Grocery Products Manufacturing
(State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1539 of 2007)
Before Commissioner
Bishop
|
5 February 2008
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
2A. Secure
Employment
3. Hours -
Day Work
4. Hours -
Shift Work
5. Procedure
for Settling Disputes
6. Shift
Work Allowances
7. Wages
8. Undertakings
9. State Wage
Case Adjustments
10. Meal Hours
11. Overtime
12. Sundays
and Holidays
13. Annual
Leave
14. Long
Service Leave
15. Sick Leave
16. Personal/Carer’s
Leave
16A. Parental
Leave
17. Mixed
Functions
18. Manning of
Mills and Factories
19. Proportion
of Juniors
20. Conditions
of Employment
21. Time and
Payment of Wages
22. Deduction
and Remittance of Union Membership Fees
23. Bereavement
Leave
24. Dismissal
25. First-aid
26. Uniforms
27. Morning
Refreshment
28. Protective
Clothing
29. Washing
Times
30. Jury Service
31. Dusty
Conditions
32. Right of
Entry
33. Workplace
Consultation
34. Enterprise
Arrangements
35. Redundancy
36. Anti-Discrimination
37. Superannuation
38. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates
and Allowances
PART A
1. Title
This Award shall be known as the Grocery Products
Manufacturing (State) Award.
2. Definitions
For the purpose of this award:
(i) Casual
Employee - shall mean an employee engaged to work for a lesser period than 38
hours in any one week, who is engaged and paid as such.
(ii) Condiment -
shall mean something used to give relish to food and to gratify the taste, a
pungent or appetising substance such as pepper or mustard or seasoning or any
substance used in the thickening or binding of foodstuffs such as gluten, bread
crumbs, gum arabic or cornflour.
(iii) Miller -
shall mean an employee in charge of one or more gristling or grinding machines
but shall not include the head miller.
(iv) Combined
Miller - shall mean and shall include any employee capable of and who, in the
course of his ordinary duties may be required to do the combined work of
grinding and/or roasting and/or blending of any of the following:
(a) Grinding -
spices, condiments, rice, oatmeal, cornflour and pepper.
(b) Roasting -
coffee, chicory, groats, wheat, peanuts, malt and peas.
(c) Blending -
pepper.
(v) Packer - shall
mean an employee filling bags or other containers of 25.4 kg (56lb) weight and
over by an automatic machine, semi-automatic machine and/or hand from a sleeve,
weighing and thereafter sewing up the bags or sealing the containers.
(vi) Union - shall
mean the National Union of Workers New South Wales Branch.
(vii) Adult Employee
- shall mean an employee 18 years of age or over.
(viii) Junior
Employees - shall mean an employee under 18 years of age.
(ix) Any reference
to the male gender in this award shall also be taken to be a reference to the
female gender and vice versa.
2A. 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.
3. Hours - Day Work
Unless otherwise determined by agreement in accordance with
clause 33, Workplace Consultation, the following provisions shall apply:
(a) ORDINARY HOURS
OF WORK:
(i) Except as
provided elsewhere in this clause, ordinary working hours shall not exceed an
average of 38 per week to be worked between 6.00 a.m. and 6.00 p.m., Monday to
Friday on one of the following basis:
(1) 38 hours
within a work cycle of one week
(2) 76 hours
within a work cycle of two weeks
(3) 114 hours
within a work cycle of three weeks
(4) 152 hours
within a work cycle of four weeks
Different methods of implementation of a 38-hour week
may apply to various groups or sections of employees in the establishment
concerned.
(ii) In the
absence of agreement the ordinary working hours are not to exceed eight on any
day.
(iii) Where
agreement exists between the employer and the employee or between the employer
and the majority of employees concerned, the ordinary hours of work can be
worked at any time on any day of the week, Saturday and Sunday inclusive.
(b) RATE FOR
ORDINARY HOURS ON SATURDAY AND SUNDAY
Ordinary hours of work performed on a Saturday shall be
paid for at time and one half and on a Sunday at double time.
(c) MEAL BREAK
A meal break shall be allowed for a minimum of half an
hour or such other period as may be agreed between the employer and the
majority of employees concerned. An
employee shall not be required to work for more than five ordinary hours without
a meal break unless otherwise agreed, provided that the time of taking a meal
break for a particular day may be varied to meet the needs of the
establishment. If a meal break is not
given within six hours an employee shall be paid at time and one half rates
until a meal break is allowed.
(d) NOTICE OF
ROSTERED DAYS OFF
In cases where, by virtue of arrangement of the
ordinary hours of work, an employee is entitled to a rostered day off during
the work cycle, such employee shall be advised by the employer at least four
weeks in advance of the day to be taken off by written notice posted by the
employer on the notice board.
(e) BANKING
ROSTERED DAYS OFF
By agreement between the employer and an employee or
between an employer and the majority of employees concerned rostered days off
may be accumulated (banked) and shall be entitled to be taken in a manner
agreed upon between the employer and the employee.
(f) ROSTERED DAY
OFF NOT TO COINCIDE WITH HOLIDAY
In cases where, by virtue of the arrangement of the
ordinary hours of work, the employee is entitled to a day off during the work
cycle, the weekday to be taken off shall not coincide with a holiday fixed in
accordance with clause 12, Sundays and Holidays.
(g) SUBSTITUTE
DAYS:
(i) The employer
and an employee or the employer and the majority of employees concerned may by
agreement substitute the day the employee or employees are to take off during a
work cycle for another day.
(ii) An apprentice
who is required to attend trade school on a rostered day off shall be entitled
to a substitute day as soon as practicable following the attendance at trade
school.
(h) WORK ON A
ROSTERED DAY OFF:
Unless a rostered day off is substituted for another
day off in accordance with subclause (e) or (g) work performed on the rostered
day off will be paid in accordance with clause 11, Overtime.
4. Hours - Shift Work
Unless otherwise determined by agreement in accordance with
clause 33, Workplace Consultation, the following provisions shall apply:
(a) ORDINARY HOURS
OF WORK
(i) Except as
elsewhere provided in this clause the ordinary working hours shall not exceed
an average of thirty-eight per week.
Different methods of working shifts may apply to
various groups or sections of employees in the establishment concerned.
(ii) In the
absence of agreement the ordinary working hours are not to exceed eight on any
day.
(iii) Where
agreement exists between the employer and an employee or between the employer
and the majority of employees concerned, the ordinary hours of work can be
worked at any time on any day of the week, Saturday and Sunday inclusive.
(b) DEFINITIONS
(i) "Day
Shift" means a shift worked in accordance with the terms of clause 3,
Hours - Day Work, which forms part of a rostered shift system.
(ii) "Afternoon
Shift" means any shift finishing after 6.00 p.m. and at or before
midnight.
(iii) "Night
Shift" means any shift finishing after midnight and at or before 8.00 a.m.
(iv) "Rostered
Shift" means a shift of which the employee concerned has had at least
forty-eight hours' notice.
(v) "Continuous
Work" means work carried on with consecutive shifts of persons throughout
the twenty-four hours of each day of the week without interruptions except
during breakdowns or meal breaks or due to unavoidable causes beyond the
control of the employer.
(c) CHANGE OF
SHIFT ROSTERS
Employees placed on the shift roster shall not have
their roster changed by the employer without 48 hours' notice of such change or
payment is made at time and one half rates for ordinary time worked until such
48 hours' notice would have expired.
Such extra rate shall be in substitution for the shift allowance.
(d) TERMINATION OF
SHIFT
A shift worker shall be given seven days' notice of the
cessation of the shift work. If such
notice is not given, the appropriate shift allowances set out in clause 6,
Shift Work Allowances, shall be paid until such seven days' notice expires.
(e) MEAL BREAKS
(i) Employees
employed in mills running two shifts shall be paid 30 minutes for meals during
each shift and no time shall be deducted for such meal breaks except where a
meal relief is granted on day shifts and the employees concerned are paid an
additional amount as set out at Item 14 of Table 2 in Part B - Monetary Rates
per shift and in such case not less than 30 minutes or more than one hour shall
be allowed for a meal break which shall not be counted as time worked.
(ii) Employees
employed in mills running three shifts shall be allowed 30 minutes for meals
and no time shall be deducted for meals on shift.
(f) NOTICE OF
ROSTERED SHIFTS OFF:
In cases where, by virtue of the arrangement of the
ordinary hours of work, an employee is entitled to a rostered day off during
the work cycle, such employee shall be advised by the employer at least four
weeks in advance of the day to be taken off by written notice posted by the
employer on the notice board.
(g) BANKING OF
ROSTERED SHIFTS OFF:
By agreement between the employer and an employee, or
between the employer and the majority of employees concerned, rostered shifts
off may be accumulated (banked) and shall be entitled to be taken in a manner
agreed upon between the employer and the employee.
(h) ROSTERED
SHIFTS OFF NOT TO COINCIDE WITH HOLIDAYS:
(i) In cases
where, by virtue of the arrangement of the ordinary hours of work, an employee
is entitled to a rostered shift off during the work cycle, the shift to be
taken off shall not coincide with a holiday fixed in accordance with clause 12,
Sundays and Holidays.
(ii) Provided
that, in the event that a public holiday is prescribed after an employee has
been given notice of a rostered shift off in accordance with subclause (f) of
this clause and a holiday falls on such shift the employer shall allow the
employee to take an alternative shift off in lieu.
(iii) An employee
working continuous shift work who by the arrangement of ordinary hours of work
is entitled to a rostered shift off which falls on a public holiday prescribed
by the said clause 12 of this award shall at the discretion of the employer, be
paid for that day one-fifth the ordinary weekly rate of pay or have an
additional day added to the annual leave entitlement. This provision shall not apply when the holiday on which the
employee is rostered off falls on a Saturday or Sunday.
(iv) Where an
employee is absent from work for the purpose of enjoying a rostered day off,
then such employee shall be paid the shift allowance, or any other allowance,
he/she would have received had he/she attended for duty that day.
(i) RATES FOR
ORDINARY SHIFTS ON SATURDAY, SUNDAY AND HOLIDAYS:
(i) An ordinary
shift, the major portion of which is worked on a Saturday, shall be paid for at
time and one half rates. An ordinary
shift the major portion of which is worked on a Sunday or Holiday shall be paid
for at double ordinary time. Such extra
rate shall be in substitution for shift allowances as prescribed in clause 6,
Shift Work Allowances.
(j) DAY WORKER
CHANGING TO SHIFT WORK:
Where a day worker commences shift work at the
instruction of the employer without seven days' notice (or the reduced period
of 48 hours' notice where the transfer to shift work is necessitated by
absenteeism) the employer shall pay time and one half rates for all ordinary
time worked until such required notice would have expired. Such extra rate shall be in substitution for
the shift allowance.
(k) WORK ON A
ROSTERED SHIFT OFF:
Unless a rostered shift off is substituted for another
shift off in accordance with subclauses (g) and (l) of this clause, work
performed on the rostered shift off will be paid in accordance with clause 11,
Overtime.
(l) SUBSTITUTE
SHIFT
The employer and an employee or the employer and the
majority of employees concerned may by agreement substitute the shift an
employee or the employees are to take off during a work cycle for another shift
without the payment of penalty rates.
(m) DAYLIGHT SAVING
Notwithstanding anything contained elsewhere in this
award, in any area where, by reason of the legislation of a State, summer time
is prescribed as being in advance of the standard time of that State the length
of any shift commencing before the time prescribed by the relevant legislation
for the commencement of a summer time period shall be deemed to be the number
of hours represented by the difference between the time recorded by the clock at
the beginning of the shift and the time so recorded at the end thereof, the
time of the clock in each case to be set at the time fixed pursuant to the
State legislation.
In this subclause the expression "standard
time" and "summer time" shall bear the same meaning as
prescribed by the State legislation.
5. Procedure for
Settling Disputes
(i) Should a
dispute arise between any employee and the Company which cannot be resolved by
the employee and his/her supervisor, the matter should be referred to the Factory
Supervisor and Union Representative for resolution.
(ii) In the event
they are unable to resolve the matter, it must be referred to the Production
Manager who will attempt to settle the dispute.
(iii) Should the
dispute still not be resolved, the Union Representative will refer the matter
to the Union Organiser who will make a further attempt at settlement.
(iv) If, after the
above has been followed, the dispute still remains unresolved it will be
referred to the Industrial Relations Commission of New South Wales for
determination.
(v) In the event
that a stop work meeting is proposed, the employees agree to complete all work
in progress and carry out whatever cleaning etc. is required to make the plant
and surrounding areas properly clean, secure, safe, and not liable to any
damage or loss through being left unattended.
6. Shift Work
Allowances
(i) Employees
engaged on day, afternoon and night shift in regular weekly rotation shall be
paid as set out in Item 1 of Table 2.
(ii) Employees
engaged on day and night shift only in regular weekly rotation shall be paid as
set out in Item 2 of Table 2.
(iii) Employees
engaged on afternoon and night shift only in regular weekly rotation shall be
paid as set out in Item 3 of Table 2.
(iv) Employees engaged
on afternoon shift only shall be paid as set out in Item 4 of Table 2.
(v) Employees
engaged on permanent night shift shall be paid as set out in Item 5 of Table 2.
(vi) Employees
instructed by their employer to change shift during any week shall be paid as
set out in Item 6 of Table 2 for each change but not for the change back.
7. Wages
(i) Adults - The
minimum award wage rate shall be paid as set out in Table 1 of Part B.
(ii) Where juniors
are required to perform work ordinarily done by adults such juniors shall
receive the appropriate wages fixed for adult employees as set out in Table 1
of Part B according to the class of work performed.
(iii) Leading Hands
- An employee appointed by their employer to supervise the work of not less
than three and not more than ten employees shall be paid an amount as set out
in Item 7 of Table 2 in addition to the rate fixed for the class of work
performed by such employee; provided, however, that an employee shall not be
entitled to the payments herein fixed by reason only of the fact that the
employee is performing work coming under any of the classifications set out in
Table 1 of Part B.
(iv) Additional
Rates -
(a) A mill hand
called upon to be the person in charge of vat mixing liquid mustard shall be paid
an amount as set out in Item 8 of Table 2 in addition to the rate herein
prescribed for a mill hand.
(b) An employee
engaged in the grinding of chillies shall be an amount as set out in Item 9 of
Table 2 in addition to his ordinary rate of pay for the time actually engaged
on such work.
(c) Employees
engaged in packing or unpacking and who are exposed to pepper, shake-on
seasoning, blackit, curry powder, cinnamon, instant coffee, ammonia, baking
powder or fruit saline shall be paid as set out in Item 10 of Table 2 in
addition to the ordinary rates of pay prescribed in this award.
(v) Casual
Employees - See subparagraph (A)(ii) of clause 20, Conditions of Employment.
8. Undertakings
(a)
(i) Employees
under this award shall be required to perform a wide range of duties including
work which is incidental or peripheral to their main tasks or functions as well
as maintenance duties (subject to required skills) requiring some use of tools.
(ii) An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award.
(iii) An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been properly
trained in the use of such tools and equipment.
(iv) Subject to
agreement at the enterprise level, employees shall undertake training for the
wider range of duties and for access to higher classifications.
(v) The parties
shall not create barriers to the advancement of employees within the award
structure or through access to training.
(vi) The parties
shall accept in principle a new classification structure in which descriptions
shall be more broadly based and generic in nature.
(vii) The parties
shall co-operate in the transition from the old structure to the new structure
in an orderly manner without creating false expectations or disputations.
(viii) N.B.: All work performed under this Award shall be
done consistent with the Occupational Health and Safety Act 2000
(including regulations) and any successor legislation.
(b) Award
Modernisation -
Both parties shall be committed to modernising the
terms of this award so that it provides for more flexible working arrangements,
improves the quality of working life, enhances skills and job satisfaction and
assists positively in the restructuring process.
Any alterations to current terms and conditions of
employment shall be processed in accordance with the procedure set out in
clause 34, Enterprise Arrangements of this award.
(c) Training -
(a) The parties to
this award recognise that in order to increase the efficiency, productivity and
international competitiveness of industry, a greater commitment to training and
skill development is required.
Accordingly, the parties commit themselves to:
(i) developing a
more highly skilled and flexible workforce;
(ii) providing
employees with career opportunities through appropriate training to acquire
additional skills; and
(iii) removing
barriers to the utilisation of skills required.
(b) Following
proper consultation or through the establishment of a training committee, an
employer shall develop a training programme consistent with
(i) the current
and future skill needs of the enterprise;
(ii) the size,
structure and nature of the operations of the enterprise;
(iii) the need to
develop vocational skills relevant to the enterprise and the grocery
manufacturing industry through courses conducted by accredited educational
institutions and providers.
(c) Where it is
agreed a training committee be established that training committee should be
equal numbers of employer and employee representatives and have a charter which
clearly states its role and responsibilities, for example:
- formulation of a training programme and availability
of training courses and career opportunities to employees;
- dissemination of information on the training
programme and availability of training courses and career opportunities to
employees;
- the recommending of individual employees for training
and reclassification;
- monitoring and advising management and employees on
the on-going effectiveness of the training.
(d)
(i) Where it is
agreed that additional training in accordance with the programme developed
pursuant to paragraph (b) of this subclause should be undertaken by an
employee, that training may be undertaken either on or off the job. Provided that if the training is undertaken
during ordinary working hours, the employee concerned shall not suffer any loss
of pay. The employer shall not
unreasonably withhold such paid training leave.
(ii) Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(including those textbooks which are available in the employers technical
library) incurred in connection with the undertaking of training shall be
reimbursed by the employer upon production of evidence of such
expenditure. Provided that
reimbursement shall also be on an annual basis subject to the presentation of
reports of satisfactory progress.
(iii) Travel costs
incurred by an employee undertaking training in accordance with this clause
which exceed those normally incurred in travelling to and from work shall be
reimbursed by the employer.
9. State Wage Case
Adjustments
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.
10. Meal Hours
(i) Except as
provided for in paragraph (c) of clause 3, Hours, not less than thirty minutes
nor more than one hour per day, between 11.00 a.m. and 2.00 p.m. shall be allowed
for lunch. This meal time, when fixed,
shall not be altered except by mutual agreement between the employer and the
employees.
(ii) The time at
which an employee is required to have lunch on the first working day in each
week shall be the recognised lunch break for each of the remaining days in that
week.
(iii) Employees
shall not be required to work any part of a recognised meal break unless they
so desire but, if they consent to do so, they shall be paid at the rate of time
and one half in addition to the ordinary rates prescribed in Table 1 - Wages,
of Part B, Monetary Rates, for the time so worked.
(iv) An employee
required to work overtime for more than two hours after the usual ceasing time
shall be paid the sum set out in Item 11 of Table 2 - Other Rates and
Allowances, of the said Part B, as a meal allowance. An employee required to work six hours or more after the usual
ceasing time shall be paid a further sum as set out in Item 12 of the said
Table 2 for a second meal allowance.
11. Overtime
Unless otherwise determined by agreement in accordance with
clause 33, Workplace Consultation, the following provisions shall apply:
(a)
(i) All work done
outside the ordinary hours of work shall be overtime and shall be paid for at
the rate of time and one half for the first two hours and double time
thereafter. Provided that in respect of
overtime worked on a Saturday payment shall be made at the appropriate overtime
rate as for a minimum of three hours worked, except in the case of shift worker
continuing in overtime after having finished his ordinary hours of work on a
Saturday. In the computation of
overtime each day or shift shall stand alone.
(ii) An employee
shall not be paid overtime for work on any day until the employee has worked
the equivalent of his ordinary hours for the day. This provision is intended to apply in circumstances where
employees are late for work or are unlawfully absent during the day.
(b) Where, after
having left their place of employment, an employee is recalled to work from
their home, the employee shall be paid for at least three hours' work at the
appropriate rate, except where such recall occurs within one hour of the
employee's normal commencement time. In
such case overtime rates shall apply until the normal commencement time and
then ordinary rates shall be payable.
(c) An employee
who works so much overtime between the termination of the ordinary hours of
work on one day or shift and the commencement of the ordinary hours of work on
the next day or shift that the employee has not had at least ten consecutive
hours off duty between those times shall, subject to this subclause, be
released after completion of such overtime until the employee has had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence. If on
the instructions of the employer such an employee resumes or continues work
without having had such ten consecutive hours off duty, the employee shall be
paid at double ordinary rates until the employee is released from duty for such
period and he/she shall then be entitled to be absent until the employee has
had ten consecutive hours off duty without loss of pay for ordinary working
time occurring during such absence.
The provisions of this subclause shall apply in the
case of shift workers as if eight hours were substituted for 10 hours when
overtime is worked:
(i) For the
purpose of changing shift rosters; or
(ii) Where a shift
worker does not report for duty and a day worker or shift worker is required to
replace such shift worker; or
(iii) Where a shift
is worked by arrangement between employees themselves.
(d) Compulsory
Overtime -
(i) An employer
may require an employee to work reasonable overtime at overtime rates and such
employee shall work overtime in accordance with such requirement.
(ii) The
organisation party to this award shall not in any way, whether directly or
indirectly, be a party to or concerned in any ban, limitation or restriction
upon the working of overtime in accordance with the requirements of this
subclause.
(e) Time Off In
Lieu Of Overtime, Call Back, Sunday and Holiday Work - Subject to the following
provisions, time off in lieu of payment of overtime, call back, Sunday and
Holiday work may be taken by an employee.
The amount of time off shall be calculated on the basis of the
appropriate penalty rate. This
alternative to the payment of penalty rates shall only apply by agreement
between the employer and the employee concerned.
(f) Standing by -
An employee required by the employer to hold the employee in readiness for call
back to work shall be paid "stand by" time at ordinary rates of pay
from the time the employee is required to so hold the employee in readiness
until released by the employer from the requirement to "stand by".
(g) An employee
working overtime but finishing work when means of transport are not available,
shall be entitled to any additional outlay incurred in reaching home by
reasonable means of transport or transport home provided by the employer.
12. Sundays and
Holidays
(i)
(a) The days upon
which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day
are observed and an additional holiday being the last Monday in October each
year, together with any other days which shall be proclaimed by the Government
as public holidays shall be recognised as holidays and no deduction shall be
made from the wages of permanent employees for such holidays if not worked,
(b) In localities
where no Labour Day is observed a day in lieu thereof shall be granted to
employees and such day shall be arranged mutually between the employer and the
union,
(c) 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 last Monday in October.
(d) An employee
required to work on any of the holidays specified in paragraph (a), of this
sub-clause, shall be paid at the rate of double time and a half.
(e) An employee
required to work on a Sunday shall be paid at the rate of double time.
(ii) Payment for
any holiday need not be made in cases where an employee is absent on the last
working day prior to the holiday or on the first working day following the
holiday unless such absence is due to illness or the action of the employer or
is taken with the permission of the employer.
(iii) No employee,
other than a shift worker, shall be required to work on a Sunday or holiday
unless given forty-eight hours' notice that he/she will be required.
(iv) An employee
discharged, except for misconduct, within fourteen days of any of the holidays
specified in paragraph (a) of subclause (i) of this clause, shall be paid for
such holiday; provided that such employee has been employed for a period of not
less than fourteen days immediately prior to the date of the employee’s
discharge.
(v) A holiday
shall commence at 7.00 a.m. on the day of the holiday and end at 7.00 a.m. on
the next succeeding day. Alternatively,
a holiday shall commence at the beginning of the first shift on the day of the
holiday and end at the beginning of the first shift on the next succeeding
day. The provision of this sub-clause
shall not apply to the Australasian Conference Association Limited at
Cooranbong and Lewisham.
13. Annual Leave
See Annual Holidays Act 1944.
During a period of annual leave an employee shall receive a
loading calculated on the rate of wage prescribed by Table 1 - Wages, of Part
B, Monetary Rates.
The loading shall be as follows:-
(i) Day Worker -
an employee who would have worked on day work only had the employee not been on
leave - a loading of 17.5 per cent.
(ii) Shift Worker
- An employee who would have worked on shift work had the employee not been on
annual leave - a loading of 17.5 per cent.
Provided that, where the employee would have received shift allowances
prescribed by this award had the employee not been on leave during the relevant
period and such allowances would have entitled the employee to a greater amount
than the loading of 17.5 per cent, then the shift allowance shall be added to
the rate of wage prescribed by clause 7, Wages, in lieu of the 17.5 per cent
loading. Provided further that, if the
shift allowances would have entitled the employee to a lesser amount than the
loading of 17.5 per cent, then such loading of 17.5 per cent shall be added to
the rate of wage prescribed by the said clause 7, in lieu of the shift
allowances.
The loading prescribed in this clause shall not apply
to proportionate leave on termination.
14. Long Service
Leave
See Long Service Leave Act 1955.
15. Sick Leave
(i) An employee
who is absent from work by reason of personal illness or injury, not being
illness or injury arising from the employee's misconduct or default or from an
injury arising out of or in the course of employment, shall be entitled to
leave of absence, without deduction of pay, subject to the following conditions
and limitations:
(a) The employee
shall not be entitled to paid leave of absence unless the employee has been in
the service of the employer concerned for at least one month immediately prior
to such absence.
(b) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to Workers' Compensation weekly benefits.
(c) The employee
shall notify the employer as early as possible of their inability to attend for
duty. Where practicable this shall be
done within eight hours of the commencement of their work and in any event such
notification shall be made within 24 hours of the commencement of his/her
absence.
(d) The employee
shall furnish to the employer such reasonable evidence as the employer may
desire that the employee was unable by reason of illness or injury, to attend
for duty on the day or days for which sick leave is claimed.
(e) The employee
shall not be entitled during the first year of service to leave in excess of 38
hours of ordinary working time and not more than 76 hours in respect of
subsequent years of service.
(f) During the
first six months of employment with an employer the employer shall not be
liable to pay the employee for more than three and one third hours absence
owing to ill health or accident in respect of each completed month of employment
with that employer.
(ii) The rights
under this clause shall accumulate from year to year so long as the employment
continues with the employer so that any part of sick leave which has not been
allowed in any one year may be claimed by the employee and shall be allowed by
the employer, subject to the conditions prescribed by this clause, in
subsequent year of continued employment.
Any rights which accumulate, pursuant to this subclause, shall be
available to the employee for a period of twelve years, but for no longer, from
the end of the year in which they accrued.
(iii) For the
purposes of this clause continuous service shall be deemed not to have been
broken by:
(a) any absence
from work on leave granted by the employer; or
(b) any absence
from work by reason or personal illness, injury or other reasonable cause,
proof whereof shall in each case be upon the employee.
(iv) Service before
the date of coming into force of this clause shall be counted as service for
the purpose of assessing the sick leave entitlement in any year under paragraph
(e) of subclause (i) of this clause, but shall not be taken into consideration
in arriving at the period of accumulated leave.
(v) Accumulated
sick leave at the credit of an employee at the commencement of this award shall
not be affected nor reduced by the operation of this clause.
16. 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 16(1)(c)(ii) 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 15, 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,
(1) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(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 too 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 subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(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.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 5, Procedure For Settling Disputes, should be
followed.
(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
16(1)(c)(ii) 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, 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 employer’s 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) 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.
(b) 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.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-Up Time -
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee 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 the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
(7) Personal
Carers Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 16(1)(b) and 16(1)(d) casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a person prescribed in subclause 16(1)(c)(ii) of this clause who
are sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(3) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
16A. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the
Industrial Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee
or employee's spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held before
commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
17. Mixed Functions
(i) An employee
directed to perform work or to relieve in a higher grade shall, whilst so
employed be paid at the rate prescribed by this award for the employee they are
relieving provided that where an employee performs work in a higher grade for
more than four hours on any one day or more than a total of twenty hours in any
one week, such employee shall be paid the higher rate for the whole of such day
or the whole of such week as the case may be.
(ii) An employee,
who is required to perform work of a lower grade than that upon which the
employee usually is employed and who performs such lower grade of work for the
greater part of the week, shall suffer no reduction in their wages by reason of
doing the lower grade of work.
18. Manning of Mills
and Factories
Not less than two persons shall be on duty at all times in
any mill or factory other than persons whose function it is to observe
production processes.
19. Proportion of
Juniors
(i) The
proportion of junior employees to be employed in that section of the industry
covered by Division I and II, and Section A, Macaroni, Vermicelli or Spaghetti,
of clause 7, Wages, shall be one junior employee to every three or fraction of
three adult employees.
20. Conditions of
Employment
Unless otherwise determined by agreement in accordance with
clause 33, Workplace Consultation, the following provisions shall apply:-
(A) Engagement -
Subject to the following conditions the engagement of all employees under this
award shall be on the basis of either permanent employment (which includes part
time employees) or casual employment.
Employees shall be notified prior to engagement under which category
they are employed.
(i) Permanent
Employees (Including Part-time Employees)
(a) Probationary
Period of Employment - All new permanent employees (which includes part-time
employees) shall be employed under a probationary period of three months
commencing from the date of engagement.
During this period a new employee will be properly instructed on the
tasks and requirements of the position to be filled. During the probationary period employment shall be on a day to
day basis and the employee's employment may be terminated by either the
employer or the employee at the end of any day or shift without notice.
(b) A
"part-time employee" shall mean an employee who is employed on a
permanent basis to work regular days and regular hours, either of which are
less than the number of days or hours worked by full-time employees employed at
a site, but such days shall not be less than two per week and such hours shall
not be less than 16 per week.
(c) The number of
part-time employees that may be employed at a site shall not exceed the
proportion of one part-time employee to every four or portion of four full-time
permanent employees employed under this award.
(d) The part-time
employee shall be paid per hour one thirty-eighth of the weekly rate prescribed
for full-time employees for the classification in which he or she is employed.
(e) The spread of
ordinary hours of part-time employees shall be the same as that applicable to
full-time permanent employees in the section of the establishment in which they
are employed. The number of ordinary
hours worked shall not on any day exceed the number of ordinary hours of
permanent employees in the section in which the employee is employed and shall
not in any week exceed the number of hours of permanent employees in the
section without the payment of overtime.
(f) Subject to
this subclause, all the provisions of this award shall apply to a part-time
employee on a pro rata basis.
(ii) Casual
Employees -
(a) The rate of
pay for casual employees shall be the award rate plus 12.5 per cent. Where a casual employee works on any day
Monday to Friday in excess of the number of ordinary hours worked by permanent
employees in the establishment the rate of pay for working such excess hours
shall be time and a half for the first two hours and double time thereafter and
such rate shall not include the casual loading.
(b) The rate of pay
for work performed by casual employees on Saturdays, Sundays and Public
Holidays shall be the award rate plus 12.5 per cent.
(NOTATION: The
New South Wales Annual Holidays Act 1944 provides that casual employees
under this award are entitled to receive an additional amount equal to
one-twelfth of their ordinary time earnings in lieu of annual leave.)
(B) Termination -
(i) Permanent
employees (including Part-time Employees) - Employment shall be terminated by a
week's notice on either side given at any time during the week or by the
payment or forfeiture of a week's wages as the case may be.
No such notice shall be given to an employee at the
time of commencing his/her annual holidays or long service leave or during the
currency of such holidays or leave.
(ii) Casual
Employees - Employment shall be terminated by one hour's notice on either side
given at any time during the week or by payment or forfeiture of one hour's
ordinary pay as the case may be.
(iii) Instant
Dismissal - These provisions shall not affect the right of the employer to
dismiss any employee without notice for serious and wilful misconduct, and in
such cases, the wages shall be paid up to the time of dismissal only.
(C) Stand Down -
(i) None of the
above shall affect the right of the employer to deduct payment for any day the
employee cannot be usefully employed because of any strike or through any
breakdown in machinery or any stoppage of work by any cause for which the
employer cannot reasonably be held responsible.
(ii) Except as
provided by clause 15, Sick Leave, employees shall not be entitled to full
weekly wages unless they are ready, willing and available to work during the
ordinary hours of the week prescribed by this award.
21. Time and Payment
of Wages
(i) All employees
shall be paid at the termination of their final shift in each week which shall
be not later than Friday in each week.
Provided that any employer, if they so desire, may keep one day's pay in
hand of each of such permanent employee.
(ii) An employee
kept waiting for their wages on pay day for more than 15 minutes after the
usual time for ceasing work shall be paid overtime after that 15 minutes with a
minimum payment as for quarter of an hour.
22. Deduction and
Remittance of Union Membership Fees
(i) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the employer to make such deductions in accordance with
subclause (ii) herein;
(b) the Union
shall advise the employer of the amount to be deducted for each pay period
applying at the employer's workplace and any changes to that amount;
(c) deduction of
union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be
no requirement to make deductions for casual employees with less than two
months' service (continuous or otherwise).
(ii) The
employee's authorisation shall be in writing and shall authorise the deduction
of an amount of Union fees (including any variation in that fee effected in
accordance with the Union 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 advise shall be in
the form of a schedule of fees to be deducted specifying either weekly,
fortnightly, monthly, or quarterly as the case may be. The Union shall give the employer a minimum
of two months' notice of any such change.
(vi) An employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership fees.
(vii) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the employee in writing of the need to revoke the authorisation to the employer
in order for payroll deductions of union membership fees to cease.
23. Bereavement Leave
(a) An employee,
other than a casual employee, shall be entitled to up to two days’ bereavement
leave, up to and including the day of the funeral, without deduction of pay on
each occasion of the death within Australia of a person as prescribed in
subclause (c) of this clause.
(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 employees in respect to a death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 16,
Personal/Carer’s Leave, provided that for the purpose of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
(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 subclauses
(2), (3), (4), (5) and (6) of the said clause 16. In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
(f) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 23(b) casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 16(1)(c)(ii) of clause 16, Personal/Carer's
Leave.
(b) 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.
(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 engage a casual employee are otherwise not affected.
24. Dismissal
Except for misconduct, when payment shall be made not later
than the next succeeding pay day an employee who is dismissed on a day, other
than a pay day, shall be paid all wages and overtime due at the time of
dismissal and for any time in excess of fifteen minutes the employee is kept
waiting for payment the employee shall be paid at ordinary rates of wages
prescribed by Table 1 of Part B.
25. First Aid
(i) Adequate
first-aid appliances shall be kept on the premises of each employer and shall
be maintained at all times ready for use.
(ii) Note - See Occupational
Health and Safety Act 2000.
26. Uniforms
(i) Where an
employer requires an employee to wear a special establishment uniform the
employer shall provide such uniform.
(ii) If the
employee is not allowed to take the uniform home to be laundered the employer
shall be responsible for the laundering thereof.
(iii) Not later
than six weeks after the commencement of employment an employer shall supply to
a permanent employee, upon request, safety footwear free of charge; such
footwear shall remain the property of the employer, but it shall be a condition
of the employment that the employee shall wear such safety footwear at all
times whilst at work. "Worn
out" safety footwear shall be replaced by the employer free of charge to
the employee when an employer is satisfied that the safety footwear is worn out
and the footwear being returned to the employer. On termination of the employment the employee shall upon request
return the safety footwear issued to the employee in good order and condition,
fair wear and tear accepted.
27. Morning
Refreshment
(i) All employees
shall be allowed a paid ten minute break between 8.30 a.m. and 11.00 a.m. for
morning tea.
(ii) Hot water and
tea or coffee or cocoa, together with milk and sugar shall be provided by the
employer for morning tea and at lunch time.
28. Protective
Clothing
Employees engaged on filling containers with ammonia or hot
coffee essence shall be supplied with gloves which they shall wear.
29. Washing Times
Employees engaged in gluing or pasting or whose hands come
in contact with curry, cinnamon, phenyl, coffee or turmeric shall be allowed
five minutes for washing before ceasing time on the termination of the day's
work.
30. Jury Service
An employee required to attend for jury service during their
ordinary working hours shall be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of their attendance for such
jury service and the amount of wage the employee would have received in respect
of the ordinary time the employee would have worked had the employee not been
on jury service.
An employee shall notify their employer as soon as possible
of the date on which the employee is required to attend for jury service. Further the employee shall give their
employer proof of such attendance, the duration of such attendance and the
amount received in respect of such jury service.
31. Dusty Conditions
Where an employee and their supervisor agree that work is of
an unusually dusty nature the employee shall be entitled to be paid an amount
as set out in Item 13 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, in addition to the ordinary rates of pay prescribed by this
Award.
Any dispute over such work shall be dealt with in accordance
with the disputes procedure in this Award.
32. Right of Entry
See the Industrial Relations Act 1996.
33. Workplace
Consultation
The development of effective participative/consultative
practices is important in the process of award restructuring and can lead to
advantages for both employers and employees.
It is therefore recommended that participative/consultative mechanisms
at the enterprise level be implemented.
(i) Consultative
Mechanisms/Practices shall be implemented within each enterprise where
agreement exists between employers and employees.
(ii) The form,
structure and method of implementing Consultative Mechanisms/Practices shall be
determined at the enterprise level through negotiation between the employer,
employees and where either party deems it appropriate, the Union. The Union shall where involved be
represented in the consultation process by Shop Stewards.
(iii) The Union
agrees that at enterprises where Consultative Mechanisms/Practices are in place
the parties may, by agreement, vary the application of designated award
conditions referred to in this award.
The Union shall be party to the ratification of any agreement but shall
not unreasonably withhold such agreement where the employees genuinely agree.
(iv) Where an
enterprise does not have in place agreed Consultative Mechanisms/Practices
current award provisions will apply unless otherwise varied in accordance with
the award modernisation provisions of clause 8, Undertakings.
(v) The Union reserves
the right to advise its members as it deems appropriate on award issues under
discussion.
The process of consultative practices is a mechanism
through which employees can be involved in and positively contribute towards
management decision making process. All
decisions are encouraged to be reached through Consultative
Mechanisms/Practices; however, managerial prerogative is acknowledged.
34. Enterprise
Arrangements
See the enterprise arrangement principle of the Wage Fixing
Principles of the State Wage Case.
35. Redundancy
(i) Application -
(a) This clause
shall apply in respect of full-time and part-time employees.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this 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.
(d) 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.
(ii) Introduction
of Change -
(a) Employer's
Duty to Notify -
(1) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(2) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where the award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(b) 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 (a) above,
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 paragraph (a) of this
sub-clause.
(3) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iii) Redundancy -
(a) Discussions
Before Terminations.
(1) Where an employer
has made a definite decision that the employer no longer wishes the job the
employee has been doing done by anyone pursuant to subparagraph (1) of
paragraph (a) of subclause (ii) above, and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph (1) of
this subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(3) For the
purposes of the discussion, the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iv) Termination of
Employment -
(a) Notice for
Changes in Production, Programme, Organisation or Structure - This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from "production", "programme",
"organisation" or "structure" in accordance with sub-clause
(ii)(a)(1) above.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of Continuous Service
|
Period of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years’ continuous service, shall be entitled
to an additional week's notice.
(3) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(b) Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subclause (ii)(a)(1) above:
(1) In order to
terminate the employment of an employee the employer shall give to the employee
3 months’ notice of termination.
(2) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(3) The period of
notice required by this sub-clause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(c) Time Off
During the Notice Period -
(1) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five 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.
(d) Employee
Leaving During the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such
notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(f) Notice to
Appropriate Government Agency - Where a decision has been made to terminate
employees, the employer shall notify Appropriate Government Agency thereof as
soon as possible giving relevant information including the number and
categories of the employees likely to be affected and the period over which the
terminations are intended to be carried out.
(g) Department of
Social Security Employment Separation Certificate - The employer shall, upon
receipt of a request from an employee whose employment has been terminated,
provide to the employee an "Employment Separation Certificate" in the
form required by the Department of Social Security.
(h) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph (a) of subclause (ii) above, the employee shall be
entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee's employment had been terminated, and the
employer may, at the employer's option, make payment in lieu thereof of an
amount equal to the difference between the former ordinary time rate of pay and
the new ordinary time rates for the number of weeks of notice still owing.
(v) Severance Pay
-
(a) Where an
employee is to be terminated pursuant to subclause (iv) above, subject to
further order of the Industrial Relations Commission, 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:
Under 45 Years of Age
|
Years of Service
Age Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years.
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years.
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(2) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service
|
45 Years of Age 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
|
(3) 'Weeks Pay'
means the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances provided for in the relevant
award.
(b) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) above.
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Industrial Relations Commission thinks relevant, and the probable effect paying
the amount of severance pay in subclause (i) above will have on the employer.
(c) Alternative
Employment - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) above if the
employer obtains acceptable alternative employment for an employee.
(vi) Savings Clause
- Nothing in this award shall be construed so as to require the reduction or
alteration of more advantageous benefits 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.
36.
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."
37. Superannuation
DEFINITIONS -
(a)
(i) "Fund"
- In this clause, all reference to "fund" shall mean the Milling and
Associated Industries Superannuation Fund (the MAIS fund) at sites providing
occupational superannuation prior to 1 July 1991; or, the Labour Union
Co-Operative Retirement Fund (LUCRF) at sites introducing Occupational
Superannuation on or after 1 July 1991.
(ii) "Ordinary-time
earnings" - In this clause, the term "ordinary-time earnings"
shall mean the award classification rate, including supplementary payments
where relevant, overaward payments and shift work loadings.
(iii) "Approved
superannuation scheme" - For the purpose of this clause, "approved
superannuation scheme" means a scheme approved in accordance with the
Commonwealth's operational standards or occupational superannuation funds.
EMPLOYER CONTRIBUTIONS -
(b)
(i) In addition
to other payments provided for under this award, the employer shall make a
superannuation contribution to the fund on behalf of eligible employees of an
amount equivalent to three per cent of the employee's ordinary time earnings.
(ii) Payment shall
be made on a monthly basis and cover pay periods completed in that time.
(iii) The majority
of employees in an establishment will determine the appropriate fund for that
establishment prior to 1 July 1991, after which time the Labour Union
Co-operative Retirement Fund (LUCRF) shall be the only defined fund.
ELIGIBILITY -
(c)
(i) Employers
shall only be required to make contributions in accordance with this clause in
respect of employees who have been employed by the employer continuously for a
period of three months.
(ii) Contributions
for casual employees will be made at the end of each calendar month, calculated
at three per cent of all earnings during the month; provided that, if a casual
employee's hours are less than 12.5 hours in any week, the employer shall not
be required to make any contribution.
(iii) Employees who
become eligible to join the fund shall, in addition to contributions under
subclause (b) hereof, be entitled to a once only contribution by the employer
to the fund in respect of the qualifying period. Such contributions shall be equivalent to contributions under
subclause (b) hereof.
(d) Employer's
Contribution During Leave Without Pay - 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.
EMPLOYEE CONTRIBUTIONS -
(e)
(i) Employees who
wish to make contributions to the fund additional to those being paid by the
employer pursuant to subclause (b) hereof, shall be entitled to authorise the
employer to pay into the fund from the employee's wages amounts specified by
the employee.
(ii) Employee
contributions to the fund requested under this subclause shall be made in
accordance with the rules of the fund.
(f) 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.
(g) Employer's
Failure To Participate In Fund - Where an employer has failed to make
application to participate in the fund, the employer shall make application to
participate in the fund and, upon acceptance by the trustees, shall make a once
only contribution to the fund in respect of each eligible employee equivalent
to the contributions which would have been payable under this clause had the
employer made application to participate in the fund and been accepted by the
trustees prior to 1 July 1991.
FUND MEMBERSHIP -
(h)
(i) An employer
shall, within fourteen days of an employee becoming eligible for contributions
as described in subclause (c) hereof, inform each eligible employee of the
availability of superannuation entitlements and offer such employee the
opportunity to join the fund.
(ii) Such offer
shall be made in writing by the employer and shall, if not accepted, be
rejected in writing by the employee.
Contributions made by the employer shall only begin from the date when
the employee applied to join the fund.
(iii) Where an
employee, after being made aware of the superannuation entitlement by the
employer, refuses to become a member of the fund, the employer will not make
contributions in accordance with subclause (c) hereof.
EXCLUSIONS -
(i)
(i) an employer
making a three per cent contribution (or more) to an approved superannuation
scheme for employees under this award prior to 1 July 1991 is automatically
excluded from the provisions of this clause.
(ii) Other than as
provided in paragraph (i) hereof, no employer shall be excluded from the
operation of this clause on the basis of existing voluntary superannuation
arrangements.
(j) Standards of
Proof - Where doubt exists as to whether contributions were made in accordance
with subclause (i), prior to 1 July 1991, the provision of the statutory
declaration by the employer shall be deemed to be prima facie evidence of the
date of the operation of the contributions.
(k) Exemptions -
An individual employer, other than an employer covered by subclause (i) may
make application for exemption from the requirement to pay contributions to the
fund pursuant to this clause.
The Commission may grant such exemption having regard
to the following procedures and circumstances:
(i) Provided that
leave is reserved to any employer to apply for exemption from this clause on
the grounds of the standards of existing arrangements provided by the employer
as at 1 July 1991.
(ii) It is further
provided that in circumstances where the union is concerned about a fund
established on or after the commencement date of this clause, it may challenge
the suitability of that fund. In the
event of dispute between the parties in the application of this exemption
clause, the matter shall be referred to the Commission for resolution. During the period required to obtain such a
resolution, work shall continue as normal.
(NOTATION:
Employees covered by this award are also covered by the provisions of
the Superannuation Guarantee Charge Act 1992 (Cth.) and the Superannuation
Guarantee (Administration) Act 1992 (Cth.) and complimentary
legislation. Nothing in this notation,
however, shall be used to reduce any benefits enjoyed by employees as at the
date of making this award.)
38. Area, Incidence
and Duration
(a) This award
shall apply to all persons engaged or employed within the jurisdiction of the
Starch and Condiment Makers, &c. (State) Industrial Committee.
(b) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Grocery Products Manufacturing (State) Award
published 1 June 2001 (325 I.G. 38) and all variations thereof.
(c) The award
published 23 April 1999 took effect from the beginning of the first pay period
to commence on or after 5 March 1998.
(d) 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 5 February 2008.
(e) This award
remains in force until varied or rescinded, the period for which it was made
already having expired.
STARCH AND
CONDIMENT MAKERS, & c. (STATE) INDUSTRIAL COMMITTEE
INDUSTRIES AND
CALLINGS
Employees Employed in:
grain (other than wheaten flour);
cereal food and starch mills;
coffee mills;
wholesale grocery stores and factories;
As well as Employees Engaged in:
the manufacture of stove, boot and floor polishes;
the manufacture of macaroni, vermicelli, spaghetti,
cake and pudding mixes;
the manufacture of hydrolysed vegetable protein,
noodles, soup powders or tablets, junket powders or tablets, caramel powder,
glucose, dextrin and self-raising flour;
the handling or putting up of honey, butter (not in
butter factories), processed cheese (not other cheese factories) and junket
tablets;
the manufacture of cream of tartar, tartaric acid and
any by-products thereof
As Well As Employees Engaged In or About;
the grinding of drugs and spices;
As Well As Employees Engaged As Or With:
condiment makers, chicory roasters, malt roasters,
peanut roasters, custard mixers and jelly blenders;
excepting:
Engine drivers and firemen, greasers, trimmers, cleaners
and pumpers engaged in or about the driving of engines;
and excepting:
drivers of motor bikes and other motor or
power-propelled vehicles used for the carriage of articles of merchandise;
and excepting:
those employees within the jurisdiction of the Jam,
Vinegar, Sauce &c. Manufacture (State) Industrial Committee;
and excepting:
employees employed by milk vendors
and excepting;
the County of Yancowinna.
PART B
MONETARY RATES
Table 1 - Wages
Division 1 - Condiments
|
Former award rate
|
Minimum award rate
|
Classifications
|
per week
|
per week
|
|
14/10/2006
|
14/10/2007
|
|
$
|
$
|
Rice, Oatmeal, Barley, Split Peas or Mustard Miller
|
543.90
|
563.90
|
Operator Rice Par Boiler
|
543.90
|
563.90
|
Assistant Operator Rice Par Boiler
|
533.00
|
553.00
|
Assistant Miller
|
533.00
|
553.00
|
Rice Fumigator
|
533.00
|
553.00
|
Assistant Rice Fumigator (Certified)
|
521.30
|
541.30
|
Coffee, Chicory, Malt or Peanut Roaster
|
533.00
|
553.00
|
Coffee Roaster after 18 months’ continuous service or
|
|
|
cumulative service
|
536.80
|
556.80
|
Person in Charge of Vacuum Pan making coffee essence
|
533.00
|
553.00
|
Condiment Miller
|
526.50
|
546.50
|
Icing Sugar Miller
|
526.50
|
546.50
|
Person in Charge of Bulk Stores
|
526.50
|
546.50
|
Drying Person and Stove Person
|
525.00
|
545.00
|
Presser and Bran Tub Man
|
522.30
|
542.30
|
Kilnman
|
521.30
|
541.30
|
Packerman
|
517.00
|
537.00
|
Rice Tipper -Tallying Off
|
516.40
|
536.40
|
Stacker - Over 7 High
|
521.30
|
541.30
|
Loader
|
515.60
|
535.60
|
Loader - Murrumbidgee Irrigation Area
|
521.30
|
541.30
|
Pulveriser Operator - Rollerman
|
525.00
|
545.00
|
Mustard Blender
|
533.00
|
553.00
|
Mustard Siever
|
522.30
|
542.30
|
Mustard Seed Cleaner
|
522.30
|
542.30
|
Mustard Dryer
|
522.30
|
542.30
|
Fork Lift Driver
|
527.10
|
547.10
|
All Other Employees
|
508.60
|
531.40
|
Division 2 - Cereal Foods
Section A -
Macaroni, Vermicelli or Spaghetti
|
Former Award
|
Minimum Award
|
Classifications
|
Rate Per Week
|
Rate Per Week
|
|
14 October 2006
|
14 October
|
|
$
|
$
|
Macaroni, Vermicelli or Spaghetti Plant -
|
|
|
Man in Charge
|
544.00
|
564.00
|
Machine Operator
|
520.20
|
540.20
|
Fork Lift Driver
|
527.10
|
547.10
|
All Other Employees
|
508.60
|
531.40
|
Section B - Other
Cereal Foods
|
Former Award
|
Minimum Award
|
Classifications
|
Rate Per Week
|
Rate Per Week
|
|
14 October 2006
|
14 October 2007
|
|
$
|
$
|
Miller and/or Roller Person
|
530.00
|
550.00
|
Ovensperson, Stoveperson, Cooker, Dressing Room and
|
|
|
Drying Room Person
|
530.00
|
550.00
|
Pressperson and/or Moulder
|
522.30
|
542.30
|
Packer
|
517.00
|
537.00
|
Wheat Cleaner
|
516.40
|
536.40
|
Corn Mill Operator
|
543.90
|
563.90
|
Silo Operator
|
532.20
|
552.20
|
Flavourperson
|
530.00
|
550.00
|
Person Working at Silos
|
516.40
|
536.40
|
Puffing Tower Operator
|
542.10
|
562.10
|
Fork Lift Driver
|
527.10
|
547.10
|
All Other Employees
|
508.60
|
531.40
|
Division 3 -
Jellies, Puddings, Custards, Self-Raising Flour and Cake Mixes
|
Former Award
|
Minimum Award
|
Classifications
|
Rate Per Week
|
Rate Per Week
|
|
14 October 2006
|
14 October 2007
|
|
$
|
$
|
Person actually engaged in mixing from a formula the
|
|
|
ingredients for custard powder, jelly blending, baking
|
|
|
powder, puddings, self-raising and cake mixes and who in
|
|
|
addition may be in charge of employees doing such work
|
533.00
|
553.00
|
Machine Operator Maintenance
|
533.00
|
553.00
|
Flour Tipper
|
517.00
|
537.00
|
Adequate Weighter
|
517.00
|
537.00
|
Fork Lift Driver
|
527.10
|
547.10
|
All Other Employees
|
508.60
|
531.40
|
Division 4 -
Noodles and Soup Powders
|
Former Award
|
Minimum Award
|
Classifications
|
Rate Per Week
|
Rate Per Week
|
|
14 October 2006
|
14 October 2007
|
|
$
|
$
|
Cooker
|
516.60
|
536.60
|
Drum Dryer Operator
|
516.60
|
536.60
|
Person actually engaged in mixing from a formula
|
|
|
ingredients for noodles and soup powders
|
533.00
|
553.00
|
Fork Lift Driver
|
527.10
|
547.10
|
All Other Employees
|
508.60
|
531.40
|
Division 5 - Boot,
Floor and Stove Polishes
|
Former Award
|
Minimum Award
|
Classifications
|
Rate Per Week
|
Rate Per Week
|
|
14 October 2006
|
14 October 2007
|
|
$
|
$
|
Person in Charge of one or More Persons
|
531.50
|
551.50
|
Paste Maker
|
518.50
|
538.50
|
Fork Lift Driver
|
527.10
|
547.10
|
All Other Employees
|
508.60
|
531.40
|
Division 6 - Drugs
|
Former Award
|
Minimum Award
|
Classifications
|
Rate Per Week
|
Rate Per Week
|
|
14 October 2006
|
14 October 2007
|
|
$
|
$
|
Miller
|
544.40
|
564.40
|
Assistant Miller
|
529.20
|
549.20
|
Fork Lift Driver
|
527.10
|
547.10
|
All Other Employees
|
508.60
|
531.40
|
Division 7 -
Miscellaneous
|
Former Award
|
Minimum Award
|
Classifications
|
Rate Per Week
|
Rate Per Week
|
|
14 October 2006
|
14 October 2007
|
|
$
|
$
|
Combined Miller
|
538.90
|
558.90
|
Stone Dresser
|
538.90
|
558.90
|
Fork Lift Driver
|
527.10
|
547.10
|
All Other Employees
|
508.60
|
531.40
|
JUNIORS
|
Percentage of Wages
of all Other Employees
|
Classifications
|
(to the nearest 5
cents)
|
Under 16 Years of Age
|
57
|
At 16 and Under 17 Years of Age
|
60
|
At 17 and Under 18 Years of Age
|
69
|
At 18 Years of Age
|
Full Adult Pay
|
Table 2 - Other
Rates and Allowances
Item
No.
|
Clause
No.
|
Subject
Matter
|
Amount
|
|
|
|
$
|
1
|
6(i)
|
Shift Work - Day, Afternoon,
Night
|
55.80 per week
|
2
|
6(ii)
|
Shift Work - Day, Night
|
55.80 per week
|
3
|
6(iii)
|
Shift Work - Afternoon, Night
|
82.42 per week
|
4
|
6(iv)
|
Shift Work - Afternoon
|
82.42 per week
|
5
|
6(v)
|
Shift Work - Night
|
123.65 per week
|
6
|
6(vi)
|
Shift Work - Change of Shift
|
28.70 per week
|
7
|
7(iii)
|
Leading Hands
|
4.39 per day
|
8
|
7(iv)(a)
|
Mill Hand - making mustard
|
2.52 per shift
|
9
|
7(iv)(b)
|
Grinding Chillies
|
80 cents per hour
|
10
|
7(iv)(c)
|
Packing/Unpacking
|
1.19 per day
|
11
|
10(iv)
|
Meal Allowance - more than two
hours overtime
|
7.18 (1st meal)
|
12
|
10(iv)
|
Meal Allowance - six hours or
more
|
6.03 (2nd meal)
|
13
|
31
|
Dusty Conditions
|
2.66 per shift
|
14
|
4(e)(i)
|
Payment for Meal Break on Day
Shift Where Mill Runs
|
|
|
|
Two Shifts
|
2.16 per shift
|
E. A. R. BISHOP, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.