Transport Industry (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 132867 of 2021)
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Before Commissioner Sloan
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29 March 2022
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REVIEWED
AWARD
Arrangement
Clause No. Subject Matter
PART A
SECTION I - WAGES, ALLOWANCES, AND HOURS OF EMPLOYMENT
1. Wages
2. Allowances
2A. Commitment
3. Hours of
Employment
4. Shift Work
5. Overtime
6. Saturday and
Sunday Work
7. Travelling
and Living Away Allowances
8. Meal
Breaks and Allowances
9. Casual
Employees
10. Part-time
Employees
11. Young
Employees
12. Payment of
wages
SECTION II - LONG DISTANCE WORK
13. Long
Distance Work
14. Rate of Pay
15. Future Adjustment
of Rates of Pay
16. Rostered
Days Off
SECTION III - LEAVE ENTITLEMENTS AND PUBLIC HOLIDAYS
17. Annual
Leave
18. Long
Service Leave
19. Sick Leave
20. Personal/Carer's
Leave
21. Bereavement
Leave
22. Parental
Leave
23. Public
Holidays
SECTION IV - INDUSTRIAL RELATIONS AND THE UNION
24. Dispute
Resolution Procedure
25. Union
Delegate
26. Union
Notice Board
27. Union Right
of Entry
28. Union
Picnic Day
SECTION V - OTHER PROVISIONS
29. Employees'
Duties
30. Mixed
Functions
31. Termination
of Employment
32. Redundancy
33. Superannuation
34. Jury
Service
35. Limitation
of Driving Hours
36. Limitation
of Overtime
37. Recall
38. Absences
From Duty
39. Commitment
to Training
40. Amenities
and First Aid Outfits
41. Uniforms
and Protective Clothing
42. Tools and
Apparatus
43. Cabins,
Hoods and Windscreens
44. Unauthorised
Persons Riding on Vehicles
45. Laundry and
Dry Cleaning - Special Provisions
46. Chauffeurs
- Special Provisions
47. Award
Modernisation
48. Definitions
49. Anti - Discrimination
50. Area,
Incidence and Duration
51. Secure
Employment
PART B
MONETARY RATES
Table 1 - Wages (Clause 1.1 - General Rates)
Table 2 - Wages (Clause 1.2 - Mobile Cranes &c.,
Rates)
Table 3 - Wages (Clause 1.3 - Ancillary Plant Drivers)
Table 4 - Wages (Clause 1.4 - Mobile Concrete Pump
Driver/Operators)
Table 5 - Wages (Clause 1.5 - Furniture Removals)
Table 6 - Wages (Clause 1.6 - Chauffeurs)
Table 7 - Allowances
Table 8 - Travelling and Living Away Allowance (Clause 7)
Table 9 - Meal Allowances (Clause 8)
Table 10 - Long Distance Rates (Clause 14)
Table 11 - Income Protection on Six Day Rosters -
Saturday (Clause 3.2.1)
Table 12 - Income Protection on Six Day Rosters - Sunday
(Clause 3.2.2)
Table 13 - Income Protection on Seven Day Rosters -
Saturday and Sunday (Clause 3.2.3)
PART A
SECTION I - WAGES,
ALLOWANCES AND HOURS OF EMPLOYMENT
1.1 General Rates
1.1.1 Rates of Pay: employees
falling within this division must be paid the rates of pay set out in Table 1
of Part B of this award.
1.1.2 Class C Driving
Licence
TRANSPORT WORKER GRADE ONE: employees appointed to this
grade can be required to perform any of the following functions for which they
have been trained:
extra hand;
yardperson;
rider of a motorcycle;
rider or driver of a horse;
driver of a tow motor;
bicycle courier.
Employees appointed to this grade can also be required
to perform occasional driving of vehicles for which a Class 1A driving license
is necessary provided that it is incidental to the preceding functions.
TRANSPORT WORKER GRADE TWO: employees appointed to this
grade can be required to perform any of the following functions for which they
have been trained:
driver of two-axle rigid vehicles with a gross vehicle
mass of up to 4.5 tonnes;
driver of forklifts with a capacity of up to 4.5
tonnes;
Transport Facility Worker (1)
TRANSPORT WORKER GRADE THREE: employees appointed to
this grade can be required to perform any of the following functions for which
they have been trained:
driver of two-axle rigid vehicles with a gross vehicle
mass of over 4.5 tonnes;
driver of forklifts with a capacity of over 4.5 tonnes
and up to 9 tonnes;
Transport Facility Worker (2)
driver of a straddle truck.
TRANSPORT WORKER GRADE FOUR: employees appointed to
this grade can be required to perform any of the following functions for which
they have been trained:
driver of three-axle rigid vehicles;
driver of forklifts with a capacity of over 9 tonnes
and up to 15 tonnes.
TRANSPORT WORKER GRADE FIVE: employees appointed to
this grade can be required to perform any of the following functions for which
they have been trained:
driver of four-axle rigid vehicles;
driver of articulated vehicles with a total of three
axles;
driver of rigid vehicle-trailer combinations with a
total of three axles;
driver of forklifts with a capacity of over 15 tonnes
and up to 30 tonnes.
TRANSPORT WORKER GRADE SIX: employees appointed to this
grade can be required to perform any of the following functions for which they
have been trained:
driver of articulated vehicles with a total of four
axles;
driver of rigid vehicle-trailer combinations with a
total of four axles;
driver of forklifts with a capacity of over 30 tonnes
and up to 60 tonnes.
TRANSPORT WORKER GRADE SEVEN: employees appointed to
this grade can be required to perform any of the following functions for which
they have been trained:
driver of articulated vehicles with a total of five
axles or six axles;
driver of rigid vehicle-trailer combinations with a
total of five axles or six axles or seven axles;
driver of forklifts with a capacity of over 60 tonnes;
TRANSPORT WORKER GRADE EIGHT: employees appointed to
this grade can be required to perform any of the following functions for which
they have been trained:
driver of double articulated vehicles (i.e.
"B-double combination vehicles");
driver of rigid vehicle-triple trailer combinations
(i.e. "road trains");
driver of gantry crane;
1. Wages
1.2 Mobile Crane
&C. Rates
Persons engaged as Drivers/Operators of Mobile Cranes
and Mobile Hydraulic Platforms employed by general carriers in connection with
their business, the carriage and delivery of goods, merchandise and the like
and/or in the performance of work incidental to the loading, unloading,
handling and/or placement of goods, will be classified as follows and must be
paid as provided for in Table 2 of Part B of this award:
1.2.1 Mobile Cranes:
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GRADE A:
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Up to 20 tonnes;
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GRADE B:
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From 21 tonnes and up to 40
tonnes;
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GRADE C:
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From 41 tonnes and up to 80
tonnes;
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GRADE D:
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From 81 tonnes and up to 100
tonnes;
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Thereafter for each additional 20 tonnes lifting capacity
an additional amount per week as set out in Table 2 of Part B must be paid.
1.2.2 Mobile Hydraulic
Platforms:
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GRADE A:
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Trainee (undergoing
structured training program in accordance with agreed standards);
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GRADE B:
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Boom length up to and including
11 metres (including trainee);
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GRADE C:
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Boom length over 11 metres
and up to 17 metres;
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GRADE D:
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Boom length over 17 metres
and up to 23 metres;
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GRADE E:
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Boom length over 23 metres
and up to 28 metres;
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Where the boom length rating is in excess of 28 metres
an additional amount per metre per week as set out in Table 4 of Part B must be
paid.
GRADE F: Mobile
hydraulic platform with an underbridge unit.
1.2.3 Crane Offsider.
1.2.4 Advanced Crane
Offsider.
1.3 Ancillary Plant
Driver Rates
Persons engaged as Ancillary Plant Drivers must be
classified as follows and must be paid as provided for in Table 3 of Part B of
this award: -
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GRADE A:
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Up to 65 BHP;
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GRADE B:
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Over 65 BHP and up to 130
BHP;
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GRADE C:
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Over 130 BHP and up to 295
BHP;
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GRADE D:
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Over 295 BHP and up to 500
BHP;
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GRADE E:
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Over 500 BHP and up to 600
BHP;
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GRADE F:
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Over 600 BHP.
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(BHP refers to brake horsepower)
1.4 Mobile Concrete Pump
Driver/Operator Rates
Persons engaged in the delivery and/or placement of
concrete by means of a mobile concrete pump must be classified as follows and must
be paid as provided for in Table 4 of Part B of this award:-
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GRADE A:
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Extra Hand;
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GRADE B:
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Driver/operator - boom length
up to and including 11 metres;
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GRADE C:
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Driver/operator - boom length
over 11 metres and up to 17 metres;
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GRADE D:
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Driver/operator - boom length
over 17 metres and up to 23 metres;
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GRADE E:
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Driver/operator - boom length
over 23 metres and up to 28 metres;
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Where the boom length rating is in excess of 28 metres an
additional amount per metre per week as set out in Table 4 of Part B must be
paid.
1.5 Furniture
Removals
Furniture Removalist Offsiders must be paid as provided
for in Table 5 of Part B.
1.6 Chauffeurs
Chauffeurs/drivers of vehicles used for the purpose of
carrying passengers must be paid as provided for in Table 6 of Part B.
2. Allowances
For the purposes of computing wages, overtime etc., the
additional amounts set out in Part B of this award and referred to in this
clause form part of the weekly wage for the work performed unless otherwise
specified.
2.1 Furniture
Removals
All employees engaged in furniture removals must
receive the appropriate weekly rate of pay specified in this Part B of this
award according to the appropriate classification and in addition thereto an
additional amount as provided for in Item 1 of Table 7 of Part B.
2.2 Ready Mixed
Concrete
Persons involved in the cartage of ready mixed concrete
must be paid the additional amounts provided for as follows and set out in Table
7 of Part B:
2.2.1 Drivers of Ready
Mixed Concrete Agitator Trucks – Employees who are engaged in the driving
and/or operating of ready mixed concrete trucks must be paid an additional rate
as set out in Item 2 of Table 7 of Part B, up to a maximum amount per week as
provided for in Item 3 of Table 7 of Part B, subject to the following:
2.2.1.1 Such
additional rate is in recognition of the skill and responsibility involved in
assessing the slump and ingredients in accordance with the employer's requirements.
2.2.1.2 The
additional rate will only become payable to an employee who has had at least
three (3) months' service with the current employer, and who is actually
engaged in the delivery of concrete; provided that in the case of an employee
who has had prior experience in the driving and/or operating of ready-mixed
concrete trucks, the additional rate must be paid after one (1) month's service
with the current employer.
2.2.2 Employees (other than
agitator drivers) engaged in the delivery and/or placement of concrete - The
rate specified in Table 1 of Part A of this award for Transport Worker Grade
One and in addition thereto the amount specified in Item 4 of Table 7 of Part
B.
2.3 Leading Hands
Employees appointed as leading hands must be paid the
rate specified in Tables 1,2,3 or 4 of Part B for the appropriate
classification in this clause and in addition thereto the amount specified in
Item 5 of Table 7 of Part B.
2.4 Butcher's Bones
etc.
Employees principally engaged in the collection of
butchers' bones, fat, etc., must be paid the rate specified in Table 1 of Part
B for the appropriate classification in this clause and in addition thereto the
amount specified in Item 6 of Table 7 of Part B.
2.5 Additional
Horses
Employees driving more than one horse must be paid the
rate specified in Table 1 of Part B for a Transport Worker Grade One and in
addition thereto the amount specified in Item 7 of Table 7 of Part B for each
horse in addition to one.
2.6 Working in the
Open
Employees working in the open in forest locations and
without amenities such as change rooms, lunch rooms, lockers, lavatories and
washing facilities, must be paid the additional amount specified in Item 8 of
Table 7 of Part B. This allowance is intended as compensation to cover the
factors mentioned above and other factors such as working at isolated and
undeveloped locations, difficult terrain and undergrowth, exposure to extremes
of heat, cold and wind, and wet, dusty and muddy conditions.
2.7 Long and Wide
Loads
2.7.1 An employee who
is engaged driving a loaded vehicle which together with its special load
exceeds:
2.7.1.1 2.9
metres in width or 18.29 metres in length or 4.3 metres in height measured from
the level must be paid, in addition to all other rates payable, the amount
specified in Item 9 of Table 7 of Part B whilst so engaged with a minimum
payment of the amount specified in Item 10 of Table 7 of Part B.
2.7.1.2 3.36
metres in width or 21.34 metres in length or 4.58 metres in height measured
from ground level must be paid, in addition to all other rates payable, the
amount specified in Item 11 of Table 7 of Part B whilst so engaged with a
minimum payment of the amount specified in Item 12 of Table 7 of Part B.
2.7.2 Where any load is
being carried by an articulated vehicle which is equipped with rear-end
steering and a steersperson is engaged in addition to the tractor driver then
both the tractor driver and the steersperson must be paid in addition to all other
rates payable the amount specified in Item 13 of Table 7 of Part B whilst so
engaged with a minimum payment of the amount specified in Item 14 of Table 7 of
Part B. Provided however, that this
payment must not be in substitution thereof. Provided further that the rates
payable under this subclause must not be taken into account in the calculation
of overtime.
2.7.3 None of the
allowances in clause 2.7 must apply to drivers of "B-double combination
vehicles" or road trains.
2.8 Mechanical Lifting
Devices
Drivers of vehicles equipped with sidestacking
or sideloading devices, HIAB or similar type cranes, or any similar type of
mechanical lifting device (excluding rear-lift tail-gates), must be paid the
rate specified in Table 1 of Part B for the appropriate classification in this
clause and in addition thereto the amount specified in Item 15 of Table 7 of
Part B.
2.9 Carrying
Furniture
Employees (other than those covered by clause 2.1) who
are engaged in the removal or delivery of furniture, pianos, pianolas,
refrigerators, iron safes, and similar articles, which have to be carried by
the employees, must be paid the rate specified in Part B for the appropriate
classification in this clause and in addition thereto the amount specified in Item
16 of Table 7 of Part B.
2.10 Used Diapers
Employees engaged in the handling or transport of used
diapers must be paid, in addition to the rate specified in Part B for the
appropriate classification, the amount specified in Item 17 of Table 7 of Part
B in the case of weekly employees and the amount specified in Item 18 of Table
7 of Part B in the case of casual employees.
2.11 In Charge of
Plant
Ancillary plant drivers in charge of plant must be paid
the appropriate weekly rate specified in Table 3 of Part B and in addition
thereto the amount specified in Item 19 of Table 7 of Part B. An employee must
be deemed to be in charge of a plant item where:
2.11.1 Two or more
operators are employed on a unit of plant at the same time and the employee is
the operator specifically entrusted with the superintendence and
responsibility; or
2.11.2 When an operator
is instructed by the supervisor of the work that the operator's duties are to
include repairs to the operator's unit or plant in addition to the work of
operating the plant but not when the operator merely assists the fitter or the
engineer to do such work.
For the purpose of this allowance a field service
grease truck will be regarded as a unit of plant and an employee placed in
charge of such a truck will be eligible for payment.
2.12 Collecting Moneys
Employees who are required to collect moneys, excluding
not negotiable cheques, on behalf of the employer and/or employer's clients,
upon delivery of goods, must be paid additional rates as provided for in Table
7 of Part B according to the amount of money carried as set out below:
Where the amount collected per week:
2.12.1 Exceeds
$30 but does not exceed $150 - Item 20
2.12.2 Exceeds
$150 but does not exceed $250 - Item 21
2.12.3 Exceeds
$250 but does not exceed $400 - Item 22
2.12.4 Exceeds
$400 but does not exceed $600 - Item 23
2.12.5 Exceeds
$600 - Item 24
This clause will not apply to household furniture
removals.
2.13 Carrying Goods
All goods required to be physically carried by the
employee, as at present recognised in the industry, must be paid for at the
rates provided for in Table 7 of Part B:
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2.13.1
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On the level -
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Item 25
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2.13.2
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Upstairs -
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Item 26
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2.14 Carrying Salt
All drivers engaged in the delivery of salt in sacks or
bags which have to be physically carried away from the vehicle by the employee
at the customer's premises shall be paid as provided for in Item 27 of Table 7
of Part B for all salt delivered.
2.15 Obnoxious
Materials
2.15.1 Employees directly
engaged in the loading and/or unloading or the loading and transporting and
unloading of the material named in this subparagraph 2.15.1, subject to the
conditions set out herein, must be paid the additional rates specified in Table
7 of Part B as provided for as follows:
2.15.1.1 Soda
ash, Lignosol, Bulk Sulphur, Phosphate Rock,
Manganese, Carbon Black, Lamp Black or Fish Meal (other than in undamaged steel
drums, undamaged casks or undamaged polythene bags) Item 28
2.15.1.2 Oxides,
including, antimony oxide, zinc oxide, yellow oxide, titanium, red lead,
litharge or any oxide with a similar base when free or packed in sacks or bags
(other than in undamaged steel drums, undamaged casks or undamaged polythene
bags) Item 29
2.15.2 Drivers engaged on
duties in connection with the loading and/or unloading of any of the materials
mentioned in subparagraph 2.15.1.1, subject to the conditions set out herein,
required to carry out such work on wharves, jetties or the like for a period of
more than two hours on any one day, must be paid the additional rate specified
in Item 30 of Table 7 of Part B.
2.15.3 Employees engaged in
the transportation only of any of the materials mentioned in subparagraph
2.15.1, when free or packed in sacks or bags, must be paid the additional rate
specified in Item 31 of Table 7 of Part B.
2.15.4 Employees engaged
in the loading and/or transportation and/or unloading of hydrogen fluoride must
be paid at the rate of double time whilst so engaged.
2.15.5 Employees engaged
in the loading and/or transportation and/or unloading of any of the materials
mentioned in subclause 2.15 and for which extra rates are provided, must,
subject to the conditions specified herein, be paid a minimum of four hours at
the appropriate rate for each day upon which the employee is so engaged.
2.15.6 Employees engaged
in the loading, unloading or handling by mechanical appliance of any materials
in unbroken containers in circumstances such that the employee is not exposed
to any disability arising from the obnoxious nature of the materials must not
qualify for the extra rates stipulated herein.
2.15.7 Employees engaged
in the loading and/or transporting of hot slag from No.4 Blast Furnace, No. 5
Blast Furnace, the B.O.S. Plant, the No.2 Open Hearth and from No.21 Dump of
Australian Iron and Steel Pty. Ltd. Port Kembla, or from No.4 Blast Furnace and
from the liquid pits (excluding the scull area) at Broken Hill Proprietary Co.
Ltd., Newcastle, must be paid in addition to the rate specified in Table 1 of
Part B as specified in Clause 1, Wages, of this award, for the appropriate
classification, the additional rate specified in Item 32 of Table 7 of Part B
whilst so engaged.
2.15.8 In the event of
any dispute as to the obnoxious nature of any additional materials not
mentioned in this clause 2.15, or the extra rate to be paid for any goods
classified as obnoxious materials or as to the application of subparagraph
2.15.6, of this paragraph, any party to these proceedings may refer the matter
to the Conciliation Committee or the Industrial Relations Commission of New
South Wales for determination.
2.16 First Aid
An employee appointed by the employer to perform
first-aid must be paid the amount specified in Item 33 of Table 7 of Part B, in
addition to the employee's ordinary rate during such appointment.
2.17 Garaging
Where an employee, at the request of the employer,
garages the employer's vehicle in covered garage space provided by the
employee, such employee shall be paid the amount specified in Item 34 of Table
8 of Part B for each vehicle so garaged in addition to any other payments due
to the employee.
2A. Commitment
The parties agree that, during the term
of this award, there will be no extra wage claims, claims for improved conditions
of employment or demands made with respect to the employees covered by the
award and, further, that no proceedings, claims or demands concerning wages or
conditions of employment with respect to those employees will be instituted
before the Industrial Relations Commission or any other industrial tribunal.
The terms of the preceding paragraph do
not prevent the parties from taking any proceedings to respect to the interpretation,
application or enforcement of existing award provisions.
3. Hours of Employment
3.1 The ordinary hours
of work for all employees must not exceed 38 hours per week or 76 hours per
fortnight or 114 hours per 3 weeks or 152 hours per 4 weeks and must be worked
between Monday and Friday inclusive.
3.2 Weekend Work as
Ordinary Hours of Work.
3.2.1 Saturday as an
Ordinary day. The ordinary hours of work
prescribed in 3.1 may also be worked upon a Saturday, provided that:
3.2.1.1 The
number of ordinary hours to be worked on a Saturday must not be less than 7.6
or more than 8;
3.2.1.2 Employees
working ordinary hours on a Saturday must be paid an additional 50% of the
rates prescribed for their respective classifications for the ordinary hours
worked on that day;
3.2.1.3 Any
permanent employee employed at the date of the making of the Transport Industry
(State) Award, 1996, published 26 September, 1997 by an employer who, prior to
the making of this award, regularly worked ordinary hours Monday to Friday and
overtime Saturday, and as a result of this award is required to work Saturday
as an ordinary day, must receive not less than the amounts shown in Table 11 of
Part B of this award for the relevant classification for ordinary hours worked;
provided that this restriction must not apply where an employee elects to
forego income which exceeds the employee's base rate of pay in return for an
alternative benefit (e.g. time off in lieu of overtime, increased leisure time
etc), or otherwise where the union agrees that it will not apply.
"Regularly" in this context means at least two weeks in four. The
amounts referred to in Table 11 are only payable in a pay week in which the
employee actually worked Saturday as an ordinary day.
3.2.1.4 Any
employee required to work ordinary hours on a Saturday will be given a minimum
of 7 days notice; and
3.2.1.5 The
employee must have Sunday and Monday as days off (unless they are worked as
overtime).
3.2.2 Sunday as an
Ordinary Day. The ordinary hours of work
prescribed in 3.1 may also be worked upon a Sunday by agreement in writing with
individual employees affected (i.e. you don't have to work Sunday if you don't
want to), provided that:
3.2.2.1 The
number of ordinary hours to be worked on a Sunday must not be less than 7.6 or
more than 8;
3.2.2.2 Employees
working ordinary hours on a Sunday must be paid an additional 100% of the rates
prescribed for their respective classifications for the ordinary hours worked
on that day;
3.2.2.3 Any
permanent employee employed at the date of the making of this award by an
employer who, prior to the making of this award, regularly worked ordinary
hours Monday to Friday and overtime Sunday, and as a result of this award
agrees to work Sunday as an ordinary day must receive not less than the amounts
shown in Table 12 of Part B of this award for the relevant classification for
ordinary hours worked; provided that this restriction must not apply where an
employee elects to forego income which exceeds the employee's base rate of pay
in return for an alternative benefit (e.g. time off in lieu of overtime,
increased leisure time etc), or otherwise where the union agrees that it must
not apply. "Regularly" in this context means at least two weeks in
four. The amounts referred to in Table 12 are only payable in a pay week in
which the employee actually worked Sunday as an ordinary day; and
3.2.2.4 The
employee must have two consecutive days off (unless they are worked as
overtime).
3.2.3 Saturday and
Sunday as Ordinary days. The ordinary
hours of work prescribed in 3.1 may also be worked upon Saturday and Sunday by
agreement in writing with individual employees affected (i.e. you don't have to
work Sunday if you don't want to), provided that:
3.2.3.1 The number
of ordinary hours to be worked on the Saturday and the Sunday must not be less
than 7.6 or more than 8 on either day;
3.2.3.2 Employees
working ordinary hours on a Saturday must be paid an additional 50% and on a
Sunday an additional 100% of the rates prescribed for their respective
classifications for the ordinary hours worked on that day;
3.2.4.3 Any
permanent employee employed at the date of the making of this award by an
employer who, prior to the making of this award, regularly worked ordinary
hours Monday to Friday and overtime on Saturday and Sunday, and as a result of
this award agrees to work Saturday and Sunday as ordinary days, must receive
not less than the amounts shown in Table 13 of Part B of this award for the
relevant classification for ordinary hours worked; provided that this
restriction will not apply where an employee elects to forego income which
exceeds the employee's base rate of pay in return for an alternative benefit
(e.g. time off in lieu of overtime, increased leisure time etc), or otherwise
where the union agrees that is must not apply. "Regularly" in this
context means at least two weeks in four. The amounts referred to in Table 13
are only payable in a pay week in which the employee actually worked Sunday as
an ordinary day; and
3.2.3.4 The
employee must have two consecutive days off (unless they are worked as
overtime).
3.3 The ordinary
hours of work for all employees must not exceed 8 hours per day, exclusive of
meal breaks, and must be worked between the hours of 5.00 am and 6.00 p.m.
3.4 The 38 hour week
may be worked under one of the following methods:
3.4.1 Rostered Day Off
in a 4 Week Cycle
3.4.1.1 Employees
shall work to a roster drawn up in each workplace providing for 19 days each of
eight hours over a continuous four week period.
3.4.1.2 Each
employee shall take a rostered day off in accordance with the roster.
3.4.1.3 Rostered
days off may be accumulated to a maximum of ten (10) days over a 40 week
period. Rostered days off may be
credited to and be taken by an employee in advance to a maximum of five (5)
days.
3.4.1.4 In
those arrangements where rostered days off are not accumulated an employer may,
due to operational requirements, require an employee not to take a rostered day
off during the period it accrues. In
this event, a replacement rostered day off shall be taken on the following
basis:
3.4.1.4.1 Where
the rostered day off not taken was either a Friday or Monday, the next
practicable Friday or Monday shall be taken as a replacement rostered day off.
3.4.1.4.2 Where
the rostered day off not taken was a Tuesday, Wednesday or a Thursday, the
replacement rostered day off shall be taken on the first practicable day
available for the taking of such replacement rostered day off.
3.4.1.5 Otherwise
an employee's normal rostered day off may be changed during the currency of a
roster period by agreement between the employer and such employee. In the absence of such agreement 48 hours notice of such alteration shall be given to the
employee.
3.4.1.6 Calculation
of Payment: Payment shall be for 7 hours 36 minutes per day with accrual as
entitlement for a rostered day off being made on the basis of a nineteen day
period where an employee works 152 hours within a work cycle not exceeding
twenty-eight consecutive days at 24 minutes per day.
3.4.1.7 An
employee whose rostered day off occurs on a pay day must be paid wages on the
next ordinary working day following the rostered day off.
3.4.1.8 Where
an employer is required to service a particular industry or plant or section
thereof and there has been a cessation of operations resulting from annual
closedown, such employer may require employees to take a rostered day or days
off to coincide with the day or days that the operations are closed. In this event, a rostered day or days off
which would normally become due to the employee shall not become so due for the
number of days taken pursuant to the provisions of this paragraph; provided
however that an employee disadvantaged in terms of leisure time by a rostered
day or days off normally falling on a Friday or a Monday being required to be
taken on a Tuesday, Wednesday or Thursday, then such employee shall be rostered
to take a Friday or Monday day off on the earliest practicable opportunity upon
the normal roster being resumed.
3.4.1.9 Where
an employee works an ordinary day on a Saturday pursuant to subclause 3.2, such
employee's rostered day off must not be rostered to occur on a Saturday.
3.4.2 Other Than a
Rostered Day Off in a 4 Week Cycle:
3.4.2.1 Where
an employer is required to service a particular industry or plant or section
thereof which is operating under arrangements for a reduced working week other
than that provided for in paragraph 3.4.1, the employer may arrange the hours
of work of an employee to be applicable to that particular industry or plant,
or section thereof, provided that such hours shall not be in excess of the
normal hours of work permitted by this clause.
3.4.2.2 The
employer may require employees to work ordinary hours over five days, Monday to
Friday inclusive, which must not exceed 38 hours, which may be worked over four
days of 8 hours each and one day of 6 hours.
On the day on which 6 hours is worked, those 6 hours may be worked
continuously without a meal break.
3.4.2.3 The
employer may require employees to work ordinary hours over a two week period
(10 working days) Monday to Friday inclusive of not more than 76 hours. To achieve this, the employer may roster
employees off, half a day (4 hours) on one of the days in one of those normal
working weeks.
3.5 More than one of
the methods of implementation of an average 38 hour working week referred to in
this clause may be simultaneously implemented for different groups of workers
in the one workplace; provided that agreement must be reached with the majority
of employees so affected.
3.6 Methods of
implementation of an average 38 hour working week other than those referred to
in this clause may be instituted by arrangement with the Union.
3.7 In response to
changed requirements of the employer's clients, the employer may alter the
method(s) by which a 38 hour week is worked in the workplace, provided that the
altered method(s) so chosen shall comply with the requirements of this clause.
3.8 Start and finish
times
3.8.1 Within the limits
prescribed in this clause, each employer shall fix the time and place at which
each employee shall be in attendance at the workplace or other agreed starting
place ready to commence work in ordinary working hours and work shall be deemed
to have commenced, for each employee in attendance, at the time and place so
fixed.
3.8.2 Working in
ordinary working hours shall be deemed to have finished, for those employees in
attendance, when a period of eight hours, exclusive of a break for a meal,
calculated from the fixed starting time, has elapsed.
3.8.3 Different
starting times within the span of ordinary hours may apply to different groups
of employees in a workplace.
3.8.4 Any employee who is
not in attendance at the workplace or other agreed starting place ready to
commence work at the fixed starting time or who fails to attend for eight hours
from that time shall be paid only for the actual hours worked.
3.8.5 The employer may
only alter the time and place fixed in accordance with paragraph 3.8.1, by
notice posted for 7 days at the workplace or other agreed starting place;
provided that the start time may be changed where it is necessary for reasons
beyond the employer's control by notification before the end of the previous
day's work or with 24 hours notice where work has not
been performed the previous day.
4. Shift Work
4.1 Definitions
4.1.1 "Early
Morning Shift" means a shift which commences at or after 4.00 am and
before 5.00 am.
4.1.2 "Afternoon
Shift" means a shift which commences after 10.00 am and at or before 4.00
p.m.
4.1.3 "Night
Shift" means a shift which commences after 4.00 p.m. and before 4.00 am.
4.1.4 "Alternate
Night/Afternoon Shift" means a shift which alternates between night shift
and afternoon shift or night shift and afternoon shift and day work.
4.1.5 "Shift
Work" means work extending for at least 4 weeks and performed either in
daily recurrent periods or in regular rotating periods within the limits
defined for "Early Morning Shift" or "Afternoon Shift" or
"Night Shift".
4.2 Shift Work -
Weekly Employees
4.2.1 Hours of Work
4.2.1.1 The
hours of work of weekly employees on shift work shall be an average of 38 per
week.
4.2.1.2 Such
work shall be arranged as provided for by Clause 3, Hours of Employment, of
this Award, provided that employees may be rostered to work shift work over
five days within a six or seven day spread with two consecutive days off.
4.2.1.3 Crib time
on any shift must be at a time fixed by the employer and must not be varied
except in an emergency: provided that an employee must not be required to work
more than 5 hours without a crib break.
4.2.2 Shift Roster
4.2.2.1 There
must be a shift roster which provides for rotation unless otherwise agreed
between the employer and the employee.
4.2.2.2 Such
shift roster must specify the commencing and finishing times of arranged
ordinary hours of respective shifts. A copy of such shift roster must be kept
in a prominent place. Such roster having been fixed may be varied by agreement
between the employer and the employee affected to suit the circumstances of the
workplace, provided that the Union is notified of such agreement, or in the
absence of such agreement by seven (7) days' notice of such alteration given by
the employer to the employee affected or in the case of changes necessitated by
circumstances outside the control of the employer by twenty-four (24) hours'
such notice.
4.2.2.3 Day
workers may be transferred to shift work by seven (7) days' notice given by the
employer to the employee or in cases where sudden or unforeseen circumstances
make the change necessary by twenty four (24) hours' such notice.
4.3 Shift Work -
Allowances
4.3.1 For ordinary
hours of shift work, shift workers must be paid the following extra percentages
of the rates prescribed for their respective classifications:
4.3.1.1 Early
Morning Shift 12.5%
4.3.1.2 Permanent
Afternoon Shift 17.5%
4.3.1.3 Permanent
Night Shift - 30%
4.3.1.4 Alternate
Night/Afternoon Shift:
When on afternoon shift:17.5%
When on night shift: 30%
4.3.2 Shift workers
rostered on a shift the major portion of which is performed on a Saturday,
Sunday or public holiday must be paid as follows:
4.3.2.1 Saturday: At the rate of time and a half.
4.3.2.2 Sunday: At the rate of double time.
4.3.2.3 Public
Holidays: At the rate of double time and a half.
The penalty rates prescribed by this paragraph 4.3.2
for work on a Saturday, Sunday or a public holiday must be payable in lieu of
the shift allowances prescribed in paragraph 4.3.1.
4.3.3 Notwithstanding
anything contained herein, each shift must be paid for at the rate applicable
to the day on which the major portion of the ordinary time of the shift is
worked.
4.4 Shift Work -
Overtime
For all time worked outside or in excess of the
arranged ordinary shift hours or pursuant to circumstances under subparagraph
4.2.2.2 shift workers must be paid at time and a half for the first 2 hours and
double time thereafter and provided that for shifts the major portion of which
fall on a Sunday or a public holiday all overtime must be paid at the rate of
double time.
4.5 Shift Work -
Casual Employees
4.5.1 Casual employees
may be engaged on shift work on less than 38 hours per week.
4.5.2 Casual shift
workers must be entitled to the appropriate shift penalty as provided for in
paragraphs 4.3.1 and 4.3.2 plus 15% loading.
4.5.3 Casual shift
workers who work in excess of the arranged ordinary hours of the shift on which
they are rostered must be entitled to the appropriate overtime rates provided
for in subclause 4.4.
4.5.4 Casual shift
workers for work on a rostered shift the major portion of which is performed on
a Saturday, Sunday or public holiday must be paid at the appropriate rates
provided for in paragraph 4.3.2 and in addition thereto a loading of 15%,
provided that such payments for work on a Saturday, Sunday or public holiday
shall be in lieu of the shift allowances provided for in paragraph 4.3.1.
4.5.5 After a maximum
of 5 hours work a casual shift worker must be entitled to paid crib time of 20
minutes.
4.6 Shift Work -
Meal Time
All shift workers whilst working on early morning, afternoon
or night shift must be entitled to a paid crib time of 20 minutes. Such crib time must be allowed and taken as
prescribed in subparagraph 4.2.1.3.
4.7 Shift Work -
Prior Arrangements
Arrangements as to shift work entered into between the
Union and any employer prior to the introduction of this clause into the Award
which provide for more advantageous conditions for employees than this clause
must not be altered without the agreement of the Union.
5. Overtime
5.1 Overtime at the
rate of time and one-half for the first two (2) hours and double time
thereafter must be paid to all employees, including casuals, as follows:
5.1.1 For all time
worked within the spread of ordinary hours referred to in subclause 3.3 in
excess of the ordinary hours of work in any week.
5.1.2 For all time
worked within the spread of ordinary hours referred to in subclause 3.3 in
excess of the daily limitations on working of hours prescribed in clause 3 or
before the fixed commencing time or after the fixed finishing time.
5.1.3 For all time
worked outside the spread of ordinary hours referred to in subclause 3.3.
5.1.4 For the purpose
of the computation of overtime each day must stand alone; provided that where
work continues beyond midnight, double time must be paid until the completion
of such overtime.
5.2 In the
calculations of overtime, portions of hours must be taken to the nearest
one-tenth of an hour.
5.3 Casuals - In the
case of casual employees, the overtime rate must be calculated on the casual
rate of pay.
6. Saturday and Sunday
Work
6.1 Saturday Work
6.1.1 An employee
required to work on a Saturday (where it is not an ordinary day pursuant to
subclause 3.2) must be paid at the rate of time and one-half for the first two
(2) hours and double time thereafter for all time worked, with a minimum
payment of four (4) hours at the appropriate rate of pay, whether the employee
works for that period of time or not.
6.1.2 An employee (other
than an employee working on ordinary shift) who is required to commence work on
a Saturday at 12 noon or thereafter, must be paid at double time.
6.2 An employee
required to work on a Sunday must be paid at the rate of double time for all
time worked, with a minimum payment of four (4) hours at the appropriate rate
of pay, whether the employee works for that period or not. (To avoid doubt,
where Sunday is worked as an ordinary day pursuant to subclause 3.2, any hours
worked in excess of the ordinary hours of work must be paid at the overtime
rate of double time.)
7. Travelling and
Living Away Allowances
7.1 An employee who,
on any day, is required by the employer to start or finish work or at a place
other than the usual workplace or other agreed starting place, must be in
attendance at such place at the time stipulated by the employer ready to
commence work but, for all time reasonably spent in reaching such place in
excess of the time normally spent in travelling from home to the workplace or other
agreed starting place, the employee shall be paid at ordinary rates (except on
Sundays and holidays when the rate must be time and one-half) and the employee
must also be paid any fares reasonably incurred in excess of those normally
incurred in travelling between the employee's home and the usual workplace or
other agreed starting place or vice versa as the case may be.
7.2 All time spent
in travelling by an employee in ordinary working hours in connection with work
must be paid for at ordinary rates (except on Sundays and holidays when the
rate must be time and one-half).
7.3 All time spent
in travelling by an employee outside ordinary working hours in connection with
work must be paid for at ordinary rates (except on Sundays and holidays when
the rate shall be time and one-half).
Travelling referred to in this subclause 7.4 shall mean travelling
either by train, boat or other conveyance and shall not include travelling by
an employee between home and the employer's workplace or other agreed starting place.
7.4 Employees
engaged on work or in travelling in connection with work which precludes them
from reaching their home at night must be paid all reasonable and actual
expenses incurred in obtaining accommodation for the night, including an
evening meal, bed and breakfast, provided that:
7.4.1 The employee
shall submit to the employer an itemised list, with supporting accounts,
showing the detail of the expenses incurred.
7.4.2 Before an
employee proceeds on the work, the subject of this subclause 7.4, the employee
must be given in advance an amount of money calculated, so far as that is
reasonably practical, to cover the expenses to be incurred. Upon the employee's
return from such work and the submission of the itemised list referred to in
paragraph 7.4.1, any balance due to the employer or the employee shall be paid
to or by the employee as the case might be.
7.4.3 Should an
employee not submit the itemised list as required by paragraph 7.4.1, the
employee must be paid the amount specified in Item 1 of Table 8 of Part B,
provided that such employee has not been given an advance pursuant to paragraph
7.4.2 in excess of such amount.
7.5 An employee,
other than an employee referred to in clauses 7.7 and 7.8, who is required by
the employer to spend a Saturday, Sunday or a public holiday away from home but
who is not required to work on such days, must be paid, in addition to the
amount due to the employee in accordance with the provisions of this clause,
the amount specified in Item 2 of Table 8 of Part B for each day the employee
is required to spend away from home. The
said amount being to compensate the employee for any additional expense and for
any inconvenience and/or disability the employee might incur by being required
to spend such days away from home.
7.6 An employee who
is temporarily transferred to a location which requires the employee to live
away from home for a period exceeding one week must be paid all reasonable and
actual expenses incurred in obtaining board and lodging.
7.7 When an employee
is required to camp out at an established camp connected with the job in
relation to which the employee is engaged, the employer must provide, free of
charge, sufficient tent, with fly and equipment, to properly house the employee
and the employee must be paid, in lieu of the payments referred to in this
clause, the amount specified in Item 3 of Table 8 of Part B in addition to all
other payments due to the employee. If
the employee is required to camp out less than 7 days in any week the employee
must be paid the amount specified in Item 4 of Table 8 of Part B for each day
the employee is required to camp out.
7.8 An employee
shall not be entitled to an allowance under this clause for any working day on
which the employee is absent from duty except in cases of sickness or for any
reason beyond the employee's own control.
7.9 The maximum
travelling time to be paid for shall be twelve hours out of every twenty-four hours,
or when sleeping berth is provided by the employer for all-night travel, eight
hours out of every twenty-four hours. A sleeping berth shall not include a
vehicle's sleeper cab.
8. Meal Breaks and
Allowances
8.1 Meal Breaks
8.1.1 On the ordinary days
of work there must be one unpaid break of not less than 30 minutes nor more
than one (1) hour for lunch between the hours of 11 a.m. and 2 p.m. or
otherwise to comply with the requirements of the Heavy Vehicle National Law
(NSW) 2013,
Provided that in the case of an employee working in or
in connection with the maritime industry and being engaged in the
transportation of cargo to and/or from wharves, container terminals and/or
container depots, the break for lunch may be given and taken between the hours
of 11.45 a.m. and 1.45 p.m.
Provided further that an employee shall not be required
to take the lunch break before a period of four hours, calculated from the
normal starting time, has elapsed.
8.1.2 Within the
limitation prescribed in subclause 8.1, the employer shall nominate the length
of the lunch break to be taken by the various employees and this shall be
recognised as their regular lunch break.
Once fixed, the length of the lunch break may only be altered by three
(3) days' notice being given to the employee concerned.
8.1.3 An employee whose
regular lunch break exceeds 30 minutes may be required by the employer, on any
day, to take a lunch break of a lesser period, not being less than 30 minutes
and in this case must be paid at the rate of time and one-half for the time
worked during the employee's regular lunch break.
8.1.4 An employee
engaged in the carriage of frozen or chilled commodities may be required by the
employer on any day to continue work through the regular lunch break but, if so
required, shall be paid at the rate of time and one-half from the time of
commencement of the regular lunch break until such time as the employee is
released from duty for lunch.
8.2 Crib Breaks
8.2.1 An employee who
is required to work overtime on any week day for a period of two hours or more
after the employee's normal finishing time must be allowed a paid crib break of
20 minutes not later than 5 hours after the end of the lunch break and, must,
unless notified the previous day or earlier that the employee would be required
to work such overtime, be paid a meal allowance of the amount specified in
Table 9 of Part B. Where notification to
work overtime has been given on the preceding day or earlier and such overtime
is then cancelled on the day such overtime was to be worked, an employee shall
be paid a meal allowance of the same amount.
8.2.2 An employee, who,
on any weekday, is recalled to work after having finished work for the day or
who is called upon to work before the employee's normal starting time and where
such work does not continue up to the employee's normal starting time must be
allowed a paid crib break of 20 minutes for each 5 hours worked calculated from
the time of commencement of work or from the end of the previous crib break, whichever
applies.
8.2.3 An employee who,
on any weekday, is required to start work prior to 6.30 a.m. and to continue
such work up to and after the employee's normal starting time must be allowed a
paid crib break of 15 minutes between the hours of 8 a.m. and 9 a.m.
8.3 Saturdays,
Sundays and Public Holidays
8.3.1 An employee
required to work on a Saturday (where it is not an ordinary day pursuant to
subclause 3.2), Sunday or public holiday must be allowed a paid crib break of
twenty (20) minutes for each five (5) hours worked; the said five (5) hours to
be calculated from the time of commencement of work or from the end of the
previous crib break, whichever applies.
8.3.2 An employee
required to work for a period of eight (8) hours between the hours of 7 a.m.
and 5.30 p.m. on a Saturday (where it is not an ordinary day pursuant to
subclause 3.2), Sunday or public holiday may be allowed the usual weekday lunch
break and, in that case, the provisions of paragraph 8.3.1 shall not apply.
8.4 Employees
working, whether permanently or from time to time, in or in connection with an
industry or establishment where it is the custom to allow conditions relating
to meal breaks, crib breaks or meal allowances different from those prescribed
in this clause may, at the discretion of the employer, be allowed such
different conditions.
8.5 Except so far as
is altered expressly by this clause, existing custom and practice concerning
crib breaks and meal hours shall continue during the currency of this award.
9. Casual Employees
9.1 Casual employees
must be paid the rate specified in Part B for the appropriate classification
specified in clause 1 of this award, and in addition 15 per centum of such
rate.
9.2 Irrespective of
hours worked, a casual employee must be paid a minimum of four hours work for
each start.
9.3 No employer will
engage casual employees in excess of one quarter of the number of weekly
employees (i.e. other than casual employees) employed plus one additional
casual employee.
9.4 Upon request,
any employer employing casual employees under this award will furnish an
accredited representative of the union with the number of employees engaged on
any specified day, showing separately the number of casuals employed on such
day.
10. Part-Time
Employees
Employees may be employed on a permanent basis to work
regular days and regular hours less than 38 hours per week, provided that:
10.1 The set weekly
hours for such an employee will be determined upon engagement and thereafter
not changed other than by agreement;
10.2 Notwithstanding (i) above, the hours set for a part-time employee must not
be less than 4 consecutive hours in any day or less than 20 hours in any week.
10.3 All work over the
set hours determined at engagement must be paid at overtime penalty rates.
10.4 The spread of ordinary
hours allowable for part-time employees shall be as set out in Clause 3, Hours
of Employment, and their hourly rate equal to the appropriate rate as set out
in Clause 1, Wages, and divided by 38.
10.5 The ratio of
full-time employees to non-full-time employees (including casual and permanent
part-time employees), shall remain 4:1.
10.6 All other
provisions of this Award, where applicable, will apply to part-time employees
in the same ratio as their ordinary hours of work are to 38 hours per week.
11. Young Employees
11.1 Young Employees -
Definitions and Duties
11.1.1 For the purpose of
this award a "young employee" shall mean a person under the age of 21
years.
11.1.2 Subject to the
conditions set out herein young employees may be employed only in the
capacities encompassed by the classification of Transport Worker Grade One.
11.2 Young Employees -
Restrictions
11.2.1 No young employee
under the age of 19 years will be required to lift or carry any weight
exceeding 41 kg.
11.2.2 Young employees
will not be employed as casuals unless they receive the adult casual rate.
11.2.3 Young employees
will not be employed on shift work except by agreement between the employer and
the union.
11.2.4 Young employees
may be employed in the following proportions to the number of adult employees,
not including casuals, employed by an employer:
When 5 adults are employed-1 young employee may be
employed.
When 10 adults are employed-2 young employees may be
employed.
When 20 adults are employed-3 young employees may be
employed.
When 40 adults are employed-4 young employees may be
employed.
When 60 adults are employed-5 young employees may be
employed.
When 80 adults are employed-6 young employees may be
employed.
When 100 adults are employed-7 young employees may be
employed.
No employer may employ more than 7 young employees.
11.2.5 Any young employee
employed under conditions not in accordance with those set out in this clause
must receive the same rate of pay prescribed by this award for an adult worker
performing the same class of work.
11.3 Young Employees -
Payment
11.3.1 Young employees
employed under the conditions prescribed in this clause shall be paid in
accordance with their age a weekly wage calculated as a percentage of the wage
specified in Part B of this award for the classification of Transport Worker
Grade One. Such weekly wage shall be
calculated to the nearest ten cents. Any
fraction of ten cents in the result not exceeding five cents to be ignored.
11.3.2 Young employees
employed in the capacity of a Transport Worker Grade One:
Percentage of the Wage for a Transport Worker Grade 1:
|
At 18 years of age and under
|
75
|
|
At 19 years of age
|
85
|
|
At 20 years of age
|
90
|
12. Payment of Wages
12.1 Subject to
subclause 12.6, all wages must be paid weekly in cash or by electronic funds
transfer, on Thursday or Friday, as determined by the employer, and the day, on
being fixed, must not be altered more than once in three months. Where a public
holiday falls on a Friday, the payment of wages that week must, as far as
practicable, be made on the preceding Wednesday. Provided that wages may be
paid by cheque with the agreement of a majority of employees at each yard.
12.2 No employee
should have the pay day changed unless given at least seven (7) days' notice.
12.3 Except as
otherwise provided for in this clause no employer shall hold more than two
days' wages in hand.
12.4 Where an employer
holds less than two days' wages in hand, payment for any overtime worked after
the normal finishing time on the last day of the pay week shall be paid to the
employee on the next succeeding pay day.
12.5 Casual employees
shall be paid at the end of each day or at the termination of their casual
employment.
12.6 Where wages are
paid in cash, they shall be paid to the employee at the workplace or other
agreed starting place or otherwise by agreement between the employer and the
employee or employees concerned.
12.7 Where wages are
paid in cash, wages must be paid without unnecessary delay after the employee
ceases work on pay day. An employee kept
waiting for wages on pay day for more than a quarter of an hour after ceasing
work must be paid at overtime rates after that quarter of an hour with a
minimum payment equal to 1/5th of an hour.
12.8 In the case of an
employee whose services are terminated on other than a pay day such employee
shall be paid all wages due either prior to or immediately upon cessation of
work on the final day of employment.
12.9 An employee,
other than a casual employee, who desires to terminate employment on a day
other than pay day shall give notice to the employer on commencing work in the
morning in which case the employee shall be paid all wages due when the
employee has finished the day's work, otherwise wages may be paid on the
following working day at a time stipulated by the employer but not later than
12 mid-day.
12.10 Each employee must
be supplied with a pay envelope or statement in writing on which will be
endorsed
12.10.1 The
name and classification of the employee.
12.10.2 The
gross amount of wages, inclusive of overtime and other earnings.
12.10.3 The
amount paid as overtime or such information as will enable the amount paid as
overtime to be calculated by the employee.
12.10.4 The
amount deducted for taxation purposes.
12.10.5 Particulars
of all other deductions or the total amount of such deductions; and
12.10.6 The net
amount paid.
SECTION II - LONG
DISTANCE WORK
13. Long Distance Work
13.1 "Long
Distance Work" means driving work on return trips which are always in
excess of 500 road kilometres.
13.2 Employers who
employ employees for the specific purpose of regularly performing long distance
work may apply the provisions of this section of the award to such employees
rather than paying such employees according to the usual wages and overtime
method.
14. Rate of Pay
14.1 Minimum Weekly
Payment
An employee covered by this section must receive each
week no less than the wage rate prescribed for
the appropriate classification in clause 1 of this award and in addition
30 percent.
14.2 Kilometre Rate
An employee covered by this section must be paid the
amounts set out in Table 10 of Part B of this award for each road kilometre
travelled according to the appropriate classification in clause 1 of this
award:
14.2.1
|
Transport Worker
|
Item 1
|
|
Grade Seven or below
|
|
14.2.2
|
Transport Worker
|
Item 2
|
|
Grade Eight
|
|
14.3 Payment for
Loading and Unloading
14.3.1 An employee
covered by this section shall be paid for any time worked loading or unloading
a vehicle at an hourly rate calculated by dividing the appropriate
classification rate in clause 1, Wages, by 38. The overtime penalty rates
prescribed by clause 5, Overtime, and clause 6, Saturday and Sunday Work, shall
apply to such hourly rate for such time worked outside the span of hours of
6.00 am - 6.00 p.m. All loading and
unloading duties performed in excess of eight hours must be paid at the rate of
time and one half for the first two hours and double time thereafter, such
double time to continue until the completion of the overtime work.
14.3.2 Where there is a
written agreement between the employer and an employee a fixed allowance based
on the hourly rates provided for in paragraph 14.3.1 may be paid to cover
loading and unloading duties, provided that such written agreement is attached
to the time and wages record, and provided a minimum of one hour is paid for
each period spent loading and/or unloading.
14.4 Applicability of
Allowances
The payments provided for in Clause 7, Travelling and
Living Away Allowances, are fully applicable to employees covered by this
section. This provision is for the purpose of clarity and is not intended to
preclude the operation of any other allowance.
15. Future Adjustment
of Rates of Pay
The Union may apply to the Industrial Relations Commission
for adjustment to the kilometre rate provided for in subclause 14.2 in order
that the rate remains equal to the kilometres rate provided for in the
Transport Workers (Long Distance Drivers) Award (an award of the Australian
Industrial Relations Commission), as varied, or any award succeeding or
replacing that award, for the following classifications:
15.1 A Grade 6 driver
engaged in other than NSW, for the purposes of the rate in paragraph 14.2.1;
and
15.2 A Grade 8 driver
engaged in NSW, for the purposes of the rate in paragraph 14.2.2.
16. Rostered Days Off
16.1 For every day of
8 hours or more worked, an employee covered by this section will accrue 24
minutes towards a paid rostered day off.
16.2 When a rostered
day off is taken, an employee will be paid for that day an amount equivalent to
the weekly rate for the appropriate classification set out in clause 1, Wages,
divided by 5, and in addition 30 percent. Such a payment shall count for the
purposes of the minimum weekly payment provided for in subclause 14.1 but shall
be in addition to any payments earned by the employee pursuant to subclauses
14.2 and 14.3 in that pay week.
16.3 Rostered days off
may be given and taken according to the method set out in paragraph 3.4.1 of
this award.
SECTION III -
LEAVE ENTITLEMENTS AND PUBLIC HOLIDAYS
17. Annual Leave
17.1 See Annual
Holidays Act 1944
17.2 An employee at
the time of entering upon a period of annual leave in accordance with the
Annual Holidays Act will be entitled to an additional payment in respect of the
period of employment to which the said leave is referable, calculated on the
basis of three and one-third (3 1/3) hours’ ordinary pay for each month.
17.3 Upon an employee
taking annual leave, the work cycle in respect of which the employee becomes
entitled to a weekly accrual for time off pursuant to paragraphs 3.4.1 and
3.4.2 shall be suspended and the employee shall not be entitled to further
accrual until the employee’s return from leave.
Upon resumption of work, the entitlement period for accrual shall resume
and the employee shall be entitled to be rostered to take time off and shall so
take time off upon completing the balance of the work cycle.
17.4 Seven-day shift
workers, i.e. employees whose ordinary working period includes Sundays and
holidays on which they may be regularly rostered for work:
17.4.1 In addition to the
benefits provided by subclause 17.2, and by section 3 of the Annual Holidays
Act 1944, (with regard to an annual holiday), an employee who, during the
year of employment with respect of which the employee becomes entitled to the
said annual holiday, gives service as a seven-day shift worker will be entitled
to the additional leave as specified hereunder:
17.4.1.1 If
during the year of employment the employee has served continuously as such
seven-day shift worker - additional leave with respect to that year shall be
one week.
17.4.1.2 Subject
to subparagraph 17.4.1.4, if during the year of employment the employee has
served for only portion of it as such seven-day shift worker - the additional
leave must be one day for every thirty-six ordinary shifts worked as a
seven-day shift worker.
17.4.1.3 Subject
to subparagraph 17.4.1.4, the employee must be paid for such additional leave
at the ordinary rate of wages to which the employee is entitled under Clause 1,
Wages, of this award, for the number of ordinary hours of work for which such
employee would have been rostered for duty during the period of additional
leave had such employee not been on such additional leave.
17.4.1.4 Where
the additional leave calculated under this paragraph 17.4.1 is or includes a fraction
of a day such fraction shall not form part of the leave period and any such
fraction shall be discharged by payment only.
17.4.1.5 In this
clause reference to "one week" and "one day" includes
holidays and non-working days.
17.4.2 Where the employment
of an employee has been terminated and the employee thereby becomes entitled
under section 4 of the Annual Holidays Act 1944, to payment in lieu of
an annual holiday, with respect to a period of employment, the employee also
will be entitled to an additional payment of three and one-half hours at such
ordinary rate of wages with respect to each twenty-one shifts of service as
such seven-day shift worker which the employee has rendered during such period
of employment.
18. Long Service Leave
18.1 See Long
Service Leave Act 1955.
18.2 Where an employee
takes long service leave the entitlement to accrue towards time off pursuant to
paragraph 3.4.1 shall cease. The
employee shall not be entitled to time off during the period of long service
leave. In lieu, the employee will be paid the value of accrued entitlement
outstanding on the last day of work prior to taking long service leave.
19. Sick Leave
19.1 "Year"
means a period of twelve months measured for each employee from the date of
commencement of the employee's current period of employment.
19.2 An employee,
other than a casual employee, with not less than three months continuous
service as such in the industry covered by this award, who is absent from work
by reason of personal illness or injury not being illness or injury arising
from the employee's misconduct or from an injury arising out of or in the
course of employment, will be entitled to leave of absence, without deduction
of pay, subject to the following conditions and limitations:
19.2.1 The employee will,
unless it is not reasonably practicable so to do (proof whereof shall be on the
employee), before the ordinary starting time on the first day of the employee's
absence, and in any event within twenty-four hours, inform the employer of the
employee's inability to attend for duty and, as far as practicable, state the
nature of the illness and the estimated duration of the absence.
19.2.2 The employee will
furnish to the employer such evidence as the employer may reasonably desire that
the employee was unable, by reason of such illness or injury, to attend for
duty on the day or day for which sick leave is claimed.
19.2.3 Except as
hereinafter provided, the employee shall not be entitled in any year (as
defined) to leave in excess of five days of ordinary time.
Provided that:
19.2.3.1 If the
employee's employment continues with the one employer after the first year, the
sick leave entitlement will increase to a maximum of eight days of ordinary
working time at which figure it will remain for each subsequent year of
continued employment.
19.2.3.2 If the
employment of an employee who has become entitled to leave in accordance with
proviso (1) above is terminated for any reason, the employee will not be
entitled, in that year, to leave in excess of five days of ordinary working
time.
19.3 For the purpose
of administering paragraph 19.2.3 an employer, within one month of this award
coming into operation or within two weeks of the employee entering employment,
may require an employee to make a statutory declaration or other written
statement as to what paid leave of absence the employee has had from any
employer during the then current year and upon such statement the employer will
be entitled to rely and to act.
19.4 The rights under
this clause will accumulate from year to year, so long as the employment
continues with the one employer, so that any part of the leave entitlement
which has not been allowed in any one year may be claimed by the employee and
will be allowed by that employer, subject to the conditions prescribed by this
clause, in a subsequent year of continued employment.
19.5 If an award
holiday occurs during an employee's absence on sick leave then such award
holiday must not be counted as sick leave.
19.6 Service before
the date of coming into force of this clause shall be counted as service for
the purpose of assessing the sick leave entitlement in any year under paragraph
19.2.3 but shall not be taken into consideration in arriving at the period of
accumulated leave.
19.7 Accumulated sick
leave to the credit of an employee at the commencement of this award must not
be affected nor reduced by the operation of this clause.
19.8 Where an employee
is sick or injured on the week day the employee is to take off in accordance
with the provisions of clause 3.4, the employee shall not be entitled to sick
pay nor will the sick pay entitlement be reduced as a result of sickness or
injury on that day.
20. Personal/Carer's
Leave
20.1 Use of Sick Leave
20.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in 20.1.3 who needs the employee’s care and support, will be entitled
to use, in accordance with this subclause, any current or accrued sick leave entitlement,
provided for at clause 19, Sick Leave, of the award, for absences to provide
care and support for such persons when they are ill, or who require care due to
an unexpected emergency. Such leave may be taken for part of a single day.
20.1.2 The employee
shall, if required,
(1) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
20.1.3 The entitlement to
use sick leave in accordance with this subclause is subject to the employee
being responsible for the care of the person concerned; and the person concerned
being:
20.1.3.1 a
spouse of the employee; or
20.1.3.2 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
20.1.3.3 a child
or an adult child (including an adopted child, step child, a foster child or an
ex nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling the employee of spouse or de facto spouse of
the employer; or
20.1.3.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
20.1.3.5 a
relative of the employee who is a member of the same household, where for the
purposes of this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
20.1.4 An employee shall,
wherever practicable, give the employer notice prior to the absence of the intention
to take leave, the name of the person requiring care and that person's
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 24, Disputes Resolution Procedure, should be followed.
20.2 Unpaid Leave for
Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a class of person set out in 20.1.3 above who is ill or who requires care due
to an unexpected emergency.
20.3 Annual Leave
20.3.1 An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
20.3.2 Access to annual
leave, as prescribed in paragraph 20.3.1 above, will be exclusive of any
shutdown period provided for elsewhere under this award.
20.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of single
day absences, until at least five (5) consecutive annual leave days are taken.
20.3.4 An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
20.4 Time Off in Lieu
of Payment for Overtime
20.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within twelve (12)
months of the said election.
20.4.2 Overtime taken as
time off during ordinary time hours will be taken at the ordinary time rate,
that is an hour for each hour worked.
20.4.3 If, having elected
to take time as leave in accordance with paragraph 20.4.1 above, the leave is
not taken for whatever reason, payment for time accrued at overtime rates must
be made at the expiry of the twelve (12) month period or on termination.
20.4.4 Where no election is
made in accordance with paragraph 20.4.1, the employee must be paid overtime
rates in accordance with the award.
20.5 Make-Up Time
20.5.1 An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
20.5.2 An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
20.6 Rostered Days Off
20.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
20.6.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
20.6.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or employer.
20.6.4 This subclause is
subject to the employer informing the union where it 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 to
participate in negotiations.
20.7 Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 20.1.2 and 20.1.4 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 20.1.3 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.
21. Bereavement Leave
21.1 A permanent
employee must be entitled to a maximum of two days without loss of pay on each
occasion and on production of satisfactory evidence of the death in Australia
of the employee's husband, wife, father, mother, brother, sister, child,
stepchild or parents-in-law. For the
purposes of this clause the words "wife" and "husband" will
include de facto wife or husband and the words "father" and
"mother" will include foster-father or mother and stepfather or
mother.
21.2 A permanent
employee must be entitled to a maximum of two days' leave without loss of pay
on each occasion and on the production of satisfactory evidence of the death
outside of Australia of an employee's husband, wife, father or mother and where
such employee travels outside of Australia to attend the funeral.
21.3 Where an employee
would otherwise become entitled to bereavement leave, but such day or days
occur on a day or days rostered for the employee to take off pursuant to
subclause 3.4, the employee shall not be entitled to bereavement leave nor will
bereavement leave be reduced as a result of the employee taking leave on that
day or days.
21.4 Bereavement
entitlements for casual employees
21.4.1 Subject to the
evidentiary and notice requirements in 21.2 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 paragraph 20.1.3 of clause 20, Personal/Carer's
Leave.
21.4.2 The employer and
the employee will 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.
21.4.3 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.
22. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions must 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
must 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 must 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
will 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).
22. Parental Leave
See Part 4 of Chapter 2 of the Industrial Relations Act 1996.
23. Public Holidays
23.1 The days on which
New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's
Birthday, Labour Day, Christmas Day and Boxing Day are observed in the areas
concerned together with such other days which may be proclaimed by the
Government and which are observed as public holidays for the area covered by
this award will be recognised as public holidays. Employees, other than casual
employees, must be entitled to these specified public holidays without loss of
pay.
23.2 An employee,
other than a casual employee, required to work on:
23.2.1 Christmas Day or
Good Friday must be paid at the rate of double time for the actual time worked
in addition to the day's pay to which the employee is entitled for those days
in accordance with clause 23.1.
23.2.2 Any of the other
days prescribed in clause 23.1 must be paid at the rate of time and one-half
for the actual time worked in addition to the day's pay to which the employee
is entitled for those days in accordance with subclause 23.1.
23.3 Should any of the
prescribed public holidays fall on a Saturday or Sunday and another day in lieu
thereof is not proclaimed by the Government for the observance of such public
holiday, an employee, other than a casual employee, required to work on such
public holiday must be paid for all work performed on:
23.3.1 Christmas Day,
double time for the actual time worked and in addition, ordinary time for the
actual time worked up to a maximum of eight (8) hours' pay at ordinary time.
23.3.2 Any of the other
days prescribed in clause 23.1, time and one-half for the actual time worked and,
in addition, ordinary time for the actual time worked up to a maximum of eight
(8) hours' pay at ordinary time.
23.4 A casual employee
required to work on any of the public holidays prescribed in clause 23.1 must
be paid double time for all time worked, with a minimum payment for four (4)
hours' work.
23.5 An employee
required to work on any of the public holidays prescribed in clause 23.1 must
be guaranteed four (4) hours' work or will be paid for four (4) hours at the
appropriate rate.
23.6 An employee,
other than a casual employee, whose services are dispensed with within seven
(7) days of the commencement of any week in which one or more public holidays
occur and who is re-engaged by the same employer within seven (7) days of the
said week, will be paid an ordinary day(s) pay for each public holiday so
occurring at the rate prescribed for the class of work performed by the
employee prior to the employee's services being dispensed with.
23.7 An employee,
other than a casual employee, who, without permission of the employer or
without reason able cause, is absent from duty on the working day immediately
preceding or the working day immediately succeeding any public holiday or
series of holidays, shall not be entitled to payment for such public holiday,
or series of public holidays, provided that if an employee is absent on one
only of the working days preceding or succeeding a series of public holidays
the employee shall lose the holiday pay only for the holiday closest to the day
of the employee's absence.
23.8 Where an employee
is rostered to take time off pursuant to clause 3.4 and such rostered time off
falls on any of the public holidays referred to in subclause 23.1, the employee
must be entitled to replacement time off, to be taken on the following basis:
23.8.1 Where the time off
taken fell on either a Friday or Monday, the next practicable Friday or Monday
shall be taken for the purposes of replacement time off.
23.8.2 Where the time off
not taken fell on a Tuesday, Wednesday or a Thursday, the replacement time off
shall be taken on the first practicable day available for the taking of such
replacement time off.
SECTION IV –
INDUSTRIAL RELATIONS AND THE UNION
24. Disputes
Resolution Procedure
24.1 Subject to the Industrial
Relations Act 1996, any dispute will be dealt with in the following manner:
24.1.1 The representative
of the Union on the job and the appropriate supervisor will attempt to resolve
the matters in issue in the first place.
24.1.2 In the event of
failure to resolve the dispute at job level the matter will be the subject of
discussions between an organiser of the Union and the workplace manager.
24.1.3 Should the dispute
still remain unresolved the Secretary of the Union or a representative will
confer with senior management.
24.1.4 In the event of no
agreement being reached at this stage, the dispute will be referred to the
Industrial Relations Commission of New South Wales for resolution.
24.2 All work shall continue
normally while these negotiations are taking place.
25. Union Delegate
25.1 An employee
appointed as Union delegate to the workplace must, upon notification thereof to
the employer by the Secretary/Treasurer or Sub-Branch Secretary of the Union,
be recognised as the accredited representative of the Union.
25.2 Any matter
arising in the workplace affecting members of the Union may be investigated by
the delegate and discussed with the employer or a representative. The delegate must, upon request, be allowed a
reasonable opportunity to carry out such duties at a time reasonably convenient
to the delegate and the employer.
25.3 If a matter in
dispute is not settled, the delegate must, on request, be allowed access to a
telephone for a reasonable opportunity of notifying the union branch or
sub-branch concerned.
26. Union Notice Board
The employer must supply a notice board of reasonable
dimensions to be erected or to be placed in a prominent position in the
workplace upon which accredited representatives of the Union must be permitted
to post formal Union notices signed by such representative or representatives.
27. Union Right of
Entry
See Part 7 of Chapter 5 of the Industrial Relations
Act 1996. (NOTE: This provides that
a duly accredited representative of the union must have the right to enter any
work place or premises for the purpose of interviewing employees and
investigating suspected breaches of awards or agreements or the Industrial
Relations Act 1996 and in such investigations inspect time and pay sheets -
so long as the representative does not unduly interfere with the work being
performed by any employee during working time).
28. Union Picnic Day
28.1 Easter Saturday
will be recognised as the Union's Picnic Day.
28.2 In addition to
all other payments due, a financial member of the union, other than a casual
employee, must upon proof thereof, be paid an additional day's pay in the pay
period in which Easter Saturday falls.
28.3 A financial
member of the Union who is required to work on Easter Saturday will, in
addition to the additional day's pay required by subclause 28.2, be paid at the
rate of time and one-half for the actual time worked and, in addition, ordinary
time for the actual time worked up to a maximum of eight (8) hours pay at
ordinary time.
28.4 For the purpose
of the clause, "financial member of the Union" will mean an employee who
is, at the time of the Picnic Day, a financial member, or who was a financial
member of the Union as at 31st December of the preceding year.
SECTION V - OTHER
PROVISIONS
29. Employees' Duties
29.1 Employees within
each grade in the classification structure are to perform a wider range of
duties including work which is incidental or peripheral to their main tasks or
functions.
29.2 Subject to
agreement at enterprise level, employees are to undertake training for the
wider range of duties and for access to higher classifications.
29.3 The parties will
not create barriers to advancement of employees within the award structure or
through access to training.
29.4 An employer may
direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this Award, provided that such duties are not designed to promote
de-skilling.
29.5 An employer may
direct an employee to carry out such duties and use such tools and equipment as
may be required, provided that the employee has been trained in the use of such
tools and equipment.
29.6 Where required by
the employer, drivers' duties shall include minor repairs such as changing tail
lights and each driver shall be ready, willing and able to change tyres and
perform similar non specialist vehicle maintenance tasks.
30. Mixed Functions
30.1 An employee
required by the employer to work for less than two hours a day on work carrying
a higher rate of pay will be paid at the higher rate for the actual time so
worked and when required to work for more than two hours a day on such work the
employee must be paid as for a whole day's work.
30.2 This clause shall
not apply to actual periods of one hour or less or to interchange of work
arranged between employees to meet their personal convenience.
30.3 On any day on
which an employee covered by this award is engaged for more than two hours in
the cartage or distribution within New South Wales, of petrol or petroleum
products from refineries, terminals or depots of oil companies which are
respondents to the Transport Workers' (Oil Companies) Award 1998 in force from
time to time, the employee shall be paid for each such day at the rate of pay
prescribed by this award, or the rate of pay prescribed by the Transport
Workers' (Oil Companies) Award 1998 whichever is the higher rate.
31. Termination of
Employment
31.1 The employment of
a weekly or part-time employee may be terminated only by one week's notice on
either side which may be given at any time or by payment by the employer or
forfeiture by the employee of a week's pay in lieu of notice. This shall not
affect the right of the employer to dismiss an employee without notice in the
case of an employee guilty of misconduct.
31.2 An employee with
more than two months' service on leaving or being discharged will, upon
request, be given a reference or certificate of service in writing. Such
reference or certificate of service must at least contain information as to the
length and nature of the employment of the employee.
32. Redundancy
See the Transport Industry - Redundancy (State) Award (284
I.G. 1395.)
33. Superannuation
See the Transport Industry (State) Superannuation (No.2)
Award made on 6 November 1995.
34. Jury Service
34.1 An employee
required to attend for jury service during ordinary hours must be reimbursed by
the employer an amount equal to the difference between the amount paid in
respect of attendance for such jury service and the amount of wage the employee
would have received in respect of the ordinary time the employee would have
worked had the employee not been on jury service.
34.2 An employee shall
notify the employer as soon as possible of the date upon which the employee is
required to attend for jury service.
Further, the employee shall give the employer proof of attendance, the
duration of such attendance and the amount received in respect of such jury
service.
34.3 Where the day or
days upon which an employee is required to attend for jury service coincide
with time rostered for the employee to take off pursuant to subclause 3.4, such
rostered time off shall be deemed to have been taken in accordance with the
roster.
35. Limitation of
Driving Hours
See the Heavy Vehicle National Law (NSW 2013 and the
Heavy Vehicle (Fatigue Management) National Regulation (NSW) 2013.
36. Limitation of
Overtime
36.1 Subject to the
provisions of subclause 36.3 and Clause 8, Meal Breaks and Allowances, of this
award, an employee may be required to work for a continuous period amounting to
fifteen (15) hours, excluding meal breaks, from the time of commencing work.
36.2 Except in the
case of accident or circumstances over which the employer has no control an
employee shall not work and an employer shall not require an employee to work
more than a total of twenty (20) hours' overtime in any week exclusive of
unpaid intervals allowed for meals.
36.3 An employee,
other than one on shift work, who is required to work for a continuous period
amounting to twelve (12) hours or more from the time of commencing work will be
entitled to be absent from work until the employee has had ten (10) consecutive
hours off duty. Should the said ten (10)
hours or any part thereof coincide with the employee's ordinary hours of work
the employee will be paid at ordinary rates for the time which falls within
ordinary hours of work.
37. Recall
An employee recalled for work must be guaranteed and
must for at least four (4) hours' work for each start at the appropriate rates
of pay.
This clause will also apply to any employee called upon
to work before normal starting time, and whose overtime work does not continue
up to such starting time.
38. Absences from Duty
Where an employee is absent from duty (other than on
annual leave, long service leave, public holidays, paid sick leave, workers'
compensation, bereavement leave or jury service) the employee shall for each
day absent, lose average pay for each such day calculated by dividing the
weekly wage rate by 5. An employee who
is absent for part of a day shall lose average pay for each hour or part
thereof the employee is absent, calculated by dividing the weekly wage rate by
38. An employee so absent from duty will
not accrue the entitlement for normal rostered time off provided for clause 3.4
of this award. The employee shall take
time off as rostered but shall be paid, in respect of the week during which the
rostered time off is taken, the weekly pay less an amount calculated according
to the following formula:
|
Number of day(s)
absent during cycle
|
|
x 0.4 hours x
Weekly Wage Rate
|
|
38
|
39. Commitment to
Training
39.1 The parties to this
award recognise that in order to increase the efficiency, productivity and
competitiveness of the transport industry and transport operations generally, a
greater commitment to training and skill development is required. Accordingly, the parties commit themselves
to:
39.1.1 developing a more
highly skilled and flexible workforce;
39.1.2 providing
employees with career opportunities through appropriate training to acquire
additional skills; and
39.1.3 removing barriers
to the utilisation of skills acquired.
39.2 Following proper
consultation with the union, or through the establishment of a training
committee, an employer shall develop a training programme consistent with:
39.2.1 the current and
future skill needs of the enterprise;
39.2.2 the size,
structure and nature of the operations of the enterprise;
39.2.3 the need to
develop vocational skills relevant to the enterprise and the transport industry
through courses conducted by accredited educational institutions and/or
providers.
39.3 Where it is
agreed a training committee be established that training committee should be
constituted by equal numbers of employer and employee representatives and have
a charter which clearly states its role and responsibilities, for example:
39.3.1 formulation of a
training programme and availability of training courses and career
opportunities to employees;
39.3.2 dissemination of
information on the training programme and availability of training courses and
career opportunities to employees;
39.3.3 the recommending
of individual employees for training and reclassification;
39.3.4 monitoring and
advising management and employees on the on-going effectiveness of the
training.
39.4 Where, as a
result of consultation with the union, or through a training committee and with
the employee concerned, it is agreed that additional training in accordance
with the programme developed pursuant to subclause 39.2 should be undertaken by
an employee, that training may be undertaken either on or off the job. Provided that if the training is undertaken
during ordinary working hours the employee concerned must not suffer any loss
of pay. The employer must not
unreasonably withhold such paid training leave.
39.5 Any costs
associated with standard fees for prescribed courses and prescribed textbooks
(including those textbooks which are available in the employer's technical
library) incurred in connection with the undertaking of training must be
reimbursed by the employer upon production of evidence of such expenditure.
Provided that reimbursement shall also be on an annual basis subject to the
presentation of reports of satisfactory progress.
39.6 Travel costs
incurred by an employee undertaking training in accordance with this clause
which exceed those normally incurred in travelling to and from work must be
reimbursed by the employer.
39.7 Subclauses 39.2,
39.3, 39.4, 39.5 and 39.6 of this clause shall operate as interim provisions
and shall be reviewed after nine months' operation. In the meantime, the parties shall monitor
the effectiveness of those interim provisions in encouraging the attainment of
the objectives detailed in clause 39.1.
In this connection, the Union reserves the right to press for the
mandatory prescription of a minimum number of training hours per annum, without
loss of pay, for an employee undertaking training to meet the needs of an
individual enterprise and/or the transport industry.
39.8 Any disputes
arising in relation to subclauses 39.2 and 39.3 shall be subject to the
provisions of Clause 24, Dispute Resolution Procedure, of this Award.
40. Amenities and
First Aid Outfits
40.1 The following
facilities will be available at all workplaces where employees are engaged
under the provisions of this award:
40.1.1 Proper dressing
rooms with adequate washing facilities, including showers with both hot and
cold water.
40.1.2 Proper lock-up
clothing lockers.
40.1.3 Where employees
are required to partake of meals at the employers' workplace: a dining room
with adequate seating and table accommodation for the partaking of meals, also
facilities for boiling water and heating food.
40.1.4 Proper lavatory
facilities.
40.2 Employees shall
place all personal belongings in the lockers provided.
40.3 First-aid Outfit:
A first-aid outfit must be provided by the employer at each workplace where
there are employees covered by this award.
Such outfit is to comprise of a First-aid Ambulance Chest which shall:
40.3.1 be of wood or metal,
be dustproof and be distinctly marked with a white cross upon a green ground;
40.3.2 be so equipped and
maintained as to contain at least the articles and appliances specified by
clause 20 of the NSW Occupational Health and Safety Regulations 2001;
(Note: The employer shall display a copy of the appropriate
Schedule, above referred to, on or adjacent to the First-aid Ambulance Chest).
40.3.3 contain nothing
except requisite articles and appliances for first-aid;
40.3.4 be readily
accessible to the persons employed in the workplace; and
40.3.5 be placed under
the charge of a responsible person or persons who or one of whom shall always
be readily available during working hours.
A clearly legible notice stating the name or names of the person or persons
in charge of the ambulance chest shall be affixed in a conspicuous position on
or adjacent to the chest.
41. Uniforms and
Protective Clothing
41.1 Where an employee
is required by the employer to wear distinctive dress the same shall be
provided, free of cost, by the employer.
41.2 When requested by
the employee, an employer shall provide rubber gloves, gum boots and waterproof
coat or apron, free of cost, for the use at work by an employee required to
wash vehicles.
41.3 An employee
engaged as a motor cycle driver will be provided by the employer with
waterproof trousers and coat for use in connection with the work.
41.4 Wet weather
clothing consisting of waterproof hat, coat and trousers will be provided for
employees required to work in rain.
41.5 The clothing
provided in accordance with this clause must be renewed when reasonably
necessary. It shall only be worn when
the employee is engaged on work for the employer and shall remain the property
of the employer and shall be returned to the employer on demand in a condition
commensurate with normal wear and tear.
An employee may be required by the employer to sign a receipt for such
clothing upon it being issued.
41.6 Steel-capped
boots and gloves must be provided for drivers and loaders engaged regularly in
the cartage of steel.
41.7 Where an employee
comes into contact with direct or reflected sunlight during working hours and
requires special clothing and/or headgear to protect himself/herself from the
sun these must be provided, free of cost, by the employer.
41.8 An employee who
comes into contact with direct or reflected sunlight during working hours must be
provided with Australian Standard, AS 1067 Sunglasses, free of cost, by the
employer. Those employees who require
Safety Sunglasses must be provided, free of cost, by the employer, with
Australian Standard AS 1337 or AS 1338 Safety Sunglasses.
41.9 An employee who
comes into contact with direct or reflected sunlight during working hours must
be provided with sufficient quantities of broad spectrum SPF 30+ Sunscreen to
protect himself/herself from the sun, free of cost, by the employer.
42. Tools and Apparatus
42.1 The employer must
provide and maintain all necessary tools, ropes and packing.
42.2 In all cases
where employees are called upon to handle pianos, pianolas or the like, piano
straps must be provided.
42.3 In all cases
where employees are called upon to move heavy articles reasonably requiring the
use of a samson or other suitable type of truck this must be provided.
42.4 An employee
when instructed to cart, load or unload wool must be provided with a suitable
wool hook.
43. Cabins, Hoods and
Windscreens
The employer shall provide all vehicles with hood,
windscreen, cushioned seat and back rest.
The driver's cabin of each vehicle shall be ventilated adequately and
shall be supplied with cabin doors and windows: where this is not practicable
side curtains may be fitted as an alternative.
No driver shall be required to drive a vehicle with a cracked or broken
windscreen, windows, rear vision mirror or lights which contravenes the Road
Transport Act 2013 and the Road Transport (General) Regulation
2013. A requirement that employers
provide air-conditioning in the cabin of each vehicle shall be the subject of
future consideration by the parties.
44. Unauthorised
Persons Riding on Vehicles
An employee shall not permit any unauthorised person to
accompany the employee on the vehicle, nor permit any such persons to assist
the employee in the delivery of goods, wares, merchandise or material unless
such person has been engaged as an employee or is the owner of such goods,
wares, merchandise or material or is the agent or representative of such owner.
45. Laundry and Dry
Cleaning - Special Provisions
45.1 The provisions of
this clause shall apply only to employees engaged in or in connection with the
cartage of laundry and dry cleaning.
45.2 Any driver
employed delivering or collecting laundry who is required to leave the vehicle
to make deliveries or collect shall not be liable for the cost or any part
thereof of any article that may be lost or stolen there from whilst the vehicle
is unattended unless the employee is either -
45.2.1 provided with an
extra hand; or
45.2.2 the vehicle is
capable of being closed and securely locked.
This subclause 45.2 shall not be read or taken to relieve
the employee from responsibility to the employer for ordinary diligence, care
and honesty.
45.3 Credit shall not
be given by any employee unless authorised by the employer. An employee shall
not be held responsible for or called upon to make good any bad debts or part
thereof unless contracted in contravention of this subclause 45.3.
45.4 Employees may by
individual agreement in writing work ordinary hours over a seven day spread
under the terms of the relevant provisions of the award covering the majority
of employees in the enterprise.
45.5 Employees who are
required to collect moneys, excluding not negotiable cheques, on behalf of the
employer and/or the employer's clients shall be paid an additional amount by
the employer to compensate for this work. subclause 2.12, Collecting Moneys,
shall not apply.
45.6 The employer may
deduct the value of items of uniform not returned upon termination if such
deduction is authorised by the employee concerned.
46. Chauffeurs -
Special Provisions
46.1 Chauffeurs and
drivers of vehicles used for the purpose of carrying person(s) who are paid not
less than 20 percent above the total weekly rate of pay prescribed by Clause 1
shall be exempted from Clause 3, Hours of Employment, and Clause 36, Limitation
of Overtime, of this Award.
46.2 Members of the
Bus and Coach Association whose employees regularly drive vehicles with more
than one but less than eight passengers, shall be exempt from the provisions of
this Award, in so far as such employees are concerned provided that they
observe in lieu thereof the terms and conditions of the Transport Industry -
Motor Bus Drivers and Conductors (State) Award.
46.3 Notwithstanding
clause 3, the span of ordinary hours for chauffeurs shall be 6.00 am to 7.00
p.m.
47. Award
Modernisation
47.1 The parties are
committed to modernising the terms of the Award so that it provides for more
flexible working arrangements, improves the quality of working life, enhances
skills and job satisfaction and assists positively in the restructuring
process.
47.2 In conjunction
with testing the new award structure that is to be introduced, the parties
agreed that discussion should also take place at an enterprise level. Such discussion is intended to further the
aims sought to be achieved by, and as are expressed in subclause 47.1 hereof.
47.3 At each yard,
depot or enterprise, an employer, the employees and their Union shall establish
a consultative mechanism and procedures appropriate to the size, structure and
needs of that yard, depot or enterprise.
Where yard, depot or enterprise discussions are
considering matters requiring any Award variation, the Union and the employer's
Association shall be advised of the broad details including the award area/s
likely to be affected, and, prior to agreement being reached, or at their
request they shall be invited to participate. Such invitation shall be in
writing and addressed to the Secretary of the Union and executive officer of
the Association (or their nominee).
47.4 At any stage in
the development and/or conduct of enterprise level discussions, the parties may
utilise the Dispute Resolution Procedure (Clause 24) for assistance in progressing
discussions.
47.5 Nothing in this
clause shall prohibit the Union and an employer Association assisting in making
an agreement to cover a number of enterprises in the same section of industry
or in a similar business or enterprise which will assist or enhance the
efficient operation of any enterprise and further the aims of subclause 47.1
hereof.
47.6 The terms of any
genuine agreement reached between the parties in any establishment/s shall
substitute for the provisions of this award to the extent that they are
contrary to the award, provided that:
47.6.1 The majority of
employees affected genuinely agree.
47.6.2 All employees have
been provided with the current provisions e.g. Award or Industrial Agreement
applicable to those employees at the yard, depot or enterprise.
47.6.3 No employee shall
lose income as a result of the change; provided that this restriction shall not
apply where an employee has elected to forego income which exceeds their base
rate of pay in return for an alternative benefit, e.g. time off in lieu of
overtime payments, increased leisure time through the implementation of a 12
hour shift system, etc.
For the purposes of this paragraph "income"
shall mean the employee's regular weekly earnings upon which the employee could
reasonably have come to rely.
47.6.4 The agreement
shall be committed to writing and shall include a date of operation and a date
of expiration.
47.6.5 The agreement
shall be signed by the employer, the representative/s of employees or the Union
and a copy shall be sent to the Secretary of the Union and to the executive
officer of the relevant employer's association/s.
47.6.6 The Union and
relevant employer association/s shall have 21 days in which to notify the
employer (who shall then notify the employees' representatives) of any
objection to the agreement, including the reasons for such objection.
Where an objection is raised the parties should confer
in an effort to resolve their different views.
If the matter is not resolved in that way the employer may make
application to vary the award to facilitate the agreement. Such application shall be made to the
Industrial Relations Commission of NSW.
47.6.7 The Union and/or
employer's Association/s shall not unreasonably oppose any agreement reached
under this clause.
47.6.8 If no party
objects, a consent application shall be made to the Industrial Relations
Commission to have the Agreement ratified.
47.7 Where an agreement
is ratified by the Industrial Relations Commission under the procedure hereof,
and the agreement relates to any provisions of this Award, then the name of the
establishment/s to which the agreement applies, the date of operation of the
agreement, the award provisions from which the said establishment/s is/are
exempted, and the alternative provisions which are to apply in lieu of such
award provisions (or reference to such alternative provisions), shall be set
out in a Schedule to this Award.
47.8 Under the terms
of this clause any award matter or condition of employment can be raised for
discussion.
47.9 All registered
industrial organisations which are parties to this award will continue to meet
with the aim of modernising the award.
48. Definitions
48.1 Advanced Crane
Offsider means an employee who has the responsibility, being directly in charge
of the initial work of setting up the mobile crane, to ensure all rigging work
is carried out in a safe and efficient manner, adhering to the regulations or
in the absence of regulations to sound established custom and practice. Such an
employee acting as a rigger must hold the appropriate certificates issued in
accordance with State requirements.
48.2 Ancillary Plant
means mechanically powered vehicles and/or equipment other than trucks, mobile
cranes, forklifts, and tow motors used by the employer in the loading,
unloading, stacking, moving sorting and/or handling of goods and/or materials
in connection with work which is part of and ancillary to the business of the
employer.
48.3 Articulated
Vehicle means a motor propelled vehicle used for the conveyance of goods or
merchandise and the like and comprising two separate units, viz., a tractor and
a semi-trailer.
48.4 Casual Employee
means an employee engaged by the day or at the conclusion of the casual
employment.
48.5 Conciliation
Committee shall mean the Transport Industry (State) Conciliation Committee.
48.6 Courier means an
employee who drives a vehicle and who is engaged in the delivery of documents,
packages, etc, as part of a "courier service" as recognised in the
industry covered by this award.
48.7 Crane Offsider
means an employee who has the responsibility to carry out the work of slinging
loads and to control the movement of such loads when handled by lifting
appliances. In addition, it is such an employee's responsibility to control
loads not in full view of the crane driver. Such an employee acting as a dogman
must hold the current appropriate certificates issued in accordance with State
requirements.
48.8 Double Time means
the employee's ordinary rate of pay plus 100 per cent.
48.9 Drivers means any
person engaged to drive or control any type of vehicle specified in this award
irrespective of any other duties. This
definition shall not exclude other duties (including delivery of goods)
ordinarily performed by a driver.
48.10 Extra Hand means a
person who usually accompanies a driver on a vehicle to assist in loading,
unloading, delivering, collecting and safeguarding goods, merchandise and the
like being transported or to be transported.
48.11 Leading Hand means
an employee who, in addition to any other duties, is required to direct the work
and/or conduct, during working hours, of other employees.
48.12 Manufacturer's
Gross Vehicle Mass (GVM) means the mass of a vehicle and its load as specified
by the manufacturer. It may be
ascertained by reference to the model specification plate attached to the
vehicle or, failing this, by reference to the Roads and Traffic Authority, the
manufacturer of the vehicle or its agent.
48.13 Mobile Concrete
Pump Driver/Operator means a person who is competent in all function consistent
with the driving and operation of a mobile concrete pump.
48.14 Ordinary Rate
means the employee's ordinary time rate of pay which the employee is entitled
to receive for work performed in ordinary working hours.
48.15 Other Agreed
Starting Place means a place, other than the employer's workplace, at which it
is agreed between the employer and the employees affected, such employees will
be in attendance at the time or times fixed ready to commence work in ordinary
working hours. Upon such agreement
having been reached between the employer and the employees, as aforesaid, the
employer shall forthwith notify the branch or sub-branch secretary of the union
of the location of such other agreed starting place.
48.16 Rear End Steering
means any device which forms part of an articulated vehicle or of a component
of the trailing section of an articulated vehicle which is used to control the
direction of the rear-most end of such vehicle.
Such device may be operated mechanically or hydraulically from an
independent auxiliary power source or remotely by a mechanical linkage with
another vehicle.
48.17 Semi-trailer means
that portion of an articulated vehicle on which goods or merchandise or the
like are loaded and which is attached to and is hauled by a tractor and shall
include vehicles known as low loaders, floats and jinkers.
48.18 Steersman means a
person engaged to operate a rear-end steering device whether as a member of the
crew of the articulated vehicle or as the driver of another vehicle.
48.19 Time and one-half
means the employee's ordinary rate of pay plus 50 per cent.
48.20 Tractor means that
portion of a vehicle, not being a motor wagon, which provides the motive power.
48.21 Trailer means a
vehicle, not having its own motive power, attached by means of a draw-bar to a
motor wagon and hauled behind such motor wagon.
48.22 Transport Facility
Worker (1) means an employee who performs one or more of the following duties:
loading or unloading any goods, wares, merchandise or
materials on or from any vehicle and work incidental to such loading and
unloading including supervision of the work and/or of other employees;
loading and unloading rail trucks in a siding on the
employer's own premises;
engaged sorting goods and in
performing clerical work in connection with the carriage and/or delivery of
such goods.
48.23 Transport Facility
Worker (2) means an employee who performs one or more of the following duties
as well as the duties of a Transport Facility Worker (1):
loading and unloading goods onto or from road vehicles,
stacking goods on the goods yard platform,
stowing and un-stowing goods into and from rail trucks
or containers of all descriptions,
loading and unloading goods from shelving, checking and
sorting loads,
checking and sorting goods in
the depot,
operating mechanical handling appliances (including but
limited to pallet jacks), and
clerical duties, including the compilation of manifests
and load summaries, associated with such work.
48.24 Union means the
Transport Workers' Union of New South Wales.
48.25 Yardman means an
employee engaged in or about a workplace and whose duties shall include, if
required, the washing and greasing of motor vehicles and other equipment and/or
servicing of tyres.
48.26 Year means the
period from 1 July to 30 June, next following.
49. Anti -
Discrimination
49.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
49.2 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.
49.3 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.
49.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977; or
(d) a party to this
award from pursing matters of unlawful discrimination in any State or federal
jurisdiction.
49.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
50. Area, Incidence
and Duration
This award applies to employees of the classifications
specified herein within the jurisdiction of the Transport Industry (State)
Industrial Committee.
This award rescinds and
replaces the Transport Industry (State) Award, published 20 April 2000 (315
I.G. 192 and reprinted 27 January 2012 (372 I.G. 855) and shall operate on and
from the beginning of the first pay period to commence on or after 29 March
2022 and shall remain in force thereafter for a period of two years.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 29 March 2022.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
TRANSPORT INDUSTRY
(STATE) INDUSTRIAL COMMITTEE
Industries and
Callings
All drivers and loaders of trolleys, drays, carts, floats,
articulated or semi-articulated vehicles and trailers and motor and other
power-propelled vehicles, including motor cycles engaged in the carriage of
goods, merchandise and the like, together with bicycle couriers, employees
engaged in greasing or washing any such vehicle, employees without supervisory
or other duties beyond those of loading or unloading vehicles employed by
common carriers or who are not engaged upon or in connection with the premises
of the employer, not being a common carrier, and employees of common carriers
receiving, sorting and loading or unloading goods for delivery or re-delivery,
carters, tip carters and tip wagon drivers, brakesmen
or extra hands, trace boys, and all grooms, stablemen and yardmen employed in
connection with any of the above, and drivers of mobile cranes, auto trucks and
fork lifts employed by general carriers in connection with the carriage of
goods, merchandise and the like, employees driving or operating mobile cranes,
fork lifts, tractors, tow motors, industrial trucks, yard trucks or utility
vehicles in and about wholesale oil stores, persons, other than storemen and
packers, employed in the loading, stacking and unloading of railway trucks, in
the State, excluding the County of Yancowinna, but
including motor lorry drivers employed by the roads and Traffic Authority in or
in connection with the construction or maintenance of roads and bridges in that
part of the County of Yancowinna which is outside the
Municipality of Broken Hill; and
Brick, tile & pottery carters, timber carters and
dry cleaning & laundry carters, including drivers of motor and other power
- propelled vehicles
and grooms, stablemen, yardmen, trace boys and brakemen
or extra hands employed in or in connection therewith in the State, excluding
the County of Yancowinna; and
Chauffeurs and motor car drivers employed on motor
coaches, cars and all motor vehicles, used for purpose of carrying passengers,
persons or workmen notwithstanding such vehicles are not plying for hire,
provided such vehicles are normally capable of carrying less than eight sitting
passengers or persons, in the State, excluding the Country of Yancowinna, excepting drivers of motor wagons which are not
used for the purpose of conveying passengers or workmen, and employees who are
not engaged in business or trade;
excepting employees of -
State Rail Authority of New South Wales
State Transit Authority of New South Wales;
Sydney Water;
The Hunter District Water Board;
The Council of the City of Sydney;
Sydney Electricity;
The Council of the City of Newcastle;
Municipal, Shire and County Councils;
Electricity Commission of New South Wales (Pacific
Power);
Motor Car Washers, &c., (State)
Quarries, Gravel and Sand Pits (State);
Butter, &c., Factory Employees (Newcastle and
Northern);
Butter, &c,. Factory Employees (State);
Fruit Packing Houses Employees (State);
Malted Milk Manufacturing (State);
Sawmillers, &c., (State);
Sugar Manufacturers (State);
Tubemakers of Australia
Limited, Newcastle
Tubemakers of Australia
Limited, Yennora;
Shoalhaven Scheme;
Googong Dam Project;
Country Councils (Electricity Undertakings) Employees;
Shortland County Council;
University Employees, &c., (State);
excepting employees also -
Motor lorry drivers, assistants, loaders, washers and
greasers employed by breweries;
Persons coming within the jurisdiction of the Crown
employees (Skilled Tradespersons) Industrial Committee.
The said Industrial Committee will consist of two (2)
representatives of employers and two (2) representatives of employees.
The representatives of employers will be appointed,
upon nomination as prescribed, by the New South Wales Road Transport
Association.
The representatives of employees will be appointed,
upon nomination as prescribed, by the Transport Workers’ Union of Australia,
New South Wales Branch.
51. Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A
casual employee engaged by a particular employer on a regular and systematic
basis for a sequence of periods of employment under this Award during a
calendar period of six months will thereafter have the right to elect to have
his or her ongoing contract of employment converted to permanent full-time
employment or part-time employment if the employment is to continue beyond the
conversion process prescribed by this subclause.
(ii) Every employer
of such a casual employee will 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.
(iii) Any casual employee
who has a right to elect under paragraph (b)(i), upon
receiving notice under paragraph (b)(ii) or after the expiry of the time for
giving such notice, may give four weeks’ notice in writing to the employer that
he or she seeks to elect to convert his or her ongoing contract of employment
to full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the employer
and employee shall, in accordance with this paragraph, and subject to paragraph
(b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For
the purposes of this subclause, the following definitions apply:
(1) A "labour
hire business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which has as its business function, or one of its
business functions, to supply staff employed or engaged by it to another
employer for the purpose of such staff performing work or services for that
other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which, might otherwise have been carried out by
that other employer’s own employees.
(ii) Any employer which,
engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in this
subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and
Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter must be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
PART B
MONETARY RATES
|
Table 1 - Wages
(Clause 1.1 - General Rates)
|
|
|
Former
Rate Per Week
|
SWC
2021 Increase
|
New
Rate Per Week effective from the first full pay period on or after 1 April
2022
|
|
|
$
|
%
|
$
|
|
Transport Worker Grade One
|
850.28
|
2.04
|
867.63
|
|
Transport Worker Grade Two
|
874.46
|
2.04
|
892.30
|
|
Transport Worker Grade Three
|
891.27
|
2.04
|
909.45
|
|
Transport Worker Grade Four
|
906.01
|
2.04
|
924.49
|
|
Transport Worker Grade Five
|
943.64
|
2.04
|
962.89
|
|
Transport Worker Grade Six
|
953.09
|
2.04
|
972.53
|
|
Transport Worker Grade Seven
|
981.63
|
2.04
|
1,001.66
|
|
Transport Worker Grade Eight
|
1,040.34
|
2.04
|
1,061.56
|
|
Table 2 - Wages
(Clause 1.2 Mobile Cranes &c., Rates)
|
|
|
Former
Rate Per Week
|
SWC
2021 Increase
|
New
Rate Per Week effective from the first full pay period on or after 1 April
2022
|
|
|
$
|
%
|
$
|
|
(i) Mobile Cranes
|
|
|
|
|
Grade A
|
1,032.28
|
2.04
|
1,053.34
|
|
Grade B
|
1,055.78
|
2.04
|
,077.32
|
|
Grade C
|
1,078.91
|
2.04
|
1,100.92
|
|
Grade D
|
1,102.05
|
2.04
|
1,124.53
|
|
Additional Amount
|
23.37
|
2.04
|
23.85
|
|
(ii) Mobile Hydraulic Platforms
|
|
|
|
|
Grade A
|
941.8
|
2.04
|
961.01
|
|
Grade B
|
946.99
|
2.04
|
966.31
|
|
Grade C
|
981.18
|
2.04
|
1,001.20
|
|
Grade D
|
1,004.78
|
2.04
|
1,025.28
|
|
Grade E
|
1,032.28
|
2.04
|
1,053.34
|
|
Additional Amount
|
2.19
|
2.04
|
2.23
|
|
Grade F
|
1,032.28
|
2.04
|
1,053.34
|
|
(iii) Crane Offsider
|
1,032.28
|
2.04
|
1,053.34
|
|
(iv) Advanced Crane Offsider
|
1,078.91
|
2.04
|
1,100.92
|
|
Table 3 - Wages
(Clause 1.3 - Ancillary Plant Drivers)
|
|
|
Former
Rate Per Week
|
SWC
2021 Increase
|
New
Rate Per Week effective from the first full pay period on or after 1 April
2022
|
|
|
$
|
%
|
$
|
|
Grade A
|
959.42
|
2.04
|
978.99
|
|
Grade B
|
987.62
|
2.04
|
1,007.77
|
|
Grade C
|
1004.43
|
2.04
|
1,024.92
|
|
Grade D
|
1016.29
|
2.04
|
1,037.02
|
|
Grade E
|
1025.96
|
2.04
|
1,046.89
|
|
Grade F
|
1064.88
|
2.04
|
1,086.60
|
|
Table 4 - Wages
(Clause 1.4 - Mobile Concrete Pump Driver/Operators)
|
|
|
Former
Rate Per Week
|
SWC
2021 Increase
|
New
Rate Per Week effective from the first full pay period on or after 1 April
2022
|
|
|
$
|
%
|
$
|
|
Grade A
|
927.65
|
2.04
|
946.57
|
|
Grade B
|
946.99
|
2.04
|
966.31
|
|
Grade C
|
981.18
|
2.04
|
1,001.20
|
|
Grade D
|
1,004.78
|
2.04
|
1,025.28
|
|
Grade E
|
1,032.28
|
2.04
|
1,053.34
|
|
Additional Amount
|
2.19
|
2.04
|
2.23
|
|
Table 5 - Wages
(Clause 1.5 Furniture Removals)
|
|
|
Former
Rate Per Week
|
SWC
2021 Increase
|
New
Rate Per Week
|
|
|
$
|
%
|
$
|
|
Furniture Removalist Offsider
|
859.03
|
2.04
|
876.55
|
|
Table 6 -Wages (Clause 1.6 - Chauffeurs)
|
|
|
Former
Rate Per Week
|
SWC
2021 Increase
|
New
Rate Per Week
|
|
|
$
|
%
|
$
|
|
Chauffeurs/drivers of vehicles used for the purpose of
carrying persons
|
857.42
|
2.04
|
874.91
|
|
Table 7 -
Allowances
|
|
|
Item
No.
|
Clause
No.
|
Brief Description
|
Former
Rate
|
SWC
2021 Increase
|
New
Rate effective from the first full pay period on or after 1 April 2022
|
|
|
|
|
$
|
%
|
$
|
|
1
|
2.1
|
Furniture Removals
|
37.51 per week
|
2.04
|
38.28
|
|
2
|
2.2.1
|
Driving agitator trucks
|
0.73 per hour
|
2.04
|
0.74
|
|
3
|
2.2.1
|
Maximum Payment -
agitator trucks
|
28.73 per week
|
2.04
|
29.32
|
|
4
|
2.2.2
|
Delivery/placement of
concrete rate
|
2.28 per week
|
2.04
|
2.33
|
|
5
|
2.3
|
Leading Hands
|
45.27 per week
|
2.04
|
46.19
|
|
6
|
2.4
|
Collecting Butcher Bones,
Fat, etc.
|
9.46 per week
|
2.04
|
9.65
|
|
7
|
2.5
|
Extra Horses
|
23.48 per horse
|
2.04
|
23.96
|
|
8
|
2.6
|
Working in Forests
|
29.64 per week
|
2.04
|
30.24
|
|
9
|
2.7.1.1
|
Long/wide loads
|
2.28 per hour or part thereof
|
2.04
|
2.33
|
|
10
|
2.7.1.1
|
Long/wide loads -
minimum payments
|
9.46 per day
|
2.04
|
9.65
|
|
11
|
2.7.1.2
|
Long/wide loads
|
4.45 per hour or part thereof
|
2.04
|
4.54
|
|
12
|
2.7.1.3
|
Long/wide loads -
minimum payment
|
17.55 per day
|
2.04
|
17.91
|
|
13
|
2.7.2
|
Rear-end steering
|
6.38 per day
|
2.04
|
6.51
|
|
14
|
2.7.2
|
Rear-end steering -
minimum payment
|
25.66 per day
|
2.04
|
26.18
|
|
15
|
2.8
|
HIAB cranes, etc.
|
41.16 per day
|
2.04
|
42.00
|
|
16
|
2.9
|
Removal and Delivery of
Furniture, etc.
|
7.53 per day
|
2.04
|
7.68
|
|
17
|
2.10
|
Handling diapers -
weekly employees
|
3.19 per week
|
2.04
|
3.26
|
|
18
|
2.10
|
Handling diapers -
casual employees
|
0.6 per day
|
2.04
|
0.61
|
|
19
|
2.11
|
In charge of plant
|
22.01 per week
|
2.04
|
22.46
|
|
20
|
2.12.1
|
Collecting moneys -
> $30 - $150
|
7.06 per week
|
2.04
|
7.20
|
|
21
|
2.12.2
|
Collecting moneys -
> $150 - $250
|
9.92 per week
|
2.04
|
10.12
|
|
22
|
2.12.3
|
Collecting moneys -
> $250 - $400
|
14.36 per week
|
2.04
|
14.65
|
|
23
|
2.12.4
|
Collecting moneys -
>
|
20.98 per week
|
2.04
|
21.41
|
|
|
|
$400 - $600
|
|
|
|
|
24
|
2.12.5
|
Collecting moneys -
$600
|
27.93 per week
|
2.04
|
28.50
|
|
25
|
2.13.1
|
Carrying goods - on the
level
|
1.36 per tonne
|
2.04
|
1.39
|
|
26
|
2.13.2
|
Carrying goods -
upstairs
|
2.06 per tonne
|
2.04
|
2.10
|
|
27
|
2.14
|
Carrying salt
|
1.36 per tonne
|
2.04
|
1.39
|
|
28
|
2.15.1.1
|
Obnoxious materials -
soda, ash, etc.
|
1.26 per hour
|
2.04
|
1.29
|
|
29
|
2.15.1.2
|
Obnoxious materials -
Oxides
|
0.91 per hour
|
2.04
|
0.93
|
|
30
|
2.15.2
|
Obnoxious materials -
loading and unloading
|
1.26 per hour
|
2.04
|
1.29
|
|
31
|
2.15.3
|
Obnoxious materials -
transportation
|
0.69 per hour
|
2.04
|
0.70
|
|
32
|
2.15.7
|
Obnoxious materials -
blast furnaces, etc.
|
1.02 per hour
|
2.04
|
1.04
|
|
33
|
2.16
|
First Aid
|
3.07 per day
|
2.04
|
3.13
|
|
34
|
2.17
|
Garaging
|
28.84 per week
|
2.04
|
29.43
|
|
|
|
|
|
|
|
|
Table 8 -
Travelling and Living Away Allowance (Clause 7)
|
|
Item
No.
|
Clause
No.
|
Brief Description
|
Former
Rate
|
SWC
2021 Increase
|
New
Rate effective from the first full pay period on or after 1 April 2022
|
|
|
|
|
$
|
%
|
$
|
|
1
|
7.4.3
|
Overnight Expenses
|
50.5
per day
|
2.04
|
51.53
|
|
2
|
7.5
|
Weekend/Holiday Expenses
|
46.86
per day
|
2.04
|
47.82
|
|
3
|
7.7
|
Camping out - weekly
|
108.86
per week
|
2.04
|
111.08
|
|
4
|
7.7
|
Camping out - daily
|
15.74
per day
|
2.04
|
16.06
|
|
Table 9 - Meal
Allowances (Clause 8)
|
|
Clause
No.
|
Brief Description
|
Former Amount
|
SWC 2021 Increase
|
New
Rate effective from the first full pay period on or after 1 April 2022
|
|
|
|
$
|
|
%
|
|
8.2.1
|
Meal Allowance
|
15.38
|
2.04
|
15.69
|
|
Table 10 - Long
Distance Rates (Clause 14)
|
|
Item No.
|
Classification
|
Former Amount
|
SWC 2021
|
New
Rate effective from the first full pay period on or after 1 April 2022
|
|
|
|
(cents/km)
|
Increase
|
(cents/km)
|
|
1
|
Transport
Workers Grade 7 and below
|
39.95
|
2.04
|
40.76
|
|
2
|
Transport Worker Grade 8
|
41.79
|
2.04
|
42.64
|
|
Table 11 -
Income Protection on Six Day Rosters - Saturday (Clause 3.2.1)
|
|
|
Former
Rate Per Week
|
SWC 2021 Increase
|
New
Rate Per Week effective from the first full pay period on or after 1-Apr-22
|
|
|
$
|
%
|
$
|
|
Transport Worker Grade One
|
686.35
|
2.04
|
700.35
|
|
Transport Worker Grade Two
|
710.42
|
2.04
|
724.91
|
|
Transport Worker Grade Three
|
726.99
|
2.04
|
741.82
|
|
Transport Worker Grade Four
|
740.91
|
2.04
|
756.02
|
|
Transport Worker Grade Five
|
778.79
|
2.04
|
794.68
|
|
Transport Worker Grade Six
|
787.66
|
2.04
|
803.73
|
|
Transport Worker Grade Seven
|
815.63
|
2.04
|
832.27
|
|
Transport Worker Grade Eight
|
873.78
|
2.04
|
891.61
|
|
Table 12 -
Income Protection on Six Day Rosters - Sunday (Clause 3.2.2)
|
|
|
Former
Rate Per Week
|
SWC
2021 Increase
|
New
Rate Per Week effective from the first full pay period on or after 1-Apr-22
|
|
|
$
|
%
|
$
|
|
Transport Worker Grade One
|
765.21
|
2.04
|
780.82
|
|
Transport Worker Grade Two
|
791.92
|
2.04
|
808.08
|
|
Transport Worker Grade Three
|
810.44
|
2.04
|
826.97
|
|
Transport Worker Grade Four
|
826.57
|
2.04
|
843.43
|
|
Transport Worker Grade Five
|
868.01
|
2.04
|
885.72
|
|
Transport Worker Grade Six
|
878.49
|
2.04
|
896.41
|
|
Transport Worker Grade Seven
|
910.15
|
2.04
|
928.72
|
|
Transport Worker Grade Eight
|
974.85
|
2.04
|
994.74
|
|
Table 13 -
Income Protection on Seven Day Rosters - Saturday and Sunday (Clause 3.2.3)
|
|
|
Former
Rate Per Week
|
SWC
2021 Increase
|
New
Rate Per Week effective from the first full pay period on or after 1-Apr-22
|
|
|
$
|
%
|
$
|
|
Transport Worker Grade One
|
1,027.12
|
2.04
|
1,048.07
|
|
Transport Worker Grade Two
|
1,063.03
|
2.04
|
1,084.72
|
|
Transport Worker Grade Three
|
1,087.9
|
2.04
|
1,110.09
|
|
Transport Worker Grade Four
|
1,109.54
|
2.04
|
1,132.17
|
|
Transport Worker Grade Five
|
1,165.25
|
2.04
|
1,189.02
|
|
Transport Worker Grade Six
|
1,179.3
|
2.04
|
1,203.36
|
|
Transport Worker Grade Seven
|
1,222.01
|
2.04
|
1,246.94
|
|
Transport Worker Grade Eight
|
1,308.59
|
2.04
|
1,335.29
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.