PRINTING INDUSTRIES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996.

 

(Nos. IRC 2905 and 3142 of 1999 and 574 and 578 of 2000 and 1205 of 2001)

 

 

REVIEWED AWARD

 

PART A

 

Clause No       Subject Matter

 

1.         Definitions

2.         Anti-Discrimination

3.         Contract of Employment

4.         Termination of Employment

5.         Trade Union Training Leave

6.         Redundancy

7.         Rationing of Work Prohibited

8.         Casual Employees

9.         Part-time Workers

10.       Payment of Wages and Pay Day

11.       Hours of Work

12.       Shift Work

13.       Overtime

14.       Stand By For Work

15.       Call Back

16.       Missing Usual Conveyance

17.       Meal Period

18.       Holidays and Leave.

19.       Annual Leave

20.       Sick Leave

21.       Personal Carers Leave

22.       Bereavement Leave

23.       Parental Leave

24.       Long Service Leave

25.       Jury Service

26.       Accident Pay

27.       Proof Reading

28.       Gluing Machine

29.       Restrictions on Taking Work Off Employer's Premises

30.       Letting and Hiring of Premises or Plant

31.       Letterpress and Lithographic Printing Conditions

32.       Piece Work

33.       Mixed Functions

34.       Limitations of Employment of Juniors

35.       Health Notices and Provisions

36.       Protective Clothing and Changing Rooms

37.       Employer to Provide Facilities

38.       First Aid

39.       Guillotine Machine Work

40.       Platen Machines Used for Carton Cutting

41.       Bronzing or Dusting Off

42.       Right of Entry

43.       Union Delegate

44.       Posting of Union Notices

45.       Production

46.       Exemption

47.       Superannuation

48.       Area, Incidence and Duration

 

Schedule A - Machine Composition

Schedule B - vacant

Schedule C - Guidelines Maximum Plant Capacity

Appendix A - Industries and Callings

 

PART B

 

MONETARY RATES

 

Table 1 - Rate of Wage

Table 2 - Other Rates and Allowances

 

PART A

 

1.  Definitions

 

(a)                     "A non-apprenticed junior:

 

(i)         An employee of 18 years of age or over who is employed in a non-apprenticeship occupation specified in Table 1 Part B of this award and who is receiving the adult wage for that occupation.

 

(ii)        Any employee who has completed their apprenticeship but has not attained the age of 21 years shall be defined as an adult.

 

(iii)       A non-apprenticed junior who has not attained the age of 21 years who is employed as a "keyboard operator/assemblers" as specified in Table 1 Part B of this award shall be defined as an adult.

 

(b)                    Art and/or designing (including commercial art) howsoever described

 

(i)         shall, subject to paragraph (ii) of this definition, mean and refer to the work of an employee employed in or in connection with design, sketching, drawing, tracing, aero graphing, keying, colouring, photographs, retouching of bromides, reproducing, writing (including ticket writing), lettering, illustrating, commercial art, or in copying art work or layouts, or in any way preparing art work or layouts for use or prospective use within the industry covered by this award, but

 

(ii)        shall not refer to the work of an employee employed in or in connection with any work on photographic negatives or positives (but not including bromides).

 

(c)                     "Compositor" shall mean and refer to a tradesman who performs the general trade skills of composition.

 

(d)        "Industrial Committee" means the Printing Industry Compositors, Cardboard Box Makers (Cumberland and Newcastle) Industrial Committee.

 

(e)                     "Corrugated and Solid Fibreboard Containers"

 

(i)         The provisions of this subclause apply only to the classifications set out in Part 3 of Schedule D of this award.  Those classifications relate to the machinery and equipment described in the Corrugated Box Manufacturers Handbook, Third Edition, published by the S and S Corrugated Paper Machinery Company Inc. New York in November 1965 together with all other machinery, equipment and processes operating in the Corrugated and Solid Fibreboard Container Section of the Industry as at 1 July 1978.

 

(ii)        (1)        A dispatcher is an employee in a finished goods despatch area whose duties include (but

not being the labouring aspects only of such functions) Receiving finished goods; assembling or collecting goods in store to satisfy orders, requisitions or schedules; checking goods before despatch for quantity, type or size; handing over goods to the person authorized to receive such goods.  In addition he may be required to keep appropriate records.  There shall be at least one employee in each finished goods despatch area who is classified as a dispatcher.

 

(2)        Any dispute as to whether an employee should be classified as a dispatcher shall be referred to the Industrial Committee.

 

(iii)       "Forklift and/or grab truck and/or similar powered vehicles" shall exclude any vehicle where the operator is not required to ride on the vehicle in order to operate it.

 

(iv)       (1)        "Machinist" means, without limiting the generality of that term, the person who, under the

direction of the employer is in charge of and responsible for the safety of those under his control, the efficient operation, care and cleanliness of the equipment and its immediately surrounding areas, the behaviour of the crew (if any) and the setting up, maintenance of quality and output of the machine in accordance with the standards set by the employer.

 

(2)        "Assistant machinist" means the person (who is second in charge of the machine) appointed by the employer to assist the machinist in the performance of any of the duties of the machinist as defined but who is not responsible for taking charge of the machine, unless so directed by the employer.

 

(3)        "Any other employer on that machine" means an employee other than the machinist or assistant machinist who is assigned to the machine by the employer to perform work at the direction of the machinist.

 

(v)        "Single facer machinist" means the person in charge of a single facer either operating in line with a double backer or as a separate unit, making single faced board.

 

(vi)       "A printer-slotter" means a machine used for printing, slotting, scoring and/or slitting and includes printing machines (not being printing attachments) such as long way through printers and solid fibreboard box makers such as the Swift or the Thrissel.  A printer-slotter may have attachments for limited die cutting operations, for example, hand holes and ventilation holes.

 

(vii)      "Printing attachment" shall mean a simple printing device incapable of printing on its own but which when attached to another machine can perform a limited printing function.

 

(viii)     (1)        A storeperson is an employee in a store whose duties include receiving and/or storing

away and/or issuing goods and materials used in connection with the manufacture of corrugated and/or solid fibreboard and/or goods made there from (not being the labouring aspects only of such functions; in addition they may be required to keep appropriate records.  There shall be at least one employee in each store who is classified as a storeperson.

 

(f)         "Day's Work" shall mean work performed between the usual hours of commencing and finishing work on any day work, or shift work.

 

(g)        "Embossing" shall mean and include the making of an impression or impressions upon any surface by the use of male and female dies, whether or not ink, foil (whether of metal or otherwise), or any other colouring medium is being or has been applied to the surface upon which the impression is being or has been made.

 

(h)                    "Flexible Packaging Printing"

 

(i)         "Flexible packaging printing" shall mean and refer to the printing of flexible packaging materials using the flexographic and/or gravure printing process and may include the moulding and mounting of printing plates for flexible packaging printing.

 

(ii)        "Flexible packaging materials" shall mean and refer to packaging materials made of paper, paperboard, film (cellulose and the like), plastics, foil and similar materials and combinations thereof being sufficiently flexible for reel feeding through printing, forming or converting machinery.

 

(iii)       "Printing machinist (flexible packaging printing)" shall mean and refer to a person required to exercise general trade skills and who is engaged in the printing of flexible packaging materials using the flexographic and/or gravure printing process but shall not refer to a person covered by any classification described in Table 1 Part B of this award.

 

(iv)       "Flexographic printing" shall mean and refer to a method of rotary letterpress printing for flexible packaging which employs rubber or other types of flexible plates and rapid drying fluid inks.

 

(v)        "Gravure printing" shall mean and refer to a process of printing, for flexible packaging, from a recessed surface, the opposite of letterpress printing, in that the design areas are recessed into the place instead of being in relief.

 

(i)                      "Printing Machining"

 

(i)         (1)        "Printing machinist" shall mean and refer to a person employed as a "printing machinist".

 

(2)        A "printing machinist" may be employed on machines in either

 

(A)       letterpress and/or lithographic printing; or

 

(B)        flexible packaging (flexographic and/or gravure) printing and/or gravure printing.

 

(3)        A "printing machinist" may be transferred from operating letterpress and/or lithographic printing machines to operating flexible packaging printing (flexographic and/or gravure) machines and/or gravure printing machines and vice versa.

 

(ii)        "Gravure printing" shall mean and refer to printing from a recessed surface; the opposite of letterpress printing, in that the design areas are recessed into the plate instead of being in relief and shall include photogravure, rotogravure, colour-gravure and gravure printing however designated.

 

(iii)       "Letterpress printing" shall mean and refer to printing by direct or offset printing processes from electrotypes, stereotypes-engraved blocks, type, or any other form of printing from a relief surface and shall include printing by multigraph, writer press, roneotype, or similar machines printing from type, stereos, electros, zincos, photo-engraving or the like, but shall not apply to printing which is done wholly by ribbon process using a stencil of waxed paper or prepared tissue paper.

 

(iv)       "Lithographic printing" shall mean and refer to planeographic printing by direct or offset printing processes from surfaces or stone, rubber, metal, or other material on paper, tin or other material, and shall include printing by Multilith, Rotaprint, or any similar type of printing machine but shall not apply to printing which is done wholly by ribbon process using a stencil of waxed paper or prepared tissue paper.

 

(j)         "Hourly rate of time worker's hourly rate" shall mean the weekly wage prescribed by this award for the work performed divided by the number of hours, which constitute the employee's ordinary working week.  In the event of an employee being employed on shift work the penalty payable for work at such hours shall be part of the weekly wage of that employee.

 

(k)        "Packer and/or dispatchers" shall mean employees engaged in the despatch of goods and whose duties include (but not being the labouring aspects only of such functions); receiving goods, assembling, packing or collecting goods to satisfy orders, requisition of schedules, checking goods before despatch for quantity, type or size, handing over goods to the person authorized to receive such goods.  In addition they may be required to keep appropriate records.  A "packer and/or dispatcher" shall not include an employee who merely takes off goods and/or materials from a machine, table or conveyor and/or wraps those goods and/or places them in containers and/or cartons and/or other receptacles but does not despatch them.  Any dispute as to whether an employee should be classified, as a packer and/or dispatcher shall be referred to the Industrial Committee for determination.

 

(l)         "Screen printing" shall mean the process of printing or reproducing through a metallic mesh screen or a screen made of silk or other material; the preparation of copy including screen art and/or designing and/or the making therefor of all classes of stencils.

 

(m)       "Small Offset Lithographic Printing Machine" shall mean and refer to small offset lithographic printing machines known by the trade names "A B Dick", "Gestelith", "Hamada", "MGD 22", "Multilith", "Romayor" and "Rotaprint" (and any other similar kind of machine) having a sheet size the longest side of which is less than 620 millimetres (24.5 inches) with the shortest side not exceeding 450 millimetres (18 inches) and with the printing mechanism driven by a motor which is specified by the manufacture as not exceeding 1.1 kilowatt power (1.5 horsepower):

 

             Provided that nothing herein shall be construed to include the printing machines known by the trade name "Davidson Dualith" or letterpress printing machines of any description.

 

(n)        "Stamping" shall mean and include the making of an impression or impressions upon any surface by the use of a blocking die or blocking dies and using ink, foil (whether of metal or otherwise), or any other colouring medium on the surface upon which the impression is being or has been made.

 

(o)        "Union" shall mean and refer to Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union.

 

(p)        "Work room" shall mean and include every room or place where work in respect of which a wage is prescribed by this award is usually performed by employees.

 

(q)                    Graphic Reproduction -

 

(i)         "Cylinder Preparer" shall mean and refer to a person employed as a "Cylinder Preparer" in any or all of the following group of operations:  depositing, grinding, coating, carbon printing, etching and proofing.

 

(ii)        "Dot etching and Retouching" shall mean and refer to the following group of operations or any of them: aerographing, tracing, stripping, opaquing, staging, dot reducing, retouching, colour correcting negatives and/or positives, and all things incidental thereto.

 

(iii)       "Image Preparer" shall mean and refer to a person employed as an "Image Preparer" in any or all of the following group of operations:  graphic camera operating, transparency duplication, scanner copy preparation, electronic scanning, masking, step and repeat, dot etching, retouching, planning and proofing.

 

(iv)       "Lithography and lithographic", without limiting the meaning of such words, shall mean and refer to the lithographic processes known as photo-lithography, photo-lithographic, lithographic, offset, photo offset, offset, lithography, offset printing, metalithography, metalography, planeography, chromolithography, and dry lithography.

 

(v)        "Plate Preparer" shall mean and refer to a person employed as a "Plate Preparer" in any or all of the following group of operations:  photo imposing, platemaking, planning, stripping, opaquing, step and repeat, plate etching, finishing, proofing, photopolymer plate production, laser platemaking techniques and duplicate plate production.

 

(r)                     "Non-impact printing machine" shall mean and refer to -

 

(i)         Non-impact printing machines used in or in connection with the commercial printing industry but not including non-impact printing machines used solely for photocopying or facsimile transmission and -

 

(ii)        Non-impact printing machines which employ non-impact printing technology in applying images to paper and/or other surfaces and includes (either singularly or in combination) but is not limited to - lasography, inkjet and inkbubble, ion deposition, thermal transfer, xerography, magnetography, cathode ray tube projection, light emitting diode, liquid crystal display and -

 

(iii)       Non-impact printing machines called electronic printing machines or laser printing machines, which use one or more of the above processes.  Major manufacturers of this type of equipment include, but are not limited to Canon, Hewlett Packard, Siemens, Rank-Zerox and IBM.

 

2.  Anti-Discrimination

 

(a)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and carer's responsibility.

 

(b)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(c)        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.

 

 

(d)                    Nothing in this clause is to be taken to affect:

 

(i)         any conduct or act which is specifically exempted from anti-discrimination legislation.

 

(ii)        offering or providing junior rates of pay to persons under 21 years of age.

 

(iii)       any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.

 

(iv)       a party to this award from pursuing matters of unlawful discrimination in any state or

 

(e)        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.

 

NOTES

 

(i)         Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(ii)        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.

 

3.  Contract of Employment

 

(a)        All employees shall be engaged on a full-time, part-time or casual basis.

 

(b)        A full-time or part-time worker entitled to payment of a weekly wage shall perform such work as the employer shall from time to time require on the days and during the hours usually worked by such employee.

 

(i)         An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training; provided that such duties are not designed to promote deskilling.

 

(ii)        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.

 

(iii)       Any direction issued by an employer pursuant to paragraphs (i) and (ii) of this subclause shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

 

4.  Termination of Employment

 

(a)                     Notice of Termination by Employer

 

(i)         In order to terminate the employment of a weekly time worker or weekly piece worker the employer shall give to the employee the following notice:

 

Period of Continuous Service	Period of Notice
1 year or less	1 week
Over 1 year and up to the completion of 3 years	2 weeks
Over 3 years and up to the completion of 5 years	3 weeks
Over 5 years	4 weeks

 

(ii)        In addition to the notice in paragraph (i) hereof, employees over 45 years of age at the time of giving the notice with not less than two years continuous service, shall be entitled to an additional week's notice.

 

(iii)       Payment in lieu of the notice prescribed in paragraphs (i) and/or (ii) hereof 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.

 

(iv)       In calculating any payment in lieu of notice the wages employees would have received in respect of the ordinary time they would have worked during the period of notice, had their employment not been terminated, shall be used.

 

(v)        Where weekly piece workers receive notice in accordance with paragraphs (i) and/or (ii) hereof, they shall during the period that such notice runs be given the same amount of piece work as it has been customary for them to perform during the period of their engagement.

 

(vi)       The period of notice in this clause shall not apply in the case of dismissal for 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 specific task or tasks.

 

(vii)      For the purpose of this clause, "period of continuous service" means the period during which the employee has served the employer under an unbroken contract of employment.

 

(b)                     Notice to Commence

 

Notice may be given on any day of the week provided always that the notice given in this subclause shall not be given so as to take effect concurrently with any annual leave to which the employee may be entitled and such notice or payment in lieu of notice shall be additional to any bonus payable to the employee under clause 19, Annual Leave, of this award.

 

For the purposes of this subclause, notice given at or before the commencement of any day work or shift work shall commence to run from the beginning of such day or shift and notice given after the commencement of day work or shift work shall not begin to run until the commencement of the next succeeding day or shift.

 

(c)                     Notice of Termination by Employees

 

The notice of termination required to be given by a weekly time worker or a weekly piece worker shall be the same as that required of any employer save and except that there shall be no additional notice based on the age of the employee concerned.

 

If an employee fails to give notice, the employer shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.

 

In calculating any payment in lieu of notice the wages employees would have received in respect of the ordinary time they would have worked during the period of notice, had their employment not been terminated, shall be used.

 

Where weekly piece workers give notice in accordance with paragraph (ii) hereof, they shall, during the period that such notice runs, be given the same amount of piece work as it has been customary for them to perform during the period of their engagement.

 

(d)                     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 their employment and the classification of or the type of work performed by the employee.

 

(e)                     Summary Dismissal

 

Notwithstanding the provisions of paragraph (i) of subclause (a) and subclause (c) hereof, the employer shall have the right to dismiss any employee without notice for conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty and in such cases the wages shall be paid up to the time of dismissal only.

 

(f)                     Disputes Settlement Procedures

 

(i)         As soon as is practicable after the dispute or claim has arisen, the employees concerned will take the matter up with their immediate supervisor, affording them the opportunity to remedy the cause of the dispute or claim.

 

(ii)        Where any such attempt at settlement has failed, or where the dispute or claim is of such a nature that a direct discussion between the employees and their immediate supervisor would be inappropriate, the employees shall notify a duly authorised representative of the union who, if they consider that there is some substance in the dispute or claim, shall forthwith take the matter up with the employer their representative.

 

(iii)       If the matter is not settled it shall be submitted to the Industrial Relations Commission of New South Wales, which shall endeavour to resolve the issue between the parties by Industrial.

 

(vi)       Without prejudice to either party, work should continue in accordance with the award while the matters in dispute are being dealt with in accordance with this paragraph.

 

(g)                    Abandonment of Employment

 

(i)         The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned their employment.

 

(ii)        Provided that if, within a period of fourteen days from their last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted, an employee has not established to the satisfaction of their employer that they were absent for reasonable cause, they shall be deemed to have abandoned their employment.

 

(iii)       Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the latest.

 

(h)                    Interruption of Work

 

(i)         An employer may deduct payment for any time an employee of that employer cannot usefully be employed because of any strike by the union, or any other union, or through any breakdown of machinery or any stoppage of work for any cause for which the employer cannot be held responsible.

 

(ii)        In the event of work being temporarily stopped by a breakdown of machinery, or by any cause for which the employer cannot be held responsible, and the employee having lost at least two day's pay, the employee, whether a weekly time worker or weekly piece worker, may inform the employer of their intention to terminate their employment, whereupon the employment shall be terminated without the employee being required to give the appropriate notice pursuant to subclause (c) hereof and they shall be paid such moneys as are due to them under this award.

 

5.  Trade Union Training Leave

 

(a)        Subject to subclause (b) hereof, a union delegate (or officer of the chapel elected in accordance with the rules of the union) with not less than 6 months service with the employer shall, upon application in writing, be granted up to five days leave with pay each calendar year non-cumulative to attend courses conducted or approved by the Trade Union Training Authority which are designed to promote good industrial relations and industrial efficiency within the industry.

 

The application to the employer must include the nature, content and duration of the course to be attached.

 

(b)        In each establishment employing more than 10 weekly employees under this award, the employer may be requested to approve leave in accordance with this clause subject to the following limitations:

 

(i)         Where the employer employs 11 and not more than 20 weekly employees under this award, 1 delegate or officer of the chapel may be granted 5 days leave in any 12-month period.

 

(ii)        Where the employer employs more than 20 and not more than 30 weekly employees under this award, 2 delegates or officers of the chapel may each be granted 5 days leave in any 12-month period.

 

(iii)       Where the employer employs more than 30 and not more than 50 weekly employees under this award, 3 delegates or officers of the chapel may each be granted 5 days leave in any 12-month period

 

(iv)       Where the employer employs more than 50 and not more than 90 weekly employees under this award, 4 delegates or officers of the chapel may each be granted 5 days leave in any 12-month period.

 

(c)        The granting of leave pursuant to this clause shall be subject to the employer or the union giving not less than four weeks notice of the intention to attend such course or such lesser period of notice as may be agreed by the employer.

 

(d)        (i)         The granting of leave pursuant to this clause shall be subject to the employer being able to make

adequate staffing arrangements amongst current employees during the period of such leave.

 

(ii)        An employer shall not use this subclause to avoid an obligation under this clause.

 

(e)                     Leave of absence granted pursuant to this clause shall count as service for all purposes of this award.

 

(f)         Each employee on leave approved in accordance with this clause shall be paid all ordinary time earnings.  For the purpose of this subclause "ordinary time earnings" for an employee means the classification rate, over-award payment and shift loading which otherwise would have been payable.

 

(g)        All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided in this clause shall be the responsibility of the employee or the union.

 

(h)        An employee may be required to satisfy the employer of attendance at the course to qualify for payment of leave, unless the employee would otherwise have been entitled to payment under clause 20, Sick Leave, of this award.

 

(i)         An employee granted leave pursuant to this clause shall, upon request, inform the employer of the nature of the course attended and their observations on it.

 

(j)         In the event a scheduled rostered day off falls within a period of leave approved pursuant to this clause, no alternative day off shall be substituted in lieu.

 

(k)        Either party may refer any disagreement in the application of this clause to the Industrial Relations Commission of New South Wales for assistance in the resolution of the matter.

 

(l)                      Leave is reserved to the union to apply for variation of subclause (b) of this clause.

 

6.  Redundancy

 

(a)                     Application

 

(i)         This clause shall apply in respect of full-time and part-time employees.

 

(ii)        This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

 

(iii)       Notwithstanding anything contained elsewhere in this clause, 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.

 

(iv)       Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(b)                     Introduction of Change

 

(i)         Employer's duty to notify

 

(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 the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(ii)        Employer's duty to discuss change -

 

(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 (i) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(2)        The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (i) of this subclause.

 

(3)        For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(c)                     Redundancy

 

(i)         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 subparagraph (1) of paragraph (i) of subclause (b) above, 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.

 

 

(d)                     Termination of Employment

 

 

(i)         Notice for Changes in Production, Program, Organisation or Structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subclause (b)(i)(1) above.

 

(1)        In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

 

 

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

(2)        In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.

 

(3)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(ii)        Notice for Technological Change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause (b)(i)(1) above:

 

(1)        In order to terminate the employment of an employee the employer shall give to the employee 3 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.

 

(iii)       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 purposes 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.

 

(iv)       Employee leaving during the notice period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(v)        Statement of employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

 

(vi)       Notice to Centrelink - Where a decision has been made to terminate 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.

 

(vii)      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 Centrelink.

 

(viii)     Transfer to lower paid duties - Where an employee is transferred to lower paid duties for reasons set out in paragraph (i) of subclause (b) above, 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 an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

 

 

(e)                     Severance Pay

 

 

(i)         Where employment of an employee is to be terminated pursuant to subclause (d) above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

 

 

(1)        If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

 

 

Years of Service	Under 45 Years of Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

(2)        Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

 

Years of Service	Over 45 Years of Age 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)        "Weeks pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances provided for in the relevant award.

 

(ii)        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 (i) above.

 

(iii)       Alternative Employment - 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 (i) above if the employer obtains acceptable alternative employment for an employee.

 

(f)         Savings Clause - Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

 

7.  Rationing of Work Prohibited

 

Nothing in this award shall be read as authorizing the rationing of work of weekly full-time employees or amongst weekly full-time employees so as to reduce the number of hours per week customarily worked by any such employee

 

8.  Casual Employees

 

(a)        A casual employee is one who is engaged and paid as such.

 

(b)        An employer when engaging people for casual employment shall inform them then and there that they are to be employed as a casual.  A casual employee after two weeks of continuous employment as a casual employee shall become a full or part-time employee.

 

(c)        Casual employees have been continuously employed when they have worked the same days and hours on a regular and systematic basis.

 

(d)        If a casual employee commences duty or is required to attend for duty on any day or night and actually attends for duty for the period required by the employer, such employee, shall in respect of such day or night, be paid the appropriate rate for four hours at the least.

 

(e)        A casual employee whether working on day work or shift work shall be paid at the hourly rate prescribed for such work, with the addition of 20 per cent, and in the case of an employee employed on shift work the further addition of the allowance prescribed by subclause (c) of clause 12, Shift Work, of this award.

 

(f)         A casual employee when working on a holiday or overtime or at any time for which weekly employees are paid above their ordinary rate of pay, shall be paid the appropriate award rate payable to an employee of the same class working at such time with the addition of 20 per cent.

 

9.  Part-time Workers

 

(a)        They shall be part-time workers employed pursuant to subclause (a) of clause 3, Contract of Employment, of this award;

 

(b)        Part-time employees shall be worked on any of the days or all of the days of the week, Monday to Friday.  If a part-time employee works in excess of their agreed hours they shall be paid as overtime;

 

(c)        If part-time workers, they shall be paid for each hour worked at the hourly rate prescribed by this award for a full-time employee for the class of work performed by them.  No employee is to be paid less than the minimum weekly wage prescribed by this award as is proportionate to the time worked by them as specified in subclauses hereof;

 

(d)        The provisions of this award as regards annual leave, sick leave and public holidays shall apply on a pro rata basis to part-time workers.

 

(e)        Notwithstanding anything contained in this award, an employer and a person, who for personal reasons is unable to attend for work as a full-time worker and who desires and applies for permanent employment on a part-time basis, may agree that the ordinary working hours of such person shall be of such lesser number of hours than the ordinary hours prescribed by clauses 11, Hours of Work and 12, Shift Work, of this award.  Having regard to the alternatives prescribed in those changes as they shall mutually determine.  Such agreement shall be in writing signed by both parties and shall not become operative until deposited with and approved by the union, or branch thereof having members employed in the establishment upon the type of work upon which the part-time worker is to be engaged and failing such approval being given by such union, be ratified by the Industrial Relations Commission.

 

10.  Payment of Wages and Pay Day

 

(a)        Employee shall be paid their wages on any weekday in each week and such wages, including payment for any absences authorised by this award, shall be paid not later than two clear days after the end of the pay week in respect of which they have become due; provided that overtime worked within one day of the end of a pay period may be paid to the employee in the next pay week.

 

(b)        (i)         Wages shall be paid by cash, cheque or electronic transfer (as determined by the employer)

during working hours provided that wages paid by electronic funds transfer shall be credited to the employee's account without cost to the employee at the time of transfer.

 

(ii)        Wages shall be paid during working hours.  Time and one-half shall be paid for all non-working time during which an employee is kept waiting for his/her wages except when the delay is for a reason beyond the employer's control.

 

(c)        An employer may change pay day or pay week provided that no employee shall suffer any financial disadvantage as a result of the change.

 

(d)        (i)         When in accordance with a notice of termination of employment as provided by this award an

employee's employment is terminated during the course of a week they shall, at the termination of their employment, be paid all money due and owing to them.

 

(ii)        In the event of an employer failing to so forward all moneys due within the time prescribed in this subclause the employer shall, for each working day thereafter pay to the employee a full day's pay:  Provided that where the employee's right to pay or the amount thereof is disputed this subclause shall not apply to the amount in dispute only.  The provisions of this clause will apply when the dispute has been resolved by the Industrial Relations Commission of New South Wales.

 

11.  Hours of Work

 

(a)                     Day Work

 

(i)         Day work is work (other than overtime work) performed between the hours of 7 am and 5:30 pm, except for employees previously covered by the Compositors, &c. (Country) Award where day work is work performed between the hours of 7am and 6pm.

 

(ii)        The ordinary weekly hours of duty for day workers shall be worked in not more than five days, Monday to Friday, inclusive, of each week.

 

(iii)       The ordinary day work hours of employees shall not exceed eight hours a day on Monday to Friday, inclusive, and shall not exceed 40 hours in any week, to be worked between 7:00 am and 5:30 pm, provided that the time of starting work of any person employed to clean the premises, and of the Linotype mechanic or other male person who attends to arrange the heating of Linotype or like metal pots or other heating apparatus for the machines or buildings, may be 6:30 am.

 

(b)                     Fixation and Change of Hours

 

(i)         The daily working hours, including the meal period of each employee employed on day work shall be as determined by the employer provided that -

 

(1)        An employer shall not alter the usual daily working hours of any employee unless and until that employee has had one week's notice of the alteration which is to be made; and

 

(2)        any alteration of the duration and/or of the usual commencing time of the meal period of employees shall be made only as provided in clause 17, Meal Period, of this award.

 

(ii)        Working hours once having been fixed shall not be changed until at least one week after such fixation has been in actual operation, provided always that should any alteration of the working hours be affected other than in accordance with paragraph (i) of this subclause the employees shall be paid double time for all time worked outside their ordinary hours fixed in accordance with paragraph (i) of this subclause.

 

(c)                     Posting of Working Hours

 

The daily working hours of each work room, including the meal period and the name and working hours of each employee employed in that work room whose hours differ there from, shall be posted and conspicuously displayed in such workroom.

 

(d)                     Emergency Provisions

 

(i)         In a case of emergency beyond the control of an employer, the employer may require employees to change their usual working period (including the meal break of such period) on giving them forty-eight hours' notice to that effect, without the payment of the penalty prescribed by subclause (b) of this clause.  The ordinary working hours of such an employee shall not be so changed more than once in a working week.

 

(ii)        In the event of employees being required to change their usual working period in a case of emergency beyond the employer's control, without receiving forty-eight hours' notice of the change, they shall be paid double time or double rates for all time worked by them until the expiration of forty-eight hours after the employee has commenced the new working hours.

 

12.  Shift Work

 

(a)                     Definitions

 

For the purposes of this clause -

 

"Afternoon Shift" means any shift finishing after 6:00 pm and at or before midnight;

 

"Night Shift" means -

 

(i)         any shift finishing subsequent to midnight and at or before 6 am for non-continuous shift workers; and

 

(ii)        any shift finishing subsequent to midnight and at or before 8 am for continuous shift workers;

 

"Continuous Shift Work" means work carried on with consecutive shifts of employees throughout the 24 hours of each of not more than five consecutive days, Monday to Friday, inclusive, without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

 

"Morning Shift" means any shift commencing at or after 5:00 am and prior to 7:00 am but nothing in this definition shall cause an employee working in accordance with the provisions of paragraph (iii) of subclause (a) of clause 11, Hours of Work, of this award, to be deemed to be working on morning shift.

 

(b)                     Hours - Shift Work

 

Hours - Shift Work - The ordinary weekly hours of duty for a shift worker shall not exceed eight hours a day on Monday to Friday, inclusive, and shall not exceed 40 hours in any week; provided that work by a night shift worker commencing on a Friday may continue into the Saturday for the remaining ordinary hours of work which commenced on the Friday.

 

(c)                     Shift Allowances

 

(i)         An employee when on morning shift or when on afternoon shift or when on a night shift which rotates with or alternates with day work and/or afternoon shift, shall, in addition to the day work wage by this award prescribed for the work that he/she performs, be paid 20 per cent of that day work wage.

 

(ii)        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 them at least one-third of their working time off night shift in each shift cycle;

 

shall during such engagement period or cycle be paid for all time worked during ordinary working hours on such night shift 30 per cent in addition to the day work wage by this award prescribed for the work they perform.

 

(d)                     Allowance part of weekly wage.

 

The relevant shift allowance prescribed by subclause (c) of this clause for shift workers shall be part of their weekly wage for the purpose of calculating appropriate overtime rate payable in accordance with subclause (f) of this clause and clause 13, Overtime, of this award.

 

(e)                     Meal Break - Continuous Shift Work

 

Employees employed on continuous shift work (i.e. day workers, afternoon shift workers and night shift workers) shall, on the shift on which they are employed, be permitted and shall take a meal break of 30 consecutive minutes and such meal break shall be counted as time worked and paid as such.

 

(f)                     Change of Working Periods

 

(i)         Employees who during the course of a week's work are transferred from day work to night shift or from night shift to day work shall, without loss of pay, be allowed at least ten hours' break between the time of finishing their day work and the time of commencing their night shift or from the time of finishing their night shift and the time of commencing their day work, as the case may be.  If such ten hours' break is not allowed the employees shall be paid double time or double rates for all hours worked by them until they have had such ten hours' break.  Employees shall not be transferred from day work to night shift or vice versa more than once in a working week.

 

(ii)        This subclause shall, with the necessary changes, apply to any employee changed from day work to shift work or from shift work to day work or from one shift to another shift.

 

(g)                    Shift Workers not to Work Alone

 

An employer shall not require or permit an employee to work before 7:00 am or after 5:30 pm (or in the case of employees formerly covered by the Compositors, &c. (Country) Award, before 7.00 am or after 6.00 pm) in connection with power-driven machinery (except floor cleaning or floor polishing appliances) or corrosive acids or poisonous substances unless he/she works within normal sight or hearing of at least one other person.

 

(h)                    Fixation and Change of Hours

 

(i)         The daily working hours, including the meal period of each employee employed on day work or shift work shall be as determined by the employer provided that:

 

(1)        an employer shall not alter the usual daily working hours of an employee unless and until that employee has had one week's notice of the alteration which is to be made; and

 

(2)        any alteration of the duration and/or the usual commencing time of the meal period of employees shall be made only as provided in clause 17, Meal Period, of this award.

 

(ii)        Working hours once having been fixed pursuant to this subclause, such hours shall not be changed until at least one week after such fixation has been in actual operation, provided always that should any alteration of the working hours be effected other than in accordance with paragraph (i) of this subclause, the employees shall be paid double time for all time worked outside of their ordinary hours fixed in accordance with paragraph (i) of this subclause.

 

(i)                     Posting of Working Hours

 

The daily working hours of each work room including the meal period and the name and working hours of each employee employed in that work room whose hours differ therefrom, shall be posted and conspicuously displayed in such work room.

 

(j)                     Emergency Provisions

 

Subject to the provisions of sub-clause (b) of this clause -

 

(i)         in a case of emergency beyond its control, an employer may require employees to change their usual working period (including the meal break of such period) on giving them forty-eight hours' notice to that effect without the payment of the penalty prescribed by subclause (h) of this clause.  The ordinary working hours of such employees shall not be so changed more than once in a working week.

 

(ii)        in the event of employees being required to change their usual working period in a case of emergency beyond the employer's control, without receiving forty-eight hours' notice of the change, they shall be paid double time or double rate for all time worked by them until the expiration of forty-eight hours after the employee has commenced the new working hours.

 

(k)                    Enabling Provision for Extended Shift Operation

 

(i)         Notwithstanding the provisions of clauses 11, Hours of Work and 12, Shift Work, of this award and subject to its terms and conditions being ratified by the Industrial Relations Commission of New South Wales, a system of ordinary working hours which provides that ordinary hours of work may be worked on any day or all of the days of the week may be introduced by mutual agreement between an employer and the majority of the employees in the plant or section or sections concerned and the union.  In the absence of agreement either party may refer the matter to the Industrial Relations Commission of New South Wales for assistance and resolution of the matter.

 

(ii)        Where pursuant to the operation of subclause (a), the terms and conditions of a system of ordinary working hours which provide that ordinary hours of work may be worked on any of the days or all of the days of the week has been ratified, its terms and conditions shall apply to the extent of any inconsistent provisions contained elsewhere in this award.

 

(iii)       For the purposes of this clause days of the week mean Monday to Sunday inclusive.

 

 

 

13.  Overtime

 

(a)        All overtime earnings of an employee shall be paid in full and no deduction shall be made from such overtime earnings by reason of any time not worked by such employee.

 

(b)                    Minimum Periods of Pay Therefor

 

(i)         When employees are required to work overtime exceeding thirty minutes but less than one hour they shall be paid as though they had worked one hour's overtime.

 

(ii)        Employees, if called upon to work overtime in excess of one hour after the finishing time of their ordinary working hours, shall be paid for a minimum of two hours' work at overtime rates.

 

(c)        Time Workers - All duty performed in excess of or outside the hours mentioned in clause 11, Hours of Work, or clause 12, Shift Work, of this award, as the case may be, or in excess of an employee's ordinary working hours shall be overtime and shall be paid for at the rate of time and a half for the first three hours and double time thereafter.

 

(d)                    Work on a Saturday or a Sunday

 

(i)         Except as otherwise provided in this subclause, double time or double rate shall be paid for all work done on a Saturday or on a Sunday.

 

(ii)        Employees who have been notified that they will be required to work on a Saturday (not being work which is continuous with work which commenced on a Friday) or on a Sunday and they so report for work and are ready, willing and able to perform such work shall be provided on a Saturday with at least two hours' work or at least two hours' pay at double time or double rates, or on a Sunday with at least four hours' work or at least four hours' pay at double time or double rates.

 

(iii)       Except as otherwise provided in subclause (b) of Clause 12, Shift Work, the provisions of this subclause shall apply to shift workers provided that shift workers required to work on a Saturday immediately after the finishing time of their ordinary working hours which commenced on a Friday shall be paid in accordance with subclause (c) or subclause (d), as the case may be, of this clause.

 

(e)                     Work on a Holiday

 

An employee required to work on a holiday shall be paid pursuant to subclause (g) of clause 18, Holidays and Leave, of this award.

 

(f)                     Meal Period During Overtime

 

(i)         An employee shall not work overtime for longer than five hours without a meal period of half an hour.

 

(ii)        Notwithstanding subclause (b) of clause 17, Meal Period, where employees working overtime can complete their work within three hours after their ordinary finishing time they may continue to work for that period without a break for a meal provided that they do not work for more than six and a half hours from their previous meal break.

 

(iii)       Where overtime is worked before the ordinary hour of commencing work and such overtime is of one and a half hours or more the employee shall, within five hours of the commencement of such overtime, be required to take a meal period of half an hour without deduction of pay.  Nothing in this paragraph shall in any way affect the taking by the employees of their ordinary meal period prescribed by the said clause 17, of this award.

 

(g)                    Meal Money

 

(i)         An employee who is required to work overtime for more than one and a half hours without being notified on the previous day or earlier that the employee will be so required to work or has been so notified of such overtime and then is not required to work such overtime shall be paid an amount set in Item 2 of Table 2, Part B as meal money for the first meal period and the same amount again, for each subsequent meal period taken in accordance with paragraph (ii) of subclause (f) of this clause.

 

(ii)        A junior who is required to work overtime for more than one and one-half hours shall be paid an amount set in Item 3 of Table 2, of Part B as meal money for the first meal period and the same again as meal money for each subsequent meal period occurring during such overtime.

 

(iii)       The employer shall endeavour to pay the meal money herein prescribed prior to the commencement of the meal period in respect of which such money is payable.

 

(iv)       Where work on a Saturday, Sunday or public holiday exceeds five hours, meal money shall not be payable in respect of the first meal period taken.  In the event of such work continuing to an extent that requires subsequent meal period or meal periods to be observed as prescribed in clause 17, Meal Period, of this award, an amount set in Item 4 of Table 2 of Part B shall be paid as meal money for each such meal period occurring.

 

(h)                    Break Between Working Periods

 

(i)         36-Hour Break - Employees who are required to work more than 6 consecutive days if a day work employee or 6 consecutive shifts if a shift work employee without a clear interval from work of 36 hours after the 6^th day or shift shall be paid double time or double rate for all work performed by them after the 6^th day or shift until they shall have had such clear interval of 36-hours.  If employees are stood off for any period during the ordinary working week in order to allow a 36-hour break there shall be no reduction in their weekly wage.

 

(ii)        Ten-Hour Break - Employees who have worked overtime shall be informed that they are entitled to and be granted a break of at least ten hours between the time of finishing work and the time when they next commence work, and no deductions shall be made from their pay because of any time lost by reason of such beak.  Where the employees are required to work before they have completed the break of ten hours they shall be paid double time or double rate for all time worked by them until they shall have had a break of at least ten hours.

 

(i)                      Employer May Require Overtime

 

(i)         Subject to subclause (a) of this clause, an employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.

 

(ii)        No party to this award shall in any way whether directly or indirectly be a party to or concerned in any ban or limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

 

(iii)       This subclause shall remain in operation until otherwise determined by the authority competent so to do under the Industrial Relations Act 1996.

 

(j)                      Employees May be Excused from Overtime

 

An employer shall not insist upon employees working overtime where the employees declare they are not free to work and discloses a good reason to the employer to support their declaration.  Employees shall not be dismissed or in any way whatsoever prejudiced in their employment by reason of their refusal to work overtime where they have satisfactorily disclosed that they are not free to work.  Any dispute arising under this subclause shall be heard and decided by the Industrial Committee.

 

14.  Stand By For Work

 

(a)        A stand by for work is that period of time when employees are required by their employer to hold themselves in readiness to perform work outside of their ordinary working hours but are not required to be at their place of employment during that period of stand by:  Provided that employees and their employer make arrangements as to where they (the employees) may be contacted by the employer and meet the employer's request to report for work if necessary or be released from standing by for work, the employee's movements during such period of stand by shall be unrestricted.

 

(b)        For all time employees are required to stand by for work as described in subclause (a) of this clause they shall be paid if a -

 

(i)         weekly employee - at the rate of the time worker's hourly day work rate as prescribed by this award;

 

(ii)        casual employee - at the rate prescribed in subclause (d) of clause 8, Casual Employees, of this award, for day work.

 

(c)        Employees required to stand by for work at their place of employment shall be paid as though they were working, ie, if such stand by is during -

 

(i)         the ordinary hours of work - payment shall be made at and be part of their ordinary wage;

 

(ii)        overtime hours - the time shall be reckoned as part of their period of overtime and payment shall be made at the appropriate rate of pay as prescribed in clause 13, Overtime, of this award.

 

15.  Call Back

 

(a)        When employees are called back to perform work at a time when they would not ordinarily be at work and the employees have not been notified prior to their last finishing work that they would be so called back such call shall be a "call" for purposes of this award.

 

(b)        Except as otherwise provided in subclause (d) of this clause, an employee called back shall be paid one hour's ordinary pay for such "call" and, in addition, shall be paid as provided in subclause (c) of this clause.

 

(c)        All time worked on a "call" shall be paid for at double ordinary hourly rates of pay with a minimum of three hours' work or payment at such rate in lieu thereof.

 

(d)        In the event of employees receiving a "call" and then, prior to commencing work in accordance therewith, being informed by the employer that their services on such "call" are not required the employees shall, if they have -

 

(i)         left their place of residence - be paid as if they had in fact started work;

 

(ii)        not left their place of residence - be paid one hour's ordinary pay.

 

(e)        The provisions of this clause shall not apply where the employees are notified during the course of a weekend that they are required to report for overtime work prior to their normal commencing time on the first working day after that weekend and such overtime work -

(i)         does not exceed 30 minutes; and

 

(ii)        is continuous with the commencement of their ordinary working time.

 

16.  Employee Missing Usual Conveyance

 

(a)        Whenever the finishing time of any employees working overtime or working on any temporary shift work is such as to cause them to miss the usual means of conveyance home and there is no reasonable alternative transport available they shall be conveyed home in a suitable manner, without delay, at the expense of the employer.

 

(b)        In the event of transport as required by this clause not being provided by the employer the appropriate overtime rates shall be paid for all time necessarily occupied by the employees in reaching their home.

 

17.  Meal Period

 

Subject to subclause (c) of clause 11, Hours of Work, and subclause (h) of clause 12, Shift Work, as the case may be, the following provisions shall apply to Meal Periods:

 

(a)        The minimum time allowance for meals shall be three-quarters of an hour and the maximum allowance, one hour.

 

(b)        No employee shall be compelled to stop work except for meals and subject to paragraph (iii) of subclause (g) of clause 13, Overtime, no period of work shall exceed five hours without a break for meals.

 

(i)         Where, pursuant to clause 11, Hours of Work, an employer has adopted a system of ordinary working hours which does not require employees to work for more than six hours on a day or shift and they are not required to work in excess of their ordinary hours on that day or shift, then, by agreement between the employer and the majority of those employees, a meal break need not be taken on that day or shift.

 

(ii)        By agreement between an employer and an employee or 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.

 

(c)        Subject to subclause (e) of this clause, where employees are required to work during their usual meal period they shall be paid one-half extra on the hourly rate of their weekly wage for the time so worked, and they shall be allowed their usual meal period as soon as it can be arranged, but not later than five hours after commencing work each day.

 

(d)                    The meal period of any employee on day work shall be between the hours of 11:00 am and 2:00 pm

 

(e)                     The usual time of day of an employee's meal period may be altered:

 

(i)         By the employer after the employee has had one week's notice of the alteration which is to be made; or

 

(ii)        By an employer acceding to a request by employees that they desire a change in order to attend to some business arrangement, domestic or other personal necessity, in which case notice of alteration shall not be required; or

 

(iii)       By agreement between an employer and employees in which case notice of alteration shall not be required provided that such agreement shall not be made for the sole purpose of avoiding the penalty prescribed by subclause (c) of this clause.

(iv)       By an employer where a change is necessary in order to meet a requirement for continuous running of a machine in which case notice of alteration shall not be required.  Provided that such change shall not be effected in circumstances where the employee has an existing commitment that prevents the meal period being altered.

 

(f)         The duration and time of day of the usual meal period of an employee determined in pursuance of this clause shall be shown in the employer's time and wages records.

 

18.  Holidays and Leave

 

(a)        Except as otherwise provided in subclause (e) of clause 8, Casual Employees, of this award, the provisions of this clause shall apply only to weekly employees.

 

(b)        (i)         Employees shall be entitled to be absent from their employment without deduction of pay on any

holiday.  In this award "holiday" means the day observed in the State as any of the following days or any day substituted therefore:  New Year's Day; Anniversary (or Australia) Day (26 January); Eight Hour (or Labour) Day; Good Friday; Easter Saturday; Easter Monday: Anzac Day; The Birthday of the Sovereign; Christmas Day; and Boxing Day; provided that:

 

(1)        Where a holiday may fall on a non-working day and the State may with regard to its own employees prescribe in the following week a certain working day as an additional holiday, such working day shall be a holiday within the meaning of this clause.

 

(2)        There shall be an additional public holiday each year on a date agreed to between the relevant parties respondent to this award; provided that in individual establishments some other day may be observed as a holiday in lieu of that additional holiday, and provided further that such other day to be observed is negotiated by the union and each employer to meet the reasonable requirements of all employees in that particular establishment and the management of that establishment.

 

(3)        Where in the State or locality within the State another day is provided by legislation or is proclaimed or gazetted by authority of the Commonwealth Government or the State Government in substitution for a holiday mentioned in this subclause, and such holiday is to be observed generally as a holiday by persons throughout that State or a locality thereof, other than by those covered by federal awards, then such day shall be deemed to be a holiday for the purposes of this award, and employees covered by this award who are employees in the State or locality in respect of which the holiday has been provided, proclaimed or gazetted shall be entitled to such holiday.  Provided that in the event of a substitute day being provided by legislation or proclaimed or gazetted as aforesaid, the day on which the holiday would have in fact fallen shall not be deemed to be a holiday for any purpose of this award.

 

(ii)        Where in the State or locality within the State an additional public holiday is proclaimed or gazetted by the authority of the Commonwealth Government or of the State Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout the State or locality thereof, or when such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such a day shall be deemed to be a holiday for the purposes of this award, for employees covered by this award who are employed in the State or locality in respect of which the holiday has been proclaimed or ordered as required.

 

(c)        By agreement between an employer and the majority of its employees in a particular plant or section thereof other days may be substituted for any of the days or substituted days provided for in subclause (b) of this clause and such days shall be a holiday within the meaning of the clause:  Provided that such agreement shall be subject to the approval of the union and such approval shall not be unreasonably withheld.

 

(d)                    Holidays and Termination of Employment -

 

(i)         An employer shall not terminate the employment of a weekly employee for the purpose of evading payment for the holidays prescribed by this award.

 

(ii)        Where employees are dismissed within one week before any holiday (or within one week before the first day of several holidays) their re-engagement by the same employer within one week after such holiday (or, as the case may be, within one week after the last day of such several holidays) shall be prima facie evidence that their employment was terminated in breach of paragraph (i) of this subclause.

 

(iii)       Where the employer terminates the employment within one week of a day on which a holiday occurs the employee shall be paid for such holiday or holidays prescribed by this award; provided that such employee had been employed by the employer for a period of at least one week prior to the termination of the employment.

 

(e)                     Absence from Employment

 

(i)         Where employees are 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 employees shall not be entitled to payment for such holiday.

 

(ii)        When employees are absent from their employment for a period exceeding fifteen (15) consecutive workings days with the consent of the employer or through an injury in respect of which they are paid workers' compensation under the Workers' Compensation Act 1987, he/she shall not be entitled to payment for any public holidays occurring during any period of absence which exceeds fifteen (15) consecutive working days.

 

This provision shall not apply where the absence is due to personal ill health, or personal injury in respect of which they are not paid workers' compensation under the Workers' Compensation Act 1987.

 

(f)                     Payment for Holidays

 

The wage payable under this clause to weekly employees when the employees are absent from work on a public holiday, which occurs on an ordinary working day, shall be, with regard to full time employees, one-fifth of their ordinary weekly wage for each such holiday.

 

(g)                    Work on a Holiday

 

(i)         Weekly time workers who have been notified that they will be required to work on a public holiday and report for work and are ready, willing and able to perform the work for which they have been notified shall be provided with at least four hours' work or at least four hours' pay at the rate prescribed by this subclause (g).

 

(ii)        Where weekly time workers work on a public holiday prescribed by this clause which occurs on an ordinary working day, they shall receive their ordinary pay for that holiday and in addition shall be paid for the work which they perform at the rate of time and one-half of their ordinary weekly wage.

 

(iii)       Should weekly time workers, who have worked on a holiday within the hours of their ordinary working day, work on such holiday before the ordinary hour of commencing work or after the ordinary hour of finishing work they shall be paid at the rate of two and one-half times the ordinary time work rate or at the rate of two and one-half times the ordinary piece work rate, as the case may be, for the hours worked before the ordinary hour of commencing work or after the ordinary hour of finishing work.

 

(h)                    Easter Saturday

 

(iv)       On Easter Saturday weekly time workers who have been notified that they will be required to work on that day and they so report for work and are ready, willing and able to perform such work shall be paid at the rate of double time and one-half or double rate and one-half for all work done by them.  In the event of insufficient work being provided to keep weekly time workers continually employed for a minimum of four hours they shall be paid for any non-working time in that four-hour period at the rate of double time and one-half of the time worker's ordinary hourly rate.

 

(v)        This subclause (g) shall, with the necessary changes, apply to an employee on day work or shift work, as the case may be.

 

 

(i)                      When Holidays to be Taken

 

The holidays specified in this clause shall, so far as

 

(i)         a day work employee is concerned, be taken on the day on which the holiday is observed.

 

(ii)        a morning shift employee or an afternoon shift employee is concerned, be taken on the day on which the holiday is observed;

 

(iii)       a night shift employee is concerned, be taken on the night of the day on which the holiday is observed, except where the employer and the majority of employees working night shift in the establishment shall agree that the holiday shall be taken on the eve of the day on which the holiday is observed:  Provided always that the holiday for a night shift worker shall be one night off work with pay comprising the consecutive hours for the work for that night.

 

19.  Annual Leave

 

Period of Leave - The entitlement of an employee to annual leave shall be as prescribed in subclause (a) of this clause.  The entitlement of an employee to all other annual leave shall be as prescribed in subclause (c) of this clause.

 

(a)                     The stipulations of this subclause (a) shall apply where the employment is not terminated -

 

(i)         Except as otherwise provided in this award, employees shall at the end of each year of their employment by their employer become entitled to four weeks' leave of absence on full pay.

 

(ii)        Each employee before going on leave shall be paid four weeks' wages.  The pay shall be at the rate prescribed by Table 1, Rate of Wage, of this award for the occupation in which the employee was ordinarily employed immediately prior to the commencement of his leave, unless the employee was being paid a higher wage, then it shall be that higher wage.  A wage shall not be so computed as to include overtime.

 

(iii)       During a period of annual leave an employee, other than a shift worker, shall, in addition, receive a loading of 17.5 per cent calculated on the wage prescribed by paragraph (ii) of this subclause in addition to payment for Annual Leave.

 

(iv)       Where an employee is a shift worker and would have received a shift allowance as prescribed by clause 12, Shift Work, of this award had not been on annual leave during the relevant period, then that shift allowance shall be added to the rate of wage prescribed by paragraph (ii) of this subclause in lieu of the 17.5 per cent loading prescribed by paragraph (iii) of this clause.

 

(v)        The employer may give at any time in advance the period of continuous leave on full pay, prospectively due.

 

(vi)       Where the leave has been taken before the right to the annual leave has accrued, the right to further annual leave shall not commence to accrue until after the expiration of the year of employment in respect of which the leave has been so taken.

 

(vii)      The leave of absence shall be given by the employer and shall be taken by the employee before the expiration of a period of six months from the date upon which the right to leave accrues.

 

(viii)     The employer shall have the right to fix when such leave will be given.

 

(ix)       Except as provided in subclause (b) of this clause payments shall not be made by an employer to an employee in lieu of the leave to which the employee is entitled under this clause, nor shall any such payment be accepted by the employee.  Payment shall not excuse an employer whose employees have not taken the leave to which they are entitled under this clause from their obligations under this clause notwithstanding any agreement whereby the employee purports to waive the leave to which they are entitled.

 

(x)        The employer shall give employees at least four weeks' notice of the commencing date on which they shall be required to take their leave.

 

(xi)       Where any holiday for which the employee is entitled to payment under this award occurs during any period of leave taken by an employee under this subclause, the period of the leave shall be increased by one day in respect of that holiday provided that the payment for such holiday shall not be included in the calculation of the annual leave loading prescribed by paragraph (iii) or, paragraph (iv), as the case may be, of this subclause.

 

(xii)      Where, as provided in paragraph (xi) of this subclause, the period of an employee's annual leave is extended by a holiday or holidays occurring therein and the employees are absent form their employment without reasonable excuse or without the consent of the employer -

 

(1)        on the working day immediately preceding the first day of that period of annual leave, the employee shall not be entitled to payment for such holiday, or the first of such holidays, as the case may be;

 

(2)        on the working day immediately following the last day of that period of annual leave the employee shall not be entitled to payment for such holiday, or the last day of such holidays, as the case may be.

 

(b)                    Payment for Leave on Termination of Employment

 

The stipulations of this subclause shall apply where the employment is terminated -

 

(i)         Where the employment has been terminated after it has continued for 1 year or longer and annual leave has not been taken because of the operation of paragraph (vii) and (viii) of subclause (a) of this clause, the employer shall forthwith pay to the employee four weeks' pay in the case of leave falling within subclause (a) of this clause together with an amount equal to one-twelfth of his pay for the period of employment in excess of that year; provided that any payment in respect of overtime work or work on a  Saturday or Sunday or on a holiday shall be excluded from the calculation; and provided further that the annual leave loading prescribed by paragraphs (iii) or (iv) of subclause (a) of this clause shall not apply to the one-twelfth calculation of termination of employment.  The employment period shall be computed from the date of its commencement.

 

(ii)        Where the employment has continued for not more than 20 working days and is terminated the employer shall not be liable to make any payment to the employee.  Subject to such condition where the employment is less than one year and is terminated (and the employee has not been allowed leave in advance as provided in paragraph (v) of subclause (a) of this clause), the employer shall forthwith pay to the employees, in addition to all other amounts due to them, an amount equal to one-twelfth of their pay for the period of employment; provided that any payments made in respect of overtime work or any work on a Saturday or Sunday or on a holiday shall be excluded from the calculation; and provided further that the annual leave loading prescribed by paragraphs (iii) or (iv) of subclause (a) of this clause shall not apply to the one-twelfth calculation on termination of employment.  The employment period shall be computed from the date of its commencement.

(iii)       Where the leave under subclause (a) of this subclause has been taken in advance by an employee pursuant to paragraph (v) of that subclause; and

 

(1)        the employment of the employees are terminated before they have completed the year of employment in respect of which such leave was taken; and

 

(2)        the sum paid by the employer to the employee as pay for leave so taken in advance, exceeds the sum which the employer is required to pay to the employee under paragraph (ii) of this subclause;

 

the employer shall not be liable to make any payment to the employee under paragraph (ii) of this subclause and shall be entitled to deduct the amount of such excess from any remuneration payable to the worker upon the termination of the employment.

 

(c)                     Pro Rata Leave

 

In the event of the employer closing the plant or a section or sections thereof for the purposes of allowing annual leave to all or the majority of the employees in the plant or any section or sections thereof, the employer shall pay to those employees the wages due to them in accordance with the provisions of subclause (a) of this clause, provided that -

 

(i)         Should employees to whom this subclause applies have less than twelve months' employment with their employer, the employer may, notwithstanding anything to the contrary contained in this clause and in lieu of the wages specified in subclause (a) of this clause, pay employees pro rata wages calculated on the basis of one-twelfth of their pay specified in subclause (a) of this clause, for their period of employment which includes the period of the close down.

 

(ii)        Employees to whom paragraph (i) of this subclause applies and who has been paid pro rata wages in accordance with that paragraph, shall for the purposes of subclause (a) of this clause be deemed to have commenced their ensuing period of employment for the purposes of their next subsequent period of annual leave at the date they commenced their annual leave for which they were paid pro rata wages.

 

(iii)       In the event of employees to whom paragraphs (i) and (ii) of this subclause apply, having their employment terminated after having been paid pro rata for the annual leave which they have been granted, they shall, for the whole period of their employment, be paid in accordance with subclause (b) of this clause, less any money paid to them in accordance with paragraph (i) of this clause.

 

(d)                    General Provisions

 

The stipulations of this subclause shall apply generally under this clause -

 

(i)         An employer shall not require or permit employees to work on any day during the period of their leave unless the consent of the union has first been obtained.  Where consent has been given, the employees shall be paid for eight hours at double time or double rate.

 

(ii)        Where an employer is a successor or assignee or transmittee of a business, and employees were in the employment of the employer's predecessor at the time when the employer became such successor or assignee or transmittee, the employees in respect of the period during which they were in the service of the predecessor shall for the purposes of this clause be deemed to have been in the service of the employer.

 

(iii)       For the purposes of this clause the employment under this award shall be deemed to have continued and to continue unbroken and constant, notwithstanding any interruption or determination of the employment by the employer if such interruption or determination has been or be made merely with the intention of avoiding obligation imposed by the provisions of this clause.

 

(iv)       The leave herein provided is in addition to the holidays provided for by clause 18, Holidays and Leave, of this award.

 

(v)        "Year" shall include the period of leave.

 

20.  Sick Leave

 

The following provisions shall apply only to weekly employees:

 

(a)        Sick Leave Entitlement - Except as provided in subclause (c) of this clause, and subject to the conditions prescribed herein, a weekly employee shall be entitled to payment for non-attendance at work on the ground of personal ill-health or injury as follows:

 

(i)         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.

 

(ii)        The employee shall, as soon as reasonably practicable and before the employee's 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 before the ordinary hours of the first day or shift of such absence, the employee shall inform the employer within 24 hours of such absence.

 

(iii)       Where an employer rejects a claim for sick pay the appropriate Board of Reference shall have the power, upon application by a union or by the employee concerned, to hear such claim and to make such order thereon as it thinks appropriate and the employee, if required to attend the Board of Reference on the hearing of the claim, shall, if the claim succeeds, but not otherwise, be entitled to be paid by the employer for the time of attendance, if a time worker, at the time worker's usual rate or, if a piece worker, at the corresponding time worker's wage.

 

(iv)       First Year of Employment - For the first year of employment with an employer, an employee shall be entitled to not more than 40 hours of working time; provided that, during the first six months of the first year of employment with an employer, the entitlement of a weekly employee to sick leave shall accrue on a pro rata basis of 6.66 hours of working time for each month of employment completed with that employer.  On application by the employee during the seventh month of employment, and subject to the availability of an unclaimed balance of sick leave, the employee shall be paid for any sick leave taken during the first six months and in respect of which payment was not made.

 

(v)        Second and Subsequent Years of Employment - For the second and each subsequent year of employment with an employer, an employee shall be entitled to not more than 64 hours of working time.

 

(vi)       Sickness on Day Off - Where an employee is sick or is suffering from an injury on the day the employee is to take off by virtue of the arrangement of the employee's ordinary working hours pursuant to clause 11, Hours of Work, the employee shall not be entitled to sick pay for that day.

 

(b)                    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 in this subclause.  Nothing in this subclause shall limit the employer's rights under paragraph (iii) of subclause (a) of this clause.

 

(c)                     Cumulative Sick Leave

 

Sick leave shall accumulate from year to year, so that any balance of the period specified in paragraphs (iv) and (v) of subclause (a) of this clause, which has in any year of employment with an employer not been allowed to an employee by that employer as paid sick leave, may be claimed by the employee and, subject to the conditions prescribed in this clause, shall be allowed by that employer in a subsequent year of employment without diminution of the sick leave prescribed in respect of that year of employment.

 

Provided that sick leave, which accumulates pursuant hereto, shall be available to the employee for a period of ten years, but no longer, from the end of the year of employment in which it accrues.

 

(d)                    Definitions

 

(i)         Corresponding time worker's wage - Wherever in this clause the words "corresponding time worker's wage" occur, they shall mean the wage payable to a time worker employed in the same calling as the piece worker who is concerned.

 

(ii)        Injury - Wherever in this clause the word "injury" occurs, that word shall mean any injury sustained by the employee other than an injury in respect of which the worker is paid workers' compensation under the appropriate State Act.

 

(iii)       "Year of employment", for the purposes of this clause, means the period between the date of commencement in employment in any year and the anniversary of the commencement of employment in the next year.

 

 

 

 

 

21.  Personal Carer's Leave

 

(a)                     Use of Sick Leave

 

(i)         An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (iii) of this clause, who needs the employee's care and support, shall be entitled to use, in accordance with this clause, any current or accrued sick leave entitlement, provided for in clause 20 for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(ii)        The employee shall, if required, 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.  In normal circumstances, an employee must not take carer's leave under this clause where another person has taken leave to care for the same person.

 

(iii)       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:

 

(a)        a spouse of the employee; or

 

(b)        a de factor spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de factor spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

(1)        "relative" means a person related by blood, marriage or affinity;

 

(2)        "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(3)        "household" means a family group living in the same domestic dwelling.

 

(iv)       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.

 

(b)                     Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (2) of paragraph (iii) of subclause (a) of this clause who is ill.

 

(c)                     Annual Leave

 

(i)         An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(ii)        Access to annual leave, as prescribed in paragraph (i) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(iii)       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)                     Time Off in Lieu of Payment for Overtime

 

(i)         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.

 

(ii)        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.

 

(iii)       If, having elected to take time as leave in accordance with paragraph (i) 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.

 

(iv)       Where no election is made in accordance with the said paragraph (i), the employee shall be paid overtime rates in accordance with the award.

 

(e)                     Make-up Time

 

(i)         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.

 

(ii)        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.

 

22.  Bereavement Leave

 

(a)        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 (c) of this clause.

 

(b)        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 and a statement as to the relationship between the employee and the deceased.

 

(c)        Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (2) of paragraph (iii) of subclause (a) of clause 21, Personal Carer's Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(d)        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.

 

(e)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) and (5) 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.

 

23.  Parental Leave

 

See Industrial Relations Act 1996.

 

24.  Long Service Leave

 

See the New South Wales Long Service Leave Act 1955.

 

25.  Jury Service

 

Employees required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wage they would have received in respect of the ordinary time they would have worked had they not been on jury service.

 

Employees shall notify their employer as soon as possible of the date upon which they are required to attend for jury service.  Further the employees shall give their employer proof of their attendance the duration of such attendance and the amount received in respect of such jury service.

 

26.  Accident Pay

(a)                     Definitions

 

For the purpose of this clause and subject to the terms of this clause, the words hereunder shall bear the respective definitions set out herein:

 

(i)         "Accident Pay"

 

(1)        Total Incapacity - In the case of an employee who is or is deemed to be totally incapacitated within the meaning of the Workers' Compensation Act and arising from an injury covered by this clause "accident pay" means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant sections of the Act as the case may be for the week in question and the total 40-hour weekly award rate and weekly over-award payment for a day worker which would have been payable under this award, for the employee's normal classification of work for the week in question if the employee had been performing the employee's normal duties:  Provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates or other similar payments.

 

(2)        Partial Incapacity - In the case of an employee who is or is deemed to be partially incapacitated within the meaning of the Act and arising from an injury covered by this clause, "accident pay" means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant sections of the Act in New South Wales, for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business and the total 40-hour weekly award rate and weekly over-award payment for a day worker which would have been payable under this award, for the employee's normal classification of work for the week in question if the employee had been performing their normal duties:  Provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates or other similar payments.

 

Provided that where, in respect of any claim for compensation brought by an employee in the Workers' Compensation Commission pursuant to the relevant sections of the Workers' Compensation Act awards to the employee an amount of weekly compensation or agreement is reached that the employee should receive a weekly amount of compensation less than the difference referred to in the relevant sections of the Act, such an award or agreement shall not operate to increase any liability of the employer to pay any higher amount of accident pay by reason of the employee receiving less than the said difference referred to in the relevant section of the Workers' Compensation Act and for the purpose of this calculation the employee in such event shall be deemed to have recovered the full amount of the difference referred to in the relevant section of the Act.

 

(3)        Production Incentive Earnings Scheme - For the purposes of the calculation of the total 40-hour weekly award rate and weekly over-award payment in 26(a)(i)(1) and (2) of this clause, payments made to an employee arising from a production incentive earnings scheme (whether arising from a payment by results, task or bonus scheme or however entitled) shall not be taken into account:

 

Provided that where an employee is not in receipt of any form of weekly over-award payment, production incentive bonus payments shall be taken into account and the form and amount of such payments shall be determined between the employer and the employees concerned and/or the union.

 

(4)        Payment for Part of a Week - Where accident pay is payable for part of a week, the amount shall bear the same ratio to accident pay for a full week that ordinary working time during such part bears to the worker's full ordinary week.

 

(ii)        "Injury" shall be given the same meaning and application as applying under the Workers' Compensation Act and no injury shall result in the application of accident pay unless an entitlement exists under the Act.

 

(iii)       "Union" means the Automotive, Food, Manufacturing, Engineering and Printing Kindred Industries Union - Printing Division.

 

(iv)       "Workers' Compensation Act" or "Act" means the Workers' Compensation Act 1987.

 

(b)                     Qualifications for Payment

 

Always subject to the terms of this clause, an employee covered by this award shall, upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Act, be paid accident pay by the employer who is liable to pay compensation under the Act, which liability by the employer for accident pay may be discharged by another person on their behalf.

 

Provided that:

 

(i)         Accident pay shall only be payable to an employee whilst such employee remains in the employment of the employer by whom the employee was employed at the time of the incapacity and then only for such period as the employee receives a weekly payment under the Act:  Provided that if an employee on partial incapacity cannot obtain employment from their employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable and the employee shall be on leave of absence from their employer.

 

Provided further that an employer shall not terminate the employment of an employee who is incapacitated and receiving accident pay except in those cases where:

 

(1)        the termination is due to serious and/or wilful misconduct on the part of the employee; or

 

(2)        the termination arises from a declaration of liquidation of the company in which case the employee's entitlement shall be considered a debt due and owing by their employer to the employee; or

 

(3)        the period specified in clause 26(b)(3) has expired.

 

(ii)        As to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant section of the Act) such injuries or diseases shall not be subject to accident pay unless the employee has been employed by the employer at the time of the incapacity for a minimum period of one month.

 

(iii)       An employee on engagement may be required to declare all workers' compensation claims made in the previous 5 years and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit the employee's entitlement to accident pay under this clause.

 

(c)                     Maximum Period of Payment

 

Accident pay under this clause shall be payable for a maximum period or aggregate of periods in no case exceeding a total of 39 weeks in respect of incapacity arising from any one injury as defined in clause 26(a)(ii).

 

(d)                     Absences on other Paid Leave

 

An employee shall not be entitled to payment of accident pay in respect of any period of other paid leave of absence.  (NOTE:  An employee receiving workers' compensation is not entitled to be paid ordinary pay for a public holiday not worked but is entitled to workers' compensation for that day.)

 

(e)                     Notice of Injury

 

An employee upon receiving injury for which they claim to be entitled to receive accident pay shall give notice in writing of the injury to their employer as soon as reasonably practicable after the occurrence of the injuiry:  Provided that such notice may be given by a representative of the employee.

(f)                     Medical Examination

 

In order to receive entitlements to accident pay an employee shall conform to the requirements of the Act as to medical examination.

 

Where in accordance with the Act a medical referee gives a certificate as to the condition of the employee and their fitness for work or specifies work for which the employee is fit and such work is made available by the employer and refused by the employee, or the employee fails to commence or continue the work, accident pay shall cease from the date of such refusal or failure.

 

(g)                    Redemption of Weekly Payments

 

Where there is a redemption of weekly compensation payments under the Act, the employer's liability to pay accident pay shall cease as from the date of such redemption.

 

(h)                    Civil Damages Claim

 

(i)         An employee receiving or who has received accident pay shall advise the employer of any action they may institute or any claim they may make for damages.  Further, the employee shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any verdict or settlement on that injury.

 

(ii)        Where an employee obtains a verdict for damages in respect of an injury for which the employee has received accident pay the employer's liability to pay accident pay shall cease from the date of such verdict: 

 

Provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to their employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

 

(iii)       Where an employee obtains a verdict for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer's liability to pay accident pay shall cease from the date of such verdict:  provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to their employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

 

(i)                     Insurance against Liability

 

Nothing in this clause shall require an employer to insure against their liability for accident pay.

 

(j)                     Variations in Compensation Rates

 

Any change in compensation rates under the Act shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.

 

(k)                    Death of Employee

 

All rights to accident pay shall cease on the death of an employee.

 

(l)         In the event of any dispute arising as to the entitlement of an employee to accident pay in accordance with the provisions of this clause, the matter shall, if any party to this clause so requires, be referred to the Industrial Relations Commission of New South Wales.

 

(m)                   Casual Employees

 

The obligation of an employer to apply the provisions of this clause to an employee engaged as a casual employee in accordance with clause 26(g) shall be discharged by the payment to the employee of 2 cents per hour in addition to all other payments to which the employee is entitled under the award.  Such additional 2 cents per hour shall be payable as a flat rate for all hours worked.

 

27.  Proof Reading

 

A copy-holder or a junior, unless an apprentice to composition, shall not do the work of reading, revising, checking or correcting proofs unless such copy-holder or junior is:

 

(a)                     paid the wage prescribed by this award for an adult proof reader; or

 

(b)        reading to and revising, checking or correcting proofs together with an adult proof reader or other person who is paid as such and who is responsible for the work.

 

 

28.  Gluing Machines

 

Only an adult employee or an apprentice shall operate a gluing machine when such machine is being used in any operation covered by this award under the tradesman's classification in binding and finishing.

 

29.  Restrictions on Taking Work Off an Employer's Premises

 

(a)        No work covered by this award shall be taken off an employer's premises to be executed by any employee of that employer.

 

(b)        No such work shall be taken off an employer's premises to be executed by any other person except the employer; provided that this subclause shall not affect the right of an employer to have work done in a trade supply house.

 

(c)        An employer shall not be entitled to have work done in a trade supply house unless the person conducting that house is bound by this award or by a Federal or State award or industrial agreement which prescribes wages and conditions relative to that work:

 

Provided that work may be done by a trade supply house having no employee when that trade supply house has been approved by the union (or failing such approval approved by the Industrial Committee) and is registered as a business or factory under State legislation providing for the registration of businesses an/or factories.

 

30.  Letting and Hiring of Premises or Plant

 

Any individual person who shall lease, rent or hire -

 

(a)                     any plant, machinery or equipment; or

 

(b)                    the whole or any part of premises;

 

from any person bound by this award, for the purpose of using such premises or of performing with such plant, machinery or equipment on such premises exclusively for such person bound by this award, any industrial operation specifically named or described in Table 1 of Part B, Monetary Rates of this award, shall be deemed to be and shall be, for all purposes of this award, an employee of the hirer, lessor or landlord of such plant, machinery, equipment or premises.

 

31.  Letterpress and Lithographic Printing Conditions

 

(a)        No employee, other than a printing machinist, or an apprentice shall make, match or adapt colours or make ready, or do other than minor adjustments in the setting of an automatic feeder on a letterpress or lithographic printing machine.

 

(b)        No printing machinist, operating a lithographic printing machine, shall be required to wash up or clean his/her machine where it is practicable for the work to be done by some other person.

 

(c)        No printing machinist or apprentice, operating a lithographic printing machine shall be required to prepare plates or mix colours for a future run or make dampers while his/her machine is running.

 

(d)        A printing machinist or apprentice operating a lithographic printing machine larger than a double crown machine shall have an apprentice or an assistant of not less than eighteen years of age to assist him/her.

 

(e)        No unskilled worker shall mix solutions for washing-out, sensitising, desensitising or etching when such solutions are made on the employer's premises.

 

(f)                     Plate graining or stone polishing shall be done only by apprentices or adults.

 

(g)        Nothing contained in subclauses (a), (b), (c) and (d) of this clause, shall apply to small offset lithographic printing machines.

 

32.  Piece Work

 

(a)                     Definitions

 

In this clause the words "the corresponding time worker" mean -

 

(i)         As to an adult - an adult weekly time worker employed in the same calling as the weekly piece worker who is concerned.

 

(ii)        As to a junior - a junior weekly time worker of the same age employed in the same calling as the weekly piece worker who is concerned.

 

(aa)                   For the purpose of this clause and Schedule "A" Machine Composition of this award

 

(i)         "machine compositor" shall mean an employee who performs the work of machine composition;

 

(ii)        "rate of wage for a time work machine compositor" shall mean the appropriate rate of wage prescribed.

 

 

(b)                     Occupations in which Piece Work is Permitted

 

Without prejudice to the rights of a weekly piece worker under this clause piece work shall not be performed by any employee other than in respect of work done in connection with the manufacture of stationery, paper products, cardboard boxmaking, carton making, paper bag making and machine composition.

 

(c)                     Minimum Piece Work Rates

 

(i)         Subject to any increase or decrease in the appropriate rate of wage the minimum piece work rates payable to an employee engaged in machine composition by an employer shall be the rates specified in Schedule "A", Machine Composition, of this award.

 

(ii)        The said Schedule "A" is hereby incorporated in this award.

 

(d)                     Additional Amounts

 

(i)         At the end of each working week the aggregate earnings of a piece worker employed upon work covered by Schedule "A" shall be ascertained for such week according to the provisions of this award, and where such piece worker has worked on each and every day ordinarily worked in such week, such aggregate earnings shall be increased by the amount provided in paragraph (ii) of this subclause, representing the appropriate increase allowed by this award plus 12.5 per cent of such increase.  Where such piece worker has not worked on each and every day ordinarily worked in such week, then the aggregate earnings of such piece worker shall be increased by a part of such amounts proportionate to the number of days worked calculated to the nearest cent.

 

(ii)        To ascertain the amount of any increase or decrease in the earnings of a piecework machine compositor in accordance with the provisions of paragraph (i) of this subclause:

 

(1)        the rate of wage prescribed shall be taken to have been $19.85 per week, being the rate of wage for a time work machine compositor prescribed for the Count of Cumberland and also in the Parish of Maitland, the City of Newcastle and "A" Riding, "B" Riding and "D" Rising of Lake Macquarie Shire within the County of Northumberland which commenced to operate as for the beginning of the first pay period which commenced in August 1949; and

 

(2)        the rate of wage prescribed in subparagraph (1) of this paragraph shall be deducted from the rate of wage specified for Classification A1 of Part I - Printing, etc., section of Table 1 of Part B, Monetary Rates of this Award; and

 

(3)        to the sum resulting from the calculation required by subparagraph (2) of this paragraph an amount of 12.5 per cent of the sum shall be added to it and that total sum shall be the amount of the increase provided by paragraph (i) of this subclause for a piece worker who has worked on each and every day ordinarily worked in the week in respect of which the calculation is made.

 

(e)        The piece work rates payable to adults and juniors shall be uniform and not differential and in this award so calculated so as to enable an average adult worker to earn (when employed at such piece work rates) at each class of work at least -

 

(i)         if employed during the hours fixed for time workers a sum equal to such time worker's wage with the addition of 12.5 per cent.

 

(ii)        if employed during any hour or hours or any part of any hour so that he/she shall earn such proportion of the weekly time worker's wage as accords with the time the piece worker is actually employed upon each class of work with, in addition, the further sum of 12.5 per cent of such proportion.

 

(f)         When an employee is employed upon piece work to perform any of the functions or duties for which a time wage is fixed by this award and for which a piece work rate is not fixed then the minimum piece work rates for such work shall be so calculated by the employer that an average adult worker may earn at the least at such piece work rate, if employed during the hours fixed for work for time workers, a sum equal to such time worker's wage with the addition of 12.5 per cent and such piece work rates shall be notified to the employee before the work is commenced by him/her.  All such piece work rates so fixed shall be posted and kept posted in a conspicuous and easily accessible place in the workroom.  Any such rate which provides a wage not less than that stipulated herein for an average adult worker, and which has been in operation for one month, shall remain unchanged unless a change is agreed to by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch or the Industrial Committee.

 

Minimum Weekly Wage

 

(g)        For any week in which the employee has worked the full hours of duty the weekly piece worker shall be paid at the least the corresponding time worker's wage.

 

(h)        For any week in which, though the employees have complied with the provisions of subclause (i) of this clause, they shall not be required to work the full hours of duty they shall be paid at the least for that week the corresponding time worker's wage.

 

(i)                     Hours of Work

 

Weekly piece workers shall, on each working day or shift of the week, present themselves for employment at the usual time for beginning work at the place of business of the employer unless informed by the employer before leaving work on the previous day or shift, as the case may be, that their attendance on any day or any shift, as the case may be, is not required.  If they have not been informed as provided in this subclause and they actually present themselves on any such day or any such shift, as the case may be, they shall receive not less than four hours' continuous employment or be paid for such four hours (or any part of such four hours as would be non-working time) at the appropriate rate of a time worker.

 

(j)                     Work on a Saturday

 

A weekly piece worker on day work working on a Saturday shall work and be paid in accordance with the provisions of subclause (e) of clause 13, Overtime, of this award, and such work shall finish not later than noon.

 

(k)                    Payment for Holidays

 

If in any week there occurs a holiday, as provided in clause 18, Holidays, of this award, upon which the weekly piece workers are not required to work they shall be paid, in addition to their aggregate piece work earnings for that week, a sum equivalent to that paid to the corresponding time workers for such holiday.

 

(l)                     Lateness or Lost Time

 

Notwithstanding anything to the contrary contained in this award lateness shall not, except as in this condition provided, affect the right of piece workers to the benefits of this clause and of subclause (b) of clause 3, Contract of Employment, of this award.  Piece workers earnings shall not be subject to deduction for lateness or lost time unless such lateness or lost time would cause an employer to make a payment which the employer otherwise would not be required to make.  Subject to this condition where piece workers are late or lose time on any day they shall be subject only to such a deduction from any moneys due to them as it proportionate to time actually lost by them.

 

(m)                   Advantageous Treatment Prohibited

 

No undue advantage shall be given to one piece worker over another.  This provision applies to the quantity and to the classes or quality of work to be supplied to the employee.

 

(n)                    Waiting Time

 

When piece workers are kept waiting for work or any materials all waiting time shall be totalled up when the day's work is finished and paid for at not less than the corresponding time worker's rate.  A piece worker shall be deemed to be waiting for work unless directed not to remain on the employer's premises for work.

 

(o)                     Cleaning of Bench, Glue Board, &c

 

Piece workers, required to clean bench, glue board, or table, or floor, or any machine, shall be paid for the time he or she is occupied on such work at the rate provided herein for the time worked for the class of work on which the employee is usually employed.

 

(p)                     Work to be counted out and arranged

 

In the stationery, paper products, cardboard box, carton and paper bag branches of the industry piece workers shall have their work counted out for them and so arranged in a convenient place that no time will be lost.  Glue, paste and all other essentials shall be provided by the employer in proper condition to permit the work being facilitated and such materials shall be of good average quality.

 

(q)                     Employer to Supply Book

(i)         The piece worker shall be provided with a book in which the piece worker is to enter the work performed by such piece worker in such a manner as to clearly set out each and every operation performed by such piece worker.

 

(ii)        To the entries made as set out in the foregoing paragraph the employer shall affix the correct price of the work in ink and shall return the book to the employee at the end of each day's work or within four hours of commencing work on the following day.

 

(iii)       The piece worker shall be entitled to take away such book at the end of each day's work but shall bring such book back to the factory when arriving at the factory to commence work each day.  Such book shall be and remain the property of the piece worker.

 

(iv)       All waiting time shall be entered in such book by the piece worker.

 

(v)        Nothing in this subclause shall operate to prevent an employer from having their own book or other form of record for their own purposes kept in any manner they may desire and in such book or other form of record they may require the piece workers to make such entries as they deem to be necessary.

 

(r)                     Piece Workers of more than Five Years' Experience

 

Weekly piece workers of more than five years' experience in the branch of the industry in which they are employed shall not, for any other reason than inefficiency, be changed to time work:

(i)         unless paid the corresponding time worker's hourly rate with 12.5 per cent in addition; or

 

(ii)        unless given one week's notice by the employer of their intention to require work as a time worker.

 

(s)                     Not to Apply to Machine Composition

 

Subclauses (o), (p), (q) and (r) of this clause shall not apply to machine compositors.

 

(t)                     Overriding Provisions

 

The provisions of subclauses (a), (g), (h) and (k) of this clause shall have full force and effect notwithstanding anything to the contrary contained in the award or in Schedule "A", as may be attached to this award.

 

(u)                    Other Systems of Payment by Results

 

No system of payment by results other than that authorized by this award shall be permitted unless agreed to by a union or unions or sanctioned by the Industrial Committee.

 

33.  Mixed Functions

 

Where, during any day, an employee is employed on work, requiring the performance of functions involving different rates of wages prescribed by this award the minimum rate of wage to be paid to the employee for that day shall be calculated as if the employee performed such only of the said function as involves the highest rate of wage.

 

34.  Limitation of Employment of Juniors

 

(a)                     Manning of Departments

 

No department shall be staffed exclusively by juniors.

 

(b)                     Proportion of Juniors

 

Not more than 3 juniors shall be employed to each adult employed as a weekly employee in each department.  For the purpose of this provision an apprentice shall be deemed to be a junior.

 

Screen Printing

 

(c)                     Subject to subclause (d) of this clause, where the dimensions of a piece of printed matter

 

(i)         exceed three hundred millimetres by six hundred millimetres, an adult employee shall be employed on the same printing frame as any non-apprenticed junior on the printing (including racking) of such printed matter.

 

(ii)        do not exceed three hundred millimetres by six hundred millimetres a non-apprenticed junior may be employed alone in the printing (including racking) of such printed matter.

 

(d)        A non-apprenticed junior shall not be employed in or in connection with the work of transfers other than racking.

 

(e)                     Safety Provisions

 

(i)         No junior under the age of 18 years unless an apprentice shall be employed on a Monotype casting machine or on an Elrod or similar casting machine.

 

(ii)        An employer shall not permit or require an employee under the age of 18 years to be employed on a power-driven guillotine (unless an apprentice) or a platen or cylinder machine used for carton cutting.

 

(f)                     Training of Non-apprenticed Juniors

 

Non-apprenticed juniors shall not be employed on any work for which apprenticeship is provided by the former Printing Industry, Compositors, Cardboard Box Makers (Cumberland and Newcastle) Apprenticeship Award.  In those sections of the industry in which no provision is made for apprenticeship non-apprenticed juniors may be employed.  Such juniors shall be given reasonable opportunities to become proficient in different classes of work and shall be taught higher grade work as they progress in the knowledge of their work.

 

(g)                    Artist and/or Designer (including Commercial Artist)

 

(i)         The maximum proportion of junior artists and/or designers (including junior commercial artists) shall be one junior artist and/or designer (including junior commercial artist) to every three or fraction of three adult artists and/or designers (including adult commercial artists) employed upon the established staff of adult artists and/or designers (including commercial artists) employed as such by the employer as weekly employees at full rates of pay as prescribed in Part B Monetary Rates, of this award.

 

(ii)        In this subclause "the established staff" shall mean the number of adult artists and/or designers (including adult commercial artists) continuously employed as such by the employer for a period of not less than six calendar months.

 

(iii)       Junior artists and/or designers (including junior commercial artists) shall be fully and thoroughly taught and instructed in the work of an artist and/or designer (including commercial art work) as defined in paragraph (1) of subclause (c) of clause 1 Definitions, of this award.

 

(iv)       Each junior artist and/or designer (including a junior commercial artist) shall, from the commencement of their employment, attend and not be prevented by their employer from attending, during the junior's ordinary working hours, for eight hours every week for a period of four years, a recognized art school agreed upon by Australian Business Industrial, the Printing Industry Association and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, parties to this award or, failing such agreement, as determined by the Industrial Committee.  Where the training facilities for artists and/or designers (including commercial artists) at the art school attended by such junior artists and/or designers (including commercial artists) make it impracticable for their attendance to be for eight hours every week or for a period of four years then for the number of hours and for the period of any prescribed course (with a minimum of four hours a day a week) as is agreed to by the said organisations.  The training at a recognized art school of a junior artist and/or designer (including a junior commercial artist) shall cease at the end of the calendar year in which the junior's 20^th anniversary of birth is attained.

 

(v)        On the production by the junior artist of a certificate from the art school showing that he/she has given satisfactory attention to the work of the school for the quarter or other term then for that term there shall be no deduction from the junior artist's pay for the time of absence.

 

(vi)       The fees of the art school shall be paid by the employer unless paid by the State Government.

 

(vii)      The duties of a junior artist and/or designer (including a junior commercial artist) shall be so arranged by the employer that as the junior progresses in knowledge and skill, his/her duties shall be varied and he/she shall, from time to time, be placed on higher and more skilled work.

 

(viii)     In the event of the employer during the full term of training of a junior artist and/or designer (including a junior commercial artist):

 

(1)        ceasing (by death or otherwise) to carry on its business of art and/or designing in which the junior artist and/or designer (including a junior commercial artist) is being trained; or

 

(2)        ceasing for a continuous period of three months to have the proportion of adult artists and/or designers (including commercial artists) to junior artists and/or designers (including a junior commercial artist) (as specified in this clause);

 

the employer or his/her executors, administrators or assigns or one of them shall, within one month thereafter, find and provide some other employer carrying on the same class of business within a radius of five kilometres, if any there be, or if there be none such if the junior artist and/or designer (including a junior commercial artist) shall so desire and if the employer can be found then to some other employer beyond that radius.  In the event of an employer not being agreeable to take the junior artist and/or designer (including a junior commercial artist) or an employer not being discovered who will take the junior artists and/or designer (including a junior commercial artist) it shall not be competent for the junior artist and/or designer (including a junior commercial artist) to continue in the employ of his/her employer or the employer's executors, administrators or assigns or one of them.  The junior artist and/or designer (including a junior commercial artist) thereupon shall be paid all moneys due to him/her under this award.  Such moneys referred to herein shall be paid by the employer or from the estate of the employer in the event of the employer being deceased.

 

(h)                    Proportion of Junior Small-Offset Lithographic Machinists

 

(i)         The maximum proportion of juniors employed on small-offset lithographic printing machines shall be one junior to every three or fraction of three adult small-offset lithographic printing machinists employed and paid as such on the established staff of the employer.

 

(ii)        For the purposes of this subclause "the established staff" shall mean the number of adult small-offset lithographic printing machinists continuously employed as such by the employer for a period of not less than six months immediately prior to the engagement of the junior.  In any establishment when apprentices to the trade of "Printing Machining" are employed, those apprentices and persons who have served an apprenticeship to that trade shall be excluded from the calculation of the proportion of juniors employed on small-offset lithographic printing machines to adult small-offset lithographic machinists.

 

 

35.  Health Notices and Provisions

 

Notices containing advice for the preservation of the health and protection of workers, if provided by a union, shall be kept prominently posted and displayed in all workrooms by the employer.

 

(a)                     Type Metal and Savings

 

Type metal or type metal shavings shall not be permitted to accumulate on the floor or in the vicinity of slug-casting or type-casting machines or on the floor of the stereotyping and/or electrotyping departments.

 

(b)                     Composing Room Equipment

 

All type cases and other receptacles for the holding of type installed after the date of this award shall be kept in dustproof cabinets and such type cabinets and all other frames, bulks, furniture or equipment of a composing room shall be fixed to the floor in such a manner that no dust can accumulate under the same or shall rest on supports so that there remains a sufficiently high intermediate space for sweeping and washing the floor without difficulty.

 

(c)                     Metal Pots and Plungers

 

(i)         All metal pots, other than those electrically heated, shall be provided with proper and suitable hoods, which shall be so fitted, that all fumes and heavy gases are sucked off and conducted into the open air.

 

(ii)        The melting down of linotype or stereotype or like metal or the cleaning of linotype plungers shall be done in such a manner as to cause the fumes or dust to be carried away from the workroom into the open air.

 

 

 

(d)                     Sweepings

 

Dry sweeping shall not be permitted or carried out in any workroom covered by this award unless such dry sweeping is carried out by the use of a mechanical device which effectively prevents the escape of any dust particles into the air.

 

(e)                     Ventilation

 

All workrooms shall be efficiently ventilated.

 

(f)                     Floor Coverings

 

In each workroom where the floors are composed of materials known as granolithic or concrete or combinations of cement, stone or asphalt, employers shall provide some suitable covering material, properly constructed to eliminate cold and damp, upon which the worker may stand whilst at work.

 

(g)                    Saws to be enclosed

 

All saws shall, as far as possible, be so enclosed as to minimize noise and prevent the spraying of particulars of metal and wood.

 

36.  Protective Clothing and Changing Rooms

 

(a)        During each year of service an employee, specified in this clause, shall be supplied by the employer with the protective clothing stipulated hereunder.  Should the employee decline to wear such protective clothing the obligation on the employer to supply the prescribed protective clothing shall cease.

 

 

Classification	Overalls or Aprons	Boots or Shoes
Stereotyper	1 pairs overalls or impervious apron (at	1 pair industrial boots
	the discretion of the employee) per
	annum
Electrotyper	2 pairs overalls or impervious apron (at	1 pair industrial boots
	the discretion of the employee) per
	annum
Surface coater	2 pairs overalls per annum
Colour mixer for surface coating	2 pairs overalls per annum
Screen printing employee on a	Males - 2 pairs overalls or impervious
screen printing frame or machine	apron (at the discretion of the employee)
or required to mix or match	per annum
colours or work with adhesives	Females - 2 smocks or impervious apron
	(at the discretion of the employee) as
	necessary from time to time
Employee engaged in corrugated	Overalls or impervious apron (at the	Boots or shoes (at the
an/or solid fibreboard container	discretion of the employee) as necessary	discretion of the employee)
manufacture operating an	from time to time	as necessary from time to
adhesive mixing unit		time
Pasting Machine Employee other	Overalls as necessary from time to time	Boots or shoes (at the
than employee engaged in solid		discretion of the employee)
fibreboard container manufacture		as necessary from time to
		time
Employee on the wet end of a	Overalls as necessary from time to time	Boots or shoes (at the
corrugating and/or solid		discretion of the employee)
fibreboard pasting machine		as necessary from time to
		time

 

 

(b)                     When Protective Clothing to be Supplied:

 

(i)         Each employee referred to in this clause employed at the commencing date of this award shall forthwith be supplied with the protective clothing specified in this clause.

 

(ii)        Employees referred to in this clause who commence employment with an employer subsequent to the commencing date of this award shall, within two weeks of commencing employment with their employer, be provided with the protective clothing specified in this clause.

 

(iii)       Where an employer provides other protective clothing not specified in this clause and an employee declines to wear such protective clothing the employer shall have the right to discontinue the supply to that employee:

 

             Provided that nothing in this subclause shall in any way infer any obligation by an employer to supply protective clothing other than as prescribed by this clause.

 

(c)                     Rubber Boots for Electrotypers

 

In addition to the foregoing an electrotyper attending a copper bath shall be provided by their employer with rubber boots and the employer shall renew such boots whenever necessary to do so.

 

(d)                     Gloves for Protection Against Acids

 

Employee whose work entails the use of solutions or acids which may injure their hands or any part of their body shall be provided with gloves in good condition by their employer.

 

(e)                     Maintenance of Protective Clothing

 

The employer shall maintain in good repair and in clean condition the overalls and aprons and in good repair the boots or shoes, specified in this clause, provided to employees.

 

(f)                     Protective Clothing Not to be Removed from Establishment

 

Employees supplied with protective clothing, specified in this clause, shall not remove such protective clothing from their employer's premises without the authority of their employer.

 

(g)                    Year of Service

 

The phrase "year of service" in subclause (a) of this clause shall mean

 

(i)         for the first year of service - twelve calendar months dating from the date on which the employees commenced employment with their employer;

 

(ii)        for each succeeding twelve calendar months the year commencing on the date corresponding with that on which the original allocation was made;

 

excluding any period when the employees were absent from their employment without the authority of the employer or was absent for more than three consecutive months.

 

(h)                    Requirement to Wear a Uniform or Overalls

 

An employer who requires employees to wear at their work a uniform or overalls shall provide same and keep it clean and in repair without expense to the employees.

 

Change Rooms and Dressing Time

 

Where a change of dress of employees is rendered necessary by the work to be done the employer shall provide suitable dressing-rooms and allow each employee dressing time each day.

 

Protection of Clothing

 

The employer shall provide each employee with properly constructed facilities which will protect his/her clothing, taken off during working hours, from the dust and fumes of the workroom.

 

 

37.  Employer to Provide Facilities

 

(a)                     Lighting of Workrooms

 

(i)         Each employer shall make provision in its workroom for adequate natural light or its approximate

equivalent for employees to perform their work.  As far as possible, the use of artificial light shall be avoided.

 

(ii)        Where artificial light is in use effective shades shall be provided by the employer to prevent eye strain.  Artificial light shall be so situated as to enable the employee to work without unnecessary strain to the eyes.

 

(iii)       Lightshades, globes and tubes shall be kept clean.

 

(iv)       Employees covered by this award shall not be required to handle fluorescent lighting tubes until such employees have been warned of the necessity for exercising extreme care to avoid breaking such tubes.  Spare or discarded tubes shall not be kept in workrooms unless stored in some safe place set aside for the purpose.

 

(b)                     Hygiene

 

(i)         The provision and maintenance of lavatory accommodation shall be as prescribed by the law of the State and the cleaning of such lavatories shall be as required by paragraph (ii) of this subclause.

 

(ii)        Each workroom, lavatory and convenience of any factory or establishment shall be thoroughly swept and cleaned at least once a day and at least once each week each lavatory or convenience shall be thoroughly scrubbed out with disinfectant.

 

(c)                     Washing Facilities

 

The employer shall provide separate suitable washing places for male and female employees and shall install therein a sufficient number of wash basis or troughs supplied with hot and cold running water.

 

(d)                     Supply of Drinking Water

 

An employer shall provide for the use of employees adequate quantities of:

 

(i)         drinking water in easily accessible places (such drinking water shall not exceed a temperature of 24º Celsuis), and

 

(ii)        boiling water for refreshments at meal periods including the rest interval for females.

 

(e)                     Seating to be Provided

 

(i)         Any employee whose work requires that employee to be seated shall be provided with a reasonably comfortable seat.

 

(ii)        The use of metal seating accommodation shall not be permitted unless effectively covered with felt or similar material.

 

38.  First Aid

 

(a)                     First-aid Chest

 

(i)         See Factories, Shops and Industries Act 1962, and regulations made thereunder.

 

(ii)        Where a person is or persons are appointed, as First-aid Attendants in accordance with this clause the first-aid chest shall be in control of that person or those persons.  The name of that person or those persons shall be made known throughout the establishment in which that person is or those persons are employed and their name shall be inscribed on the first-aid chest.

 

(b)                     First-aid Attendant

 

(i)         An employer shall endeavour to have at least one employee on day work and one employee on night work (if night work is being worked) trained to render first-aid.

 

(ii)        Where an employee who is recognized by the St John Ambulance Association or other similar body as qualified to render first-aid is available, and that employee is requested by the employer to accept and does accept appointment as factory first-aid attendant, the employer shall appoint the employee as such.  Where no such qualified person is available the employer may appoint some other person as factory first-aid attendant:

 

             Provided that where more than one qualified person is available the employer shall not be required to appoint more than one of them as factory first-aid attendant on day work and one of them as such attendant on night work.

 

(iii)       A factory first-aid attendant appointed under this clause shall be paid therefore an amount set in Item 5 of Table 2, or Part B per week in addition to any other money to which he is entitled under this award.

 

(iv)       The provisions of paragraphs (i), (ii and (iii) of this subclause shall not apply in any employer's establishment where a staff nurse or other medically trained person is employed.

 

(v)        The foregoing provisions are subject to the Factories Shops and Industries Act 1962 and regulations made there under.

 

39.  Guillotine Machine Work

 

Not more than one person operating a guillotine machine shall place work in or remove it from within a guillotine machine and no other persons shall place work on or remove it from a guillotine machine.

 

40.  Platen Machines Used for Carton Cutting

 

A female shall not be required or permitted to feed any platen machine used for carton cutting.

 

41.  Bronzing or Dusting-off

 

Each employee employed on bronzing or dusting-off by hand will be paid 21.8 cents an hour in addition to any other money payable to that employee under this award.

 

 

42.  Right of Entry

 

See Part 7 of the Industrial Relations Act 1996.

 

 

43.  Union Delegate

 

Not more than two delegates, chosen by and from the employees of an employer, shall be allowed the necessary time in working hours to interview the employer or its representative for the purpose of submitting grievances.

 

44.  Posting of Union Notices

 

The union shall be permitted to use a notice board at each establishment for the posting of notices, in a reasonable manner, concerning union meetings or other legitimate union business.

 

45.  Production

 

(a)        Guidelines for the achievement of maximum plant capacity utilisation and continuous machine operation shall be prescribed in Schedule C, which is incorporated in this award.

 

(b)        There shall be co-operation between the union, management and employees in improving production.

 

46.  Exemption

 

An employer who is a member of Employers First is exempted from the provisions of this award conditionally upon any such employer observing, in respect of all the employees in the industries and callings covered by this award, the provisions of the current award of the Australian Industrial Relations Commission in relation to such industries and callings.

 

Compress Printing Limited and Sungravure Pty Limited are exempted from the provisions of this award so long as they observe the provisions of such Industrial Agreement filed with the Industrial Registrar between the said companies and the Automotive,

 

Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, or any other industrial agreement made in extension or in substitution for the same.

 

47.  Superannuation

 

The subject of superannuation is dealt with extensively by federal legislation including the Superannuaion Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints) Act 1993 (Cth), and s.124 of the Industrial Relations Act 1996.  This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

48.  Area, Incidence and Duration

 

This Award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces:

 

The Bookbinders & Finishers, Printing Machinists, (Cumberland & Newcastle) Award published 29 July 1981 (222 IG 612) as varied;

 

Compositors &c (Country) Award published 6 January 1982 and reprinted 1 February 1984 (232 IG 751) as varied;

 

Printing Industry, Compositors & Cardboard Box Makers (Cumberland & Newcastle) Award published6 May 1981, reprinted 23 May 1984 and further reprinted 6 December 1991 (266 IG 401) as varied;

 

Process Engravers, &c. (Cumberland and Newcastle) Award published 6 May 1981 (221 IG 951); as varied and

 

Printing Industry Superannuation Award - NSW published 16 November 1990 (260 IG 549).

 

The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 8 August 2001.

 

It shall apply to all classifications mentioned herein within the industries and callings outlined in Appendix A.

 

This Award remains in force until varied or rescinded, the period for which it was made having already expired.

 

 

SCHEDULE A

 

Machine Composition

 

1.                      Cast-up and Minimum Multiplier

 

The cast-up shall be according to the point system, but the minimum multiplier for any line shall be 40, and the table of multipliers appended to this Schedule shall be observed.  A fraction of an en, if more than decimal 5, shall count an en for the machine compositor, and if less shall not be counted.  If it is decimal 5, it shall count alternatively for the House and the machine compositor.

 

 

2.                      Large Type

 

Matter 13 ems and under 13 ems measure, composed in 10-point type, shall be charges .21c per thousand ens extra, and all types above 10-point size shall be charged .63c per thousand ens extra.

 

3.                      Bordered Matter

 

Matter having a machine-set border attached to the slug, whether such order is formed of , shall be paid for at double rate.

 

4.                      Dialects, Etc

 

Matter set in dialectic English or in illiterate spelling, where such matter is of four lines or more, or where the dialectic English or illiterate spelling is recurrent through the matter, shall be paid at rate and one-half.

 

5.                      Foreign Languages

 

Matter set in any language other than English shall be paid for at double rate.

 

6.                      "Take" of Copy

 

Twelve lines of 16 ems measure, or their equivalent in wider measures, shall constitute a machine "take" of copy.  Provided that the matter given out at any one time, whether referring to the same or different articles, shall constitute one "take".

7.                      Top and Bottom Rules

 

The top and bottom rules of tables shall be paid for as distinct lines when set or required to be inserted by the machine compositor, but cross rules in the body of a table, when set or required to be inserted by the machine compositor, are reckoned in depth.

 

8.                      Column or Tabular Matter

 

Column or tabular matter case on one bar shall be charged:  Two column (two justifications or arrangements), rate and a third; three columns, rate and a half; four or more columns, double rate.  The above rates shall be paid whether the matter is with or without headings or rules.  Where there are more than four columns, the machine compositor shall have the option to set the matter at the machine compositor's time-rate with the addition of 12.5 per cent.

 

9.                      Headings

 

Column or tabulated matter with headings in smaller type than the body shall be cast-up at the value of each body.

 

10.                    Small Capitals, Italics or Sorts not on Keyboard.

 

For small capitals, italics, clarendon or other faces and sorts of type or characters of any kind, not on the keyboard but fed in by hand, one line extra shall be allowed for each word of six letters or less, and two lines extra for each word of more than six letters.

 

Where intermittent words are set on the keyboard in such faces and sorts, one line extra shall be paid for each line containing such words, excepting small capitals, which shall be paid one line extra for each word.  When double letter matrices are used, and matter is set on the upper tire or by the two-letter or leaf attachment for elevator, head elevation, such matter up to twenty-five continuous lines shall be paid for at rate and a half, and all matter beyond twenty-five continuous lines shall be paid at rate and a quarter.

 

11.                    Run-on List and Similar Matter

 

Run-on subscription lists, share lists, land sales, wool sales, show-prize lists, cargo lists, tennis results, egg-laying competition results, pawnbrokers' advertisements, balance-sheets, University or other school lists (other than those which are figures only), cricket scores, rifle scores, quoit scores, mining and market reports, racing weights, racing results and similar matter, shall be paid for at rate and a half.  University and other school lists and examination results consisting of figures only, lottery results, consisting of figures only, and other run-on figure matter, consisting of figures only, shall be paid for at double rate.

 

12.                    Leadered Matter

 

All leadered matter, if leaders are ranged, and other leadered matter of 20 ems measure or over, shall e paid for at rate and a third.

 

13.                    Indented Matter

 

All matter set to 13 ems measure or less in 8-point or over, indented one or more ems each end or two ems or over on one end, shall be paid for at rate and a half.

 

14.                    House Marks - Author's Proofs

 

Alterations from copy to the first proof shall be paid for at double rate.  House marks or author's proofs shall be paid for at double rate, but twelve lines shall be the minimum charge.  New matter or additions to copy shall be paid for at the ordinary rate if exceeding twelve consecutive lines.

 

When an author's proof contains matter to be set in various measures, and the appropriate matter or one measure is intermixed with that of other measures necessitating the proof and/or copy being traversed three or more times before being completed, the charge shall be increased by one-third except where the matter makes nine lines or less.

 

The House shall be entitled to correct all author's proofs or revises on time.

 

15.                    Correction of Proofs on Time

 

The House may at any time, in its discretion, correct proofs on time and educt from the machine compositor the number of lines requiring alteration.  The machine compositors shall have the opportunity of seeing proofs, containing any correction charged against them.

 

16.                    Slugging, Etc.

 

The insertion of all display or corrected slugs, cutting, fitting or whiting shall be done by the House.

 

17.                    White Lines, Etc., Inserted by the House

 

The machine compositor shall not be paid for white lines, rules or other matter inserted by the House, except where the same are set or are required by the House to be inserted as part of a "take".

 

18.                    Multiple Bar Matter to be Laid Out by the House

 

Where the matter is set on two or more bars it shall be laid out by the House, but the machine compositor shall be responsible for any mistake made by him.

 

19.                    Extra Charge for Multiple Bar Matter

 

Matter requiring two bars to complete one measure (not being tabular matter) shall be paid for at rate and a third; three bars, rate and a half; four or more bars, double rate.

 

20.                    Full Lines

 

Each line case by the machine shall be paid for as a full line, except when the vice jaw is reduced, when the full measure shall be charged for the first twenty lines only.

 

21.                    Copy Too Big for Tray.

 

All matter set from copy (including books) that will not go on or cannot be folded or arranged to suit the copy tray, shall be paid for at rate and a third.

 

22.                    Bad or Indistinct Copy

 

Bad or indistinct copy, or copy written with an indelible pencil, or matter having to be transposed by the machine compositor (that is, matter which is not to be set up in the order in which it appears in the copy), shall be paid for at rate and a third.

 

23.                    Contractions - Extra Charge

 

Where the machine compositor has to make contractions, he shall be paid rate and a half for each line affected.  This provision does not apply to ordinary recognized contractions as St for street, Rd for road, Co. for Company, Ltd for Limited, kg for kilogram, g for gram, &c.  Further, this provision does not apply to work done on a directory or a telephone list.

 

24.                    Defective Machines

 

The correction of errors resulting from the defective working of the machine, including transpositions and sunken letters, shall be paid for at double rates, provided that where a mechanic is employed on the shift, or some responsible person is present, his attention is called to the defect, and he has failed to remedy the defect; but a machine compositor shall be entitled to this charge for all matter set up to the time when the defect was, or should reasonably have been observed by him.  When corrections caused by defective machines are done by the House and deducted from the machine compositor's total, such errors shall not be charged against the machine compositor.

 

25.                    Lower Magazine

 

Where a machine compositor sets from a lower magazine from which the matrices assemble down a chute, the machine compositors may, at their option, do such work at the time rates for a machine compositor.

 

26.                    Time Work

 

A machine compositor who may be temporarily required to do hand work on any day on which he is employed as a machine compositor, shall be paid therefor not less than the time rate for a machine compositor.

 

27.                    Waiting Time

 

Waiting time shall be paid for at the time rate for a machine compositor.  All stoppages shall be cumulative, and shall be charged as waiting time, provided that such stoppages have not been caused by the fault of the machine compositor.

 

28.                    Changing Machine

 

For changing magazine or mould in any slug-casting machine, the machine compositor shall be paid 4.17c, and for emptying or refilling magazine, 12.5c.  In the case of a multi-magazine machine, or a machine of similar design, he shall be paid .83c for each change, and .83c for each return where the change and return of the magazine is made by manipulation of handle or lever.

 

29.                    Attending and Adjusting

 

On any shift a machine compositor on piece work attending or adjusting one machine shall be paid $1.00 per week extra, and for two or more machines, $2.00 per week extra.  If the $1.00 per week be not paid to a piece worker, all mechanical troubles shall be rectified for him without delay, and he shall be paid for all time he is kept waiting at the time rate for a machine compositor.

 

30.                    Long Measure

 

Slugs of 26 -ems pica measure and over set in 6-point or smaller type shall be paid .63c per 1,000 ens in addition to the rate.  Measures of 27 -ems pica and over set in type larger than 6-point shall be paid .63c per 1,000 ends in addition to the rate.

 

31.                    Changing Machine or Magazine

 

If a machine is changed by order to a different type, the machine compositor shall not be required to change again to make corrections.  Such corrections shall be done on a vacant machine if possible, but when they are done by another machine compositor, at the order of the House, one line shall be charged against the machine compositor who set the matter and one line against the House for each line reset.

 

32.                    Instructions

 

Instructions shall be given to the machine compositor with the first "take" in each job.

 

33.                    Catchlines

 

A piece work machine compositor shall be paid for all catchlines when set by him.

 

34.                    Full Fount of Matrices

 

Each machine shall be provided with at least 25 space bands, and such a fount of matrices as will enable the machine compositor to do his work without delay.

 

35.                    Cross Rules

 

All cross rules, when set by the machine compositor, whether in reading or advertisements, shall be paid for as separate lines.

 

.                        Table of Multipliers

 

Please refer to hard copy for this Table.

 

SCHEDULE B

 

Vacant

 

SCHEDULE C

 

Guidelines - Maximum Plant Capacity Utilisation/Continuous Machine Operation

 

Guidelines for the achievement of the maximum plant capacity utilisation and continuous machine operation are set out hereunder -

 

(1)        Mixed Functions - Employees may be required during any day to perform within their skilled capacity, different functions attracting different award wage rates.  The employee shall be paid for the day, at the least, the highest award rate for the work performed.  When employed intermittently in this fashion there shall be no reduction in wage rates where the employee performs work attracting a lesser award rate.  Work performed on a mixed functions basis would generally be incidental to an employee's employment classification.

 

(2)        Rest Period Provision - The present award provision for rest periods is flexible in its operation requiring only that the rest period be taken within a spread of time and may be changed without notice within that spread of time.

 

(3)        Meal Period Provision - Clause 17, Meal Period, now provides for added flexibility in the timing of meal periods - enabling variation without notice, by consent, or when necessary, to facilitate continuous machine operation (and the employee concerned has no prior meal time commitment).

 

(4)        Movement within a Plant or Section - Employees may be moved within a plant or section to temporarily replace other employees in order to maintain continuous machine operation.

 

(5)        Machine Set UP and Wash Up - An employee may be required to assist in the setting up or cleaning of machines unless prohibited by award prescription.

 

(6)        Tradesmen's Duties - Subject to the observation of normal service working requirements tradesmen may be required to move from function to function or machine to machine within their trade skills.

 

(7)        Change of Shifts - Where appropriate, procedures enabling the continuous running of machines during shift changeovers shall be implemented.

 

(8)        Starting Times - Starting and finishing times of individual employees within a plant or section may be staggered to insure maximum plant capacity utilisation.

 

APPENDIX A

 

Industries and Callings

Section 1.

 

(a)        Compositors, readers, linotype and other slug-casting or type-casting machine operators and attendants, stereotypers, electrotypers, and all other employees (excepting males in bookbinding, letterpress machining, and lithographic departments employed in the work of such departments) engaged in or in connecting with the printing and/or stereotyping and/or electrotyping and/or publishing industry;

 

(b)        Cardboard box makers, and all persons including machinists making and/or covering either wholly or partly corrugated or other boxes, cartons, packets, containers, shelf stock or fixture receptacles out of wood, cardboard, pasteboard, strawboard, leatherboard, manilla paper or two or more of such materials, in combination, or with any similar material, and all persons including guillotine cutters, employed in or in connection with the making or preparing of one or more or any part of any cardboard box or other article specified herein,; and all persons employed corrugating, cutting, sawing, or scoring any of the material or materials specified herein or employed in or in connection with the making or preparing of one or more or any part of any articles specified herein; and all persons including machinists making or preparing playing, picture, or other cards; and labourers engaged in or in connection therewith;

 

(c)        Employees employed in paper pattern cutting, paper pattern folding, paper cutting to design, and in the manufacture of paper patty pans or moulds for cakes and confectionery, the manufacture of paper and/or cardboard liquid and/or food containers, eating and drinking utensils and/or drinking straws, and in the cutting of cigarette papers and containers and the packing of cigarette papers into containers.

 

(d)        Female feeders, book sewers, folding, numberers, wire-stretchers, perforators, staplers, gathering or collecting machinists, and all other females employed in or in connection with the printing and/or publishing and/or bookbinding and/or manufacture of paper bags and envelopes and the gumming and packing of paper bags or envelopes.

 

And all other employees employed in or in connection with stationery making, tag making, bag making, surface coating, calendering, brushing, water-proofing, waxing, plate rolling, and cutting and/or slitting paper or other material in reels in the County of Cumberland and the police districts of Newcastle and Maitland;

 

Excepting -

 

                         Engineers, fitters;

                         Tin box makers;

Engine-drivers and firemen, greasers, trimmers, cleaners, and pumpers, engaged in or about the driving of engines, electrical crane, winch and motor drivers;

                         Carters, grooms, stablemen, yardmen, and drivers of motor and other power-propelled vehicles and

                         Paper makers, and all persons employed in paper making in paper mills;

 

And Excepting also the employees of -

 

                         State Rail Authority of New South Wales;

                         The Commissioner for Motor Transport;

                         The Council of the City of Sydney;

                         The Sydney County Council;

                         The Council of the City of Newcastle;

                         The Electricity Commission of New South Wales;

 

 

And Excepting also -

 

Employees within the jurisdiction of the University Employees, & c. (State) Industrial Committee;

Employees engaged in the industries and callings assigned to the Printing Industry, Compositors, &c. (Sydney Daily Newspapers Industrial Committee.

 

Section 2.

 

Compositors, linotype, monoline and other type-setting or type-casting machine operators and attendants, letterpress machinists, bookbinders, paper-rulers, lithographic workers, metal varnishers, stone polishers, cardboard box makers, guillotine machine cutters, process engravers, stereo typers, electrotypers, readers, feeders, flyers, publishing employees, boo-sewers, folders, numberers, wirestitchers, perforators, embossers, copperplate printer, metallic printers and all other persons employed in or in connection with the printing industry in the State, excluding the Counties of Cumberland and Yancowinna and in the police districts of Newcastle and Maitland;

 

Excepting

 

                         Engineers, Fitters;

                         Tin Box makers;

Engine-drivers and firemen, greasers, trimmers, cleaners and pumpers engaged in or about the driving of engines, electrical crane, winch and motor drivers;

                         Carters, grooms, stablemen, yardmen and drivers of motor and other powerpropelled vehicles;

Employees of the Council of the City of Newcastle; and of The Electricity Commission of New South Wales.

 

Section 3

 

Process engravers, photo-lithographic operators, photo-lithographic transfer printers and photolithographers including any person engaged in one or more of the following stages of production viz, negative making, imposing, stripping, colour separating, printing on metal and also photogravure engaged in the process of negative making, negative retouching, positive making, imposing and stripping, sensitising and printing, preparing and etching cylinders and plates and the deposition and preparing of cylinders for gravure printing in the County of Cumberland and the Police Districts of Newcastle and West Maitland, excepting such employees as are in the employ of Associated Newspapers Limited, Consolidated Press Limited, John Fairfax and Sons Pty Limited and Mirror Newspapers Limited.

 

Excepting employees of -

 

                         The Council of the City of Sydney;

                         The Council of the City of Newcastle.

 

Section 4

                        

Bookbinders and paper rulers, guillotine machine cutters, embossers, blockers, envelop cutters, leather cutters or skivers, pocket book makers, die label cutters, blotting pad makers map and plan mounters or varnishers, indexes, vellum binders, finishers, forwarders, marblers and guilders, letterpress printers and in connection with such machinists feeders, operatives on the Kelly press, Cox duplex machine, calico printing press, bag making and printing press, counter check book press, Harris press, railway ticket printing press, rotary ticket press, platen press (ant kind), two-revolution press, bronzing machine, two or more colour printing press, roller makers, ink makers and mixers, machine cleaners and oilers, lithographers, and in connection with such rotary and offset transferrers and provers, tin plate printers, stone polishers, metallic printers, feeders, flyers, grainers, ink makers and mixers, metallic tube makers and printers, copper-plate printers, roller-makers, bronzing machine operators, machine cleaners and oilers in the County of Cumberland and the police districts of Newcastle and Maitland;

 

Excepting employees of -

 

                         The Municipal Council of the City of Sydney;

                         The Commissioner for Railways and the Commissioner for Road Transport and Tramways;

                         The Council of the City of Newcastle;

                         The Electricity Commission of New South Wales.

 

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

Base Rate of Wage -

 

Table B1
Group Level	Broad banded Group/Rate ($)
1	301.70
2A	314.50
2B	320.50
2C	324.40
3A	330.60
3B	335.90
3C	328.80
3D	335.90
3E	342.00
4	367.60
5A	367.60
5B	381.30

 

Supplementary Payments -

 

Table B2
Group Level	Supplementary Payment ($)
1	3.90
2A	4.80
2B	3.30
2C	2.30
3A	6.30
3B	5.00
3C	6.70
3D	5.00
3E	3.40
4	0.90
5A	9.90
5B	6.40

 

 

Minimum Weekly Rate of Wage -

 

Table B3 - Adults

 

1.				Any other adult employee.							305.60
				The work prescribed in this section, wherever done on an employer’s
				premises, shall be paid for in the rates prescribed herein.
2A				Copy holder							319.30
2A				(b)			When engaged on work which does not exceed both the
							measurements abovementioned.
2A				Employee engaged in -
				(a)	Making blotting pads, without corners, paper around four edges,
					or
				(b)	Making blotting pads, with corners of any material other than
					leather but not with -
						(i)			Corners which are turned in before being affixed to
									the pad
						(ii)			Base boards having cloth-bound edges, or
			(c)				Making covers for school papers which are cut flush or turned
							in, but not when such covers are of full leather
			(d)				Affixing projecting index tabs made of paper and not reinforced,
							or
			(e)				Making letter or other types of files, or
			(f)				Making loose sheet covers (including portfolios), of which
							covers no part is leather or is a metal fixture bound in the cover,
							or
			(g)				Mounting showcards, maps, plans, envelope paper and other				319.30
							plain or printed paper but not maps or plans when mounted on
							calico or sheeting or similar material which is stretched on a flat
							or circular surface preparatory to mounting being done.
2A			(b)				When engaged on work which does not exceed both the
							measurements abovementioned
2A			Employee engaged in -
			(a)					Making blotting pads, without corners, paper around four edges,
								or
			(b)					Making blotting pads, without corners of any material other than
								leather but not with -
								(i)		Corners which are turned in before being affixed to
										the pad,
								(ii)		Base boards having cloth-bound edges, or
			(c)							Making covers for school papers which are cut flush
										or turned in, but not when such covers are of full
										leather cloth or similar material, or
			(d)							Affixing projecting index tabs made of paper and not
										reinforced, or
			(e)							Making letter or other types of files, or
			(f)							Making covers for school papers which are cut flush
										or turned in, but not when such covers are of full
										leather or is a metal fixture bound in the cover, or
			(g)							Mounting showcards, maps, plans, envelope paper	319.30
										and other plain or printed paper but not maps or
										plans when mounted on calico or sheeting or similar
										material which is stretched on a flat or circular
										surface preparatory to mounting being done.
2A			Hand or machine sewer and taker down or repairer of letterpress work.
2A			Employee employed on any one or more of the following operations:								319.30
			Folding, paging, numbering, perforating, gathering, collating, interleaving,
			tipping-in and tipping-on (but not joining sheets for account books), wire
			stapling, edge staining (excepting the staining or otherwise colouring of the
			edges of cards and the edges of books other than those books that are
			quarter bound cut flush with turned in paper sides or are cut flush and not
			turned in)
2A			Employee employed directly in connection with stationery systems work,								319.30
			addressograph work, paper products and/or in printing work not allotted a
			rate in this Part
2A			Embosser
2A			Operator/feeder of blocking and/or stamping press or machine (not								319.30
			including making ready, or the work of blocking and/or stamping
			performed in the course of the of the trade of bookbinding)
2A			Cutter from reel and/or slitter								319.30
2A			(a)					Not including making ready			319.30
2A			Envelope window punching machinist (not including setting of dye)								319.30
2A			Envelope punch and washing machinist								319.30
2A			(b)					Crepe paper chopping machinist			319.30
2A			Colour mixer for surface coating								319.30
2A			Calenderer								319.30
2A			Brusher								319.30
2A			Water-proofer								319.30
2A			Plate-roller of paper or board								319.30
2A			Persons employed in the manufacture of stationery and/or paper products								319.30
			on machines not specified in this Part and which are not used in the trades
			referred to in subclause (a) of clause 42.
2A			Sheet varnishing and/or sheet gumming machinist								319.30
2A			Metal maker for slug-casting or type-casting machines or elrod machines or								319.30
			stereotyping or electrotyping.
2A			Bronzing machine operator								319.30
2A			Feeder on any kind of machine.								319.30
2A			Employee (whether working under a foreman or otherwise) in charge of								319.30
			Pirns tube cutting machines.
2A			Pirns machinist								319.30
2A			Pirns machinist’s assistant								319.30
2A			Cone machinist								319.30
2A			Cone machinist’s assistant								319.30
2A			Employee engaged in tube spinning								319.30
2A			Employee on shredder machine								319.30
2A			Employee on dimpler machine								319.30
2A			Crepe chopping paper machine attendant								319.30
2B			Attendant or assistant mechanic on a slugcasting machine (an attendant or								323.80
			assistant mechanic shall be a person working under the direction of a
			foreman or other person in authority, whose duties include attention to the
			machine and all its accessories and part s to maintain it and them in an
			efficient state and to do any adjustments and replacements of accessories
			and parts but not any repairs)
2B			Caster or assistant mechanic on a type-casting machine (a caster or assistant								323.80
			mechanic shall be a person working under the direction of a foreman or
			other person in authority whose duties include attention to the type-casting
			machine and all its accessories and parts to maintain it and them in an
			efficient state and to do any adjustments and replacements of accessories
			and parts but not any repairs).
2B		(a)	When engaged on work which exceeds 40 millimetres (1.5 inches) in								323.80
			thickness of back and 5.90 dm (108 superficial inches) measured over
			length and breadth of either side, whether wired, sewn, stabbed, stapled or
			otherwise held together.
2B			Tag machinist								323.80
2B			Employee operating a milk bottle wad-making machine.								323.80
2B			Cutter from reel and/or slitter, if cutting or slitting -
			(a)					Printed, creped or embossed paper, or papers coated with gum			323.80
								or adhesive
			(b)					Paper in rolls for recording machines similar to these machines.			323.80
			Rotary cutting machinist cutting board from sheets, but excluding the
			cutting of board for the making of books, cartons, boxes and containers -
2B			(b)					Including making ready			323.80
2B			Envelope cutter and/or die cutter								323.80
2B			Envelope cutter and/or die cutter who has to mark or lay out.								323.80
2B			Cutter of playing cards.								323.80
2B			D’Oyley machinist								323.80
2B			Surface Coater								323.80
2B			(a)					Creping, dyeing and slitting machining			323.80
2B			Employee working paste-board machine								323.80
2B			Waxer								323.80
2B			Tinplate varnishing and/or colour coating and/or sizing and/or lacquering of								323.80
			tinplates.
2B			Rotary reel gumming machinist.								323.80
2B			(a)					From three to eight employees (both inclusive)			323.80
2C			Assistant on a printing machine directly assisting a printing machinist for								326.70
			whom a wage is prescribed by this award at not less than the wage
			prescribed for Group Level 5A, Printing Machinist, of the Bookbinders and
			Finishers, Printing Machinists (Cumberland and Newcastle) Award for the
			relevant area.
2C		(b)	From nine to 15 employees (both inclusive)								326.70
2C		(c)	Over 15 employees.								326.70
3A			Storeman								336.90
3A			Packer and/or dispatcher								336.90
			Female employee in charge of or who supervises, directs or is responsible
			for the work of
3B			Tag machinist, where machine has printing attachment								340.90
3B			Employee operating a forklift and/or grab truck and/or similar powered								340.90
			vehicle.
3E			D’Oyley making and embossing and printing machinist.								345.40
3E			Bronze powder cleaner (or similar powder), sifting bronze or similar								345.40
			powder for the purposes of removing foreign matter (including disability
			allowance)
4			Keyboard operator/assembler								373.30
4			Working mechanic in charge (whether or not under a foreman or other								373.30
			person in authority) of a slugcasting machine.
4			Proof reader and/or reviser.								373.30
4			Artist and/or designer (including commercial artist).								373.30
4			Small offset lithographic printing machinist.								373.30
4			Non-impact printing machine operator (including electronic and laser								373.30
			printing machine operator)
4			Map and plan mounter and/or varnisher								373.30
4			Employee (whether working under a foreman or otherwise) in charge of								373.30
			envelope-making machine or machines.
5A			Electrotyper (which shall include an employee preparing lead for matrix								377.50
			purposes)
5A			Stereotyper								377.50
5A			Engraver on wood or metal								377.50
5A			Collapsible tube printing machinist								377.50
5A			Universal process machine operator								377.50
5A			Binder and finisher (bookbinder and/or finisher and/or guillotine operator								377.50
			and/or paper ruler).
			Employee engaged in the binding of quarter-bound work cut flush with
			turned-in paper sides and the binding of all cut flush work not turned in -
5B			Compositor								387.70
5B			Operator of a Wells cross-rule form machine								387.70

 

 

 

 

 

 

 

Part 2 - Cardboard Box, Container and Carton Industry Section

 

1		Any other adult employee.	305.60
		The work prescribed in this section, wherever done on an employer’s	319.30
		premises, shall be paid for at the rate prescribed herein.
		Wherever done on an employer’s premises, shall be paid for at the rate
		prescribed herein.
2A	(a)	When covered with paper.	319.30
2A		Employee assembling cartons by hand, including pulling out and stripping.
2A		Employee employed in connection with containers, including folders, and	319.30
		an employee taking off from sheeting or partition-slotting or slitting
		machine.
2A		Assistant to machinist on any machine in this section.	319.30
2A		Employee working any other kind of machine.	319.30
		Female employee in charge of or who supervises, directs or is responsible
		for the work of -
2B		Employee operating automatic carton gluing machine.	323.80
2B		Employee operating scoring and double folding automatic tube gluing	323.80
		machine.
2B		Twin or single die-scoring, cutting and printing slide machinist.
2B		Employee operating carton platen press, when the machine is not capable	323.80
		of taking a sheet 760 millimetres x 1,020 millimetres (30 inches x 40
		inches) in size.
2B		Two-way or double cutter and scorer machinist.	323.80
2B		One way rotary cutter and scorer machinist.	323.80
2B		Gang slitting machinist	323.80

 

Part 3 - Corrupted and Solid Fibreboard Container Industry Section - Employee on a corrugator.

 

2C	(a)				Single facer machinist		326.70
2B	(b)				Double back glue station machinist		323.80
3C	(c)				In charge of slitter, scorer and cut-off unit.		335.50
2B	(d)				Assistant on slitter, scorer and cut-off unit (when an assistant is needed).		323.80
2A	(e)				Any other employee on that machine.		319.30
2A	(f)				When an employee who is engaged on the work of classification (a), (b) or
					(c) hereof is required to act as the co-ordinator on a corrugator, he shall be
					paid 3.25 per cent (calculated to the nearest 10 cents) of the wage rate
					provided in classification C1(c) in addition to the wage prescribed for his
					classification.  Such additional amount shall be part of his ordinary wage
					for all purposes of the award.
	Employee on a corrugator making double-faced corrugated board in one pass (one						335.50
	single facer tight web machine driven by a single main drive motor) -
3C	(a)				Machinist		335.50
2B	(b)				Assistant machinist		323.80
2A	(c)				Any other employee on that machine.		319.30
	Employee on a single-faced corrugated board slitter and/or scorer and/or rewinder
	and/or chopping machine when such machine is not used in line with a single face
	corrugator -
2B	(a)				Machinist		323.80
2A	(b)				Any other employee on that machine.		319.30
	Employee on a solid fibreboard pasting machine -
2C	(a)				Machinist		326.70
2B	(b)				Assistant machinist		323.80
2A	(c)				Any other employee on that machine.		319.30
2B	Employee operating an adhesive mixing unit including storage and circulating systems.					323.80
	Employee on a printer-slotter -
3C	(a)			Machinist		335.50
2B	(b)			Assistant machinist		323.80
2A	(c)			Any other employee on that machine.		319.30
	Employee on a printer-slotter with inline folder-gluer and/or folder-taper and/or die					319.30
	cutter -
3C	(a)			Machinist		335.50
2B	(b)			Assistant Machinist		323.80
2A	(c)			Any other employee on that machine.		319.30
	Employee on a slitting and/or slotting and/or bending and/or scoring rotary machine
	which may include a printing attachment -
2B	(a)			Machinist		323.80
2A	(b)			Any other employee on that machine.		319.30
2C	Employee away from the printing plates on backing sheets including grinding.					326.70
	Employee on a slitting and/or scoring and/or slit scoring machine.					323.80
2B	(a)			Machinist		323.80
2A	(b)			Any other employee on that machine.		319.30
	Employee on a slotting and/or punching and/or chopping and/or bending machine
	(non-rotary) -
2B	(a)			Machinist		323.80
2A	(b)			Any other employee on that machine.		319.30
	Employee on a wire stitching machine and/or taping machine and/or gluing machine.
2B	(a)				Machinist		323.80
2B	(b)				Assistant machinist (where a machine slots, scores or slits)		323.80
2A	(c)				Any other employee on that machine.		319.30
2B	Employee on a platen dye cutting machine.					323.80
	Employee on a rotary and/or cylinder flat bed and/or autoplaten dye cutting machine -
2C	(a)			Machinist		326.70
2B	(b)			Assistant Machinist		323.80
2A	(c)			Any other employee on that machine		319.30
2B	Machine setter, that is, an adult employee, not being a machinist or an operator, whose
	duty it is to set up machines for the employees covered by Group Level 2A, employee
	on a stripping machine when such machine is not in line with a die cutting machine.
	Board sawyer engaged in connection with corrugated and/or solid fibreboard -					323.80
2B	(a)			Machinist		323.80
2A	(b)			Any other employee on that machine		319.30
	Employee on a partition slotting and/or pad shopping and/or liner making machine.
2B	(a)			Machinist		323.80
2A	(b)			Any other employee on that machine		319.30
	Employee on an automatically fed partition assembling machine -
2B	(a)			Machinist		323.80
2A	(b)			Any other employee on that machine.		319.30
	Employee on a manually fed partition assembling machine -
2B	(a)			Machinist		323.80
2A	(b)			Any other employee on that machine.		319.30
2A	Employee assembling partitions by hand.					319.30
2A	Employee engaged in hand work including gluing out and/or making up built-up pads					319.30
	and/or fitments and/or labelling and/or affixing preprinted sheets to be corrugated
	and/or solid fibreboard and/or inserting ties, tags, pulls and/or similar work.
	Employee on a roller coating or curtain coating or dipping machine -					319.30
2B			(a)		Machinist		323.80
2A			(b)		Any other employee on that machine.		319.30
		Employee on a reel and/or sheet fed laminating machine used in connection with
		corrugated and/or solid fibreboard -
2B	(a)			Machinist		323.80
2A	(b)			Any other employee on that machine.		319.30
4	Artist and or designer					373.30
4	Employee engaged in moulding rubber printing plates including grinding and					373.30
	mounting.
3C	Employee cutting rubber printing plates and/or transferring or rubbing down prepared					373.30
	art work to laminated rubber and including grinding.
3C	Employee engaged in sample making including structural designing.					335.50
2B	Employee on a sample making machine and/or making samples with hand tools but					323.80
	not designing.
3C	Employee engaged in making cutting dies (flat or curved)					335.50
2A	Employee engaged in hand stripping away from the machine.					319.30
2A	Employee on a stripping machine when such machine is not in line with a dye cutting
	machine.
	Employee on a palletiser and/or unitiser and/or typing machine when such machine is
	not in line with other equipment -
2B	(a)			Storeman		336.90
2A	(b)			Any other employee in the store		319.30
	Dispatch employees -
3A	(a)			Dispatcher		336.90
2A	(b)			Any other employee in the dispatch area.		319.30
3B	Employee operating a forklift and/or grab truck and/or similar powered vehicle.					340.90
	Power press baler -
2B	(a)			Operator		323.80
2A	(b)			Any other employee on that machine.		319.30
	Employee working any other kind of machine -
2A	(a)			Machinist		319.30
2A	(b)			Any other employee on that machine		319.30
	Female employee in charge of, or who supervises, directs or is responsible for the
	work of -
2B	(a)			From 3 to 8 employees (both inclusive)		323.80
2C	(b)			From 9 to 15 employees (both inclusive)		326.70
2C	(c)			Over 15 employees		326.70
	Any other adult employee.					305.60
	The work prescribed in this section, wherever done on an employer’s premises, shall
	be paid for at the rates prescribed herein.

 

 

Part 4 - Bag Making Industry Section including bags mad of paper and/or cellulose film and/or plastic and/or similar material.

 

1	Any other adult employee.		305.60
	The work prescribed in this section, wherever done on an employer’s premises
	shall be paid for at the rates prescribed herein.
2A	Hand-made bag maker.		319.30
2A	Bag machine minder, and employee threading bag making material looking after		319.30
	paste boxes or catching and stacking bags.
2A	Bag machine minder, if with stringing attachment and without assistants.		319.30
2A	Employee working a paste making machine.		319.30
	Female employee in charge of, or who supervises,, directs or is responsible for		319.30
	the work of -
2B	(b)	From 9 to 15 employees (both inclusive)	323.80
	Female employee in charge of, or who supervises, directs or is responsible for the
	work of -
2C	(c)	Over 15 employees	326.70
2C	Guillotine machine operator		326.70
2C	Bag machinist		326.70
3A	Storeman		336.90
3A	Packer and/or dispatcher		336.90
	Female employee in charge of, or who supervises, directs or is responsible for the
	work of -
3B	Employee operating a forklift and/or grab truck and/or similar powered vehicle.		340.90
3D	Bag machinist where machine has printing attachment.		340.90

 

Part 5 - Toilet Paper Making Industry Section -

 

1	Any other adult employee.		305.60
2A	Employee controlling toilet roll slitting and rewinding machine.		319.30
2A	Employee controlling toilet roll slitting, rewinding and creping machine.		319.30
2A	Employee labelling, wrapping and/or packing toilet rolls.		319.30
2A	Toilet paper oval roll slotting machinist.  Female employee in charge of, or who		319.30
	supervises, directs or is responsible for the work of -
2A	(a)	From 3 to 8 employees (both inclusive)	319.30
	Female employee in charge of, or who supervises, directs or is responsible for the
	work of -
2B	(b)	From 9 to 15 employees (both inclusive)	323.80
2B	Toilet roll automatic core making machinist.		323.80
2B	Toilet paper creping machinist.		323.80
2B	Toilet roll slitting and rewinding machinist.		323.80
	Female employee in charge of, or who supervises, directs or is responsible for the
	work of -
2C	(c)	Over 15 employees	326.70
3A	Storeman		336.90
3A	Packer and/or dispatcher		336.90
3B	Employee operating a forklift and/or grab track and/or similar powered vehicle.		340.90

 

 

 

 

 

 

 

 

 

 

Part 6 - Paper Pattern Cutting Industry Section

 

1	Any other adult employee		305.60
	The work prescribed in this section, wherever done on an employer’s premises, shall
	be paid for at the rate prescribed herein.
2A	Paper pattern assembler and/or folder and/or checker.		319.30
	Female employee in charge of, or who supervises, directs or is responsible for the
	work of -
2A	(a)	From 3 to 8 employees (both inclusive)	319.30
	Female employee in charge of, or who supervises, directs or is responsible for the
	work of -
2B	(b)	From 9 to 15 employees (both inclusive)	323.80
	Female employee in charge of, or who supervises, directs or is responsible for the
	work of -
2C	(c)	Over 15 employees	326.70
3A	Storeman		336.90
3A	Packer and/or dispatcher		336.90
3B	Employee operating a forklift and/or grab track and/or similar powered vehicle.		340.90
3E	Cutter of paper patterns in charge of and working a heavy-duty or similar electric		435.40
	cutter.

 

Part 7 - Screen Printing Industry Section

 

1	Any other adult employee.		305.60
	The work prescribed in this section, wherever done on an employer’s premises, shall
	be paid for at the rate prescribed herein.
2A	Screen attendant, i.e. an employee who assists the screen attendant referred to in 3D or
	2B above and whose work includes the rendering of assistance in the use of the
	squeegee, the cutting of stencils by any automatic or handpress method.
2B	Screen attendant, i.e. an employee engaged in or in connection with any of the		323.80
	following operations: the mixing and matching of colours, removing ties, applying
	stencils, making and/or preparing screens, applying colour to any surface through a
	screen and/or cutting stencils by any automatic hand press method.
	Female employee in charge of, or who supervises, directs or is responsible for the
	work of -
2B	(a)	From 3 to 8 employees (both inclusive)	323.80
	Female employee in charge of, or who supervises, directs or is responsible for the
	work of -
2C	(b)	From 9 to 15 employees (both inclusive)	326.70
2C	(c)	Over 15 employees	326.70
3A	Storeman		336.90
3A	Packer and/or dispatcher		336.90
3B	Employee operating a forklift and/or grab truck and/or similar powered vehicle.		340.90
3D	Power-driven screen printing machine operator		340.90
5A	Stencil preparer, i.e., an employee engaged in the manufacture of photographic stencils		377.50
	and/or stencils cut by hand, including tracing from master sketches or designs for use
	in screen printing.

 

Part 8 - Cigarette Paper Cutting and Packing Industry Section

 

1	Any other adult employee	305.60
	The work prescribed in this section, wherever done on an employer's premises, shall
	be paid for at the rate prescribed herein.
2A	Employee employed on or in connection with cigarette paper interlocking machine	319.30
2A	Employee employed on or in connection with cigarette paper packing machine	319.30
	Female employee in charge of, or who supervises, directs or is responsible for the
	work of -
2B	(a)  from 3 to 8 employees (both inclusive)	323.80
	Female employee in charge of, or who supervises, directs or is responsible for the
	work of:
2C	(b)  from 9 to 15 employees (both inclusive)	326.70
2C	(c)  over 15 employees	326.70
3A	Storeman	336.90
3A	Packer and/or dispatcher	336.90
3B	Employee operating a forklift and/or grab truck and/or similar powered vehicle	340.90

 

 

 

(iv)                   Juniors -

 

Juniors and Apprentices

 

Junior (other than a Junior Artist and/or Designer or a Junior Keyboard Operator/Assembler) not being an apprentice - where the work is performed by a junior (other than a junior artist and/or designer or a junior keyboard operator assembler) not being an apprentice, the minimum rates of wages shall be the undermentioned percentages of the wage of an adult employee working at the rate prescribed for Group Level 2A of Table B2 for the area in which they are employed.

 

		Percentage
H1	Under 16 years of age	30
H2	Between 16 and 17 years of age	40
H3	Between 17 and 18 years of age	50
H4	Between 18 and 19 years of age	60
H5	Between 19 and 20 years of age	75
H6	Between 20 and 21 years of age	90

 

Junior Keyboard Operator/Assembler - The minimum rate of wage payable to a junior employed as a keyboard operator/assember shall be the rate prescribed for Group Level 4 of Table B2 for the area in which they are employed.

 

Junior Artist and/or Designer (including Junior Commercial Artist) - Where the work is performed by a junior artist and/or designer (including a junior commercial artist), the minimum rates of wages shall be the undermentioned percentages of the wage of an employee working at the rate prescribed for Group Level 4 of Table B2 for the area in which they are employed.

 

 

		Percentage
H12	Under 17 years of age	37.5
H13	Between 17 and 18 years of age	47.5
H14	Between 18 and 19 years of age	60
H15	Between 19 and 20 years of age	72.5
H16	Between 20 and 21 years of age	87.5

 

Calculation of Rate in Table B4 - The rate prescribed for all employees paid in accordance with this table shall be calculated in multiples of ten cents, amounts less than five cents being taken to the lower multiple and amounts of five cents or more being taken to the higher multiple.

 

 

Table 2 - Other Rates and Allowances

 

Item	Clause No.	Brief Description	Amount
No.			per week
			$
1	Part B	Minimum wage	222.30
2	13 (g) (i)	Meal money - employees other than juniors.	6.40
3	13 (g) (ii)	Meal money - juniors	6.40
4	13 (g) (iv)	Meal money - Saturday, Sunday or a public holiday.	6.40
5	38 (b) (iii)	First-Aid attendant	8.20
6		Apprentice employed on bronzing or dusting off.	delete

 

 

 

 

B. W. O'NEILL, Commissioner.

 

 

 

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Printed by the authority of the Industrial Registrar.