AN120334 – Metal, Engineering and Associated Industries (State) Award
AUSTRALIAN INDUSTRIAL
REGISTRY
CONSOLIDATION
This
AIR consolidated award reproduces the former State award ‘Metal,
Engineering and Associated Industries (State) Award’ as at 27 March
2006.
About
this
Award:
Formerly
award 039, Serial C0081, of the Industrial Relations Commission of New South
Wales.
This
award incorporates Serial C4665 dated 10 March 2006 (operative from 10 March
2006) and C5441 (operative on and from 19 December 2005).
Printed by the 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.
AN120334
[Notional AIR
Consolidation]
METAL,
ENGINEERING AND ASSOCIATED INDUSTRIES (STATE)
AWARD
PART
1 - APPLICATION AND OPERATION OF AWARD
1.1
AWARD
TITLE
This
award is entitled the Metal, Engineering and Associated Industries (State)
Award.
This
award rescinds and replaces the Metal Badge Workers (State) Award published 4
June 1969, reprinted 15 February 1984 and further reprinted 2 August 1991 and
award review published 7 December 2001 (330 I.G. 148).
1.2 ARRANGEMENT
PART 1
APPLICATION AND OPERATION OF AWARD
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1.1
Award Title
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1.2
Arrangement
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1.3
Anti-Discrimination
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1.4
Definitions
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1.5
Area, Incidence and Duration
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PART 2
ENTERPRISE FLEXIBILITY
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2.1
Enterprise Flexibility
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2.2
Facilitative Provisions
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PART 3
CONSULTATION AND DISPUTE RESOLUTION
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3.1
Consultative Mechanism and Procedures
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3.2
Dispute Resolution Procedure
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PART 4
EMPLOYMENT RELATIONSHIP
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4.1
Employer and Employee Duties
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4.2
Employment Categories
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4.2A
Secure Employment
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4.3
Termination of Employment
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4.4
Redundancy
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4.5
Absence From Duty
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4.6
Standing Down Employees
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4.7
Abandonment of Employment
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4.8
Pay Slips and Employer Records
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4.9
Right of Entry
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4.10
Award to be Posted
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4.11
Shop Stewards and Notice Board
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4.12
Deduction of Union Membership Fees
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PART 5
RATES OF PAY AND RELATED MATTERS
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5.1
Classifications and Rates of Pay
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5.2
Training
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5.3
Apprentice Rates of Pay
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5.4
Adult Apprentice Rates of Pay
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5.5
Unapprenticed Junior Rates of Pay
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5.6
Trainee Rates of Pay
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5.7
Payment by Results
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5.8
Supported Wage System for People with Disabilities
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5.9
Allowances and Special Rates
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5.10
Extra Rates not Cumulative
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5.11
Payment of Wages
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PART 6
HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME
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6.1
Ordinary Hours of Work
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6.2
Special Provisions for Shiftworkers
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6.3
Meal Breaks
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6.4
Overtime
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PART 7
TYPES OF LEAVE AND PUBLIC HOLIDAYS
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7.1
Annual Leave
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7.2
Long Service Leave
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7.3
Sick Leave
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7.4
Personal/Carers Leave
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7.5
Jury Service
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7.6
Parental Leave
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7.7
Public Holidays
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SCHEDULE
A CLASSIFICATION DEFINITIONS
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SCHEDULE
B INDUSTRIES AND CALLINGS
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1.3 ANTI-DISCRIMINATION
1.3.1
It is the intention of the parties bound by this award to seek to achieve the
object in section 3(f) of the
Industrial
Relations Act 1996
to prevent and eliminate discrimination in the workplace. This includes
discrimination on the grounds of race, sex, marital status, disability,
homosexuality, transgender ide1ntity, age and responsibilities as a
carer..
1.3.2
It follows that in fulfilling their obligations under the dispute resolution
procedure prescribed by this award the parties have obligations to take all
reasonable steps to ensure that the operation of the provisions of this award
are not directly or indirectly discriminatory in their effects. It will be
consistent with the fulfilment of these obligations for the parties to make
application to vary any provision of the award which, by its terms or operation,
has a direct or indirect discriminatory
effect.
1.3.3
Under the
Anti-Discrimination
Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or
harassment.
1.3.4
Nothing in this clause is to be taken to
affect:
1.3.4.1
any conduct or act which is specifically exempted from anti-discrimination
legislation;
1.3.4.2
offering or providing junior rates of pay to persons under 21 years of
age;
1.3.4.3
any act or practice of a body established to propagate religion which is
exempted under section 56(d) of the
Anti-Discrimination
Act
1977;
1.3.4.4
a party to this award from pursuing matters of unlawful discrimination in any
State or federal
jurisdiction.
1.3.5
This clause does not create legal rights or obligations in addition to those
imposed upon the parties by the legislation referred to in this
clause.
NOTES
(a)
Employers and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b)
Section 56(d) of the
Anti-Discrimination
Act 1977
provides:
Nothing
in the Act affects ... any other act or practice of a body established to
propagate religion that conforms to the doctrines of that religion or is
necessary to avoid injury to the religious susceptibilities of the adherents of
that religion.
1.4 DEFINITIONS
1.4.1
"Confined Space" means a compartment, space (access to which is through a
manhole or similar opening) or place the dimensions of which necessitate an
employee working in a stooped or otherwise cramped position, or without proper
ventilation and subject thereto includes the following
spaces:
1.4.1
(a) In the case of a ship, inside complete tanks, chain lockers and peaks, in
bilges, under engine beds, under engine room and stockhold floors, or under or
inside
boilers;
1.4.1
(b) In the case of a locomotive - inside the barrels of boilers, fire boxes,
water spaces of tenders, side tanks, bunker tanks, saddle tanks or smoke
boxes;
1.4.1
(c) In other cases, inside boilers, steam drums, mud drums, fire boxes of
vertical or road vehicle boilers, furnaces, flues, combustion chambers,
receivers, buoys, tanks, superheaters or
economisers.
1.4.2
"Engineering Streams" are the three broad engineering streams recognised within
the classification definitions set out in Schedule A, namely:
Electrical/electronic; fabrication; and mechanical. Additionally, there are five
vocational fields (as defined). Entry to training in any engineering stream is
not conditional on union membership. The streams are defined
as:
1.4.2
(a) "Electrical/electronic stream" includes the design, assembly, manufacture,
installation, modification, testing, fault finding, commissioning, maintenance
and service of all electrical and electronic devices systems, equipment and
controls, eg, electrical wiring, motors, generators, PLC's and other electronic
controls, instruments, refrigeration, telecommunications, radio and television,
communication and information
processing.
1.4.2
(b) "Mechanical stream" includes the design, assembly, manufacture,
installation, modification, testing, fault finding, commissioning, maintenance
and service of all mechanical equipment, machinery, fluid power systems,
automotive mechanics, instruments, refrigeration, and the use of related
computer controlled equipment, eg, Computer Numeric Controlled machine
tools.
1.4.2
(c) "Fabrication stream" includes fabrication, forging, carpentry, plumbing,
founding, structural steel erection, electroplating, metal spinning, metal
polishing, sheet metal work and the use of related computer controlled
equipment. This includes fabrication in all metals, plastics, carbon fibre,
composite materials, ceramics and other
materials.
1.4.3
"New construction work on a multi-storey building" means work performed on a
building construction site in connection with the construction of a multi-storey
building in the course of erection. However, it does not include work associated
with the installation of internal blinds, curtains, moveable furniture and the
like.
For
the purposes of this definition a "Multi-storey building" means a building of
three or more floors (including the ground floor) above the lowest adjacent
street level the principle purposes of which
are:
To
store or sell stock of goods and/or vehicles;
or
To house
persons for purposes of work or entertainment or residence;
or
To
contain plant, equipment or
machinery.
It
does not include structures which are primarily civil or mechanical engineering
structures, or installations, such as power stations, grain elevators and silos,
oil refineries, wharves, jetties, piers, bridges, or pipelines, water storage
towers, or the
like.
1.4.4
"Ship Repairs"
means:
1.4.4
(a) All repair work done on
ships;
1.4.4
(b) All work other than the making of spare parts and stores done in a workshop
used for ship repairs
only;
1.4.4
(c) Work done in a workshop used for ship repairing, general engineering, metal
moulding, steel construction and other heavy metal fabrication on which
employees are engaged both on the ship and in the
workshop.
1.4.5
"Vocational Fields" are the five vocational fields recognised within the
classification structure of this Award, namely: trade; technical;
engineering/production; supervisor/trainer/co- ordinator; and professional. The
fields are defined
as:
1.4.5
(a) "Trade" includes an employee who possesses as a minimum qualification a
trade certificate in any of the engineering streams on the higher engineering
trade (as
defined).
1.4.5
(b) "Technical Field"
includes:
(i)
Production planning, including scheduling, work study, and estimating materials,
handling systems and like
work.
(ii)
Technical including inspection, quality control, supplier evaluation,
laboratory, non- destructive testing, technical purchasing, and design and
development work (prototypes, models, specifications) in both product and
process areas and like
work.
(iii)
Design and draughting and like
work.
1.4.5
(c) "Engineering/Production Field" includes employees primarily engaged in
production work including production, distribution, stores and warehousing, but
does not require a qualification in the trade, technical, professional or
supervisory
fields.
1.4.5
(d) "Supervisor/Trainer/Co-ordinator Field" includes employees who
are:
(i)
Responsible for the work of other employees and/or provision of on-the-job
training including coordination and/or technical guidance;
or
(ii)
Responsible for supervision and/or training of other supervisors or trainers;
or
(iii)
Responsible primarily for the exercise of technical skills, as defined, up to
the level of their skill and competence and who are additionally involved in the
supervision/training of other
employees.
1.4.5
(e) "Professional Field" includes an employee who possesses an academic
qualification which enables that employee to become a graduate member of the
Institute of Engineers, Australia or an academic qualification in science set
out in the Academic Schedule appearing in the Metal, Engineering and Associated
Industries ( Professional Engineers and Scientists) Award
1998.
1.4.6
"Adult Apprentice" means a person of 21 years of age or over at the time of
entering into an indenture. Provided that this definition shall only apply to
indentures entered into after the making of this award
1.5 AREA, INCIDENCE AND DURATION
This
award rescinds and replaces the Metal and Engineering Industry (New South Wales)
Interim Award published 2 August 1991 (264 I.G. 536), as varied; the Metal and
Engineering Industry (State Wage Case 1996) (Wages) (State) Award published 1
November 1996 (295 I.G.605), as varied; the Metal and Engineering Industry
Redundancy (State) Award published 24 March 1995 (284 I.G. 954) and the Metal
and Engineering Industry Family Leave Provisions (State) Award published 8 March
1996 (291 I.G. 52) as
varied.
This
award shall commence on and from 2 February 2001 and shall remain in force for a
period of 12
months.
It
shall apply to all persons of the classes herein mentioned in the State
excluding the County of
Yancowinna.
This
award shall apply to the Industries and Callings under the jurisdiction of the
Metal and Engineering Industry (New South Wales) Industrial
Committee.
Excepting
employees
of:
Public
Transport Commission of New South
Wales;
The
Commissioner for Motor
Transport;
The
Water Board;
The
Hunter District Water
Board;
South
Maitland Railways Pty.
Limited;
The
Electrolytic Refining and Smelting Company of Australia Proprietary
Limited;
The
Metal Manufactures
Limited;
The
Australian Fertilizers Limited, and the Austral Standards Cables Proprietary
Company Limited, at Port
Kembla;
The
Broken Hill Proprietary Company Limited, at
Newcastle;
Australian
Iron & Steel Proprietary Limited, within the jurisdiction of the Iron and
Steel Works Employees (Australian Iron & Steel Proprietary Limited)
Industrial Committee and the Quarries (Australian Iron & Steel Proprietary
Limited) Industrial
Committee;
Blue
Circle Southern Cement
Limited;
The
Council of the City of
Sydney;
The
Council of the City of
Newcastle;
The
Sydney County
Council;
The St.
George County
Council;
Australian
Wire Industries Pty Ltd at its Sydney
Wiremill;
Australian
Wire Industries Pty Ltd at its Newcastle
Wiremill;
The
Northern Rivers County
Council;
The
Electricity Commission of New South
Wales;
Lysaght
Brothers and Company Limited, at Chiswick, Parramatta
River;
Courtaulds
(Australia) Limited at or in connection with its works at
Tomago;
Rylands
Brothers (Australia) Proprietary Limited at its works at Port Waratah, near
Newcastle;
Commissioner
for Main Roads engaged in the maintenance of the Sydney Harbour
Bridge;
Electric
Light and Power Supply Corporation
Limited;
Parramatta
- Granville Electric Supply Company
Limited;
The
Australian Gas Light
Company,
The
North Shore Gas Company
Limited;
And
excepting also employees
-
In or
about coal mines north of Sydney, in or about coal mines in the South Coast
district, in or about coal and shale mines west of
Sydney;
In
or about metalliferous and limestone mines, in or in connection with mining for
minerals other than coal or shale, and in or about diamond and gem-bearing
mines, mining dredges, ore sluicing processes, ore smelting, refining, treatment
and reduction
works;
And
excepting
also
Persons
employed in or by the United Dental Hospital of
Sydney;
And
excepting employees within the jurisdiction of the following Industrial
Committees
Special
Steels and Steel Products Manufacture (Commonwealth Steel Company
Limited);
University
Employees, &c.
(State);
Tubemakers
of Australia Limited,
Newcastle;
County
Councils (Electricity Undertakings)
Employees;
Shortland
County
Council;
John
Lysaght (Australia) Limited Port
Kembla;
John
Lysaght (Australia) Limited
Newcastle;
Wire
Rope Makers, &c. (Australian Wire Rope Works Proprietary
Limited);
Commonwealth
Steel Company Limited,
Unanderra;
Tubemakers
of Australia Limited,
Yennora;
Smelting
and Fertilizer Manufacturing (Sulphide Corporation Pty Limited and Greenleaf
Fertilizers
Limited);
Milk
Treatment, &c., and Distribution
(State);
Cement
Workers, &c.
(State);
Shoalhaven
Scheme;
Googong
Dam
Project;
And
excepting
also
Persons
coming within the jurisdiction of the Crown Employees (Skilled Tradesmen)
Industrial
Committee;
Employees
within the jurisdiction of University Building Maintenance Employees (State)
Industrial
Committee.
Persons
within the jurisdiction of the Municipal and Shire Council Employees Industrial
Committee;
Persons
coming within the jurisdiction of the Public Hospital (Skilled Tradesmen)
Industrial
Committee.
Persons
employed in or by Newcastle Newspapers Pty Limited for so long as it observes
the provisions of Industrial Agreement No.
8447.
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 25 June
2004.
This
award remains in force until varied or rescinded, the period for which it was
made already having
expired.
PART
2 - ENTERPRISE FLEXIBILITY
2.1
ENTERPRISE
FLEXIBILITY
Summary
These
clauses provide for how the award may be varied in order to meet the particular
needs of an
enterprise.
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 shall
apply:
2.1.1
A consultative mechanism and procedures appropriate to the size, structure and
needs of the enterprise or workplace shall be
established.
2.1.2
For the purpose of the consultative process the employees may nominate the Union
or Unions bound by this award, or other representative, to represent
them.
2.1.3
Where agreement is reached an application shall be made to the
Commission.
2.2 FACILITATIVE PROVISIONS
2.2.1
Agreement to Vary Award
Provisions
2.2.1
(a) This award contains facilitative provisions which allow agreement between an
employer and employees on how specific award provisions are to apply at the
workplace or section or sections of it. The facilitative provisions are
identified in 2.2.2, 2.2.3 and
2.2.4.
2.2.1
(b) The specific award provisions establish both the standard award condition
and the framework within which agreement can be reached as to how the particular
provisions should be applied in practice. Facilitative provisions are not to be
used as a device to avoid award obligations nor should they result in unfairness
to an employee or employees covered by this
award.
2.2.2
Facilitation by Individual
Agreement
2.2.2
(a) The following facilitative provisions can be utilised upon agreement between
an employer and an employee provided that the agreement complies with clause
2.2.2(b), (c)(i) and (ii):
4.2.4(b)(iii)
|
Variation
to Hours Part-time Employment
|
5.9.1(d)(ii)
|
Tool
Allowance
|
6.1.6
|
Make-up
Time
|
6.3.5
|
Meal
Breaks
|
6.4.1(d)
|
Time
Off in Lieu of Payment for Overtime
|
6.4.4(d)
|
Rest
Period after Overtime
|
7.1.7(b)
|
Annual
Leave in One or More Separate Periods
|
7.1.9(c)
|
Time
of Taking Annual Leave
|
2.2.2
(b) The agreement reached must be recorded in the time and wage record kept by
the employer in accordance with Division 2 of Part 4 of the Industrial Relations
(General) Regulation
2001
2.2.2
(c) (i) If an employee is a member of a union bound by the award, the employee
may be represented by the union in meeting and conferring with the employer
about the implementation of the facilitative
provisions.
(ii)
The union must be given a reasonable opportunity to participate in negotiations
regarding the proposed implementation of a facilitative provision. Union
involvement does not mean that the consent of the union is required prior to the
introduction of agreed facilitative
arrangements.
2.2.3
Facilitation by Majority or Individual
Agreement
2.2.3
(a) Subject to paragraphs (b) and (c) of this subclause, the following
facilitative provisions can be utilised upon agreement between the employer and
the majority of employees in the workplace or a section or sections of it OR,
the employer and an individual employee:
5.11.1(b)
|
Payment
of Wages
|
6.1.1(b)
|
Ordinary
hours of Work for Day Workers on Weekends
|
6.1.1(c)
|
Variation
to Spread of Hours for Day Workers
|
6.1.4(a)&(b)
|
Methods
of Arranging Ordinary Working Hours
|
6.2.1
|
Shift
Definitions
|
6.3.1(b)
|
Working
in Excess of Five Hours without a Meal Break
|
7.7.1(e)
|
Substitution
of Public Holidays
|
2.2.3
(b) Majority Agreement Where agreement has been reached with the majority of
employees in the workplace or a section or sections of it to implement a
facilitative provision in 2.2.3(a), the employer may not implement that
agreement
unless:
(i)
it complies with 2.2.2(b), 2.2.2(c) and where specified 2.2.5;
and
(ii)
agreement has been reached with each individual employee to be covered by the
facilitative
provision.
2.2.3
(c) Individual Agreement Where no agreement has been sought by the employer with
the majority of employees in accordance with 2.2.3(b), the employer may seek to
reach agreement with individual employees in the workplace, and such agreement
will be binding on individual employees provided it complies with 2.2.2(b) and
(c) and provided that the agreement is only with an individual employee or a
number of individuals less than the majority in the workplace or a section or
sections of
it.
2.2.4
Facilitation by Majority
Agreement
2.2.4
(a) The following facilitative provisions may only be utilised upon agreement
between the employer and the majority of employees in the workplace or a section
or sections of it:
6.1.2(c)
|
Ordinary
Hours of Work, Continuous Shift Workers
|
6.1.3(b)
|
Ordinary
Hours of Work, Non-continuous Shift Workers
|
6.1.4(c)
|
12
Hour Shifts
|
6.2.4(d)
|
Public
Holiday Shifts
|
7.1.1(a)(ii)
|
Period
of Annual Leave
|
7.1.12(d)(iii)
|
Annual
Close Down
|
2.2.4
(b) Where agreement has been reached with the majority of employees in the
workplace, or a section or sections of it, to implement a facilitative provision
in 2.2.4(a), that agreement shall be binding on all such employees, provided the
requirements of 2.2.2(b), 2.2.2(c) and where specified 2.2.5 have been
met.
2.2.5
Additional
Safeguard
2.2.5
(a) An additional safeguard applies
to:
5.11.1(b)
|
Period
of Payment of Wages
|
6.1.2(c)
|
Ordinary
Hours of Work, Continuous Shift Workers
|
6.1.3(b)
|
Ordinary
Hours of Work, Non-Continuous Shift Workers
|
2.2.5
(b) The additional safeguard requires that the unions which are party to the
award and which have members employed at an enterprise covered by the award
shall be informed by the employer of the intention to use the facilitative
provision and shall be given a reasonable opportunity to participate in the
negotiations regarding its use. Union involvement in this process does not mean
that the consent of the union is required prior to the introduction of agreed
facilitative arrangements at the
enterprise.
2.2.6
Majority Vote at the Initiation of the Employer - A vote of employees in the
workplace, or a section or sections of it, taken in accordance with 2.2.3 or
2.2.4, to determine if there is majority employee support for implementation of
a facilitative provision, will be of no effect, unless taken with the agreement
of the
employer.
2.2.7
Dispute Over Facilitation - In the event that a dispute or difficulty arises
over the implementation or continued operation of a facilitative provision, the
matter will be handled in accordance with the dispute resolution procedure in
clause
3.2
PART
3 - CONSULTATION AND DISPUTE RESOLUTION
3.1
CONSULTATIVE MECHANISM AND
PROCEDURES
3.1.1
At the discretion of the employer each enterprise covered by this award the
employer and employees and, if appropriate an appropriate representative
including a trade union bound by this award, may establish a mechanism and
procedures which enables them to communicate and consult about matters arising
out of this award, in particular clauses 2.1 and 2.2 which they agree would
assist in achieving and maintaining co-operative workplace relations and
mutually beneficial work practices.
3.1.2 The employer shall permit a notice board to be erected in the plant, or each part of a plant, to facilitate communication between employees and/or their union representatives.
3.2 DISPUTE RESOLUTION PROCEDURE
Summary
Each
enterprise must establish a procedure to avoid or resolve
disputes.
3.2.1
A procedure for the avoidance or resolution of disputes will apply in all
enterprises covered by this Award. The mechanism and procedures for resolving
industrial disputes will include, but not be limited to, the
following:
3.2.1
(a) The employee/s concerned will first meet and confer with their immediate
supervisor. The employee/s may appoint another person to act on their behalf
including a shop steward or delegate of their
union.
Subject
to 3.2.2 and 3.2.3 where the shop steward or delegate is involved he/she shall
be allowed the necessary time during working hours to interview the employee(s)
and the
supervisor.
3.2.1
(b) If the matter is not resolved at such a meeting the parties will arrange
further discussions involving more senior management as appropriate. The
employee may invite a union official to be involved in the discussions. The
employer may also invite into the discussions an officer of the employer
organisation to which the employer
belongs.
The
shop steward or delegate shall be allowed at a place designated by the employer,
a reasonable period of time during working hours to interview the duly
accredited Union Officials of the Union to which they
belong.
3.2.1
(c) If the matter remains unresolved, the employer may refer it to a more senior
level of management or to a more senior national officer within the employer
organisation. The employee may invite a more senior union official to be
involved in the discussions. In the event there is no agreement to refer the
matter to a more senior level or it is agreed that such a reference would not
resolve the matter the parties shall jointly or individually refer the matter to
the Industrial Relations Commission of New South Wales for assistance in
resolving the
matter.
3.2.2
In order to facilitate the procedure in
3.2.1:
3.2.2
(a) The party with the grievance must notify the other party at the earliest
opportunity of the
problem;
3.2.2
(b) Throughout all stages of the procedure all relevant facts must be clearly
identified and
recorded;
3.2.2
(c) Sensible time limits must be allowed for completion of the various stages of
discussion. However, the parties must co-operate to ensure that the disputes
resolution procedures are carried out as quickly as
possible.
3.2.3
While the parties are attempting to resolve the matter the parties will continue
to work in accordance with this award and their contract of employment unless
the employee has a reasonable concern about an imminent risk to his or her
health and safety. Subject to relevant provisions of the
Occupational
Health and Safety Act
2000 and
Occupational Health and Safety Regulation 2001, even if the employee has a
reasonable concern about an imminent risk to his or her health or safety, the
employee must not unreasonably fail to comply with a direction by his or her
employer to perform other available work, whether at the same enterprise or
another enterprise, that is safe and appropriate for the employee to
perform.
PART
4 - EMPLOYMENT RELATIONSHIP
4.1
EMPLOYER AND EMPLOYEE
DUTIES
Summary
An
employee has certain obligations to carry out duties as directed. Any direction
by the employer must be consistent with a safe and healthy work
environment.
4.1.1
An employer may direct an employee to carry out such duties as are within the
limits of the employee's skills, competence and training consistent with the
classification structure of this award provided that such duties are not
designed to promote
de-skilling.
4.1.2
An employer may direct an employee to carry out such duties and use such tools
and equipment as may be required provided that the employee has been properly
trained in the use of such tools and
equipment.
4.1.3
Any direction issued by an employer under this clause is to be consistent with
the employer's responsibilities to provide a safe and healthy working
environment.
4.2 EMPLOYMENT CATEGORIES
Summary
This
clause describes the various categories of employment under this
award.
4.2.1
Probationary
Employment
4.2.1
(a) An employer may initially engage a full-time or part-time employee for a
period of probationary employment for the purpose of determining the employee's
suitability for ongoing employment. The employee must be advised in advance that
the employment is probationary and of the duration of the probation which can be
up to but not exceed three
months.
4.2.1
(b) A probationary employee is for all purposes of the award a full-time or
part-time
employee.
4.2.1
(c) Probationary employment forms part of an employee's period of continuous
service for all purposes of the award, except where otherwise specified in this
award.
4.2.2
Full-time Employment - Any employee not specifically engaged as being a
part-time or casual employee is for all purposes of this award a full-time
employee, unless otherwise specified in the
award.
4.2.3
Casual Employment - A casual employee is one engaged and paid as such. A casual
employee for working ordinary time shall be paid one thirty eighth of the weekly
award wage prescribed herein for the work which he or she performs, plus 15 per
cent.
4.2.4
Part-time
Employment
4.2.4
(a) An employee may be engaged to work on a part-time basis involving a regular
pattern of hours which shall average less than 38 hours per
week.
4.2.4
(b) (i) Before commencing part-time employment, the employee and employer must
agree:
(1)
upon the hours to be worked by the employee, the days upon which they will be
worked and the commencing and finishing times for the
work;
(2)
upon the classification applying to the work to be performed in accordance with
Clause 5.1 of this
award;
(ii)
Except as otherwise provided in this Award a part-time employee is entitled to
be paid for the hours agreed upon in accordance which 4.2.4
(b)(i)(1).
(iii)
The terms of this agreement may be varied by
consent.
(iv)
The terms of this agreement or any variation to it shall be in writing and
retained by the employer. A copy of the agreement and any variation to it shall
be provided to the employee by the
employer.
4.2.4
(c) The terms of this award shall apply pro rata to part-time employees on the
basis that ordinary weekly hours for full-time employees are
38.
4.2.4
(d) Overtime - A part-time employee who is required by the employer to work in
excess of the hours agreed upon in accordance with 4.2.4(b) (i) and (iii), shall
be paid overtime in accordance with clause 6.4 of this
award.
4.2.4
(e) Public Holidays - Where the part-time employee's normal paid hours fall on a
public holiday prescribed in clause 7.7 and work is not performed by the
employee, such employee shall not lose pay for the day. Where the employee works
on the holiday, such employee shall be paid in accordance with Clause 7.7 of
this
award.
4.2.5
Employment for a Specific Period of Time or a Specific Task or
Tasks
4.2.5
(a) An employee may be engaged on a full time or part time basis for a specific
period of time or for specific
task/s.
4.2.5
(b) The details of the specific period of time or specific task/s shall be set
out in writing and retained by the employer. The employer shall provide a copy
to the
employee.
4.2.5
(c) An employee engaged in accordance with 4.2.5(a) is for all purposes of the
award a full-time or part-time employee, except where otherwise specified in
this
award.
4.2.5
(d) Service under a contract of employment for a specific period of time or
specific task/s shall form part of an employee's period of continuous service,
where such employee is engaged as a full-time or part-time employee immediately
following such contract of
employment.
4.2.6
Apprentices
4.2.6
(a) The terms of this award will apply to apprentices (including adult
apprentices, as defined) except where it is otherwise stated or where special
provisions are stated to apply. Apprentices may be engaged in trades or
occupations provided for in this clause where declared or recognised by an
Apprenticeship
Authority.
4.2.6
(b) Apprenticeship Authority shall mean the Commissioner of Vocational Training
appointed under the
Apprenticeship
and Traineeship Act
2001, the
Vocational Training Tribunal constituted under the Act or the Industrial
Relation Commission established by the
Industrial
Relations Act
1996.
4.2.6
(c) (i) The period of apprenticeship shall be four
years.
(ii)
The period may be varied with the approval of the apprenticeship authority
provided that any credits granted shall be counted as part of the apprenticeship
for the purpose of wage progression under clause
5.3.
(iii)
Further, the period may be varied to such other period as is approved by the
apprenticeship authority on the basis of an approved competency based training
programme.
(iv)
The wage rates mentioned in clause 5.3 may be varied with the approval of the
relevant parties to this award according to the apprentice affected, and the
relevant apprenticeship authority to allow for progression between wage levels
based on the gaining of agreed competencies and/or modules instead of the year
of the apprenticeships. For example, the appropriate proportion of the minimum
training requirement associated with the year of the apprenticeship could only
be used to identify progression from one percentage rate to the
next.
4.2.7
Trainees - The parties to this Award shall observe the terms of the Metal Trades
(Training Wage) (State)
Award.
4.2.8
Unapprenticed Juniors - The terms of this award apply to unapprenticed juniors
except where otherwise stated or where special provisions are stated to
apply.
4.2A. SECURE EMPLOYMENT
(a) Objective
of this
Clause
The
objective of this clause is for the employer to take all reasonable steps to
provide its employees with secure employment by maximising the number of
permanent positions in the employer’s workforce, in particular by ensuring
that casual employees have an opportunity to elect to become full-time or
part-time
employees.
(b) Casual
Conversion
(i) A
casual employee engaged by a particular employer on a regular and systematic
basis for a sequence of periods of employment under this Award during a calendar
period of six months 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 six months. However, the employee retains his or her
right of election under this subclause if the employer fails to comply with this
notice
requirement.
(iii) Any
casual employee who has a right to elect under paragraph (b)(i), upon receiving
notice under paragraph (b)(ii) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the employer that he or
she seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition through
the disputes settlement
procedure.
(iv) Any
casual employee who does not, within four weeks of receiving written notice from
the employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such
conversion.
(v) Once
a casual employee has elected to become and been converted to a full-time
employee or a part-time employee, the employee may only revert to casual
employment by written agreement with the
employer.
(vi) If
a casual employee has elected to have his or her contract of employment
converted to full-time or part-time employment in accordance with paragraph
(b)(iii), the employer and employee shall, in accordance with this paragraph,
and subject to paragraph (b)(iii), discuss and agree
upon:
(1) whether
the employee will convert to full-time or part-time employment;
and
(2) if
it is agreed that the employee will become a part-time employee, the number of
hours and the pattern of hours that will be worked either consistent with any
other part-time employment provisions of this award or pursuant to a part time
work agreement made under Chapter 2, Part 5 of the
Industrial
Relations Act 1996
(NSW);
Provided
that an employee who has worked on a full-time basis throughout the period of
casual employment has the right to elect to convert his or her contract of
employment to full-time employment and an employee who has worked on a part-time
basis during the period of casual employment has the right to elect to convert
his or her contract of employment to part-time employment, on the basis of the
same number of hours and times of work as previously worked, unless other
arrangements are agreed between the employer and the
employee.
(vii) Following
an agreement being reached pursuant to paragraph (vi), the employee shall
convert to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement
procedure.
(viii) An
employee must not be engaged and re-engaged, dismissed or replaced in order to
avoid any obligation under this
subclause.
(c) Occupational
Health and
Safety
(i) For
the purposes of this subclause, the following definitions shall
apply:
(1) A
"labour hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other
employer.
(2) A
"contract business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own
employees.
(ii) Any
employer which engages a labour hire business and/or a contract business to
perform work wholly or partially on the employer’s premises shall do the
following (either directly, or through the agency of the labour hire or contract
business):
(1) consult
with employees of the labour hire business and/or contract business regarding
the workplace occupational health and safety consultative
arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs
safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees;
and
(4) ensure
employees of the labour hire business and/or contract business are made aware of
any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing
in this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the
Occupational
Health and
Safety
Act 2000 or the
Workplace
Injury Management and Workers Compensation
Act
1998.
(d) Disputes
Regarding the Application of this
Clause
Where
a dispute arises as to the application or implementation of this clause, the
matter shall be dealt with pursuant to the disputes settlement procedure of this
award.
(e) This
clause has no application in respect of organisations which are properly
registered as Group Training Organisations under the
Apprenticeship
and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
4.3 TERMINATION OF EMPLOYMENT
Summary
This
clause describes certain rights and obligations of both employer and employees
in circumstances where employment is
terminated.
4.3.1
Notice of Termination by
Employer
4.3.1
(a) In order to terminate the employment of an employee the employer must give
to the employee the following notice:
Period
of Service
|
Period
of Notice
|
|
|
1 year
or less
|
l
week
|
1 year
and up to the completion of 3 years
|
2
weeks
|
3
years and up to the completion of 5 years
|
3
weeks
|
5
years and over
|
4
weeks
|
4.3.1
(b) In addition to the notice in 4.3.1(a) employees over 45 years of age at the
time of the giving of the notice with not less than two years service, are
entitled to an additional week's
notice.
4.3.1
(c) Payment in lieu of the notice prescribed in 4.3.1(a) and (b) must be made if
the appropriate notice period is not given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
4.3.1
(d) In calculating any payment in lieu of notice, the wages an employee would
have received in respect of the ordinary time he or she would have worked during
the period of notice, had their employment not been terminated, must be
used.
4.3.1
(e) The period of notice in this clause does not apply in the case of dismissal
for serious misconduct, or in the case of casual employees, apprentices, or
employees engaged for a specific period of time or for a specific task or
tasks.
4.3.1
(f) For the purposes of this clause, service shall be calculated in the manner
prescribed by subclause 7.1.5 How to Calculate
Leave.
4.3.2
Notice of Termination by Employee - The notice of termination required to be
given by an employee shall be the same as that required of an employer, except
that there is no additional notice based on the age of the employee concerned.
If an employee fails to give notice the employer has the right to withhold
moneys due to the employee to a maximum amount equal to the ordinary time rate
of pay for the period of
notice.
4.3.3
Summary Dismissal - The employer has the right to dismiss any employee without
notice for serious misconduct and in such cases any entitlements under this
award are to be paid up to the time of dismissal
only.
4.3.4
Time Off During Notice Period - Where an employer has given notice 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.
4.4 REDUNDANCY
4.4.1
Application
4.4.1
(a) This clause shall only apply in respect of full-time and part-time
employees.
4.4.1
(b) This clause shall apply in respect of employers who employ 15 employees or
more immediately prior to the termination of employment of
employees.
4.4.1
(c) Notwithstanding anything contained elsewhere in this clause, this clause
shall not apply to employees with less than one year's continuous service, and
the general obligation on employers shall be no more than to give such employees
an indication of the impending redundancy at the first reasonable opportunity,
and to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative
employment.
4.4.1
(d) Notwithstanding anything contained elsewhere in this clause, this clause
shall not apply where employment is terminated as a consequence of conduct that
justifies instant dismissal, including malingering, inefficiency or neglect of
duty, or in the case of casual employees, apprentices or employees engaged for a
specific period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of
labour.
4.4.2
Introduction of
Change
4.4.2.1
Employer's Duty to
Notify
4.4.2.1
(a) Where an employer has made a definite decision to introduce major changes in
production, program, organisation, structure or technology that are likely to
have significant effects on employees, the employer shall notify the employees
who may be affected by the proposed changes and the union to which they
belong.
4.4.2.1
(b) "Significant effects" include termination of employment, major changes in
the composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of
jobs.
4.4.2.2
Employer's Duty to Discuss
Change
4.4.2.2
(a) The employer shall discuss with the employees affected and the union to
which they belong, inter alia, the introduction of the changes referred to in
4.4.2.1, the effects the changes are likely to have on employees and measures to
avert or mitigate the adverse effects of such changes on employees, and shall
give prompt consideration to matters raised by the employees and/or the union in
relation to the
changes.
4.4.2.2
(b) The discussions shall commence as early as possible after a definite
decision has been made by the employer to make the changes referred to in
4.4.2.1.
4.4.2.2
(c) For the purpose of such discussions, the employer shall provide to the
employees concerned and the union to which they belong all relevant information
about the changes including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect
employees provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
4.4.3
Redundancy
4.4.3.1
Discussions Before
Terminations
4.4.3.1
(a) Where an employer has made a definite decision that the employer no longer
wishes the job the employee has been doing done by anyone pursuant to
4.4.2.1(a), and that decision may lead to the termination of employment, the
employer shall hold discussions with the employees directly affected and with
the union to which they
belong.
4.4.3.1
(b) The discussions shall take place as soon as is practicable after the
employer has made a definite decision which will invoke the provision of
4.4.3.1(a) and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination of the employees
concerned.
4.4.3.1
(c) For the purposes of the discussion the employer shall, as soon as
practicable, provide to the employees concerned and the union to which they
belong, all relevant information about the proposed terminations including the
reasons for the proposed terminations, the number and categories of employees
likely to be affected, and the number of employees normally employed and the
period over which the terminations are likely to be carried out. Provided that
any employer shall not be required to disclose confidential information the
disclosure of which would adversely affect the
employer.
4.4.4
Termination of
Employment
4.4.4.1
Notice for Changes in Production, Programme, Organisation or
Structure
4.4.4.1
(a) The notice provisions to be applied to terminations by the employer for
reasons arising from changes in production, programme, organisation or structure
shall be the same as that provided in 4.3 Termination of
Employment.
4.4.4.1
(b) Payment in lieu of the notice above shall be made if the appropriate notice
period is not given. Provided that employment may be terminated by part of the
period of notice specified and part payment in lieu
thereof.
4.4.4.2
Notice for Technological Change - This subclause sets out the notice provisions
to be applied to terminations by the employer for reasons arising from
"technology" in accordance with
4.4.2.1(a).
4.4.4.2
(a) In order to terminate the employment of an employee the employer shall give
to the employee 3 months notice of
termination.
4.4.4.2
(b) Payment in lieu of the notice above shall be made if the appropriate notice
period is not given. Provided that employment may be terminated by part of the
period of notice specified and part payment in lieu
thereof.
4.4.4.2
(c) The period of notice required by this subclause to be given shall be deemed
to be service with the employer for the purposes of the
Long
Service Leave Act,
1955, the
Annual
Holidays Act, 1944,
or any Act amending or replacing either of these
Acts.
4.4.4.3
Time Off During the Notice
Period
4.4.4.3
(a) During the period of notice of termination given by the employer an employee
shall be allowed up to one day's time off without loss of pay during each week
of notice, to a maximum of 5 weeks, for the purposes of seeking other
employment.
4.4.4.3
(b) If the employee has been allowed paid leave for more than one day during the
notice period for the purpose of seeking other employment, the employee shall,
at the request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time
absent.
4.4.4.4
Employee Leaving During the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled to
payment in lieu of
notice.
4.4.4.5
Statement of Employment - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification of or the type of work performed by the
employee.
4.4.4.6
Employment Separation Certificate - The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an "Employment Separation Certificate" in the form provided by
Centrelink
4.4.4.7
Transfer to Lower Paid Duties - Where an employee is transferred to lower paid
duties for reasons set out in clause 4.4.2 of this award, the employee shall be
entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee's employment had been terminated, and the
employer may at the employer's option make payment in lieu thereof of an amount
equal to the difference between the former ordinary time rate of pay and the new
ordinary time rates for the number of weeks of notice still
owing.
4.4.5
Severance
Pay
4.4.5.1
Amounts - Where an employee is to be terminated pursuant to subclause 4.4.4, the
employer shall pay the following severance pay in respect of a continuous period
of
service:
4.4.5.1
(a) If an employee is under 45 years of age, the employer shall pay in
accordance with the following
scale:
Years
of Service
|
Under
45 Years of Age Entitlement
|
Less
than 1 year
|
Nil
|
1 year
and less than 2 years
|
4
weeks
|
2
years and less than 3 years
|
7
weeks
|
3
years and less than 4 years
|
10
weeks
|
4
years and less than 5 years
|
12
weeks
|
5
years and less than 6 years
|
14
weeks
|
6
years and over
|
16
weeks
|
4.4.5.1
(b) Where an employee is 45 years old or over, the entitlement shall be in
accordance with the following
scale:
Years
of Service
|
45
Years of Age and Over Entitlement
|
Less
than 1 year
|
Nil
|
1 year
and less than 2 years
|
5
weeks
|
2
years and less than 3 years
|
8.75
weeks
|
3
years and less than 4 years
|
12.5
weeks
|
4
years and less than 5 years
|
15
weeks
|
5
years and less than 6 years
|
17.5
weeks
|
6
years and over
|
20
weeks
|
4.4.5.1
(c) "Weeks pay" means the all purpose rate of pay for the employee concerned at
the date of termination, and shall include, in addition to the ordinary rate of
pay, over award payments, shift penalties and
allowances.
4.4.5.2
Incapacity to Pay - Subject to an application by the employer and further order
of the Industrial Relations Commission, an employer may pay a lesser amount (or
no amount) of severance pay than that contained in subclause 4.4.5.1
above.
The
Commission shall have regard to such financial and other resources of the
employer concerned as the Industrial Relations Commission thinks relevant, and
the probable effect paying the amount of severance pay in subclause 4.4.5.1
above will have on the
employer.
4.4.5.3
Alternative Employment - Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 4.4.5.1
above if the employer obtains acceptable alternative employment for an
employee.
4.5 ABSENCE FROM DUTY
Unless
a provision of this award states otherwise (e.g. sick leave), an employee not
attending for duty will lose their pay for the actual time of such
non-attendance.
4.6 STANDING DOWN EMPLOYEES
Summary
The
employer has the right to stand down an employee without pay in certain
circumstances.
The
employer has the right to deduct payment for any day the employee cannot be
usefully employed because of any strike or through any breakdown in machinery or
any stoppage of work by any cause for which the employer cannot reasonably be
held responsible.
4.7 ABANDONMENT OF EMPLOYMENT
Summary
This
clause describes the circumstances which amount to abandonment of employment by
an
employee.
The
absence of an employee from work for a continuous period exceeding three working
days without the consent of the employer and without notification to the
employer shall be prima facie evidence that the employee has abandoned their
employment.
Provided
that if within a period of 14 days from their last attendance at work or the
date of their last absence in respect of which notification has been given or
consent has been granted an employee has not established to the satisfaction of
the employer that they were absent for reasonable cause, they shall be deemed to
have abandoned their
employment.
Termination
of employment by abandonment in accordance with this subclause shall operate as
from the date of the last attendance at work or the last day's absence in
respect of which consent was granted, or the date of the last absence in respect
of which notification was given to the employer, whichever is the
later.
4.8 PAY SLIPS AND EMPLOYER RECORDS
4.8.1
Pay Slips - Section 123 of the
Industrial
Relations Act 1996
(NSW) (the Act) requires that when an employer pays remuneration to an employee,
the employer must supply the employee with written particulars regarding the
payment. The section enables an employer, with the approval of the Industrial
Registrar, to make different arrangements for the supply of information about
remuneration.
Note:
The written particulars required by the Act, as set out in clause 7 of the
Industrial
Relations (General) Regulation
2001, are subject
to change from time to time and are repeated here for convenience
only.
Clause
7 - Particulars of remuneration to be supplied to
employees.
(1)
For the purposes of section 123 of the Act, the following written particulars
are to be supplied by the employer to an employee when remuneration is paid to
the
employee:
(a)
the name and Australian Business Number of the
employer,
(b)
the name of the
employee,
(c)
if the remuneration of the employee is set by an industrial instrument the
classification of the employee under that
instrument,
(d)
the date on which the payment was
made,
(e)
the period of employment to which the payment
relates,
(f)
the gross amount of remuneration (including overtime and other
payments),
(g)
the amount paid as overtime or such information as will enable the employee to
calculate the amount paid as
overtime,
(h)
the amount deducted for taxation
purposes,
(i)
the amount deducted as employee contributions for superannuation
purposes,
(j)
the particulars of all other
deductions,
(k)
the net amount
paid.
4.8.2
Employer Records - Section 129 of the
Industrial
Relations Act 1996
(NSW) (the Act) requires that an employer must ensure that certain records are
kept in relation to employees of the
employer.
Note:
The records required by the Act, as set out in Division 2 - Employers records,
of Part 4 of the Industrial Relations (General) Regulation 2001, are subject to
change from time to time and are summarised here for convenience
only.
Clause
9 - Content of records -
General
(1)
The prescribed records relating to an employee must contain the following
particulars:
(a)
the full name of the
employer,
(b)
Australian Business Number of the
employer,
(c)
the full name of the
employee,
(d)
if any conditions of employment of the employee are set by an industrial
instrument the classification of the employee under that
instrument,
(e)
whether the employee is employed full-time or
part-time,
(f)
whether the employee is employed on a permanent, temporary or casual
basis,
(g)
if the employee is an apprentice or trainee within the meaning of the
Industrial
and Commercial Training Act
1989 the date the
person became such an apprentice or
trainee,
(h)
the date on which the employee was first employed with the
employer,
(i)
if the employee's employment is terminated the date of
termination.
Clause
10 - Content of records - Remuneration And Hours
Worked
10(1)
(Particulars re remuneration) The prescribed records relating to an employee
must contain the following particulars concerning the remuneration paid and
hours worked by the
employee:
(a)
if the relevant industrial instrument prescribes the number of hours to be
worked per week, day or other period the number of hours worked by the employee
during each such
period,
(b)
if the relevant industrial instrument limits the daily hours of work and
provides for the payment of daily overtime the number of hours worked by the
employee during each day and the times of starting and ceasing
work,
(c) if
the relevant industrial instrument prescribes a weekly, daily, hourly or other
period rate of remuneration the rate of remuneration per week, day, hour or
other period at which the employee is
paid,
(d) if
the relevant industrial instrument prescribes piece-work the number and
description of pieces made by the employee and the rate per piece at which the
employee is
paid,
(e)
the gross amount of remuneration paid to the employee, showing the deductions
made from that
remuneration,
(f)
such other particulars as are necessary to show that the requirements of the
relevant industrial instrument relating to remuneration paid and hours worked
are being complied
with.
10(2)
(Remuneration defined) In this clause, remuneration includes overtime and other
payments.
Clause
11 - Content of records -
Leave
(1)
The prescribed records relating to an employee must contain the following
particulars about leave of any kind to which the employee is entitled under the
industrial relations legislation or an industrial
instrument:
(a)
the leave taken by the
employee,
(b)
the employee's entitlement from time to time to that
leave,
(c)
accrual of
leave.
Clause
12 - Content of records - Superannuation
Contributions
12(1)
(Particulars re superannuation) The prescribed records relating to an employee
must contain the following particulars about any superannuation contributions
that the employer must make for the benefit of the employee under an industrial
instrument:
(a) the amount of the contributions made,
(b) the period over which the contributions are made,
(c) when the contributions are made,
(d) the name of the fund or funds to which the contributions were made,
(e) the basis on which the employer became liable to make the contributions (including particulars of any relevant election by the employee).
12(2)
(Certain particulars not required) The particulars referred to in subclause
(1)(a) (c) are not required in the case of contributions to a defined benefit
superannuation fund within the meaning of the Occupational Superannuation
Standards Regulations of the
Commonwealth.
Clause
13 - Manner and form of keeping
records
13(1)
(Prescribed records in English) The prescribed records must be:
(a) in legible form in the English language, or
(b) in computerised or other form that is readily accessible and is convertible into a legible form in the English language.
13(2)
(Enabling inspection) For the purposes of enabling an inspector or other person
to exercise any power conferred by the Act to inspect any records kept in the
form referred to in subclause (1)(b), the relevant part of the records are to be
converted into legible form in the English
language.
Clause
14 - Transfer of records to successor
employers
(1)
This clause applies to the transfer of records kept by an employer (the former
employer) relating to a transferred employee (as defined in section 101 of the
Act) to the successor of the employer (the new
employer).
(2)
The former employer must transfer to the new employer all prescribed records
relating to the transferred employee that, at the date of transfer, the former
employer is required to keep under section 129 of the
Act.
(3) The
new employer is to keep those transferred records as if they had been mead by
the new employer at the time they were made by the former
employer.
(4)
The former employer is required to keep a copy of the transferred records for a
period of at least 6 years after those records were
made.
(5)
The new employer is not required to make records of anything occurring in the
course of the transferred employee's employment with the former
employer.
4.9 RIGHT OF ENTRY
See
Part 7 of Chapter 5 of the
Industrial
Relations Act 1996
(NSW).
4.10 AWARD TO BE POSTED
Section
361 of the
Industrial
Relations Act 1996
(NSW) requires that an employer of employees whose conditions of employment at
any premises are affected by this award must cause a copy of this award to be
exhibited in a conspicuous place at those premises.
4.11 SHOP STEWARDS AND NOTICE BOARD
4.11.1
Shop
Stewards
4.11.1
(a) An employee appointed shop steward in the shop or department in which he/she
is employed shall upon notification thereof to his/her employer, be recognised
as the accredited representative of the union to which he/she belongs. An
accredited shop steward shall be allowed the necessary time during working hours
to interview the employer or his/her representative on matters affecting
employees whom he/she
represents.
4.11.1
(b) Subject to the prior approval of the employer an accredited shop steward
shall be allowed at a place designated by the employer a reasonable period of
time during working hours to interview a duly accredited union official of the
union to which he/she belongs on legitimate union
business.
1.
Notice Board - The employer shall permit a notice board of reasonable dimensions
to be erected in a prominent position in his/her plant or in separate buildings
in each plant so that it will be reasonably accessible to all his/her employees
working under the award. Accredited union representatives shall be permitted to
put on the notice board or boards, union notices, signed or countersigned by the
representative posting it. Any notice posted on such board not so signed or
countersigned may be removed by an accredited union representative or by the
employer.
4.12 DEDUCTION OF UNION MEMBERSHIP FEES
4.12.1
The employer shall deduct Union membership fees (not including fines or levies)
from the pay of any employee, provided
that:
(a)
the employee has authorised the employer to make such deductions in accordance
with subclause 4.12.2
herein;
(b)
the Union shall advise the employer of the amount to be deducted for each pay
period applying at the employer's workplace and any changes to that
amount;
(c)
deduction of Union membership fees shall only occur in each pay period in which
payment has or is to be made to an employee;
and
(d)
there shall be no requirement to make deductions for casual employees with less
than two months' service (continuous or
otherwise).
4.12.2
The employee's authorisation shall be in writing and shall authorise the
deduction of an amount of Union fees (including any variation in that fee
effected in accordance with the Union's rules) that the Union advises the
employer to deduct. Where the employee passes any such written authorisation to
the Union, the Union shall not pass the written authorisation on to the employer
without first obtaining the employee's consent to do so. Such consent may form
part of the written
authorisation.
4.12.3
Monies so deducted from employees' pay shall be remitted to the Union on either
a weekly, fortnightly, monthly or quarterly basis at the employer's election,
together with all necessary information to enable the reconciliation and
crediting of subscriptions to employees' membership accounts, provided
that:
(a)
where the employer has elected to remit on a weekly or fortnightly basis, the
employer shall be entitled to retain up to five per cent of the monies deducted;
and
(b)
where the employer has elected to remit on a monthly or quarterly basis, the
employer shall be entitled to retain up to 2.5 per cent of the monies deducted.
4.12.4 Where an employee has already authorised the deduction of Union
membership fees in writing from his or her pay prior to this clause taking
effect, nothing in this clause shall be read as requiring the employee to make a
fresh authorisation in order for such deductions to commence or
continue.
4.12.5
The Union shall advise the employer of any change to the amount of membership
fees made under its rules, provided that this does not occur more than once in
any calendar year. Such advice shall be in the form of a schedule of fees to be
deducted specifying either weekly, fortnightly, monthly or quarterly, as the
case may be. The Union shall give the employer a minimum of two months' notice
of any such
change.
4.12.6
An employee may at any time revoke in writing an authorisation to the employer
to make payroll deductions of Union membership
fees.
4.12.7
Where an employee who is a member of the Union and who has authorised the
employer to make payroll deductions of Union membership fees resigns his or her
membership of the Union in accordance with the rules of the Union, the Union
shall inform the employee in writing of the need to revoke the authorisation to
the employer in order for payroll deductions of Union membership fees to
cease.
4.12.8
The above variations shall take
effect:
(a)
In the case of employers who currently deduct Union membership fees, or whose
payroll facilities are carried out by way of an outsourcing arrangement, or
whose payroll calculations are made through the use of computerised means, from
the beginning of the first full pay period to commence on or after 13 August
2003;
(b) In
the case of employers who do not fall within paragraph (a) above, but who
currently make deductions other than Union membership fee deductions or
mandatory deductions (such as for taxation instalments or superannuation
contributions) from employees' pay, or have in place facilities to make such
deductions, from the beginning of the first full pay period to commence on or
after 13 November
2003;
(c)
For all other employers, from the beginning of the first full pay period to
commence on or after 13 February
2004.
PART
5 - RATES OF PAY AND RELATED MATTERS
5.1
CLASSIFICATIONS AND RATES OF
PAY
5.1.1
Rates Of Pay For Adult
Employees
5.1.1(a)
Adult employees, other than those specified in 5.1.1(b), shall be entitled to
receive the award rate of pay for the relevant classification as set out in the
table in
5.1.1(c).
5.1.1(b)
The following adult employees are not entitled to receive the award rate of pay
set out in the table in
5.1.1(c):
Apprentices
and Adult Apprentices (as defined) (refer to Clauses 5.3 and
5.4);
Employees
receiving a supported wage (refer to Clause
5.8);
Trainees
(refer to Clause
5.6);
5.1.1(c)
Schedule of Rates of Pay
Wage
Group
|
Base
Rate Per Week
|
Supplementary
Payment Per Week
|
SWC
Adjustments
|
Weekly
Award Rate
|
Hourly
Rate
|
|
$
|
$
|
$
|
$
|
$
|
Level
C14
|
284.80
|
40.60
|
159.00
|
484.40
|
12.75
|
Level
C13
|
299.50
|
42.60
|
159.00
|
501.10
|
13.19
|
Level
C12
|
319.20
|
45.40
|
159.00
|
523.60
|
13.78
|
Level
C11
|
337.40
|
48.10
|
159.00
|
544.50
|
14.33
|
Level
C10
|
365.20
|
52.00
|
161.00
|
578.20
|
15.22
|
Level
C9
|
383.50
|
54.60
|
161.00
|
599.10
|
15.77
|
Level
C8
|
401.70
|
57.20
|
161.00
|
619.90
|
16.31
|
Level
C7
|
420.00
|
59.80
|
159.00
|
638.80
|
16.81
|
Level
C6
|
456.50
|
65.00
|
159.00
|
680.50
|
17.91
|
Level
C5
|
474.80
|
67.60
|
159.00
|
701.40
|
18.46
|
Level
C4
|
493.00
|
70.20
|
159.00
|
722.20
|
19.01
|
Level
C3
|
529.50
|
75.40
|
159.00
|
763.90
|
20.10
|
Level
C2(a)
|
547.80
|
78.00
|
159.00
|
784.80
|
20.65
|
Level
C2(b)
|
584.30
|
83.20
|
155.00
|
822.50
|
21.64
|
Level
C1(a)
|
657.40
|
93.60
|
155.00
|
906.00
|
23.84
|
Level
C1(b)
|
766.90
|
109.20
|
155.00
|
1031.10
|
27.13
|
5.1.1(d)
State Wage Case
Adjustments
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 overaward payments,
and/or
(ii)
award wage increases since 29 May 1991 other than safety net, State Wage Case,
and minimum rates
adjustments.
5.1.1(e)
Phasing in of Wage Rates of Employees without relevant Work Experience - An
employee who possesses the appropriate level of academic qualifications and who
otherwise meets the requirements of the relevant classification definition but
who is without prior experience in the metal and engineering industry or other
relevant work experience shall be paid in accordance with the following
formula:
Qualification
|
Years
of Relevant
|
% of
Relevant Work
|
Experience
|
Rate
of Pay
|
|
|
|
|
Advanced
Certificate
|
0
|
77% of
C5 Rate
|
or
National Diploma
|
1
|
85% of
C5 Rate
|
|
2
|
96% of
C5 Rate
|
|
3
|
100%
of C5 Rate
|
Associate
Diploma
|
0
|
72% of
C3 Rate
|
or
National Advanced
|
1
|
79% of
C3 Rate
|
Diploma
|
2
|
89% of
C3 Rate
|
|
3
|
93% of
C3 Rate
|
|
4
|
100%
of C3 Rate
|
5.1.1(f)
For the purposes of this clause, any entitlement to wages expressed to be by the
week shall mean any entitlement which an employee would receive for performing
38 hours of
work.
5.1.2
Classification Definitions - The definitions of the classifications for each of
the wage levels referred to in 5.1.1(c) are set out in Schedule
A.
5.1.3
Procedure For Classifying Employees
-
5.1.3(a)
The procedures for reclassifying employees under this award are set out in the
National Metal and Engineering Competency Standards Implementation Guide
distributed by the Manufacturing, Engineering and Related Services Industry
Training Advisory
Body.
5.1.3(b)
Without detracting from any of the processes set out in 5.1.3(e), any disputes
in relation to classification or reclassification, including disputes relating
to the terms of the National Metal and Engineering Competency Standards
Implementation Guide, shall be handled in accordance with the Dispute Resolution
Procedure in clause 3.2 of this
award.
5.1.3(c)
(i) It shall be a term of the award that where there is agreement to implement
the standards at the enterprise, or in the event that the classification of an
employee is called into question, the issue shall be settled by the application
of competency standards in accordance with this clause and the National Metal
and Engineering Competency Standards Implementation Guide or by reference to the
minimum training requirement in the relevant classification definition, except
as provided in paragraphs (ii) (iii) and (iv)
below.
(ii)
Where the employee has a relevant qualification recognised as a minimum training
requirement for the level at which the employee seeks to be classified and
he/she is exercising or will be required to exercise the skills and knowledge
gained from that qualification necessary for that level of work the employee
shall be classified appropriately. It is up to the employer to demonstrate
reasons for a qualification that is a recognised minimum training requirement
not being regarded as relevant for an employee's work. Any disputes which cannot
be resolved at the enterprise level over the application of this clause in the
first instance are to be referred to the Committee prescribed in 5.1.3(e)(i) of
this
award.
(iii)
Where skill standards have not been finalised in respect of any class of work,
and this is necessary for determining an employee's classification, employees
performing such work shall not be reclassified until such standards are
available except as provided for in paragraphs (ii) and (iv) of this
subclause.
(iv)
Where the situation described in paragraph (iii) above applies, but not under
any other circumstances, an employee may be reclassified on the basis that the
employee meets the requirements of the classification definitions prescribed in
Schedule A of this
Award.
(v)
All employees engaged under the award at the relevant classification levels
shall be subject to the metal and engineering competency
standards.
5.1.3(d)
Other provisions to be followed where competency standards are being implemented
in an
enterprise:
(i)
Management and employee representatives responsible for oversighting the
implementation of competency standards within enterprises shall be given access
to briefing and/or training courses on the standards prior to
implementation.
(ii)
Such briefings/training courses on the metal and engineering competency
standards and Implementation Guide should be approved by the Manufacturing
Engineering and Related Services Industry Training Advisory Body (MERISTAB).
These briefings/training courses can be either a joint briefing delivered by the
parties or by one party with the approval of other relevant parties at the
enterprise or an approved course delivered by a MERSITAB recognised provider
with the approval of the relevant parties at the enterprise level. The above
does not exclude the delivery of additional training or advice by the parties or
the MERSITAB to
enterprises.
5.1.3(e)
Facilitation of
Implementation
(i)
A Committee to facilitate the implementation of standards, chaired by an
independent agreed chairperson and consisting of the relevant employer and union
parties to the award shall meet as required to monitor the implementation of
standards until 30 June 2001. The Executive Officer of the Manufacturing,
Engineering and Related Services Industry Training Advisory Body shall also be a
member of the Committee. The need for the Committee shall be reviewed before 30
June 2001. The Committee will be responsible for: monitoring implementation;
dealing with any major implementation problems including the application of
points; refinement of the standards in respect of their use within the award;
any variation to, or dispute over, the National Metal and Engineering Competency
Standards Implementation Guide in the light of experience during the
implementation process; and co-ordinating any further advice to
enterprises.
In
dealing with any major problems the Committee may:
• request national officials of the relevant industry parties to meet immediately to attempt to resolve the concerns;
• make arrangements for an assessment and report by experts representing the relevant industry parties.The Committee would then consider the report of the experts and agree on a course of action to resolve the concerns;
• recommend that implementation be suspended in an enterprise or enterprises whilst the Committee deals with the issues of concern.
(ii)
Where necessary an application may be made to the Industrial Committee as set
out in subclause 5.1.3(g) for the purpose of resolving any disputes or
difficulty or likely dispute or difficulty in relation to the implementation of
competency standards either at the industry or enterprise
level.
(iii)
During the period of operation of the Committee established under subparagraph
5.1.3(e)(i), if any problem arises in relation to implementation of the
standards at the enterprise level which cannot be resolved by the parties at
that level then it shall be referred to that Committee. If resolution is not
achieved, the matter will be referred to the Industrial Committee as set out in
subparagraph
5.1.3(e)(ii).
Notwithstanding
the above, the rights of any party to pursue whatever other course of action is
available under the
Industrial
Relations Act 1996
remains
available.
5.1.3(f)
Points - The points to be assigned to the classification levels under the award
shall be:
Award
Classification
|
Level
Recommended Points
|
|
|
C14
|
-
|
C13
|
-
|
C12
|
...32
|
C11
|
...64
|
C10
|
...96
|
C9...
|
12
additional points above C10
|
C8...
|
24
additional points above C10
|
C7...
|
36
additional points above C10
|
C6...
|
48
additional points above C10
|
C5
|
60
additional points above C10
|
C4...
|
Standards
and points to be finalised
|
C3...
|
Standards
and points to be finalised
|
C2a
|
Standards
and points to be finalised
|
C2b
|
Standards
and points to be finalised
|
C1a
|
Standards
and points to be finalised
|
C1b
|
Standards
and points to be finalised
|
and
in accordance with Table 2 in the National Metal and Engineering
Competency
Standards
Implementation
Guide.
5.1.3(g)
Industrial Committee - Competency Standards Implementation Notwithstanding the
provisions of this clause, an application may be made to the Industrial
Committee for the purpose of resolving any dispute or difficulty or likely
dispute or difficulty in relation to the implementation of competency standards
either at the industry or enterprise
level.
5.1.4
Mixed Functions - An employee engaged for more than two hours during one day or
shift on duties carrying a higher rate than his or her ordinary classification
shall be paid the higher rate for such day or shift. If for two hours or less
during one day or shift he or she shall be paid the higher rate for the time so
worked.
5.2 TRAINING
5.2.1
Following proper consultation in accordance with clause 3.1, which may include
the establishment of a training committee, an employer shall develop a training
program consistent with:
• the current and future skill needs of the enterprise;
• the size, structure and nature of the operations of the enterprise;
• the need to develop vocational skills relevant to the enterprise and the industry through courses conducted by accredited institutions and providers.
5.2.2
Where it is agreed that a training committee be established it shall include
employer and employee representatives. The role of the training committee shall
be clearly set out and shall include:
• formulating a training program including available training courses and career opportunities;
• recommending individual employees for training and reclassification; and
• monitoring and advising management and employees regarding the on-going effectiveness of the training.
5.2.3
(a) Where as a result of the consultation referred to at subclause 5.2.1,
including with the employee concerned, it is agreed that additional training
should be undertaken by an employee, that training may be undertaken either on
or off the job. If the training is undertaken during ordinary working hours, the
employee concerned shall not suffer any loss of pay. The employer shall not
unreasonably withhold such paid training leave. This shall not prevent the
employer and employee(s) agreeing to paid leave for other relevant
training.
5.2.3
(b) Any costs associated with standard fees for prescribed courses and
prescribed textbooks (excluding those textbooks which are available in the
employer's technical library) incurred in connection with the undertaking of
training shall be reimbursed by the employer upon production of evidence of such
expenditure. Provided that reimbursement may be on an annual basis subject to
the presentation of reports of satisfactory
progress.
5.2.3
(c) Travel costs incurred by an employee undertaking training in accordance with
this subclause which exceed those normally incurred in travelling to and from
work shall be reimbursed by the employer.
5.3 APPRENTICE RATES OF PAY
5.3
Apprentice Rates of
Pay
5.3.1
Except as provided for in clause 5.4, Adult Apprentices, the weekly wage rate
for apprentices shall be as
follows:
Column
1
|
Column
2
|
Column
3
|
Column
4
|
Column
5
|
|
|
|
|
|
4 year
terms apprenticeship
|
Percentage
of Column 3 %
|
C10
Weekly Award Rate $
|
Total
rate per week $
|
Hourly
Rate $
|
|
|
|
|
|
First
Year
|
42
|
578.20
|
242.80
|
6.39
|
Second
Year
|
55
|
578.20
|
318.00
|
8.37
|
Third
Year
|
75
|
578.20
|
433.70
|
11.41
|
Fourth
Year
|
88
|
578.20
|
508.80
|
13.39
|
5.4 ADULT APPRENTICES
5.4.1
Where a person was employed by an employer under this award immediately prior to
becoming an adult apprentice (as defined) with that employer, such person shall
not suffer a reduction in the rate of pay by virtue of becoming
indentured.
5.4.2
For the purpose only of fixing a rate of pay the adult apprentice (as defined)
shall continue to receive the rate of pay that applies to the classification or
class of work specified in clause 5.1 in which the adult apprentice (as defined)
was engaged immediately prior to entering into the contract of
indenture.
5.4.3
Subject to subclauses 5.4.1 and 5.4.2, the minimum rate of pay of an adult
apprentice (as defined) shall be the
following:
Table
1 - Adult Apprentice Rates of Pay
Year
of Apprenticeship
|
Total
Weekly Rate $
|
|
|
First
|
406.00
|
Second
|
484.40
|
Third
|
501.10
|
Fourth
|
523.60
|
5.4.4
The rates prescribed in the table in 5.4.3 are based on the following Metal,
Engineering and Associated Industries (State) Award classifications except where
indicated:
Year
of Apprenticeship
|
Award
Reference Metal Trades (Training Wage) Traineeship Skill Level B exit rate
(State) Award
|
|
|
2
|
C14
|
3
|
C13
|
4
|
C12
|
5.5 UNAPPRENTICED JUNIOR RATES OF PAY
5.5
Unapprenticed Junior Rates of
Pay
5.5.1(a)
Unapprenticed
Juniors
The
minimum weekly wage rates for Unapprenticed Juniors shall be as
follows:
Column
1
|
Column
2
|
Column
3
|
Column
4
|
|
|
|
|
Years
of Age
|
Percentage
of Column 3 %
|
C13
Weekly Award Rate $
|
Total
Rate per week $
|
|
|
|
|
Under
16 years of age
|
36.8
|
501.10
|
184.40
|
At 16
years of age
|
47.3
|
501.10
|
237.00
|
At 17
years of age
|
57.8
|
501.10
|
289.60
|
At 18
years of age
|
68.3
|
501.10
|
342.30
|
At 19
years of age
|
82.5
|
501.10
|
413.40
|
At 20
years of age
|
97.7
|
501.10
|
489.60
|
A
junior employee of 18 years of age or more shall be paid 37 cents per week in
addition to the rates prescribed herein whilst they are employed as a furnace
person or assistant to a furnace
person.
5.5.1(b)
Unapprenticed Juniors
(Foundaries)
The
minimum weekly wage rates for Unapprenticed Juniors (Foundaries) shall be as
follows:
Column
1
|
Column
2
|
Column
3
|
Column
4
|
|
|
|
|
Years
of Age
|
Percentage
of Column 3 %
|
C13
Weekly Award Rate $
|
Total
Rate per week $
|
|
|
|
|
Under
16 years of age
|
36.8
|
501.10
|
184.40
|
At 16
years of age
|
47.3
|
501.10
|
237.00
|
At 17
years of age
|
68.3
|
501.10
|
342.30
|
At 18
years of age
|
83.0
|
501.10
|
415.90
|
At 19
years of age
|
98.8
|
501.10
|
495.10
|
5.6 TRAINEE RATES OF PAY
Refer
to the Metal Trades (Training Wage) (State) Award (286 I.G. 154), as varied, for
rates of pay and conditions of employment for trainees.
5.7 PAYMENT BY RESULTS
An
employer may remunerate any employees under any system of payment by results
based on rates which will enable employees of average capacity to earn at least
the award rate for the relevant classification provided that they shall not earn
less than the rate of pay applicable to classification level C14.
5.8 SUPPORTED WAGE SYSTEM FOR PEOPLE WITH DISABILITIES
5.8.1
Workers Eligible for a Supported Wage - This clause defines the conditions that
will apply to employees who, because of the effects of a disability, are
eligible for a supported wage under the terms of this award. In the context of
this clause, the following definitions will
apply:
5.8.1
(i) "Supported Wage System" means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a
disability, as documented in "Supported Wage System: Guidelines and Assessment
Process".
5.8.1
(ii) "Accredited Assessor" means a person accredited by the management unit
established by the Commonwealth under the Supported Wage System to perform
assessments of an individual's productive capacity within the Supported Wage
System.
5.8.1
(iii) "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,
or any successor to that
scheme.
5.8.1
(iv) "Assessment Instrument" means the form provided for under the Supported
Wage System that records the assessment of the productive capacity of the person
to be employed under the Supported Wage
System.
5.8.2
Eligibility Criteria - Employees covered by this clause will be those who are
unable to perform the range of duties to the competence level required within
the class of work for which the employee is engaged under this award, because of
the effects of a disability on their productive capacity and who meet the
impairment criteria test for a Disability Support
Pension.
This
clause does not apply to any existing employee who has a claim against the
employer that is subject to the provisions of workers compensation legislation
or any provision of this award relating to the rehabilitating of employees who
are injured in the course of their
employment.
This
clause also does not apply to employers in respect of their facility, programme,
undertaking, service or the like which receives funding under the
Disability
Services Act 1986
and fulfils the dual role of service provider and sheltered employer to people
with disabilities who are in receipt of, or are eligible for, a Disability
Support Pension, except with respect to an organisation which has received
recognition under section 10 or section 12A of the Act, or if a part only has
received recognition, that
part.
5.8.3
Supported Wage Rates - Employees to whom this clause applies shall be paid the
applicable percentage of the minimum rate of pay prescribed by this award for
the class of work that the person is performing, according to the following
schedule:
Assessed
Capacity (subclause (d))
|
% of
prescribed award rate
|
|
|
10%*
|
10
|
20%
|
20
|
30%
|
30
|
40%
|
40
|
50%
|
50
|
60%
|
60
|
70%
|
70
|
80%
|
80
|
90%
|
90
|
(Provided
that the minimum amount payable shall be not less than $61.00 per
week).
*Where
a person's assessed capacity is 10 per cent, they shall receive a high degree of
assistance and
support.
5.8.4
Assessment of Capacity - For the purpose of establishing the percentage of the
award rate to be paid to an employee under this award, the productive capacity
of the employee will be assessed in accordance with the Supported Wage System
and documented in an assessment instrument, by
either:
5.8.4
(i) the employer and a union party to the award, in consultation with the
employee or, if desired, by any of
these;
5.8.4
(ii) the employer and an accredited assessor from a panel agreed by the parties
to the award and the
employee.
5.8.5
Lodgment of Assessment
Instrument
5.8.5
(i) All assessment instruments under the conditions of this clause, including
the appropriate percentage of the award wage to be paid to the employee, shall
be lodged by the employer with the Registrar of the Australian Industrial
Relations
Commission.
5.8.5
(ii) All assessment instruments shall be agreed and signed by the parties to the
assessment; provided that where a union which is a party to the award is not a
party to the assessment, it shall be referred by the Registrar to the union by
certified mail and shall take effect, unless an objection is notified to the
Registrar within ten working
days.
5.8.6
Review of Assessment - The assessment of the applicable percentage should be
subject to annual review or earlier on the basis of a reasonable request for
such a review. The process of review shall be in accordance with the procedures
for assessing capacity under the Supported Wage
System.
5.8.7
Other Terms and Conditions of Employment - Where an assessment has been made,
the applicable percentage shall apply to the wage rate only. Employees covered
by the provisions of this clause will be entitled to the same terms and
conditions of employment as all other workers covered by this award paid on a
pro rata
basis.
5.8.8
Workplace Adjustment - An employer wishing to employ a person under the
provisions of this clause shall take reasonable steps to make changes in the
workplace to enhance the employee's capacity to do the job. Changes may involve
re-design of job duties, working time arrangements and work organisation in
consultation with other workers in the
area.
5.8.9
Trial
Period
5.8.9
(i) In order for an adequate assessment of the employee's capacity to be made,
an employer may employ a person under the provisions of this subclause for a
trial period not exceeding 12 weeks, except that in some cases additional work
adjustment time (not exceeding four weeks) may be
needed.
5.8.9
(ii) During the trial period, the assessment of capacity shall be undertaken and
the proposed wage rate for a continuing employment relationship shall be
determined.
5.8.9
(iii) The minimum amount payable to the employee during the trial period shall
be no less than $45.00 per
week.
5.8.9
(iv) Work trials should include induction or training as appropriate to the
completion of the trial period; a further contract of employment shall be
entered into based on the outcome of assessment under subclause 5.8.4
above.
5.9 ALLOWANCES AND SPECIAL RATES
5.9.1
All-purpose Allowances - The following allowances shall apply for all purposes
of the
award.
5.9.1(a)
Leading Hands - Leading hands in charge of three or more people shall receive
the relevant amount as set out in Item 1 of
5.9.1(f).
5.9.1(b)
Ship Repairing - Employees engaged on ship repairs shall be paid the additional
amounts as set out in Item 2 of
5.9.1(f).
5.9.1(c)
Multi-Storey Building - An employee, other than an apprentice or a junior,
engaged on new construction work in a multi-storey building (as defined) shall
be paid an amount set out in Item 3 of 5.9.1(f). Where such work is performed
for part of a day or shift the provisions of subclause 5.1.4 - Mixed Functions,
shall
apply.
The
provisions of 5.9.3(h) Height Money and of 5.9.3(e) - Wet Places, shall not
apply to employees paid the multi-storey building
allowance.
Apprentices
shall receive a proportion of this allowance in accordance with the appropriate
percentage ratio set out in subclause
5.3.1.
5.9.1(d)
Tool Allowance - Tradespersons and Apprentices
-
(i) Except
as provided elsewhere in this sub-paragraph tradespersons shall be paid an
allowance set out in Item 4 of 5.9.1(f) for supplying and maintaining tools
ordinarily required in the performance of their work as
tradespersons.
(ii)
This allowance shall apply to apprentices on the same percentage basis as set
out in subclause 5.3.1 of this
award.
(iii)
An employer shall provide for the use of tradespersons or apprentices all
necessary power tools, special purpose tools, precision measuring instruments
and, for sheet metal workers, snips used in the cutting of stainless steel,
monel metal and similar hard
metals.
(iv)
Tradespersons or apprentices shall replace or pay for any tools supplied by
their employer which are lost as a result of negligence on the part of the
employee.
5.9.1(e)
Trainer/Supervisor/Co-ordinator – Technical - A
Trainer/Supervisor/Co-ordinator Technical is an employee who is responsible
primarily for the exercise of skills in technical fields as defined, up to the
level of his/her skill and competence and who is additionally involved in the
supervision/training of other technical employees. Such an employee shall
receive not less than 107% of the rate of pay applicable to the employee's
technical
classification.
5.9.1(f)
All-purpose Allowances
Item
No.
|
Clause
No.
|
Brief
Description
|
Amount
$
|
|
|
|
|
1
|
5.9.1(a)
|
Leading
Hands in Charge of :
|
|
|
|
3-10
employees
|
25.30
per week
|
|
|
11-20
employees
|
37.80
per week
|
|
|
More
than 20 employees
|
48.10
per week
|
|
|
|
|
2
|
5.9.1(b)
|
Ship
Repairing
|
|
|
|
Tradespersons
|
11.50
per week
|
|
|
All
other employees
|
9.30
per week
|
|
|
|
|
3
|
5.9.1(c)
|
Multi-Storey
Building
|
18.20
per week
|
|
|
|
|
4
|
5.9.1.(d)
|
Tool
Allowance
|
12.40
per week
|
5.9.2
Other
Allowances
5.9.2(a)
Motor Allowance - Where an employee reaches agreement with their employer to use
their own motor vehicle on the employer's business, such employee shall be paid
an allowance as set out in Item 1 of
5.9.2(g).
5.9.2(b)
First Aid Allowance - 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's Ambulance or similar body shall be paid a weekly
allowance as set out in Item 2 of 5.9.2(g), if appointed by their employer to
perform first aid
duty.
5.9.2(c)
Meal Allowance - Refer to subclause 6.4.11, and Item 3 of
5.9.2(g).
5.9.2(d)
Compensation for Damage to Clothing, Spectacles, Hearing Aids and Tools -
Compensation must be made to the extent of the damage sustained where, in the
course of the work, clothing, spectacles, hearing aids or tools of trade are
damaged or destroyed by fire or molten metal or through the use of corrosive
substances. The employer's liability in respect of tools is limited to the tools
of trade that are ordinarily required for the performance of the employee's
duties. Compensation is not payable if an employee is entitled to workers'
compensation in respect of the
damage.
5.9.2(e)
Case Hardened Prescription Lenses - An employer who requires an employee to have
their prescription lenses case hardened shall pay for the cost of such case
hardening.
5.9.2(f)
Protective Clothing and Equipment Allowance - Where an employee is required to
wear protective clothing and equipment as stipulated by the relevant law
operating in the State, the employer must reimburse the employee for the cost of
purchasing such special clothing and equipment. The provisions of this paragraph
do not apply where the clothing and equipment is paid for by the
employer.
5.9.2(g)
Other Allowances
Item
No.
|
Clause
No.
|
Brief
Description
|
Amount
$
|
|
|
|
|
1
|
5.9.2(a)
|
Motor
Allowance
|
62
cents per km travelled
|
2
|
5.9.2(b)
|
First
Aid Allowance
|
11.50
per week
|
3
|
5.9.2(c)
5.9.4(b)(iv) & 6.4.11
|
Meal
Allowance
|
9.70
|
5.9.3
Special Rates Subject to subclauses 5.9.3(a) and (b), the following special
rates shall be paid to employees including apprentices and
juniors.
5.9.3(a)
Special Rates Not Cumulative - Where more than one of the disabilities set out
in subclause 5.9.3 entitles an employee to extra rates, the employer shall be
bound to pay only one rate, namely the highest rate for the applicable
disabilities.
This
does not apply in relation to cold places, hot places, wet places, confined
spaces, dirty work or height money, the rates for which are
cumulative.
5.9.3(b)
Special Rates are not Subject to Penalty Additions - The special rates in
subclause 5.9.3 shall be paid irrespective of the times at which the work is
performed, and shall not be subject to any premium or penalty
additions.
5.9.3(c)
Cold Places - An employee who works for more than one hour in places where the
temperature is reduced by artificial means below 0 degrees Celsius is entitled
to an amount as set out in Item 1 of 5.9.3(s). Where the work continues for more
than two hours an employee is entitled to a rest period of 20 minutes every two
hours without loss of
pay.
5.9.3(d)
Hot Places - An employee who works for more than one hour in the shade in places
where the temperature is raised by artificial means
to:
between
46 and 54 Celsius refer to Item 2 (i) of
5.9.3(s)
in
excess of 54 Celsius refer to Item 2 (ii) of
5.9.3(s)
Where
work continues for more than two hours in temperatures exceeding 54 Celsius,
employees shall be entitled to 20 minutes rest after every two hours work
without deduction of pay. The temperature shall be determined by the supervisor
after consultation with the employees who claim the extra
rate.
5.9.3(e)
Wet Places - An employee working in any place where their clothing or boots
become saturated by water, oil or another substance, shall be paid an extra
amount set out in Item 3 of 5.9.3(s). Any employee who becomes entitled to this
extra rate shall be paid such rate only for the part of the day or shift that
they are required to work in wet clothing or
boots.
This
extra rate is not payable to an employee who is provided by the employer with
suitable and effective protective clothing and/or
footwear.
5.9.3(f)
Confined Spaces - An employee working in a confined space (as defined) is
entitled to an amount as set out in Item 4 of 5.9.3(s) per hour
extra.
5.9.3(g)
Dirty Work - Where an employee and their supervisor agree that work (other than
ship repair work) is of an unusually dirty or offensive nature, refer to Item 5
(i) of
5.9.3(s).
Where
an employee and their supervisor agree that certain ship repair work is of an
unusually dirty or offensive nature, refer to Item 5 (ii) of
5.9.3(s).
5.9.3(h)
Height Money - Employees other than linespersons, linesperson's assistants,
riggers and splicers engaged in the construction, erection, repair and/or
maintenance as the case may be, of ships, steel frame buildings, bridges,
gasometers or other structures at a height in each case of 15 metres or more
directly above the nearest horizontal plane shall be entitled to an extra amount
set in Item 6 of
5.9.3(s).
5.9.3(i)
Meat Digesters and Oil Tanks - An employee working on repairs in oil tanks or
meat digesters is entitled an extra amount set in Item 7 of 5.9.3(s). Employees
engaged on such work for more than half of a day or shift are entitled to the
special rate for the whole day or
shift.
5.9.3(j)
Sanitary Works - An employee working in a Sanitary Works is entitled to an
amount as set out in Item 8 of 5.9.3(s) per hour
extra.
5.9.3(k)
Insulation Materials - Employee handling loose slag wool, loose insulwool or
other loose material of a like nature used for providing insulation against
heat, cold or noise shall when so employed on ship construction or ship
repairing or on the construction, repair or demolition of furnaces, walls,
floors and/or ceilings be paid an extra amount set in Item 9 of
5.9.3(s).
5.9.3(l)
Slaughtering Yards - An employee working in slaughtering yards is entitled to an
amount as set out in Item 10 of 5.9.3(s) per hour
extra.
5.9.3(m)
Boiler Repairs - An employee working on repairs to smoke-boxes, fire-boxes,
furnaces or flues of boilers, is entitled to an amount as set in Item 11 (i) of
5.9.3(s).
An
employee engaged on repairs to oil fired boilers, including the castings,
uptakes and funnels, or flues and smoke stacks is entitled to an amount as set
in Item 11 (ii) of 5.9.3(s) while working inside such a
boiler.
5.9.3(n)
Explosive Powered Tools - An employee required to use explosive powered tools
shall be paid a minimum payment set out in Item 12 of 5.9.3(s). Where an hourly
rate is required, it shall be calculated by dividing the rate by
7.6.
5.9.3(o)
Ships in Dock - An employee working under a ship in dock or slipway shall be
paid an amount set out in Item 13 of 5.9.3(s) extra where working on the removal
and/or bolting up of plates or in burning- off on those portions of a ship where
the height from the dock or shipway floor to the hull of the ship is less than
1.4
metres.
5.9.3(p)
Foundry
Allowance
(i)
An employee working in a foundry is entitled to a foundry allowance set out in
Item 14 of 5.9.3(s) for each hour worked to compensate for all disagreeable
features associated with foundry work including heat, fumes, atmospheric
conditions, sparks, dampness, confined spaces and
noise.
(ii)
The foundry allowance is payable in lieu of any payment otherwise due under this
clause.
(iii)
For the purpose of this allowance, foundry work shall
mean:
(1)
any operation in the production of castings by casting metal in mould made of
sand, loam, metal, moulding composition or other material or mixture of
materials, or by shall moulding, centrifugal casting or continuous casting;
and
(2)
where carried on as an incidental process in connection with and in the course
of production to which paragraph (1) of this definition applies, the preparation
of moulds and cores (but not in the making of patterns and dies in a separate
room), knock out processes and dressing operations: but shall not include any
operations performed in connection
with:
Non-ferrous
die casting (including gravity and
pressure);
Casting
of billets and/or ingots in metal
moulds;
Continuous
casting of metal into
billets;
Melting
of metal for use in
printing;
Refining
of
metal.
(iv)
Employees shall not be paid the foundry allowance for any work in a foundry
during any period that foundry production is not being carried out, with the
exception of any work carried out within the eight hour period immediately
following the cessation of foundry
production.
5.9.3(q)
Boiling Down Works - An employee working in boiling down works is entitled to an
amount as set out in Item 15 of 5.9.3(s) per hour
extra.
5.9.3(r)
Lead Works - An employee working in lead works is entitled to an amount as set
out in Item 16 of 5.9.3(s) per hour
extra.
5.9.3(s)
Special Rates
Item
No.
|
Clause
No.
|
Brief
Description
|
Amount
$
|
|
|
|
|
1
|
5.9.3(c)
|
Cold
Places
|
42
cents per hour extra
|
2
|
5.9.3(d)
|
Hot
Places:
|
|
|
|
Between
46 and 54 celsius
|
43
cents per hour extra
|
|
|
In
excess of 54 celsius
|
58
cents per hour extra
|
3
|
5.9.3(e)
|
Wet
Places
|
43
cents per hour extra
|
4
|
5.9.3(f)
|
Confined
Spaces
|
58
cents per hour extra
|
5
|
5.9.3(g)
|
Dirty
Work:
|
|
|
|
Ship
Repair Work
|
58
cents per hour extra
|
|
|
All
other work
|
43
cents per hour extra
|
6
|
5.9.3(h)
|
Height
Money
|
32
cents per hour extra
|
7
|
5.9.3(i)
|
Meat
Digesters and Oil Tanks
|
43
cents per hour extra
|
8
|
5.9.3(j)
|
Sanitary
Works
|
30
cents per hour extra
|
9
|
5.9.3(k)
|
Insulation
materials
|
57
cents per hour extra
|
10
|
5.9.3(l)
|
Slaughtering
Yards
|
32
cents per hour extra
|
11
|
5.9.3(m)
|
Boiler
Repairs
|
|
|
|
(i)
Smoke boxes, fire boxes, furnaces or flues of boilers
|
32
cents per hour extra
|
|
|
(ii)
Oil fired boilers including the castings, uptakes and funnels, or flues and
smoke stacks
|
1.14
per hour extra
|
12
|
5.9.3(n)
|
Explosive
Powered Tools
|
1.15
per day extra
|
13
|
5.9.3(o)
|
Ships
in Dock
|
32
cents per hour extra
|
14
|
5.9.3(p)
|
Foundry
Allowance
|
33
cents per hour worked
|
15
|
5.9.3(q)
|
Boilding
Down works
|
32
cents per hour
|
16
|
5.9.3(r)
|
Lead
Works
|
32
cents per hour
|
5.9.4
Transfers, Travelling and Working Away From Usual Place of
Work
Summary
These
paragraphs deal with an employee's entitlements to payment whilst travelling or
where they are required to
relocate.
5.9.4(a)
Transfer Involving Change of Residence An
employee:
Engaged
in one locality to work in another;
or
Sent
other than at his or her own request, from his or her usual locality to another
for employment that can reasonably be regarded as
permanent;
involving
a change of residence will be paid travelling time whilst necessarily travelling
between such localities and expenses for a period not exceeding three months or
in cases where the employee is in the process of buying a place of residence in
the new locality for a period not exceeding six months. Provided that such
expenses will cease after he or she has taken up permanent resident or abode at
the new
location.
5.9.4(b)
Travelling, Transport and
Fares
(i)
Excess Travelling and Fares - An employee who on any day or from day to day is
required to work at a job away from his or her accustomed workshop or depot
will, at the direction of the employer, present himself or herself for work at
such job at the usual starting time, but for all time reasonably spent in
reaching and returning from such job (in excess of the time normally spent in
travelling from his or her home to such workshop or depot and returning) he or
she will be paid travelling time, and also any fares reasonably incurred in
excess of those normally incurred in travelling between his or her home and such
workshop or
depot.
An
employee who with the approval of the employer uses his or her own means of
transport for travelling to or from outside jobs will be paid the amount of
excess fares which he or she would have incurred in using public transport
unless he or she has an arrangement with his or her employer for a regular
allowance.
(ii)
Distant Work - An employee sent from his or her usual locality to another (in
circumstances other than those prescribed in 5.9.4(a) hereof) and required to
remain away from his or her usual place of abode will be paid travelling time
whilst necessarily travelling between such localities, and expenses whilst so
absent from his or her usual
locality.
(iii)
Payment for
Travelling
(1)
The rate of pay for travelling time is ordinary rates, except on Sundays and
holidays when it will be time and a
half.
(2)
The maximum travelling time to be paid for is 12 hours out of every 24 hours, or
when a sleeping berth is provided by the employer for all-night travel, eight
hours out of every
24.
(iv)
Expenses "Expenses" for the purpose of this clause
means:
(1)
All fares reasonably incurred. The fares allowed are to be for rail travel,
second class except where all-night travelling is involved when they are to be
first class, with sleeping berth where
available.
(2)
Reasonable expenses incurred whilst travelling including an amount set out in
Item 3 of 5.9.2(g) for each meal
taken.
(3) A
reasonable allowance to cover the cost incurred for board and
lodging.
(v)
Engagement of Labour Away From Workshops - An employer is to be free to engage
labour on the site of a job carried on away from the workshop, without payment
for any travelling time or fares, unless such employee is sent from the
workshop.
Provided
that if an employee engaged for the erection of a job had previously been
engaged by the same employer in the fabrication of the job in a workshop he or
she is to be paid fares in excess of those incurred in travelling to and from
the workshop.
5.10 EXTRA RATES NOT CUMULATIVE
Extra
rates in this Award, except rates prescribed in 5.9.3 (Special Rates) and rates
for work on public holidays, are not cumulative so as to exceed the maximum of
double the ordinary rates.
5.11 PAYMENT OF WAGES
Summary
This
clause provides for the pay period and method of payment of
wages.
5.11.1
Period of
Payment
5.11.1
(a) Wages shall be paid weekly or fortnightly,
either:
(i)
according to the actual ordinary hours worked each week or fortnight;
or
(ii)
according to the average number of ordinary hours worked each week or
fortnight.
5.11.1
(b) By agreement between the employer and the majority of employees in the
relevant enterprise, wages may be paid three weekly, four weekly or monthly.
Agreement in this respect may also be reached between the employer and an
individual
employee.
5.11.2
Method of Payment - Wages shall either be paid by cash, cheque or electronic
funds transfer into the employee's bank (or other recognised financial
institution)
account.
In
the case of employees paid by cheque, if the employee requires it, the employer
shall have a facility available during ordinary hours for the encashment of the
cheque.
5.11.3
Payment of Wages on Termination of Employment - On termination of employment,
wages due to an employee shall be paid on the day of termination or forwarded to
the employee by post on the next working
day.
5.11.4
Day Off coinciding with Pay Day - Where an employee is paid wages by cash or
cheque and the employee is, by virtue of the arrangement of their ordinary
hours, to take a day off on a day which coincides with pay day, such employee
must be paid no later than the working day immediately following pay day.
However, if the employer is able to make suitable arrangements, wages may be
paid on the working day preceding pay
day.
5.11.5
Wages to be Paid During Working
Hours
5.11.5
(a) Where an employee is paid wages by cash or cheque such wages shall be paid
during ordinary working
hours.
5.11.5
(b) If an employee is paid wages by cash and is kept waiting for their wages on
pay day, after the usual time for ceasing work, they shall be paid at overtime
rates for the period they are kept
waiting.
5.11.6
Absences from Duty Under an Averaging System - Where an employee's ordinary
hours in a week are greater or less than 38 hours and such employee's pay is
averaged to avoid fluctuating wage payments, the following shall
apply:
5.11.6
(a) The employee will accrue a "credit" for each day he or she works ordinary
hours in excess of the daily
average.
5.11.6
(b) The employee will not 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 or jury
service).
5.11.6
(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 or jury service shall accrue a proportion
of the "credit" for the day, based upon the proportion of the working day that
the employee was in
attendance.
PART
6 - HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME
6.1
ORDINARY HOURS OF
WORK
Summary
This
clause describes the ordinary hours of work and how they are to be arranged for
day workers, continuous shift workers and non-continuous shift
workers.
The
ordinary hours of work for all three categories is 38 per week to be averaged
over the period of the work cycle that applies in the particular
enterprise.
There
is provision for the employer, by agreement with employees, to arrange working
hours to achieve maximum flexibility in order to suit the needs of both the
enterprise and the
employees.
6.1.1
Ordinary Hours of Work Day
Workers
6.1.1
(a) Subject to subclause 6.1.4, the ordinary hours of work for day workers are
to be an average of 38 per week but not exceeding 152 hours in 28
days.
6.1.1
(b) The ordinary hours of work may be worked on any day or all of the days of
the week, Monday to Friday. The days on which ordinary hours are worked may
include Saturday and Sunday subject to agreement between the employer and the
majority of employees concerned. Agreement in this respect may also be reached
between the employer and an individual
employee.
6.1.1
(c) The ordinary hours of work are to be worked continuously, except for meal
breaks, at the discretion of the employer between 6.00 am and 6.00 pm. The
spread of hours (i.e. 6.00 am to 6.00 pm) may be altered by up to one hour at
either end of the spread, by agreement between an employer and the majority of
employees concerned or in appropriate circumstances, between the employer and an
individual
employee.
6.1.1
(d) Any work performed outside the spread of hours is to be paid for at overtime
rates. However, any work performed by an employee prior to the spread of hours
which is continuous with ordinary hours for the purpose, for example, of getting
the plant in a state of readiness for production work is to be regarded as part
of the 38 ordinary
hours
of
work.
6.1.1
(e) Where agreement is reached in accordance with 6.1.1(b) the minimum rate to
be paid for a day worker for ordinary time worked between midnight on Friday and
midnight on Saturday shall be time and a
half.
6.1.1
(f) Where agreement is reached in accordance with 6.1.1(b) the minimum rate to
be paid for a day worker for ordinary time worked between midnight on Saturday
and midnight on Sunday shall be double
time
6.1.2
Ordinary Hours of Work Continuous Shift
Workers
6.1.2
(a) Continuous shiftwork means work carried on with consecutive shifts of
employees throughout the 24 hours of each of at least six consecutive days
without interruption except for breakdowns or meal breaks or due to unavoidable
causes beyond the control of the
employer.
6.1.2
(b) Subject to 6.1.2(c) the ordinary hours of continuous shiftworkers are, at
the discretion of the employer, to average 38 hours per week inclusive of meal
breaks and must not exceed 152 hours in 28 consecutive days. Continuous shift
workers are entitled to a 20 minute meal break on each shift which shall be
counted as time
worked.
6.1.2
(c) By agreement between the employer and the majority of employees concerned, a
roster system may operate on the basis that the weekly average of 38 ordinary
hours is achieved over a period that exceeds 28 consecutive days but does not
exceed 12
months.
6.1.2
(d) Except at the regular change-over of shifts, an employee shall not be
required to work more than one shift in each 24
hours.
6.1.3
Ordinary Hours of Work Non-Continuous Shift
Workers
6.1.3
(a) Subject to 6.1.3(b), the ordinary hours of work for non-continuous shift
workers are to be an average of 38 per week and must not exceed 152 hours in 28
consecutive
days.
6.1.3
(b) By agreement between the employer and the majority of employees concerned, a
roster system may operate on the basis that the weekly average of 38 ordinary
hours is allowed over a period, which exceeds 28 consecutive days but does not
exceed 12
months.
6.1.3
(c) The ordinary hours of work are to be worked continuously, except for meal
breaks, at the discretion of the
employer.
6.1.3
(d) Except at change-over of shifts an employee will not be required to work
more than one shift in each 24
hours.
6.1.4
Methods of Arranging Ordinary Working
Hours
6.1.4
(a) Subject to the employer's right to fix the daily hours of work for day
workers from time to time within the spread of hours referred to in 6.1.1(c) and
the employer's right to fix the commencing and finishing time of shifts from
time to time, the arrangement of ordinary working hours is to be by agreement
between the employer and the majority of employees in the enterprise or part of
the enterprise concerned. This does not preclude the employer reaching agreement
with individual employees about how their working hours are to be
arranged.
6.1.4
(b) Matters upon which agreement may be reached
include:
(i)
how the hours are to averaged within a work cycle established in accordance
with
6.1.2 and
6.1.3;
(ii)
the duration of the work cycle for day workers provided that such duration shall
not exceed 3
months;
(iii)
rosters which specify the starting and finishing times of working
hours;
(iv)
a period of notice of a rostered day off which is less than four
weeks;
(v)
substitution of rostered days
off;
(vi)
accumulation of rostered days
off;
(vii)
arrangements which allow for flexibility in relation to the taking of rostered
days
off;
(viii)
any arrangements of ordinary hours which exceed 8 hours in any
day.
6.1.4
(c) By agreement between an employer and the majority of employees in the
enterprise or part of the enterprise concerned, 12 hour days or shifts may be
introduced subject
to:
(i)
Proper health monitoring procedures being
introduced;
(ii)
Suitable roster arrangements being
made;
(iii)
Proper supervision being
provided;
(iv)
Adequate breaks being
provided;
(v)
An adequate trial or review process being implemented through the consultative
process in clause
3.1.
6.1.4
(d) (i) Where an employee works on a shift other than a rostered shift (as
defined), he/she
shall:
(1)
if employed on continuous work, be paid at the rate of double time;
or
(2) if
employed on other shiftwork, at the rate of time and one-half for the first
three hours and double time
thereafter.
(ii)
The provision of 6.1.4(d)(i) do not apply when the time is
worked:
(1)
by arrangement between the employees
themselves;
(2)
for the purposes of effecting the customary rotation of shifts;
or
(3) on a
shift to which the employee is transferred on short notice as an alternative to
standing the employee off in circumstances which would entitle the employer to
deduct payment for the day in accordance with clause
4.6.
6.1.5
Daylight Saving Where by reason of legislation, summer time is prescribed as
being in advance of the standard time in the State the length of any
shift:
Commencing
before the time prescribed by the relevant legislation for the commencement of a
summer time period,
and
Commencing
on or before the time prescribed by such legislation for the termination of a
summer time period, shall be deemed to be the number of hours represented by the
difference between the time recorded by the clock at the beginning of the shift
and the time so recorded at the end of the shift. The time of the clock in each
case is to be set to the time fixed by the relevant
legislation.
In
this subclause the expressions standard time and summer time shall bear the same
meaning as are prescribed by the relevant
legislation.
6.1.6
Make Up
Time
6.1.6
(a) An employee may elect, with the consent of the employer, to work make up
time under which the employee takes time off during ordinary hours, and works
those hours at a later time, during the spread of ordinary hours provided in the
award.
6.1.6
(b) An employee on shift work may elect, with the consent of their employer, to
work make up time under which the employee takes time off during 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.
6.2 SPECIAL PROVISIONS FOR SHIFTWORKERS
Summary
This
clause defines afternoon and night shift and prescribes the allowances for such
shifts as well as the loadings payable for Saturday, Sunday and Public Holidays
Shifts.
6.2.1
Definitions
For
the purposes of this
award:
"Rostered
Shift" means any shift of which the employee concerned has had at least 48 hours
notice.
"Afternoon
Shift" means any shift finishing after 6.00 pm and at or before
midnight.
"Night
Shift" means any shift finishing subsequent to midnight and at or before 8.00
am.
By
agreement between the employer and the majority of employees concerned or in
appropriate cases an individual employee, the span of hours over which shifts
may be worked may be altered by up to one hour at either end of the
span.
6.2.2
Afternoon and Night Shift Allowances
6.2.2 (a) An
employee whilst on afternoon or night shift shall be paid for such shift 15 per
cent more than his or her ordinary
rate.
6.2.2 (b) An
employee who works on an afternoon or night shift which does not
continue:
(i)
for at least five successive afternoon or night shifts or six successive
afternoon or night shifts in a six day workshop (where no more than eight
ordinary hours are worked on each shift);
or
(ii) for
at least 38 ordinary hours (where more than eight ordinary hours are worked on
each shift and the shift arrangement is in accordance with subclauses 6.1.2 or
6.1.3); shall be paid for each shift 50 percent for the first three hours and
100 percent for the remaining hours, in addition to his or her ordinary
rate.
6.2.2
(c) An employee
who:
(i)
During a period of engagement on shift, works night shift only;
or
(ii)
Remains on night shift for a longer period than four consecutive weeks;
or
(iii)
Works on a night shift which does not rotate or alternate with another shift or
with day work so as to give him or her at least one third of his or her working
time off night shift in each shift cycle; shall, during such engagement, period
or cycle, be paid 30 per cent more than his or her ordinary rate for all time
worked during ordinary working hours on such night
shift.
6.2.3
Rate for Working on Saturday Shifts The minimum rate to be paid to a shift
worker for work performed between midnight on Friday and midnight on Saturday
shall be time and a half. This extra rate is in substitution for and not
cumulative upon the shift premiums prescribed in
6.2.2.
6.2.4
Rate for Working on Sunday and Public Holiday
Shifts
6.2.4
(a) The rate at which continuous shift workers are to be paid for work on a
rostered shift the major portion of which is performed on a Sunday or public
holiday, is double
time.
6.2.4
(b) The rate at which shift workers on other than continuous work are to be paid
for all time worked on a Sunday or public holiday is as
follows:
(i)
Sundays at the rate of double
time.
(ii)
Public Holidays at the rate of double time and a
half.
6.2.4
(c) Where shifts commence between 11.00pm and midnight on a Sunday or public
holiday, the time so worked before midnight does not entitle the employee to the
Sunday or public holiday rate for the shift. However, the time worked by an
employee on a shift commencing before midnight on the day preceding a Sunday or
public holiday and extending into the Sunday or public holiday shall be regarded
as time worked on the Sunday or public
holiday.
6.2.4
(d) Where shifts fall partly on a holiday, the shift which has the major portion
falling on the public holiday shall be regarded as the holiday
shift.
By
agreement between the employer and the majority of employees concerned, the
shift which has the minor portion falling on the public holiday may be regarded
as the holiday shift in lieu of the
above.
6.2.4
(e) The extra rates in this subclause are in substitution for and not cumulative
upon the shift premiums prescribed in 6.2.2.
6.3 MEAL BREAKS
Summary
This
clause deals with the taking of meal breaks during ordinary working hours and
covers when the meal break is to be taken, alterations to the time the break may
be taken and payment for working during the meal
break.
6.3.1
An employee shall not be required to work for more than five hours without a
break for a meal except in the following
circumstances:
6.3.1
(a) In cases where canteen or other facilities are limited to the extent that
meal breaks must be staggered and as a result it is not practicable for all
employees to take a meal break within five hours, an employee will not be
required to work for more than six hours without a break for a meal
break.
6.3.1
(b) By agreement between an employer and an employee or the majority of
employees in an enterprise or part of an enterprise concerned, an employee or
employees may be required to work in excess of five hours but not more than six
hours at ordinary rates of pay without a meal
break.
6.3.2
The time of taking a scheduled meal break or rest break by one or more employees
may be altered by an employer if it is necessary to do so in order to meet a
requirement for continuity of
operations.
6.3.3
An employer may stagger the time of taking a meal and rest breaks to meet
operational
requirements.
6.3.4
Subject to 6.3.1, an employee shall work during meal breaks at ordinary rates of
pay whenever instructed to do so for the purpose of making good breakdown of
plant or upon routine maintenance of plant which can only be done while the
plant is
idle.
6.3.5
Except as provided in this subclause, and except where any alternative
arrangement is entered into by agreement between the employer and employees
concerned, time and a half rates shall be paid for all work done during meal
hours and thereafter until a meal break is taken.
6.4 OVERTIME
Summary
Overtime
is payable for work done outside the ordinary hours of work. Generally speaking,
the overtime rate is time and a half for the first three hours and double time
thereafter. Continuous shift workers are entitled to double time for all
overtime.
Employees
are required to work a reasonable amount of overtime. Minimum payments are
prescribed for overtime work on Saturday, Sunday and Public
Holidays.
Employees
are required to have a rest period normally between work on successive
days.
Provision
is made for employees being called back after leaving the premises and for
standing by for
callback.
Meal
breaks and meal allowances are also dealt with in this
clause.
6.4.1
Payment for Working
Overtime
6.4.1
(a) Except as provided for in 6.4.1(d), 6.4.1(e), 6.4.8 and 6.4.9, for all work
done outside ordinary hours on any day or shift (as defined in subclauses 6.1.1,
6.1.2 and 6.1.3) the overtime rates of pay are time and a half for the first
three hours and double time thereafter until the completion of the overtime
work. For continuous shift workers the rate for working overtime is double
time.
6.4.1
(b) For the purposes of this clause ordinary hours means the hours worked in an
enterprise, fixed in accordance with clause 6.1 of this
award.
6.4.1
(c) The hourly rate, when computing overtime, is to be determined by dividing
the appropriate weekly rate by 38, even in cases when an employee works more
than 38 ordinary hours in a
week.
6.4.1
(d) (i) 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.
(ii)
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.
(iii)
An employer shall, if requested by an employee, provide payment, at the rate
provided for the payment of overtime in the award, for any overtime worked under
paragraph (i) of this subclause where such time has not been taken within four
weeks of
accrual.
6.4.1
(e) When not less than 7 hours 36 minutes notice has been given to the employer
by a relief shiftworker that he or she will be absent from work and the
shiftworker whom that person should relieve is not relieved and is required to
continue work on his or her rostered day off the unrelieved employee shall be
paid double
time.
6.4.1
(f) In computing overtime each day's work shall stand
alone.
6.4.2
Requirement to Work Reasonable Overtime - An employer may require any employee
to work reasonable overtime at overtime rates and the employee shall work
overtime as
required.
6.4.3
One In, All In does not Apply The assignment of overtime by an employer to an
employee is to be based on specific work requirements and the practice of "one
in, all in" overtime must not
apply.
6.4.4
Rest Period after
Overtime
6.4.4
(a) When overtime work is necessary it must, wherever reasonably practicable, be
so arranged that employees have at least 10 consecutive hours off duty between
the work of successive working
days.
6.4.4
(b) An employee (other than a casual employee) who works so much overtime
between the termination of his or her ordinary work on one day and the
commencement of their ordinary work on the next day that the employee has not
had at least 10 consecutive hours off duty between those times must, subject to
this subclause, be released after completion of the overtime until the employee
has had 10 consecutive hours off duty without loss of pay for ordinary working
time occurring during such
absence.
6.4.4
(c) If on the instructions of the employer an employee resumes or continues work
without having had the 10 consecutive hours off duty the employee must be paid
at double rates until he or she is released from duty for such period. The
employee is then entitled to be absent until he or she has had 10 consecutive
hours off duty without loss of pay for ordinary working time occurring during
the
absence.
6.4.4
(d) By agreement between the employer and individual employee, the 10 hour break
provided for in this clause may be reduced to a period no less than 8
hours.
6.4.4
(e) The provisions of this subclause will apply in the case of shift workers as
if eight hours were substituted for 10 hours when overtime is
worked:
(i)
for the purpose of changing shift rosters;
or
(ii)
where a shift worker does not report for duty and a day worker or a shift worker
is required to replace the shift worker;
or
(iii)
where a shift is worked by arrangement between the employees
themselves.
6.4.5
Call Back - An employee recalled to work overtime after leaving the employer's
enterprise (whether notified before or after leaving the enterprise) is to be
paid for a minimum of four hours work at the rate of time and one-half for the
first three hours and double time thereafter (or double time for the full period
for continuous shift workers). There are a number of conditions which apply to
this
provision:
6.4.5
(a) Where an employee is required to regularly hold himself or herself in
readiness for a call back he or she will be paid for a minimum of three hours
work at the appropriate overtime rate. This is subject to 6.4.6 which deals with
the conditions for standing
by.
6.4.5
(b) If the employee is recalled on more than one occasion between the
termination of their ordinary work on one day and the commencement of their
ordinary work on the next ordinary working day he or she shall be entitled to
the three or four hour minimum overtime payment provided for in this subclause
for each call back. However, in such circumstances, it is only the time which is
actually worked during the previous call or calls which is to be taken into
account when determining the overtime rate for subsequent
calls.
6.4.5
(c) Except in the case of unforeseen circumstances arising, an employee will not
be required to work the full three or four hours as the case may be if the job
he or she was recalled to perform is completed within a shorter
period.
6.4.5
(d) This subclause does not apply in cases where it is customary for an employee
to return to the enterprise to perform a specific job outside the employee's
ordinary working hours or where the overtime is continuous (subject to a meal
break) with the commencement or completion of ordinary working
time.
6.4.5
(e) Overtime worked in the circumstances specified in this subclause is not to
be regarded as overtime for the purpose of 6.4.4, Rest Periods After Overtime,
when the actual time worked is less than three hours on the call back or on each
call
back.
6.4.6
Standing By Subject to any custom prevailing at an enterprise, where an employee
is required regularly to hold himself or herself in readiness to work after
ordinary hours, the employee is to be paid standing by time at the employee's
ordinary rate of pay for the time he or she is standing
by.
6.4.7
Saturday Work - A day worker required to work overtime on a Saturday shall be
afforded at least four hours work or paid for four hours at the rate of time and
one-half for the first three hours and double time thereafter, except where the
overtime is continuous with overtime commenced on the previous
day.
6.4.8
Sunday Work - Employees required to work overtime on Sundays shall be paid for a
minimum of three hours work at double time. The double time is to be paid until
the employee is relieved from
duty.
6.4.9
Public Holiday Work Refer to 7.7.2 to determine the pay entitlements of persons
who work overtime on a public
holiday.
6.4.10
Rest
Break
6.4.10
(a) An employee working overtime must be allowed a rest break of 20 minutes
without deduction of pay after each four hours of overtime worked if the
employee is to continue work after the rest
break.
6.4.10
(b) Where a day worker is required to work overtime on a Saturday, Sunday or
Public Holiday or on a rostered day off, the first rest break will be paid at
the employee's ordinary rate of
pay.
6.4.10
(c) Where overtime is to be worked immediately after the completion of ordinary
work on a day or shift and the period of overtime is to be more than one and a
half hours, an employee, before starting the overtime is entitled to a rest
break of 20 minutes to be paid at ordinary
rates.
6.4.10
(d) An employer and employee may agree to any variation of this subclause to
meet the circumstances of the work in hand provided that the employer is not
required to make any payment in excess of or less than what would otherwise be
required under this
subclause.
6.4.11
Meal
Allowance
6.4.11
(a) An employee is entitled to a meal allowance of an amount as set out in Item
3 of 5.9.2(g) on each occasion that the employee is entitled to a rest break in
accordance with subclause 6.4.10, except in the following
circumstances:
(i)
if the employee is a day worker and was notified no later than the previous day
that they would be required to work such
overtime;
(ii)
if the employee is a shift worker and was notified no later than the previous
day or previous rostered shift that they would be required to work such
overtime;
(iii)
if the employee lives in the same locality as the enterprise and could
reasonably return home for
meals.
6.4.11
(b) If an employee has provided a meal or meals on the basis that he or she has
been given notice to work overtime and the employee is not required to work
overtime or is required to work less than the amount advised, he or she shall be
paid the prescribed meal allowance for the meal or meals which he or she has
provided but which are
surplus.
6.4.12
Transport of Employees - When an employee, after having worked overtime or a
shift for which he/she has not been regularly rostered, finishes work at a time
when reasonable means of transport are not available, the employer shall provide
the employee with a conveyance home, or pay him/her their current wage for the
time reasonably occupied in reaching
home.
PART
7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
7.1
ANNUAL
LEAVE
7.1.1
Period of
Leave
7.1.1
(a) (i) A full time or part time employee under this award is entitled to a
period of 28 consecutive days leave, including non-working days, (i.e. 4 weeks)
after each 12 months service (less the period of annual leave) with an
employer.
(ii)
An employer may reach agreement with the majority of employees concerned to
convert the entitlements in 7.1.1(a)(i) or 7.1.2 to an hourly entitlement (i.e.
152 hours or 190 hours respectively for a full time employee) for administrative
ease.
7.1.1 (b) The
annual leave for full time and part time employees accrues at a rate of 2.923
hours for each 38 ordinary hours
worked.
7.1.1 (c) This
provision does not apply to casual employees.
7.1.2
Additional Leave for Seven Day Shift Workers - In addition to leave provided for
in 7.1.1, seven day shift workers, that is shift workers who are rostered to
work regularly on Sundays and holidays, shall be allowed seven consecutive days
leave including non-working
days.
Where
an employee with 12 months continuous service is engaged for part of the 12
monthly period as a seven day shift worker, that employee is entitled to have
the period of leave prescribed in subclause 7.1.1 increased by half a day for
each month he or she is continuously engaged as a seven day shift
worker.
7.1.3
Payment for Period of Annual Leave Subject to subclause 7.1.12 employees, before
going on leave, are to be paid the wages they would have received in respect of
the ordinary time they would have worked had they not been on leave during the
relevant period. This amount shall be calculated as
follows:
7.1.3
(a) Time Workers - The wages to be paid must be worked out on the basis of what
the employee would have been paid under this award for working ordinary hours
during the period of leave, including allowances, loadings and penalties paid
for all purposes of the award, first-aid allowance and any other wages payable
under the employee's contract of employment including any overaward payment. The
employee is not entitled to payments in respect of overtime, special rates or
any other payment which might have been payable to the employee as a
reimbursement for expenses
incurred.
7.1.3
(b) Piece Workers In the case of an employee employed on piece or bonus work or
any other system of payment by results, the rate which is the weekly average of
payments made to the employee under such a system for the period actually worked
during ordinary hours during the last three monthly period in respect of which
such payments have been calculated prior to the time of going on leave or
termination of employment as the case may
be.
7.1.4
Loading on Annual Leave During a period of annual leave an employee will receive
a loading calculated on the rate of wage prescribed by subclause
7.1.3.
The
loading shall be as
follows:
7.1.4
(a) Day Workers - Employees who would have worked on day work only had they not
been on leave a loading of 17 per cent or the relevant weekend penalty rates,
whichever is greater but not
both.
7.1.4
(b) Shift Workers - Employees who would have worked on shift work had they not
been on leave - a loading of 17 per cent or the shift loading (including
relevant weekend penalty rates) whichever is the greater but not
both.
The
loading prescribed by this subclause does not apply to proportionate leave on
termination.
7.1.5
How to Calculate the Leave
Entitlement
7.1.5
(a) Except for the following, any absences from work are not to be taken into
account and will not count as time worked in calculating the leave
entitlement:
In
a 12 month period the employee is entitled to have off up to 152 ordinary
working hours because of sickness or accident and this will be counted as time
worked (i.e. worker's compensation leave, paid sick leave, paid carers
leave).
Long
service leave, annual leave, public holidays, paid bereavement leave, paid
training leave and jury service taken by an employee will count as time
worked.
Any
interruption or termination of the employment by the employer which has been
made with the intention of avoiding obligations under this
clause.
7.1.5
(b) Absences from work which do not count as time worked in calculating the
leave entitlement but do not break continuity of service for the purposes of
this award
include:
any
absence with reasonable cause, proof of which shall be upon the
employee;
any
leave without pay taken with the agreement of the
employer;
parental
leave.
7.1.5
(c) Where a business is transmitted from one employer to another, the period of
continuous service that the employee had with the transmitter or any prior
transmitter shall be deemed to be service with the transmittee and taken into
account when calculating annual leave. However an employee shall not be entitled
to leave or payment in lieu for any period in respect of which leave has been
taken or paid
for.
7.1.6
Public Holidays Falling in a Period of
Leave
7.1.6
(a) If any public holiday prescribed by clause 7.7 of this award falls within an
employee's period of annual leave and is observed on a day which in the case of
that employee would have been an ordinary working day, there must be added to
the period of annual leave time equivalent to the ordinary time which the
employee would have worked if the day had not been a
holiday.
7.1.6
(b) Where a holiday or holidays falls in a period of annual leave and the
employee, fails, without reasonable cause, to attend for work at the employees
ordinary starting time on the working day immediately following the last day of
the period of annual leave, the employee shall not be entitled to be paid for
the holiday or
holidays.
7.1.7
Annual Leave in One or More Separate
Periods
7.1.7
(a) Annual leave is to be given by the employer and taken by the employee in up
to four separate
periods.
7.1.7
(b) If the employer and an employee so agree the annual leave entitlement may be
given and taken in more than four separate periods including up to a maximum of
10 single
days.
However,
one period of annual leave must be of at least seven consecutive days, including
non-working
days.
7.1.8
Leave Is to be Taken The annual leave provided by this clause must be taken as
leave and except as provided by subclause 7.1.11 and 7.1.12, payment will not be
made or accepted in lieu of annual
leave.
7.1.9
Time of Taking
Leave
7.1.9
(a) Annual leave shall be given at a time fixed by the employer within a period
not exceeding six months from the date when the right to leave
accrued.
7.1.9
(b) An employer can require an employee to take annual leave by giving not less
than four weeks' notice of the time when such leave is to be
taken.
7.1.9
(c) By agreement between an employer and an employee, annual leave may be taken
at any time provided it is done within two years from the date when the right to
leave
accrued.
7.1.10
Leave Allowed Before Due
Date
7.1.10
(a) An employer may allow an employee to take annual leave either wholly or
partly in advance before the leave becomes due. In such case, a further period
of annual leave will not commence to accrue until after the expiration of the 12
months in respect of which the annual leave or part of it had been taken before
it
accrued.
7.1.10
(b) Where annual leave or part of it has been granted before the leave is due,
and the employee subsequently leaves or is discharged from the service of the
employer before completing the required 12 months continuous service and the
amount paid by the employer to the employee for the annual leave or part so
taken in advance exceeds the amount which the employer is required to pay to the
employee under subclause 7.1.11 the employer will not be liable to make any
payment to the employee under subclause 7.1.11 and is entitled to deduct the
amount of excess from any remuneration payable to the employee upon the
termination of
employment.
7.1.11
Proportionate Leave on Termination An employee other than a casual
who:
7.1.11
(a) After one week's continuous service in the first qualifying 12 monthly
period with an employer, lawfully leaves the employment of the employer, or is
terminated by the employer through no fault of the employee;
or
7.1.11
(b) After 12 months continuous service with an employer, leaves the employment
of the employer or is terminated by the employer for any
reason;
shall
be paid 2.923 hours for each 38 ordinary hours worked and in respect of which
leave had not been granted under this clause at the appropriate rate of wage
calculated in accordance with subclause
7.1.3.
7.1.12
Annual Close Down - Where an employer closes down the enterprise or part of it
for the purpose of allowing annual leave to all or the majority of the employees
in the enterprise or part concerned, the following special provisions shall
apply:
7.1.12
(a) The employer may, by giving not less than four weeks notice of intention so
to do, stand off for the duration of the close down all employees in the
enterprise or part of the enterprise concerned and allow to those who are not
then qualified for a full entitlement to annual leave for 12 months continuous
service, paid leave on a proportionate basis at the appropriate rate of wage as
prescribed in subclauses 7.1.3 and 7.1.4 for 2.923 hours for each 38 ordinary
hours
worked.
7.1.12
(b) An employee who has then qualified for a full entitlement to annual leave
for 12 months continuous service and has also completed a further week or more
of continuous service, shall be allowed leave, and shall, also be paid at the
appropriate rate of wage as prescribed by subclauses 7.1.3 and 7.1.4 hereof for
2.923 hours for each 38 ordinary hours worked since the close of the employee's
last 12 monthly qualifying
period.
7.1.12
(c) The next 12 monthly qualifying period for each employee affected by such
close down shall commence from the day on which the enterprise or part of the
enterprise concerned, is re-opened for work. Provided that all time during which
an employee is stood off without pay for the purposes of this subclause is
deemed to be time of service in the next 12 monthly qualifying
period.
7.1.12
(d) (i) The employer may close down the enterprise or part of the enterprise for
one or two separate periods for the purpose of granting annual
leave.
(ii)
If the employer closes down the enterprise or part of the enterprise in two
separate periods one of these periods shall be for a period of at least 14
consecutive days including non-working
days.
(iii)
The employer and the majority of employees concerned may agree to the annual
leave being taken in three close downs provided that one of these periods will
be a period of at least 14 days including non-working
days.
7.1.12
(e) The employer may close down the enterprise or part of it for a period of at
least 14 days including non-working days and allow the balance of any annual
leave to be taken in one continuous period in accordance with a
roster.
7.2 LONG SERVICE LEAVE
See
Long
Service Leave Act
1955.
7.3 SICK LEAVE
7.3.1
Amount of Paid Sick Leave - An employee on weekly hiring who is absent from
his/her work on account of personal illness, or on account of injury by accident
arising out of and in the course of his/her employment, shall be entitled to
leave of absence, without deduction of pay, subject to the following conditions
and
limitations:
7.3.1
(a) An employee shall not be entitled to paid leave of absence for any period in
respect of which he/she is entitled to workers'
compensation.
7.3.1
(b) He/she shall, as soon as reasonably practicable and during the ordinary
hours of the first day or shift of such absence inform the employer of his/her
inability to attend for duty, and as far as practicable, state the nature of the
injury or illness and the estimated duration of the
absence.
If
it is not reasonably practicable to inform the employer during the ordinary
hours of the first day or shift of such absence, the employee shall inform the
employer within 24 hours of such
absence.
7.3.1
(c) An employee shall prove to the satisfaction of his/her employer that he/she
was unable on account of such illness or injury to attend for duty on the day or
days for which sick leave is
claimed.
7.3.1
(d) First Year of Employment - An employee shall not be entitled during his/her
first year of any period of service with an employer to leave in excess of five
days of ordinary working time or in cases where he/she normally works more than
8 ordinary hours in any day, he/she shall not be entitled to leave in excess of
40 hours of ordinary working time. Provided further that during the first five
months of the first year of a period of service with an employer he/she shall be
entitled to sick leave which shall accrue on a pro rata basis of one day of
ordinary working time for each month of service completed with that employer to
a maximum of 40 ordinary hours. On application by the employee during the sixth
month of employment and subject to the availability of an unclaimed balance of
sick leave the employee shall be paid for any sick leave taken during the first
five months and in respect of which payment was not
made.
7.3.1
(e) Second or Subsequent Years of Employment - An employee shall not be entitled
during the second or subsequent year of any period of service with an employer
to leave in excess of 8 days of ordinary working time or in excess of 64 hours
of ordinary working time in the case of an employee who normally works more than
8 ordinary hours of any
day.
7.3.2
Single Day Absences - In the case of an employee who claims to be allowed paid
sick leave in accordance with this clause for an absence of one day only such
employee if in the year he/she has already been allowed paid sick leave on more
than one occasion for one day only, shall not be entitled to payment for the day
claimed unless he/she produces to the employer a certificate of a duly qualified
medical practitioner that in his/her, the medical practitioner's opinion, the
employee was unable to attend for duty on account of personal illness or on
account of injury by accident. However, an employer may agree to accept from the
employee a statutory declaration, stating that the employee was unable to attend
for duty on account of personal illness or on account of injury by accident in
lieu of a certificate of a duly qualified medical practitioner as prescribed by
this
subclause.
7.3.3
Accumulation of Sick Leave - Sick leave shall accumulate from year to year so
that any balance of the period specified in 7.3.1 (d) and (e) of this clause
which has in any year not been allowed to an employee by an employer as paid
sick leave may be claimed by the employee and subject to the conditions
hereinbefore prescribed shall be allowed by that employer in a subsequent year
without diminution of the sick leave prescribed in respect of that year.
Provided that sick leave which accumulates pursuant to this subclause shall be
available to the employee for a period of twelve years but for no longer from
the end of the year in which it
accrues.
7.3.4
Attendance at Hospital, etc. - Notwithstanding anything contained in 7.3.1 of
this clause an employee suffering injury through an accident arising out of and
in the course of his/her employment (not being an injury in respect of which
he/she is entitled to workers' compensation) necessitating his/her attendance
during working hours on a doctor, chemist or trained nurse, or at a hospital
shall not suffer any deduction from his/her pay for the time (not exceeding four
hours) so occupied on the day of the accident, and shall be reimbursed by the
employer all expenses reasonably incurred in connection with such
attendance.
7.3.5
Year of Service - Year of service for the purpose of this clause means the
period between the date of commencement in employment in any year and the
anniversary of the commencement of employment in the next
year.
7.3.6.
Broken
Service
7.3.6
(a) If an employee is terminated by his/her employer and is re-engaged by the
same employer within a period of six months then the employee's unclaimed
balance of sick leave shall continue from the date of
re-engagement.
7.3.6
(b) In such a case the employee's next year of service will commence after a
total of twelve months has been served with that employer excluding the period
of interruption in service from the date of the commencement of the previous
period of employment on the anniversary of the commencement of the previous
period of employment, as the case may be.
7.4 PERSONAL/CARERS LEAVE
7.4.1
Use of Sick
Leave
7.4.1(a) An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in 7.4.1(c)(ii) who needs the employee’s care and
support, shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement, provided for at clause 7.3, 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.
7.4.1
(c) The entitlement to use sick leave in accordance with this subclause is
subject
to:
(i) the
employee being responsible for the care of the person concerned;
and
(ii) the
person concerned
being:
(a) a
spouse of the employee;
or
(b) a de
facto spouse, who, in relation to a person, is a person of the opposite sex to
the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person;
or
(c) a
child or an adult child (including an adopted child, a step child, a foster
child or an ex-nuptial child), parent (including a foster parent and legal
guardian), grandparent, grandchild or sibling of the employee or spouse or de
facto spouse of the employee;
or
(d) a
same sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis;
or
(e) a
relative of the employee who is a member of the same household, where for the
purposes of this
paragraph:
1.
"relative" means a person related by blood, marriage or
affinity;
2.
"affinity" means a relationship that one spouse because of marriage has to blood
relatives of the other;
and
3.
"household" means a family group living in the same domestic
dwelling.
7.4.1
(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 persons 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 3.2,
Dispute Resolution Procedure, should be followed.
7.4.2 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
7.4.1(c)(ii) above who is ill or who requires care due to an unexpected
emergency.
7.4.3
Use of Annual
Leave
7.4.3(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.
7.4.3
(b) Access to annual leave, as prescribed in paragraph (a) of this subclause
above, shall be exclusive of any shutdown period provided for elsewhere under
this
award.
7.4.3
(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.
7.4.3
(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.
7.4.4
Use of Time Off in Lieu of Payment for
Overtime
7.4.4
(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.
7.4.4
(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.
7.4.4
(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.
7.4.4
(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.
7.4.5
Use of Make-up
Time
7.4.5
(a) An employee may elect, with the consent of the employer, to work "make-up
time", under which the employee takes time off during 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.
7.4.5
(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.
7.4.6
Use of Rostered Days
Off
7.4.6
(a) An employee may elect, with the consent of the employer, to take a rostered
day off at any
time.
7.4.6
(b) An employee may elect, with the consent of the employer, to take rostered
days off in part day
amounts.
7.4.6
(c) An employee may elect, with the consent of the employer, to accrue some or
all rostered days off for the purpose of creating a bank to be drawn upon at a
time mutually agreed between the employer and employee, or subject to reasonable
notice by the employee or the
employer.
7.4.6
(d) This subclause is subject to the employer informing each union which is both
party to the award and which has members employed at the particular enterprise
of its intention to introduce an enterprise system of RDO flexibility, and
providing a reasonable opportunity for the union(s) to participate in
negotiations.
7.4.6A Personal
Carers Entitlement for casual employees
-
(1) Subject
to the evidentiary and notice requirements in 7.4.1(b) and 7.4.1(d) casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in subclause 7.4.1(c)(ii) of this
clause who are sick and require care and support, or who require care due to an
unexpected emergency, or the birth of a
child.
(2) The
employer and the employee shall agree on the period for which the employee will
be entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours (i.e.
two days) per occasion. The casual employee is not entitled to any payment for
the period of
non-attendance.
(3) An
employer must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of an employer
to engage or not to engage a casual employee are otherwise not
affected.
7.4.7
Bereavement
Leave
7.4.7
(a) An employee, other than a casual employee shall be entitled to up to two
days bereavement leave without deduction of pay on each occasion of the death of
a person prescribed for in 7.4.1(c), provided that for the purpose of
bereavement leave, the employee need not have been responsible for the care of
the person
concerned.
7.4.7
(b) The employee must notify the employer as soon as practicable of the
intention to take bereavement leave. If required by the employer, the employee
will provide to the satisfaction of the employer, proof of
death.
7.4.7
(c) 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.
7.4.7
(d) Bereavement leave may be taken in conjunction with other leave available
under 7.4.1, 7.4.2, 7.4.3, 7.4.4, 7.4.5 and 7.4.6. In determining such a request
the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the
business.
7.4.7(e) Bereavement
entitlements for casual
employees
(i) Subject
to the evidentiary and notice requirements in 7.4.1(b) casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause 7.4.1(c)(ii) of clause 7.4,
Personal/Carer's
Leave.
(ii) 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.
(iii) 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.
7.5 JURY SERVICE
Summary
Full
time and part time employees attending for jury service are entitled to have
their pay made up to what they would have received for working ordinary time.
Employees must provide proof of
attendance.
7.5.1
A full time employee required to attend for jury service during his or her
ordinary working hours shall be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of his or her attendance for
such jury service and the amount of wage he or she would have received in
respect of the ordinary time he or she would have worked had he or she not been
on jury
service.
7.5.2
Where a part time employee is required to attend for jury service and such
attendance coincides with a day on which the employee would normally be required
to work, payment shall be made to the employee in accordance with Clause
7.5.1.
7.5.3
An employee shall notify the employer as soon as possible of the date upon which
he or she is required to attend for jury service. Further, the employee shall
give the employer proof of attendance, the duration of such attendance and the
amount received in respect of such jury service.
7.6 PARENTAL LEAVE
(1) Refer
to the
Industrial
Relations Act 1996
(NSW). The following provisions shall also apply in addition to those set out
in the
Industrial
Relations Act 1996
(NSW).
(2) An
employer must not fail to re-engage a regular casual employee (see section 53(2)
of the Act)
because:
(a) the
employee or employee's spouse is pregnant;
or
(b) the
employee is or has been immediately absent on parental
leave.
The
rights of an employer in relation to engagement and re-engagement of casual
employees are not affected, other than in accordance with this
clause.
(3) Right
to
request
(a) An
employee entitled to parental leave may request the employer to allow the
employee:
(i) to
extend the period of simultaneous unpaid parental leave use up to a maximum of
eight
weeks;
(ii) to
extend the period of unpaid parental leave for a further continuous period of
leave not exceeding 12
months;
(iii) to
return from a period of parental leave on a part-time basis until the child
reaches school
age;
to
assist the employee in reconciling work and parental
responsibilities.
(b) The
employer shall consider the request having regard to the employee's
circumstances and, provided the request is genuinely based on the employee's
parental responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the employer's business. Such grounds
might include cost, lack of adequate replacement staff, loss of efficiency and
the impact on customer
service.
(c) Employee's
request and the employer's decision to be in
writing
The
employee's request and the employer's decision made under 3(a)(ii) and 3(a)(iii)
must be recorded in
writing.
(d) Request
to return to work
part-time
Where
an employee wishes to make a request under 3(a)(iii), such a request must be
made as soon as possible but no less than seven weeks prior to the date upon
which the employee is due to return to work from parental
leave.
(4) Communication
during parental
leave
(a) Where
an employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps
to:
(i) make
information available in relation to any significant effect the change will have
on the status or responsibility level of the position the employee held before
commencing parental leave;
and
(ii) provide
an opportunity for the employee to discuss any significant effect the change
will have on the status or responsibility level of the position the employee
held before commencing parental
leave.
(b) The
employee shall take reasonable steps to inform the employer about any
significant matter that will affect the employee's decision regarding the
duration of parental leave to be taken, whether the employee intends to return
to work and whether the employee intends to request to return to work on a
part-time
basis.
(c) The
employee shall also notify the employer of changes of address or other contact
details which might affect the employer's capacity to comply with paragraph
(a).
7.7 PUBLIC HOLIDAYS
Summary
This
clause describes an employee's (other than a casual employee) public holiday
entitlements.
Full-time
employees are generally entitled to 11 specified public holidays per year
without loss of pay. Other days can be substituted for any of the specified days
by agreement between the employer and
employees.
7.7.1
Prescribed
Holidays
7.7.1
(a) A full-time employee under this award is entitled to the following public
holidays, without loss of
pay:
New
Years
Day
Australia
Day
Good
Friday
Easter
Saturday
Easter
Monday
Anzac
Day
Queen's
Birthday
Labour
Day or Eight Hours'
Day
Christmas
Day
Boxing
Day
Where
another day is generally observed in a locality in substitute for any of the
above days, that day shall be observed as the public holiday in lieu of the
prescribed
day.
7.7.1
(b) In addition to the public holidays prescribed in 7.7.1(a), full-time
employees are entitled to the Tuesday immediately following Easter Monday as an
additional public holiday without loss of pay but if that Tuesday is a gazetted
or Proclaimed Public Holiday then on another day mutually agreed between the
employer and the employee. The additional holiday is not cumulative and must be
taken within each calendar year.
7.7.1 (c) Part-time
Employees Refer to 4.2.4(e) to determine the public holiday entitlements of
part-time
employees.
7.7.1 (d) Substitution
of Public Holidays by Agreement at the Enterprise
(i)
By agreement between the employer and the majority of employees in the relevant
enterprise or section of the enterprise, an alternative day may be taken as the
public holiday in lieu of any of the prescribed
days.
(ii)
An employer and individual employee may agree to the employee taking another day
as the public holiday in lieu of the day which is being observed as the public
holiday in the enterprise or relevant section of the
enterprise.
7.7.1
(e) In addition to the days described in 7.7.1(a) and (b), any special days
appointed by gazettal as a public holiday throughout the State shall be deemed
to be a public holiday for the purposes of this
Award.
7.7.2
Payment for Time Worked on a Public
Holiday
7.7.2
(a) Payment for Time Worked by Continuous Shift Workers on a Public
Holiday
(i)
Refer to 6.2.4(a) to determine the pay entitlements of continuous shift workers
working on rostered shifts which fall on a public
holiday.
(ii)
Continuous shift workers required to work overtime on a public holiday shall be
paid at double time. Refer to 6.4.10 and 6.4.11 to determine the rest break and
meal allowance entitlements of continuous shift workers who work overtime on a
public
holiday.
(iii)
Continuous shift workers required to work on a public holiday shall be paid for
a minimum of three hours
work.
7.7.2
(b) Payment for Time Worked by Non-continuous Shift Workers on a Public
Holiday
(i)
Refer to 6.2.4(b) to determine the pay entitlements of non-continuous
shiftworkers working on rostered shifts which fall on a public
holiday.
(ii)
Non-continuous shift workers required to work overtime on a public holiday shall
be paid at double time and one half. The double time and a half is to be paid
until the employee is relieved from duty. Refer to 6.4.10 and 6.4.11 to
determine the rest break and meal allowance entitlements of non-continuous shift
workers who work overtime on a public
holiday.
(iii)
Non-continuous shift workers required to work on a public holiday shall be paid
for a minimum of three hours
work.
7.7.2
(c) Payment for Time Worked by Day Workers on a Public
Holiday
(i)
Day workers required to work on a public holiday shall be paid for a minimum of
three hours work at double time and one-half. The double time and a half is to
be paid until the employee is relieved from
duty.
7.7.3
Effect on Payment for Holidays if Absent on Working Day Before or After Where an
employee is absent from his or her employment on the working day before or the
working day after a public holiday without reasonable excuse or without the
consent of the employer, he or she will not be entitled to payment for the
holiday.
7.7.4
Rostered Day Off Falling on Public
Holiday
7.7.4
(a) Except as provided for in 7.7.4(b), where a full-time employee's ordinary
hours of work are structured to include a day off and such day off falls on a
public holiday, the employee is entitled to, at the discretion of the employer,
either:
7
hours and 36 minutes pay at ordinary rates;
or
7 hours
36 minutes added to his or her annual leave;
or
a
substitute day off on an alternative week
day.
This
shall not apply where the rostered day off falls on a Saturday or a
Sunday.
7.7.4
(b) (i) Where an employee has credited time accumulated (see 5.11.6), then such
credited time should not be taken as a day off on a public
holiday.
(ii)
If an employee is rostered to take credited time as a day off on a week day and
such week day is prescribed as a public holiday after the employee was given
notice of the day off, then the employer shall allow the employee to take the
time off on an alternative week
day.
(iii)
Paragraphs (i) and (ii) above shall not apply in relation to days off which are
specified in an employee's regular roster or pattern of ordinary hours.
Paragraph 7.7.4(a) shall apply in such
circumstances.
7.7.5
Public Holidays Falling During a Period of Annual Leave Refer to
7.1.6.
SCHEDULE A - CLASSIFICATION DEFINITIONS
1.1
Classification Structure
Classification
Number
|
Classification
Title
|
Minimum
Training Requirement
|
Wage
Relativity To C10 After Full Minimum Rate And Broadbanding
Adjustments
|
|||
|
|
|
|
|||
C1
|
Professional
Engineer Professional Scientist
|
Degree
|
180/210%
|
|||
C2(b)
|
Principal
Technical Officer
|
15
modules in addition to National Advanced Diploma or equivalent
|
150%
|
|||
C2(a)
|
Leading
Technical Officer Principal/Trainer/Supervisor/ Co- ordinator
|
•
|
7
modules in addition to National Advanced Diploma
•
|
AQF 6
National Advanced Diploma - with 15 modules minimum in supervision/ training or
equivalent
|
150%
|
|
C3
|
Engineering
Associate – Level II
|
AQF 6
National Advanced Diploma or equivalent
|
145%
|
|||
C4
|
Engineering
Associate 3rd year of - Level 1
|
22
Modules towards National Advanced Diploma or equivalent
|
135%
|
|||
C5
|
Engineering
Technician - Level V Advanced Engineering Tradesperson Level II
|
AQF 5
- National Diploma or 15 modules towards National Advanced Diploma or
equivalent
|
130%
|
|||
C6
|
Engineering
Technician - Level IV Advanced Engineering Tradesperson Level 1
|
12
modules towards National Diploma or National Advanced Diploma or
equivalent
|
125%
|
|||
C7
|
Engineering
Technician Level III Engineering Tradesperson Special Class Level
II
|
AQF
Level 4 National Certificate
•
|
9
modules towards National Diploma or National Advanced Diploma
•
|
3
appropriate modules in addition to C8 or equivalent
|
115%
|
|
C8
|
Engineering
Technician - Level II Engineering Tradesperson Special Class Level
I
|
•
|
Higher
Engineering Tradesperson or
•
|
3
appropriate modules in addition to C9 or
•
|
6
modules towards National Diploma or National Advanced Diploma or
equivalent
|
110%
|
C9
|
Engineering
Technician - Level I Engineering Tradesperson - Level II
|
•
|
3
appropriate modules in addition to C10 or
•
|
3
modules towards National Diploma or National Advanced Diploma or
equivalent
|
105%
|
|
C10
|
Engineering
Tradesperson - Level 1 Production Systems Employee
|
Trade
Certificate or Engineering Production Certificate III or equivalent
|
100%
|
|||
C11
|
Engineering/Production
Employee - Level IV
|
Engineering
Production Certificate II or equivalent
|
92.4%
|
|||
C12
|
Engineering/Production
Employee - Level III
|
Engineering
Production Certificate I
|
87.4%
|
|||
C13
|
Engineering/Production
Employee - Level II
|
In-house
training
|
82%
|
|||
C14
|
Engineering/Production
Employee - Level I
|
Up to
38 hours induction training
|
78%
|
Trainer/Supervisor/Co-ordinator
Level
I 122% of the highest rate paid to those
supervised.
Level
II 115% of the highest rate paid to those
supervised.
1.2
Classification
Definitions
NOTE:
The following classification definitions should be read in conjunction
with:
• the stream and field definitions in subclause 1.4.2 and 1.4.5 respectively;
• the definitions of "or equivalent", "work within the scope of this level" and "Engineering Associate" at the end of this Schedule;
• the National Metal and Engineering Competency Standards Implementation Guide especially Table 2 of that Guide which shows the alignment between old and new titles under the Australian Qualifications Framework. For example Advanced Certificates are now known as National Diplomas and Associate Diplomas as National Advanced Diplomas.
Trainer/Supervisor/Co-ordinator
Level I
A
Trainer/Supervisor/Co-ordinator - Level I is an employee who is responsible for
the work of other employees and/or provision of structured on-the-job training.
Such an employee has completed 9 modules of training in supervision and/or
training.
Despite
the above definition, an employee who has not completed the specified training
or equivalent for this level may enter this classification consistent with 6.5.2
of the Implementation Guide until such times as competency standards for this
level are
finalised.
Trainer/Supervisor/Co-ordinator
Level II
A
Trainer/Supervisor/Co-ordinator - Level II is an employee who is responsible for
supervision and/or training of Trainers/Supervisors/Coordinators - Level I. Such
an employee has completed 15 modules of training in supervision and/or
training.
Despite
the above definition, an employee who has not completed the specified training
or equivalent for this level may enter this classification consistent with 6.5.2
of the Implementation Guide until such times as competency standards for this
level are
finalised.
WAGE
GROUP:
C14
Engineering/Production
Employee - Level
I
An
Engineering/Production Employee - Level I is an employee who is undertaking up
to 38 hours induction training which may include information on the enterprise,
conditions of employment, introduction to supervisors and fellow workers,
training and career path opportunities, plant layout, work and documentation
procedures, occupational health and safety, equal employment opportunity and
quality
control/assurance.
An
employee at this level performs routine duties essentially of a manual nature
and to the level of his/her training:
(i) performs general labouring and cleaning duties
(ii) exercises minimal judgement
(iii) works under direct supervision; or
(iv) is undertaking structured training so as to enable them to work at the C13 level.
WAGE
GROUP:
C13
Engineering/Production
Employee - Level
II
An
Engineering/Production Employee - Level II is an employee who has completed up
to three months structured training so as to enable the employee to perform work
within the scope of this
level.
An
employee at this level performs work above and beyond the skills of an employee
at C14 and to the level of his/her skills, competence and
training.
(i)
Works in accordance with standard operating procedures and established
criteria;
(ii)
Works under direct supervision either individually or in a team
environment;
(iii)
Understands and undertakes basic quality control/assurance procedures including
the ability to recognise basic quality
deviations/faults;
(iv)
Understands and utilises basic statistical process control
procedures;
(v)
Follows safe work practices and can report workplace
hazards.
WAGE
GROUP:
C12
Engineering/Production
Employee - Level III
An Engineering/Production Employee - Level III is an employee who has completed an Engineering Production Certificate I or equivalent so as to enable the employee to perform work within the scope of this level.
An employee at this level performs work above and beyond the skills of an employee at C13 and to the level of his/her skills, competence and training.
(i)
Is responsible for the quality of his/her own work subject to routine
supervision;
(ii)
Works under routine supervision either individually or in a team
environment;
(iii)
Exercises discretion within his/her level of skills and
training;
(iv)
Assists in the provision of on the job
training.
WAGE
GROUP:
C11
Engineering/Production
Employee - Level IV
An Engineering/Production Employee - Level IV is an employee who has completed an Engineering Production Certificate II or equivalent so as to enable the employee to perform work within the scope of this level.
An
employee at this level performs work above and beyond the skills of an employee
at C12 and to the level of his/her skills, competence and
training.
(i)
Works from complex instructions and
procedures;
(ii)
Assists in the provision of on-the-job
training;
(iii)
Co-ordinates work in a team environment or works individually under general
supervision;
(iv)
Is responsible for assuring the quality of his/her own
work.
WAGE
GROUP:
C10
Engineering
Tradesperson - Level
I
An
Engineering Tradesperson - Level I is an employee who holds a trade certificate
or tradespersons rights certificate as an:
(i) Engineering Tradesperson (Mechanical) Level I;
(ii) Engineering Tradesperson (Fabrication) Level I;
(iii) or equivalent
and
is able to exercise the skills and knowledge of the engineering trade so as to
enable the employee to perform work within the scope of this
level.
An
Engineering Tradesperson - Level I works above and beyond an employee at C11 and
to the level of his/her skills, competence and
training.
(i)
Understands and applies quality control
techniques;
(ii)
Exercises good interpersonal and communications
skills;
(iii)
Exercises keyboard skills at a level higher than
C11;
(iv)
Exercises discretion within the scope of this classification
level;
(v)
Performs work under limited supervision either individually or in a team
environment;
(vi)
Operates lifting equipment incidental to his/her
work;
(vii)
Performs non-trade tasks incidental to his/her
work;
(viii)
Performs work which while primarily involving the skills of the employee's trade
is incidental or peripheral to the primary task and facilitates the completion
of the whole task. Such incidental or peripheral work would not require
additional formal technical
training;
(ix)
Able to inspect products and/or materials for conformity with established
operational
standards.
Production
Systems
Employee
A
Production Systems Employee is an employee who, while still being primarily
engaged in Engineering /Production work applies the skills acquired through the
successful completion of a certificate III level qualification or equivalent in
the production, distribution, or stores
functions.
A
Production Systems Employee is an employee who has completed an Engineering
Production Certificate III or equivalent so as to enable the employee to perform
work within the scope of this
level.
A
Production Systems Employee works above and beyond an employee at C11 and to the
level of his/her skills, competence and
training.
(i)
Understands and applies quality control
techniques;
(ii)
Exercises good interpersonal communications
skills;
(iii)
Exercises discretion within the scope of this classification
level;
(iv)
Exercise keyboard skills at a level higher than
C11;
(v)
Performs work under limited supervision either individually or in a team
environment;
(vi)
Able to inspect products and/or materials for conformity with established
operational
standards.
WAGE
GROUP:
C9
Engineering
Tradesperson Level II Engineering Technician Level
I
An Engineering
Tradesperson Level II is
an:
(i)
Engineering Tradesperson (Mechanical) - Level II;
or
(ii)
Engineering Tradesperson (Fabrication) - Level
II:
who has
completed the following training
requirements:
(i)
Three appropriate modules in addition to the training requirements of C10 level;
or
(ii)
Three appropriate modules towards a National Diploma;
or
(iii)
Three appropriate modules towards an Advanced Diploma; or
equivalent.
An
Engineering Tradesperson Level II works above and beyond a tradesperson at C10
and to the level of his/her skills and competence and training performs work
within the scope of this
level.
(i)
Exercises discretion within the scope of this
classification;
(ii)
Works under limited supervision either individually or in a team
environment;
(iii)
Understands and implements quality control
techniques;
(iv)
Provide trade guidance and assistance as part of a work
team;
(v)
Operates lifting equipment incidental to his/her
work;
(vi)
Performs non-trade tasks incidental to his/her
work.
Engineering
Technician Level
I
An
Engineering Technician Level I is an employee who has the equivalent level of
training of a C9 Engineering Tradesperson or equivalent so as to enable the
employee to apply skills within the scope of this level. The skills exercised by
the Engineering Technician Level I are in the technical fields as defined by
this Award including draughting, planning or technical tasks requiring technical
knowledge.
At
this level the employee is engaged on routine tasks in the technical
fields.
WAGE
GROUP:
C8
Engineering
Tradesperson - Special Class - Level
I
Engineering
Technician Level
II
A Special
Class Engineering Tradesperson Level I means a:
(i) Special Class Engineering Tradesperson (Mechanical) Level I; or
(ii) Special Class Engineering Tradesperson (Fabrication) Level I;
(iii) Higher Engineering Tradesperson
who
has completed the following training requirement:
(i) Six appropriate modules in addition to the training requirements of C10 level; or
(ii) Six appropriate modules towards a National Diploma; or
(iii) Six appropriate modules towards an Advanced Diploma;
(iv) a Higher Engineering Tradesperson apprenticeship; or equivalent.
An
Engineering Tradesperson Special Class - Level I works above and beyond a
tradesperson at C9 and to the level of his/her skills, competence and training
performs work within the scope of this
level.
(i)
Provides trade guidance and assistance as part of a work
team;
(ii)
Assists in the provision of training in conjunction with supervisors and
trainers;
(iii)
Understands and implements quality control
techniques;
(iv)
Works under limited supervision either individually or in a team
environment;
(v)
Operates lifting equipment incidental to his/her
work;
(vi)
Performs non-trade tasks incidental to his/her work. Engineering Technician
Level II
An
Engineering Technician - Level II is an employee who has the equivalent level of
training of a C8 Engineering Tradesperson Special Class - Level I or equivalent
so as to enable the employee to apply skills within the scope of this level. The
skills exercised by the Engineering Technician Level II are in the technical
fields as defined by this Award including draughting, planning or technical
tasks requiring technical
knowledge.
At
this level the employee is required to exercise judgment and skill in excess of
that required at C9 under the supervision of technical or professional
staff.
WAGE
GROUP:
C7
Engineering
Tradesperson Special Class - Level
II
Engineering
Technician - Level
III
A
Special Class Engineering Tradesperson Level II means a:
(i) Special Class Engineering Tradesperson (Mechanical) Level II; or
(ii) Special Class Engineering Tradesperson (Fabrication) Level II
who
has completed the following training requirement:
(i) Three appropriate modules in addition to the requirements of C8 level; or
(ii) Nine appropriate modules towards an Advanced Certificate; or
(iii) Nine appropriate modules towards an Associate Diploma;
(iv) an AQF Level 4 National Certificate; or equivalent.
An
Engineering Tradesperson Special Class - Level II works above and beyond a
tradesperson at C8 and to the level of his/her skills, competence and training
performs work within the scope of this level.
(i) Is able to provide trade guidance and assistance as part of a work team;
(ii) Provides training in conjunction with supervisors and trainers;
(iii) Understands and implements quality control techniques;
(iv) Works under limited supervision either individually or in a team environment;
(v) Operates lifting equipment incidental to his/her work;
(vi) Performs non-trade tasks incidental to his/her work.
NB:
The AQF 4 National Certificate referred to in this definition is not directly
comparable with existing post-trade qualifications and the possession of such
qualifications does not itself justify classification of a tradesperson to this
level.
Engineering
Technician - Level
III
Engineering
Technician - Level III is an employee who has the equivalent level of training
of a C7 Engineering Tradesperson Special Class Level II or equivalent so as to
enable the employee to apply skills within the scope of this level. The skills
exercised by the Engineering Technician Level III are in the technical fields as
defined by this Award including draughting, planning or technical tasks
requiring technical
knowledge.
At
this level the employee is engaged in detail draughting and/or planning or
technical duties requiring judgement and skill in excess of that required of a
technician at C8 under the supervision of technical or professional
staff;
WAGE
GROUP:
C6
Advanced
Engineering Tradesperson - Level
I
Engineering
Technician - Level
IV
An
Advanced Engineering Tradesperson - Level I means
an:
(i)
Advanced Engineering Tradesperson (Mechanical) Level I;
or
(ii)
Advanced Engineering Tradesperson (Fabrication) Level I who has
completed:
• 12 appropriate modules of a National Diploma; or
• 12 appropriate modules of an Advanced Diploma; or equivalent.
An
Advanced Engineering Tradesperson - Level I works above and beyond a
tradesperson at C7 and to the level of his/her skills, competence and training
performs work within the scope of this
level.
(i)
Undertakes quality control and work organisation at a level higher than for
C7;
(ii)
Provides trade guidance and assistance as part of a work
team;
(iii)
Assists in the provision of training to employees in conjunction with
supervisors/trainers;
(iv)
Works under limited supervision either individually or in a team
environment;
(v)
Prepares reports of a technical nature on specific tasks or
assignments;
(vi)
Exercises broad discretion within the scope of this
level;
(vii)
Operates lifting equipment incidental to his/her
work;
(viii)
Performs non-trade tasks incidental to his/her
work.
Engineering
Technician - Level
IV
An
Engineering Technician - Level IV is an employee who has the equivalent level of
training of a C6 Advanced Engineering Tradesperson Level I or equivalent so as
to enable the employee to apply skills within the scope of this level. The
skills exercised by the Engineering Technician Level IV are in the technical
fields as defined by this Award including draughting, planning or technical
tasks requiring technical
knowledge.
At
this level the employee is engaged in detail draughting and/or planning and/or
technical duties requiring judgement and skill in excess of that required of a
technician at C7 under the supervision of technical and/or professional
staff.
WAGE
GROUP:
C5
Advanced
Engineering Tradesperson - Level
II
Engineering
Technician - Level
V
An
Advanced Engineering Tradesperson - Level II means
an:
(i)
Advanced Engineering Tradesperson (Mechanical) Level II;
or
(ii)
Advanced Engineering Tradesperson (Fabrication) Level II who has
completed:
• A National Diploma; or
• 15 modules or 2nd year part time of an Advanced Diploma; or Equivalent
An
Advanced Engineering Tradesperson Level II works above and beyond a tradesperson
at C6 and to the level of his/her skills, competence and training performs work
within the scope of this
level.
(i)
Provides technical guidance or assistance within the scope of this
level;
(ii)
Prepares reports of a technical nature on tasks or assignments within the
employee's skills and
competence;
(iii)
Has an overall knowledge and understanding of the operating principle of the
systems and equipment on which the tradesperson is required to carry out his/her
task;
(iv)
Assists in the provision of on-the-job training in conjunction with supervisors
and
trainers;
(v)
Operates lifting equipment incidental to his/her
work;
(vi)
Performs non-trade tasks incidental to his/her
work.
Engineering
Technician - Level
V
An
Engineering Technician - Level V is an employee who has the equivalent level of
training of a C5 Advanced Engineering Tradesperson Level II or equivalent so as
to enable the employee to apply skills within the scope of this level. The
skills exercised by the Engineering Technician Level V are in the technical
fields as defined by this Award including draughting, planning or technical
tasks requiring technical
knowledge.
At
this level the employee is required to exercise judgment and skill in excess of
that required at level
C6.
WAGE
GROUP:
C4
Engineering
Associate - Level
I
An
Engineering Associate - Level I means an employee who works above and beyond a
technician at level C5 and has successfully completed third year part-time (or
22 modules) of an Advanced Diploma or equivalent and is engaged
in:
(i)
Making of major design drawings or graphics or performing technical duties in a
specific field of engineering, laboratory or scientific practice such as
research design, testing, manufacture, assembly, construction, operation,
diagnostics and maintenance of equipment facilities or products, including
computer software, quality processes, occupational health and safety and/or
standards and plant and material security processes and like work;
or
(ii)
Planning of operations and/or processes including the estimation of requirements
of staffing, material cost and quantities and machinery requirements, purchasing
materials or components, scheduling, work study, industrial engineering and/or
materials handling
process.
WAGE
GROUP:
C3
Engineering
Associate - Level
II
An
Engineering Associate - Level II means an employee who works above and beyond an
Engineering Associate at level C4 and has successfully completed an advanced
diploma or the equivalent level of accredited training and is engaged
in:
(i)
Performing draughting, or planning or technical duties which require the
exercise of judgment and skill in excess of that required by an engineering
associate at level C4;
or
(ii)
Possesses the skills of an Engineering Associate Level I in a technical field
and exercises additional skills in a different technical field as
defined.
WAGE
GROUP:
C2(A)
Leading
Technical
Officer
Principal
Engineering
Trainer/Supervisor/Co-ordinator
Leading
Technical Officer means an employee who works above and beyond an Engineering
Associate - Level II at level C3 and has successfully completed seven modules in
addition to an advanced diploma or equivalent An employee at C2(a) is able to
perform or coordinate work in more than one engineering, scientific or technical
field as defined, or performs duties in a technical, engineering or scientific
field which requires the exercise of judgement and/or skill in excess of that
required of an Engineering Associate - Level
II.
Principal
Engineering
Trainer/Supervisor/Co-ordinator
Principal
Engineering Trainer/Supervisor/Co-ordinator means a
Trainer/Supervisor/Co-ordinator who has completed a National Advanced Diploma of
which 15 modules are supervision/training modules or equivalent and who when
engaged at this
level:
(i)
Possesses a sound knowledge of occupational health and safety, industrial
relations, and communications processes and is able to use this knowledge in
training and leading the work of
others;
(ii)
Possesses a general knowledge and awareness of the administrative, business, and
marketing strategies of the
enterprise;
Indicative
of the tasks which an employee at this level may perform are as
follows:
• Plans, writes and delivers training programs for all engineering/production employees, apprentices, trainees, trade and lower technical levels;
• Plans and directs the work of engineering/production employees especially in new work organisation environments, e.g., group work arrangements, CIM production techniques.
WAGE
GROUP:
C2(B)
Principal
Technical
Officer
A
Principal Technical Officer works above and beyond an employee at the C2a level
and who has successfully completed fifteen modules of accredited training in
addition to an advanced diploma or equivalent. Within organisational policy
guidelines and objectives a principal technical
officer:
(i)
Performs work requiring mature technical knowledge involving a high degree of
autonomy, originality and independent
judgement;
(ii)
Looks after and is responsible for projects and co-ordinating such projects with
other areas of the organisation as required by the operation of the
organisation;
(iii)
Is responsible for the coordination of general and specialist employees engaged
in projects requiring complex and specialised
knowledge;
(iv)
Plans and implements those programs necessary to achieve the objectives of a
particular
project;
(v)
In the performance of the above functions, applies knowledge and/or guidance
relevant in any or all of the fields of designing, planning and technical work
as required by the company's
operation;
(vi)
Operates within broad statements of objectives without requiring detailed
instructions;
or
(i)
Performs work at the above level of skill in a particular technical
field;
(ii)
Has as the overriding feature of his/her employment the ability to perform
creative, original work of a highly complex and sophisticated
nature;
(iii)
Provides specialised technical guidance to other employees performing work
within the same technical
field.
"Or
equivalent"
Where
it appears in these classification definitions, the phrase "or equivalent"
means:
(i)
Any training which a registered provider (eg. TAFE), or by a State Recognition
authority which has been recognised as equivalent to an accredited course which
the Manufacturing Engineering and Related Services Industry Training Advisory
Body (MERSITAB) recognises for this level. This can include advanced standing
through recognition of prior learning and/or overseas
qualifications
OR
(ii)
Where competencies meet the requirements set out in the MERSITAB competency
standards in accordance with the National Metal and Engineering Competency
Standards Implementation
Guide.
"Work
within the scope of this
level"
Where
it appears in these classification definitions, the phrase "work within the
scope of this level"
means:
1.
For an employee who does not hold a qualification listed as a minimum training
requirement, the employee shall apply skills within the enterprise selected in
accordance with the Implementation Guide. Competencies selected must be MERSITAB
competency
standards.
2.
Where an employee has a qualification, section 5.1.3(c)(ii) of this Award should
be
followed.
Engineering
Associate
Where
it appears in these classification definitions, the phrase "Engineering
Associate" is defined as a generic term which includes technical officers in a
wide range of disciplines including laboratories and quality assurance;
draughting officers; planners and other
para-professionals.
1.3
Comparative Schedule of Old Classifications and New Broadbanded Wage
Levels
General
Engineering (Including Window-Frame and Agricultural Implement
Making)
1.
|
Assembler
- window frame making - (non-tradesman)
|
C12
|
2.
|
Brass
finisher - (tradesman)
|
C10
|
3.
|
Brass
finisher - 2nd class
|
C12
|
4.
|
Engraving
machinist - 1st class
|
C10
|
5.
|
Fitter
|
C10
|
5A.
|
Fitter
employed by Rothmans of Pall Mall (Aust.) Ltd
|
C10
|
6.
|
Fitter,
agricultural non-tradesman
|
C12
|
7.
|
Fitter,
turbine blade
|
C10
|
8.
|
Hand
engraver (NSW only)
|
C9
|
9.
|
Inspector
|
C9
|
10.
|
Key-seating
machinist
|
C12
|
11.
|
Locksmith
|
C10
|
12.
|
Machine
setter
|
C10
|
13.
|
Machinist
- 1st class
|
C10
|
14.
|
Machinist
- 2nd class
|
C12
|
15.
|
Machinist
- 3rd class
|
C13
|
16.
|
Marker
off (ie., a fitter, the greater part of whose time is occupied in
marking-off)
|
C9
|
17.
|
Mechanical
tradesperson special class
|
C8
|
18.
|
Motor
cycle mechanic
|
C11
|
19.
|
Motor
mechanic and/or marine mechanic
|
C10
|
20.
|
Motor
tuner & tester
|
C10
|
21.
|
Mould
polisher
|
C13
|
22.
|
Patternmaker
|
C9
|
23.
|
Pipe
fitter (low pressure work)
|
C12
|
23A.
|
Plant
mechanic
|
C10
|
24.
|
Process
worker
|
C13
|
25.
|
Refrigeration
mechanic
|
C10
|
26.
|
Safe
maker and/or repairer (Security work)
|
C10
|
27.
|
Scalemaker
and/or adjuster
|
C10
|
28.
|
Scientific
instrument maker
|
C9
|
29.
|
Shipwright-boatbuilder
|
C10
|
30.
|
Toolmaker
|
C9
|
31.
|
Turner
|
C10
|
32.
|
Wet
stone grinder and glazer (tradesman)
|
C10
|
Division
B - Smithing
33.
|
Angle
iron smith
|
C10
|
34.
|
Annealer
and/or case hardener
|
C11
|
35.
|
Blacksmiths
machinist
|
C13
|
36.
|
Brass
smith
|
C10
|
37.
|
Coppersmith
|
C10
|
38.
|
Forger
and/or faggoter
|
C9
|
39.
|
Forge
furnanceman
|
C11
|
40.
|
Heat
treater - not subject to plant metallurgical Supervision
|
C9
|
41.
|
Heat
treater
|
C10
|
42.
|
Heat
treater - operative (as defined)
|
C12
|
43.
|
Smith,
other
|
C10
|
44.
|
Tilter
|
C12
|
45.
|
Toolsmith
|
C10
|
Division
C - Boilermaking & Steel Construction
46.
|
Boilermaker
and/or structural steelworker
|
C10
|
47.
|
Plate
setter and frame bender
|
C10
|
48.
|
Angle
iron smith and/or boilersmith
|
C10
|
49.
|
Welder
electric - 1st class
|
C10
|
50.
|
Welder
oxy acetylene - 1st class
|
C10
|
51.
|
Cutter
oxy acetylene - 1st class
|
C10
|
52.
|
Marker
off and/or template maker
|
C9
|
Division
D - Welding
53.
|
Welder
- special class (as defined)
|
C9
|
54.
|
Welder
- 1st class
|
C10
|
55.
|
Welder
- 2nd class
|
C12
|
56.
|
Welder
- 3rd class
|
C13
|
57.
|
Welder
- Tack
|
C13
|
Division
E - Electroplating
58.
|
Electroplater
- 1st class
|
C10
|
59.
|
Electroplater
- 2nd class
|
C12
|
60.
|
Electroplater
- 3rd class
|
C13
|
61.
|
Polisher
- 1st class
|
C11
|
62.
|
Polisher
- other
|
C12
|
Division
F - Sheet
Metal
(a)
Sheet Metal Section
63.
|
Sheet
metal worker - 1st class
|
C10
|
64.
|
Sheet
metal worker - 2nd class
|
C12
|
65.
|
Die
setter
|
C13
|
66.
|
Die
setter - press operator working from blue prints or plans
|
C11
|
67.
|
Drop
hammer stamper
|
C13
|
68.
|
Guillotine
operator (as defined)
|
C11
|
69.
|
Guillotine
operator - other
|
C13
|
70.
|
Guttering
machinist
|
C13
|
71.
|
Power
machinist - not otherwise specified
|
C13
|
72.
|
Press
operator - heavy
|
C13
|
73.
|
Press
operator - light
|
C13
|
74.
|
Solderer
and dipper
|
C13
|
75.
|
Spinner
- 1st class
|
C11
|
76.
|
Spinner
- other
|
C13
|
77.
|
Process
worker (all divisions)
|
C13
|
(b)
Canister Maker Section
78.
|
Canister
maker by hand and riveter by hand
|
C13
|
79.
|
Die
setter and/or machine setter and/or Leading press hand
|
C12
|
80.
|
Operator
of power capping machines or metal pots on automatic machines
|
C13
|
81.
|
Operator
of other power presses and other power machines
|
C13
|
82.
|
Solder
and dipper
|
C13
|
Division
G - Metal Ceiling Fixing
83.
|
Ceiling
fixer - 1st class
|
C10
|
84.
|
Metal
ceiling fixer - 2nd grade
|
C12
|
Division
H - Galvanising
85.
|
Assistant
- working over metal pot
|
C13
|
86.
|
Galvaniser
|
C12
|
87.
|
Pickler
|
C13
|
88.
|
Tinner
and grease tinner
|
C12
|
Division
I - Painting
89.
|
Spray
painter - on both prime and finishing coats
|
C12
|
90.
|
Spray
Painter - on one coat
|
C12
|
91.
|
Silk
screen maker
|
C12
|
92.
|
Silk
Screen operator
|
C13
|
93.
|
Dipper
|
C13
|
Division
J - Porcelain
Enamelling
(a)
Wet
94.
|
Fireman
|
C13
|
95.
|
Fuser
|
C12
|
96.
|
Fusers
assistant
|
C13
|
97.
|
Fuser
on medallions, badges or buckles
|
C13
|
98.
|
Inspector
- other (ie. One who inspects finished enamel work as to quality)
|
C13
|
99.
|
Inspector
- other
|
C13
|
100.
|
Mill
hand and mixer
|
C13
|
101.
|
Packer
and/or despatch
|
C12
|
102.
|
Pickler
|
C13
|
103.
|
Racksman
|
C13
|
104.
|
Sand
and shot blaster
|
C12
|
105.
|
Sprayer
- grip and/or colour coats
|
C12
|
106.
|
Swiller,
gripper and brusher
|
C13
|
(b)
Dry
107.
|
Checker
|
C13
|
108.
|
Dresser
- not using portable machines
|
C13
|
109.
|
Dresser
- using portable machines
|
C12
|
110.
|
Duster
|
C10
|
111.
|
Dusters
assistant
|
C12
|
112.
|
Fireman
|
C13
|
113.
|
Gripper
- brush
|
C13
|
114.
|
Gripper
- spray
|
C13
|
115.
|
Mill
hand and mixer
|
C12
|
116.
|
Packer
and/or despatcher
|
C12
|
117.
|
Painter
- brush
|
C13
|
118.
|
Painter
- spray
|
C13
|
119.
|
Shot
and sandblast dresser
|
C12
|
Division
K - Stovemaking
120.
|
Blacksmith
(repetition stove)
|
C13
|
121.
|
Box
fitter on repetition work
|
C13
|
122.
|
Checker
|
C13
|
123.
|
Coppersmith
on wash coppers and side boilers for stoves - (hand)
|
C12
|
124.
|
for
stoves - (machines)
|
C13
|
125.
|
Coppersmith
- (jobbing)
|
C10
|
126.
|
Employee
delivering material to fitters and taking finished articles from
fitters
|
C13
|
127.
|
Employee
engaged directly assisting workmen whose margins are $4.60 or more
|
C13
|
128.
|
Employee
engaged directly assisting workmen whose margins are $4.60 or more -
foundry
|
C13
|
129.
|
Fitter
making, repairing, setting or installing cooking stoves, ovens, gas or electric
stoves over 1.5 metres in width and/or other heating and cooking appliances
customarily used in cafes, kitchens, restaurants, hotels and shops and produced
by jobbing methods
|
C11
|
130.
|
Fitter
making, repairing, assembling, reassembling, setting installing or testing
cooking stoves, ovens, gas or electric stoves over 1 metre and up to 1.5 metres
in width
|
C12
|
131.
|
Fitter
making, repairing, assembling, reassembling, setting installing or testing
cooking stoves, ovens, gas or electric stoves over 1 metre or under in
width
|
C13
|
132.
|
Fitter
making and assembling Regina and/or Empress stoves
|
C13
|
133.
|
Furnaceman
|
C12
|
134.
|
Furnacemans
assistant
|
C13
|
135.
|
Gas
stove adjuster (outside work)
|
C11
|
136.
|
Grinder
and dresser
|
C13
|
137.
|
Grinder
and dresser - (foundry)
|
C12
|
138.
|
Jobbing
moulder and/or coremaker
|
C10
|
139.
|
Metallic
enameller
|
C12
|
140.
|
Painter
- brush
|
C13
|
141.
|
Pattern
fitter and pattern filer
|
C12
|
142
|
Plater
and machiner moulder and/or coremaker:
|
|
|
First
six months
|
C13
|
|
Second
six months
|
C13
|
|
Third
six months
|
C12
|
|
Thereafter
|
C12
|
|
Experience
for the purpose of calculating the rates payable to plate and machine moulders
and/or coremakers shall include all experience as a moulder or a coremaker,
jobbing or machine, as the case may be, either as a junior or as an
adult.
|
|
143.
|
Storeman
|
C12
|
144.
|
Packer
and/or despatcher
|
C12
|
Division
M - Silverplate Ware
145.
|
Silverplate
tradesman (as defined)
|
C10
|
146.
|
Drop-hammer
stamper - who puts in die and makes force
|
C11
|
147.
|
Assembler
- as defined
|
C12
|
Division
AD - Industrial Instrumentation
148.
|
Instrument
tradesman
|
C9
|
149.
|
Instrument
tradesman - Complex system
|
C8
|
150.
|
Instrumentation
and Control tradesman
|
C6
|
These
Classifications were as they appeared in the Metal Badge Workers (State) Award
prior to its rescission on 31 December
2001.
151.
|
Plater
|
C10
|
152.
|
Die
Maker
|
C10
|
153.
|
Engraver
- 1st Class
|
C10
|
154.
|
Engraver
- 2nd Class
|
C11
|
155.
|
Spinner
|
C11
|
156.
|
Polisher
|
C11
|
157.
|
Press
Setter
|
C11
|
158.
|
Maker-Up
|
C12
|
159.
|
Positions
not classified elsewhere
|
C13
|
SCHEDULE B INDUSTRIES AND CALLINGS
METAL AND ENGINEERING INDUSTRY (NEW SOUTH WALES) INDUSTRIAL COMMITTEE
Industries
and
Callings
Section
1
All
persons employed in the industries and callings of aircraft engineers, aircraft
mechanics (wood and metal), assemblers (agricultural and coachmakers, rail),
assemblers of motor chassis (not including engines or gearing, mudguards or
valance), angle-iron smiths, blacksmiths, brass finishers, polishers of any
metal working in conjunction with brass finishers, borers, blacksmiths,
machinists, bulldozers, bradley hammersmiths, coppersmiths, coppersmiths'
machinists, chainsmiths, cycle mechanics (including liners, writers and
enamellers, wheel builders, filers and/or cleaners), drillers, die sinkers, drop
hammersmiths, engineers, electric welders, fitters, forgers and/or faggoters,
forge furnacemen, forging machinists, gauge makers, grinders, hydraulic press
machinists, key-way cutters, locksmiths, lift maintainers, lappers, millers
(general or universal), markers-off, machinists making nuts, bolts and/or dog
spikes, metal sawyers, motor mechanics, motor cycle mechanics, motorsmiths,
oliversmiths, oxy-acetylene operators, patternmakers, punching machinists,
planers, power-press machinists, pipefitters, rolling stocksmiths, springmakers,
springsmiths, spring fitters, slotters, shapers, shift engineers, scientific
instrument makers, shearing machinists, springmakers, machinists, screwing
machinists, shipwright-boatbuilders, shipsmiths, safe makers, scale makers
and/or adjusters, turret lathe turners, turners, toolsmiths, toolmakers,
traversing drillers, tapping machinists, turners and tester (motor vehicles),
wet stone grinders and/or glaziers, sewing machine mechanics, and all other
machine men and mechanics or similar classes engaged in the engineering,
locomotive, shipbuilding, rolling stock, agricultural, iron trades or any other
industry excepting boilermakers, metal moulders, tinsmiths, sheet iron workers
in all branches, and ironworkers, assistants in the State, excluding the County
of Yancowinna;
Section 2
Boilermakers
and iron shipbuilders, and in connection with such industries, all oxy-acetylene
and electric welders, and makers or repairers of iron and steel wagons and or
iron and steel carriages, other than those engaged in the work usually done by
carriage and wagon builders in the State, excluding the County of
Yancowinna;
Section 3
Tinsmiths,
canister makers, sheet iron workers, sheet metal workers, tin box makers and in
connection with such industries, oxy-acetylene welders and galvanisers and
tinners, and persons employed in association with such galvanisers and tinners;
and electroplaters (excepting electroplaters, other than those in outside
jobbing shops, engaged in the making or repairing of articles customarily made
or repaired by stove, oven and grate makers), bronzers, oxidisers, metal
polishers (other than makers and stampers or electroplated ware, and their
assistants), in the State, excluding the County of Yancowinna;
Section 4
All
persons employed in or in connection with painting, colouring, varnishing,
japanning, lacquering or enamelling in the manufacture of articles of sheet
metal (10-gauge and under) or cast metal including those made for use as
household utensils, office and travelling requisites, builders' ironmongery, and
toys, in the State, excluding the County of Yancowinna;
Section 5
Metal
ceiling employees and sheet metal fixers in the State, excluding the County of
Yancowinna;
Section 6
Stove,
oven and grate makers and repairers who in such industry (and as distinct from
other craftsmen and their assistants, who sometimes do the work as part of their
particular craft) make, repair or install articles customarily made, repaired or
installed in the stove, oven and grate making industry, such as carving tablers,
bainmaries, hot press, cast stock pots, jacketed pans, and all other such steam
cooking gear, stoves, ranges, grates, hot plates, gas fires, gas rings, wash
coppers (rivetted or brazed), toasters, portable incinerators, copper cylinders,
grills, gas grillers, range and stove canopies, flue pipes, pie ovens, plate
racks, pot racks, tailor's geese, potts irons, sad irons, gas irons, electric
irons, electric radiators, electric cookers or heaters (excepting the wiring,
insulating or fitting of electric apparatus attached thereto), furnace doors,
frames and grates, dampers for stoves, cooking ovens, ranges and metal flues
thereof, brooder broilers, also metal piano frame makers, in the State,
excluding the County of Yancowinna;
Section 7
All
persons employed in the porcelain enamelling industry, and all persons employed
in the manufacture or preparation of frit for use in the porcelain enamelling
industry, including the porcelain enamelling of steel and iron plates and
hollow-ware, baths, sinks, pipes, cisterns, household utensils and building
material; and including dressers (other than dressers doing the first or rough
dressing), blasters, firemen, picklers, packers, storemen, painters and
labourers, in the State, excluding the County of
Yancowinna.
Excepting
employees
of
State
Rail Authority of New South
Wales;
Urban
Transit Authority of New South
Wales;
Roads and
Traffic
Authority;
The
Water Board;
The
Hunter District Water
Board;
South
Maitland Railways Pty
Limited;
Southern
Copper Pty
Limited;
Metal
Manufacturers
Limited;
Incitec
Pty
Limited;
Australian
Standard Cables Proprietary Limited, at Port
Kembla;
The
Broken Hill Proprietary Company Limited, at
Newcastle;
Australian
Iron and Steel Proprietary Limited within the jurisdiction of the Iron and Steel
Works Employees (Australian Iron and Steel Proprietary Limited) Industrial
Committee;
Blue
Circle Southern Cement
Limited;
The
Council of the City of
Sydney;
The
Council of the City of South
Sydney;
The
Council of the City of
Newcastle;
Sydney
Electricity;
The
Northern Rivers County
Council;
The
Electricity Commission of New South Wales (Pacific
Power);
The
Australian Gas Light
Company;
Australian
Wire Industries Pty Limited, at its Newcastle
Wiremill;
Australian
Wire Industries Pty Limited at its Sydney
Wiremill;
Sydney
Harbour
Bridge;
The
United Dental Hospital of
Sydney;
and
excepting also
employees
In
or about coal mines north of Sydney, on or about coal mines in the South Coast
district, in or about coal and shale mines west of
Sydney;
In
or about metalliferous and limestone mines, in or in connection with mining for
minerals other than coal or shale, and in or about diamond and gem-bearing
mines, mining dredges, ore sluicing processes, ore smelting, refining, treatment
and reduction
works;
and
excepting employees
within the jurisdiction of the following Industrial
Committees
John
Lysaght (Australia) Limited Port
Kembla;
John
Lysaght (Australia) Limited
Unanderra;
John
Lysaght (Australia) Limited
Newcastle;
Australian
Wire Industries Proprietary Limited - Newcastle Ropery;
Special Steels and Steel Products Manufacture (Commonwealth Steel Company Limited); Tubemakers of Australia Limited, Yennora;
Tubemakers
of Australia Limited,
Newcastle;
Milk
Treatment &c, and Distribution
(State);
Cement
Workers &c.
(State);
County
Councils (Electricity Undertakings)
Employees;
Shortland
County
Council;
University
Employees &c.
(State);
Municipal
and Shire Council
Employees;
Shoalhaven
Scheme;
Crown
Employees (Skilled
Tradesmen);
Public
Hospitals (Skilled
Tradesmen);
University
Building Maintenance Employees
(State);
CSR
(Pyrmont
Refinery).
**
end of text **