall be made if the appropriate notice period is not given;
provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
(iii) The period of notice required
by this subclause to be given shall be deemed to be service with the employer
for the purposes of the Long Service
Leave Act 1955, the Annual Holidays
Act 1944 or any Act amending or replacing either of these Acts.
(c) Time Off During the Notice Period
(i) During the period of
notice of termination given by the employer, an employee shall be allowed up to
one day's time off without loss of pay during each week of notice, to a maximum
of five weeks, for the purpose of seeking other employment.
(ii) If the employee has
been allowed 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.
(d) Employee Leaving During the Notice
Period
If the employment
of an employee is terminated (other than for misconduct) before the notice
period expires, the employee shall be entitled to the same benefits and
payments under this clause as those to which the employee would be entitled had
the employee remained with the employer until the expiry of such notice;
provided that, in such circumstances, the employee shall not be entitled to
payment in lieu of notice.
(e) 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.
(f) Notice to Employment National
Where a decision
has been made to terminate employees, the employer shall notify the
Commonwealth Employment Service thereof as soon as possible, giving the
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.
(g) Department of Social Security Employment
Separation Certificate
The employer shall,
upon receipt of a request from an employee whose employment has been
terminated, provide to the employee an Employment Separation Certificate in the
form required by the Department of Social Security.
(h) Transfer to Lower Paid Duties
Where an employee
is transferred to lower paid duties for reasons set out in paragraph 38.2 (a)
of this clause, the employee shall be entitled to the same period of notice of
transfer as the employee would have been entitled to if the employee's
employment had been terminated and the employer may, at the employer's option,
make payment in lieu thereof of an amount equal to the difference between the
former ordinary-time rates of pay and the new ordinary-time rates for the
number of weeks of notice still owing.
38.5 Severance
Pay
(a) Where an employee is to be terminated
pursuant to subclause 38.4, subject to further order of the Industrial
Relations Commission of New South Wales, the employer shall pay the following
severance pay in respect of a continuous period of service:
(i) If an employee is under
45 years of age, the employer shall pay in accordance with the following scale:
|
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
|
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
clause 3, Rates of Pay.
(ii) Incapacity to Pay -
Subject to an application by the employer and further order of the Industrial
Relations Commission, an employer may pay a lesser amount (or no amount) of
severance pay than that contained in paragraph (i) of this subclause.
(ii) The Commission shall
have regard to such financial and other resources of the employer concerned as
the Commission thinks relevant, and the probable effect paying the amount of
severance pay in the said paragraph (i) will have on the employer.
(b) Alternative Employment - Subject to an
application by the employer and further order of the Commission, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
paragraph (i), if the employer obtains acceptable alternative employment for an
employee.
38.6 Savings
Clause
Nothing in this
clause shall be construed so as to require the reduction or alteration of more
advantageous benefits or conditions which an employee may be entitled to under any
existing redundancy arrangement, taken as a whole, between the union and any
employer bound by this award.
39. EXEMPTIONS
39.1 Employers who, at the instance of the
Federated Engine Drivers and Firemen's Association of Australasia (Coast
District), are, or who may subsequently come under an award or agreement under
the jurisdiction of the Commonwealth Conciliation and Arbitration Commission,
are exempted from this award in respect to employees who are members of the
said union while subject to such an award or agreement.
39.2 The Public Works Department, Commissioner
for Main Roads, Water Conservation and Irrigation Commission, Metropolitan Meat
Industry Board, the City of Newcastle Gas and Coke Co. Pty Ltd, Newcastle
Chemical Company, Stewarts and Lloyds (Aust.) Proprietary Ltd, Lysaghts Works
Proprietary Ltd at Port Kembla, are exempted from the provisions of this award.
39.3 For the purposes of the Australasian
Conference Association Limited at Cooranbong the words "Friday"
(other than in the expression "Good Friday"), "Saturday"
(other than in the expression "Easter Saturday"), "Sunday"
and "Monday" (other than in the expression "Easter
Monday"), wherever appearing in this award, are to be read, respectively,
as "Thursday", "Friday", "Saturday" and
"Sunday".
39.4 The hours worked by shift employees of the
Association at Cooranbong from 10 p.m. to 12 midnight on Saturdays and/or
holidays shall not be considered as worked on Saturdays and/or holidays so as
to entitle the employees to Saturday or holiday rates. Where, however, a shift
commences at 10 p.m. on the day immediately preceding a holiday and extends
into the holiday the employees shall be entitled to holiday rates for the whole
shift.
39.5 Shell Refining (Australia) Pty Limited is
exempted from this award with regard to employees at the Clyde Refinery,
Granville.
39.6 This
award shall not apply to the following employers:
Murray Publishers
Pty Ltd
Kosciusko Thredbo
Pty Ltd
Mt Blue Cow Ski
Bowl Pty Ltd
Guthega
Development Pty Ltd
Mt Selwyn Snowfield
Pty Ltd
Charlotte's Pass
Village Pty Ltd
who are covered by
the Ski Industry (State) Award.
39.7 Exclusion - Unilever Australia Limited
(Unifoods Division) - Employees of Unilever Australia Limited, Unifoods
Division, Concord, employed on the Concord site shall be excluded from the
terms and conditions of this award so long as they are employees under the
terms and conditions of the Industrial Agreement registered pursuant to section
11 of the Industrial Arbitration Act 1940, or any agreement replacing it.
40. AREA,
INCIDENCE AND DURATION
40.1 This award has been reviewed pursuant to
section 19 of the Industrial Relations
Act 1996. Variations to this award
made pursuant to that review shall come into effect from 23 May 2001.
40.2 The variation to this award made pursuant
to the section 19 review rescinds and replaces the Engine Drivers, &c.,
General Superannuation (State) Award published 3 October 1990 (260 I.G. 259),
and all variations thereof, and the Engine Drivers, &c., General (State)
1996 Wages Adjustment and Redundancy Award published 9 August 1996 (294 I.G.
238), and all variations thereof.
40.3 This award rescinds and replaces the
Engine Drivers, &c., General (State) Award published 15 January 1960 and
reprinted 29 October 1980 and further reprinted 11 January 1984 and 10 January
1992 (267 I.G. 51), and all variations thereof.
40.4 This Award shall apply to all employees of
the classifications set out in Clause 3 of this Award in the State of NSW
excluding the Municipality of Broken Hill. It shall not apply to:
(a) The driving of any internal combustion
engine of 22 or less kW brake power on any engine or electric motor or any
pump, air compressor, pneumatic or small hoist on which no engine driver or
fireman or greaser is employed as such, but the starting and stopping of and
attention to which is done by an employee, the greater part of whose time is
taken up with other work; or
(b) the operation of pneumatic and small
hoists and two motion electric man-power cranes; or
(c) the driving of footpath rollers of 1 525
kg and under; or
(d) plant operators on construction work
covered by the Plant, &c., Operators on Construction (State) Award.
40.5 This Award shall not apply to employees of
State Rail Authority
of New South Wales;
The Commissioner
for Motor Transport;
The Metropolitan
Water, Sewerage and Drainage Board;
The Hunter
District Water Board;
The Electrolytic
Refining and Smelting Company of Australia
Proprietary
Limited, the Metal Manufactures Limited, and the
Australian
Fertilizers Limited, at Port Kembla;
Australian Wire
Industries Pty Ltd at its Sydney Wiremill;
Blue Circle
Southern Cement Limited;
The Council of the
City of Sydney, Shires, Municipal Councils and County Councils;
The Sydney County
Council;
The Broken Hill
Proprietary Company Limited at Newcastle;
Australian Iron
and Steel Proprietary Limited within the jurisdiction
of the Iron and
Steel Works Employees (Australian Iron & Steel
Proprietary
Limited) Conciliation Committee;
South Maitland
Railways Pty Limited;
Australian Wire
Industries Pty Ltd at its Newcastle Wiremill;
Commissioner for
Main Roads engaged in the maintenance of the Sydney Harbour Bridge;
Electric Light and
Power Supply Corporation Limited;
Parramatta-Granville
Electric Supply Company Limited;
The Council of the
City of Newcastle;
The Electricity
Commission of New South Wales;
The Australian Gas
Light Company;
The North Shore
Gas Company Limited;
And excepting also
those employed -
In or about coal
and shale mines and metalliferous mines;
In the Dredge
Services of the Maritime Services Board of New South
Wales, and of the
Department of Works and Local Government;
In Wheaten Flour
Mills;
And excepting
employees within the jurisdiction of the following
Industrial
Committees -
Glass Makers
(State);
Carters, &c.,
(State);
Cement Workers,
&c., (State);
Quarries, Gravel
and Sand Pits (State);
Storemen and
Packers, General (State);
Storemen and
Packers, Wholesale Paint, Varnish, Oil and Colour Stores (State);
Storemen and
Packers, Wholesale Oil and Petroleum Products (State);
Storemen and
Packers, Bond and Free Stores (State);
Storemen and
Packers, Wharf Stores (State);
Coal Lumpers,
&c., (State);
Special Steels and
Steel Products Manufacture (Commonwealth Steel Company Limited);
Tubemakers of
Australia Limited, Newcastle;
Labourers, Railway
and Road Construction, &c., (State);
John Lysaght
(Australia) Pty Ltd, Port Kembla;
John Lysaght
(Australia) Pty Ltd, Newcastle;
Australian Wire Industries
Pty Ltd - Newcastle Ropery;
Commonwealth Steel
Company Limited, Unanderra;
Tubemakers of
Australia Limited, Yennora;
Smelting and
Fertilizer Manufacturing (Sulphide Corporation Pty
Limited and
Greenleaf Fertilizers Limited);
Sugar
Manufacturers (State);
Maritime Services
Board (Cargo Handling Operations);
Breweries,
&c., (State);
Milk Treatment,
&c., and Distribution (State);
Shoalhaven Scheme;
Googong Dam
Project
PART B
MONETARY RATES
Table 1 - Rates of Pay
Wage Group
|
Rate per Week
|
State Wage Case 2000
|
Rate per week
|
|
Eff. 25/8/00
|
Adjustment
|
Effective
|
|
|
|
25/8/2001
|
|
$
|
$
|
$
|
Level 13 -
|
|
|
|
A
|
384.50
|
15.90
|
400.40
|
B
|
388.60
|
15.00
|
403.60
|
Level 12 -
|
|
|
|
D
|
393.10
|
15.00
|
408.10
|
|
400.00
|
15.00
|
415.00
|
B
|
403.20
|
15.00
|
418.20
|
A
|
406.20
|
15.00
|
421.20
|
Level 11 -
|
|
|
|
C
|
411.00
|
15.00
|
426.00
|
B
|
417.60
|
15.00
|
432.60
|
A
|
421.00
|
15.00
|
436.00
|
A(ii)
|
429.70
|
15.00
|
444.70
|
Level 10 -
|
|
|
|
C
|
436.60
|
15.00
|
451.60
|
B
|
439.90
|
15.00
|
454.90
|
A
|
451.00
|
15.00
|
466.00
|
Level 9 -
|
|
|
|
C
|
456.60
|
15.00
|
471.60
|
B
|
464.80
|
15.00
|
479.80
|
A
|
468.90
|
15.00
|
483.90
|
Level 8
|
479.40
|
15.00
|
494.40
|
Level 7
|
488.20
|
15.00
|
503.20
|
Table 2 - Other Rates and Allowances
Item
|
Clause
|
Brief Description
|
SWC 1999
|
SWC 2000
|
No.
|
No.
|
|
Eff 25/11/99
|
Eff 25/8/2001
|
1
|
5.1(d)
|
Mobile cranes - 2 or more forklifts/cranes
|
1.79 p/d
|
1.85 p/d
|
|
|
engaged on any lift
|
|
|
2
|
6.1
|
Boiler cleaner allowance
|
0.98 p/h
|
1.01 p/h
|
3
|
5.2
|
Special work
|
0.11 p/h
|
0.12 p/h
|
4
|
5.3(a)
|
Attending to refrigerator compressors
|
19.67 p/w
|
20.28 p/w
|
|
|
Attending to electric generator or dynamo
|
19.67 p/w
|
20.28 p/w
|
|
|
exceeding 10 kW capacity
|
|
|
|
|
In charge of plant
|
19.67 p/w
|
20.28 p/w
|
5
|
5.3(b)
|
Attending switchboard (350 kW or over)
|
6.09 p/w
|
6.28 p/w
|
6
|
5.3(c)
|
Ship repairing
|
7.68 p/w
|
7.68 p/w
|
7.
|
6.2
|
Cold Places
|
0.38/h
|
0.42 p/h
|
8.
|
6.3
|
Wet Places Allowance
|
0.38/h
|
0.42 p/h
|
9.
|
6.5
|
Construction Allowance
|
23.00 p/w
|
23.70 p/w
|
10.
|
6.6
|
Quarries Pty Ltd Allowance
|
0.38/h
|
0.42 p/h
|
11.
|
6.4
|
Dirty Work Allowance
|
0.38/h
|
0.42 p/h
|
12.
|
15.2
|
Stop-Start Engine Allowance
|
18.70 p/w
|
24.30 p/w
|
13.
|
23.3(a)
|
Overtime Meal Allowance
|
7.70 per occasion
|
8.30 per occasion
|
T. M.
KAVANAGH, J.
____________________
Printed by the authority of the Industrial Registrar.