Aerated
Waters, &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 1520 of 2007)
Before Commissioner
Bishop
|
14 March 2008
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Anti-Discrimination
3. Terms of
Employment
4. Hours and Shift
Work
5. Wages
6. State Wage Case
Adjustments
7. Proportion of
Juniors
8. Overtime
9. Meal Allowance
10. Holidays and
Sundays
11. Annual Leave
12. Sick Leave
13. Personal/Carers’
Leave
14. Bereavement
Leave
14A. Parental leave
15. Mixed Functions
16. Clothing, Boots,
etc
17. Accident Pay
18. First Aid Kit
19. Time and Wages
Sheets
20. Union Officials
21. Exhibition of Award
22. Call Back
23. Payment of Wages
24. Dispute
Resolution
25. Redundancy
26 Traineeships
27. Secure
Employment
28. Area, Incidence
and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART A
1. Definitions
"Storeman" means a person primarily concerned with
manufacturing operations.
"Assistant Syrup Maker" means an employee other
than one covered in Classifications 1 or 3 who is involved in the syrup process
after the preparation of simple syrup.
"Routine In-line Tester" means an employee who in
the course of or in addition to, other duties pursuant to this award shall
perform product tests of a routine and/or simple nature as prescribed by the
employer. This classification shall not refer to persons under the control of
the quality control section or in the laboratory.
"Union" means the Australian Liquor, Hospitality
and Miscellaneous Workers Union, New South Wales Branch.
2.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms and 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 intends to make or has been involved in a complaint of unlawful
discrimination or harassment.
(iv) Nothing in
this clause is 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
parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
3. Terms of
Employment
(i) Except as
provided in subclause (ix) of clause 5, Wages, of this award, employment shall
be on a weekly basis.
(ii) Employees
shall perform such work as the employer shall from time to time reasonably
require and an employee not attending for or not performing his/her duly shall
lose his/her pay for the actual time of such non-attendance or non-performance.
(iii)
(a) The employment
of all employees, except casual employees, shall be terminated by a week’s
notice on either side given at any time during the week; or by the payment or
forfeiture of a week’s wages from any moneys due under this award as the case
may be.
(b) For the
purpose of this award, notice given within a period not exceeding 3 hours after
the rostered starting time on any working day shall be regarded as a full day'’
notice; provided that notice shall not be given on either side whilst an
employee is on paid sick leave, annual leave or long service leave except in
the case of misconduct.
(iv)
(a) This clause
shall not affect the right of an employer to deduct payment for any day or
portion thereof during which the employee is suspended as a result of refusal
of duty, inefficiency during the first 14 days of employment, neglect of duty
or misconduct on the part of the employee cannot be usefully employed because
of any strike or through any breakdown of machinery or due to any cause for
which the employer cannot reasonably be held responsible. Any suspended employee who informs his/her
employer within a period of 24 hours after he/she is suspended that he/she
prefers to terminate his/her employment without notice, shall be paid all
moneys due including annual leave up to the time he/she is notified of his/her
suspension.
(b) Any dispute
arising from any such suspension shall be referred to the Industrial Relations
Commission of New South Wales.
(c) This clause
shall not affect the right of an employer to dismiss an employee without notice
for refusal of duty, inefficiency during the first 14 days of employment,
neglect of duty or misconduct, and in such cases the wages shall be payable up
the time of dismissal only.
(v) An employee
shall within 24 hours of the commencement of any absence inform his/her
employer of the absence. In the absence
of notification he/she shall be deemed to have abandoned his/her employment
without notice.
4. Hours and Shift
Work
(i) Each employee
shall have fixed starting and finishing times alterable at seven days’ notice
except in the case of emergency when 48 hours notice may be given; provided
that a change in the weather cannot be considered as an emergency.
(ii) The ordinary
hours of labour of day workers shall be 40 per week Monday to Friday,
inclusive, 8 hours each day exclusive of meal interval. The said hours shall be worked within the
range of hours from 6am to 5pm.
(iii) Meal
intervals for day workers shall not be less than 30 or more than 60 minutes.
(iv) An employee
shall not be required to take a meal within 4 hours of his/her ordinary
starting time or work longer than 5 hours from his/her ordinary starting time
without a lunch break; provided that where it is not possible to grant a meal
interval at the usual time an employee shall be paid at overtime rates as prescribed
in clause 8, Overtime, of this award from the beginning of the usual meal
interval until released for a meal.
(v) The ordinary
hours of labour of shift workers may be worked in two or three shifts but shall
not exceed -
(a) 8 consecutive
hours during any consecutive 24 hours; or
(b) 40 hours in
any one week.
(vi) Shift workers
shall be allowed 20 minutes crib time which shall be counted as time worked.
(vii)
(a) Shift workers
whilst on afternoon shifts, that is any shift finishing after 6pm and at or
before midnight shall be paid 15 per cent more than the ordinary rate for such
shift.
(b) Shift workers
may be employed on a non-rotating night shift that is a shift finishing after
midnight and at or before 8am and shall be paid 30 per cent more than the
ordinary rate for all ordinary time worked between midnight Sunday and midnight
Friday and 50 per cent more than the ordinary rate for all ordinary time worked
between midnight Friday and 8 am on Saturday.
5. Wages
(i) The minimum
weekly rates of pay shall be those contained in Table 1 - Wages, of Part B,
Monetary Rates.
(ii) Juniors - The
minimum rates of wages to be paid to juniors shall be the money equivalent of
the undermentioned percentages of the total rate prescribed for classification
3 in the said Table 1. The said
calculations shall be taken to the nearest five cents, any broken part of five
cents in the result not exceeding two cents to be disregarded.
Age
|
Percentage of adult
rate for classification 3
|
Under 16 years of
age
|
55
|
At 16 years of age
|
70
|
At 17 years of age
|
85
|
At 18 years of age
|
Appropriate adult
rate of pay
|
(iii) Caustic Soda
- Employees handling caustic soda shall be paid an amount as set out in Item 1
of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, per hour
extra for the time so engaged.
(iv) Cold Rooms -
Employees working in a cold room where the temperature is below 1.667 degrees
Celsius shall be paid an additional amount as set out in Item 2 of the said
Table 2 per hour extra whilst so employed. Where the work continues for more than one hour, employees shall
be allowed a rest period of ten minutes every hour without loss of pay.
(v) Leading Hand -
that is an employee who is authorised to exercise and who does exercise
supervision:
Over the work of three to ten employees, shall be paid
an amount per week extra as set out in Item 3 of the said Table 2;
Over the work of more than ten employees, shall be paid
an amount per week as set out in the said Item 3.
(vi) First-aid
Attendant - An employee appointed by the employer as a first-aid attendant
shall be paid the sum per day or per shift as set out in Item 4 of the said
Table 2 in addition to the wage rate for his/her classification prescribed by
this award.
(vii) The extra
hourly rate or daily rates prescribed in subclause (ii), (iv) and (vi) of this
clause shall be paid irrespective of the times on which the work is performed
and shall not be subject to any premium or penalty additions.
(viii) Jury Service -
An employee required to attend for jury service during his/her ordinary working
hours shall be reimbursed by the employer an amount equal to the difference
between the amount paid in respect of his/her attendance for such jury service
and the amount of wage he/she would have received in respect of the ordinary
time he/she would have worked had he/she not been on jury service. An employee shall notify his/her employer as
soon as possible of the date upon which he/she is required to attend for jury
service. Further, the employee shall
give his/her employer proof of his/her attendance, the duration of the such
attendance and the amount received in respect of such service.
(ix) Casual Work -
(a) A casual
employee shall mean and be deemed to be an employee engaged for a period of
less than one full working week. Such
casual employee’s rate shall be the ordinary wages herein provided for similar
weekly employees, plus 20 per cent additional.
The minimum payment shall be the equivalent of four hours worked.
(b) The hours of
labour and conditions as to the time off shall be the same for casual as for
other employees. Where a casual
employee is worked outside the ordinary hours of employment, the appropriate
overtime rates shall apply as prescribed by clause 8, Overtime, based on the
casual rate as herein prescribed.
6. State Wage Case
Adjustments
The rates of pay in this award include the adjustments
payable under the State Wage Case of 2007.
This adjustment may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
7. Proportion of
Juniors
The proportion of juniors to adults employed shall not
exceed one junior to three or fraction of three adults employed in each establishment.
8. Overtime
(i) All work
performed in excess of 8 hours per day or per shift or outside of the fixed
starting and finishing times shall be overtime and shall be paid for at the
rate of time and a half for the first three hours and double time thereafter.
(ii) An employee
required to work overtime on Saturday shall be paid at least 4 hours at the
appropriate rate except where such overtime is continuous with overtime
commenced on the previous day.
(iii) In computing
overtime each day or shift shall stand-alone.
(iv) If an employee
is so long on overtime duties that he/she has not had ten consecutive hours’
rest between the termination of his/her ordinary work on one day and the
commencement of his/her ordinary work on the next day, he/she shall be allowed
at least ten consecutive hours’ rest without deduction of pay or shall be paid
at overtime rates for all time of duty until he/she has had at least ten
consecutive hours’ rest. The provision
of this subclause shall apply in the case of shift workers as if eight hours
were substituted for ten hours when overtime is worked -
(a) for the
purpose of changing shift rosters; or
(b) where a shift
worker does not report for duty and a day worker or a shift worker is required
to replace such shift worker; or
(c) where a shift
is worked by arrangement between the employees themselves.
(v) An employee
working overtime after ordinary finishing time shall be allowed a crib time of
twenty minutes without deduction of pay after each four hours of overtime
worked if required to work beyond such crib break.
(vi) When an
employee, after having worked overtime, finishes work at a time when reasonable
means of transport are not available, the employer shall provide him/her with a
conveyance to reach a point where reasonable means of transport are available
or if no such transport is available, to his/her home, or shall pay him/her
ordinary time for the time reasonably occupied in reaching his/her home.
9. Meal Allowance
An employee required to work overtime in excess of one and
one half hours after the usual finishing time without having been notified on
the previous day that he or she would be so required, shall either be supplied
with a meal or be paid $1.91 by the employer, and a further meal allowance of
$1.91 after a further four hours’ overtime has been worked.
10. Holidays and
Sundays
(i) For the
purpose of this award the days generally observed as the following shall be
holidays:
New Year’s Day, Anniversary Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Labour
Day, the third Monday in February, Sovereign’s Birthday, Christmas Day,
Boxing Day, and any other day or days proclaimed or gazetted as public holidays
for the state.
(ii) If any of the
said named days fall on a Sunday and no weekday is generally observed as such
day, a week day in lieu thereof shall be allowed to each employee, and shall in
respect of such employee be treated as if it were such named day: Provided that this subclause shall not apply
to Anzac Day.
(iii) No deduction
shall be made from the wage of any employee engaged by the week because of
absence from work on a holiday.
(iv) An employee
who, without the permission or without reasonable cause, is absent on the
working day immediately preceding or the working day immediately following an
award holiday shall not be entitled to payment for such holiday.
(v) No deliveries,
other than to sporting functions and other special functions, shall be made on
Sunday, or any holiday except New Year’s Day and Easter Monday.
(vi) All work
performed on Sunday shall be paid for at the rate of double time and all work
performed on holidays provided for by this award shall be paid for at the rate
of double time and a half with a minimum payment of four hours in either case.
(vii) An employer
and an employee, or an employer and the majority of employees in an
establishment, may agree to observe an alternative day as a holiday, in lieu of
the third Monday in February.
(viii) Where the
service of a weekly employee is terminated through no fault of the employee
within one week of a holiday or holidays and that employee is re-employed
within one month of the holiday of holidays the employee shall be entitled to
payment for the said holiday or holidays; provided that such employee has been
employed for a period of three months prior to the termination.
11. Annual Leave
The provisions of the Annual Holidays Act 1944 shall
apply.
(i) Annual
Holiday Loading - Payment for the first week of leave taken in respect of any
qualifying twelve-month period shall be subject to a loading of one week’s
pay. Where an employee’s service is
terminated for reasons other than misconduct and the employee has given not
less than eight weeks, continuous service he/she shall be paid the loading on a
pro rata basis in the proportion that his/her service bears to a full year’s
service at the rate of one week’s pay for a full year’s service. Where the period included a full year’s
service he/she shall be entitled to a week’s pay as a loading in respect of
that period without regard for the reason for termination.
12. Sick Leave
An employee on weekly hiring who is absent from his/her work
on account of personal illness, or on account of injury by accident arising out
of and in the course of his/her employment, shall be entitled to leave of
absence without deduction of pay subject to the following conditions and
limitations:
(i) He/she shall
not be entitled to paid leave of absence for any period in respect of which
he/she is entitled to workers' compensation.
(ii) He/she shall,
within 24 hours of the commencement of such absence inform the employer of
his/her inability to attend for duty and, as far as practicable, state the
nature of the injury or illness and estimated duration of the absence. An employee
is not required to inform the employer of these details where it is proved, to
the satisfaction of his/her employer, that such notice was not reasonably
practicable.
(iii) He/she shall
prove to the satisfaction of his/her employer (or in the event of a dispute, of
the Industrial Relations Commission of New South Wales ) that he/she as unable,
on account of such illness or injury, to attend for duty on the day or days for
which sick leave is claimed.
(iv) He/she shall
not be entitled during his/her first year of any period of service with an
employer to leave in excess of forty hours of working time; provided that
during the first six months of the first year of any period of service with an
employer, he/she shall be entitled to sick leave which shall accrue on a pro
rata basis of 3.33 hours of working time for each month of service completed
with that employer: Provided further
that on application by the employee during the seventh month of employment and
subject to the availability of an unclaimed balance of sick leave the employee
shall be paid for any sick leave taken during the first six months in respect
of which payment was not made.
(vi) On the first
day of his/her second and subsequent years of service he/she shall qualify for
a further entitlement of sick leave at the rate of 64 hours for each year of
service.
(vi) Sick leave
shall accumulate from year to year and any balance not taken shall be available
subject to the provision of subclauses (i), (ii), (iii) and (vii), of this
clause.
(ix) Single Day
Absences -
(a) An employee
shall be allowed three single days sick leave in any one qualifying year
without a medical certificate. For absences requiring a medical certificate,
the employer may agree to accept a Statutory Declaration in lieu of a medical
certificate.
13. 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 13(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 12, 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 24, 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
13(1)(c)(ii) above who is ill or who requires care due to an unexpected
emergency.
(3) Annual Leave
(a) An employee
may elect, with the consent of the employer to take annual leave not exceeding
ten days in single-day periods, or part thereof, in any calendar year at a time
or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(d) An employee
may elect with the employers agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due.
(4) Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate, which would have been
applicable to the hours taken off.
(6) Personal
Carers Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 13(1)(b) and (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 (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.
14. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, up to and including the day of the funeral, on
each occasion of the death of a person within Australia as prescribed in
subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 13, Personal/Carer’s
Leave, provided that, for the purpose of bereavement leave, the employee need
not have been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4) and (5) of the said clause 13.
In determining such a request, the employer will give consideration to
the circumstances of the employee and the reasonable operational requirements
of the business.
(vi) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 14(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 13(1)(c)(ii) of clause 13, 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.
14A. 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).
15. Mixed Functions
(i) Where an
employee is called upon to perform two or more classes of work in any one day,
he or she shall for the purpose of assessing wages to be paid, be deemed to
have worked the day at the class for which the highest rate of wages is
prescribed.
(ii) A higher paid
employee shall, when necessary temporarily relieve a lower paid employee
without loss of pay.
16. Clothing, Boots,
Etc.
(i)
(a) Where it is
necessary for an employee to wear protective clothing boots or clogs, they
shall be provided by the employer. The question as to whether protective
clothing or boots or clogs are necessary for any employee shall be settled by
agreement between the employer and the union.
(b) Where employees
are required by the employer to wear special clothing supplied by the employer
then the employer shall launder such special clothing.
(ii) Wet weather
clothing for motor wagon drivers: Where an employee is required by his/her
employer to continually work in conditions in which, because of their nature,
his/her clothing could become saturated, he/she shall be provided with suitable
protective clothing free of cost. Such protective clothing shall remain the
property of the employer, and the employee shall be liable for the cost of
replacement of any article of protective clothing which is lost, destroyed or
damaged through the negligence of the employee.
(iii) Freezing or
cold rooms employees shall be provided with suitable protective clothing.
(iv) All employees
working on bottling machines or required to bring their hands in contact with
broken glass shall be supplied with suitable protective gloves by the employer.
17. Accident Pay
(i) For the
purposes of this clause and subject to the terms of this clause the words
hereunder shall bear the respective definitions set out hereunder -
"The Act" - The Workers Compensation Act
1987 (as amended) of the State of New South Wales
"Accident Pay" -
(a) In the case of
an employee who is or is deemed to be totally incapacitated within the meaning
of the Act means a weekly payment of an amount representing the difference
between on the one hand, the total amount of compensation including other
allowances paid to the employee during incapacity pursuant to section 9 of the
Act for the week in question and on the other hand the total 40 hours weekly
award rate and weekly over-award payment being paid to such employee at the
date of the injury giving rise to the said payments of compensation together
with or less, as the case may be, any variation in award rates which would have
been applicable to the classification of such employee for the week in question
if he/she had been performing his/her normal duties providing further that in
making such calculation any payment for overtime earnings, shift allowance, or
other disability allowances (that is any allowances that an employee does not
normally receive when he/she is absent from work with pay), fares and
travelling time allowances and any other ancillary payments payable by the employer
shall not be taken into account; or
(b) In the case of
an employee partially incapacitated within the meaning of the Act means a
weekly payment of an amount representing the difference between on the one
hand, the total amount of compensation paid to the employee during incapacity
pursuant to section 11 (1) of the Act for the week in question together with
the average weekly amount he/she is earning or is able to earn in some suitable
employment or business as determined expressly or by the implication by the
Workers' Compensation Commission of New South Wales or as agreed between the
parties and on the other hand the total 40 hour weekly award rate and weekly
overaward payment being paid to such employee at the date of the injury giving
rise to the said payments of compensation together with or less, as the case
may be, any variation in award rates which would have been applicable to the
classification of such employee for the week in question if he/she had been
performing his/her normal duties providing that in making such calculation any
payment for overtime earnings, shift allowance, or other disability allowances
(that is any allowances that an employee does not normally receive when he/she
is absent from work with pay), fares and travelling time allowances and any
other ancillary payments payable by the employer shall not be taken into
account, subject to the proviso that where in respect of any claim for
compensation brought by an employee in the Workers' Compensation Commission
pursuant to section 11 (1) of the Act the Commission awards to him/her an
amount of weekly compensation or agreement is reached that the employee should
receive a weekly amount of compensation less than the difference referred to in
section 11 (1) of the Act, such an award
or agreement will not operate to increase any liability of the employer to pay
any higher amount of accident pay pursuant to this agreement by reason of the
employee receiving less than the said difference referred to in section 11 (1)
of the Act and for the purpose of this calculation the employee in such event
shall be deemed to have recovered the full amount of the difference referred to
in section 11 (1) of the Act.
For the purposes of (a) and (b) of this definition
where an employee receives remuneration by way of any form of bonus scheme in
lieu of or in addition to over-award payments his/her weekly over-award payment
shall be deemed to be or include the average weekly bonus earned by him/her
during the 52 weeks; period immediately preceding the date of the injury or
during the whole period of his/her employment, whichever is the lesser period.
"Injury"- Injury means any injury within the
meaning of the Act (including but without limiting the generality thereof,
injury received during daily or periodic journeys as defined by section 7 of
the Act) resulting in incapacity and for which compensation is being paid
within the meaning of the said Act.
"Incapacity" - Incapacity shall have the same
meaning as in The Act.
(ii) An employee
shall upon receiving payment of compensation and continuing to receive such
payment in respect of a weekly incapacity within the meaning of the Act be paid
Accident Pay by the employer who directly employs him/her under a contract of
service and is liable to pay compensation under the provisions of the said Act,
which said liability by the employer for Accident Pay may be discharged by
another person on his/her behalf provided that:
(a) Accident pay
shall only be payable in respect of a period or periods of any incapacity of an
employee while such employee remains in the employment of the employer who
employed him/her at the time of the injury causing such period or periods of
incapacity provided that in respect of an employee engaged for a seasonal
period the employer's liability to pay accident pay shall cease at the end of
such seasonal period for which the employee was engaged and providing further
that where during a period where an employee is partially incapacitated within
the meaning of the Act or during a period where an employee is deemed to be
totally incapacitated pursuant to section 11 (2) of the Act, the employer who
is liable to pay Accident Pay or who is paying Accident Pay to such injured
employee is unable to provide suitable employment to such employee who thereupon
obtains such suitable employment with another employer then the employer shall
continue to pay such Accident Pay as he/she would have paid or been liable to
pay had the employee continued in his/her employment and where applicable as
he/she would have paid if the provisions of
section 11 (2) of the Act had not operated.
(b) No Accident
Pay shall be payable in respect of any period of incapacity commencing during
the first two week's continuous employment of an employee by an employer unless
such period of incapacity is continuing at the date of expiration of the first
two weeks of such employee's continuous employment in which case Accident Pay
will be payable only in respect of that part of such period of incapacity
occurring after the first two weeks of such employee's continuous
employment. In the case of an injury
within the meaning of section 7 (4), 7 (4A), 7 (4B) or 7 (4C) of the Act an
employer shall not be liable to pay Accident Pay to an employee pursuant to
this clause unless the employee has completed a minimum period of three months'
service with the employer prior to the date of happening of the injury as
determined by section 7 (5) of the Act and provided further that as at the date
of such happening the employee is still employed by the employer under a then
subsisting contract of service.
(c) An employee
shall not be entitled to the payment of Accident Pay in respect of any period
of paid annual leave, or long service leave or for any paid public holiday in
accordance with the appropriate award provisions.
(d) An employee
upon receiving any injury for which he/she claims to be entitled to Accident
Pay shall give notice in writing of the said injury to his/her employer and of
its manner of happening as soon as practicable after the happening thereof and
shall provide in writing all other information as the employer may reasonably
require.
(e) An employee
upon receiving any injury for which he/she is receiving payment or payments for
incapacity in accordance with the provisions of the Act shall furnish evidence
to the employer of such payment and compliance with this obligation shall be a
condition precedent to any entitlement under this award.
(f) Nothing in this
clause shall be taken as restricting or removing the employer’s right under the
section 51 of the Act to require the employee to submit himself/herself to
examination be a legally qualified medical practitioner, provided and paid for
by the employer, and if he/she refuses to submit himself/herself to such
examination or in any way obstructs the same, his/her right to receive or
continue to receive Accident Pay shall be suspended in like manner as his/her
right of compensation is suspended pursuant to section 51 of the Act until such
examination has taken place.
(g) Where a medical
referee or Board within the meaning of section 51 of the Act gives a
certificate as to the condition of the employee and his/her fitness for
employment or specifies the kind of employment for which he/she is fit and the
employer duly makes available to the employee the employment falling with the
terms of such certificate and the employee refuses or fails to resume or
perform the said employment so provided, then all payments in accordance with
this clause shall cease and determine from the date of such refusal to commence
such duties.
(h) Accident Pay
payable hereunder shall be payable for a maximum period or aggregate of periods
in no case exceeding a total of 26 weeks for any incapacity in respect of and
resulting from any one injury suffered by an employee.
(iii) Where an
employee is receiving Accident Pay and Accident Pay is payable for incapacity
for part of a week the amount shall bear the same ratio to Accident Pay for a
full week that normal working time during such part bears to the worker’s full
normal working week.
(iv) Where there is
a redemption of weekly payments by the payment under section 15 of the Act of
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)
form the date of the said redemption in the Workers’ Compensation Commission of
New South Wales.
(v) Notwithstanding
clauses (vi) and (vii), of this clause, any employee who is receiving or who
has received Accident Pay in respect of an injury, shall furnish all relevant
information to is employer concerning any action he/she may institute or any
claim he/she may make for damages in respect of that injury and shall, if
required, authorise 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 consequent verdict or
settlement.
(vi) Where the
employee obtains a verdict for damages against his/her employer or is paid an
amount in settlement of any claim for damages that he/she has made against
his/her employer in respect of any injury for which he/she has received
compensation under the Act and Accident Pay he/she shall not be entitled to any
further Accident Pay within the meaning of this clause and he/she shall be
immediately liable upon payment to him/her or his/her agent of such verdict for
damages or amount in settlement of a claim thereof to repay to his/her employer
the amount of Accident Pay which the employer has paid in respect to the
employee’s injury under this clause.
(vii) Where the
injury for which Accident Pay is paid was cause 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 he/she has made against
that other person, he/she shall immediately upon payment of such verdict or
amount of money to him/her or his/her agent, repay to the employer the amount
of Accident Pay which the employer had paid in respect of the employee’s injury
and the employee shall not be entitled to any further Accident Pay.
(viii) 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/her behalf, authorise
his/her 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
Act.
(ix) Nothing in
this Clause shall require the employer to insure against his/her liability for
Accident Pay.
(x) In the event
of the rates of compensation payable pursuant to the Act at the date hereof
being varied at any time after the date hereof, such variations shall not
operates 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.
(xi) If the
compensation payable to an employee pursuant to the Act is reduced by any
amount by reason 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 that he/she would have
received if there had been no such reduction in compensation payments.
(xii) The right to
be paid Accident Pay shall terminate on the date of an employee entitled
thereto and no sum shall be payable to the legal personal representatives,
next-of-kin, assignee or dependant of the deceased employee, with the exception
of Accident Pay accrued up to the time of death.
(xiii) Without
prejudice to the terms of this clause the Union hereby acknowledges that it
shall use its best endeavours to have its members carry on all statutory and
other regulations applicable to the employment of such members and to further
carry out any orders relating to the preservation of safety by or on behalf of
any employer of its members.
18. First Aid Kit
A first aid kit shall be provided by the employer in each
Factory, in accordance with the applicable Occupational Health and Safety
legislation and regulation, as amended. In the event of an accident occurring
the first aid attendant shall be allowed reasonable time to attend to employees
concerned in such accident.
19. Time and Wages
Sheets
(i) All employees
shall keep a time and wages sheet, which may either be combined or separate and
which shall be entered in ink showing the hours worked each day and wages paid
to each employee.
(ii) The time and
wages sheet shall, as to entries therein, in resect of employees covered by
this award, be open for inspection to a duly accredited official of the union
during the usual office hours at the place of employment.
(iii) Time and
wages record shall be kept available in accordance with the appropriate
statutory requirements, and in any case for not less than twelve months.
(iv) Time and Wages
records are dealt with by the Industrial Relations Act 1996 and the
Industrial Relations (General) Regulation 2001.
20. Union Officials
The Secretary and accredited representatives of the union
may enter the employer’s premises for the purpose of interviewing employees on
legitimate union business at a time reasonably convenient to the employer,
provided he/she first reports to the employer and obtains his/her approval to
enter. Approval shall not be withheld except for a reasonable cause.
21. Exhibition of
Award
This award shall be exhibited by each employer on his/her
premises in a place accessible to all employees.
22. Call Back
An employee recalled to work overtime after leaving his/her
employer’s premises or business (whether notified before leaving the premises)
shall be paid a minimum of four hours, work at the appropriate rate for each
time he/she 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 if the job he/she 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 his/her employer’s premises to perform a specific job
outside his/her ordinary working hours, or where the overtime is continuous
(subject to a reasonable meal break) with the completion or commencement of
ordinary working time. Overtime worked
in accordance with this clause shall not be regarded as overtime where for the
purpose of subclause (iv), of clause 8, Overtime, of this award, where the
actual time worked is less than four hours on such recall or on each of such
recalls.
23. Payment of Wages
(i) Except upon
termination of employment, all wages including overtime shall be paid on any
day other than Friday, Saturday, Sunday in each week.
(ii) Employees,
including casuals, who are paid their wages at any time other than during their
working time shall, if kept waiting more than 15 minutes, be paid overtime rate
for all such waiting time.
(iii)
(a) When a week’s
notice of termination of employment has been given, payment of all wages and
moneys due shall be made at the employee’s normal place of employment prior to
the employee leaving such place of employment if kept waiting after ceasing
time overtime rate shall be paid for all such waiting time.
(b) For the
purpose of this subclause waiting time shall mean from ceasing time until the
actual time all wages and other moneys due are received by the employee;
provided that any overtime earnings in respect of the day of termination or
other payments which cannot be calculated prior to the termination of the
employee’s ordinary hours on the last day or shift may be paid on a subsequent
working day, or by arrangement, may be posted to the employee.
24. Dispute
Resolution
Where a dispute arises the following steps shall be taken:
(a) Step One: as
soon as practicable after the issue has arisen, the employee or employees
concerned will notify their supervisor or manager of the issue.
(b) Step Two: as
soon as practicable after the issue or claim has arisen, it shall be considered
jointly by the appropriate supervisor, the worker or workers concerned and the
union delegate who shall attempt to settle the dispute.
(c) Step Three: if
the dispute has not been resolved, the issue or claim shall be considered
jointly by the appropriate senior management representative in conjunction with
the union delegate who shall attempt to settle the dispute.
(d) Step Four: if
the dispute is not resolved, the issue or claim shall be considered jointly by
the employer and an official of the union who shall attempt to settle the
dispute.
(e) Step Five: if
the dispute is not resolved, the dispute may then be notified to the Industrial
Relations Commission of New South Wales.
25. Redundancy
(A) Application
-
(i) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified in Table 1 - Wages of Part B, Monetary Rates.
(ii) This clause
shall apply, in respect of employers who employ more than 15 employees
immediately prior to the termination of employment of employees, in the terms
of paragraph (i) of subclause (D) of this clause.
(iii) 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 steps as may be reasonable to facilitate the obtaining by the
employees of suitable employment.
(iv) 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.
(B) Introduction
of Change -
(i) Employer's Duty
to Notify -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effect on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effect" includes termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) Employer's
Duty to Discuss Change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (i) 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.
(b) The discussions
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in the said paragraph (i).
(c) For the
purposes of such discussions, the employer shall provide to the employees
concerned and the union to which they belong, all relevant information about
the changes, including the nature of the changes proposed, the expected effects
of the changes on the employees and any other matters likely to affect
employees, provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(C) Redundancy
-
(i) Discussions
before Terminations -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subparagraph
(a) of paragraph (i) of subclause (B), Introduction of Change, of this clause,
and that decision may lead to the termination of employment, the employer shall
hold discussions with the employees directly affected and with the union to
which they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provisions of subparagraph (a) of this
paragraph and shall cover, inter alia, any reason for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(c) For the
purpose of the discussion the employer shall, as soon as practicable, provide
to the employees concerned, and the union to which they belong, all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be affected,
and the number of employees normally employed and the period over which the
terminations are likely to be carried out. Provided that any employer shall not
be required to disclose confidential information the disclosure of which would
adversely affect the employer.
(D) Termination
of Employment-
(i) Notice for
Changes in Production, Program, Organisation or Structure - This paragraph sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from production, program, organisation or structure, in
accordance with subparagraph (a) of paragraph (i) of subclause (B) of this
clause.
(a) In order to
terminate the employment of an employee, the employer shall give the employee
the following notice:
Period of continuous service
|
Period of notice
|
Less than 1 year
|
1 week
|
3 years and less than 5 years
|
2 week
|
1 year and less than 3 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years' continuous service, shall be entitled
to an additional week's notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(ii) Notice for
Technological Change - This paragraph sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with subparagraph (a) of paragraph (i) of subclause (B) of this
clause.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(iii) Time Off
during the Notice Period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
Leaving during the Notice Period - If the employment of an employee is
terminated (other than for misconduct)
before the notice period expires, the employee shall be entitled to the same
benefits and payments under this clause as those to which the employee would
have been entitled had the employee remained with the employer until the expiry
of such notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(v) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate the employment of
employees, the employer shall notify the Centrelink thereof as soon as
possible, giving relevant information, including the number and categories of
the employees likely to be affected and the period over which the terminations
are intended to be carried out.
(vii) Centrelink
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.
(viii) Transfer to
Lower-paid Duties - Where an employee is transferred to lower-paid duties for
reasons set out in subparagraph (a) of paragraph (i) of subclause (B) 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 rate for the number of
weeks of notice still owing.
(E) Severance Pay
-
(i) Where the
employment of an employee is to be terminated pursuant to paragraph (i) of
subclause (D) of this clause, subject
to further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the employee the following severance pay in respect of a
continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of service
|
Under 45 years of
age entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of service
|
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
|
(c) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with
clause 5, Wages.
(ii) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in paragraph
(i) of this subclause.
The Industrial Relations Commission of New South Wales
shall have regard to such financial and other resources of the employer
concerned as the Commission thinks relevant, and the probable effect paying the
amount of severance pay in the said paragraph (i) will have on the employer.
(iii) Alternative
Employment - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in paragraph
(i) of this subclause if the employer obtains acceptable alternative employment
for an employee.
(F) Savings Clause
- Nothing in this clause shall be construed so as to require the reduction or
alteration of more advantageous benefits or conditions which an employee may be
entitled to under any existing redundancy agreement, taken as a whole, between
the union and any employer bound by this award.
26. Traineeships
As to traineeships for persons covered by this award, see
the Training Wage (State) Award 2002 published 26 September 2003 (341 I.G. 569)
or any successor thereto.
This variation shall take effect from the first pay period
commencing on or after 6 September 2002.
27. 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) Definitions
For the purposes of this clause, the following
definitions shall apply:
(i) 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.
(ii) 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.
(c) 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 twelve 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 twelve 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 (c)(i), upon receiving notice
under paragraph (c)(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 (c)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (c)(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, consistent with any other
part-time employment provisions of this award made pursuant to a part-time
working arrangement made 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.
(d) Occupational
Health and Safety and Rehabilitation
(i) 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.
(i) Where an employee of
a contract business or labour hire business is injured whilst carrying out work
or services for another employer bound by this award, then that other employer
shall, in a manner co-ordinated with the contract business or labour hire
business, take all reasonable steps to provide such an employee with suitable
duties as part of any rehabilitation program for the employee.
(ii) Nothing in this
subclause (d) is intended to affect or detract from any obligation or
responsibility upon a contract business or labour hire business arising under
the Occupational Health and Safety Act 2000 or the Workplace Injury
Management and Workers Compensation Act 1998.
(e) 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.
(f) 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.
28. Area, Incidence
and Duration
(a) This award
shall apply to aerated waters and beverage makers, bottlers, washers, carters,
grooms, stablepersons, yardpersons, motor wagon drivers, and labourers employed
in or in connection with the manufacture and/or distribution of aerated water,
other soft drinks, fruit juices, cider, cordials, ginger beer, hop and other
non-intoxicating beers and/or similar types of beverages with or without
alcoholic content within the State excluding the County of Yancowinna.
(b) This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Aerated Waters, &c. (State) Award published
22 February 2002 (331 I.G. 498), and all variations thereof.
(c) 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 14 March 2008.
(d) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
No.
|
Classification
for establishments with a flow rate of 7000 litres per hour or more
|
Wage Total
|
|
|
$
|
1.
|
Syrup maker whose syrup room
operations are computerised
|
564.30
|
2.
|
Cordial and/or syrup maker
using recipes or formulae
|
555.80
|
3.
|
Pre-mixer filler operator
|
545.10
|
4.
|
Employees who, under the
direction of the employer or manager or foreman, are in
|
|
|
charge of the running
adjustment or running maintenance of automatic carbonating
|
|
|
and/or fruit juice or aerated
waters machinery or plant and/or syrup filler operator
|
531.90
|
5.
|
Assistant syrup maker
|
531.90
|
6.
|
Employee engaged on routine
in-line testing
|
531.90
|
7.
|
Employee operating labelling
palletising or de-palletising, case packing or
|
|
|
unpacking or carton packing
machines
|
531.40
|
8.
|
Storeman (as defined)
|
531.40
|
9.
|
Employees engaged in bottling
or canning line operations including operating
|
|
|
bottle washer, removing empty
bottles from cases or placing empty bottles on
|
|
|
conveyors, sight inspecting,
filling cases with full bottles, and stacking cases on
|
|
|
pallets, fruit juice
extracting cordial and/or syrup room (other than in Classification
|
|
|
No. 1, 2 and 5), loader on or
off motor trucks, cleaner, storeman and warehouse
|
|
|
employee, store assistant (as
defined), plastic blow moulding machines operator
|
|
|
and/or employee attending,
feeding or operating shrink wrap machine.
|
531.40
|
10.
|
Case, crate, box and/or pallet
repairer
|
531.40
|
11.
|
Fork lift driver with lifting
capacity of:
|
|
|
(a)
|
up to and including 5000 kg
|
543.90
|
|
(b)
|
Over 5000 kg and/or including
twin forklift
|
555.30
|
12.
|
All other adult employees
|
531.40
|
13.
|
Trainee - first four weeks of
service
|
524.40
|
|
Motor wagon drivers - The rate
of wages prescribed by the Transport Industry
|
|
|
(State) Award, as varied from
time to time, shall be applicable to employees
|
|
|
classified as motor wagon
drivers.
|
|
No.
|
For
establishments with a flow rate of less than 7000 litres per hour
|
|
14.
|
Grade 1B Soft drink industry
employee
|
524.40
|
15.
|
Grade 2B Soft drink industry
employee
|
541.10
|
16.
|
Grade 3B Soft drink industry
employee
|
569.60
|
17.
|
Grade 4B Soft drink industry
employee
|
584.50
|
Table 1 - Wages
Motor wagon drivers - The rate of wages prescribed by the
Transport Industry (State) Award, as varied from time to time, shall be
applicable to employees classified as motor wagon drivers.
Table 2 - Other
Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
4 (iii)
|
Employees handling caustic soda
|
0.72 per hour extra
|
2
|
4 (iv)
|
Employees working in a cold room
|
0.60 per hour extra
|
3
|
4 (v)
|
Leading Hands -
|
|
|
|
3 to 10 employees
|
20.45 per week
extra
|
|
|
more than 10 employees
|
32.65 per week
extra
|
4
|
4 (vi)
|
First-aid Attendant
|
2.44 per day
|
Aerated Waters,
&c (State) Industrial Committee
Industries and
Callings
Aerated waters and beverage makers, bottlers, washers,
carters, grooms, stablemen, yardmen, motor-wagon drivers, and labourers
employed in connection therewith, in the State, excluding the County of
Yancowinna.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.