Bootmakers
and Heel Bar Operatives, &c. (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1527 of 2007)
Before Commissioner
Bishop
|
4 February 2008
|
REVIEWED
AWARD
Clause No. Subject Matter
PART A
Arrangement
1. Arrangement
2. Definitions
3. Enterprise
Consultation
4. Monetary
Rates
4A. Secure
Employment
5. State
Wage Case Adjustments
6. Enterprise
Arrangements
7. Redundancy
8. Commitment
to Training and Careers
9. Supported
Wage
10. Contract
of Employment
11. Saturday
and Late Nights Penalty Rates and Loading in Shops
12. Hours of
Work - Shops
13. Hours of
Work - Factory or Workshop
14. Implementation
of a 38-Hour Week
15. Overtime
16. Meal
Allowance
17. Meal Times
18. Rest Pause
19. Public
Holidays
20. Proof of
Age
21. Tools
22. Mixed
Functions
23. Sick Leave
24. Personal/Carer's
Leave
24A. Parental
Leave
25. Bereavement
Leave
26. Blood Donor
Leave
27. Jury
Service
28. Annual
Holidays
29. Annual
Holiday Loading
30. Travelling
Time, Expenses, Fees, Etc.
31. Long
Service Leave
32. Cleaning
Duties
33. Dispute
Settlement Procedure
33A. Union
Membership Fee Deduction
34. Uniform
Laundering Allowance
35. Notations
36. Occupational
Superannuation
37. Technical
College Fees for Apprentices
38. Supply of
Tools
39. Anti-Discrimination
40. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
2. Definitions
(a) Journeyperson
- means an employee employed in the industry (other than an apprentice or a
trainee) or a heel bar operative.
(b) Bespoke
Bootmaker - means a journeyperson engaged in making, cutting and/or fitting
lasts, at any stage of making.
(c) Surgical
Bootmaker - means a Bespoke Bootmaker engaged on anatomical, surgical and
orthopaedic work.
(d) Repairer -
means a journeyperson engaged in repairing shoes or boots and/or finishing new
work.
(e) Heel Bar
Operative - means an employee engaged upon shoes renewal "while you
wait" service involving the use of specialised equipment and only pre-cut
materials. Their Functions involve only
the repairs of heels (but not the replacement of heel blocks), the preparation
of soles and the application of soles thereto by adhesive, the gluing and/or
stapling of straps, attaching shoe piece and shoe stretching.
(f) Improver Heel
Bar Operative - means a person who has not had three calendar months experience
employed as a Heel Bar Operative and who has been appointed by the employer to
the employed as an Improver Heel Bar Operative for a training period of a
maximum of three calendar months; such person shall not be included in the
classification of Apprentice or Trainee.
(g) Junior
Employee - means a person employed in a shop between the age of not less than
18 years and not more than 20 years and includes a person employed in a factory
or workshop between the age of not less than 16 years and not more than 20
years. Such person shall not be included
in the classification of apprentice and shall not work in a declared trade.
(h) Part-time
Employee - is employed on a weekly basis to work a set number of hours and days
each week. The number of hours is not less
than 12 per week nor more than 30 per week to be worked on not more than five
days per week.
(i) Shop - refer
to section 78 of the Shops and Industries Act 1962. Employees covered by this award working in a
retail establishment shall be deemed to be employed in a shop.
(j) Apprentice -
is an individual undertaking an apprenticeship established under the Apprenticeship
and Traineeship Act 2001.
(k) Union - shall
mean the Shop Distributive and Allied Employees' Association, New South Wales,
and the Shop Assistants and Warehouse Employees Federation of Australia,
Newcastle and Northern, New South Wales.
(l) Committee -
shall mean the Bespoke Bootmakers, &c. (State) Industrial Committee.
(m) Trainee - means
an employee bound by the Retail Industry (State) Training Wage Award.
3. Enterprise
Consultation
Enterprises covered by this award shall establish a
consultative mechanism and procedures appropriate to their size, structure and
needs for consultation and negotiation on matters affecting their efficiency
and productivity.
4. Monetary Rates
(i) The minimum
rate of pay to be paid for each classification, each week, by an employer shall
be as set out in the Total Wage Column of Table 1 - Wage Rates, of Part B,
Monetary Rates.
|
Group No.
|
Classification
|
Table 1
|
|
|
Heel Bar Operative
|
1
|
Boot or Shoe Repairer
|
2
|
Bespoke Bootmaker
|
3
|
Surgical Bookmaker
|
4
|
(ii) Additional
Payments - Provided that a boot or shoe repairer, who, for the major part of the
week is required to repair anatomical, surgical or orthopaedic boots or shoes,
shall be paid a loading as set out in Item 1 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(iii) Junior
Employees -
(a) The minimum
rate of pay according to age to be paid by the employer to junior employees
employed in a shop as defined in clause 2, Definitions, shall be a percentage
of the total rate of pay of the classification of a Heel Bar Operative in
subclause (i) of this clause. The
percentage to be paid shall be as follows:
Age
|
Percentage
|
|
|
At 18 years
|
70
|
At 19 years
|
80
|
At 20 years
|
90
|
(b) The minimum
rate of pay according to age to be paid by the employer to junior employees employed
in a factory or workshop, as defined in the said clause 2, shall be a
percentage of the total rate of pay of the classification of Heel Bar Operative
in subclause (i) of this clause. The
percentage to be paid shall be as follows:
Age
|
Percentage
|
|
|
At 16 years
|
50
|
At 17 years
|
60
|
At 18 years
|
70
|
At 19 years
|
80
|
At 20 years
|
90
|
(iv) Apprentices -
The minimum weekly rate of pay for apprentices shall be a percentage of the Boot
and Shoe Repairer classification as follows:
|
Percentage
|
1st Year of Experience -
|
|
|
|
1st six months
|
50
|
2nd six months
|
55
|
|
|
2nd Year of Experience -
|
|
|
|
1st six months
|
65
|
2nd six months
|
70
|
|
|
3rd Year of Experience -
|
|
|
|
1st six months
|
80
|
2nd six months
|
85
|
(v) Improver Heel
Bar Operative - Whilst so engaged in such duties, an Improver Heel Bar Operative
shall be paid by the employer during the three calendar months period of
training a sum equivalent to ninety per cent of the total rate of pay of the
classification of Heel Bar Operative as prescribed in subclause (i) of this
clause.
(vi) Part-Time
Employees - Shall be paid an hourly rate equal to the appropriate weekly rate
divided by thirty-eight.
(vii) Casual
employees shall be paid an hourly rate equal to the appropriate weekly rate
divided by thirty-eight, plus 15 per cent, calculated to the nearest half cent
with a minimum payment on any shift of three hours.
Provided that upon employment, a new casual employee
may be engaged for a minimum of 2 hours for the first two engagements provided
that these engagements shall be for the purpose of training only.
4A. Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the
employee retains his or her right of election under this subclause if the
employer fails to comply with this notice requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or part-time
employment, and within four weeks of receiving such notice from the employee,
the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an
employer refuses an election to convert, the reasons for doing so shall be
fully stated and discussed with the employee concerned, and a genuine attempt
shall be made to reach agreement. Any dispute about a refusal of an election to
convert an ongoing contract of employment shall be dealt with as far as
practicable and with expedition through the disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award or pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996
(NSW).
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment.
If there is any dispute about the arrangements to apply to an employee
converting from casual employment to full-time or part-time employment, it
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) 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.
(2) 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.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(d) Disputes Regarding
the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) 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.
5. State Wage Case
Adjustments
(a) The rates of
pay in this award include the adjustments payable under the State Wage Case
2007. These adjustments may be offset
against:
(i) any
equivalent overaward payments, and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
6. Enterprise
Arrangements
(a) The Industrial
Relations Commission may approve of enterprise arrangements reached in
accordance with this clause and the provisions of the Act. Provided that these arrangements are in
accordance with the State Wage Case principles, as varied from time to time.
(b) Industrial
unions of employees and industrial unions of employers, or industrial unions of
employees and employers, or employees and employers may negotiate enterprise
arrangements which, subject to the following provisions, shall prevail over the
provision of any award or order of the Industrial Relations Commission that
deals with the same matters in so far as they purport to apply to parties bound
by the arrangements, provided that where the arrangement is between employees
and an employer a majority of employees affected by the arrangement genuinely
agree.
(c) An enterprise
arrangement shall be an agreed arrangement for an enterprise, or discrete
section of an enterprise, being a business, undertaking or project, involving
parties set out in subclause (b).
(d) Enterprise
arrangements shall be for a fixed term and there shall be no further
adjustments of wages or other conditions of employment during this term other
than where contained in the arrangement itself. Subject to the terms of the arrangement, however, such
arrangement shall continue in force until varied or rescinded in accordance
with the Act.
(e) For the
purposes of seeking the approval of the Industrial Relations Commission, and in
accordance with the provisions of the Act, a party shall file with the
Industrial Registrar an application to the Commission to either:
(i) vary an award
in accordance with the Act; or
(ii) make a new
award in accordance with the Act.
(f) On a hearing
for the approval of an enterprise arrangement, the Industrial Relations
Commission will consider in addition to the industrial merits of the case under
the State Wage Case principles:
(i) ensuring the
arrangement does not involve a reduction in ordinary time earnings and does not
depart from Commission standards of hours of work, annual leave with pay or
long service leave with pay; and
(ii) whether the
proposed award or variation is consistent with the continuing implementation at
enterprise level of structural efficiency considerations.
(g) The operative
date for an enterprise arrangement shall be no earlier than the date of
approval by the Industrial Relations Commission, except that the Industrial
Relations Commission may approve an earlier operative date to achieve
consistency with the operative date of an enterprise arrangement which has
earlier been approved by the Australian Industrial Relations Commission.
(h) Where parties
to an enterprise arrangement include employees covered by a federal award, an
agreement covering those employees may be submitted to the federal tribunal for
approval.
(i) The
Industrial Relations Commission is available to assist the parties to
negotiations for an enterprise arrangement by means of conciliation and, in
accordance with this clause and the Act, by means of arbitration. If any party to such negotiations seeks
arbitration of a matter relating to an enterprise arrangement such arbitration
shall be as a last resort.
(j) Enterprise
arrangements entered into directly between employees and employers shall be processed
as follows, subject to the Industrial Relations Commission being satisfied in a
particular case that departure from these requirements is justified:
(i) All employees
will be provided with the current prescriptions (eg award, industrial agreement
or enterprise agreement) that apply at the place of work.
(ii) The
arrangement shall be committed to writing and signed by the employer, or the
employer's duly authorised representative , with whom agreement was reached.
(iii) Before any
arrangement is signed and processed in accordance with this principle, details
of such arrangement shall be forwarded in writing to the union or unions with
members in that enterprise affected by the changes and the employer
association, if any, of which the employer is a member.
(iv) A union or
employer association may, within 14 days thereof, notify the employer in
writing of any objection to the proposed arrangements, including the reasons
for such objection and in such circumstances the parties are to confer in an effort
to resolve the issue.
(v) Where an
arrangement is objected to by a union or employer association and the objection
is not resolved, an employer may make application to the Industrial Relations
Commission to vary an award or create a new award to give effect to the
arrangement.
(vi) A union and/or
employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(vii) If no party
objects to the arrangement, then a consent application shall be made to the Industrial
Relations Commission to have the matter approved in accordance with paragraph
(e) of this principle.
(viii) Such
arrangement once approved shall be displayed on a notice board at each
enterprise affected.
7. Redundancy
(a) Application -
(i) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified in (i) of Table 1 - Wages, of Part B, Monetary Rates.
(ii) This clause
shall also apply in respect of employers who employ more than 15 employees
immediately prior to the termination of employment of employees.
(iii) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(b) Introduction
of Change -
(i) 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 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.
(ii) Employer's
duty to discuss change -
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (i), of
subclause (b), Introduction of Change, 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 the said paragraph (i) of
subclause (b) 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.
(c) Redundancy -
(i) 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 to be done by anyone pursuant to paragraph (i)
of subclause (b), Introduction of Change, of this clause, 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 practicable after the employer has made
a definite decision which will invoke the provisions of the said paragraph (i)
of subclause (b) and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(3) For the
purpose 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 employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(d) Termination of
Employment -
(i) Notice for
changes in production, programme, organisation or structure - this paragraph sets
out the notice provisions to be applied to termination by the employer for
reasons arising from production, programme, organisation or structure, in
accordance with paragraph (i) of subclause (b), Introduction of Change, 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 above 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.
(ii) Notice for
technological change - This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with paragraph (i) of subclause (b) of
this clause.
(1) In order to
terminate the employment of an employee, the employer shall give to the
employee three 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.
(iii) 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 weeks, 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.
(iv) 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 to which
the employee would have been entitled had the employee remained with the
employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled
to payment in lieu of notice.
(v) Statement of
employment - the employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate employees, the employer
shall notify Centrelink 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.
(vii) Centrelink
Separation Certificate - The employer shall, upon request from an employee
whose employment has been terminated, provide to the employee an Employment
Separation Certificate in the form required by Centrelink.
(viii) Transfer to
lower-paid duties - Where an employee is transferred to lower-paid duties for
reasons set out in paragraph (i) of subclause (b) 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 rate for the number of weeks of notice still owing.
(e) Severance Pay
-
(i) Where the
employment of an employee is to be terminated pursuant to subclause (d),
Termination of Employment, 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 of age or over, the entitlement shall be in accordance
with the following scale:
Years of service
|
Under 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
|
(ii) 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 contained in paragraph (i) of this
subclause.
The Industrial Relations Commission of New South Wales
shall have regard to such financial and other resources of the employer
concerned as the Commission thinks relevant, and the probable effect of paying
the amount of severance pay in paragraph (i) of this subclause will have on the
employer.
(iii) Alternative
employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (i) of this subclause if the employer obtains
acceptable alternative employment for an employee.
(f) Savings
Clause - Nothing in this award shall be construed so as to require the
reduction or alteration of more advantageous benefit or conditions which an
employee may be entitled to under any existing redundancy arrangement, taken as
a whole, between the union and any employer bound by this award
8. Commitment to
Training and Careers
The parties acknowledge that varying degrees of training are
provided to employees in the Bootmaking Industry, through internal, on-the-job
training and through external training providers.
The parties commit themselves to continuing such training as
is regarded by them as appropriate and improving training in cases where this
is required.
It is agreed that the parties will co-operate in ensuring
that appropriate training is available for all employees in the Bootmaking
industry and the parties agree to co-operate in encouraging both employers and
employees to avail themselves of the benefits to both from such training.
The parties are committed to encouraging young people to
view the Bootmaking industry as one which has the capacity to provide them with
an interesting career as they progress not only through junior ranks but also
as adults.
The parties agree to continue discussions on issues raised
by the unions relating to training.
9. Supported Wage
(a) 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:
(i) "Supported
Wage Systems" 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.
(ii) "Accredited
Assessor" means a person accredited by the management unit established by
the Commonwealth under the Supported Wage System to perform assessment s of an
individual's productive capacity within the Supported Wage System.
(iii) "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 or any successor to that scheme.
(iv) "Assessment
Document" means the form 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.
(b) 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 an 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 the employers in respect
of their facility, program, undertaking, service or the like which received
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 12A of the said Act or, if a part only has received recognition, that
part.
(c) Supported Wage
Rates - Employees to whom this clause applies shall be paid the appropriate
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:
Assessed capacity
|
Percentage of
prescribed
|
(subclause (d))
|
award rate
|
|
|
Percentage
|
|
|
|
*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 $66.00 per week.)
*Where a person's assessed capacity is 10 per cent,
they shall receive a high degree of assistance and support.
(d) 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:
(i) the employer
and a union party to this award, in consultation with the employee or, if
desired, by any of these;
(ii) the employer
and an accredited Assessor from a panel agreed to by the parties to this award
and the employee.
(e) Lodgement of
Assessment Document -
(i) All
assessment documents under the conditions of this clause, including the
appropriate percentage of the award wage to be paid to the employee, shall be
lodged by the employer with the Registrar of the Industrial Relations
Commission of New South Wales.
(ii) All
assessment documents shall be agreed and signed by the parties to the
assessment, provided that where a union which is party to this award is not a party
to the assessment, it shall be referred by the Registrar to the union by
certified mail and will take effect unless an objection is notified to the
Registrar within ten working days.
(f) Review of
Assessment - The assessment of the appropriate percentage should be subject to
annual review, or earlier on the basis of a reasonable request for a
review. The process of review must be
in accordance with the procedures for assessing capacity under the Supported
Wage System.
(g) Other Terms
and Conditions of Employment - Where an assessment has been made, the
appropriate 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.
(h) Workplace
Adjustment - An employer wishing to employ a person under the provisions of
this clause must 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.
(i) Trial Period
-
(i) 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.
(ii) During the
trial period the assessment of capacity must be undertaken and the proposed
wage rate for a continuing employment relationship must be determined.
(iii) The minimum
amount payable to the employee during the trial period shall be no less than
$66.00 per week.
(iv) Work trials
should include induction or training as appropriate to the job being trialled.
(v) Where the
employer and employee wish to establish a continuing employment relationship
following the completion of the trial period, a further contract of employment
shall be entered into, based on the outcome of assessment under subclause (d)
of this clause.
10. Contract of
Employment
(i) Engagement -
An employee may be employed as a weekly, part-time or casual employee.
(ii) Time and
Payment of Wages - All wages shall be paid weekly except any commission, bonus
or premium which shall be paid by the employer within 14 days of the time such
commission, bonus or premium is earned to which the employee is entitled. Such payment shall be made on the same day
of each week, which shall not be a Friday, a Saturday or a Sunday, and shall be
made up to and including at least the second day preceding the day of payment;
provided that in a week where an award holiday falls on the day in which wages
are usually paid, payment thereof shall be made not later than the working day
immediately preceding the award holiday.
Other arrangements regarding payment may be made by agreement between
the employer and the union. Notwithstanding
the foregoing:
(1) Overtime shall
be paid not later than a week from the second day succeeding the day on which
it was earned. Provided that where an
employee is paid fortnightly in accordance with paragraph (6) of this
subclause, overtime worked in the second week of a pay period may be paid in
the following pay period.
(2) Where
employment is terminated an employee shall be paid forthwith all ordinary wages
due and shall be paid all overtime and other moneys due within seven days of
the date of the termination of employment.
(3) In the event
of an employer not paying the said overtime and other moneys due at the time on
which the employer has undertaken to pay them, the employer shall reimburse the
employee all expenses the employee has incurred in attending to collect the
amounts due.
(4) When an
employee is required by an employer to wait beyond the ordinary ceasing time of
the employee for payment of ordinary wages or, when an employee is terminated,
to wait for payment of ordinary wages after the period of the termination for a
period of more than 15 minutes, the employee shall be paid the employee's
ordinary wages for the period during which the employee is so required to wait.
(5) Wages may be
paid by electronic funds transfer.
Provided that where wages are paid by electronic funds transfer
additional costs associated with the introduction and operation of electronic
funds transfer shall be paid for by the employer.
(6) Wages may be
paid fortnightly provided that the employee is paid no later than the third day
of the second week of the pay period.
(iii) Termination of
Employment -
(a) In the case of
misconduct justifying instant dismissal an employee may be instantly dismissed.
(b) In all other
cases employment may be terminated by either party -
(1) during the
first month of employment by a moment's notice;
(2) thereafter, by
one week's notice or by the payment or forfeiture of one week's pay.
(c) Employment
shall not be terminated, except for misconduct, while the employee is
legitimately absent from duty on accrued sick leave.
(d) Termination
Immediately Prior to Holiday - Subject to subclause (a) of clause 19, Public
Holidays, an employee after more than two weeks' employment whose employment is
terminated by the employer on the business day preceding a holiday or holidays,
other than for misconduct, shall be paid for such holiday or holidays.
(e) Termination
Prior to Christmas - Notwithstanding the provisions of paragraph (d) hereof an
employee engaged on or after December 1 in any year whose employment finishes
before Christmas Day and who is not re-employed within four weeks of Christmas
Day by the same employer is not entitled to payment for the Christmas holidays.
(f) Certificate
of Service - An employee who has been employed for not less than one month, on
leaving or being discharged, shall, upon request, be entitled to a statement in
writing containing the date when the employment began and the date of
termination. The statement shall be the
property of the employee and shall be returned unnoted by any subsequent
employer, within seven days of the engagement.
(iv) Part-time
Employment -
(a) Ordinary hours
of work, exclusive of meal times, shall be the same as those prescribed for
full-time employees but shall not in any case be less than four hours per day nor
less than twelve hours per week nor more than 30 hours per week. Provided that where an employee's regular
rostered work is in excess of 30 hours per week then such an employee shall be
deemed to be a weekly employee and paid as such.
(b) Save for the
meal times prescribed, all time between the actual commencing time and the
actual ceasing time on any day shall count and shall be paid for as time
worked.
(c) A part-time
employee who works in excess of the hours prescribed under the weekly contract
of employment of such an employee shall be paid overtime.
(d) An employee
engaged on a part-time basis shall be entitled to pro rata payment in respect
of annual leave, public holidays, sick leave and bereavement leave.
(e) Notwithstanding
the provisions of this clause, the union and an employer may agree, in writing,
to observe other conditions in order to meet special cases.
Notation:
Subclause (iii) and subclause (iv) of this clause shall not apply to
Apprentices or Trainees.
11. Saturday and Late
Nights Penalty Rates and Loading in Shops
All ordinary hours worked by weekly and part-time employees
in shops on Thursday or Friday nights between 7.00 p.m. and 9.00 p.m. or on
Saturday shall be paid for at the rate of time and one-quarter, provided that employees
shall not receive less than the amounts set out in Item 2 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates.
12. Hours of Work -
Shops
(i) The ordinary
hours of work, exclusive of meal times, shall average 38 per week on not more
than five days, Monday to Saturday, and be worked between the hours of:
(a) 7.00 a.m. to
7.00 p.m. - Monday, Tuesday, Wednesday;
(b) 7.00 a.m. to
9.00 p.m. - Thursday, Friday;
(c) 7.00 a.m. to
6.00 p.m. - Saturday.
(ii) Provided that
where employees cease working ordinary hours by 12 noon on Saturday, the 38
hours may be worked over five and a half days.
13. Hours of Work -
Factory Or Workshop
(a) The ordinary
hours of work shall be an average of 38 per week, Monday to Friday inclusive,
between the hours of 7.00 am and 7.00 pm, spread over up to four weeks. Provided that this spread of hours may be
altered by mutual agreement between the employer and the Union.
(b) Each employer
may fix starting and finishing times for the employer's own establishment and
such starting and finishing times, when fixed, shall not be altered except on
fourteen days notice to the employees concerned.
14. Implementation of
a 38-Hour Week
(a) Each full-time
weekly employee shall be rostered so that the maximum number of hours that
shall constitute an ordinary week's work without the payment of overtime shall
not exceed on average 38 per week and may be worked in any one of the following
forms:
(i) 38 hours in
one week;
(ii) 76 hours in
two consecutive weeks;
(iii) 114 hours in
three consecutive weeks;
(iv) 152 hours in
four consecutive weeks;
and shall be worked on not more than five days in any
week, except in a shop where a five and one-half day week is worked in
accordance with clause 12, Hours of Work - Shops.
(b) Provided that
employees may be rostered their ordinary hours of work on five days of the
week, Monday to Friday, in which case the above provisions shall not apply.
(c) In each
establishment, an assessment shall be made as to which method of implementation
best suits the business and the proposal shall be discussed with the employees
concerned.
(d) In the absence
of agreement, the procedure for resolving such a problem is as follows:
(i) Consultation shall
take place within the particular establishment concerned.
(ii) If it is
unable to be resolved at establishment level, the matter shall be referred to
the State Secretary of the union concerned or the secretary's deputy, at which
level a conference of the parties shall be convened without delay.
(iii) If the
problem remains unresolved the matter shall be referred by either party to the
Industrial Relations Commission of New South Wales.
15. Overtime
An employee shall be paid overtime for all work as follows:
(i)
(a) In excess of:
(A) 38 hours per
week, or
(B) An average of
38 hours per week in accordance with clauses 12, Hours of Work - Shops, and 13,
Hours of Work - Factory or Workshop.
(C) Five days per
week, except in a shop where a five and one-half day week is worked in
accordance with the said clause 12.
(D) 30 hours per
week for a part-time employee, where that work is not done on a regular basis.
(b) Before an
employee's regular commencing time on any one day.
(c) After the
prescribed ceasing time on any one day.
(d) Outside the
ordinary hours of work.
(e) Employees who
work on their rostered day off or part-time employees who work on any day on
which they would not normally work shall be paid at the rate of time and a half
for the first two hours and at the rate of double time thereafter with a
minimum payment of four hours at the overtime rate.
(f) In computing
overtime each day's work shall stand alone.
(ii) The rate of
overtime shall be time and one-half for the first two hours on any one day and
at the rate of double time thereafter.
(iii) Any portion
of an hour less than thirty minutes shall be reckoned as thirty minutes and any
portion of an hour over thirty minutes shall be reckoned as one hour, except
where an employee is required to work after closing time to attend to customers
then in the shop, or in connection with closing the shop, including the
checking of cash received, when the time actually worked shall count.
(iv) By mutual
agreement the rate of overtime may be time off in lieu of overtime provided
that:
(a) Time off shall
be calculated at the penalty equivalent.
(b) The employee
is entitled to a fresh choice of payment or time off on each occasion overtime
is worked.
(c) Time off must
be taken within one calendar month of the working of the overtime, or it shall
be paid out.
(v) Subject to
clause 15(iv)(a) an employer may require an employee to work reasonable
overtime at overtime rates, or as otherwise provided for in this award.
(a) 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.
(b) For the
purposes of 15(iv)(a) what is unreasonable or otherwise will be determined
having regard to:
(i) any risk to
employee health and safety;
(ii) the
employee’s personal circumstances including any family and carer
responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if any)
given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
16. Meal Allowance
An employee who works overtime after 6.30 p.m. shall be
paid, on such day, an amount as set out in Item 3 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, as a meal allowance.
17. Meal Times
(i) An employee
who works five ordinary hours or more on any day shall be allowed on such day a
meal break of not less than 30 minutes and not more than one hour.
(ii) Provided that
the meal breaks referred to in subclause (i) of this clause shall be given and
taken so that no employee shall work more than five consecutive hours without a
meal break, except where there is agreement between an employer and an
employee, the period in which a meal break must be given and taken may be
extended.
(iii) An employee
who is required to work on any day later than 6.30 pm (other than in shops
which close at 7.30 p.m.) shall be allowed not less than 30 minutes nor more
than one hour for an evening meal on that day between 4.30 p.m. and 6.30 p.m.
(iv) To meet
special cases mutual agreements may be made between an employer and employees
regarding meal times, provided that in each case the union shall be advised of
such arrangement.
18. Rest Pause
When and where it can be arranged conveniently by the
employer each employee who works more than four hours on any day shall be
allowed a rest pause of 10 minutes.
19. Public Holidays
(a) All weekly
employees shall be entitled to the holidays hereinafter mentioned or any day
observed in lieu thereof without deduction of pay:
New Year's Day; Australia Day; Good Friday; Easter
Saturday; Easter Monday; Labour Day; Anzac Day; Queen's Birthday; Christmas
Day; Boxing Day.
Whenever Christmas Day and Boxing Day or New Year's Day
falls on a Saturday or Sunday the working day or days immediately following
shall be observed in lieu thereof.
(b) In addition to
the holidays prescribed in (a) above, weekly employees shall be entitled to an
additional holiday without loss of pay which shall be the "August Bank
Holiday".
Where an establishment remains open on the August Bank
Holiday and an employee volunteers to work on that day, such employee shall be
given either: an additional day off
within 28 days or a day added to Annual Leave, or an additional day's pay to be
decided by mutual agreement between the employer and employee.
An employer and an employee, or an employer and the
majority of employees in an establishment, may agree to observe an alternative
day as a holiday in lieu of the August
Bank Holiday.
(c) An employee
absent without leave on the day before or the day after any award holiday,
shall be liable to forfeit wages for the day of absence as well as for the
holiday, except where an employer is satisfied that the employee's absence was
caused through illness, in which case wages shall not be forfeited for the
holiday. Provided that an employee
absent on one day only, either before or after a group of holidays, shall
forfeit wages only for one holiday as well as for the period of absence.
(d) All work
performed on the holidays named in subclause (a) of this clause shall be paid
for at the rate of double time and a half.
(e) In a workshop
or factory when an employee's services are terminated by the employer other
than for malingering, inefficiency, neglect of duty or misconduct, in a period
not exceeding one week before the day the establishment closes down for the
Christmas period, the employee shall receive payment for the three public
holidays, namely Christmas Day, Boxing Day and New Year's Day, on the same
basis as if he/she were still in the employ of the employer.
(f) In a workshop
or factory when an employee's services are terminated by the employer other
than for malingering, inefficiency, neglect of duty or misconduct, in a period
not exceeding one week before Good Friday, the employee shall receive payment
for Good Friday, Easter Saturday and Easter Monday on the same basis as if
he/she were still in the employ of the employer.
20. Proof of Age
Upon the engagement of an employee, such employee, if
required to do so, must furnish to the employer a correct statement in writing,
of the employee's age certified by a Statutory Declaration or Birth
Certificate. When an employee cannot
prove his or her age in the ordinary way a Passport, Military or Naval
Discharge or Consular document shall be proof of age.
21. Tools
The employer shall provide and maintain all necessary tools,
lasts, materials and bins used and required by each employee in the carrying
out of the employee's duties.
22. Mixed Functions
An employee engaged for more than one half of the day on
duties under this award carrying a higher rate of pay than the employee's
classification shall be paid the higher rate of pay for such day. If for less than one half of one day the
employee shall be paid the higher rate of pay for the time so worked.
23. Sick Leave
(a) A weekly employee
who is absent from work on account of personal sickness or accident shall be
entitled to leave of absence without deduction of pay subject to the following
conditions and limitations:
(i) The employee
shall not be entitled to be paid leave of absence for any period in respect of
which the employee is entitled to Workers' Compensation.
(ii) Before the
commencement of the employee's shift on such days, the employee shall 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. If this provision cannot be
met the employer may require the employee to furnish evidence in the form of a
Statutory Declaration explaining the employee's failure to comply with this
provision.
(iii) The employee
shall prove to the satisfaction of the employer (or, in the event of the
dispute, of the Industrial Committee) that the said 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.
(iv) The employee
shall not be entitled in the first year of any period of service, whether in
the employ of one employer or of several, to leave in excess of 38 hours of
working time which shall accumulate at the rate of 3.17 hours for each calendar
month of service.
Provided that after the first year of service with an
employer, the entitlement to sick leave shall be as follows:
In the second year of service
|
46 hours
|
In the third and subsequent years of service
|
61 hours
|
For the purpose of administering paragraph (iv) hereof
an employer may, within one month of this award coming into operation or within
two weeks of the employee's entering into employment, require an employee to
make a sworn declaration or other written statement as to what paid leave of
absence the employee has had from any employer during the then current year and
upon such statement the employer shall be entitled to rely and act.
(b) Single Day Absences
-
(i) In the case
of an employee who claims to be allowed paid sick leave in accordance with this
clause for an absence of one day only, such employee, if in the year the
employee has already been allowed paid sick leave on two separate occasions for
one day only, shall not be entitled to payment for the day claimed unless the
employee produces to the employer a medical certificate as evidence that the
said employee was unable to attend for duty on account of personal illness or
on account of injury by accident.
However, in lieu thereof an employer shall agree to accept from the
employee a statutory declaration stating that the employee was unable to attend
for duty on account of personal illness or on account of injury by accident.
(ii) If in any
year, as defined in subclause (e) of this clause, an employee has accumulated
an entitlement of 159.6 hours, such shall be allowed in that year four single
day absences without the provision of a medical certificate.
(iii) Nothing in
this subclause shall limit the employer's rights under paragraph (iii) of
subclause (a) hereof.
(c) Cumulative
Sick Leave - Sick leave shall accumulate from year to year so that any balance
of the period specified in subclause (a) hereof which has in any year not been
allowed to an employee by an employer as paid sick leave may be claimed by the
employee and, subject to the conditions hereinbefore prescribed, shall be
allowed by that employer in a subsequent year without diminution of the sick
leave prescribed in respect of that year.
Provided that sick leave which accumulates pursuant to this subclause
shall be available to the employee for a period of twelve years but for no
longer than from the end of the year in which it accrues.
An employer shall not avoid his obligations to pay sick
leave by terminating an employee's employment while on paid sick leave if the
termination has been made by the employer with the intention of avoiding any
obligation imposed on him/her pursuant to this clause.
(d) Attendance at
Hospitals, etc. - Notwithstanding anything contained in subclause (a) hereof an
employee suffering injury through an accident arising out of and in the course
of employment (not being an injury in respect of which the employee is entitled
to workers' compensation) necessitating such employee's attendance during
working hours on a doctor, chemist or trained nurse, or at a hospital shall not
suffer any deduction from the employee's pay for the time so occupied on the
day of the accident, and shall be reimbursed by the employer all expenses
reasonably incurred in connection with such attendance.
(e) For the
purpose of this clause the work "year" shall mean a period of twelve
months commencing on the day on which the employment commenced.
24. 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 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.
(b) The employee
shall, if required,
(i) 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
(ii) 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.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being
responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
1. 'relative'
means a person related by blood, marriage of 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.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
(2) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a class of person set out in
subparagraph (ii) of paragraph (c) of subclause (1) above who is ill or who
requires care due to an unexpected emergency.
(3) Annual Leave
(a) 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.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause above, shall be
exclusive 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.
(d) 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.
(4) Time Off in
Lieu of Payment for Overtime
(a) For the
purpose only of providing care and support for a person in accordance with
subclause (1) of this clause, and despite the provisions of subclause (iv) of
Clause 15, Overtime, the following provisions shall apply.
(b) 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.
(c) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(d) 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 date of the 12 month period or on
termination.
(e) 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 on
shift work may elect, with the consent of the employer, to work 'make-up time'
(under which the employee takes time off ordinary hours and works those hours
at a later time), at the shift work rate which would have been applicable to
the hours taken off.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for 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.
(7) Personal/Carers
Entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in paragraphs (b) and (d) of subclause (1)
above 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 subparagraph (ii) of
paragraph (c) of subclause (1) 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.
(b) The employer
and employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In
the absence of agreement, the employee is entitled to not be available to
attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) 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.
24A. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those sent 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 the employee’s spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee entitled
to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee’s
request and the employer’s decision to be in writing
The employee’s request and the employer’s decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wished to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an opportunity
for the employee to discuss any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (a).
25. Bereavement Leave
(a) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in (c) below.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 24(1)(c)(ii), provided
that, for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
(d) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(e) Bereavement
leave may be taken in conjunction with other leave available under (1), (2),
(3), (4), (5) and (6) (as appearing) of clause 24. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable operation
requirement of the business.
(f) Bereavement
Leave entitlements for casual employees
(i) Subject to
the evidentiary and notice requirements in paragraphs (b) and (d) of subclause
(1) of Clause 24 Personal/Carer’s Leave 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 (ii) of paragraph (c) of subclause (1) of
Clause 24 Personal/Carer’s Leave.
(ii) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work.
In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(iii) 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.
26. Blood Donor Leave
A weekly employee who is absent during ordinary working
hours for the purpose of donating blood shall not suffer any deduction of pay up
to a maximum of two hours on each occasion and subject to a maximum of four
separate absences for the purpose of donating blood each calendar year.
Provided further that such employee shall arrange for the
absence to be on a day suitable to the employer and be as close as possible to
the beginning or ending of the employee's 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,
shall first be furnished to the satisfaction of the employer.
Further, the employee shall notify the employer as soon as
possible of the time and date upon which such employee is requesting to be
absent for the purpose of donating blood
27. Jury Service
An employee shall be allowed leave of absence during any
period when required to attend for jury service.
During such leave of absence, an employee shall be paid the
difference between the jury service fees received and the employee's award rate
of pay as if working.
An employee shall be required to produce to the employer
proof of jury service fees received and proof of requirements to attend and
attendance on jury service and shall give the employer notice of such
requirements as soon as practicable after receiving notification to attend for
jury service.
28. Annual Holidays
See Annual Holidays Act 1944.
29. 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 an annual holiday, or, where by agreement between
the employer and the employee the annual holiday is given and taken in more
than one separate period, then before each of such separate periods the
employer shall pay the employee 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 (vi)).
(iii) The loading
is payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act.
(iv) The loading is
to be calculated in relation to any period of annual holiday under the Act (but
excluding days added to compensate for public or special holidays falling on an
employee's rostered day off not worked) or, where such a holiday is given and
taken in separate periods, then in relation to each such separate period. (NOTE:
See subclause (vi) as to holidays taken wholly or partly in advance.)
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) at the rate per week of 17-1/2 per cent of the
appropriate ordinary weekly time rate of pay prescribed by subclauses (i),
(iii), (iv) and (v) of clause 4, Monetary Rates for the classification in which
the employee was classified when the loading is paid. Such wage shall also
include payments, allowances and/or additional rates, where applicable, but
shall not include other allowances, penalty rates, overtime rates or any other
payments prescribed by this award.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an 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 (v) of this clause
applying the rates of wages payable on that day.
(vii) Where, in
accordance with the Act an 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 a holiday shall be paid the loading calculated in accordance with
subclause (v) 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 to the
employee under the Act such proportion of the loading that would have been
payable under this clause if such employee had become entitled to an annual
holiday prior to the closedown as the qualifying period of employment in
completed weeks bears to 52.
(viii)
(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 has
become entitled, the employee shall be paid a loading calculated in accordance
with subclause (v) for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause no loading is payable on
termination of an employee's employment.
30. Travelling Time,
Expenses, Fees, Etc.
(i) If an
employee temporarily is transferred from one branch to another such employee
shall be allowed any extra cost of travelling and shall be paid at ordinary rates
for any excess time occupied in travelling.
(ii) Where an
employee is required to work after the ordinary ceasing time prescribed by this
award until it is too late to travel by train, omnibus, vessel, or other
regular conveyance to the employee's usual place of residence, the employer
shall provide either proper conveyance or the fare for such conveyance to the
employee's usual place of residence.
(iii) An employee
who attends an appropriate course of training at a technical college at the
request of the employer shall be reimbursed at the completion of the course, if
successful, the fees for such course.
31. Long Service
Leave
Refer to the Long Service Leave Act 1955.
32. Cleaning Duties
(i) It shall be part
of the employees' duties to perform cleaning functions incidental to their
work. Without limiting the generality
of the foregoing, the dusting of shelves and of stock, the sweeping up of
string and wrapping around counters, the cleaning of implements and fixtures
used in the work, and the cleaning (including vacuum cleaning) of the immediate
work area, shall be so included.
(ii) An employee
shall not be required to carry out systematic cleaning duties which go beyond
the incidental functions as outlined in subclause (i) of this clause.
33. Dispute
Settlement Procedure
The procedure for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following procedural steps.
(i) Procedure
relating to a grievance of an individual employee:
(a) The employee
shall notify (in writing or otherwise) the employer as to the substance of the
grievance, request a meeting with the employer for bilateral discussions and
state the remedy sought.
(b) The grievance
must initially be dealt with as close to the source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employees' grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an Industrial Organisation of Employees for the purpose
of each procedure.
(ii) Procedure for
a dispute between an employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time levels must be allowed for discussion at each level of authority.
(c) While 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.
33A. Union Membership
Fee Deduction
(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
employer’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 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.
(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 or
monthly 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) This clause
shall take effect:
(a) In the case of
employers which 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 21 March 2003;
(b) In the case of
employers who do not fall within paragraph (a) 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 21 June 2003;
(c) For all other
employers, from the beginning of the first pay period to commence on or after
21 September 2003.
34. Uniform
Laundering Allowance
Where an employee is required by the employer to wear a
uniform, cap, coat, overall, apron or other uniform dress, the same shall be
provided by the employer and shall be laundered by that employer at the
employer's expense. Provided that
where, by mutual agreement, the laundering is done by the employee or the
employer having refused, neglected or failed to launder the articles and
laundering is done by the employee, the employee shall be paid an amount as set
out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
35. Notations
(i) Annual
Holidays - Refer Annual Holidays Act 1944.
(ii) Right of
Entry - See Chapter 5, Part 7 of the Industrial Relations Act 1996.
36. Occupational
Superannuation
(i) Definitions -
(a) "The
Fund" for the purpose of this award shall be a fund prescribed by or
pursuant to subclause (ii) of this clause.
(b) "Ordinary
Time Earnings" in this clause means the employee's award rate of pay of
this award including any overaward payments and/or merit payments and penalty
rates (but excluding overtime, commission and occasional bonus payments).
(c) "Eligible
Employee" means an employee employed under this award and engaged in
classifications of employment defined in clause 2, Definitions, who is working
in or in connection with a shop or in or in connection with a factory or
workshop with six months continuous service with the employer who works as a
full-time employee or part-time employee.
In this clause of this award "employee" means eligible
employee.
(d) "Eligible
Employer" means an employer employing persons engaged in the
classifications of employment defined in clause 2, Definitions, of this award.
(e) "Award"
means the Bootmakers and Heel Bar Operatives, &c. (State) Award.
(ii) Funds - For
the purpose of this clause funds into which payments are to be made shall be
one of the following:
(a) Australian
Superannuation Savings Employment Trust (ASSET), governed by a trust deed dated
14 October 1987 and includes any superannuation scheme which may be made in
succession thereafter; or
(b) Retail
Employees' Superannuation Trust (REST); or
(c) The Mister
Minit Industry Superannuation Fund.
(d) A
superannuation scheme operated within a company covered by the said award,
provided firstly the union and the members agree to the scheme as the fund to
be used to comply with this clause and secondly that the company superannuation
scheme conforms to the Commonwealth Government's operational standards for
occupational superannuation funds. If
the union does not agree the matter shall be referred to the Industrial
Relations Commission of New South Wales.
(iii) Fund
Membership -
(a) An employer
shall apply to the trustees of the fund to become a participating employer in
the fund.
(b) Each employee
shall, upon the employer being accepted by the trustees of the fund, make
application to become a member of the fund.
(iv) Contributions
-
(a) An employer
covered by this clause shall contribute to the fund in respect of each eligible
employee an amount equal to 3 per cent of that employee's ordinary time
earnings each week as an employee becomes "eligible" in accordance
with subclause (i), Definitions, of this clause.
(b) 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.
(c) Employees who
may wish to make contributions to the fund additional to those being paid by
the employer pursuant to paragraph (a) of this subclause shall be entitled to
authorise the employer to pay into the fund from the employee's wages amounts
specified by the employee.
Employees contributions to the fund requested under
this subclause shall be made in accordance with the rules of the fund.
(v) Cessation of
Contributions - 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.
(vi) Employer to
Continue Participation - An employer who participates in the fund shall not
cease participation in the fund whilst employing any employees.
(vii) Failure to
Participate in the Fund - Where an employer has failed, pursuant to paragraph
(a) of subclause (iii) of this clause, to 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, equivalent to the contribution which
would have been payable under paragraph (a) of subclause (iv) of this clause,
had the employer made application to participate in the fund and been accepted
by the trustee prior to 1 January 1990, after which the employer shall then
continue to make payments as prescribed by paragraph (a) of subclause (iv) of
this clause. Other than for back
payment of 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.
(viii) Frequency of
Payment - Each employer shall pay such contributions together with any employee
deductions in accordance with the requirement of the trust deed of the fund.
(ix) Notations -
(a) No employer or
employee shall be excluded from this clause on the basis of an existing
voluntary superannuation arrangement.
(b) No employer
shall be required to contribute an additional 3 per cent contributions as a result
of the introduction of occupational superannuation set out in this clause if
such employer has already commenced payment of a 3 per cent benefit in
accordance with the wage fixing principles.
37. Technical College
Fees for Apprentices
(i) The technical
college or trades school fees and all other extra and special charges shall be
paid by the employer.
(ii) Providing the
technical college or trades school reports that the apprentice has been in
attendance at the technical college or trades school for such period as the
apprentice has been allowed leave of absence by their employer to attend, no
deduction shall be made from the wage of the apprentice for such absence.
38. Supply of Tools
The employer shall provide apprentices with all tools of trade
necessary in the course of their training.
Such tools of trade shall, at the completion of the apprenticeship (but
not before), become the personal property of the apprentice.
39.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take 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.
(3) Under the Anti-Discrimination
Act 1977 it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation.
(b) offering or
providing junior rates of pay to persons under 21 years of age.
(c) any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1977.
(d) a party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
40. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the
Bootmakers and Heel Bar Operatives, &c. (State) Award published 31 August
2001 (327 I.G. 428), as varied.
The changes made to the award pursuant to the Award Review
pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 4 February 2008.
It shall apply to all persons employed in the making of
footwear to special order, bespoke bootmakers and repairers and heel bar
operatives in the State excluding the County of Yancowinna.
This Award remains in force until varied or rescinded, the
period for which it was made already having expired.
PART B
MONETARY RATES
Table 1 - Wage
Rates
Group No.
|
Description
|
Total Wage
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$
|
1
|
Heel Bar Operative
|
557.50
|
2
|
Boot or Shoe Repairer
|
577.50
|
3
|
Bespoke Bootmaker
|
592.50
|
4
|
Surgical Bootmaker
|
607.50
|
Table 2 - Other
Rates and Allowances
Item No.
|
Clause No.
|
Brief
Description
|
Amount
|
|
|
|
$
|
1
|
4(ii)
|
Repair anatomical, surgical or
orthopaedic boots
|
7.90 per week
|
|
|
or shoes
|
|
2
|
11
|
Minimum loading
|
|
|
|
- Adult
|
3.50
|
|
|
- Junior
|
3.00
|
3
|
16
|
Meal Allowance
|
11.60
|
4
|
34
|
Uniform Allowance
|
5.00
|
Bespoke
Bootmakers, &c. (State) Industrial Committee
Industries and
Callings
1. There shall
be a new Bespoke Bootmakers, &c. (State) Conciliation Committee for the industries
and callings of -
All persons employed in the making of footwear to
special order (bespoke bootmakers) and repairers and heel bar operatives in the
State excluding the County of Yancowinna.
2. The said committee
shall consist of two representatives of employers and two representatives of
employees.
3. The
representatives of employers shall be appointed, upon nomination as prescribed
one by The Retail Traders Association of New South Wales and one by THE
Footwear Repairers Association of New South Wales, alternate nominating rights,
one by The Employers' Federation of New South Wales.
4. The
representatives of the employees shall be appointed upon nomination as
prescribed one by The Shop, Distributive and Allied Employees' Association, New
South Wales, and one by The Shop Assistants and Warehouse Federation of
Australia, Newcastle and Northern, New South Wales.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.