Transport Industry Armoured Cars, &C.
(State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review
of award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 3588
of 1999)
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Before the Honourable Justice Marks
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30 July 2001
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REVIEWED AWARD
CONTENTS
SECTION I WAGES, ALLOWANCES, AND HOURS OF EMPLOYMENT
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1.
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Wages
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2.
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Allowances
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3.
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Hours of Employment
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4.
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Shift Work
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5.
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Overtime
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6.
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Sunday Work
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7.
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Casual Employees
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8.
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Payment of wages
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9.
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Meal Breaks and Allowances
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SECTION II - LEAVE
ENTITLEMENTS AND PUBLIC HOLIDAYS
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10.
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Annual Leave
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11.
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Long Service Leave
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12.
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Sick Leave
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13.
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Personal/Carer's Leave
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14.
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Bereavement Leave
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15.
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Public Holidays
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SECTION III -
INDUSTRIAL RELATIONS AND THE UNION
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16.
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Dispute Settlement Procedure
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17.
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Union Delegate
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18.
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Union Notice Board
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19.
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Right of Entry
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20.
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Union Picnic Day
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SECTION IV - OTHER
PROVISIONS
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21.
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Jury Service
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22.
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Limitation of Overtime
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23.
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Terms of Employment
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24.
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Insurance for Employees
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25.
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Accident Pay
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26.
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Amenities
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27.
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Uniforms
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28.
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Wet Weather Clothing
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29.
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Mixed Functions
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30.
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Unauthorised Persons Riding on Vehicles
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31.
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Recall
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32.
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Commitment to Training
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33.
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Definitions
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34.
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Redundancy
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35.
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Superannuation
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36.
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Anti-Discrimination
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37.
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Leave Reserved
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38.
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Area, Incidence and Duration
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PART B
MONETARY RATES
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Table 1
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Wages
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Table 2
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Other Rates and Allowances
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Table 3
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Income Protection on Six-day rosters
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PART A
SECTION I - WAGES, ALLOWANCES AND HOURS OF EMPLOYMENT
1. WAGES
1.1 Employees
shall be paid the weekly rates of pay set out in Table 1 of Part B of this
Award.
1.2 For the purpose of computing wages,
overtime etc., the additional amounts referred to in sub-clauses 2.2 and 2.3 of
Clause 2 - Allowances form part of the award rate for and when the work is
performed.
2. ALLOWANCES
2.1 An employee required by an employer to
carry keys to two key safes or possess and use knowledge of vault combinations
shall be paid an additional amount as set out in Item 1 of Table 2 - Other
Rates and Allowances of Part B; provided that this allowance will not be paid
when the Reserve Bank allowance is payable.
2.2 Each member of the crew performing
mobile cash units (M.C.U.) country work shall be paid an additional amount as
set out in Item 2 of Table 2 - Other Rates and Allowances of Part B.
2.3 ATM Work
2.3.1 An employee rostered to hold him/herself in
readiness to perform work associated with off-site Automatic Telling Machines
outside ordinary working hours in accordance with a condition of contract
between the employer and the Automatic Telling Machine proprietor shall be paid
a standby allowance as set out in item 3 of Table 2 - Other Rates and
Allowances of Part B.
2.3.1.1 provided that where the major
portion of standby roster falls on a Saturday, Sunday or Public Holiday, the
higher rate should be paid.
2.3.2 where an employee so rostered to standby is
recalled to work, normal award recall provisions shall apply. Such payment shall apply in lieu of the
allowance contained in paragraph 2.3.1 above.
2.3.3 Further, where an employee on recall
provided his/her own vehicle and uses it in the performance of his/her duties,
an allowance as set out in Item 4 of Table 2 shall be paid and shall be
calculated on a home-to-home basis.
Such allowance is paid on the understanding that the employee is
responsible for all comprehensive and third part insurance associated with the
use of that vehicle.
2.4 An employee appointed by the employer to
perform first-aid duty shall be paid an amount as set out in item 5 of Table 2
- Other Rates and Allowances of Part B, in addition to his/her ordinary rate
during such appointment.
3. HOURS OF EMPLOYMENT
3.1 The ordinary hours of work for all
employees shall not exceed 38 hours per week or 76 hours per fortnight or 114
hours per 3 weeks or 152 hours per 4 weeks and shall be worked between Monday
and Friday inclusive.
3.2 The ordinary hours of work prescribed in
3.1 above, may also be worked upon a Saturday, provided that:
3.2.1 The number of ordinary hours to be worked on
a Saturday shall not be less than 7.6 or more than 8;
3.2.2 Employees working ordinary hours on a
Saturday shall be paid an additional 50% of the rates prescribed for their
respective classifications for the ordinary hours worked on that day;
3.2.3 Any permanent employee employed as at
18/12/1998 by an employer who, prior to 18/12/1998, regularly worked ordinary
hours Monday to Friday and overtime Saturday, and as a result of this award is
required to work Saturday as an ordinary day, shall receive not less than the
amounts shown in Table 3 of Part B of this award for the relevant
classification for ordinary hours worked: provided that this restriction shall
not apply where an employee elects to forego income which exceeds the
employee’s base rate of pay in return for an alternative benefit (e.g. time off
in lieu of overtime, increased leisure time etc.), or otherwise where the union
agrees that it shall not apply. "Regularly" in this context means at
least two weeks in four. The amounts referred to in Table 3 are only payable in
a pay week in which the employee actually worked Saturday as an ordinary day.
3.2.4 Any employee required to work ordinary hours
on a Saturday will be given a minimum of 7 days notice; and
3.2.5 The employee must have Sunday and Monday as days off (unless
they are worked as overtime).
3.3 The ordinary hours of work for all
employees shall not exceed 8 hours per day, exclusive of meal breaks, and shall
be worked between the hours of 6.00am and 6.00pm.
3.4 The 38 hour
week may be worked under one of the following methods:
3.4.1 Rostered Day Off in a 4 Week Cycle
3.4.1.1 Employees shall work to a roster
drawn up in each workplace providing for 19 days each of 8 hours over a
continuous 4 week period.
3.4.1.2 Each employee shall take a
rostered day off in accordance with the roster.
3.4.1.3 Rostered days off may be
accumulated to a maximum of 10 days over a 40 week period. Rostered days off may be credited to and be
taken by an employee in advance to a maximum of 5 days.
3.4.1.4 In those arrangements where
rostered days off are not accumulated an employer may, due to operational
requirements, require an employee not to take a rostered day off during the
period it accrues. In this event a
replacement rostered day off shall be taken on the following basis:
3.4.1.4.1 Where the rostered day off not taken was
either a Friday or Monday, the next practicable Friday or Monday shall be taken
as a replacement rostered day off.
3.4.1.4.2 Where the rostered day off not taken was a
Tuesday, Wednesday or a Thursday, the replacement rostered day off shall be
taken on the first practicable day available for the taking of such replacement
rostered day off.
3.4.1.5 Otherwise an employee’s normal
rostered day off may be changed during the currency of a roster period by
agreement between the employer and such employee. In the absence of such agreement 48 hours notice of such alteration
shall be given to the employee.
3.4.1.6 Calculation of Payment: Payment shall be for 7 hours 36 minutes per
day with accrual as entitlement for a rostered day off being made on the basis
of a 19 day period where an employee works 152 hours within a work cycle not
exceeding 28 consecutive days at 24 minutes per day.
3.4.1.7 An employee whose rostered day off
occurs on a pay day shall be paid wages on the next ordinary working day
following the rostered day off.
3.4.1.8 Where an employer is required to
service a particular industry or plant or section thereof and there has been a
cessation of operations resulting from annual closedown, such employer may
require employees to take a rostered day or days off to coincide with the day
or days that the operations are closed.
In this event, a rostered day or days off which would normally become
due to the employee shall not become so due for the number of days taken
pursuant to the provisions of this paragraph; provided however that an employee
disadvantaged in terms of leisure time by a rostered day or days off normally
falling on a Friday or a Monday being required to be taken on a Tuesday,
Wednesday or Thursday, then such employee shall be rostered to take a Friday or
Monday day off on the earliest practicable opportunity upon the normal roster
being resumed.
3.4.1.9 Where an employee works an
ordinary day on a Saturday pursuant to clause 3.2, such employee’s rostered day
off must not be rostered to occur on a Saturday.
3.4.2 Other Than a Rostered Day Off in a 4 Week Cycle
3.4.2.1 Where an employer is required to
service a particular industry or plant or section thereof which is operating
under arrangements for a reduced working week other than that provided for in
clause 3.4.1, the employer may arrange the hours of work of an employee to be
applicable to that particular industry or plant, or section thereof, provided
that such hours shall not be in excess of the normal hours of work permitted by
this clause.
3.4.2.2 The employer may require employees
to work ordinary hours over 5 days, Monday to Friday inclusive, which shall not
exceed 38 hours, which may be worked over 4 days of 8 hours each and 1 day of 6
hours. On the day on which 6 hours is
worked, those 6 hours may be worked continuously without a meal break.
3.4.2.3 The employer may require employees
to work ordinary hours over a 2 week period (10 working days) Monday to Friday
inclusive of not more than 76 hours. To
achieve this, the employer may roster employees off, half a day (4 hours) on
one of the days in one of those normal working weeks.
3.5 More than one of the methods of
implementation of an average 38 hour working week referred to in this clause
may be simultaneously implemented for different groups of workers in the one
workplace; provided that agreement shall be reached with the majority of
employees so affected.
3.6 Methods of implementation of an average
38 hour working week other than those referred to in this clause may be
instituted by arrangement with the Union.
3.7 In response to changed requirements of
the employer’s clients, the employer may alter the method(s) by which a 38 hour
week is worked in the workplace, provided that the altered method(s) so chosen
shall comply with the requirements of this clause.
3.8 Start and
Finish Times
3.8.1 Within the limits prescribed in this clause,
each employer shall fix the time and place at which each employee shall be in
attendance at the workplace or other agreed starting place ready to commence
work in ordinary working hours and work shall be deemed to have commenced, for
each employee in attendance, at the time and place so fixed.
3.8.2 Working in ordinary working hours shall be
deemed to have finished, for those employees in attendance, when a period of 8
hours, exclusive of a break for a meal, calculated from the fixed starting
time, has elapsed.
3.8.3 Different starting times within the span of
ordinary hours may apply to different groups of employees in a workplace.
3.8.4 Any employee who is not in attendance at the
workplace or other agreed starting place ready to commence work at the fixed
starting time or who fails to attend for eight hours from that time shall be
paid only for the actual hours worked.
3.8.5 The employer may only alter the time and
place fixed in accordance with subclause 3.8.1 above, by notice posted for 7
days at the workplace or other agreed starting place; provided that the start
time may be changed where it is necessary for reasons beyond the employer’s
control by notification before the end of the previous day’s work or with 24
hours notice where work has not been performed the previous day.
3.9 Casual Employees - Irrespective of hours
worked, a casual employee shall be paid for a minimum of four hours worked for
each start.
3.10 Part-time
Employees
3.10.1 A part-time employee shall be one who is
employed to work regular days and regular hours, either of which are less than
the number of days or hours worked by weekly employees, but such days shall not
be less the 3 per week and such hours shall not be less than 20 per week.
3.10.2 The spread of hours of a part-time employee
shall be as set out in subclause 3.1 of this clause or in clause 5, Shiftwork,
depending upon the system of work applicable to the employee in question.
3.10.3 The rate of pay for a part-time employee shall
be commensurate with the applicable minimum weekly rate of pay for a full-time
employee proportionate to the number of hours worked by the part-time employee.
3.10.4 Notwithstanding anything else contained in
this award, the provisions of this award with respect to annual leave, annual
leave loading, sick leave, jury service, bereavement leave and public holidays
shall apply to part-time employees.
3.10.5 Part-time employment may be offered on a fully
voluntary basis to any existing employee, permanent or casual, as well as to
new or intending employees.
3.10.6 Part-time employees may be offered additional
work up to 38 hours per week at ordinary pay, provided that overtime rates are
paid after 8 hours work in any one day.
4. SHIFTWORK
4.1 Employees may be required to work
shiftwork in order to carry out the duties of and associated with the delivery,
collection, and/or transportation of cash, bullion, or valuables or to provide
any other goods or services, the subject of this Award, at the discretion of
the employer.
Provided that:
4.1.1 Permanent employees engaged at the time of
the insertion of this clause into the Transport Industry ‑ Armoured Cars
&c. (State) Award shall have the option of rejecting any initial offer so
to do.
4.1.2 All other employees shall perform shiftwork where so required by
the employer.
4.2 Definitions
"Afternoon Shift" means
any shift, which commences after 10.00am and at or before 4.00pm.
"Night Shift" means any
shift, which commences after 4.00pm and at or before 4.00am.
"Morning Shift" means
any shift, which commences between 4.00am and 6.00am.
"Day Shift" means any
shift, which commences at or after 6.00am or before 10.00am.
"Rostered Shift" means a
shift of which the employee concerned has had at least 48 hours' notice.
"Permanent Shift" means
a shift which does not rotate with another shift or shifts or day work and
which continues for a period of at least four (4) consecutive weeks.
"Rotating Shift" means a
morning, afternoon or night shift which rotates with another shift or day shift
so at least one third of working time is on an alternative shift.
"Seven Day Shift Worker"
means an employee who is rostered to work regularly on Saturdays, Sundays and
Public Holidays.
"Shiftwork" shall mean
all work performed on shifts extending for at least four (4) consecutive weeks.
4.3 Hours - The ordinary hours of work for
shift workers shall not exceed 38 hours per week over the full cycle of the
relevant work roster. Ordinary hours
shall not exceed:
4.3.1 8 during any consecutive 24 hours period; or
4.3.2 152 in any 28 consecutive days.
Provided that the ordinary hours
of work for shiftworkers and the definition times for afternoon, night and
morning shift may be the subject of an alternative agreement between the
employer and the employees where business requirements fall outside those set
out in 4.2 and 4.3 above. In any case,
the maximum daily hours shall be ten hours.
Any such discussions will involve
the union delegate or an authorised representative of the Union and any
agreement reached shall be notified to the Union Secretary.
4.4 Shiftwork
Allowances
4.4.1 An employee required to work shift shall be
paid an extra percentage loading on his/her minimum weekly rate of pay for
ordinary hours as follows:
Monday to Friday inclusive.
Afternoon Shift - 17 ½ per cent.
Night Shift ‑ 30 per cent.
Morning Shift - 12 ½ per cent.
Rotating Shift Morning/afternoon
shifts ‑ 15 per cent
Rotating Shift Night Shift with
another shift ‑ 25 per cent.
Provided that where a lower shift
rate is currently being paid, the Union and the employer concerned shall meet
to discuss appropriate procedures for transition to the new rates.
4.4.2 Weekend Work and Public Holidays
Saturday - (between midnight
Friday and midnight Saturday). Paid at the rate of time and a half for all
ordinary time worked.
Sunday - (between midnight
Saturday and midnight Sunday) Paid at the rate of double time.
Public Holidays - (between
midnight the previous day and midnight on the Public Holiday). Paid in accordance with clause 8, Public
Holidays.
The rates prescribed in this
paragraph for weekend work and Public Holidays shall apply instead of the shift
loadings in paragraph 4.4.1.
4.4.3 All overtime worked between midnight Friday
and midnight Sunday shall be paid for at double the ordinary time rate.
4.5. Meal Breaks
and Crib Time
4.5.1 No employee shall be required to work for
more than five (5) hours without a meal break (crib time) except in the case of
an employee who is required to continue work after the normal finishing time
for less than two (2) hours. Provided
that an employee may work for up to six hours without a meal break (crib time)
with the consent of the Union. The said five (5) hours is to be calculated from
time of starting work or from the end of the previous meal break or crib time,
whichever applies.
4.5.2 An employee shall have a twenty minute paid meal break during
each ordinary shift.
4.6 Overtime
Overtime at the rate of time and
one half for the first two (2) hours and double time thereafter shall be paid
to all shift workers as follows:
4.6.1 For all time worked before the starting time or after the
finishing time fixed for each shift.
4.6.2 For all time worked in excess of the daily limitation of the
hours of each shift.
4.6.3 For all time worked in excess of the
ordinary hours of work per week arrived at in accordance with paragraphs 4.3.1
and 4.3.2, of sub‑clause 4.3, of this clause.
4.6.4 On the computation of overtime each day or
shift shall stand alone and portions of hours shall be taken to the nearest one‑tenth
of an hour.
4.6.5 The rates prescribed in this paragraph shall apply instead of
the shift loadings in paragraph 4.4.1.
4.7 Meal
Allowance and Overtime Crib Break
An employee who is required to
work overtime on any day for a period of two (2) hours or more after their
normal finishing time shall be allowed a paid crib break of twenty minutes.
This break shall be taken at a
time fixed by the employer not later than five (5) hours after the end of the
previous meal break. Provided that an employee may work for up to six hours
without a meal break with the consent of the union.
Where an employee is not notified
at least twenty‑four hours in advance that overtime would be required,
shall be paid a meal allowance of the amount set out in Item 6 of Table 2 of
Part B.
Meal breaks or crib times may, at
the discretion of the employer, be staggered in such a way as to permit continuity
of operations.
In accordance with business
requirements an employee may be needed to work through their usual meal break
until such time as it is practical to take a break.
4.8 Shift
Rosters
4.8.1 Shift rosters shall specify the commencing
and finishing times of ordinary hours of respective shift. A copy of such shift roster shall be kept
posted in a prominent place. Such
roster shall not be altered unless 48 hours notice is given.
Overtime rates shall apply to work
performed outside the ordinary shift hours where such notice is not given.
In cases of changes necessitated
outside the control of the employer, twenty‑four hours' notice shall
apply in lieu of forty‑eight hours' notice.
4.8.2 The method of working shifts and the time of
commencing and finishing shifts may be varied by agreement between the employer
and the Branch Secretary of the Union (or his Nominee) and the accredited
representative of the Union at the employer's establishment to suit the
circumstances of the establishment.
4.9 Rostered Day
Off Falling On Holiday (Shift Workers)
An employee whose rostered day off
falls on a public holiday prescribed under this Award to which a day worker
(whose ordinary hours are worked Monday to Friday inclusive) is entitled
without loss of pay as provided in this Award, and who is not required to work,
shall receive eight (8) hours ordinary pay in addition to his/her weekly wage.
Where an employee with twelve
months’ continuous service is engaged for part of the twelve-month period as a
seven-day shift worker, they shall be entitled to have the annual leave
prescribed in clause 10, Annual Leave, increased by one day for each 36
ordinary shifts worked as a seven-day shift worker.
5. OVERTIME
5.1 Overtime at the rate of time and one half
for the first two hours and at the rate of double time thereafter shall be paid
to all employees as follows:‑
5.1.1 For all time worked between the earliest and
latest times mentioned in clause 3, Hours, of this Award, in excess of
thirty-eight hours in any one week or in excess of the ordinary hours of work
in any holiday week.
5.1.2 For all time worked between such earliest
and latest times in excess of the daily limitations prescribed in the said
clause 3 or before the usual commencing or after the usual finishing time.
5.1.3 For all time worked before the said earliest time and for all
time worked after the said latest time.
5.1.4 For all time worked on a Saturday: (Other
than in accordance with clause 3.2). An employee required to attend for work on
a Saturday and so attending for work shall be regarded, for the purpose of this
clause, as having worked for at least four hours at the rate of this clause, as
having worked for at least four hours at the rate of remuneration provided for
by this Award, whether actual work for the said four hours or any part thereof
has been provided for him by his employer or not. An employee shall be paid at the rate of double time for all time
worked after 12 noon.
5.1.5 For the purpose of the computation of
overtime, each day shall stand alone; provided that any overtime shall not be
paid twice for the same hours worked.
5.1.6 Casual ‑ In the case of casual
employees, the overtime rate shall be calculated on the casual rate of pay.
5.2 Where an employee has been notified that
he/she is required to work overtime, not being overtime commencing immediately
after the completion of his ordinary hours of work, and the requirement to work
such overtime subsequently is cancelled, the following shall apply:
5.2.1 Where at least six hours' notice of cancellation is given, no
payment shall be made.
5.2.2 Where less than six hours and at least three
hours notice is given, two hours at the appropriate rate shall be paid.
Where less than three hours
notice is given, four hours at the appropriate rate shall be paid.
6. SUNDAY WORK
An employee required to work on a Sunday shall be paid
double time and shall be guaranteed four hours’ work or shall be paid for four
hours at the appropriate rate.
7. CASUAL EMPLOYMENT
7.1 The minimum hourly rates of pay for
casual employees shall subject to the other provisions of this award, be one
thirty-eighth of the weekly rate prescribed by this Award for the appropriate
type of work which is performed plus 17.5 percent.
7.2 The casual loading being 2.5 percent
higher than the equivalent rate in the Transport Industry (State) Award (301
I.G. 206) is in acknowledgment of the right of the employer to engage any
number of casual employees, irrespective of the number of weekly employees
engaged.
8. PAYMENT OF WAGES
8.1 Subject to clause 8.6, all wages shall
be paid weekly in cash or by electronic funds transfer, on Tuesday or Wednesday,
as determined by the employer, and the day, on being fixed, shall not be
altered more than once in three months. Where a public holiday falls on a
Tuesday or Wednesday (being a pay day), the payment of wages that week shall,
as far a practicable, be made on the preceding workday. Provided that wages may
be paid be cheque with the agreement of a majority of employees at each yard.
8.2 No employee
should have the pay day changed unless given at least seven (7) days’ notice.
8.3 Except as otherwise provided for in this
clause no employer shall hold more than two days’ wages in hand.
8.4 Where an employer holds less than two
days’ wages in hand, payment for any overtime worked after the normal finishing
time on the last day of the pay week shall be paid to the employee on the next
succeeding pay day.
8.5 Casual
employees shall be paid at the end of each day or at the termination of their
casual employment.
8.6 Where wages are paid in cash, they shall
be paid to the employee at the workplace or other agreed starting place or
otherwise by agreement between the employer and the employee or employees
concerned.
8.7 Where wages are paid in cash, wages
shall be paid without unnecessary delay after the employee ceases work on
payday. An employee kept waiting for wages on payday for more than a quarter of
an hour after ceasing work shall be paid at overtime rates after that quarter
of an hour with a minimum payment equal to 1/5th of an hour.
8.8 In the case of an employee whose
services are terminated on other than a pay day such employee shall be paid all
wages due either prior to or immediately upon cessation of work on the final
day of employment.
8.9 An employee, other than a casual
employee, who desires to terminate employment on a day other than pay day shall
give notice to the employer on commencing work in the morning in which case the
employee shall be paid all wages due when the employee has finished the day’s
work, otherwise wages may be paid on the following working day at a time
stipulated by the employer but not later than 12 midday.
8.10 Each employee shall be supplied with a pay
envelope or statement in writing on which shall be endorsed:-
8.10.1 The name and classification of the employee.
8.10.2 The gross amount of wages, inclusive of overtime and other
earnings.
8.10.3 The amount paid as overtime or such
information as will enable the 8.10.4 amount paid as overtime to be calculated
by the employee.
8.10.4 The amount deducted for taxation purposes.
8.10.5 Particulars of all other deductions or the total amount of such
deductions; and
8.10.6 The net amount paid.
9. MEAL BREAKS
9.1 On the days Monday to Friday, inclusive,
each employee shall be entitled to a meal break.. In the case of employees who are required to remain in the
vehicle during the meal break, the break shall be for a period of forty‑five
minutes unless the reasonable requirements of the business otherwise require,
when it shall be not less than thirty minutes.
In either case, an allowance equal to forty‑five minutes' pay at
the ordinary rate for a weekly employee in the classification of armoured car
driver shall be paid to such employee on each such occasion. In the case of employees who take the meal
break at the yard, depot or garage, the meal break shall be for a period of not
less than forty‑five minutes nor more than one hour. Meal breaks must be taken between 12 noon
and 2 p.m.
9.2 When an employee is called upon to work
before 6.15 a.m. he shall be allowed a crib time of fifteen minutes between 8
a.m. and 9 a.m. and, when an employee is required to work on a Saturday beyond
1 p.m. he/she shall be allowed thirty
minutes' crib time, and when called upon to work up to 8 p.m. on any one day, he/she
shall be allowed thirty minutes' crib time.
The foregoing crib times shall be counted as time worked.
9.3 If eight hours are worked on a Saturday
or a Sunday, the usual weekday meal hours shall be allowed and the provisions
prescribed in subclause 9.2 of this clause, with relation to crib time shall
not apply.
9.4 No employee shall work nor shall be
required to be on duty for a period exceeding 5 hours without a meal or crib
break. Such time shall be calculated
from the completion of the last preceding break. Provided that an employee may work for up to six hours without a
meal break with the consent of the union.
All meal breaks of a lesser period than 30 minutes shall be included as
time worked.
9.5 An employee who is required to work
overtime on any weekday for a period of two and one-half hours or more after
his normal finishing time shall be paid a meal break allowance of the amount as
set out in Item 7 of Table 2 of Part B - Monetary Rates.
SECTION II - LEAVE ENTITLEMENTS AND PUBLIC HOLIDAYS
10. ANNUAL LEAVE
10.1 See Annual Holidays Act 1944.
10.2 An employee at the time of his/her
entering upon a period of annual leave in accordance with Section 3 of the
Annual Holidays Act shall be entitled to an additional payment in respect of
the period of employment to which the said leave is referable, calculated on
the basis of 3 1/3 hours' ordinary pay for each month.
10.3 In addition to the leave provided for by
subclause 10.1 of this clause, 7 day shift workers (that is, shift workers who
are rostered to work regularly on Sundays and holidays) shall be allowed one
week's leave; provided that if during the year of employment an employee has
served for only a portion of it as a 7 day shift worker, the additional leave
shall be one day for each 36 ordinary shifts worked as a 7 day shift
worker. In this subclause, reference to
one week and one day shall include holidays and non‑working days.
10.4 Leave is
reserved to the parties to apply in respect of this clause.
11. LONG SERVICE LEAVE
See Long Service Leave
Act 1955.
12. SICK LEAVE
12.1 "Year" shall mean the period of
twelve months measured for each employee from the date of commencement of the
employee’s current period of employment. Notwithstanding anything contained
herein to the contrary for an employee who commenced employment prior to 1
December, 1998 "Year" shall mean the period from 1 July to 30 June
next following.
12.2 An employee, other than a casual employee,
with not less than three months' continuous service as such in the industry
covered by this Award, who is absent from his/her work by reason of personal
illness or injury not being illness or injury arising from the employee's
misconduct or from an injury arising out of or in the course of employment,
shall be entitled to leave of absence, without deduction of pay, subject to the
following conditions and limitations:
12.2.1 He/she shall, unless it is not reasonably
practicable so to do (proof of which shall be on the employee), before his/her
ordinary starting time on the first day of his/her absence, and in any event
within twenty‑four hours, inform the employer of his/her inability to
attend for duty and, as far as practicable, state the nature of the illness or
injury and the estimated duration of the absence.
12.2.2 He/she shall furnish to the employer such
evidence as the employer may reasonably desire that he/she was unable, by
reason of such illness or injury, to attend for duty on the day or days for
which sick leave is claimed.
12.2.3 Except as hereinafter provided, he/she shall
not be entitled in any year (as defined), whether in the employ of one employer
or several in the industry in such year to leave in excess of forty hours of
ordinary working time. Provided that:
12.2.3.1 if his/her employment continues with the
one employer after the first year, his/her leave entitlement shall increase to
a maximum of 64 hours of ordinary working time at which figure it shall remain
for any subsequent years of continued employment.
12.2.3.2 if the employment of an employee who has
become entitled to leave in accordance with 12.2.3.1 above is terminated for
any reason he/she shall not be entitled in the employ of any employer in the
industry, in that year, to leave excess of 40 hours of ordinary working time.
12.3 For the purpose of administering paragraph
12.2.3, an employer, within one month of this Award coming into operation or
within two weeks of the employee entering his/her employment, may require an
employee to make a statutory declaration or other written statement as to what
paid leave of absence he/she has had from any employer during the then current
year and upon such statement the employer shall be entitled to rely and act.
12.4 The rights under this clause shall
accumulate from year to year, so long as his/her employment continues with the
one employer, so that any part of the leave entitlement which has been allowed
in any year may be claimed by the employee and shall be allowed by that
employer, subject to the conditions prescribed by this clause, in a subsequent
year of continued employment.
12.5 If an award holiday occurs, during an
employee's absence on sick leave then such award holiday shall not be counted
as sick leave.
12.6 Service before the date of coming into
force of this clause shall be counted as service for the purpose of assessing
the sick leave entitlement in any year under subclause 12.2.3 of this clause,
but shall not be taken into consideration in arriving at the period of
accumulated leave.
12.7 Accumulated sick leave at the credit of an
employee at the commencement of this Award shall not be affected nor reduced by
the operation of this clause.
13. PERSONAL/CARER'S LEAVE
13.1 Use of Sick
Leave
13.1.1 An employee other than a casual employee, with
responsibilities in relation to a class of person set out in subparagraph
13.1.3.2.3 of paragraph 13.1 who needs the employee's care and support, shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement, provided for at clause 12 - 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.
13.1.2 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 carers leave under this subclause
where another person has taken leave to care for the same person.
The entitlement to use sick leave
in accordance with this subclause is subject to:
13.1.3.1 the employee being responsible for the care of the person
concerned; and
13.1.3.2 the person concerned being:
13.1.3.2.1 a spouse of the employee; or
13.1.3.2.2 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
13.1.3.2.3 a child or an adult child (including an
adopted child, step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling or the employee or spouse or de facto spouse of the employee; or
13.1.3.2.4 a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
13.1.3.2.5 a relative of the employee who is a
member of the same household, where for the purposes of this subparagraph:
13.1.3.2.5.1 "relative" means a person related
by blood, marriage or affinity;
13.1.3.2.5.2 "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
13.1.3.2.5.3 "household" means a family
group living in the same domestic dwelling.
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.
13.2 Unpaid Leave
for Family Purpose
13.2.1 An employee may elect, with the consent of
the employer, to take unpaid leave for the purpose of providing care and
support to a member of a class of person set out in subparagraph 13.1.3.2.3 of
subclause 13.1 above who is ill.
13.3 Annual Leave
13.3.1 An employee may elect with the consent of
the employer, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five (5) days in single
day periods or part thereof, in any calendar year at a time or times agreed by
the parties.
13.3.2 Access to annual leave, as prescribed in
paragraph 13.4.1 of this subclause, shall be exclusive of any shutdown period
provided for elsewhere under this award.
13.3.3 An employee and employer may agree to defer
payment of the annual leave loading in respect of single day absences, until at
least five (5) consecutive annual leave days are taken.
13.4 Time Off in
Lieu of Payment for Overtime
13.4.1 An employee may elect, with the consent of
the employer, to take time off in lieu of payment for overtime at a time or
times agreed with the employer within twelve (12) months of the said election.
13.4.2 Overtime taken as time off during ordinary
time hours shall be taken at the ordinary time rate, that is an hour for each
hour worked.
13.4.3 If, having elected to take time as leave in
accordance with paragraph 13.4.1 above, the leave is not taken for whatever
reason, payment for time accrued at overtime rates shall be made at the expiry
of the twelve (12) month period or on termination.
13.4.4 Where no election is made in accordance with
paragraph 13.4.1, the employee shall be paid overtime rates in accordance with
the award.
13.5 Make-Up Time
13.5.1 An employee may elect, with the consent of the
employer, to work "make-up time", under 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.
13.5.2 An employee on shift work may elect, with the
consent of the employer, to work "make-up time" (under which the
employee takes time off ordinary hours and works those hours at a later time),
at the shift work rate which would have been applicable to the hours taken off.
13.6 Rostered Days
Off
13.6.1 An employee may elect, with the consent of the employer, to take
rostered day off at any time.
13.6.2 An employee may elect, with the consent of the
employer, to take rostered days off in part day amounts.
13.6.3 An employee may elect, with the consent of
the employer, to accrue some or all rostered days off for the purpose of
creating a bank to be drawn upon at a time mutually agreed between the employer
and employee, or subject to reasonable notice by the employee or employer.
13.6.4 This subclause is subject to the employer
informing the union where it 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 to participate in
negotiations.
14. BEREAVEMENT LEAVE
14.1 An employee other than a casual employee
shall be entitled to up to two days bereavement leave without deduction of pay
on each occasion of the death of a person prescribed in subclause 14.3 of this
clause. An employee other than a casual employee shall be entitled to up to two
days bereavement leave without deduction of pay on each occasion of the death
of a person prescribed in subclause 14.3 of this clause, where such employee
travels outside of Australia to attend the funeral.
14.2 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.
14.3 Bereavement leave shall be available to
the employee in respect to the death of a person prescribed for the purposes of
personal/careers leave as set out in subparagraph 13.1.3.2 of subclause 13.1 of
clause 13, 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.
14.4 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.
14.5 Bereavement leave may be taken in
conjunction with other leave available under subclauses 13.2, 13.3, 13.4, 13.5
and 13.6 of the said clause 13 - Personal Carer’s Leave. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
15. PUBLIC HOLIDAYS
15.1 The days on which New Year's Day,
Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Six
Hour Day, Christmas Day and Boxing Day are observed in the areas concerned,
together with all public holidays that hereafter may be proclaimed by the
Governor and which are observed for the areas covered by this Award, and the
picnic day of the Transport Workers' Union of Australia, New South Wales
Branch, which shall be held on Easter Saturday of each year, shall be
recognised as holidays without deduction from weekly employees' wages.
15.2 All work performed on any of the abovementioned
days, except Christmas Day and Good Friday, shall be paid for at the rate of
time and one half extra for the actual time worked; for all work performed on
Christmas Day and Good Friday the rate of double time extra shall be paid. For all work done by casual employees on any
of the holidays prescribed by subclause 15.1 of this clause, double overtime
rates shall be paid. An employee called
upon to work on an award holiday shall be guaranteed four hours work or shall
be paid for four hours at the appropriate rate.
15.3 In any week during which a holiday is
observed on any day, Monday to Friday, inclusive, the ordinary working time of
such week shall be reduced by eight hours for each holiday occurring.
15.4 A weekly employee, whose services are
dispensed with within seven days of the commencement of any week in which one
or more holidays occur and who is re‑engaged by the same employer within
seven days of the said week, shall be paid an ordinary day's pay for each
holiday so occurring at the rate prescribed for the class of work performed by
him/her prior to his/her services being dispenses with.
15.5 An employee who, without permission of an
employer or without reasonable cause absents him/herself from duty on the
working day immediately preceeding or the working day immediately succeeding
any award holiday shall not be entitled to payment for such holiday.
SECTION III - INDUSTRIAL RELATIONS AND THE UNION
16. DISPUTE SETTLEMENT
PROCEDURE
This dispute settlement procedure shall govern the
settlement of any industrial dispute arising between the parties covered by
this Award within the State of New South Wales.
16.1 In the event
of a question, dispute or difficulty arising at a branch:
16.1.1 The branch delegate should seek to reach agreement over the issue
with the branch supervisor.
16.1.2 If the dispute is not resolved at this level,
the matter should be discussed and agreement sought with the branch manager.
16.1.3 Should the dispute remain unsolved, the branch
delegate should refer the matter to an official of the Transport Workers'
Union, New South Wales Branch who will discuss the matter with senior
management.
16.1.4 In the event of no agreement being reached at
this stage, the dispute will be referred to the Industrial Commission of New
South Wales for resolution.
16.2 It is the intention of the parties that
all work will continue normally while the negotiations are taking place.
17. UNION DELEGATE
17.1 An employee appointed as union delegate in
the yard, depot or garage shall upon notification to the employer by the branch
or sub‑branch secretary of the union, be recognised as the accredited
representative of the union.
17.2 Any matter arising in the yard, depot or
garage affecting members of the union may be investigated by the delegate and
discussed with the employer or his/her representative. The delegate shall, at his/her request, be
allowed a reasonable opportunity to carry out such duties at a time reasonably
convenient to him/herself and the employer.
17.3 If a matter in dispute is not settled the
delegate shall, on request, be allowed access to a telephone for a reasonable
opportunity of notifying the union branch or sub‑branch concerned.
18. NOTICE BOARD
The employer shall provide a notice board of reasonable
dimensions to be erected or to be placed in a prominent position in his/her
yard, depot or garage, upon which accredited representatives of the Transport
Workers' Union of Australia, New South Wales Branch, shall be permitted to post
formal union notices signed by the representative or representatives.
19. RIGHT OF ENTRY
See Part 7 of Chapter 5 of the Industrial Relations Act 1996. (NOTE: This provides that a duly accredited representative of the union
shall have the right to enter any work place or premises for the purpose of
interviewing employees and investigating suspected breaches of awards or
agreements or the Industrial Relations
Act 1996 and in such investigations inspect time and pay sheets ‑ so
long as the does not unduly interfere with the work being performed by any
employee during working time).
20. UNION PICNIC DAY
20.1 Easter
Saturday shall be recognised as the Union's Picnic Day.
20.2 In addition to all other payments due to him/her,
a financial member of the union, other than a casual employee, shall upon proof
thereof, be paid an additional day's pay in the pay period in which Easter
Saturday falls.
20.3 A financial member of the union who is
required to work on Easter Saturday shall be paid at the rate of time and a
half for the actual time worked and, in addition, ordinary time for the actual
time worked up to a maximum of eight (8) hours pay at ordinary time.
20.4 Notwithstanding the provisions of
subclause 20.1, 20.2 and 20.3, of this clause, where an employer observes a
paid Picnic Day for the whole of his/her employees, such a day shall be
regarded as a holiday in lieu of the Picnic Day prescribed herein and
accordingly such employer shall be exempted from paying the prescribed extra
day's pay in the pay period in which Easter Saturday falls and from the other
provisions of this clause with respect of payment for work performed on that
day.
20.5 For the purpose of this clause
"financial member of the union" shall mean an employee who is, at the
time of the Picnic Day, a financial member, or who was a financial member of
the union at the 31st of December of the preceding year.
SECTION IV - OTHER PROVISIONS
21. JURY SERVICE
21.1 An employee required to attend for jury
service during his/her ordinary working hours shall be reimbursed by the
employer an amount equal to the difference between the amount paid in respect
of his/her attendance for such jury service and the amount of wages he/she
would have received in respect of the ordinary time he/she would have worked
had he/she not been on jury service.
21.2 An employee shall notify his/her employer
as soon as possible of the date upon which he/she is required to attend for
jury service. Further, the employee
shall give his/her employer proof of his/her attendance, the duration of such
attendance and the amount received in respect of such jury service.
22. LIMITATION OF OVERTIME
22.1 An employee who is required to work for
any period amounting to twelve hours or more from the time of commencing work
shall be granted a respite from and shall be entitled to absent him/herself
from work until he/she has had ten (10) consecutive hours off duty, without
loss of pay, for ordinary working time occurring during such absence.
22.2 In the cases of emergency, as herein
defined, the said ten hours referred to in subclause 22.1 of this clause, may
be exceeded by not more than one hour.
Emergency, in this subclause shall mean periods in which excess cash or
bullion, which has been delayed by circumstances beyond the control of the
employer, needs to be transported within limited period of time and where extra
labour is not available to carry out the necessary work.
22.3 Except in the case of accident or
circumstances over which the employer has no control, an employee shall not
work and an employer shall not require an employee to work more than a total of
twenty (20) hours overtime, in any one week exclusive of unpaid intervals
allowed for meals.
23. TERMS OF EMPLOYMENT
23.1 An employee may be put off or may leave
his/her employment without notice during any week subject to the following
conditions:
23.1.1 Where an employee works less than a full week,
he/she shall be entitled to casual rates for the actual days worked by him/her
during such week, also the days pay of a weekly hand in the class in which
he/she is working in respect of any holiday that falls in such week, except in
cases where a weekly employee leaves his/her employment of his/her own accord
or loses time by his/her own default, when he/she shall be entitled only to
weekly rates for the days worked by him/her less the difference between the
casual and weekly rates for the other days of the week.
23.1.2 Provided that, where a new weekly hand is
put on during a week and continues in the same employment from the first to the
two following pay days, he/she shall not be entitled to casual rates for the
portion of the first week worked by him/her, if at the time of his/her
engagement, no other drivers are standing off.
For the purpose of this clause, the working week shall end on pay‑day
or the day previous in the case of employers holding one day's pay in hand.
23.2 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.
24. INSURANCE FOR EMPLOYEES
24.1 In recognition of the fact that employees
working under the provisions of this Award are exposed to the hazard of armed
assault upon them by persons armed with lethal weapons (because the principal
function of their employment is the handling and carriage of money, bullion and
the like), the employer shall arrange an insurance policy to cover each
employee so engaged against the risk of such armed assault. Such insurance policy shall provide benefits
not less favourable than those prescribed in the policies arranged by the
companies and in force as at 13 September 1982.
25. ACCIDENT PAY
25.1 In the event that an employee sustains an
injury which entitles him/her to be paid and he/she is paid benefits prescribed
by the Workers' Compensation Legislation, and the incapacity arising out of
such injury continues for a period in excess of twenty‑six weeks, the
employer shall pay to any such employee the difference between his/her current
minimum weekly rate of pay as prescribed by clause 1 - Wages, of this Award and
the weekly benefit paid to the employee in accordance with the provisions of
the Workers' Compensation Legislation.
25.1.1 Provided that the payment prescribed by this
subclause shall not commence to be paid until the twenty‑seventh week of
incapacity arising from injury as aforesaid and shall cease to be payable when
the payment to the employee of workers' compensation benefits ceases or at the
end of a period of thirteen weeks whichever event first occurs.
25.1.2 Provided further that the employee shall not
be entitled to receive the benefits prescribed by this subclause if he/she
fails to comply with a request by the employer to give to the employer:
25.1.2.1 an undertaking that if the employee
obtains a verdict for damages against his/her employer in respect of any injury
or is paid an amount in settlement of any claim for damages that he/she has
made against his/her employer in respect of such injury, he/she will
immediately upon payment to him/her or his/her agent of such verdict for
damages or amount in settlement of a claim therefore repay to his/her employer
the amount of the benefits prescribed by this subclause which the employer has
paid or may pay in respect of such injury and an authority for the employer
alternatively to deduct the amount of the benefits prescribed by this subclause
from any money owing or which may become owing from the employer to the
employee under such verdict or settlement; and
25.1.2.2 an undertaking that where the injury was
caused in circumstances creating a liability in a third party to pay damages in
respect thereof and the employee obtains a verdict for damages or is paid an
amount of money in settlement of any claim for damages he/she has made against
that third party he/she will out of such verdict or amount of money repay to
the employer the amount of the benefits prescribed by this subclause which the
employer has paid or may pay in respect of the injury; and
25.1.2.3 an irrevocable authority addressed to any
third party requiring such third party out of any verdict which may be obtained
by the employee against such third party or any amount of money payable to the
employee in settlement of any claim for damages made against such third party
to pay to the employer the amount of the benefits prescribed by this subclause
which the employer has paid or may pay to the employed.
26. AMENITIES
26.1 The following facilities shall be
available at all yards, depots or garages where employees are engaged under the
provisions of this Award:
26.1.1 Proper dressing rooms with adequate washing
facilities, including at least one shower with both hot and cold water.
26.1.2 Proper lock‑up clothing lockers.
26.1.3 Where employees are required to partake of
meals at the employer's yard, depot or garage, a dining room with adequate
seating and table accommodation for the partaking of meals and also facilities
for boiling water and heating food shall be available.
26.1.4 Proper lavatory facilities shall be available.
26.2 Leave is reserved to the applicant union
to apply for an allowance for employees whose employers fail to make available
the facilities prescribed by this clause.
26.3 Leave also is reserved to the parties and
any employer affected by this Award to apply generally in respect of this
clause.
26.4 First-aid Outfit - A first-aid outfit
shall be provided by the employer at each establishment, yard, depot and
garage. Such outfit is to comprise a First Aid Ambulance Chest which shall:
26.4.1 be of wood or metal, be dust-proof and be
distinctively marked with a white cross upon green ground;
26.4.2 be so equipped and maintained as to contain at
least the articles and appliances specified by the First-aid regulations under
the Factories, Shops and Industries Act,
1962. (Note: The employer shall display a copy of the appropriate Schedule,
above referred to, on or adjacent to the First-aid Ambulance Chest);
26.4.3 contain nothing except requisite articles and appliances for
first-aid;
26.4.4 be readily accessible to the persons employed in the
establishment, yard, depot and garage; and
26.4.5 be placed under the charge of a responsible
person or persons who or one of whom shall always be readily available during
working hours. A clearly legible notice
stating the name or names of the person or persons in charge of the ambulance
chest shall be affixed in a conspicuous position on or adjacent to the chest.
27. UNIFORMS
Where an employee is required to wear a distinctive uniform
it shall be provided free of cost by the employer.
28. WET WEATHER CLOTHING
Wet weather clothing shall be provided for employees
required to work in the rain.
29. MIXED FUNCTIONS
29.1 An employee required by an employer to
work for less than half a day on work carrying a higher rate of pay shall be
paid at the rate as for a half‑day's work and, when required to work for
two hours or more but less than a whole day on such work, he/she shall be paid
as for a whole day's work.
29.2 This clause shall not apply to actual
periods of one hour or less or to interchange of work arranged between
employees to meet their personal convenience.
30. UNAUTHORISED PERSONS RIDING
ON VEHICLES
An employee shall not permit any unauthorised person to accompany
him/her on his/her vehicle nor permit any such person to assist him/her in the
delivery of anything carried in a vehicle unless such person has been engaged
as an employee or is the owner thereof or is the agent or representative of
such owner.
31. RECALL
31.1 An employee recalled for work shall be
guaranteed and shall be paid for at least four (4) hours' work for each start
at the appropriate rates of pay, whether he/she works for that period of time
or not.
31.2 This clause shall also apply to any
employee called upon to work before his/her normal starting time and whose
overtime work does not continue up to such starting time.
32. COMMITMENT TO TRAINING
32.1 The parties to this award recognise that
in order to increase the efficiency, productivity and competitiveness of the
security industry and armoured vehicle operations generally, a greater
commitment to training and skill development is required. Accordingly, the parties commit themselves
to:
32.1.1 developing a more highly skilled and flexible workforce;
32.1.2 providing employees with career opportunities
through appropriate training to acquire additional skills;
32.1.3 removing barriers to the utilisation of skills acquired
32.2 Following proper consultation with
employees, an employer shall develop a training programme consistent with:
32.2.1 the current and future skill needs of the enterprise;
32.2.2 the size, structure and nature of the operations of the
enterprise;
32.2.3 the need to develop vocational skills relevant
to the enterprise and the industry through courses conducted by accredited
educational institutions and/or providers.
32.3 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, including a requirement to regularly report to the
employer.
32.4 Any disputes arising in relation to
subclause 35.2 and 35.3 shall be subject to the provisions of clause 16 -
Disputes Settlement Procedure, of this Award.
33. DEFINITIONS
33.1 General
33.1.1 Armoured Vehicle - shall mean a vehicle
specially designed for the transportation of valuables as defined. The design shall include armour plate and
the windscreen, windows and the body specifications shall be constructed to
withstand armed attack from ordinary hand-held weapons. Such vehicle to be fitted with
air-conditioning and two-way radio.
Where a two-person crew operation
is utilised, an armoured vehicle shall have an accessible partitioned secure
are in which containers may be placed, allowing the crew members to access and
leave that secure area without exposing the armoured vehicle operator or the
remainder of the load.
33.1.2 Non-Armoured Vehicle - shall mean a fully
enclosed air-conditioned vehicle with two-way radio (either fitted or
hand-held).
33.1.3 ATM Work - Work which (in accordance with a
condition of contract between a respondent to the award and the Automatic
Teller Machine proprietor) involves a crew in shutting down ATM from on line
status.
A variety of tasks (e.g. removal
of empty cartridges and inserting filled cartridges, clearing deposits lodged,
purged notes and captured cards) and upon completion returning the ATM to on
line status.
All vehicles purchased or leased
shall have an adequate temperature controlled system installed. Such a system shall be maintained in all
vehicles currently operating.
A temperature controlled system
shall be deemed to be an air conditioning unit.
33.1.4 Mobile Cash Unit - shall mean an armoured
vehicle with note counting facilities, utilised out of metropolitan areas for
servicing country locations.
33.1.5 Valuable - shall mean a commercially negotiable
article and/or transaction where the services of a licensed security agent and
armoured vehicle are contractually requested by the customer.
33.1.6 Workers Compensation Legislation - means the Workers Compensation Act 1987 and the Workplace Injury Management Act 1998 and
related Acts and instruments
33.2 Employees
33.2.1 Armoured Vehicle Operator - Armoured vehicle
operator, shall be an employee qualified to drive and who holds the relevant
licences and has completed all required training. An operator will be appointed at company discretion and will be
qualified and available to perform non-driving duties and non-armoured vehicle
duties.
33.2.2 Armoured Vehicle Escort - An employee
performing non-driving duties who has completed the required training and is
qualified to perform escort duties. An
escort will be qualified and available to perform non-armoured vehicle operator
duties.
33.2.3 Casual Employee - shall mean an employee engaged and paid as such.
33.2.4 Despatch Hand.
33.2.5 The Union - shall mean the Transport Workers' Union of Australia,
New South Wales Branch.
33.3 Other
33.3.1 Issues relating to the appropriate manning of
vehicles shall be discussed by the parties to this award at the depot and/or
company level as part of ongoing restructuring. Such discussions may result in variations to existing procedures.
33.3.2 Such discussions shall at all times have regard to the following
considerations:
33.3.2.1 the health, safety and security of
all employees concerned;
33.3.2.2 the relevant aspects of the work
concerned, including the value, the volume, the weight, the location, and the
method of pick-up;
33.3.2.3 the availability and implementation
of back-up technology, such as tracking systems, drop-safes etc; and
33.3.2.4 the need of companies in the
industry to remain viable by attracting new work.
34. REDUNDANCY
See the Transport Industry - Redundancy (State) Award
published 8 September 2000 (318 IG 458), as varied.
35. SUPERANNUATION
See the Transport Industry (State) Superannuation Award (No.
2) published 17 March 2000 (314 IG 148), as varied.
36. ANTI-DISCRIMINATION
(1) It is the intention of the parties
bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(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) 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.
(4) Nothing in
this clause is to be taken to affect :
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21
years of age;
(c) any act or practice of a body established
to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
(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."
37. LEAVE RESERVED
Leave is reserved to the union to apply in respect of:
Wages
Limitation of Overtime
Travelling Allowances
Amenities
The issue of Waterproof Clothing
38. AREA, INCIDENCE AND
DURATION
This award shall apply to employees of the classifications
referred to herein employed in connection with armoured car services or payroll
car services in the transportation of cash, bullion and other valuables in
association with these services in the State, within the jurisdiction of the
Transport Industry (State) Industrial Committee.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
rescinds and replaces the Transport Industry ‑ Armoured Cars &c.,
(State) Award published 14 June 1978 and reprinted February 1984 (232 IG 1242),
and all variations thereof.
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 the New South Wales on 18
December 1998 (308 IG 307) take effect on and from 30 July 2001.
This award remains in force until varied or rescinded, the
period for which it was made already having expired.
PART B
MONETARY RATES
TABLE 1 - WAGES
Note: "Rate
A", refers to the rate of pay payable effective from the beginning of the
first pay period to commence on or after 18 December, 1998 and "Rate
B", refers to the rate payable from the beginning of the first pay period
to commence on or after 1 June, 1999.
|
Classification
|
Current
$
|
Rate A
$
|
Rate B
$
|
|
Armoured Vehicle Operator
|
459.20
|
484.50
|
508.20
|
|
Dispatch Hand
|
459.20
|
484.20
|
508.20
|
|
Armoured Vehicle Escort
|
447.70
|
467.70
|
485.00
|
TABLE 2 - OTHER RATES AND ALLOWANCES
|
Item
|
Clause No.
|
Brief Description
|
Former
|
|
|
No.
|
|
|
Amount
|
New Amount
|
|
|
|
|
Per Day
|
Per Day
|
|
|
|
|
$
|
$
|
|
1
|
2.1
|
Carry keys to two key safes or possess and use
|
2.08
|
2.31
|
|
|
|
knowledge of vault combinations
|
|
|
|
2
|
2.2
|
Performing mobile cash units (MCU) country
|
4.20
|
4.66
|
|
|
|
work
|
|
|
|
3
|
2.3.1
|
Readiness to work with off-site automatic teller
|
|
|
|
|
|
machines outside ordinary hours -
|
|
|
|
|
|
Monday to Friday inclusive
|
13.11
|
14.55
|
|
|
|
Saturday, Sunday and Public Holidays
|
32.77
|
36.37
|
|
4
|
2.3.3
|
Using own vehicle when on recall
|
0.33 per kilometre
|
0.36 per kilometre
|
|
5
|
2.4
|
First Aid
|
1.55
|
1.72
|
|
6
|
4.7
|
Meal Allowance
|
|
8.20
|
|
7
|
9.5
|
Meal Allowance
|
|
7.65
|
TABLE 3 - INCOME PROTECTION ON SIX DAY ROSTERS
(clause 3.2.3)
|
Classification
|
Amount per week
|
|
Armoured Vehicle Operator
|
$614.20
|
|
Dispatch Hand
|
$614.20
|
|
Armoured Vehicle Escort
|
$598.20
|
F. MARKS J.
____________________
Printed by the authority of the Industrial Registrar.