Soap and Candle Makers (State)
Consolidated Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1560 of 2007)
Before Commissioner
Bishop
|
16 April 2008
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Safety Net
Commitments
3. Hours
4. Part-time
Employment
5. Rates of
Pay
6. Casual
Labour
6A. Secure
Employment
7. Classification
Structure
8. Award
Flexibility
9. Award
Modernisation
10. Training
and Consultative Mechanisms
11. Mixed
Functions
12. Overtime
13. Time Off in
Respect of Overtime Worked
14. Meal Breaks
15. Meal
Allowances
16. Sunday and
Holiday Rates
17. Recall
18. Holidays
19. Sick Leave
20. Personal/Carer's
Leave
20A. Parental
Leave
21. Bereavement
Leave
22. Jury
Service
23. Annual
Leave
24. Long
Service Leave
25. Payment of
Wages
26. Termination
of Employment
27. First-aid
and Safety
28. Amenities
29. Protective
Clothing
30. Redundancy
31. Anti Discrimination
32. Disputes
Procedure
33. Training
Wage
34. Superannuation
35. Deduction
of Union Membership Fees
36. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
2. Safety Net
Commitments
(i) The rates of
pay in this award include the adjustments payable under the State Wage Case
2007. These adjustments may be offset against:
(a) any equivalent
over award payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
3. Hours
(i) Day Workers
(a) The ordinary
working hours shall be 38 per week, to be worked Monday to Friday, inclusive,
between the hours of 6.00 am and 6.00 pm, provided that the spread of hours may
be altered by mutual agreement between an employer and the majority of affected
employees in a plant, work section or work sections concerned. Agreement can
extend to staggering starting and finishing times for employees provided that
the majority of employees affected by the proposed change agree in a plant,
work section or work sections concerned.
(b) The ordinary
hours of work prescribed herein shall not exceed ten on any day. Provided that:
By arrangement between an employer, the union and/or
majority of employees in the plant or work sections concerned, ordinary hours
not exceeding 12 may be worked on any day subject to:
(i) The employer
and employees concerned being guided by the Occupational Health and Safety
provisions of the ACTU Code of Conduct on 12 - Hour shifts.
(ii) Proper health
monitoring procedures being introduced.
(iii) Suitable
rostering arrangements being made.
(iv) Proper
supervision to be provided by the employer.
(c) Implementation
of the 38-Hour Week - The method of implementing the 38-hour week shall be
determined by agreement between the employer and the majority of employees
directly affected, from one or more of the following:
(i) By employees
working less than eight ordinary hours each day.
(ii) By employees
working less than eight ordinary hours on one or more days each week.
(iii) By employees
having one weekday off, or two half days off, excluding public holidays in each
20 day work cycle, eight hours being worked on each of the other days of those
four weeks. The days off are to be nominated by the employer.
(A) By fixing one
weekday on which all or any number of employees will be off during a particular
20 day work cycle.
(B) By rostering
employees off on various weekdays during a particular 20 day work cycle.
Subject to operational requirements, preference shall be given to days off
being arranged to suit individual requests.
(C) Flexibility in
relation to days off - Where the hours of work of an establishment, plant or
section are organised in accordance with this paragraph, an employer may
require the employee(s) to accrue a maximum of five rostered days off. Where a rostered day off is allowed, it
shall be taken within 12 months of its original due date.
(D) The procedure for
resolving special, anomalous or extraordinary problems shall be applied in
accordance with the disputes procedure. The procedure shall be applied without
delay.
(E) In any calendar
year, where 20 days annual leave is taken there shall be a maximum of 12
rostered days off. Provided that for lesser periods of annual leave taken the
above will apply on a proportionate basis.
(iv) Provided that
ordinary hours may be worked by such other method that is agreed upon between
the employer and the majority of employees directly affected.
(v) Circumstances
may arise where different methods of implementing a 38 hour week apply to
various groups or sections or employees in the plant or section concerned.
(vi) The day
scheduled to be the day off in accordance with paragraph (iii) of the subclause
may be worked as an ordinary day without penalty when substituted by another
day by agreement between the employer and the employee directly affected, or
where a number of employees are directly affected, by the agreement between the
employer and a majority of employees in respect of whom a substituted day off
is sought.
(vii) Excluding
circumstances beyond the control of the employer and except as herein provided,
not less than seven days notice is to be given concerning the days off thus
allocated to employees by the application of the foregoing arrangements.
(viii) The procedure
for resolving special, anomalous, or extraordinary problems shall be applied in
accordance with the disputes procedure. The procedure shall be applied without
delay.
(ix) In any calendar
year, where 20 days annual leave is taken there shall be a maximum of 12
rostered days off. Providing that for lesser periods of annual leave taken the
above will apply on a proportionate basis.
(ii) Shift Work
(a) The ordinary
hours of shift workers shall be fixed by mutual agreement between the employer
and the employee concerned, but shall not exceed 76 hours in any period of two
consecutive weeks, or 114 hours in any period of three consecutive weeks, or
152 hours in any period of four consecutive weeks.
4. Part-Time
Employment
Part-time Employees
(i) A part-time
employee shall mean an adult employee who is employed to work regular days and
regular hours, either of which are less than the number of days or hours worked
by a full time employee. However;
(a) such days shall
not be less than 2 per week and
(b) such hours shall
not be less than 12 nor more than 30 per week.
(ii) The spread of
ordinary hours of part-time employees shall be as set out in clause 3, Hours,
and their rates of pay shall be calculated pursuant to clause 5, Rates of Pay.
(iii) Notwithstanding
anything else contained in this award, the provisions of this award with
respect to annual leave, annual leave loading, sick leave, jury service,
bereavement leave, maternity leave and holidays shall apply to part-time
employees on a pro rata basis for each employee in proportion to the normal
ordinary hours worked by weekly employees.
(iv) Notwithstanding
the provisions of this clause, the union and an employer may agree in writing
to observe other conditions in order to meet special cases.
5. Rates of Pay
(i) Adult Employees
- The minimum rates to be paid to adult employees shall be as set out in Table
1 - Wages, of Part B, Monetary Rates.
(ii) Junior
Employees - The minimum rates of pay for junior employees shall be: Percentage
of the total wage for Group V - General Hand (not otherwise classified) - Per
week
At 17 years of age and under
|
75
|
|
|
At 18 years of age
|
100
|
(iii) The rate of
pay for juniors prescribed in subclause (ii) of this clause shall be calculated
to the nearest five cents, any broken part of five cents in the result not
exceeding two and a half cents to be disregarded.
(iv) Leading Hands -
A Leading Hand appointed in charge of other employees shall be paid as set out
in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates,
in addition to the rate prescribed by subclause (i) and (ii) of this clause,
for the highest classification under the employee’s control.
(v) Employees
engaged in cleaning pits, tanks, vats and/or sumps and/or evaporator tubes
shall be paid as set out in Item 2 of the said Table 2 in addition to their
ordinary rates.
(vi) Employees
required to empty bags of soda ash by hand shall be paid as set out in Item 3
of the said Table 2 in addition to their ordinary rates, whilst on such work.
(vii) A First-aid
Attendant shall be paid per day as set out in Item 4 of the said Table 2.
(viii) Shift Work -
(a) Definitions
(1) "Afternoon
Shift" means any shift finishing after 6.00pm and at or before midnight.
(2) "Night
Shift" means any shift finishing subsequent to midnight or at or before
8.00am.
(b) Employees on
afternoon shift shall be paid 15 per cent, and on night shift shall be paid
17.5 per cent, in addition to their ordinary rates of pay. However, in
circumstances where an ordinary night shift which commences on Friday is
completed on Saturday,
(1) the portion of
the ordinary shift work which falls on the Saturday (being after 12 midnight on
Friday night) shall be paid to the shift worker at the rate of time and a half;
and
(2) this rate shall
be in substitution for and not cumulative upon the existing night shift
allowance provided by this paragraph (a).
(c) Notwithstanding
anything elsewhere contained in this subclause, employees required to work on a
permanent afternoon shift shall be paid 15 per cent, or on a permanent night
shift 22.5 per cent, in addition to the prescribed rate of pay. However, where
such a permanent night shift sees a portion of an ordinary shift completed on a
Saturday the rate for that portion shall be as prescribed in subparagraph (2)
of paragraph (b) of this subclause.
6. Casual Labour
(i) Casual Labour
shall mean labour engaged by the hour when the number of hours does not extend
to 38 in any week during which the employee is engaged.
(ii) The minimum
rate to be paid to all employees engaged as casual labour shall be 15 per cent
in addition to the hourly equivalent of their respective rate, as classified,
with a minimum of four hours per engagement.
(Notation: The New South Wales Annual Holidays Act
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).
6A. 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 twelve 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 twelve 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.
7. Classification
Structure
The parties to this award are committed to examining a new
skills based classification and wages structure. In making this commitment, the
parties accept in principle that the description of job functions within a new
structure will be more broadly based and generic in nature.
8. Award Flexibility
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, provided that such
duties are not designed to promote deskilling.
It is accepted that the performance of a wider range of
duties may mean involvement in non-traditional areas.
Employees shall perform such work as is reasonably and
lawfully required of them by the employer, including accepting instruction from
authorised personnel. Instructions may go to Occupational Health and Safety
issues.
Employees shall take all reasonable steps to achieve
quality, accuracy and completion of any job or task assigned to the employee.
9. Award
Modernisation
The parties are committed to modernising the terms of the
award so that it provides for more flexible working arrangements, improves the
quality of working life, enhances skills and job satisfaction and assists
positively in the restructuring process.
The parties are committed to examining this award to ensure
it reflects the needs of modern business and to eliminate or amend provisions
which restrict the ability of employers to adapt quickly and efficiently to
changes affecting their business and the provision of service to the
consumer/customer.
10. Training and
Consultative Mechanisms
Employees may be required to undertake training for a wider
range of duties and/or access to higher skill levels to assist in the
implementation of structural efficiency negotiations.
It is agreed that the parties will co-operate in ensuring
that appropriate training is available for all employees and the parties agree
to co-operate in encouraging both employers and employees to avail themselves
of the benefits of both from such training.
The parties agree to continue discussions on issues raised
related to training.
Enterprises covered by this award shall establish a
consultative mechanism and procedures between the employer and employee(s)
and/or the Union, appropriate to their size, structure and needs for
consultation and negotiation on matters affecting their efficiency and
productivity.
11. Mixed Functions
(i) An employee
transferred temporarily from a higher paid to a lower paid class of work, or
from a lower paid to a higher paid class of work such employee, shall be paid
not less than the rate of wages prescribed in the higher class of work during
such temporary employment.
(ii)
(a) An employee
transferred temporarily to a higher paid class of work for two hours or more on
any one day shall be paid the higher rate of wages for the whole of such day.
(b) An employee
transferred temporarily to a higher paid class of work for twenty hours or more
in any one week, shall be paid the higher rate of wages for the whole of such
week.
12. Overtime
(i)
(a) All time worked
in excess of the ordinary daily working hours prescribed in subclause (i) of
clause 3, Hours, or in excess of the regular hours of shift workers shall be
deemed to be overtime and shall be paid for at the rate of time and one-half
for the first two hours in any one day and double time thereafter.
(b) However,
continuous seven-day shift workers shall be paid double time for all work done
outside the ordinary hours of their shifts.
(c) Each day's
overtime shall stand alone.
(ii)
(a) When overtime is
worked on a Saturday the overtime rates shall be time and one-half for the
first two hours and double time thereafter:
(b) However, a
person employed on shift work required to work overtime after finishing the
said person’s normal shift on a Saturday in accordance with paragraph (b) of
subclause (viii) of clause 5, Rates of Pay, shall be paid double time for such
overtime.
(iii) An employee
required to work in place of a shift worker, after having completed the
employee’s own shift, shall be paid overtime rates for such time worked.
Provided that
(a) Where an
employee performs such overtime the employer shall make every effort to relieve
the said employee before a 12 hour period of engagement is exceeded.
(b) Where overtime
is required, it shall be subject to:
(1) The employer and
the employee(s) concerned being guided by the Occupational Health and Safety
provisions of the ACTU Code of Conduct on 12 hour shifts.
(2) Proper health
monitoring procedures.
(3) Suitable
rostering arrangements being made.
(4) Proper
supervision being provided by the employer.
(iv)
(a) When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least ten consecutive hours off duty between the work of
successive days.
(b) An employee
(other than a casual employee) who works so much overtime between the
termination of ordinary work on one day and the commencement of ordinary work
on the next day so 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.
(c) 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 rates until released from duty for such period; and the employee
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.
(d) The provisions
of this subclause shall apply in the case of shift workers as if eight hours
were substituted for ten hours when overtime is worked:
(1) for the purpose
of changing shift rosters; or
(2) where a shift
worker does not report for duty and a day worker or shift worker is required to
replace such shift worker; or
(3) where a shift is
worked by arrangement between the employees themselves.
(v) The roster of an
employee shall not be changed from one shift to another without 48 hours'
notice of such change being given and in the absence of such notice overtime
rates shall be paid until the expiry of such notice.
(vi) An employee
required to work any period of overtime on a Saturday shall receive a minimum
payment of four hours at overtime rates
(vii) Reasonable
Overtime
(a) Subject to
paragraph (b) below, an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for in this award.
(b) An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours, which are unreasonable.
(c) For the purposes
of paragraph (b) what is unreasonable or otherwise will be determined having
regard to:
(1) any risk to
employee health and safety;
(2) the employee's
personal circumstances including any family and carer responsibilities;
(3) the needs of the
workplace or enterprise;
(4) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(5) any other
relevant matter.
13. Time Off in
Respect of Overtime Worked
(i) Subject to
genuine agreement between an employer and employee(s), an employee may elect to
take time off in lieu of payment for hours worked outside and/or in excess of
the ordinary hours of work prescribed by this award.
(ii) In such cases
the time off shall be calculated on the basis of the penalty prescribed for
work outside and/or in excess of the ordinary hours of work prescribed by this
award.
(iii) Provided that
such time off shall be taken within four weeks of becoming due or payment for
such work shall be made by the employer.
(iv) Provided
further that the time of taking the time off in lieu is subject to mutual
agreement between the employer and employee and where agreement cannot be
reached the matter shall be dealt with via clause 32, Disputes Procedure.
14. Meal Breaks
(i) An employee
shall be given a period of at least thirty minutes for a meal on each day
worked. No person shall work more than five hours without being given a break
for a meal, excepting:
(a) an employee or
employees may be required to work in excess of five hours but not more than six
hours at ordinary pay without a meal break. Such arrangement must be by
agreement between an employer and each individual employee and/or the majority
of employees in the enterprise or work section or sections concerned.
(ii) Where an
employee is required to work beyond five hours, or beyond the agreed time as
set out in paragraph (a) of subclause (i) of this clause, such work shall be
paid for under the award overtime rates, as set out in paragraph (a) of
subclause (i) of clause 12, Overtime. Payment at overtime rates shall continue
until such time as the employee is allowed an uninterrupted meal break of
thirty minutes.
(iii) Subject to
subclause (i) of this clause, the time of taking a meal break by one or more
employees may be altered by an employer if it is necessary to do so in order to
meet a requirement for continuity of operations.
15. Meal Allowances
(i) Any employee
required to work overtime for any period in excess of one hour after the usual
ceasing time either shall be supplied with a meal by the employer or shall be
paid as set out in Item 5 of Table 2 - Other Rates and Allowances of Part B. If
an employee is required to work in excess of four hours' overtime that employee
shall either be supplied with a further meal or shall be paid the sum as set
out in Item 5.
(ii) This clause
shall not apply when an employee has been notified the previous day of the
intention to work overtime.
(iii) If such an
employee is notified on the previous day that the employee will be required to
work overtime and by reason of such notice has provided himself or herself with
a meal and such overtime is cancelled, the employee shall be allowed the sum
set out in the said Item 5.
16. Sunday and
Holiday Rates
(i) For all work
performed on Sunday, an employee shall be paid at the rate of double time with
a minimum payment of four hours' work.
(ii) For all work
performed on the holidays prescribed by clause 18, Holidays, an employee shall
be paid at the rate of double time and one-half with a minimum payment of four
hours' work.
17. Recall
(i) An employee
recalled from home to work overtime after having left the premises of the
employer shall be paid a minimum of four hours at overtime rates.
18. Holidays
(i)
(a) The following
days shall be holidays, namely:
New Year's Day,
Australia Day,
Good Friday,
Easter Saturday,
Easter Monday,
Anzac Day,
Queen's Birthday,
Labour Day,
Christmas Day,
Boxing Day,
and any other days which may be proclaimed as public
holidays and observed as such; provided that the day on which the Newcastle
Show is held may be worked at ordinary rates even though such day be proclaimed
as a public holiday.
(b) The first Monday
in March each year also shall be a holiday as the picnic day of The Australian
Workers' Union, New South Wales Branch, provided that a picnic is held.
(c) An employer may
require from an employee evidence of attendance at the picnic and the
production of the butt of the picnic ticket issued for the picnic shall be
sufficient evidence of attendance. Where such evidence is requested by the
employer payment need not be made unless the evidence is produced
(ii) No deduction
shall be made from the wages of employees for such holidays; provided, however,
that an employee absent the day before or the day after a holiday without
reasonable excuse or without the employer's consent shall not be entitled to
payment for such holiday.
19. Sick Leave
An employee who, having completed three months continuous
service, is unable to attend for duty during ordinary working hours by reason
of personal illness or personal incapacity (including incapacity resulting from
injury within the Workers’ Compensation Act 1987, the Workplace
Injury Management and Workers Compensation Act 1998 or any successor
legislation), not due to the employee’s own serious and wilful misconduct,
shall be entitled to be paid at the ordinary time rate of pay for such absence,
subject to the following:
(i) The employee
shall, as far as practicable;
(a) Inform the
employer of any inability to attend for duty within twenty four hours of the
commencement of such absence, and
(b) state the nature
of the injury or illness and the estimated duration of the absence.
(ii) The employee
shall prove to the satisfaction of the employer, by the production of a medical
certificate or other satisfactory evidence, that the employee was unable, on
account of such illness or injury, to attend for duty on the day or days for
which sick leave is claimed.
(iii) Subject to
paragraphs (iv) and (v) of this clause, an employee shall be entitled to the
following sick leave:
(a) An employee in
the first year of service shall be entitled to five days' sick leave per year.
(b) An employee in
the second year of service and thereafter shall be entitled to ten days' sick
leave per year.
(iv) 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 the sick leave entitlement
which has not been allowed in any year may be claimed by the employee and shall
be allowed by the employer, subject to the conditions described by this clause,
in a subsequent year of continued employment. Any rights which accumulate
pursuant to this subclause shall be available to the employee for an unlimited
period.
(v) When a new
employee has completed three months continuous service that employee shall be
entitled retrospectively to sick leave taken in accordance with this clause
during that three months continuous service.
20. Personal/Carer's
Leave
(i) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 20(i)(c)(2) who needs the employee’s care and support, shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement, provided for at clause 19, 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:
(1) the employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
(A) a spouse of the
employee; or
(B) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first-mentioned person who lives with the first mentioned-person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(C) a child or an
adult child (including an adopted child, a stepchild, 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 32, Dispute Procedure, should be followed.
(ii) 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 20(i)(c)(2) above
who is ill or who requires care due to an unexpected emergency.
(iii) 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 employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
(iv) Time Off in
Lieu of Payment for Overtime
(a) For the purpose
only of providing care and support for a person in accordance with subclause
(i) of this clause, and despite the provisions of clause 13, Time Off in
Respect of Overtime Worked, the following provisions shall apply.
(b) An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
(c) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(e) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(v) 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.
(vi) 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.
(vii) Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 20(i)(b) and 20(i)(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 20(i)(c)(2) of this clause who are
sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(3) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
20A. 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).
21. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to two days bereavement leave
without deduction of pay, on each occasion of the death of a person in
Australia as prescribed in subclause (iii) of this clause. Where the death of a
person as prescribed by the said subclause (iii) occurs outside Australia the
employee shall be entitled to two days bereavement leave where the employee
travels outside Australia to attend the funeral.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (2) of paragraph (c) of subclause (i) of clause 20,
Personal/Carer's Leave, provided that, for the purposes of bereavement leave,
the employee need not have been granted other leave.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(ii), (iii), (iv) and (v) of the said clause 20. In determining such a request,
the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the business.
(vi) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 21(i) 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 20(i)(c)(2) of clause 20, 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.
22. Jury Service
An employee required to attend for jury service during
ordinary working hours shall be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of attendance for such jury
service and the amount of wage the employee would have received in respect of
the ordinary time that would have worked had the employee not been on jury
service.
23. Annual Leave
(i) See Annual
Holidays Act 1944.
(ii) Seven-day
Shift Workers:
(a) In addition to
the annual leave benefits prescribed by subclause (i) of this clause with
regard to an annual holiday of four weeks, an employee who during the year of
employment with the employer with respect to which the employee becomes
entitled to the said annual holidays works as a continuous seven-day shift
worker shall be entitled to the additional leave as hereunder specified.
(1) If, during the
year of employment, the employee has served the employer continuously as such
seven-day shift worker the additional leave with respect to that year shall be
one week.
(2) Subject to
subparagraph (4) of this paragraph if during the year of employment the
employee has served for only a portion of it as such seven-day shift worker,
the additional leave shall be one day for every thirty-six ordinary shifts
worked as a seven-day shift worker.
(3) Subject to
subparagraph (4) of this paragraph, the employee shall be paid for such
additional leave at the same rate and under the same conditions as provided in
subparagraph (1) of this paragraph for the annual holiday of four weeks.
(4) Where the
additional leave calculated under this subclause is or includes a fraction of a
day such fraction shall be discharged by payment only and such payment shall be
at the rate outlined in subparagraph (3) of this paragraph.
(5) In this clause
reference to one week and one day shall include holidays and non-working days.
(a) Where the
employment of a worker has been terminated and the employee thereby becomes
entitled under section 4 of the Annual Holidays Act 1944 to payment in lieu of
an annual holiday, with respect to a period of employment, the employee also
shall be entitled to an additional payment for three and one-third hours at the
annual leave rate of pay with respect to each twenty-one shifts of service as
such seven-day shift worker which the employee has rendered during such period
of employment.
(b) In the case of
an employee who was, at the commencement of annual leave, employed as a
seven-day shift worker, as defined herein, one day shall be added to the annual
leave period in respect of any holiday prescribed by this award which falls
within the period of annual leave to which the employee is entitled under this
award.
In addition to the foregoing a seven-day shift worker
who regularly works the 21st shift of the said employee’s roster, shall be paid
the equivalent of time worked on that day when proceeding on annual leave.
(iii) In addition to
the entitlement accruing under subclauses (i) and (ii) of this clause, during a
period of annual leave an employee shall receive a loading calculated on the
rate of wage prescribed by clause 5, Rates of Pay.
The loading shall be calculated as follows:
(a) Day Workers - An
employee who would have worked on day work only had that employee not been on
leave - a loading of 17.5 per cent.
(b) Shift Workers -
An employee who would have worked on shift work had that employee not been on
leave - a loading of 17.5 per cent.
However, where the employee would have received shift
loadings, Saturday penalties and/or Sunday penalties as prescribed by this
award had the employee not been on leave during the relevant period, and such
loadings would have entitled the employee to a greater amount than the loading
of 17.5 per cent, then the shift loadings shall be added to the rate prescribed
by the said clause 5, in lieu of the 17.5 per cent loading.
And further, that if the shift loadings 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 wages prescribed by
the said clause 5, in lieu of the shift loading.
24. Long Service
Leave
See Long Service Leave Act 1955.
25. Payment of Wages
(i) Wages shall be
paid weekly on a day other than a Saturday, Sunday or holiday during working
hours, such day not to be later than a Thursday; however, should such pay day
fall on a Thursday which is a public holiday then such pay day shall be not
later than one day prior to the Thursday. If wages are paid during the usual
meal time, such time so occupied shall be added to the actual meal time.
(ii) The pay period
shall close not more than two working days before the recognised pay day. Any
employee required to wait after the usual ceasing time to receive wages shall
be paid at ordinary rates for all time kept waiting to be paid.
(iii) Payment by the
employer may be made by cash or cheque or by the employer transferring the
amount due into an individual employee's account at the bank, or other
recognised financial institution, of the employee's choice, in the following
cases:
(a) where the
majority of employees and the employer agree;
(b) by individual
agreement between an employer and any particular employee;
(c) at the
employer's discretion, for any new employee entering into the Industry after 23
September 1992.
26. Termination of
Employment
(i) Full Time and
Part Time Employment -
(a) 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.
Provided that during the first month of full-time or part-time employment the
contract of employment shall be of a probationary nature.
(b) This shall not
affect the right of the employer to dismiss any employee without notice for
malingering, inefficiency, neglect of duty or misconduct and in such cases the
wages shall be paid up to the time of dismissal only.
(ii) Abandonment of
Employment - The absence of an employee from work for a continuous period
exceeding three working days without the consent of the employer and without
notification to the employer and without reasonable cause shall be prima facie
evidence that the employee has abandoned their employment. Provided that:
(a) If, within a
period of fourteen days from the last attendance at work or the date of the
last absence in respect of which notification has been given or consent has
been granted an employee has not established to the satisfaction of the
employer that the employee was absent for reasonable cause, the employee shall
be deemed to have abandoned employment.
(b) Termination of
employment by abandonment in accordance with this subclause shall operate as
from the date of the last attendance at work or the last day's absence in
respect of which consent was granted, or the date of the last absence in
respect of which notification was given to the employer, whichever is the
later.
(iii) Standing Down
of Employees
(a) Notwithstanding
anything expressed or implied in this award an employer has the right 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.
(b) Notwithstanding
any provision of this award, the standing down pursuant to this subclause of
any employee shall be treated as not having broken the continuity of employment
of that employee. The period or periods of stand-down shall not be considered a
period of absence from duty for the purposes of any provision of the award
providing for or in relation to annual leave or long service leave.
(c) Notwithstanding
any other provisions of this award:
(1) A full-time or
part-time employee who is required to attend for work on any day and who works
on that day shall be paid the ordinary pay for the time worked or for four
hours, whichever is the greater.
However, if the employee works for not less than 75% of the ordinary
hours for the day, the employee shall be paid ordinary pay for a full day.
(2) A casual
employee who is required to attend for work on any day and who attends and who,
pursuant to these stand-down provisions, is not required to work shall be paid
for that day the ordinary pay for one hour plus the casual allowance as set out
in subclauses (i) and (ii) of clause 6, Casual Labour.
(d) An employee who,
pursuant to these provisions, is not required to work for any period shall be
deemed to have worked for that period for all purposes related to leave of any
kind whether prescribed by any Act or this award or related to entitlement to
any holiday, prescribed by this award . However, an employee who by this clause
is deemed to have worked on a public holiday shall be paid at ordinary time for
such day or days.
(e) An employee to
whom the company proposes to apply these stand-down provisions may, with the
consent of the company, elect to take any period of an annual holiday in lieu
of being stood down; provided that this clause shall be read and construed
subject to the provisions of the Annual Holidays Act 1944, to the intent that
any provision of this clause inconsistent with any provision of that Act shall
be deemed to be of no force and effect.
(f) The company
shall daily make and preserve and keep a true and accurate record of the name
of each employee to whom the company applies these stand-down provisions and of
the days and times when the employee was, because of the said application of
these provisions, not required to work, and shall make such record available
for inspection by the secretary of the industrial union concerned at any time
that is reasonable in the circumstances.
27. First-Aid and
Safety
(i) Adequate
first-aid facilities shall be provided by the employer. (See Occupational
Health and Safety Regulation 2001.)
(ii) Where an
employee is required by the employer to act as a first-aid attendant the
employee shall be paid as set out in Item 4 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, per day or shift in addition to ordinary
rates.
(iii) Not less than
two employees shall be employed hand-stacking drums of 200 litre capacity more
than one metre high unless lifting gear is used.
(iv) Employees under
the age of 18 years shall not be employed in the manufacture of soap powder or
soap containing silica.
(v) The proportion
of junior employees to adults in the manufacture of candles shall not exceed
one junior to two adults.
28. Amenities
The employer shall provide adequate dressing room, washing
and toilet accommodation in accordance with the requirements of the Factories,
Shops and Industries Act 1962, or any relevant successor legislation.
29. Protective
Clothing
(i) Gloves and
suitable footwear shall be provided for employees engaged in handling caustic
or acids. Suitable footwear shall be provided for employees engaged in removing
soda from troughs. Such gloves and footwear shall remain the property of the
employer.
(ii) When the need
arises, cold cream and sticking plaster shall be provided for the use of
employees for their hands.
(iii) Suitable
goggles, mask or respirator shall be provided by the employer for the
employees, where necessary, which appliances shall remain the property of the
employer.
(iv) Suitable
waterproof coats shall be provided, free of cost, by the employer for the use
of employees required to work in the open in wet weather. Such coats, when
provided, shall remain the property of the employer.
(v) Suitable
protective clothing in the form of overalls, boots or shoes shall be supplied
to an employee where the nature of the work requires such protective clothing
to be worn.
All protective clothing supplied under this clause
shall remain the property of the employer and if an employee leaves the
employment of such employer without returning such protective clothing, the
employer may deduct from any moneys owing at the time of termination an amount
representing the value of such protective clothing not returned.
30. Redundancy
(i) Application
(a) This clause
shall apply in respect of full-time and part-time persons under this award in
the classifications set out in Table 1 - Wages, of Part B, Monetary Rates.
(b) In respect to
employers who employ 15 or more employees immediately prior to the termination
of employment of employees, in the terms of paragraph (a) of subclause (iv) of
this clause.
(c) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be not more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity and
to take such steps as may be reasonable to facilitate the obtaining by the employees
of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or, in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(ii) Introduction
of Change
(a) Employer's Duty
to Notify
(1) Where an
employer has made a definite decision to introduce major changes in production,
programme, organisation, structure, mechanisation or technology that are likely
to have significant effect 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 this award makes provision for
alteration of any of the matter 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) of
this subclause, 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 discussions
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in the said paragraph (a).
(3) For the purposes
of such discussions, 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 the
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 subclause (ii) of
this clause and that decision may lead to the termination of employment, the
employer shall hold discussions with the employees directly affected and with
the union to which they belong.
(2) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provisions of subparagraph (1) of this
paragraph and shall cover, inter alia, any reason for the proposed
terminations, measures to avoid or minimise the terminations and measures to mitigate
any adverse effects of any termination on the employees concerned.
(3) For the purpose
of the discussion the employer shall, as soon as is practicable, provide to the
employees concerned and the union to which they belong all relevant information
about the proposed terminations, including the reasons for the proposed
terminations, the number and categories of employees likely to be affected and
the number of employees normally employed and the period over which the
terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(iv) Termination of
Employment
(a) Notice for
Changes in Production, Programme, Organisation or Structure
This paragraph 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 subparagraph (1) of
paragraph (a) of subclause (ii) of this clause.
(1) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
Period of
Continuous Service
|
Period of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
notice, with not less than two years' continuous service, shall be entitled to
an additional week’s notice.
(3) Payment in lieu
of 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 of
Technological Change
This paragraph sets out the notice provision to be
applied to terminations by the employer for reasons arising from technology in
accordance with subparagraph (1) of paragraph (a) of subclause (ii) of this
clause.
(1) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(2) Payment in lieu
of notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part-payment in lieu
thereof.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955, the
Annual Holidays Act 1944, or any Act amending or replacing either of these
Acts.
(c) Time Off during
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 purpose 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 Notice Period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
(e) Statement of
Employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
(f) Notice to
Centrelink or the Appropriate Government Agency
Where a decision has been made to terminate employees,
the employer shall notify Centrelink thereof as soon as possible, giving
relevant information, including the number and categories of employees likely
to be affected and the period over which the terminations are intended to be
carried out.
(g) Centrelink
Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink or the
appropriate government agency.
(h) Transfer to
Lower Paid Duties
Where an employee is transferred to lower paid duties
for reasons set out in subparagraph (1) of paragraph (a) of subclause (ii) of
this clause, the employee shall be entitled to the same period of notice of
transfer as the employee would have been entitled to if the employee’s
employment had been terminated and the employer may, at the employer’s option,
make payment in lieu thereof of an amount equal to the difference between the
former ordinary-time rate of pay and the new ordinary-time rate for the number
of weeks' notice still owing.
(v) Severance Pay
(a) Where the
employment of an employee is to be terminated pursuant to subclause (iv) of
this clause, subject to further order of the Industrial Relations Commission of
New South Wales, the employer shall pay the following severance pay in respect
of a continuous period of service.
(1) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(2) Where an
employee is 45 years of age 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) "Week’s
pay" means the all-purpose rate of pay
for the employee concerned at the date of termination and shall include
in addition to the ordinary rate of pay, over-award payments, shift penalties
and allowances paid in accordance with this award.
(b) Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
paragraph (a) of this subclause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in the said
paragraph (a) will have on the employer.
(c) Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
the said paragraph (a) if the employer obtains acceptable alternative
employment for an employee.
(vi) Savings Clause
(a) Nothing in this clause
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 agreement, taken as a whole, between the union and any
employer bound by this award.
31. Anti
Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. 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.
(iii) Under the Anti-Discrimination
Act 1977 (NSW) it is unlawful to victimise an employee because the employee
has made or may make or has been involved in a complaint of unlawful
discrimination or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation.
(b) Offering or
providing junior rates of pay to persons under 21 years of age.
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977 (NSW)
(d) A party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
Note:
1. Employers and
Employees may also be subject to commonwealth anti-discrimination legislation.
2. Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act effects...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."
32. Disputes
Procedure
The procedure for the resolution of industrial disputation
will be in accordance with the Industrial Relations Act 1996. These procedural steps are:
(i) Procedure
relating to a grievance of an individual employee:
(a) The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(b) A grievance must
initially be dealt with as close to the source as possible, with graduated
steps for further discussions and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) If the matter
remains unresolved, it should be referred to the appropriate tribunal under the
Industrial Relations Act (NSW) 1996
(f) While a
procedure is being followed, normal work must continue.
(g) The employee may
be represented by an industrial organisation of employees.
(ii) Procedure for
a dispute between an employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
levels must be allowed for discussion at each level of authority.
(c) If the matter
remains unresolved, it should be referred to the appropriate tribunal under the
Industrial Relations Act (NSW) 1996.
(d) While a
procedure is being followed, normal work must continue.
(e) The employer may
be represented by an industrial organisation of employers and the employees may
be represented for the purposes of each procedure.
33. Training Wage
See the AWU Training Wage (State) Award 2002 published 5
April 2002 (332 I.G. 522), as varied, or any successor industrial instrument.
34. Superannuation
(i) The subject of
superannuation contributions is dealt with extensively by legislation,
including the Industrial Relations Act 1996, the Superannuation
Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge
Act 1992, the Superannuation Industry (Supervision) Act 1993 and the
Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to
time, governs the superannuation rights and obligations of the parties.
(ii) The employer
shall be a participating employer in any of the following funds:
Australian Public Superannuation (APS);
Australian Superannuation Savings Employment Trust
(ASSET); or
any other Registered Fund agreed to by the employer and
the employee
and shall participate in accordance with the Trust Deed
of that fund.
(iii) The employer
shall contribute to the Fund in accordance with the legislation provided that
employer contributions do not fall below 3% of ordinary time earnings:
Notation: Employer contributions under relevant
legislation are set at 9% from 1 July 2002.
(iv) The employer
shall provide each employee upon commencement of employment with membership
forms of the fund and shall forward the completed membership form to the fund
within 14 days.
(v) An employee may
make contributions to the fund in addition to those made by the employer.
(vi) An employee who
wishes to make additional contributions must authorise the employer in writing
to pay into the fund from the employee’s wages a specified amount in accordance
with the Trust Deed and the rules of the fund.
(vii) An employee may
vary his or her additional contributions by a written authorisation and the
employer must alter the additional contributions within 14 days of the receipt
of the authorisation.
(viii) All
contributions shall be made at the completion of each calendar month.
(ix) Ordinary time
earnings shall be defined as including:
(a) Award
classification rate.
(b) Over-award
payment.
(c) Shift loading -
including weekend and public holiday penalty rates earned by shift employees on
normal rostered shifts forming the ordinary hours of duty not when worked as
overtime.
(d) Casual loading
in respect to casual employees including 1/12th Annual Holiday Loading.
35. Deduction 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's rules) that the Union advises the employer to
deduct. Where the employee passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the employer without first obtaining the employee's consent
to do so. Such consent may form part of
the written authorisation.
(iii) Monies so
deducted from employees' pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer's election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts, provided that:
(a) where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the
employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where an
employee has already authorised the deduction of Union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
(v) The Union shall
advise the employer of any change to the amount of membership fees made under
its rules, provided that this does not occur more than once in any calendar
year. Such advice shall be in the form
of a schedule of fees to be deducted specifying either weekly, fortnightly,
monthly or quarterly, as the case may be.
The Union shall give the employer a minimum of two months' notice of any
such change.
(vi) An employee may
at any time revoke in writing an authorisation to the employer to make payroll
deductions of Union membership fees.
(vii) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the employee in writing of the need to revoke the authorisation to the employer
in order for payroll deductions of Union membership fees to cease.
(viii) The above
variations shall take effect:
(a) In the case of
employers who currently deduct Union membership fees, or whose payroll
facilities are carried out by way of an outsourcing arrangement, or whose
payroll calculations are made through the use of computerised means, from the
beginning of the first full pay period to commence on or after 17 March 2003;
(b) In the case of
employers who do not fall within paragraph (a) above, but who currently make
deductions, other than Union membership fee deductions or mandatory deductions
(such as for taxation instalments or superannuation contributions), from
employees' pay, or have in place facilities to make such deductions, from the
beginning of the first full pay period to commence on or after 17 June 2003.
(c) For all other
employers, from the beginning of the first full pay period to commence on or
after 17 September 2003.
36. Area, Incidence
and Duration
This award shall apply to Soap and Candle Makers and
Detergent Makers and their assistants in the State, excluding the County of
Yancowinna, within the jurisdiction of the Soap and Candle Makers (State)
Industrial Committee.
This award is made following a
review under section 19 of the Industrial Relations Act 1996 and
rescinds and replaces the Soap and Candle Makers (State) Consolidated Award
published 6 July 2001 (325 I.G. 1033) as varied.
The changes made to the award pursuant to the Award Review
pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 16 April 2008.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Wages
Classification
|
SWC 2006
|
SWC 2007
|
SWC 2007
|
|
Amount
|
Adjustment
|
Amount
|
|
$
|
$
|
$
|
Group I -
|
536.50
|
20.00
|
556.50
|
Employee in charge of soap
|
|
|
|
Making Chemithon Plant Operator
|
|
|
|
Group II -
|
525.40
|
20.00
|
545.40
|
Soap Boiler, including the finishing of Soap Pan
|
|
|
|
Tower Operator
|
|
|
|
Granulation Plant Operator
|
|
|
|
Fork Lift Operator
|
|
|
|
Group III -
|
517.20
|
20.00
|
537.20
|
Employees working at Pans
|
|
|
|
Kettle
|
|
|
|
Operator Amalgamator and Mill
|
|
|
|
Operator Glycerine Room
|
|
|
|
Operator Wrapping Machine
|
|
|
|
Operator Automatic Stamping Machine
|
|
|
|
Operator Liquid Detergents
|
|
|
|
Operator Mixing (Non-soap Detergents
|
|
|
|
Operator Screens and Dosing
|
|
|
|
Operator Soap Dryer
|
|
|
|
Operator Tallow Beaching
|
|
|
|
Machine Adjuster, all locations
|
|
|
|
Chemithon Assistant Operator
|
|
|
|
Weight Controller
|
|
|
|
Group IV -
|
511.50
|
20.00
|
531.50
|
Malleys Dust Collector
|
|
|
|
Jet Room Operator
|
|
|
|
Employees engaged in mechanical and/or hand crushing
|
|
|
|
Employee melting out oils and fats
|
|
|
|
Employee pumping oil to soap pans and kettles
|
|
|
|
Treatment - hand, glycerine
|
|
|
|
Assistant mixer operator, non-soapy detergent
|
|
|
|
Powder Reclaiming Operator
|
|
|
|
Group V -
|
505.70
|
20.00
|
525.70
|
Employees engaged in open air stacking, handling and
|
|
|
|
receiving raw materials
|
|
|
|
Employee filing, trucking, weighing, etc.
|
|
|
|
Employee on automatic sealing machine
|
|
|
|
Soda Boiler
|
|
|
|
Employee not elsewhere classified
|
|
|
|
Stearine and Candles -
|
|
|
|
Candle Maker
|
512.30
|
20.00
|
532.30
|
Stillman
|
510.10
|
20.00
|
530.10
|
Candle Moulder
|
506.70
|
20.00
|
526.70
|
Stearine Press Operator
|
504.40
|
20.00
|
524.40
|
Employees concentrating candle crude glycerine
|
504.40
|
20.00
|
524.40
|
Operator in charge of flat splitting plant
|
510.10
|
20.00
|
530.10
|
General Hand not elsewhere classified
|
504.40
|
20.00
|
524.40
|
Candle Manufacturer
|
504.40
|
20.00
|
524.40
|
All others
|
505.70
|
20.00
|
525.70
|
Table 2- Other
Rates and Allowances
Item
|
Clause
|
Brief Description
|
SWC 2006
|
SWC 2007
|
No.
|
No.
|
|
Amount
|
Amount
|
|
|
|
$
|
$
|
1
|
5(iv)
|
Leading Hand Allowance -
|
|
|
|
|
In charge of 3 to 6 employees
|
21.65
|
22.50
|
|
|
In charge of 7 to 10 employees
|
27.30
|
28.40
|
|
|
In charge of 11 to 15 employees
|
32.30
|
33.60
|
|
|
In charge of more than 15 employees
|
40.00
|
41.60
|
2
|
5(v)
|
Employees engaged in cleaning pits, tanks, vats and/or
|
|
|
|
|
stumps and/or evaporator tubes
|
0.84
|
0.87
|
3
|
5(vi)
|
Employees required to empty bags of soda ash by hand
|
0.83
|
0.86
|
4
|
5(vii)
|
First-aid Attendant
|
2.80
|
2.90
|
|
27(ii)
|
|
|
|
5
|
|
Meal Allowance
|
9.35
|
9.70
|
|
15(i) and
|
Overtime in excess of four hours
|
|
|
|
15(iii)
|
Notified of overtime
|
|
|
"Note": These allowances are contemporary for
expense related allowances as at 30 March 2007 and for work related allowances
are inclusive of adjustment in accordance with the June 2007 State Wage Case
Decision of the Industrial Relations Commission of New South Wales.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.