Smallgoods
Manufacturers (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1558 of 2007)
Before Commissioner
Bishop
|
19 February 2008
|
REVIEWED
AWARD
PART A
1. Award Title
This award is entitled the Smallgoods Manufacturers (State)
Award.
2. Arrangement
PART A
Clause No. Subject Matter
1. Award
Title
2. Arrangement
3. Anti
Discrimination
4. Contract
of Employment
5. Hours of
Work
6. Meal
Times and Allowances
7. Wages -
Adult
8. Special
Rates
9. Wages -
Junior
10. Arbitrated
Safety Net Adjustment
11. Proportion
of Juvenile Labour
12. Overtime
13. Holidays
and Sundays
14. Annual
Leave
15. Sick Leave
15A. State
Personal/Carer’s Leave Case
15B. Bereavement
Leave
15C. Parental
Leave
16. Long
Service Leave
17. Mixed
Functions
18. Termination,
Change and Redundancy
19. Payment of
Wages
20. Protective
Clothing
21. Amenities
22. First-Aid
Outfit
23. Right of
Entry
24. Notice
Boards and Posting Award
25. Dispute
Resolution Procedure
26. Area,
Incidence and Duration
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
3. 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, 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 or a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977; or
(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.
4. Contract of
Employment
(i) Except as
hereinafter provided employment shall be by the week. Any employee not specifically engaged as a casual employee shall
be deemed to be employed by the week.
An employee to become entitled to payment on a weekly basis shall
perform such work as the employer shall from time to time require on the days
and during the hours usually worked by the class of employee affected.
(ii) Employment,
other than casual, shall be terminated only by a week’s notice on either side
and such notice may be given at any time during the week. In lieu of such thirty eight working hours’
notice the employer may pay for thirty eight hours’ wages and, vice versa, the
employee leaving his or her employment without notice shall forfeit thirty
eight hours’ wages which may be deducted from any wages due. This shall not affect the right of any
employer to dismiss an employee without notice for malingering, inefficiency,
neglect of duty or misconduct, in which case wages shall be paid up to the time
of dismissal only, or to deduct payment for any day on which an employee cannot
be usefully employed because of any strike or through any breakdown in
machinery or any stoppage of work in the meat industry.
5. Hours of Work
(i) Not more than
thirty eight ordinary hours shall constitute a week’s work.
(ii) The ordinary
daily hours of work for all employees shall not exceed eight hours each day,
Monday to Friday, inclusive, and shall be worked between the hours of 6.00am
and 8.00pm.
(iii) Each daily
period of work shall be unbroken except by prescribed Clause 6, Meal Times and
Allowances. No such daily period of
work shall exceed eight hours in duration, exclusive of prescribed meal
intervals.
(iv) Subject to
compliance with the foregoing provisions and those hereinafter contained, the
employer shall, for all employees, fix each day’s starting and finishing times
of ordinary hours of work observed by the employer for the employee concerned.
(v) The employer
shall state such times in advance in a notice which shall be permanently posted
in the establishment so as to be at all times accessible and visible to the
employee concerned.
(vi) The employer
may from time to time substitute other starting and finishing times if, not
less than a week in advance of the substituted times, states such times in a
notice posted so as to be visible at all times to the employees concerned, together
with the next previous notice concerning such times.
(vii) Every fixation
of starting and finishing times shall be made in respect of a period which
shall be not less than a week in length.
(viii) Notwithstanding
anything elsewhere contained in this clause labourers employed as cleaners and
car washers may be worked for thirty eight hours per week at the employer’s
option between the hours of 6.00am and midnight. In no case shall the ordinary daily hours exceed eight hours on
Monday to Friday, inclusive.
(ix) Such labourers
shall be paid at the following rates:
(a) Where the work
commences not later than 10.30am and finishes not later than 8.00pm, at the
weekly rate under the classification "all others".
(b) Where the work
commences after 10.30am and before 12 noon, at the weekly rate under the
classification "all others" with the addition of 5 per cent.
(c) Where the work
commences at 12 noon or later and finishes at or before midnight, at the weekly
rate under the classification "all others" with the addition of 10
per cent.
6. Meal Times and
Allowances
(i) Each employee
shall be granted a meal break of not less than forty five minutes nor more than
one hour, to commence not later than the beginning of the sixth hour of their
employment on any day.
(ii) A break of
fifteen minutes each before noon shall be allowed to all employees for
smoke-oh. A break of fifteen minutes
shall also be allowed each afternoon to employees who are rostered to work
after 5.00pm. Such breaks shall be
counted and paid for as times worked.
(iii) Any employee
called upon to work during a meal interval shall be paid at overtime rates for
the period so employed and such overtime rates shall continue until a meal
break is allowed.
(iv) No employee
shall be called upon to work for more than five hours without a break for a
meal.
7. Wages - Adult
(a) Adult - the
minimum rates of wages of any classification shall be ascertained by referring
to the classification as set out in Table 1 - Wages, of Part B, Monetary Rates.
(b) "Smallgoodsperson"
means an employee who has served a relevant apprenticeship or has had at least
four years’ general experience in smallgoodsmaking and who is responsible for
the making of smallgoods and who may be required to perform all tasks in a
smallgoods factory, including that of mixing machine operator, butcher, boner,
salter, and/or pickle pumper, cooker, fillerperson, linker and tablehand.
8. Special Rates
(a) A casual
employee, that is, an employee who is not employed for a full week, shall be
paid one-fifth of the weekly wage prescribed in this award for the class of
work performed plus 17.5 per cent of such rate for each day or part of a day
employed.
(b) In addition to
the rate payable under subclause (a) hereof a casual employee shall be paid all
fares reasonably and necessarily incurred.
(c) Where boning
is performed for export purposes under the sanction or authorisation of any
Commonwealth Veterinary Office the rates for such boning shall be the rates
paid under the Meat Preservers, &c. (State) Consolidated Award covering
such work.
(d) Where an
employee is called upon to work in a chilling room in a temperature
artificially reduced to below -2 degrees Celsius the employee shall be paid an
amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, in addition to the ordinary rate for every hour or part of an
hour for which the aggregate the employee is required to work.
(e) 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)(i), 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 or 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 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.
9. Wages - Junior
(i) The minimum
rates of pay for junior shall be the following percentages of the rate of pay
prescribed for smallgoods makers:
Percentage per week
Under 17 years of age
|
30
|
At 17 to 18 years of age
|
40
|
At 18 to 19 years of age
|
50
|
At 19 to 20 years of age
|
75
|
At 20 to 21 years of age
|
95
|
Thereafter not less than the minimum rate for adult
employees in the section of the trade in which the employee is employed.
(ii) Junior may be
employed on light tasks including work involving the use of a knife in and
about all departments of the works as may be agreed upon between the employer
and the respective unions.
10. Arbitrated Safety
Net Adjustment
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 over-award payments, and/or
(ii) Award wages
increases since 29th May 1991 other than safety net, State Wages Case, and
minimum rates adjustments.
11. Proportion of
Juvenile Labour
The number of juvenile employees, employed in any one shop
or smallgoods factory or shop and factory combined shall not exceed one to
every three or fraction of three adult weekly employees. An adult employer actually working in any
such place or combination of places for the whole or at least a substantial
part of their time shall be treated as an adult employee for the purpose of
this clause.
12. Overtime
(i) All time
worked in excess of or outside the ordinary working hours as prescribed in
clause 5, Hours of Work, of this award, on any day shall be deemed to be
overtime and shall be paid for at the rate of time and one-half for the first
three hours and double time thereafter; provided that all time worked on
Saturdays shall be paid for at the rate of time and one-half for the first
three hours and double time thereafter.
A minimum payment for three hours shall be paid for work performed on
Saturdays.
(ii) Any time
worked between 8.00pm on Friday and 4.00pm on Saturday shall be paid for at the
rate of double time exclusive of payment provided for in subclause (i) hereof.
(iii) No employee
shall be called upon to work overtime in excess of one and one-half hours after
their normal ceasing time without a break of one hour and payment as set out in
Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as
meal money. An employee who is notified
that they will be called upon to work overtime and who is not then required to
work overtime shall be paid the sum also set in Item 2.
(iv) Subject to the
Factories, Shops and Industries Act 1962 -
(a) Juniors under
the age of 19 years shall not be called upon to work more than six hours’
overtime in any one week.
(b) Juniors over
19 years of age but under 21 years shall not be called upon to work more than
eight hours’ overtime in any one week.
13. Holidays and
Sundays
(i) The following
day or days on which they are observed as such shall be holidays for the
purposes of this award: New Year’s Day,
Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labour
Day, Christmas Day, Boxing Day, the picnic day of the appropriate union and any
day proclaimed as a public holiday for the State. In any week in which any of the above named holidays fall the
weekly wages shall be paid without deduction.
(ii) All time
worked by employees on a Sunday or holiday shall be paid for at the rate of
double time in addition to the weekly rate.
(iii) Any employee
required to work on a Sunday or holiday shall be paid a minimum of four hours
at the appropriate rate for each such Sunday or holiday worked.
(iv) If an employee
is dismissed within 14 days before any of the holidays abovementioned and is
re-engaged within 14 days after any of the holidays abovementioned, they shall
be deemed to have been dismissed for the purpose of evading payment for such
holiday and any payment so evaded shall be due and payable to the employee.
14. Annual Leave
See Annual Holidays Act 1944.
15. Sick Leave
An employee who, after not less than three months’ continuous
service in their current employment with the employer, is unable to attend for
duty during their ordinary working hours by reason of personal illness or
personal incapacity not due to the their 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:
(i) Except where
the employee makes an election pursuant to the provisions of Workplace
Management and Workers’ Compensation Act 1998, the employee shall not be
entitled to paid leave of absence for any period in respect of which the
employee is entitled to Workers’ Compensation.
(ii) The employee
shall, within twenty four hours of the commencement of such absence, inform the
employer of their inability to attend for duty and, as far as possible, state
the nature of the illness or incapacity and the estimated duration of the
absence.
(iii) For the
purpose of ascertaining whether or not an employee is or has been ill and the
particulars thereof (including, where applicable), the estimated duration of
his absence the employer, through any person appointed by the employer to
interview employees for the purpose stated, shall have the right to interview
any employee who is or has been absent from duty. Where a person so appointed is a legally qualified medical
practitioner the right to interview an employee shall include the right to
examine the employee.
(iv) The employee
shall prove to the satisfaction of the employer (or, in the event of a dispute,
to the Industrial Relations Commission of New South Wales) that he is or was
unable, on account of such illness or incapacity, to attend for duty on the day
or days for which payment under this clause is claimed.
(v) The employee
shall not be entitled in respect of any year of continued employment to sick
pay for more than thirty eight ordinary working hours. Any period of paid sick leave allowed by the
employer to an employee in any such year shall be deducted from the period of
sick leave which may be allowed or carried forward under this award in or in
respect of such year.
(vi) Sick leave, if
not taken during any year, may accumulate from year to year so as to provide
for sick leave up to four weeks if an employee remains in the employ of the
same employer or his successor, transmittee or assignee under the conditions
set out in paragraphs (i), (ii), (iii), (iv) and (v) hereof but this clause
shall not impose any liability on the original employer once they have ceased
to be the employer of the employee whose sick leave has accumulated.
(vii) Any employee
who unreasonably refuses the interview or unreasonably refuses or prevents the
examination specified in paragraph (iii) hereof shall not be entitled to
payment for the period during which the employee was absent from duty.
(viii) For the
purposes of this clause continuous service shall be deemed not to have been
broken by -
(a) any absence
from work on leave granted by the employer; or
(b) any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall in each case be upon the employee); provided that any time
so lost shall not be taken into account in computing the qualifying period of
three months.
(ix) Service before
the date of coming into force of this clause shall be counted as service for
the purpose of qualifying thereunder.
15A. State
Personal/Carer’s Leave Case
(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 15A(c)(ii) who needs the employee’s care and support, shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement, provided for at Clause 15, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency.
Such leave may be taken for part of a single day.
(b) The employee
shall, if required,
(1) establish
either by production of a medical certificate or statutory declaration, the illness
of the person concerned and that the illness is such as to require care by
another person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer’s leave under this subclause where another person had taken leave to care
for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this 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 25, Dispute Resolution Procedure, should be
followed.
(2) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a class of person set out in
15A(c)(ii) above who is ill or who requires care due to an unexpected
emergency.
(3) Annual Leave
(a) An employee
may elect, with the consent of the employer to take annual leave not exceeding
ten days in single-day periods, or part thereof, in any calendar year at a time
or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(d) An employee
may elect with the 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 Entitlement for Casual Employees -
(1) Subject to the
evidentiary and notice requirements in 15A(1)(b) and 15A(1)(d) casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a person prescribed in subclause 15A(c)(ii) of this clause who are
sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work.
In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(3) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of an employer to engage or not to engage a casual employee
are otherwise not affected.
15B. Bereavement
Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, up to and including the day of the funeral, on
each occasion of the death of a person within Australia as prescribed in
subclause (iii) of this clause.
(ii) 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.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of Clause 15A, State
Personal/Carer’s Leave case, provided that, for the purpose of bereavement
leave, the employee need not have been responsible for the care of the person
concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4) and (5) of the said Clause 15A.
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 15B(ii) 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 15A(c)(ii) of Clause 15A, State
Personal/Carer’s Leave Case.
(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.
15C. 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 52(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).
16. Long Service
Leave
See Long Service Leave Act 1955.
17. Mixed Functions
An employee who is required to perform more than one class
of work on any one day shall be paid for the whole of that day at the highest
wages prescribed in this award for any of the work which the employee performs.
18. Termination,
Change and Redundancy
(i) Application
This clause shall apply in respect of full-time and
part time persons employed in the classifications specified by this award.
To employers who employ 15 or more employees
immediately prior to the termination of employment of employees.
Where the employer terminates the services of employees
as the direct result of seasonal factors affecting the meat industry or
shortages of livestock, the employer shall not be required to pay severance pay
to the employees so terminated.
The employer is required to notify the union, in
writing, of the terminations and, if requested, shall hold discussions with the
union about the said terminations.
If the union is not satisfied as a result of these
discussions that the terminations are the direct result of genuine seasonal
factors or shortages of livestock and no agreement can be reached concerning
the matter, then it will be referred to the Industrial Relations Commission of
New south Wales for determination.
For the purposes of this award, the terms
"seasonal factors" and "shortages of livestock" shall refer
to the following industry features:
(a) climatic
features such as droughts, floods and fires and changes in the seasons; and
(b) animal
breeding cycles.
(ii) Introduction
of Change
Employer’s Duty to Notify
(a) Where an employer
has made a definite decision to introduce major changes in production,
programme, 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 this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
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 18(ii),
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
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
subclause 18(ii).
(c) For the
purpose 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 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
Discussions before termination
(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 subclause 18(ii) -
Introduction of Change, and that decision may lead to the termination of
employment, the employer shall hold discussions with the employees directly
affected and with the union to which they belong.
(b) The
discussions shall take place as soon as practicable after the employer has made
a definite decision which will invoke the provision of paragraph (a) of this
subclause 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
purpose of the discussions the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(iv) Termination of
Employment
Notice of 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 subclause, 18(ii)
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.
Notice for Technological Change
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from technology in
accordance with subclause 18(ii):
(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.
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 purpose 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.
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 as those 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.
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.
Notice to Commonwealth Employment Service
Where a decision has been made to terminate employees,
the employer shall notify the Commonwealth Employment Service 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.
Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink (or such
other organisation responsible for unemployment benefits).
Transfer to Lower-paid Duties
Where an employee is transferred to lower-paid duties
for reasons set out in subclause 18 (ii), Introduction of Change, the employee
shall be entitled to the same period of notice of transfer as that to which the
employee would have been entitled if the employee’s employment had been
terminated, and the employer may, at the employer’s option, make payment in
lieu thereof of an amount equal to the difference between the former
ordinary-time rate of pay and the new ordinary-time rates for the number of
weeks of notice still owing.
(v) Severance Pay
Where the employment of an employee is to be terminated
pursuant to subclause 18 (iii), Redundancy, subject to further order of the
Industrial Relations Commission of New South Wales, the employer shall pay the
employee 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
entitlement
|
Under 45 years of
age
|
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
entitlement
|
45 years of age and
over
|
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 allowance paid.
Incapacity to Pay
(a) 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 18(v).
(b) The Industrial
Relations Commission of New South Wales shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in the clause 18(v)
will have on the employer.
(d) Alternative
Employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (i) if the employer obtains acceptable
alternative employment for an employee.
(vi) Savings Clause
Nothing in this award shall be construed so as to
require the reduction or alteration of more advantageous benefits or conditions
which an employee may be entitled to under any existing redundancy arrangement,
taken as a whole between the union and any employer bound by this award.
Nothing in this award shall be construed so as to limit
the obligation of the employer with relation to the introduction of New
Technology.
19. Payment of Wages
(a) Wages shall be
paid in cash in the employer’s time between the hours of noon and 5.00 pm on
the usual pay day of the employer (which shall not be later than Thursday of
each week).
(b) When an
employee is dismissed or the employment terminated the employee shall be paid
all moneys due to the employee within one hour of ceasing work.
(c) On each pay
day each employee shall receive wages in an envelope or accompanied by a docket
showing the total amount of ordinary wages and overtime and all deductions
therefrom.
(d) An employer
shall not keep more than two days’ pay in hand.
(e) Wages dues to
casual employees shall be paid immediately on the termination of work on each
day on which they are engaged.
(f) Notwithstanding
the provisions of this clause, wages may be paid by direct payment into the
employee’s bank account, provided that where wages are paid by direct payment,
suitable arrangements will be made by the employer to ensure that the wages due
to an employee are paid to the specific account before 12.00 noon on the normal
pay day.
20. Protective
Clothing
(a) Each employer
shall provide protective clothing including waterproof aprons and boots to
employees working under dirty, greasy or wet conditions.
(b) In all cases where
an employee’s clothing, lunch bags or receptacles used for lunches are damaged
by fire or through the use of any corrosive material compensation shall be
granted by the employer.
(c) In cases where
an employer requires any employee to wear any special uniform, coat, dress or
clothing the employer shall provide such uniform, coat, dress or clothing.
21. Amenities
Each employer shall provide amenities in accordance with the
Occupational Heath and Safety Act 2000.
22. First-Aid Outfit
(i) The employer
shall provide and continuously maintain an efficient first-aid outfit and
appliances.
(ii) An efficient
first-aid outfit and appliances shall be those prescribed by the Factories,
Shops and Industries Act 1962, and regulations thereunder.
(iii) Employers
shall supply, when required, reasonable transport to any injured employee
without cost to the employee.
23. Right of Entry
In accordance with the Industrial Relations Act 1996. (NOTE:
This provides that a duly accredited representative of the union shall
have the right to enter any work place or premises for the purpose of
interviewing employees and investigating suspected breaches of awards or
agreements or the Industrial Relations Act 1966 and in such
investigations inspect time and pay sheets - so long as the representative does
not unduly interfere with the work being performed by any employee during
working time).
24. Notice Boards and
Posting Award
The employer shall permit notice boards to be erected in the
place of employment for the purpose of posting any notices thereon in
connection with the meetings or other business of the appropriate union. Such notice boards shall be in a prominent
position. All such notices shall be
signed by the secretary or organiser of the appropriate unions.
25. Dispute
Resolution Procedure
(i) Procedures
relating to grievances of individual employees:
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.
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.
Reasonable time limits must be allowed for discussion
at each level of authority.
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.
While a procedure is being followed, normal work must
continue.
The employee may be represented by an industrial
organisation of employees.
(ii) Procedures
relating to disputes, etc, between employers and their employees:
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.
Reasonable time limits must be allowed for discussion
at each level of authority.
While a procedure is being followed, normal work must
continue.
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 purposes of each procedure.
In the event that a dispute cannot be settled, either
party may notify the Industrial Relations Commission of New South Wales of the
existence of the dispute in accordance with the Industrial Relations Act 1996.
26. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the
Smallgoods Manufacturers (State) Award published 15 February 2002 (331 I.G.
427), 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 19 February 2008.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
It shall apply to all persons engaged in any of the
classifications named in this award within the jurisdiction of the Smallgoods
Manufacturers (State) Industrial Committee.
SMALLGOODS
MANUFACTURERS (STATE) INDUSTRIAL COMMITTEE
Industries and
Callings
Butchers and other persons employed in the manufacture of
smallgoods, other than smallgoods for preserving on the premises; and carters,
grooms, stablepersons, yardpersons, drivers of motor or other power-propelled
vehicles, and labourers employed in connection therewith, in the State,
excluding the Country of Yancowinna;
Excepting -
Butchers and other persons employed in bacon factories.
PART B
MONETARY RATES
Table 1 - Wages
Item No
|
Classification
|
Column A
|
|
|
SWC 2007
|
|
|
eff. 1 Dec 07
|
|
|
Amount per week
|
|
|
$
|
1
|
Smallgoods person as defined in subclause (b) of Clause 7
|
602.10
|
2
|
Silent - cutter operator
|
567.00
|
3
|
Filler
|
552.20
|
4
|
Mixing machine other than silent cutter operator
|
567.00
|
5
|
Butcher
|
602.10
|
6
|
Smallgoods seller from vehicle who collects cash -
|
|
|
i.
Non-refrigerator vehicle
|
567.00
|
|
ii. Refrigerator
vehicle
|
567.00
|
7
|
Boner
|
575.00
|
8
|
Slicer, cutter-up, guillotine operator and/or derinding
machine operator
|
567.00
|
9
|
Salter and/or pickle pumper arterial or stab
|
552.00
|
10
|
Cooker and/or scalder
|
567.00
|
11
|
Packing room hand
|
532.20
|
12
|
Linker
|
544.85
|
13
|
Table hand
|
544.85
|
14
|
All others
|
544.85
|
Table 2 - Other
Rates and Allowances
Item no
|
Clause No
|
Brief Description
|
SWC
|
|
|
|
Eff 1 Dec 2007
|
|
|
|
Amount
|
|
|
|
$
|
1
|
8(d)
|
Employee called upon to work in chilling room with the
|
|
|
|
temperature reduced to:
|
|
|
|
Temperature range Celsius Scale
|
|
|
|
Below 2 but not below 16
|
0.42
|
|
|
Below 16 but not below 18
|
0.73
|
|
|
Below 18 but not below 21
|
0.99
|
|
|
Below 21
|
1.35
|
2
|
12
|
Meal Money
|
|
|
|
- required to work in excess of 1½ hours
|
10.06
|
|
|
- notified of overtime then not required
|
10.06
|
E. A. R. BISHOP,
Commissioner.
____________________
Printed by the
authority of the Industrial Registrar.