Margarine
Makers (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1543 of 2007)
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Before Commissioner
Bishop
|
5 February 2008
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PART A
Clause No. Subject Matter
1. Hours
2. Rates of
Pay
3. Casual
Labour
3A. Secure
Employment
4. Mixed
Functions
5. Overtime
6. Meal
Breaks
7. Meal
Allowances
8. Sunday
and Holiday Rates
9. Recall
10. Holidays
11. Sick Leave
12. Bereavement
Leave
13. Jury
Service
14. Annual
Leave
15. Long
Service Leave
16. Payment of
Wages
17. Termination
of Employment
18. Redundancy
19. First-aid
and Safety
20. Personal/Carer's
Leave
20A. Parental
Leave
21. Rest
Periods
22. Amenities
23. Protective
Clothing
24. Superannuation
25. Grievance
Procedure
26. Anti
Discrimination
26A. Deduction of
Union Membership Fees
26B. Traineeships
27. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
1. Hours
(i) The ordinary
hours of work prescribed herein shall not exceed 12 on any one day; provided
that in any arrangement of ordinary working hours where the ordinary working
hours are to exceed eight on any day, the arrangement of hours shall be subject
to agreement between the employer, each individual employee and/or the majority
of employees in the plant or work section or sections concerned.
(ii) The ordinary
hours of work, exclusive of meal times, shall be an average of 38 per week,
Monday to Friday, worked as follows:
(a) The hours to
be worked will be between the span of hours 6.00 a.m. to 6.00 p.m.
(b) Once having
been fixed, the time for commencing and finishing work shall not be altered
without at least seven days' notice to the employees concerned or by mutual
agreement between the employer and such employees. Where the majority of the employees and the employer so agree,
the starting time may be varied to an earlier time.
(c) The daily
hours prescribed by paragraph (a) of this subclause may be altered by any
employer with the consent of The Australian Workers' Union, New South Wales.
(iii) Except as
provided in subclauses (v) and (vi) of this clause, the 38-hour average week
may be implemented in any one of the following ways:
(a) by employees
working less than eight ordinary hours each day;
(b) by employees
working less than eight ordinary hours on one or more days each week;
(c) by fixing one
weekday on which all employees will be off during a particular work cycle; or
(d) by rostering
the employees off on various days of the week during a particular work cycle so
that each employee has one weekday off during that cycle.
(iv) The method of
working a 38-hour average week shall be at the discretion of the employer, who
shall nominate which method prescribed in subclause (iii) of this clause shall
apply. However the employer shall not
subsequently alter the method of implementation without advising the employee
subject to the alteration at least seven days in advance of the date on which
the altered method of implementation is to take effect.
(v) Subject to the
provisions of subclauses (i) and (ix) of this clause, should the employer and
the majority of employees in any establishment agree, the ordinary working
hours may exceed eight on any day to enable a weekday off to be taken more
frequently than would otherwise apply.
(vi) Different
methods of implementation of a 38-hour week may apply to various groups or
sections of employees in the plant or establishment concerned.
(vii) Except as
provided in subclause (viii) of this clause, in cases where an employee, in
accordance with paragraphs (c) and (d) of subclause (iii) of this clause, is
entitled to a day off during the employee’s work cycle, such employee shall be
advised by the employer at least four weeks in advance of the weekday to be
taken off.
(viii)
(a) An employer,
with the agreement of the majority of employees in any establishment, may
substitute the day an employee is to take off in accordance with paragraphs (c)
and (d) of subclause (iii) hereof for another day in the case of a breakdown in
machinery, a failure or shortage of electric power to meet the requirements of
the business, in the event of rush orders, or some other emergency situation.
(b) An employee
who is required by the employer to work on the scheduled day off in
circumstances other than those in paragraph (a) of this subclause shall be paid
overtime rates or be granted an alternative day off. Such choice shall be at the option of the employee.
(c) An individual
employee, with the agreement of the employer, may substitute the day to be
taken off for another day.
(d) An employer
may hold up to a maximum of five days accrued in accordance with paragraphs (c)
and (d) of subclause (iii) of this clause. The accrued days are to be taken at
a time mutually agreed between the employer and the employee.
(ix) Shift Work-
(a) Definitions
"Afternoon Shift" means any shift finishing
after 6.00 pm and at or before midnight.
"Night Shift" means any shift finishing
subsequent to midnight and at or before 8.00 am.
"Rotating Shifts" means a rostering system
whereby shifts change from week to week.
(b) The ordinary
hours of shift workers shall be fixed by mutual agreement between the employer
and the employee concerned, but shall not exceed 76 hours in any period of two
consecutive weeks, or 114 hours in any period of three consecutive weeks, or
152 hours in any period of four consecutive weeks.
(c) Where the
employees are working shift work, the ordinary working hours on any shift shall
not exceed eight.
(d) The shift
system shall provide for rotating shifts.
(e) Shift workers
shall be allowed a break of at least 20 minutes for the purposes of a crib,
such time to be counted as time worked, but the crib time shall be taken in
such a way so as not to interfere with work being carried on.
2. Rates of Pay
(i) Adult
Employees - For work done during ordinary hours, an adult employee shall
receive a base rate of pay assigned to the particular classification as set out
in Table 1 - Rates of Pay, of Part B, Monetary Rates.
An employee’s total rate of pay is inclusive of the
rate of pay as set out in the said Table 1 and any applicable allowance as set
out in Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(ii) Junior
employees - The minimum rates of pay for junior employees shall be:
Percentage of the total wage
for "all others" in Part B per week
|
At 17 years of age
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75
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At 18 years of age
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100
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(iii) Leading Hands
- A leading hand appointed to be in charge of other employees shall be paid the
amounts listed in Item 4 of the said Table 2, in addition to the rate
prescribed by subclauses (i) and (ii) of this clause for the highest
classification under his/her control.
(iv) Employees
required to remove grease, etc., from floors by using the Anderson Kerrick or
similar steam method shall be paid an allowance in accordance with Item 1 of
Table 2 in addition to their ordinary rate.
(v)
(a) Employees
engaged in cleaning pits, tanks, vats, sumps and/or drains shall be paid an
allowance in accordance with Item 2 of Table 2.
(b) Employees who
are required to perform the above class of work and are so continuously
employed shall, in lieu of the rates prescribed in paragraph (a) of this
subclause, be paid an allowance in accordance with Item 2 of Table 2.
(vi) Clothing
Allowance - Employees who are not supplied with boots and overalls by the
employer, free of charge, shall be paid an allowance in accordance with Item 3
of Table 2.
(vii) Shift Work -
(a) Employees on
afternoon shift shall be paid 15 per cent and on night shift shall be paid 17.5
per cent in addition to their ordinary rates of pay, provided that a shift
worker shall be paid at the rate of time and a half for all ordinary shift work
performed on a Saturday. Such rate shall
be in substitution for, and not cumulative upon, the shift allowance provided
by this paragraph.
(b) Notwithstanding
anything elsewhere contained in this subclause, employees required to work on a
permanent afternoon shift shall be paid 15 per cent or, on a permanent night
shift, 22.5 per cent in addition to the prescribed rate of pay.
(viii) The rates of
pay in this award include the adjustments payable under the State Wage Case
2007. These adjustments may be offset against:
(i) any
equivalent overaward payment; and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
3. Casual Labour
(i) Casual labour
shall mean labour engaged by the hour.
(ii) The minimum
rate to be paid to all adult employees engaged in casual labour shall be 15 per
cent, in addition to the hourly equivalent of their respective rate, as
classified, with a minimum payment of four hours.
(Notation: The New South Wales Annual Holidays Act
provides that casual employees under this award are entitled to receive an
additional amount equal to one-twelfth of their ordinary time earnings in lieu
of annual leave).
3A. Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of twelve months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having
attained such period of twelve months.
However, the employee retains his or her right of election under this
subclause if the employer fails to comply with this notice requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an
employer refuses an election to convert, the reasons for doing so shall be
fully stated and discussed with the employee concerned, and a genuine attempt
shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award or pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act
1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
4. Mixed Functions
(i) An employee
transferred temporarily from a higher paid to a lower paid class of work or
from a lower paid to a higher paid class of work, shall be paid not less than
the rate of wages prescribed for the higher class of work during such temporary
employment, subject to the provisions of subclauses (ii) and (iii) of this
clause.
(ii) An employee
transferred temporarily to a higher paid class of work for two hours or more on
any one day shall be paid the higher rate of wages for the whole of such day.
(iii) An employee
transferred temporarily to a higher paid class of work for 20 hours or more in
any one week shall be paid the higher rate of wages for the whole of such week.
5. Overtime
(i)
(a) All time
worked in excess of the ordinary daily working hours prescribed in subclause
(i) of clause 1, Hours, or in excess of the regular hours of shift workers,
shall be deemed to be overtime and shall be paid for at the rate of time and
one-half for the first two hours in any one day and double time thereafter:
(b) However,
continuous seven-day shift workers shall be paid double time for all work done
outside the ordinary hours of their shifts.
(c) Each day's
overtime shall stand alone.
(ii)
(a) When overtime
is worked on a Saturday, the overtime rates shall be time and one-half for the
first two hours and double time thereafter:
(b) However, an
employee required to work overtime after finishing the employee’s normal shift
on a Saturday, in accordance with paragraph (a) of subclause (vii) of clause 2,
Rates of Pay, shall be paid double time for such overtime.
(iii) An employee
working in place of another worker after having completed the said employee's
own shift shall be paid overtime rates for such time worked.
(iv)
(a) 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.
(b)
(i) An employee
(other than a casual employee), who works so much overtime between the
termination of their ordinary work on one day and the commencement of their
ordinary work on the next day so 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 they have had
ten consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(ii) If, on the
instructions of their employer, such an employee resumes or continues work
without having had such ten consecutive hours off duty, the employee shall be
paid at double time rates until released from duty for such period and shall
then be entitled to be absent until they have had ten consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence.
(c) 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:
(i) for the
purpose of changing shift rosters; or
(ii) where a shift
worker does not report for duty and a day worker or shift worker is required to
replace such shift worker; or
(iii) where a shift
is worked by arrangement between the employees themselves."
(v) The roster of
an employee shall not be changed from one shift to another without 48 hours'
notice of such change being given and, in the absence of such notice, overtime
rates shall be paid until the expiry of such notice.
(vi) An employee
required to work any period of overtime on a Saturday shall receive a minimum
payment of four hours at overtime rates.
Notation: The provisions of this award, in particular
this clause, shall be read in conjunction with the Occupational Health and
Safety Act 2000.
(vii) Reasonable
Overtime
(a) Subject to
paragraph (b) below, an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for in this award.
(b) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours, which are unreasonable.
(c) For the
purposes of paragraph (b) what is unreasonable or otherwise will be determined
having regard to:
(i) any risk to
employee health and safety;
(ii) the
employee's personal circumstances including any family and carer
responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
6. Meal Breaks
(i) A meal period
of at least 30 minutes shall be allowed each day, Monday to Friday, inclusive.
No person shall work more than five hours without being given a break for a
meal.
(ii) All work done
on the instruction of the employer during the recognised meal time shall be
paid for under the award's overtime provisions until such meal break is
allowed.
7. Meal Allowances
(i) Any employee
required to work overtime for any period in excess of one hour after the usual
ceasing time either shall be supplied with a meal by the employer or shall be
paid an allowance in accordance with Item 5 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates, and, if required to work in excess of
four hours' overtime, either shall be supplied with a further meal or shall be
paid an allowance in accordance with the said Item 5.
(ii) This clause
shall not apply when an employee has been notified the previous day of the
intention to work overtime.
(iii) If such an
employee is notified on the previous day that he/she will be required to work
overtime and, by reason of such notice has provided himself or herself with a
meal and such overtime is cancelled, he/she shall be paid an allowance in
accordance with Item 5 of Table 2.
8. Sunday and Holiday
Rates
(a) For all work
performed on Sunday, an employee shall be paid at the rate of double time, with
a minimum payment for four hours at double time.
(b) For all work
performed on the holidays prescribed by clause 10, Holidays, an employee shall
be paid at the rate of double time and a half, with a minimum payment for four
hours at double time and a half.
9. Recall
An employee, recalled from home to work overtime after
having left the premises of the employer, shall be paid for a minimum of four
hours at overtime rates.
10. Holidays
(i)
(a) The following
days shall be holidays, namely;
New Year's Day,
Australia Day,
Good Friday,
Easter Saturday,
Easter Monday,
Anzac Day,
Queen's Birthday,
Labour Day,
Christmas Day and
Boxing Day
or any other days which may be proclaimed as public
holidays and observed as such. However,
the day on which the Newcastle Show is held may be worked at ordinary rates
even though such day is proclaimed as a public holiday.
(b) The first
Monday in March each year shall also be a holiday as the picnic day of The
Australian Workers' Union, New South Wales, provided that a picnic is held.
(c) An employer
may require from an employee evidence of their attendance at the picnic and the
production of the butt of the picnic ticket issued for the picnic shall be
sufficient evidence of attendance. Where such evidence is requested by the
employer, payment need not be made unless the evidence is produced.
(ii) No deduction
shall be made from the wages of employees for such holidays; provided, however,
that an employee absent the day before or the day after a holiday without
reasonable excuse or without the employer's consent shall not be entitled to
payment for such holiday.
11. Sick Leave
An employee who, after not less than three months'
continuous service in the current employment with the employer, is unable to
attend for duty during their ordinary working hours by reason of personal
illness or personal incapacity (including incapacity resulting from injury
within the Workers' Compensation Act 1987, the Workplace Injury
Management and Workers Compensation Act 1998 or any successor legislation),
not due to their own serious and wilful misconduct, shall be entitled to be
paid at the ordinary-time rate for the time of such non-attendance, subject to
the following:
(i) The employee
shall, as far as practicable, within 24 hours of the commencement of such
absence, inform the employer of any inability to attend for duty and, as far as
practicable, state the nature of the injury or illness and the estimated
duration of the absence.
(ii) The employee
shall prove to the satisfaction of the employer, by the production of a medical
certificate or other satisfactory evidence, that the employee was unable, on
account of such illness or injury, to attend for duty on the day or days for
which sick leave is claimed.
(iii) Subject to
subclauses (iv), (v) and (vi) of this clause, an employee shall be entitled to
the following sick leave:
(a) An employee in
the first year of service shall be entitled to five days' sick leave per year.
(b) An employee in
the second year of service and thereafter shall be entitled to ten days' sick
leave per year.
(iv) The rights
under this clause shall accumulate from year to year so long as the employment
continues with the employer, so that any part of the sick leave entitlement
which has not been allowed in any year may be claimed by the employee and shall
be allowed by the employer, subject to the conditions prescribed by this
clause, in a subsequent year of continued employment. Any rights which accumulate pursuant to this subclause shall be
available to the employee for an unlimited period.
(v) An employee of
Unilever Australia Pty Limited or Vegetable Oils Pty Ltd shall not be entitled
in any one year (whether in the employ of one or more employers) to sick leave
in excess of that laid down by subclause (iii), paragraphs (a) and (b)
inclusive; provided that accumulated sick leave taken by the employee with the
employer shall not be regarded as sick leave taken in the current year.
(vi) Service before
the coming into force of this award shall be counted as service for the purpose
of qualifying thereunder.
(vii) When an
employee has completed three months' continuous service, that employee shall be
entitled, retrospectively, to sick leave in accordance with this clause during
that three months' continuous service.
(viii) Vegetable Oils
Pty Ltd is exempted from so much of this clause as will enable it to operate
under an agreement between the said company and The Australian Workers' Union,
New South Wales Branch, dated 19 April 1977, or any agreement replacing the
said agreement."
12. Bereavement Leave
(i) An employee,
other than a causal employee, shall be entitled to two days bereavement leave
without deduction of pay, on each occasion of the death of a person in
Australia as prescribed in subclause (iii) of this clause. Where the death of a
person as prescribed by the said subclause (iii) occurs outside Australia, the
employee shall be entitled to two days bereavement leave where the employee
travels outside Australia to attend the funeral.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
Leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in subclause
20.1.3(ii) of clause 20, Personal/Carer’s Leave, provided that, for the purpose
of bereavement leave, the employee need not have been responsible for the care
of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
20.2, 20.3, 20.4, 20.5 and 20.6 of the said clause 20. In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
(vi) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 12(ii) casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 20.1.3 (ii) of clause 20, Personal/Carer's
Leave.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work.
In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The
casual employee is not entitled to any payment for the period of
non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
13. Jury Service
An employee required to attend for jury service during their
ordinary working hours shall be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of their attendance for such
jury service and the amount of wage they would have received in respect of the
ordinary time they would have worked had they not been on jury service.
14. Annual Leave
(i) See Annual
Holidays Act 1944.
(ii) Seven-day
Shift Workers -
(a) In addition to
their annual leave benefits prescribed by subclause (i) of this clause with
regard to an annual holiday of four weeks, an employee who, during a year of
employment with the employer with respect to which the employee becomes
entitled to the said annual holidays, works as a continuous seven-day shift
worker, shall be entitled to the additional leave as hereunder specified -
(1) If, during a
year of employment, the employee has served the employer continuously as such
seven-day shift worker, the additional leave with respect to that year shall be
one week.
(2) Subject to
subparagraph (4) of this paragraph, if, during a year of employment, the
employee has served for only a portion of it as such seven-day shift worker,
the additional leave shall be one day for every 36 ordinary shifts worked as a
seven-day shift worker.
(3) Subject to
subparagraph (4) of this paragraph, the employee shall be paid for such
additional leave at the same rate and under the same conditions as provided in
subclause (i) of this clause for their annual holiday of four weeks.
(4) Where the
additional leave calculated under this subclause is or includes a fraction of a
day, such fraction shall be discharged by payment only and such payment shall
be at the rate outlined in subparagraph (3) of this paragraph.
(5) In this
clause, reference to one week and one day shall include holidays and
non-working days.
(b) Where the
employment of a worker has been terminated and the employee thereby becomes
entitled under section 4 of the Annual Holidays Act 1944 to payment in
lieu of an annual holiday, with respect to a period of employment, the employee
also shall be entitled to an additional payment for three and one-third hours
at the annual leave rate of pay with respect to each 21 shifts of service as
such seven-day shift worker which the employee has rendered during such period
of employment.
(c) In the case of
an employee who was, at the commencement of their annual leave, employed as a
seven-day shift worker as defined herein, one day shall be added to the
employee’s annual leave period in respect of any holiday prescribed by this
award which falls within the period of annual leave to which they are entitled
under this award.
In addition to the foregoing, a seven-day shift worker
who regularly works that 21st shift of his/her roster shall be paid the
equivalent of time worked on that day when proceeding on annual leave.
(iii) In addition
to the entitlement accruing under subclauses (i) and (ii) of this clause during
a period of annual leave, an employee shall receive a loading calculated on the
rate of wage prescribed by clause 2, Rates of Pay.
The loading shall be calculated as follows:
(a) Day Workers -
An employee who would have worked on day work if not on leave - a loading of
17.5 per cent.
(b) Shift Workers
- An employee who would have worked on shift work, if not on leave - a loading
of 17.5 per cent.
Provided that where the employee would have received
shift loading, Saturday penalties and/or Sunday penalties as prescribed by this
award 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, the shift loadings shall be added to the rate prescribed by
the said clause 2 in lieu of the 17.5 per cent loading.
Alternatively, if the shift loadings would have
entitled the employee to a lesser amount than the loading of 17.5 per cent,
such loading of 17.5 per cent shall be added to the rate of wages prescribed by
clause 2, in lieu of the shift loading.
15. Long Service
Leave
See Long Service Leave Act 1955. Exemption: This
clause shall not apply to Colgate-Palmolive Pty Ltd in respect of employees who
are now or subsequently become members of the Colgate-Palmolive Pty Ltd Staff
Superannuation Plan. Liberty is reserved to the parties to apply in respect of
this exemption.
16. Payment of Wages
(i) Wages shall
be paid weekly on a day other than a Saturday, a Sunday or a holiday during
working hours, such day not to be later than a Thursday; however, should such
pay day fall on a Thursday which is a public holiday, such pay day shall be not
later than one day prior to Thursday.
(ii) The pay
period shall close not more than two working days before the recognised payday.
Any employee required to wait after the usual ceasing time to receive wages
shall be paid at ordinary rates for all time kept waiting to be paid.
(iii) Payment of
wages may be made by cash, cheque or by electronic funds transfer to an
individual employee’s account at a financial institution mutually agreed upon.
17. Termination of Employment
(i) After the
first week's service all employees, other than casual employees, shall be paid
by the week.
(ii) Employment
shall only be terminated by one week's notice on either side or by the payment
or forfeiture of one week's wages in lieu thereof, provided that an employee
may be discharged without notice at any time for misconduct or refusal of duty.
18. Redundancy
(1) Application -
(i) This award
shall apply in respect of persons employed in the classifications listed in
Table 1 - Rates of Pay, of Part B, Monetary Rates.
(ii) In respect to
employers who employ more than 15 employees immediately prior to the
termination of employment of employees, in the term of paragraph (i) of
subclause (4) of this clause.
(iii) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(2) Introduction
of Change -
(i) Employer's
Duty to Notify - 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.
"Significant effects" include termination of
employment, major changes in the composition, operation or size of the
employer's workforce or in the skills required, the elimination or diminution
of job opportunities, promotion opportunities or job tenure, the alteration of
hours of work, the need for retraining or transfer of employees to other work
or locations and the restructuring of jobs.
Provided that where this award makes provision for
alteration, it shall be deemed not to have significant effect.
(ii) Employer's
Duty to Discuss Change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (i) of
this subclause, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(b) The discussions
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in paragraph (i) of this
subclause.
(c) For the
purpose of such discussions, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on 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.
(3) Redundancy -
Discussions Before Terminations -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to paragraph (i)
of subclause (2), 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.
(b) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of paragraph (a) of
this subclause and shall cover, inter alia, any reason for the proposed terminations,
measures to avoid or minimise the terminations and measures to mitigate any
adverse effects of any termination on the employees concerned.
(c) For the
purpose of the discussions 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, the number and categories of
employees likely to be affected, the number of employees normally employed and
the period over which the terminations are likely to be carried out. Provided
that any employer shall not be required to disclose confidential information,
the disclosure of which would adversely affect the employer.
(4) Termination of
Employment -
(i) Notice for
Changes in Production, Programme, Organisation or Structure - This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, programme, organisation, mechanisation or
structure, in accordance with paragraph (i) of subclause (2), Introduction of
Change:
(a) 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
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years' continuous service, shall be entitled
to an additional week's notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(ii) Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from technology in
accordance with paragraph (i) of the said subclause (2):
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment shall be terminated by part of the period of
notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(iii) Time Off
During the Notice Period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
Leaving During the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
to which the employee would have been entitled had the employee remained with
the employer until the expiry of such notice. Provided that, in such
circumstances, the employee shall not be entitled to payment in lieu of notice.
(v) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink (or any relevant successor entity) - Where a decision has been made
to terminate employees, the employer shall notify Centrelink thereof as soon as
possible, giving relevant information, including the number and categories of
the employees likely to be affected and the period over which the terminations
are intended to be carried out.
(vii) Centrelink
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 or any
relevant successor entity.
(viii) Transfer to
Lower-paid Duties - Where an employee is transferred to lower-paid duties for
reasons set out in paragraph (i) of subclause (2), Introduction of Change, 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.
(5) Severance Pay
-
(i) Where an
employee is to be terminated pursuant to subclause (4), Termination of
Employment, subject to further order of the Industrial Relations Commission of
New South Wales, the employer shall pay the employee the following severance
pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
|
Years of Service
|
Under 45 Years Of
Age Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
|
Years of Service
|
45 Years of Age and
Over Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years.
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 year
|
15 weeks
|
|
5 years and less than 6 years.
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(c) "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
award.
(ii) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (i) 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 paragraph (i) of
this subclause will have on the employer.
(iii) 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 (i) if the employer obtains
acceptable alternative employment for an employee.
(6) Savings Clause
- Nothing in this clause shall be construed so as to require the reduction or
alteration of more advantageous benefits or conditions which an employee may be
entitled to under any existing redundancy arrangement, taken as a whole,
between the industrial organisation of employees and any employer bound by this
clause.
19. First-Aid and
Safety
(i) The employer
shall provide and shall maintain a suitably equipped first-aid outfit at all
places of work to which this award applies.
(ii) Any employee
appointed by the employer to perform first-aid duties shall be paid, in
addition to the ordinary rate, an amount as set out in Item 6 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
(iii) Not less than
two employees shall be employed hand-stacking full drums of 44 gallons
capacity. They shall not be stacked more than one high, unless lifting gear is
used.
(iv) Not less than
one employee, who is qualified to render first aid to the injured, shall be on
duty and available to give any necessary treatment.
20. Personal/Carer's
Leave
20.1 Use of Sick
Leave -
20.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 20.1.3 (ii) who needs the employee’s care and support, shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement, provided for at clause 11, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency.
Such leave may be taken for part of a single day.
20.1.2 The employee
shall, if required,
(1) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
20.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
(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.
20.1.4 An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 25, Grievance Procedure, should be followed.
20.2 Unpaid Leave
for Family Purpose -
20.2.1 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in 20.1.3 (ii) above
who is ill or who requires care due to an unexpected emergency.
20.3 Annual Leave -
20.3.1 An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
20.3.2 Access to annual
leave, as prescribed in paragraph 20.3.1, shall be exclusive of any shutdown
period provided for elsewhere under this award.
20.3.3 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.
20.3.4 An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
20.4 Time Off in
Lieu of Payment for Overtime -
20.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
20.4.2 Overtime taken
as time off during ordinary-time hours shall be taken at the loaded time rate,
that is, an hour multiplied by the appropriate overtime rate.
20.4.3 If, having
elected to take time as leave in accordance with paragraph 20.4.1, 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.
20.4.4 Where no
election is made in accordance with paragraph 20.4.1, the employee shall be
paid overtime rates in accordance with the award.
20.5 Make-up Time -
20.5.1 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.
20.5.2 An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
20.6 Rostered Days
Off -
20.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
20.6.2 An employee may
elect, with the consent of the employer, to take rostered days off in part-day
amounts.
20.6.3 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.
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.
20.7 Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 20.1.2 and 20.14 casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 20.1.3 (ii) of this clause who are
sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work.
In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The
casual employee is not entitled to any payment for the period of
non-attendance.
(3) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
20a. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee
or employee's spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an opportunity
for the employee to discuss any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
21. Rest Periods
A rest period of ten minutes, which shall be counted as
working time, shall be allowed to all employees during both the morning and
afternoon of each day, to be arranged at a time convenient to the employer.
22. Amenities
The employer shall provide adequate dressing room, washing
and toilet accommodation in accordance with the requirements of the
Occupational Health and Safety Legislation and regulation or any relevant
successor legislation.
23. Protective
Clothing, Etc.
(i) Suitable
waterproof coats shall be provided free of cost by the employer for the use of
employees who are required to work in the open in wet weather. Such coats, when provided, shall remain the
property of the employer.
(ii) Where
necessary, employees washing drums, handling acids or caustic soda shall be
provided with suitable gumboots and/or gloves or goggles.
(iii) Suitable
protective clothing in the form of overalls, boots or shoes shall be supplied
to an employee where the nature of the work requires such protective clothing
to be worn.
(iv) All protective
clothing supplied under this clause shall remain the property of the employer
and, if an employee leaves the employment of such employer without returning
such protective clothing, the employer may deduct from any moneys owing at the
time of termination an amount representing the value of such protective
clothing not returned.
24. Superannuation
(a) the Subject of
Superannuation Contributions is Dealt With Extensively By Legislation Including
the Superannuation Guarantee (Administration) Act 1992, the
Superannuation Guarantee Charge Act 1992, the Superannuation Industry
(Supervision) Act 1993 and the Superannuation (Resolution of Complaints)
Act 1993. the Legislation, as Varied from Time to Time, Governs the
Superannuation Rights and Obligations of the Parties.
(b) The employer
shall be a participating employer in any of the following funds:
Australian Public Superannuation (APS)
Australian Superannuation Savings Employment Trust
(ASSET)
and shall participate in accordance with the Trust Deed
of that fund.
(c) The employer
shall contribute to the Fund in accordance with the legislation provided that
employer contributions do not fall below 3% of ordinary time earnings:
NOTATION: Employer contributions under relevant
legislation are set at 7% until 30 June 2000, when they will increase to 8% and
a final adjustment of 9% from 1st July 2002
(d) The employer
shall provide each employee upon commencement of employment with membership
forms of the fund and shall forward the completed membership form to the fund
as soon as practicable.
(e) An employee
may make contributions to the fund in addition to those made by the employer.
Such employee may either forward their own contribution directly to the fund
trustees or authorise the employer to pay into the fund from the employee’s
wage an amount specified by the employee.
(f) An employee
who wishes to make additional contributions must authorise the employer in
writing to pay into the fund from the employee’s wages a specified amount in
accordance with the Trust Deed and the rules of the fund.
(g) An employee
may vary his or her additional contributions by a written authorisation and the
employer must alter the additional contributions as soon as practicable after
the receipt of the authorisation.
(h) All
contributions shall be made at the completion of each calendar month, or at
such other times and in such other manner as may be agreed in writing between
the Trustee and the employer.
(i) Ordinary time
earnings shall be defined as including:
(i) Award
classification rate
(ii) overaward payment
(iii) Shift loading
- including weekend and public holiday penalty rates earned by shift employees
on normal rostered shifts forming the ordinary hours of duty not when worked as
overtime
(iv) Casual loading
in respect to casual employees including 1/12th Annual Holiday Loading.
Ordinary time earnings does not include bonuses,
commission, payment for overtime or other extraordinary payment, remuneration
or allowance.
25. Grievance
Procedure
The procedure for the resolution of industrial disputation
will be in accordance with the Industrial Relations Act 1996. These
Procedural steps are:
(i) Procedure
relating to grievances of individual employees -
(a) The employee
is required to notify the employer (in writing or otherwise) as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussions the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(ii) Procedure
relating to disputes, etc., between employers and their employees -
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
26. Anti
Discrimination
(1) 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.
(2) 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.
(3) Under the
Anti-Discrimination Act 1977 (NSW) 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.
(4) 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 (NSW)
(d) A party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
(5) 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.
Note:
(1) Employers and
Employees may also be subject to commonwealth anti-discrimination legislation.
(2) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act effects ... 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.
26A. Deduction of
Union Membership Fees
(i) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the employer to make such deductions in accordance with
subclause (ii) herein;
(b) the Union
shall advise the employer of the amount to be deducted for each pay period
applying at the employer's workplace and any changes to that amount;
(c) deduction of
Union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be
no requirement to make deductions for casual employees with less than two
months' service (continuous or otherwise).
(ii) The
employee's authorisation shall be in writing and shall authorise the deduction
of an amount of Union fees (including any variation in that fee effected in
accordance with the Union's rules) that the Union advises the employer to
deduct. Where the employee passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the employer without first obtaining the employee's consent
to do so. Such consent may form part of
the written authorisation.
(iii) Monies so
deducted from employees' pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer's election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts, provided that:
(a) where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the
employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where an
employee has already authorised the deduction of Union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
(v) The Union
shall advise the employer of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in
the form of a schedule of fees to be deducted specifying either weekly,
fortnightly, monthly or quarterly, as the case may be. The Union shall give the employer a minimum
of two months' notice of any such change.
(vi) An employee may
at any time revoke in writing an authorisation to the employer to make payroll
deductions of Union membership fees.
(vii) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the employee in writing of the need to revoke the authorisation to the employer
in order for payroll deductions of Union membership fees to cease.
(viii) The above
variations shall take effect:
(a) In the case of
employers who currently deduct Union membership fees, or whose payroll
facilities are carried out by way of an outsourcing arrangement, or whose
payroll calculations are made through the use of computerised means, from the
beginning of the first full pay period to commence on or after 17 March 2003;
(b) In the case of
employers who do not fall within paragraph (a) above, but who currently make
deductions other than Union membership fee deductions or mandatory deductions
(such as for taxation instalments or superannuation contributions), from
employees' pay, or have in place facilities to make such deductions, from the
beginning of the first full pay period to commence on or after 17 June 2003;
(c) For all other
employers, from the beginning of the first full pay period to commence on or
after 17 September 2003.
26B. Traineeships
As to traineeships for persons covered by this award, see
the Training Wage (State) Award 2002 published 26 September 2003 (341 I.G. 569)
or any successor thereto.
27. Area, Incidence
and Duration
(a) This award
shall apply to all employees classified herein and employed within the scope of
the Industries and Callings of this award.
(b) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Margarine Makers (State) Award published 24
August 2001 (327 I.G. 163), as varied.
(c) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for Review
of Awards made by the Industrial Relations Commission of New South Wales on 28
April 1999 (310 I.G. 359) take effect on and from 5 February 2008.
(d) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
Industries and
Callings
All persons employed in the manufacture of margarine in the
State, excluding the County of Yancowinna; excepting employees employed in
abattoirs, meat works, slaughterhouses and meat preserving works in the County
of Cumberland; and excepting also engine drivers and firemen, greasers,
trimmers, cleaners and pumpers engaged in or about the driving of engines,
electrical crane, winch and motor drivers.
PART B
MONETARY RATES
Table 1 - Rates of
Pay
|
Classification
|
Former Rate
|
SWC 2007
|
Total Rate
|
|
|
$
|
$
|
$
|
|
Refinery Operator and Process Operator (96%)
|
579.50
|
20.00
|
599.50
|
|
Assistant Refinery Operator and Seeding Plant
|
|
|
|
|
Operator (92.4%)
|
564.50
|
20.00
|
584.50
|
|
Assistant Seeding Plant Operator, Assistant Process
|
|
|
|
|
Plant Operator and Packaging Plant Operator (89%)
|
554.10
|
20.00
|
574.10
|
|
All Others (83%)
|
525.90
|
20.00
|
545.90
|
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Brief Description
|
Current
|
SWC
|
|
No.
|
No.
|
|
Amount
|
2007
|
|
|
|
|
|
Amount
|
|
|
|
|
$
|
$
|
|
1
|
2(iv)
|
Removing grease by Anderson Kerrick or similar
|
0.43
|
0.45
|
|
|
|
Steam method per hour
|
|
|
|
2
|
2(v)(a)
|
Cleaning pits, tanks, vats, sumps and/or drains per hour
|
0.75
|
0.78
|
|
|
2(v)(b)
|
Continuously employed in the above per week
|
17.50
|
18.20
|
|
3
|
2(vi)
|
Clothing Allowance per week
|
2.30
|
2.35
|
|
4
|
2(iii)
|
Leading Hands (per week)
|
|
|
|
|
|
(a)
|
in charge of 3 to 6 employees
|
19.40
|
20.20
|
|
|
|
(b)
|
in charge of 7 to 10 employees
|
24.20
|
25.20
|
|
|
|
(c)
|
in charge of 11 to 15 employees
|
28.90
|
30.10
|
|
|
|
(d)
|
in charge of more than 15 employees
|
36.10
|
37.50
|
|
5
|
7(i)
|
Meal Allowance
|
|
|
|
|
|
(a)
|
in excess of 1 hours overtime
|
8.50
|
8.80
|
|
|
|
(b)
|
in excess of four hours overtime
|
8.50
|
8.80
|
|
|
|
(c)
|
with notice of overtime
|
8.50
|
8.80
|
|
6
|
19
|
First Aid Allowance per day or shift
|
2.45
|
2.55
|
Note: These allowances are contemporary for expense related
allowances as at 30 March 2007 and for work related allowances are inclusive of
adjustment in accordance with the June 2007 State Wage Case Decision of the
Industrial Relations Commission of New South Wales.
E. A. R. BISHOP,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.