Plastic
Moulding, &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 1552 of 2007)
Before Commissioner
Bishop
|
5 February 2008
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Contract
of Employment
3A. Secure
Employment Provisions
4. Classifications
5. Wages
6. Allowances
and Special Rates
7. Hours of
Employment
8. Implementation
of 38-Hour Week
9. Shift
Work
10. Overtime
11. Holidays
and Sunday Work
12. Extra
Rates Not Cumulative
13. Meal
Breaks
14. Rest
Period for Employees
15. Mixed
Functions
16. Payment of
Wages
17. General
Conditions
18. Annual
Leave
19. Long
Service Leave
20. Sick Leave
21. Personal/Carer’s
Leave
22. Bereavement
Leave
22A. Parental
Leave
23. Jury
Service
24. Redundancy
25. Superannuation
26. Traineeships
27. Dispute
Resolution
28. Enterprise
Arrangements
29. Consultation
30. Training
31. Anti-Discrimination
32. Shop
Stewards
33. Notice
Board
34. Basis of
Award and Leave Reserved to Apply
35. Exemption
36. Area,
Incidence and Duration
Appendix A -
Classification Definitions
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Allowances
2. Definitions
(i) Sunday shall
mean all time between midnight Saturday and midnight Sunday.
(ii) Union shall
mean Liquor, Hospitality and
Miscellaneous Union, New South Wales Branch.
(iii) "Adult
Apprentice" means a person of 21 years of age or over at the time of entering
into a Training Contract.
(iv) "Apprenticeship
Authority" shall mean the Commissioner for Vocational Training appointed
under the Apprenticeship and Traineeship Act 2001, the Vocational
Training Board constituted under the Act, or the Industrial Relations
Commission formed under the Industrial Relations Act 1996.
3. Contract of
Employment
(i) Weekly
Employment - Except as hereinafter provided for, employment shall be by the
week. An employee not specifically engaged as a casual employee shall be deemed
to be employed by the week.
(ii) Employment
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 as the case may be.
This shall not affect the right of the employer to dismiss an employee without
notice for malingering, inefficiency, neglect of duty or misconduct and in such
cases wages shall be paid up to the time of dismissal only, or to deduct
payment for any day the employee cannot be usefully employed because of any
strike or through any breakdown in machinery or any stoppage of work by any
cause for which the employer cannot reasonably be held responsible. Where an
employee has given or been given notice, as aforesaid, the employee shall
continue in their employment until the date of expiration of such notice. An
employee who, having given or been given notice, as aforesaid, without
reasonable cause, proof of which shall lie on the employee, absents themself
from work during such period, shall be deemed to have abandoned their
employment and shall not be entitled to payment for work done by the employee
within that period; provided that where an employer has given notice as
aforesaid, an employee on request shall be granted leave of absence without pay
for one day in order to look for alternative employment.
(iii) Subject to
subclause (ii) of clause 16, Payment of Wages, an employee, other than an
employee who has given or who has received notice in accordance with subclause
(ii), of this clause, not attending for duty shall, except as provided by
clause 20, Sick Leave, of this award, lose their pay for the actual time of
such non-attendance.
(iv) Casual
Employment - A casual employee is one engaged and paid as such. A casual
employee for working ordinary time shall be paid one thirty-eighth of the
weekly award wage prescribed by this award for the work which the employee
performs, plus twenty per cent.
Notation: The casual loading prescribed by this
subclause is inclusive of a casual employee's entitlement under the Annual
Holidays Act 1944 (NSW).
(v) Late Comers:
(a) Notwithstanding
anything contained elsewhere in this award an employer may select and may
utilise for timekeeping purposes any fractional or decimal proportion of an
hour, not exceeding one-quarter of an hour, and may apply such proportion in
the calculation of the working time of employee’s who report for duty after
their appointed starting times or cease duty before their appointed finishing
times.
(b) An employer
who adopts a proportion for the aforesaid purposes shall apply the same
proportion to the calculation of overtime.
(vi) Part-time
Employment -
(a) An employee
may be engaged by the week to work on a part-time basis for a constant number
of hours which having regard to the various ways of arranging ordinary hours
shall average less than 38 hours per week.
(b) An employee so
engaged shall be paid per hour one thirty-eighth of the weekly rate prescribed
by clause 5, Wages, for the classification in which the employee is engaged.
(c) An employee
engaged on a part-time basis shall be entitled to payments in respect of annual
leave, public holidays and sick leave arising under this award on a
proportionate basis calculated as follows:
(1) Annual Leave -
Subject to the provisions of clause 9, Shift Work:
Where the employee has completed twelve months'
continuous service - four weeks leave at the number of ordinary hours which
would otherwise have been worked during the period of leave.
Where the employee is entitled to pro rata leave on termination
or at a close down in accordance with this award the employee shall receive
2.923 hours paid at the appropriate rate of wage for each 38 ordinary hours
worked.
(2) Public
Holidays -Where the normal paid hours fall on a public holiday and work is not
performed by the employee, such employee shall not lose pay for the day. Where
the employee works on the holiday, such employee shall be paid in accordance
with clause 8, Implementation of 38-Hour Week.
(3) Sick Leave
-First Year of Employment During the first year of any period of service with
an employer the employee shall be entitled to sick leave equivalent to the
average number of hours worked each week in accordance with subclause (vi)(a)
of this clause.
During the first five months of any period of service
with an employer, sick leave shall accrue at the rate of one- fifth of the
average number of hours worked each week for every completed month of service.
Provided further that on application by the employee during the sixth 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 five
months and in respect of which payment was not made.
Second or Subsequent Years of Employment -
During the second or subsequent years of any period of
service with an employer the employee shall not be entitled to leave in excess
of an amount calculated as follows:
Average number of hours
worked each week
|
X 8
|
5
|
|
(d) Overtime - A
part-time employee who works in excess of the hours fixed under the contract of
employment shall be paid overtime in accordance with clause 10, Overtime of
this award.
3A. 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
maximizing 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.
4. Classification
(i) Plastics
Worker Grade 1 is equivalent to a Metal Engineering and Associated Industries
Award Part 1 classification as follows:
Wage Group: C14
Engineering/production employee - Level I
(Proposed relativity to C10 78%)
An engineering/production employee - Level I is an employee
who is undertaking up to 38 hours induction training which may include
information on the enterprise, conditions of employment, introduction to
supervisors and fellow workers, training and career path opportunities, plant
layout, work and documentation procedures, occupational health and safety,
equal employment opportunity and quality control/assurance.
An employee at this level performs routine duties
essentially of a manual nature and to the level of all employees' training:
(a) performs
general labouring and cleaning duties;
(b) exercises
minimal judgement;
(c) works under
direct supervision; or
(d) is undertaking
structured training so as to enable them to work at C13 level.
(ii) Plastics
Worker Grade 2 is equivalent to a Metal, Engineering and Associated Industries
Award 1998 Part 1 classification as follows:
Wage Group: C13
Engineering/production employee - Level II
(Proposed relativity to C10 82%)
An engineering/production employee - Level II is an
employee who has completed up to three months structured training so as to
enable the employee to perform work within the scope of this level.
An employee at this level performs work above and
beyond the skills of an employee at C14 and to the level of all employees'
training:
(a) works under
direct supervision either individually or in a team environment;
(b) understands
and undertakes basic quality control/assurance procedures including the ability
to recognize basic quality deviations/faults;
(c) understands
and utilises basic statistical process control procedures.
Indicative of the tasks which an employee at this level
may perform are the following:
repetition work on automatic, semi-automatic or single
purpose machines or equipment;
assembles components using basic written, spoken and/or
diagrammatic instructions in an assembly environment;
basic soldering or butt and spot welding skills or cuts
scrap with oxyacetylene blow pipe;
uses selected hand tools;
boiler cleaning;
maintains simple records;
uses hand trolleys and pallet trucks;
assists in the provision of on-the-job training in
conjunction with tradespersons and supervisor/trainees.
(iii) Plastics
Worker Grade 3 is equivalent to a Metal, Engineering and Associated Industries
Award 1998 Part 1 classification as follows:
Wage Group: C12
Engineering/production employee - Level III
(Proposed relativity to C10 87.4%)
An engineering/production employee - Level III is an
employee who has completed a production/engineering certificate I or equivalent
training so as to enable the employee to perform work within the scope of this
level.
An employee at this level performs work above and
beyond the skills of an employee at C13 and to the level of all employees'
training:
(a) is responsible
for the quality of his/her own work subject to routine supervision;
(b) works under
routine supervision either individually or in a team environment;
(c) exercises
discretion within his/her level of skills and training.
Indicative of the tasks which an employee at this level
may perform are the following:
operates flexibly between assembly stations;
operates machinery and equipment requiring the exercise
of skill and knowledge beyond that of an employee at level C13;
non-trade engineering skills;
basic tracing and sketching skills;
receiving, dispatching, distributing, sorting,
checking, packing (other than repetitive packing in a standard container or
containers in which such goods are ordinarily sold), documenting and recording
of goods, materials and components;
basic inventory control in the context of a production
process;
basic keyboard skills;
advanced soldering techniques;
boiler attendant;
operation of mobile equipment including forklifts,
overhead cranes and winch operation;
ability to measure accurately;
assists one or more tradespersons;
welding which requires the exercise of knowledge and
skills above C13;
assists in the provision of on-the-job training in
conjunction with tradespersons and supervisor/trainees.
(iv) Plastics
Worker Grade 4 is equivalent to a Metal, Engineering and Associated Industries
Award 1998 Part 1 as follows:
Wage Group: C11
Engineering/production employee - Level IV
(Proposed relativity to C10 92.4%)
An engineering/production employee - Level IV is an
employee who has completed a production/engineering certificate II or
equivalent training so as to enable the employee to perform work within the
scope of this level.
An employee at this level performs work above and
beyond the skills of an employee at C12 and to the level of all employee’s
training:
(a) works from
complex instructions and procedures;
(b) assists in the
provision of on-the-job training to a limited degree;
(c) Co-ordinates
work in a team environment or works individually under general supervision;
(d) is responsible
for assuring the quality of his/her own work.
Indicative of the tasks which an employee at this level
may perform are the following:
uses precision measuring instruments; machine setting,
loading and operation; rigging (certificated);
inventory and store control including:
licensed operation of all appropriate materials
handling equipment;
use of tools and equipment within the scope (basic
non-trades) maintenance;
computer operation at a level higher than that of an
employee at C12 level;
intermediate keyboard skills;
basic engineering and fault finding skills;
performs basic quality checks on the work of others;
licensed and certified for fork-lift, engine driving
and crane driving operations to a level higher than C12;
has knowledge of the employer's operation as it relates
to production process;
lubrication of production machinery equipment;
assists in the provision of on-the-job training in
conjunction with tradespersons and supervisor/trainees.
(v) A Plastics
Worker Grade 5 is equivalent to a Metal, Engineering and Associated Industries
Award 1998 Part 1 as follows:
Wage Group: C10
An Engineering Tradesperson - Level I
(Proposed Relativity to C10 100%)
A Plastics Worker Grade 5 is an employee who has
successfully completed a Plastics Industry Apprenticeship as set out in his/her
Training Contract and is able to exercise the skills and knowledge of the trade
so as to enable the employee to perform work within the scope of this level.
An engineering Tradesperson - Level I works above and
beyond an employee at C11 and to the level of his/her skills, competence and
training.
(a) Understands
and applies quality control techniques;
(b) Exercises good
interpersonal and communication skills;
(c) Exercises
keyboard skills at a level higher than C11;
(d) Exercises
discretion within the scope of this classification level;
(e) Performs work
under limited supervision either individually or in a team environment;
(f) Operates
lifting equipment incidental to his/her work;
(g) Performs
non-trade tasks incidental to his/her work;
(h) Performs work
which while primarily involving the skills of the employee's trade is
incidental or peripheral to the primary task and facilitates the completion of
the whole task. Such incidental or peripheral work would not require additional
formal technical training;
(i) Inspects
products and/or materials for conformity with established operational
standards.
(j) May be
required to assist in the training of apprentices and trainees.
5. Wages
(i) The minimum
adult weekly rates of pay for each classification, inclusive of the adult basic
wage from time to time effective, is as set out in Table 1 - Wages, of Part B,
Monetary Rates.
(ii) The rates of
pay in this award include all the adjustments payable under the State Wage Case
2007. These adjustments may be offset against:
(a) any equivalent
over award payments; and/or
(b) award wage
increases since 29 May, 1991 other than safety net, State Wage Case and minimum
rate adjustments.
(iii) Junior
Employees -
(a) The minimum
rates of wages for juniors shall be a percentage, according to age, of the base
rate for a Plastics Worker Grade 2 listed in the following Table, and to which
have been added the Arbitrated Safety Net Adjustments as set out in the said
Table 1.
Age -
|
Percentage of Base
rate for
|
|
Plastics Worker
Grade 2
|
Under 16 years of age
|
36.8
|
At 16 years of age
|
47.3
|
At 17 years of age
|
57.8
|
At 18 years of age
|
68.3
|
At 19 years of age
|
82.5
|
At 20 years of age
|
97.7
|
(b) The total wage
payable to a junior employee shall be calculated to the nearest five cents and
any broken part of five cents in the result not exceeding two cents shall be
disregarded.
(c) Junior
employees shall not be employed:
(1) if under 16
years of age, on oil and gas burners or fires used for heating small articles;
or
(2) if under 18
years of age, on die setting on power presses or as operators of power-driven
guillotines.
(iv) Apprentices
(a) The minimum
rate of pay of an apprentice shall be the following:
Year of Apprenticeship % of Plastics Worker Grade 5
First 42
Second 55
Third 75
Fourth 88
(b) An employee
who is under 21 years of age on completion of his/her apprenticeship and
thereafter works in the occupation to which he/she has been apprenticed shall
be paid at not less than the adult rate prescribed for that classification.
(v) Adult
Apprentices
Subject to subclause 26(ii) of this award, the minimum
rate of pay of an adult apprentice (as defined) shall be the following:
Year of Apprenticeship % of Plastics Worker Grade 5
First 74.5
Second 81.5
Third 84.8
Fourth 89.2
6. Allowances and
Special Rates
(i) Meal
Allowance - For the purposes of this subclause, "the specified
amount" means the amount as set out in Item 1 of Table 2 - Allowances, of
Part B, Monetary Rates.
(a) When Required
to Work Overtime -
(1) An employee
required to work overtime for more than two hours without being notified on the
previous day or earlier that he/she will be so required to work shall either be
supplied with a meal by the employer or paid the specified amount for the first
meal and for each subsequent meal, but such payment need not be made to
employees living in the same locality as their workshops who can reasonably
return home for meals.
(2) Unless the
employer advises an employee on the previous day or earlier that the amount of
overtime to be worked will necessitate the partaking of a second or subsequent
meal, as the case may be, the employer shall provide such second and/or
subsequent meals or shall make payment of the specified amount in lieu thereof.
(3) If an
employee, pursuant to notice, has provided a meal or meals and is not required
to work overtime or is required to work less than the amount advised, he/she
shall be paid the specified amount for meals which he/she has provided but
which are surplus.
(b) When Required
to Work on a Sunday or Public Holiday -
(1) An employee
engaged on continuous work, required to work on a Sunday or a public holiday
for more than four hours without being notified on the previous day or earlier that
he/she will be so required to work, shall either be supplied with a meal by the
employer or paid the specified amount for the meal taken during his/her first
crib break and during each subsequent crib break; provided that such payment
need not be made to employees living in the same locality as their workshops
who can reasonably return home for meals.
(2) An employee
who, pursuant to notice, has provided a meal or meals and is not required to
work on a Sunday or a public holiday or is required to work for a lesser period
of time than advised, shall be paid the specified amount for meals which he/she
has provided but which are surplus.
(ii) Leading Hands
Allowance - An employee appointed by an employer as a leading hand in charge of
other employees shall be paid, in addition to the ordinary rates prescribed by
clause 5, Wages:
(a) when in charge
of not less than three and not more than ten employees - the amount per week
set out in Item 2 of the said table 2;
(b) when in charge
of more than ten and not more than 20 employees - the amount per week set out
in Item 3 of Table 2;
(c) when in charge
of more than 20 employees - the amount per week set out in Item 4 of Table 2.
(iii) First-aid
Allowances - An employee who has been trained to render first-aid and who is
the current holder of appropriate first-aid qualifications, such as a
certification from the St. John Ambulance or similar body, and who is appointed
by the employer to perform first-aid duty shall be paid, in addition to the
ordinary rates prescribed by clause 5, Wages, the amount per week set out in
Item 5 of Table 2.
(a) Attendant - An
employer shall endeavour to have at least one employee trained to render first
aid in attendance when work is performed at an establishment.
(b) First-aid outfit
- see the relevant occupational health and safety legislation and regulation.
(iv) Special
Conditions Allowances - In addition to the ordinary rates prescribed by clause
5, Wages, the following allowances shall be paid to employees, including juniors,
in the circumstances prescribed. Where more than one of the disabilities
entitling an employee to an allowance under this subclause exists on the same
job, the employer shall be bound to pay the allowance for each of the
disabilities so prevailing. The allowances prescribed by this subclause shall
be paid irrespective of the times at which the work is performed and shall not
be subject to any premium or penalty additions.
(a) Dirty Work -
For work which a foreperson and employee shall agree is of an unusually dirty
or offensive nature - the amount per hour set out in Item 6 of Table 2,
provided that:
(1) In the case of
a disagreement between the foreperson and an employee, the employee or a shop
steward on his/her behalf shall be entitled, within 24 hours, to ask for a
decision on the employee's claim by the employer's industrial officer, if there
be one, or otherwise by the employer or the executive officer responsible for
the management or superintendence of the plant concerned. In such case, a decision
shall be given on the employee's claim within 48 hours of it being asked for,
unless that time expires on an on- working day, in which case it shall be given
during the next working day or else the said allowance shall be paid.
(2) Any dispute
arising under this subclause as to whether the work is of an unusually dirty or
offensive nature shall be determined by the Industrial Relations Commission of
NSW.
(b) Hot Places -
For working for more than one hour in the shade in places:
(1) where the
temperature is raised by artificial means to between 46degrees Celsius and
54degrees Celsius - the amount per hour set out in Item 7 of Table 2;
(2) in places
where the temperature exceeds 54degrees Celsius - the amount per hour set out
in Item 8 of Table 2. Where work continues for more than two hours in
temperatures exceeding 54 Celsius the employees shall be entitled to 20 minutes
rest after every two hours work, without deduction of pay. The temperature
shall be decided by the foreperson of the work after consultation with the
employees who claim the allowance.
(c) Wet Places -
For working in any place wherein clothing or boots become saturated, whether by
water, oil or otherwise - the amount per hour set out in Item 9 of Table 2,
provided that:
(1) This allowance
shall not be payable to an employee who is provided by the employer with
suitable and effective protective clothing and/or footwear.
(2) An employee
who becomes entitled to this allowance shall be paid such allowance for such
part of the day or shift as he/she is required to work in wet clothing or
boots.
(v) Motor
Allowance - In addition to the ordinary rates prescribed by clause 5, Wages, an
employee, who by agreement with their employer uses their own motor vehicle on
the employer's business, shall be paid an allowance as set out in Item 10 of
Table 2.
7. Hours of
Employment
(i) Day Workers -
Subject to clause 8, Implementation of 38-Hour Week, and subclause (iv) of
clause 29, Consultation, and subject to the exceptions hereinafter provided,
the ordinary hours of work shall be an average of 38 per week to be worked on
one of the following bases:
(a) 38 hours
within a work cycle not exceeding seven consecutive days; or
(b) 76 hours
within a work cycle not exceeding fourteen consecutive days; or
(c) 114 hours
within a work cycle not exceeding twenty-one consecutive days; or
(d) 152 hours
within a work cycle not exceeding twenty-eight consecutive days.
(e) for the
purposes of subclause (i) of clause 8, Implementation of 38-Hour Week any other
work cycle during which a weekly average of 38 ordinary hours are worked as may
be agreed in accordance with subclause (ix) of clause 8, Implementation of
38-Hour Week.
(ii) The ordinary
hours of work prescribed herein may be worked on any day or all of the days of
the week, Monday to Friday.
(iii) The ordinary
hours of work prescribed herein shall be worked continuously, except for meal
breaks, at the discretion of the employer between 6.00 a.m. and 6.00 p.m.
Provided that the actual ordinary hours of work shall be determined by
agreement between an employer and the majority of employees in the plant or
work section or sections concerned.
Provided further that work done prior to the spread of
hours fixed in accordance with this subclause for which overtime rates are
payable shall be deemed for the purpose of this subclause to be part of the
ordinary hours of work.
(iv) The ordinary
hours of work prescribed herein shall not exceed ten on any day. Provided that:
(a) in any
arrangement of ordinary hours where the ordinary working hours are to exceed
eight on any day, the arrangement of hours shall be subject to agreement
between an employer and the majority of employees in the plant or work section
or sections concerned; and
(b) by arrangement
between an employer, the union or unions concerned and the majority of
employees in the plant or work section or sections concerned, ordinary hours
not exceeding twelve on any day may be worked subject to:
(1) the employer
and the employees concerned being guided by the occupational health and safety
provisions of the ACTU Code of Conduct on twelve-hour shifts;
(2) proper health
monitoring procedures being introduced;
(3) suitable
roster arrangements being made; and
(4) proper
supervision being provided.
8. Implementation of
38-Hour Week
(i) Ordinary
hours of work shall be an average of 38 per week as provided in clause 7, Hours
of Employment, and clause 9, Shift Work.
(ii) Except as
provided in subclauses (v) and (vi) hereof, the method of implementation of the
38-hour week may be any one of the following:
(a) by employees
working less than 8 ordinary hours each day; or
(b) by employees
working less than 8 ordinary hours on one or more days each week; or
(c) by fixing one
week day on which all employees will be off during a particular work cycle; or
(d) by rostering
employees off on various days of the week during a particular work cycle so
that each employee has one weekday off during that cycle.
(iii) In each
plant, an assessment should be made as to which method of implementation best
suits the business and the proposal shall be discussed with the employees
concerned.
(iv) In the absence
of agreement at plant level, the procedure for resolving special, anomalous or
extraordinary problems shall be applied in accordance with clause 27, Dispute
Resolution. The procedure shall be applied without delay.
(v) Subject to the
provisions of subclause (iv), of clause 7, Hours of Employment, and subclause
(ii)(a), of clause 9, Shift Work, the employer and the majority of employees in
the plant or section or sections concerned may agree that the ordinary working
hours are to exceed eight on any day, thus enabling a weekday off to be taken
more frequently than would otherwise apply.
(vi) Circumstances
may arise where different methods of implementation of a 38-hour week apply to
various groups or sections of employees in the plant or establishment
concerned.
(vii) Notice of Days
Off - Except as provided in subclauses (viii) and (ix) hereof, in cases where,
by virtue of the arrangement of the employees ordinary hours an employee, in
accordance with subclause (ii) (c) and (d), is entitled to a day off during the
employee’s work cycle, such employee shall be advised by the employer at least
four weeks in advance of the weekday the employee is to take off; provided that
a lesser period of notice may be agreed by the employer and the majority of
employees in the plant or section or sections concerned.
(viii) Substitute
Days -
(a) An employer,
with the agreement of the majority of employees concerned, may substitute the
day an employee is to take off in accordance with subclauses (ii) (c) and (d)
hereof, for another day in the case of a breakdown in machinery or a failure or
shortage of electric power or to meet the requirements of the business in the
event of rush orders or some other emergency situation.
(b) An individual
employee, with the agreement of the employer, may substitute the day the
employee is to take off for another day.
(ix) Flexibility in
relation to rostered days off - Notwithstanding any other provision in this
clause, where the hours of work of an establishment, plant or section are
organised in accordance with subclause (ii) paragraphs (c) and (d) hereof an
employer, the union or unions concerned and the majority of employees in the
establishment, plant, section or sections concerned may agree to accrue up to a
maximum of five (5) rostered days off in special circumstances such as where
there are regular and substantial fluctuations in production requirements in
any year.
Where such agreement has been reached the accrued
rostered days off must be taken within each 12 month period thereafter. It is
understood between the parties that the involvement of the union or unions
concerned would be necessary in cases where it or they have members in the
plants concerned and not in non-union establishments.
9. Shift Work
(i) Definitions -
For the purposes of this clause -
(a) Afternoon
shift shall mean any shift finishing after 6.00 p.m. and at or before midnight.
(b) Continuous
work shall mean work carried on with consecutive shifts of employee’s
throughout the twenty-four hours of each 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.
(c) Night shift
shall mean any shift finishing subsequent to midnight and at or before 8.00
a.m.
(d) Rostered shift
shall mean a shift of which the employee concerned has had at least forty-eight
hours' notice.
(ii) Hours -
Continuous work shifts - This subclause shall apply to shift workers on
continuous work as hereinbefore defined. The ordinary hours of shift workers
shall average 38 per week inclusive of crib time and shall not exceed 152 hours
in 28 consecutive days. Provided that, where the employer and the majority of
employees concerned agree, a roster system may operate on the basis that the
weekly average of 38 ordinary hours is achieved over a period which exceeds 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 ten hours
inclusive of crib time. Provided that -
(a) in any
arrangement of ordinary working hours where the ordinary working hours are to
exceed eight on any shift the arrangement of hours shall be subject to
agreement between the employer and the majority of employees in the plant or
work section or sections concerned; and
(b) by agreement
between an employer, the union or unions concerned and the majority of
employees in the plant, work section or sections concerned, ordinary hours not
exceeding twelve on any day may be worked subject to:
(1) the employer
and the employees concerned being guided by the occupational health and safety
provisions of the ACTU Code of Conduct on twelve-hour shifts;
(2) proper health
and monitoring procedures being introduced;
(3) suitable
roster arrangements being made; and
(4) proper
supervision being provided.
(c) Except at the
regular changeover of shifts an employee shall not be required to work more
than one shift in each 24 hours.
(d) 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. Subject to clause 8,
Implementation of 38-Hour Week, and subclause (iv) of clause 29, Consultation,
the ordinary hours of work shall be an average of 38 per week to be worked on
one of the following bases:
(a) 38 hours
within a period not exceeding seven consecutive days; or
(b) 76 hours
within a period not exceeding fourteen consecutive days; or
(c) 114 hours
within a period not exceeding twenty one consecutive days; or
(d) 152 hours
within a period not exceeding 28 days
(e) The 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 regular changeover of shifts an
employee shall not be required to work more than one shift in each 24 hours.
(f) Provided
that:
(1) the ordinary
hours of work prescribed herein shall not exceed ten hours on any day;
(2) in any arrangement
of ordinary working hours where the ordinary working hours are to exceed eight
on any shift the arrangement of hours shall be subject to agreement between the
employer and the majority of employees in the plant or work section or sections
concerned; and
(3) by agreement
between an employer, the union or unions concerned and the majority of
employees in the plant, work section or sections concerned, ordinary hours not
exceeding twelve on any day may be worked subject to:
(A) the employer
and the employees concerned being guided by the occupational health and safety
provisions of the ACTU Code of Conduct on twelve-hour shifts;
(B) proper health
and monitoring procedures being introduced;
(C) suitable roster
arrangements being made;
(D) proper supervision
being provided.
(iv) Rosters -
Shift rosters shall specify the commencing and finishing times of ordinary
working hours of the respective shifts.
(v) Variation by
Agreement -
(a) 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.
(b) The times of
commencing and finishing shifts, once having been determined, may be varied by
agreement between the employer and the accredited representative of the union
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.
(vi) Afternoon or
Night Shift Allowances -
(a) A shift worker
whilst on afternoon or night shift shall be paid 15 per cent more than the
employees ordinary rate.
(b) A shift worker
who works on any afternoon or night shift which does not continue for at least
five successive afternoons or nights in a five-day workshop or for at least six
successive afternoons or nights in a six-day workshop, shall be paid for each
such shift 50 per cent for the first three hours thereof and 100 per cent for
the remaining hours thereof in addition to the employees ordinary rate.
(c) An employee
who -
(1) during a
period of engagement on shift, works night shift only; or
(2) remains on
night shift for a longer period than four consecutive weeks; or
(3) works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give the employee at least one-third of the employees 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 in such night shift.
(vii) Saturday
Shifts - The minimum rate to be paid to a 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 subclause (vi), of this clause.
(viii) Overtime -
Shift workers for all time worked in excess of or outside the ordinary working
hours prescribed by this award or on a shift other than a rostered shift shall
-
(a) if employed on
continuous work be paid at the rate of double time; or
(b) if employed on
other shift work at the rate of time and one-half for the first three hours and
at the rate of double time thereafter; except in each case where time is worked
-
(c) by arrangement
between the employees themselves; or
(d) for the
purpose of effecting customary rotation of shifts; or
(e) on a shift to
which an employee is transferred on shift notice, as an alternative to standing
the employee off in circumstances which would entitle the employer to deduct
payment for a day in accordance with subclause (ii), of clause 3, Contract of
Employment, of this award. Provided that when not less than seven hours and
thirty-six minutes' notice has been given the employer by the relief person
that they will be absent from work and the employee whom the relief person
should relieve is not relieved is required to continue to work on their
rostered day off, the unrelieved employee shall be paid double time.
(ix) Sundays and
Holidays -
(a) Shift workers
on continuous shifts for work on a rostered shift the major portion of which is
performed on a Sunday or holiday shall be paid as follows:
(1) Sundays - at
the rate of double time.
(2) Holidays as
prescribed by clause 11, Holidays and Sunday Work, of this award, at the rate
of double time.
(b) Shift workers
on other than continuous work for all time worked on a Sunday or a holiday
shall be paid at the rates prescribed in clause 11, Holidays and Sunday Work,
of this award, where shifts commence between 11.00 p.m. and midnight on a
Sunday or a holiday the time so 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
a holiday and extending into the Sunday or the holiday shall be regarded as
time worked on such Sunday or holiday.
(c) Where shifts
fall partly on a holiday that shift, the major portion of which falls on the
holiday, shall be regarded as the holiday shift.
(x) Daylight
Saving - Notwithstanding anything contained elsewhere in this award where, in
any area by reason of the legislation of the State, summer time is prescribed
as being in advance of standard time of the State, the length of any shift -
(a) commencing
before the time prescribed by the relevant legislation for the commencement of
a 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 clock at 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 State legislation. In this subclause
the expressions "standard time" and "summer time" shall
bear the same meanings as are prescribed by State legislation.
(xi) Requirement to
Work Reasonable Overtime - An employer may require any employee to work
reasonable overtime at overtime rates and such employee shall work overtime in
accordance with such requirement. The assignment of overtime by an employer to
an employee shall be based on specific work requirements and the practice of
one in, all in overtime shall not apply.
10. Overtime
(i)
(a) For all work
done outside ordinary hours the rates of pay shall be time and one-half for the
first three hours and double time thereafter and such double time shall
continue until the completion of the overtime work. For the purposes of this
clause ordinary hours shall mean the hours of work fixed in an establishment in
accordance with clauses 7, Hours of Employment, 8, Implementation of 38-Hour
Week, 9, Shift Work or subclause (iv) of clause 29 Consultation. The hourly
rate, when computing overtime, shall be determined by dividing the appropriate
weekly rate by thirty-eight, even in cases when an employee works more than
thirty-eight ordinary hours in a week.
(b) Except as
provided for by this subclause or subclause (ii), of this clause, in computing
overtime each day's work shall stand alone.
(c) An employer
may require any employee to work reasonable overtime at overtime rates and such
employee shall work overtime in accordance with such requirement.
(ii) Rest Period
after Overtime -
(a) When overtime
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.
(b) An employee,
other than a casual employee, who works so much overtime between the
termination of the employees ordinary work on one day and the commencement of
the employees ordinary work on the next day that the employee has not had at
least ten consecutive hours off duty between those times shall, subject to this
subclause, be released after the completion of such overtime until the employee
has had ten consecutive hours off duty, without loss of pay, for ordinary
working time occurring during such absence.
(c) If on the
instructions of the employer such an employee resumes or continues work without
having had such ten consecutive hours off duty the employee shall be paid at
double rates until the employee is released from duty for such period and the
employee shall then be entitled to be absent until the employee has had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
The provisions of this subclause shall apply in the
case of shift workers as if eight hours were substituted for ten hours when
overtime is worked:
(1) for the
purpose of changing shift rosters; or
(2) 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
(3) where a shift
is worked by arrangement between the employees themselves.
(iii) Call Back -
(a) An employee
recalled to work overtime after leaving the employer's business premises,
whether notified before or after leaving the premises, shall be paid for a
minimum of four hours work and where the employee has been paid for standing by
in accordance with subclause (v), of this clause, shall be paid a minimum of
three hours' work at the appropriate rate for each time the employee is so
recalled; provided that, except in the case of unforeseen circumstances
arising, the employee shall not be required to work the full three or four
hours as the case may be if the job the employee was recalled to perform is
completed within a shorter period.
This subclause shall not apply in cases where it is
customary for an employee to return to the employer's premises to perform a
specific job outside the employees ordinary working hours or where the overtime
is continuous (subject to a reasonable meal break) with the completion or
commencement of ordinary working time.
(b) Overtime
worked in the circumstances specified in this subclause shall not be regarded
as overtime for the purposes of subclause (ii), of this clause, where the
actual time worked is less than three hours on such recall or on each of such
recalls.
(iv) Saturday Work
- Five-Day Week - A day worker required to work overtime on a Saturday shall be
afforded at least four hours' work or shall be paid for four hours at the
appropriate rate except where such overtime is continuous with overtime
commenced on the previous day.
(v) Standing By -
Subject to any custom now prevailing under which an employee regularly is
required to hold state in readiness for a call back, an employee required to
hold themself in readiness to work after ordinary hours shall, until released,
be paid standing- by time at ordinary rates from the time which the employee is
so to hold themself in readiness.
(vi) Crib Time -
(a) An employee
working overtime shall be allowed a crib break of twenty minutes, without
deduction of pay, after each four hours of overtime worked if the employee
continues working after such crib time; provided that where a day worker on a
five-day week is required to work overtime on a Saturday, the first prescribed
crib time shall, if occurring between 10.00 a.m. and 1.00 p.m., be paid at
ordinary rates.
(b) Unless the
period of overtime is less than one and one-half hours an employee, before
starting overtime after working ordinary hours, shall be allowed a meal break
of twenty minutes which shall be paid for at ordinary rates. An employer and
employee agree to any variation of this provision to meet the circumstances of
the work in hand; provided that the employee shall not be required to make any
payment in respect of any time allowed in excess of twenty minutes.
(vii) Transport of
Employee’s - When an employee, after having worked overtime or a shift for
which the employee regularly has not been rostered, finishes work at a time
when reasonable means of transport are not available the employer shall provide
the employee with a conveyance to the employees home or shall pay the employee
their current wage for the time reasonably occupied in reaching the employees
home.
11. Holidays and
Sunday Work
(i)
(a) Prescribed
Holidays - An employee on weekly hiring shall be entitled to the following
public holidays without loss of pay as follows:
(b) 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 and Boxing Day or
such other day as is generally observed in a locality as a substitute for any
of the said days respectively.
(c) By agreement
between an employer and the employees other days may be substituted for the
said days or any of them as to such employer's undertaking.
(d) In addition to
the public holidays prescribed in paragraph (i)(b) of this clause, one
additional public holiday shall apply to an employee on weekly hire as granted
to employees working under the Metal, Engineering and Associated Industries
Award 1988, an award of the Australian Industrial Relations Commission, each
year.
(e) For the
purpose of this award -
(1) where
Christmas Day falls on a Saturday or a Sunday, the following Monday and Tuesday
shall be observed as Christmas Day and Boxing Day respectively;
(2) where Boxing
Day falls on a Saturday, the following Monday shall be observed as Boxing Day;
(3) 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.
(ii) Payment for
Work on Public Holidays - Except as provided in subclause (ix), Sundays and
Holidays, of clause 9, Shift Work, of this award, an employee not engaged on
continuous work shall be paid at the rate of double time and a half for work
done on public holidays, such double time and a half to continue until the
employee is relieved from duty.
(iii) Where an
employee is absent from their employment on the working day before or the
working day after a public holiday without reasonable excuse or without the
consent of the employer, the employee shall not be entitled to payment for such
holiday.
(iv) Payment for
Work on Sundays - Except as provided in subclause (ix), Sundays and Holidays,
of clause 9, Shift Work, of this award, an employee not engaged on continuous
work shall be paid at the rate of double time for work done on Sundays, such
double time to continue until the employee is relieved from duty.
(v) Rest Pause -
Holidays and Sundays - An employee, other than a casual employee, not engaged
on continuous work who works on a Sunday or a public holiday and (except for
meal breaks) immediately thereafter continues such work shall on being relieved
from duty be entitled to be absent until the employee has had ten consecutive
hours off duty, without deduction of pay for ordinary time of duty occurring
during such absence.
(vi) Minimum
Payment - Holidays and Sundays - Employees, other than on shift or engaged in
maintaining continuity of electric light and power or garage employees and/or
drivers of tow and/or repair vehicles recalled for breakdown, accident or other
emergency work, required to work on Sundays or public holidays, shall be paid
for a minimum of three hours work.
(vii) Crib Time -
Holidays and Sundays - An employee not engaged on continuous work working on a
Sunday or public holiday shall be allowed a crib time of twenty minutes without
deduction of pay after each four hours of work, if the employee continues work
after such crib time. Provided that where a day worker is required to work on a
Sunday or public holiday the first prescribed crib time shall, if occurring
between 10.00 a.m. and 1.00 p.m., be paid at ordinary rates.
(viii) Rostered Day
Off Falling on Public Holiday -
(a) An employee
who works continuous work and who by the circumstance of the arrangement of the
employees ordinary hours of work is entitled to a rostered day off which falls
on a public holiday prescribed by this clause shall, at the discretion of the
employer, be paid for that day seven hours 36 minutes at ordinary rates or have
an additional day added to the employees annual leave. This provision shall not
apply when the holiday on which the employee is rostered off falls on a
Saturday or Sunday.
(b) In the case of
an employee whose ordinary hours of work are arranged in accordance with
subclause (ii)
(c) or (ii) (d) or
(iv) of clause 8, Implementation of 38-Hour Week, the weekday to be taken off
shall not coincide with a public holiday fixed in accordance with subclauses
(i), (ii) or (iii) hereof; provided that, in the event that a public holiday is
prescribed after an employee has been given notice of his weekday off in
accordance with subclause (vii), of the said clause 8, and the public holiday
falls on the weekday the employee is to take off, the employer shall allow the
employee to take the day off on an alternative weekday.
12. Extra Rates Not
Cumulative
Extra rates in this award, except rates prescribed in clause
6, Allowances and Special Rates, of this award, and in clause 11, Holidays and
Sunday Work, of this award, as to work on public holidays are not cumulative so
as to exceed the minimum of double the ordinary rates.
13. Meal Breaks
(i) An employee
shall not be required to work for more than five hours without a break for a
meal. Provided that:
(a) in cases where
canteen or other facilities are limited to the extent that meal breaks must be
staggered, and as a result it is not practicable for all employees to take a
meal break within five hours, an employee shall not be required to work for
more than six hours without a break for a meal; and
(b) by agreement
between an employer and the majority of employees in the plant, work section or
sections concerned, an employee or employees may be required to work in excess
of five hours but not more than six hours at ordinary rates of pay without a
meal break.
(ii) The time of
taking a scheduled meal break or rest break by one or more employees may be
altered by an employer if it is necessary to do so in order to meet a
requirement for continuity of operations.
(iii) An employer
may stagger the time of taking a meal and rest break to meet operational
requirements.
(iv) Subject to the
provisions of subclause (i) hereof, an employee employed as a regular
maintenance person shall work during meal breaks at ordinary rates of pay
whenever instructed to do so for the purpose of making good breakdown of plant
or upon routine maintenance of plant which can only be done while such plant is
idle.
(v) Except as
provided in subclauses (i) and (iv) hereof, and except where any alternative
arrangement is entered into as a result of in-plant discussions as provided in
subclause (iv) of clause 29, Consultation time and a half rates shall be paid
for all work done during meal hours and thereafter until a meal break is taken.
14. Rest Period for
Employees
(i) Employees
shall be allowed a rest period of not less than ten minutes during each day or
shift which shall be taken during the first or second half of the day or shift
as may be decided by a majority of the employees in the shop.
(ii) When
requested by employees and where practicable, suitable seats shall be provided
by the employer for employees.
15. Mixed Functions
An employee engaged for more than two hours during one day
or shift on duties carrying a higher rate than the employees ordinary
classification shall be paid the higher rate for such day or shift. If for two
hours or less during one day or shift, the employee shall be paid the higher
rate for the time so worked.
16. Payment of Wages
(i) Wages shall
be paid as follows:
(a) An employee
who actually works 38 ordinary hours each week - In the case of an employee
whose ordinary hours of work are arranged in accordance with paragraph (a) and
(b) subclause (ii) of clause 8, Implementation of 38-Hour Week, of this award
so that the employee works 38 ordinary hours each week, wages shall be paid
weekly or fortnightly according to the actual ordinary hours worked each week
or fortnight.
(b) An employee
who works an average of 38 ordinary hours each week - Subject to subclauses
(ii) and (iii) hereof, in the case of an employee whose ordinary hours of work
are arranged in accordance with paragraph (c) or (d) of subclause (ii) of
clause 8, Implementation of 38-Hour Week, of this award, so that the employee
works an average of 38 ordinary hours each week during a particular work cycle,
wages shall be paid weekly or fortnightly according to a weekly average of
ordinary hours worked even though more or less than 38 ordinary hours may be
worked in any particular week of the work cycle.
Special Note: Explanation of Averaging System - As
provided in this subclause, an employee whose ordinary hours may be more or
less than 38 in any particular week of a work cycle is to be paid the employees
wages on the basis of an average of 38 ordinary hours so as to avoid
fluctuating wage payments each week. An explanation of the averaging system of
paying wages is set out below:
(1) Clause 8,
Implementation of 38-hour week, provides in subclause (ii) (c) and (d) that in
implementing a 38-hour week the ordinary hours of an employee may be arranged
so that the employee is entitled to a day off, on a fixed day or rostered day
basis, during each work cycle. It is in these circumstances that the averaging
system would apply.
(2) If the 38-hour
week is to be implemented so as to give an employee a day off in each work
cycle this would be achieved if, during a work cycle of 28 consecutive days
(that is, over four consecutive weeks) the employee's ordinary hours where
arranged on the basis that for three of the four weeks the employee worked 40
ordinary hours each week and in the fourth week the employee worked 32 ordinary
hours. That is, the employee would work for 8 ordinary hours each day, Monday
to Friday inclusive, for three weeks, and 8 ordinary hours on four week days
only in the fourth week - a total of 19 days during the work cycle.
(3) In such a case
the averaging system applies and the weekly wage rates for ordinary hours of
work applicable to the employee shall be the average weekly wage rates set out
for the employee's classification in clause 5, Wages, of this award, and shall
be paid each week even though more or less than 38 ordinary hours are worked that
week.
In effect, under the averaging system, the employee
accrues a "credit" each day the employee works actual ordinary hours
in excess of the daily average which would otherwise be 7 hours 36 minutes.
This "credit" is carried forward so that in the week of the cycle
that the employee works on only four days, the employees actual pay would be
for an average of 38 ordinary hours even though, that week, the employee works
a total of 32 ordinary hours.
Consequently, for each day an employee works 8 ordinary
hours the employee accrues a "credit" of 24 minutes (0.4 hours). The
maximum "credit" the employee may accrue under this system is 0.4
hours on 19 days; that is, a total of 7 hours 36 minutes.
(4) As provided in
subclause (ii) of this clause, an employee will not accrue a "credit"
for each day the employee is absent from duty other than on annual leave, long
service leave, public holidays, paid sick leave, workers' compensation,
bereavement leave or jury service. When an employee is absent from duty because
of annual leave, long service leave, public holidays, paid sick leave, workers'
legal advice to determine whether NSW industrial relations laws apply to them.
compensation, bereavement leave or jury service, the employees entitlement is
determined in accordance with the appropriate award provision dealing with such
entitlements.
(ii) Absences from
Duty -
(a) An employee
whose ordinary hours are arranged in accordance with paragraph (c) and (d) of
subclause
(iii) of clause 8,
Implementation of 38-Hour Week, of this award and who is paid wages in
accordance with subclause (i) hereof and is absent from duty (other than on
annual leave, long service leave, public holidays, paid sick leave, workers'
compensation, bereavement leave or jury service) shall, for each day the
employee is so absent, lose average pay for that day calculated by dividing the
employees average weekly wage rate by 5. An employee who is so absent from duty
for part of a day shall lose average pay for each hour the employee is absent by
dividing the employees average daily pay rate by 8.
(a) Provided, when
such an employee is absent from duty for a whole day the employee will not
accrue a "credit" because the employee would not have worked ordinary
hours that day in excess of 7 hours 36 minutes for which the employee would
otherwise have been paid. Consequently, during the week of the work cycle the
employee is to work less than 38 ordinary hours the employee will not be
entitled to average pay for that week. In that week, the average pay will be
reduced by the amount of the "credit" the employee does not accrue
for each whole day during the work cycle the employee is absent.
The amount by which an employee's average weekly pay
will be reduced when the employee is absent from duty (other than on annual
leave, long service leave, public holidays, paid sick leave, workers'
compensation, bereavement leave or jury service) is to be calculated as
follows:
Average weekly pay
|
|
|
Total of credits not accrued
|
|
average week
|
during cycle
|
X
|
38
|
Examples - (An employee's ordinary hours are arranged
so that the employee works 8 ordinary hours on five days of each week for 3
weeks and 8ordinary hours on four days of the fourth week).
(1) Employee takes
one day off without authorisation in first week of cycle.
Week of Cycle and Payment -
1st week
|
=
|
average weekly pay less one day's
|
pay (i.e., less 1/5).
|
|
|
|
|
|
2nd and 3rd weeks
|
=
|
average weekly pay each week.
|
|
|
|
4th week
|
=
|
1/5 average pay less credit not
|
|
|
accrued on day of absence
|
|
|
|
|
|
|
|
=
|
1/5 average pay
less 0.4 hours
|
X average weekly pay
|
|
|
|
30
|
(2) Employee takes
each of the 4 days off without authorisation in 4th week.
Week of Cycle and Payment -
1st, 2nd and 3rd
weeks
|
=
|
average pay each week.
|
|
|
|
4th week
|
=
|
average pay less 4/5 of average pay for the four days
absent
|
|
|
|
=
|
|
less total of credits not accrued that week
|
|
|
|
=
|
=
|
1/5 average pay
|
X average weekly pay
|
|
|
less 4 X 0.4 hours
|
38
|
|
|
|
|
|
|
1/5 average pay
|
X average weekly pay
|
|
|
less 1.6 hours
|
38
|
|
|
|
(iii) Alternative
Methods of Payment -
(a) Provided that
in the case of an employee who prior to 15 March 1982 was working less than 40
ordinary hours each week and who was paid by a method different from that
provided for in subclauses (i) and (ii) hereof, such method may be continued.
(b) Provided
further that, where the employer and the majority of employees concerned agree,
an alternative method of paying wages to that provided in subclauses (i) and
(ii) hereof may be introduced.
(iv) Wages to be
Paid During Working Hours - Subject to subclause (v) hereof, where the majority
of employees in a particular establishment are employed under the terms of this
award, wages shall be paid during ordinary working hours and if an employee is
kept waiting for the employee’s wages on pay day after the usual time for
ceasing work, the employee shall be paid at overtime rates for the period the
employee is kept waiting. Where the majority of employees in a particular
establishment are not employed under the terms of this award, an employee kept
waiting for their wages on pay day for more than six minutes after the usual
time for ceasing work shall be paid at overtime rates after the six minutes.
(v) Day Off
coinciding with Pay Day - In the event that an employee, by virtue of the
arrangement of the employees ordinary working hours, is to take a day off on a
day which coincides with pay day, such employee shall be paid no later than the
working day immediately following pay day; provided that, where the employer is
able to make suitable arrangements, wages may be paid on the working day
preceding pay day.
(vi) Payment by
cheque or electronic funds transfer subject to the NSW Industrial Relations
Act 1996, where an employer and employee agree, the employee may be paid
their wages by cheque or direct transfer into the employee's bank (or other
recognised financial institution) account. Notwithstanding this provision, if
the employer and the majority of employees agree, all employees may be paid
their wages by cheque or direct transfer into an employee's bank (or other
recognised financial institution) account, provided that in the case of
employees paid by cheque, the employer shall, on pay day, if it is required by
the employee, have a facility available during ordinary hours for the
"encashment" of the cheque.
(vii) Payment During
First Week of Employment - On the first pay day occurring during the employee’s
employment, an employee shall be paid whatever wages are due to the employee up
to the completion of the employees work on the previous day; provided that this
subclause shall not apply to employers who make a practice of allowing advances
approximating wages due.
(viii) Termination of
Employment - Upon termination of the employment wages due to an employee shall
be paid to the employee on the day of such determination or forwarded to the
employee by post on the next working day; provided that in the case of an
employee whose ordinary hours are arranged in accordance with paragraph (c) or
(d) of subclause (ii) of clause 8, Implementation of 38-Hour Week, of this
award and who is paid average pay and who has not taken the day off due to the
employee during the work cycle in which the employees employment is determined,
the wages due to that employee shall include the total of credits accrued
during the work cycle as detailed in the Special Note following paragraph (b)
of subclause (i) of this clause.
(ix) Details of
Payments to be Given - On or prior to the employees pay day, the employer shall
state to each employee in writing the amount of wages to which the employee is
entitled, the amount of deduction made there from, and the net amount paid to
the employee.
(x) Calculation of
Hourly Rate - Except as provided in paragraph (a) subclause (ii), of this
clause, hourly rates shall be calculated by dividing the appropriate weekly
rate by 38.
17. General
Conditions
(i) Boiling Water
- The employer shall provide boiling water at meal times for employees.
(ii) Lockers - An
employer shall, at some reasonably convenient place on the premises, provide a
suitable locker for each employee in the workshop or hanging facilities which
afford reasonable protection for employees' clothes.
(iii) Damage to
Clothing, Spectacles, Hearing Aids and Tools - Compensation to the extent of
the damage sustained shall be made where in the course of the work clothing,
spectacles, hearing aids or tools are damaged or destroyed by fire or molten
metal or through the use of corrosive substances. Provided that the employer's
liability in respect of tools shall be limited to such tools of trade as are
ordinarily required for the performance of the employee's duties, provided
further, that this paragraph shall not apply when an employee is entitled to
workers' compensation in respect of the damage.
(iv) Gloves - If
requested by the employees suitable canvas or leather gloves shall be provided
by the employer.
(v) Goggles -
(a) Suitable mica
or other goggles shall be provided by the employer for each employee using
wheels. Where used by more than one employee such goggles shall be sterilised
before being used by another employee. An employee when working on emery wheels
shall wear the goggles provided for the employees protection.
(b) Goggles
containing celluloid shall not be considered suitable for the purpose of this
provision.
(vi) Case Hardened
Prescription Lenses - An employer who requires an employee to have the
employee’s prescription lenses case hardened shall pay for the cost of such
case hardening.
(vii) Tools - The
employer shall provide for each employee such tools as customarily and
necessary for the employee to perform the employee’s duties. The employee shall
replace or shall pay for any tools so provided, if lost through the employee’s
negligence.
18. Annual Leave
(i) Period of
Leave - A period of twenty-eight consecutive days' leave including non-working
days shall be allowed annually to an employee after twelve months' continuous
service (less the period of annual leave) as an employee on weekly hiring in
any one or more of the occupations to which the award applies. An employee on
weekly hiring shall accrue annual leave at a rate of 2.923 hours for each
thirty-eight ordinary working hours worked.
(ii) Seven-Day
Shift Workers - In addition to the leave hereinbefore prescribed seven-day
shift workers, that is, shift workers who are rostered to work regularly on
Sundays and holidays, shall be allowed seven consecutive days' leave including
non-working days. Where an employee with twelve months' continuous service is
engaged for part of the twelve-monthly period as a seven-day shift worker, the
employee shall be entitled to have the period of leave to which the employee is
entitled as prescribed in subclause (i), of this clause, increased by half a
day for each month the employee is continuously engaged as aforesaid.
(iii) Annual Leave
Exclusive of Public Holidays - Subject to this subclause the annual leave
period prescribed by this clause shall be exclusive of any of the holidays
prescribed by clause 11, Holidays and Sunday Work, of this award, and if any
such holiday falls within an employee's period of annual leave and is observed
on a day which in the case of that employee would have been an ordinary working
day there shall be added to the period of annual leave time equivalent to the ordinary
time which the employee would have worked if such day had not been a holiday.
Where a holiday falls as aforesaid and the employee
fails without reasonable cause, proof whereof shall be upon the employee, to
attend for work at the employees ordinary starting time on the working day
immediately following the last day of the period of the employees annual leave,
the employee shall not be entitled to be paid for any such holiday.
(iv) Broken Leave -
The annual leave shall be given and taken in one or two continuous periods. If
the annual leave is given in two continuous periods, then one of those two
periods must be of at least 21 consecutive days, including non-working days.
Provided that, if the employer and an employee so agree, the employees annual
leave entitlement may be given and taken in two separate periods, neither of
which is of at least 21 consecutive days, including non-working days, or in
three separate periods. Provided further that an employee may, with the consent
of the employer, take short term annual leave, not exceeding four days in any
calendar year, at a time or times separate from any of the periods determined
in accordance with this subclause.
(v) Calculation of
Continuous Service - For the purpose of this clause service shall be deemed to
be continuous notwithstanding -
(a) any
interruption or determination of the employment by the employer if such
interruption or determination has been made merely with the intention of
avoiding obligations hereunder in respect of leave of absence;
(b) any absence
from work on account of personal sickness or accident or on account of leave
lawfully granted by the employer; or
(c) any absence
with reasonable cause, proof whereof shall be upon the employee. In cases of
personal sickness or accident or absence with reasonable cause the employee to
become entitled to the benefit of this subclause shall inform the employer, in
writing if practicable, within twenty four hours of the commencement of such
absence of the employees inability to attend for duty and as far as practicable
the nature of the illness, injury or cause and the estimated duration of the
employees absence.
A notification given by an employee pursuant to clause
20, Sick Leave, of this award shall be accepted as a notification under this
subclause. Any absence from work by reason of any cause, not being a cause
specified in this subclause, shall not be deemed to break the continuity of
service for the purposes of this clause unless the employer during the absence
or within fourteen days of the termination of the absence notifies the employee
in writing that such absence will be regarded as having broken the continuity
of service.
In cases of individual absenteeism such notice shall be
given in writing to the employee concerned, but in cases of concerted or
collective absenteeism notice may be given to employees by the posting up of a
notification in the plant, in the manner in which general notification to
employees is usually made in that plant, and by posting to the union whose members
have participated in such concerted or collective absenteeism a copy of it not
later than the day it is posted up in this plant. A notice to an individual
employee may be given by delivering it to the employee personally or by posting
it to the employees last recorded address, in which case it shall be deemed to
have reached the employee in due course of post.
In calculating the period of twelve months' continuous
service the following absences shall be taken into account and counted as time
worked: Up to 152 ordinary working hours - twelve monthly period in the case of
sickness or accident.
Long service leave taken by an employee in accordance
with clause 19, Long Service Leave, of this award.
Other absences from work shall not be taken into account
and shall not count as time worked in calculating the period of twelve months'
continuous service; provided that for the purpose of this clause in calculating
continuous service for periods of less than 12 months, such absences due to
sickness or accident shall be taken into account and counted as time worked on
a pro rata basis of 152 ordinary working hours for twelve months' service.
(vi) Calculation of
Service - Service before the date of this award shall be taken into
consideration for the purpose of calculating annual leave but an employee shall
not be entitled to leave or payment in lieu thereof for any period in respect
of which leave or payment in lieu thereof has been allowed. The period of
annual leave to be allowed under this subclause shall be calculated to the
nearest day, any broken part of a day in the result not exceeding half a day to
be disregarded. Where the employer is a successor or assignee or transmittee of
a business and if an employee was in the employment of the employer's predecessor
at the time when the employer became such successor or assignee or transmittee
the employee in respect of the period during which the employee was in the
service of the predecessor shall for the purpose of this clause be deemed to be
in the service of the employer.
(vii) Leave to be
Taken - The annual leave provided by this clause shall be taken and, except as
provided by subclauses (xii) and (xiii) hereof, payment shall not be made or
accepted in lieu of annual leave.
(viii) Time of Taking
Leave - Annual leave shall be given at a time fixed by the employer within a
period not exceeding six months from the date when the right to annual leave
accrued and after not less than four weeks notice to the employee. Provided
that, by agreement between an employer and an employee, annual leave may be
taken at any time within a period of twelve months from the date at which it
falls due and with less than four weeks notice to the employee.
(ix) Leave Allowed
Before Due Date -
(a) An employer
may allow an employee to take annual leave either wholly or partly in advance
before the right thereto has accrued due. In such case a further period of
annual leave shall not commence to accrue until after the expiration of the
twelve months in respect of which the annual leave or part thereof had been
taken before it accrued.
(b) Where annual
leave or part thereof has been granted pursuant to paragraph (a) before the
right thereof has accrued due, and the employee subsequently leaves or is
discharged from the service of the employer before completing the twelve
months' continuous service in respect of which the leave was granted, and the
amount paid by the employer to the employee for the annual leave or part so
taken in advance exceeds the amount which the employer is required to pay to
the employee under subclause (xii), of this clause, the employer shall not be
liable to make any payment to the employee under subclause (xii), of this
clause, and shall be entitled to deduct the amount of excess from any
remuneration payable to the employee upon the termination of employment.
(x) Payment for
Period of Annual Leave - Each employee before going on leave shall be paid the
wages the employee would have received in respect of the ordinary time the
employee would have worked had the employer not been on leave during the
relevant period, provided that payment for the period specified in subclause
(i) of this clause shall not exceed 152 ordinary hours. Subject to subclause
(xi) hereof, each employee shall, where applicable, have the amount of wages to
be received for annual leave calculated by including the following where
applicable:
(a) Time Workers
(other than Piece Workers) -
(1) The rate
applicable to the employee as prescribed by clause 5, Wages, and subclause
(iii), of clause 6, Allowances and Special Rates.
(2) Subject to
subclause (xi) (b) to the rate prescribed for work in ordinary time by clause
9, Shift Work, of this award, according to the employee's rostered or projected
roster including Saturday and Sunday shifts.
(3) The rate
payable pursuant to clause 15, Mixed Functions, calculated on a daily basis
which the employee would have received for ordinary time during the relevant
period whether on a shift roster or otherwise.
(4) Any other rate
to which the employee is entitled in accordance with the employees contract of
employment for ordinary hours of work; provided that this provision shall not
operate so as to include any payment which is of a similar nature to or is paid
for the same reasons as or is paid in lieu of those payments prescribed by
clause 6, Allowances and Special Rates, or clause 10, Overtime, of this award,
nor any payment which might have become payable to the employee as
reimbursement for expenses incurred.
(b) Piece Workers
- In the case of an employee employed on piece or bonus work or any other
system of payment by results, whether in accordance with this award or
otherwise, the rate which is the weekly average of payments made to the
employee under such scheme for the period actually worked by the employee
during ordinary working hours during the last three-monthly period in respect
of which such payments have been calculated prior to the time of going on leave
or termination of employment as the case may be.
(xi) Loading on
Annual Leave - During a period of annual leave an employee shall receive a
loading calculated on the rate of wage prescribed by subclause (x), of this
clause, subject to paragraph (b) hereof. The loading shall be as follows:
(a) Day Workers -
An employee who would have worked on day work only had the employee not been on
leave - a loading of 17.5 per cent.
(b) Shift Workers
- An employee who would have worked on shift work had the employee not been on
leave - a loading of 17.5 per cent. Provided that where the employee would have
received shift loadings prescribed by clause 9, Shift Work, had the employee
not been on leave during the relevant period and such loadings would have
entitled the employee to a greater amount than the loading of 17.5 per cent,
then the shift loading as prescribed in subclause (x) (a) (2), of this clause,
shall be included in the rate of wage prescribed by subclause (x) in lieu of
the 17.5 per cent loading; provided further that if the shift loadings would
have entitled the employee to a lesser amount than the loading of 17.5 per cent
then such loading of 17.5 per cent shall be added to the rate of wage
prescribed by subclause (x), but not including subclause (x) (a) (2). The
loading prescribed in this subclause shall not apply to proportionate leave on
termination.
(xii) Proportionate
Leave on Termination - an employee on weekly hiring who:
(a) after one
week's continuous service in the employees first qualifying twelve-month period
with an employer, lawfully leaves the employment of the employer or the
employees employment is terminated by the employer through no fault of the
employee; or
(b) after twelve
months' continuous service with an employer, leaves the employment of the
employer or their employment is terminated by the employer for any reason,
2.923 hours for each thirty-eight ordinary hours worked and in respect of which
leave had not been granted under this clause at the appropriate rate of wage
calculated in accordance with subclause (x), of clause 16, Payment of Wages;
(xiii) Annual Close
Down - Where an employer closes down the plant, or a section or sections
thereof, for the purpose of allowing annual leave to all or the bulk of the
employees in the plant, or section or sections concerned, the following
provisions shall apply:
(a) The employer
may, by giving not less than four weeks' notice of the employers intention so
to do, stand off for the duration of the close down all employee's in the
plant, or section or sections concerned and allow to those who are not then
qualified for a full entitlement to annual leave for twelve months' continuous
service, pursuant to subclause (i) hereof, paid leave on a proportionate basis
at the appropriate rate of wage as prescribed in subclauses (x) and (xi) hereof
for 2.923 hours for each 38 ordinary hours worked.
(b) An employee
who has then qualified for a full entitlement to annual leave for twelve
months' continuous service pursuant to subclause (i) hereof, and has also
completed a further week or more of continuous service shall be allowed the
employees leave and shall, subject to subclause (vi) hereof, also be paid at
the appropriate rate of wage as prescribed by subclauses (x) and (xi) hereof
for 2.923 hours for each 38 ordinary hours worked since the close of his last
twelve-monthly qualifying period.
(c) The next
twelve-monthly qualifying period for each employee affected by such close down
shall commence from the day on which the plant, or section or sections
concerned, is re-opened for work; provided that all time during which an employee
is stood off without pay for the purposes of this subclause shall be deemed to
be time of service in the next twelve-monthly qualifying period.
(d) If in the
first year of the employees service with an employer an employee is allowed
proportionate annual leave under paragraph (ix) hereof, and subsequently within
such year lawfully leaves the employees employment or the employees employment
is terminated by the employer through no fault of the employee, the employee
shall be entitled to the benefit of subclause (xii), of this clause, subject to
adjustment for any proportionate leave which the employee may have been allowed
as aforesaid.
(e) The employer
may close down the plant for one or two separate periods for the purpose of
granting annual leave in accordance with this subclause. If the employer closes
down the plant in two separate periods one of those periods shall be for a
period of at least 21 consecutive days, including non-working days. Provided
that where the majority of employees concerned agree, an employer may close
down the plant, work section or sections in one, two or three separate periods
for the purpose of granting annual leave in accordance with this subclause.
Provided further that if an employer closes down the plant on more than one
occasion, one of those periods shall be for a period of at least fourteen
consecutive days including non-working days. In such cases, the employer shall
advise the employees concerned of the proposed dates of each close down before
asking them for their agreement.
(xiv) Part Close Down
and Part Rostered Leave -
(a) The employer
may close down the plant, or a section or sections thereof, for a period of at
least 21 consecutive days, including non-working days, and grant the balance of
the annual leave due to an employee in one continuous period in accordance with
a roster.
(b) Provided that
by agreement with the majority of employees concerned, an employer may close
down the plant for a period of at least fourteen consecutive days, including
non-working days, and grant the balance of the annual leave due to an employee
by mutual arrangement.
(c) The employer
may close down the plant, or a section or sections thereof for a period of less
than twenty one consecutive days and allow the balance of the annual leave due
to an employee in one or two continuous periods either of which may be in
accordance with a roster. In such a case the granting and taking of annual
leave shall be subject to the agreement of the employer and the majority of the
employees in the plant, or a section or sections thereof respectively and
before asking the employees concerned for their agreement, the employer shall
advise them of the proposed date of the closedown or closedowns and the details
of the annual leave roster.
(xv) Exemptions -
This clause shall not apply to any employer in respect of any employee to whom,
pursuant to an award or agreement, Commonwealth or State, an employer is
required to allow annual leave to an extent equal to or greater than that
prescribed herein.
19. Long Service
Leave
See Long Service Leave Act 1955.
20. Sick Leave
(i) An employee
on weekly hiring who is absent from work on account of personal illness, or on
account of injury by accident shall be entitled to leave of absence, without
deduction of pay, subject to the following conditions and limitations:
(a) An employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to workers' compensation.
(b) An employee
shall, as soon as reasonably practicable and during the ordinary hours of the
first day or shift of such absence, inform the employer of the employee’s
inability to attend for duty and, as far as practicable, state the nature of
the injury or illness and the estimated duration of the absence. If it is not
reasonably practicable to inform the employer during the ordinary hours of the
first day of shift of such absence the employee shall inform the employer
within twenty-four hours of such absence.
(c) An employee
shall prove to the satisfaction of the employer (or, in the event of dispute,
the Industrial Relations Commission of NSW) that the employee was unable on
account of such illness or injury to attend for duty on the day or days for
which sick leave is claimed.
(d) First Year of
Employment - An employee shall not be entitled during the first year of any
period of service with an employer to leave in excess of five days of ordinary
working time or in cases where the employee normally works more than 8 ordinary
hours in any day, the employee shall not be entitled to leave in excess of 40
hours of ordinary working time. Provided that during the first five months of
the year of a period of service with an employer the employee shall be entitled
to sick leave which shall accrue on a pro rata basis of one day of ordinary
working time for each month of service completed with that employer to a
maximum of 38 ordinary hours. On application by the employee during the sixth
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
five months and in respect of which payment was not made.
(e) Second or
Subsequent Years of Employment - An employee shall not be entitled during the
second or subsequent year of any period of service with an employer to leave in
excess of 8 days of ordinary working time or in excess of 60.8 hours of
ordinary working time in the case of an employee who normally works more than 8
ordinary hours on any day.
(f) Part Day Absences
- In the case of employees whose hours of work are fixed in accordance with
subclauses (ii) (c), (d) or (v) of clause 8, Implementation of 38-Hour Week, of
this award, sick pay entitlements for part day absences shall be calculated on
a proportionate basis as follows:
duration of sick leave absence
|
X
|
appropriate
weekly rate
|
ordinary hours normally worked that day
|
|
5
|
In the case of employees whose hours of work are fixed
in accordance with clause 8, Implementation of 38-Hour Week, (ii) (a) or (b),
of this award, sick pay entitlements for part day absences shall be calculated
on a proportionate basis as follows:
duration of sick leave absence
|
X
|
appropriate
weekly rate
|
|
|
38
|
(ii) Single Day
Absences - In the case of an employee who claims to be allowed paid sick leave
in accordance with this clause for an absence of one day only, such employee if
in the year the employee has already been allowed paid sick leave on more than
one occasion for one day only, shall not be entitled to payment for the day
claimed unless the employee produces to the employer a certificate of a duly
qualified medical practitioner that in, the medical practitioner's opinion, the
employee was unable to attend for duty on account of personal illness or on
account of injury by accident. However, an employer may agree to accept from
the employee a Statutory Declaration, stating that the employee was unable to
attend for duty on account of personal illness or on account of injury by
accident, in lieu of a certificate of a duly qualified medical practitioner as
prescribed by this subclause. Nothing in this subclause shall limit the
employer's right under paragraph (c), of subclause (i), of this clause.
(iii) Cumulative
Sick Leave - Sick Leave shall accumulate from year to year, so that any balance
of the period specified in paragraphs (d) and (e), of subclause (i), or in
subclause (v), of this clause, which has in any one year not been allowed to an
employee by an employer as paid sick leave may be claimed by the employee and subject
to the conditions hereinbefore prescribed shall be allowed by that employer in
a subsequent year without diminution of the sick leave prescribed in respect of
that year; provided that sick leave which accumulates pursuant to this
subclause shall be available to the employee for a period of twelve years but
for no longer, from the end of the year in which it accrues.
(iv) Attendance at
Hospital, etc. - Notwithstanding anything contained in subclause (i), of this
clause, an employee suffering injury through an accident arising out of and in
the course of the employee’s employment (not being an injury in respect of
which the employee is entitled to workers' compensation) necessitating the
employees attendance during working hours on a doctor, chemist, or trained
nurse, or at a hospital, shall not suffer any deduction from the employee’s pay
for the time (not exceeding four hours) so occupied on the day of the accident,
and shall be reimbursed by the employer all expenses reasonably incurred in
connection with such attendance.
(v) Broken Service
- If an employee is terminated by the employer and is re-engaged by the same
employer within a period of six months, then the employee's unclaimed balance
of sick leave shall continue from the date of reengagement. In such a case the
employee's next year of service will commence after a total of twelve months
has been served with that employer excluding the period of interruption in
service from the date of commencement of the previous period of employment or
the anniversary of the commencement of the previous period of employment, as
the case may be.
(vi) Definition of
Year of Service - "Year of Service" for the purpose of this clause
means the period between the date of commencement in employment in any year and
the anniversary of the commencement in employment in any year and the
anniversary of the commencement of employment in the next year.
(vii) Sickness on
Day Off - Where an employee is sick or injured on the weekday the employee is
to take off in accordance with subclause (ii) (c) or (d), or subclause (v), of
clause 8, Implementation of 38-Hour Week, of this award, the employee shall not
be entitled to sick pay nor will the employees sick pay entitlement be reduced
as a result of the employees sickness or injury that day.
(viii) Alternative
Methods of Payment - Where the employer and the majority of employees concerned
agree, an alternative method of calculating sick leave entitlements to that
provided for in this clause may be introduced.
21. Personal/Career’s
Leave
(i) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 21(i)(c)(2) 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 20, 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 career’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:
(1) the employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
(3) a spouse of
the employee; or
(A) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
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
(B) 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
(C) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(D) 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 27, Dispute Resolution, should be followed.
(ii) 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
21(i)(c)(3) above who is ill or who requires care due to an unexpected
emergency.
(iii) 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.
(iv) 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.
(v) 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.
(vi) 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.
(vii) Personal
Careers Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 21(i)(b) and 21(i)(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 21(i)(c)(3) 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.
22. 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. Where the death of a person as prescribed by
the said subclause (iii) occurs outside Australia, the employee shall be
entitled to a minimum of two days bereavement leave where the employee travels
outside Australia to attend the funeral.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/career’s leave as set out in
subparagraph (2) of paragraph (c) of subclause (i) of clause 21, Personal/Career’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 subclauses
(ii), (iii), (iv), (v) and (vi) of the said clause 21. 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 22(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 21(i)(c)(3) of clause 21, Personal /
Career’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.
22A. 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).
23. Jury Service
(i) An employee
on weekly hiring required to attend for jury service during the employees
ordinary working hours shall be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of the employees attendance
for such jury service and the amount of wage the employee would have received
in respect of the ordinary time the employee would have worked had the employee
not been on jury service.
(ii) An employee
shall notify the employer as soon as possible of the date upon which the
employee is required to attend for jury service. Further, the employee shall
give the employer proof of the employees attendance, the duration of such
attendance and the amount received in respect of such jury service.
24. Redundancy
(i) Application -
(a) This clause
shall apply in respect of full-time and part-time employees employed in the
classifications specified in 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 steps 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,
program, 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 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.
(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),
Employer's Duty to Notify, 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 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, 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.
(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 terminations, 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, 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 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
|
2 years and less than 5 years
|
3 weeks
|
3 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 termination 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 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.
(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 Centre
link.
(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 employee 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
|
(3) "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 and shift penalties paid in accordance with the parent
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 27, Dispute Resolution.
25. Superannuation
(i) Definitions -
In this clause -
(a) "Eligible
employee" means an employee under this award who is or becomes a member of
the superannuation fund selected in accordance with subclause (iii) of this clause
and who is:
(1) a weekly
employee with not less than 4 weeks continuous service with the employer; or
(2) a casual
employee who has:
(A) had a start
with the employer on thirty days in a period no greater than one year; provided
such period commences no earlier than the date one year preceding the operation
of this clause; and
(B) worked an
average in the case of junior employees of at least twelve hours per week and
in the case of adult employees at least six hours per week with the employer
during the one month immediately preceding any day the employer would (but for
this definition) be required to make the superannuation contributions
prescribed in subclause (ii) of this clause.
(b) "Ordinary-time
earnings" means an employee's award classification rate (including
supplementary payment where applicable), any overaward payment, tool allowance,
leading hand allowance and shift loading, including weekend and public holiday
rates where the shift worked is part of the employee's ordinary hours or work.
All other allowances and payments are excluded.
"Act" means the Superannuation Guarantee(Administration Act) 1992.
(c) "Regulations"
means the Superannuation Guarantee (Administration Act) Regulations.
(ii) Contributions
-
(a) Subject to
subclauses (iii), (iv), and (v) of this clause, an employer shall contribute to
a superannuation fund which complies with the Act and Regulations on behalf of
each eligible employee a superannuation contribution equivalent to 3 per cent
of such eligible employee's ordinary time earnings from the beginning of the
first pay period to commence on or after 27 March 1991 provided that:
(1) upon
completion of the qualifying periods specified in subclause (i) of this clause,
contributions on behalf of each eligible employee shall apply from the date of
the employee's commencement of employment with the employer subject to the
operative date of this clause; and
(2) the benefits
offered by the fund selected in accordance with subclause (iii) of this clause
and of which the employee is a member, may be improved such that the
improvements are equivalent to the value of contributions required to be made
by paragraph (a) of subclause (ii) of this clause and are in accordance with
the Act and Regulations.
(b) The
contributions required herein shall be made to the relevant fund selected in
accordance with subclause (iii) of this clause in the manner and at the times
specified by the terms of the fund or any agreement between the employer and
the trustees of the fund.
(iii) Superannuation
Fund -
(a) The employer
shall make the superannuation contributions or improvements pursuant to the
award to any of the following funds selected by the employer provided that such
fund complies with the Act and Regulations:
(1) The
Superannuation Trust of Australia (STA), Australian Retirement Fund (ARF) or
the Australian Superannuation Savings Employment Trust (ASSET).
(2) Any fund which
has application to the employees in the principal business of the employer
where employees covered by this award are a minority of award covered
employees.
(b) Provided
further that an employer shall not be compelled to contribute to more than one
fund in respect of employees covered by this award.
(c) In any
circumstances in which a union respondent to this award is concerned about a
fund selected pursuant to this clause, the union may challenge before the
Industrial Relations Commission of New South Wales the suitability of the fund
within six months of the date of operation of this award or the date of fund selection,
whichever is the later.
(iv) Fund
Membership - The employer shall make the employee aware of the employees
entitlements under his award and offer the employee the opportunity to become a
member of the appropriate fund in accordance with subclause (iii) of this
clause. An employee shall be required to properly complete the necessary
application forms to become a member of the appropriate fund in order to be
entitled to the contributions prescribed in subclause (ii), Contributions, of
this clause.
In any case where the employee refuses to become a
member of the relevant fund and the employer does not make the contributions in
accordance with the said subclause (ii) of this clause on behalf of that
employee, the employer shall notify in writing the trustee of the relevant fund
of such circumstance.
In the event the employee elects not to join the fund,
the employer shall remind the employee, in writing, of the employees
entitlements, within a period of a further six months. Should an employee subsequently
complete the necessary forms and become a member of the fund, the contributions
prescribed in the said subclause (ii) of this clause shall commence from the
pay period commencing after the completion of such forms.
(v) Exemptions -
(a) This clause
shall not apply to any employer who as at 27 March 1991 is already satisfying
and continues to satisfy the requirements of subclause (ii), Contributions, of
this clause by providing new or improved superannuation benefits or
contributions equivalent to three per cent of ordinary time earnings and in
accordance with the Act and Regulations.
(b) In
circumstances where a union is concerned about a fund utilised in paragraph (a)
of this subclause, it may challenge the suitability of that fund within six months
of the date of operation of this award before the Industrial Relations
Commission of New South Wales.
(vi) Absence from
Work -
(a) Paid Leave -
Contributions shall continue whilst a member of a fund is absent on paid leave
such as annual leave, long service leave, public holidays, jury service, sick
leave and bereavement leave.
(b) Unpaid Leave -
Contributions shall not be required to be made in respect of any absence from
work without pay.
(c) Work Related
Injury and Sickness - In the event of an eligible employee's absence from work
due to work related injury or sickness, contributions shall continue for the
period of absence (subject to a maximum of 52 weeks total absence for each
injury or sickness); provided that the member of the fund (employee) is legal
advice to determine whether NSW industrial relations laws apply to them.
receiving payments in accordance with the provisions of this award or an
industrial agreement dealing with accident pay.
26. Apprentices
(i)
(a) The terms of
the Apprenticeship and Traineeship Act 2001 and this award will apply to
apprentices (including adult apprentices, as defined) except where it is
otherwise stated or where special provisions are stated to apply. Apprentices
may be engaged in trades or occupations provided for in this clause where
declared or recognised by an Apprenticeship Authority. The following provisions
shall apply to apprentices:
(b) The period of
apprenticeship shall be four years.
(c) The period may
be varied with the approval of the apprenticeship authority provided that any
credits granted shall be counted as part of the apprenticeship for the purpose
of wage progression under clause 5 (iv).
(d) Further, the
period may be varied to such other period as is approved by the apprenticeship
authority on the basis of an approved competency based training programme.
(e) The wage rates
mentioned in clause 5(iv) may be varied with the approval of the relevant
parties to this award according to the apprentice affected, and the relevant
apprenticeship authority to allow for progression between wage levels based on
the gaining of agreed competencies and/or modules instead of the year of the
apprenticeships. For example, the appropriate proportion of the minimum
training requirement associated with the year of the apprenticeship could only
be used to identify progression from one percentage rate to the next.
(f) Apprentices
shall be supervised in accordance with the requirements of the Apprenticeship
and Traineeship Act 2001.
(ii) Adult
Apprentices
(a) Where a person
was employed by an employer under this award immediately prior to becoming an
adult apprentice (as defined) with that employer, such person shall not suffer
a reduction in the rate of pay by virtue of becoming indentured.
(b) For the purpose
only of fixing a rate of pay the adult apprentice (as defined) shall continue
to receive the rate of pay that applies to the classification or class of work
specified in Table 1 of Part B - Monetary rates of this award in which the
adult apprentice (as defined) was engaged immediately prior to entering into
the contract of indenture.
(iii) Trainees
(a) 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.
(b) With the
approval of the relevant apprenticeship authority, and subject to subclauses
26(i)(c) and 26(i)(d) of this clause, employees may transfer from a traineeship
program to an apprenticeship program under this award.
Adult Employees
Weekly Rates for Full-time Employees
Classification
|
|
|
|
Plastics Worker
|
Former Rate Per
Week
|
SWC 2002 Per Week
|
Total Rate Per Week
|
Grade 1
|
413.40
|
18.00
|
431.40
|
Grade 2
|
430.10
|
18.00
|
448.10
|
Grade 3
|
452.60
|
18.00
|
470.60
|
Grade 4
|
473.50
|
18.00
|
491.50
|
Grade 5
|
NA
|
NA
|
525.20*
|
* Plastics Worker Grade 5 is a new classification which
takes effect on the first pay period to commence on or after 4 December 2002.
27. Dispute
Resolution
(i) Avoidance of
Industrial Disputes -
A procedure for the avoidance of industrial disputes
shall apply in establishments covered by this award. The objectives of the
procedure shall be to promote the resolution of disputes by measures based on
consultation, Co-operation and discussion; and to avoid interruption to the performance
of work and the consequential loss of production and wages.
It is acknowledge that in some companies or sectors of
the industry, disputes avoidance/ settlement procedures are either now in place
or in the process of being negotiated and it may be the desire of the immediate
parties concerned to pursue those mutually agreed procedures. In other cases,
the following principles shall apply:
(a) Depending on
the issues involved, the size and function of the plant or enterprise and the
union membership of the employees concerned, a procedure involving up to four
stages of discussion shall apply. These are:
discussions between the employee/s concerned and at
his/her request the appropriate union shop
steward/delegates, and the immediate supervisors;
discussions involving the employee/s, the shop
steward/s and more senior management;
discussions involving representatives from the State
Branch of the union and the employer organisation
Branch representatives;
discussions involving senior union officials;
There shall be an opportunity for any party to raise
the issue to a higher stage.
(b) There shall be
a commitment by the parties to achieve adherence to this procedure. This should
be facilitated by the earliest possible advice by one party to the other of any
issue or problem which may give rise to a grievance or dispute.
(c) Throughout all
stages of the procedure all relevant facts shall be clearly identified and
recorded.
(d) Sensible time
limits shall be allowed for the completion of the various stages of the
discussions. At least seven days should be allowed for all stages of the
discussions to be finalised.
(e) Emphasis shall
be placed on a negotiated settlement. However, if the negotiation process is
exhausted without the dispute being resolved, the parties shall jointly or
individually refer the matter to the Industrial Relations Commission of New
South Wales for assistance in resolving the dispute.
(f) In order to
allow for the peaceful resolution of grievances the parties shall be committed
to avoid stoppages of work, lockouts or any other bans or limitations on the
performance of work while the procedures of negotiation and conciliation are
being followed.
(g) The employer
shall ensure that all practices applied during the operation of the procedure
are in accordance with safe working practices and consistent with established
custom and practice at the workplace.
(h) An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award, provided that such duties are not designed to promote
de-skilling.
(i) An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been properly
trained in the use of such tools and equipment.
(j) Any direction
issued by an employer pursuant to paragraphs (a) and (b) shall be consistent
with the employer's responsibilities to provide a safe and healthy working
environment.
28. Enterprise
Arrangements
See NSW Industrial Relations Act, 1996.
29. Consultation
(i) Structural
Efficiency
(a) The parties to
this award are committed to Co-operating positively to increase the efficiency,
productivity and international competitiveness of the plastic moulding industry
and to enhance the career opportunities and job security of employees in the
industry.
(b) Enterprise
Consultation - Enterprises covered by this award shall establish a consultative
mechanism and procedures appropriate to their size, structure and needs for
consultation and negotiation on matters affecting their efficiency and
productivity.
(c) Measures
raised for consideration consistent with subclause (ii) herein shall be related
to implementation of the new classification structure, the facilitative
provisions contained in this award and, subject to clause 30, Training, matters
concerning training.
(d) Matters
arising which affect award provisions shall be processed pursuant to clause 28,
Enterprise Arrangements.
(e) Any disputes
arising in relation to the implementation of subclauses (ii) and (iii) herein
shall be subject to the provisions of subclause (viii), of clause 27, Dispute
Resolution, of this award.
(ii) Commitments
to Reform
It is a term of this award that the parties undertake
to continue with the implementation of structural efficiency measures at both
the award and workplace level and that they will assist and actively Co-operate
in achieving increased productivity, efficiency and flexibility at those
enterprises which fall within the scope of this award.
(iii) Review
Process: Facilitative Provisions and Majority Clauses
(a) The parties to
this award shall identify and review the effective use of facilitative
provisions and majority clauses.
(b) The parties
acknowledge that consultation with their respective membership, with the
objective of implementing the review process, will need to take place.
(c) The parties
will then confer at regular intervals regarding the proposals at times and
dates agreed upon between the parties.
(d) Subject to the
Industrial Relations Act 1996, nothing in this clause shall prevent any
of the parties seeking the assistance of the Industrial Relations Commission of
New South Wales, either by way of conciliation or arbitration, at any time
during the review process.
(iv) Procedures for
In-Plant Discussions
(a) Procedures
shall be established for in-plant discussions, the objective being to agree on
the method of implementing a 38-hour week in accordance with clauses 8,
Implementation of 38-Hour Week and 9, Shift Work of this award and entailing an
objective review of current practices to establish where improvements can be
made and implemented.
(b) The procedures
should allow for in-plant discussions to be ongoing.
(c) The procedures
should make suggestions as to the recording of understandings reached and
methods of communicating agreements and understandings to all employees,
including the overcoming of language difficulties.
(d) The procedures
should allow for the monitoring of agreements and understandings reached
in-plant.
(e) In cases where
agreement cannot be reached in-plant in the first instance or where problems
arise after initial agreements or understandings have been achieved in-plant, a
formal monitoring procedure shall apply.
(f) Separate to
these procedures the employer organisations may provide assistance and guidance
to their members on the subject matters to be dealt with in in-plant
discussions and on other relevant matters.
30. Training
(i) The parties
to this award recognise that in order to increase the efficiency, productivity
and international competitiveness of industry, a greater commitment to training
and skill development is required. Accordingly, the parties commit themselves
to:
(a) developing a
more highly skilled and flexible workforce;
(b) providing
employees with career opportunities through appropriate training to acquire
additional skills; and
(c) removing
barriers to the utilisation of skills acquired.
(ii) Following
proper consultation in accordance with subclause (i) of clause 29,
Consultation, or through the establishment of a training committee, an employer
shall develop a training programme consistent with:
(a) the current
and future skill needs of the enterprise;
(b) the size,
structure and nature of the operations of the enterprise;
(c) the need to
develop vocational skills relevant to the enterprise and the plastic moulding
industry through courses conducted by accredited educational institutions and
providers.
(iii) Where it is
agreed a training committee be established that training committee should be
constituted by equal numbers of employer and employee representatives and have
a charter which clearly states its role and responsibilities, for example:
(a) formulation of
a training programme and availability of training courses and career
opportunities to employees;
(b) dissemination
of information on the training programme and availability of training courses
and career opportunities to employees;
(c) the
recommending of the individual employees for training and reclassification;
(d) monitoring and
advising management and employees on the ongoing effectiveness of the training.
(iv)
(a) Where, as a
result of consultation in accordance with the said clause 29 or through a
training committee and with the employee concerned, it is agreed that
additional training in accordance with the programme developed pursuant to
subclause (ii) herein should be undertaken by an employee, that training may be
undertaken either on or off the job. Provided that if the training is
undertaken during ordinary working hours the employee concerned shall not
suffer any loss of pay. The employer shall not unreasonably withhold such paid
training leave.
(b) Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(excluding those textbooks which are available in the employer's technical
library) incurred in connection with the undertaking of training shall be
reimbursed by the employer upon production of evidence of such expenditure.
Provided that reimbursement shall also be on an annual basis subject to the
presentation of reports of satisfactory progress.
(c) Travel costs
incurred by an employee undertaking training in accordance with this clause
which exceed those normally incurred in travelling to and from work shall be
reimbursed by the employer.
(v) Subclauses
(ii), (iii) and (iv) herein shall operate as interim provisions and shall be
reviewed after nine months operation. In the meantime, the parties shall
monitor the effectiveness of those interim provisions in encouraging the
attainment of the objectives detailed in subclause (i) herein. In this
connection, the union reserves the right to press for the mandatory
prescription of a minimum number of training hours per annum, without loss of
pay, for an employee undertaking training to meet the needs of an individual
enterprise and/or the plastic moulding industry.
(vi) Any disputes
arising in relation to subclauses (ii) and (iii) shall be subject to the
provisions of clause 27, Dispute Resolution, of this award.
31. 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
ground 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.
(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
practise 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.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
32. Shop Stewards
(i) An employee
appointed shop steward in the shop or department in which the employee is
employed shall, upon notification thereof to the employer, be recognised as the
accredited representative of the union to which the employee belongs. An accredited
shop steward shall be allowed the necessary time during working hours to
interview the employer or their representative on matters affecting the
employees whom the shop steward represents.
(ii) Subject to
the prior approval of the employer an accredited shop steward 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 the shop stewards belongs on legitimate union business.
33. Notice Board
The employer shall permit a notice board of reasonable
dimensions to be erected in a prominent position in the plant or in a separate
building in each plant so that it will be reasonably accessible to all the
employees working under this award.
Accredited union representatives shall be permitted to put
on the notice board or boards union notices, signed or countersigned by the
representative posting it. Any notice posted on such board not so signed or
countersigned may be removed by an accredited union representative or by the
employer.
34. Basis of Award
and Leave Reserved to Apply
(i) In order to
maintain uniformity in the industry this award is based upon the current award
of the Australian Industrial Relations Commission known as the Metal,
Engineering and Associated Industries Award 1998 Part 1.
(ii) Leave is
reserved to the parties to apply at any time for variation of this award in
order to make the rates and conditions of work uniform with any award or order
of the Australian Industrial Relations Commission which rescinds and/or varies
the award referred to in subclause (i), of this clause, so that uniformity in
the industry created by this award may be maintained
35. Exemption
This award shall not apply to Formica Australia Pty. Limited
whilst it continues to observe the terms and conditions of Industrial Agreement
No. 7828 filed with the Industrial Registrar on 8 October 1987, or any
variation thereof or any agreement made in substitution thereof.
36. Area, Incidence
and Duration
(a) This award has
been reviewed pursuant to section 19 of the Industrial Relations Act
1996. It rescinds and replaces the Plastic Moulding, &c. (State) Award
published 2nd November 2001 (329 I.G. 83).
(b) This award
shall apply to all employees engaged in or in connection with plastic moulding
in the State, excluding the County of Yancowinna, excepting: Maintenance
fitters and turners and toolmakers; and Employees engaged in plastic moulding
in the rubber industry or in an industry which manufactures goods by plant and
equipment which are normal to the rubber industry.
(c) The changes
made to the award pursuant to the Award Review under 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 5 February 2008.
(d) This award
remains in force until varied or rescinded, the period for which it was made
already having expired. Plastic Moulding (State) Industrial Committee
Industries and Callings All employees engaged in or in connection with plastic
moulding in the State, excluding the County of Yancowinna.
Excepting -
Maintenance fitters and turners and toolmakers;
Employees engaged in plastic moulding in the rubber
industry or in an industry which manufactures goods by plant and equipment
which are normal to the rubber industry.
APPENDIX A
Classification Definitions
Classification -
(i) Machine
Operator means an adult employee who operates an extrusion injection moulding,
blow moulding, compression moulding, vacuum forming or R.F. Welding Machine or
any other machine producing plastic articles which require the application of a
similar level of skill where such employee is required to exercise discretion
as to all or any of the following matters - kind of quantity of powder,
pressure, temperature and time of curing and running speed, including take-off
speed and screw speed in the case of extrusion. (Old Wage Group G24.)
(ii) Machine Operator
(other) means an adult employee who operates the same machine but does not
exercise the discretion referred to in the definitions of machine operator.
(Old Wage Group G42.)
(iii) Examiner of
Materials - part finished or finished products - means an adult employee who is
specifically engaged as an examiner paid as such and in the course of the
employees duties exercises discretion as to the quality of the work examined.
(Old Wage Group G38.)
(iv) Impregnating
Machine Operator means an adult employee engaged on the wet end of impregnating
machine used in the manufacture of laminated products known under their
registered trade names of Laminex and Panalyte or similar materials. (Old Wage
Group G34.)
(v) Laminating
Machine Operator means an adult employee engaged on a laminating press
manufacturing laminated products known under their registered trade names of
Laminex and Panelyte or similar products. (Old Wage Group G34.)
(vi) Hand Laminator
- Class 1 is an adult employee required to perform all processes listed for
"Hand Laminator - Class 2" and able to work from blueprints or
drawings. The employee is also to perform both of the following tasks:
(a) construct
moulds;
(b) capable of
carrying out repair work on all types of reinforced plastic components. (Old
Wage Group G19.)
(vii) Hand Laminator
- Class 2 is an adult employee required to exercise discretion and accept
responsibility for the employees own work and who is capable of bringing a
reinforced plastic component to completion. This includes the following tasks:
preparation of moulds; preparation of constituents,
including such operations as performing mat making, fibre, resin, deposition,
etc., including use of spray gun; laminating by all methods; stripping and
finishing and minor repair work. (Old Wage Group G31.)
(viii) Assembler
means an adult employee, not being a process worker, who assembles and/or fits
components and accessories of F.R.P. products. (Old Wage Group G34.)
(ix) means fibre
reinforced plastic.
(x) Press Operator
- Rigid and Semi-rigid Plastic means an adult employee operating a press who
shapes sheets of plastic by the application of heat and pressure and is
required to exercise discretion as to all or any of the following matters -
pressure, temperature and time of curing. (Old Wage Group G33.)
(xi) Thermo
Welder/Fabricator - Rigid and Semi-rigid Plastics, means an adult employee who
is required to weld and/or glue and fabricate articles made from rigid or
semi-rigid plastic by hand and shall not include an employee operating an
electronic or radio frequency welding machine.
(xii) Process Worker
means an employee engaged on:
(a) repetition
work on any automatic, semi-automatic or single purpose machine or any machine
fitted with jobs, gauges or other tools rendering operations mechanical (and in
connection with which the employee is not responsible for the setting up on the
machine or the dimensions of the products other than by checking with gauges,
which gauges shall be either unadjustable or, if adjustable, shall not be set
by the operator); or
(b) in the
assembling of parts of mechanical appliances or other articles so made in which
no fitting or adjustment requiring skill is required; or
(c) in specialised
processes not requiring use of hand tools excepting hammers, pliers,
screwdrivers, spanners and files and such tools as are necessary for deburring
or removing rags or edging. (Old Wage Group - G40.)
PART B
MONETARY RATES
Table 1 - Wages
Adult Employees -
|
Weekly Rates for
Full-time Employees
|
Classification
|
Wage Rate Payable
as of
|
SWC 2007
|
Wage rate payable
as
|
|
|
31 January 2007
|
Per Week
|
at 31 January 2008
|
|
|
$
|
$
|
$
|
|
Plastics Worker -
|
|
|
|
|
Grade 1
|
504.40
|
27.00
|
531.40
|
|
Grade 2
|
521.10
|
20.00
|
541.10
|
|
Grade 3
|
543.60
|
20.00
|
563.60
|
|
Grade 4
|
564.50
|
20.00
|
584.50
|
|
Grade 5
|
598.20
|
20.00
|
618.20
|
|
Junior Employees -
Age
|
Percentage of
|
Wage Rate
|
SWC 2007
|
Wage Rate
|
|
Grade 2
|
Payable as of
|
per week
|
Payable as of
|
|
|
31 January 2007
|
|
31 January 2008
|
|
%
|
$
|
$
|
$
|
Under 16 years of age
|
36.8
|
191.75
|
7.35
|
199.10
|
At 16 years of age
|
47.3
|
246.50
|
9.45
|
255.95
|
At 17 years of age
|
57.8
|
301.20
|
11.55
|
312.75
|
At 18 years of age
|
68.3
|
355.90
|
13.65
|
369.55
|
At 19 years of age
|
82.5
|
429.90
|
16.50
|
446.40
|
At 20 years of age
|
97.7
|
509.10
|
19.55
|
528.65
|
Table 2 -
Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
Payable
|
|
|
|
$
|
|
1
|
6.(i)
|
Meal Allowance
|
10.35
|
per meal
|
2
|
6.(ii) (a)
|
Leading Hand: 3 to 10 employees
|
27.45
|
per week
|
3
|
6.(ii) (b)
|
Leading Hand: 11 to 20 employees
|
40.80
|
per week
|
4
|
6.(ii) (c)
|
Leading Hand: more than 20 employees
|
51.80
|
per week
|
5
|
6.(iii)
|
First Aid Allowance
|
12.50
|
per week
|
6
|
6.(iv) (a)
|
Dirty Work
|
0.47
|
per hour
|
7
|
6.(iv) (b) (1)
|
Hot Places: between 46°C and 54°C
|
0.47
|
per hour
|
8
|
6.(iv) (b) (2)
|
Hot Places: exceeding 54°C
|
0.61
|
per hour
|
9
|
6.(iv) (c)
|
Wet Places
|
0.47
|
per hour
|
10
|
6.(v)
|
Motor Allowance
|
0.62
|
per km
|
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.