Printing
Industries (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1635 of 2007)
Before Commissioner
Macdonald
|
16 January 2008
|
REVIEWED
AWARD
1. Insert in
numerical order in the Arrangement of the award published 9 November 2001 (329
I.G. 391), the following new clause number and subject matter:
8A. Secure
Employment
2. Insert after
clause 8 Casual Employees, the following new clause.
8A. Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer's workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this subclause 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 AN'I'A Ministerial Council.
3. Delete the
words "contact" in paragraph (v) of subclause (l) Apprenticeships of clause 10 Payment of Wages and Pay Day, and insert in lieu
thereof the following:
"contract"
4. Delete the
words "wok" in paragraph (xi) of subclause (l) of the said clause 10,
and insert in lieu thereof the following:
"work"
5. Delete the
words "Rising" in subparagraph (1) of paragraph (ii) of subclause (d)
of clause 32 Piece Work, and insert in lieu thereof the following:
"Riding"
6. Delete the
words "Printing Industry Association" in paragraph (iv) of subclause
(g) Artist and/or Designer (including Commercial Artist), in clause 34,
Limitation of Employment of Juniors, and insert in lieu thereof the following:
"Printing Industries Association of
Australia"
7. Delete the
words "See Factories, Shops and Industries Act 1962 and regulations
made thereunder" in paragraph (i) of subclause (a) First Aid Chest, in
clause 38 First Aid, and insert in lieu thereof the following:
"See Occupational Health and Safety Act 2000,
Occupational Health and Safety Regulation 2001"
8. Delete the
words "the Factories, Shops and Industries Act 1962, and
regulations made thereunder" in paragraph (v) of subclause (b) of the said
clause 38, and insert in lieu thereof the following:
"the Occupational Health & Safety Act
2000, Occupational Health and Safety Regulation"
9. Delete the
words "Employers First" in clause 45 Exemption, and insert in lieu
thereof the following:
"Australian Federation of Employers and
Industries"
10. Delete the 7th
and 9th paragraph in clause 49, Area, Incidence and Duration, and insert in
lieu thereof respectively the following:
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 16 January 2008.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
A.
MACDONALD, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.