TANNING INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to
section 19 of the Industrial Relations
Act 1996.
(No. IRC 5298 of 1999)
Before Commissioner O'Neill
|
8 August 2001
|
REVIEWED AWARD
PART A
1. ARRANGEMENT
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Contract
of Employment
4. Wages
5. Wage
Groups
6. Mixed
Functions
7. Sunday
and Holiday Rates
8. Supported
Wage
9. Hours of
Work
10. Implementation
of 38-Hour Week
11. Meal
Breaks and Rest Periods
12. Overtime
13. Shift Work
14. Special
Rates
15. Washing
Time
16. Tools of
Trade and Damage to Clothing
17. Formaldehyde
and/or Corrosive Chemicals
18. Holidays
19. Sick Leave
20. Personal/Carer's
Leave Case
21. Annual
Leave
22. Parental
Leave
23. Long
Service Leave
24. Bereavement
Leave
25. Jury
Service
26. Payment of
Wages
27. Payment
for Piece Work and Task Work
28 Time and
Wages Records
29. Right of
Entry of Union Officials
30. Breaches
of the Award
31. Shop
Delegates and Notice Board
32. Union
Business
33. Trade
Union Training Leave
34. Accident
Pay
35. Redundancy
36. Superannuation
37. Grievance
and Disputes Procedure
38. Anti
Discrimination
39. Basis of
Award and Leave Reserved to Apply
40. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
2. DEFINITIONS
(i) "Union"
means The Australian Liquor, Hospitality and Miscellaneous Workers' Union, New
South Wales Branch.
(ii) "Double
time rate" or "rate of double time" shall mean when applicable
to ordinary hours of work on a week day, holiday or Sunday, the ordinary hourly
rate payable as part of the employees weekly wage and, in addition, a rate
equal to such ordinary hourly rate.
(iii) "Treble
time" or "rate of treble time" shall mean when applicable to
ordinary hours of work on a holiday, the ordinary hourly rate payable as part
of the weekly wage and, in addition, a rate equal to twice such ordinary rate.
(iv) "Currier"
is a person who uses a whitening knife, skiver slicker, whitening slicker or
shaving knife, or buffing knife, or buffing slicker.
(v) "Handflesher"
is a person who uses a knife for the purpose of fleshing green hides or cutting
down hides or skins, or pieces before or after being fleshed by a machine.
(vi) "Table
Hand" is a person engaged on any class of work done on tables, except in
sole leather or as otherwise provided.
(vii) "Slab
work" shall mean the pasting of pieces of split leather together for sale
or use as soles, insoles, heel or toe pieces, or stiffeners, or any purpose
whatsoever.
(viii) "Strainer"
shall mean a person engaged at straining or tacking out of stripping or
toggling or carrying boards or frames used for straining or tacking out of
toggling.
(ix) "Yard
employee or assistant to maintenance employee" shall mean a person engaged
at assisting in repairing concrete paths or pits, cleaning drains and sewers,
labouring to maintenance employee and on work of a substantially similar
nature.
(x) "Shed
employee" used in relation to tanneries shall include persons employed in
hide houses or beamshed departments spreading out and hooking hides together to
make packs ready for reeling into pits, trucking hides and taking them out of
bundles, lumping hides from the lorries and cleaning up.
(xi) "Casual
employee" means an employee (other than a regular employee) employed and
paid by the day, who shall not be employed as a casual employee for more than
ten days, from the time of commencing employment.
(xii) "Department"
of a tannery or leather-dressing establishment refers only to each of the
following departments: Beamshed Department, Tanning Department, (including all
wet work), Curriers' Department (including rolling), Finishing Department
(other than rolling), Japan Shop. Japan Shop means places where persons
japanning or enamelling leather by hand or machine, or spraying, are engaged.
Bark and Extract Department means places where persons are engaged grinding,
bagging, making, sorting or preparing tanning extracts or assisting in
preparing tanning extracts.
(xiii) "Colour
Matcher" shall mean an employee engaged in the making up of and matching
of watercolours, pigments and/or lacquers and/or other chemical formulations
used in the matching of colours.
(xiv) "Mixer of
colours and dyes" means persons engaged in the mixing of dyes after
matching and where duties include mixing of dyes, preparing drums for dyeing,
loading and unloading drums for dyeing.
(xv) "Chemical
and/or Colour Mixer" shall mean an employee responsible for the weighing,
mixing and measuring of chemicals and/or controlling and checking the process
for tanning and/or dyeing in drums, vats, paddles, processors etc. and others
responsible for performing similar functions in the finishing process.
(xvi) "Dye or
Tanning Drum Hand" shall mean an employee engaged in the loading and
unloading of drums, vats, paddles and processor, etc. and who performs chemical
additions and processing tasks when and as directed.
(xvii) "Industrial
Committee" means the Tanners, &c. (State) Industrial Committee.
3. CONTRACT OF
EMPLOYMENT
(i) Except as to
casual workers and subject to the undermentioned provisions employment shall be
by the week.
(ii) Employees
shall be paid for the holidays set out in clause 18, Holidays, as if worked.
(iii) Provided
however, that in the event of a stoppage through breakdown of machinery or any
other cause for which the employer cannot be held responsible, the employer
may, on any day, notify any employee that the employee's services shall not be
required on the following day or days and the employee's employment shall be
temporarily terminated accordingly, and the employee shall not be entitled to
be paid for the time not worked.
(iv) Termination
of Employment
(a) Notice of
termination by employer
(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
|
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 weeks
|
4 weeks
|
(2) In addition to
the notice in paragraph (a) of this subclause, 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 prescribed in subparagraph (1) and/or (2) of paragraph (a)
of this subclause 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.
(4) For the
purposes of this subclause, notice given at or before the commencement of any
shift shall commence to run from the beginning of such shift and notice given
after the commencement of a shift shall not begin to run until the commencement
of the next succeeding shift.
(5) In calculating
any payment in lieu of notice the wages an employee would have received in
respect of the ordinary time the employee would have worked during the period
of notice had the employment not been terminated shall be used.
(6) 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.
(7) For the
purposes of this clause, continuity of service shall be calculated in the
manner prescribed by subclause (x), Calculation of Continuous Service, of
clause 21, Annual Leave.
(b) Notice of
Termination by Employee - The notice of termination required to be given by an
employee shall be the same as that required of an 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.
Provided that where an employee, employer and the Union
agree the employee may be released prior to the expiry of the notice period
with payment of wages to the date of termination only.
(c) Time off
During Notice Period - Where an employer has given notice of termination to an
employee, an employee shall be allowed up to one day's time off without loss of
pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the
employee after consultation with the employer.
(d) Statement of
Employment - The employer shall, upon receipt of request from an employee whose
employment has been terminated, provide to the employee a written statement
specifying the period of employment and the classification of or the type of
work performed by the employee.
(e) Summary
Dismissal - Notwithstanding the provisions of subparagraph (1) of paragraph (a)
of this subclause, 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) Unfair
Dismissals - Termination of employment by an employer shall not be harsh,
unjust or unreasonable. For the
purposes of this clause, termination of employment shall include terminations
with or without notice. Without
limiting the above, except where a distinction, exclusion or preference is
based on the inherent requirements of a particular position, termination on the
ground of race, colour, sex, marital status, family responsibilities,
pregnancy, religion, political opinion, national extraction and social origin
shall constitute a harsh, unjust or unreasonable termination of employment.
(g) Disputes
Settlement Procedures - Unfair Dismissals - Any dispute or claim arising under
paragraph (f) of subclause (v) of this clause shall be dealt with in the
following manner -
(1) As soon as is
practicable after the dispute or claim has arisen, the employee concerned shall
take the matter up with the employee's immediate supervisor affording that
person the opportunity to remedy the cause of the dispute or claim.
(2) 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 employee and the immediate
supervisor would be inappropriate, the employee shall notify a duly authorised
representative of the Union who, if such person considers that there is some
substance in the dispute or claim, shall forthwith take the matter up with the
employer or the employer's representative.
(3) If the matter
is not settled it shall be submitted to the Industrial Committee which shall
endeavour to resolve the issue between the parties by conciliation.
(4) 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.
4. WAGES
(i) Weekly
Employees - An adult employee shall be paid the rates of pay as set out in
Table 1 - Wages, of Part B, Monetary Rates.
(ii) In addition
to the rates of pay set out in the said Table 1, employees shall receive an
industry loading as set out in Item 1 of Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates. Such loading shall be added to the employee's total
rate and shall be payable for all purposes of the award. This includes payment on annual leave, sick
leave, long service leave, bereavement leave, trade union training leave,
public holidays, weekend work, shift work and overtime. The loading is payable due to the
disabilities faced by employees in the industry and which include unpleasant
smells, wetness, excessive deterioration of personal clothing and footwear and
oppressive physical surroundings.
(iii) Full Time
Employees
(a) Minimum Rates
- the minimum adult weekly rates of pay for full time employees for each
classification from time to time effective, are set out in Table 1, Wages, of
Part B Monetary Rates of this Award.
(b) The rates of
pay in this Award include the adjustments payable under the State Wage Cases of
June 1998. These adjustments may be
offset against:
(1) any equivalent
overaward payments; and/or
(2) award increases
since 29 May 1991 other than safety net, State Wage Case and minimum rates
adjustments.
(iv) Casual
Employees - A casual worker is a worker engaged and paid as such. A casual employee for working ordinary-time
shall be paid per hour one thirty-eighth of the weekly rate prescribed by this
award for the work an employee performs plus 20 per cent. The employment of a casual worker may be
terminated by the giving of one hour's notice by either side. A period of engagement shall not exceed ten
working days continuously, provided that the period may extend beyond ten days
with the written consent of the Union Secretary.
(v) Part-time
Workers - Where an agreement has been reached at an establishment between the
employer, the majority of employees and the union, the employee may be engaged
on a part-time basis.
(vi) Junior
Employees - All employees under the age of 21 years shall be paid the following
percentages of the appropriate adult wage as set out in subclause (ii) of this
clause; provided that the full industry loading shall be paid to all juniors:
|
Percentage Per Week
|
At 15 years of age
|
50
|
At 16 years of age
|
60
|
At 17 years of age
|
70
|
At 18 years of age
|
80
|
At 19 years of age
|
90
|
At 20 years of age
|
100
|
Provided that all such employees who have had two years
continuous service and who have attained the age of 18 years shall be paid the
appropriate adult rate of pay. The
aggregate proportion of juniors (other that those employed as strainers or
strippers) to adult shall not exceed two juniors to five adults or any fraction
of five. There shall be no limitation
to the number of juniors who may be employed as strainers or strippers.
(vii) Leading Hands
- An employee appointed by the employer as a leading hand to supervise the work
of other employees shall be paid, in addition to the rate fixed for the class
of work performed by the employee, the amounts set out in Items 2, 3 and 4 of
the said Table 2.
(viii) First-aid
Attendant - An employee holding a St John Ambulance or equivalent first-aid
certificate, appointed to attend to patients shall be paid an amount set out at
Item 5 of Table 2 per week in addition to their usual weekly wage, and shall be
paid for all time spent in attending lectures on first-aid during and outside
working hours.
5. WAGE GROUPS
For the purposes of the groups set out in clause 4, Wages,
each group shall be comprised of the following classifications - Group One (78%
Relativity) -
(a) An employee in
Group One performs routine duties essentially of a manual nature and to the
level of their training.
(1) Performs
general labouring and cleaning duties;
(2) Exercises
minimal judgement;
(3) Works under
direct supervision; or
(4) Is undertaking
structured training so as to enable them to
work at Group Two level.
Training (Compulsory) - Undertaking up to 38 hours
induction training which may include information on the enterprise, conditions
of employment, introduction to supervisors and fellow workers, training and
career path opportunities, plant layout and processes, work and documentation
procedures, occupational health and safety, equal employment opportunity and
quality control/assurance, timekeeping, housekeeping; Training on any one or
several of specific tasks encompassed in Group Two.
(b) Trainees - The
details as to requirements, training and appropriate classifying of persons who
have completed a traineeship is to be determined in forthcoming discussions.
Group Two (82% Relativity) - Definitions - Person able
to perform duties of a manual nature under direct supervision beyond the skills
of a Group One employee:
• Assist
an employee in Group Three;
• Undertakes
feeding or taking-off work on automatic or semi-automatic equipment;
• Understands
and undertakes basic quality control procedures;
• Maintains
simple records;
• Carries
out simple manual processes that require limited judgement;
• Carries
out stores and inventory assistance.
The nature of the duties includes work of the following
kind:
• Operation
of through-flow fleshing machine;
• Buffing,
Fluffing (assistant);
• Curtain
Coat Operation (assistant);
• Pasting;
• Assisting
in splitting;
• Setting
out, Sammying (assistant);
• Vibration
hydraulic staking;
• Measuring
Machine Operation;
• Leather
Trimming;
• Table
Hands;
• Drum
Hands;
• Vacuum
Drying;
• Basic
Stores Function;
• Toggling;
• Brushing
Machine Operation;
• Humidifying
Machine Operation;
• Salting
Hides;
• All
Other Machinists;
• Grinding
Machine Operation;
• Shedmen,
Yardmen;
• Sawdusting;
Training - Shall have completed all aspects of Group
One training and up to "X" hours additional in-house training,
including -
• Health and safety related to specific
tasks to be performed, timekeeping records, and quality awareness related to
particular processes.
• Quality
control procedures including the ability to recognise faults and deviations.
• Proficiency
and efficiency.
• Elementary
tasks, skills and procedures.
Group Three (87.4% Relativity) - Definition - Person able to
perform duties, with routine supervision, beyond the skills of a Group Two
employee:
• Must be
capable of operating and setting up a single machine or a single stage of the
production process to a required level of quality and safety.
• Must
be able to perform a variety of tasks in Groups One and Two.
• Must be
capable of setting up and controlling machines operated by Group Two and Three
employees.
• Must
be able to assist in the training of operators in Groups One and Two.
• Understands
and undertakes quality control procedures and be able to exercise a reasonable
level of judgement.
• Maintains
personal and group records.
The nature of the duties includes work of the following
kind:
• Fleshing;
• Buffing,
Fluffing;
• Knee
staking;
• Curtain
Coat Operation;
• Shaving;
• Glazing;
• Spraying;
• Hand
Tipping;
• Setting
out, Sammying;
Experience - Not less than six months experience as
Group Two, unless otherwise agreed.
Training - Shall have completed all aspects of Group
Two training and up to "X" hours additional in-house training,
including -
• Health and
safety related to specific tasks to be performed, timekeeping records, and
quality awareness related to particular processes.
• Advanced
quality control procedures.
• Proficiency
and efficiency.
Group Four (92.4% Relativity) - Definition - Person able to
perform duties, under general supervision, which have a major impact on the
final quality of the product, and which are beyond the skills of a Group Three
employee and possesses the following skills:
• Must be capable of operating and
setting up complex machines to a required level of quality and safety.
• Must
be capable of supervising a small team of employees operating a group of
related machines.
• Must
be able to perform a variety of tasks in Groups Two and Three.
• Must be
capable of setting up and controlling machines operated by Group Two, Three and
Four employees.
• Must
be able to assist in the training of operators in Groups One, Two and Three.
• Understands
and undertakes quality control procedures and be able to exercise an advanced
level of judgement.
• Maintains
all records associated with the particular process.
The nature of the duties includes work of the following
kind:
• Currier;
• Colour
Matching;
• Chemical/Colour
Mixing;
• Splitting;
• Classing/Sorting;
• Fork
Lift Driving;
Experience - Not less than six months experience as
Group Three unless otherwise agreed.
Training - Shall have completed all aspects of Group
Three training and up to "X" hours additional in-house and/or
external training, including -
• Supervision,
communication and management training.
• Licensed
and certified for forklift driving.
Group Five (100% Relativity) - Definition - Person primarily
engaged in production or maintenance who exercises substantial skills acquired
by an accredited means and/or who assists in the supervision of a department:
• Must
be capable of operating and setting up all machines operating within the
department.
• Must
be capable of carrying out maintenance and repair of machines.
• Must
be able to perform all tasks in Groups Two, Three and Four.
• Must
be able to assist in the training of operators in Groups One, Two, Three and
Four.
• Must
possess necessary keyboard skills.
• Must
be able to develop and implement appropriate quality control techniques.
Experience - Not less than six months experience as
Group Four.
Training - Shall have completed all aspects of Group
Four training and up to "X" hours additional in-house training
together with successful completion of the three-year FTAA Training Course,
including: supervision, communication and management training.
6. MIXED FUNCTIONS
(i) Where an
employee is engaged on any day or shift for not less than two hours on mixed
functions or on work carrying a higher rate of pay than the ordinary
classification, the employee shall be paid at the higher rate for the whole of
the day or shift, provided that for less than two hours worked, the employee
shall be paid the higher rate for the time so worked. If the hours worked by an employee on such higher classification
aggregates 15 in the pay week, the employee shall be paid at the higher rate
for the week.
(ii) An employee
working temporarily at a job, the pay for which is less than the employee's
usual pay, shall suffer no reduction in pay for the time so worked. However, such temporary relocation of the
employee shall be limited to five working days, except in the case of
substituting for a person on approved leave such as annual leave, etc.
(iii) The
provisions of subclause (i) of this clause, shall not apply to an employee
engaged for a part of this time operating a fork lift, such employee shall be
paid an amount per hour extra while so engaged as set out at Item 6 of Table 2
- Other Rates and Allowances, of Part B, Monetary Rates.
(iv) Provided
further that an employee who received payment in accordance with this subclause
shall not be paid at a rate in any one week greater than classification 3,
"Fork Lift Operator" in clause 4, Wages.
7. SUNDAY AND HOLIDAY RATES
(i) All work
performed on Sundays shall be paid for at the rate of not less than double
time.
(ii) Any weekly
employee who works on any holiday provided for in clause 18, Holidays, shall,
for all time worked on that day, be paid at the rate of double time and a half
provided that an employee working on Good Friday or Christmas Day shall be paid
treble time.
(iii) An employee
called upon to work on a Sunday shall be entitled to a minimum of four hours'
pay and on public holidays to a minimum of four hours' pay.
8. SUPPORTED WAGE
(i) Definitions -
This clause defines the conditions which will apply to employees who, because
of the effects of a disability, are eligible for a supported wage under the
terms of this award. In the context of
this clause, the following definitions will apply:
(a) "Supported
Wage System" means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a
disability, as documented in Supported Wage System: Guidelines and Assessment
Process.
(b) "Accredited
Assessor" means a person accredited by the management unit established by
the Commonwealth under the Supported Wage System to perform assessments of an
individual's productive capacity within the Supported Wage System.
(c) "Disability
Support Pension" means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security Act 1991 as amended from
time to time, or any successor to that scheme.
(d) "Assessment
Instrument" means the form provided under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed
under the Supported Wage System.
(ii) Eligibility
Criteria - Employees covered by this clause will be those who are unable to
perform the range of duties to the competence level required within the class
of work for which the employee is engaged under this award, because of the
effects of a disability on their productivity capacity, and who meet the
impairment criteria for receipt of a Disability Support Pension.
(This clause does not apply to any existing employee
who has a claim against the employer which is subject to the provisions of
workers' compensation legislation or any provision of this award relating to
the rehabilitation of employees who are injured in the course of their current
employment).
(This award does not apply to employers in respect of
their facility, program, undertaking, service or the like which receives
funding under the Disability Services Act
1986 and fulfils the dual role of service provider and sheltered employer to
people with disabilities who are in receipt of, or are eligible for, a
disability support pension, except with respect to an organisation which has
received recognition under section 10 or section 12A of the said Act or, if a
part only has received recognition, that part).
(iii) Supported
Wage Rates - Employees to whom this clause applies shall be paid the applicable
percentage of the minimum rate of pay prescribed by this award for the class of
work which the person is performing, according to the following schedule:
Assessed Capacity
|
Percentage of Prescribed
|
(subclause (d))
|
Award Rate
|
10%*
|
10
|
20%
|
20
|
30%
|
30
|
40%
|
40
|
50%
|
50
|
60%
|
60
|
70%
|
70
|
80%
|
80
|
90%
|
90
|
(Provided that the minimum amount payable shall not be
less than $53.00 per week)
*Where a person's assessed capacity is 10 per cent,
they shall receive a high degree of assistance and support.
(iv) Assessment of
Capacity - For the purpose of establishing the percentage of the award rate to
be paid to an employee under this award, the productive capacity of the
employee will be assessed in accordance with the Supported Wage System and
documented in an assessment instrument by either:
(a) the employer
and the union, in consultation with the employee or, if desired, by any of
these;
(b) the employer
and an accredited assessor from a panel agreed to by the parties to the award
and the employee.
(v) Lodgement of
Assessment Instrument
(a) All assessment
instruments under the conditions of this clause, including the appropriate
percentage of the award wage to be paid to the employee, shall be lodged by the
employer with the Registrar of the Industrial Relations Commission of New South
Wales.
(b) All assessment
instruments shall be agreed to and signed by the parties to the assessment;
provided that, the union is not a party to the assessment, it shall be referred
by the Registrar to the union by certified mail and shall take effect, unless
an objection is notified to the Registrar within ten working days.
(vi) Review of
Assessment - The assessment of the applicable percentage should be subject to
annual review, or earlier on the basis of a reasonable request for such a
review. The process of review shall be
in accordance with the procedures for assessing capacity under the Supported
Wage System.
(vii) Other Terms
and Conditions of Employment - Where an assessment has been made, the
applicable percentage will apply to the wage rate only. Employees covered by the provisions of this
clause will be entitled to the same terms and conditions of employment as all
other employees covered by this award paid on a pro rata basis.
(viii) Workplace
Adjustment - An employer wishing to employ a person under the provisions of
this clause must take reasonable steps to make changes in the workplace to
enhance the employee’s capacity to do the job.
Changes may involve redesign of job duties, working time arrangements
and work organisation in consultation with other employees in the area.
(ix) Trial Period
(a) In order for
an adequate assessment of the employee’s capacity to be made, an employer may
employ a person under the provisions of this clause for a trial period not
exceeding 12 weeks, except that in some cases additional work adjustment time
(not exceeding four weeks) may be needed.
(b) During the
trial period, the assessment of capacity shall be undertaken and the proposed
wage rate for a continuing employment relationship will be determined.
(c) The minimum
amount payable to the employee during the trial period shall be no less than
$53.00 per week.
(d) Work trials
should include induction or training as appropriate to the job being trialed.
(e) Where the
employer and employee wish to establish a continuing employment relationship
following the completion of the trail period, a further contract of employment
shall be entered into, based on the outcome of assessment under subclause (iv)
of this clause.
9. HOURS OF WORK
(i) Subject to
clause 10, Implementation of 38-Hour Week and subject to the exceptions
hereinafter provided, the ordinary hours of work, shall be an average of 38 per
week to be worked on one of the following bases:
(a) 38
hours within a work cycle not exceeding seven consecutive days; or
(b) 76
hours within a work cycle not exceeding 14 consecutive days; or
(c) 114
hours within a work cycle not exceeding 21 consecutive days; or
(d) 152
hours within a work cycle not exceeding 28 consecutive days.
(ii) Subject to
subclause (v) of clause 10, Implementation of 38-Hour Week and clause 12,
Overtime, not more than eight hours exclusive of meal breaks (except if paid
for at overtime rates) shall be worked in any one day in each week.
(iii) The ordinary
hours of employment shall be worked between the hours of 6:00 a.m. and 6:00
p.m. on Monday to Friday.
(iv) Subclauses
(i), (ii) and (iii) of this clause shall not apply to shift workers.
10. IMPLEMENTATION OF 38-HOUR WEEK
(i) Ordinary
hours of work shall be an average of 38 per week as provided in clause 9, Hours
of Work.
(ii) Except as
provided in subclauses (v) and (vi) of this clause, the method of
implementation of the 38-hour week may be any one of the following:
(a) by
employees working less than eight ordinary hours each day; or
(b) by employees
working less than eight ordinary hours on one or more days each week, or
(c) by fixing one
week day on which all employees will be off during a particular work cycle; or
(d) by rostering
employees off on various days of the week during a particular work cycle so
that each employee has one week day off during that cycle.
(iii) In each
plant, an assessment should be made as to which method of implementation best
suits the business and the proposal shall be discussed with the employees and
the Union, the objective being to reach agreement on the method of
implementation.
(iv) In the absence of agreement at plant level,
the matter shall be referred:
(a) to the
Secretary of the Union or Deputy at which level a conference of the parties
shall be convened without delay.
(b) in the absence
of agreement either party may refer the matter to the Industrial Committee for
resolution.
(v) Circumstances
may arise where different methods of implementation of a 38-hour week apply to
various groups or sections of employees in the plant or establishment
concerned.
(vi) Notice of Days
Off - Except as provided in subclause (vii) of this clause, in cases where, by
virtue of the arrangement of the ordinary working hours an employee, in
accordance with paragraphs (c) and (d) of subclause (ii) of this clause, is
entitled to a day off during the work cycle, such employee shall be advised by
the employer at least four weeks in advance of the weekday the employee is to
take off.
(vii) Substitute Days
(a) An employer,
with the agreement of the majority of employees concerned, may substitute the
day an employee is to take off in accordance with subclause (ii) for another
day in the case of a breakdown in machinery or a failure or shortage of
electric power or to meet the requirements of the business in the event of rush
orders or some other emergency situation.
(b) An individual
employee, with the agreement of the employer, may substitute the day the
employee is to take off for another day.
11. MEAL BREAKS AND REST PERIODS
(i) A break for
meals shall be 45 minutes between the hours of 11.00 a.m. and 1.00 p.m.,
provided that the meal break may be reduced to 30 minutes or extended to 60
minutes by agreement between the shop delegates and employer.
(ii) No employee
shall be called upon to work in any meal hour unless by choice.
(iii) Any employee
called upon to work during a meal hour shall be paid time and one-half; such
time and a half shall continue until the employee has had a meal break.
(iv) On the giving
of adequate notice that a union meeting to discuss union business is to be
held, the employer shall arrange on the day, for all employees to have the same
meal time.
(v) An employee
shall not be required to work for more than five hours without a break for a
meal. Provided that:
(a) In cases where
canteen or other facilities are limited to the extent that meal breaks must be
staggered and as a result it is not practicable for all employees to take a
meal break within five hours an employee shall not be required to work for more
than six hours without a break for a meal; and
(b) By agreement
between an employer and the majority of employees in the plant, work section or
sections concerned, an employee or employees may be required to work in excess
of five hours but not more than six hours at ordinary rates of pay without a
meal break.
(vi) A rest period
of ten minutes between the hours of 9.30 a.m. and 10.30 a.m. or two periods of
five minutes both morning and afternoon shall be given to all employees between
the hours of 9.30 a.m. and 10.30 a.m. and 2.30 p.m. and 3.30 p.m. respectively. During such periods, employees may not leave
their departments. Such periods shall
be fixed by the employer concerned.
(vii) Boiling water
shall be supplied by the employer to the employees at recognised rest periods
and meal breaks.
12. OVERTIME
(i) For all work
done outside ordinary hours, the rates of pay shall be time and one-half for
the first two hours and double time thereafter, such double time to continue
until the completion of the overtime work.
For the purposes of this clause ordinary hours shall
mean the hours of work fixed in an establishment in accordance with clauses 9,
Hours of Work, 10, Implementation of 38-Hour Week.
(ii) In computing
overtime each day's work shall stand alone and any fraction of a half hour
worked shall be paid for as a half hour worked.
(iii) Any employee
required to work overtime for more than one and a half hours in any one day
without being notified the day before that the employee will be so required to
work, shall be paid a meal allowance as set out in Item 7 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates. Provided further that where an employee is required to continue
working for a further four hours after the payment of the first meal allowance,
a further meal allowance as set out in Item 8 of the said Table 2, shall be
paid.
(iv) If any
employee pursuant to notice under subclause (iii) of this clause has provided
him/herself with a meal and is not required to work overtime, such employee
shall be paid a meal allowance in lieu of cancelled overtime as set out in Item
9 of the said Table 2 for the meal so provided.
(v) For work done
outside ordinary hours piece work rates shall be increased by 50 per cent for
the first two hours of each period worked, and 100 per cent thereafter.
(vi) This clause shall
not apply to shift workers.
(vii) No employee
shall be compelled to work more than a reasonable amount of overtime and where
an employee is dissatisfied, the matter shall be taken up with the employer
concerned or referred to the Industrial Committee.
(viii) If the period
of overtime exceeds two hours, an employee before starting overtime after
working ordinary hours, shall be allowed a crib break of 20 minutes, which
shall be paid for at the ordinary time rate of pay. An employee may agree to any variation of this provision to meet
the circumstances of the work in hand, provided that the employer shall not be
required to make any payment for any time allowed in excess of 20 minutes.
(ix) An employee
recalled to work overtime after leaving employer's business premises (whether
notified before or after leaving the premises) shall be paid for a minimum of
four hours' work at overtime rates for each time the employee is so recalled;
provided that, except in unforeseen circumstances arising, the employee shall
not be required to work the full four hours if the job the employee is recalled
to perform is completed within a shorter period.
(x) An employee
who is required to be in readiness for recall, or who is not recalled, shall be
paid at the ordinary-time rate of pay for all time held in readiness.
(xi) When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least ten consecutive hours off duty between the work of
successive days.
(xii) An employee
(other than a casual employee) who works so much overtime between the
termination of ordinary work on one day and the commencement of ordinary work
on the next day that the employee has not had at least ten consecutive hours
off duty between those times, shall, subject to this subclause, be released
after completion of such overtime until the employee has had ten consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
(xiii) If on the
instructions of the employer, such an employee resumes or continues work
without having had such ten consecutive hours off duty, the employee shall be
paid at double rates until released from duty for such period and shall then be
entitled to be absent until the employee has had ten consecutive hours off duty
without loss of pay for ordinary working time occurring during such absence.
(xiv) The provisions
of this subclause shall apply in the case of shift workers as if eight hours
were substituted for ten hours when overtime is worked
(a) For the
purposes of changing shift rosters; or
(b) Where a shift
worker does not report for duty and a day worker or a shift worker is required
to replace such shift worker; or
(c) Where a shift
is worked by arrangement between the employees themselves.
13. SHIFT WORK
(i) Definitions:
For the purpose of this clause - "Afternoon shift" means any shift
finishing after 6.00 p.m. and or before midnight.
"Night shift" means any shift finishing
subsequent to midnight and at or before 8.00 a.m.; provided that the night
shift on a Friday shall mean a shift finishing subsequent to midnight and at or
before 7.00 a.m.
"Rostered shift" means a shift of which the
employee concerned has had at least 48 hours' notice.
"Seven-day shift work" means work carried on
with consecutive shifts through the 24 hours or each of the seven days of the
week without interruption except during breakdowns or meal periods or due to
unavoidable causes beyond the control of the employer.
(ii) Hours
(a) Subject to clauses
10, Implementation of 38 Hour-Week, the ordinary hours of work shall be an
average of 38 per week to be worked on one of the following bases:
(1) 38
hours within a period not exceeding seven consecutive days; or
(2) 76
hours within a period not exceeding 14 consecutive days; or
(3) 114
hours within a period not exceeding 21 consecutive days; or
(4) 152
hours within a period not exceeding 28 consecutive days.
Such hours to be worked between 11.00 p.m. on Sunday
and 8.00 a.m. on Saturday.
(iii) Such ordinary
hours shall be worked continuously except for a crib time of 20 minutes as near
to the middle of each shift as possible which shall be counted as time worked.
(iv) Except at
regular changeover of shifts an employee shall not be required to work more
than one shift in each 24 hours.
Hours - Seven-day Work Shifts
(a) Where a
majority of employees involved in shift work agree seven-day shift, work may be
worked as follows:
This subclause shall apply to seven-day shift workers
on continuous work as hereinbefore defined.
The ordinary hours of shift workers shall average 38 per week inclusive
of crib time and shall not exceed 152 hours in 28 consecutive days; provided
that, where the employer and the majority of employees concerned agree, a
roster system may operate on the basis that the weekly average of 38 ordinary
hours is achieved over a period which exceeds 28 consecutive days.
Subject to the following conditions, such shift workers
shall work at such times, as the employer requires:
(1) A shift shall
consist of not more than ten hours inclusive of crib time. Provided that in any arrangement of ordinary
working hours where the ordinary working hours are to exceed eight on any shift
the arrangement of hours shall be subject to the agreement of the employer and
the majority of employees concerned.
(2) Except at the
regular changeover of shifts, an employee shall not be required to work more
than one shift in each 24 hours.
(3) 20 minutes
shall be allowed to shift workers each shift for crib time which shall be
counted as time worked.
(b) The minimum
rate to be paid to any seven-day shift workers, as defined, for work performed:
(1) Between
midnight Friday and midnight Saturday shall be time and one-half;
(2) Between
midnight Saturday and midnight Sunday shall be double time;
(3) Between
midnight and midnight on a public holiday shall be double time. Such extra
rates payable shall be in substitution for and not cumulative upon the shift
premiums prescribed in this clause.
(v) Rosters
(a) Shift rosters
shall specify the commencing and finishing times of ordinary working hours of
the respective shifts.
(b) The method of
working shifts may in any case be varied by agreement between the employer and
the accredited representatives of the Union to suit the circumstances of one
establishment.
(c) The time of
commencing and finishing shifts once having been determined may be varied by
agreement between the employer and the accredited representative of the Union
to suit the circumstances of the establishment or, in the absence of agreement,
by seven days' notice of alternation given by the employer to the employees.
(vi) Afternoon or
Night Shift Allowance
(a) Shift workers,
while on afternoon or night shifts, shall be paid for such shifts 25 per cent
more than the ordinary rates.
(b) Shift workers
working on a Friday night shift shall be paid time and a half for the whole
shift if the majority of the ordinary shift hours fall after 12 midnight
Friday.
(c) Shift workers
on permanent night shift shall be paid for such shifts 30 per cent more than
the ordinary rates.
(vii) Overtime -
Shift workers for all time worked in excess of or outside the ordinary working
hours prescribed by this award or on a shift other than a rostered shift shall
be paid at the rate of time and a half for the first two hours and double time
thereafter except where the time is worked -
(a) by arrangement
between the employees themselves;
(b) on a shift to
which an employee is transferred on short notice as alternative to standing the
employee off in circumstances which would entitle an employer to deduct payment
for a day in accordance with subclause (iv), of clause 3, Contract of
Employment.
Any employee required to work overtime for more than
one and a half hours in any one shift without being notified the day before
that the employee shall be so required to work, shall be paid a meal allowance
as set out in Item 10 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates. Provided further that
where an employee is required to continue working for four hours after the
payment of the first meal allowance, a further allowance as set out in Item 10
of the said Table 2 shall be made.
If any employee pursuant to notice under this paragraph
has provided a meal and is not required to work overtime, such employee shall
be paid as set out in Item 10 of the said Table 2, for the meal so provided.
(viii) Sunday and
Holidays - Shift workers for all time worked on a Sunday or holiday shall be
paid at the rates prescribed by clauses 7, Sunday and Holiday Rates, and 18,
Holidays. Where shifts commence between
1.00 p.m. and midnight on a Sunday or holiday, the time so worked before
midnight shall not entitle the employee to the Sunday or holiday rate; provided
that the time worked by an employee on a shift commencing before midnight on
the day preceding a Sunday or holiday and extending into a Sunday or holiday
shall be regarded as time worked on such Sunday or holiday. Where shifts fall partly on a holiday, that
shift the major portion of which falls on a holiday shall be regarded as the
holiday shift.
(ix) Employees
deriving a benefit pursuant to the former subclause (vii) of this clause shall
not be cease to be entitled to that benefit as a result of the removal of the
provision from the award
(x) 12-Hour
Shiftwork - By agreement between an employer, the union and the majority of
employees in the plant, work section or sections concerned, ordinary hours not
exceeding 12 on any day may be worked subject to:
• the employer
and the employees concerned being guided by the occupational health and safety
provisions of the ACTU Code of Conduct on 12-Hour Shifts;
• proper health
and monitoring procedures being introduced;
• suitable
roster arrangements being made; and
• proper
supervision being provided.
14. SPECIAL RATES
In addition to the rates set out in Table 1 - Wages, of Part
B, Monetary Rates, persons engaged in handling hides or skins in chilling
stores and chambers in which temperatures are artificially reduced shall be paid
an amount per hour as set out in Item 11 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, for the time so employed.
15. WASHING TIME
All employees shall be allowed five minutes washing time, to
be counted as time worked.
16. TOOLS OF TRADE
AND DAMAGE TO CLOTHING
(i) The employer
shall provide all tools, leggings, gloves (rubber and other), aprons (rubber,
leather or cloth where suitable), respirators and other tools and implements of
trade necessarily required by an employee in the performance of duties.
(ii) Employees
working outdoors in the wet weather shall be provided with waterproof capes by
the employer, for use while so working.
(iii) Rubber knee
boots shall be provided by the employer on all work where necessarily required
on wet drum work.
(iv) In the event
of personal boots or clothing being damaged or destroyed by fire or corrosive
substance other than in the normal course of usage of such boots or clothing,
compensation to the extent of the damage sustained shall be made by the
employer.
17. FORMALDEHYDE
AND/OR CORROSIVE CHEMICALS
(i) Suitable
goggle protectors shall be provided by the employer, if requested for employees
using formaldehyde or breaking down sulphide.
(ii) Employees
required to use formaldehyde shall be supplied with half a pint of milk per
day, free of charge.
18. HOLIDAYS
(i) All employees
on weekly hire shall be entitled to the holidays hereinafter mentioned or any
day observed in lieu thereof without deduction of pay -
(a) New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, Labour Day, Christmas Day, Boxing Day, together with any
other holiday proclaimed for the district where the employee is employed, and
the Union Picnic Day; such Picnic Day to be held on the first Monday in August
of each year, or the Picnic Day shall be held on such other day as shall be
mutually agreed between a representative of the Union and the employer.
Anzac Day, when falling on a non-working day, shall be
observed as a paid holiday for the purposes of this award on the first
following Monday.
(b) Until an
additional public holiday is gazetted generally for the State, employees under
this award shall be entitled to an additional holiday on a day to be mutually
agreed upon between the employer and the majority of the employees covered by
this award.
(ii) Piece
workers shall be paid for such holidays even though not worked at the
appropriate piece work rate.
(iii) Where the
employee is absent from employment on the working day before or after a holiday
without reasonable excuse or without the employer's consent such employee shall
not be entitled to payment for such holiday; the amount to be deducted shall be
one-fifth of the appropriate weekly wage.
(iv) If the
engagement of any employee is terminated by the employer within 14 days
preceding any of the prescribed holidays, the holiday or holidays occurring
during such period shall be paid for unless the employee has started work with
another employer with the right of payment for the holiday or holidays.
(v) Subject to the
exceptions and reservations hereinafter provided an employee shall be entitled
to be absent from employment on any of the prescribed holidays hereinbefore
mentioned, or on any day observed in lieu thereof without loss of pay for such
holiday or holidays.
(vi) An employer
requesting an employee to work on any of the prescribed holidays hereinbefore
mentioned or on any day observed in lieu thereof shall give to such employee 14
days clear notice prior to such prescribed holiday or holidays of such
requirement to work.
(vii) An employee
who is requested to work on any of the prescribed holidays and to whom
notification as provided in subclause (vi) of this clause has not been given
shall be paid double time rates or rate of double time in addition to such
ordinary rate as such employee would have received had such employee not so
worked, and no employer shall compel any employee to work on Anzac Day.
(viii) An employee
who agrees to work on any of the prescribed holidays and who fails to attend
for such duty shall not be entitled to payment for such holiday or holidays as
the case may be providing such failure to attend for work is not due to illness
or accident as construed and applied by the provisions of clauses 19, Sick
Leave, and 34, Accident Pay.
(ix) In the case of
an employee whose ordinary hours of work are arranged in accordance with
paragraphs (a), (b), (c) and (d) of subclause (i) of clause 9, Hours of work,
the weekday to be taken off shall not coincide with a public holiday fixed in
accordance with paragraphs (a) and (b) of subclause (i) of this clause. Provided that, in the event that a public
holiday is prescribed after an employee has been given notice of their weekday
off in accordance with subclause (vii) of clause 10, Implementation of 38-Hour
Week, and the public holiday falls on the week day the employee is to take off,
the employer shall allow the employee to take the day off on an alternative
weekday.
19. SICK LEAVE
(i) An employee
on weekly hire absent through illness or accident shall not be entitled, during
the first year of service (whether in the employ of one employer or several,
except as hereinafter provided) to leave in excess of 38 hours of working time
which shall accrue on the basis of 3 1/6th hours per completed months of
service.
Sick leave shall not be paid during the first eight
weeks of employment. An employee, in
the second and subsequent years of service, shall be entitled to leave not in
excess of 61 hours working time. For
this purpose, a year shall commence from the individual employee's anniversary
of commencing employment.
(ii) An employee
on weekly hire before becoming entitled to sick pay shall, if required to do so
by the employer, produce a doctor's certificate or statutory declaration. This does not alter the right of an employer
to request an employee to furnish medical evidence for any sick leave absence.
(iii) An employee
shall not be entitled to sick leave unless the employee has been in the service
of the employer concerned for at least eight weeks immediately prior to such
absence.
(iv) Sick leave
shall accumulate from year to year so that any balance of the period specified
in subclause (i) of this clause which has, in any year, not been allowed to an
employee by an employer as paid sick leave, may be claimed by an employee and,
subject to the conditions hereinbefore prescribed, shall be allowed by that
employer in a subsequent year without diminution of any sick leave prescribed
in respect of that year.
(v) An employee,
before becoming entitled to sick leave, shall effect notification to the
employer of inability to attend for duty prior to commencement of the
employee's shift and/or day work and as far as practicable state the nature of
the illness or incapacity and the estimated duration of such absence.
(vi) An employee
may elect at the completion of each calendar year of employment to receive the
money value of all untaken leave that accrued during that calendar year;
provided that the employer must maintain an accumulation of leave equal to at
least three years' entitlement.
(vii) Where an
employee is sick or injured on the weekday to be taken off in accordance with
paragraphs (c) or (d) of subclause (ii) of clause 10, Implementation of 38-Hour
Week, the employee shall not be entitled to sick pay nor will sick pay
entitlement be reduced as a result of such sickness or injury that day.
(viii) Employees
claiming sick leave on the day before or the day after a rostered day off taken
in accordance with paragraphs (c) or (d) of subclause (ii) of the said clause
10, if requested by the employer, shall provide proof of illness or injury as
prescribed in subclause (ii) of this clause.
20. PERSONAL CARER’S LEAVE
1. Use of Sick
Leave
(a) An employee
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 19, Sick
Leave of this Award as varied, 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.
(b) 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 subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a defacto
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 defacto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the defacto 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 purposes of this
subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
2 Unpaid
Leave for Family Purposes
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (i) of paragraph (c) of subclause (1) who is ill.
3 Annual
Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holiday’s 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.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
inclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
4. Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within the 12
months of the said election.
(b) Overtime taken
as time off during ordinary hours shall be taken at the ordinary time rate,
that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
5. Make-up
Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee
may elect, with the consent of the employer, to work "make-up time"
(under which the employee takes time off ordinary hours and works those hours
at a later time), at the shift work rate which would have been applicable to
the hours taken off.
6. Rostered
Days Off
(a) An employee on
shift work may elect, with the consent of the employer, to take a rostered day
off at any time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
21. ANNUAL LEAVE
(i) Except as
hereinafter provided, a period of 28 consecutive days' leave with payment of
ordinary wages as prescribed, shall be allowed annually to an employee on
weekly hire by the employer after a period of 12 months' continuous service
with such employer.
(ii)
(a) The annual
leave prescribed by this clause shall be exclusive of any of the public
holidays prescribed by this award, if any such holiday falls within an
employee's period of annual leave, there shall be added to that period one day
for each such holiday falling as aforesaid.
(b) Where an
employee, without reasonable excuse, proof whereof shall lie upon the employee,
is absent from the employment on the working day or part of the working day
prior to the commencement of annual leave, or fails to resume work at the
ordinary starting time on the working day immediately following the last day of
the period of the annual leave, the employee shall not be entitled to payment
for the public holidays which fall within the period of the employee's annual
leave.
(iii) Notice of
Leave to be Given - At least six weeks' notice shall be given to an employee on
weekly hire as to when the employee is to commence leave and, if such notice be
withdrawn by an employer, the employee, if such leave is postponed, shall be
compensated by the employer for any reasonable out of pocket loss occasioned
thereby and, in the case of dispute, it shall be settled by the Industrial
Committee.
(iv) Time When
Leave to be Granted - Annual leave shall be given at a time fixed by the
employer within a period not exceeding three months from the date when the
right to annual leave accrued and after not less than six weeks' notice to the
employee.
(v) Leave to be
Given and Taken - The annual leave provided for by this clause shall be allowed
and shall be taken and, except as provided in subclause (viii) of this clause,
payments shall not be made or accepted in lieu of annual leave.
(vi) Payment of
Wages - An employee, before going on leave, shall be paid the amount of wages
the employee would have received in respect of ordinary time the employee would
have worked had the employee not been on leave during the relevant period.
For the
purpose of this subclause, wages to be received for annual leave shall be
calculated as follows:
(1) At the rate
applicable to the employee as prescribed by subclause (i) Weekly Employees,
subclause (iv), Junior Employees, subclause (vi), First-aid Attendant, of
clause 4, Wages and clause 8, Supported Wage, and
(2) At the rate
prescribed by clause 13, Shift Work, according to the roster or projected
roster; and
(3) At any
additional rate to which the employee is otherwise entitled in accordance with
the contract of employment for ordinary hours of work; provided that this
provision shall not operate so as to include any payment which is of a similar
nature to or is paid for the same reason as or is paid in lieu of these
payments prescribed by clauses 14, Special Rates, and 12, Overtime, nor any payment
which might have become payable to the employee as reimbursement for expenses
incurred.
(4) In the case of
an employee carrying out work under any scheme of payment by results, whether
in accordance with clause 27, Payment for Piece Work and Task Work, or
otherwise, at the rate which is the weekly average of payments made to the
employee under such scheme for the period actually worked by the employee
during ordinary hours during the last three - monthly period in respect of
which such payments have been calculated prior to the time of going on leave or
termination of employment as the case may be, or if the employee has worked
under such scheme for a lesser period immediately prior to going on leave, at
the rate which is the weekly average of payments made during such lesser
period.
(5) At the rate
payable pursuant to clause 6, Mixed Functions, calculated on a daily basis
which the employee would have received for ordinary time during the relevant
period whether on a shift roster or otherwise.
(vii) Loading on
Annual Leave - During a period of annual leave, an employee shall receive a
loading calculated on the rate of wage prescribed by subclause (vi), of this
clause.
The
loading shall be as follows:
(a) Day Workers -
An employee who would have worked on day work only had the employee not been on
leave - a loading of 17.5 per cent.
(b) Shift Workers
- An employee who would have worked on shift work had the employee not been on
leave - a loading of 17.5 per cent.
Provided that where the employee would have received
shift loadings prescribed by clause 13, Shift Work, had the employee not been
on leave during the relevant period and such loadings would have entitled the
employee to a greater amount than the loading of 17.5 per cent then the shift
loading shall be added to the rate of wage prescribed by subclause (vi), of
this clause, of the 17.5 per cent loading: Provided further that, if the shift
loadings would have entitled the employee to a lesser amount than the loading
of 17.5 per cent then such loading of 17.5 per cent shall be added to the rate
of wage prescribed by subclause (vi), of this clause, in lieu of the shift
loadings.
The loading prescribed in this subclause shall not
apply to proportionate leave on termination in the first 12 months of
employment.
(viii)
(a) An employer
may grant annual leave to an employee before the right thereto has accrued due,
but where leave is taken in such a case, a further period of annual leave shall
not commence to accrue until the expiration of the 12 months in respect of
which annual leave had been taken before it accrued.
(b) Where such
leave has been granted to an employee and the employee subsequently leaves or
is discharged from the service of the employer before completing the 12 months'
continuous service in respect of which the leave was granted, the employer may,
for each complete month of the qualifying period of 12 months not served by the
employee, deduct from whatever remuneration is payable upon the termination of
the employment, one-twelfth of the amount of wage paid on account of annual
leave which amount shall not include any sums paid for any of the holidays
prescribed in clause 18, Holidays: Provided that, in cases where such leave is
granted at the request of the employee, the employer may, when making payment
under subclause (vi), of this clause, withhold from the employee a sum equal to
one-twelfth of the amount payable under the said subclause for each complete
month of the qualifying period not served by the employee at the time of going
on such leave and retain such sum until the expiration of such qualifying
period.
(ix) Proportionate
Payment on Termination - If, after one month's continuous service in any
qualifying 12-month period, an employee lawfully leaves the employment, the employee
shall be paid in accordance with subclause (vi) of this clause, for 12.66 hours
at the same rate in respect of each completed month of continuous service, the
service being service in respect of which leave has not been granted in
accordance with this clause. Where the employment is terminated by the employer
(through no fault of the employee), the employee shall also be paid at the
ordinary rate of wage for any service of less than a completed month on the
basis of 2.923 hours for each 38 ordinary hours worked, in respect of which
leave has not been granted.
Provided further that the provision of subclause (vii)
will also apply to such employees and who have been employed for more than 12
months.
(x) Calculation
of Continuous Service:
(a) Continuity
of service shall be deemed to be continuous notwithstanding:
(1) Any
interruption or determination of the employment by the employer if such
interruption or determination has been made with the intention of avoiding
obligations hereunder in respect of annual leave;
(2) Any absence
from work of not more than 14 days in the 12 months on account of sickness or
accident (proof whereof shall be on the employee).
(3) Any absence on
account of leave granted, imposed or agreed by the employer; or
(4) An absence due
to reasonable cause (including absences on account of sickness or accident) of
more than 14 days (proof whereof shall be on the employee).
Provided that, in cases of personal sickness or
accident or absence with reasonable cause, the employee, to become entitled to
the benefit of this subclause shall, if practicable, inform the employer in
writing 24 hours after the commencement of such absence of an inability to
attend for duty and as far as practicable, the nature of the illness, injury or
cause and the estimated duration of the absence.
(5) Any absence of
worker's compensation.
(b) In calculating
a period of 12 months' continuous service:
(1) (A) Any
annual leave therein; and
(B) Any absence of
any kind mentioned in subparagraphs (1), (2) and (5) of paragraph (a) of this
subclause, counted as part of such period.
(C) In respect of
absences of the kind mentioned in subparagraphs (3) and (4) of paragraph (a) of
this subclause, the employee shall serve such additional period as part of the
qualification for annual leave as will equal the period of such absence.
(D)
(i) Any absence
from work by reason of any cause not being a cause specified in this subclause
shall not be deemed to break the continuity of service for the purposes of this
clause unless the employer, during the absence of within 14 days of the
termination of the absence, has notified the employee in writing that such
absence will be regarded as having broken the continuity of service.
(ii) Where an
employee has been absent from employment and the employer has notified the
employee that such absence is regarded as a break in the continuity of service,
the employee may, within 14 days of such notification from the employer, appeal
to the Industrial Committee against such notification of the employer.
(xi) Calculation of
Month - For the purpose of this clause a month shall be reckoned as commencing
with the beginning of the first day of employment or period of employment in
question and as ending at the beginning of the day which, in the latest month
in question, has the same date number which the commencing day had in its month
and, if there be no such day in such subsequent month, shall be reckoned as
ending at the end of such subsequent month.
(xii) Successor of
Assignee or Transmittee - Where the employer is a successor or assignee or
transmittee of a business, if an employee was in the employment of the
employer's predecessor at the time when he/she became such successor or
assignee or transmittee, the employee, in respect of the period during which
the employee was in the service of the predecessor, shall for the purpose of
this clause, be deemed to be in the service of the employer.
(xiii) Annual Close
Down - Where an employer closes down the plant or a section or sections thereof
for the purpose of allowing annual leave to all or the bulk of the employees in
the plant or section or sections, the following provisions shall apply:
(a) The employer
may, by giving not less than three months' notice of the employer's intention
to do so, close down the plant or section or sections thereof either for:
(1) one period of
28 consecutive days (exclusive of any public holidays prescribed by this award)
each year or;
(2) for two
separate periods each year (hereinafter referred to as the first or second
close down);
The first close down shall be of 21 consecutive days
(exclusive of any public holidays prescribed by this award);
(3) by agreement
with the majority of employees and the Union, two or three separate periods,
one of which shall be for 14 consecutive days (exclusive of public holidays)
and the rest to be taken either in one period or, if taken in two periods, they
are to be each of seven consecutive days.
In all circumstances the longest period of close down,
whether it be for 14, 21, or 28 days, shall commence in the month of December
each year with the balance to be taken during the year.
(b) Each employee
affected shall be credited with 12.66 hours pay for each completed month of
continuous service (in respect of which leave has not previously been granted)
during the 12 months ending on the day immediately preceding the re-opening of
the plant or section or sections thereof after each first close down.
(c) Except to the
extent than an employee has leave to his/her credit under the provisions of
paragraph (b) of this subclause at the date of the close down the employee
shall be stood off without pay during the period of any close down.
(d) Any employee
who, at the date of the first close down, has qualified for four full weeks'
leave and has also completed a further month or more or continuous service
shall also be paid 12.66 hours pay in respect of each completed month of
continuous service performed since the close of the employees last 12-monthly
qualifying period.
(e) The next
12-monthly period for each employee affected by such close downs shall commence
from the day on which the plant or section or sections concerned is re-opened
for work after the first close down. Provided that all time during which an
employee is stood off without pay for the purposes of this subclause shall be
deemed to be of service in the next 12- monthly qualifying period.
(f) If, in the
first year of service with an employer, an employee is allowed proportionate
annual leave under this subclause and, subsequently within such year lawfully
leaves the employment or the employment is terminated by the employer through
no fault of the employee, the employee shall be entitled to the benefit of
subclause (xi) of this clause subject to adjustment for any proportionate leave
which the employee may have been allowed as aforesaid.
(g) Any employee
who terminates the employment or is dismissed for any reason after the first
close down and before any balance of leave due at the date under paragraph (b)
of this subclause has been granted, shall be paid such balance on termination
or dismissal: Provided that nothing in this paragraph shall affect the
operation of this subclause in respect of service in the period following the
first close down.
(h)
(1) In addition to
the leave hereinbefore prescribed, seven-day shift workers, as defined, shall
be allowed seven consecutive days' leave including non-working days.
(2) Where an
employee with 12 months continuous service is engaged for part of the
20-monthly period as a seven- day shift worker, the employee shall be entitled
as prescribed in subclause (i) of this clause to increase pro rata for each
month continuously engaged as a seven-day shift worker.
22. PARENTAL LEAVE
Refer Industrial
Relations Act 1996.
23. LONG SERVICE
LEAVE
Refer Long Service
Leave Act 1955.
24. BEREAVEMENT
LEAVE
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, on each occasion of the death of a person as
prescribed by the said subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer, proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 20, Personal
Carer’s Leave of this Award provided that, for the purpose of bereavement
leave, the employee need not have been responsible for the are of the person
concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4) (5) and (6) of the said clause 20. In determining such a request
the employer will give consideration to the consideration to the circumstances
of the employee and the reasonable operational requirements of the business.
25. JURY SERVICE
An employee required to attend for jury service during
ordinary working hours shall be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of attendance for such jury
service and the amount of wage that would have been received in respect of the
ordinary time that would have been worked had such employee not been on jury
service.
An employee shall notify the employer as soon as possible of
the date upon which attendance is required for jury service. Further the
employee shall give the employer proof of attendance and the amount received in
respect of such injury service.
26. PAYMENT OF
WAGES
(i) Wages shall
be paid not later than Thursday in every week; furthermore, such wages shall be
paid at least 15 minutes prior to the normal ceasing time on such pay day. An
employee kept waiting after normal ceasing time for the payment of wages, shall
be paid for such time as overtime rates.
(ii) Not more than
two days' pay over and above that becoming due shall be kept in hand; provided
that where a holiday occurs on the pay day or the day following pay day, the
employee shall be paid on the day preceding the usual pay day, subject to any
overtime or incentive payment being carried forward to the next week.
(iii) Any employee
who has worked only a portion of a week and who is dismissed by the employer or
had left the employment after giving a week's notice by complying with clause
3, Contract of Employment, of this award, shall be paid on ceasing work for all
time worked during that week, less any deductions that the employer may be
lawfully entitled to make.
Provided that in the event of termination occurring
outside the establishments normal office hours, such wages shall be made
available no later than 10.00 am on the following day except that bonus and
payment relating to piecework shall be posted to the employee within 48 hours
of termination.
(iv) Each employer
shall, if deemed necessary, be entitled to retain in hand from each employee an
amount equal to two days' wages for each employee.
(v) On the pay day
the employer shall state in writing to each employee the amount of wages to
which the employee is entitled, the amount of deductions made there from, and
the net amount due being paid to the employee.
(vi) Any employee
shall be paid overtime rates for all time travelling when transferred from
point to point outside the regular working hours, together with travelling
expenses, or where such employee is called back from home to work outside
ordinary working hours.
(vii) Where an
employer and the majority of employees agree, wages may be paid by cheque or
bank deposit.
In any event after three months' notice from the
employer to the employees the employer may at the employer's discretion make
payment by cheque or direct bank deposit.
(viii) Wages shall
be paid as follows:
Employee
who actually works 38 ordinary hours each week:
(a) In the case of
an employee whose ordinary hours of work are arranged in accordance with Clause
10 of this Award so that the employee works 38 ordinary hours each week, wages
shall be paid weekly according to the actual ordinary hours worked each week.
Employee who works an average of 38 ordinary hours each
week
(b) Subject to
subclause (ix) and (x) hereof, in the case of an employee whose ordinary hours
of work are arranged in accordance with Clause 10 of this award, so that the
employee works an average of 38 ordinary hours each week during a particular
work cycle, wages shall be paid weekly according to a weekly average of
ordinary hours worked even though more or less than 38 ordinary hours may be
worked in any particular week of the work cycle.
SPECIAL
NOTE: Explanation of Averaging System:
As provided in this subclause, an employee whose
ordinary hours may be more or less than 38 in any particular week of a work
cycle is to be paid wages on the basis of an average of 38 ordinary hours so as
to avoid fluctuating wage payments each week.
An explanation of the averaging system of paying wages is set out below:
(a) Clause 10
Implementation of 38 Hour Week provides in paragraphs (ii)(c) and (d) that in
implementing a 38 hour week the ordinary hours of an employee may be arranged
so that the employee is entitled to a day off, on a fixed day or rostered day
basis, during each work cycle. It is in
these circumstances that the averaging system would apply.
(b) If the 38 hour
week is to be implemented so as to give an employee a day off in each work
cycle this would be achieved if, during a work cycle of 28 consecutive days
(that is, over four consecutive weeks) the employee's ordinary hours were
arranged on the basis that for three of the four weeks the employee worked 40
ordinary hours each week and in the fourth week the employee worked 32 ordinary
hours. That is, the employee would work
for 8 ordinary hours each day Monday to Friday inclusive for three weeks, and 8
ordinary hours on four week days only in the fourth week - a total of 19 days
during the work cycle.
(c) In such a case
the averaging system applies and the weekly wage rates for ordinary hours of
work applicable to the employee shall be the average weekly wage rates set out
for the employee's classification in Clause 4, Wages, of this Award, and shall
be paid each week even though more or less than 38 ordinary hours are worked
that week.
In effect, under the averaging system the employee
accrues a 'credit' each day the employee works actual ordinary hours in excess
of the daily average which would otherwise be 7 hours 36 minutes. This 'credit' is carried forward so that in
the week of the cycle that the employee works on only four days, the actual pay
would be for an average of 38 ordinary hours even though, that week, the
employee works a total of 32 ordinary hours.
Consequently, for each day an employee works 8 ordinary hours the
employee accrues a 'credit' of 24 minutes (0.4 hours). The maximum 'credit' the employee may accrue
under this system is 0.4 hours on 19 days; that is, a total of 7 hours 36
minutes.
(d) As provided in
subclause (a) of this clause, an employee will not accrue a 'credit' for each
day absent from duty other than on annual leave, long service leave, public
holidays, paid sick leave, workers' compensation, bereavement leave or jury
service. When an employee is absent
from duty because of annual leave, workers' compensation, bereavement leave or
jury service, the entitlement is determined in accordance with the appropriate
award provision dealing with such entitlements.
(ix) Absences
from Duty:
(a) An employee
whose ordinary hours are arranged in accordance with 10(ii)(c) and (d) of this
Award and who is paid wages in accordance with paragraph (viii)(b) hereof and
is absent from duty (other than on annual leave, long service leave, public
holidays, paid sick leave, workers' compensation, bereavement leave or jury
service) shall, for each day so absent, lose average pay for that day
calculated by dividing the average weekly wage rate by 5.
An employee who is so absent from duty for part of a
day shall lose average pay for each hour absent by dividing average daily pay
rate by 8.
(b) Provided, when
such an employee is absent from duty for a whole day the employee will not
accrue a 'credit' because the employee would not have worked ordinary hours
that day in excess of 7 hours 36 minutes for which the employee would otherwise
have been paid. Consequently, during
the week of the work cycle the employee is to work less than 38 ordinary hours
the employee will not be entitled to average pay for that week. In that week, the average pay will be
reduced by the amount of the 'credit' the employee does not accrue for each
whole day during the work cycle the employee is absent.
The amount by which an employee's average weekly pay
will be reduced when absent from duty (other than on annual leave, long service
leave, public holidays, paid sick leave, workers' compensation, bereavement
leave or jury service) is to be calculated as follows:
Total
of credits not accrued during cycle x average weekly pay
38
Examples:
(An employee's ordinary hours are arranged so that the
employee works 8 ordinary hours on five days of each week for 3 weeks and 8
ordinary hours on four days of the fourth week).
(1) Employee
takes one day off without authorisation in the first week of cycle.
Week of
Cycle Payment
1st week = average weekly pay less one day's pay (i.e. less 1/5th)
2nd and
3rd weeks = average weekly pay each week
4th week = average pay less credit not accrued on day of absence
= average pay less
0.4
hours x average weekly pay
38
(2) Employee
takes each of the 4 days off without authorisation in 4th week.
Week of
Cycle Payment
1st, 2nd
and 3rd weeks = average pay each week
4th week = average pay less 4/5ths of average pay
for the four days absent
less
total of credits not accrued that week
= 1/5 average pay less
4
x 0.4 hours (1.6 hours)
average
weekly pay
38
(x) Alternative
Methods of Payment
(a) Provided that
in the case of an employee who prior to 25 May 1989, was working less than 40
ordinary hours each week and who was paid by a method different from that
provided for in subclauses (vii) and (viii) hereof, such method may be
continued.
(b) Provided
further that, where the employer and the majority of employees concerned agree,
an alternative method of paying wages to that provided in subclauses (vii) and
(viii) hereof may be introduced.
(xi) Day Off
Coinciding with Pay Day
In the event that an employee by virtue of the
arrangement of the ordinary working hours, is to take a day off on a day which
coincides with pay day, such employee shall be paid no later than the working
day immediately following pay day.
Provided that, where the employer is able to make suitable arrangements,
wages may be paid on the working day preceding pay day.
27. PAYMENT FOR
PIECE WORK AND TASK WORK
Subject to the following provisions, piece work or any other
system of payment by results may be adopted by an employer as long as such
rates permit employees of average capacity to earn at least ten per cent in
addition to the total wages to which they are otherwise entitled under this
award.
(i) The piece
work rates now operating shall not be varied except in the manner hereinafter
provided.
(ii) Piece work
rates may be fixed or varied by factory boards consisting of two
representatives of any employer, one of the employees and one representative of
the Union. If any such board is unable to agree on any rate or rates proposed
by the employer, the matter in dispute shall be referred to the Chairman of the
Industrial Committee whose decision shall be final.
(iii) If the
employees of the factory or the Union fail to appoint representation to any
such board or fail to attend a meeting of such board called by the employer on
a date not less than seven days after the service of notice on the Secretary of
the Union, the employer may adopt such piece work rates which the employer
deems reasonable without the authority of a board.
28. Time and Wages
Records
Refer Industrial
Relations Act 1996
29. Right of Entry
of Union Officials
Refer Industrial
Relations Act 1996
30. BREACHES OF
THE AWARD
The registered officers of the Union or the Secretary or the
Organiser of any section of the Union shall have power to visit and inspect
departments in any establishment in which it is suspected that a breach of this
award has been or is being committed, and reasonable facilities shall be
granted for the purpose of investigating such supposed or alleged breach. Each
visit and inspection shall be carried out with as little interruption to the
work as possible.
The official or officials making such inspections shall be
entitled to take a copy of the entries in time and wages books relating to the
suspected breach of the award.
31. SHOP DELEGATES
AND NOTICE BOARD
(i) Shop
delegates in each workshop shall be allowed the necessary time during working
hours to interview the employer or representatives on matters affecting the
employees whom they represent.
(ii) Shop
delegates shall be allowed the maximum of one hour per week after pay day to
collect Union dues during working hours without deduction of pay. Such time
shall be fixed at a time most convenient to and at the employer's discretion.
(iii) Shop
delegates or Union representatives shall be granted every facility in carrying
out their duties. In shops where there are no shop delegates, the Union
Secretary or Union organiser shall act as shop delegate and shall have the
power to visit and enter such shop at any time for the purpose of collecting
dues and carrying out the duties of shop delegates.
(iv) An employer
shall provide notice boards in the establishment in the workroom of each
department, and the Union shall be permitted to post any notice thereof in
connection with meetings or other Union business which it may require to have
posted.
(v) Every employer
shall post and keep posted a copy of the award and variations thereof in a
place accessible to all employees.
32. UNION BUSINESS
Officers or members of the Union may leave their work to
attend to the business of the Union after at least three days' notice has been
given to the employer but without being paid while absent.
33. TRADE UNION
TRAINING LEAVE
A weekly employee nominated by the union shall be allowed
leave without loss of pay to attend trade union training courses conducted by
the relevant trade union authority subject to the following conditions:
(i) An accredited
union representative shall, upon application in writing from the union be
granted up to five days leave with pay each calendar year, non-cumulative to
attend trade union training courses.
The following scale shall apply:
No. of Weekly
Employees Covered by this Award
|
Max No. of
Employees Eligible to attend Per Year
|
Maximum No. of Days
Permitted
Per Year
|
5 - 15
|
1
|
5
|
16 - 30
|
2
|
10
|
31 - 50
|
3
|
15
|
51 - 100
|
4
|
20
|
101 and over
|
5
|
25
|
(a) This clause
shall not apply to employers who employ less than five employees unless
otherwise agreed between the employer and the union.
(b) Where the
employer has more than one establishment the calculation for the number of
employees engaged shall apply separately at each such establishment.
(ii) The
application for leave shall contain the following details:
(a) The period of
time for which leave is sought.
(b) The
description and content of the course (if available) to be attended and where
the course is to be conducted by the trade union training authority.
(c) Where
application is made for leave to attend a course not conducted but approved by
the Trade Union Training Authority, the employer and any employer's association
of which the employer is a member, shall be notified of the description and
content of the course.
(iii)
(a) The granting
of such leave shall be subject to the union giving not less than six weeks
notice in writing or such lesser period as may be agreed between the employer
and the union.
(b) An employee
who has completed six months service with the current employer (no lesser
period of service as may be agreed upon between the employer and the union)
shall be eligible for such leave.
(iv)
(a) The time of
taking such leave shall be arranged so as to minimise any adverse effect on the
employer's operation.
(b) An employer
shall not use this subclause to avoid its obligation under this clause.
(v) An employer
shall not be liable for any additional expenses associated with an employee's
attendance at a course other than the payment of ordinary time earnings for
such absence. For the purposes of this clause ordinary time earnings shall be
defined as the relevant award classification rate including supplementary
payment and shiftwork loadings where relevant plus overaward payment where
applicable.
(vi) Leave rights
granted in accordance with this clause will not result in an additional payment
or alternative time off to the extent that the course attended coincides with
an employee's day off in the 19-day month work cycle or with any other
professional leave.
(vii)
(a) An employer
may require an employee to provide proof of attendance at the course before
payment is made for the period of leave. Where an employee is sick during a
period when leave pursuant to this clause has been granted proof of attendance
at the course is not required for that period and the employee shall receive
payment where entitled under clause 19, Sick Leave.
(b) Leave
of absence granted pursuant to this clause shall count as service for all
purposes.
34. ACCIDENT PAY
(i) An employer
shall pay, and an employee shall be entitled to receive, accident pay in
accordance with this clause.
(ii) Definitions: For the purposes of this clause and subject
to the terms thereof, the words hereunder shall bear the respective definitions
set out hereunder -
(a) Workers' Compensation
Act:
The Workers' Compensation Act applicable in the State
of New South Wales (hereinafter referred to as the respective Act) means the Workers' Compensation Act, 1987 as
amended, from time to time.
(b) Injury:
For the purposes of this clause, injury shall be given
the same meaning and application as applying under the respective Act and no
injury occurring at the place of employment shall result in the application of
accident pay unless an entitlement exists under such respective Act.
(c) '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 respective Act, means a weekly payment
of an amount representing the difference between, on the one hand, the total
amount of compensation, including other allowances, paid to the employee during
incapacity pursuant to the respective Act for the week in question and, on the
other hand, the total weekly award rate and weekly overaward payment, if any,
being paid to such employee at the date of the injury giving rise to the said
payment of compensation, together with or less, as the case may be, any
variation in award rates which would
have been applicable to the classification of such employee for the week in
question if the employee had been performing normal duties providing that, in
making such calculation, any payment for overtime earnings, shift premiums,
attendance bonus, incentive earnings under any system of payment by results,
fares and travelling time allowances, penalty rates and any other ancillary
payments payable by the employer, shall not be taken into account.
(2) Partial
Incapacity: - In the case of an employee partially incapacitated within the
meaning of the respective Act, means a weekly payment of an amount representing
the difference between on the one hand, the total amount of compensation paid
to the employee during incapacity pursuant to the respective Act for the week
in question, together with the average weekly amount the employee is earning or
is able to earn in some suitable employment of business (as determined
expressly or by implication by the Workers' Compensation Commission or its
equivalent or as agreed between the parties) and, on the other hand, the total
weekly award rate and weekly overaward payment, if any, being paid to such
employee at the date of the injury giving rise to the said payment of
compensation together with or less, as the case may be, any variation in award
rates which would have been applicable to the classification of such employee
for the week in question if the employee had been performing normal duties
providing that, in making such calculations any payment for overtime earnings
shift premiums, attendance bonus, incentive earnings under any system of
payment by results, fares and travelling time allowances, penalty rates and any
ancillary payments by the employer, shall not be taken into account.
The total weekly award rate and weekly overaward
payment abovementioned shall be the same as that applying for a total
incapacity provided that, where an employee receives a weekly payment of
compensation under the respective Act and subsequently, such payment is reduced
pursuant to the said Act, such reduction shall not increase the liability of
the employer to increase the amount of accident pay in respect of that injury.
(3) Payment for
Part of a Week: - Where an employee receives accident pay and such pay is
payable for incapacity for part of a week, the amount shall be a direct
pro-rata.
(iii) 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 respective Act, be paid accident
pay by the employer who is liable to pay compensation under the respective Act,
which said liability by the employer for accident pay may be discharged by
another person on the employer's behalf, provided that:
(a) 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 respective Act. Provided that if an employee on partial
incapacity cannot obtain suitable employment from the employer but such
alternative employment is available with another employer, then the relevant
amount of accident pay shall be payable.
Provided further that in the case of the termination by
an employer of an employee who is incapacitated and who except for such
termination would have been entitled to accident pay, accident pay shall
continue to apply, subject to the provisions of this Award except in those
cases where -
(1) the
termination is due to serious and/or wilful misconduct on the part of the
employee; or
(2) arises from a
declaration of liquidation of the company in which the employee's entitlement
shall be determined by the appropriate legislation.
In order to qualify for the continuance of accident pay
on termination, an employee shall, if required, provide evidence to the
employer of the continuing payment of weekly workers' compensation payments.
(b) Accident pay
shall not apply to any incapacity occurring during the first four (4) weeks of
employment unless such incapacity continues beyond the first four (4) weeks and
then, subject to paragraph (c) of this subclause and to the maximum period of
payment prescribed elsewhere herein, accident pay shall only apply to the
period of incapacity after the first four (4) weeks.
(c) Accident pay
shall not apply in respect of any injury during the first five (5) normal
working days of incapacity.
(d) An employee on
engagement may be required to declare all workers' compensation claims made in
the previous five (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 entitlement to accident pay under this award.
(iv) Maximum Period
of Payment: The maximum period or
aggregate of periods of accident pay to be made by an employer shall be at
total of thirty nine (39) weeks for one (1) injury as defined in paragraph (b)
of subclause (ii) of this clause.
(v) Absence on
Other Paid Leave: An employee shall not
be entitled to the payment of accident pay in respect of any period of paid
annual leave, or long service leave, or for any paid public holiday in
accordance with the appropriate award provisions.
(vi) Notice of
Injury: An employee, upon receiving an
injury for which he claims to be entitled to receive accident pay, shall give
notice in writing of the said injury to the employer, and of its manner of
happening as soon as practicable after the happening thereof, and shall
provide, in writing, all other information as the employer may reasonably
require.
(vii) Furnishing of
Evidence: An employee who has suffered
injury for which the employee is receiving payment or payments for incapacity
in accordance with the provisions of the respective Act shall furnish evidence
to the employer from time to time as required by the employer of such payment
and compliance with this obligation shall be a condition precedent to any
entitlement under this clause.
Any employee who is receiving or who has received
accident pay in respect of any injury shall, if required by the employer or
other person on the employer's behalf, authorise the employer to obtain any
information required by such employer concerning such injury or compensation
payable in respect thereof from the insurance company that is liable to pay
compensation to such employee pursuant to the respective Act.
(viii) Medical
Examination: Nothing in this clause
shall in any way be taken as restricting or removing the employer's rights
under the respective Act to require the employee to submit to such examination
by a legally qualified medical practitioner, provided and paid by the employer,
and if the employee refuses to submit to such examination or in any way
obstructs the same, the employee's rights to receive or continue to receive
accident pay shall be suspended in like manner as the right to compensation is
suspended pursuant to the respective Act until such examination has taken
place.
Where in accordance with the respective Act, a medical
referee gives a certificate as to the condition of the employee and 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 the work, accident pay shall cease from the date of such refusal or
failure to commence the work.
Where an employer is unable to provide work of the
nature stipulated by the medical referee, an employee shall take all reasonable
steps to obtain such work with another employer and in the event of the
employee's failure to do so, payment of accident pay shall cease.
(ix) Where there is
redemption of weekly compensation payments by the payment under the respective
Act of a lump sum, the employer's liability to pay accident pay shall cease as
from the date of such redemption.
(x) Civil
Damages Claim:
(a) An employee
receiving or who has received accident pay shall advise the employer of any
action the employee may institute or any claim the employee may make for
damages. Further, the employee shall, if required, authorise such employer to
obtain information as to the progress of such action or claim from the
employee's solicitors and shall, if required, provide an authority to the
employer entitling the employer to a charge upon any money payable pursuant to
any verdict or settlement on that injury.
(b) Where an
employee obtains a verdict for damages against the employer or is paid an
amount of money in settlement of any claim for damages that the employee has
made against the employer in respect of any 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, immediately upon
payment of such verdict or amount in settlement, shall pay to the employer any
amount of accident pay already received in respect of that injury by which the
verdict has not been so reduced.
(c) Where an
employee obtains a verdict for damages against a person other than the
employer, or is paid an amount of money in settlement of any claim for damages
that has been made against such person 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 the employer any amount of accident pay already received in respect of
that injury by which the verdict has not been so reduced.
(xi) Insurance
Against Liability: Nothing in this
clause shall require an employer to insure against liability for accident pay,
nor shall it affect the right of an employer to terminate the employment of the
employee.
(xii) Variation in
Compensation Rates: Any changes in
compensation rates under the respective Act shall not increase the amount of
accident pay above the amount that would have been payable had the rates of
compensation remained unchanged.
(xiii) Death of
Employee: All rights to accident pay
shall cease on the death of an employee.
(xiv) Disputes: In the event of any dispute arising as to
the entitlement of an employee to payment of accident pay in accordance with
the provisions of this award, the matter shall, if any party to this award so
requires, be referred to the Industrial Committee.
(xv) Safety
Regulations: Without prejudice to the
terms of this clause, the Union shall use its best endeavours to have its
members carry out all statutory and other regulations applicable to the
employment of such members and to further carry out any orders relating to the
preservations of safety given by or on behalf of any employer of its members.
(xvi) This clause
shall apply in respect of incapacity resulting from injury where such
incapacity and injury causing such incapacity as aforesaid occurred on or after
1 March 1973.
35. REDUNDANCY
(i) Application
(a) This clause
shall apply in respect of full-time and part-time employees employed in the
classifications specified by this award.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such step as may be reasonable to facilitate the obtaining by the employees
of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(ii) Introduction
of Change
(a) Employer's
Duty to Notify
(1) Where an
employer has made a definite decision to introduce major changes in production,
programme, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(2) Significant
effects include termination of employment, major changes in the composition,
operation or size of the employer's workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alternation of hours of work, the need for retraining or transfer
of employees to other work or locations and the restructuring of jobs.
Provided that where this award makes provision for
alternation of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(b) Employer's
Duty to Discuss Change
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (a) of
this subclause, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in paragraph (a) of this
subclause.
(3) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees;
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iii) Redundancy
(a) Discussions
Before Terminations
(1) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to paragraph (a)
of subclause (ii), Introduction of Change, and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subparagraph (1) of
this paragraph and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(3) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations, including the reasons for the
proposed termination, the number and categories of employees likely to be
affected and the number of workers normally employed and the period over which
the terminations are likely to be carried out. Provided that any employer shall
not be required to disclose confidential information the disclosure of which
would adversely affect the employer.
(iv) Termination
of Employment
(a) Notice for
Changes in Production, Programme, Organisation or Structure - This paragraph
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, programme, organisation or structure in
accordance with paragraph (a) of subclause (ii) of this clause.
(1) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
Period of continuous service
|
Period of notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years continuous service, shall be entitled
to an additional week's notice.
(3) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(b) Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from technology in
accordance with paragraph (a) of subclause (ii) of this clause:
(1) In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
(2) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(c) Time off
During the Notice Period
(1) During the
period of notice of termination given by the employer an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(d) Employee
Leaving During the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled to
payment in lieu of notice.
(e) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(f) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify the Centrelink thereof as soon as possible, giving
relevant information, including the number and categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
(g) Centrelink
Employment Separation Certificate - The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an Employment Separation Certificate in the form required by the
Centrelink.
(h) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in subparagraph (1) of paragraph (a) of subclause (ii),
Introduction of Change, of this clause, the employee shall be entitled to the
same period of notice of transfer as the employee would have been entitled to
if the employee's employment had been terminated and the employer may, at the
employer's option, make payment in lieu thereof of an amount equal to the
difference between the former ordinary-time rate of pay and the new
ordinary-time rates for the number of weeks of notice still owing.
(iv) Severance
Pay
(a) Where an
employee is to be terminated pursuant to subclause (iv) of this clause, subject
to further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the following severance pay in respect of a continuous
period of service:
(1) if an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of service
|
Under 45 years of
age entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(2) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of service
|
45 years of age and
over entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
"Week's Pay" means the all-purpose rate of
pay for the employee concerned at the date of termination and shall include, in
addition to the ordinary rate of pay, overaward payments, shift penalties and
allowances paid in accordance with this award
(b) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) of this
subclause. The Commission shall have regard to such financial and other
resources of the employer concerned as the Commission thinks relevant and the
probable effect paying the amount of severance pay in the said paragraph (a)
will have on the employer.
(c) Alternative
Employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in the said paragraph (a) if the employer obtains
acceptable alternative employment for an employee.
(v) Procedures
Relating to Grievances - Grievances relating to individual employees will be
dealt with in accordance with clause 37, Disputes Resolution.
36. SUPERANNUATION
The subject of superannuation is dealt with extensively by
federal legislation including the Superannuation Guarantee (Administration) Act
1992, the Superannuation Guarantee Charge
Act 1992, the Superannuation Industry
(Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the
superannuation rights and obligations of the parties.
A DEFINITIONS
In this award, unless the contrary intention appears:
(i) 'The Fund'
shall mean the Australian Retirement Fund (ARF), established and governed by a
Declaration of Trust dated 11 July 1986 as amended from time to time.
(ii) 'The Union'
shall mean The Australian Liquor, Hospitality and Miscellaneous Workers Union,
New South Wales Branch.
(iii) 'Ordinary
Pay' shall include the classification rates, overaward payments and shift
loadings.
(iv) 'Employee'
means an employee other than an employee specifically told on engagement that
the employee is to be employed as a casual.
B ELIGIBILITY
OF EMPLOYEES
An employee shall be eligible for membership of the
Fund on the first day of the calendar month following completion of two
calendar months' employment.
C ELIGIBILITY
OF EMPLOYERS
Employers bound by this Award shall become parties to
the Fund upon the acceptance by the Trustee of the Fund of an application to
become a participating employer of the Fund, duly signed by the employer and
the Trustee.
D CONTRIBUTIONS
(i) On behalf of
each employee member of the Fund each employer shall pay to the Trustee of the
Fund contributions as specified in Item 12 of Table 2 Other Rates and
Allowances of Part B, Monetary Rates.
(ii) Contributions
shall be made in respect of each completed week of service for which an
employee is a member of the Fund.
(iii) Upon an
employee being admitted as a member of the Fund the employer shall pay to the
Trustee of the Fund appropriate contributions for the previous calendar month.
(iv) A pro rata
deduction shall be made from the weekly contribution for each complete day an
employee is absent from work without authorisation or on unpaid leave.
(v) The obligation
of the employer to contribute to the Fund in respect of an employee shall cease
on the last full week of such employee's employment with the employer.
37. GRIEVANCE AND
DISPUTES PROCEDURE
Subject to the provisions of the Industrial Relations Act 1996, as amended, any dispute or claim or
grievance arising out of the operation of this award, shall be dealt with in
the following manner:
(i) The matter
shall be submitted by the shop steward or Union representative to the plant
manager or other appropriate officer of the Company or by the Company officer
to the Union representative where appropriate.
(ii) If not
settled, the matter will be formally submitted by the State Secretary or other
appropriate official of the Union to the employer concerned.
(iii) If the matter
is still not settled it shall be submitted to the Industrial Relations
Commission of New South Wales for a decision and such decision, subject to the
parties' right of appeal, shall be accepted.
(iv) Until the
matter is determined in accordance with the above procedure, work shall
continue normally at the instruction of the employer concerned, unless danger
is alleged to be involved, in which case work shall not proceed until the
alleged danger is removed or a decision is given on the matter.
(v) No party shall
be prejudiced as to final settlement by the continuance of work in accordance
with this clause.
38 ANTI
DISCRIMINATION
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Anti-Discrimination Act
1977 provides:
"Nothing in 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."
39. BASIS OF AWARD
AND LEAVE RESERVED TO APPLY
(i) In order to
maintain complete uniformity in the industry this award is based on the current
award of the Australian Industrial Relations Commission known as the 'Tanning
Industry Award, 1999'.
(ii) Leave is
reserved to the parties to apply at any time for variation of this award in
order to make the rates and conditions of work uniform with the said award of
the Australian Industrial Relations Commission so that the uniformity in the
industry dealt with by this award may be maintained.
40. AREA,
INCIDENCE AND DURATION
This award rescinds and replaces the Tanning Industry
(State) Award published 28 April 1995 (285 IG 604) and all variations thereof.
It shall apply to all classes of persons provided for herein
within the jurisdiction of the Tanners, &c. (State) Conciliation Committee.
The changes made to the award pursuant to the Award Review
pursuant to section 19 (6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of the New South Wales on 18
December 1998 (308 IG 307) take effect on and from 8 August 2001.
The award published 28April 1995 took effect from the
beginning of the first pay period to commence on or after 29 November 1994.
This award remains in force until varied or rescinded for
the period for which it was made already having expired.
PART B
MONETARY RATES
Table 1 - Wages
Classification
|
Former Rate per
Week
$
|
3rd ASNA eff fpp
25.1196
|
SWC August 1997 eff
25.8.97
|
Total Wage per Week
$
|
Group 1
|
341.40
|
8.00
|
10.00
|
359.40
|
Group 2
|
358.10
|
8.00
|
10.00
|
376.10
|
Group 3
|
380.60
|
8.00
|
10.00
|
398.60
|
Group 4
|
401.50
|
8.00
|
10.00
|
419.50
|
Group 5
|
433.20
|
8.00
|
10.00
|
451.20
|
Table 2 - Other Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount $
|
1
|
4(ii)
|
Industry Allowance
|
15.80 per week
|
2
|
4(vii)
|
Leading hands in charge of 3-10 employees
|
16.80 per week
|
3
|
4(vii)
|
Leading hands in charge of 10-20 employees
|
25.50 per week
|
4
|
4(vii)
|
Leading hands in charge of more than 20 employees
|
32.50 per week
|
5
|
4(viii)
|
First-aid Attendance
|
8.25 per week
|
6
|
6(iii)
|
Fork Lift Allowance
|
0.38 per hour
|
7
|
12(iii)
|
Meal Allowance - 1st Meal
|
7.50
|
8
|
12(iii)
|
Meal Allowance - 2nd Meal
|
7.50
|
9
|
12(iv)
|
Meal Allowance - cancellation of overtime
|
7.50
|
10
|
13(vii)
|
Meal Allowance - shift workers
|
7.50
|
11
|
14
|
Special Rates
|
0.38 per hour
|
12
|
36(D)
|
Superannuation Contributions
Minimum per week
|
12.75 per week
|
Tanners, &C. (State) Industrial Committee
Industries and Callings
All persons employed in or in connection with the industries
of tanning and leather dressing, of the handling, bagging or grinding of bark
of the manufacture of bark and other tanning extracts, and of the washing or
treatment of animal hair with tanning, dyeing or other treatment of furs and
other skins, in the State, excluding the County of Yancowinna;
Excepting -
Employees within the jurisdiction of the Forestry Employees
(State) Industrial Committee.
B. W. O'NEILL,
Commissioner
____________________
Printed by the authority of the Industrial Registrar.