Milk
Treatment, &c., and Distribution (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1544 of 2007)
Before Commissioner
Bishop
|
16 January 2008
|
REVIEWED AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. State
Wage Case Adjustments
3. Definitions
4. Terms of
Employment
5. Hours
6. Rates of Pay
7. Promotion
and Access to Training
8. Shift
Allowances
9. Saturday
and Sunday Shift Work
10. Holidays
11. Overtime
12. Mixed
Functions
13. Employment
of Assistants on Carts
14. Booking
15. Superannuation
16. Redundancy
17. Pay Day
18. Protective
Clothing
19. Annual
Leave
20. Annual
Holidays Loading
21. Sick Leave
22. Personal/Carer's
Leave
23. Bereavement
Leave
23A Parental
Leave
24. Long
Service Leave
25. References
26. Jury
Service
27. Attendance
at Repatriation Centres
28. Anti-Discrimination
29. Disputes
Procedure
30 Secure
Employment
31. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
2. State Wage Case
Adjustments
(i) The rates of pay in this award include
the adjustments payable under the State
Wage Case 2007. This adjustment may be offset against:
(a) any equivalent
over award payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
3. Definitions
(i) Milk carter
shall mean an employee who ordinarily delivers milks or sells for cash to
customers on any milk round from a cart, wagon, or any other description of
vehicle, or conveyance, provided that such round consists of two or more
customers daily, and who is in charge of such cart, wagon or other vehicle or
conveyance and shall include an assistant of 21 years of age or over and,
unless the context otherwise requires, a relief carter.
(ii) Relief carter
shall mean an employee who ordinarily acts as a carter upon any round in
substitution for the usual carter but who may be called upon to inspect and to
report upon the conditions of any round or the work of any carter.
(iii) Casual
employee shall mean an employee employed by the hour and paid by the hour.
(iv) General
relieving hand shall mean an employee doing the work of any other employee
excepting milk carters on rounds whilst such employee is on holidays or is
absent from work for any other cause.
(v) Aseptic Plant Operator
shall mean an employee responsible for the operation and cleaning of aseptic
U.H.T. product fillers, general hygiene and sterility of U.H.T. packaging
plant, sampling and examining U.H.T. packaged products and/or operation of
U.H.T. sterilizing plant.
(vi) Manufacturer's
Gross Vehicle Mass (G.V.M.) shall mean the weight of a motor wagon and its load
as specified by the manufacturer. It may be ascertained by reference to model specification
plate attached to the vehicle or, failing this, reference to the N.S.W. Road Transport Authority, the manufacturer
of the motor wagon or his agent.
4. Terms of
Employment
(i) The
employment of employees, other than casual employees, shall be terminable by
one week's notice given on any day by either side or by the payment or
forfeiture of one week's wage in lieu of notice.
(ii) Notwithstanding
the provisions of subclause (i), of this clause, an employer may dismiss any
employee without notice for malingering, neglect of duty, or misconduct, and in
such cases wages shall be paid up to the time of dismissal only.
(iii) Supervisors
may assist where necessary in the production and distribution process, provided
they do not do so in such a way as to take work from employees covered by the
classifications appearing in clause 6, Rates of Pay, of this award.
(iv) It is a term
of this award that employees shall work reasonable overtime.
(v) It is a term
of this award that there shall be not demarcation within the areas of work
covered by the classifications appearing in clause 6, Rates of Pay, of this
award; that is, no restrictions on multi-skilling, relief, assistance, transfer
within factory or establishment, operation of equipment and plant, etc.
(vi) An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training.
5. Hours
(i) Day Workers
(a) The ordinary
hours of labour for all day workers shall be forty per week and shall not
exceed eight hours on any day. Such hours shall be worked between the hours of
6 a.m. and 5 p.m., Monday to Friday, inclusive.
(b) A meal break
of not less than one-half hour, nor more than one hour shall be given to all
day workers within five (5) hours of commencing work provided that, in lieu
thereof, a paid crib break totalling twenty (20) minutes may be given.
(ii) Shift Workers
(a) The ordinary
hours of labour shall not exceed eight (8) hours in any consecutive twenty-four
(24) hours, nor forty (40) hours in any one week. Such hours shall be worked on not more than five (5) days in any
one week.
(b) Each shift
worker shall be allowed twenty (20) minutes paid crib break during each shift worked;
provided that a day shift employee may also be given a meal break of 30 minutes
which shall not be counted as time worked.
(iii) Starting
Times
(a)
(1) Each employer
shall fix a regular starting time or times for all employees. Such starting times
and meal and other breaks may be staggered for different employees to
facilitate the continuous running of plant and equipment.
(2) In the case of
day workers, not more than one regular starting time shall be fixed in any one
week for any employee.
(3) In the case of
shift workers, not more than three regular starting times may be fixed in any
one week for any employee.
(4) The employer
shall notify the time or times so fixed by a notice, legibly written which
shall be exhibited and shall be kept exhibited in some place accessible to the
employees concerned.
(5) An employee's
regular starting time/or times shall not be changed by the employer unless a
week's notice has been given to the employee in writing or is exhibited as
aforesaid (except in the case of those employees classified as relief hands).
(b) Milk carters,
milk carters' assistants, and assistants on carts shall not enter premises,
where they obtain milk for delivery before 1.00 a.m. Milk carters, milk
carters' assistants and assistants on carts shall not commence the delivery of
milk to any person before the time fixed by the Milk Board, from time to time
as the earliest times for the delivery of milk.
(c) Except in
cases of emergency, employees shall not be required to restart work after the
completion of a shift until after the expiration of eight (8) hours.
(iv) Extended
Shifts
Notwithstanding anything
contained in this clause, by agreement between an employer, the union and the
majority of employees in the depot or plant or work sections concerned,
ordinary hours exceeding eight hours to a maximum of twelve hours may be
worked, at the conditions to be agreed, subject to:
(a) proper health
and safety monitoring procedures being introduced;
(b) suitable roster
arrangements being made; and
(c) proper
supervision being provided.
6. Rates of Pay
(i) Adult
Employees
The minimum rates of pay for any
classification shall be as set out in Table 1 - Wages, of Part B, Monetary
Rates, subject to the other provisions of the award.
NOTE: For the purpose of computing wages, overtime, etc., the
additional amounts referred to in this clause form part of the said award rate
of pay for the work performed. Articulated Vehicles, etc. - Drivers of scammels,
semi-articulated vehicles or drivers of vehicles with a trailer attached shall,
in addition to the ordinary classified rate of pay, be paid an amount as set
out in Item 1 of Table 2 - Other Rates and Allowances, of Part B.
(ii) Production
Section Classification Definitions
Production Assistant
An employee appointed by the
employer to this grade shall be required to perform any one or more of the
functions within this grade:
(a) General hand;
(b) Loader,
unloader;
(c) Can washer;
(d) By-products
assistant;
(e) Vat washer;
(f) Trailer
washer;
(g) Milk receiver;
(h) Bottle
checker;
(i) General
relieving hand;
(j) Weigher and
measurer.
Plant Operator, Grade 1
An employee appointed by the employer
to this grade shall be required to perform any one or more of the functions
within this grade and may be required to perform any of the duties for which
they are trained under Production Assistant.
(a) Pasteuriser
Operator (in training).
(b) Tally, Record
and Despatch Hand (Plants and Depots).
(c) Automatic
Intake Plant Operator responsible for ingredient intake and load out,
completing log sheets, sampling and CIP of tankers and lines.
(d) Automatic
Processing Plant Operator responsible for weighing, addition and recording of
ingredients and cleaning.
(e) Automatic
Packaging Plant Operator responsible for basic line set-up and operation,
ordering materials, weight checking, correct product codes, package integrity,
packaging according to schedule and cleaning.
(f) Automatic
In-Place Cleaning Operator responsible for basic CIP set-up and operation,
completing cleaning log sheets and cleaning according to schedule.
Plant Operator, Grade 2
An employee appointed by the employer
to this grade shall be required to perform any one or more of the functions
within this grade and may be required to perform any of the duties for which
they are trained under Plant Operator Grade 1 and Production Assistant.
(a) Pasteuriser
Operator (certificated) responsible for set-up and operation of pasteuriser(s)
and associated equipment, completing log sheets and cleaning.
(b) Tally, Record
and Despatch Hand (Plants and Depots) responsible for routine daily computer
input or depot ordering.
(c) Automatic
Intake Plant Operator responsible for raw ingredient intake and load-out,
completing log sheets, sampling, CIP of tankers and lines, basic quality
testing (temperature, taste, smell, appearance), milkoscan analysis, monitoring
schedules and cleanliness.
(d) Automatic
Processing Plant Operator responsible for weighing, addition and recording of
ingredients, cleaning, sampling, basic quality testing (temperature, taste,
appearance, pH testing), completing log sheets, co- ordination with processing
and packaging product requirements.
(e) Automatic
Packaging Plant Operator responsible for basic line set-up and operation,
ordering materials, weight checking, correct product codes, package integrity,
packaging according to schedule, cleaning, basic quality checking and recording
(dye testing, appearance, taste, cap and bottle checking) and co-ordination of
line staff (meal breaks).
(f) Automatic
In-place Cleaning Operator responsible for basic CIP set-up and operation,
completing cleaning log sheets, cleaning according to schedule, monitoring
chemical stocks and checking strength of CIP solutions.
(g) Laboratory
Operator
Plant Operator, Grade 3
An employee appointed by the
employer to this grade shall be required to perform any one or more of the
functions within this grade and may be required to perform any of the duties
for which they are trained under Plant Operator Grade 2, Plant Operator Grade 1
and Production Assistant:
(a) Control Room
Operator responsible for co-ordinating product processing, ensuring ingredients
and products are available to meet production schedules, liaising with
laboratory on product formulations and approvals.
(b) Aseptic Plant
Operator.
(c) ERCA Operator.
(d) Pasteuriser Operator
(certificated) responsible for chemical analysis of raw and processed product.
(e) Tally, Record
and Despatch Hand (depots) responsible for routine daily computer input,
computer banking, computer stock control, depot rostering and depot ordering.
(f) Laboratory
operator responsible for regularly performing at least one-half of the
laboratory's operations or operating a Bactoscan or similarly complex
equipment.
(iii) Junior
Employees
The minimum rates of pay for any
classification shall be as prescribed in Table 1 - Wages.
(a) The minimum
rate of wages for milk carters' assistants and juniors on carts shall be as set
out in Table 1.
(b) The minimum
rate of wages for an employee washing and filling bottles and all work in
connection therewith and a junior laboratory employee shall be as set out in
Table 1.
(c) A junior
required to perform any other duties for which a classification is provided in
subclause (i) of this clause shall be paid the weekly rate of pay prescribed
for such class of work.
(iv) Leading Hands
Employees employed as leading
hands shall, in addition to the appropriate rates of pay, be paid an allowance
as set out in Item 2 of Table 2.
(v) Charge Hands
An employee required to take
charge of a depot for 2 hours or more on any day shall be paid as set out in
Item 3 of Table 2, in addition to his/her ordinary rate of pay.
(vi) Casual
Employees
(a) For all
ordinary time worked on any one day, except Sundays and public holidays, a casual
employee, as defined, shall be paid at an hourly rate ascertained by dividing
by 40 the weekly rate prescribed for an employee of the classification in which
the employee works, plus 25 per cent.
(b) For all
ordinary time worked on a Sunday, a casual employee shall be paid at an hourly
rate ascertained by dividing by 40 the weekly rate for the classification in
which the employee is employed, plus
100 per cent.
(c) For all time
worked by a casual employee on a public holiday, the hourly rate shall be
ascertained by dividing by 40 the weekly rate for the classification in which
the employee is employed, plus 150 per cent.
(d) Casual
employees shall be guaranteed four hours of pay at the casual rate for each
start.
(e) All time
worked by a casual which is in excess of eight ordinary hours in any one day or
in excess of forty ordinary hours in any one week, shall be overtime and paid
at the rate of time and one-half for the first two hours and double time
thereafter. Provided that the overtime
rate on a Sunday shall be that provided in paragraph (b) of this subclause and
the overtime rate for a public holiday shall be that provided in paragraph (c)
of this subclause.
(vii) First-Aid
Allowance
An employee required to carry
out first-aid duties shall be paid an additional allowance as set out in Item 4
of Table 2.
(viii) Forklift
drivers engaged in the loading and/or unloading of trailers shall be paid a
loading as set out in Item 5 of Table 2.
(ix) Vendor
Vehicles
Any employee in a Production Section
classification required to move vendors’ vehicles on any day shall be paid a
flat amount as set out in Item 6 of Table 2, in addition to the employee’s
ordinary rate of pay.
(x) Any employee
in a Production Section classification who possesses a T.A.F.E. Advanced
Certificate or Associate Diploma shall be paid an additional allowance as set
out in Item 7 of Table 2.
(xi) Employees of
Australian Co-operative Foods Limited required to work in Cargon Vendor
Distribution Depots shall be paid an allowance as set out in Item 8 of Table 2
when required to work in cold temperatures between - 1 degree C (30 degrees F)
and 7 degrees C.
(xii) Employees of
Australian Co-operative Foods Limited required to perform their entire shift
within a fully enclosed refrigerated warehouse or fully enclosed refrigerated
distribution depot, where temperatures are artificially reduced to below 5
degrees Celsius shall be paid an allowance as set out in Item 9 of Table 2, for
each hour worked when so employed.
7. Promotion and Access
to Training
(i) Promotion and
access to training shall be offered on the basis of an assessment of ability by
the employer, provided that in the case of equal ability, as determined by the
employer, seniority shall apply.
(ii) Employees may
be temporarily transferred for the purposes of training. Where this requires
extra travelling the employee shall be reimbursed for all extra fares and shall
be paid at ordinary- time rates for all extra travelling time.
8. Shift Allowances
(i) All employees
working morning, day, afternoon or night shifts, as defined in this clause,
shall be paid the following additional shift allowances:
(a) Morning Shift
- the amount set out in Item 10(a) of Table 2 per shift.
(b) Afternoon
Shift - the amount set out in Item 10(b) of Table 2 per shift.
(c) Night Shift -
the amount set out in Item 10(c) of Table 2 per shift
(d) Permanent
afternoon shift or permanent night shift - the amount set out in Item 10(d) of
Table 2 per shift extra.
(ii) For the
purposes of this clause:
(a) Morning shift
shall mean a shift finishing after 9 a.m. at or before 2 p.m.
(b) Day shift
shall mean a shift commencing at or after 6 a.m. and finishing at or before 5
p.m.
(c) Afternoon
shift shall mean a shift finishing after 6.00 p.m. and at or before midnight.
(d) Night shift
shall mean a shift finishing subsequent to midnight and at or before 9.00 a.m.
(iii) An ordinary
shift or part thereof may be worked on a Saturday or a Sunday or any of the
holidays mentioned in clause 10, Holidays, of this award, subject to the
provisions for extra payment hereinafter contained; provided that such extra
payment shall be in substitution for and not cumulative upon the shift
allowances provided in subclause (i) of this clause.
9. Saturday and
Sunday Shift Work
(i) Rostered
shift workers working on ordinary shift on a Saturday shall be paid at the rate
of time and one-half; provided that all time in excess of eight (8) hours shall
be paid at overtime rates.
(ii) Rostered
shift workers working an ordinary shift on a Sunday shall be paid at the rate
of time and three-quarters; provided that all time in excess of eight (8) hours
shall be paid for at double time.
10. Holidays
(i) The following
days shall be holidays and shall be paid for even though not worked, viz., New
Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's
Birthday, Eight Hour or Labour Day, Christmas Day, Boxing Day, and the picnic
day of the Transport Workers' Union of Australia, New South Wales Branch, which
shall be the second Wednesday in the month of May in each year, together with
such other days as hereafter may be proclaimed as public holidays for the
State.
(ii) All time
worked on any of the holidays prescribed by subclause (i), of this clause,
shall be paid for at the rate of time and one-half with a minimum payment of
eight (8) hours; provided that the rate for 25 December shall be double time.
(iii) For all time
worked on any of the holidays prescribed by subclause (i) of this clause, an
employee shall be allowed equivalent time off work with a minimum of eight (8)
hours on full pay. Such time off shall be given by the employer within three
months after the work is performed. Where practicable an employee shall be given
at least forty-eight hours' notice of the day or days upon which time off is to
be taken. By mutual arrangement between the employer and the employee such time
off may be added to the annual leave due to the employee and shall be paid for
at ordinary rates.
(iv) One day shall
be added to the annual leave period of an employee whose rostered day off in
any week falls on any of the holidays prescribed by subclause (i), of this
clause, and who is not required to work on that day.
(v) Where the
employment of a worker has been terminated and the employee thereby becomes
entitled under section 4 of the Annual Holidays Act 1944, to payment in
lieu of an annual holiday with respect to a period of employment the employee
also shall be entitled to an additional payment for each day which has accrued
to the employee under this clause at the employee’s ordinary rate of pay.
(vi) An employee
may elect to accept payment in lieu of the additional annual leave as provided
for in subclause (iii) of this clause.
Such election must be made at the commencement of the employment or at
the beginning of any holiday year. An election once having been made shall not
be changed within twelve months except through unforeseen circumstances.
11. Overtime
(i) Overtime Rate
(a) Except as
provided for in clause 9, Saturday and Sunday Shift Work, and 10, Holidays, of
this award, all time worked in excess of eight hours in any one day or in
excess of forty hours in any one week or before the fixed starting time or
after the fixed finishing time, shall be paid for at the rate of time and
one-half for the first two (2) hours and double time thereafter on any day or
shift.
(b) An employee
required to work overtime on a rostered day off, shall receive a minimum
payment of four (4) hours at the appropriate rate.
(ii) Meal
Allowance
(a) An employee
who is called upon to work overtime for 2 hours or more shall be allowed not
less than thirty (30) minutes for a meal break or twenty (20) minutes for a
crib in the case of a shift worker, which shall be taken immediately after the
normal ceasing time.
(b) An employee
who has not been notified on the immediately preceding working day that the
employee shall be required to work overtime on any day for more than 2 hours
shall be provided with a meal by the employer or in lieu thereof shall be paid
the sum set out in Item 11 of Table 2. An employee who has provided
himself/herself with a meal after having been so notified and who then is not
required to work after the normal ceasing time shall be paid the sum as set out
in Item 11 of Table 2. A meal need not
be provided under this clause nor need payment be made in lieu thereof if the
employee is permitted to return to his/her home for a meal in question and the
employee reasonably can do so.
(iii) Recall
An employee recalled for work
shall be guaranteed and shall be paid for at the least four (4) hours' work for
each start at the appropriate rates of pay. This clause shall also apply to an
employee called upon to work before the employee’s normal starting time, and
whose overtime work does not continue up to such starting time.
12. Mixed Functions
(i) An employee
employed for two (2) hours or more of the employee’s time on any one day or
shift upon any classification other than that on which the employee regularly
is employed and for which a higher rate of pay is provided shall receive such
higher rate of pay for the whole of that day or shift.
(ii) If so
employed for less than two (2) hours of the employee’s time on any day or shift
in any such classification the employee shall receive such higher rate of pay
whilst so employed.
(iii) An employee
who is required to perform work on any one day or shift for which a lower rate
of wage than that of the employee’s ordinary classification is prescribed shall
suffer no reduction in pay in consequence of that requirement.
13. Employment of
Assistants on Carts
No milk carter or relief milk carter shall employ any person
to assist them in their duties either with or without pay nor shall they allow
any person to assist them unless the person is paid by his/her employer. An employer knowingly shall not permit any
milk carter or relief carter employed by them to employ or to allow any person
to assist them in the performance of their duties other than a person employed
and paid by the employer.
14. Booking
All booking of deliveries, sale and collection of tokens,
obtaining corrected bills, arranging bills, payment in of moneys by employees and
any work in connection therewith shall be deemed to be work and shall be paid
for as such. Reasonable facilities shall be provided by the employer to permit
such work being performed on the employer's premises. Employees shall be
furnished within one week, with full and proper particulars of the amount
alleged by the employer to be short.
15. Superannuation
See the Transport Industry (State) Superannuation Award
(No.2), (328 I.G. 1056).
16. Redundancy
See the Transport Industry - Redundancy (State) Award, 318
IG 458.
17. Pay Day
(i) Every
employee shall be paid in cash or, where the employee agrees, by cheque or
electronic funds transfer, provided that the employer may require all employees
in a depot or plant to be paid by cheque or by electronic funds transfer after
a majority of employees in the depot or plant are being paid by cheque or
electronic funds transfer, and provided further that all new employees may be
paid by electronic funds transfer.
(ii) Immediately
upon lawful termination of employment, except in the case of dismissal outside
office hours, an employee, unless otherwise mutually agreed upon, shall be paid
all wages including holiday pay, due to the employee. In the case of dismissal
outside office hours wages due to the dismissed employee shall be available to
the employee on the first office working day following his/her dismissal.
(iii) An employee
whose weekly days off fall on a pay day shall, where practicable, be paid the
employee’s wages, if the employee so desires, prior to going off duty on the
day previous to the employee’s day off. Provided that where it is not
practicable to make such payment, the employer shall notify the union.
18. Protective
Clothing
(i) Employees who
necessarily are exposed to wet conditions in carrying out their work shall be
provided with protective clothing including rubber boots or rubber shoes or
such other footwear as may be agreed between the employer and the employee.
(ii) Wet weather
clothing shall be made available to employees at their request, where they are
required to pick up and/or deliver milk and/or perform other duties in the
open.
(iii) Where an
employee is required to wear a uniform, it shall be provided by the employer.
The uniform shall be laundered at the employer's expense or, alternatively, the
employee paid a laundry allowance of as set out in Item 12 of Table 2 of this
award.
19. Annual Leave
(i) See Annual Holidays Act 1944.
(ii) Provided that
where a shift worker enters on a period of annual leave the employee shall
receive in addition to the employee’s holiday pay calculated in accordance with
the Act such shift allowance pursuant to clause 8 - Shift Allowances, for
ordinary shifts which the employee would have worked according to the shift
roster if the employee had not been on annual holiday but excluding penalty
rates prescribed by clause 10, Holidays, for ordinary time the shift worker
would have worked on any of the holidays prescribed by the clause which occur
during the annual holiday and which the shift worker would have worked if the
shift worker had not been on annual holiday.
(iii) Where a
worker covered by clause 9, Saturday and Sunday Shift Work, enters upon a
period of annual leave the employee shall receive, in addition to the
employee’s holiday pay calculated in accordance with the said Act, such
penalties pursuant to clause 9, which the employee would have received
according to the employee’s normal working roster if the employee had not been
on annual holiday.
20. Annual Holiday
Loading
(i) In this
clause the Annual Holidays Act 1944,
is referred to as "the Act".
(ii) Before an
employee is given and takes their annual holiday, or where by agreement between
the employer and employee the annual holiday is given and taken in more than
one separate period 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 (vii)).
(iii) 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.
(iv) 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.
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (v) 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
their annual holiday, together with, where applicable, the additional sums
prescribed by clause 6, Rates of Pay, of this award but shall not include any
other allowances, penalty rates, shift allowances, overtime rates or any other
payments prescribed by this award.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance,
provided that, if the employment of such an employee continues until the day
when the employee would have become entitled under the Act to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause (vi) of this
clause applying the award rates of wages payable on that day.
(vii) 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 -
(a) an employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause (vi) of this clause;
(b) an employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid in addition to the amount payable to the
employee under the Act such proportion of the loading that would have been
payable to the employee under this clause if the employee had become entitled
to an annual holiday prior to the closedown as the employee’s qualifying period
of employment in completed weeks bears to 52.
(viii)
(a) When the
employment of an employee is terminated by the employer for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which he became entitled, the
employee shall be paid a loading calculated in accordance with subclause (vi)
for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause no loading is payable on the
termination of an employee's employment.
(ix) 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.
21. Sick Leave
(i) An employee
with not less than three months' continuous service, who is absent from work by
reason of personal illness or injury not being illness or injury arising from
the employee's misconduct or default or from an injury arising out of or in the
course of the employee’s employment, shall be entitled to leave of absence,
without deduction of pay, subject to the following conditions and limitations:
(a) the employee
shall, within twenty-four hours of the commencement of such absence, inform the
employer of the employee’s inability to attend for duty, and as far as
practicable, state the nature of the illness or injury and the estimated
duration of the absence;
(b) the employee
shall furnish to the employer such evidence as the employer reasonably may
desire that the employee was unable, by
reason of such illness or injury, to attend for duty on the day or days for
which sick leave is claimed.
(c) the employee
shall not be entitled in any year (as defined), whether in the employ of one
employer or several in the aforesaid industry in such year, to leave in excess
of forty hours of ordinary working time.
Provided that:
(1) if the
employee’s employment continues with the one employer after the first year, the
employee’s sick leave entitlement shall increase to a maximum of eighty hours
of ordinary working time at which figure it shall remain for each subsequent
year of continued employment;
(2) if the
employment of an employee who has become entitled to leave in accordance with
provision (1) above is terminated for any reason, the employee shall not be
entitled in the employ of any employer in the industry, in that year, to leave
in excess of forty hours of ordinary working time.
(ii) For the
purpose of administering paragraph (c) of subclause (i) of this clause, an
employer may, within two weeks of an employee entering the employee’s
employment, require an employee to make a statutory declaration or other
written statement of the names of the employee’s employers in the immediate
preceding twelve months and the paid leave of absence on account of illness or
injury the employee has had from any of those employers during the said period
of twelve months and upon such statement the employer shall be entitled to rely
and act.
(iii) The rights
under this clause shall accumulate from year to year so long as the employment
continues with the employer, so that any part of the sick leave entitlement
which has not been taken by the employee may be claimed by the employee and
shall be allowed by the employer, subject to the conditions prescribed by this
clause, in a subsequent year of continued employment.
(iv) For the
purpose 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.
(v) Year shall
mean from 1 July to 30 June, in the next following year.
22. 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
22(1)(c)(ii) who needs the employee’s care and support, shall be entitled to
use, in accordance with this subclause, any current or accrued sick leave
entitlement, provided for at clause 21, 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 29,
Dispute 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 22(1)(c)(ii) above who is ill or who requires
care due to an unexpected emergency
(3) Annual Leave
(a) An employee may elect, with the consent
of the employer to take annual leave not exceeding ten days in single-day
periods, or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(d) An employee may elect with the 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) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all-rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has member employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
(7) Personal Carers Entitlement for casual employees -
(1) Subject to the evidentiary and notice
requirements in 22(1)(b) and 22(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 22(1)(c)(ii) of this clause who are sick and require care
and support, or who require care due to an unexpected emergency, or the birth
of a child.
(2) The employer and the employee shall
agree on the period for which the employee will be entitled to not be available
to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
(3) An employer must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of an employer to engage or not to engage a casual
employee are otherwise not affected.
23. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave, without deduction of pay, on each occasion of the death of a person in
Australia as prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by
the said subclause (iii) occurs outside Australia, the employee shall be
entitled to two days bereavement leave where the employee travel outside to
attend the funeral.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of Clause 22,
Personal/Carer's Leave, provided that for the purpose of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
(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 subclause
(2), (3), (4), (5) and (6) of the said Clause 22. 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 23(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 22(1)(c)(ii) of clause 22, Personal/Carer's Leave.
(b) The employer and the employee shall
agree on the period for which the employee will be entitled to not be available
to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
(c) An employer must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of an employer to engage or not engage a casual
employee are otherwise not affected.
23A. 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).
24. Long Service
Leave
See Long Service Leave
Act 1955.
25. References
Each employer shall, if so requested, give to any employee on
leaving his/her employment, a written certificate stating the length of time
the employee had been in his/her employment.
26. Jury Service
(i) An employee
required to attend for jury service during ordinary working hours shall be
reimbursed by the employer an amount equal to the difference between the amount
paid in respect to the employee's attendance for such jury service and the
amount of wage the employee would have received in respect of the ordinary time
the employee would have worked had they not been on jury service.
(ii) An employee
shall notify the employer as soon as possible of the date upon which the
employee is required to attend for jury service. Further, the employee shall give the employer proof of
attendance, the duration of such attendance and the amount received in respect
of such jury service.
27. Attendance at
Repatriation Centres
Employees, being ex-service personnel, shall be allowed as
time worked lost time incurred whilst attending repatriation centres dor
medical examination and/or treatment, provided that:
(a) such lost time
does not exceed four hours on each occasion;
(b) payment shall
be limited to the difference between ordinary wage rated from time lost and any
payment received from the Repatriation Department as a result of each such
visit;
(c) the provisions
of this subclause will apply to a maximum of four such attendances in any year
of service with an employer;
(d) the employee
produces evidence satisfactory to the employer that he is required to and
subsequently does attend a repatriation centre.
28.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object of
in section 3(f) of the Industrial
Relations Act 1996 (NSW), to prevent and eliminate discrimination in the
workplace on the grounds of race, sex, marital status, disability,
homosexuality, transgender identity, age and responsibilities as a carer.
(ii) Accordingly,
in fulfilling their obligations under the dispute resolution procedure, the
parties must take all reasonable steps to ensure that neither the award
provisions nor their operation are directly or indirectly discriminatory in
their effects.
(iii) Under the Anti-Discrimination Act 1977 (NSW), it
is unlawful to victimise an employee because the employee has made or may make
or has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977(NSW);
(d) a party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
by the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
29. Dispute Procedure
(i) Disputes
Procedure
(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 the union for the purposes of each procedure.
(ii) Grievance
Procedure
(a) The employee
is required to 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 the union.
30. 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)(ii), 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 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.
31. Area, Incidence
and Duration
(i) This award was published 5 July 1978
and reprinted 15 May 1985 (237 IG 669).
The award took effect from the beginning of the first full pay period to
commence on or after 26 October 1977 and remains in force, as varied, the
nominal term of the award having already expired on 25 October 1978.
(ii) This award shall apply to all employees
employed in any of the classifications named in clause 6, Rates of Pay, of this
award, within the jurisdiction of the Milk Treatment, &c., and Distribution
(State) Industrial Committee, excepting any workers of the above classes who
are employees of dairymen if such dairymen themselves, produce, from their own
cows, at least 70 per cent or more of milk they sell and that milk,
unpasteurised on rounds,
within the jurisdiction of the Milk Treatment &c., and Distribution (State)
Conciliation Committee. In calculating the percentage of milk produced by
dairymen for sale the average daily production during the period of three
months immediately prior to the date when the calculation is made shall be
taken.
(iii) This award was reviewed on 15 August 2001
(329 I.G. 1084) and further reviewed on 1 November 2004 (352 I.G. 104) and changes
were made to the award flowing from those reviews.
(iv) This award is made following a
review under section 19 of the Industrial Relations Act 1996 and
rescinds and replaces the Milk Treatment, &c., and Distribution (State) Award
published 30 November 2001 (329 I.G. 1084), as varied.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 16 January 2008.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
MILK TREATMENT, &C., AND DISTRIBUTION (STATE) INDUSTRIAL COMMITTEE
Industries and Callings
All employees of Australian Co-operative Foods Limited;
Perfection Dairy Pty Limited; Petersville Ltd, United Dairies Pty Limited, and
Nepean Dairies Pty Ltd and milk carters, relief milk carters, milkers, ice
cream carters, general relieving hands, drivers of horses and motor wagons,
special delivery carters, carters of milk in bulk, employees engaged in the
collection of bulk milk and/or cream at farms who are required to grade milk before
collection, brakesmen and extra hands, milk weighers, receivers, measurers,
pasteurisers, tasters milk testers, butter room employees (other than those
engaged in the manufacture of butter), washers of cans and tanks, can and tank
room employees, feed house employees, grooms, stablemen, yardmen, useful hands,
and all assistants in such work employed by dairymen and/or milk vendors and/or
others engaged in the distribution of milk and/or ice and/or ice cream in the
State, excluding the County of Yancowinna;
Excepting
Employees within the jurisdiction of the Clerks (State)
Industrial Committee;
Employees within the jurisdiction of Retail Employees
(State) Industrial Committee;
Employees within the jurisdiction of the Butter, &c.,
Factory Employees (State) Industrial Committee;
Employees of milk vendors when such employees are engaged
solely as shop assistants;
All employees engaged in rural industries within the meaning
of section 5(4) of the Industrial
Relations Act 1991;
Employees of general carriers and contract carriers when
such employees are engaged in the carting of ice cream and/or milk;
Employees within the jurisdiction of the Butter, &c.,
Factory Employees (Newcastle and Northern) Industrial Committee;
Employees covered by Industrial Agreement No. 2902 and any
agreement made replacing the said agreement.
PART B
MONETARY RATES
TABLE 1 - WAGES
|
Classification
|
Former
Rate
|
SWC
2007
|
Total
Rate
|
|
Per
Week
|
|
Per
Week
|
|
|
|
Date
to take
|
|
|
|
Effect:
|
|
|
|
29.11.07
|
|
$
|
$
|
$
|
Division A: Production Section
|
|
|
|
Production
Assistant
|
$542.90
|
20.00
|
$562.90
|
Plant Operator
Grade 1
|
$552.40
|
20.00
|
$572.40
|
Plant Operator
Grade 2
|
$565.50
|
20.00
|
$585.50
|
Plant operator
Grade 3
|
$584.70
|
20.00
|
$604.70
|
Division B: Transport Section
|
|
|
|
Milk Carter on
rounds
|
$581.20
|
20.00
|
$601.20
|
Relief milk carter
|
$583.70
|
20.00
|
$603.70
|
Relief motor wagon
driver
|
$590.90
|
20.00
|
$610.90
|
Fork lift driver
|
$581.10
|
20.00
|
$601.10
|
Tanker driver-
15,911 litres capacity or more
|
$611.40
|
20.00
|
$631.40
|
Tanker driver grader:
|
|
|
|
Under 15,911 litres
capacity
|
$599.40
|
20.00
|
$619.40
|
From 15,911 litres
capacity
|
$614.30
|
20.00
|
$634.30
|
Drivers of motor wagons having a manufacturer’s gross
|
|
|
|
vehicle mass in tonnes:
|
|
|
|
Up to 13,948
|
$590.60
|
20.00
|
$610.60
|
Over 13,948 and up
to 15,468
|
$592.40
|
20.00
|
$612.40
|
Over 15,468 and up to
16,919
|
$593.50
|
20.00
|
$613.50
|
Over 16,919 and up
to 18,371
|
$596.50
|
20.00
|
$616.50
|
Over 18,371 and up
to 19,731
|
$598.00
|
20.00
|
$618.00
|
Over 19,731 and up
to 21,092
|
$598.90
|
20.00
|
$618.90
|
Over 21,092 and up
to 22,453
|
$600.90
|
20.00
|
$620.90
|
The minimum rate of wages for milk carters’ assistants
|
Former
Rate
|
(+4%,
SWC
|
Total
Rate
|
and boys on carts:
|
per
week
|
2007)
|
per
Week
|
Under 18 years of
age
|
$310.95
|
12.45
|
$323.40
|
At 18 and under 19 years
|
$381.60
|
15.25
|
$396.85
|
At 19 and under 20
years
|
$422.75
|
16.90
|
$439.65
|
At 20 and under 21
years
|
$445.05
|
17.80
|
$462.85
|
The minimum rates of wages for an employee washing
|
Former
Rate
|
(+4%,
SWC
|
Total
Rate
|
and filling bottles and all work in connection therewith
|
per
week
|
2007)
|
per
Week
|
and a junior laboratory employee:
|
|
|
|
Under 18 years of
age
|
$322.75
|
12.90
|
$335.65
|
At 18 and under 19
years
|
$371.75
|
14.85
|
$386.60
|
At 19 and under 20
years
|
$426.70
|
17.05
|
$443.75
|
At 20 and under 21
years
|
$477.80
|
19.10
|
$496.90
|
TABLE
2 - OTHER RATES AND ALLOWANCES
|
Item
|
Clause
|
Brief
Description
|
Former
|
New
Amount
|
No.
|
No.
|
|
Amount
|
Per
week
|
|
|
|
per
week
|
(+4%
SWC
|
|
|
|
|
2007)
|
|
|
|
|
Date
to
|
|
|
|
|
Take
Effect:
|
|
|
|
|
29.11.07
|
|
|
|
$
|
$
|
1
|
6(i)
|
For drivers where the
semi-trailer has:
|
|
|
|
|
A
single axle
|
33.65
|
35.00
|
|
|
Two
axles
|
41.35
|
43.00
|
|
|
More
than two axles
|
48.25
|
50.20
|
2
|
6(iv)
|
Leading Hands:
|
|
|
|
|
In
charge of more than 2 but not more than 10
|
20.65
|
21.50
|
|
|
employees
|
|
|
|
|
In
charge of more than 10 employees
|
26.30
|
27.35
|
3
|
6(v)
|
Charge Hands (per day)
|
5.65
|
5.90
|
4
|
6(vii)
|
First aid allowance (Per Week)
|
13.05
|
13.55
|
5
|
6(viii)
|
Forklift drivers engaged in
the loading and/or
|
7.05
|
7.35
|
|
|
unloading of trailers (per
week)
|
|
|
6
|
6(ix)
|
Any employee in a Production
Section classification
|
2.90
|
3.00
|
|
|
required to move Vendors’
vehicles (per day)
|
|
|
7
|
6(x)
|
Any employee in a Production
Section who possesses
|
17.40
|
18.10
|
|
|
a TAFE Advanced Certificate or
Associate Diploma
|
|
|
8
|
6(xi)
|
Employees of Dairy Farmers
Cooperative Ltd
|
0.48
|
0.50
|
|
|
working in Cargon Vendor
Distribution Depots in
|
|
|
|
|
cold temperatures between 1 degree
Celsius and 7
|
|
|
|
|
degrees Celsius (per hour)
|
|
|
9
|
6(xii)
|
Employees of Dairy Farmers
Co-Operative Ltd
|
0.48
|
0.50
|
|
|
working their entire shift
within a fully enclosed
|
|
|
|
|
refrigerated warehouse or depot
where temperatures
|
|
|
|
|
are below 5 degrees C
|
|
|
10
|
8(i)
|
Shift Allowance:
|
|
|
|
|
|
(a) morning shift (per shift)
|
9.20
|
9.55
|
|
|
|
(b) afternoon shift (per
shift)
|
12.10
|
12.60
|
|
|
|
(c) night shift (per shift)
|
15.35
|
15.95
|
|
|
|
(d) permanent afternoon shift
or permanent night
|
|
|
|
|
|
shift (per shift)
|
3.30
|
3.45
|
11
|
11(ii)(b)
|
Overtime - meal allowance*
|
10.80
|
11.10
|
12
|
18(iii)
|
Laundry Allowance*
|
5.40
|
5.45
|
* indicates item adjusted as per CPI June Quarter 2007.
E. A. R. BISHOP,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.