TIME PAYMENT COLLECTORS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Reviewed
award pursuant to section 19 of the Industrial
Relations Act 1996.
(No. IRC 5203
of 1999)
|
Before the Honourable Justice Kavanagh
|
18 May 2001
|
REVIEWED AWARD
1. ARRANGEMENT
1. Arrangement
2. Dispute
Avoidance and Grievance Procedure
3. Wages
4. Commission
5. Meal
Times
6. Meal
Allowance
7. Expenses
8. Locomotion
9. Holidays
10. Sick
Leave
11. Personal
/ Carers Leave
12. Accident
Pay
13. Cash Bond
14. Termination
of Employment
15. Crediting
Collector’s Returns
16. Annual
Leave
17. Annual
Leave Loadings
18. Long
Service Leave
19. Anti-Discrimination
20. Bereavement
Leave
21. Jury
Service
22. Parental
Leave
23. Award
Display
24. Notice
Board
25. Redundancy
26. Area,
Incidence and Duration
2. DISPUTE
AVOIDANCE AND GREIVANCE PROCEDURE
The procedure for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following procedural steps.
(i) Procedure
relating to grievance of an individual employee:
(a) The employee
shall 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.
(b) The 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.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employees’ grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a procedure
is being followed, normal work must continue.
(f) The employer
may be represented by an Industrial Organisation of Employers and the employee
may be represented by an Industrial Organisation of Employees for the purpose
of each procedure.
(ii) Procedure for
a dispute between an employer and the employees:
(a) 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.
(b) Reasonable
time levels must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an Industrial Organisation of Employers and the employee
may be represented by an Industrial Organisation of Employees for the purpose
of each procedure.
(iii) Subject to
the Industrial Relations Act 1996, in the event that a dispute cannot be
settled by the above procedures the Commission may be notified of an industrial
dispute for the purpose of resolving the dispute.
3. WAGES
(i) The minimum
wages for persons employed as collectors, canvassers, or clear-out men shall be
$451.50 per week, provided that the minimum wages of an employee with less than
3 months’ experience in the industry shall be $435.40 per week.
(ii) Where an
employee is required to work on Saturday he shall be paid in addition to wages
for the time so worked a loading of $12.70.
(iii) "Actual
Rate of Pay" in respect of this award, is defined as the total amount an
employee would normally receive for performing his/her ordinary hours of
work. Provided that such rate shall
expressly exclude overtime, penalty rates, disability allowance, shift
allowances, special rates, fares and travelling time allowances, 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.
4. COMMISSION
Where an employee receives in addition to the minimum wages
referred to in clause 3, hereof, a commission payment from his/her employer,
then any alteration to his/her quotas, or the amount or rate of commission or
territory to be worked shall not reduce the employee’s commission for a period
of three months from the date of such alteration or until after three month’s
notice of intention to make such alteration has been given, whichever date is
the earlier.
Provided that a minimum of three months’ notice of intention
to review an alteration of quotas, or amounts or rates of commission or
territory to be worked may be given, but such notice shall lapse if such
alteration is not effected within a period of one month from a date three
months after the giving of the notice.
5. MEAL TIMES
Each employee shall be allowed not less than thirty minutes
nor more than one hour for a midday meal.
6. MEAL
ALLOWANCE
An employee who has commenced work on any day before midday
and who works after 6.00 pm on such day shall be allowed the sum of $8.50 for a
meal.
7. EXPENSES
a. Employees
shall be reimbursed each week for all money actually and reasonably expended by
authority on employer’s business.
b. Any disputes
concerning the payment of expenses or the amount thereof shall be dealt with in
accordance with Clause 2, Dispute Avoidance and Grievance Procedure.
8. LOCOMOTION
All means of locomotion required by the employer shall be
provided and maintained by the employer but where an employee by arrangement
with his/her employer provides his/her own motor vehicle he/she shall receive
in addition to the remuneration provided in Clause 3, Wages, of this award, a
minimum allowance of $85.10 per week for such motor vehicle if under 1 500 cc and
$105.60 per week if 1.500 cc or over; in the case of a motor cycle the
allowance shall be $33.00 per week:
Provided that arrangements not less favourable to the employee than the
above may be made between the employee and the employer.
9. HOLIDAYS
a. New Year’s
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen’s Birthday, Eight Hour Day, Christmas Day, Boxing Day and an additional
day’s holiday to be observed pursuant to subclause (ii), of this clause; and
any other day gazetted as a public holiday for the State shall be holidays for
the purpose of this award.
b. In addition to
the holidays specified in subclause (i) of this clause, an employee shall be
entitled to one additional day as a holiday in each calendar year. Such additional holiday shall be observed on
the day when the majority of employers in an establishment observe a day as an
additional holiday or on another day mutually agreed between the employer and
the employee. The additional holiday is
not cumulative and must be taken within each calendar year.
c. Any dispute
concerning the day on which the additional holiday is to be taken by an
employee may be referred to the Industrial Committee.
d. No deductions
shall be made from the wages of weekly or part-time employees for the week in
which any of the holidays, referred to in subclause (i) of this clause fall.
e. For work done
on any of the holidays, referred to in subclause (i), of this clause, double
time and one-half shall be paid with a minimum payment for four hours’ work.
10. SICK LEAVE
a. Weekly
employees shall, subject to the production of a medical certificate or other
evidence satisfactory to the employer (which may include a statutory
declaration) be entitled to five days’ sick leave during the first year of
service and eight days during the second and subsequent years of service on
full pay. Provided that a statutory
declaration shall be sufficient proof of sickness in respect of the first two
single days’ absence of an employee in any year.
b. An employee
shall, wherever practicable, within 24 hours of the commencement of absence due
to illness or injury, 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
estimated duration of the absence.
c. The payment
for any absence on sick leave in accordance with this clause during the first
three months of employment of an employee may be withheld by the employer until
the employee completes such three months of employment at which time the
payment shall be made.
d. An employee
shall not be entitled to sick leave on full pay for any period in respect of
which such employee is entitled to workers’ compensation, provided however,
that an employer shall pay to an employee who has sick leave entitlement under
this clause, the difference between the amount received as workers’
compensation, and full pay in respect of any period in which the employee is
not entitled to accident pay as prescribed by clause 11, Accident Pay, hereof. If an employer pays such difference the
employee’s sick leave entitlement under this clause shall for each week during
which such difference is paid be proportionately reduced.
e. 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 employer shall not be
bound to credit an employee for sick leave which accrued more than twelve years
before the end of the last completed year of service.
f. Part-time
employees shall, subject to the provisions of this clause, be entitled to a
proportionate amount of sick leave. The
amount of sick leave to which a part-time employee is entitled in any year
shall bear the same ratio to sick leave prescribed during that year of service
for weekly employees as the part-time employee’s normal ordinary hours of work
for a week during such year would have borne to the number of ordinary hours
worked by weekly clerical employees in the section or department in which the
part-time employee is employed.
g. Service before
the date of this award shall be counted for the purpose of assessing the annual
sick leave entitlement but shall not be taken into consideration in arriving at
the period of accumulated leave. An employee
whose employment commenced on or before 13 March 1976, shall be entitled to the
increased quantum of sick leave prescribed by subclause (i) hereof according to
the employee’s year of service commencing on or after that date. Accumulated leave at the credit of the
employee at the commencement of this award will not be increased or reduced by
the operation of this clause.
11. PERSONAL /
CARERS LEAVE
Use of Sick Leave
(1)
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), 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 10, 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.
(b) 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.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
person who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
1. "relative"
means person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that the
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence, the employee shall
notify the employer by telephone of such absence at the first opportunity on
the day of absence.
(2) Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in subparagraph (ii) of paragraph (c) of
subclause ( (1) who is ill.
(3) Annual Leave
(a) 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.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
12. ACCIDENT PAY
See Workers’
Compensation Act 1987.
13. CASH BOND
Where cash bonds are required a sliding scale according to
the amount of monthly business transacted shall be adopted. Such bonds shall be payable from commission
at the rate of not more than 12 ½ per cent of monthly commission.
All such monies plus monthly interest at the rate of 8½ per
cent per annum shall be repaid within 2 months of termination of employment.
14. TERMINATION OF
EMPLOYMENT
i. The
employment of a weekly employee may be terminated only by one week’s notice on
either side, which may be given at any time, or by payment by the employer or
forfeiture by the employee of a week’s pay in lieu of notice. This shall not affect the right of the
employer to dismiss an employee without notice in the case of an employee
guilty of misconduct.
ii. Any employee
who has been employed for not less than one month on leaving or being
discharged, shall, upon request, be entitled to a statement in writing,
containing the date when the employment began and the date of its
termination. The statement shall be the
property of the employee and shall be returned to him/her, unnoted by any
subsequent employer, within seven days of the engagement.
15. CREDITING
COLLECTOR’S RETURNS
A collector shall be credited with any collections received
by his/her employer as a direct result of the efforts of the collector.
16. ANNUAL LEAVE
See Annual Holidays
Act 1944.
17. ANNUAL LEAVE
LOADINGS
(i) This clause
takes effect on and from 1 July 1974.
It applies only in relation to annual holidays to which employees become
or have become entitled after 30 June 1974.
(ii) In this
clause the Annual Holidays Act 1944,
is referred to as "the Act".
(iii) Before an
employee is given and takes his/her annual holiday, or where by agreement
between the employer and employee the annual holiday is given and taken in more
than one separate period, then before each of such separate periods, the
employer shall pay his/her employee a loading determined in accordance with
this clause. (NOTE: The obligation to
pay in advance does not apply where an employee takes an annual holiday wholly
or partly in advance - see subclause (vii).
(iv) 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.
(v) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled since 30 June 1974 under the Act and
this award and which commences on or after 1 July 1974 or, where such a holiday
is given and taken in separate periods, then in relation to each such separate
period. (NOTE: See subclause (vii) as
to holidays taken wholly or partly in advance after 30 June 1974.)
(vi) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (v) at the rate per week of 171/2 per cent of the
appropriate ordinary weekly time rate of pay prescribed by this award but shall
not include overtime or any other payments prescribed by this award.
(vii) 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 he/she 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 (vi) of this clause applying the
award rates of wages payable on that day.
This subclause applies where an annual holiday has been taken wholly or
partly in advance after 30 June 1974 and the entitlement to the holiday arises
on or after that date.
(viii) Where, in
accordance with the Act and after 30 June 1974, the employer’s establishment or
part of it is temporarily closed down for the purpose of giving an annual
holiday or leave without pay to the employees concerned:
(a) An employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause (vi) of this clause;
(b) An employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable to
him/her under the Act such proportion of the loading that would have been
payable to him/her under this clause if he/she had become entitled to an annual
holiday prior to the close-down as his/her qualifying period of employment in
completed weeks bears to 52.
(ix)
(a) When the
employment of an employee is terminated by his/her employer on or after 1 July
1974 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 he became entitled after 30 June 1974 he/she shall be paid a loading
calculated in accordance with subclause (v) for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause no loading is payable on the
termination of an employee’s employment.
(x) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if he/she 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.
18. LONG SERVICE
LEAVE
See Long Service Leave
Act 1955.
19. ANTI-DISCRIMINATION
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity
and age.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
20. BEREAVEMENT
LEAVE
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 in Australia as prescribed in subclause (iii) of this
clause. Where the death of a person as
prescribed by the said subclause (iii) occurs outside Australia, the employee
shall be entitled to two days bereavement leave where the employee travels
outside Australia to attend the funeral.
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.
Bereavement leave shall be available to the employee in
respect to the death of a person prescribed for the purposes of personal /
carers leave as set out in subparagraph (ii) of paragraph ( c ) of subclause
(1) of clause 11, 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.
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.
Bereavement leave may be taken in conjunction with other
leave available under subclauses (2), (3), (4) and (5) of the said clause
11. In determining such a request, the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
21. JURY SERVICE
An employee on a weekly hiring 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 wage he/she would
have received in respect of the ordinary time he/she would have worked had
he/she not been on jury service.
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. PARENTAL LEAVE
See Industrial
Relations Act 1996.
23. AWARD DISPLAY
A copy of this award shall be exhibited and kept exhibited
in accordance with the provisions of the Industrial
Relations Act 1996.
24. NOTICE BOARD
Each employer shall permit the Union to display notices
dealing with legitimate Union business on notice boards provided that such
notices are authorised by an accredited Union representative. Any such notice not so authorised may be
removed by the accredited Union representative or the Employer.
25. REDUNDANCY
(i) Application
(a) This clause
shall apply in respect of full-time and part-time employees.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this clause, 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.
(ii) Introduction
of Change
(a) Employer’s
duty to notify
(1) 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 employee who
may be affected by the proposed changes and the union to which they belong.
(2) ‘Significant
effects’ include termination of employment, major changes in the composition,
operation or size of the employer’s workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(b) Employer’s
duty to discuss change
(1) 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 paragraph (a) above,
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.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in paragraph (a) of this
clause.
(3) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes including the nature of the changes proposed, the expected 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.
(iii) Redundancy
(a) Discussions
before terminations
(1) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to subparagraph (1) of
paragraph (a) of subclause (ii) above, 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.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph (1) of
this subclause 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.
(3) For the
purposes 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 including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(iv) Termination of
Employment
(a) 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 (ii) (a) (1) above.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of continuous service Period of notice
Less than 1 year 1
week
1 year and less than 3 years 2 weeks
3 years and less than 5 years 3 weeks
5 years and over 4
weeks
(2) 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.
(3) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(b) Notice for
Technological Change
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subclause (ii) (a) (1) above:
(1) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(2) 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.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(c) Time off
during the notice period
(1) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(d) Employee
leaving during the notice period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
(e) Statement of
employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
(f) Notice to
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.
(g) Centrelink
Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by
Centrelink.
(h) Transfer to
lower paid duties
Where an employee is transferred to lower paid duties
for reasons set out in paragraph (a) of subclause above, 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.
(v) Severance Pay
(a) Where an
employee is to be terminated pursuant to subclause (iv) of this award, subject
to further order of the Industrial Relations Commission, the employer shall pay
the following severance pay in respect of a continuous period of service:
(1) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Under 45 Years of
Years of Service 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
(2) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
45 Years of
age
Years of Service 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
(3) ‘Weeks pay’
means the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances provided for in the relevant
award.
(b) Incapacity to
pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in
paragraph (a).
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Industrial Relations Commission thinks relevant, and the probable effect paying
the amount of severance pay in paragraph (a) above will have on the employer.
(c) Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in paragraph (a)
above if the employer obtains acceptable alternative employment for an
employee.
(vi) 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.
26. AREA, INCIDENCE AND DURATION
(i) This award
shall apply to all persons employed as canvassers or collectors for time
payment, hire purchase, cash order or money lending businesses, and persons
employed as clear-out men in connection with such businesses, throughout the
State, excluding the County of Yancowinna.
(ii) 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 Award made by the Industrial
Relations Commission of the New South Wales on 18 December 1998 (308 IG 307)
take effect on and from 18 May 2001.
This award replaces the Time Payment Collectors (State)
Award published 6 October 1982 (227 IG 86) and all variations thereof.
(iii) This award
shall remain in force until varied or rescinded, the period for which it was
made having already expired.
T. M. KAVANAGH, J
____________________
Printed by the authority of the Industrial Registrar.