Tennis
Strings and Sutures Industry (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1561 of 2007)
Before Commissioner
Bishop
|
10 March 2008
|
REVIEWED
AWARD
Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Hours
4. Contract
of Employment
5. Twelve-Hour
Engagements
6. Wages
7. Supported
Wage
8. Arbitrated
Safety Net Adjustment
9. Flexibility
10. Enterprise
Arrangements
11. Enterprise
Consultative Mechanism
12. Part-time
and Casual Employees
12A. Secure
Employment
13. Shift Work
14. Meal Hours
15. Meal
Allowance
16. Dirty,
Dusty Work
17. First Aid
Allowance
18. Overtime
19. Sundays
20. Holidays
21. Annual
Leave
22. Annual
Leave Loading
23. Sick Leave
24. State
Personal/Carer’s Leave
25. Bereavement
Leave
26. Mixed
Functions
27. Disputes
Procedure
28. Anti-Discrimination
29. Proportion
30. General
Conditions
31. Time and
Payment of Wages
32. Termination
of Employment
33. Long
Service Leave
34. Redundancy
34A. Union
Membership Fee Deduction
35. Right of
Entry
36. Trade
Union Training
37. Union
Delegate
38. Parental
Leave
39. Blood
Donor Leave
40. Jury
Service
41. Occupational
Superannuation
42. Leave
Reserved
43. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
2. Definitions
(a) "Research
Chemist" means and includes an employee classified as such by the employer
and who is mainly and principally engaged in the investigation and correction
of processes in chemical manufacture and the measurement and adjustment of
chemical variables.
(b) "Analytical
or Process Chemist" means and includes an employee classified as such by
the employer and who is mainly and principally engaged in routine analysis
and/or routine process control and the securing of necessary adjustment under
supervision.
(c) "Union"
means the Shop, Distributive and Allied Employees' Association, New South Wales
and/or the Shop Assistants and Warehouse Employees' Federation of Australia,
Newcastle and Northern New South Wales.
3. Hours
(a) The ordinary
hours of working, excluding shift workers hereinafter provided for, exclusive
of meal hours, shall not exceed 38 per week, to be worked between the hours of
7.00 a.m. and 5.00 p.m., Monday to Friday, inclusive.
(b) Within the
limits prescribed in subclause (a) of this clause each employer shall fix the
starting and finishing times for his various employees. Such times shall not be
altered except upon seven days’ notice. When such times are altered the
applicant may apply to the Industrial Commission in this matter with regard
hereto.
(c) The method of
implementation of the 38-hour week shall be by agreement between the employer
and the employee.
4. Contract of
Employment
(a) In respect of
full-time and part-time employment an employee or an employer may terminate the
contract of employment with one week’s notice or by the payment or forfeiture
of one week’s pay. Provided that during the first three months of full-time or
part-time employment the contract of employment shall be of a probationary
nature.
(b)
(i) 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.
(ii) 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.
(iii) Any direction
issued by an employer pursuant to subclauses (i) and (ii) shall be consistent
with the employer’s responsibilities to provide a safe and healthy working environment.
5. Twelve-Hour
Engagements
Following consultation and agreement in writing with
employees and the appropriate union(s), an employer may introduce daily
engagements of twelve ordinary hours.
6. Wages
(a) Adult
Employees - The minimum rates to be paid to adult employees shall be as set out
in (i) of Table 1 - Wages, of Part B, Monetary Rates.
(b) Junior
Employees - The minimum rates of pay for junior employees shall, subject to the
other provisions of this award and the parent award, be the percentages of the
weekly rate for the appropriate adult classification as set out in (ii) of the
said Table 1. Such minimum rate shall
be calculated to the nearest five cents, any broken part of five cents in the
result not exceeding 2.5 cents to be disregarded.
(c) Junior Trainee
Chemist - The minimum rate of pay for junior trainee chemists shall be the
percentages of the weekly rate for a trainee chemist, first year of adult
service, referred to in Item A of (i) of Table 1. Such minimum rate shall be calculated to the nearest five cents,
any broken part of five cents in the result not exceeding 2.5 cents to be
disregarded.
(d) Employees
appointed as charge hands shall be paid a sum per week, in addition to the
appropriate rate of pay for the classification as per Item 1 of Table 2 Other
Rates and Allowances, of Part B, Monetary Rates.
7. Supported Wage
(a) This clause
defines the conditions which will apply to employees who, because of the
effects of a disability, are eligible for a supported wage under the terms of
this award. In the context of this clause, the following definitions will
apply:
(i) "Supported
Wage System" means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a disability,
as documented in Supported Wage System: Guidelines and Assessment Process.
(ii) "Accredited
Assessor" means a person accredited by the management unit established by
the Commonwealth under the Supported Wage System to perform assessments of an
individual’s productive capacity within the Supported Wage System.
(iii) "Disability
Support Pension" means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security
Act 1991, or any successor to that scheme.
(iv) "Assessment
Document" means the form provided under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed
under the Supported Wage System.
(b) Eligibility
Criteria - Employees covered by this clause will be those who are unable to
perform the range of duties to the competence level required within the class
of work for which the employee is engaged under this award, because of the
effects of a disability on their productive capacity, and who meet the
impairment criteria for receipt of a Disability Support Pension. (This clause
does not apply to any existing employee who has a claim against the employer
which is subject to the provisions of workers’ compensation legislation or any
provision of this award relating to the rehabilitation of employees who are
injured in the course of their current employment.) This award does not apply to employers in respect of their
facility, program, undertaking, service or the like which receives funding
under the Disability Services Act 1986 and fulfils the dual role of
service provider and sheltered employer to people with disabilities who are in
receipt of, or are eligible for, a disability support pension, except with
respect to an organisation which has received recognition under section 10 or
section 12A of the said Act or, if a part only has received recognition, that
part.
(c) Supported Wage
Rates - Employees to whom this clause applies shall be paid the appropriate
percentage of the minimum rate of pay prescribed by this award for the class of
work which the person is performing, according to the following schedule:
Assessed Capacity
|
Percentage of
Prescribed
|
(subclause (d))
|
Award Rate
|
10*
|
10
|
20
|
20
|
30
|
30
|
40
|
40
|
50
|
50
|
60
|
60
|
70
|
70
|
80
|
80
|
90
|
90
|
(Provided that the minimum amount payable shall not be less
than $66.00 per week.)
*Where a person’s assessed capacity is 10 per cent, they
shall receive a high degree of assistance and support.
(d) Assessment of
Capacity - For the purpose of establishing the percentage of the award rate to
be paid to an employee under this award, the productive capacity of the
employee will be assessed in accordance with
the Supported Wage System and documented in an assessment instrument by
either:
(i) the employer
and a union party to the award, in consultation with the employee or, if
desired, by any of these;
(ii) the employer
and an accredited Assessor from a panel agreed by the parties to the award and
the employee.
(e) Lodgement of
Assessment Document -
(i) All
assessment documents under the conditions of this clause, including the
appropriate percentage of the award wage to be paid to the employee, shall be
lodged by the employer with the Registrar of the Industrial Relations
Commission of New South Wales.
(ii) All
assessment documents shall be agreed and signed by the parties to the
assessment, provided that where a union which is party to the award is not a
party to the assessment, it shall be referred by the Registrar to the union by
certified mail and will take effect, unless an objection is notified to the
Registrar within ten working days.
(f) Review of
Assessment - The assessment of the appropriate percentage should be subject to
annual review or earlier on the basis of a reasonable request for a
review. The process of review must be
in accordance with the procedures for assessing capacity under the Supported
Wage System.
(g) Other Terms
and Conditions of Employment - Where an assessment has been made, the
appropriate percentage will apply to the wage rate only. Employees covered by the provisions of this
clause will be entitled to the same terms and conditions of employment as all
other workers covered by this award paid on a pro rata basis.
(h) Workplace
Adjustment - An employer wishing to employ a person under the provisions of
this clause must take reasonable steps to make changes in the workplace to
enhance the employee’s capacity to do the job.
Changes may involve redesign of job duties, working time arrangements
and work organisation in consultation with other workers in the area.
(i) Trial Period
-
(i) In order for
an adequate assessment of the employee’s capacity to be made, an employer may
employ a person under the provisions of this clause for a trial period not
exceeding 12 weeks except that, in some cases, additional work adjustment time
(not exceeding four weeks) may be needed.
(ii) During the
trial period the assessment of capacity must be undertaken and the proposed
wage rate for a continuing employment relationship must be determined.
(iii) The minimum
amount payable to the employee during the trial period shall be no less than
$66.00 per week.
(iv) Work trials
should include induction or training as appropriate to the job being trialled.
Where the employer and employee wish to establish a
continuing employment relationship following the completion of the trial
period, a further contract of employment shall be entered into, based on the
outcome of assessment under subclause (d) of this clause.
8. Arbitrated Safety
Net Adjustment
(a) The rates of
pay in this award include the adjustments payable under the State Wage Case
2007. These adjustments may be offset
against:
(i) any
equivalent overaward payments, and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
9. Flexibility
(a) An employee
shall perform all tasks which are incidental or related to their normal work.
(b) An employer
may develop a classification regime for their enterprise in consultation with
the appropriate union covered by this award.
A classification regime shall be agreed. The agreement shall be recorded in writing and a copy sent to the
Industrial Registrar for registration under s11 of the Industrial Arbitration
Act. The parties agree such an
agreement shall have the force of the award and the union shall not
unreasonably withhold its agreement.
10. Enterprise
Arrangements
(a) The Industrial
Relations Commission may approve of enterprise arrangements reached in accordance
with this clause and the provisions of the Act. Provided that these arrangements are in accordance with the State
Wage Case principles, as varied from time to time.
(b) Industrial
unions of employees and industrial unions of employers, or industrial unions of
employees and employers, or employees and employers may negotiate enterprise
arrangements which, subject to the following provisions, shall prevail over the
provision of any award or order of the Industrial Relations Commission that
deals with the same matters in so far as they purport to apply to parties bound
the arrangements, provided that where the arrangement is between employees and
an employer a majority of employees affected by the arrangement genuinely
agree.
(c) An enterprise
arrangement shall be an agreed arrangement for an enterprise, or discrete
section of an enterprise, being a business, undertaking or project, involving
parties set out in paragraph (b).
(d) Enterprise
arrangements shall be for a fixed term and there shall be no further
adjustments of wages or other conditions of employment during this term other
than where contained in the arrangement itself. Subject to the terms of the arrangement, however, such
arrangement shall continue in force until varied or rescinded in accordance
with the Act.
(e) For the
purposes of seeking the approval of the Industrial Relations Commission, and in
accordance with the provisions of the Act, a party shall file with the
Industrial Registrar an application to the Commission to either:
(i) vary an award
in accordance with the Act; or
(ii) make a new
award in accordance with the Act.
(f) On a hearing
for the approval of an enterprise arrangement, the Industrial Relations
Commission will consider in addition to the industrial merits of the case under
the State Wage Case principles:
(i) ensuring the
arrangement does not involve a reduction in ordinary time earnings and does not
depart from Commission standards of hours of work, annual leave with pay or
long service leave with pay; and
(ii) whether the
proposed award or variation is consistent with the continuing implementation at
enterprise level of structural efficiency considerations.
(g) The operative
date for an enterprise arrangement shall be no earlier that the date of
approval by the Industrial Relations Commission, except that the Industrial
Relations Commission may approve an earlier operative date to achieve
consistency with the operative date of an enterprise arrangement which has
earlier been approved by the Australian Industrial Relations Commission.
(h) Where parties
to an enterprise arrangement include employees covered by a federal award, an
agreement covering those employees may be submitted to the federal tribunal for
approval.
(i) The
Industrial Relations Commission is available to assist the parties to
negotiations for an enterprise arrangement by means of conciliation and, in
accordance with this clause and the Act, by means of arbitration. If any party to such negotiations seeks
arbitration of a matter relating to an enterprise arrangement such arbitration
shall be as a last resort.
(j) Enterprise
arrangements entered into directly between employees and employers shall be
processed as follows, subject to the Industrial Relations Commission being
satisfied in a particular case that departure from these requirements is
justified:
(i) All employees
will be provided with the current prescriptions (eg award, industrial agreement
or enterprise agreement) that apply at the place of work.
(ii) The
arrangement shall be committed to writing and signed by the employer, or the
employer's duly authorised representative, with whom agreement was reached.
(iii) Before any
arrangement is signed and processed in accordance with this principle, details
of such arrangement shall be forwarded in writing to the union or unions with
members in that enterprise affected by the changes and the employer
association, if any, of which the employer is a member.
(iv) A union or
employer association may, within 14 days thereof, notify the employer in
writing of any objection to the proposed arrangements, including the reasons
for such objection and in such circumstances the parties are to confer in an
effort to resolve the issue.
(v) Where an
arrangement is objected to by a union or employer association and the objection
is not resolved, an employer may make application to the Industrial Relations
Commission to vary an award or create a new award to give effect to the
arrangement.
(vi) A union and/or
employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(vii) If no party
objects to the arrangement, then a consent application shall be made to the
Industrial Relations Commission to have the matter approved in accordance with
paragraph (e) of this principle.
(viii) Such
arrangement once approved shall be displayed on a notice board at each
enterprise affected.
11. Enterprise
Consultative Mechanism
At each enterprise there shall be established a consultative
mechanism and procedures appropriate to their size, structure and needs for
consultation and negotiation on matters affecting their efficiency and
productivity.
12. Part-Time and
Casual Employees
(a) Part-time
Employees -
(i) Part-time
employees may be employed when an employer is unable to employ a suitable
employee to work full-time.
(ii) The ordinary
hours of work exclusive of meal times, shall be the same as those prescribed
for weekly employees but shall not in any case be less than twenty hours per
week.
(iii) Part-time
employees shall be paid at an hourly rate of pay which shall be at the rate of
one thirty-eighth of the weekly wage of the appropriate classification in
accordance with clause 6, Wages.
(iv) All other
provisions of this award with respect to sick leave, holidays, and conditions
shall apply to part-time employees.
(v) Notwithstanding
the provisions of paragraphs (i) to (iv) of this subclause the union and an
employer may agree, in writing, to observe other conditions in order to meet
special cases.
(b) Casual
Employees -
(i) Casual
employees shall be paid an hourly rate equal to the appropriate weekly rate
divided by 38 plus 17.5 per cent to the nearest half cent with a minimum
payment on any one day of four hours.
(ii) Casual
employees shall not be employed as shift workers.
(iii) Notwithstanding
the provisions of paragraphs (i) and (ii) of this subclause the union and an
employer may agree in writing to observe other conditions in order to meet
special cases.
12A. 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.
13. Shift Work
(a) Hours - The
ordinary hours of shift workers shall not exceed:
(i) 7.6 hours in
any consecutive 24 hours; or
(ii) 38 hours in
any one week; or
(iii) 76 hours in
14 consecutive days; or
(iv) 114 hours in
21 consecutive days; or
(v) 152 hours in
28 consecutive days.
Shift workers shall be allowed 20 minutes on each shift
for crib which shall be counted as time worked.
(b) Overtime -
Subject to the provisions of subclause (c), Payment for Saturdays and subclause
(d), Payment for Sundays and Holidays, of this clause, shift workers shall for
all time worked -
(i) in excess
or outside the ordinary shift work
hours prescribed by this award; or
(ii) on more than
eleven shifts in twelve consecutive days; or
(iii) on a rostered
shift off; be paid at the rate of time and one-half for the first two hours and
double time thereafter.
(c) Payment for
Saturdays - Shift workers shall be paid at the rate of time and one-half for
ordinary rostered shifts worked on Saturday.
This rate shall be in substitution for, and not cumulative upon, the
shift allowance prescribed in subclause (e), Shift Allowance, of this clause.
(d) Payment for
Sundays and Holidays - Shift workers shall be paid at the rate of time and
three-quarters for ordinary rostered shifts worked on Sundays and at the rate
of double time for work other than on an ordinary rostered shift carried out on
Sundays. Shift workers shall be paid at
the rate of double time and a half for all work carried out (whether on an
ordinary rostered shift or otherwise) on any of the holidays prescribed in
clause 20, Holidays, of this award. The
rates prescribed in this subclause shall be in substitution for, and not
cumulative upon, the shift allowances prescribed in subclause (e), Shift
Allowance, of this clause.
(e) Shift
Allowance -
(i) Refer to Part
B Monetary Rates - Table 2 Other Rates and Allowances.
(ii) Shifts as set
out hereunder may be worked in the industry -
Day shift shall mean a shift worked between the hours
of 7.00 a.m. and 6.00 p.m.
Morning shift shall mean a shift commencing before
7.00a.m.
Afternoon shift shall mean a shift finishing after 6.00
p.m. but not later than midnight.
Night shift shall mean a shift finishing after midnight
but not later than 7.00 a.m.
(iii) Clauses 3,
Hours; 14, Meal Hours; 18, Overtime; 19, Sundays; and 20, Holidays, of this
award shall not apply to shift workers.
(iv) Notwithstanding
the provisions of this subclause, Parke Davis and Co., of 32-40 Cawarra Road,
Caringbah, is exempted from the said provisions to the extent necessary to
allow night shift to finish not later than 8.00 a.m.
14. Meal Hours
(a) There shall be
a meal break for lunch each day, Monday to Friday inclusive, of not less than
thirty minutes nor more than one hour as may be determined by each employer for
his employees.
(b) Where overtime
exceeding one hour is to be worked a meal break for tea of not less than thirty
minutes nor more than one hour shall be allowed between 5.00 p.m. and 7.00 p.m.
provided that a majority of employees may arrange with their employer for all
employees to continue to work for not more than two hours beyond their usual
finishing time without such a meal break.
(c) An employee
called upon to work during his meal break for lunch shall be paid at the rate
of time and a half for all time worked during such break and shall be allowed,
in the employer’s time a crib time of not less than twenty minutes to partake
of a meal. The said rate of time and a half shall continue until the
commencement of the paid crib break or until the employee ceases work for the
day, whichever is the earlier.
15. Meal Allowance
An employee who is required to work overtime for any period
in excess of one and one half hours after the fixed finishing shall be paid the
amount set out in Item 3 of Table 2 - Other Rates and Allowances Part B
Monetary Rates, for a meal, which shall be paid to the employee prior to the
meal break.
16. Dirty, Dusty Work
Where an employee is required to perform work of an
unusually dirty, dusty and /or offensive nature or to work in temperatures of
abnormal heat or cold, the employer shall provide for the use of such
employees, showers or baths with hot and cold water. Such employees shall be
paid the amount per hour as set out in Item 4 of Table 2 Other Rates and
Allowances Part B, of Monetary Rates, and shall be allowed ten minutes off
prior to ceasing time for cleansing purposes.
17. First Aid
Allowance
An employee who is appointed as first aid attendant shall be
paid an additional payment as set out in Item 5 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
18. Overtime
(a) An employee
shall be paid at the rate of time and a half for the first two hours and double
time thereafter for -
(i) all time
worked before the usual commencing time on any day;
(ii) all time
worked after the usual finishing time on any day;
(iii) all time
worked in excess of the daily
limitation of hours prescribed by clause 4, Hours, of this award;
(iv) an employee
required to work overtime on a Saturday shall be paid a minimum payment of four
hours.
(v) In computing
overtime any portion of an hour less than thirty minutes shall be reckoned as
half an hour and any portion of an hour in excess of thirty minutes shall be
reckoned as one hour.
(b) Where an
employee, after having worked overtime, finishes work at a time when reasonable
means of transport are not available the employer shall provide the employee
with a conveyance or pay the cost of such conveyance, to reach a point where
reasonable means of transport are available, or, if no such transport is
available, to his home.
(c) An employee
recalled to work overtime after leaving the employer’s premises (whether
notified before or after leaving the premises) shall be paid for a minimum of
four hours’ work at the appropriate rate for each time the employee is
recalled, provided that, except in the case of unforeseen circumstances
arising, the employee shall not be required to work the full four hours if the
job the employee was recalled to perform is completed within a shorter period.
(d) Subject to
clause 18(d)(i) an employer may require
an employee to work reasonable overtime at overtime rates.
(i) 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.
(ii) For the
purposes of clause 18(d)(a) what is unreasonable or otherwise will be
determined having regard to:
(a) any risk to
employee health and safety;
(b) the employee’s
personal circumstances including any family and carer responsibilities;
(c) the needs of
the workplace or enterprise;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) any other
relevant matter.
19. Sundays
Work done on any Sunday shall be paid for at the rate of
double time with a minimum payment of four hours.
20. Holidays
(a) The following
days or day upon which they are observed shall be holidays: New Year’s Day,
Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Eight
Hour Day, Christmas Day, Boxing Day and all other days proclaimed as public
holidays for the State.
(b) In addition to
the holidays specified in subclause (a) of this clause one additional holiday
shall apply in each calendar year to an employee on weekly hire. Such holiday shall be on the day prescribed
in subclause 7.5.1(b)(ii) of clause 7.5, of Public Holidays of the Metal,
Engineering and Associated Industries Award 1998 (Federal), as an additional
holiday in New South Wales, provided that, in 1976 only, the additional holiday
shall be observed on Monday, 6 September, provided further that where any other
working day is observed as an additional day by the general body of employees
in any establishment then such day shall be substituted for the additional
holiday hereinbefore prescribed. By
agreement between any employer and the majority of his employees another day
may be substituted for the additional holiday prescribed by this subclause in
such employer’s undertaking.
(c) All award
holidays falling on a usual working day shall be counted as time worked and
paid for as such.
(d) An employee
who without reasonable cause absents himself without leave on the working day
immediately preceding or the working day immediately following an award holiday
shall not be entitled to payment for such holiday.
(e) Work done on
an award holiday or Easter Saturday shall be paid for at the rate of double
time and one-half with a minimum payment of four hours.
21. Annual Leave
(a) Day workers
and six-day shift workers: See Annual Holidays Act, 1944.
(b) Seven-day
Shift Workers -
(i) In addition
to the leave prescribed by the Annual Holidays Act, 1944, a further
period of seven consecutive days’ leave with forty hours’ pay at ordinary rates
shall be allowed annually to employees after not less than twelve months’
continuous service as seven-day shift workers under this award less the period
of annual leave.
(ii) An employee
with twelve months’ continuous service who is employed for part of the
twelve-monthly period as a seven-day shift worker under this award shall be
entitled to have the leave prescribed by the Annual Holidays Act, 1944,
increased proportionately for each month he is continuously employed as
aforesaid.
(iii) Where the
additional leave calculated under this subclause includes a fraction of a day
such fraction shall not form part of the leave period and any fraction shall be
discharged by payment only.
(iv) Annual leave
under this subclause shall be given and taken within a period not exceeding six
months from the date upon which the right to such leave accrued provided that
the giving and taking of such annual leave may be postponed for a further
period not exceeding three months in cases where circumstances render it
impracticable to give or take it within the said period of six months; nothing
in this paragraph shall prevent the employer from allowing annual leave to an
employee before the right thereto has accrued, but where leave is taken in such
case a further period of annual leave shall not commence to accrue until after
the expiration of the twelve months in respect of which such annual leave had
been taken before it accrued.
(v) After twelve
months’ continuous service any employee whose employment is terminated by the
employer, through no fault of the employee, and/or any employee who leaves the
employment in circumstances which did not amount to misconduct after six
months’ continuous service in the then current qualifying twelve-monthly period
shall be paid for the proportionate period of annual leave to which the
employee would have been entitled if the employee's employment had not been so
terminated.
(vi) The annual
leave provided for by this subclause shall be given and shall be taken and,
except as provided in paragraphs (iii) and (v) of this subclause, payment shall
not be made or accepted in lieu of annual leave.
(vii) Service with
an employer before the date of coming into force of this award shall count as
service for the purpose of the current qualifying twelve-monthly period under
this clause.
22. Annual Leave
Loading
(a) In this clause
the Annual Holidays Act, 1944, is referred to as "the Act".
(b) Before an
employee is given and takes an annual holiday, or where by agreement between
the employer and employee the annual holiday is given and taken in more than
one separate period then before each of such separate periods, the employer
shall pay the employee a loading determined in accordance with this clause. (Note: The obligation to pay in advance does
not apply where an employee takes an annual holiday wholly or partly in advance
- see subclause (f) of this clause.)
(c) The loading is
payable in addition to the pay for the period of holidays given and taken and
due to the employee under the Act and this award.
(d) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled under the Act and this award (but
excluding days added to compensate for public or special holidays worked or
public or special holidays falling on an employee’s rostered day off not
worked), or where such a holiday is given and taken in separate periods, then in relation to each such separate
period.
(e) The loading is
the amount payable for the period or the separate periods, as the case may be,
stated in subclause (d), of this clause, at the rate per week of 17.5 per cent
of the appropriate ordinary weekly time-rate of pay prescribed by this award
for the classification in which the employee was employed immediately before
commencing the employee's annual holiday, together with, where applicable, the
additional loadings prescribed by clause 6, Wages, of this award and any
regular weekly overaward payment, but shall not include any other allowances,
penalty rates, shift allowances, overtime rates or any other payments
prescribed by this award.
(f) No loading is
payable to an employee who takes an annual holiday wholly or party in advance;
provided that, if the employment of such an employee continues until the day
when the employee would have become entitled under the Act to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause (e) of this clause
applying the award rates of wages payable on that day.
(g) Where, in
accordance with the Act, the employer’s establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned:
(i) an employee
who is entitled under the Act to an
annual holiday and who is given
and takes such a holiday shall be paid the loading calculated in
accordance with subclause (e) of this clause;
(ii) an employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable to the
employee under the Act such proportion of the loading that would have been
payable to the employee under this clause if the employee had become entitled
to an annual holiday prior to the closedown as the qualifying period of
employment in completed weeks bears to 52.
(h)
(i) When the
employment of an employee is terminated by the employer, for a cause other than
misconduct and at the time of the
termination the employee has not taken the whole of an annual holiday to which
the employee became entitled, the employee shall be paid a loading calculated
in accordance with subclause (e) of this clause for the period not taken.
(ii) Except as
provided by paragraph (i) of this subclause no loading is payable on the
termination of an employee’s employment.
(i) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if the employee had not been on holiday, provided
that, if the amount to which the employee would have been entitled by way of
shift work allowances and weekend penalty rates for the ordinary time (not
including time on a public or special holiday) which the employee would have
worked during the period of the holiday exceeds the loading calculated in
accordance with this clause, then that amount shall be paid to the employee in
lieu of the loading.
23. Sick Leave
An employee who is unable to attend for duty during the
employee's ordinary working hours by reason of personal illness or personal
incapacity (including incapacity resulting from injury within the Workers’
Compensation Act, 1987), not due to the employee's own serious and wilful
misconduct, shall be entitled to be paid at ordinary time rate of pay for the
time of such non-attendance subject to the following:
(a) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to compensation under the Workers’
Compensation Act 1987.
(b) The employee
should within four hours where practicable, and in any case shall within
twenty-four hours, of the commencement of such absence, inform the employer of
the inability to attend for duty and, as far as practicable, state the nature
of the injury or illness and the estimated duration of the absence.
(c) 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 illness or injury, to attend for duty on the day or days for which
sick leave is claimed.
(d) Subject to the
other provisions of this clause, an employee shall be credited with 76 hours
paid sick leave in respect of each year of service which commences on or after
1 March, 1979. Sick leave granted with
pay shall be deducted from such credit.
(e) Sick leave
entitlements not claimed in any one year shall accumulate from year to year so
long as the employment continues with the employer.
(f) Service
before the coming into force of this award shall be counted as service for the
purpose of qualifying thereunder.
(g) The payment
for any absence on sick leave in accordance with this clause during the first
three months of employment of an employee may be withheld by the employer until
the employee completes such three months of employment at which time the
payments shall be made. Provided
further, an employee shall forfeit any payment for sick leave if the employee
terminates the contract of employment within the first three months of
employment. Alternatively, if an
employer terminates the contract of employment within the first three months,
the employer shall pay the employee for any sick leave taken by the employee,
to a maximum of seventy-six (76) hours.
(h) Notwithstanding
the provisions of this subclause an employer in consultation and agreement with
employees and the appropriate union(s) in writing, observe other provisions in
respect of sick leave. Provided that the
quantum of sick leave stipulated in subclause (d) hereof, shall not be reduced
by such agreement(s).
24. State
Personal/Carer’s Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for at clause 23, Sick
Leave, of the award, for absences to provide care and support for such persons
when they are ill, or who require care due to an unexpected emergency. Such
leave may be taken for part of a single day.
(b) The employee
shall, if required,
(i) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(ii) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or 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 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
(b) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(c) 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.
(2) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a class of person set out in
subparagraph (ii) of paragraph (c) of subclause (1) above who is ill or who
requires care due to an unexpected emergency.
(3) Annual Leave
(a) An employee
may elect, with the consent of the employer to take annual leave not exceeding
ten days in single-day periods, or part thereof, in any calendar year at a time
or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(d) An employee
may elect with the employers agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due.
(4) Time Off in
Lieu of Payment for Overtime
(a) 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) Personal/Carers
Entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in paragraphs (b) and (d) of subclause (1)
above casual employees are entitled to not be available to attend work, or to
leave work if they need to care for a person prescribed in subparagraph (ii) of
paragraph (c) of subclause (1) of this clause who are sick and require care and
support, or who require care due to an unexpected emergency, or the birth of a child.
(b) The employer
and 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 to engage a casual employee are otherwise not affected.
25. Bereavement Leave
(a) An employee
other than a casual employee shall be entitled to up to three days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in (c) below.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 24(1)(c)(ii), provided
that, fore 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 24(1), (2),
(3), (4), (5) and (6) [as appearing] of this clause. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable operation
requirement of the business.
(f) Bereavement
Leave entitlements for casual employees
(i) Subject to
the evidentiary and notice requirements in paragraphs (b) and (d) of subclause
(1) of clause 24 State Personal/Carer’s Leave casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subparagraph (ii) of paragraph (c) of subclause (1)
of clause 24 State Personal/Carer’s Leave.
(ii) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(iii) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
26. Mixed Functions
An employee called upon to do work of a higher
classification than that in which he is working shall, if so employed for at
least one-half hour and less than two hours, be paid at the rate for such
higher classification for the time so employed. If so employed for two hours or
more he shall be paid the rate for the higher classification for the whole day.
27. Disputes
Procedure
The procedure for the resolution of grievances and
industrial disputation concerning matters arising or relating to the terms of
this award shall be in accordance with the following procedural steps:
(i) Procedure
relating to a grievance of an individual employee -
(a) The employee
shall notify the employer (in writing or otherwise) 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 its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees for the purpose
of each procedure.
(ii) Procedure for
a dispute between an employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
28.
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.
NOTE
(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.
29. Proportion
(a) The proportion
of juniors to adults shall be not more than two juniors to each three adults;
provided that one such junior may be employed in a factory in any case.
(b) For the
purpose of this clause an employee shall be deemed to be an adult if paid an
adult rate of wage.
30. General
Conditions
(a) Where an
employee is required by the employer to wear a uniform, cap, coat, overall, or
other uniform dress, it shall be provided, maintained and laundered at the
employer’s expense. Where an employee
is required by the employer to wear stockings during the course of work such
stockings shall be supplied and paid for by the employer.
(b) Where the
nature of the work performed by employees necessitates suitable industrial
clothing, including waterproof clothing and/or aprons, rubber boots or clogs,
work boots work shoes, gloves, goggles, etc., they shall be supplied and paid
for by the employer and shall remain the property of the employer.
(c) Not less than
five minutes before ceasing time shall be allowed to employees for washing
purposes.
(d) Employees
shall be allowed a rest pause of ten minutes in the first half and in the
second half of each day or shift at a time to be mutually arranged. The employer shall provide hot water during
such rest pauses for the purpose of making tea or coffee.
(e) Employees
shall not be required to scrub floors, or to clean lunch rooms, dressing rooms,
and/or lavatories or engage in any other cleaning work of a major nature.
(f) An employee
performing work of a dirty and dusty nature shall receive an allowance in
accordance with Part B Monetary Rates Table 2 - Other Rates and Allowances.
(g) Where an
employee is required to stand on concrete, brick or stone floors the employer
shall provide a suitable mat or floor coverings as agreed upon between the
employer and the union.
(h) Laboratory
assistants and trainee chemists, who, as part of their training attend
technical college classes in approved subjects, shall be allowed to attend such
classes on one-half day each week during ordinary working hours without loss of
pay.
(i) Separate well
ventilated rest rooms with suitable equipment shall be provided by the employer
for the use by female and male employees.
(j) A separate
dining room, sufficient to accommodate the staff, shall be provided by the
employer. Such dining room shall
contain sufficient table and seating accommodation. Hot water shall be
provided, without cost, for the employees and reasonable provision shall be
made for the care of employees’ luncheons.
(k) Compensation
to the extent of the damage sustained shall be made where, in the course of
work, clothing and/or optical glasses are damaged or destroyed by, or through
the use of corrosive, explosive, inflammable or poisonous substances.
(l)
(i) Where an
employee is required to work at a place other than his usual place of work he
shall be paid all fares reasonably incurred in excess of those he would
normally incur attending his usual place of work and returning home and shall
be paid for half of all travelling time in excess of that taken to reach his
usual place of work and returning home.
(ii) Travelling
time shall be paid for at ordinary rates of pay.
(iii) The foregoing
subclause shall apply only to an employee temporarily transferred from his
usual place of work. A temporary
transfer shall mean periods of employment at places other than the usual place
of work up to a maximum of three consecutive weeks.
(iv) An employee
transferred from working place to working place during ordinary working hours
shall be paid for the time spent in travelling as for time worked and shall
receive reimbursement of fares incurred in such transfer.
(v) Where the
transfer involves an employee being absent from his normal place of abode he
shall be reimbursed for reasonable expenses incurred for accommodation together
with first class rail fares to and from the place of transfer.
(m) An employer
shall permit a notice which has been duly authorised by the union secretary to
be posted on the notice board.
(n) No deductions
shall be made from any leave due or from ordinary weekly wages due for time off
required by employees to sit for examinations relevant to their employment.
31. Time and Payment
of Wages
(a) Wages shall be
paid at or before the finishing time on the usual pay day which shall be not
later than Thursday in each week:
Provided that, by mutual agreement between an employer and the Shop
Assistants and Warehouse Employees’ Federation of Australia, Newcastle and
Northern, New South Wales, or the Shop, Distributive and Allied Employees’
Association, New South Wales, wages may be paid on Fridays or wages may be paid
by electronic funds transfer.
(b) Where it has
been the practice for an employer to keep wages in hand such practice may be
continued; provided that the amount, in no case, shall exceed one day’s pay.
32. Termination of
Employment
(a) Except in the
case of misconduct the employment of any employee may be terminated by one
week’s notice on either side or by the payment or forfeiture (as the case may
be) of one week’s wages in lieu of such notice.
(b) In the event
of a stoppage of work through any cause outside the employer’s control, the
contract of employment may be continued, in which case the employer’s liability
for payment shall be suspended for the duration of the stoppage of work,
provided that two working days’ notice shall be given to employees prior to
such suspension.
(c) An employee
whose employment is terminated by the employer on the working day immediately
preceding a holiday or holidays, otherwise than for misconduct shall be paid
for such holiday or holidays.
(d) Any employee,
with more than three months’ service on leaving or being discharged, shall, if
the employee so requests, be given a note by his employer stating the length
and nature of the employment.
(e) Such note
shall be the property of the employee and shall be returned to the employee
unmarked by any subsequent employer within seven days from the commencement of
the employee's service.
33. Long Service
Leave
See Long Service Leave Act, 1955.
34. Redundancy
A. Application
(i) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified by Table 1 - Wages, of Part B, Monetary Rates, of
this award.
(ii) In respect to
employers who employ 15 employees or more immediately prior to the termination
of employment of employees, in the terms of subclause (d) Termination of
Employment.
(iii) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
B. Introduction
of Change
(i) Employer’s
duty to notify
(a) 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.
(b) "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 specified in subclause (i) of subclause (a), makes
provision for alteration of any of the matters referred to herein, an
alteration shall be deemed not to have significant effect.
(ii) Employer’s
duty to discuss change
(a) 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 subclause (i) of
this clause, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in subclause (i) of this
clause.
(c) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
C. Redundancy
(i) Discussions
before terminations
(a) Where an
employer has made a definite decision that the employer no longer wishes the job
the employee has been doing to be done by anyone pursuant to paragraph (a) of subclause (i) of subclause (B), Introduction of Change, and that decision
may lead to the termination of employment, the employer shall hold discussions
with the employees directly affected and with the union to which they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subclause (a) of this clause 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.
(c) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be affected,
and the number of workers normally employed and the period over which the
terminations are likely to be carried out. Provided that any employer shall not
be required to disclose confidential information the disclosure of which would
adversely affect the employer.
D. Termination of
Employment
(i) 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 paragraph (a) of subclause (i) of subclause (B), Introduction
of Change:
(a) 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
|
(b) 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.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(ii) Notice for
technological change - This subclause sets out the notice
provisions to be applied to terminations by the employer for reasons arising
from "technology" in accordance with paragraph (a) of subclause (i)
of the said subclause (b).
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months’ notice of termination.
(b) 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.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(iii) Time off
during the notice period
(a) 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.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
leaving during the notice period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
to which the employee would have been entitled had the employee remained with
the employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled
to payment in lieu of notice.
(v) Statement of
employment - The employer shall, upon
receipt of a request from an employee whose employment has been terminated,
provide to the employee a written statement specifying the period of the
employee’s employment and the classification of or the type of work performed
by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink thereof as soon as possible, giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(vii) 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.
(viii) Transfer to
lower-paid duties - Where an employee is transferred to lower-paid duties for
reasons set out in subclause (i) of the said clause 4, 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.
E. Severance Pay
(i) Where an
employee is to be terminated pursuant to subclause clause (D), Termination of
Employment, subject to further order of the Industrial Relations Commission of
New South Wales, the employer shall pay the following severance pay in respect
of a continuous period of service:
(a) 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
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of service
|
Under 45 years of
age 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
|
(c) "Week’s
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
award.
(ii) Incapacity to
pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in subclause
(i) of this clause. 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 subclause (i) will have on the employer.
(iii) Alternative
employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause
(i) if the employer obtains acceptable alternative employment for an employee.
34A. Union Membership
Fee Deduction
(i) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the employer to make such deductions in accordance with
subclause (ii) herein;
(b) The Union
shall advise the employer of the amount to be deducted for each pay period
applying at the employer’s workplace and any changes to that amount;
(c) deduction of
union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be
no requirement to make deductions for casual employees with less than two
months’ service (continuous or otherwise).
(ii) The
employer’s authorisation shall be in writing and shall authorise the deduction
of an amount of Union fees (including any variation in that fee effected in
accordance with the Union’s rules) that the Union advises the employer to
deduct. Where the employee passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the employer without first obtaining the employee’s consent
to do so. Such consent may form part of
the written authorisation.
(iii) Monies so
deducted from employees’ pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer’s election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees’ membership accounts, provided that:
(a) where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the
employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where an
employee has already authorised the deduction of Union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
(v) The Union
shall advise the employer of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in
the form of a schedule of fees to be deducted specifying either weekly,
fortnightly or monthly as the case may be.
The Union shall give the employer a minimum of two months’ notice of any
such change.
(vi) An employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership fees.
(vii) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the employee in writing of the need to revoke the authorisation to the employer
in order for payroll deductions of union membership fees to cease.
(viii) This clause
shall take effect:
(a) In the case of
employers which currently deduct union membership fees, or whose payroll
facilities are carried out by way of an outsourcing arrangement, or whose
payroll calculations are made through the use of computerised means, from the
beginning of the first pay period to commence on or after 21 March 2003;
(b) In the case of
employers who do not fall within sub-paragraph (i) above, but who currently
make deductions, other than union membership fee deductions or mandatory
deductions (such as for taxation instalments or superannuation contributions)
from employees’ pay, or have in place facilities to make such deductions, from
the beginning of the first pay period to commence on or after 21 June 2003;
(c) For all other
employers, from the beginning of the first pay period to commence on or after
21 September 2003.
35. Right of Entry
See Chapter 5, Part 7 of the Industrial Relations Act
1996.
36. Trade Union
Training
Authorised delegates of any of the unions party to this
award who are nominated by the Secretary of their union to attend a training
course or programme conducted under the auspices of the Authority established
under the Trade Union Training Authority Act, 1975 or sponsored by the
Australian Council of Trade Unions, the State Branch of the Australian Council
of Trade Unions or by a union party to this award shall be granted leave of
absence while attending such course or courses provided that:
(i) At least two
weeks prior to attendance at the course or courses the employer receives
written notice of the nomination from the union Secretary setting out the
times, dates content and venue of the course;
(ii) Nominations
shall not involve absences from work of more than two delegates from each union
per establishment (for a maximum of
three days for each nominee) in each calendar year and, for the purpose of this
subclause, a calendar year shall mean the period from 1 January to 31 December
inclusive;
(iii) Leave of
absence granted shall be counted as time worked for the purposes of annual
leave, sick leave and long service leave.
Delegates attending shall receive their normal rate of
pay whilst on such prescribed by this award shall not be payable. The rate of
pay for such leave shall be shared equally between the employer and the union
concerned
37. Union Delegate
An employee appointed union delegate in the shop or
department in which he is employed shall upon notification thereof to his
employer, be recognised as the accredited representative of the Shop Assistants
and Warehouse Employees’ Federation of Australia, Newcastle and Northern New
South Wales and/or the Shop, Distributive and Allied Employees’ Association,
New South Wales.
38. 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).
39. Blood Donor Leave
Where blood donation facilities are made available at an
employer’s establishment covered by this award, or at some other nearby place,
an employee, who donates blood at such facility during his ordinary working
hours shall be entitled to one hour’s paid leave on such occasion for that
purpose provided that, before making payment for such leave, the employer may
require satisfactory proof of the employee’s blood donation.
Production of the relevant Blood Bank card or certificate,
properly completed, shall constitute such satisfactory proof.
40. Jury Service
An employee shall be allowed leave of absence during any
period when required to attend for jury service.
During such leave of absence, an employee shall be paid the
difference between the jury service fees received and the employee’s award rate
of pay as if working.
An employee shall be required to produce to the employer
proof of jury service fees received and proof of requirement to attend and
attendance on jury service and shall give the employer notice of such
requirements as soon as practicable after receiving notification to attend for
jury service.
41. Occupational
Superannuation
(i)
(a) For all
employees of Cyanamid Australia Pty Ltd working under this award, the employer
shall pay three per cent of ordinary time earnings in the form of
superannuation.
(b) Each employee
may choose one of the following electives:
(1) Remain/become
a member of the improved Category A (non- contributory) section of the
company’s pension fund.
(2) Become a
member of the improved Category B (contributory) section of the company’s
pension fund.
(3) Remain/become
a member of the unimproved Category A
(non- contributory) section of the company’s pension fund and have the
three per cent of ordinary time earnings paid to their union’s fund.
(4) Become a
member of the unimproved Category B (contributory) section of the company’s
pension fund and have the three per cent of ordinary time earnings paid to
their union’s fund.
This category will only be available if a minimum of 25
existing employees elect this option.
(5) Remain a
non-member of the company’s pension fund and have the three per cent of
ordinary time earnings paid to their union’s fund.
(c) The operative
date of the payment to be 1 March 1987.
(d) The company
will provide payroll deduction facilities for an employee who elects to
contribute to their Union superannuation/pension fund.
(ii) All other
employees covered by this award shall be entitled to receive a payment for
superannuation of three per cent of ordinary time earnings which shall be paid
into a scheme agreed to between the employer and the unions. This subclause shall apply to all employees
of employers named in this subclause.
42. Leave Reserved
Leave is reserved to any union party to this award to apply
as it may be advised during the currency of the award in respect of -
Medical examinations; part-time employees; Reserve
Forces leave; charge hands and rate of pay.
43. Area, Incidence
and Duration
This Award is made following a review under section 19 of
the Industrial Relations Act 1996.
This Award rescinds and replaces the Tennis Strings and
Sutures Industry (State) Award published 3 August 2001 (326 I.G. 684) and all
variations thereof and the Tennis Strings and Sutures Industry Redundancy
(State) Award published 6 October 1995.
It shall apply to all employees engaged in or in connection with
manufacture of tennis strings (when manufactured from catgut), sutures and/or
catgut preparation within the State, excluding the County of Yancowinna, within
the jurisdiction of the Drug Employees (State) Industrial Committee.
This Award was reviewed on 10 March 2008 pursuant to the
Award Review pursuant to s.19(6) of the Industrial Relations Act 1996
and Principal 26 of the Principals for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) The changes take effect on and from 10 March
2008.
This award remains in force until varied or rescinded, the
period for which it was made already having expired.
PART B
MONETARY RATES
Table 1 - Wages
Item No
|
Brief Description
|
Total Rate
|
|
|
Per Week
|
|
|
$
|
A
|
Chemist -
|
|
Research Chemist
|
635.75
|
|
Analytical and/or Chemist
|
596.05
|
|
Trainee Chemist -
|
|
|
|
|
|
1st year of adult experience
|
549.60
|
|
2nd year of adult experience
|
571.55
|
|
3rd year of adult experience
|
587.40
|
B
|
Manufacturers of all Catgut Products -
|
|
Employees engaged in the following -
|
|
|
|
|
|
Splitting and/or harvesting raw material
|
555.60
|
|
Preparing and/or washing and/or processing raw material
|
555.60
|
|
Grading
|
555.60
|
|
Stripping
|
555.60
|
|
Making and/or measuring and/or looping
|
555.60
|
|
Employees engaged in spinning strings, responsible for
final products
|
559.65
|
|
Employees engaged in spinning strings, not required to use
discretion
|
|
|
as to the final product
|
555.60
|
|
Employees engaged as a spinning and/or drying room
attendant
|
555.60
|
|
Housekeeper
|
541.55
|
C
|
Surgical Catgut Finishing Operations -
|
|
Employees engaged in the following -
|
|
|
|
|
|
Cutting down
|
555.60
|
|
Taking down
|
555.60
|
|
Sanding, polishing and grinding
|
555.60
|
|
Grading
|
555.60
|
|
Machine Gauging
|
555.60
|
|
Manual Gauging
|
555.60
|
|
Counting
|
555.60
|
|
Tying and packing
|
555.60
|
|
Housekeeping
|
541.55
|
D
|
Tennis and Other Non-surgical Catgut Finishing Operations
|
|
Employees engaged in the following -
|
|
|
|
|
|
Taking down
|
540.90
|
|
Sanding, polishing or grinding
|
540.90
|
|
Coating and/or lacquering
|
540.90
|
|
Cutting down
|
540.90
|
|
Coiling
|
540.90
|
|
Grading and/or inspecting finished strings
|
540.90
|
|
Tying
|
540.90
|
|
Gauging
|
540.90
|
|
Branding and/or packaging
|
540.90
|
E
|
Suture Preparation -
|
|
Employees engaged in the following -
|
|
|
Drying and/or sterilising sutures
|
540.90
|
|
Filing and/or sealing sutures
|
540.90
|
|
Inspection of packaged sutures
|
540.90
|
|
Ampoule making
|
540.90
|
|
Winding sutures
|
540.90
|
F
|
Quality Control -
|
|
Group Leader - Quality Control Attendant
|
557.65
|
|
Quality Control Attendant
|
546.55
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
6(d)
|
In charge of 1 to 5 employees
|
21.60
|
|
|
In charge of 6 to 10 employees
|
25.30
|
|
|
In charge of more than 10 employees
|
30.30
|
2
|
13(e)(i)
|
Morning or afternoon shift allowance
|
16.00 per shift
|
|
13(e)(ii)
|
Night shift allowance
|
21.54 per shift
|
3
|
15
|
Meal Allowance
|
11.60
|
4
|
16
|
Dusty, Dirty Work, etc
|
0.50
|
5
|
17
|
First-aid allowance
|
2.78
|
DRUG EMPLOYEES'
(STATE) INDUSTRIAL COMMITTEE
Industries and
callings
Employees in drug warehouses and/or drug factories, engaged
in or in connection with the making, preparation, handling, putting up,
reception, sale or delivery of drugs, galenicals, pharmaceutical goods, and
medicinal or household chemicals, and all employees engaged in or in connection
with the making, preparing, handling, putting up, reception, sale or delivery
of cosmetics, perfumes, and toilet preparations and all employees other than in
hospitals engaged in or in connection with the making, sale or delivery of
surgical, medical and/or hygienic dressings and in the preparing and putting up
of catgut the making of catgut preparations within the State excluding the
County of Yancowinna.
Excepting:
Storemen and packers;
Watchmen, caretakers, cleaners, lift attendants and
porters;
Clerks;
Carters, grooms, stablemen, yardmen and drivers of
motor and other power-propelled vehicles;
And excepting also:
Employees of The Sydney County Council and The Council
of the city of Newcastle;
Employees engaged in the manufacture of tartaric acid,
cream of tartar, or any by-product thereof;
Employees engaged in and about the grinding of drugs;
Employees within the jurisdiction of the following
Industrial Committees:
Pharmacists
(State)
Retail Employees
(State)
Textile Workers
(State)
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.