AN120130 – Clerical and Administrative Employees in Temporary Employment Services (State) Award

This Fair Work Australia consolidated award reproduces the former State award Clerical and Administrative Employees in Temporary Employment Services (State) Award as at 27 March 2006.

About this Award:
Formerly award 155, Serial B9404, of the Industrial Relations Commission of New South Wales.

This award incorporates Serial C4783 (operative on and from 19 December 2005) and C4932 dated 24 March 2006 (operative from 24 March 2006).

Printed by authority of the Commonwealth Government Printer.

Disclaimer:
Please note that this consolidated former State award 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.

AN120130 [Notional FWA Consolidation]

(155) SERIAL B9404

CLERICAL AND ADMINISTRATIVE EMPLOYEES IN TEMPORARY EMPLOYMENT SERVICES (STATE) AWARD

AWARD

PART A
1. ARRANGEMENT

2. DEFINITIONS

(i) An "employer" means a person, firm or company, carrying on business as a supplier of clerical staff and/or as an employment agency which provides for its customers from time to time the temporary services of clerical personnel and which employs such personnel on a temporary basis as and when the need arises to meet the individual requirements of such customers.

(ii) A "temporary employee" means any person employed on a temporary basis by an employer in any clerical capacity whatsoever.

(iii) A "weekly temporary employee" means an employee employed to work 38 hours per week for an assignment equal to or exceeding a period of 12 months.

(iv) A "part-time temporary employee" means an employee employed to work more than 12 hours per week but less than 38 hours per week for an assignment equal to or exceeding a period of 12 months.

(v) An "hourly temporary employee" means an employee employed for assignments of less than 12 months duration.

(vi) "Establishment" means the place in which the employee actually performs work, and is not necessarily the employer's principal or other place of business.

3. ANTI-DISCRIMINATION

(i) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

(ii) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

(iii) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(iv) Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti-discrimination legislation;

(b) offering or providing junior rates of pay to persons under 21 years of age;

(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

(v) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

4. LABOUR FLEXIBILITY

(i) For the purpose of increasing productivity and flexibility, as well as enhancing career opportunities for employees, multi-skilling may extend by agreement between an employer and an employee to allow the employee to perform any work in an enterprise within the scope of their skills and competence.

(ii) Discussion shall take place at the enterprise with a view to reaching agreement for employees to perform a wider range of tasks, removal of demarcation barriers and participation of employees in additional training.

(iii) Notwithstanding the provision of (ii) above, employees shall perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.

(iv) Employees shall perform such work as is reasonable and lawfully required of them by the employer including accepting instruction from authorised personnel.

(v) Employees shall comply with all reasonable requests to transfer or to perform any work provided for by the award.

(vi) Employees shall take all reasonable steps to ensure the quality, accuracy and completion of any job or task assigned to the employee.

(vii) Employees shall not impose or continue to enforce existing demarcation barriers between the work covered by the Clerical and Administrative Employees (State) Award provided that it is agreed that the work lies within the scope of the skill and competence of the employee concerned.

(viii) Employees shall not unreasonably impose any limitation or continue to enforce any limitations on supervisors or technical personnel demonstrating the use of new equipment or machinery: Provided that the appropriate consultation in relation to the introduction of new technology has taken place.

(ix) Employees shall not impose any restrictions or limitations on the measurement and/or review of work methods or standard work times: Provided that appropriate consultation between employer and employees has taken place.

5. TERMS OF ENGAGEMENT

(i) All temporary employees shall be employed as weekly temporary employees, part-time temporary employees or hourly temporary employees.

(ii) An employer shall inform each employee as to the terms of the engagement on any particular assignment and the rate of pay applicable for such assignment at the point of engagement.

(iii) Secure Employment -

(a) Definitions

For the purposes of this clause:

(i) A reference to a casual employee is to be read as a reference to a person employed as an hourly temporary employee under this award.

(ii) A reference to casual employment is to be read as a reference to employment as an hourly temporary employee under this award.

(iii) A reference to a full-time employee is to be read as a reference to a person employed on a permanent basis to work 38 hours per week with all the rights and benefits of a weekly temporary employee under this award.

(iv) A reference to permanent full-time employment or full-time employment is to be read as a reference to employment on permanent basis for 38 hours per week with all the rights and benefits of a weekly temporary employee under this award.

(v) A reference to a part-time employee is to be read as a reference to a person employed on a permanent basis to work more than 12 but less than 38 hours per week with all the rights and benefits of a part-time temporary employee under this award.

(vi) A reference to permanent part-time employment or part-time employment is to be read as a reference to employment on a permanent basis for more than 12 but less than 38 hours per week with all the rights and benefits of a part-time temporary employee under this award.

(b) Objective of this clause

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

(c) Casual conversion

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

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

(iii) Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

(iv) Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

(v) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

(vi) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:

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

(2) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

(vii) Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

(viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

6. HOURS

(i) All Temporary Employees —

(a) The ordinary hours of work, exclusive of meal hours, shall not exceed 38 hours per week, and except as provided in clause 7, Shift Work, shall be worked between the hours of 6.00 a.m. and 6.00 p.m., Monday to Friday, inclusive, and between the hours of 6.00 a.m. and 12 noon on a Saturday.

(b) A five day week shall apply in any case in which the ordinary week’s work of 38 hours can be performed in five days aforesaid without:

(1) detriment to the public interest;

(2) loss of the value of goods handled or to be handled;

(3) reducing the efficiency of production; or

(4) reducing the efficiency of the necessary services;

and provided the majority of employees of the establishment in which the employee is working desire to work their ordinary hours in five days as aforesaid.

Any dispute as to whether the ordinary hours of work can in any case be worked in five days without detriment, loss or reduction as aforesaid shall be determined by the Industrial Relations Commission of New South Wales of the Clerks (State) Industrial Committee upon application made by or on behalf of the employees. Upon such an application proof that the working of a five day week will result in such detriment, loss or reduction as aforesaid shall be upon the employer.

(c) Where a five day week is worked the ordinary hours of work shall not exceed eight hours per day, Monday to Friday, inclusive, between the hours of 6.00 a.m. and 6.00 p.m.

(d) Where a five-and-a-half day week is worked, the ordinary hours of work shall not exceed seven hours 12 minutes per day, Monday to Friday inclusive, and four hours on Saturday.

(e) The starting time, when once fixed, shall not be altered without seven days’ notice being given by the employer to the employees. However, in an emergency, an employer and an employee may agree to change such employee’s commencing and starting times with less than seven day’s notice; provided that the employee shall be entitled to have the union delegate present when such matters are discussed.

7. SHIFT WORK

(i) Definitions of Shifts — In this clause —

(a) A "Shift Worker" means an employee whose ordinary hours of work are in accordance with the shifts defined in paragraphs (b), (c), (d) and (e) of this subclause.

(b) "Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before 11.00 p.m., provided that where the majority of employees at the establishment finish afternoon shift at a later time (up to 12 midnight), temporary employees may be required to work the same hours.

(c) "Night Shift" means any shift starting at or after 11.00 p.m. and at or before 5.00 a.m. or finishing subsequent to 11.00 p.m. and at or before 6.00 a.m.

(d) "Permanent Night Shift" means a night shift which does not rotate with another shift or shifts, or day work, and which continues for a period of not less than four consecutive weeks.

(e) "Early Morning Shift" applies to an employee whose ordinary hours on shift commence between 5.00 a.m. and 6.00 a.m., except where such a shift is part of a shift system and preceding an afternoon shift finishing at 11.00 p.m.

(ii) Hours, Shift Allowances, Special Rates, Meal Interval —

(a) Notwithstanding any other provisions of this award and subject to the provisions of subclause (i) of this clause, an employee may be employed upon shifts, in which case the ordinary hours shall not exceed eight in any consecutive 24-hour or 38 hours per week or 76 in 14 consecutive days.

(b) Times of beginning and ending the shift of any employee may in any case be varied by agreement between the employer and the employee or, in the absence of agreement may be varied by at least one week's notice given by the employer to the employee.

(c) A shift worker employed on shift shall, for work done during the ordinary hours of any such shift, be paid ordinary rates prescribed by clause 9, Classification Structure and Wages, plus the following additional percentage of the graded rate of pay applicable as prescribed by subclause (iii) of the said clause 9:

Afternoon Shift — at the rate of 17 per cent.
Night Shift — at the rate of 20 per cent.
Permanent Night Shift — at the rate of 26 per cent.
Early Morning Shift — at the rate of 10 per cent.

Allowances in accordance with this clause shall be calculated in multiples of 10 cents, amounts of less than five cents being taken to the lower multiple and amounts of five cents or more being taken to the higher multiple.

(d) A shift worker whose rostered day off coincides with a public holiday shall be paid a day's pay additional to his/her weekly wage, or have a day added to his/her annual leave.

(e) A shift worker whose ordinary working period includes a Saturday, Sunday or holiday as an ordinary working day shall be paid:

Saturday — time and one-half;
Sunday — time and three-quarters;
Holiday — double time and one-half.

(f) Where ordinary shift hours commenced between 11.00 p.m. and midnight on a Sunday or holiday, the ordinary time worked before midnight shall not entitle the shift worker to the Sunday or holiday rate; provided that the ordinary time worked by a shift worker on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as ordinary time worked on such Sunday or holiday.

(g) At least 20 minutes shall be allowed to a shift worker for a meal during each shift before the expiration of five hours. Such meal break shall be counted as time worked.

(iii) (a) All time worked by a shift worker in excess of the hours provided in paragraph (a) of subclause (ii) of this clause shall be paid for at the rate of time and one-half for the first two hours and double time thereafter. In computing overtime, each day shall stand alone.

(b) A shift worker required to work overtime in excess of one hour on any shift shall be paid meal money as set in Item 1 of Table 2 — Other Rates and Allowances ,of Part B, Monetary Rates. If overtime exceeds five hours on any shift a further meal allowance as set out in Item 2 of the said Table 2 shall be paid.

(iv) Work on a Rostered Day Off —

(a) An employee required to work on a rostered day off shall be paid the rate prescribed in subclause (iii) of this clause, except for time worked on Sundays, which shall be paid for at the rate of double time, and time worked on public holidays, which shall be paid for at the rate of double time and one-half.

(b) Where work is performed as prescribed in paragraph (a) of this subclause on a Sunday or a holiday, such employee shall be paid a minimum of four hours at the appropriate rate.

(v) Special Rates not Cumulative — The penalties prescribed by this clause are in substitution for, and not cumulative upon, the shift allowances prescribed in subclause (iii) of this clause.

(vi) Hourly Temporary Employees — Hourly temporary employees who are shift workers shall receive an hourly shift allowance at the rate of 1/38 of the allowance prescribed in paragraph (c) of subclause (ii) of this clause.

(vii) Transport for Employees — Satisfactory arrangements shall be made for transport for employees finishing on the afternoon shift or beginning the night shift, taking into account the requirements of the particular location and having regard to any special circumstances.

8. MEAL BREAK

Employees who work for a period exceeding five hours on any one day shall be allowed a meal break of not less than 30 minutes nor more than one hour, provided always that no employee shall be required to work more than five hours without a meal break, and provided further that employees whose ordinary hours fall between 6.00 a.m. and 6.00 p.m. may take such a meal break between the hours of 11.00 a.m. and 2.30 p.m.

9. CLASSIFICATION STRUCTURE AND WAGES

(i) Grades — All employees shall be graded in one of the following grades and informed accordingly in writing within 14 days of appointment to the position held by the employee and subsequent graded positions.

(ii) An employee shall be graded in the grade where the principal function of his/her employment, as determined by the employer, is of a clerical nature and is described in paragraphs (a) to (d) of this subclause.

(a) A Grade 1 position is described as follows:

(1) The employee may work under direct supervision with regular checking of progress.

(2) An employee at this grade applies knowledge and skills to a limited range of tasks. The choice of actions required is clear.

(3) Usually work will be performed within established routines, methods and procedures that are predictable, and which may require the exercise of limited discretion.

Indicative tasks of a Grade 1 position are:

(b) A Grade 2 position is described as follows:

(1) The employee may work under routine supervision with intermittent checking.

(2) An employee at this grade applies knowledge and skills to a range of tasks. The choice of actions required is usually clear, with limited complexity in the choice.

(3) Work will be performed within established routines, methods and procedures, which involve the exercise of some discretion and minor decision making.

Indicative tasks of a Grade 2 position are:

(c) A Grade 3 position is described as follows:

(1) The employee may work under limited supervision with checking related to overall progress.

(2) An employee at this grade may be responsible for the work of others and may be required to co-ordinate such work.

(3) An employee at this grade applies knowledge with depth in some areas and a broad range of skills. Usually work will be performed within routines, methods and procedures where some discretion and judgement is required.

Indicative tasks of a Grade 3 position are:

(d) A Grade 4 position is described as follows:

(1) The employee may be required to work without supervision, with general guidance on progress and outcomes sought. Responsibility for the organisation of the work of others may be involved.

(2) An employee at this grade applies knowledge with depth in some areas and a broad range of skills. There is a wide range of tasks, and the range and choice of actions required will usually be complex.

(3) An employee at this grade applies competencies usually applied within routines, methods and procedures where discretion and judgement is required, for both self and others.

Indicative tasks of a Grade 4 position are:

(iii) Adults — The minimum rates of pay for male and female adults shall be as set out in (i) of Table 1 — Rates of Pay, of Part B, Monetary Rates.

(iv) Juniors — The minimum rates of pay for junior employees shall be as set out in (ii) and (iii) of the said Table 1.

(v) The rates of pay set out in subclauses (iii) and (iv) of this clause are calculated as follows:

(a) Hourly temporary employees shall be paid at an hourly rate equal to the appropriate weekly rate as set out in subclauses (iii) or (iv) of this clause, together with 15 per cent of such rate, together with 1/12th of the total, divided by 38 and rounded off to the nearest five cents with a minimum payment of four hours' work at the appropriate rate.

(b) Part-time temporary employees shall be paid an hourly rate equal to the appropriate weekly rate as set out in subclauses (iii) or (iv) of this clause, divided by 38 and rounded off to the nearest five cents.

(c) In computing the number of ordinary hours worked by part-time temporary employees and hourly temporary employees in each separate pay period, any portion of an hour less than 30 minutes shall be reckoned as 30 minutes and any portion in excess of 30 minutes shall be reckoned as one hour and shall be paid for as such in accordance with paragraph (a) of this subclause, in respect of hourly temporary employees and in accordance with paragraph (b) of this subclause, in respect of part-time temporary employees.

(vi) Saving Clause — No employee is to receive less pay as result of regrading under this award. In the event that such regrading results in a lower grading, the present salary is to be maintained until overtaken by award increases.

(vii) Records of employees graded — An employer shall keep a list of employees and the grade in which they are employed pursuant to subclause (i) of this clause, and each employee shall be notified in writing within 14 days of appointment to that and subsequent graded positions.

10. ARBITRATED SAFETY NET ADJUSTMENT

The rates of pay in this award include the adjustments payable under the State Wage Case 2005. These adjustments may be offset against:

(i) any equivalent over award payments; and/or

(ii) award wage increase since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

11. PAYMENT OF WAGES

(i) Wages of all employees shall be paid weekly on a day other than Friday or according to the practice of the employer existing immediately prior to 6 July 2000. The payment shall be made no later than the third working day after the end of the week for which payment is made.

(ii) Pay Slips — Upon the payment of wages, the employer shall provide all written information in accordance with Part 3, Division 1 Pay slips of the Industrial Relations (General) Regulations 1996. Such information shall include the number of hours paid for, rate of pay per hour and the classification under which the employee is being paid.

(iii) Overtime shall be paid within a week from the pay day succeeding the day or days on which such overtime becomes due.

(iv) Upon termination of the employment, wages due to an employee shall be paid to him/her on the day of such termination, or forwarded to him/her by post on the next working day; provided that an employee may elect to return to collect any moneys outstanding to him/her on the next working day.

(v) Where an employee is required to wait beyond his/her ordinary ceasing time for payment of weekly wages or termination payment and such waiting time exceeds 15 minutes, he/she shall be paid at ordinary rates for the full period during which he/she is required to wait, except where such waiting time is occasioned by reasons beyond the control of the employer.

12. OVERTIME AND MEAL ALLOWANCE

(i) All time worked —

(a) outside the ordinary hours of work prescribed by clause 6, Hours; and/or

(b) in excess of eight hours on any day; and/or

(c) in excess of 38 hours in any week,

shall be overtime and shall be paid for at the rate of time and one-half for the first two hours and double time thereafter: Provided that overtime at the rate of double time shall be paid for all time worked after 12 noon on a Saturday: Provided further that in computing overtime each day's work shall stand alone.

(ii) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days. An employee other than an hourly temporary employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty, without loss of pay, for ordinary working time occurring during such absence. If on the instructions of the employer such an employee resumes or continues work without having had such ten consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and he/she then shall be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(iii) An employee working overtime shall be paid a meal allowance in any of the following circumstances:

(a) When required to work beyond 6.00 p.m. — as set in Item 3 of Table 2 — Other Rates and Allowances of Part B, Monetary Rates.

(b) If overtime continues beyond 10.00 p.m — as set in Item 4 of the said Table 2.

(c) Where the union agrees, an employer may supply his/her employees with a suitable meal, in which case the allowance set out in paragraphs (a) and (b) of this subclause shall not be payable.

(d) Meal allowances shall be paid not later than the next succeeding working day, except by mutual arrangement.

(iv) This clause shall apply to all employees.

(v) In computing overtime, any portion of an hour of less than 30 minutes shall be reckoned as 30 minutes and any portion in excess of 30 minutes shall be reckoned as one hour.

13. SUNDAYS AND HOLIDAYS

(i) Hourly Temporary Employees —

(a) For work done on any of the holidays referred to in subclause (ii) (a) of this clause, double time and one-half shall be paid with a minimum payment for four hours’ work.

(b) For work done on a Sunday, double time with a minimum payment for four hours’ work shall be paid.

(ii) Weekly and Part-Time Temporary Employees —

(a) New Year's Day, Australia Day, Good Friday, Easter Sunday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day and/or any other day gazetted as a public holiday for the State, shall be holidays for the purposes of this award.

(b) In addition to the holidays specified in subclause (a) of this clause, an employee shall be entitled to one additional day as a holiday in each calendar year. Such additional holiday shall be observed on the day when the majority of employees in an establishment observe a day as an additional holiday or on another day mutually agreed between the employer and employee. The additional holiday is not cumulative and must be taken within each calendar year.

(c) Should a dispute arise concerning the day on which an additional holiday is to be taken by an employee, the dispute resolution procedures contained in clause 33, Grievance and Dispute Resolution Procedure shall be followed.

(d) No deductions shall be made from the wages of employees for the week in which any of the holidays referred to in subclauses (a) and (b) of this clause fall, provided that where the employee is absent from their employment on the working day before or the working day after such public holiday, without reasonable excuse or without the consent of the employer, the employee shall not be paid for such holiday.

(e) For work done on any of the holidays referred to in subclauses (a) and (b) of this clause, double time and one-half shall be paid, with a minimum payment for four hours' work.

(f) For work done on Sunday double ordinary time with a minimum payment for four hours' work shall be paid.

14. ANNUAL LEAVE

(i) Hourly Temporary Employees — The rates of pay for hourly temporary employees set out in Table 1 — Rates of Pay, of Part B, Monetary Rates, includes an amount to compensate for annual leave.

This amount is calculated on the basis of one-twelfth of the rate of pay set out in paragraph (a) of subclauses (iii) and (iv) of clause 9, Classification Structure and Wages, and is payable in accordance with clause 11, Payment of Wages.

(ii) Weekly and Part-time Temporary Employees —

(a) Weekly and part-time temporary employees shall be paid an additional 9 percent of their weekly gross ordinary pay. This amount shall be in lieu of payment for annual leave.

(b) Weekly and part-time temporary employees with service of 12 months or more shall be entitled to take four week’s annual leave. Provided that such employee's entitlement to pay for any leave shall have been satisfied in advance by the employer making the additional payment set out in paragraph (a) of this subclause.

(iii) Weekly and Part-time Temporary Employees (Seven-day Shift Workers Only) —

(a) In addition to the provisions of subclause (ii) of this clause, after each year of continuous service, seven day shift workers, that is, shift workers who are rostered to work regularly on Sundays and holidays shall be allowed one week’s additional leave; provided that if during the year of employment an employee has served for only a portion of it as a seven-day shift worker the additional leave shall be one day for every 36 ordinary shifts worked as a seven-day shift worker. In this subclause, reference to one week and one day shall include holidays and non-working days.

(b) The one week’s leave referred to in paragraph (a) shall be paid at the employee’s ordinary time rate of pay plus a loading.

(c) The loading payable to an employee shall be whichever is the greater amount of:

(1) 17½ per cent of the appropriate ordinary time rate of pay prescribed by this award for the classification in which the employee was employed immediately prior to commencing leave together with, where applicable, the additional loadings and the additional sums prescribed by subclause (iii) of clause 9, Classification Structure and Wages, but shall not include an amount prescribed for Saturday loadings or any other allowances, overtime or any other payments prescribed by this award; or

(2) any shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have received during the period of the leave.

(d) Where the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of the termination the employee was entitled to the one week’s leave the employee shall be paid the loading referred to in paragraph (c) of this subclause.

(iv) Continuity of Service — Notwithstanding the other provisions of this clause, continuity of service shall not be deemed to have been broken by any absence less than four ordinary working days between assignments in the case of weekly temporary, part-time temporary or hourly temporary employees.

(v) Savings — Any existing entitlement of employees engaged as at 26 July 1994 to an extra four weeks leave remains, but no further such entitlements accrue after 26 July 1994.

15. ANNUAL LEAVE LOADINGS

The payments provided for in clause 14, Annual Leave, take into account annual leave loading for weekly and part-time temporary employees.

16. LONG SERVICE LEAVE

See Long Service Leave Act 1955.

17. SICK LEAVE

(i) Weekly temporary employees shall, subject to the production of a medical certificate or other evidence satisfactory to the employer (which may include a statutory declaration) be entitled to five days' sick leave during the first year of service and eight days during the second and subsequent years of service on full pay: Provided that a statutory declaration shall be sufficient proof of sickness in respect of the first two single days' absence of an employee in any year.

(ii) An employee shall, wherever practicable, within 24 hours of the commencement of absence due to illness or injury, inform the employer of his/her inability to attend for duty and as far as practicable, state the nature of the illness or injury and estimated duration of the absence.

(iii) (a) The payment for any absence on sick leave in accordance with this clause may be withheld by the employer until the employee has completed three months continuous service, at which time the payment shall be made.

(b) Notwithstanding the abovementioned, continuity of service shall not be deemed to have been broken by any absence less than four ordinary working days between assignments in the case of weekly temporary or part-time temporary employees.

(iv) An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers' compensation.

(v) If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be cumulative from year to year provided that an employer shall not be bound to credit an employee for sick leave which accrued more than 12 years before the end of the last completed year of service.

(vi) Part-time temporary employees shall, subject to the provisions of this clause, be entitled to a proportionate amount of sick leave. The amount of sick leave to which a part-time temporary employee is entitled in any year shall bear the same ratio to sick leave prescribed during that year of service for weekly temporary employees as the part-time temporary employee's normal ordinary hours of work for a week during such year would have borne to the number of ordinary hours worked by weekly clerical employees in the section or department in which the part-time temporary employee is employed.

(vii) If an award holiday occurs during an employee's absence on sick leave, then such award holiday shall not be counted as sick leave.

18. PERSONAL/CARER’S LEAVE

NOTE: This clause shall apply to weekly and part-time temporary employees.

(i) Use of Sick Leave -

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (c) of subclause (i) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 17, Sick Leave of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

(b) The employee shall, if required,

(1) establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

(2) establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

(c) The entitlement to use sick leave in accordance with this subclause is subject to:

(1) the employee being responsible for the care of the person concerned; and

(2) the person concerned being:

(A) a spouse of the employee; or

(B) a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

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

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

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

(i) "relative" means a person related by blood, marriage or affinity;

(ii) "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

(iii) "household" means a family group living in the same domestic dwelling.

(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

Where the parties are unable to reach agreement the disputes procedure at clause 33, Grievance and Dispute Resolution Procedure should be followed.

(ii) Unpaid Leave for Family Purpose -

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in subparagraph (2) of paragraph (c) of subclause (i) above who is ill or who requires care due to an unexpected emergency.

(iii) Annual Leave -

(a) An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

(b) Access to annual leave, as prescribed in paragraph (a) above, shall be exclusive of any shutdown period provided for elsewhere under this award.

(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

(d) An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

(iv) Time Off in Lieu of Payment for Overtime —

(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

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

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

(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

(v) Make-up Time —

(a) An employee may elect, with the consent of the employer, to work “make-up time”, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

(b) An employee on shift work may elect, with the consent of the employer, to work “make- up time” (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

(vi) Personal Carer's Entitlement for casual employees -

(a) Subject to the evidentiary and notice requirements in paragraphs (b) and (d) of subclause (i) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subparagraph (2) of paragraph (c) of subclause (i) of this clause who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

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

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

19. FINISHING AT NIGHT

When an employee working overtime finishes work at a time when the usual means of transport are not available the employer shall provide transport or shall pay him/her at his/her ordinary rate for the time occupied in reaching his/her home. An employee working overtime who finishes work when the usual means of transport are not available shall be entitled to any additional outlay incurred in reaching his/her home by reasonable means of transport.

20. TRAVELLING EXPENSES

(i) When an employee, in the course of his/her duty, is required to go to any place away from his/her specified place of employment he/she shall be paid all reasonable expenses actually incurred.

(ii) When an employee in the course of his/her duty is required, other than in ordinary working hours, to go to any place away from his/her specified place of employment, he/she shall be paid all reasonable expenses actually incurred and in addition shall be paid at the ordinary rates for half of any time occupied in travelling outside ordinary working hours which is in excess of the time normally occupied by him/her in travelling from his/her home to his/her specified place of employment.

(iii) No payment need be made to an employee travelling to or from the specified place of employment on any particular day, unless the employee through no fault of his/her own is not required to perform work upon arrival at the place of employment.

(iv) Any employee required to provide a motor car shall be paid extra per week:

For a vehicle 1500 cc and under — as set in Item 5 of Table 2 — Other Rates and, of Part B, Monetary Rates.

For a vehicle over 1500 cc — as set in Item 6 of the said Table 2.

(v) Where an employee is required to use his/her motor car on a casual or incidental basis, he/she shall be paid an amount as set in Item 7 of Table 2 per kilometre travelled during such use.

21. UNIFORMS

In any establishment where an employee is required or encouraged by the employer to wear a distinctive uniform, coat, overall or dress, or where the nature of the work performed by the employee requires the provision of protective clothing, the same shall be supplied by the employer, free of charge, to the employee. Such uniform or other clothing shall remain the property of the employer and the current issue thereof shall be returned to the employer in the event of the termination of the employment.

22. RIGHT OF ENTRY

See Part 7 of Chapter 5 Industrial Organisations; Industrial Relations Act 1996.

23. HIGHER DUTIES

An employee, whilst called upon to perform any of the duties set out in subclause (ii) of clause 9, Classification Structure and Wages, in the absence of the employee normally exercising such duties or whilst called upon to perform such duties on a temporary basis, shall be paid at least the rate which would be applicable if such duties were performed on a permanent basis; provided that, this clause shall not apply when the time period is of less than one day's duration.

24. TERMINATION OF ENGAGEMENT

(i) The employment of a weekly temporary or part-time temporary employee may be terminated only by one week's notice on either side, which may be given at any time, or by the payment by the employer or forfeiture by the employee of a week's pay in lieu of notice. This shall not affect the right of the employer to dismiss an employee without notice in the case of an employee guilty of misconduct.

(ii) An employee with more than two months' service on leaving or being discharged shall, upon request, be given a reference or certificate of service in writing. Such reference or certificate of service shall at least contain information as to the length and nature of the employment of the employee.

25. EXEMPTIONS

(i) Subject to subclause (ii) of this clause, an hourly, part-time or weekly temporary employee who earns more than $735.00 in any week shall be exempt from all provisions of the award except the following;

• Clause 3 Anti-Discrimination;
• Clause 13 Sundays and Holidays, subclauses (i) and (ii), (a), (b) and (d);
• Clause 14 Annual Leave;
• Clause 15 Annual Leave Loading;
• Clause 17 Sick Leave;
• Clause 18 Personal/Carer's Leave;
• Clause 26 Bereavement Leave;
• Clause 27 Workers’ Compensation;
• Clause 28 Jury Service;
• Clause 29 Parental Leave.

(ii) The exemption rate shall be equivalent to the Grade Four rate expressed as a weekly rate, plus 18.5%. When calculating the exemption rate, payment for overtime and/or shift allowances due to the employee under the award shall not be included.

(iii) The exemption rate shall be calculated in multiples of one dollar, amounts of less than 50 cents being taken to the lower multiple and amounts of more than 50 cents being taken to the higher multiple.

26. BEREAVEMENT LEAVE

(i) An employee, other than a hourly temporary employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death in Australia of a person prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia the employee shall be entitled to two days bereavement leave where such employee travels outside Australia to attend the funeral.

(ii) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (2) of paragraph (c) of subclause (i) of clause 18, Personal/Carer's Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

(iv) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv) and (v) of the said clause 18. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

(vi) Bereavement entitlements for casual employees

(a) Subject to the evidentiary and notice requirements in subclause (ii) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subparagraph (2) of paragraph (c) of subclause (i) of clause 18, Personal/Carer's Leave

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

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

27. WORKER'S COMPENSATION

See Workers' Compensation Act 1987.

28. JURY SERVICE

A weekly or part-time temporary employee required to attend for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

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

29. PARENTAL LEAVE

(1) Refer to the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

(2) An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

(a) the employee or employee's spouse is pregnant; or

(b) the employee is or has been immediately absent on parental leave.

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

(3) Right to request

(a) An employee entitled to parental leave may request the employer to allow the employee:

(i) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

(ii) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

(iii) to return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

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

(c) Employee's request and the employer's decision to be in writing

The employee's request and the employer's decision made under subparagraphs (ii) and (iii) of paragraph (a) of subclause (3) must be recorded in writing.

(d) Request to return to work part-time

Where an employee wishes to make a request under subparagraph (iii) of paragraph (a) of subclause (3), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

(4) Communication during parental leave

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

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

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

(c) The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a).

30. FIRST-AID ALLOWANCE

(i) An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications, such as a certificate from the St John Ambulance or similar body, shall be paid an allowance as set in Item 8 of Table 2 — Other Rates and Allowances, of Part B, Monetary Rates, per week if the employee is appointed by an employer to perform first-aid duty.

31. AWARD DISPLAY

A copy of this award shall be exhibited and kept exhibited in accordance with the provisions of the Industrial Relations Act 1996.

32. NOTICE BOARD

Each employer shall permit the union to display notices dealing with legitimate union business on notice boards, provided that such notices are authorised by an accredited union representative. Any such notice not so authorised may be removed by the accredited union representative or the employer.

33. GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE

The procedure for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following procedural steps:

(i) Procedure relating to a grievance of an individual employee:

(a) The employee shall notify the employer (in writing or otherwise) as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

(b) The grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(c) Reasonable time limits must be allowed for discussion at each level of authority.

(d) At the conclusion of the discussion the employer must provide a response to the employee’s grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

(e) While a procedure is being followed, normal work must continue.

(f) The employer may be represented by an industrial organisation of employers and the employee may be represented by an industrial organisation of employees for the purposes of each procedure.

(ii) Procedure for a dispute between an employer and the employees:

(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(b) Reasonable time limits must be allowed for discussion at each level of authority.

(c) While a procedure is being followed, normal work must continue.

(d) The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

(iii) Subject to the Industrial Relations Act 1996, in the event that a dispute cannot be settled by the above procedures the Commission may be notified of an Industrial dispute for the purposes of resolving the dispute.

34. OCCUPATIONAL HEALTH AND SAFETY

Each employer and employee, bound to observe the provisions of this award, shall also co-operate positively in respect of obligations pursuant to the Occupational Health and Safety Act 2000.

35. ENTERPRISE CONSULTATIVE MECHANISM

Enterprises shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

36. NO EXTRA CLAIMS

It is the term of this award (arising from the decision of the Industrial Commission in Court Session in the State Wage Case of 29 May 1991), that the union undertakes, for the duration of the principles determined by that decision, not to pursue any extra claims, award or overaward, except when consistent with those principles.

37. SAVINGS CLAUSE

An employee employed as at 26 September 1997 who, by virtue of the definitions of this award as varied on 26 September 1997, has a change in status of employment from weekly temporary or part- time temporary to hourly temporary shall not be disadvantaged in terms of any leave entitlements that they may have accrued in the course of their employment.

By agreement between an employee and employer these entitlements can either be retained for future access or paid out in full from the date of operation of this award.

37A. TRAINEESHIPS

As to traineeships for persons covered by this award, see the Training Wage (State) Award 200226 September 2003 (341 I.G. 569) or any successor thereto.

38. AREA, INCIDENCE AND DURATION

(i) This award is made following a section 19 review pursuant to the Industrial Relations Act 1996 and rescinds and replaces the Clerical and Administrative Employees in Temporary Employment Services (State) Award published 24 April 1998 (304 I.G. 654) and all variations thereof.

(ii) (a) This award shall apply to all temporary employees as defined in clause 2, Definitions, within the jurisdiction of the Clerks (State) Industrial Committee employed by members of The Recruitment and Consulting Services Association.

(b) The said association shall, not later than 1 February and 1 August in each year lodge with the Industrial Registrar and serve on the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union, a list of its members as at the preceding 31 December and 30 June, respectively, and the date on which any changes in membership in the preceding six months had taken place.

(c) Such list shall be filed in the Industrial Registry and shall be open for inspection by any person.

(d) The inclusion of the name of a person on such list shall be evidence that that person was member at the date specified and had continued to be a member until a document had been so lodged and served by the association or the member indicating that the person had ceased membership from a specified date.

(iii) This award shall come into force on the first pay period to commence on or after 6 July 2000 and shall remain in force for a period of twelve months.

(iv) The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 16 February 2004.

This award remains in force until varied or rescinded, the period for which it was made already having expired.

CLERKS (STATE) INDUSTRIAL COMMITTEE

Industries and Callings
All persons employed in any clerical capacity whatsoever, and without limiting the generality of the foregoing, shall include telephonists, receptionists, cashiers, messengers, copy boys, persons employed on machines designed to perform or assist in performing any clerical work whatsoever in the State, excluding the County of Yancowinna;

Excepting employees within the jurisdiction of the following industrial committees;

Clerical and Administrative Employees Legal Industry (State);
Clerks, (Sydney Daily Newspapers);
Retail Employees (State);
Smelting, &c. (Electrolytic R. & S. Company, &c.);
Iron and Steel Works Employees (Australian Iron & Steel Proprietary Limited);
Australian Wire Industries Pty Ltd — Newcastle Wiremill;
Steel Works Employees (Broken Hill Proprietary Company Limited);
Cement Workers, &c. (State);
Smelting and Fertilizer Manufacturing (Sulphide Corporation Pty Limited and Greenleaf Fertilizers Limited);
Newcastle Gas Company Limited (Salaried Division);
Zoological Parks Board Employees;
Multigraph, &c., Operators (State);
Hairdressing and Beauty Treatment (State);
Dental Attendants and Secretaries (State);
Gangers (State);
Photographers (State);
Club Employees (State);
Quarries (Australian Iron and Steel Pty Limited);
Hotel Employees (State);
Crown Employees (Clerical);
Crown Employees (Hospitals and Homes);
Special Steels and Steel Products Manufacture (Commonwealth Company Limited);
University Employees, &c. (State);
Tubemakers of Australia Limited, Newcastle;
John Lysaght (Australia) Limited Newcastle;
John Lysaght (Australia) Limited Port Kembla;
John Lysaght (Australia) Limited Unanderra;
Australian Wire Industries Pty Ltd — Newcastle Ropery;
Tubemakers of Australia Limited, Yennora;
The New South Wales Egg Corporation;
Googong Dam Project;

and excepting also —

Employees in banks and insurance offices;
Persons employed in or in connection with hospitals and mental hospitals;
Persons employed in or by the United Dental Hospital of Sydney;
Employees in or about metalliferous and limestone mines, in or in connection with mining for minerals, other than coal or shale, in or about diamond and gem-bearing mines, mining dredges, ore sluicing processes, or smelting, refining, treatment and reduction works;
Messengers and cashiers employed in bars or dining rooms in boarding houses and coffee palaces;
Messengers and cashiers employed by caterers or in restaurants, tea shops, cafeteria, fish and oyster cafes and coffee shops;
Messengers and copy boys employed by Associated Newspapers Limited, Consolidated Press Limited, John Fairfax & Sons Limited and Mirror Newspapers Limited
Persons within the jurisdiction of the Club Managers and Secretaries (State) Industrial Committee;

and excepting also employees of —

State Rail Authority of New South Wales;
Urban Transit Authority of New South Wales;
The Commissioner for Motor Transport;
The Water Board;
The Hunter District Water Supply and Sewerage Board;
The Council of the City of Sydney;
The Sydney County Council;
Shire, municipal and county councils;
The Council of the City of Newcastle;
The Australian Gas Light Company;
The North Shore Gas Company Limited;
South Maitland Railways Pty Limited;
The Electricity Commission of New South Wales.

PART B - MONETARY RATES
TABLE 1 - RATES OF PAY

The following minimum rates shall take effect from the beginning of the first full pay period to commence on or after 26 August 2004:

(i) Adult Rates

(ii) Junior Rates -

(iii) Junior Rates - Equivalent to Grade 3 or above

TABLE 2 - OTHER RATES AND ALLOWANCES

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