AP796143CRV - Security Employees (Victoria) Award 1998

AUSTRALIAN INDUSTRIAL REGISTRY CONSOLIDATION

This AIR consolidated award incorporates all amendments up to and including 26 October 2007 (variation PR979281).

Clauses affected by the most recent amendment(s) are:

17. Allowances

About this Award:

Printed by authority of the Commonwealth Government Printer.


Disclaimer:
Please note that this consolidated award is prepared by the Australian Industrial Registry and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

Copies of official decisions, awards and orders of the Australian Industrial Relations Commission can be accessed at no cost through the Commission’s web site (www.airc.gov.au) or purchased from any office of the Australian Industrial Registry.

AP796143CRV [Pre-Reform AIR Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

s.33 action on the Commission’s own motion

(C No. 21411 of 1998)

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00134 of 1998)

SECURITY EMPLOYEES (VICTORIA) AWARD 1993
[ODN C No. 21725 of 1992]
[Print K8045 [S0344]]

Allowable award matters

ORDER

A. Further to the decision issued on 12 October 1998 [Print Q6668] the above award is varied as follows:

By deleting the contents of the award in their entirety and inserting the following:

PART 1 – APPLICATION AND OPERATION OF AWARD
1. TITLE

This award will be known as the Security Employees (Victoria) Award 1998.

2. ARRANGEMENT

[2 amended by S7414 PR950222 PR959117 PR970114 PR970581]

This award is arranged as follows:

Part 1 – Application and operation of award

1. Title

2. Arrangement [PR970581]

3. Anti-discrimination

4. Definitions

5. Date the award starts

6. Where and who the award covers [PR948552]

7. Who is bound by this award

8. Relationship with other awards

Part 2 - Award flexibility

9. Index of facilitative provisions

10. Enterprise flexibility provisions

Part 3 - Disputes resolution

11. Settlement of disputes [PR950222]

Part 4 - Employment relationship and related matters

12. Types of employment [PR967536]

12A. Licensing [PR970581]

13. Termination of employment [PR950222]

14. Redundancy [PR950222]

Part 5 - Classification structure, wages and related matters

15. Classification structure [PR970581]

15A. Classification structure - translation and reclassification [PR970581]

16. Wages [PR970581]

16A. Transitional wage rates for victoria—application of common rule award [PR961172]

17. Allowances [PR979281]

18. Shift work allowances

19. Payment of wages

20. Superannuation - contract security industry

Part 6 - Hours of work, breaks, overtime, shiftwork, weekend work

21. Hours of work [PR916095]

22. Meal breaks

23. Overtime

24. Weekend work

25. Minimum payment

Part 7 - Leave of absence and public holidays

26. Public holidays [S2592]

27. Annual leave [PR967536]

28. Parental leave [PR967536]

29. Personal leave [PR967536]

30. Jury service [PR953806]

31. Accident make-up pay

Appendix A - Schedule of respondents

Appendix B - 12 Hours shifts [PR905970]

3. ANTI-DISCRIMINATION

3.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, natural extraction or social origin.

3.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

3.3 Nothing in this clause is taken to affect:

3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

3.3.2 junior rates of pay, until 22 June 2000 or later date determined by the Commission in accordance with s.143(1E) of the Act;

3.3.3 an employee, employer or registered organization, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission.

3.3.4 the exemptions in s.170CK(3) and (4) of the Act.

4. DEFINITIONS

4.1 Ordinary hourly rate means 1/38th of the weekly rate for the appropriate classification.

4.2 Week means any employees working week.

5. DATE THE AWARD STARTS

This award starts on 7 December 1998.

6. WHERE AND WHO THE AWARD COVERS

6.1 Where does the award apply?

Victoria.

[6.2 substituted by PR948552 ppc 28Jun04]

6.2 Who does the award apply to?

This award will apply to the employment of employees being members or not of the Liquor, Hospitality and Miscellaneous Union, engaged in the occupations of security guard, crowd controller, mobile patrolman, control room operator, employed in connection with security alarm systems and airport security personnel employed in connection with passenger and/or baggage security.

7. WHO IS BOUND BY THIS AWARD

7.1 This award will be binding upon:

7.1.1 The Australian Liquor, Hospitality and Miscellaeous Workers Union, its officers and its members; and

7.1.2 All employers whose names are set out in the Schedule of Respondents for their employees whether members of the union or not.

8. RELATIONSHIP WITH OTHER AWARDS

8.1 This award will supersede all previous awards or orders relating to the employment within its scope of all employees whether or not members of the Australian Liquor, Hospitality and Miscellaneous Workers Union, but no right, obligation or liability accrued or incurred under any such previous award or order will be affected.

8.2 This award will not apply for persons who are subject to the incidence of the following awards:

8.2.1 Security Employees - State Government Department and Instrumentalities - (Victoria) Interim Award 1993.

8.2.2 Security Employees - Post-Secondary, Education (TAFE) - (Victoria) Interim Award 1993.

PART 2 - AWARD FLEXIBILITY
9. INDEX OF FACILITATIVE PROVISIONS

9.1 Hours of work - clause 21

9.2 Public holidays - clause 26

9.3 Annual leave – clause 27

9.4 Personal/carers leave – clause 29

10. ENTERPRISE FLEXIBILITY PROVISIONS

(See ss.113A and 113B of the Act)

Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process will apply:

10.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace will be established.

10.2 For the purpose of the consultative process the employees may nominate the Union or another to represent them.

10.3 Where agreement is reached an application will be made to the Commission.

PART 3 - DISPUTES RESOLUTION
11. SETTLEMENT OF DISPUTES

In the event of a dispute or grievance arising, the procedure to be followed to resolve the dispute or grievance will be as follows:

11.1 Consultation will, in the first instance, take place within the establishment concerned.

11.2 If the dispute or grievance is unable to be resolved at establishment level the matter may be referred to the employees union representative or other employee representative at which level the matter will be dealt with without delay.

11.3 If the dispute or grievance remains unresolved, the matter may be referred by either party to the Commission for resolution.

11.4 Dispute Settlement Training Leave

[3:11.4 inserted by S4204 ppc 14Feb00]

11.4.1 The employer shall grant, up to five days leave with pay each year non-cumulative to attend courses conducted by an accredited training provider for accredited union delegates or employee representatives. Where such course/s are being attended by an a union delegate, the course/s shall be approved by the union. Leave to attend such courses shall be granted by the employer on the following conditions:

11.4.1(a) Where the employer employs between five and fifteen employees under this award, one employee may be granted up to five days leave in any twelve month period.

11.4.1(b) Where the employer employs more than fifteen but not more than 30 employees under this award, two employees may each be granted up to five days leave in any twelve month period.

11.4.1(c) Where the employer employs more than 30 but not more than 50 employees under this award, three employees may each be granted up to five days leave in any twelve month period.

11.4.1(d) Where the employer employs more than 50 weekly employees but not more than 100 employees under this award, four employees may each be granted up to five days leave in any twelve month period.

11.4.1(e) Where the employer employs more than 100 employees under this award, five employees may each be granted up to five days leave in any twelve month period.

11.4.2 The scope, content and level of the courses are directed to the enhancement of the operation of the procedure for avoidance and settlement of industrial disputes;

11.4.3 Employees shall have at least six months work experience in the industry to be eligible for dispute settlement training leave.

11.4.4 Four weeks notice of attendance prior to the training course is given to the employer by the union, accredited union delegate or employee representative (provided that the notice period may be varied to less than four weeks by agreement between the employer and the union, accredited union delegate or employee representative);

11.4.5 The employer may require satisfactory evidence of attendance at the course. Such satisfactory evidence may include written confirmation of attendance by the Union or Training Provider, including a certificate of completion of such course;

11.4.6 The taking of leave is taken having regard to the operational requirements of the employer. Where an employer refuses an application for dispute settlement training leave to attend a particular course on the grounds of operational requirements, every effort will be made to reach agreement between the relevant parties about an appropriate time for such leave to be granted to enable attendance at the course.

11.4.7 The union delegate or employee representative taking such leave shall be paid all ordinary time earnings which normally become due and payable during the period of leave. Ordinary time earning shall be defined as the relevant award classification rate, including any shift work loading and work related allowances, where relevant;

11.4.8 Leave of absence granted pursuant to this clause will count as service for all purposes of this award.

11.5 Redundancy disputes

[11.5 inserted by PR950222 ppc 29Jul04]

11.5.1 Paragraphs 11.5.2 and 11.5.3 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees.

11.5.2 Where a redundancy dispute arises, and if it has not already done so, an employer must provide affected employees and the relevant union or unions (if requested by any affected employee) in good time, with relevant information including:

• the reasons for any proposed redundancy;

• the number and categories of workers likely to be affected; and

• the period over which any proposed redundancies are intended to be carried out.

11.5.3 Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.

PART 4 - EMPLOYMENT RELATIONSHIP AND RELATED MATTERS
12. TYPES OF EMPLOYMENT

12.1 General

Employees under this award will be employed in one of the following categories:

12.1.1 full-time employees; or

12.1.2 part-time employees; or

12.1.3 casual employees.

At the time of engagement, an employer will inform each employee of the terms of their engagement and in particular whether or not they are to be full-time, part-time or casual. Such decision will then be recorded in the Time and Wages Record.

12.2 Full time employees

[new 12.2 inserted by PR916095 ppc 27Mar02]

An employer may employ full time employees in any classification on this award. A full time employee is an employee who works an average of 38 hours per week as prescribed by clause 21.

12.3 Part-time employees

[12.2 renumbered as 12.3 by PR916095 ppc 27Mar02]

12.3.1 An employer may employ regular part-time employees in any classification in this award.

12.3.2 A regular part-time employee is an employee who:

12.3.2(a) works less than full-time hours of 38 per week; and

12.3.2(b) has reasonably predictable hours of work; and

12.3.2(c) receives, on a pro rata basis, equivalent pay and conditions to those of

full-time employees who do the same kind of work.

12.3.3 at the time of engagement the employer and the regular part-time employee will agree in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

12.3.4 Any agreed variation to the regular pattern of work will be recorded in writing.

12.3.5 An employer is required to roster a regular part-time employee for a minimum of four consecutive hours on any shift.

12.3.6 All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 23 - Overtime, of this award.

12.3.7 An employee who does not meet the definition of a regular part-time employee and who is not a full-time employee will be employed as a casual employee.

12.3.8 A regular part-time employee employed under the provisions of this clause meet be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

12.4 Casual employees

[12.3 renumbered as 12.4 by PR916095 ppc 27Mar02]

12.4.1 A casual employee is an employee who is engaged and paid as such but will not include a part-time or full-time employee.

12.4.2 Casual employees will be paid, in addition to the ordinary hourly rate and rates payable for shift and weekend work on the same basis as a weekly employee, an additional loading of 15% of the ordinary hourly rate for the classification under which they are employed.

12.4.3 Casual employees will not be entitled to:

• Clause 14 - Redundancy

• Clause 18.2.1(b) - Shift work allowances – permanent night shift

• Clause 26 - Public holidays

• Clause 28 - Parental leave

• Clause 29 - Personal/carers’ leave

• Clause 30 - Jury service

• Clause 31 - Accident make-up pay

12.4.4 Caring responsibilities

[12.4.4 inserted by PR967536 from 12Jan06]

12.4.4(a) Subject to the evidentiary and notice requirements in 29.6 and 29.7 casual employees are entitled to not be available to attend work, or to leave work:

• if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or

• upon the death in Australia of an immediate family or household member.

12.4.4(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

12.4.4(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

12.5 Stand-down for disciplinary reasons

[12.4 renumbered as 12.5 by PR916095 ppc 27Mar02]

12.5.1 In circumstances where alleged misconduct or neglect of duty is made against an employee the employer may stand down the employee without pay for up to 72 hours to enable an investigation to be made into the matter.

12.5.2 During the investigation at the employee’s request, the Union or other employee representative will be consulted and given an opportunity to represent the interests of the effected employee.

12.5.3 If the alleged misconduct or neglect of duty is not sustained against the employee, payment for the period of the stand-down will be credited to the employee.

12A. LICENSING

[12A inserted by PR970114 from 24Mar06 corrected by PR970581 from 24Mar06]

All employees engaged under this Award are required to hold a relevant licence in accordance with the Private Security Act 2004 (Vic) (PS Act). The rates of pay contained in clause 16 of this Award are inclusive of skills acquired in accordance with the provisions of the PS Act.

13. TERMINATION OF EMPLOYMENT

[13 substituted by PR950222 ppc 29Jul04]

13.1 Notice of termination by employer

13.1.1 In order to terminate the employment of an employee the employer must give to the employee the period of notice specified in the table below:

13.1.2 In addition to the notice in 13.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.

13.1.3 Payment in lieu of the prescribed notice in 13.1.1 and 13.1.2 must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

13.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

13.1.4(a) the employee’s ordinary hours of work (even if not standard hours); and

13.1.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

13.1.4(c) any other amounts payable under the employee’s contract of employment.

13.1.5 The period of notice in this clause does not apply:

13.1.5(a) in the case of dismissal for serious misconduct;

13.1.5(b) to apprentices;

13.1.5(c) to employees engaged for a specific period of time or for a specific task or tasks;

13.1.5(d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or

13.1.5(e) to casual employees.

13.1.6 Continuous service is defined in clause 27.1.3.

13.2 Notice of termination by an employee

13.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

13.2.2 If an employee fails to give the notice specified in 13.1.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 13.1.4.

13.3 Job search entitlement

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

13.4 Transmission of business

Where a business is transmitted from one employer to another, as set out in clause 14 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.”

14. REDUNDANCY

[14 varied by PR935824; substituted by PR950222 ppc 29Jul04]

14.1 Definitions

14.1.1 Business includes trade, process, business or occupation and includes part of any such business.

14.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.

14.1.3 Small employer means an employer who employs fewer than 15 employees.

14.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

14.1.5 Week’s pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

• overtime;

• penalty rates;

• disability allowances;

• shift allowances;

• special rates;

• fares and travelling time allowances;

• bonuses; and

• any other ancillary payments of a like nature.

14.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

14.3 Severance pay

14.3.1 Severance pay – other than employees of a small employer

An employee, other than an employee of a small employer as defined in 14.1, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

* Week’s pay is defined in 14.1.

14.3.2 Severance pay – employees of a small employer

An employee of a small employer as defined in 14.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

* Week’s pay is defined in 14.1.

14.3.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

14.3.4 Continuity of service shall be calculated in the manner prescribed by clause 27.1.3. Provided that service prior to 29 July 2004 shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to 14.3.2.

14.3.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].

14.4 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 13 - Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

14.5 Alternative employment

14.5.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

14.5.2 This provision does not apply in circumstances involving transmission of business as set in 14.7.

14.6 Job search entitlement

14.6.1 During the period of notice of termination given by the employer in accordance with 13.1, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

14.6.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

14.6.3 The job search entitlements under this subclause apply in lieu of the provisions of 13.3.

14.7 Transmission of business

14.7.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

14.7.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

14.7.1(b) Where the employee rejects an offer of employment with the transmittee:

• in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

• which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

14.7.2 The Commission may vary 14.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

14.8 Employees exempted

This clause does not apply to:

• employees terminated as a consequence of serious misconduct that justifies dismissal without notice;

• probationary employees;

• apprentices;

• trainees;

• employees engaged for a specific period of time or for a specified task or tasks; or

• casual employees.

14.9 Incapacity to pay

The Commission may vary the severance pay prescription on the basis of an employer’s incapacity to pay. An application for variation may be made by an employer or a group of employers.

PART 5 - CLASSIFICATION STRUCTURE, WAGES AND RELATED MATTERS
15. CLASSIFICATION STRUCTURE

[15 substituted by PR970114 from 24Mar06, corrected by PR970581 from 24Mar06]

15.1 Security Officer - Level 1

15.1.1 A Security Officer Level 1 is an employee who has completed at least a Certificate II in Security Operations so as to enable the employee to perform work within the scope of this level and who performs work to the level of their skills, competency and training.

15.1.2 A Security Officer Level l:

15.1.2.1 is responsible for the quality of his/her own work subject to general supervision;

15.1.2.2 works under general supervision, which may or may not necessarily be at the site where the officer is posted, either individually or in a team environment;

15.1.2.3 exercises discretion within his/her level of skills and training; and

15.1.2.4 assists in the provision of on the job training.

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

15.1.3.1 watch, guard or protect persons and / or premises and / or property at sites / locations where the complex use of computer technology is not required;

15.1.3.2 Be stationed at an entrance/exit, where principal duties will include the control of movement of persons, vehicles, goods/property coming out of or going into premises or property, including vehicles carrying goods of any description, to ensure that the quantity and description of such goods is in accordance with the requirements of the relevant document/gate pass;

15.1.3.3 respond to basic fire / security alarms at their designated post;

15.1.3.4 in performing the duties referred to above the officer may be required to use electronic equipment such as hand-held scanners and simple closed circuit television systems utilising basic keyboard skills which do not require data input; and

15.1.3.5 provide safety induction to employees, contractors or visitors to the site.

15.2 Security Officer - Level 2

15.2.1 A Security Officer Level 2 is an employee who has completed at least a Certificate II in Security Operations so as to enable the employee to perform work within the scope of this level.

15.2.2 An employee at this level performs work above and beyond the skills of a Security Officer Level 1 and to the level of his/her skills, competence and training.

15.2.3 A Security Officer - Level 2:

15.2.3.1 works from complex instructions and procedures under general supervision which may or may not necessarily be at the site where the officer is posted;

15.2.3.2 assists in the provision of on-the-job training;

15.2.3.3 exercises good interpersonal communications skills;

15.2.3.4 co-ordinates work in a team environment or works individually under general supervision of a more senior security officer who may or may not necessarily be on site;

15.2.3.5 is responsible for assuring the quality of his /her own work; and

15.2.3.6 is required to act as first response to security incidents/matters.

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

15.2.4.1 duties of securing, watching, guarding, protecting as directed, including responses to alarm signals and attendances at and minor non-technical servicing of automatic teller machines (ATM’s). Such work shall not be undertaken alone and shall not include cash replenishment at ATM's;

15.2.4.2 crowd control functions including at shopping centres; major events, sporting tournaments, nightclubs, sporting venues and other entertainment venues or public areas where events, concerts or similar activities are conducted;

15.2.4.3 to patrol in a vehicle two or more separate establishments or sites, including where more than one site held by the same business is patrolled;

15.2.4.4 monitor and respond to electronic intrusion detection or access control equipment terminating at a visual display unit and/or computerised printout (except for simple closed circuit television systems). Such work shall not include complex data input into a computer;

15.2.4.5 monitor and act upon walk through electromagnetic detectors; and/or monitor, interpret and act upon screen images using x-ray imaging equipment;

15.2.4.6 the operation of a public weigh-bridge by a Security officer;

15.2.4.7 recording and/or reporting security incidents or matters on a computer based system; and

15.2.4.8 may be required to perform the duties of a Security Officer - Level l.

15.3 Security Officer - Level 3

15.3.1. A Security Officer Level 3 is an employee who holds a Certificate III in Security Operations or equivalent and is able to exercise the skills and possess the knowledge of the location where the employee is posted by the employer so as to enable the employee to perform work within the scope of this level under limited supervision which may or may not necessarily be at the site where the officer is posted.

15.3.2 A Security Officer Level 3 works above and beyond the skills of an employee at Level 1 and Level 2, and to the level of his/her skills, competence and training.

15.3.3 A Security Officer Level 3:

15.3.3.1 works from complex instructions and procedures under limited supervision;

15.3.3.2 exercises good interpersonal and communications skills;

15.3.3.3 exercises computer skills at a level higher than Level 2;

15.3.3.4 assists in the provision of on the job training;

15.3.3.5 exercises discretion within the scope of this c1assification level; and

15.3.3.6 performs work independently under limited supervision either individually or in a team environment.

15.3.4 Indicative of the tasks which an employee at this level may be required to perform are the following:

15.3.4.1 control of movement of persons, vehicles, stock and material at gatehouses and similar locations utilising monitoring and operating computer based systems requiring data input, including manipulation of spread sheet based computer programs or other advanced monitoring system;

15.3.4.2 monitor and operate, under supervision, building operation systems terminating at a visual display unit or computerised printout, including the monitoring of complex fire alarms, water towers / chillers, temperatures and other similar building operational system functions;

15.3.4.3 stock and material control at computerised gatehouses and similar locations requiring data input and manipulation of computer programs e.g. Microsoft Excel and other similar computer programs;

15.3.4.4 provide safety induction to employees, contractors or visitors to the site; and

15.3.4.5 may be required to perform the duties of a Security Officer - Level 1 and Security Officer - Level 2.

15.4 Security Officer - Level 4

15.4.1 A Security Officer Level 4 is an employee who holds a Certificate III in Security Operations or equivalent and is able to exercise the skills and possess the knowledge of the location where the employee is posted by the employer so as to enable the employee to perform work within the scope of this level.

15.4.2 A Security Officer Level 4 works above and beyond an employee at Level 1, Level 2 and Level 3, and to the level of his /her skills, competence and training.

15.4.3 A Security Officer Level 4:

15.4.3.1 works individually or in a team environment under limited supervision which may not necessarily be at the site where the officer is posted;

15.4.3.2 assists in the provision of on-the-job training;

15.4.3.3 exercises discretion within the scope of this classification level;

15.4.3.4 exercises computer skills at a higher level than Level 3; and

15.4.3.5 exercises high level interpersonal and communications skills.

15.4.4 Indicative of the tasks which an employee at this level may be required to perform are the following:

15.4.4.1 monitoring, recording, inputting information or reacting to signals and instruments related to electronic surveillance of any kind within a central station or at a particular location;

15.4.4.2 keyboard operation to alter the parameters within an integrated intelligent building management and/or security system, including operating computer programs which have the ability to lock/unlock doors, program access cards, audit door access by individual as well as recording time and date of access;

15.4.4.3 the coordinating, monitoring or recording of the activities of Security Officers utilising a verbal or computer based communications system within a central station; and

15.4.4.4 may be required to perform the duties of Security Officers at Levels 1, 2 and 3.

15.5 Security Officer - Level 5

15.5.1 Security Officer Level 5 is an employee who holds a Certificate III in Security Operations or equivalent and is able to exercise the skills and possess the knowledge of the location where the employee is posted by the employer so as to enable the employee to perform work within the scope of this level.

15.5.2 A Security Officer Level 5 works above and beyond an employee at Level l, Level 2, Level 3 and Level 4 and to the level of his/her skills, competence and training and, may co-ordinate the work of Security Officers working in a team environment within a central station.

15.5.3 A Security Officer Level 5:

15.5.3.1 works individually or in a team environment under limited supervision, which may not necessarily be at the site where the officer is posted;

15.5.3.2 exercises high level communications/ interpersonal skills;

15.5.3.3 assists in the provision of training in conjunction with supervisors and/or trainers;

15.5.3.4 exercises discretion within the scope of this classification level; and

15.5.3.5 exercises computer skills at a higher level than Level 4.

15.5.4 Indicative of the tasks which an employee at this level may be required to perform are the following:

15.5.4 keyboard operation to alter the parameters within an integrated intelligent building management and/or security system including operating computer programs which have the ability to remotely lock/unlock doors, program access cards, audit and record door access by individuals as well as recording time and date of access etc.;

15.5.4.2 the coordinating, monitoring or recording of the activities of Security Officers utilising a verbal or computer based communications system with a central station at the particular site or location; and

15.5.4.3 may be required to perform the duties of Security Officers at Levels 1, 2, 3 and 4.

15.6 Incidental duties

Despite a Security Officer's level according to the classification structure, a Security Officer at any level is to perform duties incidental to the tasks of a Security Officer within the employee's level of skill, competence and training.

15A. CLASSIFICATION STRUCTURE - TRANSLATION AND RECLASSIFICATION

[15A inserted by PR970114 from 24Mar06, corrected by PR970581 from 24Mar06]

15A.1 In the event of a dispute in relation to translation, classification or reclassification of an employee under clause 15 which cannot be resolved within the establishment concerned, the dispute shall be referred to a Board of Reference to deal with or determine the dispute.

15A.2 The Board shall be constituted by a Chairperson who shall be a member of the Australian Industrial Relations Commission and two other members, one of whom shall be nominated by the Union and the other nominated by the respondent employer.

16. WAGES

[16 substituted by R6036 S6828 PR904751; PR918882 ppc 11Jun02]

[16.1 substituted by PR933167 PR947917 PR959117; PR970114 from 24Mar06; corrected by PR970581 from 24Mar06]

16.1 Employees at each level will be paid at not less than the total weekly rate prescribed.

16.2 Absorption clause

[16.2 substituted by PR933167 PR947917 PR959117 ppc 24Jun05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR950681)]

The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

16.3 Excess Supplementary Payment

[16.3 inserted by PR931717; corrected by PR961172 ppc 24Jun05 (ppc 01Aug05 for Victorian employers bound to apply the terms of this award by PR950681]

16.3.1 In addition to the rates of pay prescribed in clause 16, Wages, all employees employed by a security services provider who is engaged by the Victorian State Government, or a Victorian State Government Department or Victorian State Government Instrumentality for the provision of security services, shall receive the following additional payments, which shall be payable for all time worked in accordance with that engagement, for all purposes of the Aware i.e. payable for all hours worked and for all periods of paid leave, but not added to the base rates of pay for the purpose of calculating loadings and/or penalty rates under this Award.

16.3.2 The amounts provided herein shall not be subject to further adjustment.

16A. TRANSITIONAL WAGE RATES FOR VICTORIA—APPLICATION OF COMMON RULE AWARD

[16A inserted by PR959117 ppc 24Jun05]

16A.1 This clause contains the transitional rates of pay and allowances for employers in the state of Victoria who were previously not bound by this award, but are now subject to the award by virtue of the award having been declared a common rule under s.141 of the Workplace Relations Act 1996.

16A.2 These rates of pay and allowances apply only until 31 July 2005.

16A.3 WAGES

16A.3.1 Employees at each level will be paid at not less than the total weekly rate prescribed.

16A.3.2 Excess Supplementary Payment

[16A.3.2 inserted by PR959117 ppc 24Jun05; corrected by PR961172 ppc 24Jun05]

In addition to the rates of pay prescribed in clause 16, Wages, all employees employed by a security services provider who is engaged by the Victorian State Government, or a Victorian State Government Department or Victorian State Government Instrumentality for the provision of security services, shall receive the following additional payments, which shall be payable for all time worked in accordance with that engagement, for all purposes of the Aware i.e. payable for all hours worked and for all periods of paid leave, but not added to the base rates of pay for the purpose of calculating loadings and/or penalty rates under this Award.

[16A.3.3 inserted by PR959117 ppc 24Jun05; corrected by PR961172 ppc 24Jun05]

16A.3.3 The amounts provided herein shall not be subject to further adjustment.

16A.4. ALLOWANCES

16A.4.1 Airport security employee

All employees at level 1 who are employed at Tullamarine Airport to provide terminal and aircraft security services will be paid an allowance of $3.04 per week.

16A.4.2 First aid allowance

A person required as a condition of their employment to act as a First Aid Attendant and who holds a current certificate of St. John Ambulance Society or equivalent will be entitled to a payment of $11.09 per week.

16A.4.3 Relieving officer allowance

16A.4.3(a) Where an employer and employee are in agreement, a weekly employee may be appointed as a Relieving officer. A Relieving officer will be paid an additional amount of $23.57 per week for all purposes of the award.

16A.4.3(b) This allowance is not in substitution for any shift or weekend penalties earned for working ordinary hours, nor is it in substitution for any overtime payments.

16A.4.3(c) A Relieving officer is engaged for the purpose of relieving at short notice any other Security officer and for whom a display of roster is not required; 24 hours' notice of shift will be given where possible.

16A.4.4 Employee providing own transport

An employee required by their employer to provide their own motor car will be paid a running cost allowance of $0.61 per kilometre.

16A.4.5 Leading hands

16A.4.5(a) Where an employer appoints a Security officer, other than a Security officer level 5, as a leading hand the following extra rates will apply:

16A.4.5(a)(i) Leading Hands in charge of not less than three, and not more than ten employees $22.32 per week;

16A.4.5(a)(ii) more than ten employees and not more than twenty employees $33.99 per week;

16A.4.5(a)(iii) more than twenty employees $43.41 per week.

16A.4.6 Allowances (reimbursement)

16A.4.6(a) Torch allowance

Where the employer requires an employee to provide a torch, the employee will be paid $0.57 per shift as a battery allowance.

16A.4.6(b) Excess fares allowance

An employee attending in accordance with a requirement to work shift in two periods of duty, exclusive of meal breaks, on any day, will be paid an additional allowance of $2.45 per day with a maximum payment of $12.28 per week.

16A.4.6(c) Melbourne airport location allowance

An employee required to work at Melbourne Airport will be paid $5.19 for each day or shift worked. Where an employee has left the airport and is later recalled for additional duties the employee will be paid an additional $5.19.

16A.4.6(d) Meal allowance

16A.4.6(d)(i) Where an employee is required by the employer to work more than two hours into the next shift the employee will be paid a meal allowance of $9.05, and $7.75 after each subsequent four hours' overtime provided that the employee was not notified on the previous day that he/she would be required to work.

16A.4.6(d)(ii) This clause will not apply where the employer provides a meal.

16A.4.6(e) Uniforms, protective clothing and safety footwear allowance

16A.4.6(e)(i) Any employee required to wear a uniform, protective clothing or safety footwear or is required to carry and use hand held electronic communication equipment will be reimbursed in full the cost of providing such uniform, clothing, footwear or equipment.

16A.4.6(e)(ii) This clause shall not apply where the employer chooses to provide the uniform, protective clothing, footwear or equipment.

16A.4.6(e)(iii) All uniforms, clothing, footwear and equipment will remain the property of the employer.

16A.4.6(e)(iv) An employee may be required to reimburse the employer in circumstances where loss or damage occurs due to the proven willful actions or negligence of the employee.

16A.4.6(e)(v) Where a uniform is required to be worn by the employee in accordance with this clause, an employee will be paid a laundry allowance of 32 cents per shift unless the employer pays for the cost of laundry of uniforms.

16A.4.7 Aviation Security Allowance

All employees engaged in the provision of security services in the aviation industry at the Tullamarine precinct, the Qantas Flight Training Centre, and the Qantas Avalon Airbase including, but not necessarily limited to, passenger, goods and/or baggage security including checked baggage screening services for International Aircraft, control room functions, guarding and controlling access to designated areas, and general security of persons, property and buildings, shall be paid an allowance of $1.05 per hour for all purposes of the award.

17. ALLOWANCES

17.1 Firearm allowance

[17.1 varied by R6036 S6828 PR904751 PR918882 PR933167 PR947917 PR959117 PR975389; PR979281 ppc 26Oct07]

[17.1 Airport security employee, title changed and substituted by PR970114 from 24Mar06;]

17.1.1 Where an employee is required by his/her employer to hold a Firearm Licence and to carry a firearm in the course of his/her duties, he/she shall be paid a Firearm Allowance of $2.14 per shift to a maximum of $10.70 per week.

17.1.2 This allowance shall be paid for periods of paid leave or public holidays not worked, but shall not be added to the base rates of pay for the purpose of calculating loadings and/or penalty rates under this award.

17.1.3 Where an employee is required by the employer to obtain or maintain a firearm, the employee must be paid an allowance of $10.51 per week.

17.2 Occupational First Aid Allowance

[17.2 varied by R6036 S6828 PR904751 PR918882 PR933167 PR947917 PR959117; First aid allowance, title changed and substituted by PR970114 from 24Mar06; varied by PR959117 PR975389; PR979281 ppc 26Oct07]

17.2.1 A First Aid Allowance shall be paid to an employee who is required by his/her employer, as a condition of his/her employment, to act as a First Aid Attendant on the following basis:

17.2.1.1 if the employee is required by the employer to hold a Level 2 First Aid Certificate of the St. John Ambulance Society or equivalent, then he/she will be entitled to a payment of $2.37 per shift, to a maximum of $11.86 per week;

17.2.1.2 if the employee is required by the employer to hold a Level 3 First-Aid Certificate of the St. John Ambulance Society or equivalent, then he/she will be entitled to a payment of $3.11 per shift, to a maximum of $15.52 per week; and

17.2.1.3 if the employee is required by the employer to carry out more specialised first aid than is incorporated in either a Level 2 or Level 3 First Aid Certificate of the St. John Ambulance Society or equivalent (whether or not he/she is also required to hold one or other of the said Certificates), then he/she will be entitled to a payment of $4.17 per shift to a maximum of $20.86 per week.

* (examples of the more specialised first aid which attracts the allowance at this level are the operation of a defibulator, oxy-viva and other like specialist equipment).

17.2.2 This allowance shall be paid for periods of paid leave or public holidays not worked, but shall not be added to the base rates of pay for the purpose of calculating loadings and/or penalty rates under this award.

17.3 Relieving officer allowance

[17.3.1 varied by R6036 S6828 PR904751 PR918882 PR933167 PR947917 PR959117 PR975389; PR979281 ppc 26Oct07]

17.3.1 Where an employer and employee are in agreement, a weekly employee may be appointed as a Relieving officer. A Relieving officer will be paid an additional amount of $26.07 per week for all purposes of the award.

17.3.2 This allowance is not in substitution for any shift or weekend penalties earned for working ordinary hours, nor is it in substitution for any overtime payments.

17.3.3 A Relieving officer is engaged for the purpose of relieving at short notice any other Security officer and for whom a display of roster is not required; 24 hours' notice of shift will be given where possible.

17.4 Employee providing own transport

[17.4 varied by PR918882 PR933167 PR959117; PR975389 ppc 01Dec06]

An employee required by their employer to provide their own motor car will be paid a running cost allowance of $0.69 per kilometre.

17.5 Leading hands

[17.5.1 varied by R6036 S6828 PR904751 PR918882 PR933167 PR947917 PR959117 PR975389; PR979281 ppc 26Oct07]

17.5.1 Where an employer appoints a Security officer, other than a Security officer level 5, as a leading hand the following extra rates will apply:

17.5.1(a) Leading Hands in charge of not less than three, and not more than ten employees $24.68 per week;

17.5.1(b) more than ten employees and not more than twenty employees $37.58 per week;

17.5.1(c) more than twenty employees $48.01 per week.

17.6 Allowances (reimbursement)

17.6.1 Torch allowance

[17.6.1 varied by PR918882 PR959117; PR975389 ppc 01Dec06]

Where the employer requires an employee to provide a torch, the employee will be paid $0.61 per shift as a battery allowance.

17.6.2 Excess fares allowance

[17.6.2 varied by PR918882 PR933167 PR959117 PR975389; PR979281 ppc 26Oct07]

An employee attending in accordance with a requirement to work shift in two periods of duty, exclusive of meal breaks, on any day, will be paid an additional allowance of $2.80 per day with a maximum payment of $14.12 per week.

17.6.3 Melbourne airport location allowance

[17.6.3 varied by PR918882 PR933167 PR959117; PR979281 ppc 26Oct07]

An employee required to work at Melbourne Airport will be paid $5.57 for each day or shift worked. Where an employee has left the airport and is later recalled for additional duties the employee will be paid an additional $5.97.

17.6.4 Meal allowance

[17.6.4 varied by PR918882 PR933167 PR947917 PR959117 PR975389; PR979281 ppc 26Oct07]

17.6.4(a) Where an employee is required by the employer to work more than two hours into the next shift the employee will be paid a meal allowance of $10.08, and $8.63 after each subsequent four hours' overtime provided that the employee was not notified on the previous day that he/she would be required to work.

17.6.4(b) This clause will not apply where the employer provides a meal.

17.6.5 Uniforms, protective clothing and safety footwear allowance

17.6.5(a) Any employee required to wear a uniform, protective clothing or safety footwear or is required to carry and use hand held electronic communication equipment will be reimbursed in full the cost of providing such uniform, clothing, footwear or equipment.

17.6.5(b) This clause shall not apply where the employer chooses to provide the uniform, protective clothing, footwear or equipment.

17.6.5(c) All uniforms, clothing, footwear and equipment will remain the property of the employer.

17.6.5(d) An employee may be required to reimburse the employer in circumstances where loss or damage occurs due to the proven willful actions or negligence of the employee.

[17.6.5(e) varied by PR918882 PR933167 PR947917 PR959117 PR975389; PR979281 ppc 26Oct07]

17.6.5(e) Where a uniform is required to be worn by the employee in accordance with this clause, an employee will be paid a laundry allowance of $0.36 per shift unless the employer pays for the cost of laundry of uniforms.

17.7 Aviation Security Allowance

[17.7 inserted by T2451; varied by PR904751 substituted by PR919664 ppc 11Jun02; varied by PR918882 PR933167 PR947917 PR959117 PR975389; PR979281 ppc 26Oct07]

All employees engaged in the provision of security services in the aviation industry at the Tullamarine precinct, the Qantas Flight Training Centre, and the Qantas Avalon Airbase including, but not necessarily limited to, passenger, goods and/or baggage security including checked baggage screening services for International Aircraft, control room functions, guarding and controlling access to designated areas, and general security of persons, property and buildings, shall be paid an allowance of $1.17 per hour for all purposes of the award.

18. SHIFT WORK ALLOWANCES

18.1 For the purpose of this clause:

18.1.1 Afternoon shift means any shift finishing after 6.30 p.m.

18.1.2 Night shift means any shift finishing after midnight and at or before 8.00 a.m.

18.1.3 Early morning shift means any shift commencing before 6.30 a.m.

18.1.4 Permanent night shift is a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least 1/3rd of working time off night shift in each shift cycle.

18.2 An employee will be paid in addition to any rates prescribed in clause 16 - Wages, as follows:

18.2.1 From midnight Sunday to midnight Friday inclusive but excluding work performed on a public holiday as prescribed in clause 26 - Public holidays:

18.2.1(a) for any Afternoon shift, Night shift or Early morning shift as defined above, 20% of 1/38th of the appropriate rate prescribed in clause 16 - Wages, for each ordinary hour worked;

18.2.1(b) an employee other than a casual working a Permanent night shift as defined above, 30% of 1/38th of the appropriate rate prescribed in clause 16 - Wages, for each ordinary hour worked.

19. PAYMENT OF WAGES

19.1 Payment of wages will be made by cheque or Electronic Funds Transfer, either weekly or fortnightly. These payment will be made not later than Thursday in the pay week Where a public holiday falls in that week, payment will be made by Friday. Where a public holiday falls on a Friday, payment will be made no later than Wednesday of that week.

19.2 Wages will be paid on the following basis:

19.2.1 standard pay for hours worked;

19.2.2 average pay when the employer elects to do so.

19.3 Pay averaging system

19.3.1 Absences from duty under an averaging system

Where an employee’s ordinary hours in a week are greater or less than 38 hours and the employee’s pay is averaged to avoid fluctuating wage payments, the following will apply:

19.3.1(a) The employee will accrue a credit for each day the employee works ordinary hours in excess of the daily average.

19.3.1(b) The employee will accrue a credit for each day of absence from duty other than on annual leave, long service leave, public holidays, paid sick leave, workers compensation, paid bereavement leave, paid carers’ leave, paid training leave in accordance 16.1 or clause 30 - Jury service.

19.3.1(c) An employee absent for part of a day, other than on annual leave, long service leave, public holidays, paid sick leave, workers’ compensation, paid bereavement leave, paid carers’ leave, paid training leave in accordance with 16.1 or clause 30 - Jury service, will accrue a proportion of the credit for the day, based upon the proportion of the working day that the employee was in attendance.

20. SUPERANNUATION - CONTRACT SECURITY INDUSTRY

20.1 Definitions

20.1.1 ARF means The Australian Retirement Fund established by Trust Deed and Articles on 11 July 1986.

20.1.2 Approved fund means a superannuation scheme which is established in accordance with the Operational Standards for Occupational Superannuation Schemes and has received preliminary listing from the office of the Occupational Superannuation Commissioner - Interim Group.

20.1.3 Union means the Australian Liquor, Hospitality and Miscellaneous Workers Union.

20.1.4 Eligible employee means a full-time, part-time or casual employee employed by a Contract Security employer and who has completed one calendar month's service with an employer.

20.1.5 Employer means a contract security employer.

20.2 Fund

20.2.1 For the purposes of this award contributions made by contract security employers will be in accordance with the provisions of 20.3.1. Contributions will be paid to the Trustees of ARF.

20.2.2 All contract security employers bound by this award will become party to ARF upon the acceptance of the Trustees of that Scheme of an application to become a Participating Employer of ARF, duly signed and executed by that employer.

20.2.3 An employee will become eligible to join ARF on the first day of the calendar month following commencement of employment.

20.3 Contributions

20.3.1 Contributions will be paid by contract security employers on the following basis:

20.3.1(a) For full-time employees, a payment of $12.50 per week for each complete week employed.

20.3.1(b) For casual employees (as defined in this award) on payment of $0.33 per hour with a minimum payment of $2.50 per week for each week in which one shift or more is worked. Provided that the maximum amount payable by an employer will be $12.50 per week.

20.3.2 Contributions will only be made in respect of eligible employees as defined provided that if a new employee was a member of ARF at their prior place of employment, no eligibility requirement will apply.

20.3.3 A pro rata deduction will be made from the weekly contribution payable for any unauthorized absence of at least one day’s duration.

20.3.4 An employer, as defined will not be required to contribute during any periods of unpaid leave - or beyond the expiry of any entitlement to accident make-up pay as prescribed in this award. Further an employer will not be required to make additional contributions in respect of annual leave paid out on termination.

20.3.5 Contributions will be made for each calendar month an employee is a member of the scheme.

20.4 Exemptions

20.4.1 Contract security employers of employees who are covered by any superannuation award or agreement made under the Industrial Relations Act 1979 (Victoria), will be exempted from the provisions of this award.

20.4.2 The employers set out below who, by agreement with the union, provide superannuation under an approved company fund to employees who elect not to join ARF will be exempted from the provisions of 20.2.

• Chubb Australia Limited

• Strike Swiftly Security Service

• Wormald International (Australia) Pty Ltd

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK
21. HOURS OF WORK

[21.1 varied by PR916095 ppc 27Mar02]

21.1 The standard ordinary hours of work will be an average of 38 per week to be worked on one of the following bases as determined by the employer:

21.1.1 38 hours within a work cycle not exceeding seven consecutive days; or

21.1.2 76 hours within a work cycle not exceeding fourteen consecutive days; or

21.1.3 114 hours within a work cycle not exceeding 21 consecutive days; or

21.1.4 152 hours within a work cycle not exceeding 28 consecutive days.

21.1.5 Every employer shall notify the hours at which an employee is required to commence or cease work. Work done outside the ordinary hours shall be at overtime rates.

21.2 Provided that where the objective is for employees to have more than one rostered day off in a four-week cycle by mutual agreement between the employer and the majority of employees concerned at a particular establishment, the employer and employees may agree that the ordinary hours exceed more than the standard hours fixed for a day's work, but not exceeding ten on any day, thus enabling a week day off to be taken more frequently than would otherwise apply.

21.2.1 Once a cycle as prescribed in clause 21.1 has been determined by the employer and implemented, it shall not be varied until that cycle has been completed except to meet an emergency due to sickness, or other unexpected and unavoidable cause, or by personal agreement between the employer and employee(s) concerned.

21.2.2 Where a rostered day off coincides with a Saturday or Sunday, by mutual agreement, the rostered day off shall be taken either in advance, or the normal rostered working day following such Saturday or Sunday.

21.3 By agreement between the employer and the majority of employees concerned in a particular establishment, ordinary working hours exceeding ten but not exceeding twelve hours per day or shift may be introduced subject to:

21.3.1 Proper health monitoring procedures being introduced;

21.3.2 Suitable roster arrangements being made;

21.3.3 Proper supervision being provided;

21.3.4 Adequate breaks being provided;

21.3.5 Where a Union member is affected, the Union, at the member’s request, must be given a reasonable opportunity to participate in negotiations.

21.3.6 An adequate trial or review process being implemented.

21.3.7 Once agreement is reached it must be recorded in the Time and Wages Records.

21.4 Broken shifts

Weekly employees may be rostered to work ordinary hours in up to two periods of duty, exclusive of meal breaks, per day, with a minimum payment of three hours for each period of duty.

NOTE: An employee working broken shifts is entitled to a broken shift excess fares allowance as prescribed in 17.6.2.

21.5 Summer time

21.5.1 Despite anything contained elsewhere in this award, whereby reason of legislation summer time is prescribed as being in advance of standard time, the length of any shift:

21.5.1(a) commencing before the time prescribed under relevant legislation for the commencement of a summer time period; and

21.5.1(b) commencing on or before the time prescribed under legislation for the termination of a summer time period;

will be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end, the time of the clock in each case to be set to the time fixed under legislation.

21.5.2 In this clause the expressions standard time and summer time will bear the same meaning as are prescribed by legislation, and legislation will mean the Summer Time Act 1972 (Victoria) as amended or as substituted.

22. MEAL BREAKS

22.1 No deduction will be made in an employee's time for a meal period of 30 minutes unless the employee is permitted to leave their employer's premises for such meal.

22.2 If an employee is interrupted during a meal break their break will resume immediately after such an interruption.

22.3 An employer will not employ any employee, nor will an employee work, for more than five hours continuously without an interval for a meal.

23. OVERTIME

Except as otherwise provided in this award the ordinary hours of work will not exceed an average of 38 hours per week. The following penalties will apply for the purposes of calculating overtime.

23.1 For the purposes of this clause time will mean 1/38th of the weekly rate as provided for in clause 16 - Wages.

23.2 For any shift or period of work in excess of ordinary hours:

23.2.1 Monday to Friday

At the rate of time and a half for the first two hours and double time thereafter

23.2.2 Saturday

At the rate of double time for the first two hours and double time and a half thereafter

23.2.3 Sunday

At the rate of double time and a half for the first two hours and triple time thereafter

23.3 In the circumstances where a shift or period of work commences on one day and continues into the next succeeding day overtime penalties applicable to the day on which the overtime is worked will apply.

23.4 Despite anything else contained in this sub-clause, where a permanent employee is offered work of an ad-hoc nature, i.e. work that is unforeseen, unplanned, irregular or caused by an emergency, the employee will be paid for each hour the casual hourly rate prescribed in 12.3.2.

23.5 Minimum breaks between shifts

Where overtime or additional periods of duty are required to be worked they will be so arranged to enable day workers to have a break of at least ten hours between the finishing time of one period of duty and the commencing time of the next period of duty. Shift workers will be entitled to have a break of at least 7.6 hours between the finishing time of one period of duty and the commencing time of the next period of duty.

24. WEEKEND WORK

For the purposes of this clause time will mean 1/38th of the weekly rate as provided for in clause 16 - Wages.

24.1 For any ordinary hours worked on a weekend the following rates will apply:

24.1.1 Between midnight Friday and midnight Saturday:

Time and a half.

24.1.2 Between midnight Saturday and midnight Sunday:

Double time.

25. MINIMUM PAYMENT

An employee called up for duty will be paid a minimum payment of four hours at the appropriate rate.

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
26. PUBLIC HOLIDAYS

26.1 Employees (other than casual employees) will be entitled to the following holidays without deduction of pay:

26.1.1 New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

26.1.2 The following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, Queen’s Birthday and Eight Hours’ Day or Labour Day; and

26.1.3 Melbourne Cup Day or an other day to be specified in non-metropolitan areas.

26.2 When Christmas Day is a Saturday or a Sunday, a holiday in lieu of will be observed on 27 December.

26.3 When Boxing Day is a Saturday or a Sunday, a holiday in lieu will be observed on 28 December.

26.4 When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu will be observed on the next Monday.

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

26.6 Facilitative provisions

26.6.1 An employer and their employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees will constitute agreement

26.6.2 Where a Union member is affected, the Union, at the member’s request, must be given a reasonable opportunity to participate in negotiations.

26.6.3 An agreement under 26.6.1 will be recorded in writing and be available to every affected employee.

26.7 Payment for work on a public holiday

In lieu of the special rates in clause 23 - Overtime and 24 - Weekend work:

26.7.1 double time and a half will be the special rate for all work performed by a weekly employee on any of the above mentioned public holidays.

26.7.2 double time for the first ten hours and triple time thereafter for all work performed by a casual employee on any of the above mentioned public holidays

For the purposes of this clause time will mean the weekly rate as provided for in clause 16 - Wages, divided by 38.

26.8 Where work is performed on a substituted day referred to in 26.4 the special rate will only be payable for such day.

26.9 An employee (other than a casual) will be entitled to be paid only for the number of hours that would have ordinarily been worked on any such day had it not been one of the prescribed holidays.

26.10 Any employee absent from work on any portion of the working day preceding or any portion of the working day succeeding a holiday provided without permission from the employer or without having reasonable cause for having been absent from work, will not be entitled to payment for such holiday.

[26.11 substituted by S2592 ppc 20Jan2000]

26.11 A seven day shift worker, as defined in clause 27.10.1, whose rostered day off falls on a holiday provided for in 26.1, and who is not required to work, will receive:

26.11.1 an alternative day off; or

26.11.2 an addition of one day to annual leave; or

26.11.3 an additional days wages for the number of ordinary rostered hours at the ordinary time rate in addition to the weekly wage. Where the number of ordinary rostered daily hours change on a weekly basis, the additional days wages shall be determined by reference to the ordinary rostered daily hours within the week in which the Public Holiday/s fall.

In reference to this sub-clause, the rostered day off does not mean a rostered day off due to the implementation of shorter hours.

26.12 Where a rostered day off falls on a public holiday as prescribed in 26.1, the next working day will be taken in lieu of the rostered day off, unless an alternative day is agreed upon between the employer and the employee. This sub-clause does not apply to employees as prescribed in 26.4.

27. ANNUAL LEAVE

27.1 Definitions

27.1.1 For the purposes of the this clause:

Ordinary pay in relation to any employee means remuneration for the employee's normal weekly number of hours of work calculated at the ordinary time rate of pay and in addition will include -

27.1.1(a) over-award payments for ordinary hours of work;

27.1.1(b) shift work premiums, according to roster or projected roster;

27.1.1(c) Saturday and Sunday premiums, according to roster or projected roster;

27.1.1(d) leading-hand allowances;

27.1.1(e) first aid allowances;

Week in relation to any employee means the employee’s ordinary working week;

Employee means any person employed by any employer to do any work for hire or reward.

27.1.2 For the purposes of the definition of the term ordinary pay in 27.1.1 of this clause:

27.1.2(a) where no ordinary time rate of pay is fixed for an employee's work under the terms of employment the ordinary time rate of pay will be deemed to be the average weekly rate earned during the period in respect of which the right to the annual leave accrues;

27.1.2(b) where no normal weekly number of hours is fixed for an employee under the terms of employment, the normal weekly number of hours of work will be deemed to be the average weekly number of hours worked during the period in respect of which the right to the annual leave accrues;

27.1.2(c) the cash value of any board or lodging provided for an employee will be deemed to be its cash value as fixed by or under the terms of the employee's employment or, if it is not so fixed, will be computed at the rate of $4.00 a week for board and $2.00 a week for lodging;

The value of any board or lodging or the amount of any payment for board or lodging will not be included in any case where the board or lodging is provided or the payment is made not as part of ordinary pay, but because the work done by the employee is in a locality as to necessitate the employee sleeping elsewhere than at his genuine place of residence, or because of any other special circumstances.

27.1.3 For the purposes of this award a year of employment will be deemed to be continuous despite-

27.1.3(a) any annual leave or long service leave taken therein;

27.1.3(b) any interruption or ending of the employment by the employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave;

27.1.3(c) any absence from work of not more than fourteen days in the year of employment on account of sickness or accident;

27.1.3(d) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the employer;

27.1.3(e) any absence on any other account not involving termination of employment and in calculating a year of employment any absence of a kind mentioned in 27.1.3(a), 27.1.3(b) or 27.1.3(c) of this sub-clause will be counted as part of the year of employment. However, for absences of a kind mentioned in 27.1.3(d) and 27.1.3(e) of this sub-clause it will be necessary for the employee as part of the qualification for annual leave to serve such additional periods as equals the period of such absences.

27.2 Period of annual leave

All employees are entitled to at least four weeks annual leave after every twelve months continuous service.

27.3 Payment for period of annual leave

The pay rate for annual leave is the employee’s ordinary pay (as defined) at the time the employee takes annual leave

27.4 Loading on annual leave

27.4.1 During a period of annual leave employees will receive a loading of 17.5% calculated on the rate applicable to them as prescribed by clause 16 - Wages, 17.5 and 17.2.

27.4.2 Where the employee would have received shift loadings prescribed by clause 18-Shift work allowances had the employee not been on leave during the relevant period and the loadings would have entitled them to a greater amount than the loading of 17.5%, then the shift loadings will be added to the rate applicable to them as prescribed by clause 16 - Wages, 17.5 and 17.2 in lieu of the 17.5% loading.

27.4.3 The loading prescribed by this clause will not apply to proportionate leave on termination.

27.5 When to take annual leave

[27.5 How much notice, title changed and substituted by PR967536 from 12Jan06]

27.5.1 The employee must be allowed to take annual leave, at a time agreed with the employer, within six months after it is due. The employer and the employee may agree to extend this period to 12 months.

27.5.2 To assist employees in balancing their work and family commitments:

27.5.2(a) an employee may elect, with the consent of the employer, to accrue and carry forward any amount of annual leave for a maximum of two years from the date the employee becomes entitled to the leave.

27.5.2(b) an employee may elect, with the consent of their employer, to take annual leave in single days, up to maximum of 10 single days in any year.

27.6 Payment instead of leave

27.6.1 An employee must take annual leave. However, if the employee leaves or is dismissed, the employer must pay the employee any leave entitlement including a proportionate amount for all time worked since the employee began working, or last qualified for leave equal to 1/12th of the employees ordinary pay (as defined).

27.6.2 Such pro rata annual leave pay does not include leave loading.

27.7 Public holidays falling within annual leave

If a public holiday falls within an employee’s annual leave, as prescribed in the award, and is on a day which would have been an ordinary working day, then the extra time equivalent to the public holiday is added to the employee’s annual leave.

27.8 Leave allowed before due date

27.8.1 If the employee and the employer so agree, the annual leave may be taken wholly or partly in advance before the employee has become entitled to the annual leave.

27.8.2 Where the annual leave or any part has been taken before the right to the annual leave has accrued, the right to further annual leave will not commence to accrue until after the expiration of the year of employment in respect of which the annual leave or part has been so taken.

27.8.3 Where the annual leave has been taken in advance in accordance with this sub-clause and;

27.8.3(a) the employment of the employee is terminated before the employee has completed the year of employment for which such annual leave or part was taken; and

27.8.3(b) the sum paid by the employer to the employee as ordinary pay (as defined) for the annual leave or part so taken in advance exceeds the sum which the employer is required to pay to the employee under 27.6,

the employer will not be liable to make any payment to the employee under 27.6 of this clause and will be entitled to deduct the amount of such excess from any remuneration payable to the employee upon the termination of the employment.

27.9 Annual close down

27.9.1 Where an employer intends temporarily to close (or reduce to nucleus) the establishment or a section for the purposes (inter alia) of allowing annual leave to the employees concerned or a majority of them, the employer may give in writing to the employees one month's notice (or, in the case of any employee engaged after giving of such notice, notice on the date of the employee's engagement) of intention to apply the provisions of this sub-clause; and therefore:

27.9.1(a) any of these employee who at the date of closing is entitled to annual leave will be given this annual leave commencing on and from the date of closing and, in addition, will be paid 1/12th of the ordinary pay (as defined) for any period of employment after accrual of the employee's right to the annual leave and up to but excluding the date of closing;

27.9.1(b) any employee who at the date of closing is not entitled to annual leave will be given leave without pay on and from the date of closing and will be paid 1/12th of the ordinary pay (as defined) for the period since the commencement thereof or the accrual of the employee's last annual leave (whichever is the later) and up to but excluding the date of closing, together with pay for any holiday during such leave for which the employee is entitled to payment under this award; and

27.9.1(c) the next twelve monthly qualifying period of employment for every such employee will commence on and from the date of closing.

In this sub-clause date of closing in relation to each employee means the first day of the employee's annual leave in accordance to this sub-clause.

27.10 Additional provisions - seven day shift work employees

27.10.1 In addition to the leave prescribed, seven-day shift work employees, that is shift work employees who are rostered to work regularly on Sundays and holidays or employees who are rostered to work regularly on seven days per week, will be allowed one week's leave including non-working days.

27.10.2 Where an employee with one year's continuous employment is engaged for part of the yearly period, the employee will be entitled to have the period of four weeks' annual leave prescribed increased by 0.5 a day for each month the employee is continuously engaged as above.

27.10.3 In the case of employees engaged for part of any year of employment as, and whose employment is terminated, they will be paid in addition to any other amount due an additional amount equal to 1/49th of their ordinary pay for the period of employment.

27.10.4 This clause will not apply to any employee whose normal working week is less than 35 hours.

28. PARENTAL LEAVE

[28 substituted by PR967536 from 12Jan06]

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and a full-time employee may elect to work part-time in connection with the birth or adoption of a child.

The provisions of this clause apply to full time, part time and eligible casual employees, but do not apply to other casual employees.

An eligible casual employee means a casual employee:

(a) employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and

(b) who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.

For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

An employer must not fail to re-engage a casual employee 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.

28.1 Definitions

28.1.1 For the purpose of this clause child means a child of the employee under school age or a child under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

28.1.2 Subject to 28.1.3, in this clause, spouse includes a de facto or former spouse.

28.1.3 In relation to 28.7, spouse includes a de facto spouse but does not include a former spouse.

28.2 Basic entitlement

28.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

28.2.2 Subject to 28.5.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

28.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

28.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

28.3 Variation of period of parental leave

Where an employee takes leave under 28.2.1 or 28.4.1(b), unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this clause detracts from the basic entitlement in 28.2.1 or 28.4.1(b).

28.4 Right to request

28.4.1 An employee entitled to parental leave pursuant to the provisions of 28.2 may request the employer to allow the employee:

28.4.1(a) to extend the period of simultaneous unpaid parental leave provided for in 28.2.2 up to a maximum of eight weeks;

28.4.1(b) to extend the period of unpaid parental leave provided for in 28.2.1 by a further continuous period of leave not exceeding 12 months;

28.4.1(c) 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.

28.4.2 The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

28.4.3 Employee’s request and the employer’s decision to be in writing

The employee’s request and the employer’s decision made under 28.4.1(b) and 28.4.1(c) must be recorded in writing.

28.4.4 Request to return to work part-time

Where an employee wishes to make a request under 28.4.1(c), 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.

28.5 Maternity leave

28.5.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

28.5.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least 10 weeks;

28.5.2(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least 4 weeks.

28.5.2 When the employee gives notice under 28.5.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

28.5.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

28.5.4 Subject to 28.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

28.5.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

28.5.6 Special maternity leave

28.5.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

28.5.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

28.5.6(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

28.5.7 Where leave is granted under 28.5.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

28.6 Paternity leave

28.6.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

28.6.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and

28.6.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and

28.6.1(c) except in relation to leave taken simultaneously with the child’s mother under 28.2.2 and 28.4.1(a) a statutory declaration stating:

28.6.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;

28.6.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and

28.6.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

28.6.2 The employee will not be in breach of 28.6.1(a) if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

28.7 Adoption leave

28.7.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

28.7.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

28.7.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;

28.7.2(b) particulars of any period of adoption leave sought or taken by the employee's spouse; and

28.7.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

28.7.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

28.7.4 Where the placement of child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.

28.7.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

28.7.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

28.8 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or longer as agreed under 28.4.

28.9 Transfer to a safe job

28.9.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

28.9.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

28.10 Returning to work after a period of parental leave

28.10.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

28.10.2 Subject to 28.10.4, an employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 28.9, the employee will be entitled to return to the position they held immediately before such transfer.

28.10.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

28.10.4 An eligible casual employee who is employed by a labour hire company who performs work for a client of the labour hire company will be entitled to the position which they held immediately before proceeding on parental leave.

28.10.5 Where such a position in no longer available, but there are other positions available that the employee is qualified for and is capable of performing, the employer shall make all reasonable attempts to return the employee to a position comparable in status and pay to that of the employee's former position.

28.11 Replacement employees

28.11.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

28.11.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

28.12 Communication during parental leave

28.12.1 Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

28.12.1(a) 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

28.12.1(b) 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.

28.12.2 The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

28.12.3 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 28.12.1.

29. PERSONAL LEAVE

[29 Personal/Carer's Leave, title changed and substituted by PR967536 from 12Jan06]

The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees in relation to caring responsibilities are set out in paragraph 12.4.4.

29.1 Definitions

In this clause the term immediate family means:

29.1.1 spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

29.1.2 child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

29.2 Amount of paid personal leave

29.2.1 Paid personal leave is available to an employee, other than a casual employee, when they are absent:

• due to personal illness or injury;

• for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support or who requires care due to an unexpected emergency.

29.2.2 The amount of personal leave to which a full-time employee is entitled depends on how long they have worked for the employer and accrues as follows:

29.2.3 After the first six months of service, an employee must be paid for any personal leave to which they were not entitled, due to insufficient service, up to a maximum of 76 hours.

29.3 Accumulation of personal leave

Personal leave may accumulate to a maximum of 760 hours.

29.4 Personal leave for personal injury or sickness

Full-time employees may take up to the full amount of their personal leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

29.5 Personal leave to care for an immediate family or household member

29.5.1 Subject to 29.5.2 and 29.5.3, a full-time employee is entitled to use their personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency.

29.5.2 The entitlement in 29.5.1 is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take leave for this purpose where another person has taken leave to care for the same person.

29.5.3 Except as provided for in 29.5.4, not more than 76 hours of personal leave can be used in a year by an employee for the purposes set out in 29.5.1. Provided that, an employee who normally works eight or more hours per day so as to provide a rostered day(s) off in a work cycle in accordance with 26.1.1 is entitled to use up to 80 hours of their accrued personal leave in a year for the purposes set out in 29.5.1.

29.5.3(a) These limits apply to the employee’s total accrued personal leave which includes any untaken personal leave from the current year’s entitlement and any untaken personal leave which has accumulated from previous years.

29.5.4 By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 29.5.1, beyond the relevant limit set out in 29.5.3. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.

29.6 Employee must give notice

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

29.6.2 When taking leave to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, the notice must include:

the name of the person requiring care and support and their relationship to the employee;

the reasons for taking such leave; and

the estimated length of absence.

29.7 Evidence supporting claim

29.7.1 When taking leave for personal illness or injury, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.

29.7.2 When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee.

29.7.3 When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, 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.

29.8 Unpaid personal leave

Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided the requirements of 29.6 and 29.7 are met.

29.10 Bereavement leave

The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 12.4.4.

29.10.1 Paid leave entitlement

An employee other than a casual is entitled to up to 16 hours personal leave as bereavement leave on any occasion on which a member of the employee’s immediate family or household dies.

29.10.2 Unpaid leave entitlement

Where an employee has exhausted all personal leave entitlements, including accumulated leave entitlements, he or she is entitled to take unpaid bereavement leave. The employer and the employee should agree on the length of the unpaid leave. In the absence of agreement, the employee is entitled to take up to 16 hours unpaid leave. An employee may take unpaid bereavement leave by agreement with the employer.

29.10.3 Evidence supporting claim

The employer may require the employee to provide satisfactory evidence of the death of the member of the employee’s immediate family or household.

30. JURY SERVICE

[30 substituted by PR953806 ppc 30Nov04]

30.1 Jury Service

30.1.1 Employees required to attend for jury service during ordinary working hours will be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time that the employee would have worked had the employee not been on jury service.

30.1.2 An employee will notify the employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee will give the employer proof of such attendance, the duration of such attendance and the amount received in respect of such jury service.

30.2 Jury Service (Victoria Only)

30.2.1 The provisions of this clause apply to weekly and eligible casual employees but do not apply to other casual employees.

30.2.1(a) An eligible casual employee means a casual employee employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months, and that the employee has a reasonable expectation of ongoing employment.

30.2.2 An employee required to attend for jury service during the employee’s ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the employee’s attendance for such jury service and the amount that he or she could reasonably expect to have received from the employer as earnings for that period had he or she not been performing jury service subject to the following conditions:

30.2.2(a) The employee shall advise the employer as soon as practicable that he/she had to attend for jury service, and if required by the employer, produce his/her notice to attend.

30.2.2(b) An employee who has been given more than seven days notice to attend for jury service shall give the employer at least seven days notice and if he/she fails to give such notice, without reasonable excuse, he/she shall forfeit his/her entitlement to payment by the employer.

30.2.2(c) An employee on day shift or day work who is not required for jury service after 1.00 p.m. on any day shall contact the employer by telephone to ask whether the employer requires the employee to report for the balance of the day, and if so required, the employee shall so report.

30.2.2(d) An employee on afternoon shift or night shift who is discharged or excused from jury service upon the day upon which he/she is first called or on any subsequent day on which he/she has been required to take part in court proceedings shall report for work:

30.2.2(d)(i) in the case of an afternoon shift employee, if possible at the employee’s normal starting time or as soon thereafter as possible after being discharged or excused from jury service, and

30.2.2(d)(ii) in the case of a night shift employee, at the employee’s normal starting time.

Provided that an employee on afternoon shift or night shift who is continuing jury service and who has been required to take part in court proceedings for more than half the day shall not be required to report for work until the expiration of his/her jury service and if the jury service has lasted for more than two days until the shift next following the completion of the employee’s jury service.

30.2.2(e) The employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

31. ACCIDENT MAKE-UP PAY

The provisions of this clause will apply to full-time and part-time employees only.

31.1 Entitlement to accident make-up pay

Where an employee becomes entitled to weekly compensation payments under the Accident Compensation Act 1985 (the Act), the employer will pay to the employee an amount equivalent to the difference between;

31.1.1 the level of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated and

31.1.2 the amount that would have been payable under this award for the classification of work if the employee had been performing their normal duties, provided that the rate will exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments.

31.2 Accident make-up pay will not apply;

31.2.1 for any injury during the first five working days of incapacity.

31.2.2 to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks.

31.3 Entitlement to accident make-up pay continues (subject to 31.6) on termination of an employee’s employment where such termination;

31.3.1 is by the employer other than for reasons of the employee’s serious and/or willful misconduct; or

31.3.2 arises from a declaration of liquidation of the employer, in which case the employee’s entitlement in the absence of agreement will be referred to the AIRC.

31.4 Industrial disease contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration will not be subject to the accident make-up pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month.

31.5 Maximum period of payment

The maximum period or aggregate period of accident make-up pay to be made by an employer will be a total of 39 weeks for any one injury.

31.6 Variation in compensation rates

Any changes in compensation rates under the Act will not increase the amount of accident make-up pay above the amount that would have been payable had the rates of compensation remained unchanged.

31.7 Medical examination

In order to receive entitlement to accident make-up pay an employee will conform to the requirements of the Act as to medical examination.

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

31.8 The employers and employees will positively support measures which may be implemented occasionally in the industry covered by this award for the adoption and maintenance of safe working practices and conditions; and that they will co-operate in programs designed to provide for the early and effective rehabilitation of injured employees.

31.9 All rights to accident make-up pay cease on the death of an employee

31.10 Supersession of existing accident pay schemes

This clause will not apply where the employer has already provided for the payment of accident pay to employees on certain terms and conditions under an Accident Pay Scheme unless, the employees elect that the provision of this clause will apply in lieu of the scheme. Any such election will have occurred no later than 18 October 1973

APPENDIX A - SCHEDULE OF RESPONDENTS

The Employer, AC Security 114 Albert Road, South Melbourne 3205
The Employer, Adkins Security Services, 3 Davis Avenue, Camberwell 3124
The Employer, ADT Security Services, 248 Burwood Highway, Hawthorn 3122
The Employer, Advent Security, 6-8 Macquarie Drive, Thomastown 3074
The Employer, Amil Security, 191 Peel Street, North Melbourne 3051
The Employer, Asdic Security, 47 Vaughan Street, Shepparton 3630
The Employer, Associated Monitoring Services, 18 Scoresby Road, Bayswater 3153
The Employer, Australian General Security, 54 Wingrove Street, Alphington 3078
The Employer, Austral Security, 23 Snowgum Road, East Doncaster 3109
The Employer, B&M Security, Lot 11 Demmotts Road, Anakie 3221
The Employer, Black Night Security, PO Box 402, Northcote 3070
The Employer, Burson Security, 20 Marcia Street Coburg 3053
The Employer, CPD Security Services, 45 Hann Street, Pearcedale 3912
The Employer, Combined Protective Group, 25/545 St Kilda Road, Melbourne 3000
The Employer, DW Security, 833 Geelong Road, Ballarat 3350
The Employer, Dass Security, 16 Avalon Avenue, Glen Waverley 3150
The Employer, DRW Security Services, PO Box 280, North Geelong 3215
The Employer, Elite Security, 193 St Helena Road, Greensbornugh 3088
The Employer, GPS Security, PO Box 237, Cockatoo 3781
The Employer, Globe Security, PO Box 305, Traralgon 3844
The Employer, High Rise Security, PO Box 125, Flemington 3031
The Employer, Inge Detective Agency, 432 William Street, Melbourne 3000
The Employer, J&D Security Services, PO Box 314, AItona North 3025
The Employer, MSS, PO Box 274, Port Melbourne 3207
The Employer, Maximum Security, PO Box 64, Tullamarine 3043
The Employer, Metropolitan Watching Company, RMB 5867, Broadford 3658
The Employer, MSS Alarms, PO Box 2320, Richmond South 3121
The Employer, NEED US Pty Ltd, PO Box 1936, Shepparton 3630
The Employer, National Protective Services, PO Box 11T, Balaclava 3183
The Employer, Nexus Manpower Pty Ltd, 637 Waterdale Road, West Heidelberg 3081
The Employer, PMI Security, 5 Bay Street, Port Melbourne 3205
The Employer, Prime Security, 9A Darryl Street, Scoresby 3179
The Employer, Protection Pacific, 25-41 Redwood Drive, Dingley 3172
The Employer, Regal Security, 67 Bracken Grove, Altona 3018
The Employer, Regent Security, PO Box 1005, Carrum Down 3201
The Employer, Robuck Security, Private Bag No 1, Werribee 3030
The Employer, Rockwell T Security, 45B Industrial Drive, Braeside 3195
The Employer, Rontech Security Industries, 8 Eastgate Court, Wantirna 3182
The Employer, RVK Property Services, 12 Brucewater Crescent, Broadford 3658
The Employer, Samurai Security Services, 1 Yenda Court, Hoppers Crossing 3030
The Employer, Secura Holdings, 75 Synnot Street, Werribee 3030
The Employer, Security Group III, 12 North Wharf Road, Melbourne 3000
The Employer, Security Watch Australia, 8 Honeysuckle Court, Mill Park 3082
The Employer, Sigiad Security, 7 Henry Street, Fitzroy 3065
The Employer, Sogomarc Security, 456 St Kilda Road, Melbourne 3004
The Employer, Standby Security Services, PO Box 1589, Geelong 3220
The Employer, State Guard Security, 18 Scroesby Road, Bayswater 3153
The Employer, Stateline Security, 4-41 Hutchinson Street, Sunshine 3020

The Employer, Sterling Security Services, 26 Hardy Street, Lilydale 3140

The Employer, Strike Swiftly Security, 98 Harborne Street, Macleod 3085
The Employer, TNT Group 4, 54 Racecourse Road, North Melbourne 3051
The Employer, Transit Patrols, 151 Boronia Road, Boronia 3155
The Employer, Triangle Security, 35 Fitzroy Street, Laverton 3028
The Employer, Vic Guard Security, PO Box 128, The Basin 3154
The Employer, Western Security Services, PO Box 588, Sunshine 3020
The Employer, Westside Security Services, 143 Cremome Street, Richmond 3121
The Employer, Wimmera Security Services, 1 Felstead Avenue, Horsham 3400
The Employer, Wormald Security, 87-105 Racecourse Road, North Melbourne 3051

ROPING-IN AWARD NO. 1 OF 1995

[Roping-in Award No. 1 of 1995 inserted by S6828 ppc 19Apr95, 30Jun95; corrected by V006a ppc 19Apr95; varied by T5004 ppc 02Aug95; varied by PR928471 ppc 19Apr95]

1 - TITLE

This Award shall be known as the Security Employees (Victoria) (Roping-in No.1) Award 1995.

2 - PARTIES BOUND

The award known as the Security Employees (Victoria) (Roping-in No.1) Award 1995 shall be binding on the Australian Liquor, Hospitality and Miscellaneous Workers Union and the employers listed in Schedule A.

3 - APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Awards 1993 as varied from time to time, shall apply.

4 - OPERATION

This award shall take effect from the first pay period on or after 19 April, 1995 except in respect to Brambles Security (trading as Brambles Armoured), 105 Balling Street, South Geelong, which will take operation on 30 June 1995 and shall remain in force for a period of six months.

SCHEDULE A

SCHEDULE OF RESPONDENTS

SCHEDULE B

LEAVE RESERVED LIST

ROPING-IN AWARD NO. 2 OF 1995

[Roping-in Award No. 2 of 1995 inserted by S7414 ppc 19Apr95; 30Jun95]

1 - TITLE

This award shall be known as the Security Employees (Victoria) (Roping-in No. 2) Award 1995.

2 - PARTIES BOUND

This award known as the Security Employees (Victoria)(Roping-in No. 2) Award 1995 shall be binding on the Australian Liquor, Hospitality and Miscellaneous Workers Union and Pheonix Australia of Bell Post Hill, Dale Security of Churchill and Hellington Pty Limited (T/as Quest Security of South Melbourne).

3 - APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Awards 1993 as varied from time to time, shall apply.

4 - OPERATION

This award shall take effect from the first pay period on or after 19 April 1995 except in respect to Dale Security which will take operation on 30 June 1995 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 1 OF 1996

[Roping-in Award No. 1 of 1996 inserted by M9410 ppc 19Jan96; 01Jul96]

1 - TITLE

This Award shall be known as the Security Employees (Victoria) (Roping - in No. 1) Award 1996.

2 - PARTIES BOUND

The award shall be binding upon:

(a) Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers members: and

(b) The employers listed in Schedule A hereof and the Reserve List of employers listed in Schedule B.

3 - APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Awards 1993 as varied from time to time, shall apply.

4 - OPERATION

This award shall take effect from the first pay period to commence on or after 19 January, 1996 except for South West Security, 19 Princess Street, Warrnambool, VIC 3280 who shall operate from 1 July 1996 and shall remain in force for a period of six months.

SCHEDULE A

ROPING-IN AWARD NO. 2 OF 1996

[Roping-in award No. 2 of 1996 inserted by N1567 ppc 28Mar96]

1 - TITLE

This Award shall be known as the Security Employees (Victoria) (Roping-in No. 2) Award 1996.

2 - PARTIES BOUND

The Award known as the Security Employees (Victoria) (Roping-in No. 2) Award 1995 shall be binding on the Australian Liquor, Hospitality and Miscellaneous Workers Union and the employers listed in Schedule A.

3 - APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Awards 1993 as varied from time to time, shall apply.

4 - OPERATION

This award shall take effect from the first pay period on or after 28 March, 1996 and shall remain in force for a period of six months.

SCHEDULE A

The Employer
Maryborough Security
Lot 13 Taggart Drive
DAISY HILL VIC 3465

The Employer
Richcask Pty Ltd
447 Wilson Street
ALBURY NSW 2640

ROPING-IN AWARD NO. 1 OF 2000

[Roping-in Award No. 1 of 2000 inserted by S4526-S4573-T0171 ppc 29Feb00]

1 - TITLE

This Award shall be known as the Security Employees (Victoria) (Roping-in No. 1) Award 2000.

2 - PARTIES BOUND

This award shall be binding upon the Australian Liquor, Hospitality and Miscellaneous Workers Union and the employers listed in Schedule A.

3 - APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

4 - DATE THE AWARD STARTS

This award shall take effect from the first pay period commencing on or after 29 February 2000 and shall remain in force for a period of six months.

SCHEDULE A
EMPLOYER RESPONDENTS.

[Sched A varied by S4573-T0171 ppc 29Feb00]

ROPING-IN AWARD NO. 2 OF 2000

[Roping-in Award No. 2 of 2000 inserted by T5004 ppc 21Dec00]

1 - TITLE

This Award shall be known as the Security Employees (Victoria) (Roping-in No. 2) Award 2000.

2 - PARTIES BOUND

This Award shall be binding on the Australian Liquor, Hospitality and Miscellaneous Workers Union and the employers listed in Schedule A.

3. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

4 -DATE THE AWARD STARTS

This Award shall operate from the first pay period on or after 21 December 2000 and shall remain in force for a period of six months.

SCHEDULE A

Archer Security Services, PO Box 473 ALTONA NORTH VIC 3025
Berkeley Challenge Pty Ltd, Ground Floor, 200 Arden Street NORTH MELBOURNE VIC 3051
Charter Resources Group Holdings Pty Ltd, Suite 10, Pier 35, Marina Village, 263-329 Lorimer Street PORT MELBOURNE VIC 3207
Complex Investigations, 10 Ceylon Street NUNAWADING VIC 3131
MD Security Services Pty Ltd, 23 Sturt Road MELTON SOUTH VIC 3338
Pioneer Security Services Pty, 10 Gandross Place GEELONG VIC 3220

ROPING-IN AWARD NO. 1 OF 2001

[Roping in Award No. 1 of 2001 inserted by PR904112 ppc 15Jan01]

1 - TITLE

This Award shall be known as the Security Employees (Victoria) (Roping-in No. 1) Award 2001.

2 - PARTIES BOUND

This Award shall be binding on the Australian Liquor, Hospitality and Miscellaneous Workers Union and the employers listed in Schedule A.

3. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

4 - DATE THE AWARD STARTS

This Award shall operate from the first pay period on or after 15 January 2001 with respect to National Loss Prevention Pty Limited and 29 January 2001 with respect to A & M A Hopman Enterprises Pty Limited. This award shall remain in force for a period of six months.

SCHEDULE A
EMPLOYER RESPONDENTS.

ROPING-IN AWARD NO. 2 OF 2001

[Roping in Award No. 2 of 2001 inserted by PR905977 ppc 08Jun01]

1 - TITLE

This Award shall be known as the Security Employees (Victoria) (Roping-in No. 2) Award 2001.

2 - PARTIES BOUND

This Award shall be binding on the Australian Liquor, Hospitality and Miscellaneous Workers Union and the employers listed in Schedule A.

3. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

4 -DATE THE AWARD STARTS

This Award shall operate from the first pay period on or after 8 June 2001 and shall remain in force for a period of six months.

SCHEDULE A

ROPING-IN AWARD NO. 3 OF 2001

[Roping in Award No. 3 of 2001 inserted by PR906554 ppc 01Jul01]

1 - TITLE

This Award shall be known as the Security Employees (Victoria) (Roping-in No. 3) Award 2001.

2 - PARTIES BOUND

This Award shall be binding on the Australian Liquor, Hospitality and Miscellaneous Workers Union and Diamond Protection Services of 27 McLochlan Street, Mount Waverley, Victoria, 3149.

3. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

4 -DATE THE AWARD STARTS

This Award shall operate from the first pay period on or after 1 July 2001 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 4 OF 2001

[Roping in Award No. 4 of 2001 inserted by PR910485 ppc 11Oct01]

1. TITLE

This award shall be known as the Security Employees (Victoria) (Roping-in No.4) Award 2001.

2. PARTIES BOUND

This Award shall be binding on the Australia Liquor, Hospitality and Miscellaneous Workers Union and Loss Prevention Risk Management Pty Limited of 240 Burnley Street, Richmond 3121.

3. APPLICATION

Subject to that which is otherwise provided in this award, the provision of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

4. DATE THE AWARD STARTS

This Award shall operate from the first pay period commencing on or after 11 October 2001 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 1 OF 2002

[Roping-in No. 1 of 2002 inserted by PR922680 ppc 06Sep02]

1. TITLE

This award shall be known as the Security Employees (Victoria) (Roping-in No. 1) Award 2002.

2. PARTIES BOUND

This award shall be binding on:

2.1 The Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and members and

2.2 Skilled Engineering Limited of 850 Whitehorse Road, Box Hill, Victoria in respect of their employees, whether members of the Union or not.

3. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time shall apply.

4. OPERATION

This award shall operate fron the first pay period on or after 6 September 2002 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 2 OF 2002

[Roping-in No. 2 of 2002 inserted by PR922842 ppc 28Aug02]

1. TITLE

This award shall be known as the Security Employees (Victoria) (Roping-in No. 1) Award 2002.

2. PARTIES BOUND

This Award shall be binding on:

2.1 The Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and members; and

2.2 The employers named in Schedule A of this award in respect of their employees, whether members of the Union or not.

3. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

4. OPERATION

This Award shall operate from the first pay period on or after 28 August, 2002 and shall remain in force for a period of six months.

SCHEDULE A

EMPLOYER RESPONDENTS

ROPING-IN AWARD NO. 3 OF 2002

[Roping-in No. 3 of 2002 inserted by PR923900 ppc 21Oct02]

1. TITLE

This Award shall be known as the Security Employees (Victoria)(Roping-in No. 3) Award 2002.

2. ARRANGEMENT

1. Award Title

2. Arrangement

3. Parties Bound

4. Application

5. Date the Award Starts

3. PARTIES BOUND

3.1 This award will be binding upon:

3.1.1 The Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and its members; and

3.1.2 Australian Corporate Guards of 1/41 Boundary Road, North Melbourne, Victoria, with respect to their employees whether members of the union or not.

4. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

5. DATE THE AWARD STARTS

This award shall operate from the first pay period on or after 21 October 2002 and shall remain in force for a period of six months.

B. This order shall come into force from the beginning of the first pay period commencing on or after 21 October 2002 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 4 OF 2002

[Roping-in No. 4 of 2002 inserted by PR932591 ppc 10Sep02, ppc 20Nov02 with respect to Integrated Security Solutions of 278 Sydney Road, Coburg, Victoria.]

1. TITLE

This Award shall be known as the Security Employees (Victoria) (Roping-in No. 4) Award 2002.

2. ARRANGEMENT.

1. Award Title
2. Arrangement
3. Parties Bound
4. Application
5. Date the Award Starts

3. PARTIES BOUND

3.1 This award will be binding upon:

The Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and its members; and

All employers whose names are set out in the Schedule of Respondents for their employees whether members of the union or not.

4. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

5. DATE THE AWARD STARTS

This Award shall operate from the first pay period on or after 10 September 2002 and shall remain in force for a period of six months, save and except that this award shall operate from the first pay period on or after 20 November 2002 with respect to Integrated Security Solutions of 278 Sydney Road, Coburg, Victoria.

SCHEDULE OF RESPONDENTS

Aims Corporation
7 Fleet Street,
LAVERTON NORTH 3026

ASCET (Applied Security Concept Education & Training)
55 Swanston Street
MELBOURNE 3000

ATF Security Hybrid TST(T/A Corporate Image Security Specialist)

265 Huntingdale Road
HUNTINGDALE 3166

Australian Corporate Guards
Level 1, 41 Boundary Road
NORTH MELBOURNE 3051

Australian Guarding Services P/L
Suite 2 & 3, 673 Boronia Road
WANTIRNA 3152

Central West Industry Park
Building 1, Ashley Street
WEST FOOTSCRAY 3012

Corporate Image Security Specialists P/L (T/A Corporate Image Security Specialist)
Level 1, 265 Huntingdale Road
HUNTINGDALE 3166

Groundforce Security Services
PO Box 2170
IVANHOE EAST 3079

Integrated Security Solutions
278 Sydney Road
COBURG 3058

Metropolitan Watching P/L
P 0 Box 942
ELTHAM 3095

National Security Personnel P/L (N.S.P)
Level 2, 20 Queens Street
MELBOURNE 3000

Runnymede Holdings Pty Ltd (T/A Oasis Security)
PO Box 32CP
MILDURA 3500

S.M.I Security Group
223 Sydney Road
COBURG 3058

Strategic Security Alliance Group
Level 3, 14 Queens Road
MELBOURNE 3004

Total Management Protection

PO Box 2344
FOUNTAIN GATE 3805

Webster Australia
Suite 204, 19 Milton Parade
MALVERN 3144

Wilson Group Services (T/A Wilson Security Personnel)
Suite 5, 382 Wellington Road
MULGRAVE 3170

XL Protective Services P/L
PO Box 521
CARLTON SOUTH 3053

ROPING-IN AWARD NO. 1 OF 2003

[Roping-in No. 1 of 2003 inserted by PR933636 ppc 20Jun03]

1. TITLE

This award shall be known as the Security Industry (Victoria) (Roping-in No. 1) Award 2003.

2. ARRANGEMENT

1. Title

2. Arrangement
3. Parties bound
4. Application
5. Operative date

Schedule of respondents

3. PARTIES BOUND

3.1 This award will be binding upon:

3.1.1 the Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and its members; and

3.1.2 all employers whose names are set out in the Schedule of Respondents and their employees whether members of the Australian Liquor, Hospitality and Miscellaneous Workers Union or not.

4. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 [AW796143 Print Q6671] as varied from time to time, shall apply.

5. OPERATIVE DATE

This award shall operate from the first pay period on or after 20 June 2003 and shall remain in force for a period of six months.

SCHEDULE OF RESPONDENTS

The Employer, AMMO Security Services Pty Ltd, 83A Alfred Street, NORTH MELBOURNE 3051

The Employer, Dateline Security Services Pty Ltd, 15 Lyell Avenue, LALOR 3075
The Employer, Yallard Security Pty Ltd, 15 Marraroo Close, BAYSWATER NORTH 3153
The Employer, Yallard Pty Ltd, 1 Clyde Road, BERWICK 3806
The Employer, Security Surveillance and Consulting, 1st Floor, 37 Flemington Road, NORTH MELBOURNE 3051

ROPING-IN AWARD NO. 2 OF 2003

[Roping-in No. 2 of 2003 inserted by PR939667 ppc 15Oct03]

1. TITLE

This award shall be known as the Security Employees (Victoria)(Roping-in No. 2) Award 2003.

2. ARRANGEMENT

1. Award title
2. Arrangement
3. Parties bound
4. Application
5. Operative date

3. PARTIES BOUND

3.1 This award will be binding upon:

The Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and its members; and

All employers whose names are set out in the Schedule of Respondents in respect of their employees whether members of the union or not.

4. APPLICATION

Subject to that which is otherwise provided for in this award, the provisions of the Security Employees (Victoria) Award 1998, as varied from time to time, shall apply.

5. OPERATIVE DATE

This award shall operate from the first pay period on or after 15 October 2003 and shall remain in force for a period of six months.

SCHEDULE OF RESPONDENTS

Citadel Protection Services
18 Tallinn Street
BELL PARK 3215

Television Security Services P/L
5 Manor House Drive
MORNINGTON 3931

ROPING-IN AWARD NO. 4 OF 2003

[Roping-in No. 4 of 2003 inserted by PR940810 ppc 19Nov03]

1. TITLE

This award shall be known as the Security Employees (Victoria) (Roping-in No. 4) Award 2003.

2. ARRANGEMENT

1. Award Title

2. Arrangement

3. Parties Bound

4. Application

5. Operative Date

3. PARTIES BOUND

3.1 This award will be binding upon:

The Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and its members; and

All employers whose names are set out in the Schedule of Respondents for their employees whether members of the union or not.

4 APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

5 OPERATIVE DATE

This Award shall operate from the first pay period on or after 19 November 2003 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 5 OF 2003

[Roping-in No. 5 of 2003 inserted by PR941138 ppc 18Nov03]

1. TITLE

This award shall be known as the Security Employees (Victoria) (Roping-in No. 5) Award 2003.

2 ARRANGEMENT.

1. Award Title

2. Arrangement

3. Parties Bound

4. Application

5. Operative Date

3 PARTIES BOUND

This award will be binding upon:

3.1 The Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and its members; and

3.2 All employers whose names are set out in the Schedule of Respondents for their employees whether members of the union or not.

4 APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

5 OPERATIVE DATE

This Award shall operate from the first pay period on or after 18 November 2003 and shall remain in force for a period of six months.
B. This award shall come into force from the beginning of the first full pay period commencing on or after 18 November 2003 and shall remain in force for six months.

SCHEDULE OF RESPONDENTS

ROPING-IN AWARD NO. 6 OF 2003

[Roping-in No. 6 of 2003 inserted by PR941930 ppc 12Dec03]

1. TITLE

This Award shall be known as the Security Employees (Victoria) (Roping-in No. 6) Award 2003.

2. ARRANGEMENT

This award is arranged as follows:

1. Award Title

2. Arrangement

3. Parties Bound

4. Application

5. Operative Date

3. PARTIES BOUND

3.1 This award will be binding upon:

The Australian Liquor, Hospitality and Miscellaneous Workers Union, its officers and its members; and

Community Security Monitoring Pty Ltd (t/a Hume Protection Group) for their employees whether members of the union or not.

4. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

5. OPERATIVE DATE

This Award shall operate from the first pay period on or after 12 December 2003 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 1 OF 2004

[Roping-in Award No. 1 of 2004 inserted by PR944466 ppc 11Mar04]

1. TITLE

This award shall be known as the Security Employees (Victoria) (Roping-in No.1) Award 2004.

2. ARRANGEMENT

1. Award Title
2. Arrangement
3. Parties Bound
4. Application
5. Operative Date

3. PARTIES BOUND

3.1 This award will be binding upon the Australian Liquor, Hospitality and Miscellaneous Workers Union (the Union), its officers and members and the employers whose names are set out in the Schedule of Respondents hereto in respect of their employees whether members of the Union or not.

4. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Security Employees (Victoria) Award 1998 as varied from time to time, shall apply.

5. OPERATIVE DATE

This award shall come into force from the beginning of the first full pay period commencing on or after 11 March 2004 and shall remain in force for six months.

SCHEDULE OF RESPONDENTS

Action Line Security Consultants (Vic) Pty Ltd 35 Conch Road OAKLEIGH VIC 3166
Ascet People Pty Ltd 455 Swanston Street MELBOURNE VIC 3000
Australian Corporate Conciliation Services Pty LtdSuite 2, 855 Ferntree Gully Road
WHEELERS HILL VIC 3150

Black and White Security Group Pty Ltd P0 Box 3010 Neerim Road
MURRUMBEENA VIC 3163
Black Night Protection Services Pty Ltd 16 Salicki Avenue EPPING VIC 3076
Business Risk International (Victoria) Pty Ltd 4,210 Lonsdale Street
MELBOURNE VIC 3001

Cornerstone Protective Services Pty Ltd Level 2, 120 Jolimont Road JOLIMONT VIC 3002

Deka Property Services Pty Ltd 4 Hilary Street SCORESBY VIC 3179

Fagan Consulting Pty Ltd PO Box 1023 MOONEE PONDS VIC 3039

Instant Guard Security Pty Ltd Suite 7, Level 3,499 St Kilda Road
SOUTH YARRA VIC 3141
Integrated Corporate Services Pty Ltd 59 Laura Road KNOXFIELD VIC 3180
Integrated Labour Hire PO Box 249 COBURG VIC 3058
International Security Trained Agents Pty Ltd Shop 21, Concourse Level, World Trade Centre
MELBOURNE VIC 3005

Just Security Services Australia Pty Ltd 3 Joyous Gard Court MURRUMBEENA VIC 3163

Lad’s-Finn & Kori Do Associates Pty Ltd 264 James Cook Drive
ENDEAVOUR HILLS VIC 3802

Melbourne Security Services Pty Ltd 1 Pilbara Court ST ALBANS VIC 3021
Metropolitan Corporate Security Group Pty Ltd PO Box 322
BRUNSWICK VIC 3056

National Personnel Pty Ltd 170 Montague Street SOUTH MELBOURNE VIC 3205

Papas Pty Ltd 48 Rutherglen Way TAYLORS LAKE VIC 3038
Peninsula Hotel Security Pty Ltd 2, 18-28 Skye Road FRANKSTON VIC 3199
Professional Security Personnel Pty Ltd 1st Floor, 368 Johnston Street
ABBOTSFORD VIC 3067

RACV Road Service Pty Ltd Level 3,550 Princess Highway NOBLE PARK 3174
Retail Support Services Pty Ltd PO Box 1566 DONCASTER EAST 3108

Security Network Australia Pty Ltd PO Box 323 WERRIBEE VIC 3030
Stafford Services Pty Ltd PO Box 484 ROSANNA VIC 3084
Statewide Guard Services Pty Ltd PO Box 74 WILLIAMSTOWN VIC 3016
Statewide Security (Aust) Pty Ltd 1170 Toorak Road SOUTH YARRA VIC 3141

Tcb Always Victoria Patrol & Guards Pty Ltd PO Box 3034 FRANKSTON VIC 3199

Watch 24 Pty Ltd 46 Carrington Road CASTLE HILL NSW 2154
Wb Marine Services Pty Ltd 50 Tennyson Street WILLIAMSTOWN VIC 3016

APPENDIX B - CROWD CONTROL EMPLOYEES

[Appx B deleted by S7414 ppc 01Jul00]

APPENDIX B - 12 HOUR SHIFTS

[Appx C renumbered as Appx B by S7414; varied by PR905970 ppc 28Jun01]

1 (a) Pursuant to clause 21.3 of this Award employees of Chubb Security Australia Pty Ltd engaged at the following work locations:

- Tullamarine Airport Melbourne.

- Safeway at Bayswater and Somerton

- Telstra at Boronia

- Reserve Bank Melbourne

- United Telecommunications South Melbourne

- Coca-Cola Amatil at Moorabbin

- Kodak at Coburg

- Department of Defence at Maribyrnong, Port Melbourne and St Kilda Road

1 (b) Pursuant to clause 21.3 of this Award employees of Group Four Securitas engaged at the following work location:

National Australia Bank, 500 Bourke Street, Melbourne.

1 (c) Employees at these locations may work up to 12 ordinary hours on any day subject to agreement being reached with a valid majority of employees at any site. The Union will be provided with a copy of such agreement where the employer reasonably knows members of the Union are affected.

2. Sick leave

Rosters may vary from site to site with varying hours worked on different days of the week. Therefore in order that neither party is disadvantaged an employee's sick leave credits shall be reduced by the number of hours such employee was rostered to work during the period of leave granted.

3. Public holidays

[Appx C:3 varied by S2592 ppc 20Jan2000; renumbered as Appx B:3 by S7414 ppc 01Jul00]

Employees whose rostered day or days off coincide with a public holiday shall be paid in accordance with clause 27.10.1 of this award.

4. Hours of work

The ordinary hours of work shall be an average of 38 hours per week to be worked over an agreed roster cycle.
5. Leave reserved

Leave is reserved to the Australian Liquor, Hospitality and Miscellaneous Workers Union and Chubb Security Australia Pty Ltd to review the operation of this Appendix no earlier than 12 months form the date of its commencement.
DECLARATION - VICTORIA

[Award Declared Common Rule by PR950681 from 01Jan05]

Further to the decision issued by the Commission on 17 August 2004 [PR950653] and pursuant to ss.141 and 493A of the Workplace Relations Act 1996 the Commission makes the following declaration for a common rule award:

1. In this Declaration:

“the award” means the Security Employees (Victoria) Award 1998 as varied from time to time;

“employees” means employees in the industry who perform work of a kind that is covered by the award;

“employers” means employers who employ employees;

“the industry” means the industry of provision of security services and includes the occupations of security guard, mobile patrol employee, crowd controller, control room operator, employed in or in connection with security alarm systems, and airport security personnel employed in or in connection with passenger and/or baggage security.

2. That save for and subject to the matters referred to in clauses 4 to 10 below, the whole of the terms of the award except those specified in clause 3 below, shall be:

2.1 a common rule for the industry in Victoria and known as the Security Employees Victorian Common Rule Award 2005;

2.2 binding on all employers in respect of the employment by them of employees;

2.3 binding on all employees; and

2.4 binding on the Liquor Hospitality and Miscellaneous Union and the registered organisations respondent to the Award.

3. The following clauses of the award are not included in the Security Employees Victorian Common Rule Award 2005:

3.1 clause 5 – Date the award starts;

3.2 clause 6 – Where and who the award covers;

3.2 clause 7.1.2 of clause 7 - Who is bound by this award;

3.3 clause 8.2 of Relationship with other awards.

4. Subject to 4.1 to 4.5 below, all provisions in the Security Employees Victorian Common Rule Award 2005 are to operate from 1 January 2005:

4.1 With respect to annual leave, only periods of annual leave commencing on or after 31 January 2005 attract leave loading.

4.2 With respect to redundancy payments for employees of employers who have less than 15 employees, only service on or after 1 January 2005 is to be taken into account for the purpose of calculating ‘service’.

4.3 With respect to redundancy payments for employees of employers who have 15 employees or more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating ‘service’. [Note: the agreement in respect of this issue is without prejudice to the position a party may put in roping-in proceedings.]

4.4 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August 2004.

4.5 The wages clauses (including all allowances and penalty payments) are to commence operation from the first pay period on or after Monday 3 January 2005 provided that in all cases the wages clauses commence operation no later than 5 January 2005.

5. The Security Employees Victorian Common Rule Award 2005 shall not apply to employers respondent by any means to any other award of the Commission in respect of the employment by them of employees covered by that award.

6. This declaration shall not apply to a person with a disability who is eligible for a Disability Support Pension and who is employed by a supported employment service that receives funding under the Disability Services Act 1986 (Cth) to provide support for that person. [See Note 1 below.]

7. An employer who is making superannuation contributions into a complying superannuation fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an employee covered by this declaration prior to the date of effect of this declaration is exempt from any provision in the award which specifies the fund or funds into which superannuation contributions are to be paid. [See Note 2 below.]

8. In the event of a dispute about the entitlement of an employer to set-off entitlements and benefits required to be provided under a contract of employment made prior to the date of this declaration against entitlements and benefits required to be provided under the Security Employees Victorian Common Rule Award 2005, the matter may be referred to a Board of Reference consisting of a Member of the Commission which shall determine whether or not such a set-off should be permitted having regard to what is fair and equitable in all the circumstances of the case, without regard to technicalities and legal forms.

An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.

This clause shall apply for a period of twelve months from the commencement date of the Security Employees Victorian Common Rule Award 2005.

Any registered organisation bound by the terms of the Security Employees Victorian Common Rule Award 2005 shall be notified of the time and date of hearing in relation to any application made pursuant to this provision.

9. Nothing in this declaration reduces or in any way detracts from any accrued rights to any forms of leave including sick leave, annual leave, long service leave or parental leave to which employees or any of them have become entitled by accrual or otherwise prior to the commencement date in clause 10 below.

10. This declaration shall be an award of the Commission, shall come into force on 1 January 2005 and shall remain in force for a period of 3 months and thereafter in accordance with the Act. [See Note 3 below.]

Note 1

1. Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

2. The intention of this provision is limited to preventing the award from applying to sheltered workshops (i.e. supported employment services) - it does not prevent the award from applying to employees with disabilities in open employment.

3. Leave is reserved for any party to have this issue reconsidered in the light of any developments in the national process which is currently considering workplace relations issues for sheltered workshops. This national process includes the Disability Sector National Industry Consultative Council and any related applications that seek award coverage for sheltered workshops.

Note 2

1. The purpose of the exception above is to maintain the status quo in respect of employers who, as at the date of effect of the common rule declaration, are making superannuation contributions into a complying superannuation fund. These employers will not be required to change their existing arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an agreement between the employer and employees. For the avoidance of doubt, the exception continues to apply to employers who are making superannuation contributions to complying superannuation funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which benefits are transferred, after the date of effect of the common rule declaration, in accordance with the Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further, “existing arrangements” includes the making of contributions to such funds.

2. The exception is in respect of current and future employees of the employers who are entitled to the benefit of the exemption.

3. The exception does not apply to new businesses which are established after the date on which the award is declared to have effect as a common rule.

4. The exception only applies to employers who are required to apply the terms of the award by virtue of the Common Rule declaration. It does not apply to employers who are named respondents to the award or who are parties bound by virtue of the membership of an employer organisation.

5. The exception applies subject to any Commonwealth legislation to the contrary.

Note 3

Subject to s.113 of the Workplace Relations Act 1996 and any order of the Commission, an award dealing with particular matters continues in force until a new award is made dealing with the same matters (see s.148 of the Workplace Relations Act 1996).

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