SUPERVISORS, BREWERIES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to
section 19 of the Industrial Relations
Act 1996.
(No. IRC 4685
of 2001)
|
Before Mr Deputy President Sams
|
15 August 2001
|
REVEWED AWARD
ARRANGEMENT
PART A: Applying to Employees of Fosters Brewing Group
Limited Only.
|
1.
|
Definitions
|
|
2.
|
Hours
|
|
3.
|
Change of Shift Rosters
|
|
4.
|
Overtime
|
|
5.
|
Contract of Employment
|
|
6.
|
Salaries
|
|
7.
|
No Extra Claims
|
|
8.
|
Saturday, Sunday and Public Holiday Rates
|
|
9.
|
Telephone Rental
|
|
10.
|
Shift Allowance
|
PART B: Applying to Employees of Swan Brewing (trading as
Tooheys Ltd.) Only.
|
11.
|
Employees Bound
|
|
12.
|
Hours
|
PART C: Applying to all Supervisors in the Brewing Industry.
|
13.
|
Structural Efficiency
|
|
14.
|
Training
|
|
15.
|
Enterprise Arrangements
|
|
16.
|
Personal/Carers Leave
|
|
17.
|
Anti-Discrimination
|
|
18.
|
Savings
|
|
19.
|
Disputes Settling Procedure
|
|
20.
|
Redundancy
|
|
21.
|
Area, Incidence and Duration
|
PART A
1. DEFINITIONS
"Unqualified Supervisor" means a person who is not
a Graduate/Diplomate who has been appointed by the employer to carry out the
duties of a supervisor within the meaning of this award.
"Qualified Supervisor" means a person who has
completed the requirements for an award of a University or Institute of Technology
(three, four or five-year course) qualifying a person to meet the needs of his
employer, and who has been appointed by the employer to carry out the duties of
a supervisor within the meaning of this award.
"Senior Supervisor" means a person who has been
appointed as such by the employer to carry out the duties of a supervisor
within the meaning of this award.
2. HOURS
The ordinary hours of work of employees covered by this
award shall be 35 per week.
(i) Day Workers
Day workers shall work an average of 35 hours per week over
a nine-day fortnight.
(ii) Shift workers
shall mean and be deemed to be two or three sets of employees working 16 or 24
hours respectively by shifts of eight hours duration in sequence. The ordinary
working hours for shiftmen shall be an average of thirty-five per week and may
be worked on five days of eight hours per day on Monday to Friday inclusive;
provided that the employer and the Union agree, the ordinary working hours
shall not exceed an average of thirty-five per week, spread over a cycle of two
or five weeks as provided by the appropriate rosters prepared by the employer,
and to be worked in shifts of eight hours each. A roster when put into
operation shall not, except in the case of emergency, be altered without seven
(7) days notice of such alteration being given to the employees concerned.
Shiftmen may relieve one another before the end of a shift without any
liability on the part of an employer to pay overtime rates for time worked beyond
the eight hours per shift.
(iii) There shall
be a fixed time for starting and ceasing work for each employee which shall
not, except in the case of emergency, be altered by the employer without seven
(7) days notice. Emergency shall include circumstances, where any employee is
called on to perform duties necessary as a result of industrial disputation by
other employees not covered by this award.
3. CHANGE OF SHIFT
ROSTERS
Where a shift system has been established an employee’s
place in the roster shall not be altered without at least 48 hours notice;
provided that if circumstances required such an alteration, the employee may be
transferred from one roster to another, and be paid at double rates for the
first shift of the shifts that are to be worked in his/her new roster; and
provided further that double rates shall not be paid if such an alteration is
made by mutual consent to meet the convenience of the employees themselves.
4. OVERTIME
(i) (a) All time worked by day workers in excess
of, or outside of the ordinary hours prescribed by
clause 3,
Hours, of this award shall be paid at the rate of time and one-half for the first two hours, and
double time thereafter.
(b) All time
worked by shift workers in excess of the ordinary hours prescribed by clause 3,
Hours, of this award shall be paid at the rate of double time.
(ii) An employee
working overtime after his usual ceasing time shall be entitled to be absent
until he has had 10 consecutive hours off duty without deduction of pay for
ordinary time of duty occurring during his absence. If, on the subsequent
instruction of his employer, an employee resumes work without having had 10
consecutive hours off duty he will be paid at the rate of double time until he
is relieved of duty.
(iii) An employee
working overtime shall be allowed a meal break of twenty minutes without
deduction of pay after each four hours overtime worked if the employee
continues to work after each meal break. Unless the period of overtime is less
than one and one-half hours an employee, before starting overtime after working
ordinary hours, shall be allowed a meal break of twenty minutes.
(iv) An employee
required to work beyond one hour after usual finishing time of work shall be
paid a meal allowance of $5.20 and $5.20 after each subsequent four hours.
(v) Overtime to be
worked as an extension of ordinary hours of work or planned in advance to be
worked, must be authorised by the employee’s superior prior to it being worked.
5. CONTRACT OF
EMPLOYMENT
Either the employee or the employer may terminate the
contract of employment by giving the appropriate notice. Salary in lieu of
notice may be paid or forfeited as the case may be. The appropriate notice
shall be one month. Conditions of employment shall be no less than those of
employees supervised.
6. SALARIES
The rates of pay in this award include the adjustments
payable under the State Wage Case 2000. These adjustments may be offset
against:
(a) any
equivalent overaward payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
|
Unqualified Supervisor -
|
Minimum rate
|
|
|
Per annum
|
|
|
$
|
|
1st year of appointment
|
28,875
|
|
2nd year of appointment
|
29,697
|
|
3rd year of appointment
|
30,902
|
|
4th year of appointment
|
32,258
|
|
5th year of appointment
|
33,764
|
|
6th year of appointment
|
35,272
|
|
7th year of appointment
|
36,931
|
|
8th year of appointment
|
38,436
|
|
Thereafter
|
39,959
|
|
Qualified Supervisor -
|
|
|
1st year of appointment
|
31,670
|
|
2nd year of appointment
|
33,914
|
|
3rd year of appointment
|
36,177
|
|
4th year of appointment
|
37,681
|
|
5th year of appointment
|
39,959
|
|
Thereafter
|
42,212
|
|
Senior Supervisor
|
43,719
|
7. NO EXTRA CLAIMS
It is a term of this award (arising from the decision of the
Industrial Commission of New South Wales in Court Session in the State Wage Case
- March 1987 (Matters Nos. 209, 210 and 211 of 1987)) that the union or unions
which are parties to this award undertake that for the period of the package
they will not pursue any extra claims, award or over-award, except where
consistent with the State Wage Case Principles.
8. SATURDAY, SUNDAY
AND PUBLIC HOLIDAY RATES
(i) All work
done on a Saturday or Sunday shall be paid for at the rate of double time.
(ii) All work
done on a public holiday shall be paid for at the rate of double time and one-half.
9. TELEPHONE RENTAL
The employer shall pay the telephone rental for employees
whose contract of employment envisages communications outside of ordinary
working hours.
10. SHIFT ALLOWANCE
(i) An amount of
$ 9.38 per shift shall be paid to daywork employees who are required to stand
in on shift during emergencies.
(ii) Employees
employed as shiftworkers other than as described in subclause (i) of this
clause shall be paid the same shift allowance as employees supervised.
PART B
11. EMPLOYEES
BOUND
The following classifications employed by Tooheys Ltd, are
covered by Part B of this award.
Filtration Supervisor.
Services Engineer.
Bulk Packaging Supervisor.
Bulk Packaging Engineer.
Assistant Brewer, Licensed Products.
Brewing Supervisor.
12. HOURS
The ordinary hours of work for employees covered by Part B
of this award shall be 38 per week.
13. STRUCTURAL
EFFICIENCY
(i) The parties
to this award are committed to co-operating positively to increase the
efficiency, productivity and international competitiveness of the brewing
industry and to enhance the career opportunities and job security of employees
in the industry. Accordingly, employees within each classification will perform
a wider range of duties including work which is incidental or peripheral to
their main tasks or functions.
(iii) At each plant
or enterprise, an employer and the employees and their relevant union shall
establish a consultative mechanism and procedure appropriate to the size,
structure and needs of that plant or enterprise. Measures raised by the
employer, employees or union or unions for consideration consistent with the
objectives of subclause (i) herein shall be processed through that consultative
mechanism and procedures.
(iii) Any dispute
arising in relation to the implementation of structural efficiency items shall
be subject to clause 22, Disputes Procedures. Any matter left unresolved out of
Structural Efficiency Negotiations may be referred to the Industrial Commission
of New South Wales for determination.
14. TRAINING
(i) Parties to
this award recognise that in order to increase the efficiency, productivity and
international competitiveness of industry, a greater commitment to training and
skill development is required. Accordingly, the parties commit themselves to:
(a) Developing a
more highly skilled and flexible workforce.
(b) Providing
employees with career opportunities through appropriate training to acquire
additional skills.
(c) Removing
barriers to the utilisation of skills acquired.
(ii) Following
proper consultation in accordance with subclause (ii) of clause 13, Structural
Efficiency, or through the establishment of a training committee, an employer
shall develop a training program consistent with:
(a) The current
and future skills needs of the enterprise.
(b) The size,
structure and nature of the operations of the enterprise.
(c) The need to
develop vocational skills relevant to the enterprise and the brewing industry through
courses conducted on the job and also by accredited educational institutions
and providers.
(iii) Where it is
agreed a training committee be established, that training committee should be
constituted by equal numbers of employer and employee representatives and have
a charter which providers.
(a) Formulation of
a training program and the availability of training courses and career
opportunities to employees.
(b) Dissemination
of information on the training program and availability of training courses and
career opportunities to the employees.
(c) The
recommending or otherwise of individual employees for training and
reclassification.
(d) Monitoring and
advising management and employees on the ongoing effectiveness of the training.
(iv) (a) Where
as a result of consultation in accordance with clause 13, Structural Efficiency
or through a training committee and with the employee concerned, it is agreed
that additional training in accordance with the program developed pursuant to
subclause ( ii ) herein should be undertaken by that employee, that training
may be undertaken either on or off the job.
Provided that if the training is undertaken during ordinary working
hours, the employee concerned shall not suffer any loss of pay. The employer
shall not unreasonably withhold such paid training leave.
(b) Any costs
associated with standard fees for prescribed courses and prescribed text books
incurred in connection with the undertaking of training shall be reimbursed by
the employer upon the production of evidence of such expenditure, provided that
reimbursement shall also be on an annual basis subject to the presentation of
reports of satisfactory progress.
15. ENTERPRISE
ARRANGEMENTS
(a) As part of the
Structural Efficiency exercise and as an ongoing process, improvements in
productivity and efficiency discussions may take place at an enterprise to
provide for:
* more
flexible working arrangements
* improvements
in the quality of working life
* enhancement
of skills
* training
and job satisfaction
* positive
assistance in the restructuring process
* encouragement
of consultation mechanisms across the workplace
* consideration
of a single bargaining unit
Union delegates at the place of
work may be involved in such discussions.
(b) The terms of any
proposed genuine arrangement reached between an employer and employee(s) in any
enterprise shall, after due processing, substitute for the provisions of this
award to the extent that they are contrary provided that:
(i) A majority of
employees affected genuinely agree.
(ii) Such
arrangement is consistent with current State Wage Case principles.
(c) (i) Before any arrangement required
variation to the award is signed and processed
in accordance
with subclause ( d ), details of such arrangements
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. A union or an 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.
(ii) When
an objection is raised, the parties are to confer in an effort to resolve the
issue.
(d) Such
enterprise arrangements shall be processed as follows:
(i) All employees
will be provided with the current prescriptions (e.g. award, industrial
agreement or enterprise arrangement) that apply at the place of work.
(ii) (a) Where
an arrangement is agreed between the employer and the employees or their
authorised representatives at an enterprise, such arrangement shall be
committed to writing.
The authorised representative of employees at an
enterprise may include a delegate, organiser or official of the relevant union
if requested to be involved by the majority of employees at the establishment.
(b) Where the
arrangement is agreed between the employer and an absolute majority of
permanent employees under this award at an enterprise, such arrangement shall
be committed to writing.
(iii) The arrangement
shall be signed by the employer, or the employer’s duly authorised
representative, and the employees, or their authorised representative with whom
agreement was reached.
(iv) Where an
arrangement is objected to in accordance with subclause (c) (i) and the
objection is not resolved, an employer may make application to the Industrial
Commission to vary the award to give effect to the arrangement.
(v) The union and
/ or employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(vi) If no party
objects to the arrangement, then a consent application shall be made to the
Industrial Commission to have the arrangement approved and the award varied in
the manner specified in paragraph (vii).
Such applications are to be processed in accordance
with the appropriate State Wage Case principles.
(vii) Where an
arrangement is approved by the Industrial Commission and the arrangement is
contrary to any provision of the award, then the name of the enterprise to
which the arrangement applies, the date of operation of the arrangement, the
award provisions from which the said enterprise is exempt and the alternative
provisions which are to apply in lieu of such award provision ( or reference to
such alternative provisions ), shall be set out in a schedule to the award.
(vii) No existing
employee shall suffer a reduction in entitlement to earnings, award or
overaward, for working ordinary hours of work as the result of award changes
made as part of the implementation of the arrangement.
16. STATE 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 employees care
and support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement, provided for in clause 9, 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 the other
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 subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has 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
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify 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
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 period or part thereof, in any calendar year at the time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere in 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 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 the time
accrued at overtime rates shall be made at the expiry of the 12 months 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 at 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
amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn on at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or 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.
(7) Bereavement
Leave
(a) An employee
other than a casual employee shall be entitled to up to two days bereavement leave
without deduction of pay on each occasion of the death of a person prescribed
in (c) 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 not be available to the employee in respect to the death of a
person prescribed for the purposes of Personal/Carers Leave in subclause (1)
(c) (ii) of this clause, provided that for the purpose of bereavement leave,
the employee need not have been responsible for the care of the person
concerned.
(d) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave, under subclauses
1,2,3,4,5 and 6 of this clause. In determining such a request the employer will
give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
17. ANTI-DISCRIMINATION
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3 (f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take reasonable steps
to ensure that the operation of the provisions of this award are not directly
or indirectly discriminatory in their effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the award, which, by its terms or operation, has a direct or
indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977.
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers and employees
may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects...any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
18. SAVINGS
Nothing in this award shall be read or construed so as to
reduce any conditions of the existing contract of employment.
19. DISPUTES SETTLING
PROCEDURE
Any grievance involving a foreman or supervisor covered by
this award shall be dealt with by progression through the established
management structure of each company.
20. REDUNDANCY
(1) Application
(i) This clause
shall apply in respect of full-time and part-time employees employed in the
classifications specified in this award.
(ii) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to termination of employment of an employee.
(iii) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for specified tasks or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(2) Introduction
of Change-
(i) Employers
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.
(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
restructuring of jobs.
Provided that where paragraph (i) of subclause (1)
makes provision for the alteration of any of the matters referred to herein an
alteration shall be deemed not to have significant effect.
(ii) Employer’s
Duty to Discuss Change
(a) The employer
shall discuss with the employees affected and the union, inter alia, the
introduction of the changes referred to in subclause (2) above, the effects the
changes are likely to have on employees and measures to avert or mitigate the
adverse effects of the changes, including the nature of the changes proposed,
the expected effects of the changes on the employees and any other matters
likely to affect the 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
(i) Discussions
Before Terminations
(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 pursuant to subparagraph (a) of
paragraph (i) of subclause (2), and that decision may lead to the termination
of employment, the employer shall hold discussions with the employees directly
affected and with the union.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subparagraph (a) of this
paragraph 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 discussions the employer shall, as soon as practicable, provide
to the employees concerned and the union, all relevant information about the
proposed terminations, including the reasons for the proposed terminations, the
number and categories of employees likely to be affected, and the number of
employees normally employed and the period over which the terminations are
likely to be carried out. Provided that any employer shall not be required to
disclose confidential information the disclosure of which would adversely
affect the employer.
(4) Termination
of Employment
(i) Notice for
Changes in Production, Program, Organisation and Structure
This subclause sets out the notice provisions to be applied
to termination by the employer for reasons arising from "production",
"program", "organisation" or "structure" in
accordance with subparagraph (a) of paragraph (i) of subclause (2) of this
clause.
(a) In order to terminate
the employment of an employee, the employer, shall give 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
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 paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subparagraph (a) of paragraph (i) of
subclause (2) of this clause:
(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 termination given by the employer an employee shall be allowed up to
one day’s time off without loss of during each week of notice, to a maximum of
five weeks, for the purpose of seeking other employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for the
purpose of seeking other employment the employee shall, at the request of the
employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
Leaving During the Notice Period - If the employment of an is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the employer until the expiry of such notice. Provided that in
such circumstances the employee shall not be entitled to payment in lieu of
notice.
(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 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) Department of
Social Security Employment Separation Certificate- The employer shall, upon
receipt of a request from an employee Whose employment has been terminated,
provide to the employee an "Employment Separation Certificate" in the
form required by the Department of Social Security.
(viii) Transfer to
Lower-paid Duties- Where an employee is transferred to lower-paid duties for
the reasons set out in paragraph (i) of subclause (2), 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), 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 or 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) "Weeks
pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include, in addition to the ordinary rate of pay,
over-award payments, shift penalties and allowances paid in accordance with
this award.
(ii) Incapacity to
Pay- Subject to application by the employer and further order of the Industrial
Relations Commission of New South Wales, an employer may pay a lesser amount of
severance pay than that contained in paragraph (i) of the subclause.
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Commission thinks relevant, and the probable effect paying the amount of
severance pay in the said paragraph (i) will have on the employer.
(iii) Alternative
Employment- Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount of severance pay than that
contained in paragraph (i) above if the employer obtains acceptable alternative
employment for an employee.
21. AREA, INCIDENCE
AND DURATION
(a) This award is
made following a review under section 19 of the Industrial Relations Act 1996 replaces the Supervisors, Breweries
(State) Award published 15 April 1987 (245 IG 93) and all variations thereof.
(b) The award
published on 15 April 1987 took effect from the first full pay period
commencing on or after 29 April 1986.
(c) The changes
made to the award pursuant to the Award Review pursuant to section 19 (6) of
the Industrial Relations Act 1996 and
Principle 26 of the Principles of Review of Award made by the Industrial
Relations Commission of New South Wales on 18 December 1998 (308 IG 307) take
effect on and from 15 August 2001.
(d) This award
remains in force until varied or rescinded for the period for which it was made
already having expired.
P. J. SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.