BREAD INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 5696 of
2003)
Before Commissioner Macdonald
|
5 February 2004 and
20 August 2004
|
REVIEWED AWARD
Arrangement
Clause No. Subject Matter
PART A
1. Definitions
2. Terms of
Employment
3. Classifications
4. Rates of
Pay
5. Hours of
Work
6. Meals
7. Shift
Work
8. Overtime
9. Payment
of Wages
9A. Union Dues
10. Holidays
11. Annual
Holidays
12. Annual
Holiday Loading
13. Long
Service Leave
14. Sick Leave
15. Personal
Carers Leave
16. Bereavement
Leave
17. Occupational
Superannuation
18. Shortage
of Money or Bread
19. Jury
Service
20. Redundancy
21. Anti -
Discrimination
22. Settlement
of Disputes
23. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay (See current Wage Schedule)
Table 2 - Other Rates and Allowances (See current Wage
Schedule)
PART A
1. Definitions
(i) "Casual
employee" means an employee who is engaged as such and paid as such.
(ii) "Part-time
employee" means a weekly employee who works a standard roster of ordinary
hours which does not average more than 30 hours per week.
(iii) "Full
time employee" means a weekly employee whose ordinary hours of work do not
average less than 38 hours per week.
(iv) "Weekly
employee" means a full time employee or a part time employee.
(v) "Union"
means The Australian Liquor, Hospitality and Miscellaneous Workers Union, New
South Wales.
2. Terms of
Employment
(i) Employees
Generally.
(a) With the
exception of production supervisors, each employer shall fix a pay period which
shall be common to the employer’s employees. Such pay period shall not be
altered without 14 days notice.
(b) Employment
shall be terminated by a week’s notice on either side given at any time during
the week or by the payment or forfeiture, as the case may be, of one week’s
wages. This paragraph shall not apply with respect to casual employees.
(c) When
employment is terminated, wages and any other payments due shall be paid at the
completion of the last week of employment.
(d) The employer
shall be entitled to dismiss any employee without notice for neglect of duty or
other misconduct and in such cases the wages shall be paid up to the time of
dismissal only.
(e) Subject to
clauses 10, 11, 13, 14, 15, 16, and 19 an employee not attending for duty shall
lose pay for the actual time of such non-attendance.
(f) Supply of
clothing: There shall be provided and
maintained in good order and condition, for the use of every person engaged in
the bakehouse in a manufacturing process, a sufficient supply of clothing
consisting of -
(a) an overall, or
a bib apron or short trousers;
(b) suitable head
covering.
Provided that short trousers shall not be provided for
the use of any person unless he/she agrees to wear short trousers. All overalls, bib aprons and short trousers
provided pursuant to this clause shall be of light coloured washable material
and all head covering so provided shall be of light coloured washable or
disposable material. Each such person
shall be provided with clean clothing at least twice weekly.
(g) An employer
shall provide protective clothing to employees of the employer so as to ensure
the health, safety and welfare of such employees in accordance with the
requirements of the Occupational Health and Safety Act 2000.
(h) Baskets and
basket covers, where they are required by the employer to be used, shall be
supplied by the employer. Baskets shall be washed and basket covers laundered
by the employer.
(i) The employer
shall provide an employee handling cash with a money bag, if it is required by
the employee.
(j) Employers
shall provide a waterproof cape or coat to employees when they are required to
work outdoors during wet weather.
(k) Employees are
responsible for the care and safekeeping of all issued articles from the
employer and shall return each such article to the employer on request or on
termination of their employment; in default, the employer may deduct from wages
due an amount equal to its replacement value less reasonable depreciation,
having regard to the condition of the item.
(l) an employer
may direct an employee to carry out such duties as are within the limits of the
employee’s skill, competence and training.
(ii) Part-time
Employees.
(a) Part-time
employees shall be paid at an hourly rate of one thirty eighth of the
appropriate wage rate prescribed in clause 4, Rates of Pay and Allowances, of
this award.
(b) The ordinary
hours of work for part time employees shall not exceed an average of 30 hours
per week.
(c) Part time
employees when on sick leave, annual holiday, long service leave, jury service,
bereavement leave or holidays, shall be paid the amount which they would have
been paid for ordinary hours on the day if they had worked.
(d) A full-time
employee shall not be required to work as a part-time employee unless otherwise
agreed.
(e) Subject to
this subclause, all provisions of this award shall apply to part-time
employees.
(f) The ordinary
hours of work shall not be less than 4 hours on any day nor more than 10 hours
on any day.
(iii) Casual
Employees.
(a) Subject to
this subclause the provisions of this award shall apply to a casual employee
save and except the following clauses:
Clause 14.
|
Sick Leave
|
Clause 19.
|
Jury Service
|
Clause 16.
|
Bereavement Leave
|
(b) The ordinary hours
of work shall not be less than 2 hours on any day nor more than 10 hours on any
day.
(iv) Employment of
Juniors.
(a) The total wage
for juniors shall be calculated to the nearest 10 cents.
(b) A junior
employee shall be entitled to full adult pay upon attaining the age of 18.
(c) The number of
juniors shall be limited to one per 10 or part thereof employees 18 years of
age or over.
(v) Employment of
Apprentices - Apprentices shall be employed in accordance with the relevant
provisions of the Apprenticeship and Traineeship Act 2001 and this
award. The following provisions shall apply in respect of apprentices:
(a) The period of
apprenticeship for persons entering the trade of bread manufacturing shall be
as set out in his/her training contract.
(b) An apprentice
who gains a pass at the Stages 1 examination of the trade or correspondence
shall be paid a margin of an amount as set out in Item, Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, in addition to the award rate prescribed in this award for the
remainder of the employee’s term of apprenticeship commencing from the first
pay period in the calendar year following the examination.
(c) An apprentice
who completes successfully his/her full course in the bead manufacturing trade
or correspondence course of technical training shall be paid a margin of an
amount as set out in Item 2 of Table 2, in addition to the margin prescribed in
paragraph (b) of this subclause and, in addition to the award rate prescribed
within this award, for the remainder of his/her term of apprenticeship
commencing from the first pay period in the calendar year following the
examination.
(d) An apprentice
who passes at all stages of the trade course in the period normally required
for its completion and whose workshop performance is satisfactory shall, during
the lat six months of the apprenticeship or the balance of the apprenticeship
whichever is the less, be paid at the rate, including shift penalty rates,
prescribed for a tradesperson under this award.
(e) An apprentice
whose place of work and of residence are so situated that it is reasonably
practicable for him/her to attend a registered training organisation which
conducts the trade course, shall attend such registered training organisation
for study in the trade course for the period necessary for him/her to qualify
in the course and shall repeat any stage or any subject in a stage of the
course which he/she has failed to complete satisfactorily; provided that an
apprentice who, due to circumstances beyond his/her control, fails in any
subject of the course, may continue with the course beyond the normal duration
of the course if reports from the registered training organisation show that
satisfactory progress is being made; and provided further that an apprentice
who fails in any stage of the course may progress to the next stage of the
course if permitted to do so by the registered training organisation under an
arrangement approved by the New South Wales Department of Education and
Training.
(f) The registered
training organisation fees for instruction of each apprentice shall be paid by
the employer for each year of the trade course or correspondence course.
(g) Any apprentice
who is given time off during ordinary working hours for the purpose of attending
at a registered training organisation for instruction and fails to so attend
shall not be paid for such time off.
(h) An employer
shall reimburse to an apprentice all fares reasonably incurred in attending the
registered training organisation.
(i) An employer
shall cooperate with the registered training organisation in the training of an
apprentice in the manner recommended by the registered training organisation.
(j) An apprentice
who is not obliged to attend the trade course in accordance with subclause (c)
of this clause shall study the trade course by correspondence, as conducted by
the New South Wales Department of Education and Training. For the purpose of
taking full advantage of the instruction by correspondence, the apprentice to
whom this subclause shall apply, during ordinary working hours, shall study to
carry out assignments of this course for two hours each week, and the employer
shall pay such apprentice his/her wage and shift penalty rates during such
time.
(k) During each
stage of the correspondence course referred to in paragraph (j) of this
subclause, the apprentice shall attend a registered training organisation for
training for such period as is required from time to time by the New South
Wales Department of Education and Training, provided that satisfactory progress
has been made with correspondence lessons.
Such attendances shall not be undertaken during the period of annual
leave, and the employer shall pay all fees, fares and reasonable accommodation
expenses in connection with the training for each period of four weeks not
otherwise made by the Government of New South Wales.
3. Classifications
Bread Industry Employee - Level 6
A Bread Industry Employee Level 6 undertakes for a period of
up to three months induction training which may include instruction on the
enterprise, conditions of employment, introduction to supervisors and fellow
workers, training and career path opportunities, plant layout, work and documentation
procedures, occupational health and safety, food industry hygiene, equal
employment opportunity and quality control/assurance.
(i) General
Description
An employee at this level performs routine and
repetitive duties essentially of a manual nature and to the level of his/her
training:
1. Performs
general labouring and cleaning duties; including tidying of work area, stacking
crates, removing rubbish etc;
2. Exercises
minimal judgement;
3. Works under
direct supervision;
4. Maintains
sanitation/hygiene of work area;
5. Demonstrates
good housekeeping procedures;
6. Undertakes
structured training so as to enable him/her to progress to higher levels.
Bread Industry Employee - Level 5
A Bread Industry Employee Level 5 has completed structured
training so as to enable the employee to perform work within the scope of this
level.
(i) General
Description
An employee at this level performs work above and
beyond the skills of a Level 6 employee and to the level of his/her training:
1. Works under
routine supervision or instruction, either individually or in a team
environment;
2. Understands
and undertakes basic quality control/assurance procedures including the ability
to recognise basic quality deviations/faults;
3. Reads
instructions, records activities and utilises basic statistical control
procedures.
Indicative of the tasks which an employee at this level
may perform are the following:
repetition work on automatic, semi automatic or single
purpose machines or equipment;
use of selected hand tools;
keeping of simple records;
use of hand trolleys and pallet trucks;
assistance in the provision of on the job training;
routine repetitive tasks;
basic customer service and liaison;
maintenance sanitation/hygiene of work area; and
awareness of hygiene and importance of microbiological
containment.
(ii) Production
Strand
A Level 5 Production employee must be capable of the
following:
Performing general product handling, labouring and
cleaning duties;
performing the tin change operations;
monitoring line operation at a work station for quality
and consistency.
(iii) Breadroom
Strand
A Level 5 Breadroom employee must be capable of the
following:
Operating a crate washer safely;
maintaining sanitation of area;
loading baskets;
operating bagging machine;
identifying correct bags;
operating cliplocks;
knowing correct product codes;
monitoring quality - (both bread and packaging);
following orders and production runs.
(iv) Sales Strand
A Level 5 Sales employee must be capable of the
following:
Accuracy with figures;
possessing and demonstrating good territory and product
knowledge;
punctuality, diligence and reliability;
performing delivery of bulk loads;
demonstrating good customer relations;
providing customer feedback;
communicating with consumers, supervisors and customer
staff;
recording and maintaining basic records and making
simple written reports.
Bread Industry Employee Level 4
A Bread Industry Employee Level 4 has a general knowledge of
the employer’s operations as it relates to production, breadroom or sales
processes.
Such an employee shall be trained and capable of operating
flexibly on more than one work station.
(i) General
Description
A Level 4 Employee performs work above and beyond the
skills of an employee at Level 5 and to the level of his/her training:
1. Is
responsible for the quality of his/her own work subject to routine supervision;
2. Works under
routine supervision either individually or in a team environment;
3. Exercises
discretion within his/her level of skills and training;
4. Is trained to
operate machinery and equipment required in the performance of his/her work.
Indicative of the tasks which an employee at this level
may perform are the following:
Receiving, despatching, distributing, sorting,
checking, packing (other than repetitive packing in a standard container or
containers in which such goods are ordinarily sold), delivering, documenting
and recording of goods, materials and components;
basic inventory control in the context of a production
process;
basic keyboard skills;
boiler attendant;
operation of mobile equipment including forklifts,
overhead cranes and winch operation;
ability to assess product quality and maintain basic
statistical records; and
assist in the provision of on the job training.
(ii) Production
Strand
A Level 4 Production employee must be capable of the
following:
Understanding the dividing operation and operating
machinery;
operating affiliated machinery (eg. dusters, rounders,
1st proof);
understanding the moulding process and be able to set
and adjust.
(iii) Breadroom
Strand
A Level 4 Breadroom employee must be capable of the
following:
Understanding the slicing process and operating
machinery;
operating affiliated equipment (eg. cliplocks,
baggers);
effectively operating as an order filler (eg. lines
person).
(iv) Sales Strand
A Level 4 Sales employee must be capable of the
following:
Maintaining good customer relations;
achieving run sales targets;
communicating with workers and supervisors;
settling accounts;
identifying sales opportunities;
providing good customer service;
general enthusiasm, energy, punctuality and personal
hygiene;
having good territorial and product knowledge;
increasing store sales;
providing customer feedback;
possessing good people skills.
Bread Industry Employee Level 3
A Bread Industry Employee Level 3 is an employee who holds
an appropriate trades certificate, or an employee of equivalent standing, who
has a sound knowledge of the employer’s operations as it relates to production,
breadroom or sales processes.
Such an employee shall be trained and capable of operating
flexibly on more than one work station under limited supervision.
(i) General
Description
Indicative tasks performed at this level are:
1. Machine
setting, loading and operation, on more than one machine;
2. basic quality
checks on work of others;
3. lubrication
of machinery and equipment;
4. assistance in
provision of on job training; and
5. recognition
and identification of quality faults, or machine operation faults, rejection of
substandard product.
(ii) Production
Strand
A Level 3 Production Employee must be capable of the
following:
Recognising and weighing ingredients;
monitoring dough quality and adjusting accordingly;
operating subsidiary equipment (e.g. broth tanks,
seeder, conveyors, dough dividers etc.);
operating computerised machinery;
understanding the final proof process and operating
machinery;
understanding the baking process and operating
machinery.
(iii) Breadroom
Strand
A Level 3 Breadroom Employee must be capable of the
following:
Responsibility for the make up and assembly of orders;
despatching deliveries;
receiving and checking returns;
checking of loads.
(iv) Sales Strand
A Level 3 Sales Employee must be capable of the
following in addition to the skills of a Level 4 Sales Employee:
Assisting with on the job training of new employees;
possessing good territorial knowledge of sales area or
group sales runs;
relieving salesmen and vendors on short notice.
Bread Industry Employee Level 2
A Bread Industry Employee Level 2 is required to exercise
skills and knowledge above and beyond an employee at Level 3 and to the level
of his/her training:
Understand and apply quality control techniques;
exercise good interpersonal communication skills;
exercise keyboard skills;
exercise discretion within the scope of this grade;
perform work under limited supervision either
individually or in a team environment;
perform work which, while primarily involving the
skills of the employee’s training, is incidental or peripheral to the primary
task and facilitate the completion of the whole task. Such incidental or
peripheral work would not require additional formal technical training;
be able to inspect products and/or materials for
conformity with established operational standards;
be able to evaluate, analyse and recommend changes to
work station problems and procedures.
Within the production strand a Level 2 employee has a high
understanding of baking technology and practice, including recipe
interpretation and mixing processes, and is capable of operating flexibly
throughout the production area, including doughmaking.
Bread Industry Employee Level 1
A Bread Industry Employee Level 1, who may hold a Trade
Certificate, may be responsible for task allocation, work scheduling within a
plan, training staff, work performance assessment of staff and recommendations
for engagement, termination or promotion of staff. Such an employee exercises
skills, knowledge and discretion above and beyond a Level 2 employee, and to
the level of his/her training:
Is able to set up, operate and adjust all machinery and
equipment relevant to his/her work area;
provides guidance and assistance as part of a work
team;
exercises discretion within the scope of this level;
works under general supervision either individually or
in a team environment;
understands and implements quality control techniques.
(ii) Production
Strand
Employees of this level must be of trade or equivalent
qualifications; being responsible for an operational section, the employees of
this level must be completely competent with all machinery, equipment and
systems relating to this operational section (i.e. equal standard to each
operator).
(iii) Breadroom
Strand
Being responsible for an operational section, the
employees of this level must be completely competent with all machinery,
equipment and systems relating to this operational section.
(iv) Sales Strand
Understand the sales operations, especially the
achievement of sales targets through control of orders, product maintenance and
good customer and vendor rapport;
develop new business opportunities;
understand promotional operations;
able to maintain account payments through debt collection;
responsible for an operation sales section.
4. Rates of Pay and
Allowances
(i) Full-Time
Employees
(a) Minimum Rates
- the minimum adult weekly rates of pay for full-time employees for each classification
from time to time effective, are set out in Table 1, Wages, of Part B Monetary
Rates of this Award.
(b) The rates of
pay in this Award include the adjustments payable under the State Wage Case
2003. These adjustments may be offset against:
1. any equivalent
over award payments and/or
2. award
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
(ii) Part Time
Employees
Part time employees shall be paid at the hourly rate of
one thirty eighth of the appropriate wage rate of this award, with a minimum
payment for four hours each day.
(iii) Casual
employees.
The hourly rate of pay for casual employees shall be
calculated by dividing the appropriate weekly rate of pay by 38 plus 15 per
cent, with a minimum payment for two hours for each day. Casual employees shall be engaged and paid
by the hour.
(iv) Rates of pay
for Apprentices:
Percentage of Bread
Industry Employee Level 3
|
|
1st Year
|
54%
|
2nd Year
|
62%
|
3rd Year
|
71%
|
4th Year
|
85%
|
(v) Junior
Employees, other than apprentices shall receive the following rates of pay:
Percentage of
Appropriate Classification
|
|
Under 17 years of age
|
71%
|
At 17 years of age
|
85%
|
At 18 years of age
|
100%
|
(vi) Allowances
The following allowances shall be paid:
(a) Leading
Operator Allowances
1. A Leading
operator, other than a Bread Industry Employee Level 1, who is responsible for
a group of more than four people, the achievement of their work task and on the
job training, shall receive, in addition to the rate payable for his/her
classification, an allowance as set out in Item 3 of Table 2 of Part B.
2. A leading
operator, other than a Bread Industry Employee Level 1, who is responsible for
a group of less than four people, the achievement of their work task, and on
the job training, shall receive in addition to the rate payable for his/her
classification, an allowance as set out in Item 4 of Table 2 of Part B.
(b) Heavy Vehicle
Driving Allowance
An employee who is required to drive a vehicle of more
than 3 tonnes Gross Vehicle Weight as part of the conditions of employment
shall be paid an allowance for all purposes of this Award for driving a
vehicle.
1. of over 3
tonnes G.V.W. and up to 4.5 tonnes G.V.W., the amount as set out in Item 5.1 of
Table 2;
2. of over 4.5
tonnes G.V.W. and up to 14.95 tonnes G.V.W., the amount set out in Item 5.2 of
Table 2;
3. of over 14.95
tonnes G.V.W., the amount set out in Item 5.3 of Table 2;
4. which is a semi-trailer,
the amount set out in Item 5.4 of Table 2.
(c) Merchandiser
Allowance
An employee performing merchandising/demonstrator work
who works at a place away from the bakery and is required by the employer to
use the employee’s vehicle shall be paid a vehicle allowance consisting of a
flat amount as set out in Item 6.1 of Table 2 of Part B of this Award and a
variable amount for distance travelled up to 70 km per day worked averaged over
the pay week as set out in Item 6.2 of Table 2 of Part B.
(d) First Aid
Allowance
An employee who has been trained to render first-aid
and who is the current holder of appropriate first aid qualifications such as a
certificate from the St. John Ambulance or similar body shall be paid an
allowance as set out in Item 7 of Table 2 of Part B if appointed by the
employer to perform first aid duty.
(e) Boiler
Allowance
Where an employee is appointed to be in charge of
firing a boiler and is appropriately certificated by the Department of
Industrial Relations, the employee shall be paid an allowance as set out in
Item 8 of Table 2 of Part B.
(f) Meal
Allowance
An employee required to work overtime for more than two
hours without being notified the day before that the employee will be so
required to work, shall be paid a meal allowance as set out in Item 9 of Table
2.
(g) Apprentice
Allowance
(i) An apprentice
who gains a pass at the Stage 1 examination of the trade or correspondence
shall, commencing from the first pay period in the calendar year following the
examination and continuing for the remainder of his/her term of apprenticeship,
be paid a weekly margin as set out in Item 1 of Table 2.
(ii) An apprentice
who completes successfully his/her full course in the bread manufacturing trade
or correspondence course of technical training shall, in addition to the margin
prescribed by paragraph 1 of this subclause and commencing from the first pay
period in the calendar year following the examination and continuing for the
remainder of his/her term of apprenticeship, be paid a weekly margin as set out
in Item 2 of Table 2.
5. Hours of Work
(i) The ordinary
hours of work for employees other than part-time employees shall not exceed an
average of 38 per week, to be worked on one of the following bases:
(a) 38 hours within
a work cycle not exceeding 7 consecutive days; or
(b) 76 hours
within a work cycle not exceeding 14 consecutive days; or
(c) 114 hours
within a work cycle not exceeding 21 consecutive days; or
(d) 152 hours
within a work cycle not exceeding 28 consecutive days; or
(e) any other work
cycle during which a weekly average of 38 hours is worked as may be agreed
between the employer and the employees concerned.
(ii) The ordinary
hours of work for part-time employees shall not exceed an average of 30 hours
per week, worked on one of the following bases:
(a) 30 hours
within a work cycle not exceeding 7 consecutive days; or
(b) 60 hours
within a work cycle not exceeding 14 consecutive days; or
(c) 90 hours
within a work cycle not exceeding 21 consecutive days or; or
(d) 120 hours
within a work cycle not exceeding 28 consecutive days; or
(e) any other work
cycle during which a weekly average of 30 hours is worked as may be agreed
between the employer and the employees concerned.
(iii) The ordinary
hours of work prescribed herein may be worked on any day Sunday to Saturday.
(iv) The ordinary
hours of work shall be worked on not more than five consecutive days per week
provided that by agreement between the employer and the majority of employees
affected, the ordinary hours of work may be worked over non-consecutive days of
the week.
(v) The ordinary
daily hours of work shall be:
(a) for full-time
employees, not less than 6 hours nor more than 10 hours per day;
(b) for part-time employees,
not less than 4 hours nor more than 10 hours per day.
(c) for casual
employees, not less than 2 hours nor more than 10 hours per day.
(vi) Circumstances
may arise where different methods of implementation of a 38-hour week will
apply to various groups or sections of employees in the factory or
establishment concerned.
(vii) Where the
hours of work of an establishment, factory or section are organised so as to
provide employees with rostered days off, an employee may agree to accrue up to
a maximum of 10 rostered days off to be taken within 12 months of the date of
accrual.
(viii) The ordinary
hours of work prescribed herein shall be worked continuously except for meal
breaks.
6. Meals
(i) Each employee
must take and each employer must give on each day at least half an hour for a
meal after the expiration of 3 hours and commencing within 5 hours of starting
work.
(ii) An employee
not commencing a meal break within 5 hours of starting work shall be paid
ordinary time extra until a meal break is taken with a minimum of one half
hour’s pay at such rate.
(iii) Meal breaks
shall not count as time worked.
(iv) The meal
breaks prescribed in this clause shall be given and taken so as not to
interfere with the continuity of work and at times mutually agreed between the
employer and the employee.
7. Shift Work
(i) Except at the
regular changeover of shifts an employee shall not be required to work more
than one shift in each 24 hours.
(ii) Roster: shift
rosters shall specify the commencing and finishing times of ordinary hours of
work of the respective shifts. The time of commencing and finishing shifts once
having been determined may be varied by agreement between the employer and the
majority of employees affected to suit the circumstances and needs of the plant
or establishment or in the absence of agreement by fourteen days’ notice of
alteration given by the employer to the employee.
(iii) An employee
shall be entitled to ten consecutive hours off duty after ceasing work on one
shift and before commencing work on the next shift. If the next shift is
scheduled to commence before ten hours has expired, the employee shall be
entitled to be absent from work on that shift until he/she has had ten hours off
duty without any deduction being made in ordinary pay or shift penalty payable
for such absence.
(iv) Rotation:
shifts may be rotated. Different methods of rotation may apply in respect of
particular groups or sections of employees in a plant or establishment. Where
shifts rotate, the rotation may be weekly, fortnightly, four weekly or at such
other interval as may be agreed from time to time between the employer and the
majority of the employees affected.
(v) Shift
allowance:
(a) an employee
whose ordinary hours of work between midnight Sunday and midnight the following
Friday are rostered within the hours of 6.00 p.m. one day and 4.00 a.m. the
following day shall be paid a shift allowance of 20 per cent of the ordinary
hourly rate of the employee’s classification for each hour so worked;
(b) an employee
working ordinary hours of work between midnight Friday and midnight Saturday
shall be paid a shift allowance of 30 per cent of the ordinary hourly rate of
the employee’s classification for each hour so worked; and
(c) an employee
working ordinary hours of work between midnight Saturday and midnight Sunday
shall be paid a shift allowance of 70 per cent of the ordinary hourly rate of
the employee’s classification for each hour so worked.
(d) an employee working
ordinary hours of work on a holiday shall be paid a shift allowance of 110 per
cent of the ordinary hourly rate of the employee’s classification for each hour
so worked.
8. Overtime
(i)
(a) All time
worked by an employee in excess of or outside the employee’s ordinary hours of
work shall be overtime and shall be paid for at the ordinary hourly rate plus
30 per cent of the ordinary hourly rate for the first two hours on any day, and
at the ordinary hourly rate plus 70 per cent of the ordinary hourly rate
thereafter.
(b) All overtime
worked on a Sunday shall be paid at the ordinary hourly rate plus 70 per cent
of the ordinary hourly rate.
(c) All overtime
worked on a holiday as provided for in clause 10, Holidays, shall be paid at
twice the ordinary hourly rate plus 10 per cent of the ordinary hourly rate.
(ii) Where an
employee works overtime on any day and such overtime does not immediately
precede or follow ordinary hours of work, an employee shall be paid for a
minimum of four hours overtime at the appropriate rate.
(iii) Rest Period
After Overtime:
(a) When overtime
is necessary it shall wherever reasonably practicable be so arranged that the
employee has at least 10 consecutive hours off duty between the work of
successive days.
(b) An employee
who works so much overtime between the termination of his/her ordinary work on
one day and the commencement of his/her ordinary work on the next that he/she
has not had at least 10 consecutive hours off duty between those times shall,
subject to this subclause, be released after completion of such overtime until
he/she has had 10 consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
(c) Failing an
instruction from his/her employer that an employee should not resume or
continue work without having had such 10 consecutive hours off duty he/she
shall be paid at the ordinary hourly rate plus 70 per cent until he/she is
released from duty for such period and he/she shall then be entitled to be
absent until he/she has had 10 consecutive hours off duty without loss of pay
for ordinary working time occurring during such absence.
(iv)
(a) Subject to
paragraph (b) of this subclause, an employer may require an employee to work
reasonable overtime at overtime rates.
(b) 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.
(c) For the
purposes of the said paragraph (b), what is unreasonable or otherwise will be
determined having regard to:
(1) any risk to
employee health and safety;
(2) the employee’s
personal circumstances, including any family and carer responsibilities;
(3) the needs of
the workplace or enterprise;
(4) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(5) any other
relevant matter.
9. Payment of Wages
(i) Employees
shall be paid weekly or in accordance with such other arrangements as may be agreed
between the employer and the employees affected.
(ii) Where an
employer alters the pay week the employer shall in respect of that week, pay to
each employee then employed, by way of an advance, any moneys earned from the
end of the new pay week until the end of the "old" pay week. In respect of each week thereafter until
such advance has been repaid the employer may retain $20 from payments due to
the employee. In the event of the
termination of employment before repayment of such advance a further deduction
of any balance required for that purpose may be made from moneys due to the
employee. Such deductions, together
with any additional deductions made for that purpose with the written authority
of the employee shall be deductions authorised by this award.
9A. Union Dues
(i) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the employer to make such deductions in accordance with
subclause (ii) herein;
(b) the Union
shall 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;
(c) deduction of
Union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be
no requirement to make deductions for casual employees with less than two
months’ service (continuous or otherwise).
(ii) The
employee’s authorisation shall be in writing and shall 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 shall 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.
(iii) Monies so
deducted from employees’ pay shall 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:
(a) where the employer
has elected to remit on a weekly or fortnightly basis, the employer shall be
entitled to retain up to five per cent of the monies deducted; and
(b) where the
employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where the
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.
(v) The Union
shall 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 shall be in
the form of a schedule of fees to be deducted specifying either weekly,
fortnightly, monthly or quarterly, as the case may be. The Union shall give the employer a minimum
of two months’ notice of any such change.
(vi) An employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership fees.
(vii) 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 shall 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.
(viii) The above
variations shall take effect:
(i) In the case
of employers who currently deduct Union membership fees, or whose payroll
facilities are carried out by way of an outsourcing arrangement, or whose
payroll calculations are made through the use of computerised means, from the
beginning of the first pay period to commence on or after 9 August 2003.
(ii) In the case
of employers who do not fall within subparagraph (i) above, but who currently
make deductions, other than union membership fee deductions or mandatory
deductions (such as for taxation instalments or superannuation contributions)
from employees’ pay, or have in place facilities to make such deductions, from
the beginning of the first pay period to commence on or after 9 November 2003.
(iii) For all other
employers, from the beginning of the first pay period to commence on or after 9
February 2004.
10. Holidays
(i)
(a) The days on
which the following holidays are observed shall be award holidays, viz., New
Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Queen’s
Birthday, Anzac Day, Labour Day, Christmas Day, Boxing Day, together with any
other days proclaimed or gazetted as a public holiday for the State. The picnic
day of the union (which shall be held on the first Tuesday in November each
year, or such other day as agreed between the employer and the employee) shall
also be observed as a holiday, provided that in Queanbeyan, the picnic day
shall be observed as the same day as Labour Day in the Australian Capital
Territory.
(b) For the
purpose of this subclause an employee shall be treated as working on one of the
days specified in paragraph (a) only if that employee works on a shift which is
worked in order to produce bread for sale on one of such days even though the
shift is not worked on one of such days.
(ii) A weekly
employee normally rostered to work on the above holidays shall be entitled to
the holiday without loss of ordinary time pay or shift penalty provided that
the employee worked on the working day immediately preceding and the working
day immediately succeeding the holiday.
Where two holidays fall on consecutive days an employee who worked on
either the working day preceding or the working day succeeding either such day
but not on both shall be paid for the holiday nearer to the said day on which
the employee worked; provided that an employee who produces evidence
satisfactory to the employer that the absence from work on any such day before
or after a holiday was due to a good and sufficient cause shall not lose
payment for the relevant holiday.
(iii) A weekly
employee rostered off on a public holiday, except Easter Saturday, shall be
entitled to one additional day as a holiday which shall be taken as agreed
between the employee and the employer or failing agreement to be added to the
employee’s entitlement to annual holidays.
11. Annual Holidays
(i) See the Annual
Holidays Act 1944.
(ii) The shift penalty
payments prescribed in subclause (v) of clause 7, Shiftwork, of this award
shall be regarded as part of the ordinary pay of employees entitled to such
payments for the purposes of the Annual Holidays Act 1944.
(iii) An employee
who was engaged as a doughmaker on 3 January, 1990, and who has been receiving
additional annual holiday per year shall continue to receive that annual
holiday whilst ever engaged in that capacity.
12. Annual Holiday
Loading
(i) In this
clause the Annual Holidays Act 1944 is referred to as "the
Act".
(ii) Before an
employee is given and takes annual holidays, or, where by agreement between the
employer and employee the annual holiday is given and taken in more than one
separate period, then before each of such separate periods, the employee shall
be paid a loading determined in accordance with this clause. (Note: The
obligation to pay in advance does not apply where an employee takes an annual
holiday wholly or partly in advance - see subclause (v)).
(iii) The loading
is payable in addition to the pay for the period of annual holiday given and
taken due to the employee under the Act and this award.
(iv) The loading is
17.5% of the employee’s ordinary rate of pay for the period of the annual
holiday prescribed by clause 11, Annual Holidays of this award for the
classification in which the employee was employed immediately before commencing
the annual holiday period or separate periods.
(v) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such employee continues until the day when
the employee would have become entitled under the Act to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause (iv) of this clause applying the
award rates of wages payable on that day.
(vi) Where, in
accordance with the Act, the employer’s establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned:
(a) an employee
who is entitled under the Act to an annual holiday and who is given and takes
such annual holiday shall be paid the loading calculated in accordance with
subclause (iv) of this clause.
(b) an employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable under
the Act such proportion of the loading that would have been payable under this
clause if the employee had become entitled to an annual holiday prior to the
closedown as the employee’s qualifying period of employment in completed weeks
bears to 52.
(vii)
(a) When the
employment of an employee is terminated by the employer for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (iv) for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee’s employment.
(viii) This clause extends
to an employee who is given and takes an annual holiday and who would have
worked as a shift worker if not on annual holidays; provided that, if the
amount to which the employee would have been entitled by way of shift work
allowances and weekend penalty rates for the ordinary time (not including time
on a public or special holiday) which the employee would have worked during the
period exceeds the loading calculated in accordance with this clause, then that
amount shall be paid to the employee in lieu of the loading prescribed by this
clause.
13. Long Service
Leave
(i) See Long
Service Leave Act 1955.
(ii) The shift
penalty payments prescribed by subclause (v) of clause 7, Shiftwork, of this award
shall be regarded as part of the ordinary rate of pay of employees entitled to
such payments for the purposes of the Long Service Leave Act
1955.
14. Sick Leave
(i) Employees on
weekly hiring who, after not less than 3 months’ service, are absent from work
on account of personal illness or injury by accident shall be entitled to sick
leave, without deduction of pay, subject to the following conditions and
limitations:
(a) Employees
shall not be entitled to paid sick leave of absence for any period in respect
of which they are entitled to workers compensation.
(b) Employees
shall within 24 hours of commencement of such sick leave, inform the employer
of inability to attend for duty, and, as far as practicable, state the nature
of the injury or illness and the estimated duration of the absence.
(c) An employee
shall prove to the satisfaction of the employer that the employee was unable,
on account of such illness or injury, to attend for duty on the day or days for
which sick leave is claimed; provided that for the first two single days for
which sick leave is claimed in a year of employment, a medical certificate
shall not be required.
(d) Subject to
subparagraph (e) the entitlement to sick leave per year of employment shall be
38 hours during the first year of employment and 61 hours during the second and
subsequent years of employment.
(e) A part time
employee shall, subject to the provisions of this clause be entitled to a
proportionate amount of sick leave. The amount of sick leave to which a part
time employee is entitled in any year shall bear the same proportion to sick
leave prescribed during that year of employment for a full-time employee as the
part time employee’s average number of ordinary hours worked during the
previous six months of employment, or if there is not a 6 month period of
employment then the average number of ordinary hours worked during the actual
period of employment, bears to the number of ordinary hours worked by full time
employees.
(f) An employee
shall be entitled to sick leave without reduction of penalty rates.
(ii)
(a) The employee’s
entitlement under this clause shall accumulate from year to year so long as the
employee’s employment continues with the employer, whether under this or any
other award, so that any sick leave entitlement which has not been allowed in
any year may be claimed by the employee and shall be allowed by the employer
subject to the conditions prescribed by this clause in a subsequent year of
such continued employment.
(b) For each day’s
absence from work, the employee’s accrued sick leave entitlement shall be
reduced by the number of ordinary daily hours for which the employee was
rostered for that day in accordance with clause 5, Hours of Work.
(c) Where a
business, undertaking or establishment or any part thereof is transmitted from
one employer to another employer and an employee who at the time of the
transmission was employed by the transmittor in that business, undertaking,
establishment or part thereof becomes an employee in the employ of the
transmittee any sick leave which has accumulated and not been taken during the
employment with the transmittor may be claimed by the employee and shall be
allowed by the transmittee subject to the conditions prescribed by this clause
during the employee’s employment with the transmittee. Sick leave accumulated
by an employee pursuant to this paragraph shall be deemed to be sick leave
accumulated during the employee’s employment with the transmittee. An employee who was employed by the
transmittor at the time of the transmission and thereafter is employed by the
transmittee shall be entitled to sick leave during the first 3 months
employment with the transmittee notwithstanding subclause (i) of this clause.
(d) Where an
employee is transferred from the service of an employer being a corporation to
the service of another employer, being a corporation related to the first
employer at the time of the transfer, sick leave accumulated and not taken in
the employ of the first employer shall after the transfer be deemed to be sick
leave accumulated in the employ of the second employer and the employee shall
be entitled to sick leave during the first 3 months of employment with the
second employer.
(iii) Service with
the employer before the date of coming into force of this award shall be
counted as service for the purpose of qualifying for sick leave.
15. Personal Carer’s
Leave
1. Use of Sick
Leave
(a) An employee
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 14, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer’s leave under this subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a defacto
spouse, who in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or defacto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the defacto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for purposes of this
subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
2. Unpaid Leave
for Family Purposes
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (i) of paragraph (c) of subclause (1) who is ill.
3. Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holiday’s
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
inclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
4. Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within the 12
months of the said election.
(b) Overtime taken
as time off during ordinary hours shall be taken at the ordinary time rate,
that is an hour for each hour worked.
(c) If, having elected
to take time as leave in accordance with paragraph (a) of this subclause, the
leave is not taken for whatever reason payment for time accrued at overtime
rates shall be made at the expiry of the 12 month period or on termination.
(d) Where no election
is made in accordance with the said paragraph (a), the employee shall be paid
overtime rates in accordance with the award.
5. Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee
may elect, with the consent of the employer, to work "make-up time"
(under which the employee takes time off ordinary hours and works those hours
at a later time), at the shift work rate which would have been applicable to
the hours taken off.
6. Rostered Days
Off
(a) An employee on
shift work may elect, with the consent of the employer, to take a rostered day
off at any time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect with the consent of the employer, to accrue some or all rostered days
off for 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.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
16. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, on each occasion of the death of a person as
prescribed by the said subclause (iii) of this clause. Where the death of a
person as described by subclause (iii) occurs outside Australia, the employee
shall be entitled to up to two days bereavement leave where the employee
travels outside Australia to attend the funeral.
(ii) 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.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph © of subclause (1) of clause 15, Personal
Carer’s Leave of this Award provided that, for the purpose of bereavement
leave, the employee need not have been responsible for the are of the person
concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement leave
may be taken in conjunction with other leave available under subclauses (2),
(3), (4) (5) and (6) of the said clause 15. In determining such a request the
employer will give consideration to the consideration to the circumstances of
the employee and the reasonable operational requirements of the business.
17. Occupational
Superannuation
(i) The employer
shall pay on behalf of each full-time adult employee with six months continuous
service 3% of the employee’s ordinary rate of pay per week in a superannuation
fund meeting the requirements set down by the Commissioner for Occupational
Superannuation.
(ii) The employer
shall pay on behalf of each part-time adult employee with six months continuous
service working more than twenty hours per week 3% of the employee’s ordinary
rate of pay into a fund meeting the requirements set down by the Commissioner
for Occupational Superannuation.
(iii) Where an
employee is absent, on leave without pay, whether or not such leave is
approved, no contribution from the employer shall be due in respect of that
employee, in respect of the period of unpaid absence.
(iv) The obligation
of the employer to contribute to the fund in respect of an employee shall cease
on the last day of such employee’s employment with the employer.
(v) An employer
who at the date of the variation of this award is already contributing to a
superannuation fund meeting the requirements set down by the Commissioner for
Occupational Superannuation, in accordance with the principles established in
the State Wage Case of December, 1987 shall be exempt from this clause.
(vi) Where an
employer has failed, pursuant to subclause (i) & (ii) of this clause to
make application to participate in the fund, the employer shall make
application to participate in the fund and upon acceptance by the Trustees
shall make an initial contribution to the fund, in respect of each employee, as
if the employer had made application to participate in the fund and been
accepted by the Trustees prior to 28 February 1992, after which the employer
shall then continue to make payments as prescribed by this award. Other than for back-payment contributions,
the employee shall not be entitled to:
(a) interest on
contributions; and/or
(b) death and
disability cover,
until such time as the employer becomes a member of the
fund; that is, the date of acceptance
by the trustees.
18. Shortage of Money
Or Bread
(i) An employee
who delivers bread shall be supplied with a copy of the loading slip for each
load taken during the day.
(ii) Except in the
case of dishonesty, an employee shall not be required to make good any shortage
of money or bread appearing on the face of the employee’s book or statement of
delivery unless notified of such shortage of money or bread within 48 hours after
the day on which the entry in the book or statement has been made and that
employee has been given an opportunity of checking same. Saturdays, Sundays, and holidays are not to
be reckoned in the said 48 hours.
(iii) Where the
employee is notified of the shortage within the period prescribed by subclause
(ii) of this clause, the employer may, each week, until the whole shortage is
satisfied, deduct an amount on account thereof from the wages due to the
employee: provided that the employee is paid a gross sum not less than
two-thirds of the pay prescribed for an employee by clause 4, Rates of Pay, of
this award; provided further that in
the case of dishonesty or in the case of termination of services, the full amount
of the wages due may be retained by the employer.
Deductions in respect of shortages notified in
accordance with the provisions of this clause shall commence within 3 months of
such notification and then continue each week until the shortage is repaid,
otherwise the right to deduct shall be forfeited.
(iv) Employees
shall be notified each week of the overs and shortages. Any overs are to be credited to the employee
and shall be available to meet subsequent shortages; provided that any credit
at the end of any accounting quarter may be forfeited except that shortages and
overs in the last two weeks of any quarter may be offset against overs or
shortages in the first two weeks of the next quarter.
(v) For the
purpose of this clause where more than one employee is regularly employed
delivering on any bread run from one vehicle or conveyance, each shall be
supplied by the employer with a book in which the employee shall enter up,
daily, the amount of bread that the employee delivers to each customer served
by the employee and any cash received.
This subclause shall not apply to an employee learning the run.
(vi) Unless an
employee is furnished with a list of bread and bread rolls delivered to
customers and cash received on the employee’s run by some other person the
employee shall not be responsible for the booking thereof.
19. Jury Service
(i) A weekly
employee shall be allowed leave of absence during any period when required to
attend for jury service.
(ii) During such
leave of absence, an employee shall be paid the difference between the jury
service fees received and the employee’s normal rate of pay.
(iii) An employee
shall be required to produce to the employer proof of jury service fees
received and proof of requirement to attend and attendance on jury service and
shall give the employer notice of such requirement as soon as practicable after
receiving notification to attend for jury service.
20. Redundancy
(i) Application
(a) This clause
shall apply in respect of full time and part time employees employed in the
classifications specified by the parent award.
(b) This award
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year’s continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this award, 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 or where employment is
terminated due to the ordinary and customary turnover of labour.
(ii) Introduction
To Change
(a) Employer’s
duty to notify
1. Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
2. ‘Significant
effects’ include termination of employment, major changes in the composition,
operation or size of the employers workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer or
employees to other work or locations and the restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(b) Employers Duty
To Discuss Change -
1. The employers
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in subclause (ii)
above, Employers duty to notify, of this clause, the effects the changes are
likely to have on employees and measures to avert or mitigate the adverse
effects of such changes on employees, and shall give prompt consideration to
matters raised by the employees and/or the union in relation to the changes.
2. The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in subclause (ii) of this
clause.
3. For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iii) Redundancy
(a) Discussions
Before Terminations -
1. Where an employer
has made a definite decision that the employer no longer wishes the job the
employee has been doing done by anyone pursuant to paragraph (a) of subclause
(ii), Introduction of Change, and that decision may lead to the termination of
employment, the employer shall hold discussions with the employees directly
affected and with the union to which they belong.
2. The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of paragraph (1) of
this subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination of the employees concerned.
3. For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out. Provided that any employer shall
not be required to disclose confidential information the disclosure of which
would adversely affect the employer.
(iv) Termination Of
Employment
(a) Notice For
Changes In Production, Program, Organisation or Structure -
This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from ‘production’,
‘program’, ‘organisation’ or ‘structure’ in accordance with subclause (ii)(a)
of this clause.
1. In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of continuous
service
|
Period of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
2. In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week’s notice.
3. Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(b) Notice For
Technological Change -
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from ‘technology’
in accordance with subclause (ii)(a) of this clause:
1. In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
2. Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
3. The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(c) Time Off
During The Notice Period -
1. During the
period of notice of termination given by the employer an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of five days, for the purposes of seeking other
employment.
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 shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(d) Employee
Leaving During The Notice Period -
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
(e) Statement of
Employment -
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
(f) Notice To
Centrelink -
Where a decision has been made to terminate employees,
the employer shall notify Centrelink thereof as soon as possible giving relevant
information including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(g) Centrelink
Employment Separation Certificate -
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
‘Employment Separation Certificate’ in the form required by Centrelink.
(h) Transfer To
Lower Paid Duties
Where an employee is transferred to lower paid duties
for reasons set out in subparagraph (1) of subclause (ii), Introduction of
Change, of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would
have been entitled to if the employee’s employment had been terminated, and the
employer may at the employer’s option make payment in lieu thereof of an amount
equal to the difference between the former ordinary time rate of pay and the
new ordinary time rates for the number of weeks of notice still owing.
(v) Severance Pay
(a) Where an
employee is to be terminated pursuant to subparagraph (iv) of this clause,
subject to further order of the Industrial Relations Commission of New South
Wales, the employer shall pay the following severance pay in respect of a continuous
period of service:
1. If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of service
|
Under 45 years of
Age Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
2. Where an employee
is 45 years old or over, the entitlement shall be in accordance with the
following scale:
Years of service
|
45 years of Age
& 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
|
3. ‘Weeks Pay’ means
the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances paid in accordance with this
Award:
(b) Incapacity To
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
subparagraph (a) above.
The Industrial Relations Commission of New South Wales
shall have regard to such financial and other resources of the employer
concerned as the Industrial Relations Commission thinks relevant, and the
probable effect paying the amount of severance pay in subparagraph (a) above
will have on the employer.
(c) Alternative
Employment -
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
subparagraph (a) above if the employer obtains acceptable alternative
employment for an employee.
21. Anti
Discrimination
(i) 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
ground of race, sex, marital status, disability, homosexuality, transgender
identity and age.
(ii) 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.
(iii) 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.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practise of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
22. Settlement of
Disputes and Grievances
(i) Procedures
relating to grievances of individual employees:
(a) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedies sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with gradual
steps for further discussions and resolutions at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussions at each level of authority.
(d) At the
conclusion of the discussions, the employer must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) Whilst a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(ii) Procedures
relating to disputes etcetera between employers and their employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with gradual steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) Whilst a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
23. Area, Incidence
and Duration
(a) The Bread
Industry (State) Award and shall apply to:
(i) the classes
of employees specified in clause 3, Classifications, of this award within the
jurisdiction of the Baking Industry (State) Industrial Committee.
(ii) apprentices
to the trade of bread manufacturing, being a trade declared for the purposes of
the Apprenticeship and Traineeship Act 2001.
(b) The changes
made to the award pursuant to the award review under section 19(6) of the Industrial
Relations Act 1996 and principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 18 December
1998 (85 IR 38) take effect on and from 5 February 2004.
(c) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Wages
Classification
|
Former Rate
|
SWC2003
|
Total Rate
|
|
per Week
|
|
per Week
|
|
$
|
$
|
$
|
Bread Industry Employee Level 1
|
605.70
|
17.00
|
622.70
|
Bread Industry Employee Level 2
|
564.20
|
17.00
|
581.20
|
Bread Industry Employee Level 3
|
542.50
|
17.00
|
559.50
|
Bread Industry Employee Level 4
|
508.10
|
17.00
|
525.10
|
Bread Industry Employee Level 5
|
486.50
|
17.00
|
503.50
|
Bread Industry Employee Level 6
|
463.60
|
17.00
|
480.60
|
Table 2 - Other
Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
Payable
|
|
|
|
$
|
1
|
2(v)(b)
|
Apprentices’ Allowance: Stage 1 pass
|
5.20 per week
|
|
4(vi)(g)(i)
|
|
|
2
|
2(v)©
|
Apprentices’ Allowance: Completion of course
|
14.70 per week
|
|
4(vi)(g)(ii)
|
|
|
3
|
4(vi)(a)(1)
|
Leading Operator: More than 4 employees
|
26.80 per week
|
4
|
4(vi)(a)(2)
|
Leading Operator: Up to four employees
|
13.50 per week
|
5
|
4(vi)(b)
|
Heavy Vehicle Driving Allowance:
|
|
5.1
|
4(vi)(b)(1)
|
Over 3 and up to 4.5 tonnes
|
3.40 per week
|
5.2
|
4(vi)(b)(2)
|
Over 4.5 tonnes and up to 14.95 tonnes
|
26.70 per week
|
5.3
|
4(vi)(b)(3)
|
Over 14.95 tonnes
|
35.30 per week
|
5.4
|
4(vi)(b)(4)
|
Semi-trailer
|
63.50 per week
|
6
|
4(vi)©
|
Merchandiser Allowance:
|
|
6.1
|
|
Flat amount
|
14.00 per day
|
6.2
|
|
Variable amount
|
28 cents per km
|
7
|
4(vi)(d)
|
First-aid Allowance
|
12.00 per week
|
8
|
4(vi)(e)
|
Boiler Allowance
|
11.60 per week
|
9
|
4(vi)(f)
|
Meal Allowance
|
10.00 per meal
|
SCHEDULE A
Award and
Variations Incorporated
Clause
|
Award/Variation
|
Date of Publication
|
Date of taking
Effect
|
Industrial Gazette
|
|
|
|
|
Vol
|
Page
|
4, Part B
|
B9610
|
19.01.01
|
09.08.00
|
321
|
967
|
4, Part B
|
CO817
|
14.12.01
|
09.08.01
|
330
|
443
|
21
|
C1016
|
08.03.02
|
31.05.01
|
331
|
1077
|
4, Part B
|
C1384
|
08.11.02
|
09.08.02
|
336
|
1166
|
4, Part B, 9A, 8
|
C2175
|
n/a
|
09.08.03
|
n/a
|
n/a
|
SCHEDULE B
Changes Made on
Review
Date of Effect: 5
February 2004
(1) Provisions
Modified:
Award
|
Clause
|
Previous Form of
Clause
|
|
|
Last Published at:
|
|
|
IG Vol
|
Page
|
Miscellaneous Bread Industry (State) Award
|
2(i)(g)
|
319
|
506
|
Miscellaneous Bread Industry (State) Award
|
2(ii)(a)
|
319
|
507
|
Miscellaneous Bread Industry (State) Award
|
2(v)
|
319
|
508
|
Miscellaneous Bread Industry (State) Award
|
2(v)(a)
|
319
|
508
|
Miscellaneous Bread Industry (State) Award
|
2(v)(e)
|
319
|
508
|
Miscellaneous Bread Industry (State) Award
|
2(v)(f)
|
319
|
508
|
Miscellaneous Bread Industry (State) Award
|
2(v)(f)
|
319
|
508
|
Miscellaneous Bread Industry (State) Award
|
2(v)(g)
|
319
|
508
|
Miscellaneous Bread Industry (State) Award
|
2(v)(h)
|
319
|
508
|
Miscellaneous Bread Industry (State) Award
|
2(v)(i)
|
319
|
508
|
Miscellaneous Bread Industry (State) Award
|
2(v)(j)
|
319
|
508
|
Miscellaneous Bread Industry (State) Award
|
2(v)(k)
|
319
|
509
|
Miscellaneous Bread Industry (State) Award
|
4
|
319
|
514
|
Miscellaneous Bread Industry (State) Award
|
10(i)(a)
|
319
|
519
|
Miscellaneous Bread Industry (State) Award
|
23(b)
|
319
|
530
|
(2) Provisions Removed
Award
|
Clause
|
Previous Form of
Clause
|
|
|
Last Published at:
|
|
|
IG Vol
|
Page
|
|
|
|
|
(1) Rescinded Obsolete
Awards Related to this Review:
Not Applicable
Baking Industry
(State) Industrial Committee
Industries and Callings
Bread salespersons and all persons engaged in or in
connection with the selling and/or delivery of bread or bread rolls or baked
goods (including persons engaged who are deemed to be employees pursuant to
subclause (e) of Schedule 1 of the Industrial Relations Act 1996,
breadroom hands, and all persons employed in bakeries in or in connection with
the slicing and/or wrapping of bread, loaders, grooms, stablepersons and
yardpersons, employed in connection therewith in the State, excluding the
County of Yancowinna; and
Machine and hand bakers and assistants in the State,
excluding the County of Yancowinna;
excepting -
Engine drivers and firepersons, greasers, trimmers, cleaners
and pumpers engaged in and about the driving of engines, and electrical crane,
winch and motor drivers.
A. W. MACDONALD, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.