PRINTING INDUSTRIES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4543 of 2004)

 

 

REVIEWED AWARD

 

1.          Delete the Arrangement of the award published 9 November 2001 (329 I.G. 391) and insert in lieu thereof the following:

 

PART A

 

Clause No       Subject Matter

 

1.         Definitions

2.         Anti-Discrimination

3.         Contract of Employment

4.         Termination of Employment

5.         Trade Union Training Leave

6.         Redundancy

7.         Rationing of Work Prohibited

8.         Casual Employees

9.         Part-time Workers

10.       Payment of Wages and Pay Day

11.       Hours of Work

12.       Shift Work

13.       Overtime

14.       Stand By For Work

15.       Call Back

16.       Employee Missing Usual Conveyance

17.       Meal Period

18.       Holidays and Leave

19.       Annual Leave

20.       Sick Leave

21.       Personal Carer's Leave

22.       Bereavement Leave

23.       Parental Leave

24.       Long Service Leave

25.       Jury Service

26.       Accident Pay

27.       Proof Reading

28.       Gluing Machines

29.       Restrictions on Taking Work Off Employer's Premises

30.       Letting and Hiring of Premises or Plant

31.       Letterpress and Lithographic Printing Conditions

32.       Piece Work

33.       Mixed Functions

34.       Limitation of Employment of Juniors

35.       Health Notices and Provisions

36.       Protective Clothing and Changing Rooms

37.       Employer to Provide Facilities

38.       First Aid

39.       Guillotine Machine Work

40.       Bronzing or Dusting Off

41.       Right of Entry

42.       Union Delegate

43.       Posting of Union Notices

44.       Production

45.       Exemption

46.       Superannuation

47.       Training Wage

48.       Dispute Settlement Procedure

49.       Area, Incidence and Duration

 

Schedule A - Machine Composition

Schedule B - vacant

Schedule C - Guidelines Maximum Plant

Capacity Utilisation/Continuous Machine Operation

Appendix A - Industries and Callings

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

Table 2 - Other Rates and Allowances

 

2.          Delete clause 1, Definitions, and insert in lieu thereof the following:

 

1.  Definitions

 

(a)        "Art and/or designing" (including commercial art) howsoever described:

 

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

 

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

 

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

 

(c)        "Corrugated and Solid Fibreboard Containers"

 

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

 

(ii)

 

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

 

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

 

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

 

(iv)

 

(1)        "Machinist" means, without limiting the generality of that term, the person who, under the direction of the employer, is in charge of and responsible for the safety of those under the employee's control, the efficient operation, care and cleanliness of the equipment and its immediately surrounding areas, the behaviour of the crew (if any) and the setting up, maintenance of quality and output of the machine in accordance with the standards set by the employer.

 

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

 

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

 

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

 

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

 

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

 

(viii)     "Storeperson" is an employee in a store whose duties include receiving and/or storing away and/or issuing goods and materials used in connection with the manufacture of corrugated and/or solid fibreboard and/or goods made therefrom, not being the labouring aspects only of such functions; in addition, they may be required to keep appropriate records.  There shall be at least one employee in each store who is classified as a storeperson.

 

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

 

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

 

(f)         "Flexible Packaging Printing"

 

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

 

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

 

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

 

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

 

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

 

(g)        Graphic Reproduction

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(j)         "Non-apprenticed junior" shall mean and refer to:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(l)         "Printing Machining"

 

(i)

 

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

 

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

 

(A)       letterpress and/or lithographic printing; or

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

3.          Delete the word "hereof" appearing in subclause (e) of clause 4, Termination of Employment, and subclause (a) of clause 5, Trade Union Training Leave.

 

4.          Delete the words "by Industrial" appearing in paragraph (f)(iii) of the said clause 4.

 

5.          Delete subclauses (a), (b) and (c) of clause 9, Part-time Workers, and insert in lieu thereof the following:

 

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

 

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

 

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

 

6.          Delete subclause (a) of clause 10, Payment of Wages and Pay Day, and insert in lieu thereof the following:

 

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

 

7.          Delete the word "male" appearing in paragraph (a)(iii) of clause 11, Hours of Work.

 

8.          Delete subclause (a) of clause 12, Shift Work, and insert in lieu thereof the following:

 

(a)        Definitions

 

For the purposes of this clause:

 

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

 

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

 

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

 

"Night Shift" means -

 

(i)         any shift finishing subsequent to midnight and at or before 6:00 a.m. for non-continuous shift workers; and

 

(ii)        any shift finishing subsequent to midnight and at or before 8:00 a.m. for continuous shift workers.

 

9.          Delete the word "therefor" appearing in the heading of subclause (b) of clause 13, Overtime.

 

10.        Delete the words "the said" appearing in paragraph (f) (iii) of the said clause 13.

 

11.        Delete paragraph (g)(iii) of the said clause 13 and insert in lieu thereof the following:

 

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

 

12.        Delete the words "Eight Hour (or Labour)" appearing in paragraph (b)(i) of clause 18, Holidays and Leave, and insert in lieu thereof the following:

 

Labour

 

13.        Delete the words "as aforesaid" appearing in subparagraph (b)(i)(3) of the said clause 18.

 

14.        Renumber paragraphs (h)(iv) and (h)(v) of the said clause 18 to read as paragraphs (h)(i) and (h)(ii).

 

15.        Delete paragraph (a)(iv) of clause 19, Annual Leave, and insert in lieu thereof the following:

 

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

16.        Delete the introductory paragraph of paragraph (a)(xii) of the said clause 19 and insert in lieu thereof the following:

 

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

 

17.        Delete the word "his" appearing in paragraph (b)(i) of the said clause 19 and insert in lieu thereof the following:

 

the employee's

 

18.        Delete the word "thereof" appearing in subclause (c) of the said clause 19 and insert in lieu thereof the following:

 

of the plant

 

19.        Delete the word "has" appearing in paragraph (c)(ii) of the said clause 19 and insert in lieu thereof the following:

 

have

 

20.        Delete paragraph (d)(iv) of the said clause 19 and insert in lieu thereof the following:

 

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

 

21.        Delete the word "herein" appearing in subclause (a) of clause 20, Sick Leave, and insert in lieu thereof the following:

 

in this clause

 

22.        Delete the word "hereto" appearing in subclause (c) of the said clause 20 and insert in lieu thereof the following:

 

to this clause

 

23.        Delete subclause (e) of clause 22, Bereavement Leave, and insert in lieu thereof the following:

 

(e)        Bereavement leave may be taken in conjunction with other leave available under subclauses (b), (c), (d) and (e) of clause 21.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

24.        Delete the words "hereunder shall bear the respective definitions set out herein" appearing in subclause (a) of clause 26, Accident Pay, and insert in lieu thereof the following:

 

in this clause shall bear the respective definitions

 

25.        Delete subparagraph (b)(i)(3) of the said clause 26 and insert in lieu thereof the following:

 

(3)        the period specified in subclause (c) of this clause.

 

26.        Delete the word "tradesman's" appearing in clause 28, Gluing Machines, and insert in lieu thereof the following:

 

tradesperson's

 

27.        Delete paragraph (c)(ii) of clause 32, Piece Work, and insert in lieu thereof the following:

 

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

 

28.        Delete the word "prescribed" appearing in subparagraph (d)(ii)(2) of the said clause 32.

 

29.        Delete the words "stipulated herein" appearing in subclause (f) of the said clause 32.

 

30.        Delete the word "herein" appearing in subclause (o) of the said clause 32.

 

31.        Delete the words "the foregoing paragraph" appearing in paragraph (q)(ii) of the said clause 32 and insert in lieu thereof the following:

 

paragraph (i) of this subclause

 

32.        Delete the reference to paragraph (1) of subclause (c) of clause 1, Definitions, in paragraph (g)(iii) of clause 34, Limitation of Employment of Juniors, and insert in lieu thereof the following:

 

paragraph (a)(1) of clause 1, Definitions

 

33.        Delete subclause (c) of clause 37, Employer to Provide Facilities, and insert in lieu thereof the following:

 

(c)        Washing Facilities

 

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

 

34.        Delete the words "for females" appearing in paragraph (d)(ii) of the said clause 37.

 

35.        Delete paragraph (b)(iii) of clause 38, First Aid, and insert in lieu thereof the following:

 

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

 

36.        Delete clause 40, Platen Machines Used for Carton Cutting, and renumber the following clauses accordingly.

 

37.        Delete the third last paragraph of clause 49, Area, Incidence and Duration, and insert in lieu thereof the following:

 

The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 9 November 2004.

 

 

 

J. P. GRAYSON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.