WAREHOUSE EMPLOYEES DRUG (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1791 of 2004)
Before The Honourable Mr
Deputy President Harrison
|
6 September 2004
|
REVIEWED AWARD
1. Delete clause
24, State Personal/Carer's Leave Case - August 1996, and clause 33, Proportion
of Improvers, of the Arrangement of the award published 25 May 2001 (324 I.G. 1181)
and insert in lieu thereof the following:
24. Personal/Carer's
Leave
33. Proportion
of Juniors
2. Delete
paragraph (iv) of subclause (b) of clause 4, Contract of Employment, and insert
in lieu thereof the following:
(iv) If a dispute
arises under this subclause, the union(s) shall be notified, where appropriate,
and the provisions of clause 41, Grievance and Dispute Resolution Procedures,
invoked.
3. Delete
paragraph (iv) of subclause (a) of clause 7, Part-time and Casual Employees,
and insert in lieu thereof the following:
(iv) All other
provisions of this award with respect to annual leave, sick leave and holidays,
shall apply to part-time employees.
4. Delete
paragraph (ii) of subclause (a) of clause 8, Redundancy, and insert in lieu
thereof the following:
(ii) This clause
shall only apply in respect of employers who employ more than 15 employees
immediately prior to the termination of employment of employees;
5. Delete subparagraph
(2) of paragraph (i) of subclause (b) of the said clause 8 and insert in lieu
thereof the following:
(2) 'Significant
effects' include termination of employment, major changes in the composition,
operation or size of the employers workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that, where this clause makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
6. Delete
paragraph (vi) of subclause (d) of the said clause 8 and insert in lieu thereof
the following:
(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.
7. Delete
paragraph (vii) of the said subclause (d) and insert in lieu thereof the
following:
(vii) Centrelink
Separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink.
8. Delete
paragraph (i) of subclause (e) of clause 9, Shift Work, and insert in lieu
thereof the following:
(i) Employees
engaged on morning or afternoon shifts shall be paid the amount in Item 1 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to
their appropriate rate of pay.
9. Delete
subclause (d) of clause 14, Overtime, and insert in lieu thereof the following:
(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 his or her home.
10. Delete clause
18, Enterprise Arrangements, and insert in lieu thereof the following:
18. Enterprise
Arrangements
(a) See the
Enterprise Arrangements Principle of the Wage Fixing Principles.
(b) The operative
date for an enterprise arrangement shall be no earlier than the date of
approval by the Industrial Relations Commission of New South Wales, except that
the Industrial Relations Commission of New South Wales 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.
(c) Where parties
to an enterprise arrangement include employees covered by a federal award, an
agreement covering those employees may be submitted to the Australian
Industrial Relations Commission for approval.
11. Delete
subclauses (a) and (b) of clause 20, Holidays, and insert in lieu thereof the
following:
(a) The days
observed as New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac
Day, Queen's Birthday, Labour Day, and all days proclaimed as public holidays
for the State shall be holidays, provided that any day proclaimed as a holiday
for the State for a special purpose but observed throughout the State on
different days shall also be a holiday.
Employees within a radius of 32.18 kilometres of the Newcastle Post
Office shall be allowed off at 12 noon on the day on which the official opening
of the Newcastle Show takes place.
(b) In addition to
the holiday 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 7.5.1(b),
Public Holidays, of the Metal, Engineering and Associated Industries Award 1998
- Part I, as an additional holiday in New South Wales; provided 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 his or her employees another day may
be substituted for the additional holiday prescribed by this subclause in such
employer's undertaking.
12. Delete the
Note to subclause (b) of clause 22, Annual Holidays Loading, and insert in lieu
thereof the following:
(NOTE: The obligation to pay in advance does not apply
where an employee takes an annual holiday wholly or partly in advance - see
subclause (f) of this clause).
13. Renumber
subclause (j) of the said clause 22 to read as subclause (i).
14. Delete the
title of clause 24, State Personal/Carer's Leave Case - August 1996, and insert
in lieu thereof the following:
24. Personal/Carer's
Leave
15. Delete
paragraph (i) of subclause (a) of the said clause 24 and insert in lieu thereof
the following:
(i) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (2) of paragraph (iii), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for at clause 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.
16. Delete subclause
(iii) of clause 25, Bereavement Leave, and insert in lieu thereof the
following:
(iii) Bereavement leave shall be available to
the employee in respect to the death of a person prescribed for the purposes of
personal/carer's leave as set out in subparagraph (2) of paragraph (iii) of
subclause (a) of clause 24, Personal/Carer's Leave, provided that, for the
purpose of bereavement leave, the employee need not have been responsible for
the care of the person concerned.
17. Delete
subclause (v) of the said clause 25 and insert in lieu thereof the following:
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(b), (c), (d), (e) and (f) of the said clause 24. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
18. Delete the
title of clause 33, Proportion of Improvers, and insert in lieu thereof the
following:
33. Proportion of
Juniors
19. Delete clause
36, Accommodation, and insert in lieu thereof the following:
36. Accommodation
NOTE: As to welfare
facilities for employees, see Occupational Health and Safety Regulation 2001,
and regulations thereunder.
20. Delete clause
37, First-aid Chest, and insert in lieu thereof the following:
37. First-Aid Chest
NOTE: As to first-aid
chest, see Occupational Health and Safety Regulation 2001, and regulations
thereunder.
21. Delete
subclause (j) of clause 39, Superannuation, and insert in lieu thereof the
following:
(j) Employee
Contributions - Employees employed in the industry who may wish to make
contributions to the fund additional to those being paid pursuant to subclause
(c), Employer Contributions, of this clause shall be entitled to authorise his
or 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.
22. Insert after
clause 44, Area, Incidence and Duration, the following new paragraphs:
The changes made to this award pursuant to the Award
Review under section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 6 September 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
R. W. HARRISON D.P.
____________________
Printed by the
authority of the Industrial Registrar.