Paint
and Varnish Makers, &c. (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1550 of 2007)
Before Commissioner
Bishop
|
5 February 2008
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Classifications
4. Wages
5. Additional
Payments
6. Laboratory
Employees
7. Junior
Employees
8. First-aid
Allowance
9. Mixed
Functions
10. Tea Breaks
and Meal Periods
11. Crib Break
12. Call Back
13. Sunday and
Holiday Work--Day Workers
14. Washing
Time
15. Payment of
Wages
16. Time and
Wages Book
17. Meal
Allowance
18. Contract
of Engagement
19. Casuals
19A. Secure
Employment Provisions
20. Hours of
Work (Day Workers)
21. Shift Work
22. Overtime
(Day Workers)
23. Public
Holidays
24. Annual
Leave
25. Annual
Leave Loading
26. Sick Leave
27. Personal/Carer's
Leave.
28. Attendance
at Repatriation Centres
29. Accident
Pay
30. Fire
Protection
31. Special Leave
32. Bereavement
Leave
33. Industrial
Clothing
34. Amenities
35. Right of
Entry of Union Officials
36. Inspections
37. Disputes
Resolution
38. Industry
Meetings
39. Travelling
and Fares
40. Trade
Union Training
41. Job
Delegates
42. Redundancy
43. Parental
Leave
44. Anti-Discrimination
45. Superannuation
46. Basis of
Award and Leave Reserved to Apply
47. Union Dues
48. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Wage Rates - Laboratory Employees
Table 3 - Allowances
2. Definitions
"Commission" means the Industrial Relations
Commission of New South Wales.
"Laboratory Assistant" shall mean an employee,
other than a professional employee, trainee professional employee or paint
technician, who is currently studying for a chemistry certificate, or a
certificate course appropriate to the work in which he or she is engaged, or
achieved an equivalent standard of skill or knowledge, and is engaged in a
laboratory in assisting in the preparation of new formulations and in the
application of routine tests in connection with a section or department whose
principal function is the development of and research into new products or
improved formulations, or is performing duties deemed by the employer to be
equivalent thereto; or is engaged in a laboratory performing
production-investigational work associated with existing products and
formulation, or is performing duties deemed by the employer to be equivalent
thereto.
"Laboratory Attendant" means an employee, other
than a professional employee, trainee professional employee, paint technician,
laboratory assistant, trainee laboratory assistant or laboratory assistant or
laboratory tester who is engaged in a laboratory or test department, and whose
duties are principally those of cleaning laboratory equipment and may include
the replenishment of laboratory raw materials.
"Laboratory Tester" shall mean an employee other
than a professional employee or trainee professional employee, paint technician
or laboratory assistant, who is engaged in a production or other laboratory in
the performance of routine tests by established methods.
"Paint Technician" shall mean an employee other
than a professional employee who is required to perform duties of a technical
nature in an analytical, production-investigational, developmental,
experimental or research laboratory, and who has been engaged for at least four
years as a laboratory assistant and has completed the necessary period of
training in order to gain a certificate and who has received a certificate
appropriate to his or her duties from the appropriate education department in
the State such as chemistry certificate or qualification deemed by the employer
to be equivalent or who has sufficient practical experience deemed by the
employer to be equivalent thereto; or who has passed two years of a full-time
course or the first three years of a part-time course for a degree or
equivalent professional qualification or who has sufficient practical
experience deemed by the employer to be equivalent thereto.
"Ordinary Rate" means the appropriate rate
prescribed herein for forty hours of ordinary time.
"Site" means any premises of an employer used for
or in connection with the manufacture, treatment, processing, handling, storage
or distribution of materials or products used in or in connection with
decorative or protective surface coatings, or coverings and associated
products.
"Trainee" shall mean a laboratory employee who is
undergoing and proves to the satisfaction of the employer when requested, that
he or she is continuing a certificate course or a course leading to a degree or
diploma appropriate to his or her work prescribed by the appropriate Education
Department in the State or any course at least equivalent thereto.
"Union" means Liquor Hospitality and Miscellaneous
Union, New South Wales Branch.
"Year" means calendar year unless the context
provides otherwise.
3. Classifications
The following shall be the classification grades of
employees subject to this award:
(a) Paint Workers
-
(i) Paint Worker
Grade 1 (Trainee) - This classification shall be the entry point into the paint
manufacturing industry, where a person has no comparable experience in
manufacturing industry. A person in this classification shall perform various
routine duties, including the provision of assistance to other employees,
whilst working under direct supervision.
A Grade 1 Paint Worker shall undertake basic training
in the industry, including induction training. Illustrative tasks which fall
within this grade include hand filling, hand labelling, cleaning and general
hands work. It is anticipated that
progression from this grade to a higher grade shall be achievable by all weekly
employees.
(ii) Paint Worker
Grade 2 - This classification encompasses the various semi-skilled jobs in the
industry. A person in this
classification shall have undertaken basic training in the paint industry or a
comparable industry, will work under general supervision and have completed or
be involved in training so as to enable the person to perform work within the
scope of this grade.
A Grade 2 Paint Worker shall perform work falling
within the lower grade and be proficient in duties for which they have been
trained within a site's functional stream(s). The duties include work of the
following nature:
(a) basic
repetitive work on automated or single purpose machines or equipment, e.g.,
automatic filling;
(b) simple machine
tinting;
(c) basic receipt,
dispatch and inventory work;
(d) security work;
(e) routine
maintenance work;
(f) laboratory
aide;
(g) order picking;
(h) filter press
operation;
(i) non-licensed
electric fork operation.
(iii) Paint Worker
Grade 3 - This classification encompasses the more skilled specialised jobs in
the industry. A person in this classification shall work under general routine
supervision, be responsible for their own work and have completed or be
involved in training so as to enable the person to perform work within the
scope of this grade.
A Grade 3 Paint Worker shall perform work falling within
the lower grades and be proficient in duties for which they have been trained
within a site's functional stream(s). The duties include work of the following
nature:
A. mill operation;
B. dispersion
operation;
C. raw materials
preparation;
D. powder coating
operations;
E. resin
manufacturing under supervision;
F. operation of
all materials handling equipment;
G. tinting under
supervision;
H. routine
production testing;
I. elementary
research and development work involving no formal training;
J. make up operation;
K. fully
integrated automated filling systems (i.e., Taubmans Pty Ltd, Villawood).
(iv) Paint Worker
Grade 4 - This classification encompasses the various skilled jobs in the
industry. A person in this classification shall be generally responsible for
their own work, have completed training so as to enable the person to perform
work within the scope of this grade and be able to perform work from complex
instructions and procedures.
A Grade 4 Paint Worker shall perform work falling
within the lower grades for which they have been trained within a site's
functional stream(s) and be proficient in duties of the following nature:
A. bulk paint
tinting;
B. resin
manufacturing.
(v) Team Leader -
Grade 5 - A person appointed by the employer to this position shall be
responsible as follows:
A. performance
appraisal;
B. quality
control;
C. production
control;
D. training of
other employees;
E. safety
management;
F. accountability
for manufacturing process.
(b) Laboratory
Employees - Classifications -
(i) Paint
Laboratory Worker Grade 1 (equivalent to Paint Worker Grade 1) - Trainee with
no laboratory or manufacturing experience, undergoing industry induction
training.
(ii) Paint
Laboratory Worker Grade 1A (equivalent to Paint Worker Grade 2) - Employee with
industry experience, working as Laboratory Aide, undertaking basic in-house
training. Works under general supervision. Meets the required standards of
reading and writing and shall be trained to be proficient in the following
areas:
A. storage and retrieval
of batch samples;
B. basic routine
testing under supervision;
C. elementary
communication with laboratory and factory personnel;
D. maintenance and
cleaning of laboratory equipment;
E. keeping
accurate records.
(iii) Paint
Laboratory Worker Grade 2A (equivalent to Paint Worker Grade 3) - Employee with
industry experience, working as a routine production tester or at elementary
research and development work requiring no formal training. A person in this
classification shall work under general supervision, be responsible for their
own work and have completed or be involved in training so as to enable them to
perform work within the scope of this grade.
A Paint Laboratory Worker Grade 2A shall perform work falling within
lower laboratory grades and be proficient in duties for which they have been
trained. The duties include work of the
following nature:
A. training new
Paint Laboratory Workers Grade 1A if required;
B. carrying out,
firstly with supervision and then without, routine production testing;
C. performing
simple batch adjustments without supervision;
D. testing of
laboratory samples.
(iv) Paint
Laboratory Worker Grade 2B - On commencement and continuation of study of Year
1 of Associate Diploma in Chemistry/Chemical Technology or on commencement of
study for the Advanced Certificate in Chemical Technology, a Paint Laboratory
Worker Grade 2B shall perform duties equivalent to those of a Paint Laboratory
Worker Grade 2A and, in addition, shall make laboratory samples; provided that
progression from Paint Laboratory Worker Grade 2A to Paint Laboratory Worker
Grade 2B shall be at the invitation of the employer.
(v) Paint
Laboratory Worker Grade 2C - Having completed and passed Stage 1 of the
Chemistry Certificate course, or on successful completion and passing of Year 1
of the Advanced Certificate in Chemical Technology (or the equivalent of Year 1
studies) and be studying for Year 2, a Paint Laboratory Worker Grade 2C shall
work under minimum supervision, be responsible for their own work and be
involved in training so as to enable them to perform work within the scope of
this grade. A person in this classification shall perform work falling within
lower laboratory grades for which they have been trained and use judgment and
problem solving skills to perform a range of routine and non-routine
tests. The duties include work of the
following nature:
A. performance of
advanced batch adjustments/corrections;
B. ability to
make up and test all types of paints to provide formulae;
C. training of
lower grade laboratory workers.
(vi) Paint
Laboratory Worker Grade 3 - On successful completion and passing of Year 1 of
the Associate Diploma in Chemistry/Chemical Technology (or the equivalent of
Year 1 studies) and be studying for Year 2; or having completed and passed
Stage 2 of the Chemistry Certificate course; or on successful completion and
passing of Year 2 of the Advanced Certificate in Chemical Technology (or the
equivalent of Year 2 studies) and be studying for Year 3; or not less than five
years experience, and having duties and responsibilities of an employee who has
completed and passed Year 1 of the Associate Diploma or Stage 2 of the
Chemistry Certificate.
A Paint Laboratory Worker Grade 3 shall work under
minimum supervision, be responsible for their own work and have completed or be
involved in training so as to enable the person to perform work within the
scope of this grade.
A person in this classification shall perform work
falling within lower laboratory grades for which they have been trained and use
judgment and problem solving skills to perform the full range of routine and
non-routine tests. The duties include
work of the following nature:
A. modifications
to existing formulae when deficiencies within the product are found;
B. solving of
quality control problems that may arise;
C. training of
lower grade laboratory workers.
(vii) Paint
Laboratory Worker Grade 4 - On successful completion and passing of Year 2 of
the Associate Diploma in Chemistry/Chemical Technology (or the equivalent of
Year 2 studies) and be studying for year 3; or hold the Associate Diploma in
Chemistry/Chemical Technology and have no relevant industry experience; or
having completed and passed Stage 3 of the Chemistry Certificate course; or
having completed and passed the Advanced Certificate in Chemical Technology and
having been employed as a PLW Grade 3; or not less than 10 years' experience,
and having duties and responsibilities of an employee who has completed and
passed Year 2 of the Associate Diploma or Stage 3 of the Chemistry Certificate.
A Paint Laboratory Worker Grade 4 shall work under
limited supervision, be responsible for their own work and have completed or be
involved in training so as to enable the person to perform work within the
scope of this grade. A person in this classification shall perform work falling
within lower laboratory grades for which they have been trained and apply
specialised technical skills, in addition to the full range of laboratory
skills, to specific projects. A PLW 4
shall also be involved in training of other laboratory workers and be able to
provide guidance and assistance as part of a work team.
A Paint Laboratory Worker Grade 4 understands the
equipment and principles being used. The duties include work of the following
nature:
A. preparing
reports as directed;
B. being involved
as part of a team in high level trouble shooting;
C. providing
on-the-job training;
D. assisting in
the analysis of production problems;
E. application of
skills to non-routine testing.
(viii) Paint
Laboratory Worker Grade 5 - On successful completion and passing of Year 3 of
the Associate Diploma in Chemistry/Chemical Technology (or the equivalent of
Year 3 studies) and be studying for Year 4; or successfully completed and
passed the Chemistry Certificate course; or having successfully completed and
passed both the Advanced Certificate in Chemical Technology and the Surface
Coatings Technology Post-Technician Certificate course.
A Paint Laboratory Worker Grade 5 shall be responsible
for their own work, perform work falling within the lower laboratory grades for
which they have been trained and be able to work unsupervised. The duties include work of the following
nature:
A. the making of
recommendations regarding improvement to testing and/or instruments;
B. setting up
and/or operation of test equipment involving computer operating and programming
skills;
C. provides
technical guidance;
D. applies
industrial and academic experience in coatings and chemicals to solve problems
or develop new products and processes;
E. assist in the
design and conduct of tests to NATA and other regulatory requirements and
develop procedures and methods from standards.
(ix) Paint
Laboratory Worker Grade 6 - Successfully completed and passed the Associate
Diploma course in Chemistry/Chemical Technology; or successfully completed and
passed the Chemistry Certificate course and the Surface Coatings Technology
Post-Technician Certificate course.
A Paint Laboratory Worker Grade 6 is required to
perform work requiring mature technical knowledge involving a higher degree of
autonomy, originality and independent judgment. The duties include work of the
following nature:
A. responsibility
for the co-ordination of employees' work;
B. plan and
implement those programmes necessary to achieve company objectives;
C. apply
knowledge and/or provide technical guidance.
A person in this classification shall, in addition to
the skills required by a Paint Laboratory Worker Grade 5, have the ability to
operate within broad statements of objectives, without requiring detailed
instructions, provide specialised technical guidance to other employees
performing work within the same technical field and perform work falling within
the lower laboratory grades for which they have been trained.
A Paint Laboratory Worker Grade 6 may be responsible
for supervising a group of employees.
(x) Paint
Laboratory Worker Grade 7 - Successfully completed and passed the Associate
Diploma course in Chemistry/Chemical Technology and successfully completed and
passed the Surface Coatings Technology Post-Technician Certificate course.
A Paint Laboratory Worker Grade 7 shall have no less a
responsibility than that of a PLW Grade 6.
(c) Course
Attendance -
(i) An employee
who attends in any one year not less than 80% of the maximum possible
attendances at the approved course at the training institution at which such
employee is pursuing his or her course of study and passes the annual
examination in that year or, if there is no examination, receives a satisfactory
report, shall be reimbursed by his or her employer all fees paid by such
employee for that course during that year.
In the case of an employee who complies with the
foregoing requirements for attendances and who passes and receives a
satisfactory report in a proportion of the subjects taken by him or her in any
year, the employer shall reimburse a like proportion of fees. The employer
shall not, however, be required to reimburse fees or a proportion thereof for
more than one year in excess of the period prescribed by the training
institution for the approved course.
Provided that where an employer and employee agree in writing, an
employee may undertake a course of study other than an approved course and such
course shall be reimbursed in the manner described in the aforementioned two
paragraphs. Where a trainee is in the
employ of more than one employer in any school year, then such employer shall
be liable only for the payment of fees pro rata to the period of employment
with the employer.
(ii) An employee
shall be allowed reasonable time without loss of pay (not exceeding an average
of eight hours per week during a semester) for the purpose of attending classes
in connection with the appropriate certificate course.
In the event of a disagreement between the employer and
an employee regarding the course of study for any year, the recommendation of
the Industrial Consultative and Accreditation Committee as provided for in
paragraph (iii) of subclause (d) of this clause shall be accepted. The employer
shall endeavour to see that any employee shall not be obliged to work overtime
when it interferes with such employee's studies. No employee shall be employed upon shift work which may interfere
with his or her studies or examination preparation.
(iii) An employee
shall be allowed reasonable leave of absence, without loss of pay, for the
purpose of sitting for examinations on any subject(s) being studied for the
year.
(d) Implementation
of New Structure
(i) An employer
shall notify each laboratory employee of the appropriate classification of that
employee.
(ii) The parties
shall co-operate in the transition from the old structure to the new structure
in an orderly manner without creating false expectation or disputation.
(iii) There shall
be an Industry Consultative and Accreditation Committee made up of
representatives of the employers and the unions. The committee shall assist in
the resolution of disputes arising from the application and operation of the
classification structure, co-ordinate the accreditation of training courses and
will act as a mechanism of appeal for employees dissatisfied with their
grading.
(iv) Should the
committee be unable to resolve any disputes arising from the application and
operation of the new classification structure, any party may refer the matter
to the Industrial Relations Commission of New South Wales.
(e) Incidental
Duties
Employees are to perform work which is incidental or
peripheral to their main tasks or functions, being the work the duties of which
are within the limits of the employee's skill, competence and training.
4. Wages
The minimum rates of pay for weekly employees shall be as
set out in Table 1 and Table 2 of Part B Monetary Rates.
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 wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
5. Additional Payments
(i) Leading Hand
- An employee appointed as a leading hand by the employer shall, for each week
worked, receive the following amounts:
(a) In charge of
not less than one and not more than 10 employees or a laboratory leader in
charge of laboratory assistants - an amount per week as set out in Item 1 of
Table 3 - Allowances, of Part B, Monetary Rates.
(b) In charge of
11 or more employees or a laboratory leader in charge of paint technicians - an
amount as set out in Item 2 of the said Table 3.
(ii) Storeperson
Working Singly - A store person who has control of a store when no direct
supervision is exercised and is responsible for the receipt, issuing and stock
checking of goods and/or materials and the notation of necessary documents
shall receive the sum per week as set out in Item 3 of Table 3 for all purposes
of the award in addition to his/her classification rate, with the provision
that any employee whose work is defined elsewhere in this clause shall suffer
no reduction in wages.
6. Laboratory
Employees
(i) Terms and
Conditions: The following terms and conditions shall apply, notwithstanding
anything else contained in this award dealing with the same specific subject
matters, to employees engaged in laboratories and classified as Laboratory
Trainee, Laboratory Assistant or Paint Technician:
(a) Period of
Hire: Period of hire may be weekly, fortnightly or monthly as offered by the
employer.
(b) Notification
of Classification to Employees: Any employee shall on the date of commencing
employment be advised in writing of the classification which is effective,
i.e., "laboratory assistant studying for first stage of a chemistry
certificate course or equivalent or having achieved equivalent standard of
skill or knowledge." Subsequently upon any promotion above that
appointment the employee will be advised of his or her new classification.
(c) Provision of a
Certificate of Service: Upon termination of employment that employer when
requested by the employee shall provide a certificate of service stating length
of service, duties performed and classification.
(d) Method of
Payment: Method of payment of salary may be by cash, cheque or cheque paid to
an employee's nominated bank account as agreed between the employer and the
employees.
(e) Award Conditions:
In all other respects the conditions of this award shall apply to such
employees.
(ii) Trainees
(1) Trainees shall
receive the following as minimum rates of pay expressed as a percentage of the
total rate of pay prescribed for the classification of "Laboratory
Assistant" - studying for first stage of a chemistry certificate course or
equivalent or having achieved equivalent standard of skill or knowledge:
|
Percentage
|
|
|
At 16 years of age
|
70
|
At 17 years of age
|
85
|
At 18 years of age
|
100
|
At 19 years of age or over - the appropriate total rate
of pay for the classification of "Laboratory Assistant" or
"Paint Technician" in accordance with the qualification or experience
gained.
(2) The proportion
of trainees under the age of 18 years of age who may be employed by any
employer shall not exceed one such junior trainee to every two or fraction of
two adults in that area in which the trainee is employed. This proportion shall
not be varied without prior consultation and agreement with the Union.
(3) A trainee who
attends in any one year not less than 80 per cent of the maximum possible
attendances of the approved course at the training institution at which such
employee is pursuing his/her course of study and passes the annual examination
in that year or, if there is no examination, receives a satisfactory report,
shall be reimbursed by his/her employer all fees paid by such employee for that
course during that year. In the case of
a trainee who complies with the foregoing requirement for attendances and who
passes or receives a satisfactory report in a proportion of the subjects taken
by him/her in any year the employer shall reimburse a like proportion of fees.
The employer shall not, however, be required to reimburse fees or a proportion
thereof for more than one year in excess of the period prescribed by the
training institution for the approved course.
Provided that where a trainee is in the employ of more than one employer
in any school year then such employer shall be liable only for the payment of
fees pro rata to the period of employment with that employer.
(4) Trainees shall
be allowed reasonable time without loss of pay (not exceeding an average of
eight hours per week during a school term) for the purpose of attending classes
in connection with the appropriate certificate course.
In the event of disagreement between the employer and
trainee regarding the course of study for any year, the recommendation of the
educational institution shall be accepted.
The employer shall endeavour to see that any trainee shall not be
obliged to work overtime when it interferes with such trainee's studies. No
trainee shall be employed upon shift work which may interfere with his/her
studies or examination preparation. Any trainee shall be allowed reasonable
leave of absence without loss of pay for the purpose of sitting for
examinations on any subject being studied for the year.
(iii) Safe Working
Conditions and Safety Equipment
(a) Fume Cupboards
and Safety Equipment - Every laboratory shall be equipped with adequate fume
cupboards where necessary, fire fighting equipment and any special equipment or
rooms essential to the safe handling of any chemical or process.
(b) Work in
Abnormal Conditions - Where an employee is required to work in abnormal conditions,
the employer shall take all reasonable precautions to ensure that the employee
will work under conditions of the maximum possible safety and comfort.
(c) Damaged
Clothing or Equipment - Where an employee as a result of performing any duty
required by the employer, and as a result of negligence of the employer,
suffers any damage to or soiling of clothing or other personal equipment,
including spectacles and hearing aids, the employer shall be liable for the
replacement, repair or cleaning of such clothing or personal equipment
including spectacles and hearing aids.
7. Junior Employees
(i) Junior
employees under 18 years of age shall be properly supervised at all times.
(ii) A junior
employee shall be paid the following percentage of the ordinary rate prescribed
by this award for the appropriate adult classification:
|
Percentage
|
|
|
At 16 years of age
|
70
|
At 17 years of age
|
85
|
At 18 years of age
|
100
|
8. First-Aid
Allowance
(i) An employer
shall endeavour to have at least one employee trained to render first-aid in
attendance when work is performed at an establishment.
(ii) An employee
who has been trained to render first-aid and who is the current holder of
appropriate first-aid qualifications such as a certificate from the St John
Ambulance or similar body shall be paid a weekly allowance of an amount as set
out in Item 4 of Table 3 - Allowance of part B - Monetary Rates if appointed by
the employer to perform first-aid duty.
(iii) The employer
will reimburse travelling and text book expenses actually incurred when an
employee carries out first-aid training at the request of the employer.
9. Mixed Functions
(i) If by
direction of the employer an employee is engaged for more than one hour in any
day or shift on duty carrying a higher rate than his or her ordinary
classification such employee shall be paid the higher rate for such day or
shift.
(ii) Where an
employee is called upon to perform duties for which a lower rate is fixed the
employee shall suffer no deduction in pay for the balance of the current pay
week.
10. Tea Breaks and
Meal Periods
(i) Each day
shift employee shall be permitted a ten minute break in the first half of each
day and a ten minute break in the second half of each day at times to be
nominated by the employer for tea breaks. Such breaks shall be without
deduction of pay if taken at the work place or other place nominated by the
employer.
(ii) Meal periods
shall be not less than thirty minutes and not more than forty-five minutes and
shall be taken at times nominated by the employer.
(iii) No employee
shall be required to work for more than five hours without a meal period or
crib break.
11. Crib Break
(i) Where the
period of overtime is to exceed 1.5 hours an employee prior to starting such
overtime after working ordinary hours shall be allowed a crib break of 20
minutes which shall be paid for at ordinary rates.
(ii) An employee
working overtime after working ordinary hours shall be allowed a crib break of
20 minutes without deduction of pay after each four hours of overtime worked if
the employee continues work after such crib break.
(iii) An employer
and employee may agree to any variation of this clause to meet the
circumstances of the work in hand provided that the employer shall not be
required to make any payment in respect of any time allowed in excess of 20
minutes.
12. Call Back
An employee recalled on any day to work overtime after
leaving the employer's establishment shall be paid a minimum of four hours'
work at the appropriate hourly rate for each time such employee is so recalled;
provided that, except in the case of unforeseen circumstances arising, the
employee shall not be required to work the full four hours as the case may be
if the job he or she was recalled to perform is completed within a shorter
period. This clause shall not apply in
cases where it is customary for an employee to return to an employer's site to
perform a specific job outside his or her ordinary working hours or where the
overtime is continuous with the completion or commencement of ordinary working
time.
13. Sunday and
Holiday Work - Day Workers
(i) An employee
required to work on a Sunday shall be paid at the rate of two and one-half
times the ordinary rate with a minimum payment of four hours.
(ii) An employee required
to work on a public holiday save where a day's leave has been substituted shall
be paid for all time worked at the rate of two and one-half times the ordinary
rate with a minimum payment of four hours.
14. Washing Time
All employees shall be allowed five minutes prior to meal
times and ten minutes prior to the ordinary ceasing time for the purposes of
cleaning themselves: Provided that
employees working in dry lead and/or dry colour manufacturing shall, in lieu of
ten minutes, be allowed fifteen minutes prior to ceasing time.
15. Payment of Wages
(i) Unless
otherwise agreed between an employer and the employees wages shall be paid to
each employee weekly no later than Thursday and prior to work ceasing.
(ii) An employee
who is kept-waiting for payment of wages after work has ceased shall be paid at
overtime rates unless the employer can establish legitimate cause outside of
the employer’s control for late payment.
(iii) Wages and
other entitlements may be paid by cheque or in cash or by agreement between the
employer and employee concerned.
Further, by agreement between the union and the employer, wages and
other entitlements may be paid by electronic bank transfer in accordance with
agreed practice at individual establishments.
(iv) Unless
otherwise agreed between an employer and the employee where a pay day falls on
a public holiday or a public holiday follows immediately after the usual pay
day for that week, wages shall be paid on the ordinary working day preceding
the usual pay day.
(v) Each employee
shall at request be given details of his or her total weekly pay.
16. Time and Wages
Book
(i) Each employer
shall keep a record or system from which can be readily ascertained the name
and occupation of each employee, the hours worked each day, and the wages and
entitlements paid each day period.
(ii) The time
occupied by an employee in filling in any time record or cards or in the making
of records shall be treated as time of duty but this does not apply to checking
in or out when entering or leaving the employer's premises.
(iii) The time and
wages record shall be open for inspection to a duly accredited union official
during the usual office hours at the employer's office: Provided that an
inspection shall not be demanded unless the branch secretary of the union or
the official suspects that a breach of this award has been committed: Provided
also that only one demand for such inspection shall be made in one fortnight at
the same establishment.
(iv) The official
making such inspection shall be entitled to take a copy of entries in a time
and wages record relating to a suspected breach of this award.
17. Meal Allowance
Any employee required to work and who so works overtime for
more than one hour after working ordinary hours shall either be supplied with
an adequate meal or paid an amount as set out in Item 5 of Table 3 -Allowances,
of Part B, Monetary Rates, for each meal. The meal allowance shall be paid to
the employee weekly, at the time when normal pay is made, or by such other arrangement
as may be mutually acceptable.
For the purpose of this clause, crib break, if applicable,
shall not be regarded as overtime worked.
18. Contract of
Engagement
(i) Any employee
not specifically engaged as a casual shall be deemed to be employed by the
week.
(ii) A weekly
hired employee shall be terminated by one week's notice on either side given at
any time during the week or by the payment or forfeiture of a week's wages, as
the case may be- provided this shall not affect the right of an employer to
dismiss any employee summarily without notice for neglect of duty or
misconduct, and in such case wages shall be paid up to the time of dismissal
only. An employee who has given or been given notice to terminate employment
shall continue in employment until the date of expiration of such notice.
(iii) An employee
who, having been given or has given notice and without reasonable cause is
absent from work during the period of notice, shall be deemed to have abandoned
his or her employment and shall not be entitled to payment for work done within
that period. By arrangement with the employer an employee working out a period
of notice may be granted one day's leave without pay to seek alternative
employment.
19. Casuals
A casual employee is one engaged and paid as such. A casual employee for working ordinary time
shall be paid per hour one-fortieth of the ordinary rate prescribed by this
award for the work performed plus 25 per cent.
19A. Secure
Employment Provisions
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having
attained such period of six months.
However, the employee retains his or her right of election under this
subclause if the employer fails to comply with this notice requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an
employer refuses an election to convert, the reasons for doing so shall be
fully stated and discussed with the employee concerned, and a genuine attempt
shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award or pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996
(NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or result
for that other employer which might otherwise have been carried out by that
other employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
20. Hours of Work
(Day Workers)
Ordinary hours of work shall be forty per week to be worked
in five days, Monday to Friday inclusive, of eight hours each continuously
except for meal breaks at the discretion of the employer, between 7.00 a.m. and
5.30 p.m.; provided that the spread of hours or daily hours prescribed may be
altered as to all or a section of the employees by mutual agreement between the
employer and the union provided further that day work shall not in any event
commence before 6.00 a.m. or finish after 6.00 p.m.
Provided further that work done outside the spread of hours
fixed in accordance with this clause for which overtime rates are otherwise
payable shall be deemed to be part of the ordinary hours of work where for
reasons other than for proven illness or by leave of the employer the ordinary
hours worked within the prescribed spread of hours in any week are less than
forty.
21. Shift Work
(i) Definitions -
For the purpose of this clause:
"Afternoon Shift" - means any shift finishing
after 6p.m. and at or before midnight.
"Continuous Work" - means any work carried on
with consecutive shifts of employees throughout the 24 hours of at least six
consecutive days without interruption except during breakdowns or meal breaks
or due to unavoidable causes beyond the control of the employer.
"Early Morning Shift"--means any shift
commencing after midnight and before 6.00 a.m.
"Day Shift" - shall mean a shift commencing
after 7 a.m. and finishing at or before 6 p.m.
"Night Shift" - means any shift finishing
after midnight and at or before 8 a.m.
"Rostered Shift" - means a shift of which the
employee concerned has had at least 48 hours' notice.
(ii) Hours -
Continuous Work Shifts - This subclause shall apply to shift workers on continuous
work as hereinbefore defined.
The ordinary hours of such shift workers shall not
exceed:
8 in any one day;
48 in any one week;
88 in 14 consecutive days; or
160 in 28 consecutive days.
Subject to the following conditions such shift workers
shall work at such times as the employer may require:
A shift shall consist of not more than 8 hours
inclusive of crib time.
Except at the regular changeover of shifts an employee
shall not be required to work more than one shift in each twenty-four hours.
Twenty minutes shall be allowed to shift workers each
shift for crib which shall be counted as time worked.
(iii) Hours - Other
Than Continuous Shift Work - This subclause shall apply to shift workers not
upon continuous work as hereinbefore defined.
The ordinary hours of such shift workers shall not
exceed - 40 in any week to be worked in five shifts of eight hours on Monday to
Friday inclusive or five shifts of not more than eight hours, and one shift
(Saturday) of not more than four hours; or 80 in 14 consecutive days in which
case an employee shall not without payment for overtime be required to work
more than eight consecutive hours on any shift or more than six shifts in any
week.
Such ordinary hours shall be worked continuously except
for meal breaks at the discretion of the employer. An employee shall not be required to work for more than five
hours without a break for a meal
Except at the regular changeover of shifts an employee
shall not be required to work more than one shift in each 24 hours.
(iv) Rosters -
Shift rosters shall specify the commencing and finishing times of ordinary
working hours of the respective shifts.
(v) Variation by
Agreement - The method of working shifts may in any case be varied by agreement
between the employer and the accredited representative of the union to suit the
circumstances of the establishment.
The time of commencing and finishing shifts, once
having been determined may be varied by agreement between the employer and the
employees concerned to suit the circumstances of the establishment or, in the
absence of agreement, by seven days' notice of alteration given by the employer
to the employees.
Prior to establishing any new shift or ceasing any
established shift an employer shall give the union not less than one week's
notice of the employer's intention and shall discuss with the union manning
levels and implementation.
(vi) Afternoon or
Night Shift Allowances - A shift worker on continuous work whilst on afternoon
shift shall be paid 17.5 per cent or whilst on night shift 20 per cent more
than the ordinary rate for such shift.
A shift worker on other than continuous work whilst on
afternoon shift shall be paid 17.5 per cent or whilst on night shift 20 per
cent more than the ordinary rate for such shifts. A shift worker who works on any afternoon or night shift which
does not continue for at least five successive afternoons or nights at a
five-day work site or for at least six successive afternoons or nights at a
six-day work site shall be paid at the rate of time and one-half.
An employee who: during a period of engagement on shift
works night shift only; or remains on night shift for a longer period than four
consecutive weeks; or works on a night shift, which does not rotate or
alternate with another shift or with day work so as to give at least one-third
of the working time off night shift in each shift cycle; shall during such
engagement, period or cycle, be paid 30 per cent more than the ordinary rate
for all time worked during ordinary working hours on such night shifts.
(vii) Except as
provided in subclause (viii), of this clause, no shift premium shall be paid
for early morning or day shifts.
(viii) The minimum
rate to be paid to any shift worker for work performed between midnight on
Friday and midnight on Saturday shall be time and one-half. Such extra rate shall be in substitution for
and not cumulative upon the shift premiums prescribed in the first and second
paragraphs of subclause (vi), of this clause.
(ix) Overtime -
(a) A shift worker
required to work overtime on a Saturday, Sunday or public holiday shall be
afforded at least four hours work or paid for four hours at the appropriate
rate, except where such overtime is continuous with overtime commenced on the
previous day or in relation to regular change of shift.
(b) A shift worker
for all time worked in excess of eight hours or outside the ordinary working
hours prescribed or on a shift other than a rostered shift shall -
if employed on continuous work be paid at the rate of
double time; or
if employed on other shift work be paid at the rate of
time and one-half for the first two hours and double time thereafter; except in
each case where the time is worked - by arrangement between the employees
themselves; for the purpose of effecting the customary rotation of shifts; or
is due to the fact that the relief employee does not
come on duty at the proper time.
Provided that when not less than eight hours' notice
has been given to the employer by the relief that he or she will be absent from
work and the employee who should be relieved is not relieved, the unrelieved
employee shall be paid at the rate of time and one-half for the first four
hours on duty after having finished his or her ordinary shift and a rate of
double time thereafter, provided that where the employee is required to
continue to work on his or her rostered day off the rate shall be double time.
In all such calculations shift premiums shall be
excluded.
(c) In calculating
overtime each shift shall stand alone.
Provided that where the adoption of any particular
roster results in the regular working of a shift at overtime rates, the
overtime in question may be regarded as having accrued in equal amount during
the weeks of the shift cycle, and, if requested by a majority of the shift
workers concerned, be paid accordingly instead of being paid in the pay week in
which it is worked.
(x) Sundays and
Holidays - A shift worker on continuous shift for work done on a rostered
shift, the major portion of which is performed on a Sunday, shall be paid at
the rate of double time. A shift worker on continuous shift for work done on a
rostered shift the major portion of which is performed on a holiday, shall be
paid at the rate of double time with a minimum of four hours. A shift worker on
other than continuous work for all time worked on a Sunday or holiday shall be
paid double time and one-half. Where shifts commence between 11.00 p.m. and
midnight on a Sunday or holiday the time worked before midnight shall not
entitle the employee to the Sunday or holiday rate: Provided that the time
worked by an employee on a shift commencing before midnight on the day
preceding a Sunday or holiday and extending into a Sunday or holiday shall be
regarded as time worked on such Sunday or holiday.
(xi)
(a) Subject to
subclause (b), an employer may require an employee to work reasonable overtime
at overtime rates or as otherwise provided for in this award.
(b) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(c) For the
purposes of subclause (b) what is unreasonable or otherwise will be determined
having regard to:
(i) any risk to
employee health and safety;
(ii) the
employee’s personal circumstances including any family and carer
responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
(xii) Daylight
Saving - Notwithstanding anything contained elsewhere in this award, where by
reason of the legislation of the State Government, summer time is prescribed as
being an advance of the standard time of the State the length of any shift:
(a) commencing
before the time prescribed by the relevant legislation for the commencement of
summer time period: and
(b) commencing on
or before the time prescribed by such legislation for the termination of a
summer time period,
shall be deemed to be the number of hours represented
by the difference between the time recorded by the beginning of the shift and
the time so recorded at the end thereof, the time of the clock in each case to
be set to the time fixed pursuant to the State legislation.
In this subclause the expression "standard
time" and "summer time" shall bear the same meaning as are
prescribed in the legislation.
(xiii)
(a) When overtime
work is necessary it shall wherever reasonably practicable, be so arranged that
employees have at least ten consecutive hours off duty between the work of
successive days. An employee (other than a casual) who works so much overtime
between the termination of his or her ordinary work on one day and the
commencement of his or her work on the next day that the employee has not had
at least 10 consecutive hours off duty between those times, shall, subject to
subclause (b), be released after completion of the overtime until the employee
has had 10 consecutive hours off duty without loss of pay for ordinary working
time occurring during that time off duty.
(b) If on the
instructions of his or her employer such an employee resumes or continues work
without having had 10 consecutive hours off duty the employee shall be paid at
the rate of double time for all time so worked until the employee is released
from duty and the employee shall then be entitled to be absent from work
without loss of pay for ordinary working time until the employee has had 10
consecutive hours off duty.
(c) The provisions
of subclause (b) shall apply in the case of shift workers who change from one
shift to another as if eight hours were substituted for ten hours when overtime
is worked for the purposes of changing shift rosters, or where a shift worker
does not report for duty, or where a shift is worked by arrangement between
employees for their own personal benefit.
22. Overtime (Day
Workers)
(i) Notwithstanding
anything elsewhere contained in this award, all overtime on any day other than
a Sunday or a public holiday shall be paid for at the rate of one and one-half
times the ordinary rate for the first two hours and two times the ordinary rate
thereafter.
(ii) In
calculating overtime each day shall stand alone.
(iii)
(a) Subject to
subclause (b), an employer may require an employee to work reasonable overtime
at overtime rates or as otherwise provided for in this award.
(b) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(c) For the
purposes of subclause (b) what is unreasonable or otherwise will be determined
having regard to:
(i) any risk to
employee health and safety;
(ii) the
employee’s personal circumstances including any family and carer
responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
(iv) An employee
required to work overtime on a Saturday, Sunday or public holiday shall be
afforded at least four hours' work or paid for four hours at the appropriate
rate except where such overtime is continuous with overtime commenced on the
previous day.
(v) When overtime
work is necessary it shall wherever reasonably practicable, be so arranged that
employees have at least ten consecutive hours off duty between the work of
successive days. An employee (other than a casual) who works so much overtime
between the termination of his or her ordinary work on one day and the
commencement of his or her work on the next day that the employee has not had
at least 10 consecutive hours off duty between those times, shall, subject to
subclause (vi), be released after completion of the overtime until the employee
has had 10 consecutive hours off duty without loss of pay for ordinary working
time occurring during that time off duty.
(vi) If on the
instruction of his or her employer such an employee resumes or continues work
without having had 10 consecutive hours off duty the employee shall be paid at
the rate of double time for all time so worked until the employee is released
from duty and the employee shall then be entitled to be absent from work
without loss of pay for ordinary working time until the employee has had 10
consecutive hours off duty.
Time Off in Lieu of Overtime
(vii) Time off in
lieu of overtime may be taken by mutual agreement between the employer and
employee. Such time off in lieu shall be calculated at the appropriate overtime
rate payable for the overtime worked.
(viii) Time off in
lieu may be taken in either of the following ways:
(a) By the full
overtime rate being accrued as time off in lieu.
(b) By overtime
worked being paid at the employee's ordinary rate of pay with the penalty
component of the overtime worked being taken as time off in lieu.
(ix) Any
accumulated time off in lieu must be paid out upon termination at the
employee's appropriate rate of pay on the date of termination.
(x) Accumulation
of time off in lieu shall be to a maximum 1 day per fortnight.
(xi) This clause
shall not be used to discriminate against particular employees with respect to
the allocation of overtime to those employees at a particular enterprise or
within a section of an enterprise.
23. Public Holidays
(i) An employee
on weekly hiring shall be entitled without loss of pay, to public holidays as
follows: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Eight-Hour Day or Labour Day, Christmas
Day, Boxing Day, or such other day as is generally observed in a locality in
addition to, or as a substitute for, any of the said days respectively.
(ii) In addition
to the public holidays prescribed in subclause (i) of this clause, one
additional public holiday shall apply to an employee on weekly hire on a date
to be determined from year to year by agreement between an employer and the
employees, or individual employee, of the employer.
(iii) Where Anzac
Day falls on a Saturday or Sunday it shall be observed on the following Monday.
(a) Where
Christmas Day falls on a Saturday or on a Sunday, the following Monday and
Tuesday shall be observed as Christmas Day and Boxing Day respectively.
(b) Where Boxing
Day falls on a Saturday, the following Monday shall be observed as Boxing Day.
(c) Where New
Year's Day falls on a Saturday or on a Sunday, the following Monday shall be
observed as New Year's Day; and the said Saturday and/or Sunday shall be deemed
not to be holidays.
(iv) By agreement
between any employer and the employees, other days may be substituted for the
said days or any of them as to such employer's undertaking.
(v) In addition,
employees on weekly hire shall be entitled to a day agreed between the union
and the employees as union picnic day without the loss of pay.
(vi) Where a public
holiday prescribed by this clause is observed on the rostered day off of a
continuous shift worker (as defined), the employee shall be paid for eight
hours at the ordinary time rate or, by agreement between the employer and the
employee, be granted a day off in lieu or have an additional day added to the
annual leave in respect of such holiday.
24. Annual Leave
(i) All full-time
weekly hired employees shall on completion of 48 weeks of work of forty hours
each with the employer, be entitled to four weeks' leave paid for at the
ordinary time rate of pay as prescribed by this award for the employee's
classification.
(ii) Subject to
subclause (iii), of this clause, annual leave shall be given and taken at such
time and in such periods as are required by the employer provided that other
than by mutual consent annual leave shall be given in one continuous period of
four weeks or not more than two periods one of which shall be not less than two
weeks in duration.
(iii) Where the
employer intends temporarily to close (or reduce to a nucleus) the
establishment or a section thereof for the purposes (inter alia) of allowing
annual leave to the employees concerned or a majority of them the employer may
give in writing to such employees one month's notice (or in the case of any
employees engaged after giving such notice, notice on the date of the
employee's engagement) that the employer elects to apply the provisions of this
subclause, and thereupon:
(a) any such
employee who at the date of closing is entitled to annual leave shall be given
such annual leave commencing on and from the date of closing and, in addition,
shall be paid holiday pay and proportionate annual leave loading for any period
of employment after the accrual of his or her right to the annual leave and up
to but excluding the date of closing;
(b) any such
employee who at the date of closing is not entitled to annual leave shall be
given leave without pay as on and from the date of closing and shall be paid
holiday pay and proportionate annual leave loading for that period of
employment since the date of commencement thereof or the accrual of his or her
last annual holiday (whichever is the later) and up to but excluding the date
of closing, together with pay for any public holiday during such leave for
which the employee is entitled to payment; and
(c) the next
annual leave qualifying period of employment for every such employee shall
commence as on and from the date of closing.
(iv) In subclause
(iii), of this clause, "date of closing" in relation to each employee
means the first day of annual leave or unpaid leave pursuant to subclause
(iii).
(v) Annual leave
shall be in addition to public holidays provided for in this award.
(vi) An employee
whose services are terminated shall be entitled to all accrued leave or payment
in lieu thereof. In respect of the time
worked since the employee's last leave entitlement date leave shall be
calculated in the proportion which that period bears to a calendar year.
(vii) A shift worker
permanently engaged on continuous rostered shifts or engaged on permanent night
shifts for the whole of the year in respect of which leave is granted shall be
entitled to five weeks' leave in lieu of four as provided in subclause (i), of
this clause, and pro-rata for any period less than one year.
25. Annual Leave
Loading
A weekly hired employee who is entitled to annual leave or
payment in lieu thereof, in accordance with the provisions of this award shall,
at the time of taking such annual leave, be entitled to an additional payment
in respect of the period of employment to which the annual leave is referable
calculated on the basis of three and one-third hours' ordinary pay for each
month of service. This clause shall not
apply to payment made in lieu of annual leave accrued due to summary dismissal
of an employee.
26. Sick Leave
(i) A
proportionate deduction shall be made from a weekly hired employee's wages for
all time lost through absence from work without leave of the employer excepting
on account of illness or accident.
(ii)
(a) When a weekly
hired employee is absent from work owing to illness or accident the employer
may require the employee to produce a doctor's certificate or other
satisfactory proof of illness.
(b) A statutory
declaration by the employee containing sufficient detail to enable the employer
to assess whether a claim for payment under this clause is established shall be
regarded as prima facie satisfactory proof in cases of up to two days' absence.
(c) An employee
shall notify the employer as to his or her inability to attend for work on
account of illness or injury. This notification shall, whenever practicable, be
within twenty-four hours of the commencement of the absence.
(iii) The employer
shall not be liable to pay a weekly hired employee for absence due to illness
unless such employee has been employed continuously for three calendar months:
Provided that once an employee has completed three continuous months of service
he or she shall be entitled, subject to this clause, to sick leave not
exceeding two and one-half days occurring during such three months' period.
(iv) Save for
accumulated sick leave and subject to this clause the employer shall not be
liable to pay a weekly hired employee for absence due to illness for more than
eight days in each year.
Provided that:
(a) A weekly hired
employee in the employ of the employer as at 25 February 1980 shall, subject to
the provisions contained in (iii), of this clause, be entitled to two
additional days leave without loss of pay, during his or her current sick leave
year.
(b) A weekly hired
employee who commences employment with the employer after 25 February 1980
shall during the first year of employment and subject to the provisions
contained in subclause (iii), of this clause, be entitled to be paid for
absence due to illness at the rate of 6.66 hours for each completed month of
service.
(c) Thereafter a
weekly hired employee shall be entitled to be paid for absence due to illness
for 10 days in each year.
(d) A weekly hired
employee who has been employed continuously by the same employer may accumulate
any unclaimed sick leave credits.
(v) The employer
shall not be liable for sick pay to any employee whose illness is due to an
injury covered by workers' compensation legislation.
(vi) "Year"
in this clause means the year of anniversary of service of the employee.
(vii) Payment of
sick leave shall be at the employee's appropriate hourly rate.
(viii) Where as a
result of an injury received in the course of employment, an employee is
required to attend at a hospital, medical clinic, industrial nurse, or
physiotherapist and such attendance is not during any period to which workers'
compensation payments or accident pay applies the employee shall be paid for
such period of absence at the appropriate hourly rate with a maximum of four
hours.
27. 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 27(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 26, 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 37, Dispute Resolution, 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
27(1)(c)(ii) above who is ill or who requires care due to an unexpected
emergency.
(3) Annual Leave
(a) An employee
may elect, with the consent of the employer to take annual leave not exceeding
ten days in single-day periods, or part thereof, in any calendar year at a time
or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(d) An employee
may elect with the employer's agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due.
(4) Time Off in
Lieu of Payment for Overtime
(a) For the
purpose only of providing care and support for a person in accordance with
subclause (1) of this clause, and despite the provisions of clause 22, Overtime,
relating to Time Off in Lieu of Overtime, the following provisions shall apply.
(b) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(c) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this subclause,
the leave is not taken for whatever reason payment for time accrued at overtime
rates shall be made at the expiry of the 12 month period or on termination.
(e) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
(7) Personal
Carers Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 27(1)(b) and 27(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 27(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.
28. Attendance at
Repatriation Centres
Employees being ex-servicemen or ex-servicewomen shall be
allowed as time worked, lost time incurred whilst
attending repatriation centres for medical examination
and/or treatment providing that:
(a) Such lost time
does not exceed eight hours on any one occasion.
(b) Payment shall
be limited to the difference between the appropriate hourly rate for the period
and any payment received from any other source in respect of such attendance.
(c) The employee
produces satisfactory evidence of the requirement to attend and proof of
attendance.
29. Accident Pay
(i) An employer
shall subject to this clause pay or cause to be paid and an employee shall be
entitled to receive accident pay in accordance with the provisions of this
award when totally or partially incapacitated whether permanently or
temporarily by injury. "Injury" and "incapacity" shall have
the same meaning as in the Workers' Compensation Act 1987.
(ii) Accident pay
shall not be payable in respect of accident or injury occurring within the
first five working days of an employee's service nor subject to 29 (iv) hereof
for the first five working days following the occurrence of an accident or
injury to the employee. The period of
accident pay for any one injury shall be limited to a total of thirty-nine weeks'
payment in respect of any one accident or injury.
(iii) The weekly
amount of accident pay to which an employee shall be entitled shall be not more
than the difference between the employee's ordinary rate (excluding shift
premiums) and the total of any sums paid to him or her under the Workers'
Compensation Act 1987, and any sums earned by him or her in the same
employment or otherwise or that he or she is able to earn from suitable
employment during such period.
(iv) Where as the
result of an injury to which this clause applies an employee is absent for more
than ten working days, the employee shall be entitled to accident pay at the
appropriate rate for the first five working days of such absence but shall not
be entitled to a total of more than thirty-nine weeks' payment.
(v) Accident pay will
not be payable in respect of any period of paid annual leave, long service
leave, sick leave or for any paid public holiday.
(vi) On an injury
occurring the employee shall give notice thereof in writing together with all
necessary details to the employer.
(vii) Nothing herein
contained shall restrict or remove the employer's right to require the employee
to submit to medical examinations pursuant to the Workers' Compensation Act
1987, and failure to so submit to examination shall entitle the employer to
cancel or suspend payments of accident pay as if such payments were payments
under such Act.
(viii) Where a
medical Referee or Board within the meaning of the Workers' Compensation Act
1987, certifies that the employee is fit for his or her employment or for
specified employment which is made available to or is available to the employee
and the employee refuses or fails to resume or perform such employment then all
payments of accident pay shall immediately cease and determine from the date of
such refusal or failure.
(ix) Where accident
pay is payable for part of a week only such payments shall be pro rata to a
full week's entitlement.
(x) When there is
a redemption of weekly payments by the payment under the Workers'
Compensation Act 1987, of a lump sum, there shall be no further liability
for Accident Pay under this clause in respect of an injury (for which weekly
payments have been recovered) from the date of the said redemption.
(xi) Notwithstanding
subclause 29 (xii) hereof, any employee who is receiving or who has received
Accident Pay in respect of an injury shall furnish all relevant information to
the employer concerning any action he or she may institute or any claim he or
she may make for damages in respect of that injury and shall if required
authorize such employer to obtain information as to the progress of such action
or claim from the employee's solicitors and shall if required provide an
irrevocable authority to the employer entitling the said employer to a charge
upon any money or moneys payable pursuant to any subsequent verdict or
settlement.
(xii) Where the
employee obtains a verdict for damages against the employer or is paid an
amount in settlement of any claim for damages that he or she has made against
the employer in respect of any injury for which he or she has received
compensation under the Workers' Compensation Act 1987, and accident pay,
such employee shall not be entitled to any further accident pay within the
meaning of this clause and shall be immediately liable upon payment to him or
her or his or her agent of such verdict for damages or amount in settlement of
a claim therefore to repay to the employer the amount of accident pay which the
employer has paid in respect of the employee's injury under this clause and hereby
irrevocably authorises the employer to retain from such verdict or amounts in
settlement such accident pay and apply it the employee’s own use.
(xiii) Where the
injury for which accident pay is paid was caused under circumstances creating a
legal liability in some person other than the employer to pay damages in
respect thereof and the employee obtains a verdict for damages or is paid an
amount of money in settlement of any claim for damages made against that other
person, such employee shall immediately upon payment of such verdict or amount
of money to him or her or his or her agent, repay to the employer the amount of
accident pay which the employer has paid in respect of the employee's injury
and the employee shall not be entitled to any further accident pay and shall
upon institution of any such claim deliver to the employer an irrevocable
authority addressed to such other person, to pay to the employer out of such
verdict or settlement the amount of accident pay.
(xiv) Any employee
who is receiving or who has received accident pay in respect of any injury
shall if required by the employer or other person on his or her behalf
authorise the employer to obtain any information required by such employer
concerning such injury or compensation payable in respect thereof from the
insurance company that is liable to pay compensation to such employee pursuant
to the Workers' Compensation Act 1987.
(xv) Nothing in this
clause shall require the employer to insure against their liability for
accident pay nor shall it affect the right of the employer to terminate the
employment of an employee.
(xvi) An employee
upon being dismissed by the employer whilst absent on workers' compensation,
shall continue to receive accident pay as prescribed herein up to a maximum of
fifty-two weeks, provided that the employee continues to receive compensation
payments as prescribed by the Workers' Compensation Act 1987.
(xvii) In the event of
the rate of compensation payable pursuant to the Workers' Compensation Act 1987,
being varied at any time after the date hereof, such variation shall not
operate so as to increase the amount of accident pay payable hereunder above
the amount that would have been payable if such rates of compensation had not
been varied.
(xviii) If the
compensation payable to an employee pursuant to the Workers' Compensation
Act 1987, is reduced by any amount by reasons of the fact that such
employee is entitled to receive accident pay or is in receipt of accident pay
then in calculating the amount of accident pay payable to such employee the
compensation payable to such employee shall be deemed to be the compensation
that would have been received if there had been no such reduction in
compensation payments.
(xix) The right to
be paid accident pay shall terminate on the death of an employee entitled
thereto and no sum shall be payable to the legal personal representative,
next-of-kin, assignee or dependant of the deceased employee, with the exception
of accident pay up to the time of death.
30. Fire Protection
(i) Fire Squad -
Wherever it is practicable to do so, a Fire Fighting Squad shall be formed at
each factory site.
(ii) Site Safety -
No employee shall smoke or have in his or her possession, custody or control,
matches, lighters or igniters in any area of the employer's premises not
designated a safe area by the employer.
31. Special Leave
(i) Jury Service:
(a) A weekly hired
employee required to attend for jury service during ordinary working hours
shall be reimbursed by the employer an amount equal to the difference between
the amount paid in respect of the attendance for such jury service and the
amount of wage that he or she would have received in respect of the ordinary
time which the employee would have worked had he or she not been on jury service.
(b) An employee
shall notify the employer as soon as possible of the date upon which he or she
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.
(c) An employee
called up and subsequently not required for jury service shall report for work
as soon as practicable after being informed that he or she is not so required.
(ii) Attendance at
Blood Bank - An employee shall not suffer any deduction in pay where during
normal working hours he or she attends the blood bank and donates blood. It shall be the responsibility of the
employee to arrange a mutually convenient time with the employer.
32. 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
prescribed in (iii) below.
(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 Clause 27, Personal/Carer's Leave of this award
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 Clause 27,
Personal/Carer’s leave of this Award. In determining such a request the
employer will consider 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 32(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 27(1)(c)(ii) of clause 27, 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.
33. Industrial
Clothing
(i) The employer
shall provide for the use of employees on site the following:
(a) Clean overalls
weekly to each employee or more frequently if necessary.
(b) As from the
date of this award, one pair of safety boots or shoes, upon request, to each
employee whose work necessitates their use.
Such boots or shoes will only be replaced once every twelve months
unless in the opinion of the employer they have worn out by usage on site.
(c) Gloves, rubber
boots and protective aprons, respirators and protective goggles upon request to
each employee whose work necessitates their use.
(d) Wet weather
clothing for yardmen when working in the rain.
(e) A cap for
employees regularly working with dry pigments.
(ii) All
industrial clothing so provided shall remain the property of the employer.
(iii) Prescription
Safety Glasses - The employer shall provide prescription safety glasses where
the employee is required to carry out any function or work in any area where
the wearing of safety glasses is a standard practice; and where such an
employee normally wears spectacles prescribed by a medical practitioner or
other qualified person.
34. Amenities
Employers shall provide for -
(a) Hot and cold
showers and hand basins to be made available for all employees.
(b) Nail brushes,
towels and soap shall be supplied weekly to all employees by the employer.
(c) Suitable
lavatory and changing room facilities.
(d) Lockers for
protection of clothing.
(e) Lunch rooms.
(f) sufficient
supply of boiling water.
(g) Suitable
first-aid kits.
(h) A notice board
in the lunch room.
35. Right of Entry of
Union Officials
(i) For the
purpose of interviewing employees on legitimate union business a duly
accredited union representative shall have the right to enter an employer's
premises during normal working hours at a mutually convenient prearranged time
on the following conditions:
(a) That the
representative produces his or her authority to the manager of such premises or
such other person as may be appointed by the employer operating such premises.
(b) That the
representative interviews employees only at a place nominated by the employer.
(c) That the
representative informs the employer of the nature of the business to be
discussed.
(d) That if an
employer alleges that a representative is unduly interfering with the operation
of the premises or is creating dissatisfaction amongst the employees or is
offensive in his or her methods or is committing a breach of any of the
previous conditions, such employer may refuse the right of entry but the
representative shall have the right to bring such refusal before the
Commission.
(ii) A union
representative shall be a duly accredited representative of the union if such
representative be the holder for the time being of a certificate signed by the
branch secretary of that organisation and bearing the seal of that
organisation.
36. Inspections
Subject to prior consent having been given, an employer
shall have the right to inspect the contents of bags, containers, materials or
vehicles being brought on to or about to be taken off a site.
37. Disputes
Resolution
(i) Where an
employer or the union is faced with a dispute or a situation likely to lead to
a dispute, he/she or it (as the case may be) shall, without prejudice to
his/her or its rights and duties under the Act, immediately advise the union or
the employer, as the case may be, and the parties shall forthwith confer.
(ii) All disputes
(other than a dispute on a genuine safety issue) shall be resolved without
interruption to normal work.
(iii) Disputes
shall be dealt with in the following manner as swiftly as circumstances permit:
(a) Discussions
shall firstly be between the union delegate and the nominated company
representative.
(b) If unresolved,
discussions shall then be between the State Branch of the union and the company
concerned.
(c) If unresolved,
discussions shall then be between the Federal Office of the union and the
employer organisation representing the company.
(d) If still then
unresolved, any party may refer the matter to the Industrial Commission of New
South Wales.
(iv) Where a
dispute arises due to a summary termination, then, provided there is no ban or
work stoppage at the site, the employer concerned may arrest the summary
termination and place the employee involved under suspension while the
circumstances are discussed between the employer and the union. An employee so
suspended shall not attend the work site but shall be entitled to his/her
ordinary rate of pay for up to 10 working days or such earlier date as the
employer and the union reach agreement on the matter.
(v) Notwithstanding
the above, an employer and employees may agree, at the level of enterprise, to
deal with grievances in an alternative manner (in whole or in part).
38. Industry Meetings
(i) Meetings of
Employees - Where the union calls a meeting of all employees in the industry to
discuss a change of significance to this award and such meeting is to be during
ordinary working hours, then employees attending the Meeting shall do so
without loss of ordinary pay subject to the following:
(a) The time and
date of the meeting shall be discussed between the union and the employer.
(b) The meeting
shall be held between Monday and Friday, inclusive.
(c) Where such a
meeting is held in the forenoon employees shall resume normal work immediately
after the meeting and not later than normal resumption time after the midday
meal period.
(d) An employer
shall not be liable to pay an employee for more than two such meetings in any
one year, nor for more than three hours ordinary time in respect of each
meeting.
(e) An employee
shall establish to the satisfaction of the employer that he or she attended the
meeting. For the purposes of this subclause an attendance sheet or record with
the employee's name clearly printed and signed by the employee and stamped and
dated by the union will be satisfactory compliance.
(ii) Delegates'
Meetings - The delegate representing members of the union at the site of an
employer shall be entitled to the benefit of subclause (i), of this clause,
subject to the same provisos, save that such delegate's entitlement shall be in
respect of four meetings per year in lieu of two as set out in subclause (i)
(d), of this clause.
(iii) Commission
Dispute Hearings - Where a dispute under this award has been referred to the
Commission and the employer concerned agrees it will assist in obtaining a
resolution that the site delegate attend proceedings at the Commission, then
such delegate will not incur loss in ordinary time pay in respect of such
attendance.
39. Travelling and
Fares
(i) An employee
temporarily transferred to a work site located away from the normal work site,
which involves the employee having to pay a higher fare in proceeding to and
from his or her home, shall be reimbursed such excess fare. Provided that where, by agreement between an
employer and an employee so transferred, the employee use his or her own
vehicle, such employee shall in lieu of excess fares be entitled to an amount
per kilometre as set out in Item 6 of Table 3 - Allowances, of Part B, Monetary
Rates, in respect of each kilometre necessarily travelled in excess of the
distance to and from his or her home and the normal work site.
(ii) An employee
required to travel from the normal work site to another work site shall be
reimbursed fares, or where, by agreement, the employee uses his or her own
vehicle, such employee shall be entitled to an amount as set out in Item 7 of
Table 3 for each kilometre necessarily travelled to and from that other site.
40. Trade Union
Training
Employees nominated by the union to attend during ordinary
working hours the recognised trade union training centre do so without loss of
ordinary pay subject to the following:
(a) That the
employer concerned receive written notice of nomination from the union, setting
out the times, dates, content and venue of the course.
(b) That not more
than one person at a time from any one site shall be nominated and not more
than 15 days shall be approved by a company.
(c) Attendance at
an approved course or number of courses shall be for periods agreed between the
union and the employer provided that attendance at such approved course or
courses does not exceed 15 days in the aggregate per year.
(d) That the
employer is satisfied that the course is of such a nature as to be calculated
to assist in reducing labour disputes and in advancing industrial relations in
the industry.
41. Job Delegates
(i) An employee
appointed job delegate in the shop or department in which he or she is employed
shall upon notification thereof to the employer, be recognised as the
accredited representative to the employer, of the union to which he or she
belongs. An accredited job delegate shall be allowed the necessary time during
working hours to interview the employer or the employer's representative on
matters affecting employees whom he or she represents.
(ii) Subject to
the prior approval of the employer, an accredited job delegate shall be allowed
at a place designated by the employer a reasonable period of time during
working hours to interview a duly accredited union official of the union to
which he or she belongs on legitimate union business.
42. Redundancy
(i) Application
(a) This clause
shall apply in respect of full-time and part-time employees employed in the
classifications specified by this award.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such step as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific period
of time or for a specified task or tasks or where employment is terminated due
to the ordinary and customary turnover of labour.
(ii) Introduction
of Change
(a) Employer's
Duty to Notify
(1) Where an
employer has made a definite decision to introduce major changes in production,
programme, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(2) Significant
effects include termination of employment, major changes in the composition,
operation or size of the employer's workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job tenure,
the alternation 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
alternation of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(b) Employer's
Duty to Discuss Change
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (a) of
this subclause, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in paragraph (a) of this
subclause.
(3) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees;
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iii) Redundancy
(a) Discussions
Before Terminations
(1) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to paragraph (a)
of subclause (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.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph (1) of
this paragraph and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(3) For the purposes
of the discussion the employer shall, as soon as practicable, provide to the
employees concerned and the union to which they belong, all relevant
information about the proposed terminations, including the reasons for the
proposed termination, the number and categories of employees likely to be
affected and the number of workers normally employed and the period over which
the terminations are likely to be carried out. Provided that any employer shall
not be required to disclose confidential information the disclosure of which
would adversely affect the employer.
(iv) Termination of
Employment
(a) Notice for
Changes in Production, Programme, Organisation or Structure - This paragraph
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, programme, organisation or structure in
accordance with paragraph (a) of subclause (ii) of this clause.
(1) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
Period of continuous service
|
Period of notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years continuous service, shall be entitled
to an additional week's notice.
(3) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(b) Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from technology in
accordance with paragraph (a) of subclause (ii) of this clause:
(1) In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
(2) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(c) Time off
During the Notice Period
(1) During the
period of notice of termination given by the employer an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(d) Employee
Leaving During the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such
notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(f) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify the Centrelink as soon as possible, giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(g) Centrelink
Employment Separation Certificate - The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an Employment Separation Certificate in the form required by the
Centrelink.
(h) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in subparagraph (1) of paragraph (a) of subclause (ii),
Introduction of Change, of this clause, the employee shall be entitled to the
same period of notice of transfer as the employee would have been entitled to
if the employee's employment had been terminated and the employer may, at the
employer's option, make payment in lieu thereof of an amount equal to the
difference between the former ordinary time rate of pay and the new
ordinary-time rates for the number of weeks of notice still owing.
(v) Severance Pay
-
(a) Where an
employee is to be terminated pursuant to subclause (iv) of this clause, subject
to further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the following severance pay in respect of a continuous
period of service:
(1) If an employee
is under 45 years of age, the employer shall pay in accordance with the following
scale:
Years of service
|
Under 45 years of
age entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(2) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of service
|
45 years of age and
over entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
"Week's Pay" means the all-purpose rate of
pay for the employee concerned at the date of termination and shall include, in
addition to the ordinary rate of pay, overaward payments, shift penalties and
allowances paid in accordance with this award
(b) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) of this
subclause. The Commission shall have
regard to such financial and other resources of the employer concerned as the
Commission thinks relevant and the probable effect paying the amount of
severance pay in the said paragraph (a) will have on the employer.
(c) Alternative
Employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in the said paragraph.
(a) if the
employer obtains acceptable alternative employment for an employee.
(vi) Procedures
Relating to Grievances - Grievances relating to individual employees will be
dealt with in accordance with clause 37, Disputes Resolution.
43. 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).
44. 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 responsibility 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 of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(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.
(vi) NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
Section 56(d) of the Anti-Discrimination Act 1977 provides:
(b) "Nothing
in the Act affects any other act or practice of a body established to propagate
religion that conforms to the doctrines of the religion or is necessary to
avoid injury to the religions susceptibilities of the adherents to that
religion".
45. Superannuation
(i) Definitions:
"P.M.I.S.S." means Paint Manufacturing Industry Superannuation
Scheme.
(ii) Eligibility
of Employees: An employee shall be eligible for membership of P.M.I.S.S on the
first day of the month following the completion of one calendar month's
employment.
(iii) Eligibility
of Employers: Employers bound by this award shall become parties to P.M.I.S.S.
upon the acceptance by the Trustees of P.M.I.S.S. of a Deed of Adherence to
that Scheme, duly signed by the employer and the Trustee. It is a condition of this clause that the
terms of P.M.I.S.S. be in accordance with the Commonwealth's Operational
Standards for Occupational Superannuation Funds.
(iv) Contributions:
(a) On behalf of
each full-time employee member of P.M.I.S.S. each participating employer shall
pay to the Trustee of the respective Scheme contributions at the rate of $15.50
per week, and on behalf of each part time employee member of P.M.I.S.S. each
participating employer shall pay to the Trustee of the Scheme contributions at
the rate of $3.10 per day employed or part thereof.
(b) Contributions
shall be made in respect of each completed week of service for which an
employee is a member of P.M.I.S.S.
(c) Upon an
employee being admitted as a member of P.M.I.S.S. the employer shall pay to the
Trustee of the scheme appropriate
contributions for the previous calendar month.
(d) A pro rata
deduction shall be made from the weekly contribution for each complete day an
employee is absent from work without authorisation.
46. Basis of Award
and Leave Reserved to Apply
In order to maintain uniformity in the industry, this award
is based on the Australian Paint Industry Award 2000.
Leave is reserved to the parties to apply at any time for a
variation of this award in order to make the rates and conditions of work
uniform with the said award of the Industrial Relations Commission so that the
uniformity in the industry dealt with by this award may be maintained.
47. Union Dues
(i) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the employer to make such deductions in accordance with
subclause (ii) herein;
(b) The Union
shall advise the employer of the amount to be deducted for each pay period
applying at the employer’s workplace and any changes to that amount;
(c) deduction of
union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be
no requirement to make deductions for casual employees with less than two
months’ service (continuous or otherwise).
(ii) The
employee’s authorisation shall be in writing and shall authorise deduction of
an amount of Union fees (including any variation in that fee effected in
accordance with the Union’s rules) that the Union advises the employer to
deduct. Where the employee passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the employer without first obtaining the employee’s consent
to do so. Such consent may form part of the written authorisation.
(iii) Monies so
deducted from employees’ pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer’s election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees’ membership accounts, provided that:
(a) where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five percent of the monies deducted; and
(b) where the
employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where the
employee has already authorised the deduction of Union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
(v) The Union
shall advise the employer of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in
the form of a schedule of fees to be deducted specifying either weekly,
fortnightly, monthly or quarterly as the case may be. The Union shall give the
employer a minimum of two months’ notice of any such change.
(vi) An employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership
fees.
(vii) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the employee in writing of the need to revoke the authorisation to the employer
in order for payroll deductions of Union membership fees to cease.
(viii) This clause
shall take effect:
(i) In the case
of employers which currently deduct Union membership fees, or whose payroll
facilities are carried out by way of an outsourcing arrangement, or whose
payroll calculations are made through the use of computerised means, from the
beginning of the first pay period to commence on or after 3 December 2003;
(ii) In the case
of employers who do not fall with sub-paragraph (i) above, but who currently
make deductions, other than Union membership fee deductions or mandatory
deductions (such as taxation instalments or superannuation contributions) from
employees’ pay, or have in place facilities to make such deductions, from the
beginning of the first pay period to commence on or after 3 March 2004;
(iii) For all other
employers, from the beginning of the first pay period to commence on or after 3
June 2004.
48. 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 Paint
and Varnish Makers, &c. (State) Award published 2nd November 2001 (329 I.G.
131), 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 5th 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 classes of persons provided for herein
within the jurisdiction of the Paint Industry (State) Industrial Committee.
Paint, Varnish
Makers, &c. (State) Industrial Committee Industries and Callings
Makers of paint, varnish, lacquer and lacquer thinners, dry
colours, white lead, red lead, and zinc white, and colour card and slat makers
employed in connection therewith, lead corroders, mill hand and assistants and
laboratory attendants, laboratory assistants and laboratory testers employed in
connection with the manufacture of paint and varnish in the State excluding the
County of Yancowinna;
Excepting -
Carters, grooms, stablepersons, yard persons, and drivers of
motor and other power-propelled vehicles; Engine drivers and firepersons,
greasers, trimmers, cleaners, and pumpers engaged in or about the driving of
engines, electrical and oil-driven cranes (including mobile cranes), winch and
motor drivers; Storemen and Packers;
Excepting also employees of -
The Council of the City of Sydney;
And excepting further -
All employees within the Jurisdiction of the Wire Netting
Makers, &c.
(Lysaghts) Conciliation Committee.
PART B
MONETARY RATES
Table 1 - Wage
Rates
Classification
Grade
|
Former rate of pay
|
SWC - 2007
|
Total rate per week
|
|
per week
|
|
|
|
$
|
$
|
$
|
1
|
554.20
|
20.00
|
574.20
|
2
|
566.20
|
20.00
|
586.20
|
3
|
577.70
|
20.00
|
597.70
|
4
|
598.60
|
20.00
|
618.60
|
5
|
626.30
|
20.00
|
646.30
|
Table 2 - Wage
Rates - Laboratory Employees
Classification
Grade
|
Former rate of pay
|
SWC - 2007
|
Total rate per week
|
|
per week
|
|
|
|
$
|
$
|
$
|
1
|
554.20
|
20.00
|
574.20
|
1A
|
566.20
|
20.00
|
586.20
|
2A
|
577.70
|
20.00
|
597.70
|
2B
|
639.90
|
20.00
|
659.90
|
2C
|
658.80
|
20.00
|
678.80
|
3
|
679.60
|
20.00
|
699.60
|
4
|
700.50
|
20.00
|
720.50
|
5
|
742.20
|
20.00
|
762.20
|
6
|
783.90
|
20.00
|
803.90
|
7
|
804.80
|
20.00
|
824.80
|
Table 3 -
Allowances
Item
No.
|
Clause
No.
|
Brief Description
|
Amount
|
|
|
|
($)
|
1
|
5(i)(a)
|
Leading Hand: 1-10 employees
|
30.60
|
2
|
5(i)(b)
|
Leading Hand: 11 or more employees
|
43.42
|
3
|
5(ii)
|
Storeperson Working Singly
|
16.38
|
4
|
8(ii)
|
First Aid Allowance
|
15.67
|
5
|
17
|
Meal Allowance
|
12.53
|
6
|
39(i)
|
Excess fares - transfer
|
0.63 km
|
7
|
39(ii)
|
Excess fares normal work site
|
0.63 km
|
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.