Textile Industry (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1562 of 2007)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Demarcation of Work

4.         Grievance Procedure

5.         Rates of Pay

6.         Apprenticeships

7A.      Adult Apprenticeships

8.         Enterprise Bargaining

9.         Rates for Juniors

10.       Additional Payments

11.       Payment of Wages

12.       Deduction from Wages

12A.    Deduction of Union Membership Fees

13.       Payment by Results Systems

14.       Mixed Functions

15.       Hours of Work

16.       Implementation of 38-Hour Week

17.       Procedure for In-plant Discussions

18.       Overtime

19.       Time Off in Lieu of Overtime

20.       Shifts

21.       Seven-day Continuous Shift Work

22.       Terms of Engagement

23.       Part-time Employment

24.       Casual Employment

24A.    Secure Employment

25.       Meal Hours - Meal Intervals - Crib Times

26.       Public Holidays

27.       Sunday Work

28.       Sick Leave

29.       Personal Carer's Leave

30.       Blood Donors

31.       Accident Pay

32.       Bereavement Leave

33.       Jury Service

34.       Parental Leave

35.       Annual Leave

36.       Trade Union Training Leave

37.       Proportion of Juniors

38.       Limitations

39.       General

40.       Notice Boards

41.       Award Posted

42.       Shop Stewards

43.       Right of Entry

44.       Union Conference Delegates

45.       Certificate of Service

46.       Time and Wages Book

47.       Aged or Infirm Workers

48.       Outdoor Workers

49.       Emergency Electricity Provisions

50.       Anti -Discrimination

51.       Introduction of Change

52.       Redundancy

53.       Superannuation

54.       National Training Wage

55.       Area, Incidence and Duration

55A.    Traineeships

56.       Operation of Award

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

Schedule "A" - Consultative Committees

Schedule "B" - Procedure to be Adopted in Developing an Enterprise Agreement

Schedule "C" - Code of Conduct on Twelve-hour Shifts

Schedule "D" - Old Classification Structure*

Schedule "E" - Form of Indenture of Apprenticeship

Schedule "F" - Translation Procedure

 

* Former Transitional Wages classification system to facilitate the introduction of skill levels in December 1998.  Retained for historical reference only.

 

2.  Definitions

 

2.1        "Assistant foreperson and/or overlooker" means an employee appointed as such by the management.

 

2.2        "Consent of or notice to the claimant Union" means consent of or notice to the Secretary of The Transport Workers’ Union of New South Wales.

 

2.3        "Designer - Creative" means an employee engaged as such and who in the course of his/her employment is required to create original designs and master sketches and may supervise and correct the work of other designers and technical drawers.

 

2.4        "Designer - Other" means an employee engaged as such and who is required to produce master sketches from designs supplied by the employer and in doing so may be required to adapt or correct such designs, or is required to produce original drawings (not being master sketches) or adaptations.

 

2.5        "Experience" for the purpose of calculating rates of pay under clauses 5 and 9 shall include all experience in the classification concerned, whether gained as a junior or as an adult.

 

2.6        "Fancy Warper Woollen and Worsted Division" means an employee who in the construction of warps containing different counts, shades, qualities or twists of yarn, uses two or more colours or where yarn is of a similar count, shade, quality or twist, three or more colours.

 

2.7        "High Rise Stacker Operator" means an operator of a device known as a high rise stacker where both the operator and the lift ascend with the load above floor level of up to 12 metres. A high rise stacker operator in addition to being a qualified fork lift driver shall have undertaken additional training and be qualified to operate a high rise stacker in accordance with the various labour and industry Acts.

 

2.8        "Industrial Agreement" referred to in clause 14, Mixed Functions, means an industrial agreement registered under the Industrial Relations Act 1996.

 

2.9        "Instructor" means an employee trained as an instructor and appointed by management to instruct employees in the duties of their classifications.

 

2.10      "Leading Hand" means an employee who, under the direction of the management, supervises the work of a shift or gang of other employees in accordance with subclause 5.7.

 

2.11      "Machine Operator and/or Attendant" means an employee who in the course of their duty is called upon to operate a machine and does not include an employee whose sole duty is carrying material to and from a machine.

 

2.12      "Recorder" means an employee whose main duties are entering of production figures on tickets and/or sheets, weighing and/or classifying the materials and/or making simple book entries.

 

2.13      "Sewing Machine Mechanic" means an employee -

 

2.13.1   who has served an apprenticeship as such or who, in the view of the employer and the union, has undergone equivalent training and/or experience; and

 

2.13.2   who is engaged to assemble, adjust, test and lubricate, to dismantle machines and trace faults, to repair and replace mechanisms and to be able to make and install a multiplicity of attachments and to use all tools commonly used in the industry for the correct and efficient operation of all sewing machines.

 

2.14      "Textile Mechanic" means an employee -

 

2.14.1   who has served an apprenticeship as such or who, in the view of the employer and the union, has undergone equivalent training and/or experience; and

 

2.14.2   who possesses a knowledge of yarns, fabrics, cloth structure and designs and the ancillary processes connected with the different types of machinery; and

 

2.14.3   who is engaged in the maintenance, mechanical adjustments, assembling, dismantling, replacement of parts (other than those parts replaced by machine operators in the course of their normal duties), and to be able to make and install attachments, and to use all tools commonly used in the industry, and setting of different types of machines for their correct and efficient operation, and all things incidental thereto.

 

2.15      "Technical Drawer" means an employee engaged as such, who in the performance of their duties prepares stencils or films for screen printing by tracing or working from master sketches or similar art work or designs.

 

2.16      "Textile Mechanic Special Class and Textile Mechanic (Sewing Machine) Special Class" means a textile mechanic (as defined) who is principally engaged in servicing and maintaining complex equipment requiring the application of additional knowledge.

 

In this definition "complex equipment" means textile production equipment with control systems derived from advanced electronic, pneumatic, hydraulic or robotic technology. "Additional knowledge" means knowledge in excess of that of the textile mechanic which has been acquired by the textile mechanic by virtue of:

 

2.16.1   having had not less than two years' on-the-job experience as a textile mechanic working mainly on such complex equipment as will enable the textile mechanic to perform such work unsupervised, where necessary and practicable; and

 

2.16.2   having by virtue of either the satisfactory completion of a post-trade course relevant to that equipment or the achievement of a comparable standard of knowledge by other means, including on-the-job training and the experience referred to in paragraph 2.16.1 hereof, gained a sufficient comprehension of such complex equipment as will enable the textile mechanic to perform such work.

 

2.17      "Union" means The Transport Workers’ Union of New South Wales.

 

2.18      "Wool Store" shall mean a department in the Industry where untreated wool is stored in bulk.

 

2.19      "Storeman/woman" means an employee (other than "warehouse employee") who is responsible for and whose work includes substantially the following:

 

Loading and unloading, taking or assigning goods to appropriate storage areas; processing orders, packing and unpacking of cartons, parcels, crates or some such container; checking and keeping records of inflows and outflows of goods from the store area.

 

Provided that "storeman/woman" shall not include:

 

2.19.1   an employee who in the course of manufacture merely encloses goods in the uniform container or containers in which such goods are ordinarily sold by the manufacturer;

 

2.19.2   an employee employed solely in cleaning or labouring duties in or about a store or in connection with the work of a storeman/woman, and shall not be deemed, by reason only of their performance of such duties, to come within the said definition;

 

2.19.3   a foreperson or other person in charge in such store or place who does not ordinarily work manually therein as a storeman/woman.

 

2.20      "Warehouse employee" means an employee (other than storeman/woman) performing up to any two of the following functions:

 

2.20.1   Sorting and Storing - Assist in unloading trucks, trolleys or other transportation device.  Sort or check goods and take them to appropriate places (bins, shelves, stacks) in warehouse for storage. Enter on cards or labels.

 

2.20.2   Order Processing - Make up orders to specifications by selecting goods from storage places in warehouse and assembling them for packing or parcelling. Enter on cards or labels.

 

2.20.3   Wrapping or Packing - Check, pack or wrap assembled goods, address and weigh. Assist in loading.  Enter on cards or labels.

 

Provided that any person performing more than two of the above functions shall be classified as storeman/woman.

 

Provided also that an employee engaged exclusively in sorting and/or despatching of goods partly processed within an establishment and held in a storage area pending further processing within that establishment shall be regarded as a warehouse employee.

 

Provided further that "warehouse employee" shall not include:

 

(i)         an employee who in the course of manufacture merely encloses goods in the uniform container or containers in which such goods are ordinarily sold by the manufacturer;

 

(ii)        an employee employed solely in cleaning or labouring duties in or about a warehouse or in connection with the work of a warehouse; he/she shall not be deemed, by reason only of  their performance of such duties to come within the said definitions;

 

(iii)       a foreperson or other person in charge in such warehouse or place who does not ordinarily work manually therein as a warehouse employee.

 

2.21      "Pedestrian Fork Lift Operator" means an employee operating from a standing position adjacent to a self-powered fork lift appliance with which loads are handled, either solely by means of forks or tines mounted on a sliding carriage, or a vertical or near vertical mast, or by such means together with the use of a jib, ram, grab or other attachment.  This definition specifically excludes spillage trucks or other appliances designed to lift and move a pallet or pallets within 30 cm of floor level.

 

Notwithstanding anything elsewhere contained in this subclause, when any pedestrian fork lift is used for the loading or unloading of vehicles or trucks the operator of such pedestrian fork lift shall be paid at the rate of pay for a fork lift driver as prescribed by this award.

 

3.  Demarcation of Work

 

3.1        In the manufacture of knitted piecegoods and (excepting babywear) the making up therefrom of suits, coats, trousers, culottes, frocks, dresses, dressing gowns, tracksuits, slacksuits, blouses, shorts and/or like garments.

 

Where the knitting and making up are carried out by the one employer in the same establishment, the knitting work shall be subject to the Textile Industry (State) Award, and the work of making up to the Clothing Trades (State) Award.

 

3.2        In the manufacture of knitted piecegoods and the making up therefrom of all garments other than those specified in subclause 3.1 hereof:

 

Where the piecegoods are knitted by an employer and the making up is completed at the same or another establishment by the same employer, both the work of knitting of the piecegoods and making up shall be subject to the Textile Industry (State) Award.

 

3.3        In the manufacture of knitted piecegoods and the making up of all garments:

 

Where the piecegoods are knitted by one employer and the garments are made up by another employer the knitting shall be subject to the Textile Industry (State) Award and the work of making up shall be subject to the Clothing Trades (State) Award.

 

3.4        Provided that in an establishment where the making up of knitted piecegoods constitutes such a minor amount of the employer's total operations so as to render the observance of subclause 3.1 unreasonable the employer may on application to the Industrial Relations Commission of New South Wales be exempted from the obligation to observe the provisions of the Clothing Trades (State) Award.

 

4.  Grievance Procedure

 

4.1        Where an employee or the shop steward has submitted a request or complaint concerning any matter directly connected with employment or job conditions to a foreperson or a more senior representative of management and has not received satisfaction the employee may refer the matter to a shop steward or if the matter has been raised by a shop steward he/she may refer the matter to the appropriate executive of the employer concerned.

 

4.2        The matter shall be discussed between the shop steward and the appropriate executive.

 

4.3        If the matter is not settled between the shop steward and the appropriate executive of the employer the matter shall then be referred by the shop steward to the Secretary of the union and a meeting shall be arranged between the employer and if the employer so desires their association and the union and a conference shall take place as soon as practicable.

 

4.4        If the matter is not settled in accordance with subclause 4.3 of this clause the matter shall be notified to the Industrial Registrar.

 

4.5        Where the above procedures are followed work shall continue normally.  No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

 

4.6        Notwithstanding anything contained in the preceding subclauses of this clause, the parties shall be free to exercise their rights if the dispute is not finalised without unreasonable delay.

 

4.7        This clause shall not apply to any dispute as to a bona fide safety issue.

 

5.  Rates of Pay

 

5.1        Adults - An adult employee graded in accordance with the skill level classification structure and the descriptors as defined in subclause 5.5 (other than an apprentice, junior employee or any employee subject to the provisions of clause 47, Aged or Infirm Workers), shall be paid at the award rate per week assigned to that skill level classification as set out in Table 1 - Rates of Pay of Part B, Monetary Rates.

 

5.2        An adult weekly worker shall be paid not less than the award rate specified in subclause 5.1.  The award rate is comprised of the base rate plus the supplementary payment specified in subclause 5.1.

 

5.3        Calculation of Wage Rates - State Wage Case Decisions - In circumstances where award wages are to be increased as a result of State Wage Case decisions the amount of the increase shall be calculated and applied to the Wages Schedule prescribed in the said Table 1.

 

5.3.1     Whenever the State Wage Case decision provides that award wages be increased by a percentage or a flat money amount, the award wage shall be increased by applying the same percentage and/or adding the same money amount.

 

5.3.2     The results of the calculations to the base rate and award wage shall be rounded off in accordance with the State Wage Case decision.

 

5.3.3     Whenever the State Wage Case decision provides that award wages be increased by the application of a "plateau" formula, the "plateau" level for the purposes of this award shall be determined by reference to the base rates.

 

The increase shall then be calculated in accordance with paragraphs 5.3.1 and 5.3.2 hereof.

 

The rates of pay in this award include the adjustments payable under the State Wage Case 2007, as set out in the said Table 1, Rates of Pay in Part B - Monetary Rates. This adjustment may be offset against:

 

(A)      any equivalent overaward payments, and/or

 

(B)       award wage increases since 29 May 1991 other than safety net adjustments and minimum rates adjustments.

 

5.4        Minimum Wage -

 

5.4.1     Notwithstanding the provisions of this subclause, an adult employee whose weekly wage rate payable pursuant to this subclause for ordinary hours of work together with overaward or payment by results amounts is less than the amount as set in Table 1, shall be paid in addition an allowance of such amount as will bring his/her or her rate of pay for such hours to the said respective amount for that week.

 

5.4.2     Where such an employee has been absent from duty in a week in circumstances entitling the employer to deduct payment for the time of non-attendance he/she shall be paid for the ordinary hours worked during such week at the rate of the said appropriate amount per week.

 

5.4.3     Where an allowance as prescribed by subclause 5.2 hereof, is payable to an employee, payments during paid leave and for holidays prescribed by clause 26, Public Holidays, shall be calculated at the rate of the said appropriate amount per week.

 

5.4.4     Calculations for overtime, penalty rates, shift work and other payments under this award shall be made at the rate prescribed by paragraph 5.4.1 of this clause for the classification in which the employee is employed.

 

NOTE:  The purpose of fixing the minimum wage at the amount above set out is to ensure to each adult worker a minimum wage for a week's work performed in ordinary hours.  The fixation of the minimum wage at the amounts mentioned does not give any reason for any change in award rates of pay which are below or above the appropriate minimum wage.

 

5.5        Skill Based Classification Structure - Skill Level Descriptors

 

An employee working in the Textile Industry shall be graded pursuant to the following Skill Based Classification Structure:

 

TRAINEE  -  78%

 

Employees at this level:

 

1.          Shall be new entrants into the industry.

 

2.          Shall for a period of up to 3 months undergo approved (including induction) training so as to enable them to achieve the level of competence required to be classified at Skill Level 1.

 

3.          Shall work under the following conditions:

 

totally defined procedures and methods

 

constant direct supervision

 

constant direct training

 

progressive assessment and feedback

 

4.          Shall apply occupational health and safety principles to their work and the work of other employees.

 

Training for new entrants will be determined in accordance with the needs of the enterprise, but shall involve instruction aimed at assisting trainees to achieve the range of competencies required at Skill Level 1 or above, including:

 

The knowledge and skills required to apply relevant Occupational Health and Safety practices and procedures.

 

The knowledge and skills required to apply specified quality control⁴ standards to their own work.

 

The knowledge and skills required to apply specified operation practices and procedures and to meet efficiency requirements.

 

The knowledge and skills³ required to apply minor equipment/machine maintenance⁵ relevant to the equipment involved in the performance of their own work.

 

SKILL LEVEL 1  -  82%

 

Employees at this level:

 

1.          Shall work to defined procedures/methods⁶ either individually or in a team environment, and

 

2.          Shall exercise Skills³ to perform basic tasks⁸, and

 

3.          Shall be aware of and apply basic Quality contro^l4 and skills³ in the receipt and completion of their own work to the specified quality standards¹⁰, and

 

4.          Shall apply occupational health and safety principles to their work and the work of other employees.

 

In addition, according to the needs and operational requirements of the enterprise, employees at this level:

 

5.          may be required to exercise the skill³ necessary to assist in providing basic on-the-job-instruction² by way of demonstration and explanation.

 

6.          may be required to record basic information on production and/or quality indicators¹¹, as required.

 

7.          may be required to work in a team environment⁷.

 

8.          may be required to apply minor equipment/machine maintenance⁵.

 

9.          may be required to exercise key pad skills¹².

 

10.        may be required to exercise the level of English literacy and numeracy skills³ to effectively perform their tasks.

 

11.        may commence training in additional skills¹³ required to advance to a higher skill³ level.

 

SKILL LEVEL 2  -  87.4%

 

Employees at this level exercise the skills³ required to be graded at Skill Level 1, and:

 

1.          shall work to defined procedures/methods⁶, either individually or in a team environment⁷, and

 

2.          shall exercise the skills³ to perform intermediate tasks¹⁴ , and

 

3.          shall understand and apply quality contro^l4 skills³ in their own work and component parts¹⁵ (including understanding of the likely cause/s of deviations to specified quality standards¹⁰ in their own work), and

 

4.          shall apply occupational health and safety principles to their work and the work of other employees.

 

In addition, according to the needs and operational requirements of the enterprise, employees at this level:

 

5.          may be required to exercise the skill³ necessary to assist in providing on-the-job-instruction² to employees in skills³ required at Skill Level 2 and below by way of demonstration and explanation.

 

6.          may exercise discretion in the performance of their work.

 

7.          may be required to record detailed information on production and/or quality indicators¹¹ as required.

 

8.          may be required to exercise team work skills³.

 

9.          may be required to identify and rectify minor machine¹⁶/equipment and equipment/machine faults, and report problems that cannot be rectified to a mechanic or supervisor.

 

10.        may be required to exercise basic computer skills¹⁷.

 

11.        may commence training in additional skills¹³ required to advance to a higher skill³ level.

 

SKILL LEVEL 3  -  92.4% - Make up section

 

Employees at this level exercise the skills³ required to be graded at Skill Level 2, and

 

1.          shall exercise discretion, initiative and judgement on the job in their own work, either individually or in a team environment⁷ , and

 

2.          shall exercise skills³ to:

 

2.1       perform a complex task/s¹⁸; or

 

2.2       perform a series of different operations on a machine/s¹⁶; or

 

2.3       use a variety of machine types²⁰, three of which require the exercise of level 2 skills³, and

 

3.

 

3.1       shall be responsible for quality assurance²¹ in their own work and assembly of component parts¹⁵ including having an understanding of how this work relates to subsequent product processes and its contribution to the final appearance of the garment.

 

In addition, according to the needs and operational requirements of the enterprise, employees at this level:

 

3.2       may be required to investigate causes of quality deviations²² to specified standards and recommend preventative action.

 

4.          shall apply occupational health and safety principles to their work and the work of other employees.

 

5.          may be required to exercise the skills³ necessary to assist in providing on-the-job instruction to employees in skills³ required at Skill Level 3 and below by way of demonstration and explanation.

 

6.          may be required to record detailed information on, and recommend improvements to, production and/or quality.

 

7.          may be required to take a coordinating role²³ for a group of employees or in a team environment⁷ (which includes contributing to the identification and resolution of the problems of others and assisting in defining work group procedures and methods), where the members of the group or team are at Skill Level 3 and below.

 

8.          may be required to exercise advanced machine/equipment maintenance and problem solving skills³ (including identification of major. or equipment faults).

 

9.          may commence training in additional skills¹³ required to advance to a higher skill³ level.

 

SKILL LEVEL 3  -  92.4% - Textile section/non make up section

 

Employees at this level exercise the skills³ required to be graded at Skills Level 2 and:

 

1.          shall exercise discretion, initiative and judgement on the job in their own work, either individually or in a team environment⁷, and

 

2.          shall exercise skills3 to:

 

2.1       perform a complex task/s¹⁸, or

 

2.2       operate different types of machines and/or perform processes requiring the application of skill level 2 skills that individually are sufficiently different and cumulatively are equivalent to complex tasks.

 

3.          shall be responsible for quality assurance²¹ in their own work, including having an understanding of how this work relates to subsequent production processes and its contribution to the final appearance of the product, and if errors are detected take the appropriate action.

 

4.          shall apply occupational health and safety principles to their work and the work of other employees.

 

In addition, according to the needs and operational requirements of the enterprise, employees at this level:

 

5.          may be required to investigate causes of quality deviations²² to specified standards and recommend preventative action.

 

6.          may be required to exercise the skilIs³ necessary to assist in providing on-the-job-instruction² to employees in skills³ required at Skill Level 3 and below by way of demonstration and explanation.

 

7.          may be required to record detailed information on, and recommend improvements to, production and/or quality.

 

8.          may be required to take a coordinating role²³ for a group of workers, or in a team environment⁷ (which includes contributing to the identification and resolution of the problems of others, and assisting in defining work group procedures and methods) where members of the group or team are at Skill Level 3 and below.

 

9.          may be required to exercise advanced machine¹⁶/equipment maintenance and apply problem solving skills (including identification of machine/equipment faults).

 

10.        may be required to explain documents, information and procedures to other employees.

 

11.        may commence training in additional skills¹³ required to advance to a higher skill³ level.

 

SKILL LEVEL 4 - 100% - Make up section

 

Employees at this level exercise the skills³ required to be graded at Skill Level 3 and have a comprehensive knowledge of product construction.

 

Employees at this level shall also:

 

apply skills³ and knowledge, equivalent to that of a qualified tradesperson, that have been acquired as a result of training or experience, or

 

hold a relevant trade certificate, and

 

1.          shall work largely independently²⁴ (including developing and carrying out of a work plan to specifications), and

 

2.          shall exercise a range of skills³ involving planning, investigation and resolution of problems, and/or training, and/or supervision, and/or specialised technical tasks, or

 

shall make a whole garment to specifications, or exercise equivalent skills²⁵.

 

and

 

3.          shall apply occupational health and safety principles to their work and the work of other employees.

 

In addition, according to the needs and operational requirements of the enterprise, employees at this level:

 

4.          may be required to apply quality contro^l4/assurance techniques to their work group or team.

 

5.          may have designated responsibility²⁶ for the training of other employees (and if so shall be trained trainers).

 

6.          may be responsible for quality and production records relating to their own work group or team.

 

7.          may be required to take a coordinating role²³ for a group of workers or in a team environment⁷ (which includes contributing to the identification and resolution of the problems of others and assisting in defining work group procedures and methods), where the members of the group or team are at Skill Level 4 and below.

 

8.          may be required to exercise advanced machine¹⁶/equipment maintenance and problem solving skills³ (including identification of major equipment faults and organisation or performance of necessary repair).

 

9.          may commence training in additional skills¹³ required to advance to a higher Skill³ Level.

 

SKILL LEVEL 4 - 100% - Textile/non make up section

 

Employees at this level exercise the skills³ necessary to be graded at Skill Level 3 and have a comprehensive knowledge of the product.

 

Employees at this level shall also:

 

apply skills³ and knowledge, equivalent to that of a qualified tradesperson, that have been acquired as a result of training or experience, or hold a relevant trade certificate or demonstrate specialist operation skills²⁷,

 

and

 

1.          Shall work largely independently²⁴ (including developing and carrying out of a work plan to specifications),

 

and/or

 

2.          shall exercise a range of skills³ involving planning, investigation and resolution of problems, and/or training, and/or supervision, and/or specialised technical tasks.

 

3.          shall apply occupational health and safety principles to their work and the work of other employees.

 

In addition, according to the needs and operational requirements of the enterprise, employees at this level:

 

4.          may be required to apply quality contro^l4/assurance techniques to their work group or team.

 

5.          may have designated responsibility²⁶ for the training of other employees (and if so shall be trained trainers).

 

6.          may be responsible for quality and production records relating to their own work group or team.

 

7.          may be required to take a coordinating role²³ for a group of workers, or in a team environment⁷ (which includes contributing to the identification and resolution of the problems of others, assisting in defining work group procedures and methods), where the members of the group or team are at Skill Level 4 and below.

 

8.          may be required to exercise advanced machine¹⁶/equipment maintenance and problem solving skills³ (is able to identify major machine¹⁶ faults, and organise and/or perform necessary repairs).

 

9.          may commence training in additional skills¹³ required to advance to a higher skill³ level.

 

SKILL LEVEL 5  -  110% - Textile Tradesperson Special Class

 

A Skill Level 5 is a Textile Tradesperson who uses all of the skills listed in Skill Level 3 and 4 and is principally engaged in servicing and maintaining complex equipment requiring the application of additional knowledge.

 

In this definition:

 

"complex equipment" means textile production equipment with control systems devised from advanced electronic, pneumatic, hydraulic or robotic technology, and

 

"Additional knowledge" means knowledge in excess of that of the textile tradesperson which has been acquired by the textile tradesperson by virtue of:

 

(a)        having had not less than two years on the job experience as a textile tradesperson or in training to attain a trades certificate working mainly on such complex equipment as will enable the textile tradesperson to perform such work unsupervised, where necessary and practicable; and

 

(b)        having by virtue of either the satisfactory completion of a post trade course relevant to that equipment or the achievement of a comparable standard of knowledge by other means, including on-the-job training and the experience referred to in paragraph (a) hereof, gained a sufficient comprehension of such complex equipment as will enable the textile tradesperson to perform such work.

 

ADDITIONAL CORE SKILLS

 

1.          Provides technical guidance and assistance to work teams.

 

2.          Makes decisions which may have a significant effect on the results of a production line/unit/department.

 

3           Supervisory duties.

 

EXPLANATION OF TERMS

 

1.          Competence

 

The ability to perform a particular activity or activities to a prescribed standard (or standards) and under a prescribed set of circumstances.

 

2.          On-the-job instruction

 

Demonstrating, showing, explaining and/or guiding other employees as to how to perform a particular task or operation to a competent standard.

 

3.          Skill

 

The application of a combination of abilities, knowledge and attributes to competently perform a given activity or activities.

 

4.          Quality Control

 

The activities used to check that materials and products meet quality specifications; includes the grading of product into acceptable and unacceptable categories.

 

5.          Minor Equipment/Machine Maintenance

 

Includes cleaning and minor adjustments to the equipment/machine.  In the case of sewing machines for example, it may include:

 

changing needles

 

cleaning

 

lubrication

 

tension and stitch adjustment

 

6.          Defined Procedures/Methods

 

Specific instructions outlining how an employee is to do his/her job.

 

7.          Team Environment

 

An environment involving work arrangements in which a group of employees work closely, flexibly and in co-operation with each other to ensure efficient and effective performance.

 

8.          Basic Tasks

 

Non Make Up Section

 

Uncomplicated tasks which are easily learned and involve little decision making whether machine or non-machine.

 

(a)        performs a range of simple manual tasks, and/or

 

(b)       inspects and/or examines and/or uncomplicated grading/pairing raw materials/yams/fabrics etc for faults (non-machine operations), and/or

 

(c)        carries out simple tests on yarns/fabrics etc outside a laboratory environment, and/or

 

(d)       transfers, removes or supplies fabric, yarn, tickets, bobbins etc to other employees or from one section to another, and/or

 

(e)        performs basic machine tasks (see definition below).

 

Make Up Section

 

(f)        uncomplicated tasks which are easily learned and involve little decision making whether machine or non-machine,

 

(g)       basic machine tasks are those where the positioning of the work may be controlled by guide-bars and sensor lights, or other such guiding devices, or where there is uncomplicated feeding of the fabric.

 

9.          Basic Machine Tasks

 

(a)        In the make up section basic machine tasks are those where the positioning of the work may be controlled by guide-bars and sensor lights, or other such guiding devices, or where there is uncomplicated feeding of the fabric or uncomplicated machine related tasks.

 

(b)       In the non make up section, basic machine tasks involve those of a sock turner.

 

Provided, however, for the purposes of this subclause, an employer shall approach the relevant authorised officer of The Transport Workers’ Union of New South Wales where it is thought that the operation of any machine (other than a sock turner) only requires the performance of basic machine tasks (i.e. uncomplicated machine related tasks).

 

If the relevant authorised officer of the Transport Workers’ Union of New South Wales and the employer agree that the operation of the machine requires the use of basic machine tasks, they shall record this agreement in writing.

 

10.        Specified Quality Standards

 

Detailed standards against which quality is measured.

 

11.        Quality Indicators

 

Information used to determine whether a quality standard has been met.

 

12.        Key Pad Skills

 

Ability to use a small panel of keys, either numerical or with symbols, to operate equipment.

 

13.        Additional Skills

 

Skills that can be developed by an employee through training to assist that worker to become qualified for a higher skill level.

 

14.        Intermediate Tasks

 

Non-Make Up Section

 

Tasks which are more difficult to learn, involve more decision making than Skill Level 1 tasks and which may require more fabric/product knowledge, whether machine or non-machine.

 

(a)        the efficient operation of a machine or machines involving the application of more than basic skills in the setting up, running, monitoring and making adjustments to the machine or machines, or

 

(b)       the inspection or examination and grading/pairing of raw materials/yarns/fabrics etc for faults and, where necessary, mends by hand or machine, or

 

(c)        carries out tests which may involve colour matching and interaction of chemicals and/or dyes on yarns or fabrics etc in a laboratory environment, or

 

(d)       is responsible for the monitoring and co-ordination of fabric, yam, tickets, bobbins etc to other workers,, or from one section to another, or

 

(e)        weighs and measures raw materials/yarns/fabrics or chemicals and/or dyes, or

 

(f)        intermediate non-machine tasks require skills to perform a sequence of related tasks.

 

Make Up Section

 

(g)       tasks which are more difficult to learn involve more decision making than Skill Level 1 tasks and which may require fabric knowledge whether machine or non-machine, or

 

(h)       intermediate machine tasks require skill in positioning, feeding and handling of work involving directional changes, contouring or critical stopping points, or require feeding and handling skills beyond those of a Skill Level 1 worker because of fabric variation, or

 

(i)         intermediate non-machine tasks require skills to perform a sequence of related tasks.

 

15.        Component Parts

 

The parts of the product which the employee receives in order to perform their job.

 

16.        Machine

 

Any piece of equipment which is powered by an external source, i.e. electricity, steam or compressed air, or a combination of these.

 

Hand tools are not machines and refer to those items which are primarily powered by the employee, eg. scissors, shears, staplers, tagging guns and tape dispensers.

 

17.        Basic Computer Skills

 

Use of the computer to enter, retrieve and interpret data.

 

18.        Complex Tasks

 

Non Make Up Section

 

Tasks which are more difficult to learn and involve a higher level of decision making than Skill Level 2 tasks, whether machine or non-machine.

 

(a)        the application of more than intermediate skills in the setting up, running, monitoring and making adjustments/performs maintenance as required, but not to a standard equivalent to a Skill Level 4 employee, or

 

(b)       inspects, examines and grades raw materials/yams/fabrics etc. and mends by hand or machine consistent with specified quality standards, or

 

(c)        carries out tests which may involve colour matching of yarns/fabrics etc. in a laboratory.  Assessment of the results of tests performed. Makes decisions in the selection of dyes/chemicals, or

 

(d)       capable of understanding recipes, makes decisions and is responsible in the performance of duties including accurate weighing, measurement and selection of chemicals or dyes to specification.

 

Make Up Section

 

(e)        tasks which are more difficult to learn and involve a higher level of decision making than Skill Level 2 tasks, whether machine or non-machine.

 

(f)        complex machine tasks require fabric manipulation skills and knowledge beyond those of a Skill Level 2 worker to perform more difficult tasks or to handle and align the sections while ensuring correct shaping of the end result because of the complexity of combining parts or because of frequent variation in fabrics.

 

19.        Series of Different Operations on a Machine(s) - Make Up Section

 

Performing a sequence of different operations on a machine/s to complete the majority of a complex garment.

 

20.        Variety of Machine Types - Make Up Section

 

Three or more different types of machines which are sufficiently different in their operation to require the exercise of different skills (i.e. a button holer and a button sewer are the same machine type for this purpose whereas a button holer and an overlocker are different machine types).

 

21.        Quality Assurance

 

The overall system and plans used to provide confidence that goods and services will satisfy given requirements.

 

22.        Quality Deviation

 

Departures from a quality standard.

 

23.        Coordinating Role

 

A role which involves responsibility for organising and bringing together the work and resource requirements of a work group or team.

 

24.        Largely independently

 

Where the employee is accountable for own results including:

 

carrying out assigned tasks

 

coordinating processes

 

25.        Whole Garment Machinist or Equivalent Skills - Make Up Section

 

A machinist who works largely independently in producing a complex garment from written specifications and patterns. Examples of "equivalent skills" include:

 

sample machinist

 

a machinist who performs each of the operations required to complete a complex whole garment from specifications

 

a fully multi-skilled machinist who is required to perform any of the operations involved in the making of complex whole garment to specification.

 

26.        Designated Responsibility

 

Identified by management as an employee with a specific role or responsibility.

 

27.        Specialist Operation Skills

 

Specialist operation skills are more difficult to learn and involve a higher level of decision making than Skill Level 3 tasks, whether machine or non machine.  The application of specialist operation skills requires advanced knowledge of the product (e.g. fibres and/or yarns and/or fabrics and/or cloth structure and/or designs and the associated ancillary processes).  An employee at this level operates in a largely independent way and may provide training and/or may be responsible for a department or shift or section of a workplace.  Specialist operation skills involve a level of skill equivalent to those of a Skill Level 4 employee.

 

5.6        Promotion - The entitlement to be graded higher does not apply whilst the employee is undertaking recognised training in higher level tasks and skills. That is, the employee remains at his/her or her existing skill level until the training is completed and meets the relevant competency standard.

 

Promotion from one level to another will be based on the availability of a position at that level and successfully passing a competency test.  A competency test measures the ability of the employee in terms of knowledge and skills required for a particular skill level to a particular standard.

 

Competency tests will be developed either at the company level, industry level or both.

 

5.7        Leading Hand Allowance - An employee appointed by the employer to act as a leading hand shall be paid the amounts in addition to the highest rate prescribed for employees under his/her control as set out in Item 1 of Table 2 - Other Rates and Allowances of Part B.

 

Provided that an employee shall only be entitled to the above prescribed allowance where the employee's skill level grading classification description does not include those skills which reflect the duties of a leading hand as appointed.  There shall be no double counting.

 

5.8        Ancillary Skill Level classifications

 

5.8.1     Forklift Driver and Motor Tow Driver - Rates of Pay -

 

The rates of pay for forklift drivers and motor tow drivers shall be the rate of pay for skill level 3 in Table 1 - Rates of Pay of Part B, Monetary Rates.

 

5.8.2     Pedestrian Forklift Operator - Rates of Pay -

 

Pedestrian Forklift Operator means an employee operating from a standing position adjacent to a self-powered forklift appliance with which loads are handled, either solely or by means of forks or tines mounted on a sliding carriage, or a vertical or near vertical mast, or by such means together with the use of a jib, ram, grab or other attachment.  This definition specifically excludes stillage trucks or other appliances designed to lift or move a pallet or pallets within 30cm of floor level.

 

(a)        When any pedestrian forklift is used for loading or unloading of vehicles or trucks the operator of such pedestrian forklift shall be paid $5.90 less than the rate of pay for skill level 3 in Table 1 - Rates of Pay of Part B, Monetary Rates.

 

5.8.3     High Rise Stacker Operator - Rates of Pay -

 

High Rise Stacker Operator mean an operator of a device known as a high rise stacker where both the operator and the lift send with the load above the floor level of up to 12 metres.

 

A high rise stacker operator in addition to being a qualified forklift driver will have undertaken additional training and be qualified to operate a high rise stacker in accordance with the State Act.  The rates of pay of the High Rise Stacker Operator shall be $14.60 more than the award rate of pay for Skill Level 3 of Table 1 - Rates of Pay of Part B, Monetary Rates.

 

Storeworker - rates of pay

 

5.8.4     Wage Rates

 

Wage per week of 38 hours -	Total minimum award rate
Classification	$
Storeworker Grade 1
On commencement	487.60
After 3 months	495.00
After 6 months	502.60
Storeworker Grade 2	508.40
Storeworker Grade 3	527.10
Storeworker Grade 4	545.70

 

Classifications

 

(a)        Storeworker Grade 1

 

Points of entry

 

1.          New Employee

 

Skills/duties

 

1.         Responsible for the quality of their own work subject to detailed direction.

 

2.         Works in a team environment and/or under routine supervision.

 

3.         Undertake duties in a safe and responsible manner.

 

4.         Exercises discretion within their level of skills and training.

 

5.         Possesses basic interpersonal and communication skills.

 

6.         Indicative of the tasks which an employee at this level may perform are the following:

 

storing and packing of goods and materials in accordance with appropriate procedures and/or regulations;

 

preparation and receipt of appropriate documentation including liaison with suppliers;

 

allocating and retrieving goods from specific warehouse areas;

 

basic operation of VDU or similar equipment;

 

periodic stock-checks;

 

responsible for housekeeping in own work environment;

 

use of non-licensed material handling equipment.

 

Promotional criteria

 

An employee remains at this level they are capable of effectively performing through assessment or appropriate certification, the tasks required of this function so as to enable them to progress to the next level as a position becomes available.

 

(b)        Storeworker Grade 2

 

Points of entry

 

1.          Storeworker Grade 1

 

2.          Proven and demonstrated skills (including as appropriate, appropriate certification) to the level required of this grade.

 

Skills/duties

 

1.         Able to understand detailed instructions and work from procedures.

 

2.         Able to co-ordinate work in a team environment under limited supervision.

 

3.         Responsible for quality of their own work.

 

4.         Posses sound interpersonal and communication skills.

 

5.         Indicative of the tasks which an employee at this level may perform are the following:

 

licensed operation of all appropriate materials handling equipment;

 

use of tools and equipment within the warehouse (basis non-trades maintenance);

 

VDU operation at a level higher than that or an employee at Storeworker 1 level.

 

Promotional Criteria

 

An employee remains at this level until they are capable of effectively performing through assessment or appropriate certification, the tasks required of this function so as to enable them to progress to the next level as a position becomes available.

 

(c)        Storeworker Grade 3

 

Points of entry

 

1.          Storeworker Grade 2

 

2.          Proven and demonstrated skills (including as appropriate, appropriate certification) to the level required of this grade.

 

Skills/duties

 

1.          Understands and is responsible for quality control standards.

 

2.          Possesses an advanced level of interpersonal and communication skills.

 

3.          Competency keyboard skills.

 

4.          Sound working knowledge of all warehousing/stores duties performed at levels below this grade, excercises discretion within scope of this grade.

 

5.          May perform work requiring minimal supervision either individually or in a team environment.

 

6.          Indicative of the tasks which an employee at this level may perform are the following:

 

use of a VDU for purposes such as the maintenance of a deposit storage system, information input/retrieval, etc at a level higher than Grade 2;

 

operation of all materials handling equipment under licence;

 

development and refinement of a store layout including proper location of goods and their receipt and despatch.

 

Employee who is responsible for the supervision of and the responsibility for the conduct of work of up to ten employees.

 

Promotional Criteria

 

An employee remains at this level until they are capable of effectively performing through assessment or appropriate certification, the tasks required of this function so as to enable them to progress to the next level as a position becomes available.

 

(d)        Storeworker Grade 4

 

Points of entry

 

1.          Storeworker Grade 3

 

2.          Proven and demonstrated skills to the level required of this grade.

 

Skills/duties

 

1.          Implements quality control techniques and procedures.

 

2.          Understands and is responsible for a warehouse or a large section of a warehouse.

 

3.          Highly developed level of interpersonal and communication skills.

 

4           Ability to supervise and provide direction and guidance to other employees including the ability to assist in the provision of on-the-job training and induction.

 

5.          Exercises discretion within the scope of this grade.

 

6.          Exercises skills attained through the successful completion of an appropriate warehousing certificate.

 

7.          Indicative of the tasks which an employee at this level may perform are the following:

 

liaising with management, suppliers and customers with respect to stores operations;

 

Detailing and co-ordinating activities of other storeworkers and acting in a leading hand capacity for in excess of ten storeworkers;

 

Maintaining control registers including inventory control and being responsible for the preparation and reconciliation of regular reports of stock movement, despatches, etc.

 

5.8.5     Warehouse employee means an employee:

 

(other than foreperson) performing up to any of the following functions:

 

(a)        Sorting and Storing

 

Assist in unloading trucks, trolleys and other transportation device.  Sort or check goods and take them to appropriate places (bins, shelves, stacks) in warehouse for storage.  Enter on cards or labels.

 

(b)       Order Processing

 

Make up orders to specifications by selecting goods from storage places in warehouse and assembling them for packing or parcelling.  Enter on cards or labels.

 

(c)        Wrapping or Packing

 

Check, pack or wrap assembled goods, address and weigh.  Assist in loading.  Enter on cards or labels.

 

Provided that any person performing more than two of the above functions will be classified as storeman/woman.

 

Provided also that an employee engaged exclusively in sorting and/or storing and/or dispatching of goods partly processed within a workplace and held in a storage area pending further processing within that workplace will be regarded as a warehouse employee.

 

(d)       Provided further that warehouse employee will not include:

 

an employee who in the course of manufacture merely encloses goods in the uniform container or containers in which such goods are ordinarily sold by the manufacture;

 

an employee employed solely in cleaning or labouring duties in or about a warehouse or in connecting with the work or a warehouse employee will not be deemed, by reason only of his/her or her performance of such duties to come within the definitions;

 

a foreperson or other person in charge in such warehouse or place who does not ordinarily work manually therein as a warehouse employee.

 

(e)        Warehouse employees - rates of pay

 

The rates of pay of the warehouse employee shall be $6.00 less than the rates of pay for the storeworker set out in 5.8.4.

 

5.8.6     Assistant foreperson and/or overlooker means an employee appointed as such by the management.

 

5.8.7     Designer - Creative means an employee engaged as such and who in the course of his/her or her employment is required to create original designs and master sketches and may supervise and correct the work of other designers and technical drawers.

 

5.8.8     Designer - Other means an employee engaged as such and who is required to produce master sketches from designs supplied by the employer and in doing so may be required to adapt to correct such designs, or is required to produce original drawings (not being master sketches) or adaptations.

 

5.8.9     Fancy Warper Woolen and Worsted Division means an employee who in the construction of warps containing different counts, shades, qualities or twists of yarn, uses two or more colours or where yarn is of a similar count, shade, quality or twist, three or more colours.

 

5.8.10   Machine Operator and/or Attendant means an employee who in the course of his/her or her duty, is called upon to operate a machine and does not include an employee whose sole duty is carrying material to and from a machine.

 

5.8.11   Recorder means an employee whose main duties are entering of production figures on tickets and/or sheets, weighing and/or classifying the materials and/or making simple book entries.

 

5.8.12   Sewing Machine Mechanic means an employee:

 

(a)        Who has served an apprenticeship as such or who, in the view of the employer and the union, has undergone equivalent training and/or experience, and;

 

(b)       Who is engaged to assemble, adjust, test and lubricate, to dismantle machines and trace faults, to repair and replace mechanisms and be able to make and install a multiplicity of attachments and to use all tools commonly used in the industry, for the correct and efficient operation of all sewing machines; and

 

5.8.13   Textile Mechanic means an employee:

 

(a)        Who has served an apprenticeship as such or who, in the view of the employer and the union, has undergone equivalent training and/or experience, and;

 

(b)       Who possesses a knowledge of yarns, fabrics, cloth structure and designs and the ancillary processes connected with the different types of machinery; and

 

(c)        Who is engaged in maintenance, mechanical adjustments, assembling, dismantling, replacement of parts (other than those parts replaced by machine operators in the course of their normal duties), and to be able to make and install attachments, and to use all tools commonly used in the industry, and setting of different types of machines for their correct and efficient operation, and all things incidental thereto; and

 

5.8.14   Technical Drawer means an employee engaged as such who in the performance of his/her or her duties prepares stencils or films for screen printing by tracing or working from master sketches or similar art work or designs.

 

5.8.15   Textile Mechanic Special Class and Textile Mechanic (Sewing Machine) Special Class means a textile mechanic (as defined) who is principally engaged in servicing and maintaining complex equipment requiring the application of additional knowledge.

 

In this definition complex equipment means textile production equipment with control systems derived from advanced electronic pneumatic, hydraulic or robotic technology.  "Additional knowledge" means knowledge in excess of that of the textile mechanic which has been acquired by the textile mechanic by virtue of:

 

(a)        having had not less than two years' on the job experience as a textile mechanic working mainly on such complex equipment as will enable the textile mechanic to perform such work unsupervised, where necessary and practicable; and

 

(b)       having either the satisfactory completion of a post trade course relevant to that equipment or the achievement of a comparable standard of knowledge by other means, including on the job training and the experience referred to in part (a) hereof, gained a sufficient comprehension or such complex equipment as will enable the textile mechanic to perform such work.

 

Any dispute between an employer and employee as to the classification or not of an employee as textile mechanic-special class or textile mechanic (sewing machine) special class, will be initially discussed between the employer and the union and, if the matter is not resolved, may be referred to a Board of Reference for settlement.

 

5.9        Wool and Basil Rates - Employees who are required to work on pulling sheep skins, pie or piece picking, or any other class of work connected therewith, shall be paid the appropriate rate provided in the Wool Scourers and Carbonisers Award 1987 made pursuant to the Workplace Relations Act 1996 as varied from time to time for the State of New South Wales.

 

Provided that at any time wage rates in the wool sorting, wool store, wool scouring and carbonising departments are higher in the aforementioned Wool Scourers and Carbonisers Award 1987 such higher wage rates shall be paid in lieu of the wage rates prescribed in this award.

 

5.10      Payment by Results Systems -

 

The weekly rates for the purposes of the said clause 13, Payment by Results Systems, shall be the base rate prescribed herein for the classification in which the employee is engaged.

 

Provided that if in any week the weekly earnings for a Payment by Results Systems employee are not greater than the award rate of pay as prescribed by Table 1 for the classification in which the employee is employed, the minimum weekly amount payable shall be the award rate of pay as prescribed in Table 1.

 

6.  Apprenticeship

 

Apprenticeship trades

 

6.1        An employer shall not employ any person who is under the age of 21 years in a declared trade unless the employed person is an apprentice or qualified tradesperson in that trade.

 

6.2        "Apprentice" and "apprenticeship" are given the same meaning as they are defined in the Industrial and Commercial Training Act 1989.

 

6.3        A "declared trade" is defined in Industrial and Commercial Training Act 1989 (as amended). The following are recognised callings relevant to the textile industry:

 

6.3.1     Textile mechanic

 

6.3.2     Textile mechanic - special class (as defined)

 

6.3.3     Textile mechanic - (sewing machine)

 

6.3.4     Textile mechanic - special class (sewing machine) (as defined)

 

6.3.5     Cutter

 

6.4        The number of apprentices which may be employed by any employer at any time in the said trade or trades shall not exceed the proportion of one apprentice for each individual tradesmen employed by such employer in such trade.

 

For the purposes of this clause an employer actually working in the mill shall be deemed to be a tradesman and the number of tradesmen employed at any time shall be deemed to be the average per working day of the number of tradesmen employed at any time shall be deemed to be the average per working day of the number of tradesmen employed during the immediately proceeding period of six months.

 

6.5        Persons may be taken on probation for three months and if apprenticed such three months shall count as part of their period of apprenticeship. The employer shall, within 14 days of employing a probationer, notify the appropriate apprenticeship authority of the employment of such probationer to any of the trades mentioned herein.

 

6.6

 

6.6.1     The term of apprenticeship in the said trades covered by this award, shall be a maximum of four years.

 

6.6.2     any apprentice who cannot complete the full term of apprenticeship before reaching the age of 21 years may serve as an apprentice until completion of the term or until they reach the age of 23 years.

 

6.6.3     any apprentice who is under 21 years of age on the completion of the term of an apprenticeship and who thereafter is employed in the occupation to which they were apprenticed shall be paid at not less than the adult rate prescribed for that classification.

 

6.7        Every indentured apprenticeship shall be in the form prescribed in Schedule E of this award, and shall contain:

 

6.7.1     the names of the parties;

 

6.7.2     the date of birth of the apprentice;

 

6.7.3     the date of commencement of and the term of apprenticeship;

 

6.7.4     the trade to which the apprentice is bound;

 

6.7.5     a covenant by the employer to teach and instruct, or cause to be taught and instructed, the apprentice in the processes of the trade mentioned;

 

6.7.6     a covenant by the parent or guardian and by the apprentice that the apprentice will serve the employer for the term specified (where apprentice is not an adult apprentice).

 

6.7.7     all other conditions of apprenticeship contained in this award.

 

6.8        Subject to the approval of the appropriate State Authority but not otherwise, an indenture of apprenticeship may be superseded or cancelled.

 

6.9        The minimum weekly rates of pay to be paid to apprentices shall be the undermentioned percentages of the weekly rates for Skill Level 4 as prescribed in paragraph 5.4.1 of this award.

 

 

The total wage shall be calculated to the nearest five cents and any fraction of five cents in the result not exceeding two cents shall be disregarded.

 

Provided that the weekly rate for an apprentice shall not less than the rate for a junior of the same age.

 

6.10      No apprentice under the age of 18 years shall be required to work overtime unless they so desires; nor may any apprentice work or be required to work overtime at times which would prevent attendance at technical school as required by this award.

 

6.11      No apprentice under the age of 18 years shall be employed on any shift other than the day shift.  An apprentice over the age of 18 years by mutual agreement may be required to work on an afternoon shift provided such shift work shall not prevent attendance at technical school as required by any statue, award or regulation applicable.

 

6.12      No apprentice shall work under any system of payment by results.

 

6.13      An employer shall not, either directly or indirectly, or by any pretence or device, receive from any person or require or permit any person to pay or give any consideration in the nature of a premium or bonus for the taking or binding of any apprentice or probationer.

 

6.14      Apprentices attending a technical school and presenting reports of satisfactory attendance and conduct shall, at the end of each term, be reimbursed all fees paid by them in respect of any course prescribed.

 

6.15      All apprentices shall be allowed off during working hours they shall attend available classes.  In order to be entitled to the said the apprentice shall produce a card showing his/her attendance at school for the period.

 

Operation of State laws

 

6.16      Any New South Wales statute relating to apprentices is now or hereafter in force or in which any authority with statutory power has issued or may issue any regulation relating to apprentices such statute and such regulations shall operate.

 

Provisions of any statute, award or regulation relating to the attendance of apprentices at technical school during ordinary working hours or to disciplinary powers of apprenticeship authorities over apprentices and employers shall not be deemed to be inconsistent with this award.

 

Annual, sick and bereavement leave

 

6.17      Apprentices shall be entitled to sick, annual and bereavement leave in accordance with the provisions of clauses 28, 35 and 32 of this award respectively.

 

Hours

 

6.18      The ordinary hours of employment of apprentices shall not in each workshop exceed those of the tradesmen.

 

7.  Adult Apprentices

 

7.1        An adult apprentice means a person of 21 years of age or over at the time of entering into an apprenticeship to one of the trades of apprenticeship of the textile industry as prescribed in clause 6 of this award. Subject to this clause, conditions of employment of adult apprentices shall be those prescribed in clause 6 of this award for apprentices under the age of 21 years.

 

7.2        Preference of employment

 

Preference of employment as an adult apprentice should be given to an applicant who is employed in the textile industry.

 

7.3        Period of apprenticeship

 

7.3.1     Subject to this clause and subclause 6.8 of this award, an adult apprentice shall be apprenticed for a period of four years in which period shall be included any period of probation.

 

7.3.2     Where the relevant State Authority approves an application for adult apprenticeship by an applicant who has been employed in the textile industry for at least two consecutive years and the State Authority is satisfied that the applicant has sufficient theoretical and practical knowledge, it may, subject to any conditions it may determine, permit the applicant to advance within the apprentice period by not more than two years.

 

7.4

 

7.4.1     Each adult apprentice shall from the commencement of his/her apprenticeship attend and not be prevented by his/her employer from attending during the apprentice’s ordinary working hours for eight hours every week a suitable technical school for the period of three years or, where the training facilities for apprentices at the technical school attended by such apprentices make it impracticable for their attendance to be for eight hours every week or for a period of three years, then for the number of hours and for the period of any prescribed course (with the minimum of four hours a day a week) as is approved by the organisation’s parties to this award or by the appropriate  State Authority, if such school is available. Wherever in any State a State technical school provides instruction in an apprenticeship trade such State technical school shall be accepted as a suitable school for the purposes of this award.

 

7.4.2     Where a State conducts in a suitable technical school a system of block release technical school training, each adult apprentice shall from the commencement of his/her apprenticeship attend and not be prevented by his/her employers from attending during the apprentice’s ordinary working hours such block release training for a maximum of eight weeks each year for a period of three years on a basis to be arranged between the employer to this award and the relevant State technical education authorities.  Such block release technical school training shall be in lieu of the technical school training prescribed in paragraph 7.4.1 hereof.

 

7.4.3     The appropriate State Authority may reduce the said three year period of adult apprenticeship technical school training to a period of two years where an applicant, prior to the commencement of the apprenticeship, has been employed in the textile industry for at least two consecutive years and the said Authority is satisfied that the applicant has sufficient theoretical and practical knowledge.

 

7.5        Wages of adult apprentices

 

7.5.1     Where a person was employed by an employer in the textile industry immediately before becoming an adult apprentice with that employer, such person shall not suffer a reduction in actual rate of pay by virtue of becoming an apprentice.

 

7.5.2     Subject to paragraph 7.5.1 hereof, the wages of an adult apprentice, including the wages of probationers for apprenticeship, shall be those payable to adult apprentices in Table 1 - Rates of Pay, Part B Monetary Rates.

 

7.5.3     Where the work is performed by an adult apprentice, the minimum rates of pay shall be the undermentioned percentage of the award wage of an employee working at the rate provided in Skill Level 4 as prescribed in paragraph 5.4.1 of this award.

 

 

An adult apprentice who enters their apprenticeship at an advanced stage shall be deemed, for the purpose of calculating the appropriate wage rate, to have completed the period by which they have been advanced.

 

Progress to the next rate of wage shall occur when the balance of the year to which the apprentice has been advanced is completed.

 

7.6        Proportion of apprentices to skilled adults

 

7.6.1     Adult apprentices shall be employed as excess apprentices in accordance with the provisions of subclause 7.2 of this award.

 

7.6.2     Notwithstanding anything elsewhere contained within this award, adult apprentices may be employed in this award subject to approval by the union and the employer, and the relevant state apprenticeship authority.

 

Form of indenture of adult apprenticeship

 

7.7        Each indenture of adult apprenticeship shall be in the form prescribed in Schedule E of this award provided that references to the parent or guardian shall be deleted.

 

7.8        Adult apprentices day/work shift provisions

 

7.8.1     An adult apprentice (other than an apprentice engaged on block release technical school training) shall be employed only on day work during the period they are required to attend technical school as determined in subclause 7.4.1 hereof.

 

7.8.2     an adult apprentice engaged in block release technical school training may be employed on morning, afternoon or night shift except during their periods of attendance on block release training as determined in subclause 7.4.1 hereof.

 

8.  Enterprise Bargaining

 

8.1        The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the textile industry to enhance the career opportunities, quality of working life and job security of workers in the industry.

 

8.2        An employer, employees and the Union may develop an enterprise agreement in accordance with the provisions of this clause and Schedules "A" and "B" to this award or such other procedures that are agreed in writing between the employer and the State Secretary of the Union.  The agreement shall, to the extent of any inconsistency, take precedence over any provisions of this award.

 

8.3        In each workplace in the textile industry seeking to develop an enterprise agreement, an employer, employees and the Union shall establish a consultative committee in accordance with Schedule "A" to this award or such other procedures that are agreed in writing between the employer and the Union.

 

8.4        The basis for the work of the Consultative Committee shall be to consider matters raised by committee members which impact on employees and/or which contribute to the improved operation and efficiency of the enterprise as outlined in subclause 8.1.

 

8.5        The matters raised for inclusion in an enterprise agreement, amongst other things, involve:

 

spread of hours;

 

shift work;

 

job redesign and work organisation;

 

work related childcare;

 

vocational training;

 

English language training;

 

foundation education training;

 

arrangement of leave;

 

operation of payment by results systems;

 

occupational health and safety;

 

leave for special purposes;

 

parental leave;

 

job sharing.

 

8.6        An enterprise agreement shall not act to:

 

reduce the award rate in accordance with clause 5, Rates of Pay;

 

increase the ordinary hours of work in any roster system beyond an average of 38 hours per week;

 

reduce the quantum of penalty rates in accordance with clause 18, Overtime;

 

reduce the quantum of shift penalties in accordance with clause 20, Shifts;

 

reduce the quantum of period of notice in accordance with clause 22, Terms of Engagement;

 

reduce the quantum of annual leave and annual leave loading in accordance with clause 35, Annual Leave;

 

reduce the quantum of sick leave entitlement in accordance with clause 28, Sick Leave;

 

reduce the quantum of holidays in accordance with clause 26, Public Holidays;;

 

reduce the quantum of bereavement leave in accordance with clause 32, Bereavement Leave;

 

reduce the quantum of accident make up pay in accordance with clause 31, Accident Pay;

 

reduce the quantum of unpaid leave in accordance with clause 34, Parental Leave;

 

reduce the quantum of severance pay in accordance with clause 52, Redundancy;

 

reduce the quantum of superannuation contributions in accordance with clause 53, Superannuation;

 

reduce the provisions of clause 13, Payment by Results System and clause 48, Outdoor Workers.

 

9.  Rates For Juniors

 

9.1        The minimum award rates to be paid to junior employees other than apprentices shall be the undermentioned percentages of the weekly award wage for Skill Level 2 as specified in Table 1 - Rates of Pay of Part B.

 

		Base Rate	Supp. Payment	Award Rate
	%	$	$	$
At 16 years of age and under	50
At 16½ years of age	55
At 17 years of age	59
At 17½ years of age	64	(Amounts as set out in Table 1 - Rates of Pay of Part B)
At 18 years of age	69
At 18½ years of age	75
At 19 years of age	80
At 19½ years of age	85
At 20 years of age and over		the appropriate adult rate

 

Provided that the rates of pay for juniors as storemen/women shall be deemed to be adjusted in like manner and with the same operative date in accordance with the increases or decreases awarded to the corresponding junior employees under the relevant State award in force from time to time.  Provided further that junior warehouse employees' rates of pay shall be adjusted in like manner subject to the application of subclause 5.8.5, Warehouse Employees - Rates of Pay, of clause 5, Rates of Pay.

 

9.2        The total wage shall be calculated to the nearest five cents, any fraction of five cents in the result not exceeding two cents to be disregarded.

 

9.3        Changes in rates shall be effective from the beginning of the first pay period to commence after the attainment of the prescribed age.

 

9.4        Notwithstanding anything elsewhere contained in this clause, a junior employee after three years' experience in the textile industry or upon attaining the age of 20 years shall be paid the appropriate rate prescribed for an adult employee in the classification in which he/she or she is employed.

 

10.  Additional Payments

 

10.1      Blending - An employee employed as a blender or blending machine attendant who in the course of duty is required to blend cow hair, goat hair, angora rabbit hair and/or rabbit kemp with other fibres, shall be paid an additional allowance at the rate per week as set in Item 2 of Table 2 - Other Rates and Allowances of Part B whilst so engaged.

 

10.2      Cards - Hand Stripping - An employee engaged in hand stripping of cards shall be paid per complete set the amount set in Item 3 in addition to an employee's ordinary rate of pay which shall be for all purposes of the award.

 

10.3      Dust Chamber - Employees who in the course of their normal duties in any week are called upon to work in a dust chamber in a cotton mill shall be paid the sum as set in Item 4 for that week.

 

10.4      Dye House - Bleach House - Employees engaged in dye houses, operators of machines in the wool scouring and wet finishing departments, employees working on liquor tanks in bleaching departments, employees working in the colour kitchen or employees engaged in the washing of screens shall be paid an additional allowance per week as set in Item 5.  In addition, employees also engaged in the loading or unloading of Kiers or entering vaporloc machines shall be paid a further additional allowance per week as set in Item 6.

 

10.5      First-aid Attendant - An employee who is appointed by the employer as a first-aid attendant shall be paid an allowance per week as set in Item 7.

 

10.6      Instructors - An instructor (as defined) shall be paid per week as set in Item 8 which shall be treated as part of his/her or her wage for all purposes of the award except incentive payments.  This extra rate shall not apply to employees covered by clause 14.

 

10.7      Shoddy-Shaking Machines - Employees engaged on any type of shoddy-shaking machines in the course of duty shall be paid an additional amount at the rate per week as set in Item 9 as dirt money whilst so engaged.

 

10.8      Size Troughs - Sewing Threads - Polisher machine operators engaged in the cleaning of size troughs and brushes in the sewing thread section shall be paid an additional amount per week as set in Item 10.

 

10.9      Soda-Ash - Employers shall provide proper facilities for the protection of employees engaged in loading and unloading soda ash from delivery vehicles by hand.  In the event of such facilities not being so provided, the employer shall pay each employee whilst so engaged the sum per hour extra as set in Item 11.

 

10.10    Unwashed Rags - Employees sorting unwashed rags shall be paid the sum as set in Item 12 per week as a special allowance.

 

10.11    Waste Room - Willey Hands - Willey hands in waste room shall be paid per week as set in Item 13 in addition to ordinary rates.

 

10.12    Wool Scouring Pits - An employee required to clean wool scouring pits which are in an unusually dirty and/or offensive condition shall be paid at double ordinary rates whilst employed in the cleaning of the pits.

 

10.13    Wool Waste and Rags - Picking Over - For picking over bales of wool waste or rags which are in an offensive or obnoxious condition, an employee shall be paid per bale as set in Item 14, in addition to his/her ordinary pay.

 

10.14    Flax Scutcher - Employees operating flax scutchers, tow on breaker and finisher cares shall be paid an additional allowance at the rate per week as set in Item 15.

 

10.15    Weekly allowances shall be calculated to the nearest 10 cents, any fraction below five cents to be disregarded, provided that the allowances contained in this clause shall be calculated to the nearest cent, any fraction below half a cent to be disregarded.

 

11.  Payment of Wages

 

Wages shall be paid as follows:

 

11.1      Employees who actually works 38 ordinary hours each week - In the case of an employee whose ordinary hours of work are arranged in accordance with paragraphs 16.2.1 and 16.2.2 so that the employee works 38 ordinary hours each week, wages shall be paid weekly, fortnightly or monthly according to the actual ordinary hours worked each week, fortnight or month.

 

11.2      Employees who work an average of 38 ordinary hours each week - Subject to subclause 11.3 hereof, in the case of an employee whose ordinary hours of work are arranged in accordance with paragraphs 16.2.3, 16.2.4 and 16.2.5, so that the employee works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly, fortnightly or monthly, according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.

 

SPECIAL NOTE: Explanation of Averaging System - As provided in this subclause, an employee whose ordinary hours may be more or less than 38 in any particular week of a work cycle, is to be paid wages on the basis of an average of 38 ordinary hours so as to avoid fluctuating wage payments each week.  An explanation of the averaging system of paying wages is set out below:

 

(1)        Clause 16, Implementation of 38-Hour Week, provides in paragraphs 16.2.3 and 16.2.4 that in implementing a 38-hour week the ordinary hours of an employee may be arranged so that the employee is entitled to a day off, on a fixed or rostered day basis, during each work cycle.  It is in these circumstances that the averaging system would apply.

 

(2)        If the 38-hour week is to be implemented so as to give an employee a day off in each work cycle this would be achieved if, during a work cycle of 28 consecutive days (that is, over four consecutive weeks) the employee's ordinary hours were arranged on the basis that for three of the four weeks they worked 40 ordinary hours each week and in the fourth week the employee worked 32 ordinary hours.

 

In such a case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the employee shall be the average weekly wage rates set out for the employee's classification in clause 5, Rates of Pay, and shall be paid each week even though more or less than 38 hours are worked that week.  In effect, under the averaging system, the employee accrues a credit for each day the employee works actual ordinary hours in excess of the daily average of which would otherwise be 7 hours 36 minutes. This credit is carried forward so that in the week of the cycle that the employee works on only four days, the actual pay would be for an average of 38 ordinary hours even though that week the employee works only a total of 32 ordinary hours. Consequently, for each day an employee works eight ordinary hours they accrue a credit of 24 minutes (0.4 hours).  The maximum credit the employee may accrue under this system is 0.4 of an hour on 19 days; that is, a total of 7 hours 36 minutes.

 

(3)        Clause 16, Implementation of 38-Hour Week, provides in paragraph 16.2.5 that in implementing a 38-hour week an employee may accrue rostered days off to a maximum of six days. In such cases, the averaging system as detailed in 11.2 herein applies.

 

(4)        As provided in subclause 11.3 of this clause, an employee will not accrue a credit for each day they are absent from duty other than on annual leave, long service leave, public holidays, paid sick leave, accident pay, bereavement leave or jury service.  When an employee is absent from duty because of annual leave, long service leave, public holidays, paid sick leave, accident pay, bereavement leave or jury service, the entitlement is determined in accordance with the appropriate award provision dealing with such entitlements.

 

(5)        Where in establishments the 38-hour week is implemented in accordance with paragraphs 16.2.3, 16.2.4 and 16.2.5 hereof and where payment is made in accordance with this clause , an employee who works an afternoon or night shift who is entitled to payment of shift allowance as provided by clause 20, Shifts, shall accrue a credit of a shift allowance in direct proportion to the ordinary hours accrued for the purpose of a rostered day off.

 

11.3      Absences from Duty -

 

11.3.1   An employee whose ordinary hours are arranged in accordance with paragraphs 16.2.3, 16.2.4 and 16.2.5 and who is paid wages in accordance with subclause 11.2 hereof and is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, accident pay, bereavement leave or jury service) shall, for each day absent, lose average pay for that day calculated by dividing their average weekly wage rate by five.

 

An employee who is so absent from duty for part of a day shall lose average pay for each hour or part thereof they are absent at an hourly rate calculated by dividing the average daily pay rate by eight.

 

11.3.2   Provided further, when such an employee is absent from duty for a whole day without payment the employee will not accrue a credit because they would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which they would otherwise have been paid. Consequently, during the week of the work cycle the employee is to work less than 38 ordinary hours they will not be entitled to average pay for that week.  In that week, the average pay will be reduced by the amount of the credit the employee does not accrue for each whole day during the work cycle they are absent.

 

The amount by which an employee's average weekly wage will be reduced when absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, bereavement leave, jury service or any stand downs by the employer), is to be calculated as follows:

 

Total of credits not	x	average weekly pay
accrued during cycle		38

 

Examples - An employee's ordinary hours are arranged so that he/she works eight ordinary hours on five days of each week for three weeks and eight ordinary hours on four days of the fourth week.

 

(1)        Employee takes one day off without authorisation in first week of cycle:

 

Week of Cycle		Payment
1st week	=	average weekly pay less one day's pay
(i.e., less 1/5th)
2nd and 3rd weeks	=	average weekly pay each week
4th week	=	average weekly pay less 0.4 hours x
		average weekly pay
		38

 

(2)        Employee takes each of the four days off without authorisation in the fourth week:

 

Week of Cycle		Payment
1st, 2nd and 3rd weeks	=	average weekly pay each week
4th week		average weekly pay less 4/5th of average weekly
	=	pay for the four days absent less total of credits
		not accrued that week
	=	1/5th average weekly pay less 4 x 0.4 hours		x
		average weekly pay
		38
	=	1/5th average weekly pay less 1.6 hours
		average weekly pay		x
		38

 

11.4      In establishments where wages are paid weekly, fortnightly or monthly (when it is pay week) such payment shall be made not later than Thursday excepting the Easter Holiday period when wages shall be paid on the Wednesday prior to Easter; provided that shift workers finishing work on Friday mornings shall be paid their wages before ceasing work.

 

11.5      Wages shall be paid during working hours. Any employee kept waiting for wages beyond the ordinary working hours shall be paid at overtime rates for such waiting time.

 

11.6      The provisions of subclauses 11.4 and 11.5 of this clause shall not have application in circumstances where it is not reasonably practicable for a Company to comply with its obligations thereunder on account of causes for which it cannot reasonably be held responsible.  Proof of the existence of such a circumstance shall be upon the Company. In such circumstances, the Company shall pay wages as soon as it is reasonably practicable for it to do so.  Provided further that if an employee is stood down on the normal payday the employee may collect their wages without being entitled to a penalty payment for that attendance pursuant to subclause 22.7 of the award.

 

11.7      Where the services of an employee are terminated, their wages shall be paid on the day of dismissal or forwarded by post on the day arranged in accordance with paragraphs 16.2.3, 16.2.4 and 16.2.5.  If the employee is paid average pay and they have not taken the day or days off due, during the work cycle in which their employment is terminated, the wages due to the employee shall include the total of credits accrued during the work cycle as detailed in the Special Note following subclause 11.2; provided further that where the employee has taken a day or days off during the work cycle in which their employment is terminated, the wages due to that employee shall be reduced by the total of credits which have not accrued during the cycle.

 

11.8      Not more than two days pay of each employee shall be kept in hand by an employer.

 

11.9      Payment of wages is to be made on the day before a holiday if a holiday falls on the pay day.  Provided that such payment may not include overtime, piecework and/or bonus earnings earned on the last day preceding a holiday.  These payments may be made on the subsequent pay day.

 

11.10    On or prior to pay day the employer shall notify each employee in writing of:

 

11.10.1 the gross amount of wages inclusive of overtime and other earnings;

 

11.10.2             the amount paid as overtime or such information as will enable the amount paid as overtime to be calculated by the employee;

 

11.10.3 the amount paid for payment by results work;

 

11.10.4 the amount paid for payment for supplementary payment, if applicable;

 

11.10.5 the amount paid as shift allowance, if applicable.

 

11.10.6             details of make-up of payment made in respect of annual leave when leave is taken or on termination of employment;

 

11.10.7 the amount deducted for taxation purposes;

 

11.10.8 particulars of all other deductions;

 

11.10.9 the net amount paid; and

 

11.10.10           the amount of weekly superannuation contribution paid by the employer each week in accordance with clause 53, Superannuation, unless some other method has been agreed in writing between the respondent employer and State Secretary of the Union.

 

The notice detailing the above particulars shall remain the property of the employee.

 

11.11    Where an employer and a simple majority of employees agree, the employees may be paid wages by cheque or by direct payment into the employee's bank account without a requirement for the employer to provide encashment facilities. Any employee who receives payment of wages through the use of a cheque or any electronic transfer system shall, if wages are not available for encashment by the assigned date, be entitled to the following compensation:

 

11.12    Payment of 7.6 hours at ordinary-time rate of pay for each day of delay in receipt of wages provided the foregoing shall not apply if any delay is due to a problem outside the employer's or agent's control or responsibility.

 

11.12.1             This provision shall only relate to late payment situations and will have no application where miscalculation of wages and/or allowances have occurred through clerical error.

 

11.12.2             The onus of advising and proving the late payment or entry shall be with the employee.  In any case an employer shall not be liable for more than 15.2 hours at ordinary rate of pay.

 

11.13    Wages may be paid fortnightly or monthly subject to agreement being reached with the employee.

 

11.14    Calculation of Hourly Rate - Except as provided in paragraph 11.3.1 of this clause, hourly rates shall be calculated by dividing the appropriate weekly rate by 38.

 

12.  Deductions from Wages

 

12.1      Except as provided in subclause 12.2 of this clause no deductions shall be made from the wages of any employee for any purpose except with the written consent of the employee or by reason of statutory compulsion or any order of a court.

 

12.2      An employer shall have the right to deduct from an employee's wages any monies overpaid through clerical and/or computer error.  The method to recover such overpayment shall be mutually agreed between the employer and the employee, provided further that where an employee subsequently leaves or is discharged from the service of the employer, the employer may deduct from whatever remuneration is payable upon the termination of the employment an amount equal to the amount of overpayment.

 

12A.  Deduction of Union Membership Fees

 

12A.1  The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

12A.1.1            the employee has authorised the employer to make such deductions in accordance with subclause 12A.2 herein;

 

12A.1.2            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;

 

12A.1.3            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

 

12A.1.4            there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).

 

12A.2  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.

 

12A.3  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:

 

12.A.3.1           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

 

12.A.3.2           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.

 

12A.4  Where an employee has already authorised the deduction of Union membership fees in writing from his/her 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.

 

12A.5  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 or monthly as the case may be.  The Union shall give the employer a minimum of two months' notice of any such change.

 

12A.6  An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

12A.7  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/her 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.

 

13.  Payment By Results Systems

 

13.1      Commitment to payment by results - piece work and/or bonus

 

Parties to this award are committed to the development of a payment by results system which is compatible with the skills based classification structures as outlined in clause 5 of this award and which contributes to the efficiency of the enterprise.

 

13.2      Operation of payment by results systems - piece work and/or bonus

 

An employer may maintain, alter or institute a system of individual and/or group payment by results subject only to the provisions and limitations set out in this clause.

 

13.3      Payment by results earnings

 

13.3.1   The employer must calculate the minute pay rate for each standard time minute by dividing the total award rate for the appropriate skill level by 2280 wherever appropriate.

 

13.3.2   An employer may depart from clause 13.3.1 only with the consent of the relevant state secretary of the union, or their nominee.

 

13.3.3   Where an employer is currently paying a bonus minute rate higher than the above, the higher rate must continue to be applied and must be increased in accordance with any variation in the relevant skill level wage rate.

 

13.3.4   An employer must calculate the payment by results earnings of an employee in accordance with clause 13.3.1 or 13.3.3 of clause 13.3 by multiplying the minute pay rate by the excess of the standard time produced over real time worked under payment by results.

 

13.3.5   An employer must pay the employee their payment by results earnings calculated in accordance with clause 13.3.1 or 13.3.3 of clause 13.3. in addition to the total award rate appropriate to their skill level.

 

13.3.6   Where an employee earns payment by results earnings for work performed in any day, such earnings must be credited to the employee and must not be reduced because the employee fails to earn payment by results earnings in any other day.

 

13.3.7   A junior or an apprentice employed under clauses 6 and 9 and  respectively of this award must have their task set and be deemed to be producing bonus minutes when they have produced that number of minutes in proportion to the ordinary daily adult task or number of minutes as their rate of pay is in proportion to the appropriate adult award rate.

 

13.3.8   Payment by results employees must for the period they are employed at their occupation, be paid the payment by results rates applicable to their skill level and the time rate for their skill level for any period during which they are prevented from working at their payment by results rates because of machine breakdown, shortage of materials or lack of work, or transfer to other duties for which no payment by results rates are available or at which the operators are insufficiently skilled to earn in excess of their skill level time rates.

 

13.3.9   An employer subject to the provisions of clause 13.4 of this clause may fix or alter a time standard in respect of any article, provided such time standard is set to enable adult employees of average capacity in any given period to earn at least 15% more than the total award rate for their respective skill level.

 

13.4      Time standards

 

An employer must calculate the time standard allowed for the performance of work according to the following:

 

13.4.1   An employer must consult with the payment by results employees and union representative(s) prior to the finalisation of any time standard fixed under this clause and must provide to those employees and the union representative(s) the basis upon which the payment by results system is calculated, including the appropriate allowances and the likely weekly earnings on such time standard.

 

On application by the national secretary or state secretary of the union, the employer must make available the basis of such a system.

 

13.4.2   Once a time standard has been fixed under this clause, it must not be altered except where any of the following circumstances occur:-

 

there is a change in the manufacturing methods;

 

there is a change in the machines or equipment or materials used;

 

to correct an agreed error in the existing time standard;

 

by agreement between the employer, the payment by results employees, and the union representative(s)

 

13.4.3   An employer must clearly display a copy of the time standard for each payment by results operation in each work area in each enterprise.  The copy of the time standard must be updated within twenty-four hours of any changes to the time standards.

 

13.4.4   Once a time standard has been fixed under this clause, it must be recorded in a register and signed and dated by the employer and union representative(s)

 

13.4.5   The employer must also display in each work area in each enterprise a conversion table to enable an employee to convert time standards into monetary amounts.

 

13.5      Where an employee has worked part of the week on payment by results; they will be entitled to their earnings in full for the actual time worked on payment by results if the earnings are higher than the appropriate award rate for such time.

 

13.6      As far as practicable, different grades of work will be equitably divided between payment by results employees.

 

13.7      An employee operating under this clause who also instructs a trainee(s) must receive in addition to payments by results earnings other amounts for the first, second, third and subsequent weeks. These additional payments are set out in Table 2 - Other Rates and Allowances.

 

Provided that the amounts contained in subclause 13.7 will be calculated to the nearest 10 cents, any fraction below 5 cents to be disregarded.

 

13.8      Weavers on commencing a warp must be provided with a ticket on which will be entered particulars of the class of work, the number of picks per centimetre length of cut, speed of loom and the price per cut.

 

13.9      An employee operating under a piecework system (adult or junior) called upon to perform work before the usual starting time or after the usual finishing time on any day Monday to Friday inclusive must be paid in addition to their normal payment by results.

 

13.9.1   for the first three hours on any one of such days - at the rate per hour equivalent to one-seventy-sixth of the weekly award rate prescribed for an adult employee employed on the same work;

 

13.9.2   for any overtime extending beyond such three hours - at the rate per hour equivalent to one-thirty-eighth of the weekly award rate prescribed for an adult employee employed on the same work.

 

Juniors under eighteen years of age, who work overtime extending over ten hours in any week, must, for any overtime beyond such ten hours, be paid the rate prescribed by paragraph 13.9.2.

 

13.10    If the union claims that any employer has wrongly based a payment by results rate on the time for juniors, it may submit such claims to the relevant Industrial Committee.

 

13.11.   Training

 

An employer implementing a payment by results system under this clause must provide each employee with appropriate training to ensure that individual performance is the only variable distinguishing employees within a skill level in this award.

 

14.  Mixed Functions

 

An employee engaged for more than one half of the day or shift on duties under this or any other award or determination or industrial agreement carrying a higher award rate than his/her or her classification shall be paid the higher rate for such day or shift.  If for less than one half of one day or shift, he/she or she shall be paid the higher rate for the time so worked.

 

15.  Hours of Work

 

15.1      Subject to clause 16, Implementation of 38-Hour Week, and clause 17, Procedures for In-plant Discussions, and subject to the exceptions hereinafter provided, the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases:

 

15.1.1   38 hours within a work cycle not exceeding seven consecutive days; or

 

15.1.2   76 hours within a work cycle not exceeding 14 consecutive days; or

 

15.1.3   114 hours within a work cycle not exceeding 21 consecutive days; or

 

15.1.4   152 hours within a work cycle not exceeding 28 consecutive days; or

 

15.1.5   160 hours within a work cycle not exceeding 28 consecutive days in establishments where the method of banking of rostered days off have been agreed to.

 

15.2      The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week, Monday to Friday (other than seven-day continuous shift workers).

 

15.3      The ordinary hours of work for day workers prescribed herein shall be worked continuously, except for meal breaks, at the discretion of the employer between 7.00 a.m. and 7.00 p.m. and by shift workers (not being seven-day continuous shift workers) in not more than five shifts in accordance with the provisions of clause 20, Shifts.

 

15.4      The ordinary hours of work prescribed herein shall not exceed 10 on any 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 the agreement of the employer and the majority of employees in the plant or section or sections concerned.

 

15.5      The usual starting and/or finishing time in any factory or part thereof shall not be altered except on seven days notice to the appropriate shop steward or representative of the Union.

 

15.6      Where the ordinary hours of work on any specified day do not exceed six hours, these hours may be worked without a meal break by agreement of the majority of employees and the employer concerned, subject to the provisions of subclause 39.11.

 

16.  Implementation of 38-Hour Week

 

16.1      Ordinary hours of work shall be 38 or an average of 38 per week as provided in clause 15, Hours of Work, clause 20, Shifts, and clause 21, Seven-day Continuous Shift Work.

 

16.2      Except as provided in subclauses 16.4 and 16.5 hereof the method of implementation of the 38-hour week may be any one of the following:

 

16.2.1   by employees working less than eight ordinary hours each day;  or

 

16.2.2   by employees working less than eight ordinary hours on one or more days each week;  or

 

16.2.3   by fixing one day on which all employees will be off during a particular work cycle;  or

 

16.2.4   by rostering employees off on various days of the week during a particular work cycle so that each employee has one day off during that cycle;  or

 

16.2.5   by accruing an entitlement to rostered days off up to a maximum of seven days and thereby averaging 38 hours over a period not exceeding six months.

 

16.3      In each plant, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned, such method may be altered by mutual agreement.

 

16.4      Subject to the provisions of subclause 15.4, and paragraph 21.11, the employer and majority of employees in the plant or section or sections concerned may agree that the ordinary working hours are to exceed eight on any day, thus enabling a day off to be taken more frequently than would otherwise apply.

 

16.5      Circumstances may arise where different methods of implementation of a 38-hour week apply to various groups or sections of employees in the plant or establishment concerned.

 

16.6      Notice of Days Off -

 

16.6.1   Except as provided in subclause 16.7 hereof, in cases where by virtue of the arrangement of his/her ordinary working hours an employee in accordance with paragraphs 16.2.3, 16.2.4 and 16.2.5 hereof, is entitled to a day or days off during his/her work cycle, such employee shall be advised by the employer at least four weeks in advance of the day or days he/she is to take off.

 

16.6.2   Where a system of working is adopted to allow one rostered day off in each four-week cycle or the banking of rostered days off an employee shall not be entitled to more than 12 such rostered days off in any 12-month period.

 

16.7      Substitute Days - The day or days scheduled to be the day or days off in accordance with paragraphs 16.2.3, 16.2.4 and 16.2.5 hereof may be worked as an ordinary day or days without penalty when substituted by another day or days by agreement between the employer and the employee concerned or where a number of employees are concerned by agreement between the majority of the employees.

 

17.  Procedures for In-Plant Discussions

 

17.1      Procedures shall be established for in-plant discussions, the objective being to agree on the method of implementing a 38-hour week in accordance with clauses 15, 16, 20, and 21 and entailing an objective review of current practices to establish where improvements can be made and implemented.

 

17.2      The procedures should make suggestions as to the recording of understandings reached and methods of communicating agreements and understandings to all employees, including the overcoming of language difficulties.

 

17.3      The procedures should allow, for the monitoring of agreements and understandings reached in-plant.

 

17.4      There shall be an ongoing character attached to the review of practices to establish where improvements can be made and implemented.

 

18.  Overtime

 

18.1      Payment for Working Overtime - Except as provided in clause 21 for all work done outside ordinary hours the rate of pay shall be time and a half for the first three hours and double time thereafter, such double time to continue until the completion of the overtime work. For the purpose of this clause ordinary hours shall mean the hours worked in an establishment in accordance with clauses 15, 16, 17 and 20.  Provided that the ordinary hours of a night shift finishing on Saturday morning shall not be subject to overtime rates.

 

18.1.1               Provided further that an employee required to work overtime on a Saturday shall be afforded at least three hours work or paid for three hours at the appropriate rate except where such overtime is continuous with a shift or rostered work period or overtime commenced on the day previous. The hourly rate, when computing overtime, shall be determined by dividing the appropriate weekly wage by 38, even in cases when an employee works more than 38 ordinary hours in a week.

 

18.1.1(i)           The 38 ordinary hours of work each week may be worked in four days without incurring overtime penalties provided that the hours on any day shall not exceed 10 and provided the provisions of paragraph 20.1.5(iii) of clause 20, Shifts, are observed and provided further that mutual agreement is obtained.

 

18.2      Employees required to work overtime for more than two hours without being notified on the previous working day or earlier that they will be required to work shall be paid a meal allowance as set out in Item 17 of Table 2 - Other Rates and Allowances of Part B.  When the employee so requests, such payment shall be made before the overtime is worked. If the notice is given and overtime is not worked (except as a result of a breakdown in machinery or plant) the meal allowance prescribed herein shall be paid. An employee who was required to work overtime of not less than two hours and was notified the previous day, but subsequently is informed on the following day that overtime is not required, shall be paid one hour's pay at the rate of time and one-half.

 

18.2.1               Irrespective of whether or not a meal allowance is paid as a result of working overtime a second meal break shall be taken not later than four hours after the completion of the first meal break where such overtime continues after the second meal break.

 

18.3      Employees under 18 years of age required to work overtime shall be paid overtime at the rate of time and one-half to a maximum of three hours in any one day Monday to Saturday inclusive and 10 hours in one week, and double time thereafter.

 

18.4      Employees under the age of 16 years shall not work overtime for more than two hundred hours in a calendar year. Provided that further overtime shall be allowed when the Union cannot supply competent and suitable labour, and the consent of the Union is first obtained.

 

18.5      Rest Period After Overtime - When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.

 

18.5.1               An employee who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that he/she has not had at least 10 consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

If on the instructions of his/her employer such an employee resumes or continues work without having had such 10 consecutive hours off duty the employee shall be paid at double rates until released from duty for and shall then be entitled to be absent until he/she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

18.5.2               The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for 10 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 a shift worker is required to replace such shift worker; or

 

(iii)       where a shift is worked by arrangement between the employees themselves.

 

18.6      Call Back - An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid a minimum of three hours work at the appropriate rate for each time so recalled. Provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three hours if the job the employee was recalled to perform is completed within a shorter period.  This subclause shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of subclauses 18.2 and 18.5 of this clause where the actual time worked is less than three hours on such recall or each of such recalls.

 

18.7      Requirement to work reasonable overtime

 

18.7.1               Subject to paragraph 18.7.2 an employer may require an employee to work reasonable overtime. The method of remuneration for such overtime shall be at overtime rates or by agreement in accordance with clause 19, Time Off in Lieu of Overtime.

 

18.7.2               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.

 

18.7.3               For the purposes of paragraph 18.7.2 what is unreasonable or otherwise will be determined having regard to;

 

(a)        Any risk to employee health and safety;

 

(b)       The employee’s personal circumstances including any family and carer responsibilities;

 

(c)        The needs of the workplace or enterprise;

 

(d)       The notice (if any) given by the employer of the overtime and by the employee of his/her or her intention to refuse it; and

 

(e)        Any other relevant matter.

 

18.7.4               The organisation party to this award shall not in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with this subclause.

 

18.7.5               Transport of Employees - when an employee, after working overtime or a shift for which they have not been regularly rostered, finishes work at a time when the usual or other reasonable means of transport are not available, the employer shall provide the employee with transport home or pay the employee's ordinary wages for the time reasonably occupied in reaching their home.

 

19.  Time Off in Lieu of Overtime

 

19.1      Such arrangements shall be done on an individual basis, i.e., agreement must be reached between an individual employee and the employer.

 

An employee retains the choice of working overtime for time off in lieu or overtime for payment.

 

19.2      Substitute time may be banked to a maximum of 38 hours at any one time.

 

19.3      Overtime hours worked on Monday to Friday will qualify for an equal number of ordinary hours time off, e.g., 4 hours worked equals 4 hours off.

 

19.4      Overtime hours worked on Saturdays will accrue at the rate of time and a half for the first 3 hours worked, and double time for each subsequent hour.

 

19.5      Overtime hours worked on Sunday will accrue at the rate of double time for each hour worked.

 

19.6      Time off that is accrued is to be paid at the current rate of pay when taken.

 

19.7      If called upon to work at any agreed time-off period the following shall apply:

 

19.7.1   the employer and the employee may agree upon an alternative period of time to be taken off in substitution; or

 

19.7.2   if there is no agreement to an alternative period of time to be off in substitution, then the following shall apply:

 

(i)         employees shall be paid at the appropriate overtime rate for that period of the time accrued worked; and

 

(ii)        the time banked will remain unchanged.

 

19.8      Any untaken accrued time off shall be taken and paid for at the time of taking the annual leave or other mutually agreed period or upon termination.

 

20.  Shifts

 

20.1      The following shifts may be worked in the industry:

 

20.1.1   "Day shift" shall mean a shift worked between the hours of 7.00 a.m. and 7.00 p.m. provided that in cases where employees are required to work overtime commencing at 6.00 a.m. for a period exceeding four consecutive weeks they shall be deemed to be engaged on a "morning shift".

 

20.1.2   "Morning shift" shall mean a shift commencing at 6.00 a.m.

 

20.1.3   "Afternoon shift" shall mean a shift finishing time after 6.00 p.m. but not later than midnight.

 

20.1.4   "Night shift" shall mean a shift finishing time which shall be after midnight but not later than 8.00 a.m.

 

20.1.5   "Permanent night shift" shall mean a shift which is applicable to an employee who:

 

(i)         during a period of engagement works night shift only; or

 

(ii)        remains on night shift for a longer period than four consecutive weeks; or

 

(iii)       works on a night shift which does not rotate or alternate with another shift or with day work so as to give him at least one-third of his/her working time off night shift in each shift cycle.

 

20.1.6   "Short shift" shall mean a shift of not less than 20 ordinary working hours per week.

 

Provided that to meet extraordinary circumstances, the foregoing hours may be varied by mutual agreement in writing between the employer concerned and the Secretary of the Union.

 

Provided further that by mutual agreement between the employer and the employees and with the concurrence of the Union, the hours of duty prescribed herein for a night shift worker may be worked in four shifts. Under any such arrangement, all hours of duty beyond nine hours, even if they come within the starting and finishing time of a shift, shall be paid for at overtime rates.

 

20.2      Subject to the provisions of this clause employees under 18 years of age are prohibited from working after 11.00 p.m. but shifts for employees under eighteen years of age may be worked between the hours of 6.00 a.m. and 11.00 p.m. subject to the following conditions:

 

20.2.1   Such employees shall in addition to their ordinary rate, be paid per shift (other than a day shift as defined in subclause 20.1 hereof) an amount equal to 15 per cent of one-fifth of the award wage for Skill Level 2.

 

20.2.2   No employees under 16 years of age shall be employed before 7.00 a.m.

 

20.3      Employees eighteen years of age or over engaged on shifts (other than the day shift as defined herein) shall, in addition to their ordinary rates, be paid per shift an amount equal to 15 per cent of one-fifth of the award wage for Skill Level 2 in clause 5, Rates of Pay, irrespective of whether such shift is regarded as morning, afternoon or night shift, whether permanent or rotating.

 

Provided that employees engaged on a permanent night shift shall in addition to their ordinary rate be paid per shift an amount equal to 30 per cent of one- fifth of the award wage for Skill Level 2 in the said clause 5.

 

20.4      As far as practicable, employees shall work shifts in rotation.

 

20.5      Short shifts of employees over eighteen years of age may be worked at the discretion of the employer.  For work done on such shifts, other than the shift as defined in subclause 20.1 hereof, employees shall in addition to their ordinary rate be paid an hourly rate based upon an amount equal to 15 per cent of one-fifth of the award wage for Skill Level 2 in the said clause 4, and the resultant amount to be divided by 8.

 

20.6      All time worked by a shift worker other than a seven-day continuous shift worker as defined between midnight on Sunday and 7.00 am. on Monday shall be paid for at the rate of time and a half for the first three hours and double time thereafter.

 

20.7      Starting the week's hours on a Sunday night any employee who is employed on a Sunday shall, for all time worked on that day be paid at the rate of double time. Provided that where by mutual agreement between an employer and his/her employees and with the consent of the Union, shifts are rearranged to commence on Sunday instead of Monday, ordinary rates shall be paid for Sunday work.

 

20.8      An employee who is required to change from one shift to another without two working days' notice of such change of shifts shall be paid the amount extra as set in Item 18 of Table 2 - Other Rates and Allowances of Part B as compensation, but this shall not apply during any period where power restrictions are operating.

 

20.9      Shift workers may be required to work until the completion of their shifts on holidays without the payment of holiday rates, provided they are not required to work on the night shift commencing on a holiday.  Where a holiday prescribed by this award is observed on a Monday, shift workers may be given time off on the shift commencing on the Sunday night preceding a holiday and in such event shall be required to work on the usual night shift commencing on the holiday without additional pay.

 

Provided further that where an employee works two complete shifts on a holiday, both shifts shall be paid for as holiday shifts.

 

20.10    Except for the regular changeover of shifts, no employee shall be required to change from one shift to another without a break of at least 12 hours.

 

20.11    The additional shift rates fixed in subclauses 20.2, 20.3 and 20.5 hereof shall be calculated to the nearest cent with any fraction of a cent in the result less than half a cent being disregarded.

 

21.  Seven-Day Continuous Shift Work

 

21.1      "Seven-day continuous shift work" means work carried out with consecutive shifts of employees throughout the 24 hours of each of the seven days of the week without interruption except during breakdowns or due to unavoidable causes beyond the control of the employer.

 

21.2      "Sick Pay" - Subject to the provisions of subclause 21.11 where the ordinary hours of a roster provide for a rostered overtime shift then employees shall be entitled to claim sickness benefits at ordinary rates for absences occurring through illness on the rostered overtime shift.

 

21.3      "Overtime" work performed by seven-day continuous shift workers shall be paid at the rate of double time.

 

21.4      Seven-day continuous shift workers for work done on a rostered shift, the major portion of which is performed on a Saturday, shall be paid at the rate of time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift premium elsewhere prescribed.

 

21.5      Seven-day continuous shift workers for work done on a rostered shift, the major portion of which is performed on a Sunday, shall be paid at the rate of double time.  Such extra rate shall be in substitution for and not cumulative upon the shift premium elsewhere prescribed.

 

21.6      Seven-day continuous shift workers for work done on a rostered shift, the major portion of which is performed on a public holiday, shall be paid at the rate of double time. Such extra rate shall be in substitution for and not cumulative upon the shift premium elsewhere prescribed.

 

21.7      A seven-day continuous shift worker who is rostered to work regularly on Sundays and holidays, when his/her rostered day off falls on a public holiday prescribed by this clause shall at the discretion of the employer, be paid for that day at the ordinary rate or have an additional day added to his/her annual leave. This subclause shall not apply when the holiday on which he/she is rostered off falls on a Saturday or Sunday.

 

21.8      In any area where by reason of the legislation of a State, "summer time" is prescribed as being in advance of the standard time of that State, the length of any shift:

 

21.8.1               commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and

 

21.8.2               commencing on or before the time prescribed by such legislation for the termination of a summer time period;

 

shall be deemed to be the number of hours represented by the difference between the time recorded by the clock in each case to be set to the time fixed pursuant to the relevant State legislation.

 

In this subclause the expressions "standard time" and "summer time" shall bear the same meaning as are prescribed by the relevant State legislation.

 

21.9      Save as aforesaid, all the provisions of the award shall apply to seven-day continuous shift workers.

 

21.10    This subclause shall apply to shift workers on continuous work as hereinbefore defined.  The ordinary hours of shift workers shall, average 38 per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days; provided that, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period not exceeding 28 consecutive days.  Subject to the following conditions, such shift workers shall work at such times as the employer may require:

 

21.10.1             A shift shall consist of not more than 10 hours inclusive of crib time.  Provided that in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned.

 

21.10.2             Except at the regular changeover of shifts, an employee shall not be required to work more than one shift in each 24 hours.

 

21.10.3             Twenty minutes shall be allowed each shift for a meal which shall be counted as time worked.

 

21.11    12-Hour Shifts -

 

21.11.1             The ordinary hours of shift workers shall average 38 per week inclusive of crib time and shall not exceed 152 ordinary hours in 28 consecutive days.

 

21.11.2             A maximum of 168 hours may be rostered in 28 consecutive days. These hours shall be rostered on the basis that no employee shall be rostered to work more than 4 consecutive shifts.

 

21.11.3             Payment is to be made on the following basis:

 

Monday to Friday: First 10 hours at ordinary rate plus 2 hours at double time plus shift penalty where appropriate.

 

Saturday: time and a half for all hours worked.

 

Sunday: double time for all hours worked.

 

21.11.4             Shift work arrangements shall be agreed between the employer, employees and the Union in the enterprise or sections concerned.

 

The agreements reached will reflect those arrangements best suited to the work of the enterprise and with due regard to employees' health and safety, including:

 

(i)         roster arrangements;

 

(ii)        supervision;

 

(iii)       health counselling and monitoring.

 

These and other matters are outlined in the Code of Conduct on Twelve-hour Shifts - Schedule C of this award.

 

22.  Terms of Engagement

 

22.1      Contract of Employment - Employment shall be by the week, except in the case of part-time workers.

 

22.2      An employee to become entitled to payment under this award shall be ready, willing and available for work at the times and during the hours usually worked by the employee.

 

Provided that any employee starting work shall be entitled to at least one half day's pay and any pieceworker to one half day's work.

 

22.3      Termination of Employment - Weekly and Part-time Employees -

 

22.3.1               Notice of Termination by Employer -

 

(i)         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 Service Notice
1 year or less	1 week
1 year and up to the completion of 3 years	2 weeks
3 years and up to the completion of 5 years	3 weeks
5 years and over	4 weeks

 

(ii)        If the said notice is given before the first half of any day or shift, then that day or shift shall be counted as part of the notice. If notice is given after the first half of any day or shift then that day or shift shall not be counted as part of the week's notice.

 

(iii)       In addition to the notice in subparagraph 22.3.1.(i) hereof, 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.

 

(iv)      Payment in lieu of the notice prescribed in subparagraphs 22.3.1.(i) and/or 22.3.1.(iii) hereof shall be made if the appropriate notice period is not given.

 

Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(v)       In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had employment not been terminated shall be used. All amounts in respect of overaward payments, overtime in the case of an employee who works overtime on a permanent basis and payments under subclauses 10.2 and 10.6, shall be included.  Except as aforementioned, all amounts in respect of overtime, payment by results systems, shift allowances and all other penalty or special rates shall be excluded.

 

(vi)      The period of notice in this subclause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency, neglect of duty or non-observance of company safety provisions, or in the case of apprentices, or employees engaged for a specific period of time or for a specific task or tasks.

 

(vii)     For the purpose of this subclause, continuity of service shall be calculated in the manner prescribed by subclause 35.5

 

22.3.2               Notice of Termination by Employee - The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned. If an employee fails to give notice the employer shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary-time rate of pay for the period of notice.

 

Provided that after twelve months continuous service an employee on producing evidence satisfactory to the employer may, on compassionate grounds, be not required to give more than one week's notice.

 

Termination by Agreement - When an employer or employee gives notice of termination of employment, the parties may mutually agree to the employment ending before the expiration of the period of notice, and in such cases wages shall be paid only up to the time of agreed termination.

 

22.3.3               Time Off During Notice Period - Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment.  The time off shall be taken at times that are convenient to the employee after consultation with the employer.

 

22.3.4               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 his or her employment and the classification of or the type of work performed by the employee.

 

22.3.5               Summary Dismissals -The employer shall have the right to dismiss any employee without notice for conduct justifying instant dismissal including malingering, inefficiency, neglect of duty or non observance of company safety provisions and in such cases the wages shall be paid up to the time of dismissal only.

 

22.3.6               Unfair Dismissals - Termination of employment by an employer shall not be harsh, unjust or unreasonable.

 

For the purposes of this clause, termination of employment shall include terminations with or without notice.

 

Without limiting the above, except where a distinction exclusion or preference is based on the inherent requirements of a particular position, termination on the ground of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.

 

22.3.7               Disputes Settlement Procedures - Unfair Dismissals - Any dispute or claim arising under paragraph 22.3 (vi) should be dealt with in the following manner:

 

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

 

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

 

(iii)       If the matter is not settled it shall be submitted to the Industrial Committee which shall endeavour to resolve the issue between the parties by conciliation.

 

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

 

22.4      The employer shall have the right to deduct payment for any time the employee cannot be usefully employed because of any strike or through any breakdown of machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

 

22.4.1               Employees may be stood down at any time when no work is offering subject to the following procedure:

 

(i)

 

(a)        Prior to any stand-down there is consultation with the relevant employees including the duration and reason(s) for such stand-down, the number of employees affected and arrangements for on-going communications between the employees, the Textile, Clothing and Footwear Union of Australia (TCFUA) and the employer;

 

(b)        There is agreement between the affected employees and the employer;

 

(c)        The TCFUA is advised prior to the proposed stand-down and details thereof-, and

 

(d)        There is agreement in writing between the relevant State secretary or his or her representative of the TCFUA and the employer prior to the proposed stand-down. The union will not unreasonably delay the process or withhold its agreement.

 

 

 

(ii)        An employer and the relevant State Secretary of the TCFUA or his or her representative may adopt a different procedure in writing than that contained in subparagraph (1) hereof.

 

(iii)       Provided that, when a weekly employee has been given notice of termination, he shall not be stood down when no work is offering.

 

(iv)      Provided also that such standing-down of an employee shall not break the continuity of service for the purposes of annual leave, holidays and sick leave.  Employees cannot be stood down due to a lack of work on a public holiday.  Employees' entitlements in respect of accrual of annual leave, sick leave and public holidays shall not be reduced as a result of being stood down.

 

22.5      Notification of Absence -

 

22.5.1               Subject to paragraph (ii) hereof an employee who is absent from work without the employer's consent for a continuous period exceeding one working day shall on the first day of the absence, if practicable, and in any event within 24 hours of the commencement of such absence or within four hours of the commencement of the next working day or shift inform the employer of the inability to attend for duty and, as far as practicable, state the reason for the absence and the estimated duration thereof.

 

22.5.2               An employee who proves to the satisfaction of his employer that his failure to give the required particulars of an absence was reasonable in the circumstances shall not be in breach of this subclause.

 

22.6      Abandonment of Employment -

 

22.6.1               The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer or without notification to the employer in accordance with subclause 22.5 hereof shall be prima facie evidence that the employee has abandoned their employment.

 

22.6.2               If within a period of 14 days from the employee’s last attendance at work or the date of the last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of the employer that the absence was for a reasonable cause, the employee shall be deemed to have abandoned their employment.

 

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

 

22.7      Power and Other Stoppages - In the case of any power stoppage, or breakdown of machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible, any employee required to attend for work in accordance with this clause and does so attend shall be paid as for at least two hours work at time rates.  This provision will have no application where the employer can demonstrate that an attempt, for example, telephone call, was made to notify the employee of the non-requirement to attend for duty.

 

Provided further that payment shall be made at time rates to an employee who is kept on the employer's premises at the direction of the management in excess of two hours.

 

Where an employee commences work they shall be entitled to be paid as for at least three hours work on that day.

 

22.8      Termination of Employment Prior to Holiday - Where the employer terminates the employment of an employee within two weeks prior to a day on which a holiday occurs, and such employee is re-engaged within a period of one month after such holiday or holidays, the employee shall be paid for such holiday or holidays prescribed by this award, provided that such employee has been employed by the employer for a period of at least two weeks prior to the termination of employment.

 

 

 

22.9      The first month of employment will be on a trial basis and may be terminated by two days notice by either side except during the first week of employment when termination will be by one hour's notice on either side; provided that if the requisite notice is not given during this period the payment or forfeiture of one hour or two days wages, depending upon when termination is effected will be applied.

 

23.  Part-Time Employment

 

23.1      A part-time employee is one engaged for less than 38 hours per week as a day worker or a shift worker.  Such employees may be employed subject to the following conditions:

 

23.1.1   They shall be employed for not less than 19 hours in any week.

 

23.1.2   If time workers, they shall be paid for each hour worked at the rate of at least one thirty-eighth of the minimum weekly wage prescribed by this award for the class of work performed by them and, if payment by results workers, they shall be paid at the appropriate payment by results rate payable under this award but in no case shall any of such employees be paid less than so much of the minimum weekly award wage prescribed by the said award as is proportionate to the time worked by them.

 

23.1.3   The payment or deduction of payment in lieu of notice of termination of employment shall be calculated on a proportionate basis.  For example, where an employee was rostered for 19 hours in the preceding week, then the pro rata amount is 19/38 of the rate of wage for the classification involved.

 

23.1.4   The total provisions of this award as regards annual leave, sick pay and public holidays shall apply to such part-time employees but they shall be paid in respect of the period of such annual leave and sick pay only in proportion to the average number of hours worked each week during the previous six months or, if there is not a six-month period of employment, then the average on the actual period of employment.  Provided that in the case of public holidays a part-time employee shall only be entitled to payment for the number of hours such employee would normally have worked had the day been an ordinary working day.

 

23.1.5   Save as aforesaid, all the provisions of this award shall apply to such part-time employee.

 

24.  Casual Employment

 

24.1      A casual employee is an employee engaged either full-time or less than 38 hours per week to meet short term work demands on the following terms:

 

24.1.1   a 3-hour minimum daily engagement period;

 

24.1.2   an 8-hour minimum engagement in any one week;

 

24.1.3   an 8-week continuous maximum period or 40 working days of employment.  This period can be extended subject to the arrangement being confirmed in writing from the Union;

 

24.1.4   a 4-week break in the employment cycle after completing 24.1.3 above;

 

24.1.5   a ratio of 1:15 or fraction thereof shall apply.  Any changes to this ratio may be negotiated with the Union in accordance with the Enterprise Bargaining clause with the exception that the agreement shall only be required in writing from the Union.

 

24.2      A casual employee shall be engaged by the hour.  Employment shall be terminated by either the giving of one hour's notice by either party or the payment or forfeiture of one hour's wage.

 

24.3      A casual employee shall be paid per hour 1/38 of the weekly award wage prescribed for the relevant classification/wage band plus a loading of 20 per cent.  This payment shall compensate for payment of sick leave, annual leave and public holidays.

 

24.4      The relevant penalty rate shall apply for work performed on Monday to Friday outside the normal span of hours as specified in subclause 15.3 on Saturdays, Sundays and public holidays.

 

24.5      Casual employees shall be entitled to superannuation payments after four weeks service.

 

24.6      Where retrenchments occur, casual employees engaged in the same classification/ occupation will be the first to be terminated.

 

24A.  Secure Employment

 

24A.1. 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.

 

24A.2. Casual Conversion

 

24A.2.1.           A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

24A.2.2.           Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

24A.2.3.           Any casual employee who has a right to elect under paragraph 24A.2.1, upon receiving notice under paragraph 24A.2.2 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.

 

24A.2.4.           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.

 

24A.2.5.           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.

 

24A.2.6.           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 24A.2.3, the employer and employee shall, in accordance with this paragraph, and subject to paragraph 24A.2.3, discuss and agree upon:

 

(a)        whether the employee will convert to full-time or part-time employment; and

 

(b)       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.

 

24A.2.7.           Following an agreement being reached pursuant to paragraph 24A.2.6, 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.

 

24A.2.8.           An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

24A.3. Occupational Health and Safety

 

24A.3.1.           For the purposes of this subclause, the following definitions shall apply:

 

(a)        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.

 

(b)       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.

 

24A.3.2.           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):

 

(a)        consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

(b)       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;

 

(c)        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

 

(d)       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.

 

24A.3.3.           Nothing in this subclause 24A.3 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.

 

24A.4. 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.

 

24A.5. 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.

 

25.  Meal Hours, Meal Intervals and Crib Times

 

25.1      Day Workers - Two-shift Workers -

 

25.1.1   A meal interval of not less than 30 minutes and not more than one hour shall be allowed each day or shift.

 

25.1.2   Unless directed by the employer, no work shall be performed by an employee during the unpaid meal interval.

 

25.1.3   Time and one-half rates shall be paid to any employee required to work during the unpaid meal interval.

 

25.1.4   Where two eight-hour shifts are worked and no meal interval is given, 20 minutes shall be allowed, as opportunity offers, to shift workers each shift for crib, which shall be counted as time worked.

 

25.1.5   Any employee required to work for a period of 12 consecutive hours (including crib breaks) as  normal daily hours of work shall be entitled to two separate paid crib breaks, each of 20 minutes duration, which shall be counted as time worked.

 

25.1.6   No employee shall partake of a meal other than a crib in a production area.  In such cases, proper dining accommodation shall be provided in the production area.

 

25.2      Three-shift Workers - Where three eight-hour shifts are worked and no meal interval is given, 20 minutes shall be allowed, as opportunity offers, to shift workers each shift for crib which shall be counted as time worked, provided that the method of granting crib times may be varied by agreement between the employer and the Secretary of the Union to suit the circumstances of the establishment.

 

25.3      Short Shift Workers -

 

25.3.1               Where a short shift of up to and including five hours is worked, 10 minutes shall be allowed, as opportunity offers, to such short shift workers each shift for a rest break which shall counted as time worked.

 

25.3.2               Where a short shift over five hours and less than eight hours is worked and no meal interval is given, 20 minutes shall be allowed, as opportunity offers, to such short shift workers each shift for crib which shall be counted as time worked.

 

25.3.3               The provisions of subclause 39.11, Tea Break, shall not apply to short shift workers in respect of whom paragraphs 25.3.1 and 25.3.2 of this subclause apply.

 

25.4      No employee shall work for more than five hours without a meal break unless by mutual agreement.

 

25.5      An employee engaged in the maintenance of plant shall, when breakdowns occur, work meal hours at the ordinary rates herein prescribed whenever instructed to do so.

 

25.6      Each employee shall have a meal interval fixed and having been fixed it shall not be altered except by mutual agreement or on seven days notice to a shop steward employed in the mill or factory and, where there is no shop steward, on notice to the Secretary of the Union, or in the event of an emergency such as a power breakdown.

 

26.  Public Holidays

 

26.1.     Subject to the limitations mentioned hereinafter, employees shall be entitled to the following public holidays without deduction of pay (which is the ordinary rate of pay an employee would have received for the hours that they would have worked had the day not been a holiday) on the following days:

 

26.1.1.  New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour day or Labour Day, Christmas Day and Boxing day.

 

26.1.2.  Provided that in addition to the public holidays prescribed above the following days shall be observed: Easter Tuesday shall be observed as a holiday except in years when Anzac Day falls on a Tuesday when the holiday shall be observed on the preceding day or where Anzac Day falls on a Thursday or a Friday in which case the holiday shall be observed on the succeeding working day except on a Saturday or a Sunday.

 

26.2

 

26.2.1   When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

 

26.2.2   When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

 

26.2.3   When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

 

26.3      Where public holidays are declared or prescribed on days other than those set out in 26.1 and 26.2 above, those days shall constitute additional holidays for the purpose of this award.

 

26.4

 

26.4.1   An employer, with the agreement of the union which is party to this award, may substitute another day for any prescribed in this clause.

 

26.4.2

 

(a)        An employer and the employees may agree to substitute another day or any prescribed in this clause. For this purpose, the consent of the majority of affected employees shall constitute agreement.

 

(b)       An agreement pursuant to (a) above shall be recorded in writing and be available to every affected employee.

 

(c)        The union which is party to this award shall be informed of an agreement pursuant to (a) above and may within seven days refuse to accept it. The union will not unreasonably refuse to accept the agreement.

 

(d)       If a union, pursuant to (c) above, refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the employer, the employees and the union.

 

(e)        If no resolution is achieved pursuant to (d) above, the employer may apply to the relevant Industrial Committee for approval of the agreement reached with his/her or her employees. Such an application must be made fourteen or more days before the prescribed holiday.

 

26.5      Public holiday penalty loadings

 

All work done by an employee on the holidays prescribed in subclause 26.1 of this clause shall be paid for as follows, subject to the other provisions of this clause -

 

26.5.1   Time workers - time and a half of the ordinary rate in addition to the ordinary rate.

 

26.5.2   Piece workers - time and a half of the ordinary rate payable to employees on time worked doing the same class of work in addition to such piece work earnings.

 

26.6      Piece workers

 

An employee working under any system of piece work shall be paid for such holidays at the ordinary rate payable to an employee working as a time worker doing the same class of work.

 

26.7      Rostered day off or accumulated time off falling on a holiday

 

In the case of an employee whose ordinary hours of work are arranged in such a manner as to entitle the employee to a rostered day off, the weekday to be taken off shall not coincide with a holiday fixed in accordance with this clause.  Provided that, in the event that a holiday is prescribed after an employee has been given or gives notice of a weekday off and the holiday falls on such weekday, the employer shall allow the employee to take an alternative weekday off in lieu of the holiday.

 

26.8      Termination within twenty-one days of Christmas/New Year and Easter

 

In the case of an employee with at least one months' service with the employer whose services are terminated by the employer through no fault of the employee within twenty one days prior to the Christmas, New Year or Easter holiday(s), the employee shall be paid for any such holiday the amount the employee would have received had employment not been terminated.

 

26.9      Full-time employees working non-standard hours

 

This subclause applies to full-time employees who do not regularly work a five-day, Monday to Friday week.

 

26.9.1               When a prescribed holiday falls upon a day when the employee would not be working in any event the employee shall receive-.

 

(a)        A day’s paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and the employee); or

 

(b)       An additional day's wage.

 

26.9.2               If an employee is rostered to work on the public holiday or its substitute day (except Christmas Day) the employee is entitled to:

 

(a)        If the employee is not required to work on the public holiday the employee shall receive the payment the employee would ordinarily receive for that day and is not entitled to the substituted day off.

 

(b)       If the employee is required to work on the public holiday the employee is entitled to receive the normal rates of pay for working that day and the substitute day as a holiday. (If the substitute day is a non-working day for the employee, the employee would receive the compensation described in paragraph 26.9.1 above.)

 

(c)        If the employee is required to work on the substitute day the employee shall receive the rates of pay for working on a public holiday.

 

26.9.3               If an employee is rostered and required to work on both the "actual" public holiday and its substituted day (this would only occur if the holiday was to fall on a Saturday or a Sunday) the employee would be entitled to:

 

(a)        A day's paid leave to be taken on another day or added to annual leave (to be mutually agreed between the employer and the employee); or

 

(b)       Payment at public holiday rates for the day's work for the substituted day, and payment at the normal rates for Saturday or Sunday for the actual public holiday.

 

26.9.4               Christmas Day Loading

 

If the employees are rostered to work on a Saturday or Sunday that is a Christmas Day and are required to work, the employee shall receive the normal Saturday or Sunday rate plus a loading of one-half of a normal day's wages for the full day's work and be entitled to the substitute day.

 

26.10    Permanent part-time employees (non- casual)

 

Where the normal roster of a part-time employee includes a day that is a holiday, the employee shall receive the normal pay they would have received on that day and enjoy the holiday or receive the appropriate public holiday rate for working whatever hours they work during it.

 

26.10.1             For a part-time employee whose normal roster includes a Saturday or Sunday that would be a prescribed holiday but for the substitution of an alternative day, the following shall apply:

 

(a)        The employee shall be granted leave with pay on the "actual day" without any substitution; or

 

(b)       The employee works on the "actual day" at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day the Christmas Day loading will apply) and is allowed to take another day with pay, which may or may not be the prescribed substitute day, as a holiday; or

 

(c)        The employee works on the "actual day" at normal Saturday or Sunday rates (if the Saturday or Sunday is Christmas Day the Christmas Day loading will apply) and receives, in addition, payment at ordinary time rates for an additional day of equal length (with no substitution of an alternative day).

 

26.10.2             If any of these benefits applies, the employee who works on the prescribed substitute day should do so at ordinary time rates.

 

26.11    Casual employees working on public holidays

 

A casual employee who works on the day prescribed as the public holiday shall be paid the appropriate public holiday pay as described elsewhere in this award.  The employee should receive the ordinary casual rate plus the applicable penalty.  That is, the casual loading of twenty per cent and the prescribed holiday rate for non-casual employees of 2.5 times ordinary rates.  The casual will be paid 2.7 times the ordinary rate for non-casual employees.

 

26.12    Absences before or after public holidays

 

26.12.1             Where an employee is absent from employment on the working day or part of the working day before or the working day or part of the working day after a public holiday or group of public holidays to which the employee is entitled, and such absence is without reasonable cause, proof whereof shall be upon the employee, the employee shall not be entitled to payment for the holiday immediately succeeding or immediately preceding the absence, as the case may be.

 

26.12.2             When an employee is absent through illness or other reasonable cause from their employment for a period exceeding ten working days, the employee shall not be entitled to payment for any holidays occurring during such period of absence.

 

Provided that where an employer consents to an employee having leave beyond the period mentioned, payment shall be made for such holiday or holidays occurring in the period of absence.

 

26.13    Minimum hours of work on a public holiday

 

An employee required to work on a public holiday shall be afforded at least 3 hours work or paid for 3 hours at the appropriate rate except where such work is continuous with a shift or rostered work period or with overtime which commenced on the day previous.

 

27.  Sunday Work

 

27.1      All work done by an employee on a Sunday shall be paid for as follows:

 

27.1.1   A time employee shall be entitled to receive payment for the time worked at their ordinary rate in addition to their ordinary rate.

 

27.1.2   A piece worker shall be entitled to receive payment for the time worked on the basis of the ordinary rate payable to an employee on time work doing the same class of work in addition to the employee's piece work earnings.

 

27.2      An employee required to work on a Sunday shall be afforded at least 3 hours work or paid for 3 hours at the appropriate rate except where such work is continuous with a shift or rostered work period or with overtime which commenced on the day previous.

 

28.  Sick Leave

 

28.1      An employee on weekly hiring who is absent from work on account of personal illness, or on account of injury by accident arising out of and in the course of their employment, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

 

28.1.1   The employee shall not be paid leave of absence for any period in respect of which the employee is entitled to workers' compensation.

 

28.1.2   The employee shall, notify the employer prior to the commencement of work or as soon as it is reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty, and as far as practicable state the nature of the injury or illness and the estimated duration of the absence. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence the employee shall inform the employer within 24 hours of the commencement of the absence.

 

28.1.3   The employee shall prove to the satisfaction of the employer (or in the event of a dispute to the Industrial Committee) 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. For such purpose the employer may require an employee to make a statutory declaration or submit a medical certificate of a duly qualified medical practitioner verifying the cause of their absence.

 

(1)        The employee shall not be entitled during their first sick leave year with an employer (that is, from the date of engagement until 31 December next following) to leave in excess of 38 hours of working time. Provided that during the first sick leave year of any period of service with an employer, the employee shall be entitled to sick leave which shall accrue on a pro rata basis of 3.17 hours of working time for each month of service completed with that employer.

 

(2)        The employee shall be entitled during the second sick leave year of continuous service with an employer to paid leave of absence for not more than 46 hours of working time, subject to any accumulated leave to which the employee may be entitled in accordance with subclause 28.4 hereof.

 

(3)        The employee shall be entitled during the third or subsequent sick leave year of continuous service with an employer to paid leave of absence for not more than 61 hours of working time, subject to any accumulated leave to which the employee may be entitled in accordance with subclause 28.4 hereof.

 

(4)        Sickness On Day Off, etc. -

 

(A)       Where an employee is sick or injured on the weekday the employee is to take off in accordance with paragraphs 16.2.3, 16.2.4 or 16.2.5 the employee shall not be entitled to sick pay nor will their sick pay entitlement be reduced as a result of their sickness or injury that day.

 

(B)       An employee who is absent on the ordinary working day preceding and/or the ordinary working day following a rostered day off shall not be entitled to payment of sick pay for the day or days unless the employee produces to the employer a certificate from a duly qualified medical practitioner. Providing that if satisfactory evidence of sickness or injury acceptable to the employer is produced then the necessity of a medical certificate may be waived.

 

28.2      For the purpose of this clause, a month shall be reckoned as commencing with the beginning of the first day of employment in question and as ending at the beginning of the day which in the latest month in question has the same date number as that which the commencing day has in its month and if there be no such day in such subsequent month, shall be reckoned as ending at the end of such subsequent month.

 

28.3      For the purpose of this clause, service shall also be deemed to be continuous in the case of an employee who is terminated by an employer and is re-engaged within three calendar months by that same employer, in such a case an employee on such re-engagement shall be entitled to any sick leave accumulated during the previous period of employment.

 

28.4      Sick Leave shall accumulate from year to year so that any balance of the period prescribed above which has in any year not been allowed to any employee by an employer as paid sick leave may be claimed by the employee and, subject to the conditions hereinbefore prescribed, shall be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.

 

Provided that sick leave which accumulated pursuant to this subclause shall be available to the employee for a period of 12 years but no longer from the end of the year in which it accrues.

 

28.5      A pieceworker entitled to be paid leave of absence under this clause shall be paid at the time rate applicable to their classification.

 

28.6      For the purpose of this clause, a year shall be deemed to be from the first day of January to 31 December inclusive.

 

28.7      Part-time employees shall, in respect of sick leave, be paid only at the rate actually being received by them at such time.

 

28.8      Transmission of Business - For the purpose only of sick leave entitlements provided in this clause and where a textile industry business is transmitted from an employer to another employer and a worker who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee within one week of such transmission:

 

28.8.1   the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission;

 

28.8.2   the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be employment of the employee with the transmittee;

 

28.8.3   "transmission" for the purpose of this subclause includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding interpretation.

 

29.  Personal Carer's Leave

 

29.1      Use of Sick Leave

 

29.1.1   An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 29.1.3(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 28, 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.

 

29.1.2   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.

 

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

 

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

 

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

 

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

 

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

 

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

 

(f)        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.

 

29.1.4   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 4, Grievance Procedure, should be followed.

 

29.2.     Unpaid Leave for Family Purpose

 

29.2.1   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 29.1.3(ii) above who is ill or who requires care due to an unexpected emergency.

 

29.3      Annual Leave

 

29.3.1   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.

 

29.3.2   Access to annual leave, as prescribed in paragraph 29.3.1 of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

29.3.3   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.

 

29.3.4   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.

 

29.4      Time Off in Lieu of Payment for Overtime

 

29.4.1   For the purpose only of providing care and support for a person in accordance with subclause 29.1 of this clause, and despite the provisions of clause 19, Time Off in Lieu of Overtime the following provisions shall apply.

 

29.4.2   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.

 

29.4.3   Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

29.4.4   If, having elected to take time as leave in accordance with paragraph 29.4.1 of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

29.4.5   Where no election is made in accordance with the said paragraph 29.4.1, the employee shall be paid overtime rates in accordance with the award.

 

29.5      Make-up Time

 

29.5.1   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.

 

29.5.2   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.

 

29.6      Rostered Days Off

 

29.6.1   An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

29.6.2   An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

29.6.3   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.

 

29.6.4   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.

 

29.7      Personal Carers Entitlement for casual employees -

 

(1)        Subject to the evidentiary and notice requirements in 29.1.2 and 29.1.4 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 29.1.3(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.

 

30.  Blood Donors

 

30.1      A weekly employee who attends a recognised clinic for the purpose of donating blood during working hours shall (subject to normal manning requirements) be allowed the necessary leave without loss of pay, provided that he/she shall not be entitled to payment with respect to time lost in excess of two hours on each occasion.  An employee shall notify their employer as soon as possible of the time and date upon which he/she is intending to be absent for the purpose of donating blood.

 

31.  Accident Pay

 

31.1      An employer shall pay and an employee shall be entitled to receive accident pay in accordance with this clause.

 

31.2      Definitions - For the purposes of this clause and subject to the terms thereof the words hereunder shall bear the respective definitions set out hereunder:

 

31.2.1   Workers' Compensation Act means the Workers' Compensation Act 1987 as amended from time to time, and the Workplace Management Injury and Workers Compensation Act 1998 as amended from time to time.

 

31.2.2   Injury - For the purposes of this clause injury shall mean an injury occurring at the place of employment but otherwise shall be given the same meaning and application as applying under the respective Workers' Compensation Act and no injury occurring at the place of employment shall result in the application of accident pay unless an entitlement exists under such respective Act.

 

31.2.3   Accident Pay -

 

(i)         Total incapacity - In the case of an employee who is or is deemed to be totally incapacitated within the meaning of the Act means a weekly payment of an amount representing the difference between, on the one hand, the total amount of compensation, including other allowances, paid to the employee during incapacity pursuant to the Act for the week in question and, on the other hand, the total weekly award rate and weekly overaward payment if any being paid to such employee at the date of the injury giving rise to the said payment of compensation together with or less as, the case may be, any variation in award rates which would have been applicable to the classification of such employee for the week in question if the employee had been performing  normal duties, providing that in making such calculation any payment for overtime earnings, shift premiums, attendance bonus, incentive earnings under any system of payment by results, fares and travelling time allowances, penalty rates and any other ancillary payments payable by the employer shall not be taken into account.

 

(ii)        Partial Incapacity - In the case of an employee partially incapacitated within the meaning of the Act means a weekly payment of an amount representing the difference between, on the one hand, the total amount of compensation paid to the employee during incapacity pursuant to the Act for the week in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the appropriate Accident or Workers' Compensation Tribunal or as agreed between the parties) and, on the other hand, the total weekly award rate and weekly overaward payment if any, being paid to such employee at the date of the injury giving rise to the said payments of compensation together with or less, as the case may be, any variation in award rates which would have been applicable to the classification of such employee for the week in question if he/she had been performing his/her normal duties, providing that any calculation payment for overtime earnings, shift premiums, attendance bonus, incentive earnings under any system of payment by results, fares and on making such travelling time allowances, penalty rates and any other ancillary payments payable to the employee shall not be taken into account.

 

The total weekly award rate and weekly overaward payment abovementioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment of compensation under the Act and subsequently such payment is reduced pursuant to the said Act, such reduction shall not increase the liability of the employer to increase the amount of accident pay in respect of that injury.

 

(iii)       Payment for Part of a Week - Where an employee receives accident pay and such pay is payable for incapacity for part of a week the amount shall be direct pro rata.

 

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

 

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

 

Provided further that in the case of the termination by an employer of an employee who is incapacitated and receiving accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where:

 

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

 

(ii)        arises from a declaration of liquidation of the company in which case the employee's entitlement shall be determined by the appropriate State legislation.

 

In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to the employer of the continuing payment of weekly workers' compensation payments.

 

31.3.2   Accident pay shall not apply to any incapacity occurring during the first four weeks of employment unless such incapacity continues beyond the first four weeks and then subject to clause 31.3.3 and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first four weeks.

 

31.3.3   Accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.

 

31.3.4   An employee on engagement may be required to declare all workers' compensation and/or accident claims made in the previous five years and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit their entitlement to accident pay under this award.

 

31.4      Maximum Period of Payment - The maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 39 weeks for any one injury as defined in clause 31.3.2.

 

31.5      Absence on Other Paid Leave - An employee shall not be entitled to the payment of accident pay in respect of any period of paid annual leave, or long service leave, or for any paid public holiday in accordance with the appropriate award provisions.

 

31.6      Notice of Injury - An employee upon receiving an injury for which they claim to be entitled to receive accident pay shall give notice in writing of the said injury to the employer and of its manner of happening as soon as practicable after the happening thereof and shall provide in writing all other information as the employer may reasonably require.

 

31.7      Furnishing of Evidence - An employee who has suffered any injury for which they are receiving payment or payments for incapacity in accordance with the provisions of the Act shall furnish evidence to the employer from time to time as required by the employer of such payment and compliance with this obligation shall be a condition precedent to any entitlement under this clause.

 

Any employee who is receiving or who has received accident pay in respect of any injury shall if required by the employer or other person on their behalf authorise the employer to obtain any information required by such employer concerning such injury or compensation payable in respect thereof from the insurance company that is liable to pay compensation to such employee pursuant to the Act.

 

31.8      Medical Examination - Nothing in this clause shall in any way be taken as restricting or removing the employer's rights under the Act to require the employee to submit to an examination by a legally qualified medical practitioner, provided and paid by the employer and if the employee refuses to submit to such examination or in any way obstructs the same, the right to receive or continue to receive accident pay shall be suspended in like manner as the right to compensation is suspended pursuant to the Act until such examination has taken place.

 

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

 

31.8.2   Where an employer is unable to provide work of the nature stipulated by the medical referee an employee shall take all reasonable steps to obtain such work with another employer and in the event of his/her failure to do so payment of accident pay shall cease.

 

31.9      Redemption of Weekly Payments - Where there is a redemption of weekly compensation payments by the payment under the Act of a lump sum the employer's liability to pay accident pay shall cease as from the date of such redemption.

 

31.10    Civil Damages Claims -

 

31.10.1             An employee receiving or who has received accident pay shall advise the employer of any action they may institute or any claim they may make for damages.

 

Further, the employee shall, if required, authorise such employer to obtain information as to the progress of such action or claim from the employee's solicitors and shall if required provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any verdict or settlement on that injury.

 

31.10.2             Where an employee obtains a verdict for damages against the employer or is paid an amount of money in settlement of any claim for damages that he/she has made against the employer in respect of an injury for which the employee has received accident pay, the employer's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the employee immediately upon payment of such verdict or amount in settlement shall pay to the  employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

 

31.10.3             Where an employee obtains a verdict for damages against a person other than the employer or is paid an amount of money in settlement of any claim for damages that the employee has made against such person in respect of an injury for which the employee has received accident pay the employer's liability to pay accident pay shall cease from the date of such verdict provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to his/her employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

 

31.11    Insurance Against Liability - Nothing in this clause shall require an employer to insure against the liability for accident pay, nor shall it affect the right of an employer to terminate the employment of the employee.

 

31.12    Variations in Compensation Rates - Any changes in compensation rates under the Act shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.

 

31.13    Death of Employee - All rights to accident pay shall cease on the death of an employee.

 

31.14    Disputes - In the event of any dispute arising as to the entitlement of an employee to payment of accident pay in accordance with the provisions of this award the matter shall if any party to this award so requires be referred to the Industrial Committee.

 

31.15    Safety Regulations - Without prejudice to the terms of this clause the Union shall use its best endeavours to have its members carry out all statutory and other regulations applicable to the employment of such members and to further carry out any orders relating to the preservation of safety given by or on behalf of any employer of its members.

 

31.16    An employer shall pay superannuation contributions in accordance with subclause 54.3 to an employee receiving accident pay in accordance with this clause.

 

32.  Bereavement Leave

 

32.1      An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay up to and including the day of the funeral on each occasion of the death of a person prescribed in subclause 32.3 of this clause.

 

32.2      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.

 

32.3      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph 29.1.3 of clause 29, 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.

 

32.4      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.

 

32.5      Bereavement leave may be taken in conjunction with other leave available under subclauses 29.2, 29.3, 29.4, 29.5 and 29.6 of the said clause 29. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

32.6      Bereavement entitlements for casual employees

 

32.6.1   Subject to the evidentiary and notice requirements in 32.2 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 29.1.3(ii) of clause 29, Personal Carers’ Leave.

 

32.6.2   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.

 

32.6.3   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 engage a casual employee are otherwise not affected.

 

33.  Jury Service

 

33.1      An employee required to attend for jury service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of the award classification rate the employee would have received had they not been on jury service.  An employee shall notify the employer as soon as possible of the date upon which they are required to attend for jury service. Further the employee shall give his/her employer proof of attendance, the duration of such attendance, and the amount received in respect of such jury service.

 

33.2      Provided that where an employee is working on afternoon or night shift and is required to attend for jury service and is empanelled or is required to remain until the afternoon session of Court, the employee shall not be required to attend for work on the shift occurring on the same day in the case of afternoon shift, or in the case of night shift on the shift preceding the period of jury service, and shall be entitled to reimbursement as indicated above. Provided that in the case of night shifts this provision shall not apply where the night shift is rostered to finish on the morning the employee is called for jury service.

 

34.  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).

 

35.  Annual Leave

 

35.1      Period of Annual Leave - A period of 28 consecutive days leave including non-working days, shall be allowed annually to an employee after 12 months, continuous service (less the period of annual leave) as an employee on weekly engagement in any one or more of the occupations to which this award applies.

 

An employee on weekly engagement shall accrue annual leave at a rate of 2.923 hours for each 38 ordinary working hours worked.

 

35.2      Seven-day Shift Workers - In addition to the leave hereinbefore prescribed, seven-day shift workers, that is shift workers, who are rostered to work regularly on Sundays and holidays, shall be allowed seven consecutive days leave, including non-working days. Where an employee with 12 months continuous service is engaged for part of the twelve-month period as a seven-day shift worker, the employee shall be entitled to have the period of 28 consecutive days annual leave prescribed in subclause 35.1 hereof increased by 0.78 of one hour for each week the employee is continuously engaged as aforesaid, the employee shall be entitled to have the period of 28 consecutive days annual leave prescribed in subclause 35.1 hereof increased by 0.73 of one hour for each week the employee is continuously engaged as aforesaid, subject to the provisions of clause 35.12.1.

 

35.3      Annual Leave Exclusive of Public Holidays - Subject to this subclause, the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by clause 26 and if any such holiday falls within an employee's period of annual leave and is observed on a day which in the case of the employee would have been an ordinary working day there shall be added to the period of annual leave one ordinary working day in respect of each such holiday.

 

Where a holiday falls as aforesaid and the employee fails without reasonable cause (proof whereof shall lie upon the employee) to attend for work at the ordinary starting time on the working day immediately following the last day of the period of the annual leave, the employee shall not be entitled to be paid for any such holiday.

 

35.4      Broken Leave - The annual leave shall be given and taken in one or two continuous periods.  If the annual leave is given in two continuous periods then one of those two periods must be of at least 21 consecutive days.

 

Provided that if the employer and an employee so agree then the annual leave entitlement may be given and taken in two separate periods neither of which is of at least 21 consecutive days, or in three separate periods.

 

35.5      Calculation of Continuous Service - For the purpose of this clause, service shall be deemed to be continuous, notwithstanding:

 

35.5.1   any interruption or determination of the employment by the employer if such interruption or determination has been merely with the intention of avoiding obligations hereunder in respect of leave of absence;

 

35.5.2   any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; or

 

35.5.3   any absence with reasonable cause proof whereof shall be upon the employee.

 

35.5.4   In cases of personal sickness or accident or absence with reasonable cause the employee to become entitled to the benefit of this subclause shall inform the employer, in writing if practicable, within 24 hours of the commencement of such absence or within four hours of the commencement of the next working day or shift of their inability to attend and the estimated duration of the absence.  A notification given by an employee pursuant to clause 28, Sick Leave, shall be accepted as a notification under this subclause.  Any absence from work by reason of any cause not being a cause specified in this subclause shall not be deemed to break the continuity of service for the purposes of this clause unless the employer, during the absence, notifies the employee in writing that such absence will be regarded as having broken the continuity of service.  In cases of individual absenteeism, such notice shall be given in writing to the employee concerned but in cases of concerted or collective absenteeism notice may be given to employees by the posting up of a notification in the plant in the manner in which general notifications to employees are usually made in that plant and by posting to the union a copy of same not later than the day it is posted up in the plant.

 

35.5.5   A notice to an individual employee may be given by delivering same to the employee personally or by posting it to the last recorded address, in which case it will be deemed to have reached the employee in due course of post.

 

35.5.6   In calculating the period of 12 months continuous service any absence from work not exceeding 21 working days in a qualifying period of 12 months on account of sickness or accident shall be taken into account in calculating the period of 12 months continuous service.  In cases of absences in excess of 21 working days occurring in a qualifying period of twelve months the amount of annual leave entitlement shall be reduced by 2.923 hours for each week in which the absence exceeds 21 working days.

 

35.5.7   In cases where an employee proceeds on leave without pay with the consent of the employer in a qualifying period of 12 months the amount of annual leave entitlement shall be reduced by 2.923 hours for each week.

 

35.6      Calculation of Service - Service before the date of this award shall be taken into consideration for the purposes of calculating annual leave, but an employee shall not be entitled to leave or payment in lieu thereof for any period in respect of which leave or a payment in lieu thereof has been allowed or made under the awards hereby superseded.  The annual leave shall be allowed at the rate of 2.923 hours for each one week of continuous service, subject to paragraph 35.11.1 hereof.  Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer's predecessor at the time when the employer became such successor or assignee or transmittee, the employee in respect of the period during which he/she was in the service of the predecessor shall for the purpose of this clause be deemed to be in the service of the employer.

 

35.7      Leave to be Taken - The annual leave provided for by this clause shall be taken and except as provided by subclauses 35.12 and 35.13 hereof payment shall not be made or accepted in lieu of annual leave.

 

35.8      Time of Taking Leave - Annual leave shall be given at a time fixed by the employer within a period not exceeding, in the case of an employee taking the leave in one period, six months or, in the case of an employee taking the leave in two or three periods, nine months from the date when the right to annual leave accrued and after not less than four months’ notice to the employee.

 

35.9      Leave Allowed Before Due Date - An employer may allow annual leave to an employee before the right thereto has accrued but where leave is taken in such a case a further period of annual leave shall not commence to accrue until after the expiration of the 12 months in respect of which annual leave had been taken before it accrued.

 

35.9.1   Where leave has been granted to an employee pursuant to this subclause before the right thereto has accrued and the employee subsequently leaves or is discharged from the service of the employer before completing the 12 months, continuous service in respect of which the leave was granted, the employer may for each complete week of the qualifying period of 12 months not served by the employee deduct from whatever remuneration is payable upon the termination of the employment an amount equivalent to 2.923 hours for each week of uncompleted service.

 

35.10    Payment for Period of Leave - Each employee before going on annual leave shall be paid the wages they would have received in respect of the ordinary time which the employee would have worked had they not been on leave during the relevant period.

 

35.10.1             Subject to subclause 35.11 hereof, each employee shall, where appreciable, have the amount of wages to be received for annual leave calculated by including the following where applicable:

 

(i)         Day Workers - The rate applicable to the employee as prescribed by clause 5, Rates of Pay, clause 9, Rates for Juniors and clause 10, Additional Payments, in respect only of subclauses 10.5, First-aid Attendant, and 10.6, Instructors (as defined).

 

(ii)        Shift Workers - Subject to subclause 35.11.2, the rate prescribed for work in ordinary time by clause 20, Shifts, and clause 21, Seven-day Continuous Shift Work, according to the employee's roster or projected roster including Saturday or Sunday shifts and payment for the regularly rostered eight hours overtime shift which is worked once in every four weeks to maintain the continuity of the roster cycle.

 

(iii)       The rate payable pursuant to clause 14, Mixed Functions, calculated on a daily basis which the employee would have normally received for ordinary time during the relevant period whether on a shift roster or otherwise.

 

(iv)       Payment in the case of employees employed on piece or bonus or any other system of payment by results shall be in accordance with subclause 35.14 of this clause.

 

(v)        Part-time employees shall in respect of annual leave be paid only at the rate actually being received by them at such time.

 

35.11    Loading on Annual Leave - During a period of annual leave an employee shall in addition to the payment specified in subclause 35.10 hereof receive a loading of 17½ per cent calculated on the rate of wage prescribed by clauses 5 and 9, subject to the provisions of paragraph 35.11.2 hereof.

 

The loading shall be as follows:

 

35.11.1             Day Workers - An employee who would have worked on day work only had the employee not been on leave - a loading of 17½ per cent.

 

35.11.2             Shift Workers - An employee who would have worked on shift work had he/she not been on leave - a loading of 17½ per cent. Provided that where the employee would have received shift loadings prescribed by clause 20, Shifts, and clause 21, Seven-day Continuous Shift Work had he/she not been on leave during the relevant period and such loadings would have entitled the employee to a greater amount than the loading of 17½ per cent then the shift loading as prescribed in paragraph (ii) of subclause 35.10.1 of this clause shall be included in the rate of wage prescribed by subclause 35.10 in lieu of the 17½ per cent loading.

 

Provided further that if the shift loading would have entitled the employee to a lesser amount than the loading of 17½ per cent, then such loading of 17½ per cent shall be added to the rate of wage prescribed by subclause 35.10.1 but not including paragraph (ii) of subclause 35.10.1.

 

35.11.3             Provided that the loading prescribed in this subclause shall be payable when services are terminated in respect of any untaken part of a full twelve-month entitlement to annual leave for which payment in lieu is made upon the termination of employment by either party.

 

35.12    Proportionate Payment on Termination - If an employee:

 

35.12.1             after one month's continuous service in the first qualifying twelve-month period with the employer lawfully leaves employment or the employment is terminated by the employer through no fault of the employee, the employee shall be paid as follows:

 

(1)        if other than a seven-day continuous shift worker, at the  ordinary rate of wage for 2.923 hours in respect of each completed week of service, the service being service in respect of which leave has not been granted hereunder;

 

(2)        if the employee had been employed as a seven-day continuous shift worker for the whole of the period for which they are entitled to proportionate leave - at the employee’s ordinary rate of wage or 3.653 hours in respect of each completed week of continuous service, the service being service in respect of which leave has not been granted hereunder;

 

(3)        if the employee had been employed as a seven-day continuous shift worker for part only of the period for which the employee is entitled to proportionate leave - at the rate of 2.923 hours as prescribed in subparagraph (1) hereof plus 0.73 hours for each week the employee was continuously employed as a continuous shift worker;

 

35.12.2             If an employee after the completion of the first qualifying twelve-month period leaves their employment or the employment is terminated by the employer for any reason other than serious misconduct, the employee shall be paid at the rate as prescribed in paragraphs (1), (2) and (3) of this subclause together with any additional payment calculated in accordance with subclause 35.14 of this clause.

 

35.13    Annual Closedown - Where an employer closes down the plant or a section or sections thereof for the purpose of allowing annual leave to the bulk of the employees in the plant or section or sections concerned, the following shall apply:

 

35.13.1             The employer may, by giving not less than two months' notice of the intention to do so, stand off for the duration of the closedown all employees in the plant or section or sections concerned and allow to those who are not then qualified for four full weeks' paid leave on a proportionate basis of 2.923 hours' leave for each completed week of continuous service.

 

35.13.2             An employee who has then qualified for four full weeks' leave and has also completed a further week or more on continuous service shall be allowed the leave and shall, subject to subclause 35.6 hereof, also be paid in respect of each completed week of continuous service performed since the close of the last twelve-month qualifying period.

 

35.13.3             The next twelve-month qualifying period for each employee affected by such closedown shall commence from the first day of January of each year.  Provided that all time during which an employee is stood off without pay for the purpose of this subclause shall be deemed to be time of service in the next twelve-month qualifying period.

 

35.13.4             If in the first year of service with an employer an employee is allowed proportionate annual leave under paragraph 35.13.1 hereof and subsequently within such year lawfully leaves employment or the employment is terminated by the employer through no fault of the employee, the employee shall be entitled to the benefit of subclause (l) hereof subject to adjustment for any proportionate leave which the employee may have been allowed as aforesaid; or

 

35.13.5             Alternatively, the employee may close down the plant or a section or sections thereof for two separate periods subject only to the following conditions:

 

(a)        That the employees concerned be given at least two months' notice of the proposed closures.

 

(b)       That the longer of the two periods of leave shall be at least 21 consecutive days. Such longer period of leave shall be granted by the employer during the December-January period unless otherwise decided by a Industrial Committee.

 

(c)        That the balance of the period of annual leave shall be taken not later than September, or by mutual agreement may be extended to 31 October.  This provision shall only apply to leave that has accrued in the previous 12 months.

 

(d)       That the employer makes known to the employees not less than two and not more than three proposals when the remainder of the period of leave is to be given and taken.  At least one of such proposals shall apply to Easter or an end-of-term school holiday period.

 

(e)        That an employer in conjunction with an official of the Union or a Shop Steward shall by means of a secret ballot and not otherwise determine which of the two or three proposals is acceptable to a majority of the employees.

 

35.13.6             Each employee affected shall be credited with paid leave on a proportionate basis of 2.923 hours in respect of each completed week of continuous service while qualifying for four weeks leave during the 12 months ending on the day immediately preceding the re-opening of the plant after each December closedown.

 

35.13.7             Except to the extent that an employee has leave to their credit under the provisions of clause 35.13.6 at the end of the December closedown, the employee shall be stood off without pay during the period of the December and/or second closedown.

 

35.13.8             If in the first year of service with an employer an employee is allowed proportionate annual leave under this subclause and subsequently within such year lawfully leaves employment or employment is terminated by the employer through no fault of the employee, the employee shall be entitled to the benefit of clause 35.12 subject to adjustment for any proportionate leave which the employee may have been allowed as aforesaid.

 

35.13.9             An employee who terminates their employment or is dismissed for any reason after the December closedown and before any balance of leave due, at the date under paragraph 35.13.6 hereof has been granted shall be paid such balance on termination or dismissal; or

 

35.13.10           Alternatively, the employer may by giving not less than two months' notice of the intention to do so, close down the plant or a section or sections thereof for a period of at least 21 consecutive days for the purpose of granting annual leave in accordance with this subclause with the balance of each employee's years entitlement of annual leave being taken at a time mutually agreed between the employer and the respective employees.  The granting and taking of annual leave in accordance with this paragraph shall be subject to the following conditions:

 

(a)        That the employees concerned be given at least two months' notice of the proposed closedown.

 

35.13.11           Each employee affected shall be credited with paid leave on a proportionate basis of 2.923 hours in respect of each completed week of continuous service while qualifying for four weeks leave during the 12 months ending on the day immediately preceding the opening of the plant after each December closedown.

 

35.13.12           Except to the extent that an employee has leave to their credit under the provisions of paragraph 35.13.6 hereof at the date of the December closedown, the employee shall be stood off without pay during the period of the December and/or second closedowns.

 

35.13.13           An employee who at the date of the December closedown has qualified for four full weeks' leave and who has completed a further week or more of continuous service shall be allowed leave and shall also be paid at the appropriate rate of wage as prescribed by subclause 35.10 hereof for 2.923 hours for each completed week of continuous service worked thereafter.

 

35.13.14           If in the first year of  service with an employer an employee is allowed annual leave under this subclause and subsequently within such year lawfully leaves  employment or the  employment is terminated by the employer through no fault of the employee, the employee  shall be entitled to the benefit of subclause 35.12 hereof subject to adjustment for any proportionate leave which the employee may have been allowed as aforesaid.

 

35.13.15           Any employee who terminates their employment or is dismissed for any reason after the December closedown and before any balance of leave due at the date under paragraph 35.13.11 hereof has been granted shall be paid such balance on termination or dismissal.

 

35.13.16           In the case of seven-day continuous shift workers an employer may close down the plant or section or sections thereof for a period of less than 21 consecutive days and allow the balance of annual leave due to an employee in one or two continuous periods.  In such cases the granting and taking of annual leave shall be subject to the agreement of the employer and the employee or employees of the plant, or section or sections thereof respectively.

 

35.14    Average Pay for Annual Leave -

 

35.14.1             Notwithstanding the foregoing provisions of this clause, when taking annual leave the employee, for the purpose of paid leave, will receive an additional payment based on the average overaward payment and/or the average bonus.  The averages will be calculated on a twenty-week qualifying period applied to ordinary hours only.

 

35.14.2             The "qualifying period of employment" means:

 

(a)        In the case of an employee taking annual leave at Christmas, the period of 20 consecutive weeks commencing with the first pay in July.

 

(b)       Where an employee is not employed during the whole of the qualifying period, the average will be calculated on the period of employment falling within the said 20 consecutive weeks.

 

(c)        In the case of an employee taking annual leave at any other time, the first 20 consecutive weeks in the six months immediately preceding the date of taking annual leave.

 

(d)       Where an employee does not qualify for calculation over a 20-week period then the number of weeks shall be averaged by the actual number of weeks worked.

 

35.14.3             In the case of an employee absent on long service leave during any qualifying period of employment, both the period of such leave and the payment in respect thereof will be excluded in the calculation of the averages.

 

35.14.4             In calculating the average bonus, all amounts in respect of overtime, shift work, penalty or special rates will be excluded.

 

36.  Trade Union Training Leave

 

36.1      Subject to subclause 36.3 hereof, a union delegate or elected employee workplace representative shall, upon application in writing, be granted up to five days leave with pay each calendar year non-cumulative to attend courses conducted or approved by the Australian Trade Union Training Authority which are designed to promote good industrial relations and industrial efficiency within the textile industry.

 

36.2      The notice to the employer must include details of the type, content and duration of the course to be attended.

 

36.3      Employers may approve leave in accordance with this clause subject to the following limitations:

 

36.3.1               Where the employer employs up to and including 49 employees 5 Union delegates or elected workplace representatives may be granted 5 days' leave per annum which is available within any 12-month period.

 

36.3.2               Where the employer employs between 50 and 150 employees inclusive, 10 union delegates or elected workplace representatives may be granted 5 days leave per annum which is available within any 12-month period.

 

36.3.3               Where the employer employees 150 or more employees, 15 union delegates or elected workplace representatives may be granted 5 days' leave per annum which is available within any 12-month period.

 

36.3.4               Provided the numbers contained in this clause may be varied by mutual agreement between the union and an employer.

 

36.4      The granting of such leave shall be subject to the employee or the Union giving not less than one calendar month's notice.  Provided that the taking of such leave shall be arranged so as to minimise any adverse effect on the employer's operations.

 

36.5      Leave of absence granted pursuant to this clause shall count as service for all purposes.

 

36.6      Each employee on leave approved in accordance with this clause shall be paid all ordinary-time earnings which normally become due and payable during the period of leave, such wages to be calculated in accordance with subclause 35.10.

 

36.7      All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course during leave approved pursuant to this clause shall be the responsibility of the employee or the Union unless otherwise agreed between the employer, the union and the employee concerned.

 

36.8      Should an employee granted leave pursuant to this clause fail to attend the nominated course, the employer shall be notified by the union as soon as practicable, and no payment is to be made by the respondent employer in respect of leave for the employee concerned pursuant to this clause.

 

36.9      In the event that a scheduled rostered day off resulting from a work arrangement established in accordance with clause 15 falls within a period of leave approved pursuant to this clause, no alternative day off shall be substituted in lieu.

 

36.10    Employees granted leave pursuant to this clause shall inform their employer after the completion of the course of the nature of the course and their observations on it.

 

37.  Proportion of Juniors

 

37.1      In any factory the proportion of juniors employed shall not exceed two to each employee receiving not less than the minimum adult rate.  In determining the proportion of juniors to employees receiving the adult rate each shift shall be taken into account separately.

 

38.  Limitations

 

38.1      Full-fashioned Machines -

 

38.1.1   On full-fashioned multiple head machines of 18 heads or more, one adult operator receiving not less than the adult operator's rate shall be employed.

 

38.1.2   On all full-fashioned machines having less than 18 heads, or on groups of such machines not exceeding a total of 24 heads, one adult operator receiving not less than the adult operator's rate shall be employed in accordance with the following scale of experience in relation to the number of heads:

 

(a)        an operator having less than three months experience - up to 16 heads;

 

(b)       an operator having three months but less than 12 months experience - 20 heads;

 

(c)        an operator having not less than 12 months experience - 24 heads.

 

38.1.3   Provided the period of experience of an operator may be shortened by agreement between the employer and the Secretary of the union.

 

38.2      Full-fashioned Machines (Underwear and Outerwear) - Work on full-fashioned knitting machines in the Underwear and Outerwear Section shall be confined to adult employees except where, with the consent of the union or the approval of a Industrial Committee, juniors are employed there for training purposes; but this clause shall not prevent the continued employment of juniors already employed on such work.

 

38.3      Irons - No female shall be required to use an iron weighing more than 3.629 kilograms.

 

38.4      Lifting of Weights -

 

38.4.1   No female shall be required to lift or carry any article or goods weighing more than 13.6 kilograms without one assistant for every additional 13.6 kilograms weight.

 

38.4.2   No male shall be required to lift more than 34.0 kilograms from the ground or 68.0 kilograms from a wagon or stillage without one assistant for each additional 34.0 kilograms or 68.0 kilograms respectively.

 

38.5      Machine Cleaning - Where practicable each machine shall be stopped when being cleaned, the cleaning to be done during working hours by the employee whose duty it is to do so.

 

38.6      Mule Spinning - To each pair of mules in the Spinning Department one adult shall be employed as in charge thereof.

 

38.7      Rotary-hydros operating - No employee under 18 years of age shall be permitted to operate the rotary-hydros and milling machine.

 

38.8      Rotary Press - No employee under 18 years of age shall be employed on any type of rotary press 1.5 metres or more in width.

 

38.9      Sizing Machines - Employees under 18 years of age except for training purposes shall not be employed on sizing machines.

 

38.10    Working in Close Association - An employer shall not require or permit any employee to work on any day unless one other person is in close association or another person is on the premises within the ready call.

 

39.  General

 

39.1      Hot Water - Employees shall be provided with hot water free of charge.

 

39.2      Seats for Employees - When requested by employees and where practicable, suitable seats shall be provided by the employer for employees in positions handy to their work.

 

39.3      Rest Room - In factories where 10 or more female employees are employed a properly ventilated rest room shall be provided by the employer for the use of such female employees.  It shall contain a suitable couch, stretcher, two easy chairs and a rubber hot water bag.  Where less than 10 females are employed suitable provisions for a rest room or area or space shall be provided.  Any dispute under this subclause shall be referred to the Industrial Committee.

 

39.4      Dining Room - Proper dining room accommodation shall be provided by the employer for the use of employees.  The employer shall provide facilities for heating food if the employees so request.  Any dispute under this subclause shall be referred to the Industrial Committee.

 

39.5      First-aid - In each mill or establishment the employer shall provide a properly equipped first-aid chest at a place or places reasonably accessible to all employees.  Such chest shall, as to its contents, comply with any State Act or Regulations in force from time to time and shall contain antidotes against any toxic chemical used in the factory.  On each shift a responsible person nominated by the employer and preferably a first-aid attendant shall be in charge of such chest.

 

39.6      Clothing -

 

39.6.1   When requested by the union representative the employer shall provide employees working in the dye house, willey house, bleach house, milling and scouring, yarn dyeing and piece carbonising (except piece dyeing) and wool scouring departments with suitable protective clothing, such as gloves and top boots or appropriate footwear and, when working with acids or employed on acid tanks, aprons.  Employees shall take reasonable care of clothing so provided.

 

39.6.2   Employers shall provide protective clothing for any employee whilst working in the rain.

 

39.6.3   Employees shall wear the protective clothing and equipment provided by the employer as required by this clause.

 

39.7      Handling Soda-ash Corrosive Chemicals - Employers shall provide proper facilities for protection of employees engaged in handling soda-ash or other chemicals having corrosive qualities.  Such facilities shall include protective clothing, gloves and equipment so as to remove or reduce the possibility of damage to the person or clothing.

 

Employees whose clothing is damaged by such chemicals when wearing the protective clothing as specified shall be compensated in such manner as may be agreed with the employer.

 

39.8      Cleaning Materials - All materials and appliances required for the cleaning of machinery shall be supplied by the employer free of charge.

 

39.9      Changing Accommodation - Separate dressing accommodation shall be provided by the employer for male and female employees.

 

39.9.1   An employer shall, at some reasonably convenient place on his/her premises, provide a suitable locker for each employee in his/her mill or proper hanging facilities which afford reasonable protection for employees' clothes.

 

39.10    Washing Facilities - Adequate washing, drying and sanitary facilities shall be provided in all factories.  Warm water and soap shall be provided for washing purposes and towels/driers, etc., shall be provided for drying purposes by the employer.

 

39.11    Tea Break - Employees shall be allowed a period of not less than 10 minutes in the employer's time for rest and refreshment during each day or shift, to be taken at times to be mutually arranged.  Reasonable facilities shall be provided by the employer for employees to have refreshments during such intervals if they so desire.  Provided:

 

39.11.1             that such period shall not be allowed within one hour of commencing or finishing work for the day or for a meal break;

 

39.11.2             this subclause shall not apply to employees working a short shift who are allowed crib time without deduction of pay; and

 

39.11.3             that employees shall conform to such arrangements as the employer may make to ensure the continuity of machine operations.

 

39.12    Garbage Utensils - The employer shall provide utensils for removing and containing floor sweepings and garbage.  All such utensils shall be kept in a hygienic condition and employees shall be required to see that refuse is placed in these containers.

 

39.13    Floor Coverings - Where practicable, suitable floor coverings shall be placed before machines, and no employee shall be called upon to stand on a bare concrete or brick or stone floor when operating or attending to a machine.  Any dispute under this subclause shall be referred to the Industrial Committee.

 

39.14    Guarding Machinery - Nothing in this award shall be deemed to override or limit any State law relating to the safeguarding of machinery for the protection of employees from accident.

 

39.15    Lighting Facilities - Adequate lighting facilities shall be provided in all factories.

 

39.16    Drinking Water - Cool, clean, wholesome refrigerated running water for drinking purposes preferably delivered from bubbler type systems shall be provided in places easily accessible to all employees.

 

39.17    Heating and Cooling Facilities - Adequate heating systems shall be provided in all factories to maintain satisfactory working conditions during cold weather.

 

39.18    Respirators - Respirators and goggles shall be supplied for the use of employees when cleaning out dust from the cotton mills.

 

39.19    Vacuum System - A vacuum system of card stripping or an individual unit system of dust extraction shall be installed and kept working in all card rooms in the cotton section.  For hand stripping an amount as set in Item 3 of Table 2 - Other Rates and Allowances of Part B, per complete set shall be paid in addition to an employee's ordinary rate of pay.

 

39.20    Steam Pipes - Where steam pipes are installed in close proximity to the workplace or machines of employees, such pipes shall be covered in such a way as to protect employees from risk of injury.

 

39.21    Tools of Trade - Employers shall supply all usual tools of trades' as are necessary for the proper carrying out of the employees' work and such tools shall remain the property of the employer and employees shall be responsible for the proper care and protection of such tools while in their possession. An employee shall replace or pay for any tools supplied if lost through their negligence.

 

39.22    Seats for Pin Setters - When requested by pinsetters and where practicable suitable seats shall be provided by the employer for them in positions handy to their work.

 

40.  Notice Boards

 

40.1      The employer shall permit a notice board to be erected in a prominent position in the establishment upon which representatives of the union shall be allowed to post notices in connection with union meetings or other legitimate business of the union.  Provided such notices are not objected to by the management.  In the event of a conflict of opinion as to whether a notice is objectionable the matter shall be referred to the appropriate Industrial Committee.

 

41.  Award Posted

 

41.1      A copy of this award shall be posted by each employer in a prominent and accessible place on the factory premises.

 

42.  Shop Stewards

 

42.1      Shop stewards to the number of one in each department shall be recognised by the employer, and not more than three of such shop stewards shall be allowed time off during working hours to interview the employer if there is any legitimate complaint.

 

43.  Right of Entry

 

43.1      The Industrial Relations Act 1996 (New South Wales) ("the Act") provides for Right of Entry in the following terms,

 

43.1.1   Definitions

 

In this Part:

 

43.1.2   authorised industrial officer means an officer or employee of an industrial organisation of employees who holds an instrument of authority for the purposes of this Part issued by the Industrial Registrar under section 299 of the Act

 

43.1.3   employees' records includes records of the remuneration of employees, part-time work agreements with the employees or other records relating to the employees that are required to be kept by the employer by or under the industrial relations legislation or an industrial instrument.

 

43.1.4   officer of an industrial organisation includes any person who is concerned in, or takes part in, the management of the organisation.

 

43.1.5   relevant employee, when used in connection with the exercise of a power by an authorised officer of an industrial organisation, means an employee who is a member of the organisation or who is eligible to become a member of the organisation.

 

This Part does not confer authority on an authorised industrial officer to enter any premises for the purposes of holding discussions with employees or of an investigation if:

 

(1)        the persons employed at that place are employed by a person who holds a certificate of conscientious objection under section 212 (3) of the Act because of membership of a religious society or order (such as the Brethren), and

 

(2)        none of the persons employed at those premises are members of an industrial organisation, and

 

(3)        there are no more than 20 persons employed at those premises.

 

43.2      Right of entry for discussion with employees

 

An authorised industrial officer may enter, during working hours, any premises where relevant employees are engaged, for the purpose of holding discussions with the employees at the premises in any lunch time or non working time.

 

43.3      Right of entry for investigating breaches

 

43.3.1   An authorised industrial officer may enter, during working hours, any premises where relevant employees are engaged, for the purpose of investigating any suspected breach of the industrial relations legislation, or of any industrial instrument that applies to any such employees.

 

43.3.2   For the purpose of investigating any such suspected breach, the authorised industrial officer may:

 

(1)        require any employer of relevant employees to produce for the officer's inspection, during the usual office hours at the employer's premises or at any mutually convenient time and place, any employees' records and other documents kept by the employer that are related to the suspected breach, and

 

(2)        make copies of the entries in any such records or other documents related to any such suspected breach.

 

43.3.3   An authorised industrial officer must, before exercising a power conferred by this section, give the employer concerned at least 24 hours' notice.

 

43.3.4   The Commission or the Industrial Registrar may, on the ex parte application of an authorised industrial officer, waive the requirement to give the employer concerned notice of an intended exercise of a power conferred by this section if the Commission or the Industrial Registrar is satisfied that to give such notice would defeat the purpose for which it is intended to be exercised.

 

43.3.5   If the requirement for notice is waived under paragraph 43.3.4:

 

(i)         the Commission or Industrial Registrar is to give the authorised industrial officer a warrant authorising the exercise of the power without notice, and

 

(ii)        the authorised industrial officer must, after entering the premises and before carrying out any investigation, give the person who is apparently in charge of the premises the warrant or a copy of the warrant

 

43.4      Provisions relating to authorities issued to officers

 

43.4.1   The Industrial Registrar may, on application, issue an instrument of authority for the purposes of this Part to an officer or employee of an industrial organisation of employees.

 

43.4.2   An authorised industrial officer is required to produce the authority:

 

(i)         if requested to do so by the occupier of any premises that the officer enters, or

 

(ii)        if requested to do so by a person whom the officer requires to produce anything or to answer any question.

 

43.4.3   The authority:

 

(i)         remains in force until it expires or is revoked under this section, and

 

(ii)        expires when the person to whom it was issued ceases to be an officer or employee of the industrial organisation of employees concerned.

 

43.4.4   The Industrial Registrar may, on application, revoke the authority if satisfied that the person to whom it was issued has intentionally hindered or obstructed employers or employees during their working time or has otherwise acted in an improper manner in the exercise of any power conferred on the person by this Part.

 

43.4.5   An application for the revocation of an authority is to set out the grounds on which the application is made.

 

43.4.6   A person to whom an authority has been issued under this section must, within 14 days after the expiry or revocation of the authority, return the authority to the Industrial Registrar for cancellation.

 

43.4.7   Maximum penalty: 20 penalty units.

 

43.5      No entry to residential premises without permission

 

(i)         An authorised industrial officer does not have authority under this Part to enter any part of premises used for residential purposes, except with the permission of the occupier.

 

43.6      Offences

 

43.6.1   An authorised industrial officer must not deliberately hinder or obstruct the employer or employees during their working time.

 

43.6.2   A person must not deliberately hinder or obstruct an authorised industrial officer in the exercise of the powers conferred by this Part.

 

43.6.3   A person must not, without lawful excuse, fail to comply with a requirement of an authorised industrial officer under this Part.

 

43.6.4   A person must not purport to exercise the powers of an authorised industrial officer under this Part if the person is not the holder of a current authority issued by the Industrial Registrar under this Part.

 

43.6.5   Maximum penalty: 100 penalty units.

 

43.7      Powers of Commission

 

43.8      The Commission may deal with an industrial dispute about the operation of this Part, but does not have any jurisdiction to make an award or order conferring additional or inconsistent powers of entry or inspection.

 

Industrial relations legislation means any of the following Acts and the regulations made under any such Act:

 

This Act

 

Annual Holidays Act 1944

 

Employment Protection Act 1982

 

Long Service Leave Act 1955

 

Long Service Leave (Metalliferous Mining Industry) Act 1963

 

An industrial instrument means an award, an enterprise agreement, a public sector industrial agreement, a contract determination or a contract agreement.

 

44.  Union Conference Delegates

 

44.1      An employee who is elected or appointed in accordance with the rules of the union as a delegate to or member of the National Council or the National Executive or a Branch Annual Conference or a Branch Committee of Management shall be granted leave of absence without pay to attend any meeting of the same which he/she is entitled to attend, provided that:

 

(a)        reasonable notice has been given to the employer; and

 

(b)        such absence will not unduly interfere with the business of the employer; and

 

(c)        an employer shall not be required to provide such leave to more than two employees from the same factory at the same time.

 

45.  Certificate of Service

 

45.1      An employee, if they ask for it, shall be entitled on termination of service to a certificate of length of service with an employer and the nature of the work which they were employed upon.

 

46.  Time and Wages Book

 

46.1      Each employer shall keep a time and wages book or record, showing the name of each employee, his/her or her occupation, the hours worked each day and the wages and allowances paid each week.

 

46.2      The time occupied by an employee filling in time books or cards or in the making of records other than checking in or out at the beginning or end of duty shall be treated as time of duty.

 

46.3      Refer to Industrial Relations Act 1996.

 

47.  Aged Or Infirm Workers

 

47.1      In the case of an employee who is unable to earn the minimum wage prescribed by this award or who is unable to work the prescribed thirty-eight hours per week a lower wage rate of a lesser number of hours may be fixed with the consent of the Union or if such consent is refused, then with the consent of the Industrial Registrar or Deputy Industrial Registrar of the Industrial Relations Commission of New South Wales of New South Wales.

 

47.2      The consent shall be for a specified term not exceeding one year, and the document evidencing it shall state the rate payable to and the name and the occupation of the employee in respect of whom it has been granted and it shall be filed by the employer with the Industrial Registrar or Deputy Industrial Registrar of the Industrial Relations Commission of New South Wales.  Refer to Industrial Relations Act 1996.

 

48.  Outdoor Workers

 

48.1      No work of any description or class covered by this award shall be done or performed except in the factory or workshop of an employer bound by this award, unless a permit has been given to an employee by the Union to work outside such factory or workshop, provided that no such permit shall be issued to any employee to perform work in the manmade fibre and synthetic fibre divisions of this award.

 

48.2      No permit shall be given unless the Union is satisfied that the person to whom it is proposed to give such permit is unable to work in such factory or workshop by reason of domestic ties, hardship, necessity, infirmity (which last term must not be deemed under any circumstances to include any communicable disease), old age or any other sufficient reason.

 

48.3      An employer shall not have more than one outdoor worker for every 15 indoor workers or fraction thereof.

 

48.4      An outdoor worker shall be deemed to be a person who works by themselves and is not employed in a workshop or factory.

 

48.5      The outdoor worker shall not work during any part of the day inside a workshop or factory.

 

48.6      The Union shall grant permits to necessitous cases only. In such cases, the Union must be satisfied that it is not reasonable to expect such a person to work inside a factory or workshop.

 

48.7      Outdoor workers shall be paid at the rates provided in this award.

 

48.9      Outdoor workers shall be provided free of charge with all yarn and/or other materials used in connection with their work.

 

48.10    Where an employer delivers and/or collects the work of such outdoor worker, the outdoor worker shall not be charged for such delivery and/or collection.

 

48.11    Outdoor workers shall not employ any labour whatever except members of their own families.

 

48.12    Outdoor workers shall be paid for annual leave and for each public holiday prescribed by this award which occurs during the period of their employment, such payment to be on a pro rata basis in proportion to the amount their aggregate earnings bears to the annual time rate earnings of an indoor worker doing similar work, payable on termination of employment or annually.

 

48.13    Provided that such payment shall not exceed the total amount to which such indoor workers are entitled to annually.

 

48.14    An employer who has work done elsewhere than in the factory or workshop shall keep a record book in English which shall contain a correct account written in ink as follows:

 

(a)        the name and address of the outdoor worker;

 

(b)        the number of articles and description of the work given out;

 

(c)        the rate paid for such outdoor work;

 

(d)        the record book shall be signed each week by each outdoor worker verifying the accuracy of the amount of wages received;

 

(e)        the record book shall be open for inspection at any time by any authorised officer.  Refer to the Industrial Relations Act 1996.

 

48.15    No employer shall, except as provided in this clause, require or order or cause to be performed or contract for the performance of work of any class covered by or referred to in this award (including the work of preparing any material for manufacture or materials so prepared):

 

(a)        in any place other than the usual workshop or factory; and/or

 

(b)        by any person or persons other than the  employees usually employed at such workshop or factory.

 

48.16    Nothing herein contained shall affect the right of the employers bound by this award to contract, subcontract, let or sublet to any person, employing not less than four persons exclusive of members of his/her own family, who conducts a workshop or factory and is bound by this award.

 

49.  Emergency Electricity Provisions

 

49.1      Notwithstanding anything elsewhere contained in this award the following provisions shall apply in the case of an employer who through no fault of their own is subjected to restriction or rationing in the use of electricity energy and/or coal gas and/or the emergency disconnection thereof in accordance with orders, regulations or notices approved by the lawful authority.  In the case of an employer who is unable to resume his/her normal operations immediately after the cessation of such restrictions, rationing or disconnection, the following provisions shall operate:

 

49.1.1.  Should notification of the cessation be received between midnight on Friday and noon on Thursday in any week - 7.00 am. on the Saturday;

 

49.1.2   Should notification of the cessation be received between noon on Thursday and midnight on Saturday in any week - 7.00 a.m. on the following Saturday in the following week.

 

49.1.3   If by reason of such restriction, rationing or disconnection the employer is unable usefully to employ for the whole or part of any day or shift the employer may deduct from the wages of that employee payment for any part of the day or shift such employee cannot be usefully employed, provided that:

 

(a)        if any employer requires the employee to attend for work but is not able to employ them usefully the employee shall be entitled to be paid for two hours work;

 

(b)       where an employee commences work he/she shall be entitled to be paid for four hours work;

 

(c)        this subclause shall not apply to apprentices.

 

49.1.4   Subject to subparagraph (c) hereof they may require any day worker to perform his/her ordinary hours of work (or any such ordinary hours of work) at any time on any day other than on a Sunday on the basis of thirty eight hours per week.  The following rates of pay shall apply for such work:

 

(a)        for work performed on Mondays to Fridays from 7.00 a.m. to 5.30 p.m. and on Saturdays from 7.00 a.m. to noon - ordinary time;

 

(b)       for work performed between noon and midnight on Saturdays - ordinary rates plus 25 per cent;

 

(c)        for work performed at all other times - ordinary rates plus 10 per cent.

 

Provided that when a day worker is required to commence work between the hours of 9.30 p.m. and 6.00 a.m. - the amount of 50 cents more than the amount he/she would receive if paid at ordinary day rates.

 

49.1.5   Subject to subparagraph (d) hereof the employee may require any shift worker to perform their hours of work at any time other than on a Sunday on the basis of 38 hours per week.  The following rates of pay shall apply for such work:

 

(a)        for day work or day shift work - ordinary time;

 

(b)       for work performed between noon and midnight on Saturdays - ordinary rates plus 25 per cent;

 

(c)        for afternoon and night shifts - ordinary rates plus 10 per cent.

 

(d)       Provided that when a shift worker is required to commence work between the hours of 9.30 p.m. and 600 a.m. the amount they shall receive shall not be less than an amount of 50 cents more than the amount the employee would receive if paid at ordinary rates.

 

(e)        Nothing contained in this subclause shall operate so as to reduce the shift premiums payable to employees who were shift workers working on afternoon and night shifts only at the date of the imposition of restrictions or rationing as aforesaid and who continue to work on such shifts.

 

49.1.6   A day worker or a shift worker shall be allowed a rest period of eight hours between the completion of one shift or spell of duty and the commencement of the next unless as a result of a mutual arrangement between the employer and the majority of the employees concerned a lesser period than eight hours is agreed to.  If in the absence of an agreement an employee is required to commence a shift or a spell of duty without having been granted the rest period allowed he/she shall be paid at double time rates until such time as the allowed rest period is granted.  This subclause shall have no application to cases where in circumstances of normal working a shift worker could be required without the payment of penalty rates to work two successive shifts without a break of less than eight hours.

 

49.1.7   The employer may alter the time at which meal breaks are usually taken, and/or the duration of same, in order to avoid or mitigate the effects of such restrictions or rationing without being liable to pay penalty rates for work done during the normal meal breaks; provided that the commencing time of any meal break is not made more than one hour earlier or later than usual, and that a meal break of at least 20 minutes is allowed.

 

Provided also that the employer shall whenever it is practicable consult with the representative of the union before acting under this subclause.

 

49.1.8   The employer may, by agreement with an employee, allow to such employee the whole or any part of the annual leave prescribed by this award, without being liable to give to such employee the notice normally required for that purpose.

 

49.2      Notwithstanding anything elsewhere contained in this award, the provisions of this clause shall also apply, in the case of an employer who uses auxiliary power plant for the purposes of providing employment for employees whilst such restriction or rationing is in force and who:

 

49.2.1   is unable usefully to employ an employee for the whole of any day or shift by reason of a breakdown in such plant through no fault of his/her own; or

 

49.2.2   because of the inability of the auxiliary power plant to meet the normal demands for power:

 

(a)        finds it necessary to require any employee to perform their  ordinary hours of work (or any of such ordinary hours of work) outside the hours normally worked by such employee; or

 

(b)       to alter the time at which meal breaks are usually taken and/or the duration of same.

 

50.  Anti- Discrimination

 

50.1      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 and age.

 

50.2      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.

 

50.3      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

50.4      Nothing in this clause is to be taken to affect:

 

50.4.1   any conduct or act which is specifically exempted from anti-discrimination legislation;

 

50.4.2   offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

50.4.4   a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

50.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

NOTES -

 

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

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".

 

51.  Introduction of Change

 

51.1      Employers Duty to Notify -

 

51.1.1   Where an employer has made a definite decision to introduce major changes in production, programme, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and their union or unions.

 

51.1.2   "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required.  The elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

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

 

51.2      Employers Duty to Discuss Change -

 

51.2.1   The employer shall discuss with the employees affected and their union or unions, inter alia, the introduction of the changes referred to in subclause 51.1 hereof, the effects the changes are likely to have on employees, 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 their unions in relation to the changes.

 

51.2.2   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 the said subclause 51.1.

 

52.2.3   For the purposes of such discussion, the employer shall provide in writing to the employees concerned and their union or unions, 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 be inimical to his/her or her interests.

 

52.  Redundancy

 

52.1      Discussions Before Termination -

 

52.1.1   Where an employer has made a definite decision that they no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with their union or unions.

 

52.1.2   The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of paragraph 52.1.1 hereof and shall cover, inter alia, any reasons for the proposed terminations and measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

 

52.1.3   For the purposes of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and their union or unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out.

 

Provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to his/her or her interests.

 

52.2      Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in paragraph 52.1.1 hereof the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if their employment had been terminated, and the employer may at their option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new lower ordinary-time rates for the number of weeks of notice still owing.

 

52.3      Severance Pay - In addition to the period of notice prescribed for ordinary termination in subclause 22.3, and subject to further order of the Industrial Relations Commission of New South Wales, an employee whose employment is terminated for reasons set out in clause 52.1.1 hereof shall be entitled to the following amount of severance pay in respect of a continuous period of service:

 

SCALE OF SEVERANCE PAYMENTS

 

 

"Week's pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award.

 

52.4      Employee Leaving During Notice Period - An employee whose employment is terminated for reasons set out in paragraph 52.1.1 hereof may terminate their employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

52.5      Alternative Employment - An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if he/she or she obtains acceptable alternative employment for an employee.

 

52.6      Time Off During Notice Period -

 

52.6.1   During the period of notice of termination given by the employer for reasons set out in paragraph 52.1.1 an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

 

52.6.2   If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he/she or she shall not receive payment for the time absent.

 

For this purpose a statutory declaration will be sufficient.

 

52.7      Notification to Centrelink. - Where a decision has been made to terminate employees in the circumstances outlined in paragraph 52.1.1 hereof, 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.

 

52.8      Superannuation Benefits - Award superannuation benefits payable upon termination shall not be used in lieu of any severance payments made in accordance with this clause. Any non-award superannuation benefit payable upon termination shall not be used in lieu of any severance payments made in accordance with this clause, other than by further order of the Industrial Relations Commission of New South Wales of New South Wales.

 

52.9      Transmission of Business -

 

52.9.1   Where a business is before or after the date of this award transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

 

(i)         the continuity of employment of the employee shall be deemed not to have been broken by reason of such transmission; and

 

(ii)        the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

 

52.9.2   In this subclause, business includes trade, process, business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of the law and transmitted has a corresponding meaning.

 

52.10    Employees With Less Than One Year's Service - This clause shall not apply to employees with less than one year's continuous service and the general obligation on employers should be no more than to give relevant 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.

 

52.11    Employees Exempted - This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency, neglect of duty or non-observance of company safety provisions, or in the case of apprentices, or employees engaged for a specific period of time or for a specific task or tasks.

 

52.12    Employers Exempted - Subject to further order of the Commission in a particular redundancy case, this clause shall not apply to employers who employ less than 15 employees.

 

52.13    Incapacity to Pay - An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay.

 

53.  Superannuation

 

53.1      Preamble - Superannuation Legislation

 

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

 

53.1.2   Notwithstanding 53.1.1 above, the following provisions shall also apply:

 

53.2      Definitions

 

53.2.1   "The Fund" for the purpose of this clause shall mean the:

 

(i)         Australian Retirement Fund established and governed by a trust deed 11 July 1986, as may be amended from time to time, and includes any superannuation scheme which may be made in succession thereto; or

 

(ii)        Subject to the agreement of the relevant State Secretary of the Union and its members, an employer sponsored fund established prior to 1 July 1987, which complies with the Superannuation Industry (Supervision) Act 1993 as amended from time to time, and set out in sub-clause 53.7.2 of this clause.

 

53.2.2   "Ordinary Time Earnings" for the purposes of this Clause, shall mean and include:

 

(i)         award skill level or classification rate;

 

(ii)        supplementary payment (where relevant);

 

(iii)       over-award payment;

 

(iv)      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;

 

(v)       the payment for work performed by weekend employees exclusively and wholly during their ordinary hours on Saturdays and Sundays;

 

(vi)      payment by results earnings;

 

(vii)     all non reimbursable allowances payable under the award.

 

53.3      Employers to Become a Party to the Fund:

 

53.3.1   A respondent employer shall make application to the Fund to become a participating employer in the Fund and shall become a participating employer upon acceptance by the Trustee of the Fund.

 

53.3.2   A respondent employer shall provide each employee who is not a member of the Fund with a membership application form upon commencement of this clause and thereafter upon commencement of employment.

 

53.3.3   Each employee shall be required to complete the membership application and the employer shall forward the completed application to the Fund by the end of the calendar month of commencement of this clause or commencement of employment.

 

53.4      Eligibility of Employees

 

53.4.1   Each employee shall be eligible to join the Fund upon commencement of employment.

 

53.4.2   Each employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in subclause 53.3.3 was forwarded to the Fund.

 

53.5      Employer Contributions on Behalf of Each Employee

 

53.5.1   A respondent employer shall contribute to the Fund in respect of each employee such contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 and Superannuation Guarantee Charge Act 1992 as amended from time to time. Failure to comply with this sub paragraph shall constitute a distinct and separate breach of this sub-paragraph.

 

In accordance with the requirements of the relevant Acts, as mentioned, a respondent employer shall not be required to pay superannuation contributions in respect of employees who earn less than $450.00 in a calendar month or upon reaching the age of 65.

 

53.5.2   Such contribution shall be made monthly by the last day of the month following, the total of the weekly contribution amounts accruing in the previous month in respect of each employee.

 

 

 

The amount of contributions to the fund shall be calculated to the nearest ten cents and any fraction below five cents shall be disregarded.

 

53.5.3   The Fund and the amount of contributions paid in accordance with this sub-clause and sub-clause 53.6 shall be included in pay advice notices provided by employers to each employee.

 

53.5.4   Contributions shall continue to be paid in accordance with this sub-clause during any period in respect of which an employee is entitled to receive Accident Pay in accordance with clause 31 of this Award.

 

53.5.5   Unpaid Absences

 

Except as where specified in the rule of the Fund, contributions by respondent employers in respect of unpaid absences will be proportional to the wage received by the employee concerned in a particular pay period.  For the purposes of this clause, each pay period will stand alone. Accordingly, unpaid absences in one pay period will not carry over to another pay period.

 

53.5.6   Cessation of Contributions

 

A respondent employer’s obligation to make contributions on behalf of the employee ceases on the last day of employment with the employer.

 

53.6      Employee Contributions

 

53.6.1   An employee may make contributions to the Fund in addition to those made by the respondent employer under subclause 53.5.

 

53.6.2   An employee who wishes to make additional contributions must authorise the respondent employer in writing to pay into the Fund, from the employee’s wages, amounts specified by the employee in accordance with the Fund Trust Deed and Rules.

 

53.6.3   An employer who receives written authorisation from the employee, must commence making payments into the Fund on behalf of the employee within 14 days of receiving the authorisation.

 

53.6.4   An employer may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions within 14 days of receiving the authorisation. An employee may only vary his or her additional contributions once each month.

 

53.6.5   Additional employee contributions to the Fund requested under this sub-clause shall be expressed in whole dollars.

 

53.7      Exemptions

 

53.7.1   An employer may make application for exemption from sub-clause 53.6 in respect of contributions to the Fund for employees who are not members of the Union.

 

Applications for exemption shall be determined in accordance with the Superannuation Test Case (Print L5100) and the December 1994 State Wage Case Principles or any decision made in succession thereto.

 

53.7.2   It is recorded that the scheme specified in the first column hereunder is a scheme to which this paragraph applies and that the agreement of the Union and its members has effect on and after correspondingly set out in the third column hereunder:

 

(1)	(2)	(3)
Name of Scheme	Covered	Date of effect of Union Agreement
Edwardstown Carpets Superannuation Fund		1 January 1988
Pacific Dunlop Superannuation Fund		6 August 1987

 

54.  National Training Wage

 

The parties to this award shall observe the terms of the National Training Wage Award 2000, as amended. Each breach of the National Training Wage Award 2000 is a distinct and separate breach of this clause.

 

55.  Area, Incidence and Duration

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Textile Industry (State) Award published on 19 October 2001 (328 I.G. 841) as varied.

 

The award published 19 October 2001 took effect from the first full pay period to commence on or after 27 July 2001 and remained in force for a period of 36 months.

 

The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 18 January 2008.

 

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

 

It shall apply to employees referred to in clause 5, Rates of Pay, of this award, within the jurisdiction of the Textile Workers (State) Industrial Committee.

 

55A.  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.

 

56.  Operation of Award

 

(a)        It is the intention of the parties to this award to achieve the principal object in section 3(f) of the Industrial Relations Act 1996 by helping to prevent and eliminate discrimination in the workplace and in particular to ensure equal remuneration for men and women doing work of equal or comparable value.

 

Accordingly, in fulfilling their obligations under the grievance procedure clause, the parties must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

 

Nothing in this clause is to be taken to affect:

 

(i)         any different treatment (or treatment having different effects) which is specifically exempted under Commonwealth or State anti-discrimination legislation;

 

(ii)        an employee, employer or registered organisation, pursuing matters of discrimination in any state or federal jurisdiction, including by application to the Anti-Discrimination Board.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Adult Rates of Pay - Clause 5

 

Classification	Minimum Weekly Award Wage Rate
Skill Level	$
Trainee	524.40
1	541.10
2	563.60
3	584.50
4	618.20
5#	659.90

 

* The weekly award wage rate for ordinary hours combines the base rate, supplementary payment and arbitrated safety net adjustments and State Wage Case decisions awarded since the NWC October 1993 Review of Wage fixing Principles.

 

# Wage Band

 

Junior Rates of Pay - Clause 9

 

Years of Age	Percentage of Skill Level 2	Minimum Weekly Award Rate
	Skill Level 2 = $563.60
	%	$
16	50	281.80
16.5	55	310.00
17	59	332.50
17.5	64	360.70
18	69	388.90
18.5	75	422.70
19	80	450.90
19.5	85	479.05
20	Adult Rate

 

Apprentice Rates of Pay - Clause 6

 

	Percentage of Skill Level 4
4-year term	Skill Level 4 = $618.20	Minimum Weekly Award Rate
	%	$
	52	321.45
	62	383.30
	82	506.90
	92	586.75

 

Adult Apprentice Rates of Pay - Clause 7

 

	Percentage of Skill Level 4
4-year term	Skill Level 4 = $618.20	Minimum Weekly Award Rate
	%	$
	82	506.90
	87	537.85
	92	568.75
	100	618.20

Table 2 - Other Rates and Allowances

 

The allowances in this table shall be payable on or from the first pay period on or after 1 August 2007.

 

Item No.	Clause No.	Brief Description	Amount
			$
1	5.7	Leading Hand allowance -
		In charge of up to 10 employees	22.35 per week
		In charge of 11 to 20 employees	32.65 per week
		In charge of 21 or more employees	39.60 per week
		High rise Stacker Operator	16.20 per week
2	10.1	Blender/Blending machine attendant	17.10 per week
3	10.2	Hand Stripping of cards	0.99 per complete set
	39.19
4	10.3	Called upon to work in dust chamber in a cotton Mill	8.55 extra for that week
5	10.4	Engaged in Dye House/Bleach House	7.10 per week
6	10.4	Employees also engaged in loading/unloading of	Further additional
		Kiers or entering vaporloc machines	3.70 per week
7	10.5	First-aid Attendant	10.60 per week
8	10.6	Instructors	15.90 per week
9	10.7	Engaged on Shoddy-shaking machines (dirt money)	12.65 per week
10	10.8	Polisher machine operators engaged in cleaning of
		size troughs - Sewing Threads Section	8.55 per week
11	10.9	In the event where proper facilities are not provided
		for the protection of employees engaged in loading/	1.20 per hour
		unloading soda ash from delivery vehicles by hand
12	10.10	Sorting unwashed rags	2.60 per week
13	10.11	Willey hands in waste room	8.55 per week
	10.12	Clean Wool Scouring Pits in an offensive condition	Double ordinary rates
14	10.13	Picking over bales of wool, waste or rags in an
		offensive condition	1.04 per bale
15	10.14	Operating flax scutchers, tow on breaker and finisher	7.00 per week
16	13.7	Payment of Results systems -
		Employee who also instructs learners
		1st week	5.30 per week
		2nd week	4.65 per week
		3rd week	4.10 per week
		continue instructing a learner thereafter	4.10 per week
17	18.2	Meal Allowance	7.40
		For each subsequent meal	5.45
18	20.8	Change of shift without 2 working days’ notice	17.50 extra as
			compensation

 

Schedule "A"

 

CONSULTATIVE COMMITTEES

 

(Subject to the provisions of the Industrial Relations Act 1996)

 

(a)        Composition -

 

(i)         A consultative committee shall include at least 50 per cent union/employee representatives and at least one senior management representative.

 

(ii)        Management and the union and employees will jointly determine the size of the committee, except that there will be no fewer than four members.  The maximum number of representatives on any committee will be ten.

 

(iii)       The election/appointment of management representatives will be determined by management and the election of union/employee representatives will be determined by the union.  Where there is a union delegate he/she must be a union/employee representative.

 

(iv)       In the determination of union/employee representatives on the committee, consideration shall be given to:

 

the makeup of the workforce, in particular the proportion of women, migrants and juniors;

 

the size of the workforce;

 

the number of distinct operations at the workplace;

 

shift arrangements;

 

the corporate structure;

 

other existing consultative mechanisms.

 

(v)        Where an enterprise is comprised of a number of sites or distinct workplaces, the number of committees to be established shall be determined jointly by management and the union, depending on the size and operation of the enterprise and its separate components.  Should more than one committee be established, a peak committee shall be established to ensure a co-ordinated approach.

 

(vi)       The Committee, once established, may invite persons to attend specific meetings.

 

(vii)      An official of the union shall have a right to be present and participate in the deliberations of the committee.

 

(b)        Term of Office -

 

(i)         Members elected or appointed to the Committee shall hold office for a period of twelve months, and will be required to be re-elected or re-appointed each subsequent year. It is the responsibility of each Committee member to attend meetings on a regular basis and to represent the views and opinions of those people he or she represents.

 

(ii)        If a member of the committee ceases employment with the enterprise, or resigns from the committee, a new election or appointment shall be made in accordance with paragraph (a)(iii) hereof.

 

(c)        Terms of Reference - The following matters shall form the basis for the work of the Committees. Each Committee will seek to reach agreement on the matters set out below and make recommendations to senior management who will take into account the views and the deliberations of the Committee prior to making its final decisions:

 

(i)         To implement the restructured award in the workplace;

 

(ii)        To review the implications and/or impact on the enterprise of major external influences, including the Australian Government Textile, Clothing and Footwear Industries Development Plan.

 

(iii)       To consider the introduction of new or revised work methods/work arrangements.

 

(iv)       To give consideration to the impact of technological change and other significant changes in the organisation or workplace, with regard to:

 

number of employees, job specifications and current skill base; and

 

acquisition of new skills and additional training requirements.

 

(v)        To develop a framework for skills development and provision of training within their workplaces, including English language training and the provision of foundation education.

 

(vi)       To assess proposed changes in product or product orientation for possible impacts on work method/work arrangements, employment and skill requirements.

 

(vii)      To give consideration to Equal Employment Opportunity principles in the context of award restructuring in the workplace.

 

(viii)     To consider the provision of work related child care, and in particular, the Australian Government Work Based Child Care Program.

 

(ix)       To consider other matters raised by Consultative Committee members which impact on employees or which contribute to the improved operation and efficiency of the enterprise.

 

(d)        Procedural Guidelines -

 

(i)         Chairperson - A Chairperson shall be elected by the Committee from within the Committee and shall alternate each meeting between management and union/employee representatives.

 

(ii)        Secretary - A Secretary shall be appointed for the purposes of recording minutes, preparation and distribution of agendas and other administrative duties.  The administrative requirements of this position shall be provided by the employer.  The person appointed to this position shall not be a member of the Committee.

 

(iii)       Agenda - All members of the Committee shall have a right and a responsibility to submit agenda items.  The agenda, minutes and any relevant background documentation shall be circulated one week prior to the meetings.

 

(iv)       Preparation - Reasonable time in working hours shall be provided to union/employee representatives for the purpose of preparing for the meeting.  Union/employee representatives and an official of the union may, at a time convenient to the employer, during working hours, hold meetings with the workforce or part of the workforce prior to meetings of the Committee.

 

(v)        Meetings - The Committee shall meet at least every two months, unless the Committee determines that it shall meet on a more frequent basis.

 

The meetings of the Committee shall be held at a place and time convenient to management, but shall be held during normal working hours.  Attendance at Committee meetings shall be treated as and paid for as time worked.

 

A reasonable time limit shall be placed on the length of meetings.  Enough time shall be provided to adequately deal with the agenda items.  Meetings shall operate on a consensus basis.

 

(vi)       Minutes - The Secretary shall minute the proceedings of each meeting of the Committee.  The minutes shall be circulated to each member of the Committee within one week of the meeting, verified by Committee members prior to the next meeting, and signed by the Chairperson at the next meeting of the Committee as a true and correct record of the proceedings of the Committee.

 

(vii)      Future Meetings - The date of the next meeting of the Committee shall be set at the close of the previous meeting.

 

(viii)     Confidentiality - All members of the Consultative Committee and the Secretary of the Committee shall accept that, whilst the spirit of genuine consultation is to be paramount, at no time shall the Committee have placed before it any matter, the confidentiality of which is in the company's best interests, or where confidentiality has been specifically agreed with a third party.

 

(ix)       Management Response - Senior management must formally respond to the Committee's recommendations. Normally this will take place prior to the next meeting of the Committee.

 

(e)        Feedback -

 

(i)         The minutes of the meetings of the Committee shall be kept by the Secretary and shall be available upon request to any employee or any other person approved by the Committee.  As a matter of course, minutes shall be forwarded to the State Secretary of the union.

 

(ii)        Minutes of the Committee shall be posted on the notice boards after ratification by the meeting.

 

(iii)       Reasonable time in working hours shall be provided to union/employee representatives for the purpose of reporting back on items raised and agreements reached at the meeting.  Union/employee representatives may, at a time convenient to the employer during working hours, hold meetings with the workforce or part of the workforce following meetings of the Committee.

 

(f)         Training - All members of the Committee shall be entitled to training in meeting procedures and relevant related skills required to ensure that they are in a position to represent their constituents and play an active role in the operation of the Committee.  The nature, time and extent of training provided shall be determined between management and the relevant union.

 

(g)        Evaluation - A review of these procedures shall be conducted at the end of each twelve months operation.

 

Schedule "B"

 

PROCEDURE TO BE ADOPTED IN DEVELOPING AN ENTERPRISE AGREEMENT

 

The procedures to be followed in developing an enterprise agreement are as follows:

 

(a)        Step One - The party raising a measure or measures for consideration shall place the matter on the agenda of a forthcoming meeting of the Consultative Committee.

 

(b)        Step Two - The party raising the measure or measures for consideration shall outline the proposal at a meeting of the Consultative Committee and the outline shall be recorded in the minutes of the meeting.  The party receiving the proposal shall not be required to respond to the proposal at that meeting.

 

At the same time a written outline of the proposal shall be forwarded to the State Secretary of the union.

 

(c)        Step Three - The Consultative Committee shall post the proposal on the notice boards.  They shall endeavour to express the proposal in a manner that enables the proposal to be understood by the workforce.  In particular, where there are a number of non-English speaking workers the Consultative Committee shall consider having the proposal translated into the main languages spoken in the workplace so that all employees fully understand the proposal.

 

(d)        Step Four - The union/employee Consultative Committee representatives shall be granted one day's, leave with pay to attend a briefing session conducted by the union to equip them to negotiate each enterprise agreement with the employer.  Where an employee has used their full entitlement to trade union training leave in accordance with clause 36, Trade Union Training Leave the one day's leave shall be in addition to their entitlement.

 

(e)        Step Five - The union/employee Consultative Committee representatives and the relevant official of the union shall consult with the whole of the workforce and section of the workforce affected by the proposal.  An employer shall grant the whole of the workforce reasonable time off with pay to attend a meeting conducted by the union/employee representatives and the relevant official of the union for the purpose of consultation.  In the case of a workplace where there are a number of non-English speaking workers the employer shall favourably consider a request from the union/employee Consultative Committee representatives or the relevant official of the union for engagement of interpreter/s to assist in the meeting so that non-English speaking workers fully understand the proposal.  In such case, reasonable time to conduct the meeting will be longer than in the case where an interpreter/s is not used.

 

(f)         Step Six - The Consultative Committee shall then consider the proposal and the views of the workforce and attempt to reach an enterprise agreement.  As necessary the employee/union consultative committee representatives will refer the draft to the workforce for comment.

 

(g)        Step Seven - If the Consultative Committee reaches agreement it shall record the agreement in writing and forward it to the State Secretary of the union, who shall arrange with the employer to jointly conduct a vote of the workforce affected.

 

(h)        Step Eight - In the case of a proposal which does not affect the provisions of the award, if a majority of the workforce affected are in favour of the proposal the proposal shall be forwarded as a recommendation to senior management.

 

In the case of a proposal which does affect the provisions of the award, if 75 per cent of the workforce affected are in favour of the proposal the proposal shall be forwarded as a recommendation to senior management.

 

(i)         Step Nine - If the recommendation is accepted then senior management shall refer the proposed agreement in writing to the State Secretary of the union for approval or otherwise.  The union shall not unreasonably withhold agreement.

 

(j)         Step Ten - If the proposed agreement in writing is approved by the State Secretary of the union then it shall be signed by senior management and the State Secretary of the union.

 

(k)        Step Eleven - The agreement shall then be submitted to the Industrial Relations Commission of New South Wales for approval and if approved shall override over any provision of this award to the extent of any inconsistency.

 

Schedule "C"

 

CODE OF CONDUCT ON TWELVE-HOUR SHIFTS

 

(a)

 

(i)         This Industry Code of Conduct on Twelve-hour Shift Work has been adopted by the Joint Union-Management Textile Sectoral Committee.

 

It is intended to be a guide for employers, workers and the union in the development of an enterprise based agreement on working 12-hour shifts.

 

(ii)        Twelve-hour shift work, with correctly designed rosters, may provide benefits to workers by reducing cumulative fatigue, increase leisure time and relieving the pressure of seven-day shift work.

 

For twelve-hour shift work to be advantageous, it is recommended the increased leisure time be used for recuperation and recreation and not as an opportunity for additional employment.

 

(b)        Introduction of Twelve-hour Shift Work - The introduction of twelve-hour shifts should give due consideration to the following:

 

twelve-hour shift work will not impose excessive physical or mental workload;

 

after proper examination of the possible injurious effects to employees' health and social well being, there are demonstrated benefits for the workers concerned;

 

after full consultation with the union and there is a seventy-five per cent majority support of affected workers.

 

(c)        Control Measures - Workload - To minimise the health and safety risks of twelve-hour shift work, the following factors should be considered in relation to workload:

 

physical effort;

 

mental application and fatigue;

 

work performance;

 

occupational health and safety matters;

 

monotony/diversity of task;

 

social aspects.

 

The consideration of these factors may vary according to the individual enterprise.

 

(d)        Shift Rosters -

 

(i)         Rosters must be developed between employers, employees and the union and provision made for ongoing consultation and resolution of disputes about the rosters.

 

To reduce the hazards associated with night and shift work, rosters should be designed to:

 

have the least possible number of night shifts in succession;

 

have at least a twelve-hour interval between shifts;

 

include at least two free weekends each month;

 

allow workers some flexibility about shift change times; and

 

wherever possible breaks should be spread evenly throughout the shift and be taken at the same time, particularly in a night shift.

 

Consideration should be given to the frequency and extent of tea and crib breaks.

 

(ii)        An employee working twelve-hour shifts should not work overtime other than in the exceptional circumstances such as where a relief operator is not available, in which case a maximum of two hours overtime only should be worked.

 

(e)        Administration Measures - Discussions should take place, co-incidental with discussions regarding the introduction of twelve-hour work periods, with respect to the introduction of a range of employer support services to assist in minimising the inconvenience and disturbances of such extended hours.  For example, such services could include:

 

provision of adequate information in everyday language, to address such issues as shift rosters, rest, fatigue, the effects of medication and other drugs, employer services, etc. (this information should be provided in appropriate languages);

 

availability of nutritionally balanced meals and drinks during shifts;

 

provisions of rest areas and social/recreational facilities;

 

training for supervisors to increase awareness of the special requirements of twelve-hour shift working;

 

child care arrangements.

 

(f)         Health and Related Matters - Health Services - All employers have a general duty of care to provide a safe and healthy work environment for their workers.

 

Health supervision and health care for workers is important.  Employers may wish to consider such measures as health counselling and preventative health care, pre-placement (not pre-employment) screening in order to advise the worker about adjustment to their job and periodic health examinations.

 

Schedule "D"

 

OLD CLASSIFICATION STRUCTURE*

 

* Former Transitional wages classification system to facilitate the introduction of skill levels in December 1998.  Retained for historical reference only.

 

Classification and Assigned Wage Band Numbers

 

Division "A" - Carpets -

 

No.	Classification					Old Pay Group No.	Wage Band
1.	Assistant foreperson					BP	3C
2.	Back Starcher					N	1B
3.	Beamer					W	2A
4.	Brusher and/or steamer					N	1B
5.	Card fettler					Y	2A
6.	Copyist					AP	2D
7.	Creeler					O	1B
8.	Dye house and/or bleach house operator or attendant					R	2A
9.	Dye-stuffs and/or chemicals wither and/or designer					AB	2B
10.	Examiner and/or mender:
	Woven Carpets					Y	2A
	Other					N	1B
11.	Fork Lift Driver (see clause 19(e))					see note below
12.	Hand trials					R	2A
12A.	High rise stacker operator (see clause 5(h))					see note below
13.	Inspector - Latex finish					R	2A
14.	Jacquard card stamper and/or lacer					R	2A
15.	Labourer					A	1A
16.	Latex backing dryer					R	2A
17.	Textile mechanic:
		1st year's experience				BA	3C
		2nd years experience				BI	3C
		Thereafter				BO	4B
18.	Machine operators and/or attendants not elsewhere specified					R	2A
19.	Moulder (carpet)					Y	2A
20.	Oiler and/or cleaner					F	1A
21.	Recorder					AB	2B
22.	Roller and/or measurer					N	IB
23.	Rug and/or sample section operator					R	2A
24.	Sewing Machinist:
		mould carpets				AB	2B
		other				V	2A
25.	Shearer					Y	2A
26.	Solderer					R	2A
27.	Spool setter:
		1st three months experience				I	1A
		2nd three months experience				S	2A
		Thereafter		AG	2D
28.	Storeman/woman (see clause 5(h))					see note below
29.	Sweeper					A	1A
30.	Test room and/or laboratory attendant					AB	2B
31.	Threader					R	2A
32.	Tow motor driver (see clause 5(h))					see note below
33.	Trimmer					R	2A
34.	Trucker and/or wheeler and/or conveyor					A	1A
35.	Tufting machine operator					Y	2A
36.	Warehouse employee (see clause 5(h))					see note below
37.	Warp sizer and beamer jute and cotton					Y	2A
38.	Weaver:
	(a)	Trainee (regardless of loom type or width):
		1st three months experience				M	IB
		2nd three months experience				W	2A
	(b)	Weaver looms up to 9ft. wide:
			Plain Wilton			W	2A
			Axminster			AH	2D
			Jacquard Wilton			AK	2D
	(c)	Weaver looms over 9ft. wide:
			Plain Wilton			AJ	2D
			Axminster			AS	2D
			Jacquard Wilton			AW	2E
39.	Whipper					R	2A
40.	Winder - bobbin and/or cheese					N	IB
41.	All other adults not elsewhere specified					A	1A
Division "B" - Commission Dyeing - Bleaching and/or Finishing -
1.	Assistant foreperson					BL	3C
2.	Board and/or press hand (including pre-boarding)					W	2A
3.	Cloth cutting or cropping machine attendant					Y	2A
4.	Cutting measured lengths of finished cloth, employee
	responsible					R	2A
5.	Dye house and/or bleach house and/or finishing machine
	operator/attendant					R	2A
6.	Dye stuffs and/or chemicals weigher and/or dispenser					AB	2B
7.	Examiner and/or passer of pieces:
	(a)	after mending				AM	2D
		other				R	2A
8.	Examiner during finishing process					W	2A
9.	Examiner of finished cloth					AC	2B
10.	Examiner of finished cloth, assistant					R	2A
11.	Fork lift driver (see clause 5(h))					see note below
12.	Grader and/or pairer					N	1B
13.	Grey room attendant					N	1B
14.	Hank stripper and/or puller						1B
14A.	High rise stacker operator (see clause 5(h))					see note below
15.	Knotter and/or burler					N	1B
16.	Labourer					A	1A
17.	Machine operators and/or attendants not elsewhere specified					R	2A
18.	Mender and/or darner
		Worsted				AD	2B
		Other				R	2A
19.	Oiler and/or cleaner					F	1A
20.	Passer of domestic flanner and/or blankets					R	2A
21.	Piece scouring and/or washing machine milling and/or piece
	carbonising machine operators and/or attendants					W	2A
22.	Recorder					AB	2B
23.	Rug Fringer					Q	1B
24.	Steam press operator - hosiery					AM	2D
25.	Storeman/woman (see clause 5(h))					see note below
26.	Sulphur house hand (for time engaged on sulphur - house
	work)					AC	2B
27.	Sweeper					A	1A
28.	Test room and/or laboratory attendant					AB	2B
29.	Tow motor driver (see clause 5(h))					see note below
30.	Trucker and/or wheeler and/or conveyor					A	1A
31.	Warehouse employee (see clause 5(h))					see note below
32.	Water softening plant operator in charge					AB	2B
33.	All other adult employees not elsewhere specified					A	1A
Division "C" - Cotton and Man Made Fibre -
1.	Assistant foreperson             BR					BR	3C
2.	Back tenter  -						1B
3.	Beam lifter  -						1B
4.	Card cutter:
		1st year's experience				AJ	2D
		2nd years experience				AY	2E
		Thereafter				BF	3B
5.	Card and/or chain maker					R	2A
6.	Cloth doffer					A	1A
7.	Creeler					F	1A
8.	Cropper					R	2A
9.	Doffer					A	1A
10.	Drawer-in					AB	2B
11.	Dry taper					W	2A
12.	Dye stuffs and/or chemicals weigher and/or dispenser					AB	2B
13.	Examiner and/or picker - finished cloth					Y	2A
14.	Examiner and/or picker-loom state cloth					R	2A
15.	Finisher and/or cutter, examiner, parceller and trimmer					R	2A
16.	Finishing operators not elsewhere specified					R	2A
17.	Fork lift driver (see clause 5(h))					see note below
18.	Heddle cleaner						1B
18A.	High rise stacker operator (see clause 5(h))					see note below
19.	Labourer					A	1A
20.	Textile mechanic:
		1st year's experience				BA	3C
		2nd years experience				BI	3C
		Thereafter				BO	4B
21.	Textile mechanic/assistant					AJ	2D
22.	Machine operators and/or attendants not elsewhere specified					R	2A
23.	Oiler and/or cleaner					F	1A
23A.	Pedestrian fork lift operator (see clause 5(h))					see note below
24.	Reacher-in  -						1B
25.	Recorder					AB	2B
26.	Repairer - binder, harness frame, reed or shuttle					R	2A
27.	Roller coverer					AJ	2D
28.	Roller coverer's assistant  -						1B
29.	Sewing machinist:
		1st 6 weeks experience				B	1A
		Thereafter				V	2A
30.	Sizer					AJ	2D
31.	Sizer's assistant					R	2A
32.	Smash weaver					AB	2B
33.	Storeman/woman (see clause 5(h))					see note below
34.	Storeman in charge of finished cloth (see clause 5(h))					see note below
35.	Stripper and grinder - cards					AB	2B
36.	Sweeper					A	1A
37.	Tapeman					-	1B
38.	Test room and/or laboratory attendant					AB	2B
39.	Tier-in					AB	2B
40.	Tow motor driver (see clause 5(h))					see note below
41.	Trucker wheeler and/or conveyor					A	1A
42.	Twister-in					AB	2B
43.	Warehouse employee (see clause 5(h))					see note below
44.	Warp gaiter					AB	2B
45.	Warp tying assistant					-	1B
46.	Warper					W	2A
47.	Weaver:
		1st three months experience				J	1B
		Thereafter				AB	2B
48.	Weft supplier					A	1A
49.	Yarn packer  -						1B
50.	All other adult employees not elsewhere specified					A	1A
Division "D" - Elastic Webbing and Lace -
1.	Assistant foreperson					BL	3C
2.	Braiding machine operator:					A	1A
		1st 3 months experience				R	2A
		Thereafter				R	2A
3.	Card stamper, handler and/or changer					R	2A
4.	Circular lace machine operator and/or attendant:
		1st 3 months experience				A	1A
		Thereafter				R	2A
5.	Creeler					F	1A
6.	Drawer and/or ironer					M	1B
7.	Dye house and/or bleach house and/or finishing machine
	operator and/or attendant					R	2A
8.	Dye stuffs and/or chemicals weigher and/or dispenser					AB	2B
9.	Examiner and/or carder					R	2A
10.	Fork lift driver (see clause 5(h))					see note below
10A.	High rise stacker operator (see clause 5(h))					see note below
11.	Labourer					A	1A
12.	Textile mechanic:
		1st year's experience				BA	3C
		2nd years experience				BI	3C
		Thereafter				BO	4B
13.	Machine operators and/or attendant not elsewhere specified					R	2A
14.	Oiler and/or cleaner					F	1A
15.	Pattern fixer:
		1st year's experience				T	2A
		Thereafter				AH	2D
16.	Recorder					AB	2B
17.	Rubber Coverer:
		1st three months experience				A	1A
		Thereafter				R	2A
18.	Rubber Warper:
		1st 3 months experience				A	1A
		Thereafter				R	2A
19.	Storeman/woman (see clause 5(h))					see note below
20.	Sweeper					A	1A
21.	Test room and/or laboratory attendant					AB	2B
22.	Tow motor driver (see clause 5(h))					see note below
23.	Trucker and/or wheeler and/or conveyor					A	1A
24.	Warehouse employee (see clause 5(h))					see note below
25.	Warper:
		1st 3 months experience				E	1A
		Thereafter				W	2A
26.	Weaver:
		1st 3 months experience				E	1A
		Thereafter				W	2A
27.	All other adult employees not elsewhere specified					A	1A
Division "E" - Fabric Printing -
1.	Assistant foreperson					BR	3C
2.	Colour and/or gum mixing, operator in charge					AC	2B
3.	Colour and/or gum mixer, other					R	2A
4.	Designer					CE	5A
		Other				CD	4A
5.	Engraver of designs on copper rollers					AN	2D
6.	Examiner of finished products					R	2A
7.	Fork lift driver (see clause 5(h))					see note below
7A.	High rise stacker operator (see clause 5(h))					see note below
8.	Labourer					A	1A
9.	Machine operators and or attendants not elsewhere specified					R	2A
10.	Oiler and/or cleaner					F	1A
11.	Printing machine assistant not elsewhere specified					-	1B
12.	Recorder					AB	2B
13.	Roller grinder					R	2A
14.	Roller machine printing, operator in charge					AN	2D
15.	Roller machine and/or rotary screen printing assistant					R	2A
16.	Rotary screen printing, operator in charge					AN	2D
17.	Screen maker					Y	2A
18.	Screen room assistant					R	2A
19.	Steaming, operator in charge					Y	2A
20.	Storeman/woman (see clause 5(h))					see note below
21.	Sweeper					A	1A
22.	Technical drawer:
		1st year's experience				AU	2E
		Thereafter				CC	3B
23.	Technical photographer (charge hand)					AJ	2D
24.	Technical photographer					R	2A
25.	Test room and/or laboratory attendant					AB	2B
26.	Textile printer (automatic) flat bed:
		1st three months experience				M	1B
		Thereafter				AD	2B
27.	Textile printer (hand) flat bed:
		1st 3 months experience				G	1A
		Thereafter				Y	2A
28.	Tow motor driver (see clause 5(h))					see note below
29.	Trucker and/or wheeler and/or conveyor					A	1A
30.	Warehouse employee (see clause 5(h))					see note below
31.	All other adult employees not elsewhere specified					A	1A
Division "F" - Felts -
1.	Assistant foreperson					BL	3C
2.	Burlers and/or menders					AD	2B
3.	Fork lift driver (see clause 5(h))					see note below
3A.	High rise stacker operator (see clause 5(h))					see note below
4.	Joiners and/or seamers					AU	2E
5.	Labourer					A	1A
6.	Machine operators and/or attendants not elsewhere specified					Y	2A
7.	Oiler and/or cleaner					F	1A
8.	Recorder					B	2B
9.	Sewing machinist					AL	2B
10.	Storeman/woman (see clause 5(h))					see note below
11.	Textile mechanic:
		1st year's experience				BA	3C
		2nd years experience				BI	3C
		Thereafter				BO	4B
12.	Tow motor driver (see clause 5(h))					see note below
13.	Warehouse employee (see clause 5(h))					see note below
14.	Warper, weaver and or drawer-in					AB	2B
15.	Weaver/jobber and/or weaver/starter					BI	3C
16.	All other adult employees not elsewhere specified					A	1A
Division "G" - Knitting -
1.	Assistant foreperson full fashioned hosiery					BR	3C
2.	Assistant foreperson - other					BL	3C
3.	Board and/or press hand (including pre-boarding)					W	2A
4.	Creeler					F	1A
5.	Cutter machine (including Gerber machine cutter)					CF	3C
6.	Cutter - hand					CG	3C
7.	Cutter - hosiery					CH	3A
8.	Dye stuffs and/or chemicals weigher and/or dispenser					AB	2B
9.	Dye house and/or bleach house machine operator or
	attendant					R	2A
10.	Examiner:
		Outerwear				R	2A
		Other				N	1B
11.	Finisher					N	1B
12.	Folder (including fabrics)					N	1B
13.	Fork lift driver (see clause 5(h))					see note below
14.	Grader and/or pairer					N	1B
14A.	High rise stacker operator (see clause 5(h))					see note below
15.	Knitter:
		1st 3 months experience				D	1A
		2nd 3 months experience				P	1B
		Thereafter				AA	2A
16.	Knitter/threader (warp knitting)					AJ	2D
16A.	Knitter - hand (Needles)					AA	2A
17.	Layer up machine					R	2A
17A.	Layer up hand					N	1B
18.	Labourer					A	1A
19.	Linker:
		1st 3 months experience				D	1A
		Thereafter				Z	2A
20.	Machine Operator full fashions:
		1st year's experience				Al	2D
		Thereafter				BB	3A
21.	Machine operators and/or attendants not elsewhere specified
	(including Autoclave and women in charge of die cutting
	machine)					R	2A

 

22.	Machinist (sewing)
		1st 3 months experience	D	1A
		Thereafter	AL	2B
22A.	Marking in operator (computerised systems)		CF	3C
23.	Textile Mechanic:
		1st year's experience	BA	3C
		2nd years experience	BI	3C
		Thereafter	BO	4B
23A.	Textile Mechanic Special Class (as defined)		CL	5B
24.	Micro processor (lock stitch machine)		AL	2B
25.	Mender		Z	2A
26.	Oiler and/or cleaner		F	1A
27.	Parceller and/or boxer and/or assembler		N	1B
28.	Presser (hand) and/or ironer including Simmonds steam iron)		U	2A
29.	Recorder		AB	2B
30.	Seamer:
		1st six weeks experience	D	1A
		Thereafter	Z	2A
31.	Textile Mechanic (sewing machine)		BO	4B
31A.	Textile Mechanic Special Class (sewing machine)
	(as defined)		CL	5B
32.	Spinner, twister, winder and/or reeler		R	2A
33.	Steam press operator		AM	2D
34.	Storeman/woman (see clause 5(h))		see note below
35.	Sweeper		A	1A
36.	Test room and/or laboratory attendant		AB	2B
37.	Topper		N	1B
38.	Tow motor driver (see clause 5(h))		see note below
39.	Trimmer		H	1A
40.	Trucker and/or wheeler and/or conveyor		A	1A
41.	Warehouse employee (see clause 5(h))		see note below
42.	Warper		W	2A
43.	All other adult employees not elsewhere specified		A	1A
Division "H" - Narrow Fabrics, Trimmings and Embroidery -
1.	Assistant foreperson		BL	3C
2.	Assistant on automatic embroidery machine		R	2A
3.	Braiding machine operator:
		1st 3 months experience	A	1A
		Thereafter	R	2A
4.	Card stamper, handler and/or changer		R	2A
5.	Cord spinner:
		1st 3 months experience	A	1A
		Thereafter	R	2A
6.	Cord twister:
		1st 3 months experience	A	1A
		Thereafter	R	2A
7.	Creeler		F	1A
8.	Embroidery embosser (repairs)		Z	2A
9.	Embroidery machine operator (automatic shuttle) 5-15 yards:
		1st 3 months experience	F	1A
		Thereafter	AF	2C
10.	Embroidery machine operator (other) 5-10 yards:
		1st 3 months experience	A	1A
		Thereafter	R	2A
11.	Finisher		L	1B
12.	Fork lift driver (see clause 5(h))		see note below
13.	Harness frame maker and/or repairer		R	2A
13A.	High rise stacker operator (see clause 5(h))		see note below
14.	Jacquard card cutter:		AJ	2D
		1st year's experience	AY	2E
		2nd years experience	BF	3B
		Thereafter	-	1B
15.	Jacquard card handler		A	1A
16.	Labourer
17.	Textile Mechanic:
		1st year's experience	BA	3C
		2nd years experience	BI	3C
		Thereafter	BO	4B
18.	Machine operators and/or attendants not elsewhere specified		R	2A
19.	Oiler and/or cleaner		F	1A
20.	Recorder		AB	2B
21.	Storeman/woman (see clause 5(h))		see note below
22.	Sweeper		A	1A
23.	Tassel hand (cordage)		N	1B
24.	Test room and/or laboratory attendant		AB	2B
25.	Tow motor driver (see clause 5(h))		see note below
26.	Trucker and/or wheeler and/or conveyor		A	1A
27.	Twister-in		AB	2B
28.	Warehouse employee (see clause 5(h))		see note below
29.	Warper:
		1st 3 months experience	E	1A
		Thereafter	W	2A
30.	Weaver:
		1st 3 months experience	J	1B
		Thereafter	AB	2B
31.	All other adult employees not elsewhere specified		A	1A
Division "I" - Mercerising -
1.	Fork lift driver (see clause 5(h))		see note below
1A.	High rise stacker operator (see clause 5(h))		see note below
2.	Labourer		A	1A
3.	Machine operators and/or attendants		R	2A
4.	Oiler and/or cleaner		F	1A
5.	Recorder		AB	2B
6.	Storeman/woman (see clause 5(h))		see note below
7.	Sweeper		A	1A
8.	Test room and/or laboratory attendant		AB	2B
9.	Tow motor driver (see clause 5(h))		see note below
10.	Trucker and/or wheeler and/or conveyor		A	1A
11.	Warehouse employee (see clause 5(h))		see note below
12.	Warp mercerising, operator in charge		AE	2C
13.	All other adult employees not elsewhere specified		A	1A
Division "J" - Quilting -
1.	Machine operators and/or attendants		R	2A
Division "K" - Sanitary Pads, Belts, Cotton Wool and Disposable
Napkins -
1.	Assistant foreperson		BL	3C
2.	Contour diaper machine operator (Kimberly Clark Only)		BJ	3B
3.	BCW line operator and/or diaper machine operator		CI	2D
4.	Feminine napkin machine operator		CJ	2C
5.	Fork Lift Driver (see clause 5(h))		see note below
5A.	High rise stacker operator (see clause 5(h))		see note below
6.	Labourer		A	1A
7.	Machine operators and/or attendants		R	2A
8.	Oiler and/or cleaner		F	1A
9.	Storeman/woman (see clause 5(h))		see note below
10.	Sweeper		A	1A
11.	Test room and/or laboratory attendant		AB	2B
12.	Tow motor driver (see clause 5(h))		see note below
13.	Trucker and/or wheeler and or conveyor		A	1A
14.	Utility attendant diaper machine		CK	2B
15.	Warehouse employee (see clause 5(h))		see note below
16.
	All other adult employees not elsewhere specified		A	1A
Division "L" - Synthetic Fibres and Throwsters -
1.	Assistant foreperson (extrusion, spinner, draw twister,
	texturising, staple, warper, weaver)		BQ	4A
2.	Assistant foreperson - other		BR
3.	Ancillary operative (pack assembler and/or dissembler, salt			3C
	bath, steam air furnace, spinner broacher, pinneret inspector,
	spin finish)		W	2A
4.	Creeler		F	1A
5.	Fork lift driver (see clause 5(h))		see note below
5A.	High rise stacker operator (see clause 5(h))		see note below
6.	Inspector and packer		W	2A
7.	Machine cleaner and/or stripper		F	1A
8.	Machine operators and/or attendants not elsewhere specified
	(including Autoclave)		R	2A
9.	Oiler and/or cleaner		F	1A
10.	Polymer handling attendant		F	1A
11.	Process operative (extrusion spinner, draw twister,
	texturising, staple warper, weaver)		W	2A
12.	Process operative (polymerisation)			2A
13.	Service employee (including cleaner in production areas) -		A	1A
14.	Storeman/woman (see clause 5(h))		see note below
15.	Tapeman		-	1B
16.	Test room and/or laboratory attendant		AB	2B
17.	Trainee operative (classification 11) maximum period 3
	months		A	1A
18.	Tow motor driver (see clause 5(h))		see note below
19.	Warehouse employee (see clause 5(h)		see note below
20.	Warper		W	2A
21.	Waste Presser		R	2A
22.	Weaver - tyre cord		W	2A
23.	All other adult employees not elsewhere specified		A	1A
Division "M" - Waste, Flock and Wadding -
1.	Assistant foreperson		BL	3C
2.	Cutter		R	2A
3.	Fork lift driver (see clause 5(h))		see note below
3A.	High rise stacker operator (see clause 5(h))		see note below
4.	Labourer		A	1A
5.	Machine operators opening, carding, needling washing		S	2A
6.	Machine operators and/or attendants not elsewhere specified		R	2A
7.	Machine operator's assistant		C	1A
8.	Oiler and/or cleaner		F	1A
9.	Presser		R	2A
10.	Recorder		AB	2B
11.	Storeman/woman (see clause 5(h))		see note below
12.	Sweeper		A	1A
13.	Test room and/or laboratory attendant		AB	2B
14.	Tow motor driver (see clause 5(h))		see note below
15.	Trucker and/or wheeler and/or conveyor		A	1A
16.	Warehouse employee (see clause 5(h))		see note below
17.	Waste sorter		R	2A
18.	All other adult employees not elsewhere specified		A	1A
Division "N" - Woollen and Worsted -
1.	Assistant foreperson and/or overlooker (wool stores) (see
	clause 5(h))		CB	4A
2.	Assistant foreperson and/or overlooker (spin setting)		BR	3C
3.	Assistant foreperson and/or overlooker (weaving)		BR	3C
4.	Assistant foreperson and/or overlooker (other sections)		BL	3C
5.	Acid bowl attendant (see clause 5(h))		BY	2E
6.	Back-wash machine operator		W	2A
7.	Beam lifter		R	2A
8.	Blender, bedder and blend oiler		W	2A
9.	Buncher, bundler and/or tier, ticketer and/or tabber		K	1B
10.	Burr crushing machine attendant (see clause 5(h))		BX	2E
11.	Card chain maker		R	2A
12.	Card cutter		R	2A
13.	Cloth doffer		A	1A
14.	Cloth cutting or cropping machine attendant		Y	2A
15.	Colour and/or batch matcher		AB	2B
16.	Comb minder		W	2A
17.	Creeler		F	1A
18.	Doffer		A	1A
19.	Drawer-in (fancy warps):
		1st year's experience	F	1A
		2nd years experience	X	2A
		Thereafter	AR	2D
20.	Drawer-in (others)		AB	2B
21.	Dryer attendant (see clause 5(h))		BX	2E
22.	Dye house and/or bleach house and/or finishing machine
	operators attendants		R	2A
23.	Dye-stuffs and/or chemicals weigher and/or dispenser		AB	2B
24.	Examiner of cloth (loomstate)		R	2A
25.	Examiner of cloth (loomstate) assistant		F	1A
26.	Examiner during finishing process		W	2A
27.	Examiner of finished cloth		AC	2B
28.	Examiner of finished cloth - assistant		R	2A
29.	Examiner of hanks		N	1B
30.	Examiner and passer of pieces after mending		AM	2D
31.	Examiner and/or passer of pieces (others)		R	2A
32.	Fabric splicer (paper mills felt)		AD	2B
33.	Fettler and/or card grinder		W	2A
34.	Fork lift driver (see clause 5(h))		see note below
35.	Hank stripper and/or puller		-	1B
36.	Heddle cleaner		-	1B
37.	Knotter and Burler		N	1B
38.	Labourer		A	1A
39.	Lanoline plant operator		BZ	3B
40.	Textile Mechanic:
		1st year's experience	BA	3C
		2nd years experience	BI	3C
		Thereafter	BO	4B
41.	Textile Mechanic/Assistant		AJ	2D
42.	Machine operators and/or attendants not elsewhere specified		R	2A
43.	Make-up of shade cards or tassels		N	1B
44.	Man in charge of one pair of mules		AD	2B
45.	Mender and/or darner (worsted)		AD	2B
46.	Mender and/or darner (other)		R	2A
47.	Needling machine operator (paper mill felts)		Y	2A
48.	Neutraliser attendant overlooking bowls in carbonising plant
	(see clause 5(h))		BZ	3B
49.	Neutraliser attendant (see clause 5(h))		W	2A
50.	Oiler and/or cleaner		F	1A
51.	Parceller and/or boxer or wool top wrapper inspector		N	1B
52.	Passer of domestic flannels and/or blankets		R	2A
53.	Picker		N	1B
54.	Piece scouring and/or washing machine and/or piece
	carbonising machine operator		W	2A
55.	Pin setter:
	(a) Comb circle and/or French comb cylinder:
		1st year's experience	AY	2E
		2nd years experience	BF	3B
		Thereafter	BP	3C
	(b) Fallers and/or porcupines:
		1st year's experience	F	1A
		2nd years experience	X	2A
		Thereafter	AR	2D
56.	Reacher-in		-	1B
57.	Recorder		AB	2B
58.	Repairer - harness frame, binder, reed and/or shuttle		R	2A
59.	Roller-coverer		AJ	2D
60.	Roller coverer's assistant		-	1B
61.	Rug fringer		Q	1B
62.	Sewing machinist		V	2A
63.	Shrink resistant process - operator in charge		AB	2B
64.	Shrink resistant process - attendant		W	2A
65.	Sizing machine operator		AJ	2D
66.	Sizer's assistant		R	2A
67.	Silber dabber, maker/repairer		W	2A
68.	Sorter of noils and/or waste		R	2A
69.	Storeman/woman (see clause 5(h))		see note below
70.	Sulphur house hand (for time engaged on sulphur work)		AC	2B
71.	Sweeper		A	1A
72.	Taker off and examiner		R	2B
73.	Tapeman		-	1B
74.	Test room and/or laboratory attendant		AB	2B
75.	Tier-in		AB	2B
76.	Tier-in assistant		-	1B
77.	Tow motor driver (see clause 5(h))		see note below
78.	Trucker and/or wheeler and/or conveyor		A	1A
79.	Twister-in		AB	2B
80.	Warehouse employee (see clause 5(h))		see note below
81.	Warp gaiter		Y	2A
82.	Warper - on vertical type machine		AT	2D
83.	Warper-fancy-warper on double faced rugs and warper using
	waving attachment		AE	2C
84.	Warper - plain		W	2A
85.	Waste collector, sorter baler and presser (including presser
	of noils)		R	2A
86.	Weaver patterns		AJ	2D
87.	Weaver:
		1st 3 months experience	G	1A
		Thereafter	Y	2A
88.	Weft supplier		A	1A
89.	Wet crabber operator		W	2A
90.	Wool picker		R	2A
91.	Wool top packer and/or presser and/or strapper and/or
	brander		W	2A
92.	Wool sorter (see clause 5(h))		CA	3C
93.	Wool scourer and/or carboniser (other than foreperson
	responsible for mixing liquors and working of bowls)
	(see clause 5(h)		BZ	3B
94.	Wool store employees, trucker, presser and storeman and/or
	packer substantially employed as such) (see clause 5(h)		BY	2D
95.	All other adult employees not elsewhere specified		A	1A

 

NOTE:  The classifications relating to Storemen/women, warehouse employees, fork lift drivers, tow motor drivers, pedestrian fork lift drivers and the high rise stacker fork lift driver have not been broadbanded as their rates of pay are linked to parent awards.

 

SCHEDULE "E"

 

FORM OF INDENTURE OF APPRENCTICESHIP

 

This indenture, made the			day of			20	between		(hereinafter called
the employer") of the first part and							of	(hereinafter called the
"apprentice") of the second part and							the apprentice (hereinafter called the
	of the third part.

 

Now this indenture witnesseth:

 

1.          This apprentice, of his/her own free will and with the consent of the hereby binds himself to serve his/her employer as his/her apprentice as hereinafter mentioned for the term of years, from

 

2.          The employer covenants with the                                   and the                                                  apprentice, and with each of them separately:

 

(a)        That he/she will accept the apprentice as his/her apprentice for the said term of                     years, and during the term will instruct the apprentice or cause him to be instructed, in the functions or process of and will furnish the apprentice with all materials and facilities necessary to enable him to learn such functions or process as aforesaid.

 

(b)        That he/she will pay to the apprentice weekly during the said term the rates of wage for the time being prescribed by this award of the Industrial Relations Commission of New South Wales of New South Wales.

 

3.          The apprentice and                                                  covenant with the employer:

 

(a)        That the apprentice shall truly and faithfully during the term, serve the employer as his/her apprentice aforesaid and shall diligently attend to the business and at all times willingly obey the lawful commands of the employer, and shall not absent himself from the employer’s service without leave of the employer, or in accordance with the law.

 

(b)        That in the case the apprentice be at any time during the term wilfully disobedient to the commands of the employer, or be habitually slothful or negligent or otherwise grossly misbehaves himself towards the employer, the employer may, subject to the approval of the appropriate State Authority, determine this indenture and discharge the apprentice from his/her service.

 

(c)        That the employer may deduct from time to time from the wages to be paid to the apprentice such sums as may be reasonable for any loss of time occasioned by the absence of the apprentice from his/her employment through any cause, including rationing or suspension approved by the appropriate State Authority, but not including the acts, defaults or commands of the employer or any statutory enactment.

 

(d)        That any question or difference arising between the employer and the apprentice relating to this indenture or anything contained herein or the construction or operation hereof or any rights, duties or liabilities of the employer or the apprentice hereunder, shall be determined by the said State Authority.

 

(e)        That this indenture may, subject to the approval of and upon notice in writing to the said State Authority, be cancelled by mutual consent.

 

(f)         That this indenture shall not be assigned, except with the approval of the said State Authority.

 

(g)        That this indenture shall be handed over to the said apprentice on the completion of his/her terms of service herein, with a certificate of the apprentice’s service endorsed thereon.

 

And for the true performance of all and every of the said covenants and agreements, each of the said parties bindeth himself to the other by these presents.

 

Signed, sealed and delivered by the said

 

Employer	Witness
Apprentice	Witness
Parent or Guardian	Witness

 

CERTIFICATE OF AGE

 

I                                                (parent’s or guardian’s name in full), do hereby solemnly declare and affirm that the within named apprentice was born on the day of                        20    , and I                                  apprentice’s name), do likewise declare and affirm that I have been informed and verily believe that I was born on such day as aforesaid.  Taken and declared at in the State of                                   on this        day of                         20    .

 

Before me:

A Justice of the Peace.

 

ASSIGNMENT OF THE WITHIN INDENTURE

 

The within named employer                             do hereby with the consent of assign the within indenture, and the services there under of the within named apprentice of                                       and his/her executors; and the said unto doth hereby declare his/her acceptance of such apprentice and acknowledges himself and his/her executors and administrators to be bound by the covenants on the part of the employer of such apprentice, to be done and performed as fully as if he/she himself had entered into the same as a party under that indenture.

 

In witness whereof the parties hereto have set their hands and seals this           day of                                  20   .

 

Signed, sealed and delivered by the said

 

Employer.

 

(Seal)

 

of their executors or administrators.

 

(Consenting party or parties)

 

(Seal)

 

in the presence of:

 

SCHEDULE "F"

 

TRANSLATION PROCEDURE

 

Step 1  Getting ready

 

Arrange and conduct a meeting of the Translation Committee or Consultative Committee to:

 

Set date/s for union/employee training and make the necessary arrangements

 

Set date/s for joint training and make the necessary arrangements

 

Conduct a survey of the language needs of the workforce

 

Carry out inspection of the factory/workplace to familiarise the Committee with the different sections/work areas.

 

Step 2  Training and Planning

 

Undertake union/employee training.

 

Undertake joint training.

 

Set date/s for information session/s to workforce and make the necessary arrangements.

 

Set date/s for transferring the workforce to the new skill levels.

 

Arrange for suitable interpreters to be available for information sessions and completion of the Questionnaire (and Checklist where used).

 

Agree on the order in which different sections of the factory/workplace will be translated and establish and prominently display a timetable for translation including the date/s for information sessions to the workforce and for the completion of the Questionnaire (and Checklist where used).  Translation should commence as soon as possible after the delivery of training, and must be completed within the transition period.

 

Agree on how the completion of the Questionnaire (and Checklist where used) will be managed eg. by sections, by language groups.

 

Select appropriate space within the factory/workplace to carry out translation procedures.

 

Obtain all the materials necessary.

 

Provide information to the whole of the workforce on the translation to the new Skill Based Classification Structure.  This may be provided verbally and/or in written form and/or by way of a poster.  This may be delivered in sections or language groups or to the workforce as a whole.

 

Arrange for the Committee to brief supervisors on the translation process and provide copy of written materials.

 

Step 3  Preparing the Skills Questionnaire (and Checklist where used)

 

In preparation for the Skills Based Classification Structure, an enterprise may, in consultation with the Committee choose to list machine types and then classify the operations performed on them into:

 

basic

 

intermediate

 

complex

 

This information can be used to assist in determining skill levels by identifying technical skills.  It cannot be used without the Questionnaire.

 

The Checklist must be agreed to as accurate by the Committee before it can be used in the translation process.

 

Arrange for Questionnaire (and Checklist where used) to be copied for each member of the workforce.

 

Number each Questionnaire (and its accompanying Checklist where used) consecutively beginning with number 1.

 

Every page of the same Questionnaire (and accompanying Checklist where used), should be given the same number so that if pages of a completed Questionnaire (and Checklist where used become detached, they can be identified.

 

Step 4  Completing the Questionnaire (and Checklist where used)

 

Responses to the Questionnaire (and Checklist where used) should relate to recurring activities which an employee is competent in and is expected to carry out.  Activities which are carried out infrequently or at unpredictable times should be included as long as they are recurring activities which an employee is competent in and is expected to carry out during a normal twelve monthly production cycle.

 

Activities which an employee has been called on to carry out, only from time to time, because of extraordinary production requirements would not be included.  In this case, where employees are called on to exercise high level skills, they would be paid in accordance with  clause 14 Mixed Functions of this award.

 

For example, an employee called on to carry out the activities of another employee because that employee is temporarily absent for a short period of time would not include these activities in their response to the Questionnaire (and Checklist where used).  However, if it is the part of an employee's specific duties to relieve in the case of the absence of other employees, as is the case for utility machinists, then those activities should be included.

 

Periods of training are not to be regarded as part of an employee's usual work.

 

Arrange for the Questionnaire (and Checklist where used) to be completed by each employee, in manageable groups, during working hours in the manner agreed by the Committee eg., in section/work area, language group.

 

At least one union and one employer representative of the committee, with the help of interpreters if necessary, will act as facilitators for each group and the facilitators shall explain the Questionnaire (and Checklist where used) and how to fill it out.

 

They will answer questions about the Questionnaire (and Checklist where used) and ensure that all of the relevant questions have been answered. The role of facilitators is to clarify the meaning of questions to enable employees to make their own responses.

 

An employee may request a supervisor to complete the Checklist (where used) on behalf of the employee.

 

Facilitators should pay particular attention to filling in the name of the employee, the job title and the wage band number on to the skill allocation form.

 

Facilitators should answer any questions about what happens next.

 

Step 5  Allocating Skill Levels

 

The Committee shall meet and perform the following procedures:

 

Ensure a committee secretary is present and has a Skill Level Allocation Form for each employee.

 

Ensure that each member has a copy of the completed Questionnaire (and Checklist where used) for each employee in the same order and a copy of the skill level classification structure.

 

The Committee shall then call in supervisors to endorse the employee responses to the Questionnaire (and Checklist where used).  Where supervisors disagree with certain responses they shall give their reasons for such differences and these shall be discussed with the employee concerned, with the assistance of an interpreter if necessary.  The Committee may seek any other information in an attempt to determine whether the disputed responses are acceptable and may view the employee at his or her work station.  Where the Committee cannot make a decision, the employees responses must be accepted.

 

For each employee:

 

determine the minimum skill level of the employee by comparing his/her wage band the relevant table appearing below:

 

Minimum Translation Tables:

 

 

The current Skill Level 7 Structure becomes the new Skill Level 5 Structure without amendment.

 

For example a employee in Skill Level 5 will have a minimum Translation to Skill Level 3.

 

review the completed Questionnaire (and Checklist where used) for the employee.

 

where an employee's Questionnaire (and Checklist where used) question/s are not answered clearly and members of a Committee require clarification of an employee's response this should be sought from the employee and if necessary their supervisor.

 

compare the completed Questionnaire (and Checklist where used) with the skill level above the minimum skill level for the employee.

 

if the employee cannot be allocated to the skill level above their minimum skill level then he/she remains on their minimum skill.

 

if the employee can be allocated to the skill level above their minimum skill level then compare the completed Questionnaire (and Checklist where used) with the next skill level and so on until the employee can be allocated.

 

the skill level allocated is the highest level in which the employee satisfies all the necessary requirements.

 

the Committee Secretary should record the skill level and key reasons for the decision on the Skill Allocation form.

 

the Questionnaire (and Checklists where used) and the Skill Level Allocation Forms should be kept in a safe place and be available for any subsequent review processes.

 

Step 6  Where consensus on the appropriate skill level is reached

 

Notify management and the employee of the recommended skill level.

 

If both the management and employee accept the recommendation it becomes the confirmed skill level and shall remain so until at least the expiry of the transition period.

 

Step 7  Where consensus of the appropriate skill level cannot be reached or where it is but the recommendation is not acceptable to management and/or the employee

 

The Committee will meet with management and the employee separately.  It will then review its decision taking into consideration the additional information it has obtained, and attempt to reach a consensus, which will be notified to management and the employee.

 

If consensus still cannot be reached within the Committee or its recommendation is still not acceptable to management and/or the employee, the matter shall be referred to senior management and a union official who shall endeavour to reach agreement.

 

Step 8  Senior management and the union official cannot reach agreement

 

If agreement cannot be reached between senior management and the union official the matter may be referred to the relevant Industrial Committee in accordance with clause 4 - Grievance Procedure of this award.

 

Textile Workers (State) Industrial Committee

 

Industries and Callings

 

Persons engaged in the manufacture and/or fabricating of textile goods including the following;

 

(1)        Artificial silk;

 

(2)        Braids;

 

(3)        Carpets;

 

(4)        Commission dyeing, bleaching and finishing;

 

(5)        Cotton;

 

(6)        Cotton wool;

 

(7)        Elastic webbing;

 

(8)        Embroidery;

 

(9)        Felt (other than paper felt), wool and/or fibre;

 

(10)      Filament yarns;

 

(11)      Flax;

 

(12)      Hosiery;

 

(13)      Knitted goods;

 

(14)      Kraft paper yarns;

 

(15)      Labels;

 

(16)      Lace;

 

(17)      Man-made fibres;

 

(18)      Mercerising;

 

(19)      Narrow fabrics;

 

(20)      Printing of textiles;

 

(21)      Pure silk;

 

(22)      Quilting;

 

(23)      Ribbons;

 

(24)      Sanitary pads and belts;

 

(25)      Synthetic fibres and yarns;

 

(26)      Tassels;

 

(27)      Textile waste and flock;

 

(28)      Trimmings;

 

(29)      Wadding;

 

(30)      Webbing tapes;

 

(31)      Woollen and worsted;

 

(32)      Winding yarn for knitted goods

 

and allied manufacturing and fabricating industries in all their branches and without limiting the meaning includes:

 

(a)        processing and treatment of raw cotton;

 

(b)        spinning, throwing, texturising, creping, extruding, mercerising, impregnating, processing and treatment of fibres, filaments, threads, tyre cords, or yarns of all descriptions including animal or vegetable fibres, artificial silk, cotton flax, pure silk, filament, synthetic fibres or wool, or any of them combined with one another or with any other animal, natural or synthetic fibre;

 

(c)        weaving, including hand weaving braids, fabrics, materials and/or webbing tapes of all kinds and descriptions;

 

(d)        dyeing, bleaching, calendering, cleaning, pressing and/or finishing of all types of fabrics, filament yarns, material wool tops, yarns and articles of all descriptions up to and including the completed product;

 

(e)        printing including hand printing, screen and/or roller printing and stamping of fabrics and/or articles of all kinds and descriptions;

 

(f)         mending and/or repairing (including invisible mending) of fabrics and/or articles of all kinds and descriptions;

 

(g)        manufacturing of artificial silk, filament yarns, man made fibres and/or synthetic fibres;

 

(h)        knitting and the manufacture of hosiery, half hose, children's hose, underwear, outerwear, jersey piecegoods, fabrics and like goods or materials;

 

(i)         storing, sorting, scouring, carbonising, mixing, blending and combing of wool and topmaking;

 

(j)         storing, blending, carding or garmenting of wool, hair, or other fibres, felting, needling, milling, tentering and/or drying;

 

(k)        handling or sorting of waste textile material, and/or jute cotton or the like;

 

(l)         every operation, process, duty and function carried on or performed in or in connection with or incidental to any of the foregoing, whether the whole process of manufacturing is carried on in one establishment or not;

 

(m)       persons engaged in the manufacture of knitted goods other than puttees and including all persons engaged winding yarn for knitted goods, and persons engaged in the operation of dyeing, bleaching, pressing and finishing as part of the process of manufacture of knitted piece goods and hosiery, whether the whole process of manufacture is carried on in one establishment or not;

 

(n)        employees engaged in the manufacture and/or treatment of braids, tassels and textile material for footwear;

 

(o)        persons engaged in the manufacture of textile goods, carpets, sanitary pads, cotton wool, wadding and felt (other than paper felt), and persons engaged in the operations of printing, dyeing, bleaching, pressing and finishing as part of the process of manufacture thereof, whether the whole process of manufacture is carried on in the one establishment or not; and persons engaged in the handling or sorting of waste textile material; and persons engaged in the manufacture of flock and waste and in the handling or sorting of waste textile material and/or jute, cotton or the like, for the purpose of such manufacture;

 

in the State, excluding the County of Yancowinna;

 

excepting engine drivers and firemen, greasers, trimmers, cleaners and pumpers, engaged in or about the driving of engines, carters, grooms, stablemen, yardmen and drivers of motor and other power propelled vehicles.

 

 

 

E. A. R. BISHOP, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.