Clothing Trades (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(Case No. 201465 of 2021)

 

 

REVIEWED AWARD

 

PART A

 

1.  Title

 

This award shall be known as the Clothing Trades (State) Award.

 

2.  Arrangement

 

PART A

 

Clause No.        Subject Matter

 

1.        Title

2.        Arrangement

3.        Locality

4.        Dispute Settlement Procedure

5.        Demarcation of Work

6.        Rates of Pay

7.        Absorption Commitment

8.        Skill Levels

9.        Apprentices or Improvers - Rates of Pay

10.      Apprenticeship and Improvership

11.      State Training Wage

12.      Aged, Infirm or Slow Workers

13.      Workers Eligible for a Supported Wage

14.      Hours of Employment

15.      Midday Meal Interval

16.      Overtime

17.      Meal Money

18.      Rest Period

19.      Mixed Functions

20.      Terms of Engagement

20A.    Deduction of Union Membership Fees

21.      Annual Leave

22.      Trade Union Training Leave

23.      Sick Leave

24.      Personal/Carer's Leave

25.      Payment by Results

26.      Casual Workers

26A.    Secure Employment

27.      Part-time Employees

28.      Holidays

29.      Payment for Work Done on Holidays

30.      Payment for Work Done on Sundays

31.      Contract Work

32.      Outworkers

33.      Registration of Employers

34.      Entry and Inspection by Officers of Industrial Organisations

35.      Time Book, Sheet or Records

36.      Seating Accommodation

37.      Amenities

38.      First-aid Ambulance Chest

39.      Award Posted

40.      Industrial Committee

41.      Shop Stewards and Representatives

42.      Uniforms

43.      Notice Boards

44.      Protective Clothing

45.      Tools of Trade

46.      Disability Allowance

47.      Bereavement Leave

48.      Accident Pay

49.      Jury Service

50.      Blood Donors

51.      Attendance at Hospital

52.      Parental Leave

53.      Introduction of Change

54.      Redundancy

55.      Superannuation

56.      Enterprise Bargaining

57.      Anti-Discrimination

58.      Area, Incidence and Duration

 

Pseudo Clauses:

 

59.      Appendix A - Form of Indenture of Apprenticeship

60.      Appendix B - Form of Declaration - Amenities

61.      Schedule A - Consultative Committees

62.      Schedule B - Request to the Union by the Outworker to Reduce the Number of Hours Worked Part-time

63.      Schedule C - Information to be Given to Outworkers

64.      Schedule D - Broadbanding Arrangements*

 

*Former transitional wages classification system to facilitate the introduction of skill levels in 1994. Retained for historical reference only.

 

65.      Schedule E - Procedure to be adopted in Developing an Enterprise Bargaining Agreement

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

3.  Locality

 

This award shall apply in the State of New South Wales.

 

4.  Dispute Settlement Procedure

 

Where a dispute arises, the following steps will be taken:

 

4.1      Step One - As soon as practicable after the issue or claim has arisen, it will be considered jointly by the appropriate supervisor, the worker or workers concerned and the Union delegate who will attempt to settle the dispute.

 

4.2      Step Two - If the dispute is not resolved, the issue or claim will be considered jointly by the appropriate senior management representative in conjunction with the Union delegate who will attempt to settle the dispute.

 

4.3      Step Three - If the dispute is not resolved, the issue or claim will be considered jointly by the employer and an official of the Union who will attempt to settle the dispute.

 

4.4      Step Four - If the dispute is not resolved, the dispute may then be notified to the Industrial Relations Commission of New South Wales.  The parties may request that the matter be dealt with in accordance with clause 40, Industrial Committee, or by a member of the Commission who will resolve the dispute by conciliation or arbitration.

 

5.  Demarcation of Work

 

5.1

 

5.1.1   In the manufacture of knitted piece goods and (excepting babywear) the making up there from of suits, coats, trousers, culottes, frocks, dresses, dressing gowns, tracksuits, slack suits, blouses, shorts, and/or like garments:

 

Where the knitting and making up are carried out by one employer in the same establishment, the knitting work will be subject to the Textile Industry (State) Award, and the work of making up to the Clothing Trades (State) Award.

 

5.1.2   In the manufacture of knitted piecegoods and the making up therefrom of all garments other than those specified in subclause 5.1.1:

 

Where the piecegoods are knitted by an employer and the making up is completed at the same or another establishment by that same employer, both the work of knitting of the piecegoods and making up will be subject to the Textile Industry (State) Award.

 

5.1.3   In the manufacture of knitted piecegoods and the making up of all garments:

 

Where piecegoods are knitted by one employer and garments are made up by another employer the knitting will be subject to the Textile Industry (State) Award and the work of making up will be subject to the Clothing Trades (State) Award.

 

5.2      Provided that in an establishment where the making up of knitted piecegoods constitutes such a minor amount of the employer's total operations so as to render the observance of subclause 5.1.1 unreasonable the employer may, on application to the Industrial Relations Commission of New South Wales, be exempt from the obligation to observe the provisions of the Clothing Trades (State) Award.

 

6.  Rates of Pay

 

6.1      Adult rates of pay will be as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

6.2      Where such an employee has been absent from duty in a week in circumstances entitling the employee’s employer to deduct payment for the time of non-attendance, the employee will be paid for the ordinary hours worked during such week at the rate of the said appropriate amount per week.

 

6.3      Calculations for overtime, payments by results rates, penalty rates, shift work and other payments under the award will be made at the rate prescribed by subclause 6.1 for the classification in which the employee is employed.

 

6.4      For the purpose of this clause, "overaward payment" is defined as the amount (whether it be termed "overaward payment", "attendance bonus", "payment by results bonus", "service increment", or any term whatsoever) which an employee would receive in excess of the award rate specified in subclause 6.1.

 

6.5      Examiner - An examiner is an employee required to examine for faults in the construction of any garment or part of a garment made or being made by other employees.

 

6.6      An employee who is the head of a table or bench of machines in charge of 4 or more employees must be paid an amount above their skill level rate of pay as follows;

 

6.6.1   if working in connection with order tailoring or order dress making, the amount set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

6.6.2   for all others, the amount set out in Item 2 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates.

 

7.  Absorption Commitment

 

7.1      The rates of pay in this Award include the adjustments payable under the State Wage Case 2010.  These adjustments may be offset against:

 

(i)       any equivalent over award payments, and/or

 

(ii)      award wage increase since 29 May 1991 other than Safety Net, State Wage Case, and minimum wage adjustments.

 

7.2      The rates in Tables 1 - Rates of Pay, and the rates in Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, will operate from the beginning of the first pay period to commence on or after 16 December 2010.

 

8.  Skill Levels

 

Trainee - Employees at this level:

 

Will be new entrants into the industry.

 

Will for a period of up to three months undergo approved (including induction) training so as to enable them to achieve the level of competence9 required to be classified at Skill Level 1.

 

Will work under the following conditions:

 

- Totally defined procedures and methods;

 

- Constant direct supervision;

 

- Constant direct training;

 

- Progressive assessment and feedback.

 

Training for new entrants will be determined in accordance with the needs of the enterprise, but will involve instruction aimed at assisting trainees to achieve the range of competencies required at Skill Level 1, including:

 

- The knowledge and skills required to apply relevant Work Health and Safety practices and procedures.

 

- The knowledge and skills required to apply specified quality control20 standards to their own work.

 

- The knowledge and skills required to apply specified operation practices and procedures and to meet efficiency requirements.

 

- The knowledge and skills required to apply minor equipment/machine maintenance17 relevant to the equipment involved in the performance of their own work.

 

Skill Level 1 - Employees at this level:

 

1.	Will work to defined procedures/methods 14 either individually or in a team environment; and
2.	Will exercise skills to perform basic tasks 1; and
3.	Will be aware of and apply basic quality control skills in the receipt and completion of their own work to the specified quality standards 23
	In addition, according to the needs and operational requirements of the enterprise, employees at this level
4.	May be required to exercise the skills necessary to assist in providing basic on-the-job instruction 18by way of demonstration and explanation;
5.	May be required to record basic information on production and/or quality indicators 22 as required;
6.	May be required to work in a team environment 24;
7.	May be required to apply minor equipment/machine maintenance;
8.	May be required to exercise key pad skills 11;
9.	May be required to exercise the level of English literacy and numeracy skills to effectively perform their tasks;
10.	May commence training in additional skills required to advance to a higher skill level.

 

Skill Level 2 - Employees at this level exercise the skills required to be graded at Skill Level 1; and

 

1.	Will work to defined procedures/methods, either individually or in a team environment; and
2.	Will exercise the skills to perform intermediate tasks 2; and
3.	Will understand and apply quality control skills in their own work and component parts 10 (including understanding of the likely cause(s) of deviations to specified quality standards in their own work).
	In addition, according to the needs and operational requirements of the enterprise, employees at this level:
4.	May be required to exercise the skill necessary to assist in providing on-the- job instruction to employees in skills required at Skill Level 2 and below by way of demonstration and explanation;
5.	May be required to record detailed information in production and/or quality indicators as required;
6.	May be required to exercise team work skills;
7.	May be required to identify and rectify minor equipment/machine faults, and report problems that cannot be rectified to a mechanic or supervisor;
8.	May be required to exercise basic computer skills 12;
9.	May commence training in additional skills required to advance to a higher skill level.

 

Skill Level 3 - Employees at this level exercise the skills required to be graded at Skill Level 2; and

 

1.	Will exercise discretion, initiative and judgement on the job in their own work, either
	individually or in a team environment; and
2.	Will exercise skills to:
	(a)       perform a complex task(s) 3 or
	(b)       perform a series of different operations on a machine(s) 4,5 or
	(c)       use a variety of machine types 6 three of which require the exercise of level 2 skills and
3.	(a)       Will be responsible for quality assurance19 in their own work and assembly of component parts including having an understanding of how this work relates to subsequent production processes and its contribution to the final appearance of the garment.
	In addition, according to the needs and operational requirements of the enterprise, employees at this level:
	(b)       May be required to investigate causes of quality deviations 21 to specified standards and recommend preventative action.
4.	May be required to exercise the skills necessary to assist in providing on-the-job instruction to employees in skills required at Skill Level 3 and below by way of demonstration and explanation.
5.	May be required to record detailed information on, and recommend improvements to, production and/or quality.
6.	May be required to take a co-ordinating role 13 for a group of workers or in a team environment (which includes contributing to the identification and resolution of the problems of others and assisting in defining work group procedures and methods), where the members of the group or team are at Skill Level 3 and below.
7.	May be required to exercise advanced equipment maintenance and problem solving skills (including identification of major equipment faults).
8.	May commence training in additional skills required to advance to a higher skill level.

 

Skill Level 4 - Employees at this level exercise the skills required to be graded at Skill Level 3 and have a comprehensive knowledge of product construction. Employees at this level will also:

 

* Apply skills and knowledge, equivalent to that of a qualified tradesperson, that have been acquired as a result of training or experience; or

 

* Hold a relevant trade certificate; and

 

1.	Will work largely independently 15 (including developing and carrying out of a work plan to specifications), and
2.	Will exercise a range of skills involving planning, investigation and resolution of problems, and/or training and/or supervision, and/or specialised technical tasks, or shall make a whole
	garment to specifications, or exercise equivalent skills 7. In addition, according to the needs and operational requirements of the enterprise, employees at this level:
3.	May be required to apply quality control/assurance techniques to their work group or team.
4.	May have designated responsibility16 for the training of other employees (and if so shall be trained trainers).
5.	May be responsible for quality and production records relating to their own work group or team.
6.	May be required to take a co-ordinating role for a group of workers or in a team environment (which includes contributing to the identification and resolution of the problems of others and assisting in defining work group procedures and methods), where the members of the group or team are at Skill Level 4 and below.
7.	May be required to exercise advanced equipment maintenance and problem solving skills (including identification of major equipment faults and organisation or performance of necessary repair).
8.	May commence training in additional skills required to advance to a higher skill level.

 

Explanation of Terms -

 

1.	Basic Tasks - Uncomplicated tasks which are easily learned and involve little decision making whether machine or non- machine. Basic machine tasks are those where the positioning of the work may be controlled by guidebars and sensor lights, or other such guiding devices or where there is uncomplicated feeding of the fabric.
2.	Intermediate Tasks - Tasks which are more difficult to learn, involve more decision making than Skill Level 1 tasks and which may require fabric knowledge, whether machine or non-machine. Intermediate machine tasks require skill in positioning, feeding and handling of work involving directional changes, contouring or critical stopping points, or require feeding and handling skills beyond those of a Skill Level 1 operator because of fabric variation. Intermediate non-machine tasks require skills to perform a sequence of related tasks.
3.	Complex Tasks - Tasks which are more difficult to learn and involve a higher level of decision making than Skill Level 2 tasks, whether machine or non-machine. Complex machine tasks require fabric manipulation skills and knowledge beyond those of a Skill Level 2 operator to perform more difficult tasks or to handle and align the sections while ensuring correct shaping of the end result because of the complexity of combining parts or because of frequent variation in fabrics.
4.	Series of different operations on a machine(s) - Performing a sequence of different operations on a machine(s) to complete the majority of a complex garment.
5.	Machine - Any piece of equipment which performs a significant part of an operation in: designing/grading of patterns; marker spreading; spreading of fabric; cutting, sewing, finishing, pressing and packaging of products, and which is powered by an external source, i.e., electricity, steam or compressed air or combinations of these. Hand tools are not machines and refer to those items which are primarily powered by the operator, e.g., scissors, shears, staplers, tagging guns and tape dispensers.
6.	Variety of machine types - Three or more different types of machines which are sufficiently different in their operation to require the exercise of different skills (i.e., a button holer and a button sewer are the same machine type for this purpose, whereas a button holer and an overlocker are different machine types).
7.	Whole garment machinist or equivalent skills - A machinist who works largely independently in producing a complex garment from written specifications and patterns. Examples of "equivalent skills" include:
	sample machinist;
	a machinist who performs each of the operations required to complete a complex whole garment from specifications;
	a fully multi-skilled machinist who is required to perform any of the operations involved in the making of a complex whole garment to specification.
8.	Skill - The application of a combination of abilities, knowledge and attributes to competently perform a given activity or activities.
9.	Competence - The ability to perform a particular activity or activities to a prescribed standard (or standards) and under a prescribed set of circumstances.
10.	Component parts - The parts of the product which the operator receives in order to perform the operator’s job.
11.	Key pad skills - Ability to use a small panel of keys, either numerical or with symbols, to operate equipment.
12.	Basic computer skills - Use of a computer to enter, retrieve and interpret data.
13.	Co-ordinating role - A role which involves responsibility for organising and bringing together the work and resource requirements of a work group or team.
14.	Defined procedures/methods - Specific instructions outlining how an operator is to do the operator’s job.
15.	Largely independently - Where the employee is accountable for the employee’s own results including:
	carrying out assigned task;
	co-ordinating processes;
	setting and working to deadlines.
16.	Designated responsibility - Identified by management as a person with a specific role or responsibility.
17.	Minor equipment/machine maintenance - Includes cleaning and minor adjustments to the equipment involved. In the case of sewing machines, for example, it may include:
	changing needles;
	cleaning;
	lubrication;
	tension and stitch adjustment.
18.	On-the-job instruction - Demonstrating, showing, explaining and/or guiding other employees as to how to perform a particular task or operation to a competent standard.
19.	Quality assurance - The overall system and plans used to provide confidence that goods and services will satisfy given requirements.
20.	Quality control - The activities used to check that materials and products meet quality specification; includes the grading of product into acceptable and unacceptable categories.
21.	Quality deviations - Departures from a quality standard.
22.	Quality indicators - Information used to determine whether a quality standard has been met.
23.	Specified quality standards - Detailed standards against which quality is measured.
24.	Team environment - An environment involving work arrangements in which a group of people work closely, flexibly and in co-operation with each other to ensure efficient and effective performance.

 

9.  Apprentices or Improvers - Rates of Pay

 

The minimum weekly rates of wages to be paid to apprentices or improvers will be as follows:

 

9.1      Apprentices - All groups in the industry -

 

	Percentage of Skill
	Level 4
1st year -
1st six months	50
2nd six months	55
2nd year -
1st six months	60
2nd six months	65
3rd year -
1st six months	70
2nd six months	75
4th year -
1st six months	80
2nd six months	85
Thereafter - the appropriate adult rate.

 

9.2      Improvers - All groups in the industry -

 

	Percentage of Skill
	Level 2
16 years and under	50
16.5 years	55
17 years	60
17.5 years	65
18 years	69
18.5 years	72
19 years	75
19.5 years	80
20 years	85

 

The percentage wages set out in subclauses 9.1 and 9.2 will be calculated in multiples of 5 cents, amounts of 2 cents or less being taken to the lower multiple and amounts in excess of 2 cents being taken to the higher multiple.  Provided that any improver:

 

9.2.1   with at least three years' and not more than four years' experience in the clothing trades industry will be paid not less than the percentage of the appropriate rate for a 20 year old improver;

 

9.2.2   after four years' experience in the clothing trades industry will be paid the appropriate rate for an adult employee respectively in the classification in which the employee is employed;

 

9.2.3   having attained 20 years of age and who has had more than two years' experience in the clothing trades industry will be paid the appropriate adult rate.

 

9.3      Time served by an apprentice or improver in the clothing trades industry or similar experience in the textile industry or in any full-time government sponsored training course which is approved by the appropriate State Industry Training Committee will be counted as experience for the purpose of apprenticeship or improvership, both as regards wages and the terms to be served in respect of the continuation of the employment of such apprentice or improver. Provided that such person having attained the age of 21 years will, unless that person is the holder of a permit granted pursuant to clause 12, Aged, Infirm or Slow Workers, be paid the wage herein prescribed for an adult employee.

 

9.4      Limitation - only employees of skill level 3 or greater will work on a Hoffman type manually operated press.

 

10.  Apprenticeship and Improvership

 

10.1    Apprenticeship

 

10.1.1 Subject to subclause 10.2 an employer will not employ improvers in the following classifications of this award otherwise than under an indenture of apprenticeship as hereinafter provided:

 

Group A - Order Tailoring for Males - Adult Classification -

 

Cutter marking in and/or cutting out

 

Tailor or tailoress (as defined)

 

Group B - Order Tailoring for Females - Adult Classification -

 

Cutter marking in and/or cutting out

 

Tailor or tailoress (as defined)

 

10.1.2             Employees other than those referred to in subclause 10.1.1 may be apprenticed, and if engaged as apprentices will be engaged under an indenture of apprenticeship.

 

10.1.3             Apprentices shall be indentured in accordance with Appendix "A" (Form of Indenture of Apprenticeship) and the said indenture will be subject to any variation hereof.  A copy of the indenture will be lodged by the employer with the Industrial Registrar.

 

10.1.4             It will be the duty of the employer to see that the form of indenture of any apprentice is duly completed and to deliver to the apprentice a complete original copy within seven days of it being signed by the parties.

 

10.1.5             The proportion of apprentices who may be taken on by an employer will be one to each employee of the classification referred to in subclause 10.1.1 receiving the adult rate.

 

10.1.6             The term of an apprenticeship will be four years.

 

10.1.7             Juniors may be taken on probation for three months and, if apprenticed, such time will count as part of the term of apprenticeship.

 

10.1.8             An apprentice who cannot complete the full term of apprenticeship before reaching their twenty-second birthday may, by agreement with the employer, serve as an apprentice until the apprentice reaches the age of 23 years.

 

10.1.9             An indenture of apprenticeship may be assigned, suspended or cancelled:

 

(i)       by mutual consent of the parties after seven days' notice by either party; or

 

(ii)      by the employer (subject to the approval of the Industrial Committee) if through lack of orders or financial difficulties:

 

(1)       the employer is unable to find suitable employment for the employer’s apprentice; or

 

(2)       the employer is desirous of transferring the apprentice to another employer but such transfer cannot be arranged; or

 

(iii)     by the Industrial Committee.

 

10.1.10           Where existing indentures are inconsistent with indentures herein prescribed the existing indenture be deemed to be amended accordingly.

 

10.1.11           Attendance at Technical Schools - Apprentices attending technical colleges or schools and presenting reports of satisfactory conduct will be reimbursed all fees paid by them.

 

10.1.12           Operation of State Laws - In New South Wales any statute relating to apprentices or any authority with statutory power which has issued or may issue any regulations relating to apprentices, including any provisions relating to proficiency payments, will operate provided that the provisions thereof are not inconsistent with this award.

 

The provisions of any statute, award or regulation relative to the attendance of apprentices at technical schools during ordinary working hours or to disciplinary powers of apprenticeship authorities over apprentices and employer will not be deemed to be inconsistent with this award.

 

10.2    Improvership - Subject to paragraph 10.1.1 improvers may be employed by an employer in any section of the industry. The proportion of improvers who may be employed by an employer will be: two to each employee within that classification receiving the adult rate.

 

10.3    Calculation of Proportion - In calculating the proportion of the number of employees receiving the adult rate working proprietors will be included. Each classification will be considered separately and a proprietor will be counted in only one classification.

 

11.  State Training Wage

 

The parties to this award will observe the terms of the Training Wage (State) Award 2002, as amended.  Each breach of the Training Wage (State) Award 2002 is a distinct and separate breach of this clause.

 

12.  Aged, Infirm or Slow Workers

 

12.1    Any person who by reason of age, inability or infirmity is not capable of performing all the duties ordinarily required of the person’s position may be employed at a rate less than the rate fixed in this award with the consent in writing of the Secretary of the Union or the Industrial Registrar or Deputy Industrial Registrar. The consent must state the name of the person to be employed, the nature of the proposed employment, the name of the employer, the wages to be paid and the grounds upon which the consent is given.  Each consent shall relate to one employee only and will state a term of not longer than six months.

 

12.2    When the Industrial Registrar or Deputy Industrial Registrar has issued a permit, the Industrial Registrar or Deputy Industrial Registrar (as the case may be) will notify the Secretary of the Union.

 

13.  Workers Eligible for a Supported Wage

 

13.1    This clause defines the conditions which will apply to employees who, because of the effects of a disability, are eligible for a supported wage under the terms of this award.  In the context of this clause, the following definitions will apply:

 

13.1.1 "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in "Supported Wage System: Guidelines and Assessment Process".

 

13.1.2 "Accredited assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's production capacity within the Supported Wage System.

 

13.1.3 "Disability support pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

 

13.1.4"Assessment instrument" means the forms provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

 

13.2    Eligibility Criteria - Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.  This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provisions of this award relating to the rehabilitation of employees who are injured in the course of their current employment.

 

This award does not apply to employers in respect of their facility, program, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under section 10 or section 12(A) of the Disability Services Act 1986 or, if a part only has received recognition, that part.

 

13.3    Supported Wage Rates - Employees to whom this clause applies will be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing, according to the following schedule:

 

Percentage Assessed Capacity	Percentage of Prescribed Award Rate
(subclause 13.4)
*10	10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

 

(Provided that the minimum amount payable shall not be less than $89 per week.)

 

*Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.

 

13.4    Assessment of Capacity - For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

 

13.4.1 the employer and the Union in conjunction with the employee or, if desired by any of these:

 

13.4.2 the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.

 

13.5    Lodgement of Assessment Instrument

 

13.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, will be lodged by the employer with the Registrar of the Industrial Relations Commission of New South Wales.

 

13.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment; provided that, where the Union is not a party to the assessment, it will be referred by the said Registrar to the Union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

 

13.6    Review of Assessment - The assessment of the applicable percentage should be subject to annual review, or earlier on the basis of a reasonable request for such a review.  The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

 

13.7    Other Terms and Conditions of Employment - Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.

 

13.8    Workplace Adjustment - An employer wishing to employ a person under the provisions of this clause will take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation, in consultation with other workers in the area.

 

13.9    Trial Period -

 

13.9.1 In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

 

13.9.2 During the trial period, the assessment of capacity will be undertaken and the proposed wage rate for a continuing employment relationship will be determined.

 

13.9.3 The minimum amount payable to the employee during the trial period will be no less than $89per week.

 

13.9.4 Work trials should include induction or training as appropriate to the job being trialled.

 

13.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under subclause 13.4.

 

13.10  Provided that any person currently employed under the provisions of clause 12, Aged, Infirm or Slow Workers, at a rate fixed with the consent of the Secretary of the Union or of the Industrial Committee should continue to be paid at that rate as if the insertion of this clause had not been made.

 

14.  Hours of Employment

 

14.1

 

14.1.1 Subject to any clause of this award which prescribes otherwise, all employees other than casual employees and part-time employees will be engaged by the week. Except where an arrangement has been made in accordance with 14.1.2, 38 hours shall constitute a week's work to be worked within five days, Monday to Friday, inclusive, and within the following hours: time of beginning 6.00 a.m. time of ending 6.00 p.m. No employee will be rostered for duty for longer than eight hours without payment of overtime unless an arrangement has been made in accordance with the last proviso to this subclause.  Provided further that any other starting and finishing times, other than those herein prescribed, and the number of hours in excess of eight on any day which may be worked without the payment of overtime, may be agreed upon by the employer and at least 75 per cent of the employees concerned and assented to by the Union in writing or as approved by the Industrial Committee.

 

14.1.2 Subject to the daily limitations prescribed in paragraph 14.1.1, where the employer and a majority of employees agree, the hours of work may be arranged by any one of the following methods:

 

(i)       By working shorter hours on one or more days of each week.

 

(ii)      Fix a day on which all employees will be off during a particular work cycle.

 

(iii)     Roster employees off on various days of the week during a particular work cycle.

 

(iv)     Where employees are entitled to a rostered day or days off in accordance with paragraphs 14.1.2(ii) or 14.1.2(iii), the employer will notify such employees at least four weeks in advance of the weekday the employee is to take off. Where an employee has not accumulated a full day's entitlement when a rostered day off occurs, such employee will for that day receive payment for the actual time accrued.

 

(v)       Where the employer and the employees agree, rostered days off may accumulate to a maximum of seven days which will be taken in one or two continuous periods within one month of such accrual.

 

Notwithstanding this, accumulated rostered days off may be taken in more than two continuous periods by agreement in writing from the Secretary of the Union.

 

(vi)     Where an arrangement is made in accordance with this clause, starting and finishing times and the daily and weekly hours so determined will constitute the ordinary working hours and work performed outside or in excess of such times and hours will constitute overtime for the purpose of this award.

 

(vii)

 

(1)       An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with an arrangement pursuant to paragraph 14.1.2 for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

 

(2)       An individual employee, with the agreement of the employer, may substitute the day they are to take off for another day.

 

(viii)   Where an employer wishes to arrange working hours by fixing a day on which all employees will be off during a particular work cycle the employer shall approach the Secretary of the Union to seek the agreement of the Union. The Secretary will not unnecessarily withhold such agreement.

14.2    Except in the case of an emergency, the employer will give one week's notice of any alteration to the starting and ceasing times of ordinary work.

 

14.3    The ordinary working hours will be prominently displayed in each workshop or factory.

 

14.4    Shift Work - Permanent Press Plant - Employees working as hot head press operators and curing oven attendants directly connected with the operation of permanent press plant may be employed on afternoon shifts, subject to the following conditions:

 

14.4.1 An afternoon shift shall only be introduced by an employer subject to the matter being referred to the Industrial Relations Commission of New South Wales and approval obtained.

 

14.4.2 "Afternoon shift" will mean a shift finishing after 6.00 p.m. but not later than midnight.

 

14.4.3 An employee when working on such afternoon shift will be paid as follows:

 

(i)       when on time work, at the employee’s ordinary rate plus 15 per cent;

 

(ii)      when under any system of payment by results, the employee’s earnings under such system plus an additional amount of 15 per cent.

 

14.4.4 Any time worked by a shift worker in excess of eight hours in any one day or 38 hours in any one week, will be paid for at the penalty rates prescribed in clause 16, Overtime.

 

14.4.5 Twenty minutes will be allowed to afternoon shift workers each shift for crib which will be counted as time worked and which will be arranged at a convenient time as near as practicable to the middle of the shift.

 

14.4.6 Shift workers will not receive the shift penalty prescribed in 14.4.3 in respect of payment for sick leave, public holidays or annual leave.

 

14.5

 

14.5.1 Shift Work - Adult employees employed by the employer(s) listed in paragraph 14.5.2 may be employed on a weekly afternoon shift basis, subject to the following conditions which have been agreed between the Union and the aforesaid employer(s):

 

(i)       For the purpose of this subclause, "afternoon shift" will mean a shift finishing after 5.00 p.m. but not later than 11.00 p.m.

 

(ii)      Part-time employees may be employed to work on afternoon shift for a lesser number of hours per week than 38.

 

(iii)     Part-time employees employed under subparagraph 14.5.1(ii) will be employed subject to the terms and conditions of clause 27, Part-time Employees.

 

(iv)     An employee when working afternoon shift will, in addition to the employee’s ordinary rate, be paid in respect of each hour an amount equivalent to 22.5 per cent of the rate applicable to the work performed.

 

(v)       Any time worked by a shift worker in excess of 7.6 hours in any one day or 38 hours in any one week will be paid for at the penalty rates prescribed in clause 16, Overtime, provided that the number of hours worked on any day may exceed 7.6 hours without the payment of overtime if such hours are worked in accordance with a program of working hours agreed upon by the employer and the employees concerned and assented to by the Union in writing.

 

(vi)

 

(1)       For a shift of greater than five hours' duration, twenty minutes will be allowed to employees on an afternoon shift for a break, which will be counted as time worked, and which will be arranged at a convenient time as near as practicable to the middle of the shift.

 

(2)       For a shift of five hours or less duration, fifteen minutes will be allowed to employees on an afternoon shift for a break, which will be counted as time worked, and which will be arranged at a convenient time as near as practicable to the middle of the shift.

 

(vii)

 

(1)       In the case of absenteeism or other emergency situation, an employee who is not usually engaged on an afternoon shift basis, and who is required to work shift work on a temporary basis, will, in addition to the employee’s ordinary rate of pay, be paid one thirty-eighth of the rate prescribed in subclause 14.5.1(iv), for each hour worked on afternoon shift. Provided any time worked on any afternoon shift on that day by an employee who had already completed a shift on that day will be paid for at the overtime penalty rates prescribed by the said clause 16 of this award.

 

(2)       An employee being recalled to work overtime in accordance with subparagraph 14.5.1(vii)(1) after leaving the employer's business premises will be paid a minimum of four hours' work at the appropriate overtime rate for each time the employee is so recalled.

 

(3)       When an employee working overtime on a shift in accordance with subparagraph 14.5.1(vii)(1) or 14.5.1(vii)(2) for which the employee has not been regularly rostered, finishes work at a time when the employee’s usual or other reasonable means of transport are not available, the employer will provide the employee with conveyance to the employee’s home or pay the employee’s ordinary wages for the time reasonably occupied in reaching the employee’s home.

 

(viii)   In relation to the matter of transfers between afternoon shift and ordinary working hours, the employer will give preference to all employees who have notified in writing to the employer their desire for such transfer.

 

Provided that the employer will be excused from the obligation to give preference in accordance with this paragraph in the case of any particular vacant situation where the employer has reasonable grounds to believe (and does believe) that the employee(s) desirous of transfer are unsuitable for performing the duties of that vacant position.

 

14.5.2 Employers the subject of this subclause are listed below:

 

(NOTE: None listed as at date of gazettal.)

 

14.5.3 Procedure to be followed by employers who wish to be covered by this clause is as follows:

 

(i)       An employer who wishes to employ employees on a weekly afternoon basis will write to the Secretary of the Union seeking the agreement of the Union.

 

The Secretary of the Union will deal expeditiously with the request for shiftwork and if agreement is reached will confirm that agreement in writing to the employer.

 

15.  Midday Meal Interval

 

15.1    An interval of not more than one hour and not less than 30 minutes will be allowed for the midday meal.

 

15.2    The meal interval will be observed between the hours of 11.30 a.m. and 2.00 p.m.

 

15.3    An employer will be in breach of the award if they allow an employee to perform any work during that employee's meal time.

 

16.  Overtime

 

16.1    All time worked by a weekly employee, including a part-time employee, in excess of the employee’s normal number of daily hours or outside the daily limits prescribed in clause 14, Hours of Employment, will be paid for at the rate of time and a half for the first three hours and double time thereafter. Each day will stand alone for the purpose of calculating overtime and any overtime worked on any day of the week will be paid for on a daily basis.

 

16.2    An employee paid under any system of payment by results, when working overtime, will be paid, in addition to the ordinary earnings paid under such system for work done in excess time, such sum per hour as is equivalent to the award rate divided by 76. Provided that, for work in excess of three hours' overtime on any day, the employee will be paid, in addition to ordinary earnings, such sum per hour as equivalent to the award rate divided by 38.

 

16.3    Requirement to work reasonable overtime

 

16.3.1 Subject to paragraph 16.3.2 an employer may require an employee to work reasonable overtime at overtime rates.

 

16.3.2 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

16.3.3 For the purposes of paragraph 16.3.2 what is unreasonable or otherwise will be determined having regard to:

 

(a)       Any risk to employee health and safety;

 

(b)       The employee’s personal circumstances including any family and carer responsibilities;

 

(c)       The needs of the workplace or enterprise;

 

(d)       The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it;

 

(e)       Any other relevant matter.

 

16.3.4 The Union will not in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with this subclause.

 

16.4    No employee under the age of 16 years will be employed on overtime beyond 6.00 p.m.

 

16.5    An employee required to work for longer than one and a half hours after the usual ceasing time will be allowed at least 30 minutes for a meal break. Provided that this provision will not apply to employees on any day where there is an early ceasing time, unless a total of five and a half hours or more, inclusive of overtime, is to be worked following the midday meal break.

 

16.6    An employee, other than an employee subject to subclause 16.5, who is required to work overtime for more than one hour beyond the ordinary ceasing time on any day, other than on a working day of less than eight ordinary hours, will be entitled to a rest period of ten minutes paid for at the appropriate rate.

 

17.  Meal Money

 

17.1    Subject to subclause 17.3, an employee required to work overtime for more than one hour after the employee’s usual ceasing time or beyond 6.00 p.m. (whichever is the later) on any day, Monday to Friday inclusive, will either be supplied with an adequate recognised evening meal by the employer from an established canteen on the premises or paid as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in lieu thereof.

 

17.2    If the notice is given and overtime is not worked (except as a result of a breakdown in machinery or plant) the tea money prescribed herein will be paid.

 

17.3    An employee who works under an arrangement set in accordance with paragraph 14.1.2 which provides for that employee to cease ordinary hours of work early on a Friday, will not be entitled to receive a meal allowance or be supplied with an adequate meal pursuant to this clause in respect of any period of overtime in excess of one hour carried out on that Friday where such overtime is completed before 6.00 p.m. on that day.

 

18.  Rest Period

 

18.1    Employees will be entitled to two daily rest periods, each of ten minutes, without loss of pay.

 

18.2    These rest periods must be taken between the hours of 9.30 a.m. and 11.00 a.m., and 2.30 p.m. and 4.00 p.m., at the discretion of the employer.

 

18.3    In the circumstances where a rest period would otherwise occur after the cessation of an employee's daily work, such rest period will occur prior to the cessation of work.

 

18.4    During such rest periods, employees may leave their work stations but may not leave the premises.

 

19.  Mixed Functions

 

19.1    The following conditions will apply to an employee engaged on time work and employed for various periods on duties carrying a higher rate than the employee’s ordinary classification:

 

19.1.1 For two hours or less of one day, payment will be at the higher rate for the time so worked.

 

19.1.2 For more than two hours of one day, payment will be at the higher rate for such day.

 

19.1.3 For more than two days of a week, payment will be at the higher rate for the full week.

 

19.2    Where an employee engaged on time work is employed on higher tasks than the employee is normally employed, the employer will keep an accurate record of the time worked by such an employee on each class of work.  In the absence of an accurate record, the employee will be entitled to the higher rate of pay for the whole of the week.

 

20.  Terms of Engagement

 

20.1    Method of Engagement - Subject to the provisions of this award, employees may be engaged either on a weekly (including part-time) or a casual basis.

 

20.2    Termination of Employment -

 

20.2.1 Notice of termination by employer -

 

(i)

 

(1)       In order to terminate the employment of an employee, the employer will give to the employee the following notice (except where the employment is terminated in accordance with subparagraph 20.2.1(i)(2)):

 

Period of Continuous Service	Period of Notice
1 year or less	1 week
Over 1 year and up to the completion of 3 years	2 weeks
Over 3 years and up to the completion of 5 years	3 weeks
Over 5 years	4 weeks

 

(2)       Where an employer terminates the employment of an employee for reasons arising from "technology" in accordance with paragraph 53.1.1, and that employer employs more than 15 employees immediately prior to the termination of employment, the employer will give to the employee three months' notice of termination. (This period of notice to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.)

 

(ii)      In addition to the notice in subclause 20.2.1(i), employees over 45 years of age at the time of the giving of the notice, with not less than two years' continuous service, will be entitled to an additional week's notice (except where the employment is terminated in accordance with subparagraph 20.2.1(i)(2)).

 

(iii)     Payment in lieu of the notice prescribed in subparagraphs 20.2.1(i) and/or 20.2.1(ii), will be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(iv)     In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice, had the employee’s employment not been terminated, will be used.

 

(v)       The period of notice in this clause will not apply in the case of dismissal for conduct that justifies instant dismissal, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.

 

(vi)     For the purpose of this clause notice given not later than 10.00 a.m. on any day will be regarded as a full day's notice, otherwise a further day's notice is required.

 

(vii)    For the purposes of this clause, continuity of service will be calculated in the manner prescribed by 21.4, Calculation of Continuous Service, of clause 21, Annual Leave.

 

(viii)   When employment is terminated by an employer, the employer will, upon the date of such termination, pay to the employee (weekly or piece worker) all monies due to him or her. When employment is terminated by an employee in accordance with the terms of this award the employer will, upon the date of termination, pay the employee (weekly or piece worker) all monies due to him or her. Monies due will include a payment in lieu for any time which may have accrued in accordance with an arrangement pursuant to 14.1.2, Hours of Employment.

 

(ix)     An employee will not be given notice or dismissed, except for misconduct, whilst legitimately absent from duty on accrued sick leave or on annual leave, and the days on which an employee is absent from duty on account of such sick leave or annual leave will not be counted as within a working week's notice for the purpose of this award, unless, in the case of sick leave, an employee had been given notice prior to the employer being informed that paid sick leave was to be taken. Alternatively, an employee will not be entitled to give an employer notice while absent on account of paid sick leave and paid annual leave.

 

(1)       Notice of Termination by Employee - The notice of termination required to be given by an employee will be the same as that required of an employer, save and except that there will be no additional notice based on the age of the employee concerned. If an employee fails to give notice the employer will have the right to withhold the monies due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice. Provided that where an employee, employer and the Union agree, the employee may be released prior to the expiry of the notice period, with payment of wages to the date of termination only.

 

(2)       Time Off During Notice Period - Where an employer has given notice of termination to an employee, the employee will be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off will be taken at times that are convenient to the employee after consultation with the employer.

 

(3)       Statement of Employment - The employer will, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

 

(4)       Summary Dismissal - The provisions of this clause will not affect the right of an employer to dismiss any employee without notice for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty. Where an employee is so dismissed payment will be made from time actually worked to the time of dismissal.

 

(5)       Unfair Dismissals - Termination of employment by an employer will not be harsh, unjust or unreasonable.

 

For the purposes of this clause, termination of employment will include terminations with or without notice.

 

Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the ground of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin will constitute a harsh, unjust or unreasonable termination of employment.

 

(6)       Transmission of Business -

 

(A)      Where a business is, before or after the date of this award, transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called "the transmittee"), and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

 

(1)      the continuity of the employment of the employee will be deemed not to have been broken by reason of such transmission; and

 

(2)      the period of employment which the employee has had with the transmittor or any prior transmittor will be deemed to be service of the employee with the transmittee.

 

(B)      In this subclause "business" includes trade, process, business or occupation and includes part of any such business, and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

 

20.3    Other Terms of Employment -

 

20.3.1 In the event of the work of the factory or section of the factory or workshop being stopped by a breakdown of machinery or for any cause for which the employer cannot reasonably be held responsible other than on account of lack of orders and/or a shortage of material, all weekly employees who present themselves for work will be found work for that day or paid one day's wages in lieu thereof.  However, an employer may, when such causes occur, give notice to an employee that their services will not be required on the following day or days, and the employee will not be entitled to any further payment in respect of any further days that they are out of employment by reason of such causes.

 

Provided that, for any day upon which an employee cannot be usefully employed because of any strike or lockout by any persons whatsoever, or any failure or lack of power arising away from the premises of the employer, or any restriction or shortage of power for which an employer cannot justly be held responsible, all weekly employees who are required to attend for work and do so attend on that day will be paid a minimum of two hours' pay at ordinary rates. If required to perform work or remain at work for longer than two hours, payment will be made at ordinary rates for all time standing by and time worked.

 

20.3.2 During the first two weeks of employment, the services of an employee may be terminated by the giving of one hour's notice by either the employer or the employee, or by the payment or forfeiture of one hour's pay in lieu of notice. Provided that, after the first day and during the balance of the first two weeks of an employment, where on any day the employer terminates the services of an employee other than for malingering, neglect of duty or misconduct, the employer will be required to pay the employee not less than a day's pay for that day.

 

20.3.3 No employee will, without just cause, be absent from their employment during the prescribed hours whilst there is work ready to be done by them, and the employee must be available, ready and willing to work on the days and during the hours fixed by this award.

 

20.3.4 An employee not attending for duty will, except as provided in clause 23, Sick Leave, lose their pay for the actual time of such non attendance.

 

20.3.5 Where at least 90 per cent of the employees in a factory, workshop or section reach agreement with an employer, and with the assent of the Union, to take a period of leave of absence without pay on the working day before or after a public holiday, the employer will be entitled to stand down without pay for that day the remaining employees in such factory, workshop or section.

 

20.3.6 Payment of Wages - Subject to 32.2.5, Outworkers, which sets out the requirements for the payment of wages to outworkers, employees will be paid in full all wages due to them during the ordinary working hours not later than two working days following the termination of the working week. Provided, however, that where at least 50 per cent of the employees in a factory, workshop or section agree, and with the consent in writing of the Secretary of the Union, payment in full of all wages due may be made in the form of a cash transfer to the employee's nominated account. Such transfer will occur not later than during the forenoon of the second working day following the termination of the working week. Provided that where there are circumstances of genuine hardship caused by this method of payment the employer will pay the wages due to the particular employee in cash.

 

Where an arrangement is made on the basis that ordinary working hours shall average 38 per week over a particular work cycle, wages may be paid on the basis of 38 ordinary hours worked in each week even though in some weeks during that cycle, the ordinary working hours may be more or less than 38 hours.

 

On or prior to pay day the employer will state in writing to each employee details of the payment to which the employee is entitled, the amount of each deduction made there from and the net amount being paid to the employee.

 

20A.  Deduction of Union Membership Fees

 

20A.1  The employer will deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that

 

20A.1.1          the employee has authorised the employer to make such deductions in accordance with subclause 20A.2 herein;

 

20A.1.2          the Union will advise the employer of the amount to be deducted for each pay period applying at the employer's workplace and any changes to that amount;

 

20A.1.3          deduction of union membership fees will only occur in each pay period in which payment has or is to be made to an employee; and

 

20A.1.4          there will be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).

 

20A.2  The employee's authorisation will be in writing and will authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union's rules) that the Union advises the employer to deduct.  Where the employee passes any such written authorisation to the Union, the Union will not pass the written authorisation on to the employer without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.

 

20A.3  Monies so deducted from employees' pay will be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:

 

20.A.3.1         where the employer has elected to remit on a weekly or fortnightly basis, the employer will be entitled to retain up to five per cent of the monies deducted; and

 

20.A.3.2         where the employer has elected to remit on a monthly or quarterly basis, the employer will be entitled to retain up to 2.5 per cent of the monies deducted.

 

20A.4  Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

20A.5  The Union will advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice will be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly or monthly as the case may be. The Union will give the employer a minimum of two months' notice of any such change.

 

20A.6  An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

20A.7  Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union will inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

 

21.  Annual Leave

 

21.1    Period of Leave - A period of 28 consecutive days' leave will be allowed annually to an employee, other than a casual or part-time employee, after 12 months continuous service (less the period of annual leave).

 

21.2    Annual Leave Exclusive of Public Holidays - The annual leave prescribed by this clause will be exclusive of any of the holidays prescribed by clause 28, Holidays.  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, an amount equivalent to the ordinary time which the employee would have worked if such day had not been a holiday will be added to the period of annual leave.

 

Where an employee without reasonable cause, proof whereof shall lie upon the employee, is absent from their employment on the working day or part of the working day prior to the commencement of their annual leave, and fails to resume work at their ordinary starting time on the working day immediately following the last day of the period of their annual leave, the employee will not be entitled to payment for the public holidays which fall within the employee’s period of annual leave.

21.3    Broken Leave - The annual leave will be given and taken in one or two continuous periods.

 

If the annual leave is given in two continuous periods, then one of those two periods must be of at least 12 working days, exclusive of public holidays.

 

Provided that if the employer and an employee so agree, then the employee’s annual leave entitlement may be given and taken in three separate periods.

 

21.4    Calculation of Continuous Service - For the purpose of this clause, service will be deemed to be continuous notwithstanding:

 

21.4.1 any interruption or termination of employment by the employer, if such interruption or termination has been made merely with the intention of avoiding the employer's obligations hereunder in respect of leave of absence;

 

21.4.2 any absence from work on account of personal sickness or accident or on account of leave granted by the employer or absence due to long service leave.  Provided that any continuous period of unpaid leave in excess of four weeks will not be deemed to be service for the calculation of annual leave; or

 

21.4.3 any absence with reasonable cause, proof whereof will be upon the employee.

 

In cases of personal sickness or accident or absence with reasonable cause - For the employee to become entitled to the benefit of this subclause they will inform the employer in writing, if practicable, within 48 hours of the commencement of such absence, of their inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of their absence. A notification given by an employee pursuant to clause 23, Sick Leave, will be accepted as a notification under this subclause.

 

Any absence from work by reason of any cause, not being a cause specified in this subclause, will not be deemed to break the continuity of service for the purposes of this clause unless the employer, during the absence or within fourteen days of termination of the absence, notifies the employee in writing that such absence will be regarded as having broken the continuity of service.

 

In cases of individual absenteeism, such notice will be given in writing to the employee concerned by delivering it to the employee personally or by posting it by registered or certified mail to the employee’s last recorded address, in which case it will be deemed to have reached the employee in due course of post.

 

In cases of concerted or collective absenteeism, notice may be given to employees by the posting up of a notification in the factory in the manner in which general notifications to employees are usually made in the factory and by posting to each union whose members have participated in such concerted or collective absenteeism a copy thereof not later than the day it is posted up in the factory.

 

In calculating the period of twelve months' continuous service, any such absence as aforesaid (other than long service leave) shall not, except to the extent of not more than 25 days in a twelve-month period in the case of sickness or accident, be taken into account in calculating the period of twelve months' continuous service.

 

21.5    Calculation of Service - Service before the date of this award will be taken into consideration for the purpose of calculating annual leave.  However, an employee will not be entitled to leave or payment in lieu thereof for any period in respect of which leave or a payment in lieu thereof has been allowed or made under the award hereby superseded.  The annual leave will be allowed at the rate of twelve and two-thirds hours for each completed month of continuous service.  The period of annual leave to be allowed under this subclause will be calculated to the nearest day, with any broken part of a day in the result not exceeding half a day to be disregarded.

 

Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer's predecessor at the time when the employer became such successor or assignee or transmittee, the employee, in respect of the period during which the employee was in the service of the predecessor will, for the purpose of this clause, be deemed to be in the service of the employer.

 

21.6    Calculation of Month - For the purpose of this clause the first completed month of service will be reckoned as commencing with the beginning of the first working day of an engagement and as ending on a corresponding day so as to ensure that the employee concerned has completed four weeks of working time or time regarded as working time with an employer.

 

21.7    Leave to be Taken - The annual leave provided for by this clause will be allowed and will be taken and, except as provided by 21.11 and 21.12, payment will not be made or accepted in lieu of annual leave.

 

21.8    Time of Taking Leave - Subject to the provisions of 21.3, 21.9, 21.11 and 21.12, annual leave will be given at a time fixed by the employer within a period not exceeding three months from the date when the right to annual leave accrued and after at least three months' notice to the employee. Provided that where the leave is taken in two or three periods, the first period will be taken within a period not exceeding three months, and the balance will be taken not later than six months from the date when the right to leave accrued or 30 September next following, whichever is the later.

 

21.9    Leave Allowed before Due Date -

 

21.9.1 An employer may allow an employee who so agrees to take annual leave either wholly or partly in advance.  In such case a further period of annual leave will not commence to accrue until after the expiration of the twelve months in respect of which the annual leave or part thereof had been taken.

 

21.9.2 Where annual leave or part thereof has been granted pursuant to 21.9.1, before the right to annual leave has accrued, and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months' continuous service in respect of which the leave was granted, and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay the employee under 21.11 of this clause, the employer will not be liable to make any payment to the employee under 21.11, and will be entitled to deduct the amount of excess from any remuneration payment to the employee upon the termination of employment.

 

21.10  Payment for Period of Leave -

 

21.10.1           Each employee before going on leave will be paid all wages which would normally become due and payable during the period of leave.  For the purposes of 21.11, wages shall, subject to the provisions hereinafter contained, be at the rate prescribed by clauses 6, Rates of Pay, and 9, Apprentices or Improvers - Rates of Pay, for the occupation in which the employee was ordinarily employed immediately prior to the commencement of the employee’s leave or the termination of the employee’s employment, as the case may be.

 

21.10.2           An employee who is not working under an incentive scheme based on production but who is receiving a weekly overaward payment will be entitled to receive the whole of such weekly overaward payment for each week of annual leave to which they are entitled. Provided that all amounts paid in respect of overtime, shift work or penalty rates will be excluded. Provided further that the overaward payment will not apply where the employee receives pro rata payment in lieu of annual leave on termination of employment with less than twelve months' service in any twelve-month qualifying period for annual leave, except in cases where an employee with more than six months' service with an employer is terminated by that employer other than for misconduct or where an employee terminates during the year on account of personal illness, substantiated by a medical certificate, or where an employee terminates on the day that the factory closes down for annual leave.

Where an employee has accrued a full entitlement to annual leave after a qualifying twelve-month period of service and their employment ceases for any reason before the whole or any part of such leave entitlement has been taken, the weekly overaward payment referred to in this paragraph will apply in respect to that full entitlement or any remaining portion thereof.

 

21.10.3           Payment in the case of an employee under any system of payment by results will be at the time rate, provided that:

 

(i)       When taking annual leave the employee, for the purpose of paid leave, will, for each week or part thereof of annual leave to which the employee is entitled, receive an additional payment based on the average weekly incentive payment earned in excess of the appropriate award wage for the classification concerned. The average will be calculated on a forty-week qualifying period and applied to ordinary hours only in respect of any incentive scheme based on production during the "qualifying period of employment" in each year.

 

(ii)      The "qualifying period of employment" means -

 

(1)       In the case of an employee taking annual leave at Christmas, the period of 40 consecutive weeks commencing with the first pay period in February. If annual leave is taken in two or three periods the same average additional payment for the first period will also apply to the second and/or third period.

 

(2)       In the case of an employee taking annual leave at any other time, the first 40 consecutive weeks in the twelve months immediately preceding the date of the taking of annual leave.

 

(3)       Where an employee is not employed during the whole of the "qualifying period" the employee will still be eligible for such additional payment but the average incentive payments earned will be calculated on the period of employment falling within the said 40 consecutive weeks.

 

(iii)     In the case of an employee absent on long service leave during any "qualifying period of employment" both the period of such leave and the payment in respect thereof will be excluded from the calculation of average incentive payments earned.

 

(iv)     Payment of any bonus or incentive in respect of "unrated work" will be regarded as payment in respect of an incentive scheme for the purpose of 21.10.3(i).

 

(v)       In calculating the average incentive payments earned, all amounts paid in respect of overtime, shift work or penalty rates will be excluded.

 

(vi)     The additional payment as specified in 21.10.3(i) will not apply to employees receiving pro rata payment in lieu of annual leave on termination of employment with less than twelve months' service in any twelve-month qualifying period for annual leave, except in the case where an employee with a total of 6 months' service with an employer is terminated by that employer, other than for misconduct, or where an employee terminates during the year on account of personal illness, substantiated by a medical certificate, or where an employee terminates on the day that the factory closes down for annual leave.

 

Where an employee has accrued a full entitlement to annual leave after a qualifying twelve-month period of service, and their employment ceases for any reason before the whole or any part of such leave entitlement has been taken, the additional payment referred to in 21.10.3(i) will apply in respect of that full entitlement or any remaining portion thereof.

 

21.10.4           Loading on Annual Leave - During a period of annual leave (including any period of leave allowed before due date) an employee will receive a loading calculated on the award rate of wage prescribed by clauses 6, Rates of Pay, and 9, Apprentices or Improvers - Rates of Pay, for the occupation in which the employee was ordinarily employed immediately prior to the commencement of the employee’s leave.

 

This loading, applicable to both time workers and payment by results workers, will be as follows:

 

(i)       Employees on Day Work - An employee who would have worked on day work had the employee not been on leave shall receive a loading of 17.5 per cent.

 

(ii)      Employees on shift work - An employee who would have worked on shift work had the employee not been on leave shall receive a loading of 17.5 per cent.

 

Provided that where the employee would have received a shift loading prescribed by 14.4 and 14.5, Hours of Employment, had the employee not been on leave during the relevant period and such shift loading would have entitled the employee to a lesser amount than the loading of 17.5 per cent, then such loading of 17.5 per cent will be added to the award rate of wage prescribed herein in lieu of the shift loading.

 

The loading prescribed by this paragraph is payable when services terminate in the following circumstances and not otherwise:

 

(1)       in respect of any untaken part of a full entitlement to annual leave for which payment in lieu is made;

 

(2)       in respect of any uncompleted twelve-month period for which proportionate leave on termination is payable, if services are terminated by the employer for reasons other than malingering, inefficiency, neglect of duty or misconduct, after 25 August in any year, or in the case of an employee who would not normally be taking any annual leave over the Christmas/New Year period if such termination by the employer is within four calendar months of the date the employee would normally have taken the employee’s annual leave; or

 

(3)       in respect of any employee entitled to payment pursuant to 21.11.3.

 

21.11  Proportionate Leave -

 

21.11.1           If after one month's continuous service in any qualifying twelve-month period an employee leaves their employment or is discharged for malingering, inefficiency, neglect of duty or misconduct, they will be paid at their ordinary rate of wage for twelve and two- thirds hours in respect of each completed month of continuous service with the employer as from the commencement of the employment and the service will be service for which leave has not already been granted.

 

21.11.2           If after one month's continuous service in any part of a qualifying twelve-month period an employee is terminated by the employer except for malingering, inefficiency, neglect of duty or misconduct, the employee will be paid for leave for 2.923 hours for each completed week of continuous service with the employer, the service being service in respect of which leave has not already been granted.

 

21.11.3           If during the second or any subsequent year of an employee's continuous service with an employer their service terminates for any reason at the close of business on the day on which the plant or that section thereof in which such employee is employed closes for the December annual close down and the employee was involved in a similar close down in the December of the previous year, then such employee will be paid on termination the equivalent of four weeks' annual leave pay in respect of continuous service during the then current calendar year.  Provided that such employee had not previously been allowed any annual leave in respect of service during that calendar year.  Where any period of leave had already been allowed in respect of such service, the employee's entitlement upon termination will be the difference between four weeks and the period so allowed. Any payment made pursuant to this paragraph will be in substitution for and not cumulative upon any entitlement which would otherwise have arisen pursuant to 21.11.1 and 21.11.2 in respect of service during the then current calendar year. In addition, the employee will be paid the annual leave loading prescribed by 21.10.4 applicable to the quantum of leave for which payment in lieu is to be made upon termination pursuant to this paragraph. In calculating the period of continuous service as aforementioned, reference should be made to subclause 21.4.

 

21.11.4           For the purposes of this subclause the rate of wage will be calculated in accordance with 21.10.1, 21.10.2 and 21.10.3.

 

21.12  Annual Closedown - Where an employer closes down their plant, or a section or sections thereof, for the purpose of allowing annual leave to all or the bulk of the employees in the plant or section or sections concerned, the following will apply:

 

21.12.1           The employer may, by giving at least three months' notice of their intention so to do, stand off for the duration of the closedown all employees in the plant or section or sections concerned and allow to those who are not then qualified for a full entitlement to annual leave paid leave on a proportionate basis of 2.923 hours for each completed week of continuous service, subject to and then including the initial qualifying period of one month of continuous service with the employer. Provided that where in any establishment a ballot indicates that at least 75 per cent of employees agree, and with the consent of the union, the period of closedown may be extended and all employees stood down without pay for a further period of not more than two days.

 

21.12.2           An employee who has then qualified for a full entitlement to annual leave for twelve months' continuous service pursuant to 21.1, and has also completed a further week or more of continuous service will be allowed the employee’s leave and will, subject to 21.5, also be paid for 2.923 hours in respect of each completed week of continuous service performed since the close of the employee’s last twelve-month qualifying period.

 

21.12.3           Except where annual leave is allowed before the due date in accordance with 21.12.1, the next twelve-month qualifying period for each employee affected by such close down will commence from the day on which the plant or section concerned is re-opened for work. Provided that all time during which an employee is stood down without pay for the purposes of this subclause will be deemed to be time of service in the next twelve-month qualifying period.

 

21.12.4           If, in the first year of the employee’s service with an employer, an employee who is allowed proportionate leave under 21.12.1 subsequently within such year leaves their employment or their employment is terminated by the employer, they will be entitled to the benefit of 21.11, subject to adjustment for any proportionate leave which the employee may have been allowed.

 

21.13  An outdoor worker subject to the qualifying period of one month's continuous service will be paid on termination of employment or, when taking annual leave an amount equal to one-twelfth of the employee’s total earnings for that period of employment in respect of which leave has not already been granted.

 

When taking annual leave there will be added to the aforementioned amount a loading of 17.5 per cent. Provided, however, that the monetary amount of such loading will not exceed the amount which an ordinary weekly employee in the same classification would receive by way of an annual leave loading in respect of the same period of employment.

 

21.14  Proportionate payment for annual leave will be made by an employer in respect of each completed month of continuous service when the employee leaves their employment or, in accordance with 21.11.2, where an employee is terminated by the employer before the completion of any twelve- month qualifying period under this clause. Payment will be made on the employee so leaving or on their employment being so terminated, as the case may be.

 

21.15  An employer may close down the plant or section thereof in two periods, for the purpose of granting annual leave. Provided that the longer of the two periods of leave will be at least twelve working days exclusive of public holidays. Such longer period will be granted by the employer during the December-January period unless otherwise agreed in writing by the employer and the Secretary of the union or, in the event of a dispute, as decided by the Industrial Relations Commission of New South Wales. Provided that the employer may close down the plant or section thereof in three separate periods, subject only to the following conditions:

 

21.15.1           That at least 75 per cent of the employees in the plant as a whole or a section thereof, as the case may be, mutually agree with an employer on three separate periods of leave and mutually agree upon the date when the third closure is to be made. An employer in conjunction with an accredited representative of the Union may seek such an agreement with their employees in the plant as a whole or a section thereof, as the case may be, by means of secret ballot and not otherwise.

 

21.15.2           That the employees concerned be given at least three months' notice of the proposed closures.

 

21.15.3           That the longest of the three periods of leave will be at least twelve days exclusive of public holidays.

 

21.15.4           That the second and/or third closedown period will take place not later than 30 September, in the year following the first close down period.

 

21.15.5           Subject to the special provisions contained in this subclause, all other provisions of the annual leave clause will apply in respect to the obligations and rights of employers and employees.

 

22.  Trade Union Training Leave

 

22.1    Subject to 22.2, a Union delegate or elected employee work place representative will, upon application in writing, be granted up to five days' leave with pay each calendar year, non-cumulative, to attend courses conducted or approved by the Australian Trade Union Institute which are designed to promote good industrial relations and industrial efficiency within the clothing industry.

 

This notice to the employer must include details of the type, content and duration of the course to be attended.

 

22.2    Employers may approve leave in accordance with this clause, subject to the following limitations:

 

22.2.1             Where the employer employs up to and including 49 employees in a workplace, 5 union delegates or elected workplace representatives may be granted 5 days' leave per calendar year.

 

22.2.2             Where the employer employs between 50 and 150 employees inclusive in a workplace, 10 union delegates or elected work place representatives may be granted 5 days' leave per calendar year.

 

22.2.3             Where the employer employs 150 or more employees in a workplace, 15 union delegates or elected workplace representatives may be granted 5 days' leave per calendar year.

 

22.2.4             The numbers contained in this clause may be varied by mutual agreement between the Union and an employer.

 

22.3    The granting of such leave will be subject to the employee or the Union giving at least one calendar month's notice of the intention to attend such course, or such lesser period as may be agreed between the employer, the Union and the employee concerned.

 

Provided that the taking of such leave will be arranged so as to minimise any adverse effect on the employer's operations.

 

22.4    Leave of absence granted pursuant to this clause will count as service for all purposes.

 

22.5    Each employee on leave approved in accordance with this clause will be paid all ordinary time earnings which normally become due and payable during the period of the leave, such wages to be calculated in accordance with 21.10, Annual Leave.

 

22.6    All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course during leave approved pursuant to this clause will be the responsibility of the employee or the Union unless otherwise agreed between the employer, the Union and the employee concerned.

 

22.7    Should an employee granted leave pursuant to this clause fail to attend the nominated course, the employer will be notified by the Union as soon as practicable, and no payment is to be made by the employer in respect of leave for the employee concerned.

 

22.8    In the event that a scheduled rostered day off resulting from a work arrangement established in accordance with clause 14, Hours of Employment, falls within a period of leave approved pursuant to this clause, no alternative day will be substituted in lieu.

 

22.9    Employees granted leave pursuant to this clause will inform their employer after the completion of the course of the nature of the course and their observations on it.

 

23.  Sick Leave

 

A weekly employee and a part-time employee (to the extent specified) who is absent from work on account of personal illness or on account of injury will be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations -

 

23.1    The employee will not be entitled to paid leave of absence unless the employee has been in the service of the employer concerned for at least one month immediately prior to such absence.

 

23.2    The employee will not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers' compensation.

 

23.3    The employee will, no later than the working day following the commencement of such absence, inform the employer of the inability to attend for duty and, as far as practicable, state the nature of the illness or injury and the estimated duration of the absence.

 

23.4    In the case of an employee employed subject to 14.1, Hours of Employment, that employee will, prior to the commencement of work or as soon as it is reasonably practicable and during the ordinary hours of the first day or shift, inform the employer of the employee’s inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence the employee will inform the employer within 24 hours of the commencement of the absence.

 

23.5    The employee will prove to the satisfaction of the employer that they were unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed. For such purpose the employer may require the employee to make a statutory declaration or produce other reasonable evidence which is satisfactory to the employer, justifying the cause of absence.

 

23.6

 

23.6.1 An employee will be entitled to paid leave of absence for not more than 38 hours of working time owing to such ill health or injury during their first sick leave year of continuous service with an employer. Such sick leave year will be as defined in 23.12.

 

Provided that an employee, after one month's continuous service, will only be entitled to paid sick leave proportionate to the period of employment from the date of engagement until 31 December next following calculated on the basis of 3.17 hours ordinary pay for each complete month or part thereof. If such employee subsequently leaves their employment of their own accord other than on account of personal illness substantiated by a medical certificate or is dismissed for misconduct the employer may deduct from any monies due to the employee an amount equivalent to the value of any paid sick leave allowed in excess of that to which the employee would be entitled if calculated on the basis of 3.17 hours ordinary pay for each completed month of service or part thereof.

 

23.6.2 The employee will be entitled during the second sick leave year of continuous service with an employer to paid leave of absence for not more than 46 hours of working time, subject to any accumulated leave to which the employee may be entitled in accordance with 23.9.

 

23.6.3 The employee will be entitled during the third or subsequent sick leave year of continuous service with an employer to paid leave of absence for not more than 61 hours of working time, subject to any accumulated leave to which the employee may be entitled in accordance with 23.9.

 

23.7    An employee under any system of payment by results entitled to paid leave of absence under this clause will be paid at the time work rate applicable to the classification.  The time work rate "applicable to the classification" is the award rate applicable to that classification defined in 6.1, Rates of Pay.

 

23.8    For the purpose of this clause, a month will be reckoned as commencing with the beginning of the first day of the employment or period of employment in question and as ending at the beginning of the day which has the same day number as the commencing day.  If there be no such day in the subsequent month, it will be reckoned as ending at the end of the subsequent month.

 

23.9    For the purpose of this clause, where an employee is terminated by the employer and is re-employed by that employer within a period not exceeding three months, the service with the employer immediately prior to the dismissal will be taken into account in calculating the employee's entitlement to sick leave. That is to say, the employee's entitlement to sick leave will be calculated as though their period of service has been continuous, and any sick leave credits accrued to the employee at the time of termination will not be affected to the detriment of the employee.

 

23.10  Cumulative Sick Leave - Sick leave will accumulate from year to year and may be claimed by the employee and, will be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year. Provided that sick leave which accumulated pursuant to this subclause will be available to the employee for a period of eight years but not longer from the end of the year in which it accrues.

 

23.11  For the purpose only of sick leave entitlements provided in this clause, and where a clothing industry business is transmitted from an employer to another employer and a worker who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee within two weeks of such transmission:

 

23.11.1           the continuity of the employment of the employee will be deemed not to have been broken by reason of such transmission;

 

23.11.2           the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be employment of the employee with the transmittee;

 

23.11.3           "transmission", for the purpose of this subclause, includes transfer, conveyance, assignment or succession (whether by agreement or by operation of law) and "transmitted" has a corresponding interpretation.

 

23.12  For the purpose of this clause, a year will be deemed to be from the first day of January to the 31st day of December inclusive.

 

23.13  Sickness on Rostered Day Off - Where an employee is absent on account of illness or injury on the weekday they are to take off in accordance with an arrangement pursuant to 14.1.2, Hours of Employment, the employee will not be entitled to sick pay nor shall the employee’s sick pay entitlement be reduced as a result of their absence on that day.

 

24.  Personal/Carer's Leave

 

24.1    Use of Sick Leave -

 

24.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 24.1.3(ii) who needs the employee’s care and support, will be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 23, 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

 

24.1.2 The employee will, 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.

 

24.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)       the employee being responsible for the care of the person concerned; and

 

(ii)      the person concerned being:

 

(1)       a spouse of the employee; or

 

(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

 

(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

 

(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

 

(5)       a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

(A)      "relative" means a person related by blood, marriage or affinity;

 

(B)      "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; 

 

(C)      "household" means a family group living in the same domestic dwelling.

 

24.1.4 An employee will, 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 will 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 will 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 4, Dispute Settlement Procedure, should be followed.

 

24.2    Unpaid Leave for Family Purpose -

 

24.2.1 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 24.1.3(ii) above who is ill or who requires care due to an unexpected emergency.

 

24.3    Annual Leave -

 

24.3.1 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.

 

24.3.2 Access to annual leave, as prescribed in 24.3.1, will be exclusive of any shutdown period provided for elsewhere under this award.

 

24.3.3 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.

 

24.3.4 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.

 

24.4    Time Off in Lieu of Payment for Overtime -

 

24.4.1 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.

 

24.4.2 Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate, that is an hour for each hour worked.

 

24.4.3 If, having elected to take time as leave in accordance with 24.4.1, the leave is not taken for whatever reason payment for time accrued at overtime rates will be made at the expiry of the 12 month period or on termination.

 

24.4.4 Where no election is made in accordance with 24.4.1, the employee will be paid overtime rates in accordance with the award.

 

24.5    Make-up Time -

 

24.5.1 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.

 

24.5.2 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.

 

24.6    Rostered Days Off -

 

24.6.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

24.6.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

24.6.3 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.

 

24.6.4 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.

 

24.7    Personal Carers Entitlement for casual employees -

 

(1)      Subject to the evidentiary and notice requirements in 24.1.2 and 24.1.4 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 24.1.3(ii) 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 will 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.

 

25.  Payment By Results

 

25.1    Operation of PBR Systems - An employer may maintain, alter or institute a system of payment by results, subject only to the provisions and limitations set out in this clause.

 

The existence and operation of a system of payment by results will be subject to the consultative mechanisms specified in this clause and, where appropriate or necessary, to the provisions of Schedule "A", Consultative Committees.

 

25.2    Payment by Results Earnings -

 

25.2.1 The employer will pay an employee working under a payment by results system a minimum amount each week equal to the award wage appropriate to the employee’s Skill Level.

 

25.2.2 The employer will pay the employee for each hour worked an amount not less than one thirty-eighth of the award wage appropriate to the employee’s Skill Level.

 

25.2.3 Where a employee does not work for thirty-eight hours in any week, the employer will pay the employee a pro rata amount of money according to the number of hours worked by the employee appropriate to the employee’s Skill Level.

 

25.2.4 The employer will calculate the minute pay rate for each standard time minute by dividing the total award wage for skill Level 1 by 2280.

 

Where an employer is currently paying a higher rate than this the higher rate will continue to be applied and will not be increased until such time as the rate, as calculated by this subclause, meets or exceeds the higher rate.

 

25.2.5 An employer will calculate the payment by results earnings of a worker by multiplying the minute pay rate by the excess of the standard time produced over real time worked under payment by results.

 

25.2.6 The employer will pay the worker the worker’s payment by results earnings calculated in accordance with subclause 25.2.4 in addition to the total award wage appropriate to the worker’s Skill Level.

 

25.2.7 Where a worker earns payment by results earnings for work performed in any day, such earnings shall be credited to the worker and will not be reduced because the worker fails to earn payment by results earnings in any other day.

 

25.2.8 An apprentice or improver employed pursuant to clause 10, Apprenticeship and Improvership, will be deemed to be producing bonus minutes when they have produced that number of minutes in proportion to the ordinary daily adult number of minutes as their rate of pay is in proportion to the appropriate adult award rate.

 

25.2.9 An employer, subject to the provisions of subclause 25.3, may fix or alter a time standard in respect of any garment or part of a garment, or any article or part of an article, provided such time standard is set consistent with the objective that 75% of workers (excluding trainees being new entrants to the clothing industry employed as trainees for up to three months) in any given period earn at least 20% more than the total award wage for skill Level 1.

 

This subclause will not act in any way to impose a guarantee on the amount of an individual worker's payment by results earnings.

 

25.3    Time Standards - An employer will calculate the time standard allowed for the performance of work in accordance with the following:

 

25.3.1 An employer will consult with the payment by results workers and union representative(s) prior to the finalisation of any time standard fixed in accordance with this clause and will provide to the payment by results workers and the union representative(s) the basis upon which the payment by results system is calculated, including appropriate allowances and the likely weekly earnings on such time standard.

 

On application by the Secretary of the Union, the employer will make available the basis of such a system.

 

25.3.2 The setting of a time standard shall take into account the nature and method of the work to be completed and the conditions under which it is performed, including appropriate allowances.

 

25.3.3 Time standards will be set to provide the consistent and similar earnings by workers with similar training, instruction, skill method and performance in a work area in an enterprise using a system of payment by results.

 

25.3.4 Once a time standard has been fixed in accordance with this clause, it will not be altered except where any of the following circumstances occur:

 

there is a change in the manufacturing methods;

 

there is a change in the materials used;

 

there is a change in the machines or equipment used;

 

there is a change in the quality requirements;

 

to correct an agreed error in the existing time standard;

 

by agreement between the employer, the payment by results workers, and union representative(s).

 

25.3.5 An employer will clearly display a copy of the time standard for each payment by results operation in each work area in each enterprise. The copy of the time standard will be updated within twenty-four hours of any changes to the time standards.

 

25.3.6 Once a time standard has been fixed in accordance with this clause, it will be recorded in a register and signed and dated by the employer and union representative(s).

 

25.3.7 The employer will also display in each work area in each enterprise a conversion table to enable a worker to convert time standards into monetary amounts.

 

25.4    Implementation, Review and Alteration of a PBR System - For the purpose of this clause, "workers affected" means a person or persons whose work is directly involved in any way whatsoever by the implementation of a payment by results system.

 

25.4.1 The existence and operation of a system of payment by results shall be subject to the consultative mechanism specified in this clause and, where appropriate or necessary, to the provisions of Schedule "A", Consultative Committees.

 

25.4.2 An employer may, with the agreement of seventy-five per cent of the workers affected, operate a payment by results system for the workers.

 

25.4.3 The employer will, every six months, table a summary of the results of the payment by results system to allow the consultative committee and union representative(s) to assess whether the payment by results system meets the criteria of subclause 25.2.9 of this clause.

 

25.4.4 Every calendar year in the month of February the employer will, in consultation with the workers whose work is directly involved in any way whatsoever, conduct a vote of such workers on whether the payment by results system will continue. If seventy-five per cent of such workers vote to discontinue the payment by results system, the employer will do so. The outcome of this review will be reported to the Secretary of the Union.

 

25.4.5 If, in accordance with the vote of workers whose work is directly involved in any way whatsoever, the payment by results system is discontinued, the employer may, after three months, in consultation with the consultative committee and the union representative(s), introduce a new payment by results system in accordance with the provisions of this subclause.

 

25.4.6 The consultative committee and the Union may seek the assistance of an agreed independent expert on payment by results systems and the employer will engage the expert chosen and pay all expenses associated with the engagement of the expert.

 

25.5    Training - An employer implementing a payment by results system pursuant to this clause will provide each worker with appropriate training to ensure that individual performance is the only variable distinguishing workers within a skill level as outlined clause 8, Skill Levels.

 

25.6    Work Records - An employee will complete work records in accordance with the employer's directions. Any wilful falsification of such records will be sufficient ground for instant dismissal of the employee concerned. Where necessary the employer will make arrangements for collecting the work records without loss of time to the employee concerned.

 

26.  Casual Workers

 

26.1    An employer will only engage a casual worker during one 8-week period in any 12-month period, unless in accordance with subclause 26.2.

 

26.2    An employer may engage a casual worker for a specific period of time to replace a designated person where the period of engagement does not exceed 13 weeks in aggregate in any 12-month period. The period of time for which the casual worker is engaged, together with any other special conditions of employment, will be confirmed in writing at the time of engagement.

 

26.3    An employer will pay a casual worker one thirty-eighth of the award wage for the worker’s classification plus 33.33 per cent per hour.

 

26.4    An employer will apply all the provisions of this award to a casual worker, including the provisions of clause 16, Overtime, with the exception of the following clauses:

 

Clause 21, Annual Leave;

 

Clause 23, Sick Leave;

 

Clause 28, Holidays.

 

26.5    An employer will not require a casual worker to attend for duty more than once on any one day.

 

26.6    The employment of a casual worker may be terminated by the employer or the casual worker by the giving of one hour's notice.

 

26A.  Secure Employment

 

26A.1  Work Health and Safety

 

26A.1.1.         For the purposes of this subclause, the following definitions shall apply:

 

(a)       A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(b)       A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

26A.1.2.         Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises will do the following (either directly, or through the agency of the labour hire or contract business):

 

(a)       consult with employees of the labour hire business and/or contract business regarding the workplace work health and safety consultative arrangements;

 

(b)       provide employees of the labour hire business and/or contract business with appropriate work health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(c)       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

 

(d)       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.

 

26A.1.3.         Nothing in this subclause 26A.3 is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.

 

26A.2. Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter will be dealt with pursuant to the disputes settlement procedure of this award.

 

26A.3. This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council

 

27.  Part-Time Employees

 

27.1    An employer may employ a part-time employee on a weekly basis in accordance with clause 20, Terms of Engagement.

 

27.2    For the purposes of this clause a part-time employee is a person who is employed for less than 38 hours per week.

 

27.3    An employer will pay a part-time employee one thirty-eighth of the award wage for the employee's classification per hour.

 

27.4    An employer will apply all the provisions of this award to a part- time worker, including the provisions of clause 21, Annual Leave, clause 23, Sick Leave, and clause 28, Holidays, on a pro rata basis according to the number of hours worked by the employee.

 

27.5    Provided that -

 

27.5.1 by agreement in writing signed by the employer and the employee, the provisions of clause 21, Annual Leave, clause 23, Sick Leave, and clause, 28, Holidays, will not apply and in lieu of these provisions the employer shall pay the part-time employee an additional twenty per cent of the award wage for the employee's classification per hour;

 

27.5.2 where, for a period not exceeding two calendar months or by an agreement in writing for a longer period, signed by the employer and the employee, the part-time employee genuinely works an irregular number of hours each week, the employer may pay the part-time employee in accordance with subclause 27.5.1.

 

27.6    An employer may employ a part-time employee within the ordinary spread of hours applicable to full-time employees. Where such part-time employee works for more hours in a day than the number of hours for which the part-time employee is ordinarily employed or is employed at a time outside the ordinary spread of hours, the hourly rate (exclusive of the 20 per cent loading, if paid) will be increased in accordance with clause 16, Overtime.

 

27.7    An employer will pay a part-time employee employed under a payment by results system in accordance with clause 25, Payment by Results, but in no case shall any part-time employee be paid less than the award wage for their classification as is proportionate to the time worked by them.

 

27.8    An employer will calculate the payment or deduction of payment in lieu of notice, the entitlement to severance pay, the entitlement to annual leave and the entitlement to sick leave provided by this award on a proportionate basis.  The basis for this calculation will be the average weekly number of hours worked by the part-time employee during the preceding 12 months or, if there is not a 12- month period of the employment, then the average of the actual hours worked during the period of employment.

 

27.9    An employer will grant a part-time employee the holidays provided in clause 28, Holidays, where such holiday falls on a day that the part-time employee would normally have worked. An employer will pay a part-time employee for the number of hours the part-time employee would normally have worked on that day.

 

27.10  An employer will not require a part-time employee to attend for duty more than once on any one day.

 

27.11  An employee who was engaged as a casual worker in accordance with clause 26, Casual Workers, prior to 1 May 1990, and who is now engaged as a part-time employee in accordance with clause 27, will, for the duration of their employment, be paid 33.33 per cent loading in lieu of a twenty per cent loading as provided in this clause.

 

28.  Holidays

 

28.1    All employees, other than casual employees, will be granted the following holidays without deduction of pay, which is the ordinary rate of pay an employee would have received for the hours that they would have worked had the day not been a holiday: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Easter Tuesday, Labor Day, Anzac Day, Queen's Birthday, Christmas Day and Boxing Day.

 

Provided that if any other day is by State Act of Parliament or State Proclamation substituted for any of the said holidays, the day so substituted shall be observed.

 

Where a special public holiday is proclaimed by Order-in-Council or otherwise gazetted by the authority of the Australian Government or of a State Government under any State Act and generally observed throughout New South Wales, such day shall be deemed to be a holiday for the purpose of this award.

 

28.2

 

28.2.1 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 27 December.

 

28.2.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof will be observed on 28 December.

 

28.2.3 When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on the next Monday.

 

28.3    Where public holidays are declared or prescribed on days other than those as set out in subclauses 28.1 and 28.2 of this clause, those days will constitute additional holidays for the purpose of this award.

 

28.4    Changing Public Holidays by Agreement -

 

28.4.1 An employer, with the agreement of the Union, may substitute another day for any prescribed in this clause.

 

28.4.2

 

(i)       An employer and the employer’s employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees will constitute agreement.

 

(ii)      An agreement pursuant to 28.4.1 will be recorded in writing and be available to every affected employee.

 

(iii)     The Union will be informed of an agreement pursuant to clause 28.4.2(i) and may, within seven days, refuse to accept it. The Union will not unreasonably refuse to accept the agreement.

 

(iv)     If the Union, pursuant to clause 28.4.2(iii), refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees and the Union.

 

(v)       If no resolution is achieved pursuant to clause 28.4.2(iv), the employer may apply to the Clothing Trades (State) Industrial Committee for approval of the agreement. Such an application must be made at least 14 days before the prescribed holiday. After giving the employer and the Union an opportunity to be heard, the Industrial Committee will determine the application.

 

28.5    Payment by Results Employees - An employee working under any system of payment by results will be paid for such holidays at the ordinary rate payable to an employee working as a time worker doing the same class of work.

 

28.6    Rostered Day Off or Accumulated Time Off Falling on a Holiday - In the case of an employee whose ordinary hours of work are arranged in such a manner as to entitle the employee to a rostered day off, the weekday to be taken off shall not coincide with a holiday fixed in accordance with this clause. Provided that, in the event that a holiday is prescribed after an employee has been given or gives notice of a weekday off and the holiday falls on such weekday, the employer will allow the employee to take an alternative weekday off in lieu of the holiday.

 

28.7    Termination Within 14 Days of a Holiday -

 

28.7.1 Where an employee, with at least one week's service with the employer, is terminated through no fault of their own within 14 days prior to a holiday and is re-engaged by the same employer within three months of such holiday, the employee will be paid for any such holiday the amount they would have received had they not been terminated.

 

28.7.2 Where an employee, with at least one month's service with the employer, is terminated through no fault of their own on or after the last working day of the last pay period in November each year or within 14 days prior to Good Friday, the employee will receive payment for the relevant Christmas, New Year or Easter holidays.

 

28.7.3 No employee will be entitled to be paid more than once for the same holiday whilst working in the industry and will be in breach of the award in accepting a double payment without informing the employer in relation thereto.

 

28.8    Full-time Employees Working Non-standard Hours - Approved employers only - This subclause applies only to full-time employees employed by approved employers who do not regularly work a five-day, Monday to Friday week, as provided for elsewhere in this award.

 

28.8.1 When a prescribed holiday falls upon a day when the employee would not be working in any event, the employee will receive:

 

(i)       a day's paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and the employee); or

 

(ii)      an additional day's wage.

 

28.8.2 If an employee is rostered to work on the public holiday or its substitute day (except Christmas Day), the following provisions will apply:

 

(i)       If the employee is not required to work on the public holiday, the employee will receive the payment the employee would ordinarily receive for that day and is not entitled to the substituted day off.

 

(ii)      If the employee is required to work on the public holiday, the employee is entitled to receive the normal rates of pay for working that day and the substitute day as a holiday. (If the substitute day is a non- working day for the employee, the employee will receive the compensation as set out in clause 28.8.1).

 

(iii)     If the employee is required to work on the substitute day, the employee will receive the rates of pay for working on a public holiday.

 

28.8.3 If any employee is rostered and required to work on both the "actual" public holiday and its substituted day (this would only occur if the holiday was to fall on a Saturday or a Sunday) the employee would be entitled to:

 

(i)       a day's paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and the employee); or

 

(ii)      payment at public holiday rates for the day's work for the substituted day, and payment at the normal rates for Saturday or Sunday for the actual public holiday.

 

28.8.4 Christmas Day Loading - If the employee is rostered to work on a Saturday or Sunday that is Christmas Day and is required to work, the employee will receive the normal Saturday or Sunday rate, plus a loading of one-half of a normal day's wages for the full day's work and be entitled to the substitute day.

 

28.9    Permanent Part-time Employees (Non-casual) - Where the normal roster of a part-time employee includes a day that is a holiday, the employee will receive the normal pay the employee would have received on that day, subject to subclause 28.5, and will be granted the holiday or receive the appropriate public holiday rate for working whatever hours the employee worked.

 

28.9.1 For part-time employees whose normal roster includes a Saturday or Sunday that would be a prescribed holiday but for the substitution of an alternative day, the following will apply:

 

(i)       The employee will be granted leave with pay on the "actual day" without any substitution; or

 

(ii)      the employee works on the "actual day" at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day, the Christmas Day loading will apply) and is allowed to take another day with pay, which may or may not be the prescribed substitute day, as a holiday; or

 

(iii)     the employee works on the "actual day" at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day, the Christmas Day loading will apply) and receives, in addition, payment at ordinary- time rates for an additional day of equal length (with no substitution of an alternative day).

 

28.9.2 If any of these benefits applies, the employee who works on the prescribed substitute day should do so at ordinary-time rates.

 

28.10  Casual Employees Working on Public Holidays - A casual employee who works on the day prescribed as the public holiday will be paid the appropriate public holiday pay as provided for elsewhere in this award. The employee should receive the ordinary casual rate plus the applicable penalty. That is, the casual loading of 33.33 percent and the prescribed holiday rate for non-casual employees of 2.5 times ordinary rates. The casual will be paid 2.833 times the ordinary rate for non-casual employees.

 

28.11  Absences Before or After Public Holidays - Where an employee is absent from employment on the working day or part of the working day before and the working day or part of the working day after a public holiday without reasonable excuse or without the employer's consent, the employee will not be entitled to payment for the relevant public holiday.

 

28.12  Unpaid Leave and Public Holidays - Any continuous period of unpaid leave in excess of four weeks will not be deemed to be service and the employee will not be entitled to payment for any holiday falling within this period of leave.

 

29.  Payment for Work Done on Holidays

 

29.1    Any weekly employee who works on any holiday provided for in clause 28, Holidays, will, for all time worked on that day, be paid at the rate of double time and one-half of the ordinary rate.

 

29.2    Any employee working under any system of payment by results who works on any holiday provided for in the said clause 28, will, for all time worked on that day, be paid the employee’s ordinary earnings under such system of payment by results, and an amount calculated on the basis of half of the ordinary rate for the class of work being performed, in addition to the ordinary rate payable to employees on time work doing the same class of work.

 

29.3    The minimum payment for work performed on public holidays will be four hours.

 

30.  Payment for Work Done on Sundays

 

30.1    Work in any factory or workshop is prohibited on Sundays unless in extraordinary circumstances and then only with the consent of the Secretary of the Union.

 

30.2    Any employee who works on a Sunday will for that day be paid at the rate of double ordinary rates.

 

31.  Contract Work

 

31.1    Contract work may only be undertaken subject to the following conditions:

 

31.1.1 An employer may give out work to another employer provided that, where the employer undertaking such work causes some or all of such work to be performed outside a factory or workshop registered in compliance with the appropriate State Acts or regulations, the employer to whom work is given will be a registered employer of outworkers pursuant to clause 33, Registration of Employers.

 

31.1.2 An employer giving out work to other employers will, on the last working day of May and the last working day of November each year, file with the Industrial Registrar or Deputy Industrial Registrar in New South Wales, a list of the employers to whom work is given, and a copy of such list shall be forwarded to the Union.

 

31.1.3 The Industrial Registrar or the Deputy Industrial Registrar in New South Wales may allow an organisation with a legitimate interest in the clothing manufacturing industry to peruse the list submitted in accordance with clause 31.1.2.

 

31.2    Employer giving out work to another employer where the other employer does not employ outworkers:

 

31.2.1 An employer bound by this award may give out work to another employer, to be carried out in the other employer's workshop or factory registered in accordance with the appropriate State Acts and Regulations.

 

31.2.2 An employer giving out work pursuant to this subclause will, on the following dates in each year, file with the Industrial Registrar or the Deputy Industrial Registrar in New South Wales, a list of the other employers to whom work has been given in each preceding three-month period, and a copy of such list will be forwarded to the Union:

 

Last working day of February.

Last working day of May.

Last working day of August.

Last working day of November.

 

31.2.3 The Industrial Registrar or the Deputy Industrial Registrar in New South Wales may allow an organisation with a legitimate interest in the clothing manufacturing industry to peruse the list submitted in accordance with clause 31.2.2.

 

31.3    Employer contracting with a person who alone will perform work - Employer giving out work to another employer or another person where the other employer or other person employs others outside a factory or workshop:

 

31.3.1 For the purpose of this subclause, "work" means hand or machine sewing in the construction of a garment or part thereof being work performed other than in a factory or workshop.

 

31.3.2 An employer will:

 

(i)       not contract with any person pursuant to this subclause unless that employer is registered pursuant to clause 33, Registration of Employers;

 

(ii)      when desirous of contracting with any person pursuant to this subclause, make application for registration, in accordance with the said clause 33, to the Clothing Trades (State) Industrial Committee.

 

31.3.3

 

(i)       An employer contracting with a person who alone will perform work will contract to provide and will provide terms and conditions no less favourable than those prescribed by this award for persons engaged under a contract of service pursuant to clause 32, Outworkers.

 

(ii)      An employer contracting with another employer, or with another person who gives out the work, or with a person who alone will perform work will make a record in writing of the following details:

 

(1)       The name of the other employer (or the other person) who gives out the work and the registration number of the other employer (or the other person) who gives out the work.

 

(2)       The address of the other employer (or the other person) who gives out the work.

 

(3)       The name(s) and address(es) of the person(s) to whom the work is given.

 

(4)       The address(es) where the work is to be performed.

 

(5)       The date of giving out the work and the date for completion of the work.

 

(6)       A description of the nature of the work to be performed (including construction, seam type, finishing and fabric type).

 

(7)       A description and, where available, a rough drawn outline of the garments or articles of each type being given out to the other employer (or the other person) who gives out the work.

 

(8)       The number of garments or articles of each type being given out to the person.

 

(9)       The sewing time allowed for each type of garment or article to be done.

 

(10)     The price to be paid for each garment or article. The Union will not divulge any details concerning the price to be paid for each garment or article in any circumstances to any party, save for enforcement proceedings in a court or industrial dispute proceedings in the Industrial Relations Commission of New South Wales.

 

(11)     Where the work is given to a person who alone will perform the work, the total amount to be paid to the person calculated in accordance with subclauses 31.3.3(ii)(8), (9) and (10).

 

(iii)     A copy of this record will be given to the person doing the work and the employer's copy will be available for inspection by a person duly authorised in accordance with clause 34, Entry and Inspection by Officers of Industrial Organisations, as if it was a record as described in clause 35, Time Book, Sheet or Records.

 

31.3.4

 

(i)       No employer will enter into any contract or arrangement with another person (hereinafter called "the second person") concerning the performance of work pursuant to which contract or arrangement the second person will not personally or alone perform the work unless the contract or arrangement is entered into on terms whereby any work to be performed by a person other than the second person is carried out pursuant to a written agreement made between the second person and the person who will actually perform the work, such written agreement to:

 

(1)       specify the matters referred to in subparagraph 31.3.3(ii); and

 

(2)       provide for wages and conditions no less favourable than those provided by this award for persons engaged under a contract of service pursuant to clause 32, Outworkers.

 

(ii)      Any employer who enters into a contract pursuant to subparagraph 31.3.3(i) or pursuant to subparagraph 31.3.4(i) will notify the Industrial Registrar or the Deputy Industrial Registrar in New South Wales and the Union, within seven days of the last working day of February, May, August and November of each year of the existence of such contract and the names and addresses of the persons who enter into the contract.  The Industrial Registrar, or the Deputy Industrial Registrar in New South Wales may allow an organisation with a legitimate interest in the clothing manufacturing industry to peruse such records.

 

31.3.5 Where a person has performed work either directly for an employer pursuant to paragraph 31.3.3 or for a second person (being work in respect of a contract or arrangement between the second person and an employer pursuant to paragraph 31.3.4), such person may make a claim for payment for such work by serving upon the relevant employer a statutory declaration specifying the identity of the person performing the work, the work performed, the date or dates on which the work was performed and the payment claimed. Such statutory declaration, if served within six months of completion of that work, will be accepted as proof of liability on the part of that employer to pay the sum claimed, unless that employer against whom the claim is made is able to prove:

 

(i)       that the work was not in fact done; and/or

 

(ii)      the payment claimed was not the correct payment due for the work that was actually done.

 

31.3.6 An employer will not in any way, whether directly or indirectly, be a party to or concerned in conduct that:

 

(i)       hinders, prevents or discourages the observance of this clause; or

 

(ii)      causes or encourages, or is likely to cause or encourage, a breach or non-observance of this clause.

31.4    An employer contracting with a person who alone will perform work will provide to that person, each time work is given out, information as to their entitlements as per Schedule "C" of this award.

 

32.  Outworkers

 

32.1    For the purpose of this clause -

 

"Employer" means an employer bound by this award.

 

"Ordinary working week" means the hours and days occurring between midnight on Sunday and midnight on Friday in any week.

 

"Outworker" means a person who performs work as herein defined for an employer outside the employer's workshop or factory under a contract of service.

 

"Work" means hand or machine sewing in the construction of a garment or part thereof being work performed other than in a factory or workshop.

 

32.2    Employers bound by this award will -

 

32.2.1             not employ any person to perform work covered by this award under a contract of service outside the employer's workshop or factory unless that respondent employer is a registered employer of outworkers, pursuant to clause 33, Registration of Employers;

 

32.2.2             when desirous of employing outworkers, make application to the Industrial Committee for registration in accordance with clause 33, Registration of Employers;

 

32.2.3             not employ a person to perform work covered by this clause outside the workshop or factory unless prior agreement in writing has been reached between that respondent and the person as to whether that person is to be employed on a full-time or part-time basis and if on a part-time basis, the agreed number of hours. Provided that nothing in this clause will prevent the parties to any such agreement varying the same by consent from employment on a full-time basis to employment on a part-time basis or vice versa. Provided further that any such variation will not take effect until the expiry of at least three days from the date of the agreement to that variation;

 

32.2.4             not employ more than 10 outworkers at any one time. Provided that an employer may employ a specified greater number of outworkers with the consent of the Union or if, in the absence of that consent, the Industrial Committee in the exercise of its discretion grants permission to the employer to employ a specified greater number of outworkers;

 

32.2.5             pay any outworkers employed at the rates prescribed by clauses 6, Rates of Pay, and 25, Payment by Results, (as appropriate) for the classification in which the outworker is engaged. Provided that working time allowed for work to be performed shall be fair and reasonable and that the time standards set for the work to be performed by outworkers will in every case be longer than the time standards that would be set for the same work if done in the factory to include a reasonable component to cover time spent on ancillary tasks, such as bundling and unbundling, sorting, packing and the like. Provided further that in the event that the employer has no factory, a factory undertaking the same or comparable work will be used for the purpose of setting the time standards;

 

32.2.6             pay for outwork performed in the ordinary working week at the minute rate of:

 

(i)       1/2280 of the weekly award rate for the classification in which the outworker is employed for the first 38 hours worth of work; and

 

(ii)      the minute rate in subparagraph 32.2.6(i), multiplied by 1.5 for the classification in which the outworker is employed, for each hour thereafter;

 

32.2.7             pay for outwork performed or deemed to have been performed on a Saturday or Sunday or a public holiday, at the minute rate in clause 32.2.6(i), multiplied by 2 for the classification in which the outworker is employed.  An outworker will not be entitled to penalty payment for work performed on a Saturday, Sunday or award holiday unless there is prior agreement with the employer for the performance of work on any such day(s) in accordance with subparagraph 32.2.13(xii);

 

32.2.8             apply all provisions of clause 25, Payment by Results, to outworkers working under any system of payment by results unless expressly excluded from such operation either in this clause or in the said clause 25;

 

32.2.9             provide sufficient work (that is, 38 hours worth of work each week for full-time outworkers and at least 20 hours worth of work each week for part-time outworkers) in the ordinary working week where the outworker is ready, willing and able to perform such work.

 

Provided that an outworker under any system of payment by results who is ready, willing and able to work:

 

(i)       on a full-time basis (i.e., 38 hours or more) in the ordinary working week, but receives in any such week less than 38 hours worth of work from the employer, will be paid in accordance with the following formula:

 

(1)       if the employee receives no work at all, the weekly award rate for the classification in which the outworker is employed;

 

(2)       if the employee receives less than 38 hours worth of work, the weekly award rate for the classification in which the outworker is employed;

 

(ii)      on a part-time basis (i.e., at least 20 hours) in the ordinary working week (for one or more employers) but receives in any such week fewer hours worth of work than the number of hours for which the outworker was employed from any one such employer, will be paid (by each employer) for the number of hours for which the outworker was employed. Such payment to be so much of the weekly award rate as is proportionate to the number of hours the worker was employed to work in any ordinary working week;

 

(iii)     may be stood down by an employer without pay for up to ten days but for no more than two days in any four consecutive working weeks where no work can be offered as a result of circumstances beyond the employer's control, proof of which shall lie with the employer. In such circumstances the employer will keep a record of the name and address of the outworker stood down, the commencing date and duration of the stand down and the reason for the stand down. A copy of this record will be given to the person doing the work and the Union within two working days of the stand down and the employer's copy will be available for inspection by a person duly authorised in accordance with clause 34, Entry and Inspection by Officers of Industrial Organisations, as if it was a record described in clause 35, Time Book, Sheet or Records.

 

32.2.10           not require any full-time outworker to complete more than 38 hours worth of work, or any part-time outworker to complete more hours worth of work than the number of hours for which the outworker was employed in any ordinary working week;

 

32.2.11           subject to clause 32.2.13 not require any outworker to perform work on a Saturday or a Sunday or on any public holidays;

 

32.2.12           pay the outworker for each public holiday prescribed by this award an amount equal to 1/5 of the applicable weekly award rate for full-time outworkers and on a proportionate basis for part-time outworkers;

 

32.2.13           at the time of delivery of any work to an outworker provide full details of the following matters and shall keep true and correct records thereof in writing:

 

(i)       the name of the employer bound by this award and the registration number of the employer;

 

(ii)      the address of the employer bound by this award;

 

(iii)     the name of the person to whom the work is given;

 

(iv)     the address where the work is to be done;

 

(v)       the date of delivery of the work;

 

(vi)     the description of the garments or articles upon which work is to be done (e.g., skirts, dresses, jeans);

 

(vii)    a description of the nature of the work to be performed (e.g., overlocking);

 

(viii)   the number of garments or articles of each description being given out to the person;

 

(ix)     full details of the appropriate time standard in accordance with paragraph 32.2.5 which when considered with the minute rate set out in paragraph 32.2.6 will enable the price to be paid for each garment or article to be calculated;

 

(x)       the number of working hours that will therefore be necessary to be worked to complete the said garments or articles, and accordingly;

 

(xi)     the number of days that will therefore be needed to perform the work with such calculation being undertaken (consistent with paragraph 32.2.10) on the basis of 7.6 hours worth of work being performed each day; and

 

(xii)    the appropriate time and date for the work to be picked up from the outworker. The pickup time and date will be set on the basis that no work will need to be performed on any Saturday, Sunday or award holiday which may occur between delivery and pickup unless there is prior agreement between the employer and the outworker that work will be performed on any or all of such days.  If there is such agreement, the written record referred to in this subclause must specify the actual date of any Saturday, Sunday or award holiday on which it has been agreed that work will be performed and the number of hours to be worked on any such day.  In the absence of any specification as to the number of hours to be worked on a Saturday, Sunday or award holiday on which work has been authorised pursuant to this paragraph, the outworker will be deemed to have worked and shall be entitled to payment in respect of any such day at the rate specified in paragraph 32.2.7.

 

(xiii)   The total amount to be paid to the outworkers will be calculated in accordance with subparagraphs 32.2.13(viii), (ix) and (x).

 

Provided that a copy of this record will be given to the person doing the work and the employer's copy will be available for inspection at the employer's premises by a person duly authorised in accordance with clause 34, Entry and Inspection by Officers of Industrial Organisations, as if it was a record described in clause 35, Time Book, Sheet or Records.

 

Provided always that if the time period between delivery and pickup (arrived at via calculations under subparagraph 32.2.13(xi)) will necessarily include a Saturday and/or a Sunday and/or a public holiday(s) then the first agreed pickup date shall be reset (i.e., put back) to ensure, consistent with paragraph 32.2.10 and given the number of days needed to do the work arrived at in subparagraphs 32.2.13(xi) and (xii), that the employee will not be required to work on any of the days set out in this proviso that fall within the period set under subparagraph 32.2.13(xi) to complete the work delivered (the reset pickup date to be hereinafter referred to as "the second agreed pickup date").

 

Provided further that if an outworker who has work delivered to be performed in a time period that includes either a weekend day(s) or a public holiday(s) expressly agrees or simply elects to complete that work by the first agreed pickup date rather than by the second agreed pickup date then the worker will, for the purpose of payment, be deemed to have completed 7.6 hours (but no more) worth of the work on each of the weekend and/or public holiday days occurring in the period between delivery and pickup;

 

32.2.14           pay annual leave to outworkers in accordance with the provisions of clause 21, Annual Leave.

 

32.2.15           pay all wages due not later than two working days following the end of the working week, at a time and by a method mutually agreed between the outworker and employer.

 

On or before the pay day, the employer will provide to the outworker in writing, details of the wage payment to which the outworker is entitled, the amount of each deduction made therefrom and the net amount being paid to the outworker;

 

32.2.16           except as otherwise provided in this clause, apply to outworkers the terms and conditions of employment provided by the award, excluding the following clauses:

 

14.      Hours of Employment

15.      Midday Meal Interval

16.      Overtime

17.      Meal Money

18.      Rest Period

20.      Terms of Engagement 20.3.6

23.      Sick Leave

26.      Casual Workers

34.      Entry and Inspection by Officers of Industrial Organisations

35.      Time Book, Sheet or Records

37.      Amenities

38.      First-aid Ambulance Chest

39.      Award Posted

41.      Shop Stewards and Representatives

43.      Notice Boards

45.      Tools of Trade

46.      Disability Allowance

50.      Blood Donors

51.      Attendance at Hospital

 

32.2.17           provide outworkers with all necessary materials, trimmings and sewing threads.

 

32.3    Where a person has performed work for an employer as an outworker, such person may make a claim for payment for such work by serving upon the employer a statutory declaration specifying the identity of the person, the work performed and the payment claimed therefore. Such statutory declaration, if served within six months of completion of that work, will be accepted as proof of liability on the part of the employer to pay the sum claimed, unless that employer against whom the claim is made is able to prove:

 

32.3.1 that the work for which the claim is made was not, in fact, done; and/or

 

32.3.2 the payment claimed as due was not the correct payment for the work that was actually done.

 

32.4    In any proceedings commenced concerning work performed pursuant to this clause, it lies upon any person alleging that the person performing such work was not an employee to prove that this was the case.

 

32.5    An employer bound by this clause will not in any way, whether directly or indirectly, be a party to or concerned in conduct that:

 

32.5.1 hinders, prevents or discourages the observance of this clause; or

 

32.5.2 causes or encourages or is likely to cause or encourage, a breach of, or non-observance of, this clause.

 

32.6    An employer will provide to the outworker, each time work is given out, information as to their entitlements as per Schedule "C "of this award.

 

33.  Registration of Employers

 

33.1    Except as prescribed in subclause 31.1, Contract Work, an employer bound by this award having or proposing to have work performed away from the employer’s own factory or workshop pursuant to clauses 31, Contract Work, and 32, Outworkers, will make application for registration to the Industrial Committee.

 

33.2    The Industrial Committee may register the employer on conditions as determined by it for a twelve-month period. The Industrial Committee may revoke the registration if any or all of such conditions have not been complied with.

 

33.3    Upon registration the employer will be given a registration number.

 

33.4    The Industrial Registrar will maintain a record of employers registered pursuant to this clause.

 

33.5    Upon registration and at yearly intervals thereafter, such employer will cause a notice to be placed in the public notices column of a metropolitan daily newspaper circulating throughout the State in which the work is to be performed, notifying such registration. Such notice will:

 

33.5.1 specify the identity of the employer and the registration number; and

 

33.5.2 specify where all documents in the employer's possession or custody containing the terms of any agreement or contract to perform work made in accordance with the provisions of this award may be inspected by a person entitled under the award to do so.

 

33.6    An employer, by application to the Industrial Committee or (subject to any order by the said Committee or the Industrial Relations Commission of New South Wales) by agreement in writing with the Secretary of the Union, may be exempted from the requirement to comply with the provisions of clause 33.5. Where any such agreement is made a copy shall be lodged with the Industrial Registrar.

 

34.  Entry and Inspection by Officers of Industrial Organisations

 

34.1    The Industrial Relations Act 1996 (New South Wales) ("the Act") provides for Right of Entry in the following terms:

 

34.1.1 Definitions

 

(i)       In this Part:

 

authorised industrial officer means an officer or employee of an industrial organisation of employees who holds an instrument of authority for the purposes of this Part issued by the Industrial Registrar under section 299 of the Act

 

employees' records includes records of the remuneration of employees, part‑time work agreements with the employees or other records relating to the employees that are required to be kept by the employer by or under the industrial relations legislation or an industrial instrument.

 

officer of an industrial organisation includes any person who is concerned in, or takes part in, the management of the organisation.

 

relevant employee, when used in connection with the exercise of a power by an authorised officer of an industrial organisation, means an employee who is a member of the organisation or who is eligible to become a member of the organisation.

 

(ii)      This Part does not confer authority on an authorised industrial officer to enter any premises for the purposes of holding discussions with employees or of an investigation if:

 

(1)       the persons employed at that place are employed by a person who holds a certificate of conscientious objection under section 212(3) of the Act because of membership of a religious society or order (such as the Brethren), and

 

(2)       none of the persons employed at those premises are members of an industrial organisation, and

 

(3)       there are no more than 20 persons employed at those premises.

 

34.2    Right of entry for discussion with employees - An authorised industrial officer may enter, during working hours, any premises where relevant employees are engaged, for the purpose of holding discussions with the employees at the premises in any lunch time or non‑working time.

 

34.3    Right of entry for investigating breaches

 

34.3.1 An authorised industrial officer may enter, during working hours, any premises where relevant employees are engaged, for the purpose of investigating any suspected breach of the industrial relations legislation, or of any industrial instrument that applies to any such employees.

 

34.3.2 For the purpose of investigating any such suspected breach, the authorised industrial officer may:

 

(i)       require any employer of relevant employees to produce for the officer's inspection, during the usual office hours at the employer's premises or at any mutually convenient time and place, any employees' records and other documents kept by the employer that are related to the suspected breach, and

 

(ii)      make copies of the entries in any such records or other documents related to any such suspected breach.

 

34.3.3 An authorised industrial officer must, before exercising a power conferred by this section, give the employer concerned at least 24 hours' notice.

 

34.3.4 The Commission or the Industrial Registrar may, on the ex parte application of an authorised industrial officer, waive the requirement to give the employer concerned notice of an intended exercise of a power conferred by this section if the Commission or the Industrial Registrar is satisfied that to give such notice would defeat the purpose for which it is intended to be exercised.

 

34.3.5 If the requirement for notice is waived under paragraph 34.3.4:

 

(i)       the Commission or Industrial Registrar is to give the authorised industrial officer a warrant authorising the exercise of the power without notice, and

 

(ii)      the authorised industrial officer must, after entering the premises and before carrying out any investigation, give the person who is apparently in charge of the premises the warrant or a copy of the warrant

 

34.4    Provisions relating to authorities issued to officers -

 

34.4.1 The Industrial Registrar may, on application, issue an instrument of authority for the purposes of this Part to an officer or employee of an industrial organisation of employees.

 

34.4.2 An authorised industrial officer is required to produce the authority:

 

(i)       if requested to do so by the occupier of any premises that the officer enters, or

 

(ii)      if requested to do so by a person whom the officer requires to produce anything or to answer any question.

 

34.4.3 The authority:

 

(i)       remains in force until it expires or is revoked under this section, and

 

(ii)      expires when the person to whom it was issued ceases to be an officer or employee of the industrial organisation of employees concerned.

 

34.4.4 The Industrial Registrar may, on application, revoke the authority if satisfied that the person to whom it was issued has intentionally hindered or obstructed employers or employees during their working time or has otherwise acted in an improper manner in the exercise of any power conferred on the person by this Part.

 

34.4.5 An application for the revocation of an authority is to set out the grounds on which the application is made.

 

34.4.6 A person to whom an authority has been issued under this section must, within 14 days after the expiry or revocation of the authority, return the authority to the Industrial Registrar for cancellation.

 

Maximum penalty: 20 penalty units.

 

34.5    No entry to residential premises without permission - An authorised industrial officer does not have authority under this Part to enter any part of premises used for residential purposes, except with the permission of the occupier.

 

34.6    Offences -

 

34.6.1 An authorised industrial officer must not deliberately hinder or obstruct the employer or employees during their working time.

 

34.6.2 A person must not deliberately hinder or obstruct an authorised industrial officer in the exercise of the powers conferred by this Part.

 

34.6.3 A person must not, without lawful excuse, fail to comply with a requirement of an authorised industrial officer under this Part.

 

34.6.4 A person must not purport to exercise the powers of an authorised industrial officer under this Part if the person is not the holder of a current authority issued by the Industrial Registrar under this Part.

 

Maximum penalty: 100 penalty units.

 

34.7    Powers of Commission - The Commission may deal with an industrial dispute about the operation of this Part but does not have any jurisdiction to make an award or order conferring additional or inconsistent powers of entry or inspection.

 

Industrial relations legislation means any of the following Acts and the regulations made under any such Act:

 

Industrial Relations Act 1996

Annual Holidays Act 1944

Employment Protection Act 1982

Long Service Leave Act 1955

Long Service Leave (Metalliferous Mining Industry) Act 1963.

 

An industrial instrument means an award, an enterprise agreement, a public sector industrial agreement, a contract determination or a contract agreement.

 

35.  Time Book, Sheet or Records

 

35.1    The employer will provide in each factory, workshop or place where work is being performed, a time and wages book or sheet or records, which shall have correctly recorded in ink, or by other means except pencil and in the English language, the following particulars:

 

35.1.1 The initials and surname and classification or classifications (when engaged on mixed functions) of each employee.

 

35.1.2 The date of birth and experience and time work rate of pay of improvers in respect of new employees at the date of engagement.

 

35.1.3 The number of hours of ordinary time worked by each employee each day and each week and the amount of weekly superannuation contributions paid in accordance with clause 55, Superannuation.

 

35.1.4 The number of hours of overtime worked by each employee each day and each week.

 

35.1.5 The total amount of wages paid to each employee each week.

 

35.1.6 The actual name of the day and the date of each day of each week and also the name of the day and the date on which each week ends.

 

35.1.7 All holiday, annual leave, long service and sick leave payments.

 

35.2    Where any employee is employed under any system of payment by results, the employer will keep a correct record of the rates and of the class and number of articles or parts of articles on which work is done by such employee each week.

 

35.3    For further information, see the Industrial Relations Act 1996.

 

36.  Seating Accommodation

 

36.1    When it is necessary for employees to sit at their work, seats will be provided for the employees by the employer. Such seats will be reasonably comfortable seats.

 

36.2    A seat provided for any employee will have a back to it, unless the work of such employee cannot be conveniently done in such a seat, or unless the employee requests to be allowed to use a seat without a back to it.

 

37.  Amenities

 

37.1    Lighting and Heating - In connection with every factory or workshop, the employer will make provision for adequate warmth during cold weather and cooling during hot weather where necessary (fans or the like) and adequate light for the employees to perform their work, and as far as possible artificial light shall be avoided.

 

37.1.1 For the purposes of this clause a factory or workshop will include any building, establishment, depot or place where any person is employed upon any work to which this award is applicable.

 

37.1.2 The requirements specified by this subclause will also apply to any dining room and/or rest room provided by the employer in accordance with the provisions of subclauses 37.6 or 37.7.

 

37.2    Floor Covering - The working areas of factory floors, when used by employees, will be covered by suitable floor coverings, other than in passageways which hydraulic lifts and mechanical motorised equipment such as forklifts traverse, to ensure that no employee will be called upon to work on bare concrete, brick, stone or wooden floor.  Such floors will be covered in a manner to adequately ensure comfortable conditions. Provided that in the case of wooden floors, an employer may be exempted from such requirements by agreement of the Union in writing or as approved by the Industrial Relations Commission of New South Wales, if it is considered such wooden floor is in good condition, is well maintained and ensures comfortable working conditions.

 

37.2.1 The requirements specified by this subclause will also apply to the dining room and/or rest room provided by the employer in accordance with the provisions of subclause 37.6. Linoleum or vinyl or rubber, all of a heavy weight, or materials with similar qualities shall be considered suitable. Seamless in situ composition floor surfacing of sufficient thickness fully covering the specified areas will also be considered suitable.

 

37.3    Drinking Water - Refrigerated, clean and wholesome drinking water shall be provided in places easily accessible to all employees. Drinking water kept in a refrigerator will constitute compliance with this subclause.

 

37.4    State Regulations - The laws and regulations in force on 1 February 1983 in New South Wales relating to factories and workshops in respect to sanitation, lavatories, factory cleanliness, heating and light and limitations as to the weights females will be permitted to lift or carry, shall be incorporated into and be read as part of this award insofar as such laws and regulations do not conflict with this award.  Provided, however, and it is hereby expressly declared that nothing in this clause will be deemed to abrogate, effect, repeal, amend or in any degree render inoperative any State law except of any inconsistency of such State law with this award.

 

37.5    Toilet Accommodation - Notwithstanding the foregoing, a separate toilet will be provided in factories where mixed sexes are employed, and approaches thereto properly separated for the sexes, shall be provided.

 

37.6    Dining Accommodation -

 

37.6.1             An employer of more than 10 employees will provide a separate room (reasonably convenient to the working area) or portion of the factory or workshop as a dining room and keep the same and its facilities hygienically clean.

 

(i)       Dining room tables will be of laminated plastic top construction or be covered by some material which can be kept hygienically clean.

 

(ii)      The seating provided will be fitted with backs.

 

(iii)     An adequate supply of boiling water will be made readily available to employees without charge at the time at which their meal break or rest period commences. The employer will also provide a refrigerator and a facility for heating food.

 

(iv)     The size of the dining room, the number of tables and its seating accommodation will be adequate if at least three quarters of the employees taking a meal break at the one time are able to use the same in reasonable manner and without congestion.

 

(v)       The dining room will not be used for work room or work room storage purposes.

 

The words "reasonably convenient to the working area" will have the meaning set out in Appendix "B" Form of Declaration - Amenities to this award.

 

37.6.2             An employer of more than 10 employees may make an application to the Industrial Relations Commission of New South Wales for exemption from any of the provisions of clause 37.6.1 and the Commission may grant such exemption provided that it is satisfied either:

 

37.6.2.1          that is it impracticable for such employer to provide the said dining room and/or facilities; or

 

37.6.2.2          that for some other good reason exemption from the provisions of such paragraph ought to be granted to such employer

 

Provided that where such an exemption is obtained, the disability payments prescribed in clause 46, Disability Allowance, will still be payable.

 

37.6.3             Without affecting the rights of any party before the Industrial Relations Commission of New South Wales, the Commission will consider and, if necessary, make recommendations as to the suitability or otherwise of the dining room and/or dining room facilities of a particular employer before proceedings for breach of this clause or clause 46 may be taken.

 

37.7    Rest Room -

 

37.7.1 In any factory or workshop in which females are employed, a separate properly ventilated room (reasonably convenient to the working area) with seating and a couch or folding lounge will be provided as a rest room.

 

An area enclosed by permanent partitioning of hardboard or the like, at least six feet high, with a door or curtained doorway will be acceptable as a separate room.  Where a folding lounge is provided, it shall be set up for immediate use.  A pillow, blanket and hot water bottle will be provided.  The rest room and its facilities will be kept ready for immediate use.

 

With the approval of the Union a common rest room may be provided for employees of two or more employers, subject to the stipulation contained in Appendix "B" to this award.

 

The rest room will not be used for work room or work room storage purposes.

 

The words "reasonably convenient to the working area" will have the meaning set out in Appendix "B".

 

37.7.2 An employer of less than 10 female employees may make an application to the Industrial Relations Commission of New South Wales for exemption from any of the provisions of clause 37.7.1 and such a tribunal may grant such exemption provided that it is satisfied either:

 

37.7.2.1          that it is impracticable for such employer to provide the said rest room and/or facilities; or

 

37.7.2.2          that for some other good reason an exemption from the provisions of such paragraph ought to be granted to such employer.

 

Provided that where such an exemption is obtained, the disability payments prescribed in clause 46, Disability Allowance, will still be payable.

 

37.7.3 Without affecting the right of any party before the Industrial Relations Commission of New South Wales, the Commission will consider and, if necessary, make recommendations as to the suitability or otherwise of the dining and/or rest room facilities of a particular employer before proceedings for breach of this clause and/or clause 46 may be taken.

 

37.8    Hanging Facilities - Each employer will at some reasonably convenient place on the employer’s premises provide proper hanging facilities which afford reasonable protection for employees' clothes.

 

38.  First-Aid Ambulance Chest

 

Every factory or workshop will have, in some accessible place, a first-aid ambulance chest which will be a suitable dust-proof receptacle made of either metal or wood for the use of the employees.  Such chest will be equipped and supplied with those articles prescribed by the Occupational Health and Safety Regulation 2001, as amended from time to time.

 

39.  Award Posted

 

A copy of this award and its amendments when available will be posted and kept posted by the employer in a prominent place in the workshop or factory.

 

40.  Industrial Committee

 

40.1    For the purposes of this award, power is given to the Industrial Registrar to appoint an Industrial Committee.

 

40.2    An Industrial Committee will consist of two representatives of the Union, two representatives of the employer and the Industrial Registrar or Deputy Industrial Registrar (as the case requires), or such other person as the Industrial Registrar or the Deputy Industrial Registrar may nominate as Chairperson of the Industrial Committee. In the event of the representative members of the Industrial Committee being equally divided in opinion, the Chairperson may cast a vote to give a majority decision.

 

40.3    Any person appointed a member of the Industrial Committee by the Registrar may appoint a substitute to act in that person’s stead at any time.

 

40.4    Three members, one of whom may be the Registrar or Deputy Registrar or a Deputy therefore as provided in subclause 40.2, shall constitute a quorum.

 

40.5    An Industrial Committee may sit at such times and places as the members may agree or the Registrar or Deputy Registrar (as the case requires) may fix and may adjourn from time to time and from place to place.

 

40.6    The functions of the Industrial Committee will be:

 

40.6.1 To settle disputes as to matters under this award.

 

40.6.2 To deal with any dispute affecting the amicable relations of the parties.

 

40.6.3 To hear and decide any dispute referred to it by the Industrial Relations Commission of New South Wales as to or arising out of the weekly output or task or any dispute referred to it by the Commission as to the fixation of the amount of work to be done by employees, or any dispute arising out of the fixation of the rates to be paid to payment-by-results workers or outdoor workers.

 

40.7    The decision of the Industrial Committee may be reviewed and altered by the Industrial Relations Commission of New South Wales on the application of any party to this award, provided that notice of an application to the Commission to review such decision be given within 14 days of such decision and an application be lodged with the Registrar or Deputy Registrar asking for such review within 21 days of such decision.  The Commission may give extended time for such notice and application at any time.

 

40.8    Nothing in this clause will take away from any party the right to apply to the Industrial Relations Commission of New South Wales or to the court, given by the Industrial Relations Act 1996, whether for a variation or an interpretation of this award.

 

41.  Shop Stewards and Representatives

 

Shop stewards and official union representatives will be recognised by the employer and will be allowed time off during working hours to interview the employer if there is any legitimate complaint. Shop stewards will have reasonable access to a telephone during working hours.

 

42.  Uniforms

 

If an employer requires an employee to wear a uniform they will pay for the provision and cleaning of such uniform.

 

43.  Notice Boards

 

The employer will make facilities available in a prominent position in the workshop or factory, upon which representatives of the Union will be allowed to post union notices. Any notice so posted will be countersigned by the representative of the Union and, in the absence of a countersignature, may be removed by the Union representative or the employer.

 

44.  Protective Clothing

 

Where any person is required to work under wet or dirty conditions, suitable protective clothing, including footwear, will be supplied free of charge by the employer to the employee concerned.

 

Any dispute as to the necessity or suitability of such clothing will be determined by the Industrial Committee.

 

45.  Tools of Trade

 

The employer will provide all necessary tools for employees in each workshop or factory.

 

46.  Disability Allowance

 

46.1    Subject to subclauses 37.6.2 and/or 37.6.3 where a dining room and/or its facilities, in any establishment having more than ten employees, are inadequate in that they do not satisfy the provisions of subclause 37.6 the employer will, in addition to the rates set out elsewhere in this award, pay to each employee in that establishment a disability allowance as set in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, per day for each day worked by such employee whilst suffering such disability of inadequate conditions.

 

Where such dining room and its facilities are only adequate for a lesser number of employees than the required minimum prescribed by clause 37.6.1, the disability referred to will be deemed to have been suffered by the balance of the total employees in that establishment taking a meal break at the one time. In such case the total amount of the disability payments due to the number of employees who suffered such disability will be shared equally amongst all the employees in that establishment.

 

46.2    Subject to paragraph 37.7.2 and/or 37.7.3 where a rest room and/or its facilities, in an establishment, are inadequate in that they do not satisfy the provisions of subclause 37.7 the employer will, in addition to the rates set out elsewhere in this award, pay to each female employee in that establishment a disability allowance as set in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, per day for each day worked by such employee whilst suffering such disability of inadequate conditions.

 

The disability referred to shall be deemed to have been suffered by all female employees in that establishment during that period of their respective employment when the rest room and its facilities were not of the prescribed standard.

 

Provided that an employer will not be held liable for payment of such disability allowance should any of the equipment specified in paragraph 37.7.1 supplied by the employer be subsequently missing through no fault of such employer.

 

46.3    Any excess wages payable to an employee on account of work performed or for any other reasons will not be off-set against the disability payments prescribed in this clause.

 

47.  Bereavement Leave

 

47.1    An employee, other than a casual employee, will be entitled to up to two days bereavement leave without deduction of pay up to and including the day of the funeral on each occasion of the death of a person prescribed in subclause 47.3.

 

47.2    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.

 

47.3    Bereavement leave will be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph 24.1.3(ii), Personal Carers Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

47.4    An employee will not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

47.5    Bereavement leave may be taken in conjunction with other leave available under subclauses 24.2, 24.3, 24.4, 24.5, and 24.6. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

47.6    Bereavement entitlements for casual employees

 

47.6.1 Subject to the evidentiary and notice requirements in 47.2 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 subparagraph 24.1.3(ii) of clause 24, Personal/Carer's Leave.

 

47.6.2 The employer and the employee will 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.

 

47.6.3 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.

 

48.  Accident Pay

 

48.1    An employer will pay and an employee will be entitled to receive accident pay in accordance with this clause.

 

48.2    Definitions - For the purposes of this clause and subject to the terms thereof the words hereunder will bear the respective definitions set out hereunder:

 

48.2.1 Workers' Compensation Act - The Workers' Compensation Acts applicable in New South Wales are the Workers’ Compensation Act 1987 as amended from time to time, and the Workplace Injury Management and Workers Compensation Act 1998 as amended from time to time.

 

48.2.2 Injury - Injury shall be given the same meaning and application as applying under the respective Workers’ Compensation Acts.  No injury occurring at the place of employment shall result in the application of accident pay unless an entitlement exists under such Acts.

 

48.2.3 Accident Pay -

 

(i)       Total Incapacity - In the case of an employee who is or is deemed to be totally incapacitated within the meaning of the Workers Compensation Acts means a weekly payment of an amount representing the difference between, on one hand, the total amount of compensation, including other allowances, paid to the employee during incapacity for the week in question and, on the other hand, the total weekly award rate and weekly overaward payment, if any, being paid to such employee at the date of the injury. Provided that, in making such calculation, any payment for overtime earnings, shift premiums, attendance bonus, incentive earnings under any system of payment of results, fares and travelling time allowances, penalty rates and any other ancillary payments payable by the employer will not be taken into account.

 

(ii)      Partial Incapacity - In the case of an employee partially incapacitated within the meaning of the Workers’ Compensation Acts, means a weekly payment of an amount representing the difference between, on the one hand, the total amount of compensation paid to the employee during incapacity for the week in question, together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the appropriate Accident or Workers' Compensation Tribunal or its equivalent in the State or Territory of employment or as agreed between the parties) and, on the other hand, the total weekly award rate and weekly overaward payment, if any, being paid to such employee at the date of the injury. Provided that, in making such calculation, any payment for overtime earnings, shift premiums, attendance bonus, incentive earnings under any system of payment by results, fares and travelling time allowances, penalty rates and any other ancillary payments payable by the employer will not be taken into account.

 

The total weekly award rate and weekly overaward payment abovementioned will be the same as that applying for a total incapacity. Provided that, where an employee receives a weekly payment of compensation under the Workers Compensation Acts and subsequently such payment is reduced pursuant to the said Act, such reduction will not increase the liability of the employer to increase the amount of accident pay in respect of that injury.

 

(iii)     Payment for Part of a Week - Where an employee receives accident pay and such pay is payable for incapacity for part of a week the amount will be a direct pro rata.

 

48.3    Qualifications for Payment - Always subject to the terms of this clause, an employee covered by this award will, upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Workers’ Compensation Acts, be paid accident pay by their employer who is liable to pay compensation under the respective Acts.  The liability by the employer for accident pay may be discharged by another person on the employer’s behalf, provided that:

 

48.3.1 Accident pay will only be payable to an employee whilst they remain in the employment of the employer by whom they were employed at the time of the incapacity. Provided that if an employee on partial incapacity cannot obtain suitable employment from their employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable.

 

Provided further that, in the case of the termination by an employer of an employee who is incapacitated and receiving accident pay, accident pay will continue to apply subject to the provisions of this clause except in those cases where:

 

(i)       the termination is due to serious and/or wilful misconduct on the part of the employee; or

 

(ii)      arises from a declaration of liquidation of the company, in which case the employee's entitlement shall be determined by the appropriate New South Wales legislation.

 

In order to qualify for the continuance of accident pay on termination an employee will, if required, provide evidence to their employer of the continuing payment of weekly workers' compensation payments.

 

48.3.2 Accident pay will not apply in respect of any injury sustained during the first five normal working days of incapacity.

 

48.3.3 An employee on engagement may be required to declare all workers' compensation and/or accident claims made pursuant to the Acts as herein defined in the previous five years.  In the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit their entitlement to accident pay under this award.

 

48.4    Maximum Period of Payment - The maximum period or aggregate of periods of accident pay to be made by an employer will be a total of 26 weeks for any one injury as defined in paragraph 48.2.2

 

48.5    Absences on Other Paid Leave - An employee will not be entitled to the payment of accident pay in respect of any period of paid annual leave or long service leave or for any paid public holiday in accordance with the appropriate award provisions.

 

48.6    Notice of Injury - An employee upon receiving an injury for which the employee claims to be entitled to receive accident pay will give notice in writing of the injury to their employer and of its manner of happening as soon as practicable and will provide in writing all other information as the employer may reasonably require.

 

48.7    Furnishing of Evidence - An employee who has suffered any injury for which they are receiving payment or payments for incapacity in accordance with the provisions of the respective Workers Compensation Acts will furnish evidence to the employer from time to time as required by the employer of such payments.  Compliance with this obligation will be a condition precedent to any entitlement under this clause.

 

Any employee who is receiving or who has received accident pay in respect of any injury will, if required by the employer or other person on the employer’s behalf, authorise their employer to obtain any information required concerning such injury or compensation payable from the insurance company.

 

48.8    Medical Examination - Nothing in this clause will in any way be taken as restricting or removing the employer's rights under the respective Workers Compensation Acts to require the employee to submit themself to examination by a legally qualified medical practitioner, provided and paid by the employer.  If the employee refuses to submit themself to such examination or in any way obstructs the same, the employee’s right to receive or continue to receive accident pay will be suspended until such examination has taken place.

 

Where in accordance with the respective Workers Compensation Acts a medical referee gives a certificate as to the condition of the employee and the employee’s fitness for work or specifies work for which the employee is fit and such work is made available by the employer and refused by the employee or the employee fails to commence the work, accident pay will cease from the date of such refusal or failure to commence the work.

 

Where an employer is unable to provide work of the nature stipulated by the medical referee, an employee will take all reasonable steps to obtain such work with another employer and, in the event of the employee’s failure to do so, payment of accident pay will cease.

 

48.9    Redemption or commutation of Weekly Payment - Where there is a redemption or commutation (as the case may be) of weekly compensation payments by the payment under the respective Act of a lump sum the employer's liability to pay accident pay will cease as from the date of such redemption or commutation.

 

48.10  Insurance Against Liability - Nothing in this clause will require an employer to insure against the employer’s liability for accident pay nor will it affect the right of an employer to terminate the employment of the employee.

 

48.11  Variation in Compensation Rates - Any changes in compensation rates under the respective Acts will not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.

 

48.12  Death of Employee - All rights to accident pay will cease on the death of an employee.

 

48.13  Safety Regulations - Without prejudice to the terms of this clause the Union will use its endeavours to have its members carry out all statutory and other regulations applicable to the employment of such members and to further carry out any orders relating to the preservation of safety given by or on behalf of any employer of its members.

 

48.14  Superannuation - An employer will pay superannuation contributions paid in accordance with clause 55, Superannuation, to an employee receiving accident pay in accordance with this clause.

 

49.  Jury Service

 

An employee required to attend for jury service during their ordinary working hours will be reimbursed by the employer, until discharged from such service, an amount equal to the difference between the amount paid in respect of the employee’s attendance for such jury service and the amount of the award classification rate the employee would have received had the employee not been on jury service. An employee will notify their employer as soon as possible of the date upon which they are required to attend for jury service. Further, the employee will give their employer proof of their jury service, the duration of such service and the amount received in respect of such service.

 

Provided that where an employee is working on afternoon shift and is required to attend for jury service and is empanelled or is required to remain until the afternoon session of Court, the employee will not be required to attend for work on the shift occurring on that day and will be entitled to reimbursement as indicated above.

 

50.  Blood Donors

 

A weekly employee who is absent during ordinary working hours to attend a recognised clinic for the purpose of donating blood will not suffer any deduction of ordinary pay, up to a maximum of two hours on each occasion and subject to a maximum of four separate absences each calendar year. Provided that such employee will arrange, as far as practicable, for their absence to be as close as possible to the beginning or the ending of their ordinary working hours.

 

Proof of the attendance of the employee at a recognised place for the purpose of donating blood, and the duration of such attendance, will first be furnished to the satisfaction of the employer. Further, the employee will notify their employer as soon as possible of the time and date upon which they are requesting to be absent for the purpose of donating blood.

 

51.  Attendance at Hospital

 

An employee suffering an injury through an accident arising out of and in the course of the employee’s employment (not being an injury in respect of which the employee is entitled to workers' compensation) necessitating the employee’s attendance during working hours at a doctor or at hospital, will not suffer any deduction from their pay for the time (not exceeding four hours) so occupied on the day of the accident, and will be reimbursed by the employer all expenses reasonably incurred in connection with such attendance.

 

52.  Parental Leave

 

(1)       Refer to the Industrial Relations Act 1996 (NSW).  The following provisions will 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 will 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 will 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 will 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 will also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a).

 

53.  Introduction of Change

 

53.1    Employer's Duty to Notify -

 

53.1.1 Where an employer is planning to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, whether or not a definite decision has been made, the employer will notify the employees who may be affected by the proposed changes, the Consultative Committee and their union.

 

53.1.2 "Significant effects" include termination of employment; major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where the award makes provisions for alterations of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

 

53.2    Employer's Duty to Discuss Change -

 

53.2.1 The employer will discuss with the employees affected, the Consultative Committee and their union, inter alia, the introduction of the changes referred to in clause 53.1.1, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and will give prompt consideration to matters raised by the employees, the Consultative Committee and/or their union in relation to the changes.

 

53.2.2 The discussions with employees affected, the Consultative Committee and their union will commence as early as practicable after the activities referred to in subclause 53.1.1.

 

53.2.3 For the purposes of such discussion, the employer will provide in writing to the Consultative Committee, and to the employees concerned and their union, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided that any employer will not be required to disclose confidential information the disclosure of which would be inimical to the employer's interests.

 

54.  Redundancy

 

54.1    Consultation and Provision of Information -

 

54.1.1 Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer will hold discussions with the employees directly affected and with their Union.

 

54.1.2 The discussions will take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of subclause 54.1.1 and will cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

 

54.1.3 For the purposes of the discussion the employer will, as soon as practicable, provide in writing to the employees concerned and their Union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer will not be required to disclose confidential information the disclosure of which would be inimical to the employer's interests.

54.2    Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in clause 54.1.1, the employee will be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

 

54.3    Severance Pay - In addition to the period of notice prescribed for ordinary termination in subclause 20.2, Terms of Engagement, and subject to further order of the Industrial Relations Commission of New South Wales, an employee whose employment is terminated for reasons set out in paragraph 54.1.1 will be entitled to the following amount of severance pay in respect of a continuous period of service:

 

54.3.1 If an employee is under 45 years of age, the employer will pay in accordance with the following scale:

 

Years of service	Under 45 years of age entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

54.3.2 Where an employee is 45 years of age or over, the entitlement will be in accordance with the following scale:

 

Years of service	45 years of age and over entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

"Week's pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award.

 

54.4    Employee Leaving During the Notice Period - An employee whose employment is terminated for reasons set out in paragraph 54.1.1, may terminate the employee’s employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee will not be entitled to payment in lieu of notice.

 

54.5    Alternative Employment - An employer, in a particular redundancy case, may make application to the Industrial Relations Commission of New South Wales to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

 

54.6    Time Off During Notice Period -

 

54.6.1 During the period of notice of termination given by the employer for reasons set out in paragraph 54.1.1, an employee will be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

 

54.6.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee will, at the request of the employer, be required to produce proof of attendance at an interview or the employee will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

 

54.7    Notice to Centrelink - Where a decision has been made to terminate employees in the circumstances outlined in paragraph 54.1.1, the employer will notify Centrelink thereof as soon as possible, giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

54.8    Superannuation Benefits - Award superannuation benefits payable upon termination will not be used in lieu of any severance payments made in accordance with this clause. Any non-award superannuation benefit payable upon termination will not be used in lieu of any severance payments made in accordance with this clause, other than by further order of the Industrial Relations Commission of New South Wales.

 

54.9    Transmission of Business -

 

54.9.1 Where a business is, before or after the date of this award, transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

 

(i)       the continuity of the employment of the employee will be deemed not to have been broken by reason of such transmission; and

 

(ii)      the period of employment which the employee has had with the transmittor or any prior transmittor will be deemed to be service of the employee with the transmittee.

 

54.9.2 In this subclause "business" includes trade, process, business or occupation and includes part of any such business, and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

 

54.10  Employees with less than 12 Months Service - This clause will not apply to employees with less than one year's continuous service and the general obligation on employers should be no more than to give the relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

54.11  Employees Exempted - This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, or neglect of duty or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specified task or tasks.

 

54.12  Employers Exempted - Subject to an order of the Industrial Relations Commission of New South Wales, in a particular redundancy case, this clause shall not apply to employers who employ less than 15 employees.

 

54.13  Incapacity to Pay - An employer, in a particular redundancy case, may make application to the Industrial Relations Commission of New South Wales to have the general severance pay prescription varied, on the basis of the employer's incapacity to pay within eight weeks of the termination of the employee(s).

 

55.  Superannuation

 

55.1    Preamble - Superannuation Legislation -

 

55.1.1 The subject of superannuation is dealt with extensively by federal legislation, including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and s.124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

55.1.2 Notwithstanding paragraph 55.1.1, the following provisions shall also apply:

 

55.2    Definitions -

 

55.2.1 "The Fund", for the purposes of this clause, will mean the:

 

(i)       Australian Retirement Fund established and governed by a Trust Deed on 11 July 1986, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; or

 

(ii)      subject to the agreement of the Secretary of the Union and its members, an employer- sponsored fund established prior to 1 July 1987 which complies with the Superannuation Industry (Supervision) Act 1993, and as set out in paragraph 55.7.2.

 

55.2.2 "Ordinary-time Earnings" - For the purposes of this clause, all references to ordinary-time earnings will mean and include:

 

(i)       award skill level or classification rate;

 

(ii)      supplementary payment (where relevant);

 

(iii)     overaward payment;

 

(iv)     shift loading - including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty, not when worked as overtime;

 

(v)       payment by results earnings;

 

(vi)     all non-reimbursable allowances payable under the award.

 

55.2.3 "The Table", for the purposes of this clause, means the following table:

 

Financial Year	Percentage
	Column A	Column B
1992-93 (1 July - 31 December)	4	3
1992-93 (1 January - 30 June)	5	3
1993-94	5	3
1994-95	5	4
1995-96	6	5
1996-97	6	6
1997-98	6	6
1998-99	7	7
1999-2000	7	7
2000-01	8	8
2001-02	8	8
2002-2013	9	9
2014-2015	9.25	9.25
2015 and subsequent years	9.5	9.5
2021 and subsequent years	10.0	10.0

 

(i)       Column A in the table above specifies the charge percentages where the employer's national payroll for the base year (the 1991-92 financial year) exceeded $1,000,000.

 

(ii)      Column B in the table above specifies the charge percentage where the employer's national payroll for the base year (the 1991-92 financial year) did not exceed $1,000,000.

 

(iii)     Subject to amendments to the charge percentages prescribed in the Superannuation Guarantee (Administration) Act 1992 (SGA Act), the above table is deemed to be changed to reflect amendments.

 

55.2.4 Red Circled Employee - For the purpose of this clause, a Red Circled Employee is an employee who was:

 

(i)       in the employ of an employer at 30 June 1995; and

 

(ii)      whose ordinary-time earnings were less than $380.60 at 30 June 1995; and

 

(iii)     the employee's superannuation entitlements prior to 30 June 1995 were greater than the superannuation percentage requirements under the Superannuation Guarantee (Administration) Act 1992.

 

A Red Circled Employee's superannuation entitlements are detailed in subclause 55.5.

 

55.3    Employers to Become a Party to the Fund -

 

55.3.1 A respondent employer will make application to the fund to become a participating employer in the fund and will become a participating employer upon acceptance by the Trustee of the fund.

 

55.3.2 A respondent employer will provide each employee who is not a member of the fund with a membership application form upon commencement of this clause and thereafter upon commencement of employment.

 

55.3.3 Each employee will be required to complete the membership application and the employer shall forward the completed application to the fund by the end of the calendar month of commencement of this clause or commencement of employment.

 

55.4    Eligibility of Employees -

 

55.4.1 Each employee will be eligible to join the fund upon commencement of employment.

 

55.4.2 Each employee will be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in clause 55.3.3 was forwarded to the fund.

 

55.5    Employer Contributions on Behalf of Each Employee -

 

55.5.1 Notwithstanding the provisions of subclause 55.5.2, and the legislation referred to therein, a respondent employer must contribute to the fund in respect of each employee, irrespective of the age and/or earnings of the employee, such contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992. Failure to comply with this paragraph will constitute a distinct and separate breach of this paragraph.

 

55.5.2 Red Circled Employee - A Red Circled Employee must not be disadvantaged in the provision of their superannuation entitlements by employers transferring from the Stage 1 system to the Stage 2 system of calculation of superannuation obligations outlined below.

 

For the purpose of this clause, an employee will be deemed to be a Red Circled Employee if:

 

(i)

 

(1)       in the employ of an employer at 30 June 1995; and

 

(2)       whose ordinary-time earnings were less than $380.60 at 30 June 1995; and

 

(3)       the employee's superannuation entitlements prior to 30 June 1995 were greater than the superannuation percentage requirements under the Superannuation Guarantee (Administration) Act 1992.

 

(ii)      The system of calculating a Red Circled Employee's full superannuation entitlements must be the Stage 1 system outlined in subparagraph 55.5.2(iii)(1), until such time as the employee's full superannuation entitlements would be equal to or greater under the Stage 2 system of calculation outlined in subparagraph 55.5.2(iii)(2).

 

(iii)

 

(1)       The Stage 1 system of calculating an employer's full superannuation obligations for an employee is by the provision of superannuation contributions as follows:

 

Full-time Adult	$14.00 per week
Juniors and Apprentices	$10.50 per week
Part-time and Casual:
working up to 30 hours per week	$10.50 per week
working 30 hours or more per week	$13.50 per week; and

 

(A)      1.32 per cent of ordinary-time earnings as defined in clause 55.2.2 if the employer's payroll was in excess of $1,000,000 as at 1 July 1992; or

 

(B)      0.32 per cent of ordinary-time earnings as defined in clause 55.2.2 if the employer's payroll was less than $1,000,000 as at 1 July 1992.

 

(2)       Subject to the provisions of subparagraph 55.5.2(ii), the Stage 2 method of calculating an employer's full superannuation obligations for an employee is by applying the relevant percentage as outlined in the table located in paragraph 55.2.3 to the employee's ordinary-time earnings.

 

Failure to comply with this subclause will constitute a distinct and separate breach of this subclause.

 

55.5.3 Such contribution will be made monthly by the last day of the month following, the total of the weekly contribution amounts accruing in the previous month in respect of each employee.

 

The amount of contributions to the fund will be calculated to the nearest ten cents, and any fraction below five cents will be disregarded.

 

55.5.4 The fund and the amount of contributions paid in accordance with this clause and subclause 55.6 will be included in pay advice notices provided by employers to each employee.

 

55.5.5 Contributions will continue to be paid in accordance with this subclause during any period in respect of which an employee is entitled to receive accident pay in accordance with clause 48, Accident Pay.

 

55.5.6 Unpaid Absences - Except as where specified in the rule of the fund, contributions by respondent employers in respect of unpaid absences will be proportional to the wage received by the employee concerned in a particular pay period. For the purpose of this clause, each pay period will stand alone. Accordingly, unpaid absences in one pay period will not carry over to another pay period.

 

55.5.7 Cessation of Contributions - A respondent employer's obligation to make contributions on behalf of the employee ceases on the last day of employment with the employer.

 

 

55.6    Employee Contributions -

 

55.6.1 An employee may make contributions to the fund in addition to those made by the respondent employer under subclause 55.5.

 

55.6.2 An employee who wishes to make additional contributions must authorise the respondent employer in writing to pay into the fund, from the employee's wages, amounts specified by the employee in accordance with the fund's Trust Deed and Rules.

 

55.6.3 An employer who receives written authorisation from the employee must commence making payments into the fund on behalf of the employee within 14 days of receiving the authorisation.

 

55.6.4 An employer may vary the additional employee contributions by a written authorisation and the employer must alter the additional contributions within 14 days of receiving the authorisation. An employee may only vary the employee’s additional contributions once each month.

 

55.6.5 Additional employee contributions to the fund, requested under this subclause, shall be expressed in whole dollars.

 

55.7    Exemptions -

 

55.7.1 An employer may make an application for exemption from subclause 55.6 of this clause in respect of contributions to the fund for employees who are not members of the Union.

 

Applications for exemption shall be determined in accordance with the Superannuation Test Case (Print L5100) and the December 1994 State Wage Case principles or any decision made in succession thereto.

 

55.7.2 It is recorded that the scheme specified in the first column hereunder is a scheme to which this paragraph applies and that the agreement of the Union and its members has effect on and after 1 July 1987.

 

(1)	(2)	(3)
Name of Scheme	Covered	Date of Effect of Union Agreement
Pacific Dunlop Superannuation Fund		1 July 1987

 

56.  Enterprise Bargaining

 

56.1    The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the clothing industry to enhance the career opportunities, quality of working life and job security of workers in the industry.

 

56.2    An employer, employees and the Union may develop an enterprise bargaining agreement in accordance with the provisions of this clause and Schedule E or such other procedures that are agreed in writing between the employer and the Secretary of the Union. The agreement will, to the extent of any inconsistency, take precedence over any provisions of this award.

 

56.3    In each workplace in the clothing industry seeking to develop an enterprise bargaining agreement, an employer, employees and the Union shall establish a consultative committee in accordance with Schedule E or such other procedures that are agreed in writing between the employer and the Secretary of the Union.

 

56.4    The basis for the work of the consultative committee will be to consider matters raised by committee members which impact on employees and/or which contribute to the improved operation and efficiency of the enterprise as outlined in subclause 56.1.

 

56.5    The matters raised for inclusion in an enterprise bargaining agreement may, amongst other things, involve:

 

spread of hours

shift work

job redesign and work organisation

work related childcare

vocational training

English language training

foundation education training

arrangement of leave

operation of payment by results systems

work health and safety

leave for special purposes

parental leave

job sharing

 

56.6    An enterprise bargaining agreement will not act to:

 

56.6.1             reduce the award rate in accordance with clause 6, Rates of Pay;

 

56.6.2             increase the ordinary hours of work in any roster system beyond an average of 38 hours per week;

 

56.6.3             reduce the quantum of meal money in accordance with clause 17, Meal Money;

 

56.6.4             reduce the number or duration of rest periods contained in clause 18, Rest Period;

 

56.6.5             reduce the quantum of period of notice in accordance with clause 20, Terms of Engagement;

 

56.6.6             reduce the quantum of annual leave and annual leave loading in accordance with clause 21, Annual Leave;

 

56.6.7             reduce the quantum of sick leave entitlement in accordance with clause 23, Sick Leave;

 

56.6.8             reduce the quantum of holidays in accordance with clause 28, Holidays;

 

56.6.9             affect the provisions of clauses 31, Contract Work, 32, Outworkers, and 33, Registration of Employers, for the purpose of clauses 31 and 32;

 

56.6.10           reduce the quantum of bereavement leave in accordance with clause 47, Bereavement Leave;

 

56.6.11           reduce the quantum of accident make up pay in accordance with clause 48, Accident Pay;

 

56.6.12           reduce the quantum of unpaid leave in accordance with clause 52, Parental Leave;

 

56.6.13           reduce the quantum of severance pay in accordance with clause 54, Redundancy;

 

56.6.14           reduce the quantum of superannuation contributions in accordance with clause 55, Superannuation.

 

57.  Anti- Discrimination

 

57.1    It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex marital status, disability, homosexuality, transgender identity age and responsibilities as a carer.

57.2    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.

 

57.3    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.

 

57.4    Nothing in this clause is to be taken to affect:

 

57.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;

 

57.4.2 offering or providing junior rates of pay to persons under 21 years of age;

 

57.4.3 any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

57.4.4 a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

57.5    This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

NOTES:

 

(a)       Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)       Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".

 

58.  Area, Incidence and Duration

 

58.1    This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Clothing Trades (State) Award published 20 December 2019 (385 I.G. 952), and all variations thereof.

 

58.2    The award published 20 December 2019 took effect from the beginning of the first pay period to commence on or after 13 March 2019.  The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

58.3    It will apply to employees referred to in clause 6, Rates of Pay, within the jurisdiction of the Clothing Trades (State) Industrial Committee.

 

58.4    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 4 November 2021.

 

59.  Appendix A - Form of Indenture of Apprenticeship

 

This indenture, made the .................. day of ................ 20 .............. between employer, apprentice, and their executors, administrators or assignees, witnesses that the said employer does hereby covenant with the said apprentice, and the said parent or guardian, that he or she, the said employer will:

 

(a)       Take and receive the said apprentice as his or her apprentice for the full term of .......... years from the ......... day of  ........... 20 .........

 

(b)       To the best of his or her power, knowledge and ability to teach and instruct, or cause to be taught and instructed, the said apprentice in the art and craft of ....................

 

(c)       Pay to the said apprentice (during such time as he or she shall observe and perform the term of this indenture) at least the wage set forth in this award.

 

(d)       Pay to the said apprentice such further rates for overtime worked as may be fixed by this award.

 

(e)       Within 14 days from the date hereof, place the said apprentice under the direction of a qualified person.

 

(f)       On completion of the term herein named, hand over to the said apprentice a copy of this indenture, with a certificate to the effect that the said term has been served. Provided that this shall be conditional on the said apprentice serving the said term and observing and fulfilling the covenants herein,

 

and the said apprentice and parent or guardian does covenant with the said employer that he or she, the said apprentice, during the said term will:

 

(a)       Faithfully and honestly serve the said employer as an apprentice in his or her trade or business aforesaid.

 

(b)      Willingly obey the lawful order and commands of the said employer or such of his or her representatives as he or she, the said apprentice, will be placed under the said business.

 

(c)       Not wilfully do or commit or wilfully suffer to be done or committed, any waste, damage or other injury to the property or goods of the employer or any firm or company of which he or she may be a member, or lend them to any person without the consent of the said employer.

 

(d)      Not unlawfully absent himself or herself from the services of the said employer during business hours.

 

(e)       Not by word or action induce other apprentices to disobedience, and it is hereby specially agreed by all parties to this indenture -

 

(i)       That this indenture may be assigned, suspended or cancelled:

 

(1)       by mutual consent of the parties after seven days notice by either party; or

 

(2)       by the employer, subject to the approval of the Industrial Committee if, through lack of orders or through financial difficulties, he or she is unable either to find suitable employment for the apprentice or a transfer to another employer cannot be arranged; or

 

(3)       by the Industrial Committee.

 

(ii)      That the said apprentice will not be paid for any time he or she shall be absent from his or her duties through his or her own wilful default and neglect or through illness, except as prescribed in clause 23, Sick Leave, or through absenting himself or herself from his or her employer's service without leave or licence, but in all other circumstances the said apprentice will be paid his or her wage in full each week.

 

(iii)     That the employer may (if authorised by the Industrial Committee) stand down the apprentice without pay at any time when no work is offering or may deduct payment for any time for which the apprentice cannot be usefully employed because of a strike by the Union or any other union, or because of any stoppage of work, or because of any failure or lack of power or any restrictions on the use of, or shortage of power, or for any cause for which the employer cannot reasonably be held responsible.

 

(iv)     That the said apprentice will not be entitled to a higher rate of pay until he or she has actually worked for a period of six months in the next preceding rate.

 

(v)       That, in computing the period of six months, all time worked as overtime will be allowed as a set-off against any absence during the said period.

 

(vi)     On the completion of the term of apprenticeship created by the indenture of apprenticeship the employer will forthwith endorse and sign the former apprentice's copy of the indenture with the notation that the apprenticeship was completed on the ............. day of.............. 20 ..................

 

And for the true performance of all and every of the said covenants and agreements each of the said parties binds himself or herself (as the case may be) to the others by these presents. Signed, sealed and delivered by the said

 

Witness:

 

Apprentice

Witness:

 

Parent or Guardian

Witness:

 

Employer

 

Assignment of the Within Indentures:

 

The within-named employer does hereby, with the consent of ................................ (parent), assign the within indenture and the services thereunder of the within-named

 

apprentice, .......................... unto .....................................

 

of ................................... for .........................the unexpired portion of the within-named terms of ...........and the said ..................... does hereby declare its acceptance of such apprentice, and acknowledge itself to be bound by the agreement, engagement, obligations and covenants on the part of the employer of such apprentice, to be done and performed as fully as if it had entered into the same as a party under that indenture.

 

In witness whereof the parties hereunto have set their hands and seals

 

this ....................... day of .................... two thousand and ................................

 

Signed, sealed and delivered by the said:

 

Witness:

 

Employer

Witness:

 

Parent

Witness:

 

Apprentice

Witness:

 

Assignee Employer

 

60.  Appendix B - Form of Declaration - Amenities

 

60.1

 

60.1.1 The terms "reasonably convenient to the working area" as applied to dining rooms in clause 37.6, Amenities, and to rest rooms in subclause 37.7 will mean that, in any building where no passenger lift is available to the employees, the dining and/or rest room may be located on the same floor as the working area or on the floor immediately above or below the working area.

 

60.1.2 Where the dining room and/or rest room is more than one floor but less than three floors removed either above or below the working area in any building where no passenger lift is available to the employees, the location will be deemed to be reasonably convenient if it meets with the approval of the Union and a written declaration to this effect, signed by the employer concerned and by an authorised representative of the Union, in the form as hereinafter contained, is lodged with the Industrial Registrar or a Deputy Industrial Registrar.  In the event of the employer being unable to obtain the approval of the union the matter may be referred to the Industrial Relations Commission of New South Wales, which will then determine whether or not the location is reasonably convenient. If the Commission determines that the location is reasonably convenient it will make a written declaration to this effect.

 

60.1.3 Where the dining room and/or rest room is three or more floors removed either above or below the working area in any building where no passenger lift is available to the employees, the location will be deemed not to be reasonably convenient.

 

60.2    Where a dining room is located so as to require employees to move in the open without shelter, or to require employees to traverse a considerable distance from the working area or part of the working area to the dining room, the Union or the employer concerned may apply to the Industrial Committee to determine whether or not the location of the dining room is reasonably convenient.  If the Committee determines that the location is reasonably convenient, it will make a written declaration to this effect.  Provided that if the Committee determines that the location is not reasonably convenient, the disability allowance as provided in clause 46, Disability Allowance, will only be payable as from the date of such decision of the Committee.

 

60.3    Where, pursuant to paragraph 37.7.1 Amenities, a common rest room with the approval of the Union is provided for the employees of two or more employers, such rest room will be deemed to be "reasonably convenient" to the working area and a written declaration to this effect signed by the employer concerned and a representative of the union in the form provided herein will be lodged with the Industrial Registrar or a Deputy Industrial Registrar.

 

60.4    Where the Union considers the passenger lift facilities, where provided, to be unsatisfactory the matter may be referred to the Industrial Relations Commission of New South Wales for determination.

 

60.5    Any declaration made pursuant to the above provisions will continue to apply until revoked by the parties, the Committee or the Industrial Relations Commission of New South Wales, in the event of a significant change in circumstances to those existing as at the date of the declaration.

 

FORM OF DECLARATION - CLOTHING TRADES AWARD - AMENITIES

 

This declaration made the ............................ day of ........................ 20 ......... by The Textile Clothing and Footwear Union of New South Wales and employer(s) declares that the dining room(s) and/or rest room(s) at the premises of the above employer(s) situated at ............................ as at the date of this declaration will be deemed to be acceptable and "reasonably convenient" to the working area for the purpose of clause 37, Amenities, of the Clothing Trades (State) Award.

 

Signed:

 

For and on behalf of The Textile Clothing and Footwear Union of New South Wales.

 

For and on behalf of the employer.

61.  Schedule A - Consultative Committees

 

(Subject to the provisions of the Industrial Relations Act 1996)

 

61.1    Composition -

 

61.1.1 A consultative committee will include:

 

at least 50% Union/employee representatives; and

 

at least one senior management representative.

 

61.1.2 Management, the Union and the employees will jointly determine the size of the committee.  A committee shall consist of no fewer than four members and no more than ten.

 

61.1.3 The election/appointment of management representatives will be determined by management, and the election of Union/employee representatives will be determined by the Union. Where there is a Union delegate they must be a Union/employee representative.

 

61.1.4 In the determination of Union/employee representatives on the committee, consideration shall be given to:

 

the makeup of the workforce, in particular the proportion of women, people from a non-English speaking background and juniors;

 

the size of the workforce;

 

the number of distinct operations at the workplace;

 

shift arrangements;

 

the corporate structure;

 

other existing consultative mechanisms.

 

61.1.5 Where an enterprise is comprised of a number of sites or distinct workplaces, the number of committees to be established will be determined jointly by management and the Union, depending on the size and operation of the enterprise and its separate components. Should more than one committee be established, a peak committee will be established to ensure a co-ordinated approach.

 

61.1.6 The committee, once established, may invite persons to attend specific meetings.

 

61.1.7 An official of the Union will have a right to be present and participate in the deliberation of the committee.

 

61.2    Term of Office -

 

61.2.1 Members elected or appointed to the committee will hold office for a period of twelve months, and will be required to be re-elected or re-appointed each subsequent year. It is the responsibility of each committee member to attend meetings on a regular basis and to represent the views and opinions of those people they represent.

 

61.2.2 If a member of the committee ceases employment with the enterprise or resigns from the committee, a new election or appointment will be made in accordance with 61.2.1.

 

61.3    Terms of Reference - The following matters will form the basis for the work of the committees. Each committee will seek to reach agreement on the matters set out below and make recommendations to senior management who will take into account the views and the deliberations of the committee prior to making its final decisions:

 

61.3.1 To implement the restructured award in the workplace.

 

61.3.2 To review the implications and/or impact on the enterprise of major external influences, including the Australian Government textile, clothing and footwear industries development plan.

 

61.3.3 To consider the introduction of new or revised work methods/work arrangements.

 

61.3.4 To give consideration to the impact of technological change and other significant changes in the organisation or workplace, with regard to:

 

number of employees, job specifications and current skill base; and

 

acquisition of new skills and additional training requirements.

 

61.3.5 To develop a framework for skills development and provisions of training within the workplace, including English language training and the provision of foundation education.

 

61.3.6 To assess proposed changes in product or product orientation for possible impact on work method/work arrangements, employment and skill requirements.

 

61.3.7 To give consideration to equal employment opportunity principles in the context of award restructuring in the workplace.

 

61.3.8 To consider the provision of work related child care and, in particular, the Australian Government work based child care program.

 

61.3.9 To consider other matters raised by consultative committee members which impact on employees or which contribute to the improved operation and efficiency of the enterprise.

 

61.4    Procedural Guidelines -

 

61.4.1 Chairperson - A chairperson will be elected by the committee from within the committee and will alternate each meeting between management and Union/employee representatives.

 

61.4.2 Secretary - A Secretary will be appointed for the purposes of recording minutes, preparation and distribution of agendas and other administrative duties. The administrative requirements of this position will be provided by the employer.  The person appointed to this position will not be a member of the committee.

 

61.4.3 Agenda - All members of the committee will have a right and a responsibility to submit agenda items. The agenda, minutes and any relevant background documentation will be circulated one week prior to the meetings.

 

61.4.4 Preparation - Reasonable time in working hours will be provided to Union/employee representatives for the purpose of preparing for the meeting. Union/employee representatives and an official of the Union may, at a time convenient to the employer, during working hours, hold meetings with the workforce or part of the workforce prior to meetings of the committee.

 

61.4.5 Meetings - The committee will meet at least every two months, unless the committee determines that it shall meet on a more frequent basis.

 

The meetings of the committee will be held at a place and time convenient to management but will be held during normal working hours. Attendance at committee meetings will be treated as and paid for as time worked.

 

A reasonable time limit will be placed on the length of meetings. Enough time will be provided to adequately deal with the agenda items. Meetings will operate on a consensus basis.

 

61.4.6 Minutes - The Secretary of the committee will minute the proceedings of each meeting of the committee. The minutes will be circulated to each member of the committee within one week of the meeting, verified by committee members prior to the next meeting, and signed by the chairperson at the next meeting of the committee as a true and correct record of the proceedings of the committee.

 

61.4.7 Future Meetings - The date of the next meeting of the committee will be set at the close of the previous meeting.

 

61.4.8 Confidentiality - All members of the Consultative Committee and the Secretary of the committee will accept that, whilst the spirit of genuine consultation is to be paramount, at no time shall the committee have placed before it any matter, the confidentiality of which is in the company's best interests, or where confidentiality has been specifically agreed with a third party.

 

61.4.9 Management Response - Senior management must formally respond to the committee's recommendations. Normally this will take place prior to the next meeting of the committee.

 

61.5    Feedback -

 

61.5.1 The minutes of the meetings of the committee will be kept by the Secretary of the committee and will be available upon request to any employee or any other person approved by the committee. As a matter of course, minutes will be forwarded to the Secretary of the Union.

 

61.5.2 Minutes of the committee meeting will be posted on the noticeboards after ratification by the meeting.

 

61.5.3 Reasonable time in working hours will be provided to Union/employee representatives for the purpose of reporting back on items raised and agreements reached at the meeting. Union/employee representatives may, at a time convenient to the employer, during working hours, hold meetings with the workforce or part of the workforce following meetings of the committee.

 

A reasonable time limit will be placed on the length of meetings. Enough time will be provided to adequately deal with the agenda items. Meetings will operate on a consensus basis.

 

61.6    Training - All members of the committee will be entitled to training in meeting procedures and relevant related skills required to ensure that they are in a position to represent their constituents and play an active role in the operation of the committee. The nature, time and extent of training provided will be determined between management and the Union.

 

61.7    Evaluation - A review of these procedures will be conducted at the end of each twelve months’ operation.

 

62.  Schedule B - Request to the Union by the Outworker to Reduce the Number of Hours Worked Part-Time

 

Please complete in English

 

Outworker's Name:

 

Address:

 

Telephone:

 

Employer's Name:

 

Address:

 

Telephone

 

Registration Number:

 

I wish to reduce the number of hours I work on a part-time basis to a minimum of 15 hours per week over 12 months, starting on

 

Outworker's Signature

 

Date

 

Please send this form to the Secretary of The Textile Clothing and Footwear Union of New South Wales.  A copy, signed by the Secretary of the Union, will be returned to the outworker.

 

Secretary's Signature

 

Date

 

63.  Schedule C - Information to be Given to Outworkers

 

If you work at home or outside a factory making garments or parts of garments or sewing sheets, etc., you may be an outworker.

 

If you are an outworker, you are entitled to the same wages and conditions, in general, as workers in clothing factories.

 

The Clothing Trades (State) Award sets out legally enforceable rights and obligations.  This applies to all outworkers, including employees, independent contractors, and holders of business name registrations.

 

According to this law, some of the entitlements outworkers must receive are set out below:

 

Hours of Work - An outworker may only be employed to work full-time, which is 38 hours a week, or part-time, which must be at least 15 hours per week. The hours must be agreed to in advance by the outworker and the employer.  This means you are guaranteed payment for the agreed number of hours per week, even if you are not given any work, unless you are stood down in accordance with the award.

 

You cannot be required to work on Saturdays, Sundays or public holidays. You may agree to work on those days if asked to do so by your employer. You will have to be paid overtime rates if you do work on those days.

 

As a full-time or part-time worker, you can only be required to work seven hours and 36 minutes each day. If you are asked by your employer to work more than this number of hours, you must be paid overtime.  This means that, even if you are paid by the piece, you cannot receive less than the hourly award rate of pay.

 

Overtime - If you agree to work more than seven hours and 36 minutes in a day, Monday to Friday, you must be paid one and a half times the normal hourly rate for each hour over the seven hours and 36 minutes.  For every hour you agree to work on a Saturday, Sunday or public holiday, you must be paid double the normal hourly rate.

 

Wages - These are set by the Textile Clothing Footwear and Associated Industries Award 2020.  Remember, the law says you must not be paid less than the hourly rate according to the award.

 

Annual Leave (Holidays) - You are entitled to annual leave. You should get 20 working days paid leave for every year you work full-time. You should be paid before you go on holidays, and this holiday pay should include an extra amount - a holiday leave loading - of 17.5 per cent of your pay.  This amount of annual leave for part-time workers depends on the hours you work in a 12-month period. The Textile Clothing and Footwear Union of New South Wales or Department of Industrial Relations or Australian Business Industrial will help you to work this out.  Payment for public holidays (such as Christmas or New Year's Day), which occur when you are on leave, should be added on to your holiday pay.

 

Public Holidays - If you normally work on a day on which a public holiday falls, you should receive a day's pay without working on that day.  The public holidays that apply in New South Wales are New Year's Day (1 January), Australia Day (26 January), Good Friday, Easter Saturday, Easter Monday and Easter Tuesday in March or April, Labour Day, ANZAC Day (25 April), Queens Birthday in June, Christmas Day and Boxing Day (25 and 26 December).

 

Superannuation - By law, your employer has to make a superannuation contribution of ten percent to an approved fund, for you. Normally this would be the Australian Retirement Fund, which is approved by both union and employer organisations The Textile Clothing and Footwear Union of New South Wales or Department of Industrial Relations or Australian Business Industrial will help you to work this out.

 

Workers' Compensation - If you become ill or suffer injury as a result of the work you do you may be entitled to workers' compensation, which helps you pay for any treatment you might need to get better, and for time off work.  The laws covering workers' compensation in New South Wales are the Workers’ Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998.  It is important that you contact The Textile Clothing and Footwear Union of New South Wales or Department of Industrial Relations or Australian Business Industrial for information and help to make a claim.

 

Materials - Your employer must provide all necessary materials, trimmings and sewing threads for the work you are doing.

 

Delivery and Pick Up - The employer must deliver and pick up the work free of charge to you.

 

Record of Work - Every time you receive work you should keep a record.  This should show:

 

employer's name, address and telephone number;

 

the date you receive the work and the date the work was completed;

 

the number of hours and days it took to do the work;

 

the number of items, what the item is and how long it took to make each item;

 

the total amount of money paid for the completed work.

 

For further information on your rights and entitlements, please contact one of the following organisations:

 

The Textile, Clothing and Footwear Union of New South Wales

C/- CFMMEU - Manufacturing Division

Level 2, 165 Bouverie Street, Carlton, Victoria, 3053 (Tel) 1800 060 556 (Email) industrial@ cfmeumd.org

 

Australian Business Industrial, 140 Arthur Street, North

Sydney NSW 2059. Tel. (02) 9548 7500.

 

Department of Industrial Relations, 1 Oxford Street, Darlinghurst NSW 2010. Tel. (02) 9243 8888.

 

64.  Schedule D - Broadbanding Arrangements*

 

Former transitional wages classification system to facilitate the introduction of skill levels in 1994. Retained for historical reference only.

 

Group A - Order Tailoring for Males - The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or work incidental thereto of all male outer garments of any description (including dressing gowns) cut and made to chart measure or cut and made to an individual measure and garments that are fitted on shall be as follows:

 

			Wage band No
1	Cutter, marking in and/or cutting out		5
2	Trimmer, marking in and/or cutting out linings and trimmings		3B
3	Fitter up and/or shaper		3B
4	Head of table or bench of machines in charge of four or more persons - above appropriate machinist rate		As set in Item 1 of Table 2 of Part B
5	Tailor or tailoress employed making and/or altering coats by hand or by machine and who in the ordinary course of employment is performing similar work to that ordinarily performed by an order Tailor		4
6	Coat maker engaged on three of any of the following operations:		3B
	(a)	canvassing fore-parts by hand;
	(b)	basting-under, basting out facings by hand;
	(c)	inserting pads, basting on undercollars and basting in
		sleeves for try on;
	(d)	hand felling top collars;
	(e)	basting-in sleeves by hand and working sleeve heads.
7	Employees employed making and/or altering by hand or by machine any part of a dress coat, tuxedo, frock coat, dinner jacket, or body coats of all descriptions		3B
8	Coat table hand or coat machinist		2B
9	Trouser hand or trouser machinist		2A
10	Vest table hand or vest machinist		2A
11	Embosser, embroiderer, cornelli worker		2B
12	Presser, pressing off and/or underpressing		3A
13	Examiner examining for faults in construction		3B
14	All others not herein classified		3B

 

Group B - Order Tailoring for Females - The weekly wage for every description of work done in connection with order tailoring for females, which includes the making and/or altering and/or repairing and/or work incidental thereto of tailored female outer garments cut and made to chart measure or cut and made to an individual measure and garments that are fitted on, shall be as follows:

 

15	Cutter marking in and/or cutting out		5
16	Trimmer marking in and/or cutting out linings or trimmings		3B
17	Fitter up and/or shaper		3B
18	Head of a table or a bench of machines in charge of four or more persons - above appropriate machinist rate		As set in Item 1 of Table 2 of Part B
19	Tailor or tailoress employed making and/or altering coats by hand or by machine and who in the ordinary course of employment is performing similar work to that ordinarily performed by an order tailor		4
20	Coat maker engaged on three of any of the following operations:		3B
	(a)	canvassing fore-parts by hand;
	(b)	basting-under, basting out facings by hand;
	(c)	inserting pads, basting on under collars and basting - in sleeves for try on;
	(d)	hand felling top collars;
	(e)	basting-in sleeves by hand and working sleeve heads.
21	Coat table hand or coat machinist		2B
22	Skirt maker and/or machinist		2A
23	Outer leg wear maker and/or machinist		2A
24	Embosser, embroiderer, cornelli worker		2B
25	Presser pressing off and/or under-pressing		3A
26	Examiner examining for faults in construction		3B
27	All others not herein classified		1A

 

Group C - Ready Made Clothing for Males - The provisions contained in this group shall not apply to the making of cardigans, pullovers and knitted swimsuits in establishments of employers wherein the principal business of such employer consists of the knitting of materials and the making of garments so knitted. The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or work incidental thereto of all male outer garments of any description (including dressing gowns), excepting those specified in Groups A and I, shall be as follows -

 

28	Cutter laying up and/or marking in and/or using marker lay and/or		4
	cutting out
29	Die cutter in cutting room		4
30	Trimmer marking in and/or cutting out linings or trimmings		3B
31	Fitter up and/or shaper		3B
32	Head of a table or a bench of machines, in charge of four or more persons - above appropriate machinist rate		As set in Item 2 of Table 2 of Part B
33	Tailor or tailoress		4
34	Alteration or repair hand (tailor or tailoress)		4
35	Alteration hand (other than tailor or tailoress) in retail establishment		3A
36	Coat table hand or coat machinist		2B
37	Trouser table hand or trouser machinist		2A
38	Vest table hand or vest machinist		2A
39	Presser pressing off and/or under pressing garments other than the garment which the employee is making		3A
40	Durable crease setters and/or sprayers		2B
41	Seam presser and/or seam opener by machine or by hand		2A
42	Canvas fuser and/or air operated fusing machine operator other than on a Hoffman type press		2A
43	Embosser, embroiderer, cornelli worker		2B
44	Proofer		2A
45	Examiners examining for faults in construction:
	(a)	tailor or tailoress	3B
	(b)	Others	2B
46	Brusher and folder		2A
47	Hand sewer of buttons, hooks, eyes, press studs and the like		2A
48	Operator, electronic welding machine		1B
49	Operator of press stud or riveting machine		1B
50	Transporter operator, i.e., employee operating console		2B
51	All others not herein classified		1A

 

Group D - Order Dressmaking - The weekly wage for every description of work done in connection with order dressmaking which includes the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of all female outer garments of any description (including dressing gowns) cut and made to an individual measure and garments that are fitted on, other than such items of outer wearing apparel as are specified in Group B hereof, shall be as follows:

 

52	Cutter, marking in and/or cutting out	5
53	Head of a table or a bench of machines, in charge of four or more persons above appropriate machinist rate	As set in - Item 1 of Table 2 of Part B
54	Table hand or machinist	2B
55	Presser operating Hoffman type press or hand iron more than 3.63 kg (8lbs)	3A
	in weight (not counterbalanced)
56	Presser pressing off and/or under- pressing - other	2B
57	Pleater making patterns and pleating by hand or by machine	3B
58	Pleater, rolling in by hand or machine and/or inserting pleat into pattern	2A
59	Embosser, embroiderer, cornelli worker	2B
60	Fitter-on trying on to a customer unfinished or finished garments	3A
61	Hand sewers of buttons, hooks, eyes, press studs and the like	2A
62	All others not herein classified	1A

 

Group E - Ready Made Dressmaking and Ready Made Tailoring for Females - The provisions contained in this group shall not apply to the making of cardigans, pullovers and knitted swimsuits in establishments of employers wherein the principal business of such employer consists of the knitting of materials and the making of garments so knitted. The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of all descriptions of ready made garments or outer wearing apparel for females, excepting those specified in Groups B, D and I, which shall include tea, dressing or house gowns, blouses, fronts, collars, collarettes, cuffs and children's garments (other than those included in Group F), shall be as follows:

 

63	Cutter, marking in and/or cutting out	4
64	Die cutter in cutting room	4
65	Trimmer marking in and cutting out linings and/or trimmings	3B
66	Fitter up and/or shaper	3B
67	Head of a table or a bench of machines, in charge of four or more persons - above appropriate machinist rate	As set in Item 2 of Table 2 of Part B
68	Tailor or tailoress	4
69	Table hand, finisher or machinist including the making of fronts, collars, collarettes, cuffs or shoulder pads	2B
70	Embosser, embroiderer, cornelli worker	2B
71	Alteration hand (other than tailor or tailoress) in retail establishment	3A
72	Presser pressing off and/or under- pressing operating Hoffman type press or hand iron more than 3.63 kg (8 lbs.) in weight (not counterbalanced)	3A
73	Presser pressing off and/or under- pressing - other	2B
74	Fusing machine operator	2B
75	Seam presser and/or seam opener by machine or hand	2A
76	Durable crease setter and/or sprayer	2B
77	Pleater making patterns and pleating by hand or by machine	3B
78	Pleater, rolling in by hand or by machine and/or inserting pleat into Pattern	2A
79	Examiner, examining for faults in construction	2B
80	Hand sewer of buttons, hooks, eyes, press studs and the like	2A
81	Operator, electronic welding machine	1B
82	Operator of press stud or riveting machine	1B
83	Transporter operator, i.e., employee operating console	2B
84	All others not herein classified	1A

 

Group F - Underclothing - The provisions contained in this group shall not apply to establishments of employers wherein the principal business of such employers consists of the knitting of goods and making of garments from goods so knitted. The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of all descriptions of underclothing for females which includes corsets, brassieres, nightgowns, pyjamas, pinafores and aprons for females and sunsuits, playsuits and similar garments for children not exceeding eight years of age shall be as follows:

 

85	Cutter marking in and/or cutting out	4
86	Die cutter in cutting room	4
87	Head of a table or a bench of machines, in charge of four or more persons - above appropriate machinist rate	As set in Item 2 of Table 2 of Part B
88	Machinist	2A
89	Adornment worker	2A
90	Table hand and/or finisher	2A
91	Presser and/or ironer operating Hoffman type press or hand iron more than 3.63 kg. (8 lbs) in weight (not counterbalanced)	3A
92	Presser and/or ironer - other	2A
93	Transferrer	2A
94	Examiner examining for faults in construction	2A
95	Hand sewer of buttons, hooks, eyes, press studs and the like	2A
96	Transporter operator, i.e., employee operating console	2A
97	All others not herein classified	1A

 

Group G - Whitework - The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of all descriptions of whitework which shall include all descriptions of napery and/or sheets and/or pillow slips and/or pillow shams and/or diapers and/or handkerchiefs and/or towels and/or chenille bedspreads and/or mosquito nets and/or chenille bathmats, and when made in clothing and whitework factories, toys and/or lamp shades and/or cot covers and/or blankets and/or bedspreads, shall be as follows:

 

98	Cutter marking in and/or cutting out	4
99	Die cutter in cutting room	4
100	Head of a table or a bench of machines, in charge of four or more persons - above appropriate machinist rate	As set in Item 2 of Table 2 of Part B
101	Machinist and/or table hand	2A
102	Transferrer and/or adornment worker	2A
103	Presser and/or ironer operating Hoffman type press or hand iron more than 3.63 kg (8 lbs) in weight (not counterbalanced)	3A
104	Presser and/or ironer - other	2A
105	Examiner	2A
106	Dyer and/or bleacher (chenille)	3A
107	Vat attendant (chenille)	2A
108	Divider of material	2A
109	All others not herein classified	1A

 

Group H - Collars, Shirts, Ties, Scarves and Pyjamas - The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of collars, ties, scarves, cuffs, shirts, shirt fronts, pyjamas for males, singlets or underpants (except knitted goods) shall be as follows:

 

110	Cutter marking in and/or cutting out	4
111	Die cutter in cutting room	4
112	Head of a table or a bench of machines, in charge of four or more persons - above appropriate machinist rate	As set in Item 2 of Table 2 of Part B
113	Machinist and/or table hand and/or adornment 2A Worker	2A
114	Presser and/or ironer operating Hoffman type press or hand iron more than 3.63 kg (8 lbs) in weight (not counterbalanced)	3A
115	Presser and/or ironer - other	2A
116	Fuser	2A
117	Examiner examining for faults in construction	2A
118	Transporter operator, i.e. employee operating console	2A
119	All others not herein classified	1A

 

Group I - Industrial Clothing - The weekly wage for every description of work done in the making and/or work incidental thereto of industrial clothing for males and females which includes industrial uniforms, overalls (excluding what are known in the trade as shaped garments), boiler suits, dust coats and industrial shorts, made from materials other than woollen or worsted shall be as follows:

 

120	Cutter marking in and/or cutting out	4
121	Die cutter in cutting room	4
122	Head of a table or a bench of machines, in charge of four or more persons - above machinist rate	As set in Item 2 of Table 2 of Part B
123	Machinist and/or table hand	2A
124	Presser and/or ironer operating Hoffman type press or hand iron more than 3.63kg. (8 lbs) in weight (not counterbalanced)	3A
125	Presser and/or ironer - other	2A
126	Examiner	2A
127	Operator, electronic welding machine level 1 engaged in the manufacture of other industrial safety equipment or exercising skill with no requirement to reset machine or mould regularly	1B
127A	Operator electronic welding machine level 2 engaged in the manufacture of industrial safety clothing of whatever nature or constructing the whole of a garment or adapting setting of machine regularly to different tasks	2B
128	Operator of press stud or riveting machine	1B
129	Transport operator, i.e., employee operating console	2A
130	All others not herein classified	1A

 

Group J - Headwear - The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or adorning and/or work incidental thereto of any kind of hats, caps, bonnets, helmets, berets or any other kinds of headwear (except such hats as are made under the provision of the Felt Hatting Award) shall be as follows:

 

131	Cutter other than milliner	4
132	Head of a table or a bench of machines in charge of four or more persons - above machinist rate	As set in Item 2 of Table 2 of Part B
133	Hand blocker	4
134	Machine blocker	3A
135	Helmet maker	2B
136	Cap maker	2B
137	Machinist and/or table hand	2A
138	Model milliner designing original models	3A
139	Milliner	2A
140	Presser and/or ironer operating Hoffman type press or hand iron more than 3.63kg (8 lbs) in weight (not counterbalanced)	3A
141	Presser and/or ironer - other	2A
142	Operator, electronic welding machine	1B
143	All others not herein classified	1A

 

Group K - Umbrella - The weekly wage for every description of work done in connection with the making and/or altering and/or repairing and/or work incidental thereto of any description of umbrellas, or parasols, or the like, shall be as follows -

 

144	Gore cutter, marking in and/or cutting out	3B
145	Machinist	2A
146	Examiner	2A
147	Hand ironer	2A
148	Frame maker	2A
149	Umbrella assembler, including rib assembling, band fixing, topping, clipping in, rolling, studding, pulling up and fitting handles, angle joints, runner, notches, bells and spikes	1B
150	All others not herein classified	1A

 

Group L - Fur Trade - The weekly wage for every description of work done in connection with the making and/or altering and/or remodelling and/or repairing and/or work incidental thereto of all types of garments or articles such as coats, jackets, capes, headwear, scarves, collars, cuffs, neckwear, muffs, rugs, mats and toys made in the establishment of a furrier from furred and/or haired and woollen skins shall be as follows:

 

151	Cutter marking in and/or cutting out	5
152	Head of a table or bench of machines in charge of four or more persons - above appropriate machinist rate	As set in Item 2 of Table 2 of Part B
153	Nailer	3A
154	Fur machinist	3A
155	Machinist (other than on fur machine) and/or table hand	2B
156	All others not herein classified	1A

 

Group M - Artificial Flowers and Brushed Silk Emblems - The weekly wage for every description of work done in connection with the making and/or work incidental thereto of all types of artificial flowers and brushed silk emblems shall be as follows:

 

157	Cutter and/or stamper	3A
158	Dyer	3A
159	Shaper of petals by hand, with aid of curling iron and/or bowler and assembling the petals so shaped	2B
160	Employee assembling and/or making and/or tying and/or pressing artificial flowers	2B
161	Tiers and/or cutters and/or brushers of emblems	2B
162	All others not herein classified	1A

 

TRANSLATION PROCEDURE

 

64.1    Step 1 - Getting Ready -

 

64.1.1 Arrange and conduct a meeting of the Translation Committee or Consultative Committee to:

 

(1)       Set date/s for Union/employee training and make the necessary arrangements.

 

(2)       Set date/s for joint training and make the necessary arrangements.

 

64.1.2 Conduct a survey of the language needs of the workforce.

 

64.1.3 Carry out an inspection of the factory/workplace to familiarise the committee with the different sections/work areas.

 

64.2    Step 2 - Training and Planning -

 

64.2.1             Undertake Union/employee training.

 

64.2.2             Undertake joint training.

 

64.2.3             Set date/s for information session/s to workforce and make the necessary arrangements.

 

64.2.4             Set date/s for transferring the workforce to the new skill levels.

 

64.2.5             Arrange for suitable interpreters to be available for information sessions and completion of the questionnaire (and checklist where used).

 

64.2.6             Agree on the order in which different sections of the factory/workplace will be translated and establish and prominently display a timetable for translation, including the date/s for information sessions to the workforce and for the completion of the questionnaire (and checklist where used). Translation should commence as soon as possible after the delivery of training, and must be completed within the transition period.

 

64.2.7             Agree on how the completion of the questionnaire (and checklist where used) will be managed, e.g., sections, by language groups.

 

64.2.8             Select appropriate space within the factory/workplace to carry out translation procedures.

 

64.2.9             Obtain all the materials necessary.

 

64.2.10           Provide information to the whole of the workforce on the translation to the new Skill Based Classification Structure.  This may be provided verbally and/or in written form and/or by way of a poster.  This may be delivered in sections or language groups or to the workforce as a whole.

 

64.2.11           Arrange for the committee to brief supervisors on the translation process and provide copy of written materials.

 

64.3    Step 3 - Preparing the Skills Questionnaire (and checklist where used) -

 

64.3.1             In preparation for the Skills Based Classification Structure, an enterprise may, in consultation with the committee, choose to list machine types and then classify the operations performed on them into:

 

(1)       basic

 

(2)       intermediate

 

(3)       complex

 

64.3.2             This information can be used to assist in determining skill levels by identifying technical skills. It cannot be used without the questionnaire.

 

64.3.3             The checklist must be agreed to as accurate by the committee before it can be used in the translation process.

 

64.3.4             Arrange for the questionnaire (and checklist where used) to be copied for each member of the workforce.

 

64.3.5             Number each questionnaire (and its accompanying checklist, where used) consecutively beginning with number 1.

 

64.3.6             Every page of the same questionnaire (and accompanying checklist, where used) should be given the same number so that if pages of a completed questionnaire (and checklist, where used) become detached, they can be identified.

 

64.4    Step 4 - Completing the Questionnaire (and checklist where used) -

 

64.4.1             Responses to the questionnaire (and checklist where used) should relate to recurring activities which an employee is competent in and is expected to carry out.  Activities which are carried out infrequently or at unpredictable times should be included as long as they are recurring activities which an employee is competent in and is expected to carry out during a normal twelve-month production cycle.

 

64.4.2             Activities which an employee has been called on to carry out only from time to time, because of extraordinary production requirements, would not be included. In this case, where employees are called on to exercise high level skills, they would be paid in accordance with clause 19, Mixed Functions.

 

64.4.3             For example, an employee called on to carry out the activities of another employee because that employee is temporarily absent for a short period of time would not include these activities in their responses to the questionnaire (and checklist where used).

 

64.4.4             However, if it is part of an employee's specific duties to relieve in the case of absence of other employees, as is the case for utility machinists, then those activities should be included.

 

64.4.5             Periods of training are not to be regarded as part of an employee's usual work.

 

64.4.6             Arrange for the questionnaire (and checklist where used) to be completed by each worker, in manageable groups, during working hours in the manner agreed by the committee, e.g., in section/work area, language group.

 

64.4.7             At least one Union and one employer representative of the committee, with the help of interpreters if necessary, will act as facilitators for each group and the facilitators shall explain the questionnaire (and checklist where used) and how to fill it out.

 

64.4.8             They will answer questions about the questionnaire (and checklist where used) and ensure that all of the relevant questions have been answered. The role of facilitators is to clarify the meaning of questions to enable employees to make their own responses.

 

64.4.9             An employee may request a supervisor to complete the checklist (where used) on behalf of the employee.

 

64.4.10           Facilitators should pay particular attention to filling in the name of the worker, the job title and the wage band number on the skill allocation form.

 

64.4.11           Facilitators should answer any question about what happens next.

 

64.5    Step 5 - Allocating Skill Levels - The committee shall meet and perform the following procedures:

 

64.5.1             Ensure a committee secretary is present and has a skill level allocation form for each worker.

 

64.5.2             Ensure that each member has a copy of the completed questionnaire (and checklist where used) for each worker in the same order and a copy of the skill based classification structure.

 

64.5.3             The committee shall then call in supervisors to endorse the employee responses to the questionnaire (and checklist where used).

 

64.5.4             Where supervisors disagree with certain responses they shall give their reasons for such differences and these shall be discussed with the employee concerned, with the assistance of an interpreter if necessary.  The committee may seek any other information in an attempt to determine whether the disputed responses are acceptable and may view the employee at the employee’s work station.  Where the committee cannot make a decision, the employee's responses must be accepted.

 

64.5.5             For each worker:

 

(1)       Determine the minimum skill level of the worker by comparing the employee’s wage band with the minimum skill level table appearing below. For example, a worker in wage band 2B will have a minimum skill level of Skill Level 2.

 

64.5.6             Minimum Skill Level Table

 

Wage Band	Skill Level
1A	1
1B	1
2A	2
2B	2
3A	3
3B	3
4	4
5*	5
*Wage Band

 

64.5.7             Review the completed questionnaire (and checklist where used) for the worker.

 

64.5.8             Where a worker's questionnaire (and checklist where used) question/s are not answered clearly and members of a committee require clarification of an employee's response this should be sought from the employee and, if necessary, the employee’s supervisor.

 

64.5.9             Compare the completed questionnaire (and checklist where used) with the skill level above the minimum skill level for the worker.

 

64.5.10           If the worker cannot be allocated to the skill level above the employee’s minimum skill level then the employee remains on the employee’s minimum skill level.

 

64.5.11           If the worker can be allocated to the skill level above the employee’s minimum skill level then compare the completed questionnaire (and checklist where used) with the next skill level and so on until the worker can be allocated.

 

64.5.12           The skill level allocated is the highest level in which the employee satisfies all the necessary requirements.

 

64.5.13           The committee secretary should record the skill level and key reasons for the decision on the skill allocation form.

 

64.5.14           The questionnaires (and checklists where used) and the skill level allocation forms should be kept in a safe place and be available for any subsequent review processes.

 

64.6    Step 6 - Where consensus on the appropriate skill level is reached -

 

64.6.1             Notify management and the worker of the recommended skill level.

 

64.6.2             If both the management and worker accept the recommendation it becomes the confirmed skill level and shall remain so until at least the expiry of the transition period.

 

64.7    Step 7 - Where consensus on the appropriate skill level cannot be reached or where it is reached but the recommendation is not acceptable to management and/or the worker -

 

64.7.1             The committee will meet with management and the worker separately. It will then review its decision, taking into consideration the additional information it has obtained and attempt to reach a consensus, which will be notified to management and the workers.

 

64.7.2             If consensus still cannot be reached within the committee or its recommendation is still not acceptable to management and/or the worker, the matter shall be referred to senior management and a Union official who shall endeavour to reach agreement.

 

65.  Schedule E - Procedure to be Adopted in Developing an Enterprise Bargaining Agreement

 

The procedures to be followed in developing an enterprise bargaining agreement are as follows:

 

65.1    Step One - The party raising a measure or measures for consideration shall place the matter on the agenda of a forthcoming meeting of the Consultative Committee.

 

65.2    Step Two - The party raising the measure or measures for consideration shall outline the proposal at a meeting of the Consultative Committee and the outline shall be recorded in the minutes of the meeting. The party receiving the proposal shall not be required to respond to the proposal at that meeting. At the same time a written outline of the proposal shall be forwarded to the Secretary of the Union.

 

65.3    Step Three - The Consultative Committee shall post the proposal on the noticeboards.  They shall endeavour to express the proposal in a manner that enables the proposal to be understood by the workforce. In particular, where there are a number of non-English speaking workers the Consultative Committee shall consider having the proposal translated into the main languages spoken in the workplace so that all employees fully understand the proposal.

 

65.4    Step Four - The Union/employee Consultative Committee representatives shall be granted one day's leave with pay to attend a briefing session conducted by the union to equip them to negotiate each enterprise bargaining agreement with the employer. Where an employee has used the employee’s full entitlement to Trade Union Training Leave in accordance with clause 22, Trade Union Training Leave, the one day's leave shall be in addition to the employee’s entitlement.

 

65.5    Step Five - The Union/employee Consultative Committee representatives and the relevant official of the Union shall consult with the whole of the workforce or section of the workforce affected by the proposal.  An employer shall grant the whole of the workforce reasonable time off with pay to attend a meeting conducted by the union/employee representatives and the relevant official of the Union for the purpose of consultation. In the case of a workplace where there are a number of non-English speaking workers the employer shall favourably consider a request from the Union/employee Consultative Committee representatives or the relevant official of the Union for the engagement of interpreter/s to assist in the meeting so that non-English speaking workers fully understand the proposal. In such cases, reasonable time to conduct the meeting will be longer than in the case where an interpreter/s is not used.

 

65.6    Step Six - The Consultative Committee shall then consider the proposal and the views of the workforce and attempt to reach an enterprise bargaining agreement. As necessary, the employee/Union Consultative Committee representatives will refer the draft to the workforce for comment.

 

65.7    Step Seven - If the Consultative Committee reaches agreement, it shall record the agreement in writing and forward it to the Secretary of the Union who shall arrange with the employer to jointly conduct a vote of the workforce affected.

 

65.8    Step Eight - In the case of a proposal which does not affect the provisions of the award, if a majority of the workforce affected are in favour of the proposal, the proposal shall be forwarded as a recommendation to senior management.

 

65.8.1 In the case of a proposal which does affect the provisions of the award, if 75% of the workforce affected are in favour of the proposal, the proposal shall be forwarded as a recommendation to senior management.

 

65.9    Step Nine - If the recommendation is accepted then senior management shall refer the proposed agreement in writing to the Secretary of the Union for approval or otherwise. The union shall not unreasonably withhold agreement.

 

65.10  Step Ten - If the proposed agreement in writing is approved by the Secretary of the Union, then it shall be signed by senior management and the Secretary of the Union.

 

65.11  Step Eleven - The agreement shall then be submitted to the Industrial Relations Commission of New South Wales for approval.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Clause 6 - Rates of Pay

 

Skill Level	Award Rate	Award Rate
	from the beginning of the first pay period to commence on or after 16 December 2012	from the beginning of the first pay period to commence on or after 1 July 2013, and thereafter
	$	$
Trainee	606.40*	As per the Textile, Clothing, Footwear
		and Associated Industries Award 2010, and as subsequently varied to the Textile, Clothing, Footwear and Associated Industries Award 2020 (MA000017) an award of the Fair Work Commission
1	624.00	As per the Textile, Clothing, Footwear and Associated Industries Award 2010, and as subsequently varied to the Textile, Clothing, Footwear and Associated Industries Award 2020 (MA000017) an award of the Fair Work Commission
2	648.00	As per the Textile, Clothing, Footwear and Associated Industries Award 2010, and as subsequently varied to the Textile, Clothing, Footwear and Associated Industries Award 2020 (MA000017) an award of the Fair Work Commission
3	670.20	As per the Textile, Clothing, Footwear and Associated Industries Award 2010, and as subsequently varied to the Textile, Clothing, Footwear and Associated Industries Award 2020 (MA000017) an award of the Fair Work Commission
4	706.10	As per the Textile, Clothing, Footwear and Associated Industries Award 2010, and as subsequently varied to the Textile, Clothing, Footwear and Associated Industries Award 2020 (MA000017) an award of the Fair Work Commission
5#	750.40**	As per the Textile, Clothing, Footwear and Associated Industries Award 2010, and as subsequently varied to the Textile, Clothing, Footwear and Associated Industries Award 2020 (MA000017) an award of the Fair Work Commission

 

*	Calculation for minute pay rate for PBR purposes
**	Note yet determined as to relativity
#	Not a skill level

 

Table 2 - Other Rates and Allowances

 

Allowances payable from the beginning of the first pay period to commence on or after 16 December 2010.

 

Item No.	Clause No.	Brief Description	Amount	Amount
			from the beginning of the first pay period to commence on or after 16 Dec. 2012	from the beginning of the first pay period to commence on or after 1 July 2013, and thereafter
			$	$
1	6.6.1	Head of table or bench of machines, in charge of four or more persons - above appropriate machinist rate	19.06	As per row 1 of the table in clause 25.1 of the Textile, Clothing, Footwear and Associated Industries Award 2010 and as subsequently varied, row 1 of the table in clause 23.2(a) of the Textile, Clothing, Footwear and Associated Industries Award 2020 (MA000017) an award of the Fair Work Commission
2	6.6.2	Head of table or bench of machines, in charge of four or more persons - above appropriate machinist	13.77	As per row 2 of the table in clause 25.1 of the Textile, Clothing, Footwear and Associated Industries Award 2010 and as subsequently varied, row 2 of the table in clause 23.2(a) of the Textile, Clothing, Footwear and Associated Industries Award 2020 (MA000017) an award of the Fair Work Commission
3	17.1	Meal Money	11.26	As per clause 24.4 of the Textile, Clothing and Associated Industries Award 2010 and as subsequently varied, clause 22.3 of the Textile, Clothing, Footwear and Associated Industries Award 2020 (MA000017) an award of the Fair Work Commission
4	46.1	Disability allowances - Inadequate dining facilities	4.59	As per clause 25.2 of the Textile, Clothing, Footwear and Associated Industries Award 2010 and as subsequently varied, clause 23.2(b) of the Textile, Clothing, Footwear and Associated Industries Award 2020 (MA000017) an award of the Fair Work Commission
5	46.2	Disability Allowances - Inadequate rest facilities	4.59	As per clause 25.3 of the Textile, Clothing, Footwear and Associated Industries Award 2010 and as subsequently varied, clause 23.2(c) of the Textile, Clothing, Footwear and Associated Industries Award 2020 (MA000017) an award of the Fair Work Commission

 

Clothing Trades (State) Industrial Committee

 

Industries and Callings

 

All persons engaged in -

 

(a)       making and/or repairing and/or altering the whole or any part of any male or female garment or of any article of wearing apparel whatsoever, made from material of any description, including all articles of neckwear and excluding only boots, shoes, slippers, gloves and headwear, except as provided in (b);

 

(b)       making and/or trimming and/or blocking and/or repairing and/or altering and/or remodelling all articles of women's and girls' headwear, excepting male employees engaged in blocking by hand or machines;

 

(c)       making and/or repairing and/or altering any description of umbrella other than canvas umbrellas;

 

(d)       making and/or repairing and/or altering any description of handkerchiefs, serviettes, pillowslips, pillowshams, sheets, tablecloths, towels, quilts, aprons, mosquito nets, bed valances, or bed curtains;

 

(e)       embroidering or otherwise ornamenting any of the abovementioned articles, including the making and/or manufacturing of such ornamentations as are made of textiles, felts or similar fabrics;

 

(f)       in or in connection with the manufacture of artificial flowers;

 

(g)       making and/or altering and/or remodelling and/or repairing of all types of garments or articles, other than toys, made in the establishment of a furrier;

 

(h)       the making of chenille and the making and/or repairing and/or altering of articles of all descriptions as are made of chenille;

 

in the State of New South Wales, excluding the County of Yancowinna;

 

excepting employees employed in the making and/or repairing of furnishing drapery and/or quilts in a furniture or furnishing drapery factory or establishment, including retail store or warehouse;

 

and excepting employees within the jurisdiction of the Rubber Workers (State), the Plastic Moulding (State) and the Textile Workers (State) Industrial Committees.

 

 

 

D. SLOAN, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.