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(912) STOREMEN AND PACKERS, GENERAL (STATE) AWARD

(912) SERIAL B9150

STOREMEN AND PACKERS, GENERAL (STATE) AWARD

Schedule of Consolidated Award Published on 18.8.2000 and Subsequent Variations Incorporated

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

AWARD

PART A

1. Arrangement

PART A

Clause No. Subject Matter

The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

PART B

MONETARY RATES

Table 1 - Minimum Award Wage Rates
Table 2 - Other Rates and Allowances

SCHEDULE A

Award and Variations Incorporated

SCHEDULE B Changes Made on Review

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

2. Definitions

(i) A "Casual employee" shall mean an employee who is engaged and paid as such.

(ii) A "Shift worker" shall mean a worker who is engaged and paid as such.

(iii) A "Work cycle" shall mean any period of 28 consecutive days.

(iv) In this award any reference to one gender shall mean a reference to the other gender.

(v) A "leading hand", for the purposes of this award:

(a) shall be appointed by the employer to assist in the good order of work flow in an operating area by:

(1) receiving instructions and allocating the work flow to employees;

(2) determining shortages in labour, or material or equipment failures, and bringing any deficiencies to the employer for consideration;

(b) shall, where a failure in training or behaviour occurs, disengage himself/herself from further action and refer the matter to the employer (provided that this does not preclude
a leading hand from giving training, but only on the general instructions of the employer);

(c) shall not become involved in planning annual leave rosters or rostered days off except by consultation with the employer to ensure an orderly overview of work cover;

(d) shall not become involved in disciplining of employees for behaviour, absenteeism or performance;

(e) shall give advice to the employer or other staff to assist with each of the above but only
to the extent of ensuring good order and work flow;

(f) shall not breach any confidence placed in them by fellow employees or the employer;

(g) is appointed on merit and skill, taking into account the following factors:
(1) clerical aptitude;

(2) H.O.W. supervisor assessment;

(3) work performance experience;

(4) attendance;

(5) attention to detail;

(6) general attitude to company standards;

(7) training and education.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

2A. Classifications

All storemen and packers covered by this award shall be classified as follows: Five Grade Structure -
Storeman and Packer Grade 1 - For the purposes of this award, a Storeman and Packer Grade 1 shall mean an employee who performs work to the level of their training, and:

(1) is responsible for the quality of their own work (subject to instructions and direction);

(2) works in a team environment and/or under routine supervision;

(3) undertakes duties in a safe and responsible manner;

(4) exercises discretion within their level of skills and training;

(5) possesses good interpersonal and communication skills.

(6) Indicative of the tasks which an employee at this level may be required to perform include the following:

General labouring and cleaning duties. Order assembling, including picking stock. Loading/unloading.
Receiving, checking, dispatching and sorting of products. Satisfying internal and external customer needs.
Operation of a keyboard to carry out stores work.
Documenting and recording of goods, materials and components. Basic inventory control.
Use of hand trolleys and pallet trucks.

Storeman and Packer Grade 2 - For the purposes of this award, a Storeman and Packer Grade 2 shall mean an employee who, in addition to performing the duties of a Grade 1 Storeman and Packer:

(1) has performed 12 months' service as a Storeman and Packer Grade 1 and has satisfactorily acquired the skills relevant to the enterprise at this level;

(2) may be required to use, for training purposes, materials handling equipment which requires licensing/certification; and

(3) may be required to assist in the development of Grade 1 Storeman and Packer. Storeman and Packer Grade 3 - For the purposes of this award, a Storeman and Packer Grade 3 shall
mean an employee who has undertaken sufficient training so as to enable him/her to perform work within the scope of this level in addition to the work of lower grades and who has been appointed by the
employer to perform such work on a continuous basis. An employee at this level performs work to the
level of their training and is:

(1) able to work from complex instructions and procedures;

(2) able to co-ordinate work in a team environment under general supervision;

(3) responsible for assuring the quality of their own work;

(4) possesses sound interpersonal and communication skills;

(5) licensed and/or certified to operate all appropriate materials handling equipment, e.g., forklift, mobile crane, carousel, etc.; and
© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

(6) may be required to perform the following tasks/duties:

Inventory and stores control.
VDU operation using intermediate keyboard skills to carry out stores work. Use of other electronic equipment, e.g., scanner, to carry out stores work. Routine maintenance of stores equipment and machinery.

Storeman and Packer Grade 4 - For the purposes of this award, a Storeman and Packer Grade 4 shall
mean an employee who has undertaken sufficient training so as to enable him/her to perform work within the scope of this level in addition to the work of lower grades and who has been appointed by the
employer as either a single storeworker in charge of a store or as an operator of computer technology used
for high level inventory and stock control.

An employee appointed in this capacity performs work to the level of their training, and:

(1) understands and is responsible for their own quality control;

(2) possesses a sound level of interpersonal and communication skills;

(3) sound working knowledge of all stores duties performed at levels below this grade,
exercises discretion within scope of this grade, and has a good knowledge of the employer's product;

(4) Where appropriate, accredited by the employer as competent in the understanding of regulations relating to handling, storage and loading/unloading of specific product, e.g., chemicals, solvents and explosives;

(5) may perform work requiring minimal supervision, either individually or in a team environment;

(6) must be competent to perform the following tasks/duties:

Licensed to operate appropriate materials handling equipment, e.g., fork lifts, mobile crane, carousel, etc.
Routine maintenance of stores equipment or machinery.

(7) In addition, may be responsible for the proper application and maintenance of appropriate occupational health and safety standards (optional).

(8) May also be responsible for quality control of the work of other Storemen and Packers without being responsible for their direction (optional).

Storeman and Packer Grade 5 - For the purposes of this award, a Storeman and Packer Grade 5 shall
mean an employee who has undertaken stores work of all lower grades and who has, at the request of the employer, completed the Warehousing and Distribution Course (No. 8502) at a Registered Training Organisation. An employee who is appointed by the employer to this level may be required to perform
the following, in addition to the work performed by other grades:

(1) implement quality control techniques and procedures;

(2) utilise highly developed level of interpersonal and communication skills;

(3) assist in the provision of on-the-job training and standards.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

(4) In addition, may be responsible for the proper application and maintenance of appropriate
occupational health and safety standards.

(5) This position is accountable for performing some of the following tasks, or a combination thereof:

Performing multiple stores activities. Managing the information within the store.
Has a sound knowledge of the employer's operation and product.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

2B. 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 pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996
(NSW);

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

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.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

(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.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

3. Enterprise Arrangements

See the enterprise arrangements principle of the State Wage Case Fixing Principles.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

4. Consultative Mechanisms

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

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

5. Disputes Procedure

(i) Any dispute arising out of employment shall be referred by the shop steward or an individual employee to the Company representative appointed for this purpose.

(ii) Failing settlement at this level between the Company and the shop steward on the job, the shop steward shall refer the dispute within 24 hours to the union organiser who will take the matter up with the Company.

All efforts shall be made by the Company and the union organiser to settle the matter but, failing settlement, the union organiser shall refer the dispute to the union Secretary and the Company
shall refer the dispute to its employer association and the union Secretary shall take the matter up with the employer association.

(iii) During the discussions the status quo shall remain and work shall proceed normally. "Status
quo" shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute.

(iv) At any time, either party shall have the right to notify the dispute to the Industrial Registrar.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

6. Labour Flexibility

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

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

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

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

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

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

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

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

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

7. Terms of Engagement

(i) Except as to casual employees, employment shall be on a weekly basis.

(ii) Employment of weekly hands during the first week of service shall be from day to day at the weekly rate, terminable at a day's notice on either side; provided that the employer shall
indicate, in writing, to an employee at the time of engagement whether he/she is being engaged
as a casual worker or on a weekly basis.

(iii) Subject as provided elsewhere in this award, employment shall be terminated by a week's notice on either side, given at any time during the week, or by payment or forfeiture, as the case may
be, of an amount equal to 1 week's wages.

(iv) Notwithstanding any provisions of the foregoing subclauses, the employer shall have the right to dismiss an employee without notice for misconduct and/or refusing duty.

(v) Provided that an employee whose employment is terminated by the employer on the working
day immediately preceding a holiday or holidays, otherwise than from misconduct, shall be paid for such holiday or holidays. This subclause is not to apply to an employee during the first
month of engagement.

(vi) Each employee on the termination of his/her employment shall, on request, be given a statement
in writing by his/her employer or his/her manager, stating the position held by the employee and the length of service.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

7A. Part-time Work

(i) An employee may be engaged on a part-time basis. A part-time employee shall mean a weekly employee engaged to work regular days and regular hours, either of which are less than the number of days or hours worked by a full-time employee.

(ii) A part- time employee is entitled to a minimum start per occasion of 3 continuous hours, except:

(a) where the employer and the employee concerned agree that there shall be a start of 2
continuous hours on 2 or more days per week, provided that:

(1) a 2-hour start is sought by the employee to accommodate the employee's personal]
circumstances, which must be specified, or

(2) the place of work is within a distance of 5 kilometres of the employee's place of residence.
(iii) A part-time employee may work up to 38 hours per week without the payment of overtime.

(iv) A part-time employee will be paid per hour 1/38 of the weekly rate of pay prescribed for a full- time employee of the same classification contained in Table 1 of this Award.

(v) Any hours worked by a part-time employee outside the ordinary hours of work as set out in clause 13, or in addition to the 38 hours per week shall be paid at overtime rates.

(vi) Subject to this clause, all the provisions of this award shall apply to a part time employee on a pro rata basis.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

8. Proportion of Juniors

One junior may be employed to every three or fraction of three storemen and/or packers receiving not less than the adult rate.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

9. Junior Employees - Wages

The minimum rate of pay to be paid to juniors shall be the following percentages of the appropriate rate of pay as set out in Table 1 - Minimum Award Wage Rates, of Part B, Monetary Rates, for the employee's classification.

Such percentages shall be calculated to the nearest 5 cents, any broken part of 5 cents in the result not exceeding half of 5 cents to be disregarded.

At 21 years of age, the minimum adult wage for the classification in which the employee is working;
provided that where an employee under 21 years of age is called upon to stack goods weighing 31.75 kg
or over more than 0.9144 metres high or to lift or carry without assistance goods weighing over 45.36 kg, he/she shall be entitled to the minimum wage prescribed for the appropriate classification.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

10. Wages

(i) The wage rates as set out in Table 1- Minimum Award Wage Rates, of Part B, Monetary Rates, are minimum award wage rates per week.

(ii) Leading Hand - Storeman and Packer in charge of 1 to 5 employees shall be paid as set out in Item 1 of Table 2 - Other Rates and Allowances, of the said Part B, in addition to the rates set out in the said Table 1, according to the classification.
Storeman and Packer in charge of 6 to 10 employees shall be paid as set out in Item 2 of of the said Table 2 in addition to the rates set out in Table 1, according to the classification.

Storeman and Packer in charge of 11 to 15 employees shall be paid as set out in Item 3 of Table
2 in addition to the rates set out in Table 1, according to the classification.

Storeman and Packer in charge of over 15 employees shall be paid as set out in Item 4 of Table 2
in addition to the rates set out in Table 1, according to the classification.

(iii) Casual Hands - Casual employees shall be paid an hourly rate equal to the appropriate weekly rate divided by 38, plus 15 per cent, calculated to the nearest half cent, with a minimum payment
on any day of four hours.

(NOTATION - The Annual Holidays Act 1944 provides that casual employees under this
award are entitled to receive an additional amount equal to 1/12 of their ordinary-time earnings
in lieu of annual leave.)

(iv) Single Employees - Where a Storeman and Packer is in charge of a bulk store, i.e., where there
is no other person located in the same or adjoining premises to whom such Storeman and Packer
is responsible, then such Storeman and Packer shall be paid a margin of not less than the rate set out in Item 5 of Table 2 in addition to his/her ordinary rate of pay.

(v) Fork Lift and/or Mobile Crane Drivers -

(a) A Storeman and Packer who, in the course of his/her employment, operates a fork lift shall, in addition to the rates otherwise payable in accordance with this clause, be paid
as set out in Item 6 of Table 2 whilst so employed.

(b) A Storeman and Packer who, in the course of his/her employment, operates a mobile crane shall, in addition to the rates otherwise payable in accordance with this clause, be paid as set out in Item 7 of Table 2 whilst so employed; provided that in respect of any hour or part thereof in which both of the additional payments prescribed in paragraph
(a) and this paragraph become payable, the amount payable in respect of that hour shall not exceed the payment as set out in Item 8 of Table 2.

(c) The additional rates provided for in this subclause shall be calculated on the total time
in which employees are actually engaged on such work but any time exceeding half an hour counted shall be counted as one hour and any time less than half an hour counted
as half an hour; provided further that the ordinary weekly wage payable to any such employee shall not exceed the amounts as set out in Groups 4 and 5 of Table 1,
attached to drivers of fork lifts and/or mobile cranes who may be exclusively employed
as such.

(vi) In iron yards, iron and steel pipe yards, machinery stores and ship chandlers, or where the
handling of barbed wire, fencing wire, plain or corrugated galvanised iron or bar iron forms part
of the usual duty of any employee, an additional amount as set out in Item 9 of Table 2 shall be paid.

(vii) Employees engaged in packing crockery, china, glass and glassware shall be paid an additional amount as set out in Item 10 of Table 2.
© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

(viii) Employees engaged in the blending of honey shall be paid an amount at the rate as set out in
Item 11 of Table 2 in addition to the ordinary rate for Storemen and Packers.

(ix) Employees engaged in the preparation of butter for wrapping and packing, the wrapping, packing
or despatching of same, or any work in connection therewith, shall be paid a rate as set out in Group 6 of Table 1; provided that employees engaged in reclaiming waste butter from paper wraps shall be paid an additional payment at the rate as set out in Item 12 of Table 2.

(x) When carrying bagged stuff or other packages exceeding 68.04 kg in weight for one hour or more per day, casual or weekly employees shall be paid the amount as set out in Item 13 of
Table 2 in excess of ordinary rates for the time so engaged. When the weights exceed 81.65 kg the rate shall be as set out in Item 14 of Table 2 in excess of ordinary rates. A stacker of bagged
stuff shall be paid carrying rates.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

10A. Arbitrated Safety Net Adjustments

(a) The rates of pay in this award include the first, second and third arbitrated Safety Net
Adjustments ($8.00 per week - 18 February 1994, 8 May 1995, 27 April 1998) payable under
the State Wage Case - December 1994 decision. All of the above safety net adjustment may be offset to the extent of any wage increase received at the enterprise level since 29 May 1991. Increases made under previous State Wage Case principles or under the current principles, excepting those resulting at the enterprise level, are not to be used to offset arbitrated safety net adjustments.

(b) 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.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

11. Shift Workers

(i) Definitions - For the purposes of this clause:

"Early Morning Shift" means any shift commencing at or after 4.00 a.m. and before 6.30 a.m.

"Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.

"Continuous Work" means work carried on with consecutive shifts of employees throughout the
24 hours of each of at least 6 consecutive days without interruption, except during breakdowns
or meal breaks or due to unavoidable causes beyond the control of the employer.

"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.

"Rostered Shift" means a shift of which the employee concerned has had at least 48 hours'
notice.

(ii) Hours - Continuous Work Shifts - The ordinary working hours of shift workers employed on continuous work shall be an average of 38 per week as provided in clause 13, Hours. Such ordinary working hours:

(a) shall not exceed 152 in any work cycle; and

(b) except as provided in subclause (iv) of the said clause 13, shall not exceed:

(1) 8 in any 1 day; or
(2) 48 in any 1 week; or
(3) 88 in any 14 consecutive days; or
(4) 128 in any 21 consecutive days.

(iii) Hours - Other Than Continuous Work - The ordinary working hours of shift workers not on continuous shifts shall be an average of 38 per week as provided for in clause 13. Such ordinary working hours:

(a) shall not exceed 152 in any work cycle; and
(b) except as provided in subclause (iv) of clause 13, shall not exceed:

(1) 8 in any 1 day; or
(2) 40 in any 1 week; or
(3) 80 in any 14 consecutive days; or
(4) 120 in any 21 consecutive days.

(iv) Hours - General - The ordinary working hours of shift workers shall be worked at such times
as the employer may require, provided that:

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

(b) Twenty minutes shall be allowed to shift workers each shift for crib, which shall be counted as time worked.
(c) The ordinary working hours of any shift shall be worked continuously except for meal breaks, to be taken at such times as the employer may direct.

(d) No employee shall be required to work for more than 5 consecutive hours without a meal break.

(v) Rosters - Subject to paragraph (a) of this subclause, shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.
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(a) An employee shall not be required by an employer to work an early morning shift
where this would impose upon that employee any unreasonable personal hardship(s). Without limiting the generality of the concept "any unreasonable personal hardship", it shall include where an employee is unwilling to work a morning shift on account of
"illness, incapacity, domestic or other pressing necessity". Provided further that an employer shall consult with the accredited representative of the union in relation to the implementation of an early morning shift.

(vi) Variations by Agreement - The method of working shifts may, in any case, be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment. The time of commencing and finishing shifts, once having been determined, may be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment or, in the absence of agreement, by seven days' notice of alteration given by the employer to the employees.

(vii) Early Morning Shift Allowances -

(a) A shift worker whilst on early morning shift shall be paid for such shift a penalty payment of 12.5 per cent in addition to his/her ordinary rate of pay.

(b) A shift worker who works on morning shift which does not continue for at least 5 successive mornings in a 5-day workshop, or for at least 6 successive mornings in a 6- day workshop shall be paid for each such shift 50 per cent for the first 3 hours thereof and 100 per cent for the remaining hours thereof in addition to his/her ordinary rate.

(viii) Afternoon or Night Shift Allowances -

(a) A shift worker whilst on afternoon or night shift shall be paid for such shift 15 per cent more than his/her ordinary rate.

(b) A shift worker who works on an afternoon or night shift which does not continue for at least 5 successive afternoons or nights in a 5-day workshop or for at least 6-successive afternoons or nights in a 6-day workshop shall be paid for each such shift 50 per cent
for the first 3 hours thereof and 100 per cent for the remaining hours thereof in addition
to his/her ordinary rate.

(c) An employee who:

(1) during a period of engagement on shift, works night shift only; or

(2) remains on night shift for a longer period than 4 consecutive weeks; or

(3) works on a night shift which does not rotate or alternate with another shift or with day work so as to give him/her at least one-third of his/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/her ordinary rate for all time worked during ordinary working hours on such night shift.

(ix) 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 one-half. Such extra rate shall
be in substitution for and not cumulative upon the shift premiums prescribed in subclauses (vii)
and (viii) of this clause.

(x) Overtime - Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift, shall:
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(a) if employed on continuous work be paid at the rate of double time; or

(b) if employed on other shift work be paid at the rate of time and one-half for the first 2
hours and double time thereafter, except in each case when the time is worked:

(c) by arrangement between the employees themselves;

(d) for the purpose of effecting customary rotation of shifts; or

(e) on a shift to which an 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 a day.

Provided that when not less than 8 hours' notice has been given to the employer by a relief employee that he/she will be absent from work and the employee whom he/she
should relieve is not relieved and is required to continue to work on his/her rostered day off, the unrelieved employee shall be paid double time.

(xi) Requirements to Work Reasonable Overtime - An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.

(xii) Sundays and Holidays - Shift workers on continuous shifts for work on a rostered shift the major portion of which is performed on a Sunday or holiday shall be paid as follows:

(a) Sundays - at the rate of double time.

(b) Holidays - as prescribed by clause 24, Holidays, at the rate of double time. Shift workers on other than continuous work for all time worked on a Sunday or holiday shall be paid at the rates prescribed by clause 25, Holiday and Sunday Rates of Pay.

Where shifts commence between 11.00 p.m. and midnight on a Sunday or holiday, the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as time worked on such Sunday or holiday. Where shifts fall partly on a holiday, that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.

(xiii) Daylight Saving - Notwithstanding anything contained elsewhere in this award, in any area where, by reason of the legislation of a State, summer time is prescribed as being in advance of the standard time of that State, the length of any shift:

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

(b) 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 thereof, the time of the clock in each case to be set to the time fixed pursuant to the relevant State legislation.

In this subclause the expressions "standard time" and "summer time" shall have the same meanings as are prescribed by the relevant State legislation.
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The NSW industrial relations system covers most unincorporated businesses in NSW
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(xiv) Clauses 16, Overtime, 14, Meal Hours, and subclause (i) of clause 13, Hours, shall not apply to
shift workers.

(xv) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

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

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

The provisions of this subclause shall apply in the case of shift workers as if 8 hours were substituted for 10 hours when overtime is worked:

(a) for the purpose of changing shift rosters; or

(b) where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

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

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

12. Payment of Wages

(i) Wages of weekly employees shall be paid not later than Thursday of each week; provided that the pay day and the days held in hand for employees employed in a mixed industry shall be the same
as for the majority of employees in that industry, conditional upon the employer notifying the
National Union of Workers, New South Wales Branch.

(ii) Except as otherwise provided for in this clause, no employer shall hold more than 1 day's wages in hand.

(iii) Casual hands shall be paid at the place of their employment on termination of their service.

(iv) Any person left waiting for more than 15 minutes shall be paid the casual rate for such waiting time.

(v) In the event that an employee, by virtue of the arrangement of the ordinary working hours, is to take a day off on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day. Provided that where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.
(vi) Subject to the remainder of this clause, payment of wages may be made by means of payment by cash or electronic funds transfer, provided that payment by electronic funds transfer shall not be used wherever its use would create harsh or unreasonable circumstances for employees.

(vii) Wherever wages are paid by electronic funds transfer under subclause (vi) hereof, the employer shall meet the following costs:

(a) The employee’s account establishment cost.

(b) The cost of each deposit of wages in the employee's account, including Government charges.

(c) The cost of a single withdrawal of each deposit of wages from an employee's account.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

12A. Deduction and Remittance of Union Membership Fees

(i) 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 (ii) 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).

(ii) 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 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.

(iii) 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.

(iv) 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.
(v) 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.

(vi) An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

(vii) 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.

(viii) The above variations shall take effect:

(a) In the case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll
© Department of Commerce - Office of Industrial Relations
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The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

calculations are made through the use of computerised means, from the beginning of the
first pay period to commence on or after 25 March 2003.

(b) In the case of employers who do not fall within subparagraph (i) 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 pay period to commence on or after 25 June 2003.

(c) For all other employers, from the beginning of the first pay period to commence on or after 25 September 2003.

© Department of Commerce - Office of Industrial Relations
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NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

13. Hours

(i) The ordinary working hours, exclusive of meal times, shall average 38 per week, Monday to
Friday, worked as follows:

(a) The hours to be worked will be between the span of hours 6.30 a.m. to 5.30 p.m.

(b) Once having been fixed, the time for commencing and finishing work shall not be altered without at least 7 days' notice to the employees concerned or by mutual agreement between the employer and such employees. Where the majority of the employees and the employer so agree, the starting time may be varied to an earlier time.

(ii) Except as provided in subclauses (iv) and (v) of this clause, the 38-hour average week may be implemented in any one of the following ways:

(a) by employees working less than 8 ordinary hours each day; or

(b) by employees working less than 8 ordinary hours on one or more days each week; or

(c) by fixing one weekday on which all employees will be off during a particular work cycle; or

(d) by rostering the employees off on various days of the week during a particular work cycle so that each employee has one weekday off during that cycle.

(iii) The method of implementation of the 38-hour average week shall be at the discretion of the employer, who shall nominate which method prescribed in subclause (ii) of this clause shall apply. Provided that the employer shall not subsequently alter the method of implementation without advising the employee subject to the alteration at least 7 days in advance of the date on which the altered method of implementation is to take effect.

(iv) Subject to the provisions of subclause (i) of this clause and (ii) and (iii) of clause 11, Shift Workers, should the employer and the majority of employees in any establishment agree, the ordinary working hours may exceed 8 on any day to enable a weekday off to be taken more frequently than would otherwise apply.

(v) Different methods of implementation of a 38-hour week may apply to various groups or sections
of employees in the plant or establishment concerned.

(vi) Except as provided in subclause (vii) of this clause, in cases where an employee, in accordance with paragraphs (c) and (d) of subclause (ii) of this clause, is entitled to a day off during his/her work cycle, such employer shall be advised by the employee at least 4 weeks in advance of the weekday he/she is to take off.

(vii) (a) An employer, with the agreement of a majority of employees in any establishment, may substitute the day an employee is to take off in accordance with paragraphs (c) or (d) of subclause (ii) of this clause, for another day in the case of a breakdown in machinery, a failure or shortage of electric power to meet the requirements of the business in the event of rush orders or some other emergency situation.

(b) An employee who is required by his/her employer to work on his/her scheduled day off
in circumstances other than those in paragraph (a) of this subclause shall be paid overtime rates or be granted an alternative day off. Such choice shall be at the option
of the employee.

(c) An individual employee, with the agreement of his/her employer, may substitute the day he/she is to take off for another day.
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The NSW industrial relations system covers most unincorporated businesses in NSW
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NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

(d) An employer may hold up to a maximum of 5 days accrued in accordance with
paragraphs (c) and (d) of subclause (ii) of this clause. The accrued days are to be taken
at a time mutually agreed between the employer and the employee.

© Department of Commerce - Office of Industrial Relations
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The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

14. Meal Hours

(i) Not less than 30 minutes or more than one hour shall be allowed for meal breaks. The meal break shall be taken no later than to finish at 2.00 p.m., provided that no employee shall be required to work for more than 5 hours without a break for a meal. Such meal break shall not count as time worked.

(ii) Where overtime is necessary for more than 1 hour after the usual finishing time, a break of not less than 30 minutes or more than 1 hour shall be allowed for tea and shall be taken within 1 hour of
such finishing time. Where such overtime does not exceed 1 hour, there shall not be any break;
provided that any employer and his/her employee may mutually agree to any variation of this subclause to meet the circumstances of the work in hand.

(iii) Subject to subclauses (i) and (ii) of this clause, an employer may require an employee to work during his/her recognised meal break as part of his/her ordinary time.

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The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

15. Morning Rest Period

All employees shall be allowed ten minutes each morning as a rest period for morning tea, such time to be counted as time worked.

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16. Overtime

(i) All work done before the starting time and/or after the finishing time fixed in accordance with clause 13, Hours, Monday to Friday, inclusive, or on a Saturday, shall be overtime and shall be
paid for at the rate of time and one-half for the first 2 hours and double time thereafter. Provided that all time worked after 12 noon on Saturday shall be paid for at the rate of double time. The minimum payment for work performed on a Saturday shall be four hours at the appropriate rate.

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

(iii) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.

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

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

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

17. Crib Time

An employee working overtime shall be allowed a crib of 20 minutes without deduction of pay after each
4 hours of overtime worked if the employee continues work after such crib time.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

18. Meal Allowance

An employee who works overtime for more than one hour on any day or shift after the fixed ceasing time shall be paid on such day the amount as set out in Item 15 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as a meal allowance unless notified on the previous day of the intention to work such overtime. Such payment shall be made prior to the commencement of the meal time on the day overtime is to be worked. Should an employee be notified of the intention to work overtime and then not
be called upon to do so, he/she shall be paid the amount as set out in Item 16 of Table 2.

© Department of Commerce - Office of Industrial Relations
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NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

19. Special Rates

(i) Dirty Work - Work which a foreman and Storeman and Packer shall agree is of an unusually
dirty or offensive nature shall be paid the amount as set out in Item 17 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

In the case of disagreement between the foreman and workman, the Storeman and Packer or his/her shop steward on his/her behalf shall be entitled, within 24 hours, to ask for a decision on
the Storeman and Packer's claim by the employer's industrial officer (if there be one), or otherwise
by the employer or the executive officer responsible for the management or superintendence of the plant concerned. In such case, a decision shall be given on the workman's claim within 48 hours
of it being asked for (unless that time expires on a non-working day, in which case it shall be given during the next working day), or else the said allowance shall be paid. Any dispute arising under
this subclause as to whether the work is of an unusually dirty or offensive nature shall be
determined by the appropriate industrial committee.

(ii) Hot Places - Working for more than 1 hour in the shade in places where the temperature is raised
by artificial means to between 46.1 degrees Celsius and 54.4 degrees Celsius - the amount as set out in Item 18 of Table 2; in places where the temperature exceeds 54.4 degrees Celsius - the amount as set out in Item 19 of Table 2. Where work continues for more than 2 hours in temperatures exceeding 54.4 degrees Celsius, employees shall also be entitled to 20 minutes' rest after every 2 hours' work without deduction of pay. The temperature shall be decided by the foreman of the work after consultation with the employees who claim the extra rate.

(iii) Wet Places - An employee working in any place where his/her clothing or boots becomes saturated, whether by water, oil or otherwise, shall be paid the amount as set out in Item 20 of Table 2; provided that this extra rate shall not be payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear. And provided further
that any employee who becomes entitled to this extra rate shall be paid such extra rate for such part
of the day or shift as he/she is required to work in wet clothing or boots.

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20. Obnoxious Materials

(i) Employees directly engaged in the handling of the materials named in this subclause, subject to the conditions set out herein, shall be paid such extra hourly rate as is set out in Item 21 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, regarding the following paragraphs (a)
and (b):

(a) Soda ash, lignosol, bulk sulphur, phosphate rock, manganese, carbon black, lamp black
or fish meal (other than in undamaged steel drums, undamaged casks or undamaged polythene bags).

(b) Oxides, including antimony oxide, zinc oxide, yellow oxide, titanium, red lead, litharge
or any oxide with a similar base when free or packed in sacks or bags (other than in undamaged steel drums, undamaged casks or undamaged polythene bags).

(ii) Employees engaged in the handling of hydrogen fluoride shall be paid at the rate of double time whilst so engaged.

(iii) Employees engaged in the handling of any of the materials mentioned in this clause and for which extra rates are provided shall, subject to the conditions specified herein, be paid a minimum of four hours at the appropriate rate for each day upon which the employee is so engaged.

(iv) Employees engaged in the loading, unloading or handling by mechanical appliance of any materials in unbroken containers in circumstances such that the employee is not exposed to any disability arising from the obnoxious nature of the materials, shall not qualify for the extra rates stipulated herein.

(v) Leave is reserved to the parties to apply as they may be advised for a variation of this clause in relation to the following items:

Offal, inflammable or hazardous liquids and gases, cryolites, nitram, nuco clay, powdered molasses, clinker dust and wheat dust.

(vi) In the event of any dispute as to the obnoxious nature of any additional materials not mentioned in this clause, or the extra rate to be paid for any goods classified as obnoxious materials or as to the application of subclause (v) of this clause, any party to these proceedings may refer the matter to
the appropriate industrial committee or the Industrial Relations Commission of New South Wales for determination.

© Department of Commerce - Office of Industrial Relations
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(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

21. Fares and Travelling Time

(i) All weekly employees shall be paid at ordinary rates (or overtime rates if overtime is worked) for
all time occupied in travelling to and from work when they are required or directed to work at a
place other than their usual place of work. When employees have a fixed starting point, they shall
be paid for all time occupied in travelling between the starting point and their work and for all time
in excess of half an hour from the work to the starting point. All fares shall be paid by the employer.

(ii) If employees are unable to reach their homes at night, all reasonable expenses incurred, in addition
to fares, overtime rates if worked and weekly rates for the class of work prescribed herein, shall be paid to them.

(iii) An employee who is required by the employer to use his/her own motor vehicle for travelling on the employer's business shall be paid a rate as set out in Item 22 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

© Department of Commerce - Office of Industrial Relations
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The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

22. First-aid

The employee who is appointed as a first-aid attendant shall be paid an additional payment at the rate as set out in Item 23 of Table 2.

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The NSW industrial relations system covers most unincorporated businesses in NSW
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NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

23. Mixed Functions

An employee employed in a higher classification for 2 hours or more for which a higher rate of pay is provided for herein, shall receive such higher rate of pay for the full day.

If employed for less than 2 hours on any day on any such higher classification, he/she shall receive such higher rate of pay whilst so employed.

The aforementioned provisions shall not apply to employees receiving the hourly allowance under subclause (vi), Fork Lift and/or Mobile Crane Drivers, of clause 10, Wages.

No employee shall suffer any reduction in wages if temporarily employed on work other than on which he/she is regularly employed and for which a lower rate is provided for herein.

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This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

24. Holidays

(i) The days upon which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, and Boxing Day are
observed, together with any day gazetted or proclaimed as a public holiday for the district in which the employee is employed, shall be holidays.

(ii) In addition to the holidays specified in subclause (i), of this clause, one additional paid holiday shall apply in each calendar year to an employee on weekly hire. Unless agreed otherwise, the first Tuesday following Easter Monday shall be the additional holiday.

An employer and an employee, or an employer and the majority of employees in an establishment, may agree to observe an alternative day as a holiday in lieu of the first Tuesday following Easter Monday.

(iii) In the case of an employee whose ordinary hours of work are arranged in accordance with subclause (iv) or paragraphs (c) or (d) of subclause (ii) of clause 13, Hours, the weekday to be
taken off shall not coincide with any holiday fixed in accordance with subclauses (i) and (ii) of this clause. Provided that in the event that a holiday is prescribed after an employee has been given
notice of his/her weekday off in accordance with subclause (vi) of the said clause 13, and the
holiday falls on the weekday the employee is to take off, the employer shall allow the employee to take the day off on an alternative weekday.

(iv) An employee who works continuous work and who, by the circumstances of the arrangement of his/her ordinary hours of work is entitled to a rostered day off which falls on a public holiday described by this clause, shall, at the discretion of the employer, either be paid for that day, at ordinary rates, or have an additional day added to their annual leave. This provision shall not apply when the holiday on which he is rostered off falls on a Saturday or Sunday.

(v) Where an employee is absent from his/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, the employee shall not be entitled to payment for such holiday. Reasonable excuse shall be satisfied
by a certificate from a duly qualified medical practitioner or a statutory declaration. An employee shall notify the employer of such an absence prior to normal starting time wherever practicable.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

25. Holiday and Sunday Rates of Pay

(i) All time worked on Christmas Day and Good Friday shall be paid for at the rate of treble time.

(ii) All time worked on Sunday shall be paid for at the rate of two and one-half times the ordinary rate and all time worked on holidays, other than the aforesaid, shall be paid for at double time and
one-half.
(iii) For work performed on a holiday which falls on a Saturday payment shall be made at the rate of double time and one-half.

(iv) The minimum payment for work performed on Sundays and holidays shall be 4 hours at the appropriate rate.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

26. Sick Leave

(i) (a) An employee working under the award who is unable to attend for duty during ordinary working hours by reason of personal illness or incapacity (including incapacity resulting from injury within the Workers' Compensation Act 1987), not due to his/her own serious and wilful misconduct, shall be entitled to be paid at ordinary time rates of pay for the time of such non-attendance; provided that he/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.

(b) An employee shall, within 6 hours of the commencement of such absence or within such time as is practicable for the employee, inform the employer of his/her inability to attend for duty and, as far as possible, state the estimated duration of the incapacity.

(c) The employee shall prove to the satisfaction of the employer (or, in the event of a dispute, the Industrial Relations Commission of New South Wales) that he/she is or was unable, on account of such illness, to attend for duty on the day or days for which payment under this clause is claimed.

(d) Except as herein provided, he/she shall not be entitled, in the first year of employment,
to leave in excess of 5 days, and 10 days in the second and subsequent years of employment. Sick pay entitlement for part-day absences shall be calculated on a proportionate basis by multiplying the duration of sick leave absence by the average daily pay for ordinary hours and dividing the sum by the ordinary hours normally worked that day.

(e) The rights under this clause shall accumulate from year to year, so that any part of the sick leave which has not been allowed in any year may, subject to the conditions prescribed by this clause, be claimed by the employee and shall be allowed by the employer in any subsequent year of employment. Any rights which accumulate pursuant to this subclause shall be available to the employee for a period of 12 years in addition to the current year, but no longer, from the end of the year in which they have accrued.

(f) The payment for any absence on sick leave in accordance with this clause during the first three months of employment of an employee may be withheld by the employer until the employee completes such three months of employment, at which time the payment shall be made.

(g) For the purpose of this clause, continuous service shall be deemed not to have been broken by any absence from work on leave granted by the employer. Provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

(h) Accumulated leave at the credit of the employee at the commencement of this award will not be increased or reduced by this clause.

(i) 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 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. Nothing in this subclause shall limit the employer's right under paragraph (c) of subclause (i) of this clause.

© Department of Commerce - Office of Industrial Relations
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The NSW industrial relations system covers most unincorporated businesses in NSW
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NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

26A. Personal/Carer's Leave

(1) Use of Sick Leave -

(a) An employee, other than a casual employee, with responsibilities in relation to a class
of person set out in subparagraph (ii) of paragraph (c) of this subclause, 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 in clause 26, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave
may be taken for part of a single day.

(b) The employee shall, if required, 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. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

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

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

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

(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.

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

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
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NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

(2) Unpaid Leave for Family Purpose -

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

(3) Annual Leave -

(a) An employee may elect, with the consent of the employer, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

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

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

(4) Time Off in Lieu of Payment for Overtime -

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

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

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

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

(5) Make-up Time -

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

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

(6) Rostered Days Off -

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

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

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The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

(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.

(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.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

27. Annual Leave

See Annual Holidays Act 1944. Leave is reserved pending the outcome of any test case on this matter in the Industrial Relations Commission of New South Wales.

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The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

28. Annual Leave Loading

(i) This clause takes effect on and from 1 January 1974. It applies only in relation to annual holidays
to which employees become or have become entitled after 31 December 1973.

(ii) In this clause, the Annual Holidays Act 1944 is referred to as "the Act".

(iii) Before an employee is given and takes an annual holiday or where, by agreement between the employer and the employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employee shall pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employer takes an annual holiday wholly or partly in advance - see subclause
(vii) of this clause.)

(iv) The loading is payable in addition to the pay for the period of holidays given and taken and due to the employee under the Act.

(v) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled since 31 December 1973 under the Act and this award (but excluding days added to compensate for public or special holidays worked or public or special
holidays falling on an employee's rostered day off not worked) and which commences on or after 1
January 1974 or, where such a holiday is given and taken in separate periods, then in relation to
each such separate period. (NOTE: See subclause (vii) of this clause as to holidays taken wholly
or partly in advance after 31 December 1973.)

(vi) The loading is the amount payable for the period or the separate period, as the case may be, stated
in subclause (v) of this clause, at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by Table 1 - Minimum Award Wage Rates, of Part B, Monetary Rates, for the classification in which the employee was employed immediately before
commencing his/her annual holiday, together with, where applicable, the rate prescribed by Item 5
(Single employee) of Table 2 - Other Rates and Allowances, of Part B, but shall not include any other allowances, penalty or disability rates, shift allowances, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this award.

(vii) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (vi) of this clause, applying the award rates of wages payable on that day. This subclause applies where
an annual holiday has been taken wholly or partly in advance of 31 December 1973 and the entitlement to the holiday arises on or after 1 January 1974.

(viii) Where, in accordance with the Act and on or after 1 January 1974, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without
pay to the employees concerned:

(a) An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause
(vi) of this clause.
(b) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable under this clause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.

(ix) (a) When the employment of an employee is terminated by his/her employer on or after 1
January 1974 for a cause other that misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which
© Department of Commerce - Office of Industrial Relations
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The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

he/she became entitled after 31 December 1973 she/he shall be paid a loading
calculated in accordance with subclause (vi) for the period not taken.

(b) Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

(x) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if not on holiday; provided that, if the amount to which the employee
would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this
clause, then that amount shall be paid to the employee in lieu of the loading.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

29. Long Service Leave

See Long Service Leave Act 1955.

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NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

30. Bereavement Leave

(i) An employee shall be entitled on notice to bereavement leave, up to and including the day of the funeral, without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days' work on each occasion of the death of a person prescribed in subclause (iii) below.

(ii) The employee shall provide proof of death to the satisfaction of the employer, if required by the employer.

(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal Carer's Leave in subclause (1)(c)(ii) of Clause 26A provided that for
the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

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

(v) An employee shall be entitled to bereavement leave under this clause in the event of the death outside Australia of a person prescribed in subclause (iii) above, if the employee goes overseas to attend the funeral.

(vi) Bereavement leave may be taken in conjunction with other leave available under subclauses 1(a),
2, 3, 4, 5 and 6 of Clause 26A, Personal/Carer's Leave. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

© Department of Commerce - Office of Industrial Relations
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(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

31. Jury Service

An employee shall be allowed leave of absence during any period when required to attend for jury service.

During such leave of absence, an employee shall be paid the difference between the jury service fees
received and the employee's award rate of pay as if working. An employee shall be required to produce to the employer proof of jury service fees received and proof of requirement to attend and attendance on jury service and shall give the employer notice of such requirements as soon as practicable after receiving notification to attend for jury service.

© Department of Commerce - Office of Industrial Relations
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The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

32. Repatriation Leave

Upon the production of evidence satisfactory to the employer, an employee who is entitled to supervision
by the Department of Veteran's Affairs shall be entitled to be paid the employee's award rate of pay; provided that the employer shall be obliged to make such payments on not more than four occasions in any year and payment is not to exceed four hours' pay on each occasion.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
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NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

33. General Conditions

(i) There shall be provided a sufficient supply of boiling water at meals for all employees and an adequate supply of fresh cold water for drinking purposes shall be supplied on the job.

(ii) Where the nature of the work performed by employees necessitates suitable waterproof clothing and/or aprons, rubber boots or clogs, gloves, goggles and protective breathing apparatus applicable
to that work, they shall be supplied to and worn by the employees and paid for by the employer and shall remain the property of the employer.

(iii) See also relevant Occupational Health & Safety Legislation and Regulations as amended from time to time.

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34. Redundancy

(i) Application:

(a) This clause shall apply in respect of full-time and part-time employees.

(b) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.
(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.

(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.

(ii) Introduction of Change:

(a) Employer's Duty of Notify:

(1) 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.

(2) 'Significant effects' include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(b) Employer's Duty to Discuss Change:

(1) 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 paragraph (a) above, 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.

(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in Paragraph (a) of this subclause.

(3) For the purpose of such discussion, 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

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that any employer shall not be required to disclose confidential information the
disclosure of which would adversely affect the employer.

(iii) Redundancy:

(a) Discussions Before Terminations

(1) 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 subparagraph (1)
of paragraph (a) of subclause (ii) above, 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.

(2) The discussions shall take place as soon as practicable after the employer had made
a definite decision which will invoke the provision of subparagraph (1) of this subclause 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 on the employees concerned.

(3) 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 workers normally employed and the period over which the terminations
are likely to be carried out. Provided any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the
employer.

(iv) Termination of Employment:

(a) Notice for Changes in Production, Programme Organisation or Structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme" "organisation" or "structure" in accordance with subclause (ii)(a)(1) above.

(1) In order to terminate the employment of an employee the shall give to the employee the following notice:

(2) In addition to the notice above, employees over 45 years of age at the time of the
giving of the notice with not less than two years continuous service, shall be entitled
to an additional week's notice.

(3) 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.

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(b) 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 subclause (ii)(a)(1) above:

(1) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

(2) 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.

(3) 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.

(c) Time Off During the Notice Period

(1) During the period of notice of termination given by the employer, an employee shall be allowed up on one day's time off without loss of pay during each week of notice,
to a maximum of five weeks, for the purposes of seeking other employment.

(2) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(d) 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.

(e) 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.

(f) Notice to Appropriate Commonwealth Agency - Where a decision has been made to terminate employees, the employer shall notify the appropriate Commonwealth Agency thereof as soon as possible giving relevant information including the number and categories
of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(g) CentreLink Employment Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the
employee as "Employment Separation Certificate" in the form required by the Department
of Social Security.

(h) Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii) above, 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.
© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

(v) Severance Pay:

(a) Where an employee is to be terminated pursuant to subclause (iv) above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service.

(1) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

(2) Where an employee is 45 years of age or over, the entitlement shall be in
accordance with the following scale:

(3) "Week’s Pay" means the all-purpose rate of pay for the employee concerned at the
date of termination, and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances for in the relevant award.

(b) 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 paragraph (a) above.

The Industrial Relations 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 (i) above will have on the employer.

(c) 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 Paragraph (a) above if the employer obtains acceptable alternative employment for an employee.

(vi) Savings Clause - Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

under any existing redundancy arrangement, taken as a whole, between the union and any
employer bound by this award.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

35. Shop Steward

An employer shall allow a shop steward, appointed by employees in each establishment and whose name has been forwarded by the union, in writing, to the employer the necessary time during working hours to interview him/her or his/her representatives on matters affecting the employees whom the steward represents.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

36. Exemptions

(i) W.D. & H.O. Wills (Aust.) Limited is exempted from the provisions of this award; provided that the present conditions observed and agreed to by and between the said company and The
Federated Tobacco and Cigarette Workers' Union of Australia, New South Wales Branch, are adhered to in respect of such employees.

(ii) For the purpose of the Australasian Conference Association Limited at Cooranbong, the words
"Friday" (other than in the expression "Good Friday"), "Saturday" (other than in the expression
"Easter Saturday"), "Sunday", and "Monday" (other than in the expression "Easter Monday") wherever appearing in this award are to be read, respectively, as "Thursday", "Friday", "Saturday" and "Sunday".

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

37. Superannuation

(i) Definitions - In this clause the following definitions shall apply:

(a) "L.U.C.R.F." shall mean the Labour Union Co-operative Retirement Fund.

(b) "Approved Fund" shall mean a superannuation fund which has been approved in accordance with the Commonwealth Operational Standards for Occupational Superannuation Funds.

(c) "Eligible Employee" shall mean a weekly or casual employee who is employed to work in
an establishment pursuant to the terms of this award and who has been so employed for four calendar weeks.

In the case of casual employees, ordinary hours of service need not be continuous. All hours
of service accumulated by a casual employee shall be included in the calculation of ordinary hours of service towards the attainment of the qualifying period.

(d) "Freedom of Choice" shall mean an individual choice of each employee as to which superannuation scheme he/she wishes to join. The options shall be either L.U.C.R.F. or an approved fund of the company's choosing.

(e) "Ordinary-time Earnings" shall mean:

(1) In the case of a weekly employee, his/her classification's weekly rate of pay for ordinary hours of labour; or

(2) in the case of a casual employee, earnings for his/her classification during ordinary working hours (including 15% casual loading).

(3) A classification's rate shall include the rate per week and allowances related to work and/or conditions.

(4) Ordinary-time earnings shall also include any overaward payment.

"Overaward payment" means the amount (whether it be termed "overaward payment", "attendance bonus", "service increment", or any term whatsoever) which an employee would receive in excess of an award and/or industrial agreement rate
of pay for the classification in which such an employee is engaged. Provided that such payment shall exclude payments related to overtime, meal money allowance and any other ancillary payment of a like nature prescribed by an award and/or industrial agreement.

(ii) Contributions -

(a) An employer shall pay to the Trustee of L.U.C.R.F. or an approved fund, in respect of each eligible employee, an amount equal to three per cent of the employee's ordinary-time
earnings in accordance with the exercise of such employee's freedom of choice.

(b) When an employee becomes an eligible employee by having completed the required qualifying period of employment, the employer shall pay contributions for the qualifying period.
(c) Provided that where an eligible employee has not joined the fund and refuses in writing to
so join, the employer shall not be bound to make contributions for that eligible employee.

(d) An employer may make a pro rata deduction from the weekly contribution for each hour that an employee is absent from work without pay.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

(e) An employer shall remit to the Trustee of L.U.C.R.F. or an approved fund, whichever is
applicable, all payments due in respect of eligible employees immediately at the conclusion
of each calendar month or at such other times and in such other manner as may be agreed in writing between the employer and the Trustee.

(iii) Existing Arrangements - Nothing in this clause shall affect any arrangement for the payment of three per cent occupational superannuation (emanating from the State Wage Case decision of 1986 and subsequent decisions) into L.U.C.R.F. or an approved fund, which commenced before 20
March 1989.

Further, it is not the intent of this clause to reduce the terms of any existing agreement between an employer and the Trustee of L.U.C.R.F. or of an approved fund, whichever is applicable.

Leave Reserved - Leave is reserved to any party to apply in Matter No. 11 of 1989 in respect of any unforeseen circumstances not contemplated by the parties at the time that clause was inserted into this award.

(NOTATION: Employees covered by this award are also covered by the provisions of the
Superannuation Guarantee Charge Act 1992 (Cth.) and the Superannuation Guarantee
(Administration) Act 1992 (Cth.) and complementary legislation. Nothing in this notation,
however, shall be used to reduce any benefits enjoyed by employees as at the date of the making of this award.)

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

38. Anti-Discrimination

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

(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.

(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.

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

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

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

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

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

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

N OTES -

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

“Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion”.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

39. Area, Incidence and Duration

(a) This award shall apply to employees in the classifications specified in the award within the jurisdiction of the Storemen and Packers, General (State) Industrial Committee (sections 1, 2, 5, 6,
7, 8 and 9).

(b) This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Storemen and Packers, General (State) Award published 21 May 1999
(309 I.G. 369) and all variations thereof.

(c) The award published 21 May 1999 took effect from the beginning of the first pay period to commence on or after 27 April 1998 and the variations thereof incorporated herein on the dates set out in the attached Schedule A.

(d) The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by
the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) are set out in the attached Schedule B and take effect on or after 22 December 1999.

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

NOTATION -

STOREMEN AND PACKERS, GENERAL (STATE) AWARD INDUSTRIAL COMMITTEE

The Commission orders that -

1. The Industrial Committee, known as the Storemen & Packers, General (State) Industrial
Committee published on 28 July 2000 (317. I.G. 492) be dissolved.

2. There be established a new Storemen & Packers, General (State) Industrial Committee for the
Industries and Callings of:-

Section 1 - Storemen and Packers, Produce, &c. Stores (State)

Storemen and packers, employed by wholesale and by retail produce, seed and grain merchants, and storemen and packers engaged in handling of produce, grain and seed in stores, in the vicinity of railway stations, sidings, or lines, including in each case storemen and packers who, for the purpose of and in the course of their work as storemen and packers, use mechanical or electrical appliances, and employees engaged in the preparation of butter for wrapping and packing, the electrical appliances, in connection therewith in wholesale or retail produce stores
in the State, excluding the County of Yancowinna, and excluding the area within the radius of
16.09 km 10 miles round the post and telegraph office, Newcastle, and excluding also as to all but retail establishments the towns of East and West Maitland:

excepting

storemen and packers employed in retail shops and stores which have no distinct and separate produce, seed, or grain departments, and of which the sale of produce, seed or grain forms only the smaller part of the business.

Section 2 - Storemen and Packers, Retail Stores (State)

Storemen and packers in retail shops and stores in the State excluding the County of Yancowinna; including storemen and packers, who, for the purpose of and in the course of their work as storemen and packers, use mechanical or electrical appliances in retail shops and stores.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

Section 3

.......

Section 4 - Storemen and Packers, Wholesale, Drug Stores (State)

Storemen and packers, including storemen and packers who, for the purpose of an in the course
of their work as storemen and packers, use mechanical or electrical appliances, employed in wholesale drug stores, drug factories and drug laboratories in the State, excluding the county of Yancowinna.

Section 5 - Storemen and Packers, Wholesale, Drug Stores (State)

Storemen and packers, and sorters and assemblers, including storemen and packers and, sorters and assemblers who, for the purpose of and in the course of their work as storemen and packers sorters and assemblers use mechanical or electrical appliances in wholesale grocers and tea warehouses (but not including tea packers) in the State, excluding the County of Yancowinna, and excluding the area within a radius of 16.09 km (10 miles) round the post and telegraph office, Newcastle, and excluding the towns of East and West Maitland;

Section 6 - Storemen and Packers, Wholesale Hardware Stores (State)

Storemen and packers, including storemen and packers, who, for the purpose of and in the course of their work as storemen and packers, use mechanical or electrical appliances in wholesale hardware, ironmonger, machinery, general merchants, ship chandlers and fancy goods houses, iron yards and rope stores in the State, excluding the County of Yancowinna, excluding the area within a radius of 16.09 km (10 miles) round the post and telegraph office, Newcastle, and excluding the towns of East and West Maitland;

and excepting

The employees of Australian Wire Industries Pty Ltd - Sydney Wiremill;

and excepting also

Employees of Australian Iron and Steel Proprietary Limited, within the jurisdiction of the Iron and Steel Works Employees (Australian Iron and Steel Proprietary Limited) Industrial Committee and the Quarries (Australian Iron and Steel Pty Limited) Industrial Committee;

Section 7 - Storemen and Packers, Wholesale Softgoods, &c. Stores (State)

Storemen and packers, including storemen and packers, who, for the purpose of and in the course of their work as storemen and packers, use mechanical or electrical appliances in wholesale softgoods, boot and shoe and stationery stores and museums in the State, excluding the County of Yancowinna, and excluding the area within the radius of 16.09 km (10 miles) round the post and telegraph office, Newcastle, and excluding the towns of East and West Maitland;

Section 8 - Storemen and Packers, Not Elsewhere Included (State)

Storemen and packers, including storemen and packers, who, for the purpose of and in the course of their work as storemen and packers, use mechanical or electrical appliances, other than those mentioned in Sections 1, 2, 3, 4, 5, 6, 7 and 9, and other than those mentioned in the Storemen and Packers, Wharf Stores (State) Industrial Committee, Storemen and Packers, Wholesale Paint, Varnish, Oil and Colour Stores (State) Industrial Committee and the Storemen
© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

and Packers, Wholesale Oil and Petroleum Products (State) Industrial Committee, in the State,
excluding the County of Yancowinna;

Excepting

Storemen and packers in the porcelain enamelling industry; and

Excepting also

Employees of the Council of the City of Sydney, and employees in bond and free stores, but including employees in engineering and shipbuilding establishments or any factory;

and excepting also

Employees of Australian Iron and Steel Proprietary Limited within the jurisdiction of the Iron and Steel Works Employees (Australian Iron and Steel Pty Limited) Industrial Committee and the Quarries (Australian Iron & Steel Pty Limited) Industrial Committee, the Wholesale Fruit and Vegetable Employees (State) Industrial Committee;

and excepting also persons employed in or by The United Dental Hospital of Sydney. Section 9 - Storemen and Packers (Newcastle)
All storemen and packers (other than those in retail shops and stores) employed within a radius
of 16.09 km (10 miles) round the post and telegraph office, Newcastle, and in the towns of East and West Maitland, and including in both areas sorters and assemblers in wholesale grocery warehouses, and including also storemen and packers and such sorters and assemblers who, for the purpose of and in the course of their work as storemen and packers and sorters and assemblers, use mechanical or electrical appliances;

Excepting

In both areas those in wholesale drug warehouses;

and excepting also

Storemen and packers in wholesale oil and colour stores, in wharf stores, and in bond and free stores;

and excepting also

Employees within the jurisdiction of the Shortland County council Industrial Committee; Section 10 - Storemen and Packers, Bond and Free Stores (State)
Storemen and packers, including storemen and packers, who, for the purpose of and in the course of their work as storemen and packers, use mechanical or electrical appliances, employed
in bond and free stores in the State, excluding the County of Yancowinna;

Excepting

All persons employed by The Sydney County Council; Excepting
In all sections:
© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

All persons employed in or in connection with hospitals, mental hospitals, public charitable
institutions or ambulance work;

and also excepting in all sections 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; Smelting &c. (Electrolytic R. & S. Company &C.);
John Lysaght (Australia) Limited Newcastle;
John Lysaght (Australia) Limited Port Kembla;
Australian Wire Industries Pty Limited - Newcastle Ropery; John Lysaght (Australia) 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;
and also excepting in all sections employees of: The Broken Hill Proprietary Company Limited
Australian Wire Industries Pty Ltd. At its Newcastle Wiremill; Blue Circle Southern Cement Limited;
The Council of the City of Newcastle; The Northern Rivers County Council;
The Electricity Commission of New South Wales;
State Rail Authority of New South Wales; State Transit Authority of New South Wales; The Commissioner for Motor Transport; Prospect Electricity;
The Australian Gas Light Company;

3. The said Industrial Committee shall consist of representatives of employers and representatives
of employees.

4. The representatives of employers shall be appointed, upon nomination as prescribed; EMPLOYERS’ MEMBERS:
Sections 1, 2 and 5 - 9

1. One nominee appointed by Employers First

2. One nominee appointed by the Australian Retailers’ Association.

3. One nominee appointed by Australian Business Industrial

Section 4:
1. One nominee appointed by Australian Business Industrial. Section 10:
© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

1. One nominee appointed by Employers’ First.

Alternate Nominating Rights: (Section 10):

One nominee appointed by the New South Wales Road Transport Association Inc.

5. The representatives of employees shall be appointed, upon nomination as prescribed: EMPLOYEE’S MEMBERS:
Section 1, 2 and 5 - 9:

1. Three nominees appointed by the National Union of Workers, New South Wales Branch. Section 4:
One nominee appointed by the National Union of Workers, New South Wales Branch.

Section 10:
1. One nominee appointed by the National Union of Workers, New South Wales Branch.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

PART B

MONETARY RATES

Table 1 - Minimum Award Wage Rates

Table 2 - Other Rates and Allowances

© Department of Commerce - Office of Industrial Relations
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(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
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SCHEDULE A

Award and Variations Incorporated

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SCHEDULE B

Changes Made on Review

Date of Effect: 22.12.99

(1) Provisions Modified:

Award Clause Previous Form of Clause Last
Published at:
IG Vol. Page

(2) Provisions Removed:

Award Clause
Previous Form of Clause Last
Published at:
IG Vol. Page

© Department of Commerce - Office of Industrial Relations
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The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.

Clause	Award/ Variation Serial No.	Date of Publication	Date of Taking Effect	Industrial Gazette
				Vol	Page
Award	B9150	18.8.00	First pay period on or after 27.4.98	317	1097
10A & Part B - Monetary Rates	B9907	9.3.01	First pay period on or after 6.10.00	322	1173
39 (1)	C1016	8.3.02	On and from 31.5.01	331	1077
10A(b) & Part B - Monetary Rates	C1471	27.9.02	First pay period on or after 6.10.01	336	547
Arrangement	C1902	20.6.03	First full pay period on or after 25.3.03	340	96
12A	C1902	20.6.03	* See Clause 12A (viii) for effective dates	340	96
1, 2A, 3, 4, 8, 9, 10, 24, 32, 33, 34, 37.	C2683	17.09.2004	On 05.03.2004	346	492
10A, Part B	C3025	3.12.2004	First pay period on or after 6.10.2002	347	612
10A, Part B	C2354	10.12.2004	First pay period on or after 6.10.2003	347	713
10A, Part B	C3645	15.7.2005	First pay period on or after 6.10.2004	352	590
10A, Part B	C4127	18.11.2005	First pay period on or after 6.10.2005	354	900
24	C4437	6.10.2006	From 13.3.2006	361	327
1, 2B	C5116	6.10.2006	From 1.3.2006	361	328

Percentage of Appropriate Rate (Clause 2A) Per Week as per Employee's Classification	Per Week
At 17 years of age and under	55
At 18 years of age	67.5
At 19 years of age	80
At 20 years of age	92.5

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

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

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

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Storemen and Packers, General (State) Award

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	1.	Arrangement
	2.	Definitions
	2A.	Classifications
	2B.	Secure Employment
	3.	Enterprise Arrangements
	4.	Consultative Mechanisms
	5.	Dispute Procedure
	6.	Labour Flexibility
	7.	Terms of Engagement
	7A.	Part-Time Work
	8.	Proportion of Juniors
	9.	Junior Employees - Wages
	10.	Wages
	10A.	Arbitrated Safety Net Adjustments
	11.	Shift Workers
	12.	Payment of Wages
	13.	Hours
	14.	Meal Hours
	15.	Morning Rest Period
	16.	Overtime
	17.	Crib Time
	18.	Meal Allowance
	19.	Special Rates
	20.	Obnoxious Materials
	21.	Fares and Travelling Time
	22.	First-aid
	23.	Mixed Functions
	24.	Holidays
	25.	Holiday and Sunday Rates of Pay
	26.	Sick Leave
	26A.	Personal/Carer's Leave
	27.	Annual Leave
	28.	Annual Leave Loading
	29.	Long Service Leave
	30.	Bereavement Leave
	31.	Jury Service
	32.	Repatriation Leave
	33.	General Conditions
	34.	Redundancy
	35.	Shop Steward
	36.	Exemptions
	37.	Superannuation
	38.	Anti-Discrimination
	39.	Area, Incidence and Duration
© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 10/10/2006

Classification	Former Award Rates (Per Week) 6 October 2004 $	Minimum Award Wage Rates (Per Week) 6 October 2005 $
Storeman & Packer Level 1	506.70	523.70
Storeman & Packer Level 2	521.70	538.70
Storeman & Packer Level 3	527.50	544.50
Storeman & Packer Level 4	546.30	563.30
Storeman & Packer Level 5	561.20	578.20

Item No.	Clause No.	Description	Amount $
1 2 3 4	10(iii)	In charge - 1-5 6-10 11-15 over 15	16.55 per week 24.90 per week 34.05 per week 42.75 per week
5	10(v)	Single employee	13.19 per week
6	10(vi)(a)	Operates fork lift	0.65 per hour
7 8	10(vi)(b)	Operates mobile crane Not to exceed	0.80 per hour 0.80 per hour
9	10(vii)	In iron yards, etc. handling various materials	5.56 per week
10	10(viii)	Packing crockery etc.	12.60 additional
11	10(ix)	Blending of honey	13.69 additional
12	10(x)	Reclaiming waste butter	13.69 additional
13 14	10(xi)	Carrying bagged stuff etc Exceeding 68.04 kg Exceeding 81.65 kg	0.41 per hour 0.47 per hour
15 16	18	Overtime - more than 1 hour Notified and not called upon	9.95 per meal 9.95 per meal
17	19(i)	Dirty work	0.42 per hour extra
18 19	19(ii)	Hot places - Between 46 and 54.4o Celsius Exceeds 54.4o Celsius	0.42 per hour extra 0.57 per hour extra
20	19(iii)	Wet places	0.42 per hour extra
21	20(i)(a) (b)	Obnoxious materials Other obnoxious materials	0.78 per hour extra 0.66 per hour extra
22	21(iii)	Use of own vehicle	0.63 per km
23	22	First-aid	2.00 per day

Award	B6534	21.5.99	First pay period from 27.4.98	309	369
7A, Part-time Work, 34, Redundancy	B6923	2.7.99	22.12.98	309	027
Table 1 - Minimum Award Wage Rates, Table 2 - Other Rates and Allowances	B8537	17.3.00	6.10.99	314	189
39, Anti-Discrimination	B8332	12.5.00	3.6.99	315	830