DRUG FACTORIES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1261, 5352 and 5353 of 1999)
Before The Honourable
Justice Kavanagh
|
3 April 2001
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Wages
4. Arbitrated
Safety Net Adjustment
5. Supported
Wage System for Workers with Disabilities
6. Contract
of Employment
7. Flexibility
8. Enterprise
Arrangements
9. Enterprise
Consultative Mechanism
10. Redundancy
11. Part-time
and Casual Employees
12. Hours
13. Implementation
of 38-Hour Week
14. 12-Hour
Engagements
15. Shift Work
16. Meal Hours
17. Meal
Allowance
18. Overtime
19. Sundays
20. Holidays
21. Annual
Leave
22. Annual
Holidays Loading
23. Sick Leave
24. Personal/Care’s
Leave
25. Bereavement
Leave
26. Mixed
Functions
27. Proportion
28. General
Conditions
29. Time and
Payment of Wages
30. Method of
Payment of Wages
31. Termination
of Employment
32. Long
Service Leave
33. Right of
Entry
34. Trade
Union Training
35. Union
Delegate
36. Parental
Leave
37. Blood
Donor Leave
38. Jury
Service
39. Superannuation
40. Disputes
Procedure
41. Anti-Discrimination
42. Training
Conditions
43. Leave
Reserved
44. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 ¾ Wages
Table 2 ¾ Other Rates and Allowances
PART C
INDUSTRY/SKILL LEVEL
RATES
Table 1 - Industry/Skill Level A
Table 2 - Industry/Skill Level B
Table 3 - Industry/Skill Level C
1. Title
This award shall be known as the Drug Factories (State)
Award.
2. Definitions
(a) Chief Chemist
shall mean a person possessing academic qualifications as specified in the
definition of "Qualifications" below who has had five years'
experience since attaining these qualifications and who is in charge of a
laboratory and who supervises and is responsible for the work of one or more
other chemists as provided for in this award.
(b) Research
Chemist shall mean a person possessing academic qualifications as specified in
the definition of "Qualifications" below and who is principally
engaged in research work involving the development of new or existing chemical
compounds, products and/or processes.
(c) Analytical
and/or Process Chemist shall mean a person possessing academic qualifications
as specified in the definition of "Qualifications" below who is
principally engaged in analysis and process control which, without limiting the
generality of the foregoing, may include checking and assaying raw materials
and products during or after manufacture and/or carrying out any other
associated chemical analysis which may be necessary.
(d) Trainee
Chemist shall mean an employee undertaking a course which is related to the
employee's work and which will lead to an academic qualification as specified
in the definition "Qualifications" below.
(e) Qualifications:
Academic qualifications referred to in definitions (a), (b), (c) and (d) of
this clause, shall be those:
(i) acceptable to
the Royal Australian Chemical Institute for admission to the grades of junior
or corporate membership;
(ii) acceptable to
the Australian Institute of Physics for admission to the grades of graduate or
corporate membership;
(iii) in
Metallurgy, Metallurgical Engineering or Technology acceptable to either the
Australian Institute of Mining and Metallurgy for admission to the grades of
junior or corporate membership, or the Institute of Metallurgists (London) for
admission to the grades of graduate, licentiate or corporate membership;
(iv) acceptable to
the Australian Institute of Agricultural Science for admission to grade of
corporate membership;
(v) conferring a
degree or diploma in science or chemistry by a recognised University College or
Institute of Technology with a major in one or more of the subjects relating to
his or her employment.
(f) Laboratory
Assistant shall mean an employee other than a chemist or trainee chemist who is
engaged in a laboratory in the performance of work of a routine nature and who:
(i) holds a
certificate in science or technology related to the employment; or
(ii) is qualified
by having passed the final examination as a prerequisite to holding a
certificate as set out in paragraph (i) above; or
(iii) holds a
qualification which is equivalent to the certificate as set out in paragraph
(i) of this subclause, provided that recognition of such qualifications is
obtained from the Department of Education.
(g) Pill Maker
means an employee engaged in making pills from the receipt of raw material up
to, but not including, coating of the pill core.
(h) Pill and
Tablet Coater means an employee engaged in coating pills and tablet cores from
the receipt up to and including their polishing.
(i) Quality
Inspector means an employee other than a professional employee, as defined, who
inspects and releases packaging components, collects and examines production
samples and reports deviation from standards of packaging room operations and
cleanliness, independent of production staff.
(j) Machine
Attendant means an employee who is principally engaged in setting up and
pulling down of automatic filling equipment.
3.
Wages
(a) Adult
Employees - The minimum rates to be paid to adult employees shall be as set out
in Table 1 of Part B, Monetary Rates.
(b) Junior
Employees - The minimum rates of pay for junior employees shall, subject to the
other provisions of this award, be the following percentages of the weekly rate
for the appropriate adult classification referred to in subclause (a) of this
clause:
Age
|
Percentage per week
|
Under 17 years of age
|
60
|
At 17 years of age
|
70
|
At 18 years of age
|
90
|
At 19 years of age and over
|
100
|
Such minimum rates shall be calculated to the nearest 5
cents, any broken part of 5 cents in the result not exceeding 2.5 cents to be
disregarded.
(c) Junior Trainee
Chemist - The minimum rates of pay for junior trainee chemists shall be the
following percentages of the weekly rate for a trainee chemist, first year of
adult service, referred to in Division I of the said Table 1:
Age
|
Percentage per week
|
Under 17 years of age
|
60
|
At 17 years of age
|
70
|
At 18 years of age
|
90
|
At 19 years of age and over
|
100
|
Such minimum weekly rates shall be calculated to the nearest
5 cents, any broken part in the result not exceeding 2.5 cents to be
disregarded.
(d) Special
Rates -
(i) Junior
trainee laboratory assistants, who undertake an appropriate certificate course
related to their employment shall be paid an amount as set out in Item 1 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for each stage
of the course which has been completed.
Such payment shall be applicable from the first complete pay period in
January of the year following the examination and shall continue to be paid
until an adult rate of pay becomes applicable to such employee; provided,
however, that such payments shall cease to be made if the junior employee
abandons the course of study before completion.
(ii) Employees
appointed as senior hands in any classification in Divisions II, III, IV and V
of Table 1 shall be paid the amounts set out in Item 2 of Table 2 of Part B, in
addition to the appropriate rate of pay for the classification.
(iii) Employees
appointed as charge hands shall be paid the amount as set out in Item 3 of
Table 2, in addition to the appropriate rate of pay for the classification.
(iv) Employees
appointed as checkers in relation to work carried out under Division V of Table
1, shall be paid an amount as set out in Item 4, of Table 2, in addition to the
appropriate rate of pay for the employee's classification; provided that the
additional rate prescribed in this paragraph shall not apply to an employee who
is receiving a special rate as a senior hand or charge hand as provided in
paragraphs (ii) or (iii) of this subclause.
4.
Arbitrated Safety Net Adjustment
(a) 'The rates of
pay in this award include the adjustments payable under the State Wage Case
2000. These adjustments may be offset
against:
(i) any
equivalent overaward payments; and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
5.
Supported Wage System for Workers With Disabilities
Definitions -
(a) This clause
defines the conditions which will apply to employees who because of the effects
of a disability are eligible for a supported wage under the terms of this
award. In the context of this clause,
the following definitions will apply:
(i) 'Supported
Wage System' means the Commonwealth Government system to promote employment for
people who cannot work at full award wages because of a disability, as
documented in "Supported Wage System:
Guidelines and Assessment Process".
(ii) 'Accredited
Assessor' means a person accredited by the management unit established by the
Commonwealth under the Supported Wage System to perform assessments of an
individual's productive capacity within the Supported Wage System.
(iii) 'Disability
Support Pension' means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security
Act 1991, as amended from time to time, or any successor to that scheme.
(iv) 'Assessment
Document' means the form provided for under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed
under the Supported Wage System.
Eligibility Criteria -
(b) Employees
covered by this clause will be those who are unable to perform the range of
duties to the competence level required within the class of work for which the
employee is engaged under this award, because of the effects of a disability on
their productive capacity and who meet the impairment criteria for receipt of a
Disability Support Pension.
(The clause does not apply to any existing employee who
has a claim against the employer which is subject to the provisions of workers'
compensation legislation or any provision of this award relating to the
rehabilitation of employees who are injured in the course of their current
employment).
The award does not apply to employers in respect of
their facility, program, undertaking, service or the like which receives
funding under the Disability Services Act 1986 and fulfils the dual role
of service provider and sheltered employer to people with disabilities who are
in receipt of or are eligible for a disability support pension, except with
respect to an organisation which has received recognition under section 10 or
section 12A of the Act, or if a part only has received recognition, that part.
Supported Wage Rates -
(c) Employees to
whom this clause applies shall be paid the appropriate percentage of the
minimum rate of pay prescribed by this award for the class of work which the
person is performing according to the following schedule:
Assessed Capacity
(subclause (d))
|
% Of Prescribed
Award
Rate
|
10%*
20%
30%
40%
50%
60%
70%
80%
90%
|
10%
20%
30%
40%
50%
60%
70%
80%
90%
|
(Provided that the minimum amount payable shall be not less
than $57.60 per week).
* Where a
person's assessed capacity is 10 per cent, they shall receive a high degree of
assistance and support.
Assessment of Capacity -
(d) For the
purpose of establishing the percentage of the award rate to be paid to an
employee under this Award, the productive capacity of the employee will be
assessed in accordance with the Supported Wage System and documented in an
assessment instrument by either:
(i) the employer
and a union party to the Award, in consultation with the employee or, if
desired by any of these;
(ii) the employer
and an accredited Assessor from a panel agreed by the parties to the award and
the employee.
Lodgement of Assessment Document -
(e)
(i) All
assessment documents under the conditions of this clause, including the
appropriate percentage of the award wage to be paid to the employee, shall be
lodged by the employer with the Registrar of the Industrial Relations
Commission of New South Wales.
(ii) All
assessment documents shall be agreed and signed by the parties to the
assessment, provided that where a union which is party to the Award, is not a
party to the assessment, it shall be referred by the Registrar to the union by
certified mail and will take effect unless an objection is notified to the
Registrar within ten working days.
Review of Assessment -
(f) The
assessment of the appropriate percentage should be subject to annual review or
earlier on the basis of a reasonable request for a review. The process of review must be in accordance
with the procedures for assessing capacity under the Supported Wage System.
Other Terms and Conditions of Employment -
(g) Where an assessment
has been made, the appropriate percentage will apply to the wage rate
only. Employees covered by the
provisions of the clause will be entitled to the same terms and conditions of
employment as all other workers covered by this Award paid on a pro-rata basis.
Workplace Adjustment -
(h) An employer
wishing to employ a person under the provisions of this clause must take
reasonable steps to make changes in the workplace to enhance the employee's
capacity to do the job. Changes may
involve redesign of job duties, working time arrangements and work organisation
in consultation with other workers in the area.
Trial Period -
(i)
(i) In order for
an adequate assessment of the employee's capacity to be made, an employer may
employ a person under the provisions of this clause for a trial period not
exceeding 12 weeks, except that in some cases additional work adjustment time
(not exceeding four weeks) may be needed.
(ii) During the
trial period the assessment of capacity must be undertaken and the proposed
wage rate for a continuing employment relationship must be determined.
(iii) The minimum
amount payable to the employee during the trial period shall be no less than
$57.60 per week.
(iv) Work trials
should include induction or training as appropriate to the job being trialed.
(v) Where the
employer and employee wish to establish a continuing employment relationship
following the completion of the trial period, a further contract of employment
shall be entered into based on the outcome of assessment under subclause (d) of
this clause.
6. Contract of Employment
(a) In respect of
full-time and part-time employment an employee or an employer may terminate the
contract of employment with one week's notice or by the payment or forfeiture
of one week's pay. Provided that during
the first three months of full-time or part-time employment the contract of
employment shall be of a probationary nature.
(b)
(i) 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 deskilling.
(ii) An employer
may direct an employee to carry out such duties and use such tools and equipment
as may be required provided that the employee has been properly trained in the
use of such tools and equipment.
(iii) Any direction
issued by an employer pursuant to subclauses (i) and (ii) shall be consistent
with the employer's responsibilities to provide a safe and healthy working
environment.
(iv) If a dispute
arises under this sub-clause, the union(s) shall be notified, where
appropriate, and the provisions of the Disputes Procedure invoked.
7.
Flexibility
(i) An employee
shall perform all tasks which are incidental or related to their normal work.
(ii) An employer
may develop a classification regime for their enterprise in consultation with
the appropriate union covered by this award.
A classification regime shall be agreed. The agreement shall be recorded in writing and a copy sent to the
Industrial Registrar for registration.
The parties agree such an agreement shall have the force of the award
and the union shall not unreasonably withhold its agreement.
8.
Enterprise Arrangements
(a) The Industrial
Relations Commission may approve of enterprise arrangements reached in
accordance with this principle and the provisions of the Act.
(b) Industrial
unions of employees and industrial unions of employers, or industrial unions of
employees and employers, or employees and employers may negotiate enterprise
arrangements which, subject to the following provisions, shall prevail over the
provision of any award or order of the Industrial Relations Commission that
deals with the same matters in so far as they purport to apply to parties bound
the arrangements, provided that where the arrangement is between employees and
an employer a majority of employees affected by the arrangement genuinely
agree.
(c) An enterprise
arrangement shall be an agreed arrangement for an enterprise, or discrete
section of an enterprise, being a business, undertaking or project, involving
parties set out in paragraph (b).
(d) Enterprise
arrangements shall be for a fixed term and there shall be no further
adjustments of wages or other conditions of employment during this term other
than where contained in the arrangement itself. Subject to the terms of the arrangement, however, such
arrangement shall continue in force until varied or rescinded in accordance
with the Act.
(e) For the
purposes of seeking the approval of the Industrial Relations Commission, and in
accordance with the provisions of the Act, a party shall file with the
Industrial Registrar an application to the Commission to either:
(i) vary an award
in accordance with the Act; or
(ii) make a new
award in accordance with the Act.
(f) On a hearing
for the approval of an enterprise arrangement, the Industrial Relations
Commission will consider in addition to the industrial merits of the case under
the State Wage Case principles:
(i) ensuring the
arrangement does not involve a reduction in ordinary time earnings and does not
depart from Commission standards of hours of work, annual leave with pay or
long service leave with pay; and
(ii) whether the
proposed award or variation is consistent with the continuing implementation at
enterprise level of structural efficiency considerations.
(g) The operative
date for an enterprise arrangement shall be no earlier that the date of
approval by the Industrial Relations Commission, except that the Industrial
Relations Commission may approve an earlier operative date to achieve
consistency with the operative date of an enterprise arrangement which has
earlier been approved by the Australian Industrial Relations Commission.
(h) Where parties
to an enterprise arrangement include employees covered by a federal award, an
agreement covering those employees may be submitted to the federal tribunal for
approval.
(i) The
Industrial Relations Commission is available to assist the parties to
negotiations for an enterprise arrangement by means of conciliation and, in
accordance with these principles and the Act, by means of arbitration. If any party to such negotiations seeks
arbitration of a matter relating to an enterprise arrangement such arbitration
shall be as a last resort.
(j) Enterprise
arrangements entered into directly between employees and employers shall be
processed as follows, subject to the Industrial Relations Commission being
satisfied in a particular case that departure from these requirements is
justified:
(i) All employees
will be provided with the current prescriptions (e.g., award, industrial
agreement or enterprise agreement) that apply at the place of work.
(ii) The
arrangement shall be committed to writing and signed by the employer, or the
employer's duly authorised representative, with whom agreement was reached.
(iii) Before any
arrangement is signed and processed in accordance with this principle, details
of such arrangement shall be forwarded in writing to the union or unions with
members in that enterprise affected by the changes and the employer
association, if any, of which the employer is a member.
(iv) A union or
employer association may, within 14 days thereof, notify the employer in
writing of any objection to the proposed arrangements, including the reasons
for such objection and in such circumstances the parties are to confer in an
effort to resolve the issue.
(v) Where an
arrangement is objected to by a union or employer association and the objection
is not resolved, an employer may make application to the Industrial Relations
Commission to vary an award or create a new award to give effect to the
arrangement.
(vi) A union and/or
employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(vii) If no party
objects to the arrangement, then a consent application shall be made to the
Industrial Relations Commission to have the matter approved in accordance with
paragraph (e) of this principle.
(viii) Such
arrangement once approved shall be displayed on a notice board at each
enterprise affected.
9.
Enterprise Consultative Mechanism
At each enterprise there shall be established a consultative
mechanism and procedures appropriate to their size, structure and needs for
consultation and negotiation on matters effecting their efficiency and
productivity.
10.
Redundancy
(1) Application
-
(i) In respect to
employer who employ 15 employees or more immediately prior to the termination
of employment of employees, in the terms of subclause (4), Termination of
Employment.
(ii) Notwithstanding
anything contained elsewhere in this award, this award shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iii) Notwithstanding
anything contained elsewhere in this award, this award shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the case
of casual employees, apprentices or employees engaged for a specific period of
time or for a specified task or tasks or where employment is terminated due to
the ordinary and customary turnover of labour.
(2) Introduction
of Change -
(i) Employer's duty
to notify -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
(ii) Employer's
duty to discuss change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in subclause (i) of
this clause, the effects the changes are likely to have on employees and measures
to avert or mitigate the adverse effects of such changes on employees, and
shall give prompt consideration to matters raised by the employees and/or the
union in relation to the changes.
(b) The discussion
shall commence as early as possible after a definite decision has been made by
the employer to make the changes referred to in subclause (i) of the clause.
(c) 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.
(3) Redundancy -
Discussions before termination -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to paragraph (a)
of subclause (i) of clause 2, Introduction of Change, 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.
(b) The discussion
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subclause (a) of this
clause 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.
(c) 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.
(4) Termination
of Employment -
(i) Notice for
changes in production, programme, organisation or structure - This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, organisation or structure, in accordance
with paragraph (a) of subclause (i) of clause 2, Introduction of Change:
(a) 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
|
|
|
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years continuous service, shall be entitled
to an additional week's notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(ii) Notice for
technological change - This subclause sets out the notice provisions to be
applied to termination by the employer for reasons arising from
"technology" in accordance with paragraph (a) of subclause (i) of the
said clause 2.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service with
the employer for the purposes of the Long Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time off
during the notice period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
leaving during the notice period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
to which the employee would have been entitled had the employee remained with
the employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled
to payment in lieu of notice.
(v) Statement of
employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink thereof as soon as possible, giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(vii) Centrelink
Employment Separation Certificate - The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an Employment Separation Certificate in the form required by
Centrelink.
(viii) Transfer to
lower-paid duties - Where an employee is transferred to lower-paid duties for
reasons set out in subclause (i) of the said clause 4, 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.
(5) Severance
Pay -
(i) Where an
employee is to be terminated pursuant to subclause 4, Termination of
Employment, subject to further order of the Industrial Relations Commission of
New South Wales, the employer shall pay the following severance pay in respect
of a continuous period of service.
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 years of
age entitlement
|
|
|
Less than 1 year………………………………...
|
Nil
|
1 year and less than 2 years…………………….
|
4 weeks
|
2 years and less than 3 years……………………
|
7 weeks
|
3 years and less than 4 years……………………
|
10 weeks
|
4 years and less than 5 years……………………
|
12 weeks
|
5 years and less than 6 years……………………
|
14 weeks
|
6 years and over………………………………...
|
16 weeks
|
|
|
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of Service
|
45 years of age and
over entitlement
|
|
|
Less than 1 year………………………………...
|
Nil
|
1 year and less than 2 years…………………….
|
5 weeks
|
2 years and less than 3 years……………………
|
8.75 weeks
|
3 years and less than 4 years……………………
|
12.5 weeks
|
4 years and less than 5 years……………………
|
15 weeks
|
5 years and less than 6 years……………………
|
17.5 weeks
|
6 years and over………………………………...
|
20 weeks
|
|
|
|
(c) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
Award.
(ii) Incapacity to
pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in subclause
(i) of this clause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in the said
subclause (i) will have on the employer.
(iii) Alternative
employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in subclause (i) if the employer obtains acceptable
alternative employment for an employee.
(6) Grievance
and Dispute Resolution Procedure -
(i) Procedures
relating to grievances of individual employees -
(a) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(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
employee's 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 employee
may be represented by an industrial organisation of employees.
(ii) Procedures
relating to disputes, etc., between employers and their 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
limits 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 employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
11.
Part-Time and Casual Employees
(a) Part-time
Employees -
(i) Part-time
employees may be employed.
(ii) The ordinary
hours of work, exclusive of meal times, shall be the same as those prescribed
for weekly employees but shall not in any case be less than twenty hours per
week.
(iii) Part-time
employees shall be paid at an hourly rate of pay which shall be at the rate of
one thirty-eighth of the weekly wage of the appropriate classification.
(iv) All other
provisions of this award with respect to annual leave, sick leave, and
holidays, shall apply to part-time employees.
(v) An employer
may not employ more than 25 per cent of employees as part-timers
(vi) Notwithstanding
the provisions of paragraphs (i) to (v) of this subclause, the union and an
employer may agree, in writing, to observe other conditions in order to meet
special cases.
(b) Casual
Employees -
(i) Casual
employees shall be paid an hourly rate equal to the appropriate weekly rate
divided by 38 plus seventeen and a half per cent calculated to the nearest half
cent with a minimum payment on any one day of four hours.
(ii) An employer
may not employ more than 25 per cent of employees as casuals.
(iii) Notwithstanding
the provisions of paragraph (i) and (ii) of this subclause the union and
employer may agree in writing to observe other conditions in order to meet
special cases.
(c) Notwithstanding
the above paragraphs (a)(v) and (b)(ii) no more than 25 per cent of the total
hours worked by employees covered by this award in any establishment in any
12-month period shall be worked by part-time and/or casual employees.
12.
Hours
(a) The ordinary
hours of working, excluding shift workers, hereinafter provided for exclusive
of meal hours, shall not exceed thirty-eight per week, to be worked between the
hours of 7.00 am. and 6.00 p.m. Monday to Friday inclusive.
An employer may, with the agreement of the appropriate
union, commence ordinary hours between 6.00 am. and 7.00 am. The union's consent shall not be withheld
unreasonably.
13.
Implementation of 38-Hour Week
The 38-hour week shall be worked in any of the following
ways:
(a) Four 8-hour
days and one 6-hour day per week
(b) Nine and a
half day fortnight
(c) 19-day month
with R.D.O.
(d) Actually work
7.6 hours per day
(e) Where
agreement exists between an employer and an employee, an employee may
accumulate up to 5 rostered days off.
Provided that such accumulated time shall be taken within 6 months of
the agreement to defer.
Payment shall be made in lieu for any accumulated time
which is untaken when an employee ceases employment with an employer.
(f) Any other
work cycle during which a weekly average of 38 ordinary hours are worked,
provided that on any day no more than ten hours ordinary time shall be worked.
Provided that:
(i) In any
establishment where there are ten or more employees, method of implementation
shall be by agreement with employees and relevant union(s) (if no agreement,
matter to be referred to the Commission).
(ii) In any
establishment where there are less than ten employees, method of implementation
shall be at the discretion of the employer.
(iii) Once
introduced the method of implementation is not to be changed except by
agreement; this includes methods in operation prior to this variation.
14.
12-Hour Engagements
Following consultation and agreement in writing with
employees and the appropriate union(s), an employer may introduce daily
engagements of twelve ordinary hours.
15.
Shift Work
(a) Hours - The
ordinary hours of shift workers shall not exceed:
(i) eight hours
in any consecutive twenty-four hours; or
(ii) 38 hours in
any one week; or
(iii) 76 hours in
fourteen consecutive days.
Shiftworkers shall be allowed twenty minutes on each
shift for crib which shall be counted as time worked.
(b) Overtime -
Subject to the provisions of subclause (c), Payment for Saturdays, and
subclause (d) Payments for Sundays and Holidays, of this clause, shift workers
shall for all time worked:
(i) in excess of
or outside of the ordinary shift work hours prescribed by this award; or
(ii) on more than
eleven shifts in twelve consecutive days; or
(iii) on a rostered
shift off;
be paid at the rate of time and a half for the first
two hours and double time thereafter.
(c) Payment for
Saturdays - Shift workers shall be paid at the rate of time and one-half for
ordinary rostered shifts worked on Saturday.
This rate shall be in substitution for, and not cumulative upon, the
shift allowance prescribed in subclause (e), Shift Allowance, of this clause.
(d) Payment for
Sundays and Holidays - Shift workers shall be paid at the rate of time and
three-quarters for ordinary rostered shifts worked on Sundays and at the rate
of double time for work other than on an ordinary rostered shift carried out on
Sundays.
Shift workers shall be paid at the rate of double time
and one-half for all work carried out (whether on an ordinary rostered shift or
otherwise) on any of the holidays prescribed in clause 20, Holidays.
The rates prescribed in this subclause shall be in
substitution for, and not cumulative upon, the shift allowances prescribed in
subclause (e), Shift Allowance, of this clause.
(e) Shift
Allowance -
(i) Employees
engaged on morning or afternoon shifts shall as defined in paragraph (iii) of
this subclause shall be paid as set out in Item 5 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, in addition to their appropriate rate of
pay.
(ii) Employees
engaged on night shift as defined in paragraph (iii) of this subclause shall be
paid the amount as set out in Item 6, of Table 2, in addition to their
appropriate rate of pay.
(iii) Shifts as set
out hereunder may be worked in the industry:
Day shift shall mean a shift worked between the hours of 7.00
a.m. and 6 p.m.
Morning shift shall mean a shift commencing before 7.00 a.m.
Afternoon shift shall mean a shift finishing after 6.00 p.m.
but not later than midnight.
Night shift shall mean a shift finishing after midnight but
not later than 7.00 a.m.
(iv) Clauses 12,
Hours; 16, Meal Hours; 18, Overtime; 19, Sundays; and 20, Holidays, of this
award, shall not apply to shift workers.
(v) Notwithstanding
the provisions of subclause (d) of this clause, Parke-Dais & Co., of 32-40
Cawarra Road, Caringbah, is exempted from the said provisions to the extent
necessary to allow night shift to finish not later than 8am.
16.
Meal Hours
(a) Lunch -
(i) There shall
be a meal break for lunch each day Monday to Friday, inclusive, between 11.45
a.m. and 1.45 p.m. of not less than 30 minutes nor more than one-hour as may be
determined by each employer for the employees.
(ii) An employee
called upon to work during the employee's meal break for lunch shall be paid at
the rate of time and a half for all time worked during such break and shall be
given, in the employer's time, a crib time of not less than twenty minutes to
partake of a meal. The said rate of time
and a half shall continue until the commencement of the paid crib break or
until the employee ceases work for the day, whichever is the earlier.
(b) Tea -
(i) Where
overtime exceeding one hour is to be worked a meal break for tea of not less
than thirty minutes nor more than one hour shall be allowed between 5.00 p.m.
and 7.00 p.m.; provided that a majority of employees may arrange with their
employer for all employees to continue to work for not more than two hours
beyond their usual finishing time without such meal break.
(ii) Subject to
the provisions of paragraph (i) of this subclause, an employee, called upon to
work during the employee's meal break for tea, shall be paid at the rate of
time and a half.
17.
Meal Allowance
An employee who is required to work for any period in excess
of one and one-half hours after the fixed finishing time, shall be allowed an
amount as set out in Item 7, of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates, for a meal which shall be paid to the employee prior to the
meal break.
18.
Overtime
(a) An employee
shall be paid overtime at the rate of time and a half for the first two hours
and double time thereafter for:
(i) all time
worked before the usual commencing time on any day;
(ii) all time worked
after the usual finishing time on any day;
(iii) all time
worked in excess of the daily limitation of hours prescribed by clause 12,
Hours, of this award.
(b) In computing
overtime any portion of an hour less than thirty minutes shall be reckoned as half
an hour and any portion of an hour in excess of thirty minutes shall be
reckoned as one hour.
(c) Any employee
required to work overtime on a Saturday, shall be paid a minimum payment of
four hours.
(d) Where an
employee, after having worked overtime, finishes work at a time when reasonable
means of transport are not available the employer shall provide the employee
with a conveyance, or pay the cost of such conveyance, to reach a point where
reasonable means of transport are available, or, if no such transport is
available, to the employee's home.
(e) An employee
recalled to work overtime after leaving the employer's business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of four hours' work at the appropriate rate for each time the employee
is recalled; provided that, except in the case of unforseen circumstances
arising, the employee shall not be required to work the full four hours if the
job the employee was recalled to perform is completed within a shorter period.
19.
Sundays
All work done on any Sunday shall be paid for at the rate of
double time with a minimum payment of four hours.
20.
Holidays
(a) The following
days or the day upon which they are observed shall be holidays: New Year's Day,
Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour
Day, Christmas Day, Boxing Day, and all other days proclaimed as public
holidays for the State and local gazetted public holidays in the districts to
which they apply.
(b) In addition to
the holidays specified in subclause (a) of this clause one additional holiday
(in lieu of Picnic Day) shall apply in each calendar year to an employee on
weekly hire. Such holiday shall be on
the day prescribed in subclause (a)(ii) of clause 7.7, of Holidays and Sunday
Work of the Metal Engineering Association Industries Federal Award 1998, as an
additional holiday in New South Wales; provided further that where any other
working day is observed as a picnic day by the general body of employees in any
establishment then such day shall be substituted for the additional holiday
hereinbefore prescribed. By agreement
between any employer and the majority of the employees another day may be
substituted for the additional holiday prescribed by this subclause in such
employer's undertaking.
(c) All award
holidays falling on a usual working day shall be counted as time worked and
paid for as such.
(d) An employee
who without reasonable cause absents himself without leave on the working day
immediately preceding or the working day immediately following an award holiday
shall not be entitled to payment for such holiday.
(e) Work done on
any award holiday or Easter Saturday shall be paid for at the rate of double
time and one-half with a minimum payment of four hours.
21.
Annual Leave
(a) Day workers
and six-day shift workers - See Annual Holidays Act 1944.
(b) Seven-Day
Shift Workers -
(i) In addition
to the leave prescribed by the Annual Holidays Act 1944, a further
period of seven consecutive days' leave with 38 hours pay at ordinary rates
shall be allowed annually to employees after not less than twelve months'
continuous service as seven-day shift workers under this award less the period
of annual leave.
(ii) An employee
with twelve months' continuous service who is employed for part of the
twelve-month period as a seven-day shift worker under this award shall be
entitled to have the leave prescribed by the Annual Holidays Act 1944,
increased proportionately for each month he is continuously employed as
aforesaid.
(iii) Where the
additional leave calculated under this subclause includes a fraction of a day
such fraction shall not form part of the leave period and any fraction shall be
discharged by payment only.
(iv) Annual leave
under this subclause shall be given and taken within a period not exceeding six
months from the date upon which the right to such leave accrued; provided that
the giving and taking of such annual leave may be postponed for a further
period not exceeding three months in cases where circumstances render it
impracticable to give or take it within the said period of six months; nothing
in this paragraph shall prevent the employer from allowing annual leave to an
employee before the right thereto has accrued, but where leave is taken in such
case a further period of annual leave shall not commence to accrue until after
the expiration of the twelve months in respect of which such annual leave had
been taken before it accrued.
(v) After 12
months' continuous service any employee whose employment is terminated by the
employer, through no fault of the employee, and/or any employee who leaves
employment in circumstances which did not amount to misconduct after six
months' continuous service in the then current qualifying twelve monthly period,
shall be paid for the proportionate period of annual leave to which the
employee would have been entitled if the employment had not been so terminated
(vi) The annual
leave provided for by this subclause shall be given and shall be taken and,
except as provided in paragraphs (iii) and (v) of this subclause, payment shall
not be made or accepted in lieu of annual leave.
(vii) Service with
an employer before the date of coming into force of this award shall count as
service for the purpose of the current qualifying twelve monthly period under
this clause.
22.
Annual Holidays Loading
(a) In this
clause the Annual Holidays Act 1944, is referred to as "the
Act".
(b) Before an
employee is given and takes his annual holiday, or, where by agreement between
the employer and the 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 the 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 (g) of this clause).
(c) The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act and this award.
(d) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled under the Act and this award (but
excluding days added to compensate for public or special holidays worked or
public or special holidays falling on an employee's rostered day off not
worked) where such a holiday is given and taken in separate periods, then in
relation to each such separate period.
(e) The loading is
the amount payable for the period or the separate periods as the case may be,
stated in subclause (d) of this clause at the rate per week of 17½ per cent of
the appropriate ordinary weekly time rate of pay prescribed by this award for
the classification in which the employee was employed immediately before
commencing the annual holiday, together with, where applicable, the additional
loadings prescribed by clause 3, Wages, of this award and any regular weekly
over-award payments, but shall not include any other allowances, penalty rates,
shift allowances, overtime rates or any other payments prescribed by this
award.
(f) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when the employee would have become entitled under the Act to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause (e) of this clause
applying the award rates of wages payable on that day.
(g) Where, in
accordance with the Act the employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned:
(i) an employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause (e) of this clause;
(ii) an employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable to the
employee under the Act such proportion of the loading that would have been
payable to the employee under this clause if the employee had become entitled
to an annual holiday prior to the close down as the qualifying period of
employment in completed weeks bears to 52.
(h)
(i) When the
employment of an employee is terminated by the employer for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (d) of this clause for the period not taken.
(ii) Except as
provided by paragraph (i) of this sub-clause no loading is payable on the
termination of an employee's employment.
(i) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if the employee had not been on holiday; provided
that if the amount to which the employee would have been entitled by way of
shift work allowances and weekend penalty rates for the ordinary time (not
including time on a public holiday or special holidays) 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.
23.
Sick Leave
An employee, who, is unable to attend for duty during his
ordinary working hours by reason of personal illness or personal incapacity
(including incapacity resulting from injury within the Workers' Compensation
Act 1987), not due to his own serious and wilful misconduct, shall be entitled
to be paid at ordinary time rate of pay for the time of such non-attendance
subject to the following:
(a) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to compensation under the Workers' Compensation
Act 1987.
(b) The employee
should within four hours where practicable, and in any case shall within
twenty-four hours, of the commencement of such absence, inform the employer of
the employee's inability to attend for duty and, as far as practicable, state
the nature of the injury or illness and the estimated duration of the absence.
(c) The employee
shall prove to the satisfaction of the employer, by the production of a medical
certificate or other satisfactory evidence, that the employee was unable, on
account of illness or injury, to attend for duty on the day or days for which
sick leave is claimed.
(d) Subject to the
other provisions of this clause, an employee shall be credited with 76 hours
paid sick leave in respect of each year of service which commences on or after
1 March 1979. Sick leave granted with
pay shall be deducted from such credit.
(e) Sick leave
entitlements not claimed in any one year shall accumulate from year to year so
long as the employment continues with the employer.
(f) Service
before the coming into force of this award shall be counted as service for the
purpose of qualifying thereunder.
(g) 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
payments shall be made. Provided
further, an employee shall forfeit any payment for sick leave if the employee
terminates the contract of employment within the first three months of
employment. Alternatively, if an
employer terminates the contract of employment within the first three months,
the employer shall pay the employee for any sick leave taken by the employee,
to a maximum of 76 hours.
(h) Notwithstanding
the provisions of this subclause an employer in consultation and agreement with
employees and the appropriate union(s), in writing, may observe other
provisions in respect to sick leave.
Provided that the quantum of sick leave stipulated in subclause (d)
hereof, shall not be reduced by such agreement(s).
24. Personal/Carer's Leave
(1) Use of Sick
Leave -
(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 23 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, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner 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 a person related by blood, marriage of 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
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.
(2) Unpaid Leave
for Family Purpose -
(a) 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 above, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(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 date 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.
(6) Rostered
Days Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
25.
Bereavement Leave
(a) An employee
other than a casual employee shall be entitled to up to three days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in (iii) below.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 24(1)(c)(ii), provided
that, fore the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
(d) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(e) Bereavement
leave may be taken in conjunction with other leave available under (1), (2),
(3), (4), (5) and (6) of clause 24. In
determining such a request the employer will give consideration to the
circumstances of the employee and the reasonable operation requirement of the
business.
26.
Mixed Functions
Any employee called upon to do work of a higher
classification than that in which the employee is working shall, if so employed
for at least one-half hour and less than two hours, be paid at the rate for
such higher classification for the time so employed.
If so employed for two hours or more the rate for the higher
classification shall be paid for the whole day.
27.
Proportion
(a) The proportion
of juniors to adults shall be not more than two juniors to each three
adults: Provided that one such junior
may be employed in a factory in any case.
Provided also that in labelling, bottling, wrapping or filling, as known
in the trade, the proportion of juniors shall be not more than two to one adult
but this proviso shall not apply to seidlitz powder, hypodermic and A.P.C.
filling and wrapping machines where the proportion of juniors shall be two to
each three adults.
(b) For the
purpose of this clause an employee shall be deemed to be an adult if paid an
adult rate of wage.
28.
General Conditions
(a) Where an
employee is required by the employer to wear a uniform, cap, coat, overall, or
other uniform dress, it shall be provided, maintained and laundered at the
employer's expense.
(b) Where the
nature of work performed by employees necessitates suitable industrial
clothing, including waterproof clothing and/or aprons, rubber boots or clogs,
work boots, work shoes, stockings, gloves, goggles, etc., they shall be supplied
and paid for by the employer and shall remain the property of the employer.
(c) Not less than
five minutes before ceasing time shall be allowed to employees for washing
purposes.
(d) Employees
shall be allowed a rest pause of ten minutes in the first half and in the
second half of each day or shift at a time to be mutually arranged. The employer shall provide hot water during
such rest pauses for the purpose of making tea or coffee.
(e) Employees
shall not be required to scrub floors, or to clean lunch rooms, dressing rooms,
and/or lavatories or engage in any other cleaning work of a major nature.
(f) Where an
employee is required to perform work of an unusually dirty, dusty and/or
offensive nature or to work in temperatures of abnormal heat or cold, the
employer shall provide for the use of such employees, showers or baths with hot
and cold water. Such employees shall be
paid the extra amount set out in Item 8, of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, whilst engaged on such work. Such employees shall be allowed ten minutes
off prior to ceasing time for cleansing purposes.
(g) When an
employee is required to stand on concrete, brick or stone floors the employer
shall provide a suitable mat or floor coverings as agreed upon between the
employer and the union.
(h) Laboratory
assistants and trainee chemists, who, as part of their training, attend
technical college classes in approved subjects, shall be allowed to attend at
such classes on one half day each week during ordinary working hours without
loss of pay.
(i) A well
ventilated rest rooms with suitable equipment shall be provided by the employer
for the use of employees.
(j) A separate
dining room, sufficient to accommodate the staff, shall be provided by the
employer. Such dining room shall contain sufficient table and seating
accommodation. Hot water shall be provided, without cost, for the employees and
reasonable provision shall be made for the care of employees' luncheons.
(k) NOTE: As to
welfare facilities for employees, see Factories, Shops and Industries Act
1962, and regulations thereunder.
(l) NOTE: As to
first-aid chest, see Factories, Shops and Industries Act 1962, and
regulations thereunder.
(m) Compensation to
the extent of the damage sustained shall be made where, in the course of work,
clothing and/or optical glasses are damaged or destroyed by, or through the use
of corrosive, explosive, inflammable or poisonous substances.
(n) Any
disagreement as to the application of the above provisions shall be referred to
the union and the employer, who shall confer, and, in the event of either one
of the parties being dissatisfied, such differences shall be referred to the
appropriate Industrial Committee or the Industrial Commission of New South
Wales for determination.
(o)
(i) Where an
employee is required to work at a place other than the usual place of work the
employee shall be paid all fares reasonably incurred in excess of those the
employee would normally incur attending the usual place of work and returning
home and shall be paid for half of all travelling time in excess of that taken
to reach the usual place of work and returning home.
(ii) Travelling
time shall be paid for at ordinary rates of pay.
(iii) The foregoing
subclause shall apply only to an employee temporarily transferred from his
usual place of work. A temporary
transfer shall mean periods of employment at places other than the usual place
of work up to a maximum of three consecutive weeks.
(iv) An employee
transferred from working place to working place during ordinary working hours
shall be paid for the time spent in travelling as for time worked and shall
receive reimbursement of fares incurred in such transfer.
(v) Where the
transfer involves an employee being absent from the normal place of abode the
employee shall be reimbursed for reasonable expenses incurred for accommodation
together with first-class rail fares to and from the place of transfer.
(p) An employer
shall permit a notice which has been duly authorised by the union secretary to
be posted on the notice board.
(q) An employee
who is appointed as a first-aid attendant shall be paid an additional payment
as set out in Item 9 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
(r) No deductions
shall be made from any leave due or from ordinary weekly wages due for time off
required by employees to sit for examinations relevant to their employment.
29.
Time and Payment of Wages
(a) Wages shall be
paid at or before the finishing time on the usual pay day which shall be not
later than Thursday in each week; Provided that, by mutual agreement between an
employer and the Shop, Distributive and Allied Employees' Association, New
South Wales or the Australian Workers' Union, New South Wales Branch or the
Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle and
Northern, New South Wales, wages may be paid on Fridays.
(b) Where it has
been the practice for an employer to keep wages in hand such practice may be
continued: Provided that the amount, in no case, shall exceed one day's pay.
30.
Method of Payment of Wages
(i) Subject to
the remainder of this Clause, payment of wages may, at the employers election
be made by means of payment by cash or Electronic Funds Transfer, provided that
payment by electronic funds transfer shall not be used wherever its use would
create harsh or unreasonable circumstances for employees.
(ii) Wherever
wages are paid by Electronic Funds Transfer under (i) above, the employer shall
meet the following costs:
(1) Where required
an employee's single account establishment charge.
(2) The cost of a
single deposit of wages in the employee's account including government charges.
(3) The cost of
single withdrawal of each deposit of wages from an employee's account.
(iii) Nothing in
this clause shall change existing site practices for payment by Electronic
Funds Transfer which were existing at the date of this variation.
31.
Termination of Employment
(a) Except in the
case of misconduct the employment of any employee may be terminated by one
week's notice on either side or by the payment or forfeiture (as the case may
be) of one week's wages in lieu of such notice.
(b) In the event
of a stoppage of work through any cause outside the employer's control, the
contract of employment may be continued, in which case the employer's liability
for payment shall be suspended for the duration of the stoppage of work: Provided that two working days' notice shall
be given to employees prior to such suspension.
(c) An employee
whose employment is terminated by the employer on the working day immediately
preceding a holiday or holidays, otherwise than for misconduct shall be paid
for such holiday or holidays.
(d) Any employee,
with more than three months' service, on leaving or being discharged, shall, if
the employee so requests, be given a note by the employer stating the length
and nature of the employment.
(e) Such note
shall be the property of the employee and shall be returned to the employee
unmarked by any subsequent employer within seven days from the commencement of
the employee's service.
32.
Long Service Leave
See Long Service Leave Act 1955.
33.
Right of Entry
See section 298 of the Industrial Relations Act 1996.
34.
Trade Union Training
Authorised delegates of any of the unions party to this
award who are nominated by the secretary of the union to attend a training
course or programme conducted under the auspicies of the authority established
under the Trade Union Training Authority Act, 1975, or sponsored by the
Australian Council of Trade Unions, the State Branch of the Australian Council
of Trade Unions or by a union party to this award shall be granted leave of
absence while attending such course or courses provided that:
(i) at least two
weeks prior to attendance at the course or courses the employer receives
written notice of the nomination from the union secretary setting out the
times, dates, content and venue of the course;
(ii) nominations
shall not involve absences from work of more than two delegates from each union
per establishment (for a maximum of three days for each nominee) in each
calendar year and, for the purpose of this subclause, a calendar year shall
mean the period from January 1 to December 31 inclusive;
(iii) leave of
absence granted shall be counted as time
worked for the purposes of annual leave, sick leave and
long service leave. Delegates attending
shall receive their normal rate of pay whilst on such leave including shift
allowances, but other allowances, penalty rates or any other daily or hourly
payments prescribed by this award shall not be payable. The rate of pay for such leave shall be
shared equally between the employer and the union concerned.
35.
Union Delegate
An employee appointed union delegate in the shop or
department in which he is employed shall upon notification thereof to his
employer, be recognised as the accredited representative of the Shop,
Distributive & Allied Employees' Association, New South Wales, and/or The
Australian Workers' Union New South Wales Branch and/or the Shop Assistants and
Warehouse Employees' Federation of Australia, Newcastle and Northern New South
Wales.
36.
Parental Leave
See Part 4 of Chapter 2 of the Industrial Relations Act
1996.
37. Blood Donor Leave
Where blood donation facilities are made available at an
employer's establishment covered by this award, or at some other nearby place,
an employee, who donates blood at such facility during the employee's ordinary
working hours shall be entitled to one hour's paid leave on each occasion for
that purpose provided that, before making payment for such leave, the employer
may require satisfactory proof of the employee's blood donation. Production of the relevant Blood Bank card
or certificate, properly completed, shall constitute such satisfactory proof.
38.
Jury Service
An employee shall be allowed leave of absence during any
period when required to attend for jury service.
During such leave of absence, an employee shall be paid the
difference between the jury service fees received and the employee's award rate
of pay as if working.
An employee shall be required to produce to the employer
proof of jury service fees received and proof of requirement to attend and
attendance on jury service and shall give the employer notice of such
requirements as soon as practicable after receiving notification to attend for
jury service.
39.
Superannuation
(1) Definitions
- In this clause:
(i) "ASSET"
means the Australian Superannuation Savings Employment Trust constituted by a
deed made 14 October 1987, and includes any superannuation scheme which may be
made in succession thereto.
(ii) "CARE"
means the Clerical Administrative Retail Employees occupational superannuation
fund constituted by a deed made 18 September 1986, and includes any
superannuation scheme which may be made in succession thereto.
(iii) "Eligible
employees" means:
(a) a weekly
employee (including a part-time employee) who has had 4 weeks continuous
service with the employer; or
(b) a casual
employee, who has had 76 hours or 4 weeks' service with the employer, whichever
period is the longer.
(iv) "Service
with the employer" means employed to work in an establishment where such
employment is governed by the terms of the Drug Factories (State) Award
(hereinafter referred to as "the award").
(v) "Ordinary-time
earnings" means"
(a) in the case of
a weekly employee, his/her classification's weekly rate of pay, plus, where
applicable, special rates, shift allowance rates, or first-aid attendant rate
for ordinary hours of labour;
(b) in the case of
a part-time employee, the number of ordinary hours worked in each week
multiplied by the appropriate hourly rate for the classification of the
employee, plus, where applicable, special rates, shift allowance rates, and
first-aid attendant rate for ordinary hours of work;
(c) in the case of
a casual employee, the number of ordinary hours worked in each week multiplied
by the appropriate hourly rate for the classification of the employee for
ordinary hours of work (including, where applicable, special rates, shift
allowances rates, or first-aid attendant rate) plus 17 1/2 per cent of that
sum, for ordinary hours of work.
(vi) "Classification's
rate of pay" and "special rates" shall mean the relevant amounts
prescribed in clause 3, Wages.
(vii) "Shift
allowance rates" shall mean the relevant amounts and/or premium prescribed
in subclauses (c), (d) and (e) of clause 15, Shift Work, of this award.
(viii) "First-aid
attendant rate" shall mean the relevant amount prescribed in subclause (q)
of clause 28, General Conditions, of this award.
(ix) Ordinary-time
earnings shall also include any "overaward payment".
"Overaward payment" means the amount (whether
it be termed "overaward payment", "attendance bonus",
"service increment", or any term whatsoever) which an employee would
receive in excess of the award rate of pay for the classification in which such
an employee is engaged. Provided that
such payment shall exclude payments related to overtime, shift premiums,
penalty rates and meal money allowance and any other ancillary payment of a
like nature prescribed by this award.
(x) "Union"
means The Australian Workers' Union, New South Wales Branch, and/or the Shop,
Distributive and Allied Employees' Association, New South Wales, and/or the
Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle and
Northern, New South Wales.
(xi) "The
fund" means as follows:
(a) An approved
superannuation fund to which an employer, prior to 21 February 1989, was making
contributions on behalf of employees, where such contributions were intended to
be in satisfaction of the Superannuation Principle adopted by the State Wage
Case of 1986, as varied from time to time by subsequent State Wage Case
decisions, provided that this provision shall not be applicable to an employer
unless such employer, on or before 14 July 1989, files with the Industrial
Registrar an election to adopt such fund and such election is not disallowed by
order of the Commission after hearing the employer and the relevant union.
An election under this subparagraph shall set out the
name and date of inception of the fund and the extent of contributions per
employee, together with information relevant to establishing that the fund is
an approved fund and that contributions were intended to be in satisfaction of
the Superannuation Principle.
(b) Notwithstanding
the above, where an employer, prior to 21 February 1989, is not making the
contributions specified in paragraph (a) hereof, then it shall be ASSET or CARE
as determined by the majority of the award covered employees.
(c) For the
purpose of this paragraph an approved superannuation scheme means a scheme
approved in accordance with the Commonwealth Operational Standards for
Occupational Superannuation Funds.
(xii) "Trustee"
means either the trustee of the approved superannuation fund referred to in
subparagraph (a) of paragraph (xi) of this subclause or the trustee of ASSET or
CARE (whichever is the case).
(2) Enrolment -
(i) Each employer
shall:
(a) as soon as
practicable, if they have not already done so, after 21 February 1989, enter
into a Deed of Adoption or a Deed of Adherence (whichever is the case) with the
Trustee acknowledging itself to be bound by the fund trust deed; and
(b) take all
necessary steps to ensure that each of his/her eligible employees becomes a
member of the fund.
(ii) Each eligible
employee shall join the fund.
(3) Employer
Contributions -
(i) Each employer
shall pay to the Trustee in respect of each eligible employee an amount equal
to 3 per cent of the employee's ordinary time earnings from 21 February 1989.
(ii) When an
employee provided for in paragraph (iii) of subclause (1), Definitions of this
clause becomes an eligible employee, the employer shall pay contributions for
the qualifying period.
(4) Remitting
Payments -
Each employer shall remit to the Trustee of the fund
all payments due in respect of his/her employees immediately at the conclusion
of each calendar month or at such other times and in such other manner as may be
agreed in writing between the Trustee and the employer.
(5) Records -
The employer shall retain all records relating to the
calculation of payments due to the fund in respect of each employee and such
records shall be retained for a period of six years. They shall be available for inspection by:
(i) the officials
of the union; or
(ii) representatives
of the Trustee.
(6) Statement of
Contributions - The employer shall provide to each employee a statement setting
out the amount of contributions made on the employee's behalf into the fund,
together with details of any authorised employee contributions made in
accordance with subclause (9), Employee Contributions, of this clause.
In the case of persons employed on a seasonal basis
only, such statement shall be provided at the completion of the relevant
season.
In the case of other employees, such statement shall be
provided yearly, at the anniversary of their membership of the fund or
employment.
(7) Unpaid
Contributions -
Where an employer has failed, pursuant to subparagraph
(a) of paragraph (i) of subclause (2), Enrolment, of this clause, to make
application to participate in the fund, the employer shall make application to
participate in the fund and upon acceptance by the Trustees shall make an initial
contribution to the fund, in respect of each eligible employee, equivalent to
the contributions which would have been payable under subclause (4), Employer
Contributions, of this clause, had the employer made application to participate
in the fund and been accepted by the Trustee prior to 21 February 1989 after
which the employer shall then continue to make payments as prescribed by this
clause. Other than for backpayment of
contributions, the employee shall not be entitled to death and disability cover
until such time as the employer becomes a member of the fund, that is, the date
of acceptance by the Trustees. Provided
that the employer's protection in relation to death and disability cover shall
be limited for a period of six months from 21 February 1989.
(8) Exemptions -
(i) An employer
may apply in writing to the Industrial Registrar for an exemption within 90
days from 21 February 1989, which is the date of the ratification of this
clause by the Industrial Commission of New South Wales, in Matter No. 793 of
1988.
(ii) Notwithstanding
the provisions of paragraph (xi) of subclause (1), Definitions, the fund, in
the case of Soul Pattinson Laboratories Pty Ltd, Soul Manufacturing Pty Ltd and
Washington H. Soul Pattinson Ltd, shall be the Retail Employees Superannuation
Trust fund.
(iii) Notwithstanding
the provisions of the said subclause (2) the fund in the case of Astra
Pharmaceuticals Pty Ltd shall be the Astra Pharmaceuticals Productivity
Superannuation Fund.
(iv) R and C
Products Pty Limited shall be exempt from the provisions of this clause.
(v) Merck Sharp
and Dohme (Australia) Pty Limited shall be exempt from the provisions of this
clause.
(vi) Notwithstanding
the provisions of paragraph (xi) of subclause 1, Definitions, the Fund, in the
case of Abbott Australasia Pty Ltd, shall be the Abbott Employees
Superannuation Fund. Provided that in
the event that the Abbott Employees Superannuation Fund ceases to be an
approved superannuation scheme - as defined by subparagraph (c) of the said paragraph
(xi) - then Abbott Australasia Pty Ltd shall cease to be exempt from
subparagraph (b) of the said paragraph (xi).
(9) Employee
Contributions - Employees employed in
the industry who may wish to make contributions to the fund additional to those
being paid pursuant to subclause (3), Employer Contributions, of this clause
shall be entitled to authorise his/her employer to pay into the fund from the
employee's wages, amounts specified by the employee in accordance with the fund
trust deed and rules.
(10) Statement of
Service - For the purpose of ensuring that an employee may prove his/her
service in the industry so as to become an eligible employee, each employer
shall, if requested by an employee, provide such an employee with a written
statement setting out the dates of employment with the employer.
40. Disputes Procedure
Work shall continue without any industrial action or other
sanctions, through the following procedure:
Any grievance in the first instance shall be discussed
between the employee and the immediate supervisor.
Discussions between the employee/s concerned at the
employee/s request the appropriate union shop steward/delegates, and the
immediate supervisors;
Discussions involving the employee(s), the shop steward(s)
and more senior management;
Discussions involving representatives from the State Branch
of the Union(s) concerned and the employer organisation Branch representatives;
Discussion involving senior union officials and the employer
organisation;
In the event that disagreement remains the parties shall
notify the Industrial Registrar in accordance with Section 130 of the Industrial
Relations Act 1996.
41.
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 and age.
(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.
(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.
42. Training
Conditions
(A) Application ¾
(i) Subject to
subclause (iii), this clause shall apply to persons who are undertaking a
traineeship (as defined) and is to be read in conjunction with any former
industrial agreement or instrument of the Industrial Relations Commission of New
South Wales which covers the terms and conditions of employment of persons
performing work covered by this award.
(ii) The terms and
conditions of this award or any former industrial agreement of the Industrial
Relations Commission of New South Wales shall apply, except where inconsistent
with this clause.
(iii) Notwithstanding
the foregoing, this clause shall not apply to employees who were employed by an
employer under this award prior to the date of approval of a Traineeship
relevant to the employer, except where agreed upon between the employer and the
Australian Workers’ Union, New South Wales.
(iv) This award
does not apply to the apprenticeship system.
(B) Objective ¾ The
objective of this clause is to assist win the establishment of a system of
traineeships which provides approved training in conjunction with employment in
order to enhance the skill levels and future employment prospects of trainees,
particularly young people, and the long term unemployed. The system is neither
designed nor intended for those who are already trained and job ready. It is
not intended that existing employees shall be displaced from employment by
trainees. Nothing in this clause shall be taken to replace the prescription of
training requirements otherwise prescribed in this award.
(C) Definitions ¾
Approved Training means training undertaken (both on and off the job) in a
traineeship and shall involve formal instruction, both theoretical and
practical, and supervised practices in accordance with a traineeship scheme
approved by the Department of Education and Training, or successor
organisation. The training will be accredited and lead to qualification as set
out in subclause (D) Training Conditions.
Traineeship Agreement means an agreement made subject to the
terms of this award between an employer and the trainee for a traineeship and
which is registered with the relevant NSW Training Authority. A traineeship
agreement shall be made in accordance with the relevant approved traineeship
scheme and shall no operate unless this conditions is met.
Traineeship Scheme means an approved traineeship applicable
to a group or class of employees or to an industry or sector of an industry or
an enterprise. A traineeship scheme
shall no be given approval unless consultation and negotiation with the union
upon the terms of the proposed traineeship scheme and the traineeship have
occurred. An application for approval of a traineeship scheme shall identify
the relevant union and demonstrate to the satisfaction of the approving authority
that the abovementioned consultation and negotiations have occurred. A
traineeship scheme shall include a standard format which may be used for a
traineeship agreement.
Parties to a Traineeship Scheme means the employer
organisation and / or the employer and union involved in the consultation and
negotiation required for the approval of a traineeship scheme.
Relevant union means a union party to this award and which
is entitled to enrol the trainee as a member..
Trainee means an employee who is bound by a traineeship
agreement made in accordance with this award.
Traineeship means a system of training which has been
approved by the relevant NSW Training Authority, or which has been approved on
an interim basis by the relevant NSW Training Authority until final approval is
granted by the relevant NSW Training Authority.
Training Agreement means an agreement made subject to the
terms of this clause between an employer and the trainee for a traineeship and
which is registered with the relevant NSW Training Authority. A traineeship
agreement shall be made in accordance with the relevant approved traineeship
scheme and shall not operate unless this condition is met.
Relevant NSW Training Authority means the Department of
Education and Training, or successor organisation.
Appropriate State Legislation means the Industrial and
Commercial Training Act 1989 or any successor legislation.
(D) Training
Conditions ¾
(i) The trainee
shall attend an approved training course or training programme as prescribed in
the Training Agreement or as notified to the trainee by the Relevant NSW
Training Authority in an accredited and relevant traineeship.
(ii) A Traineeship
shall not commence until the relevant Training Agreement, made in accordance
with a traineeship scheme, has been signed by the employer and by the trainee
and lodged for registration with the Relevant NSW Training Authority, provided
that if the traineeship agreement is not in a standard format, a traineeship
shall not commence until the traineeship agreement has been registered with the
relevant NSW Training Authority.
(iii) The employer
shall ensure that the trainee is permitted to attend the training course or
programme provided for in the Training Agreement and shall ensure that the
trainee received the appropriate on-the-job- training.
(iv) The employer
shall provide a level of supervision in accordance with the Training Agreement
during the traineeship period.
(v) The employer
agrees that the overall training programme will be monitored by officers of the
Relevant NSW Training Authority and training records or work books may be
utilised as part of this monitoring process.
(vi) Training shall
be directed at:
(1) the
achievement of key competencies required for successful participation in the workplace
(e.g., literacy, numeracy, problem solving, team work, using technology), and
an Australian Qualification Framework Certificate Level I.
This could be achieved through foundation competencies
which are part of endorsed competencies for an industry or enterprise; and/or
(2) the
achievement of key competencies required for successful participation in an
industry or enterprise (Where there are endorsed national standards these will
define these competencies) as are proposed to be included in an Australian
Qualification Framework Certificate Level II or above.
(E) Employment
Conditions ¾
(i) A trainee
shall be engaged as a full-time employee for a maximum of one year’s duration
provided that a trainee shall be subject to a satisfactory probation period of
up to one month, which may be reduced at the discretion of the employer. By
agreement in writing, and with the consent of the relevant NSW Training
Authority, the parties to a traineeship agreement may vary the duration of the
traineeship and the extent of approved training, provided that any agreement to
vary is in accordance with the relevant traineeship scheme.
(ii) An employer
shall not terminate the employment of a trainee without firstly having provided
written notice of termination to the trainee concerned to the relevant NSW
Training Authority in accordance with the traineeship agreement or the Industrial
and Commercial Training Act 1989.
An employer who chooses not to continue the employment
of a trainee upon the completion of the traineeship shall notify, in writing,
the relevant NSW Training Authority of their decision.
(iii) The trainee
is permitted to be absent from work without loss of continuity of employment
and / or wages to attend the training in accordance with the traineeship
agreement.
(iv) Where the
employment of a trainee by an employer is continued after the completion of the
traineeship period, such traineeship period shall be counted as service for the
purposes of any entitlements accrued pursuant to this award or any other
legislative entitlements.
(v)
(a) The
Traineeship Agreement may restrict the circumstances under which the trainee
may work overtime and shift work in order to ensure the training programme is
successfully completed.
(b) Trainees shall
not work overtime or shift work on their own unless consistent with the
provisions as otherwise set out in this award.
(c) No trainee
shall work shift work unless the relevant parties to the making of this award
agree that such shiftwork makes satisfactory provision for approved training.
Such training may be applied over a cycle in excess of a week, but must average
over the relevant period no less than the amount of training required for
non-shiftwork trainees.
(d) The trainee
wage shall be the basis for the calculation of overtime and/or shift penalty
rates as prescribed otherwise in this award, unless otherwise agreed by the
parties to a traineeship scheme.
(vi) All other
terms and conditions of this award that are applicable to the trainee, or would
be applicable to the trainee but for this clause, shall apply unless
specifically varied by this clause.
(viii) A trainee who
fails to either complete the traineeship or who cannot, for any reason, be
placed in full-time employment with the employer on successful completion of
the traineeship, shall not be entitled to any severance payment.
(F) Wages ¾
(i)
(1) The weekly
wages payable to full-time trainees shall be as follows:
Industry/Skill Level A
|
Table 1
|
Industry/Skill Level B
|
Table 2
|
Industry/Skill Level C
|
Table 3
|
(2) These wage
rates prescribed by this clause will only apply to trainees while they are
undertaking an approved traineeship which includes structured training as
defined in this clause.
(3) The wage rates
prescribed by this clause do not apply to complete trade level training which
is covered by the apprenticeship system.
(ii) Appendix A -
Industry/Skill Levels, of Part C, sets out the skill level of a
traineeship. The industry/Skill levels
contained in Appendix A are illustrative of the appropriate levels but are not
determinative of the actual skill levels (i.e. skill levels A, B or C), that
may be contained in a Traineeship Scheme.
The determination of the appropriate skill level for the purpose of
determining the appropriate wage shall be based on the following criteria:
(1) Any previous
agreement of the parties
(2) the nature of
the industry;
(3) the total
training plan;
(4) recognition
that training can be undertaken in stages;
(5) the exit skill
level in the this award contemplated by the traineeship.
In the event that the parties disagree with such
determination, it shall be open to any party to the award to seek to have the
matters in dispute determined by the Industrial Relations Commission of New
South Wales.
(iii) For the purposes
of this provision "out of school" shall refer only to periods out of
school beyond Year 10, and shall be deemed to:
(1) include any
period of schooling beyond Year 10 which was not part of nor contributed to a
completed year of schooling;
(2) include any
period during which a trainee repeats in whole or part a year of schooling
beyond Year 10;
(3) not include
any period during a calendar year in which a year of schooling is completed.
(iv) At the
conclusion of the traineeship, this clause ceases to apply to the employment of
the trainee and the award shall apply to the former trainee.
(v) The rates of
pay in this award include the adjustment as set out in Part B, Monetary Rates
payable under the State Wage Case of May 2000 decision. This adjustment may be
offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net adjustments and minimum rates
adjustments.
(G) Grievance
Procedures ¾
(i) Procedure
relating to grievances of individual trainees:
(1) A trainee
shall notify the employer as to the substance of any grievance and request a
meeting with the employer for bilateral discussions in order to settle the
grievance.
(2) If no remedy
to the trainee's grievance is found, then the employee shall seek further
discussions and attempt to resolve the grievance at a higher level of
authority, where appropriate.
(3) Reasonable
time limits must be allowed for discussion at each level of authority.
(4) At the
conclusion of the discussions, the employer must provide a response to the
trainee's grievance, if the matter has not been resolved, including reasons for
not implementing any proposed remedy. At this stage an employer or a trainee
may involve an employer organisation or union of which the trainee is a member.
(5) If no
resolution of the trainee’s grievance can be found, then the matter may be
referred to the Industrial Relations Commission of New South Wales by either
the trainee or the employer or the industrial organisation representing either
party.
(6) Whilst this
grievance procedure is being followed, normal work shall continue.
(ii) Procedures
relating to disputes, etc. between employers and their trainees:
(1) A question,
dispute or difficulty must initially be dealt with at the workplace level where
the problem has arisen. If the problem cannot be resolved at this level, the
matter shall be referred to a higher level of authority.
(2) If no
resolution can be found to the question, dispute or difficulty, the matter may
be referred to the Industrial Relations Commission of New South Wales by any
party to the dispute or the industrial organisation representing any of the
parties to the dispute.
(3) Reasonable
time limits must be allowed for discussion at each level of authority.
(4) While a
procedure is being followed, normal work must continue.
(5) The employer
may be represented by an industrial organisation of employers and the trainees
may be represented by an industrial organisation of employees for the purpose of
each procedure.
43. Leave Reserved
Leave is reserved to any union party to this award to apply
as it may be advised during the currency of the award in respect of:
Medical examinations.
Part-time employees.
Reserve Forces leave.
Charge hands.
Rates of pay.
44.
Area, Incidence and Duration
(a) This award
shall apply to employees in drug warehouse and/or drug factories engaged in or
in connection with the making, preparing, handling, putting up, reception, sale
or delivery of drugs, galenicals, pharmaceutical goods, cosmetics, perfumes,
toilet preparations, medical or household chemicals and all employees engaged
in or in connection with the making, preparing handling, putting up, reception,
sale or delivery of surgical, medical and/or hygienic dressings (other than
employees within the jurisdiction of the Textile Workers' (State) Industrial
Committee) and employees covered by the Warehouse Employees, Drug (State)
Award, in force from time to time and all employees, other than in hospitals,
engaged in the preparing and putting up of catgut and the making of catgut
preparations within the State excluding the County of Yancowinna within the
jurisdiction of the Drug Employees' (State) Industrial Committee.
(b) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Drug Factories (State) Award published 26
August 1981, reprinted 16 May 1984 and further reprinted 8 November 1991 (265
I.G. 1356) as varied, and the Drug Factories Redundancy (State) Award published
6 October 1995 (288 I.G. 580), and the Drug Factories Training Wage (State)
Award published 8 December 1995 (289 I.G. 1088) and all variations thereof.
(c) This award
shall take effect on and from 3 April 2001, and shall remain in force until
varied or rescinded, the period for which the said award was made having
already expired.
PART B
MONETARY RATES
Table 1 - Wages
Item
No
|
Classification
|
Base Rate
(Includes
ASNA $10)
$
|
June 1998
SWC
Per Week
$
|
June 1999
SWC
Per Week
$
|
May 2000
SWC
Per Week
$
|
Total rate
per week
$
|
DIVISION I -
|
1
|
Chief Chemist
|
511.05
|
14.00
|
12.00
|
15.00
|
550.05
|
2
|
Research Chemist
|
470.15
|
14.00
|
12.00
|
15.00
|
511.15
|
|
3
|
Analytical and/or process Chemist
|
442.20
|
14.00
|
12.00
|
15.00
|
483.20
|
|
4
|
Trainee Chemist -
First year of adult service
Second year of adult service
Third year of adult service
|
391.30
407.70
424.20
|
14.00
14.00
14.00
|
12.00
12.00
12.00
|
15.00
15.00
15.00
|
432.30
448.70
465.20
|
|
5
|
Laboratory Assistant
|
399.30
|
14.00
|
12.00
|
15.00
|
440.30
|
|
DIVISION II -
|
|
6
|
Pill Making
|
403.30
|
14.00
|
12.00
|
15.00
|
444.30
|
|
7
|
Pill and Tablet Making
|
403.30
|
14.00
|
12.00
|
15.00
|
444.30
|
|
8
|
Manufacturing complex
Pharmaceuticals involving
a chemical change
|
403.30
|
14.00
|
12.00
|
15.00
|
444.30
|
|
9
|
Granulating (hand, Machine and/or hot table)
|
403.30
|
14.00
|
12.00
|
15.00
|
444.30
|
|
DIVISION III -
|
|
10
|
Tablet Compressing
|
397.20
|
14.00
|
12.00
|
15.00
|
438.20
|
|
11
|
Hydrogen Peroxide
|
397.20
|
14.00
|
12.00
|
15.00
|
438.20
|
|
12
|
Spirit recovery still operator
|
397.20
|
14.00
|
12.00
|
15.00
|
438.20
|
|
13
|
Spiritous percolating
|
397.20
|
14.00
|
12.00
|
15.00
|
438.20
|
|
14
|
Nail Lacquer
|
397.20
|
14.00
|
12.00
|
15.00
|
438.20
|
|
15
|
Manufacturing empty hard Gelatine capsules
|
397.20
|
14.00
|
12.00
|
15.00
|
438.20
|
|
16
|
Machine attendant
|
397.20
|
14.00
|
12.00
|
15.00
|
438.20
|
|
DIVISION IV -
|
|
17
|
Fluid Magnesia
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
18
|
Emulsions (cod liver oil and paraffin types)
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
19
|
Toothpaste
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
20
|
Ointments
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
21
|
Cosmetics for males and Females
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
22
|
Perfumes
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
23
|
Creams
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
24
|
Lotions and repellents
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
25
|
Hair Sprays
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
26
|
Hair oils and hair tints
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
27
|
Manufacturing pharmaceuticals not Otherwise provided for
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
28
|
Bottle Checker and sorter
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
29
|
Filling raw materials, partly processed materials &/or
finished products into bulk receptacles for subsequent processing
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
30
|
Manufacture for any of the above items for aerosol packs
|
392.70
|
14.00
|
12.00
|
15.00
|
433.70
|
|
DIVISION V -
|
|
31
|
Laboratory Attendant
|
383.50
|
14.00
|
12.00
|
15.00
|
424.50
|
|
32
|
Household chemicals, cleaners and detergents
|
383.50
|
14.00
|
12.00
|
15.00
|
424.50
|
|
33
|
Bottle washer (by hand or machine)
|
383.50
|
14.00
|
12.00
|
15.00
|
424.50
|
|
34
|
Quality Inspector
|
383.50
|
14.00
|
12.00
|
15.00
|
424.50
|
|
35
|
APC and Seiditz powder machine operator
|
383.50
|
14.00
|
12.00
|
15.00
|
424.50
|
|
36
|
Filling and finishing retail packs up to transfer point
from factory end of line packaging departments to warehouse and dispatch
departments
|
383.50
|
14.00
|
12.00
|
15.00
|
424.50
|
|
37
|
Cutting, filling or sealing Ampoules
|
383.50
|
14.00
|
12.00
|
15.00
|
424.50
|
|
38
|
All other employees not otherwise provided for
|
383.50
|
14.00
|
12.00
|
15.00
|
424.50
|
|
Table 2 ¾ Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
$
|
1
|
3(d)(i)
|
Junior trainee lab assistants who undertake an appropriate
certificate course
|
1.40 per week
|
2
|
3(d)(ii)
|
Senior hands
|
4.10 per week
|
3
|
3(d)(iii)
|
Charge Hands' Allowances:
In charge of 1 to 5 employees
In charge of 6 to 10 employees
In charge of more than 10 employees
|
15.60 per week
18.70 per week
22.50 per week
|
4
|
3(d)(iv)
|
Employees appointed as checkers
|
3.40 per week
|
5
|
15(e)(i)
|
Engaged on morning or afternoon shifts
|
12.40 per shift
|
6
|
15(e)(ii)
|
Engaged on night shifts
|
16.70 per shift
|
7
|
17
|
Meal Allowance - required to work overtime in excess of
11/2 hours after finishing time.
|
9.10
|
8
|
28(f)
|
Required to perform work of an unusually dirty, dusty
and/or offensive nature or temperatures of abnormal heat/cold
|
0.37 per hour
|
9
|
28(q)
|
Appointed as a first-aid attendant
|
2.25 per day or shift
|
PART C ¾
INDUSTRY/SKILL LEVEL RATES
Table 1 ¾ Industry/Skill Level a
Where the accredited training course and work performed are
for the purposes of generating skills which have been defined for work at
industry/skill level A.
From the first full pay period to commence on or after 3
April 2001.
Highest Year of
Schooling Completed
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
|
|
|
|
School Leaver
|
165.00
|
198.00
|
241.00
|
Plus 1 year our of school
|
198.00
|
241.00
|
281.00
|
Plus 2 years
|
241.00
|
281.00
|
327.00
|
Plus 3 years
|
281.00
|
327.00
|
374.00
|
Plus 4 years
|
327.00
|
374.00
|
|
Plus 5 years
|
374.00
|
|
|
From the first full pay period to commence on or after 3
October 2001.
Highest Year of
Schooling Completed
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
|
|
|
|
School Leaver
|
187.00
|
205.00
|
249.00
|
Plus 1 year out of school
|
205.00
|
249.00
|
290.00
|
Plus 2 years
|
249.00
|
290.00
|
337.00
|
Plus 3 years
|
290.00
|
337.00
|
386.00
|
Plus 4 years
|
337.00
|
386.00
|
|
Plus 5 years
|
386.00
|
|
|
Table 2¾ Industry/Skill
Level B
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at
industry/skill level B.
From the first full pay period to commence on or after 3
April 2001.
Highest Year of
Schooling Completed
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
|
|
|
|
School Leaver
|
165.00
|
198.00
|
231.00
|
Plus 1 year out of school
|
198.00
|
231.00
|
266.00
|
Plus 2 years
|
231.00
|
266.00
|
312.00
|
Plus 3 years
|
266.00
|
312.00
|
356.00
|
Plus 4 years
|
312.00
|
356.00
|
|
Plus 5 years
|
356.00
|
|
|
From the first full pay period to commence on or after 3
October 2001.
Highest Year of
Schooling Completed
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
|
|
|
|
School Leaver
|
187.00
|
205.00
|
239.00
|
Plus 1 year out of school
|
205.00
|
239.00
|
275.00
|
Plus 2 years
|
239.00
|
275.00
|
323.00
|
Plus 3 years
|
275.00
|
323.00
|
368.00
|
Plus 4 years
|
323.00
|
368.00
|
|
Plus 5 years or more
|
368.00
|
|
|
Table 3 ¾ Industry/Skill Level C
Where accredited training course and work performed are for
the purpose of generating skills which have been defined for work at
industry/skill level C.
From the first full pay period to commence on or after 3
April 2001.
Highest Year of
Schooling Completed
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
|
|
|
|
School Leaver
|
165.00
|
198.00
|
221.00
|
Plus 1 year out of school
|
198.00
|
221.00
|
248.00
|
Plus 2 years
|
221.00
|
248.00
|
278.00
|
Plus 3 years
|
248.00
|
278.00
|
311.00
|
Plus 4 years
|
278.00
|
311.00
|
|
Plus 5years
|
311.00
|
|
|
From the first full pay period to commence on or after 3
October 2001.
Highest Year of
Schooling Completed
|
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
|
|
|
|
School Leaver
|
187.00
|
205.00
|
230.00
|
Plus 1 year out of school
|
205.00
|
230.00
|
258.00
|
Plus 2 years
|
230.00
|
258.00
|
289.00
|
Plus 3 years
|
258.00
|
289.00
|
323.00
|
Plus 4 years
|
289.00
|
323.00
|
|
Plus 5 years or more
|
323.00
|
|
|
T. M. KAVANAGH J.
DRUG EMPLOYEES
(STATE) INDUSTRIAL COMMITTEE
INDUSTRIES AND
CALLINGS
Employees in drug warehouses and/or drug factories, engaged
in or in connection with the making, preparing, handling, putting up,
reception, sale or delivery of drugs, galenicals, pharmaceutical goods, and
medicinal or household chemicals, and all employees engaged in or in connection
with the making, preparing, handling, putting up, reception, sale or delivery
of cosmetics, perfumes, and toilet preparations and all employees other than
hospitals engaged in or in connection with the making, sale or delivery of
surgical, medical and/or hygienic dressings and in the preparing and putting up
of catgut and the making of catgut preparations within the State, excluding the
County of Yancowinna;
excepting -
Storepersons and packers;
Watchpersons, caretakers, cleaners, lift attendants and
porters;
Clerks;
Carters, grooms, stablepersons, yardpersons and drivers
of motor and other power-propelled vehicles;
Employees of the Sydney County Council and the Council
of the City of Newcastle;
Employees engaged in the manufacture of tartaric acid,
cream of tartar, or any by-product thereof;
Employees engaged in and about the grinding of drugs;
and excepting also employees within the jurisdiction
of the following Industrial Committees:
Pharmacists (State);
Retail Employees (State);
Textile Workers (State)
____________________
Printed by the authority of the Industrial Registrar.