Transport
Industry - Petroleum, &c., Distribution (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1668 of 2007)
Before Commissioner
Murphy
|
9 April 2008
|
REVIEWED
AWARD
1. Award Title
This award may be referred to as the Transport Industry -
Petroleum &c., Distribution (State) Award
2. Arrangement
SECTION I APPLICATION
AND OPERATION OF AWARD
1. Award
Title
2. Arrangement
3. Definitions
4. Anti-Discrimination
5. Area
Incidence And Duration
5A. Wage
Adjustments
6. Counterpart
Status of Award
7. Existing
Customs
SECTION II WAGES,
ALLOWANCES AND HOURS OF EMPLOYMENT
8. Wage
Rates, Allowances and Additional Information
9. Starting
and Finishing Times
10. Hours of
Work - Day Workers
11. Alteration
of Starting Time - Day Workers
12. Meal Break
- Day Workers
13. Overtime -
Day Workers
14. Saturday
Work - Day Workers
15. Sunday Work
- Day Workers
16. Shift Work
17. Meal Money
18. Travelling
Allowance
19. Transport
of Employees
20. Telephoning
21. Standing By
22. Accident
Pay-Make Up Of Pay
23. Uniforms
24. Licences
25. No
Reduction in Wages
26. Mixed
Functions
27. Employee
Doing Work of a Lower Grade
28. Casual
Employees and Part-Time Employees
SECTION III EMPLOYER
AND EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP
29. Contract of
Employment
30. Gear and
Equipment to be Provided
31. Unauthorised
Persons on Vehicles
SECTION IV LEAVE
ENTITLEMENTS AND PUBLIC HOLIDAYS
32. Sick Leave
33. State
Personal/Carer’s Leave
34. Bereavement
Leave
34A. Parental
Leave
35. Annual
Leave
36. Holidays
37. Jury
Service
SECTION V TRAINING
AND OCCUPATIONAL HEALTH AND SAFETY
38. Training
39. First Aid
40. Rest Break
41. Amenities
42. Heavy
Articles
42A. Occupational
Health and Safety
SECTION VI INDUSTRIAL
RELATIONS AND THE UNION AND OTHER PROVISIONS
43. Union
Delegate
44. Notice
Boards
45. Award to be
Exhibited
46. Dispute and
Grievances Procedure
47. Enterprise
Flexibility Discussions
48. Time and
Wages Record
49. Right of
Entry
50. Commitment
51. Award
Modernisation
PART B
MONETARY RATES
Wages, Allowances and Additional Payments
3. Definitions
Unless a contrary intention appears, expressions used in
this award shall have the meanings as follows:
3.1 "Aerodrome
attendant" means an employee employed principally in driving and/or
operating any aviation refuelling or servicing unit or equipment or hydrant
dispensing system at an aerodrome to deliver aviation fuels, lubricants and/or
other aviation products to aircraft and in receiving, storing and distributing
such fuels, lubricants and other products at an aerodrome depot, including the
performance as required of all tasks ancillary to such receipt, storage,
distribution and deliver. Provided that
this definition shall not be construed to exclude allotment by the employer of
other duties connected with the safe and efficient operation of vehicles,
units, plant and equipment, and the general tidiness of facilities at an airport
depot, and the safety of personnel, or the bridging of stocks from terminals or
depots to airports by an aerodrome attendant.
This definition does not include coxswains or motorboat
drivers operating refuelling units at a flying-boat base.
3.2 "Senior aerodrome
attendant" is one appointed as such by an employer, but not less than one
per shift.
3.3 "Articulated"
means a vehicle with three or more axles comprising a power unit (called
tractor-truck or prime mover) and semi-trailer which is superimposed on the
power unit revolving on a turntable and is an articulated vehicle whether
automatically detachable or permanently coupled.
3.4 "Bituminous-products-
spray person" shall mean an employee working under the direction of the
driver of a bitumen spraying vehicle; and, without limiting the scope of the
duties of the employee, the said duties shall include operations of the
spraying equipment at the rear end of the vehicle, operation of the lance-type
hand-spray, moving the vehicle during hand-spraying operations, and assisting
the driver in the driving of the vehicle.
3.5 "Dual steer
vehicle" means either a rigid vehicle, which has more than one steering
axle, or an articulated vehicle with more than one steering axle on the prime
mover.
3.6 "Lazy
axle" rigid delivery vehicle means a vehicle of similar construction to a
"tandem-drive" rigid delivery vehicle with the difference that only
one of the rear axles has a differential through which the driving power is
transmitted and excludes an articulated vehicle.
3.7 "Motor
wagon driver" means any employee engaged to drive or control any type of
delivery vehicle specified in this award irrespective of any other duties
performed by an employee. This
definition shall not exclude other duties ordinarily performed by a driver
including the loading and unloading of bulk vehicles.
3.8 "Tandem-drive"
rigid delivery vehicle means a long-wheel-base single-unit vehicle (in which
the engine, driving compartment and load-carrying compartment, tank or tray are
all mounted on the one chassis) having two rear axles each with its own
differential through which the driving power is transmitted to the rear wheels
and excludes an articulated vehicle.
3.9 "Union"
means the Transport Workers’ Union of Australia, New South Wales Branch.
3.10 "Ordinary-time
rate" shall mean for an employee (other than a casual employee) 1/35th of
the wage rate prescribed in clause 8 of this award for the classification in
which the employee is employed.
3.11 "Time and a
half" shall mean one and a halftime the ordinary-time rate.
3.12 "Double-time"
shall mean twice the ordinary-time rate.
3.13 "Double time
and a half" shall mean two and a half time the ordinary time rate.
3.14 "Triple
time" shall mean three times the ordinary-time rate.
3.15 APADA - shall
mean "Australian Petroleum Agents and Distributors Association".
3.16 The phrase
"rate per week for adult service with the same employer in the same
classification" appearing in Part B of this Award shall mean and include
service with an employer which, for the purposes of this Award, shall include
service with any successor to, or any assignee of that Employer’s business.
3.17 Rural
Distribution Operations
A Rural Distribution Operation is:
3.17.1 an establishment
located further than a radius of 75 kilometres from a capital city and/or oil
company terminal/refinery;
3.17.2 an establishment
located within a radius of 75 kilometres from a capital city and/or oil company
terminal refinery, and in respect of which application that the establishment
be deemed to be a Rural Distribution Operation has been made to the
Secretary-Treasurer of the Transport Workers’ Union of Australia, New South
Wales Branch, and in respect of which the Union has so agreed. (The Union shall not reasonably withhold its
consent and any dispute shall be dealt with in accordance with the dispute
settling procedure provided by this award).
3.18 Workers
Compensation Legislation means the Workers Compensation Act 1987 and the
Workplace Injury Management Act 1998 and related Acts and instruments.
4.
Anti-Discrimination
4.1 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.
4.2 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.
4.3 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.
4.4 Nothing in this
clause is to be taken to affect:
4.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
4.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
4.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977; or
4.4.4 a party to this
award from pursing matters of unlawful discrimination in any State or federal
jurisdiction.
4.5 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.
5. Area, Incidence
and Duration
5.1 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Transport Industry - Petroleum, &c.,
Distribution (State) Award published 24 August 2001 (327 I.G. 62), as varied.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 9 April 2008.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
5.2 This award shall
apply to the following employees covered by the classifications specified
herein within the jurisdiction of the Transport Industry (State) Conciliation
Committee:
5.2.1 Employees engaged
solely or predominantly in the cartage and/or distribution, in tankers, of
petrol or bulk petroleum products from refineries, terminals or depots of oil companies,
which are respondents to the Federal Transport Workers’ (Oil Companies) Award
1992, as varied, from time to time.
5.2.2 Employees engaged
solely or predominantly in the cartage and/or road vehicles or packaged
petroleum products from refineries, terminals or depots of the aforementioned
oil companies.
5.2.3 Employees
(including aerodrome attendants) who are engaged in or in connection with the
transport and/or distribution or petrol and petroleum products for agents of
the aforementioned oil companies or for contractors or sub-contractors to such
agents.
5a. Wage Adjustments
(i) The rates of
pay in this award include the adjustments payable under the 2002 (8 August
2002) , 2003 (15 August 2003), 2004 (15 August 2004) and 2005 (5 August 2005) National
Wage Case Decisions of the Australian Industrial Relations Commission and the
2006 State Wage Case Decision (26 June 2006) of the Industrial Relations
Commission of NSW. These adjustments
may be offset against:
(a) any equivalent
over award payments, and/or
(b) award wage
increases since 5 July 2001 other than safety net, State Wage Case, and minimum
rates adjustments.
6. Counterpart Status
of Award
This award is recognised as a counterpart award to the
Transport Workers (Oil Distribution) Award 2001, an award of the Australian
Industrial Relations Commission.
7. Existing Customs
Existing customs and conditions not inconsistent with this
award shall continue.
Section II Wages, Allowances and Hours of Employment
8. Wage Rates,
Allowances and Additional Information
Wage rates, allowances and additional payments shall be paid
to employees employed in the various classifications as set out in Part B
unless otherwise specified elsewhere in this Award.
9. Starting and
Finishing Times
9.1 Where proper
facilities are provided for an employee to sign on when beginning work and to
sign off when leaving work, the work of such employee shall be deemed to
commence when the employee signs on at the yard or depot and to finish when the
employee signs off, unless some other mutually satisfactory arrangement is made
between the employer and the on site delegate.
9.2 Where proper
facilities for signing on and off are not provided, work shall be deemed to
commence when the employee enters the yard or depot and to finish when the
employee leaves the yard or depot.
9.3 Each employer
shall fix starting and finishing times for its employees.
10. Hours of Work-Day
Workers
10.1 The spread of
ordinary hours of day workers shall be 70 per two week period to be worked
between 6.30 a.m. and 5.30 p.m. Monday to Friday (with a lunch break of not
less than 30 minutes and not more than 1 hour). By mutual agreement between the employer and the employees
concerned, the spread of hours may be altered for all, or a section of,
employees. Time worked within the
mutually agreed spread of hours will not attract penalty payments. Provided, however, such agreement does not
erode award conditions, is entered into without duress, is signed by both
parties and is attached to the relevant employees’ time and wages record.
10.1.1 By agreement
between an employer and the Union the ordinary working hours for employees
engaged in Rural Distribution Operations may be rostered over any three
consecutive days, Monday to Saturday inclusive, provided that there shall be no
requirement to exceed the maximum allowable driving hours. All work performed in excess of 35 hours in
any such three consecutive days shall be paid at time and a half for the first
two hours and double time thereafter.
10.1.2 These flexible
arrangements are designed to enable optimum use of vehicles and the provisions
of efficient customer service. The
Union shall not unreasonably withhold its consent and such agreements shall be
processed in accordance with clause 47, Enterprise Flexibility Discussions.
10.2 The hours of
starting and finishing work shall be fixed by the employer, but having been
fixed shall not be altered without the provision of 24 hours’ notice.
Rostered Days Off
Rostered days off may be accumulated to a maximum of 10
days over a 26-week period. Rosters
shall be fixed in advance by mutual agreement and shall not be varied unless
special circumstances arise.
All such accumulated days off shall be given and taken
during or at the expiration of the 26-week period.
Detailed records of accumulated days must be kept by
the employer and such details made available to the employee or branch
secretary or nominee of the branch secretary on demand.
In fixing such rosters, rostered days off may be taken in
advance before the employee has accrued the additional time to cover days off.
Provided that in the event that the employee ceases
employment with the employer before accruing credits to cover the time taken in
advance any time outstanding shall be deducted from moneys owed to the employee
on termination of employment.
10.3 All work
performed outside of the spread of hours contained in 10.1 shall be paid at
overtime rates but shall otherwise be deemed for the purpose of this clause to
be part of the ordinary hours of work where the ordinary hours worked within
the prescribed spread of hours in any week are less than 35.
11. Alteration of
Starting Times-Day Workers
11.1 Where an employer
desires to vary or change the starting time for day work of an employee or
employees, the employer shall give one week’s notice of such variation or
change to the employee or employees concerned or in the case of a group of
employees post a notice of the intended change at the yard or depot.
11.2 Provided an
employee is given at least 10 hours off duty immediately before commencing or
after ceasing shift work, a day worker may be transferred to or from shift work
on 48 hours notice. In default of such
notice the employee shall be paid overtime rates for all work done outside of
the previous ordinary working hours within 48 hours of the time the employee is
notified of the change.
11.3 Where it is
necessary to transfer a day worker to replace a shift worker who fails to
report for duty or who for any reason is unable to continue duties, this clause
shall not apply, but the position shall be deemed to be covered by subclause
16.11 of this award.
12. Meal Break-Day
Workers
12.1 One hour Monday
to Friday inclusive shall be allowed for a meal break between the fourth and
sixth hour from the commencement of work provided that by agreement in writing
between an employer and the appropriate branch secretary of the union the meal
break may be shortened. Provided
further that by agreement between an employer and the Secretary-Treasurer of
the union, the meal break may be taken earlier where circumstances of the job
so require. An employee shall not be
required to work for more than five hours without a break for a meal.
12.2 If on
instructions from the employer an employee is unable to have a full meal break
between the fourth and sixth hour or the agreed time, the employee shall be
paid double time until the full meal break is allowed.
12.3 A delivery driver
who, in any one day is required to travel, and return from, a destination
located in excess of 160 kilometres from the driver’s place of employment shall
be allowed a paid meal break of 30 minutes.
13. Overtime-Day
Workers
13.1 All time of duty
in excess of and/or outside of the hours prescribed in clause 10 of this award
shall be paid at the rate of time and a half for the first two hours on any one
day and double time thereafter, such double time to continue until the
completion of the overtime work.
13.2 All overtime
shall be based on the ordinary time rate of pay, as defined in Clause 3.10.
13.3 Each day’s
overtime shall stand-alone and be paid for in addition to the ordinary weekly
or casual wage, as the case may be.
13.4 As far as
practicable, overtime shall be eliminated, but where necessary an employer may
require an employee to work reasonable overtime at overtime rates and such
employee shall work overtime in accordance with these requirements.
Provided that such overtime is worked within the
limitations of health and safety legislation pertaining to driving times.
13.5
13.5.1 Subject to 13.5.2
and 13.5.3, when overtime is worked it shall be so arranged that employees have
at least ten consecutive hours off duty between the work of successive days.
13.5.2 An employee, other
than a casual employee, who works so much overtime between the termination of
the employee’s ordinary work on one day and the commencement of the employee’s
ordinary work on the next day that the employee has not had the rest period
prescribed in 13.5.1 shall, subject to this subclause, be released after
completion of such overtime until such rest period has been taken, without loss
of pay for ordinary working time occurring during such absence. Provided that should an employee’s rest
period as aforesaid end within two hours of the employee’s normal ceasing time
the employee shall not be required to report for work on that day. If, on the instructions of the employer,
such an employee resumes or continues to work without having had such rest period
the employee shall be paid at double time until released from duty for such
rest period and shall then be entitled to be absent until the rest period has
been taken, without loss of pay for ordinary working time occurring during such
absence.
13.5.3 Overtime worked in
the circumstances specified in 13.6 shall not be regarded as overtime for the
purposes of this clause where the actual time worked is less than 3 hours on
such recall or on each of such recalls.
Provided that, time worked on a recall or recalls in the circumstances
specified in 13.6 of less than 3 hours duration shall be regarded as overtime
for the purposes of this subclause only if the employee had responded to a
recall after being contacted at home, response had involved the employee in an
additional journey to and from the workplace and in the case of exceptional
circumstances arising during the call-back period the employee, if required,
had worked further even though the employee had performed the job for which the
employee was recalled.
13.6 Call back -
Monday to Friday inclusive
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 4 hours’ work at the appropriate
overtime rate for each time the employee is so recalled; provided that except
in the case of unforeseen circumstances arising, the employee shall not be
required to work the full 4 hours if the job the employee was recalled to
perform is completed within a shorter period.
This subclause shall not apply in cases where it is customary for an
employee to return to the employer’s premises to perform a specified job
outside the employee’s ordinary working hours where the overtime is continuous
(subject to a reasonable meal break) with the completion or commencement of
ordinary working time.
13.7 Travelling time -
Call ins
An employee who is contacted on any day of the week at
home and responds to a call in to work involving the employee in an additional
trip to and from the work place shall be paid one hour at his or her
ordinary-time rate of pay for travelling time irrespective of the distance
travelled.
This clause shall not apply in cases where it is
customary for an employee to return to the employer’s premises to perform a
specific job outside the employee’s ordinary working hours, or where the
overtime is continuous (subject to a reasonable meal break) with the completion
or commencement of ordinary working time, or in the case of planned overtime
(on weekends, public holidays, etc.) where notice of such overtime is given
before the employee leaves the work place.
13.8 Cancellation of
overtime
13.8.1 If notice
cancelling a previous instruction to work overtime is given to an employee
before the employee leaves the workplace, a penalty payment shall not be
payable.
13.8.2 If notice
cancelling the instruction is sent or telephoned to the employee’s registered
address before the employee would normally have left to commence work, the
employee shall be paid a minimum of:
13.8.2.1 two
hours at the employee’s ordinary-time rate in the case of a week-day overtime
cancellation, and
13.8.2.2 four
hours at the employee’s ordinary-time rate in the case of a weekend work or
holiday work cancellation.
Provided that an additional penalty shall not be payable
if the employee is not at the employee’s registered address when notice of
cancellation is delivered or telephoned and the employee subsequently reports
for work.
13.8.3 If notice of
cancellation provided in 13.8.2 is not delivered or telephoned to the employee’s
registered address at least one hour before the employee would normally leave
to commence work and the employee would normally be expected to partake of a
meal at the work place during the period of overtime now cancelled, the
employee shall be entitled to a meal allowance of $5.90.
13.8.4 For the purpose
of this clause "registered address" shall mean the address recorded
by the employer.
13.9 Time Off in Lieu
of Overtime
13.9.1 Time off in lieu
of payment for overtime may occur with the written agreement of the employer
and employee concerned. Such time-off
may accumulate to a maximum of 70 hours within a twelve-month period. The time off in lieu shall be taken at a
mutually convenient time having regard to the operational needs of the workplace.
13.9.2 All accumulated
hours shall be given and taken within, or at the expiration of the twelve
months in which they accrued, provided that any time which may not have been
taken upon termination of employment shall be paid to the employee at that time.
13.9.3 Detailed records
of accumulated hours shall be kept by the employer and provided to the employee
or his or her representative upon request.
13.9.4 Time off in lieu
of overtime shall equate to the overtime payment the employee would have received. That is to say, 1.5 hours time off shall
accumulate for each hour of overtime worked when the overtime rate is time and
one half, and 2 hours time off shall accumulate when the overtime rate is
double time.
14. Saturday Work-Day
Workers
For all work done on a Saturday the rates of pay shall be
time and a half for the first two hours and double time thereafter.
An employee required to report for work on Saturday shall be
paid for at least 4 hours at the appropriate rate for each attendance.
15. Sunday Work-Day
Workers
For all work done on a Sunday the rates of pay shall be
double time, such double time to continue until the employee is relieved from
duty. An employee required to report
for work on a Sunday shall be paid for at least 4 hours at double time for each
attendance.
An employee, other than a casual employee, who works on a
Sunday and (except for meal breaks) immediately thereafter continues such work
shall on being relieved from duty be entitled to be absent until the employee
has had the period of rest as provided under subclause 13.5 of this award
without reduction of pay for ordinary time of duty occurring during such
absence.
16. Shift Work
16.1
16.1.1 "Shift
work" means work extending for at least two weeks and performed either in
daily recurrent periods wholly or partly between the hours of 5.30 p.m. and
7.00 a.m., or in regular rotating periods.
For purpose of this definition the present system of
shifts operating at Bankstown Aerodrome, where day work is carried out seven days
a week on a roster, shall be regarded as shift work. This paragraph shall apply only to employees at Bankstown
Aerodrome.
16.1.2 "Afternoon
shift" means any shift finishing after 6.00 p.m., and at or before
midnight.
16.1.3 "Night
shift" means any shift finishing subsequent to midnight, and at or before
8.00 a.m.
16.1.4 "Permanently
working". An employee shall be
deemed to be and to have been "permanently working" an afternoon
shift or night shift or combination of afternoon and night shifts if:
16.1.4.1 the
employee works on an afternoon or night shift or combination of such shifts
without rotating or alternating with another shift or with day work, so as to
give the employee at least one-third the employee’s working time off that
afternoon or night shift or combination of such shifts in each shift cycle; or
16.1.4.2 the
employee remains on an afternoon or night shift only, or a combination of
afternoon and night shifts, for a longer period than 4 consecutive weeks; or
16.1.4.3 the
employee is specifically engaged to work on an afternoon or night shift only,
or on a combination of afternoon and night shifts only.
16.1.5 "Continuous
work" means work carried on with consecutive shifts of persons throughout
the 24 hours of each of at least six consecutive days without interruption
except during breakdowns or meal breaks or due to unavoidable causes beyond the
control of the employer.
"Non-continuous shift work" means shift work other than
continuous shift work as defined.
16.1.6 "Aircraft
refuelling shifts" means work arranged on a system of rostered shifts for
the purpose of refuelling and/or servicing aircraft whether or not shifts are
worked successively through the 24 hours of each day or overlap or are worked
on all the days of the week.
16.2 Hours 5-Day
non-continuous shift work
The provisions of clause 10 of this award shall apply
to employees on 5-day non-continuous shift work.
16.3 5-Day continuous
shift work
16.3.1 Shift work shall
be arranged to provide for an average of 35 ordinary hours of work per week
over the span of the shift cycle.
16.3.2 In the arrangement
of rosters for 5-day continuous shift workers the following provisions shall
apply:
16.3.2.1 Shifts
will be of 8 hours duration.
16.3.2.2 Days off
may be rostered off progressively over shift cycles or accumulated to a maximum
of 10 days over a 26-week period. Such
days off will be calculated on the basis of time actually worked.
16.3.3 Notwithstanding
anything contained in 16.3.1 and 16.3.2, shift workers will be paid for actual
time worked calculated in accordance with their shift rosters.
16.3.4 Except at the
regular changeover of shifts, an employee shall not be required to work more
than one shift in each 24 hours.
16.3.5 Twenty minutes
shall be allowed to shift workers each shift for crib, which shall be counted
as time worked.
16.4 7-Day
non-continuous shift work
16.4.1 Shift work shall
be arranged to provide for an average of 35 ordinary hours of work per week
over the span of the shift cycle provided that the ordinary hours of any one
shift shall not be more than 8.
Provided further that by agreement between the employer and the union,
the different limitations of ordinary hours may be made to meet domestic shift
rosters.
16.4.2 Days off may be
rostered off progressively over shift cycles or accumulated to a maximum of 10
days over a 26 week period. Such days
off will be calculated on the basis of time actually worked.
16.4.3 Notwithstanding
anything contained in 16.4.1 and 16.4.2, shift workers will be paid for actual
time worked calculated in accordance with their shift rosters.
16.5 7-Day continuous
shift work
16.5.1 Shift work shall
be arranged to provide for an average of 35 ordinary hours of work per week
over the span of the shift cycle.
16.5.2
16.5.2.1 Shifts
will be of 8 hours duration.
16.5.2.2 Days off
may be accumulated to a maximum of 10 days over a 26 week period. Such days off will be calculated on the
basis of time actually worked.
16.6 Hours - Other
than continuous work
This subclause shall apply to shift workers not on
continuous work as hereinbefore defined.
The ordinary hours of such shift work shall be arranged to provide for
an average of 35 ordinary hours per week.
Ordinary hours shall be worked continuously, except for
meal breaks at the discretion of the employer.
An employee shall not be required to work for more than 5 hours without
a break for a meal.
Except at regular changeover of shifts, an employee
shall not be required to work more than one shift in each 24 hours.
16.7 Aircraft
refuelling shifts
16.7.1 Shift work shall
be arranged to provide for an average of 35 ordinary hours of work per week
over the span of the shift cycle.
16.7.2 Employees may be
rostered by the employer to work at such times as may be required provided that
the ordinary hours of employment shall not, without payment for overtime,
exceed:
16.7.2.1 8 hours
in any one shift, or
16.7.2.2 70
hours in any two consecutive weeks.
16.7.3 There shall be a
minimum interval between shifts of at least 10 hours off duty.
16.7.4 While on afternoon
or night shifts, Monday to Sunday inclusive, employees shall be paid 15% above
the ordinary-time rate. For the ordinary shift hours, Monday to Friday
inclusive, employees shall be paid 10% above the ordinary-time rate.
16.7.5 30 minutes shall
be allowed to shift workers in each shift for crib, which shall be counted as
time worked.
16.7.6 For each pay week
in which his/her roster requires that s/he commences his/her ordinary hours of
work on more than two different starting times, an aerodrome attendant on shift
work shall be paid $1.25 for each such starting time in excess of two at which
s/he is required to commence duty in that pay week.
16.7.7 Employees required
to hold themselves in readiness for call back shall, until released, be paid
standing-by time at ordinary rates from the time they are so to hold themselves
in readiness.
16.8 Shift allowances
For the ordinary hours of shift, shift workers shall be
paid the following extra percentages of the rate prescribed for their
respective classifications.
Shift percentages
16.8.1 Afternoon or night
shift Monday to Sunday inclusive
(other than shift referred to
hereunder)......................................15
16.8.2 Permanently
working afternoon shift .........................................20
16.8.3 Permanently
working night shift .................................................30
Permanently working alternate night and
16.8.4.1 when on
afternoon shift.......................................20
16.8.4.2 when on
night shift ..............................................30
16.8.5 Any other shift
...............................................................................10
16.9 Saturday work
For the ordinary shift hours worked between midnight on
Friday and midnight on Saturday the rates of wages prescribed by clauses 8 and
16 of this award shall be increased by 50%, being cumulative upon all other
shift premiums prescribed in 16.8.
16.10 Sunday work
For ordinary shift hours worked between midnight on
Saturday and midnight on Sunday, the rates of wages prescribed by clause 8 of
the award shall be increased by 100%, being cumulative upon all others shift
premiums prescribed in 16.8.
16.11 Rate when shift
extends beyond midnight
Notwithstanding anything herein contained, each shift
shall be paid for at the rate applicable to the day on which the major portion
of the shift is worked.
16.12 Crib time
All shifts of more than four hours shall include a paid
crib time of 30 minutes, to be taken at a time convenient to the work in
hand. Provided that no employee shall
be called upon to work a greater period than 5 hours without a crib time.
16.13 Work on a
rostered day off
Shift workers who are rostered to work regularly on
Sundays and holidays as part of their ordinary hours, shall be paid at the rate
of double time for all work performed on their rostered days off.
A seven-day shift worker required to work on a rostered
day off shall receive a minimum payment as for 4 hours of work. The provision of a minimum payment shall not
apply where the work on such day is continuous with the commencement or
completion of the employee’s ordinary shift.
16.14 Rostered day off
falling on a holiday
An employee whose rostered day off falls on a holiday
Monday to Friday inclusive to which a day worker is entitled as provided in
clause 36 of this award and who is not required to work shall receive a day’s
pay at ordinary time rate in addition to the employee’s weekly wage.
16.15 Lack of public
transport
In addition to the allowances prescribed in 16.3 an
employee who works a rostered shift the ordinary hours of which extend beyond
midnight and finish when reasonable means of public transport are not readily
available, shall be paid an allowance of 45c for each such shift. This allowance shall be payable only in
circumstances where public transport normally available during the day and
evening hours is not available after midnight.
The provisions of this subclause shall have no application in centres
where public transport does not exist.
Provided that this subclause shall not apply to aerodrome attendants.
16.16 Transfer to
existing shift rosters
48 hours’ notice of any change of shift shall be given
to an employee in default of which overtime rates shall be paid for work done
outside the ordinary shift hours within 48 hours of the time the employee is
notified of the change.
16.17 Delivery shifts
The ordinary hours of shift workers engaged on
deliveries shall be worked in 5 days Monday to Friday inclusive, provided that
a shift commenced before midnight Friday and extending into Saturday shall be
deemed to be worked within this period from Monday to Friday. No shifts for deliveries on Saturdays and
Sundays shall be arranged without further discussion with the union. This subclause shall have no effect in
regard to bridging operations or transfers of stock.
16.18 Variations of
rosters
The method of working shifts and the time of commencing
and finishing shifts once having been determined may be varied by agreement
between the employer and the accredited representative of the union to suit the
circumstances of the establishment, or in the absence of agreement by 7 days’
notice of alteration given by the employer to the employee.
16.19 Overtime
For all time worked in excess of or outside the
ordinary working hours prescribed by this award shift workers shall be paid:
16.19.1 if
employed on seven-day shift work, i.e., employees working rostered shifts
necessitating regular rostered Sunday and holiday work as part of their
ordinary hours, at the rate of double time; or
16.19.2 if
employed on other shift work:
16.19.2.1 at the
rate of double time on Sundays;
16.19.2.2 at the
rate of time and a half for the first two hours and double time thereafter, on
all other days except in each case when the time is worked:
16.19.2.2.1 by
arrangement between the employees themselves; or
16.19.2.2.2 for the
purpose of effecting the customary rotation of shifts.
Where a relief person is unable to attend for duty that
person shall wherever practicable give at least eight hours’ notice of his or
her inability to attend. All overtime shall be paid on the weekly rate of wage
that the employee is being paid.
Provided that the weekly rate shall not be deemed to include any shift allowance
prescribed in this award.
Provided however a seven-day shift workers shall not be
paid for overtime worked at any time at a lesser rate than is payable to
employees performing their normal shift at such time.
16.20 Cancellation of
overtime - shift workers
16.20.1 If
notice cancelling a previous instruction to work overtime is given to an
employee before the employee leaves the work-place, a penalty payment shall not
be payable.
16.20.2 If
notice cancelling the instruction is sent or telephoned to the employee’s
registered address before the employee would normally have left to commence
work, the employee shall be paid a minimum of:
16.20.2.1 two
hours at the employee’s ordinary-time rate in the case of overtime scheduled
for a day on which the employee is rostered to work an ordinary shift and
16.20.2.2 four
hours at the employee’s ordinary-time rate in the case of overtime scheduled on
a day on which the employee is not rostered to work an ordinary shift.
Provided that an additional penalty shall not be
payable if the employee is not at the employee’s registered address when notice
of cancellation is delivered or telephoned and the employee subsequently
reports for work.
16.20.3 If
notice of cancellation provided in 16.20.2 is not delivered or telephoned to
the employee’s registered address at least one hour before the employee would
normally leave to commence work and the employee would normally be expected to
partake of a meal at the work-place during the period of overtime now
cancelled, the employee shall be entitled to a meal allowance of $5.90.
16.20.4 For the
purpose of this clause "registered address" shall mean the address
recorded by the employer.
16.21 Call-in for early
start
A seven day shift worker who, not having been notified
before leaving the employer’s business premises is called in to start work at a
time less than four hours before the commencing time of the employee’s ordinary
hours of work shall for the first four hours from the time of commencement of
work be paid at the rate of double time; such double time shall be in lieu of
the rate prescribed in this award for the portion of the employee’s ordinary
hours of work occurring during the said four hours. Thereafter the employee will revert to the employee’s ordinary shift-rate.
16.22 Travelling time -
call ins
A shift worker who is contacted on any day of the week
at home and responds to a call-in to work involving the employee in an
additional trip to and from the workplace shall be paid one hour at the
employee’s ordinary-time rate of pay for travelling time, irrespective of the
distance travelled.
16.23 Christmas Day -
shift workers
When 25 December falls on a Saturday or Sunday and a
substituted day is proclaimed to be observed as the holiday, the following will
apply:
Work on 25 December will attract the public holiday
penalty and, where the employee also works on the substituted day, no penalty
will apply. This only applies to work
actually performed on 25 December and the substituted day will only be observed
for purposes of payment on rostered days off.
16.24 Rest period
before or after overtime
Subject to the provisions of this subclause, when
overtime is necessary it shall be so arranged, wherever practicable, that a
shift employee has a ten hour rest period between shifts worked on successive
days.
The union, the employers and their employees will
cooperate in establishing work arrangements which will provide, if practicable,
for shift employees who work so much overtime between the termination of their ordinary
shift on one day and the commencement of their ordinary shift on the next day
that they have not had at least ten consecutive hours off duty between those
times, be released after completion of such overtime until they have had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
Except for the occasion when a shift employee exchanges
shifts with another shift employee, with the employer’s approval, and without
limiting the scope of the provisions of this subclause, overtime required to
provide necessary shift coverage will be shared between the employees of the
off-going shift and the on-coming shift.
17. Meal Money
17.1 Any employee
required to work overtime for more than one and a half hours immediately after
the employee’s usual finishing time, otherwise than because of the employee’s
own default or delay, shall be paid a meal allowance of $7.40.
17.2 Provided that,
after each four hours overtime worked continuously and subsequent to the first
one and a half hours an employee shall be entitled to a further meal allowance
of $7.40 in respect of that four hours.
To be eligible for each payment of a meal allowance an employee must
continue to work after the relevant meal break.
17.3 A meal allowance
of $7.40 shall be paid to an employee who is called in on any day earlier that
1½ hours before the time when (notwithstanding that in the case of a day worker
such time is outside the spread of ordinary hours specified in clause 10 of
this award or the case of a shift worker such time is earlier than the
commencement of ordinary shift hours) the employee would have commenced work on
that day had the employee not been so called in, and who thereby misses a meal
which otherwise the employee would have partaken at home. Provided that this payment shall not apply
in respect of changes to regular starting times for which at least seven days
notice has been given.
17.4 Any employee who
is called upon to work on a holiday shall be paid either:
17.4.1 Where work
continues for more than 9½ hours a meal allowance of $7.40 and after the next
four hours of continuous work in excess of eight hours on any such day a
further meal allowance of $7.40 and after each additional four hours continuous
work thereafter a subsequent meal allowance of $7.40 and after each additional
four hours continuous work thereafter a subsequent meal allowance of $7.40
provided the employee continues working after each such qualifying period, or
17.4.2 where the work is
extended unexpectedly beyond the time when the employee would ordinarily be
expected to partake a meal on any such day, a meal allowance of $7.40 for the
first such meal, $7.40 for the next meal and $7.40 for any subsequent meal.
17.5 A day worker, or
a shift worker on other than seven day shifts, required to work on a Saturday
or Sunday (not being a day on which the employee is ordinarily required to
work) shall, after the first four hours of overtime work (provided the employee
is required to work beyond the said four-hourly period) be paid $7.40.
This payment need not be made to an employee living in
the same locality as the employee’s work place who can reasonably return home
for a meal.
17.6 Notwithstanding
the provisions of 17.3 and 17.4, a delivery driver required by the employer to
commence work at or before 5.30 a.m. on a Saturday, Sunday or a public holiday
as prescribed in clause 17 hereof, shall be paid a meal allowance of $7.40.
17.7 Allowances under
this clause shall not apply:
17.7.1 When the employer provides
a suitable meal as an alternative to payment of the relevant allowance; and
17.7.2 when an employee
receives expenses covering such meals under clause 18 of this award.
18. Travelling
Allowance
18.1 Where an employer
transfers an employee from his or her usual place of employment to another
place of employment the employer shall pay all fares and expenses reasonably
incurred in going to and from such place.
18.2 Where an employee
is required by the employer to travel as a passenger by any conveyance, the
employee shall whilst so travelling be paid at ordinary rate to a maximum of 12
hours out of every 24 of such travelling except on Sundays or holidays when
payment shall be at the rate of time and a half, provided that when a sleeping
berth is provided by the employer for all-night travel the maximum travelling
time to be paid shall be 8 hours out of every 24.
18.3 Employees whose
work necessitates their absence from home overnight shall be paid all expenses
reasonably incurred by such absence, with a minimum payment of $32.00 per night
or alternatively they shall be provided with reasonable meals and
accommodation; provided that where an employee travels by boat or other
conveyance in which the employee's ticket includes meals and bed the employee
shall not be entitled to the said allowance.
18.4 Where an employee
is transferred temporarily to work at a place which requires the employee to
travel daily a greater distance from home than the distance to the employee’s
usual place of employment, the employee shall be paid any additional fares and
additional travelling time so incurred for a period not exceeding three months.
19. Transport of
Employees
19.1 When an employee,
after having worked overtime or a shift for which the employee has not been
regularly rostered, finishes work at a time when the employee’s normal means of
transport or reasonable means of public transport are not readily available the
employer shall provide the employee with a conveyance to such public transport
as is available, or to the employee’s home, or pay the employee at the ordinary
time-rate of the employee’s current wage for the time reasonably occupied in
reaching home. Provided that this
clause shall not apply to those employees receiving the allowance prescribed in
subclause 16.15 of this award.
19.2 When an employee,
not having been notified before leaving his or her employer’s business
premises, is called in before the employee’s usual commencing time to work
overtime, or a shift, for which the employee has not been regularly rostered
and at a time when the employee’s normal means of transport or reasonable means
of transport are not available, the employer shall provide the employee with a
conveyance to the employee’s place of work or pay the employee at the employee’s
ordinary rate for the time reasonably occupied in reaching the employee’s place
of work.
20. Telephoning
20.1 Telephoning for
instructions
Subject to a minimum of 3 hours pay where an employee
complies with a direction to telephone for instruction in connection with
overtime work the employee shall be paid at the employee’s ordinary-time rate
from that telephone call until either the employee:
20.1.1 is given further
direction to telephone later for instructions, or
20.1.2 is told a definite
time at which the employee is to commence work, or
20.1.3 is released.
Where it becomes necessary for the employee to make a
number of telephone calls at intervals determined by an authorised supervisor,
the employee is to receive a minimum of 3 hours payment at the employee’s
ordinary-time rate for each such telephone call, provided that no payment will
be made for any telephone call within 3 hours of the last preceding telephone
call. Provided further that when an
employee commences work, all payments due under this clause shall cease.
20.2 An employee,
other than an employee engaged in continuous shift work, who on any day of the
week responds to a telephone call (not being a telephone call in respect of
which a payment is made under the provisions of 20.1 of this clause) made to
the employee at home requiring the employee to report for work earlier than the
next scheduled starting time shall, if the employee’s telephone rental is not
paid by the employer, receive a payment of $7.40.
21. Standing By
Subject to any custom now prevailing under which employees
are required regularly to hold themselves in readiness for a call-back,
employees required to hold themselves in readiness to work after ordinary hours
shall until released be paid standing by time at their ordinary time rate from
the time from which they are so told to hold themselves in readiness.
22. Accident Pay -
Make-Up of Pay
22.1 This clause shall
apply to all employees covered by this award, and it shall apply only in
respect of incapacity which results from an injury received on or after 1 April
1981.
22.2 The circumstances
under which an employee shall qualify for accident make-up payment shall be as
prescribed hereunder:
22.2.1 An employer shall
pay an employee accident make-up payment where the employee receives an injury
for which weekly payment or compensation is payable by or on behalf of the
employer pursuant to the provisions of the Workers Compensation Legislation
(see definitions), as amended from time to time.
22.2.2 "Accident
make-up payment" means a weekly payment of an amount being the difference
between the weekly amount of compensation paid to the employee pursuant to the
Workers Compensation Legislation, and the employee’s appropriate 35 hour award
rate, or, where the incapacity is for a lesser period than one week, the
difference between the amount of compensation and the said award rate for that
period.
22.2.3 An employer shall
pay, or cause to be paid, accident make-up payment during the incapacity of the
employee within the meaning of the said Act until such incapacity ceases or
until the expiration of a period of fifty-two weeks from the date of injury,
whichever event shall first occur.
22.2.4 The liability of
the employer to pay accident make-up payment in accordance with this clause
shall arise as at the date of the injury in respect of which compensation is
payable under the said Act, and the termination of the employee’s employment
for any reason during the period of any incapacity shall in no way affect the liability
of the employer to pay accident make-up payment as provided in this clause.
22.2.5 In the event that
the employee receives a lump sum in redemption of weekly payments under the
said Act, the liability of the employer to pay accident make-up payment as
herein provided shall cease from the date of such redemption.
22.2.6 An employer may at
any time apply to the Industrial Relations Commission for exemption from the
terms of this clause on the grounds that an accident make-up payment scheme
proposed and implemented by that employer contains provisions generally not
less favourable to its employees than the provisions of this clause.
23. Uniforms
23.1 Where an employer
requires a special uniform to be worn by an employee while on duty, such
uniform shall be supplied by the employer free of charge to the employee. Where a driver so requests, the driver’s
uniform shall, if practicable, be laundered once per week at the employer’s
expense.
23.2 Overalls, gloves,
aprons, footwear and wet weather clothing shall be supplied to employees
(together with such other special wearing apparel usually issued) working in
places where it is agreed between the employer or the employer’s representative
and the Secretary of the union or the Secretary’s representative that such are
necessary.
Overalls supplied in accordance with this provision
shall be laundered once per week at the employer’s expense.
23.3 Any clothing or
other items supplied by the employer, for whatever reason shall remain the
property of the employer.
24. Licences
Where an employee, in the course of the employee’s duties,
is required by law to obtain a special licence to operate special equipment,
the licence fee will be reimbursed by the employer.
Where an employee, who does not hold a driving licence to
drive a motor vehicle on a public highway, is required to hold such a licence
for the performance of work, the employer will reimburse the employee the cost
of the first licence fee.
25. No Reduction in
Wages
Nothing in this award shall of itself operate to reduce the
rate of pay for any classification in existence prior to the making of the
order.
26. Mixed Functions
26.1 An employee
engaged under this award and who in any day or shift does work involving
different rates of pay shall be paid the highest of such rates for the whole of
the employee’s ordinary working hours on that day or shift.
26.2 Where in any
overtime period an employee is required to perform work involving different
rates of pay, the employee shall be paid the highest of such rates for the
whole of that overtime period.
26.3 The provisions of
26.1 and 26.2 will apply to work involving different rates of pay performed by
an employee on a holiday as prescribed in clause 18 of this award.
26.4 The provisions of
this clause shall not apply to the moving of vehicles in or around an
employer’s premises.
27. Employee Doing
Work of a Lower Grade
Should an employee be temporarily transferred for a period
not exceeding one week to perform a class of work as set out in clause 8 of
this award carrying a lesser minimum rate of wage than at which the employee is
usually employed, the employee shall not during such temporary transfer suffer
any reduction of the employee’s usual wage.
28. Casual Employees
and Part-Time Employees
28.1 Casual Employees
28.1.1 Casual employees
shall be paid per hour at the rate of 1/35th of the appropriate weekly award
rate plus 20%, with a minimum payment as for one day.
28.1.2 Casual employees
who work in excess of seven (7) hours on any one day, Monday to Friday
inclusive, shall, for that time worked in excess of seven (7) hours, be paid at
overtime rates.
28.1.3 Casual employees
shall be notified at the end of the day if their services are not required for
the next working day. Failing the giving
of such notice a full day’s wages shall be paid for the next working day.
28.2 Casual Employees
- Rural Distribution Operations
28.2.1 The employment of
a casual employee (Rural Distribution Operations) may be terminated at any
time.
28.2.2 A casual employee
(Rural Distribution Operations) shall be paid per hour at the rate of 1/35th of
the appropriate weekly award rate plus 20%, with a minimum payment as for hour
hours.
28.2.3 A casual employee
who works in excess of seven (7) hours on any one day, Monday to Friday
inclusive, shall be paid for that time worked in excess of seven (7) hours at
overtime rates.
28.2.4 Conversion of
casual employment
(i) A casual
employee, other than an irregular casual employee as defined in clause
28.2.4(xi), who has been engaged by a particular employer for a sequence of
periods of employment under this Award during a period of twelve months shall
thereafter have the right to elect to have his or her contract of employment
converted to full-time employment or part-time employment if the employment is
to continue beyond the conversion process.
(ii) An employer of
such an employee shall give the employee notice in writing of the provisions of
clause 28.2.5 within four weeks of the employee having attained such period of
twelve months.
(iii) The employee
retains his or her right of election under this clause even if the employer
fails to comply with clause 28.2.4(ii).
(iv) A casual
employee who does not, within four weeks of receiving written notice, elect to
convert his or her contract of employment to a full-time employment or a
part-time employment will be deemed to have elected against any such
conversion.
(v) Any casual
employee who has a right to elect under clause 28.2.4(i), upon receiving notice
under clause 28.2.4(ii) or after the expiry of the time for giving such notice,
may give four weeks notice in writing to the employer that he or she seeks to
elect to convert his or her contract of employment to full-time or part-time
employment, and within four weeks of receiving such notice the employer shall
either consent to or refuse the election but shall not unreasonably so
refuse. Any dispute about a refusal of
an election to convert a contract of employment shall be dealt with as far as
practicable with expedition through the dispute settlement procedure.
(vi) A casual
employee who has elected to be converted to a full-time employee or a part-time
employee, may only revert to casual employment by written agreement with the
employer.
(vii) lf a casual
employee has elected to have hrs or her contract of employment converted to
full-time or part-time employment in accordance with clause 28.2.4(i), the
employer and employee in accordance with this subparagraph, and subject to
clause 28.2.4(iii), shall discuss and agree upon:
(1) which form of
employment the employee will convert to, that is, full-time or part-time; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked as set out in clause 28.3.
(viii) An employee who
has worked on a full-time basis throughout the period of casual employment has
the right to elect to convert his or her contract of employment to fulltime
employment and an employee who has worked on a part-time basis during the
period of casual employment has the right to elect to convert his or her
contract of employment to part-time employment, on the basis of the same number
of hours and times of work as previously worked, unless other arrangements are
agreed upon between the employer and employee.
Following such agreement being reached, the employee
shall convert to fulltime or part-time employment.
Where, in accordance with clause 28.2.4(v) an employer
refuses an election to convert, the reasons for doing so shall be fully stated
to and discussed with the employee concerned and a genuine attempt made to
reach agreement.
(ix) Any dispute
about the arrangements to apply to an employee converting from casual
employment to full-time or part-time employment shall be dealt with as far as
practicable with expedition through the dispute settlement procedure.
(x) An employee must
not be engaged, disengaged and re-engaged to avoid any obligation under this
Award.
(xi) An
"irregular casual employee" is one who has been engaged to perform
work on an occasional or non-systematic or irregular basis.
(xii) The provisions
of clause 28.2.4 do not apply to irregular casual employees.
28.3 Permanent
Part-time Employees - Rural Distribution Operations
28.3.1 Permanent part-time
employees (Rural Distribution Operations) may be employed for a minimum of four
hours and a maximum of seven hours (continuously) in any one day, and a minimum
of twenty hours and a maximum of 30 hours in any one week from Monday to
Friday, inclusive. There should be a
minimum of three days and a maximum of five days rostered per week. These hours
may be varied by agreement between the employer and the Secretary Treasurer of
the Union.
28.3.2 Permanent
part-time employees (Rural Distribution Operations) will not be required to
work split shifts.
28.3.3 Permanent
part-time employees (Rural Distribution Operations) shall be paid pro-rata the
appropriate award rate of pay and applicable allowance.
28.3.4 Permanent
part-time employees (Rural Distribution Operations) who, by agreement with
their employer, work in excess of 35 hours in any one week, shall be paid for
that time worked in excess of 35 hours, in accordance with the overtime
provisions of this award.
28.3.5 Permanent
part-time employees shall be paid pro-rata:
entitlements upon termination of employment
for public holiday and Sunday work
for sick leave
for annual leave
for long service leave.
28.3.6 Conversion of
casual employment - rural distribution operations
(i) A casual
employee, other than an irregular casual employee as defined in clause
28.3.6(xi), who has been engaged by a particular employer for a sequence of
periods of employment under this Award during a period of twelve months shall
thereafter have the right to elect to have his or her contract of employment
converted to full-time employment or part-time employment if the employment is
to continue beyond the conversion process.
(ii) An employer of
such an employee shall give the employee notice in writing of the provisions of
clause 28.3.6 within four weeks of the employee having attained such period of
twelve months.
(iii) The employee
retains his or her right of election under this clause even if the employer
fails to comply with clause 28.3.6(ii).
(iv) A casual
employee who does not, within four weeks of receiving written notice, elect to
convert his or her contract of employment to a full-time employment or a
part-time employment will be deemed to have elected against any such
conversion,
(v) Any casual
employee who has a right to elect under clause 28.3.6(i), upon receiving notice
under clause 28.3.6(ii) or after the expiry of the time for giving such notice,
may give four weeks notice in writing to the employer that he or she seeks to
elect to convert his or her contract of employment to full-time or part-time
employment, and within four weeks of receiving such notice the employer shall
either consent to or refuse the election but shall not unreasonably so
refuse. Any dispute about a refusal of
an election to convert a contract of employment shall be dealt with as far as
practicable with expedition through the dispute settlement procedure.
(vi) A casual
employee who has elected to be converted to a full-time employee or a part-time
employee, may only revert to casual employment by written agreement with the
employer.
(vii) lf a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with clause 28.3.6(i), the
employer and employee in accordance with this subparagraph, and subject to
clause 28.3.6(iii), shall discuss and agree upon:
(1) which form of
employment the employee will convert to, that is, full-time or part-time; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked as set out in clause 28.4.
(viii) An employee who
has worked on a full-time basis throughout the period of casual employment has
the right to elect to convert his or her contract of employment to fulltime
employment and an employee who has worked on a part-time basis during the
period of casual employment has the right to elect to convert his or her
contract of employment to part-time employment, on the basis of the same number
of hours and times of work as previously worked, unless other arrangements are
agreed upon between the employer and employee.
Following such agreement being reached, the employee
shall convert to fulltime or part-time employment.
Where, in accordance with clause 28.3.6(v) an employer
refuses an election to convert, the reasons for doing so shall be fully stated
to and discussed with the employee concerned and a genuine attempt made to
reach agreement.
(ix) Any dispute
about the arrangements to apply to an employee converting from casual
employment to full-time or part-time employment shall be dealt with as far as
practicable with expedition through the dispute settlement procedure,
(x) An employee must
not be engaged, disengaged and re-engaged to avoid any obligation under this
Award
(xi) An
"irregular casual employee" is one who has been engaged to perform
work on an occasional or non-systematic or irregular basis.
(xii) The provisions
of clause 28.3.6 do not apply to irregular casual employees.
Section III Employer And Employee Duties, Employment Relationship
29. Contract of
Employment
29.1 Except as
hereinafter provided employment shall be by the week. Any employee not specifically engaged, as a casual employee shall
be deemed to be employed by the week.
Employment shall be terminated by a week’s notice on either side given
at any time during the week or by the payment or forfeiture of a week’s wages
as the case may be. This shall not
affect the right of the employer to dismiss any employee without notice or
payment in lieu of notice for inefficiency, neglect of duty or wilful
misconduct.
Where an employee has given or been given notice as
aforesaid he or she shall continue in employment until the date of the
expiration of such notice.
Any employee who having given or been given notice as
aforesaid, without reasonable cause (proof of which shall lie on the employee)
is absent from work during such period, shall be deemed to have abandoned his
or her employment and shall not be entitled to payment for work done within
that period.
An employee (other than an employee who has given or
been given notice in accordance with this subclause) not attending for duty
shall, except as provided by clause 26 of this award, lose pay for the actual
time of such non-attendance.
It is a term and condition of employment and of the
obligations and rights accruing under this award that employees shall:
29.1.1 subject to clause
19 perform such work including shift work as their employer shall, from time to
time, reasonably require; and
29.1.2 subject to 13.4
comply with the orders of the employer to work reasonable overtime at any time
during the seven days of the week at the appropriate remuneration prescribed in
this award; and
29.1.3 if be shift
workers who are not relieved as scheduled at the end of their shift, continue
to work at the appropriate overtime rate until relieved or otherwise authorised
to finish work by their employer; and
29.1.4 use all
appropriate protective clothing and equipment provided by their employer for
specific circumstances; and
29.1.5 comply with their
employer’s direction to carry out work required for the safety or personnel and
plant (including when required, the continued operation of plant); and
29.1.6 comply with their
employer’s direction to keep the work place and equipment in a clean and safe
condition.
29.2 An employee, to
become entitled to payment of the weekly wage prescribed by this award, shall
be available, ready and willing to perform such work as the employer shall,
from time to time, require on the days and during the hours usually worked by
the class of employee comprising him or her but any employee so available,
ready and willing to work for the whole week and not justifiably dismissed
shall be entitled to a full week’s wage.
29.3 Payment of wages
29.3.1 Wages shall be
paid weekly or by agreement fortnightly provided that the last two days’ wages
due may be kept in hand. Where wages
are paid on a weekly basis the ordinary rate for the week shall be one half of
the fortnightly rate of pay. Provided
that deductions for unpaid absences shall be calculated at the hourly
rate. Provided also that payment for
overtime worked at country depots and outport installations within the week
before the pay day need not be made until the succeeding pay day.
29.3.2 Where an
employee’s rostered day-off (under the 9-day fortnight roster) falls on a pay
day the employee shall be paid his or her wages not later than the next working
day following the employee’s rostered day-off.
Provided that if such pay day falls on a Friday wages will be paid on
the employees’ preceding working day.
29.3.3 An employee kept
waiting for his or her wages on pay day for more than a quarter of an hour
after the usual time for ceasing work, shall be paid at overtime rates until
paid with a minimum of half an hour.
29.3.4 On or prior to pay
day, the employer shall state to each employee in writing the amount of wages
to which the employee is entitled, the amount of deductions made therefrom, and
the net amount being paid to the employee.
29.3.5 An employer and an
employee may agree that wages due to the employee be paid by cheque or into a
bank account nominated by the employee.
29.3.6 It shall be a full
discharge of the obligations and rights accruing from week to week under clause
16 of this award, if, in pursuance of an agreement made between an employer and
the union, a different method of wage payment is adopted averaging over a full
shift cycle the payments normally accruing from shift work to a shift worker. This provision shall apply even if a shift
worker fails for any reason to work a full shift cycle.
30. Gear and
Equipment to be Provided
All necessary gear and equipment shall be provided by and
remain the property of the employer.
31. Unauthorised
Persons on Vehicles
Employees shall not permit any unauthorised person or
persons to accompany them on their vehicles or permit any such person or
persons to assist them in the delivery of goods, wares, merchandise or material
unless such person or persons have been engaged as an employee or is the owner
of such goods, wares or merchandise or material or is the agent of such owner.
Section IV Leave Entitlements And Public Holidays
32. Sick Leave
32.1 Employees on
weekly hiring who are absent from work on account of personal illness or
incapacity shall be entitled to leave of absence without deductions of pay
subject to the following conditions and limitations:
32.1.1 They shall not be
entitled to paid leave of absence for any period in respect of which they are
entitled to workers’ compensation.
32.1.2 Where practicable
they shall notify the nominated representative of their employer prior to the
commencement of their next period of work and, in any case, they shall within
24 hours of the commencement of such absence inform the employer of their
inability to attend for duty and, as far as practicable, state the nature of
the illness or incapacity and the estimated duration of the absence.
32.1.3 They shall prove
they were unable on account of such illness or incapacity to attend for duty on
the day or days for which sick leave is claimed.
32.1.4 They shall not be
entitled in respect of any year of service with their employer to leave in
excess of five days in their first
year of service and eight days in any subsequent year of service. Provided that sick leave shall accumulate
from year to year so that any balance of the period specified herein which has
in any year not been allowed to an employee by an employer as paid sick leave
may be claimed by the employee and, subject to the conditions hereinbefore
prescribed, shall be allowed by that employer in a subsequent year without
diminution of the sick leave prescribed in respect of the year. Provided further that sick leave which
accumulates pursuant to this subclause shall be available to the employee for a
period of 10 years but not longer from the end of the year in which it accrues.
32.2 Employees are not
entitled to sick leave for more than two absences each of a single day in any
one year of service without the production (if requested by the employer) of a
certificate from a qualified medical practitioner. Nothing in this subclause shall limit the employer’s rights under
32.1.3.
33. State
Personal/Carer’s Leave
33.1 Use of Sick Leave
33.1.1 An employee, other than a casual employee, with
responsibilities in relation to a class of person set out in 33.1.3.2 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 32, Sick Leave of the award, for absences to provide care and support
for such persons when they are ill, or who require care due to an unexpected
emergency. Such leave may be taken for
part of a single day.
33.1.2 The employee shall, if required,
(1) 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, or
(2) establish by production of documentation
acceptable to the employer or a statutory declaration, the nature of the
emergency and that such emergency resulted in the person concerned requiring
care by the employee.
In normal
circumstances, an employee must not take carer's leave under this subclause
where another person had taken leave to care for the same person
33.1.3 The entitlement to
use sick leave in accordance with this subclause is subject to:
33.1.3.1 the
employee being responsible for the care of the person concerned; and
33.1.3.2 the
person concerned being:
33.1.3.2.1 a spouse
of the employee; or
33.1.3.2.2 a de
facto spouse, who, in relation to a person, is a person of the opposite sex to
the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
33.1.3.2.3 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
33.1.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
33.1.3.2.5 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 to blood relatives
of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
33.1.4 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.
Note: In the unlikely event that more than 10 days
sick leave in any year is to be used for caring purposes the employer and
employee shall discuss appropriate arrangements which, as far as practicable,
take account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 46, Dispute And Grievance Procedure, should be
followed
33.2 Unpaid Leave for
Family Purpose
33.2.1 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in 33.1.3.2 above
who is ill or who requires care due to an unexpected emergency.
33.3 Annual Leave
33.3.1 An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties
33.3.2 Access to annual
leave, as prescribed in 33.3.1, shall be exclusive of any shutdown period
provided for elsewhere under this award.
33.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
33.3.4 An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
33.4 Time Off in Lieu
of Payment for Overtime
33.4.1 For the purpose
only of providing care and support for a person in accordance with 33.1, and
despite the provisions of clause 13, Overtime - Day Workers, the following
provisions shall apply.
33.4.2 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.
33.4.3 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.
33.4.4 If, having elected
to take leave in accordance with 33.4.1, the leave is not taken for whatever
reason payment for time accrued at overtime rates shall be made at the expiry
of the 12 month period or on termination.
33.4.5 Where no election
is made in accordance with 33.4.1, the employee shall be paid overtime rates in
accordance with the award.
33.5 Make-up Time
33.5.1 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.
33.5.2 An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
33.6 Rostered Days Off
33.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
33.6.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
33.6.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
33.6.4 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.
33.7 Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 33.1.2 and 33.1.4 casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 33.1.3.2 of this clause who are sick
and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In
the absence of agreement, the employee is entitled to not be available to
attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(3) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
34. Bereavement Leave
34.1 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 34.3.
34.2 The employee must
notify the employer as soon as practicable of the intention to take bereavement
leave and will provide to the satisfaction of the employer proof of death.
34.3 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 33.1.3.2 of
clause 33, State 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.
34.4 An employee shall
not be entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
34.5 Bereavement leave
may be taken in conjunction with other leave available under 33.2, 33.3, 33.4,
33.5, and 33.6 of clause 33. In
determining such a request the employer will give consideration to the
circumstances of the employee and the reasonable operational requirements of
the business.
34.6 Bereavement
entitlements for casual employees
34.6.1 Subject to the
evidentiary and notice requirements in 34.2 casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 33.1.3.2 of clause 33, Personal/Carer's
Leave.
34.6.2 The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In
the absence of agreement, the employee is entitled to not be available to
attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
34.6.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
34A. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the
Industrial Relations Act 1996 (NSW).
(2) An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
(a) the employee or
employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
35. Annual Leave
35.1
35.1.1 Except as
hereinafter provided all weekly employees, after each 12 months’ continuous
service with an employer, shall be granted four weeks leave on full pay.
35.1.2 In addition to the
leave hereinbefore prescribed, seven-day shift workers, that is employees
working rostered shifts necessitating regular rostered Sunday and holiday work
as part of their ordinary hours after each 12 months’ continuous services shall
be given an extra week’s leave provided that where an employee is engaged for
part only of the twelve monthly period as a seven day shift worker the extra
leave to which the employee shall be entitled shall be the same proportion of a
week as the proportion which the time the employee spent as a seven day shift
worker during the period bears to a year.
35.1.3 An employee whose
services are terminated for any cause whatsoever, or who leaves his or her
employment in a qualifying period for annual leave, shall be entitled to the
cash equivalent of such leave in respect of the period worked in the proportion
which that period bears to a year.
35.2 Broken Leave
The annual leave shall be given and taken in one
continuous period or, if the employee and the employer so agree, in two
separate periods and not otherwise.
Short-term annual leave
An employee may request and, with the consent of the
employer, take short-term annual leave, not exceeding four days in any calendar
year, at a time or times separate from any of the periods determined in
accordance with 35.2.
35.3 Annual leave in
advance
35.3.1 An employer may
grant to employees annual leave or, subject to 35.2, a part thereof before the
right to the leave has fully accrued due, but where the leave or part thereof
is so taken, a further period of annual leave shall not commence to accrue
until after the expiration of the twelve months in respect of which the leave
or part leave was granted in advance.
35.3.2 Where the annual
leave or part thereof has been granted to an employee pursuant to this
subclause before the right to the leave has accrued due; and
35.3.2.1 the
employee subsequently leaves or is discharged before completing the twelve
months continuous service in respect of which the leave or part leave was
granted; and
35.3.2.2 the sum
paid by the employer to the employee for the leave or part leave taken in
advance exceeds the sum which the employer is required to pay the employee
under 35.1.3 the employer shall not be liable to make any payments to the
employee and shall be entitled to deduct the amount of such excess, but
excluding any sums paid for any of the holidays prescribed by clause 36 of this
award from any remuneration payable to the employee upon termination of the
employment.
35.4
35.4.1 An employee before
going on annual leave shall be paid therefore at the rate at which the employee
was ordinarily employed prior to the commencement of leave.
Notwithstanding the above paragraph an employee classified
under classification 2 - Delivery vehicles (products) - shall be paid before
going on annual leave at the higher rate when the employee has worked on a
higher tonnage vehicle for a period of four weeks or more during the preceding
six months. It shall not be a
requirement that the period of four weeks be consecutive but shall cover a
period of 28 calendar days or twenty working days in the six months period.
35.4.2 An employee at the
time of entering upon a period of annual leave in accordance with the
provisions of this clause and the Annual Holidays Act 1944, shall be
entitled to an additional payment of 22½% in respect of that period of leave.
Provided that employees whose services are terminated
(either by themselves or by their employer) after having accrued a full years’
entitlement of annual leave shall receive the above payments in respect of that
entitlement; provided further that pro-rata payments in lieu of annual leave on
termination of employment shall be paid for only at the employees’ ordinary-time
rate of pay.
35.5
35.5.1 Annual leave shall
be granted as soon as practicable after accrual and shall be taken not later
than six months of its becoming due.
35.5.2 At least six
months notice shall be given of the commencement of annual leave, provided that
any employee and his or her employer may agree that less than six month’s
notice may be given in individual cases.
35.6 Except as
provided in 35.1.3, payment shall not in any circumstances be made in lieu of
annual leave.
35.7 An employee on a
period of annual leave will not accept other employment during that period of
annual leave, and an employer will not knowingly engage a worker who is on
annual leave.
35.8 Subject to this
subclause the annual leave prescribed by this clause shall be exclusive of any
of the holidays prescribed by clause 36 of this award, and if any such holiday
falls within an employee’s period of annual leave and is observed on a day
which in the case of that employee would have been an ordinary working day
either there shall be added to the period of annual leave time equivalent to
the ordinary time which the employee would have worked if such day had not been
a holiday, or else by mutual agreement the employee may work such equivalent
time, in which case the employee shall be paid therefore at the appropriate
rate prescribed by subclause 36.4 of this award.
36. Holidays
36.1 Subject to the
provisions of 36.2, 36.3 and 36.8, employees on weekly hiring shall be entitled
to the following holidays without deduction of pay:
New Year’s Day, Australia Day, Good Friday, Easter
Monday, Easter Tuesday (except in Newcastle where Show Day shall be observed),
Labour Day (or the day observed as Labour Day), Anzac Day, the Birthday of the
Sovereign, August Bank Holiday, Christmas Day and Boxing Day.
36.2 When Anzac Day
falls on a Saturday or a Sunday, the following Monday or the day gazetted by
the State government to be observed as the Anzac Day holiday shall be
substituted for Anzac Day.
36.3 Where other days
are generally observed in any locality as a substitute for any of the above
days, they should be so observed together with any other holiday specially
proclaimed for a State or National occasion by State Parliament or the
Commonwealth, even though the holiday may be observed on different days in
different localities in any State or States to which this Award applies. An employee shall not be entitled to the
benefit of more than one holiday as a consequence of such proclamation.
36.4 Employees called
upon to work on any of the holidays above shall be notified no later than the
day before and, except as provided in 36.5 and 36.6, shall in addition to their
weekly wage, be paid double time for all time worked with a minimum payment as
for four hours.
36.5 If the employee is
required to work on a holiday during hours which if that day was not a holiday,
would be outside the range of ordinary working time mentioned in clause 10 and
16 of this award, the employee’s hourly rate for such work shall be triple
time.
36.6 For the purposes
of calculating payments for holidays under this clause, the ordinary rate of
pay for employees employed as shift workers under clause 16 of this award will
include the relevant shift allowances prescribed in clause 16.8 of this award.
36.7 An employee
notified to attend for work on a holiday which is not so worked shall be paid
at holiday rates for 4 hours. Provided
that this subclause shall not apply where an employee who has already been
notified to attend for work is given a minimum of 24 hours notice that he or
she is not so required.
36.8 Where an employee
is absent from employment on the working day before or the working day after a
holiday without reasonable excuse or without the consent of the employer, the
employee shall not be entitled to payment for such holiday.
36.9 Where in the
State or a locality within the State an additional holiday is proclaimed or
gazetted by the authority of the Commonwealth Government or of the State
Government and such proclaimed or gazetted holiday is to be observed generally
by persons throughout the State of locality thereof, other than by those
covered by Federal awards, or when such a proclaimed or gazetted day is, by any
required judicial or administrative order, to be so observed, then such day
shall be deemed to be a holiday for the purposes of this Award, for employees
covered by this Award who are employed in the State, or locality in respect of
which the holiday has been proclaimed or ordered as required.
37. Jury Service
Subject to the production of satisfactory evidence,
employees required to be absent from work due to jury service will be
reimbursed by their employer for any loss of wages to the extent of the
difference between the amount they received for attendance on jury service and
their ordinary-time rate of pay during such absence.
Section V Training And Occupational Health And Safety
38. Training
38.1 Following proper
consultation, which may involve the setting up of training committees, the
employer shall develop a training policy and programme consistent with:
38.1.1 the current and
future skill needs of the enterprise;
38.1.2 the size,
structure and nature of the operations of the enterprise;
38.1.3 the need to
develop vocational skills relevant to the enterprise and the transport industry
through courses conducted by appropriate educational institutions and training
providers.
38.2
38.2.1 Where, as a result
of consultation, it is agreed by the employer that additional training in
accordance with the programme developed pursuant to 38.1 should be undertaken
by an 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.
38.2.2 Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(excluding those textbooks which are available in the employer’s technical
library) incurred in connection with the undertaking of training shall be
reimbursed by the employer upon production of evidence of such
expenditure. Provided that
reimbursement of standard fees may be made at the completion of the prescribed
course or annually, whichever is the earlier, subject to reports of attendance
at such courses.
38.2.3 Travel costs
incurred by an employee undertaking training in accordance with this clause
which exceed those normally incurred in travelling to and from work shall be
reimbursed by the employer.
38.3 38.1 and 38.2
herein shall operate as interim provisions and shall be reviewed after twelve
months’ operations.
39. First Aid
Employees holding a current first aid qualification from St.
John Ambulance or similar body and appointed by their employer to perform first
aid duty shall be paid in addition to their wages $11.43 for any week they are
so appointed. The employer will
reimburse the cost of fees for any courses necessary for employees covered by
this clause to obtain and maintain current the appropriate first aid
qualification.
40. Rest Break
Subject to their observance of the employer’s safety
regulations, all employees shall be allowed a rest break of 10 minutes during
each period of at least 4 hours ordinary working time, and during each
continuous period of at least 4 hours performed on Saturdays, Sundays and
holidays.
Rest breaks shall be taken having regard to the work in
progress and at times which minimise the interruption to work then being
performed.
41. Amenities
The following amenities shall be provided by the employer:
41.1 Wash hand basins
41.2 Where 10 or more
employees are regularly employed at the one time, and in the one location, hot
and cold showers and an adequate dressing room with individual clothing
lockers.
41.3 Cool drinking
water in a position reasonably accessible to employees.
42. Heavy Articles
No employee shall be permitted to lift free or carry without
proper appliances goods or material of any kind exceeding 50 kilos in weight
unless an assistant is provided.
1. Insert after
clause 42, Heavy Articles, the following new clause:
42A. Occupational
Health and Safety
(i) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer's premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely.
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(ii) Nothing in
this subclause (f) is intended to affect or detract from any obligation or
responsibility upon a contract business or labour hire business arising under
the Occupational Health and Safety Act 2000 or the Workplace Injury
Management and Workers Compensation Act 1998.
Section VI Industrial Relations And The Union And Other
Provisions
43. Union Delegate
An employee appointed as Union delegate (or an employee
appointed as co-delegate to act in the absence of the delegate) in a yard or
depot shall upon notification thereof to the employer by the branch or
sub-branch Secretary of the union, be recognised as the accredited
representative of the union and shall be allowed the necessary time during
working hours to interview the employer or the employer’s representative on
matters affecting employees in the yard or depot.
A union delegate or in the delegate’s absence the
co-delegate may interview a member or members of the union who are shift
workers during their working hours, provided that as a result of such interview
the employer is not required to pay overtime to such delegate, co-delegate or
to the employees concerned.
Where the employer is satisfied that a delegate’s attendance
at an Industrial Relations Commission hearing will contribute to the proper
conduct of proceedings involving the employer and the union, the delegate will
be granted the necessary leave without loss of ordinary pay.
44. Notice Boards
The employers covered by this award shall supply a notice
board for the use of the Union, and permit the Union to display thereon any
notice dealing with legitimate union business provided that such notice is
authenticated by the signature of an accredited Union representative and the
employer concerned consents to the posting of that notice. Such consent shall not be withheld
unreasonably and such authorised notices shall not be removed unreasonably from
the notice board. The union shall
ensure that out-dated notices are not left on notice boards.
45. Award to be
Exhibited
A copy of this award and any variations thereto shall be
posted and kept posted in a prominent position in an accessible place in each
yard or depot.
46. Dispute and
Grievance Procedure
46.1 Industrial
Disputes:
In the event of a question, dispute or difficulty
arising at a branch:
46.1.1 The matter shall
first be raised with the Branch Supervisor and agreement sought.
46.1.2 If the dispute is
not resolved at this level, the matter may be discussed between the Union
delegate and the Branch Manager.
46.1.3 Should the dispute
remain unresolved, the matter may be referred to an official of the Union, who
shall discuss it with senior management.
46.1.4 In the event of no
agreement being reached at this stage, the dispute will be referred to the
Industrial Relations Commission of New South Wales.
46.1.5 Reasonable time
limits will be allowed for discussion at each level of authority.
46.1.6 While the
procedure is being followed, normal work will continue.
46.2 Individual
Grievances:
46.2.1 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.
46.2.2 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.
46.2.3 Reasonable time
limits must be allowed for discussion at each level of authority.
46.2.4 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.
46.2.5 While a procedure
is being followed, normal work must continue.
46.2.6 The employee may
be represented by the Union.
47. Enterprise
Flexibility Discussions
47.1 Pursuant to
Clause 51 Award Modernisation, the parties acknowledge that discussions at
enterprise level should continue and be based on the following:
47.1.1 Terminals and/or
Airport Managers to arrange meetings with employees:
If Award matters are to be discussed, the Union must be
invited to participate and should be given at least seven (7) days’ notice of
the meeting.
If non-Award matters are to be discussed, the
unavailability of union/employer organisations shall not prohibit discussions
continuing.
47.1.2 Employees should
be encouraged to list any matters they believe should be raised for discussion.
47.1.3 Formal discussions
with the employer and employees should commence.
47.1.4 The number of
enterprise flexibility discussion meetings shall not be limited. Should assistance be required by employees
in these discussions, the Union should be advised and invited to attend. If employers required assistance, they
should seek help from the appropriate employer organisation or agent.
47.1.5 Agreements:
Should agreement be reached on matters relating to the
Award, the following procedures should be followed:
47.1.5.1 Refer
such agreements to both the Union and the appropriate employer organisation, or
agent, for examination and, if necessary, refinement. Agreements may be referred back to the employer and employees for
further consideration, but the parties’ rights are preserved under 47.1.5.
47.1.5.2 The
parties agree that the agreements meet the Award Modernisation provisions of
the Award, then the matter shall be forwarded to the Commission for
ratification.
47.1.5.3 Such
agreements shall form schedules to the Award for the enterprise concerned and
that schedule shall override any award provisions to the extent of the
agreement.
47.1.5.4 After
ratification, the "new" Award provisions may be implemented in the
yard.
47.1.6 If there is no
agreement between the parties, the matter shall be determined by the
Commission, subject to the Award Modernisation clause.
47.2 Where an issue of
Union coverage arises, the resolution of this issue should be consistent with
NSW Labour Council Policy and the NSW Labour Council may be involved.
This does not preclude yard level agreements provided
they are consistent with the Award Modernisation provision and the guidelines
herein.
47.3 In conducting
enterprise flexibility discussions, the Award Modernisation provision enables
all Award and non-Award matters to be discussed.
However, if there is a requirement to vary the Award,
then the matter must be processed through the Award Modernisation provision.
If the matter does not require Award variation, then
the matter can be implemented locally and without delay.
47.4 The Transport
Workers’ Union believes that delegates should have the opportunity to attend
VETAB Courses.
However, attendance at a VETAB Course is not a
prerequisite for discussions occurring at a local level and should not
constitute an impediment to enterprise flexibility discussions continuing.
47.5 At any stage in
the development and/or conduct of enterprise discussions a party may call upon
the Industrial Relations Commission for assistance in progressing discussions.
48. Time and Wages
Record
48.1 Each employer
shall keep records at the yard or depot where the employee usually commences
work or in a place easily accessible to both the employer and the employee.
48.2 Such records
shall show the name of each employee, the time the employee starts and finishes
work each day, the number of hours worked by the employee and the wages and
overtime paid.
48.3 Such records
shall on demand be produced by the employer for inspection by any officials
(not more than three in number at the one time) of the union duly authorised in
writing by the President and Secretary of the local branch or sub-branch of the
union. The inspection shall be made at
the place where the records are kept and during the usual office hours of such
place, and the authorised union official shall be permitted to make a copy of
extracts from such time and wage records relevant to the complaint the official
is investigating.
48.4 An employer may
at its option provide a mechanical clock for the purpose of such record.
48.5 The employer and
the employee shall be severally responsible for the proper compilation of such
time record daily.
49. Right of Entry
See Part 7 of Chapter 5 of the Industrial Relations Act
1996. (NOTE: This provides that a duly
accredited representative of the union shall have the right to enter any work
place or premises for the purpose of interviewing employees and investigating
suspected breaches of awards or agreements or the Industrial Relations Act
1996 and in such investigations inspect time and pay sheets - so long as the
representative does not unduly interfere with the work being performed by any
employee during working time).
50. Commitment
50.1 The parties will
negotiate to ensure that as part of a service industry, companies operate as
flexibly as possible in order to meet customer demand.
50.2 Employees within
each grade are to perform a wider range of duties including work which is
incidental or peripheral to their main tasks or functions.
50.3. Subject to
agreement at enterprise level, employees are to undertake training for the
wider range of duties and for access to higher classifications.
50.4 The parties will
not create barriers to advancement of employees within the award structure or
through access to training.
51. Award
Modernisation
51.1 The parties are
committed to modernising the terms of the Award so that it provides for more
flexible working arrangements, improves the quality of working life, enhances
skills and job satisfaction and assists positively in the restructuring
process.
51.2 In conjunction
with testing the new award structure, the union is prepared to discuss all
matters raised by the employers for increased flexibility. As such any discussion with the union must
be premised on the understanding that:
51.2.1 The majority of
employees at each enterprise must genuinely agree.
51.2.2 No employee will
lose income as a result of the change.
51.2.3 The union must be
party to the agreement, in particular where enterprise level discussions are
considering matters requiring any award variation the union must be invited to
participate.
51.2.4 The union will not
unreasonably oppose any agreement.
51.2.5 Any agreement
shall be subject, where appropriate, to approval by the Industrial Relations
Commission and, if approved, shall operate as a Schedule to the Award and take
precedence over any inconsistency.
51.2.6 The disputes
procedure will apply if agreement cannot be reached in the implementation
process on a particular issue.
51.3 Should an
agreement be reached pursuant to 47.2 at a particular enterprise and that
agreement requires award variation, the parties will not oppose that award
variation for that particular provision for that particular enterprise.
51.4 The parties agree
that working parties will continue to meet with the aim of modernising the
Award.
Part B
MONETARY RATES
Wage Rates,
Allowances and Additional Payments
The actual wage to be paid to an adult employee of the
classification specified herein shall, except as otherwise required in this
award, be at the rate herein after assigned to that classification.
Rate per week for adult service with the same employer
including service with a previous employer whose business or part of the
business has been acquired or taken over by the employer (as defined).
The rates contained in Part B, Monetary Rates, Wage Rates,
Allowances and Additional Payments, the operative date shall take effect from the
beginning of the first full pay period to commence on or after 9 April 2008.
Classification
|
Rate of Pay
|
|
$
|
|
Operative
Date: 9 April 2008
|
(a) Aerodrome Servicing
|
|
(i) Aerodrome Attendant
|
657.20
|
(ii) Senior Aerodrome Attendant
|
|
Grade I - Sydney
|
698.90
|
Grade II - other airports or
where there are two Senior Aerodrome
|
678.10
|
Attendants on the same shift
|
|
(b) Delivery Vehicles (products)
|
|
Employee driving a motor
vehicle with a combined weight or
|
|
vehicle and maximum load of :
|
|
(i) Rigid Vehicle Utility
|
628.00
|
Under 10 tonnes
|
638.40
|
10 tonnes & <13 tonnes
|
641.60
|
13 tonnes & <19 tonnes
|
646.80
|
19 tonnes & <25 tonnes
|
652.00
|
Thereafter, for each
additional 6 tonnes or part thereof:
|
$7.85 per week
extra
|
(ii) Articulated Vehicle Under 10 tonnes
|
641.60
|
10 tonnes & <13 tonnes
|
646.80
|
13 tonnes & <19 tonnes
|
646.80
|
19 tonnes & <25 tonnes
|
657.20
|
25 tonnes & <31 tonnes
|
662.40
|
31 tonnes & <37 tonnes
|
672.80
|
37 tonnes & <43 tonnes
|
678.10
|
Thereafter, for each additional 6 tonnes or part thereof
|
$7.85 per week
extra
|
Where a trailer is drawn behind a vehicle described in (i)
or (ii) above, the combined weight of the trailer and vehicle and maximum load
shall be deemed to be the weight or the vehicle on which wages shall be
determined for all purposes of the award.
The rates in (i) and (ii) above include payments for
salesmen/drivers collecting money and, when required, carting packages, fuel
oil in drums or bulk, or carting, spreading and/or spraying bituminous products
on the street.
Classification
|
Rate of Pay
|
|
$
|
|
$
|
(c) Mobile Cranes and Fork Lifts Employee driving or operating a
|
|
mobile crane or fork lift with
a lifting capacity of:
|
|
Up to & incl. 5 tonnes
|
632.60
|
over 5 tonnes & <6
|
633.60
|
6 tonnes & <7 tonnes
|
635.00
|
7 tonnes & <8 tonnes
|
635.60
|
8 tonnes & <9 tonnes
|
635.80
|
9 tonnes & <10 tonnes
|
636.70
|
Thereafter for additional six
tonnes or part thereof -
|
$4.49 per week
extra
|
(d) Washer and Greaser
|
619.00
|
Additional Payments
In addition to the rates prescribed above, the following
additional payments shall apply to:
|
Amount
|
|
$
|
(a) an employee driving a vehicle (not being a tractor) and
|
2.08
|
drawing a trainer - per day
|
|
(b) an Aerodrome Attendant or Senior Aerodrome Attendant who
|
3.15
|
works in the vicinity of
porters loading and/or unloading cargo
|
|
into, or out of, the lockers
of Boeing 727 100 and or 200 series
|
|
aircraft - per shift
|
|
(c) an employee driving a vehicle carrying hot liquid bitumen or
|
6.82
|
hot tar - per week
|
|
(d) an employee required to operate alone a delivery vehicle fitted
|
1.96
|
with a reel and hose for the
purpose of discharging Hot Oil
|
|
through such hose into
customers tanks - for each day on which
|
|
he is principally engaged on
such work per day
|
|
This amount shall not be
payable on any day which the employee
|
|
concerned delivers exclusively
to service stations.
|
|
(e) an employee driving a vehicle carrying bulk liquid
|
7.96
|
petroleum gas- per week
|
|
(f) an employee driving a bituminous products spraying vehicle
|
7.96
|
and directing the work of a
bituminous products spray man per
|
|
week
|
|
(g) an employee carting sludge or garbage per week
|
7.96
|
(h) an employee picking up used oil - for any day on which he is
|
1.96
|
so employed per day
|
|
(i) a driver of a yard truck, tractor or fork lift, who is
instructed by
|
3.04
|
a superior officer to
supervise the work of two employees, whether
|
|
or not they are engaged under
this award. The amount shall be
|
|
payable for all purposes of
this award per day
|
|
(j) an Aerodrome Attendant who, on any day or shift, is required
|
|
to, and acts as, an Electronic
Pipeline Control Board Attendant
|
|
shall be paid in accordance
with the provisions of clause 26 -
|
|
Mixed Functions, of this award
|
|
(k) a Leading Hand, i.e., an employee who is in charge of:
|
|
(i) 3 to 10 employees - per week
|
26.00
|
(ii) 11 to 20 employees - per week
|
39.80
|
(iii) more than 20 employees - per week
|
49.88
|
J.
P. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.