CONFECTIONERS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices of award review pursuant to section 19 of
the Industrial Relations Act 1996.
(Nos. IRC 5678,
5680, 5682 of 1999 and 1943 of 2001)
Before Mr. Deputy President Grayson
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21 May and 26 June
2001
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REVIEWED AWARD
Arrangement
Clause No.
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Subject Matter
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1.
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Definitions
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2.
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Classifications
(Definitions)
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3.
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Contract of Employment
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4.
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Utilisation of Skills
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5.
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Part-time and Casual
Employees
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6.
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Hours
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7.
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Shift Work
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8.
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Overtime and Sunday
Work
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9.
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Meal Hours and Rest
Periods
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10.
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Wages
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11.
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Mixed Functions
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12.
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First-aid Allowance and
Heat Allowance
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13.
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Payment of Wages
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14.
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Supported Wage
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15.
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Holidays
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16.
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Long Service Leave
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17.
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Annual Leave
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18.
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Annual Holidays Loading
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19.
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Sick Leave
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20.
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Personal / Carer's
Leave
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21.
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Bereavement Leave
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22.
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Jury Service
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23.
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Redundancy
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24.
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Protective Clothing
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25.
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Tools of Trade
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26.
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First-aid
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27.
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Amenities
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28.
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Dispute Procedure
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29.
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Anti-Discrimination
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30.
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Right of Entry
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31.
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Posting of Notices
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32.
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Enterprise Consultative
Mechanism
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33.
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Award to be Posted
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34.
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Area, Incidence and
Duration
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PART B
MONETARY RATES
Table 1
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Rates of Pay
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Table 2
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Other Rates and Allowances
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1. Definitions
In this award, except where otherwise clearly intended:
(a) "Operating Machine" shall
mean controlling the working action of a machine and accepting responsibility
for the observance of the manufacturing specifications of the process. This shall not be taken to mean the sole
process of starting or stopping a machine.
(b) "Assisting with Machine
Operation" shall mean assisting with the operation of a machine under the
direction of the operator in charge or of the supervisory staff.
(c) "Setting up Machine" shall
mean the carrying out of final machine adjustments and making ready before a
machine can be successfully operated.
(d) "Attending Machine" shall mean
the feeding or removal of raw materials or partly manufactured materials to or
from the feeding or delivery ends of a machine performed under the direction of
a higher group employee or of the supervisory staff.
(e) "Part-time Employee" shall
mean and Employee who is employed or who offers for employment in accordance
with the provisions of Clause 5, Part-time Employees, or within the provisions
of the Industrial Relations Act 1996.
(f) "Casual
Employee" shall mean an employee engaged and paid in accordance with
Clause 5, Casual Employees, providing a 20 per cent ratio of casual employees
to the total number of employees employed under this award.
2. Classifications
(Definitions)
Level 5 - Trainee Entry Level Relativity
76%
A new employee, i.e., one who is within the first six months
of continuous employment undertaking training which may include, for example,
food hygiene and basic quality control.
Level 4 - Unskilled Employee Relativity
79%
An employee engaged primarily in manual duties such as
packing at the end of a production line or general labouring duties. Although an employee at this level is not
required to use the types of machinery set out in Level 3 and above, duties may
include the use of simple hand tools (including staple guns, etc.) and
equipment which is ancillary to the production process (e.g., case sealing).
Level 3 - Semi-skilled Employee Relativity
82%
An employee whose primary function is the operation of
semi-automatic or automatic production/packaging machinery. Here the machine operation is generally of a
repetitious nature requiring basic machine set up and adjustment, quality control
and fault finding.
Level 2 - Skilled Employee Relativity
89%
An employee at this level uses a high degree of product and
process knowledge and has considerable input into the quality of the finished
product.
These skills may be used:
(a) in the operation of machinery which is of
a more complex nature than specified at Level 3, requiring fine machine adjustment and the exercise of
individual judgement; and/or
(b) in the manufacture of the product.
The employee operates under routine supervision individually
or in a team environment and may have some V.D.U. skills. The employee can be engaged in inventory
control recording and fork lift operation. The employee is also able to assist
in training.
Level 1 - Multi-skilled Employee Relativity
93%
An employee who is capable of performing the tasks within
Levels 2, 3 and 4. In addition, because
of the skills and experience attained within the plant, is called upon to
operate a wide range of machines or perform a wide range of tasks and train
other employees.
NOTE: It is agreed
between the parties that workers should not be placed in a level unless they
have the training and experience necessary to perform the full range of
functions comprehended by the level and are actually required to perform those
functions.
3. Contract of Employment
(a) All employees other than casual
employees shall be engaged as weekly hands.
The employment of a weekly hand shall be terminated by a week's notice
on either side or payment or forfeiture of a week's pay in lieu of such notice.
Notice shall not be continued from week to week; provided that employment shall
be terminated by one hour’s notice on either side, t be given at any time
during the first four weeks of employment.
(b) The foregoing shall not affect the right
of an employer to dismiss an 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.
(c) For the
purposes of this clause, weekly hand shall include part-time employee.
(d) No employer shall discharge any person
merely be reason of the fact that the work they perform can be done by a
junior.
4. Utilisation of Skills
(a) Employees shall be employed to carry out
such duties as directed by an employer that are within the limits of the
employee’s skill, competence and training.
(b) An employee may at any time be directed to
carry out such duties and use such tools and equipment as may be directed by an
employer provided that the employee has been properly trained in the use of
such tools and equipment.
5. Part-time and Casual
Employees
(a) Part-time
Employees -
(i) Ordinary hours of work of part-time
employees shall not be less than 20 per week or more than 35 per week such
hours to be fixed on a regular daily basis.
(ii) The provisions of this award with respect
to annual leave, sick leave and holidays shall apply, pro rata, to part-time
employees. In addition, general
conditions of employment shall apply.
(iii) Notwithstanding the provisions of
subclauses (a) and (b) of this clause, an employee and an employer may agree,
in writing, to observe other conditions in accordance with the Industrial Relations Act 1996.
(iv) Part-time employees shall be paid at an
hourly rate equal to the appropriate weekly rate divided by 38 calculated to
the nearest ten cents, any broken part of ten cents in the result not exceeding
half of ten cents to be disregarded.
(b) Casual
Employees -
Casual employees shall be paid an
hourly rate equal to the appropriate weekly rate divided by 38 plus 15 per
cent, calculated to the nearest half cent with a minimum payment on any one day
of four hours. The 15 per cent loading
shall be in lieu of payment for sick leave and public holidays.
6. Hours
(a) The ordinary hours of day workers shall be
an average of 38 per week worked on one of the following basis:
(i) 38 hours within a period not exceeding seven consecutive
days;
(ii) 76 hours within a period not exceeding 14 consecutive days;
(iii) 114 hours within a period not exceeding 21 consecutive days;
(iv) 152 hours within a period not exceeding 28 consecutive days;
to be worked on not more than five days per week, Monday to Friday, inclusive, between the hours
of 6.00 a.m. and 6.00 p.m.
Provided that rostered days off may accrue by agreement between the
employee and the employer to be taken at a mutually convenient time.
(b) Every employer shall exhibit a notice
whereon shall be printed the starting and finishing times. The starting and
finishing times having once been fixed by an employer shall not be altered,
unless by mutual agreement between the employer and their employees, without
giving once week’s notice thereof. Such notice as to either starting or
finishing times, or to change such times, shall be displayed in a prominent
position in the factory where it may be perused by all concerned.
(c) Working time shall commence from when an
employee is present at their designated work station ready and willing to work.
(d) By arrangement between the employer, the
union and the majority of employees in the plant or work sections concerned
ordinary hours not exceeding 12 on any day may be worked, subject to:
(i) the employer and the employees concerned
being guided by the occupational health and safety provisions of the ACTU Code
of Conduct on 12-Hour Shifts;
(ii) proper health monitoring procedures being introduced;
(iii) suitable roster arrangements being made; and
(iv) proper supervision being provided.
7. Shift Work
An employer may work employees on afternoon and/or night
shift subject to the following conditions:
(a) The hours of work shall be an average
of 38 per week, exclusive of meal time.
The time to be taken for a meal shall be 30 minutes, or as may be agreed
upon by employers and the union.
(b) Unless the union otherwise agrees, no
employee who is employed during ordinary working hours shall be employed on
afternoon or night shift unless they have had a break of at least 24 hours.
(c) (i) Employees working afternoon shift shall
be paid a shift allowance of 15 percent of the
appropriate rate prescribed by
clause 10, Wages.
(ii) Employees working night shift shall be
paid a shift allowance of 20 percent of the appropriate rate prescribed by the
said clause 10.
(d) When three shifts are worked the time
shall be within the hours of 10:00p.m. Sundays and 7:00a.m. Saturdays. Rates of
pay shall be double time from 10:00p.m. to 12 midnight Sundays, and as shown in
subclause (c) of this clause from 12 midnight Sundays to 12 midnight Fridays
and at time and a half from 12 midnight Fridays to 7:00a.m. Saturdays. Provided
that, in lieu of the rate of time and a half, the shift allowance prescribed in
subclause (c) of this clause shall continue to be paid after 12 midnight Friday
where the major portion of the shift is worked prior to midnight.
Provided further that the rates of
time and a half and double time prescribed in this subclause shall be in
substitution for and not cumulative upon the allowance prescribed in subclause
(c) of this clause.
(e) All time worked outside the usual fixed
times of the shift shall be paid for as overtime at the rate of time and a half
of the shift rate.
(f) Juniors 18 years of age and over
employed on night shift shall be paid at least the award rate for a
Confectioner Level 5, prescribed in the said clause 10, and the shift allowance
prescribed in paragraph (ii) of
subclause (c) of this clause calculated
on such rate.
(g) Juniors
under 18 years of age shall not be employed on night shift.
(h) Employees engaged on shift work shall be
allowed two eight-minute rest periods within the duration of the shift. Such rest periods shall be counted as time
worked.
The above provisions may be varied by agreement between the
employer and the union.
(i) Starting and finishing times of shifts
shall be agreed upon mutually between the employer and the employee.
8. Overtime and Sunday
Work
(a) All time worked outside the ordinary
hours shall be paid for at the rate of time and a half for the first two hours
and double time thereafter.
(b) All time worked on a Sunday (other than
the two hours provided for shift workers in subclause (d) of clause 7, Shift
Work) shall be paid for at double rates.
(c) All time worked on Saturday, except on shift
work from 12 midnight Friday to 7.00 a.m.
Saturday, as prescribed in subclause (d) of the said clause 7, shall be
deemed to be overtime and shall be paid for at the rate of time and one-half
for the first two hours and double time thereafter.
(d) Except as provided in subclause (e), an
employee required to work overtime in excess of one and one-half hours after
working ordinary hours shall be paid by their employer an amount as set out in
Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, to
meet the cost of a meal.
(e) Where an establishment works a short
working day during the week employees may worked overtime up to 6.00 p.m.
without 24 hours' notice and without payment of tea money.
(f) An employer may require any employee to
work reasonable overtime at overtime rates and such employee shall work
overtime in accordance with such requirement.
(g) Any employee 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 wit the
requirements of this clause.
(h) All overtime
worked shall be calculated to the nearest minute.
(i) In
computing overtime each day's work shall stand alone.
(j) An employee working overtime on a Saturday,
Sunday or public holiday shall be paid the appropriate overtime rate in
accordance with this clause, or clause 15, Holidays, as the case may be, and be
subject to the following provisions:
(i) An employee directed to work four or
more hours' overtime on any of the said days and after commencing overtime such
overtime is cancelled by the employer, then a minimum payment of four hours'
work at the appropriate rate shall apply.
(ii) An employee directed to work less than
four hours' overtime on any of the said days and after commencing overtime such
overtime is cancelled by the employer, then a minimum payment equal to the
hours previously directed to work at the appropriate rate shall apply.
(iii) Excepting that in respect of subclauses
(i) and (ii) of this clause, the minimum payment shall not apply where overtime
is cancelled by the employer through circumstances beyond the employer's
control.
9. Meal Hours and Rest
Period
(a) The minimum
time allowed for a meal shall be 30 minutes and the maximum 45 minutes.
(b) No employee
shall be called upon to work more than five hours without a meal.
(c) In the case of an emergency the meal
time may be taken earlier or later than between the fixed hours, but the meal
time having once been fixed shall not be altered more than once in any one
working week.
(d) Employees called upon to work during
their fixed meal time, except in case of emergency, shall be paid time and
one-half for the first half hour or part thereof and double time thereafter
until such meal time is allowed.
(e) Any employee using or handling any
materials from which confectionery is made will be deemed to be employed during
such meal hours and such time shall be counted as time worked.
(f) Employees engaged on day work shall be
allowed an eight-minute rest period each morning and afternoon. Such rest periods shall be counted as time
worked.
(g) The above
provision may be varied by agreement between the employer and the union
10. Wages
(a) The minimum weekly rates of pay shall
be those contained in (i) Adults, of Table 1 - Rates of Pay, of Part B,
Monetary Rates.
(b) The minimum rate of pay for juniors
shall be as is set out in (ii) Juniors, of Table 1 Rates of Pay, of Part B,
Monetary Rates. The rates of pay for
juniors shall be calculated to the nearest 10 cents.
(c) Special Rate
-
(i) Employees engaged on hand or fork
dipping chocolate goods and/or hand filling and tapping chocolate moulds for
casing or shell work shall be paid at the rate of ten per cent above the
appropriate rate.
(ii) Employees engaged on hand decorating,
hand marking by means of fork, piping bag or any other contrivance, filling
chocolate with cream or other substance with bag, pot or other contrivance,
hand frosting, dipping French bon bons in cream or any other substance, shall
be paid ten per cent in addition to the appropriate rates prescribed for
employees.
(iii) Foreperson shall be paid not less than 15 per cent above the
rate for a Confectioner Level 5.
NOTATION: It is
recommended that in circumstances where wage rates prescribed by this clause
are increased by order of the Industrial Relations Commission of New South
Wales pursuant to section 17 of the Industrial
Relations Act 1996,
a result of a decision
of a Full Bench of the
Australian Industrial Relations
Commission to reflect movements in the
Consumer Price Index as a result of wage indexation cases, employers
party to this award apply the indexation increase to an employee's actual rate
of pay as defined hereunder.
"Actual rate of pay" in respect of this award is
defined, as the total amount an employee would normally receive for performing
38 hours of ordinary work. Provided
that such rate shall expressly exclude overtime, penalty rates, disability
allowances, shift allowances, special rates, and any other ancillary payments
of a like nature. Provided further that
this definition shall not include production bonuses and other methods of
payment by results which, by virtue of their basis of calculation, already
produce the result intended hereby.
(d) Any wage rate increased in a
restructuring and efficiency agreement, whether ratified by the Industrial
Relations Commission or otherwise, shall not be subject to any increase in
rates of pay in this award.
(e) The rates of pay in this award include
the adjustments payable under the State Wage Case 2000. These adjustments may be offset against:
(i) any equivalent overaward payments; and/or
(ii) award
wage increases since 29 May 1991 other
than safety net, State Wage Case and minimum rates adjustments.
(f) Employees engaged on piecework shall be
paid the award rate plus 10 per cent.
No competition or prize system shall operate.
11. Mixed Functions
An employee engaged for more than four hours on a day or
shift, on duties carrying a higher rate than their ordinary skill level, shall
be paid the higher rate for such day or shift.
If an employee is engaged for four hours or less during a day or shift,
they shall be paid the higher rate for the time so worked.
12. First-aid Allowance and
Heat Allowance
(a) First-aid Allowance - An employee appointed by the employer to
perform first-aid duties and who holds a current first-aid certificate, shall
be paid an allowance per week extra as set out in Item 1 of Table 2 - Other
Rates and allowances, of Part B, Monetary Rates.
(b) Heat Allowance - Employees required to
work in areas where the temperature exceeds 46 degrees Celsius shall be paid
the additional allowances for the duration of such work as set out in Item 2 of
Table 2.
13. Payment of Wages
(a) Wages shall
be paid weekly or fortnightly.
(b) An employer
shall not keep more than two days in hand.
(c) All wages
shall be paid during working hours.
(d) If an employee leaves their employment
or is dismissed they shall, provided that the necessary money is then available
at the factory office, be paid their wages upon leaving, or they shall be
forwarded to them by post as soon as practicable.
(e) Wages may be
paid by means of cash, electronic funds transfer or cheque.
14. Supported Wage
(a) Workers Eligible for a Supported
Wage - This clause defines the
conditions which will apply to employees who, because of the effects of a
disability, are eligible for a supported wage under the terms of this
award. In the context of this clause,
the following definitions will apply:
(i) "Supported Wage System" means
the Commonwealth Government system to promote employment for people who cannot
work at full award wages because of a disability, as documented in
"Supported Wage System: Guidelines and Assessment Process".
(ii) "Accredited Assessor" means a
person accredited by the management unit established by the Commonwealth under
the Supported Wage System to perform assessments of an individual's productive
capacity within the Supported Wage System.
(iii) "Disability Support Pension"
means the Commonwealth pension scheme to provide income security for persons
with a disability as provided for under the Social
Security Act 1991, or any successor to that scheme.
(iv) "Assessment Instrument" means
the form provided for under the Supported Wage System that records the
assessment of the productive capacity of the person to be employed under the
Supported Wage System.
(b) Eligibility Criteria - Employees covered by this clause will be
those who are unable to perform the range of duties to the competence level
required within the class of work for which the employee is engaged under this
award, because of the effects of a disability on their productive capacity, and
who meet the impairment criteria test for a disability support pension. This
clause does not apply to any existing employee who has a claim against the
employer which is subject to the provisions of workers' compensation
legislation or any provision of this award relating to the rehabilitation of
employees who are injured in the course of their employment. The clause also
does not apply to employers in respect of their facility, program, undertaking,
service or the like which receives funding under the Disability Services Act
1986 and fulfils the dual role of service provider and sheltered employer to
people with disabilities who are in receipt of, or are eligible for a
disability support pension, except with respect to an organisation which has
received recognition under section 10 or section 12A of the said Act or, if a
part only has received recognition, that part.
(c) Supported Wage Rates - Employees to
whom this clause applies shall be paid the applicable percentage of the minimum
rate of pay prescribed by this award for the class of work which the person is performing, according to the following
schedule:
Assessed capacity
|
Percentage of
Prescribed
|
(subclause (iv))
|
Award Rate
|
*10%
|
10%
|
20%
|
20%
|
30%
|
30%
|
40%
|
40%
|
50%
|
50%
|
60%
|
60%
|
70%
|
70%
|
80%
|
80%
|
90%
|
90%
|
(Provided that the minimum amount
payable shall not be less than $45.00 per week.)
* Where a person's assessed capacity is
10 per cent, they shall receive a high degree of assistance and support.
(d) Assessment of Capacity - For the purpose of establishing the
percentage of the award rate to be paid to an employee under this award, the
productive capacity of the employee will be assessed in accordance with the
Supported Wage System and documented in an assessment instrument by either:
(i) the employer and a union party to the award,
in consultation with the employee or, if desired by any of these;
(ii) the employer and an accredited assessor
from a panel agreed by the parties to
the award and the employee.
(e) Lodgement of
Assessment Instrument -
(i) All assessment instruments under the
conditions of this clause, including the appropriate percentage of the award
wage to be paid to the employee, shall be lodged by the employer with the
Registrar of the Industrial Relations Commission of New South Wales.
(ii) All assessment instruments shall be
agreed and signed by the parties to the assessment; provided that, where a
union which is party to the award is not a party to the assessment, it shall be
referred by the Registrar to the union by certified mail and will take effect, unless
an objection is notified to the Registrar within ten working days.
(f) Review of Assessment - The assessment of the applicable
percentage should be subject to annual review, or earlier on the basis of a
reasonable request for such a review.
The process of review shall be in accordance with the procedures for
assessing capacity under the Supported Wage System.
(g) Other Terms and Conditions of Employment
- Where an assessment has been made, the applicable percentage shall apply to
the wage rate only. Employees covered
by the provisions of this clause will be entitled to the same terms and
conditions of employment as all other workers covered by this award paid on a
pro rata basis.
(h) Workplace Adjustment - An employer wishing to employ a person under
the provisions of this clause shall take reasonable steps to make changes in
the workplace to enhance the employee's capacity to do the job. Changes may involve redesign of job duties,
working time arrangements and work organisation in consultation with other
workers in the area.
(i) Trial
Period -
(i) In order for an adequate assessment of
the employee's capacity to be made, an employer may employ a person under the
provisions of this clause for a trial period not exceeding 12 weeks, except
that in some cases additional work adjustment time (not exceeding four weeks)
may be needed.
(ii) During the trial period, the assessment
of capacity shall be undertaken and the proposed wage rate for a continuing
employment relationship shall be determined.
(iii) The minimum amount payable to the
employee during the trial period shall be no less than $45.00 per week.
(iv) Work trials should include induction or training as
appropriate to the job being trialled.
(v) Where the employer and employee wish to establish
a continuing employment relationship following the completion of the trial
period, a further contract of employment shall be entered into, based on the
outcome of assessment under this subclause.
15. Holidays
(a) Employees shall be paid for the
following holidays: New Year's Day, Australia Day, Good Friday, Easter Monday,
Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and any
other gazetted public holidays; provided that no payment shall be made for any
of the holidays mentioned should they be observed on a Saturday or Sunday.
(b) (i) In addition to the above holidays all
employees shall be entitled to one additional day as a paid
holiday each year.
(ii) Such holiday shall be at a date to be agreed upon each year
between the employer and the union.
(iii) If in any establishment there are
employees who are in receipt of an additional public holiday or picnic day
which is on a date other than the day agreed in accordance with paragraph (ii)
of this subclause, then that other day may be substituted for this additional
public holiday at the sole discretion of the employer.
(c) Any work performed on the
abovementioned holidays shall be paid for at the rate of double time and
one-half except as provided in subclauses (e) and (f) of this clause.
(d) An employee entitled to payment for
holidays who has been employed for at least three months shall not have his
services dispensed with (except in cases of malingering, inefficiency, neglect
of duty or misconduct) for at least one week prior to any of the abovementioned
holidays without payment for such holidays.
(e) Pieceworkers working on any of the
holidays mentioned in this clause shall, in addition to the piecework earnings,
be paid at the rate of ordinary time and one-half for such holidays.
(f) Non-continuous shift workers for any
work performed on the abovementioned holidays shall be paid at the rate of
double time and one-half of the shift work rate. Continuous shift workers for any work performed on the
abovementioned holidays shall be paid at the rate of double the shift work
rate.
(g) Employees shall be entitled to and shall
receive payment for the holidays prescribed in this clause; provided that,
except in the case of employees absent on account of sickness or accident or
with the consent of the employer, they shall be available for duty on the last
working day preceding and the first working day succeeding such holiday.
16. Long Service Leave
See Long Service Leave
Act 1955.
17. Annual Leave
See Annual Holidays
Act 1944.
18. Annual Holidays Loading
(a) In this
clause the Annual Holidays Act 1944
is referred to as "the Act".
(b) Before an employee is given and takes
their annual holidays, or where by agreement between the employer and employee
the annual holiday is given and taken in more than one separate period, then
before each of such separate periods the employer shall pay their employee a
loading determined in accordance with this clause. (NOTE: The obligation to
pay in advance does not apply where an employee takes an annual holiday wholly
or partly in advance - see subclause (f) of this clause.)
(c) The loading is payable in addition to
the pay for the period of holiday given and taken and due to the employee under
the Act and this award.
(d) The loading is to be calculated in
relation to any period of annual holiday to which the employee becomes or has
become entitled to under the Act and this award or, where such a holiday is
given and taken in separate periods, then in relation to each such separate
period.
(e) The loading is the amount payable for
the period or the separate periods, as the case may be, stated in subclause (d)
of this clause at the rate per week of 17.5 per cent of the appropriate
ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
their annual holiday together with, where applicable, the additional special
rates as prescribed in subclause (iii) of clause 10, Wages, but shall not
include any other allowances, penalty rates, shift allowances, overtime or any
other payments prescribed by this award.
(f) No loading is payable to an employee
who takes an annual holiday wholly or partly in advance; provided that, if the
employment of such an employee continues until the day when the employee would
have become entitled under the Act to an annual holiday, the loading then
becomes payable in respect of the period of such holiday and is to be
calculated in accordance with subclause (g) of this clause, applying the award
rates of wages payable on that day.
(g) Where, in accordance with the Act the
employer's establishment or part of it is temporarily closed down for the
purpose of giving an annual holiday or leave without pay to the employees
concerned:
(i) An employee who is entitled under the
Act to an annual holiday and who is given and takes such a holiday shall be
paid the loading calculated in accordance with subclause (f) of this clause.
(ii) An employee who is not entitled under
the Act to an annual holiday and who is given and takes leave without pay shall
be paid, in addition to the amount payable to them under the Act, such
proportion of the loading that would have been payable to them under this
clause if the employee had become entitled to an annual holiday prior to the
close-down as their qualifying period of employment in completed weeks bears to
52.
(h) (i) When the employment of an employee is
terminated by their employer for a cause other than
misconduct and at the time of the
termination the employee has not been given and has not taken the whole of an
annual holiday to which they became entitled they shall be paid a loading calculated
in accordance with subclause (e) of this clause for the period not taken.
(ii) Except as provided by paragraph (i) of
this subclause no loading is payable on the termination of an employee's
employment.
(i) This clause extends to an employee who
is given and takes an annual holiday and who would have worked as a shift
worker if the employee had not been on holiday; provided that, if the amount to
which the employee would have been entitled by way of shift work allowances and
weekend penalty rates for the ordinary time (not including time on a public or
special holiday) which the employee would have worked during the period of the
holiday exceeds the loading calculated in accordance with this clause, then
that amount shall be paid to the employee in lieu of the loading.
19. Sick Leave
(a) Any employee who is absent from work on
account of illness or injury by accident arising out of and in the course of
their employment shall be entitled to leave of absence, without deduction of
pay, subject to the following conditions and limitations:
(i) The employee shall not be entitled to
such leave of absence unless they have been in the service of the employer
concerned for at least three months immediately prior to such absence.
(ii) Subject to the provisions of section 50
of the Workers’ Compensation Act 1987
they shall not be entitled to such leave of absence for any period in respect
of which they are entitled to workers’ compensation.
(iii) The employee shall, within 24 hours of
the commencement of such absence, inform the employer of their inability to
attend at their work and, as far as practicable, state the nature of the
illness or injury and the estimated duration of the absence.
(iv) The employee shall prove to the
satisfaction of the employer that they were unable on account of such illness
or injury to attend at their work on the day or days in respect where of such
leave is claimed. (For the purpose hereof the employer may require an employee
to make a statutory declaration verifying the cause and length of their
absence.)
(v) The employee shall not be entitled in
any year (whether during such year in the employ of one or more than one
employer) to sick leave of absence in excess of 38 hours of working time nor to
payment in excess of 40 hours at the ordinary rate. Provided that after the first year of service with an employer,
the entitlement to sick leave during the second and subsequent years shall be
sixty and eight-tenths hours.
(vi) Where an employee claims sick leave in
accordance with this clause for an absence of one day only, and in the past 12
months they have already been allowed paid sick leave on two occasions for one
day only they shall not be entitled to payment for the day claimed unless they
produce to the employer a certificate of a duly qualified medical practitioner
that in the medical practitioner's, opinion the employee was unable to attend
for duty on account of personal illness or injury. Provided that in lieu of a
medical certificate, the employee may submit a statutory declaration stating
that the employee was unable to attend for duty on account of personal illness
or injury.
(b) For the purpose of paragraph (v) of
subclause (a) of this clause, within two weeks of an employee entering their
employment an employer may require an employee to make a statutory declaration
or other written statement as to what leave of absence without deduction of pay
they have had from any employer during the then current year and the employer
shall be entitled to rely and act upon such statement.
(c) For the purpose of this clause,
"year" shall mean a year of service in the employ of the employer
concerned
(d) If the full period of sick leave is not
taken in any year, the whole or any untaken portion shall be cumulative from
year to year; provided that an employee’s entitlement shall be calculated on
the basis of 40 hours in the first year of employment and 64 hours in the
second and subsequent years of employment.
(e) Where an employee other than a seasonal
employee is retrenched by their employer on account of depressed economic
conditions and they are re-engaged by the same employer within a period of
three months, then any sick leave rights that previously accrued to that
employee shall be recredited to them on their re- employment.
20. Personal / Carer's Leave
(a) Use of Sick
Leave
(i) An employee, other than a casual
employee, with responsibilities in relation to a class of person set out in
subclause (a)(i)(B), who needs the employee's care and support, shall be
entitled to use, in accordance with this subclause, any current or accrued sick
leave entitlement, provided for in clause 19, Sick Leave, for absences to
provide care and support for such persons when they are ill. Such leave may be taken for part of a single
day.
(ii) The employee shall, if required,
establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(iii) The entitlement to use sick leave in accordance with this
subclause is subject to:
(A) the employee being responsible for the care of the person
concerned; and
(B) the person concerned being:
(I) a spouse of the employee; or
(II) 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
(III) 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
(IV) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(V) a relative of the employee who is a
member of the same household, where for the purposes of this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
3. "household"
means a family group living in the same domestic dwelling.
(iv) An employee shall, wherever practicable,
give the employer notice prior to the absence of the intention to take leave,
the name of the person requiring care and that person's relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for
the employee to give prior notice of absence, the employee shall notify the
employer by telephone of such absence
at the first opportunity on the day of absence.
(b) Unpaid Leave
for Family Purpose
(i) An employee may elect, with the consent
of the employer, to take unpaid leave for the purpose of providing care and
support to a member of a class of person set out in subclause (a)(iii)(B) who
is ill.
(c) Annual Leave
(i) An employee may elect with the consent
of the employer, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five days in single
day periods or part thereof, in any calendar year at a time or times agreed by
the parties.
(ii) Access to annual leave, as prescribed in
subclause (c)(i), shall be exclusive of any shutdown period provided for
elsewhere under this award.
(iii) 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.
(d) Time Off in
Lieu of Payment for Overtime
(i) 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.
(ii) 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.
(iii) If, having elected to take time as leave
in accordance with subclause (d)(i), 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.
(iv) Where no election is made in accordance
with the said subclause (d)(i), the employee shall be paid overtime rates in
accordance with the award.
(e) Make-up Time
(i) An employee may elect, with the consent
of the employer, to work "make-up time", under which the employee
takes time off ordinary hours, and works those hours at a later time, during
the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(ii) An employee on shift work may elect, with
the consent of the employer, to work "make-up time" (under which the
employee takes time off ordinary hours and works those hours at a later time),
at the shift work rate which would have been applicable to the hours taken off.
(f) Rostered
Days Off
(i) An employee may elect, with the consent of the employer, to
take a rostered day off at any time.
(ii) An employee may elect, with the consent
of the employer, to take rostered days off in part day amounts.
(iii) An employee may elect, with the consent of
the employer, to accrue some or all rostered days off for the purpose of
creating a bank to be drawn upon at a time mutually agreed between the employer
and employee, or subject to reasonable notice by the employee or the employer.
(iv) This subclause is subject to the employer
informing each union which is both party to the award and which has members
employed at the particular enterprise of its intention to introduce an
enterprise system of RDO flexibility, and providing a reasonable opportunity
for the union(s) to participate in negotiations.
21. Bereavement Leave
(a) An employee, other than a casual
employee, shall be entitled to two days bereavement leave without deduction of
pay, up to and including the day of the funeral, on each occasion of the death
of a person within Australia as prescribed in subclause (c) of this clause.
Where the death of a person as prescribed by the said subclause (c) occurs
outside Australia, the employee shall be entitled to two days bereavement
leave.
(b) 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.
(c) Bereavement leave shall be available to
the employee in respect to the death of a person prescribed for the purposes of
personal/carer's leave as set out in subclause (a)(iii)(B) of clause 20,
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.
(d) 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.
(e) Bereavement leave may be taken in
conjunction with other leave available under subclauses (b), (c), (d), (e) and
(f) of the said clause 20. In determining such a request, the employer will
give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
22. Jury Service
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 mount paid in respect of their
attendance for such jury service and the amount of wage they would have
received in respect of the ordinary time they would have worked had they not
been on jury service.
An employee shall notify their employer as soon as possible
of the date upon which they are required to attend for jury service. Further, the employee shall give the
employer proof of their attendance, the duration of such attendance and the
amount received in respect of such jury service.
23. Redundancy
(a) Application
-
(i) This clause shall apply in respect of
full-time and part-time persons employed in the classifications specified by
clause 2, Classifications (Definitions).
(ii) In respect to employers who employ 15
employees or more immediately prior to the termination of employment of
employees, in the terms of subclause (d), termination of Employment, of this
clause.
(iii) Notwithstanding anything contained
elsewhere in this award, this clause shall not apply to employees with less
than one year's continuous service, and the general obligation on employers
shall be 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.
(iv) Notwithstanding anything contained
elsewhere in this award, this clause shall not apply where employment is
terminated as a consequence of conduct that justifies instant dismissal,
including malingering, inefficiency or neglect of duty, or in the case of
casual employees, apprentices or employees engaged for a specific period of
time or for a specified task or tasks or where employment is terminated due to
the ordinary and customary turnover of labour.
(b) Introduction
of Change -
(i) Employer's duty to notify -
(A) Where an employer has made a definite
decision to introduce major changes in production, program, organisation,
structure or technology that are likely to have significant effects on
employees, the employer shall notify the employees who may be affected by the
proposed changes and the union to which they belong.
(B) "Significant effects" include
termination of employment, major changes in the composition, operation or size
of the employer's workforce or in the skills required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs.
Provided that where this award
makes provision for alteration of any of the matters referred to herein, an
alteration shall be deemed not to have significant effect.
(ii) Employer's duty to discuss change -
(A) The employer shall discuss with the
employees affected and the union to which they belong, inter alia, the
introduction of the changes referred to in subclause (b)(i), the effects the
changes are likely to have on employees and measures to avert or mitigate the
adverse effects of such changes on employees, and shall give prompt
consideration to matters raised by the employees and/or the union in relation
to the changes.
(B) The discussions shall commence as early
as possible after a definite decision has been made by the employer to make the
changes referred to in subclause (b)(i).
(C) For the purpose of such discussions, the
employer shall provide to the employees concerned and the union to which they
belong all relevant information about the changes, including the nature of the
changes proposed, the expected effects of the changes on employees and any
other matters likely to affect employees, provided that any employer shall not
be required to disclose confidential information the disclosure of which would
adversely affect the employer.
(c) Redundancy -
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 subclause (b)(i)(A) and that decision may lead
to the termination of employment, the employer shall hold discussions with the
employees directly affected and with the union 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 subclause (c)(i), 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 termination on
the employees concerned.
(iii) For the purpose of the discussion 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, the number and categories of employees likely to be affected, and
the number of employees normally employed and the period over which the
terminations are likely to be carried out.
Provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(d) Termination
of Employment -
(i) Notice for changes in production,
programme, organisation or structure - This subclause sets out the notice
provisions to be applied to terminations by the employer for reasons arising
from production, programme, organisation or structure, in accordance with
subclause (b)(i)(A), of this clause:
(A) In order to terminate the employment of
an employee, the employer shall give to the employee the following notice:
Period of continuous
|
Period of notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(B) In addition to the notice above,
employees over 45 years of age at the time of the giving of the notice, with
not less than two years' continuous service, shall be entitled to an additional
week's notice.
(C) Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that employment may be terminated
by part of the period of notice specified and part payment in lieu thereof.
(ii) Notice for technological change -
This subclause sets out the notice provisions to be applied to
terminations by the employer for reasons arising from technology in accordance
with subclause (b)(i)(A).
(A) In order to terminate the employment of
an employee, the employer shall give to the employee three months' notice of
termination.
(B) Payment in lieu of the notice above
shall be made if the appropriate notice period is not given. Provided that employment may be terminated
by part of the period of notice specified and part payment in lieu thereof.
(C) The period of notice required by this
subclause to be given shall be deemed to be service with the employer for the
purposes of the Long Service Leave Act
1955, the Annual Holidays Act 1944,
or any Act amending or replacing either of these Acts.
(iii) Time off during the notice period -
(A) During the period of notice of
termination given by the employer, an employee shall be allowed up to one day's
time off without loss of pay during each week of notice, to a maximum of five
weeks, for the purpose of seeking other employment.
(B) If the employee has been allowed paid
leave for more than one day during the notice period for the purpose of seeking
other employment the employee shall, at the request of the employer, be
required to produce proof of attendance at an interview or the employee shall
not receive payment for the time absent.
(iv) Employee leaving during the notice period
- If the employment of an employee is terminated (other than for misconduct)
before the notice period expires, the employee shall be entitled to the same
benefits and payments under this clause to which the employee would have been
entitled had the employee remained with the employer until the expiry of such
notice. Provided that in such circumstances the employee shall not be entitled
to payment in lieu of notice.
(v) Statement of employment - The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee a written statement specifying the period of the employee's employment
and the classification of or the type of work performed by the employee.
(vi) Notice to Centrelink - Where a decision has been made to terminate
employees, the employer shall notify Centrelink thereof as soon as possible,
giving relevant information, including the number and categories of the
employees likely to be affected and the period over which the terminations are
intended to be carried out.
(vii) 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.
(viii) Transfer to lower-paid duties -
Where an employee is transferred
to lower-paid duties for reasons set out in subclause (b)(i), the employee shall
be entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee's employment had been terminated, and the
employer may, at the employer's option, make payment in lieu thereof of an
amount equal to the difference between the former ordinary-time rate of pay and
the new ordinary-time rates for the number of weeks of notice still owing.
(e) Severance
Pay -
(i) Where an employee is to be terminated
pursuant to subclause (d), Termination of Employment, of this clause, subject
to further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the employee the following severance pay in respect of a
continuous period of service:
(A) If an employee is under 45 years of age,
the employer shall pay in accordance with the following scale:
Years of service
|
Under 45 years of age entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(B) Where an employee is 45 years of age or over,
the entitlement shall be in accordance with the following scale:
Years of service
|
45 years of age and over entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
|
|
|
(C) "Week's pay" means the all-purpose
rate for the employee concerned at the date of termination and shall include,
in addition to the ordinary rate of pay, overaward payments, shift penalties
and allowances paid in accordance with this award.
(ii) Incapacity to pay - Subject to an
application by the employer and further order of the Industrial Relations
Commission of New South Wales, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (i) of
this subclause.
The Commission shall have regard
to such financial and other resources of the employer concerned as the
Commission thinks relevant, and the probable effect paying the amount of
severance pay in paragraph (i) of this subclause, will have on the employer.
(iii) 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) of this clause, if the employer obtains acceptable alternative
employment for an employee.
(f) Savings Clause - Nothing in this award
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.
24. Protective Clothing
(a) An employer shall periodically provide
or make provision for the supply to all employees with one week's service or
more of two sets of overalls or uniforms and caps, for use while working. For the purpose of this clause
"uniform" shall mean:
Males: Such clothing as affords protection equivalent to a
short- sleeved shirt and long rousers.
Females: Such clothing as affords protection equivalent to a short -
sleeved dress.
(b) If the nature of an employee's work
requires that they wear special footwear, gloves or suitable aprons, then these
shall be supplied by the employer.
(c) The articles so supplied, or for which
provision has been made, shall be the property of the employer, who may deduct
an appropriate amount from any monies due if such clothing is not returned on
termination of employment.
(d) Overalls, uniforms and caps supplied by
the employer shall be laundered by the employer or, in lieu thereof, the
employer shall pay a laundry allowance as set out in Item 4 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates.
25. Tools of Trade
The employer shall provide all tools of trade required to be
used by employees in the course of their employment.
26. First-aid
The employer shall provide and maintain in every factory or
workshop a properly equipped first-aid ambulance chest which shall be a
suitable dustproof receptacle made of either metal or wood and shall make it
available for the use of employees in some accessible place in the said factory
or workshop. (See also section 60 of the Factories,
Shops and Industries Act 1962).
27. Amenities
See provisions of the Factories,
Shops and Industries Act 1962.
28. Dispute Procedure
(a) Procedures
relating to grievances of individual employees:
(i) The employee is required to notify (in
writing or otherwise) the employer as to the substance of the grievance,
request a meeting with the employer for bilateral discussions and state the
remedy sought.
(ii) A grievance must initially be dealt with
as close to its source as possible, with graduated steps for further discussion
and resolution at higher levels of authority.
(iii) Reasonable time limits must be allowed for discussion at each
level of authority.
(iv) At the conclusion of the discussion, the
employer must provide a response to the employee's grievance, if the matter has
not been resolved, including reasons for not implementing any proposed remedy.
(v) While a procedure is being followed, normal work must
continue.
(vi) The employee may be represented by an industrial organisation
of employees.
(b) Procedures
relating to disputes, etc., between employers and their employees -
(i) A question, dispute or difficulty must
initially be dealt with as close to its source as possible with graduated steps
for further discussion and resolution at higher levels of authority.
(ii) Reasonable time limits must be allowed for discussion at each
level of authority.
(iii) While a procedure is being followed, normal work must
continue.
(iv) The employer may be represented by an
industrial organisation of employers and the employees may be represented by an
industrial organisation of employees for the purposes of each procedure.
29. Anti-Discrimination
(a) It is the intention of the parties
bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(b) It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It
will be consistent with the fulfilment of these obligations for the parties to
make application to vary any provision of the award, which, by its terms or
operation, has a direct or indirect discriminatory effect.
(c) Under the Anti-Discrimination Act, 1977 it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct or act which is specifically exempted from
anti-discrimination legislation.
(ii) offering or providing junior rates of pay to persons under 21
years of age.
(iii) any act or practice of a body established
to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.
(iv) a party to this award from pursuing
matters of unlawful discrimination in any state or federal jurisdiction.
(e) This clause does not create legal
rights or obligations in addition to those imposed upon the parties by the
legislation referred to in this clause.
NOTES
(i) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(ii) 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.
30. Right of Entry
See Chapter 5, Part 7 of the Industrial Relations Act 1996.
31. Posting of Notices
The Union, subject to the employer’s approval, shall be
permitted to post notices in each factory regarding union business on notice
boards provided for the purpose.
32. Enterprise Consultative
Mechanism
At each enterprise, there shall be established a
consultative mechanism and procedures appropriate to their size, structure and
needs for consultation and negotiation on matters affecting their efficiency
and productivity.
33. Award to be Posted
See Chapter 7, Part 1 of Industrial
Relations Act 1996.
34. Area, Incidence and
Duration
This award rescinds and replaces the following awards:
Confectioners (State Wage Case 1996) (State) Award published
22 November 1996 (295 IG 1012) and all variations thereof.
Confectioners Family Leave Provisions (State) Award
published 17 November 1995 (289 IG 593) and all variations thereof.
Confectioners Remuneration (State) Award published 30 June
1995 (286 IG 455) and all variations thereof.
This award replaces the Confectioners (State) Award
published 10 February 1995 (283 I.G. 960) as varied,
It shall apply to confectioners, assistants and other
employees engaged in the manufacture of confectionery, chocolate, cocoa,
licorice, chewing gum or sweetmeat to the finished article, whether by hand or
machine, in the State, excluding the County of Yancowinna, within the
jurisdiction of the Confectioners (State) Industrial Committee.
The changes made to the award pursuant to the Award Review
pursuant to Section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 18 December
1998 (308 I.G. 307) take effect on 21 May 2001.
The award remains in force until varied or rescinded, the
period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Rates of Pay
(i) Adult
Employees -
Level
|
Total Rate per week
$
|
Level 5
|
392.10
|
Level 4
|
404.60
|
Level 3
|
417.10
|
Level 2
|
446.30
|
Level 1
|
463.00
|
(ii) Juniors -
|
Percentage of Confectioner Level 4 Rate
|
Under 16 Years of age
|
55
|
At 163. years of age
|
65
|
At 17 years of age
|
75
|
At 18 years of age
|
85
|
At 19 years of age
|
Appropriate adult
rate
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1.
|
12
|
First-aid allowance
|
8.25
|
2.
|
12
|
Heat allowance
|
|
|
|
In excess of 46C.
|
0.28 per hour
|
|
|
In excess of 56C.
|
0.35 per hour
|
3.
|
8
|
Meal allowance
|
7.45 per week
|
4.
|
24
|
Laundry allowance
|
2.15 per week
|
Confectioners (State) Industrial Committee
Industries and Callings
Confectioners, assistants and other employees engaged in the
manufacture of confectionery, chocolate, cocoa, licorice, chewing gum or
sweetmeat to the finished article, whether by hand or machine, in the State,
excluding the County of Yancowinna;
Excepting -
Engine drivers and firepersons, greasers, trimmers, cleaners
and pumpers, engaged in or about the driving of engines, electrical crane,
winch and motor drivers; and
Carter, grooms, stablepersons, yard persons, and drivers of
motor and other power propelled vehicles.
J. P. GRAYSON, DP
____________________
Printed by the authority of the Industrial Registrar.