AP765560 - Australian Paint Industry Award 2000

This Fair Work Australia consolidated award incorporates all amendments up to and including 1 October 2008 (variation PR983312).

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

21. Allowances

About this Award:
Printed by authority of the Commonwealth Government Printer.


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

Copies of official decisions, awards and orders of Fair Work Australia and the Australian Industrial Relations Commission (prior to 1 July 2009) can be accessed at no cost through Fair Work Australia’s website (www.fwa.gov.au) or purchased from any office of Fair Work Australia.

AP765560 [Pre-reform FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
s.33 action on the Commission’s own motion
(C No. 23707 of 1997)

Workplace Relations Act 1996
s.113 application to vary an award

Australian Liquor, Hospitality and Miscellaneous Workers Union
(C No. 24040 of 1998)

Workplace Relations and Other Legislation Amendment Act 1996
Item 51 transition provisions – review of an award
(C No. 00744 of 1998)

AUSTRALIAN PAINT INDUSTRY AWARD 1992
(ODN C No. 04841 of 1986)
[Print K3532 [A0123]]

Award simplification.

ORDER

A. Further to the decision issued by the Commission on 10 January 2000, [Print S2319] the above award is varied as follows:

By deleting all clauses, schedules and appendices and inserting the following:

PART 1 - APPLICATION AND OPERATION OF AWARD
1. AWARD TITLE

This Award shall be known as the Australian Paint Industry Award 2000.

2. ARRANGEMENT

[2 amended PR950180 PR967840]

The award shall be arranged as follows:

Part 1 - Application and operation of award

1. Award title
2. Arrangement [PR967840]
3. Anti-discrimination
4. Definitions [PR959644]
5. Commencement date of award and period of operation
6. Parties bound
7. Coverage of award
8. Relationship with other awards

Part 2 -Award flexibility

9. Index of facilitative provisions
10. Enterprise flexibility provisions

Part 3 - Consultation and dispute resolution

11. Dispute handling procedure [PR950180]

Part 4 - Employment relationship and related matters

12. Incidental duties
13. Employment categories [PR967840]
14. Supported wage system [PR959644]
15. Redundancy [PR950180]
16. Notice of termination and stand down [PR950180]

Part 5 - Wages and related matters

17. Classifications and wage rates
18. Wage rates [PR959644]
19. Mixed functions
20. Payment of wages
21. Allowances [PR983312]

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

22. Hours of work
23. Breaks
24. Overtime (day workers) [PR923132]
25. Shift work [PR923132]
26. Sunday work

Part 7 - Types of leave and public holidays

27. Annual leave [PR967840]
28. Personal leave [PR967840]

28A. Bereavement leave [PR967840]

29. Parental leave [PR967840]
30. Jury service [PR953948]
31. Public holidays
32. Training leave
33. Attendance at repatriation centres
34. Attendance at industry meetings

Part 8 - Occupational health and safety matters

35. Accident pay
36. Clothing and equipment

Schedule A - Employer respondents to the award [PR924480]

3. ANTI-DISCRIMINATION

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

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

3.3 Nothing in this clause is taken to affect:

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

3.3.2 junior rates of pay, until 22 June 2100 or later date determined by the Commission in accordance with s.143(1E) of the Act;

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

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

4. DEFINITIONS

4.1 Commission means the Australian Industrial Relations Commission.

4.2 Employer shall mean a person, firm or company which is named in Schedule A – Employer respondents to the award.

4.3 Employee means a person whether a member of the LHMU or not employed by an employer in work covered by this Award.

4.4 Ordinary rate means the appropriate rate prescribed in this Award for 40 hours of ordinary time.

4.5 Site means any premises of an employer used for or in connection with the manufacture, treatment, processing, handling, storage or distribution of materials or products used in or in connection with decorative or protective surface coatings or coverings and associated products.

4.6 The Act means the Workplace Relations Act 1996 and any subsequent amendment.

[4.7 substituted by PR959644 ppc 01Jul05]

4.7 LHMU means Liquor, Hospitality and Miscellaneous Union (LHMU).

4.8 Year means Calendar year unless the context provides otherwise.

5. COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION

This Award shall come into force from the first pay period which commences on or after 6 December 1999 and shall continue in force for a period of 12 months.

6. PARTIES BOUND

This Award is binding upon:

6.1 The LHMU; and

6.2 The employers listed in Schedule A.

7. COVERAGE OF AWARD

7.1 This award shall apply in all states and territories of Australia.

7.2 This award shall apply to and be binding on each of the employers named as respondents in Schedule A and upon the LHMU and the members of the LHMU in respect to the employment by an employer of persons whether such persons are members of the LHMU or not in or in connection with the manufacture (including associated laboratory activities), processing, treatment, handling, distributing (but not retailing) or storage of materials or products used in or in connection with decorative or protective surface coatings or coverings and associated products.

8. RELATIONSHIP WITH OTHER AWARDS

This Award supersedes the Australian Paint Industry Award 1992 but no right, obligation or liability accrued or incurred under that Award or any variations thereto shall be affected by such supersession.

PART 2 -AWARD FLEXIBILITY
9. INDEX OF FACILITATIVE PROVISIONS

9.1 A facilitative provision provides that the standard approach in an Award provision may be departed from by agreement between an individual employer and the LHMU and/or an employee, or the majority of employees, in the enterprise concerned.

9.2 Facilitative provisions in this Award are contained in the following clauses:

10. ENTERPRISE FLEXIBILITY PROVISIONS

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

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

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

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

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

PART 3 - CONSULTATION AND DISPUTE RESOLUTION
11. DISPUTE HANDLING PROCEDURE

11.1 In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:

11.1.1 The employee and their supervisor meeting and conferring on the matter; and

11.1.2 If the matter is not resolved at such a meeting, the parties shall arrange for further discussions between the employee and his or her nominated representative, if any, and more senior levels of management.

11.1.3 Where the shop steward or delegate is involved he/she shall be allowed the necessary time during working hours to interview the employee(s) and the supervisor.

11.1.4 If the matter is still not resolved, a discussion shall be held between representatives of the employer and the employee, and where the employee is a member of the LHMU, the LHMU.

11.1.5 The shop steward or delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited LHMU officials.

11.1.6 If the matter cannot be resolved it may be referred to the Commission.

11.2 In order to facilitate the procedure in 11.1:

11.2.1 The party with the grievance must notify the other party at the earliest opportunity of the problem;

11.2.2 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and

11.2.3 Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the disputes handling procedures are carried out as quickly as possible.

11.3 While the parties attempt to resolve the matter work will continue as normal unless an employee has a reasonable concern about an imminent risk to his or her health and safety.

11.4 Where a dispute arises due to a summary termination, then provided there is no ban or work stoppage at the site, the employer concerned may arrest the summary termination and place the employee involved under suspension while the circumstances are discussed between the employer and the LHMU. An employee so suspended shall not attend the work site but shall be entitled to his or her ordinary rate of pay for up to ten working days or such earlier date as the employer and the LHMU reach agreement on the matter.

11.5 Attendance at Commission

Where a dispute under this Award has been referred to the Commission and the employer concerned agrees it will assist in obtaining a resolution that the site delegate attend proceedings at the Commission, then such delegate will not incur loss in ordinary time pay in respect of such attendance.

11.6 Redundancy disputes procedure

[11.6 inserted by by PR950180 ppc 26Jul04]

11.6.1 Paragraphs 2 and 3 of this sub-clause impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (‘a redundancy dispute’). These additional obligations do not apply to employers who employ fewer than 15 employees.

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

11.6.2(a) the reasons for any proposed redundancy;

11.6.2(b) the number and categories of workers likely to be affected; and

11.6.2(c) the period over which any proposed redundancies are intended to be carried out.

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

PART 4 - EMPLOYMENT RELATIONSHIP AND RELATED MATTERS
12. INCIDENTAL DUTIES

Employees are to perform work which is incidental or peripheral to their main tasks or functions, being the work the duties of which are within the limits of the employee's skill, competence and training.

13. EMPLOYMENT CATEGORIES

13.1 General

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

13.1.1(a) full-time employees; or

13.1.1(b) casual employees.

13.1.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time or casual.

13.2 Casual employment

13.2.1 A casual employee is an employee engaged as such.

13.2.2 A casual employee shall be paid per hour at the rate of 1/40 of the weekly rate prescribed for the class of work performed, plus 25 per cent.

13.2.3 Caring responsibilities

[13.2.3 inserted by PR967840 ppc 23Jan06]

13.2.3(a) Subject to the evidentiary and notice requirements in 28.8 and 28.9 casual employees are entitled to not be available to attend work, or to leave work:

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

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

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

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

13.3 Juniors

A junior employee under the age of eighteen years of age shall be properly supervised at all times.

14. SUPPORTED WAGE SYSTEM

14.1 This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply:

14.1.1 Supported wage system means the Commonwealth Government System to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.

14.1.2 Accredited assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.

14.1.3 Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

14.1.4 Assessment instrument means the form provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.

14.2 Eligibility criteria

14.2.1 Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

14.2.2 The clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

14.2.3 The clause does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Service Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or s.12A of the Disability Services Act 1986, or if a part only has received recognition, that part.

14.3 Supported wage rates

14.3.1 Employees to whom this clause applies will be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:

[14.3.2 varied by PR909859 PR921545 PR947332; PR959644 ppc 01Jul05]

14.3.2 However the minimum amount payable will be not less than $61.00 per week.

14.3.3 Where a person’s assessed capacity is 10%, they will receive a high degree of assistance and support.

14.4 Assessment of capacity

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either:

14.4.1 the employer and a LHMU party to the award, in consultation with the employee or, if desired by any of these; or

14.4.2 the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.

14.5 Lodgment of assessment document

14.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission.

14.5.2 All assessment documents shall be agreed and signed by the parties to the assessment, provided that where a LHMU which is party to the award, is not a party to the assessment, it shall be referred by the Registrar to the LHMU by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

14.6 Review of assessment

The assessment of the appropriate percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under with the supported wage system.

14.7 Other terms and conditions of employment

Where an assessment has been made, the appropriate percentage will apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.

14.8 Workplace adjustment

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

14.9 Trial period

14.9.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

14.9.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

[14.9.3 varied by PR909859 PR921545 PR947332; PR959644 ppc 01Jul05]

14.9.3 The minimum amount payable to the employee during the trial periods must be no less than $61.00 each week.

14.9.4 Work trials should include induction or training as appropriate to the job being trialled.

14.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment must be entered into based on the outcome of assessment under 14.4.4.

15. REDUNDANCY

[15 substituted by PR950180 ppc 26Jul04]

15.1 Definitions

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

15.1.2 Redundancy occurs when an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour.

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

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

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

• overtime;
• penalty rates;
• disability allowances;
• shift allowances;
• special rates;
• fares and travelling time allowances;
• bonuses; and
• any other ancillary payments of a like nature.

15.2 Transfer to lower paid duties

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

15.3 Severance pay

15.3.1 Severance pay – other than employees of a small employer

An employee, other than an employee of a small employer as defined in 15.1, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

* Week’s pay is defined in 15.1.

15.3.2 Severance pay – employees of a small employer

An employee of a small employer as defined in 15.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

* Week’s pay is defined in 15.1.

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

15.3.4 Service prior to 26 July 2004 shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to 15.3.2.

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

15.4 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 14 - Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

15.5 Alternative employment

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

15.5.2 This provision does not apply in circumstances involving transmission of business as set in 15.7.

15.6 Job search entitlement

15.6.1 During the period of notice of termination given by the employer in accordance with clause 16.1, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

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

15.6.3 The job search entitlements under this subclause apply in lieu of the provisions of 16.3.

15.7 Transmission of business

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

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

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

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

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

15.7.2 The Commission may vary 15.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

15.8 Employees exempted

This clause does not apply to:

• employees terminated as a consequence of serious misconduct that justifies dismissal without notice;
• probationary employees;
• apprentices;
• trainees;
• employees engaged for a specific period of time or for a specified task or tasks; or
• casual employees.

15.9 Incapacity to pay

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

16. NOTICE OF TERMINATION AND STAND DOWN

[16 Stand down title changed and substituted by PR950180 ppc 26Jul04]

16.1 Notice of termination by employer

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

16.1.2 In addition to the notice in 16.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.

16.1.3 Payment in lieu of the prescribed notice in 16.1.1 and 16.1.2 must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

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

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

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

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

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

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

16.1.5(b) to apprentices;

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

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

16.1.5(e) to casual employees.

16.2 Notice of termination by an employee

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

16.2.2 If an employee fails to give the notice specified in 16.1.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 16.1.4.

16.3 Job search entitlement

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

16.4 Transmission of business

Where a business is transmitted from one employer to another, as set out in clause 15 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.

16.5 Stand down

Other than in the State of New South Wales, an employer shall have the right to deduct payment for any day or shift or part thereof an employee cannot be usefully employed because of any strike, ban or limitation or through any breakdown of machinery or any stoppage of work for any cause for which the employer cannot be reasonable held responsible. Prior to acting under this clause, an employer shall advise the employee(s) and where the employee(s) is/are member(s) of the LHMU, the LHMU of the reasons for and of the intention to stand down.

PART 5 - WAGES AND RELATED MATTERS
17. CLASSIFICATIONS AND WAGE RATES

The following shall be the classification grades of employees subject to this Award:

17.1 Paint Worker Grade 1 - (Trainee)

17.1.1 This classification shall be the entry point into the paint manufacturing industry, where an employee has no comparable experience in manufacturing industry.

17.1.2 An employee in this classification shall perform various routine duties including the provision of assistance to other employees whilst working under direct supervision.

17.1.3 A grade 1 paint worker shall undertake basic training in the industry including induction training.

17.1.3(a) Illustrative tasks which fall within this grade include:

• hand filling;

• hand labelling;

• cleaning; and

• general hands work.

17.1.4 It is anticipated that progression from this grade to a higher grade shall be achievable by all weekly employees.

17.2 Paint Worker Grade 2

17.2.1 This classification encompasses the various semi-skilled jobs in the industry. An employee in this classification shall have undertaken basic training in the paint industry or a comparable industry, work under general supervision and have completed or be involved in training so as to enable the employee to perform work within the scope of this grade.

17.2.2 A grade 2 paint worker shall perform work falling within the lower grade and be proficient in duties for which they have been trained within a site's functional stream(s). The nature of the duties includes work of the following nature:

17.2.2(a) basic repetitive work on automated or single purpose machines or equipment, eg. automatic filling

17.2.2(b) simple machine tinting

17.2.2(c) basic receipt, despatch and inventory work

17.2.2(d) security work

17.2.2(e) routine maintenance work

17.2.2(f) laboratory aide

17.2.2(g) order picking

17.2.2(h) filter press operation

17.2.2(i) non licensed electric fork operation

17.3 Paint Worker Grade 3

17.3.1 This classification encompasses the more skilled specialised jobs in the industry.

17.3.2 An employee in this classification shall work under general routine supervision, be responsible for their own work and have completed or be involved in training so as to enable the employee to perform work within the scope of this grade.

17.3.3 A grade 3 paint worker shall perform work falling within the lower grades and be proficient in duties for which they have been trained within a site's functional stream(s). The nature of the duties includes work of the following nature:

17.3.3(a) mill operation

17.3.3(b) dispersion operation

17.3.3(c) raw materials preparation

17.3.3(d) powder coating operations

17.3.3(e) resin manufacturing under supervision

17.3.3(f) operation of all materials handling equipment

17.3.3(g) tinting under supervision

17.3.3(h) routine production testing

17.3.3(i) elementary research and development work involving no formal training

17.3.3(j) make up operation

17.3.3(k) fully integrated automated filling systems (ie. Taubmans Pty. Ltd, Villawood)

17.4 Paint Worker Grade 4

17.4.1 This classification encompasses the various skilled jobs in the industry.

17.4.2 An employee in this classification shall be generally responsible for their own work, have completed training so as to enable the employee to perform work within the scope of this grade and be able to perform work from complex instructions and procedures.

17.4.3 A grade 4 paint worker shall perform work falling within the lower grades for which they have been trained within a site's functional stream(s) and be proficient in duties of the following nature:

17.4.3(a) bulk paint tinting

17.4.3(b) resin manufacturing

17.5 Team Leader

17.5.1 An employee appointed by the employer to this position shall be responsible as follows:

17.5.1(a) performance appraisal

17.5.1(b) quality control

17.5.1(c) production control

17.5.1(d) training of other employees

17.5.1(e) safety management

17.5.1(f) acceptability for manufacturing process

17.6 Paint Laboratory Worker Grade 1

(Equivalent to Paint Worker Grade 1)

Trainee with no laboratory or manufacturing experience, undergoing industry induction training.

17.7 Paint Laboratory Worker Grade 1A

(Equivalent to Paint Worker Grade 2)

17.7.1 Employee with industry experience, working as Laboratory Aide, undertaking basic in-house training. Works under general supervision. Meets the required standards of reading and writing and shall be trained to be proficient in the following areas:

17.7.1(a) Storage and retrieval of batch samples.

17.7.1(b) Basic routine testing under supervision.

17.7.1(c) Elementary communication with laboratory and factory personnel.

17.7.1(d) Maintenance and cleaning of laboratory equipment.

17.7.1(e) Keeping accurate records.

17.8 Paint Laboratory Worker Grade 2A

(Equivalent to Paint Worker Grade 3)

17.8.1 Employee with industry experience, working as routine production tester or at elementary research and development work requiring no formal training. A employee in this classification shall work under general supervision, be responsible for their own work and have completed or be involved in training so as to enable them to perform work within the scope of this grade.

17.8.2 A Paint Laboratory Worker Grade 2A shall perform work falling within lower laboratory grades and be proficient in duties for which they have been trained. The nature of duties includes work of the following nature:

17.8.2(a) Training new Paint Laboratory Workers Grade 1A if required.

17.8.2(b) Carrying out, first with supervision and then without, routine production testing.

17.8.2(c) Performing simple batch adjustments without supervision.

17.8.2(d) Testing of laboratory samples.

17.9 Paint Laboratory Worker Grade 2B

17.9.1 On commencement and continuation of study of Year 1 of the Diploma in Applied Science (Chemical Technology); OR

17.9.2 On commencement of study for Certificate IV in Chemical Technology.

17.9.3 A Paint Laboratory Worker Grade 2B shall perform duties equivalent to those of a Paint Laboratory Worker Grade 2A and in addition shall make laboratory samples.

17.9.4 Provided that progression from Paint Laboratory Worker Grade 2A to Paint Laboratory Worker Grade 2B shall be at the invitation of the employer.

17.10 Paint Laboratory Worker Grade 2C

17.10.1(a) Having completed and passed Stage 1 of the Chemistry Certificate Course; OR

17.10.1(b) On successful completion and passing of Year 1 of the Advanced Certificate in Chemical Technology (or the equivalent of Year 1 studies) and be studying for Year 2; OR

17.10.1(c) On successful completion and passing of Year 1 of Certificate IV in Chemical Technology.

17.10.2 A Paint Laboratory Worker Grade 2C shall work under minimum supervision, be responsible for their own work and be involved in training so as to enable them to perform work within the scope of this grade.

17.10.3 An employee in this classification shall perform work falling within lower laboratory grades for which they have been trained and use judgement and problem solving skills to perform a range of routine and non-routine tests. The nature of the duties includes work of the following nature:

17.10.3(a) Performance of advanced batch adjustments/corrections.

17.10.3(b) Ability to make up and test all types of paints to provided formulae.

17.10.3(c) Training of lower grade laboratory workers.

17.11 Paint Laboratory Worker Grade 3

17.11.1(a) On successful completion and passing of Year 1 of the Associate Diploma in Chemistry/Chemical Technology (or the equivalent of year 1 studies) and be studying for Year 2; OR

17.11.1(b) Having completed and passed Stage 2 of the Chemistry Certificate Course; OR

17.11.1(c) On successful completion and passing of Year 2 of the Advanced Certificate in Chemical Technology (or the equivalent of year 2 studies) and be studying for Year 3; OR

17.11.1(d) On successful completion and passing of Year 1 of the Diploma in Applied Science (Chemical Technology) and be studying for Year 2; OR

17.11.1(e) On successful completion and passing of Year 2 of the Certificate IV in Chemical Technology) and be studying for Year 3; OR

17.11.1(f) Not less than 5 years experience, and having duties and responsibilities of an employee who has completed and passed Year 1 of the Associate Diploma, Stage 2 of the Chemistry Certificate, Year 1 of the Diploma in Applied Science (Chemical Technology) or Year 2 of Certificate IV in Chemical Technology.

17.11.2 A Paint Laboratory Worker Grade 3 shall work under minimum supervision, be responsible for their own work and have completed or be involved in training so as to enable the employee to perform work within the scope of this grade.

17.11.3 An employee in this classification shall perform work falling within lower laboratory grades for which they have been trained and use judgement and problem solving skills to perform the full range of routine and non-routine tests. Duties includes the following work:

• Modifications to existing formulae when deficiencies within the product are found.

• Solving of quality control problems that may arise.

• Training of lower grade laboratory workers.

17.12 Paint Laboratory Worker Grade 4

17.12.1(a) On successful completion and passing of Year 2 of the Associate Diploma in Chemistry/Chemical Technology (or the equivalent of year 2 studies) and be studying for Year 3 or on successful completion and passing of Year 2 of the Diploma in Applied Science (Chemical Technology); OR

17.12.1(b) Hold the Associate Diploma in Chemistry/Chemical Technology and have no relevant industry experience; OR

17.12.1(c) Having completed and passed Stage 3 of the Chemistry Certificate Course; OR

17.12.1(d) Having completed and passed the Advanced Certificate in Chemical Technology and having been employed as a Paint Laboratory Worker Grade 3; OR

17.12.1(e) Hold the Diploma in Applied Science (Chemical Technology) and have no relevant industry experience; OR

17.12.1(f) Have completed and passed Certificate IV in Chemical Technology and having been employed as a Paint Laboratory Worker Grade 3; OR

17.12.1(g) Not less than 10 years' experience, and having duties and responsibilities of an employee who has completed and passed Year 2 of the Associate Diploma, Stage 3 of the Chemistry Certificate, or Year 2 of the Diploma in Applied Science (Chemistry Technology).

17.12.2 A Paint Laboratory Worker Grade 4 shall work under limited supervision, be responsible for their own work and have completed or be involved in training so as to enable the employee to perform work within the scope of this grade.

17.12.3 An employee in this classification shall perform work falling within lower laboratory grades for which they have been trained and apply specialised technical skills, in addition to the full range of laboratory skills, to specific projects. A Paint Laboratory Worker Grade 4 shall also be involved in training of other laboratory workers and be able to provide guidance and assistance as part of a work team.

17.12.4 A Paint Laboratory Worker Grade 4 understands the equipment and principles being used. The nature of the duties includes work of the following nature:

17.12.4(a) Preparing reports as directed.

17.12.4(b) Being involved as part of a team in high level trouble-shooting.

17.12.4(c) Providing on-the-job training.

17.12.4(d) Assisting in the analysis of production problems.

17.12.4(e) Application of skills to non-routine testing.

17.13 Paint Laboratory Worker Grade 5

17.13.1(a) On successfully completion of Year 3 of the Associate Diploma in Chemistry/Chemical Technology (or the equivalent of year 3 studies) and be studying for Year 4 or on successful completion and passing of Year 3 of the Diploma in Applied Science (Chemical Technology); OR

17.13.1(b) Successfully, completed the Chemistry Certificate course; OR

17.13.1(c) Having successfully completed both the advanced Certificate in Chemical Technology and the Surface Coatings Technology Post-Technicians Certificate Course.

17.13.2 A Paint Laboratory Worker Grade 5 shall be responsible for their own work, perform work falling within the lower laboratory grades for which they have been trained and be able to work unsupervised. The nature of the duties includes work of the following nature:

17.13.2(a) The making of recommendations regarding improvements to testing and/or instruments.

17.13.2(b) Setting up and/or operation of test equipment involving computer operating and programming skills.

17.13.2(c) Provides technical guidance.

17.13.2(d) Applies industrial and academic experience in coatings and chemicals to solve problems or develop new products and processes.

17.13.2(e) Assist in the design and conduct of tests to NATA and other regulatory requirements and develop procedures and methods from standards.

17.14 Paint Laboratory Worker Grade 6

17.14.1(a) Successfully completed the Associate Diploma course in Chemistry/Chemical Technology; or

17.14.1(b) Successfully completed the Chemistry Certificate Course and the Surface Coatings Technology Post-Technician Certificate Course; or

17.14.1(c) Successfully completed the Diploma in Applied Science (Chemistry Technology).

17.14.2 A Paint Laboratory Worker Grade 6 is required to perform work requiring mature technical knowledge involving a higher degree of autonomy, originality and independent judgement. Duties include the following:

17.14.2(a) Responsibility for the co-ordination of employees' work.

17.14.2(b) Plan and implement those programmes necessary to achieve company objectives.

17.14.2(c) Apply knowledge and/or provide technical guidance.

17.14.3 An employee in this classification shall, in addition to the skills required by a Paint Laboratory Worker Grade 5, have the ability to operate within broad statements of objectives, without requiring detailed instructions, provide specialised technical guidance to other employees performing work within the same technical field and perform work falling within the lower laboratory grades for which they have been trained.

17.14.4 A Paint Laboratory Worker Grade 6 may be responsible for supervising a group of employees.

17.15 Paint Laboratory Worker Grade 7

17.15.1 Successfully completed the Associate Diploma course in Chemistry/Chemical Technology; AND successfully completed and passed the Surface Coatings Technology Post-Technician Certificate Course; or

17.15.1(a) Successfully completed the Diploma in Applied Science (Chemical Technology) AND Graduate Certificate in Surface Coatings Technology.

17.15.2 A Paint Laboratory Worker Grade 7 shall have no less a responsibility than that of a Paint Laboratory Worker Grade 6.

17.16 Implementation of New Structure

17.16.1 An employer shall notify each laboratory employee of the appropriate classification of that employee.

17.16.2 There shall be an Industry Consultative and Accreditation Committee made up of representatives of the employers and the LHMU. The Committee shall assist in the resolution of disputes arising from the application and operation of the classification structure, co-ordinate the accreditation of training courses and will act as a mechanism of appeal for employees dissatisfied with their grading.

17.16.3 Should the Committee be unable to resolve any disputes arising from the application and operation of the new classification structure, any party may refer the matter to the Australian Industrial Relations Commission.

17.16.4 This clause shall not apply at the Dulux Rocklea site.

18. WAGE RATES

18.1 Wage Rates - Paint Worker

[18.1 varied by S6779 PR905187 PR919033 PR933554 PR947332; PR959644 ppc 01Jul05]

An adult employee shall be entitled to receive the total minimum rate of pay for the relevant classification/grade as set out in the table in this subclause.

[18.1.1 inserted by S6779; substituted by PR905187; deleted by PR919033 ppc 11Jun02]

[18.1.2 inserted by S6779; substituted by PR905187; deleted by PR919033 ppc 11Jun02]

18.2 Wage Rates - Paint Laboratory Worker

[18.2 substituted by S6779 PR905187 PR919033 PR933554; corrected by PR935670; PR933554 PR947332; PR959644 ppc 01Jul05]

18.3 A junior employee shall be paid the following percentage of the ordinary rate prescribed by this Award for the appropriate adult classification:

18.4 Arbitrated safety net adjustment

[18.4 substituted by PR919033 PR933554 PR947332; PR959644 ppc 01Jul05]

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

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

19. MIXED FUNCTIONS

19.1 If by direction of the employer an employee is engaged for more than one hour in any day or shift on duty carrying a higher rate than his or her classification such employee shall be paid the higher rate for such day or shift.

19.2 Where an employee is called upon to perform duties for which a lower rate is fixed the employee shall suffer no deduction in pay for the balance of the current pay week.

20. PAYMENT OF WAGES

20.1 Unless otherwise agreed between an employer and his or her employees wages shall be paid to each employee weekly no later than Thursday and prior to work ceasing.

20.2 An employee who is kept waiting for payment of wages after work has ceased shall be paid at overtime rates unless the employer can establish legitimate cause outside of his control for late payment.

20.3 Wages and other entitlements may be paid by cheque or in cash by agreement between the employer and employee concerned.

20.4 By agreement between the employer, the employees, and where the employees are members of the LHMU, the LHMU, wages and other entitlements may be paid by electronic bank transfer in accordance with agreed practice at individual establishments.

20.5 Unless otherwise agreed between an employer and his or her employees where a payday falls on a public holiday or a public holiday follows immediately after the usual payday for that week, wages shall be paid on the ordinary working day preceding the usual payday.

20.6 Each employee shall at request be given details of his or her total weekly pay.

21. ALLOWANCES

21.1 Leading hand

An employee appointed leading hand by the employer shall for each week worked receive the following allowances:

[21.1.1 varied by S6779 PR905187 PR919033 PR933554 PR947332 PR959644 PR974897 PR978357; PR983312 ppc 01Oct08]

21.1.1 In charge of not less than one and not more than ten employees or a laboratory person in charge of one or more laboratory assistants - $31.20.

[21.1.2 varied by S6779 PR905187 PR919033 PR933554 PR947332 PR959644 PR974897 PR978357; PR983312 ppc 01Oct08]

21.1.2 In charge of eleven or more employees or a laboratory person in charge of one or more paint technicians or, in charge of any person with equivalent or higher lassification - $44.27.

21.2 Storeworker working singly

[21.2 varied by S6779 PR905187 PR919033 PR933554 PR947332 PR959644 PR974897 PR978357; PR983312 ppc 01Oct08]

A storeworker who has control of a store when no direct supervision is exercised and is responsible for the receipt, issuing and stock checking of goods and/or materials and the notation of necessary documents shall receive the sum of $16.71 per week for all purposes of the Award in addition to his or her classification rate, with the provision that any employee whose work is as defined elsewhere in this clause shall suffer no reduction in wages.

21.3 District allowance - (Northern Territory only)

21.3.1 In addition to the wages or salary rates prescribed in clauses 18.1 or 18.2, the following district allowance shall be paid to all adult employees in the Northern Territory working in the following areas:

21.3.1(a) north of the 21th parallel of south latitude - $16.60 per week; or

21.3.1(b) south of the 21th parallel of south latitude - $6.70 per week.

21.3.2 Casual employees

Casual employees shall receive per hour 1/40th of the appropriate district allowance with a maximum payment of 40 hours.

21.3.3 Trainees and junior employees

In addition to their prescribed rate of pay, trainees and junior employees shall be paid the same percentage of district allowance as is fixed for their normal wage rate in accordance with clause 17.7 of this Award.

21.3.4 Payment during periods of leave

District allowance shall be payable during the periods of paid leave.

21.3.5 Additional penalties or premiums

The district allowance shall not be the subject of any penalty or premium addition.

21.4 First aid allowance

[21.4.1 varied by S6779 PR905187 PR919033 PR933554 PR947332 PR959644 PR974897 PR978357; PR983312 ppc 01Oct08]

21.4.1 An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St. John's Ambulance or similar body shall be paid a weekly allowance of $15.99 if appointed by the employer to perform first aid duty.

21.4.2 The employer will reimburse travelling and text book expenses actually incurred when an employee carries out first aid training at the request of the employer.

21.5 Meal Allowance

[21.5.1 varied by S6779 PR905187 PR933554 PR959644 PR974897 PR978357; PR983312 ppc 01Oct08]

21.5.1 An employee required to work and who so works overtime for more than one hour after working ordinary hours shall either be supplied with an adequate meal or paid $14.00 for each meal. The meal allowance shall be paid to the employee weekly, at the time when the normal pay is made, or on such other arrangement as may be mutually acceptable.

21.5.2 For the purpose of this clause, crib break, if applicable, shall not be regarded as overtime worked.

21.6 Travelling And Fares Allowance

[21.6.1 varied by PR933554 PR959644; PR974897 ppc 01Dec06]

21.6.1 An employee temporarily transferred to a work site located away from the normal work site, which involves the employee having to pay a higher fare in proceeding to and from his or her home shall be reimbursed such excess fare. Provided that where by agreement between an employer and an employee so transferred the employee uses his or her own vehicle, such employee shall in lieu of excess fares be entitled to 71 cents per kilometre necessarily travelled in excess of the distance to and from his or her home and the normal work site.

[21.6.2 varied by PR933554 PR959644; PR974897 ppc 01Dec06]

21.6.2 An employee required to travel from the normal work site to another work site shall be reimbursed fares or, where by agreement the employee uses his or her own vehicle, such employee shall be entitled to 71 cents per kilometre necessarily travelled to and from that other site.

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK
22. HOURS OF WORK

22.1 Day Workers

22.1.1 The ordinary hours of work for day workers shall be forty per week.

22.1.2 The ordinary hours of work shall be worked Monday to Friday inclusive.

22.1.3 The ordinary hours of work shall be worked continuously except for meal breaks at the discretion of the employer, between 7.00am and 5.30pm. The spread of hours or daily hours prescribed may be altered as to all or a section of the employees by mutual agreement between the employer and the employee, and where the employee is a member of the LHMU, the LHMU, provided that day work shall not in any event commence before 6.00am or finish after 6.00pm.

22.1.4 Work done outside the spread of hours fixed in accordance with this clause for which overtime rates are otherwise payable shall be deemed to be part of the ordinary hours of work where for reasons other than for proven illness or by leave of the employer the ordinary hours worked within the prescribed spread of hours in any week are less than 40.

22.2 Call Back

An employee recalled on any day to work overtime after leaving the employer's establishment shall be paid for a minimum of four hours work at the appropriate hourly rate for each time such employee is so recalled. Except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours as the case may be if the job he/she or she was recalled to perform is completed within a shorter period. This clause shall not apply in cases where it is customary for an employee to return to an employer's site to perform a specific job outside his or her ordinary working hours or where the overtime is continuous with the completion or commencement of ordinary working time.

23. BREAKS

23.1 Rest Break

Each day shift employee shall be permitted a ten minute break in the first half of each day and a ten minute break in the second half of each day at times to be nominated by the employer for rest breaks. Such breaks shall be without deduction of pay if taken at the work place or other place nominated by the employer.

23.2 Meal Break

23.2.1 Meal periods shall be not less than 30 minutes and not more than 45 minutes and shall be taken at times nominated by the employer.

23.2.2 No employee shall be required to work for more than five hours without a meal period or crib break.

23.3 Crib Break

23.3.1 Where the period of overtime is to exceed 1-1/2 hours an employee prior to starting such overtime after working ordinary hours, shall be allowed a crib break of twenty minutes which shall be paid for at ordinary rates.

23.3.2 An employee working overtime after working ordinary hours shall be allowed a crib break of twenty minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib break.

23.3.3 An employer and employee may agree to any variation of this clause to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of twenty minutes.

23.4 Washing Time

23.4.1 Employees shall be allowed five minutes without deduction of pay for washing prior to the mid day or mid-shift meal break and prior to finishing time daily.

23.4.2 Employees whose work is of such a nature (as agreed upon by the employee and his or her immediate supervisor) as necessitates the employee having a shower prior to leaving the employer's site shall have up to fifteen minutes at the end of each day or shift without deduction of pay for showering.

23.4.3 Where prescriptions under previous State awards or determinations as at 1 December 1975 provide a longer period of washing time prior to finishing time daily such prescriptions shall continue to be observed notwithstanding this clause.

24. OVERTIME (DAY WORKERS)

24.1 All overtime worked on any day other than a Sunday or a Public holiday shall be paid for at the rate of time and a half for the first two hours and double time thereafter.

24.2 In calculating overtime each day shall stand alone.

24.3 Reasonable overtime

[24.3 substituted by PR923132 ppc 26Sep02]

24.3.1 Subject to 24.3.2, an employer may require an employee to work reasonable overtime at overtime rates.

24.3.2 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

24.3.2(a) any risk to employee health and safety;

24.3.2(b) the employee’s personal circumstances including any family responsibilities;

24.3.2(c) the needs of the workplace or enterprise;

24.3.2(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

24.3.2(e) any other relevant matter.

24.4 An employee required to work overtime on a Saturday, Sunday or public holiday, shall be afforded at least four hours work or paid for four hours at the appropriate rate, except where such overtime is continuous with overtime commenced on the previous day.

24.5. 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.

24.5.1 An employee (other than a casual) who works so much overtime between the termination of his or her ordinary work on one day and the commencement of his or her work on the next day that the employee has not had at least ten consecutive hours off duty between those times, shall, subject to clause 23.6 hereof be released after completion of the overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during the time off duty.

24.6 If on the instruction of his or her employer such an employee resumes or continues work without having had ten consecutive hours off duty the employee shall be paid at the rate of double time for all time so worked until the employee is released from duty and the employee shall then be entitled to be absent from work without loss of pay for ordinary working time until the employee has had ten consecutive hours off duty.

24.7 Time-Off In Lieu Of Overtime

24.7.1 Time-off in lieu of overtime may be taken by mutual agreement between the employer and employee. Such time-off in lieu shall be calculated at the appropriate overtime rate payable for the overtime worked.

24.7.2 Time-off in lieu may be taken in either of the following ways:

24.7.2(a) By the full overtime rate being accrued as time-off in lieu.

24.7.2(b) By overtime worked being paid at the employees ordinary rate of pay with the penalty component of the overtime worked being taken as time-off in lieu.

24.7.2(c) Any accumulated time in lieu must be paid out upon termination at the employees appropriate rate of pay on the date of termination.

24.7.2(d) Accumulation of time in lieu shall be to a maximum one day per fortnight.

24.7.2(e) This clause shall not be used to discriminate against particular employees with respect to the allocation of overtime to those employees at a particular enterprise or within a section of an enterprise.

25. SHIFT WORK

25.1 Definitions

For the purposes of this clause:

25.1.1 Afternoon shift means any shift finishing after 6 pm. and at or before midnight.

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

25.1.3 Early morning shift means any shift commencing after midnight and before 6 am.

25.1.4 Day shift means a shift commencing after 7 am. and finishing at or before 6 pm.

25.1.5 Night shift means any shift finishing after midnight and at or before 8 am.

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

25.2 Ordinary hours of work - continuous shift workers

25.2.1 This clause shall apply to shift workers on continuous work as defined above.

25.2.2 The ordinary hours of such shift workers shall not exceed:

25.2.2(a) 8 in any one day

25.2.2(b) 48 in any one week

25.2.2(c) 88 in 14 consecutive days nor

25.2.2(d) 160 in 28 consecutive days

25.2.2(e) Subject to the following conditions such shift workers shall work at such times as the employer may require

25.2.2(f) A shift shall consist of not more than eight hours inclusive of crib time

25.2.2(g) Except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours

25.2.2(h) Twenty minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked.

25.3 Ordinary hours of work – non continuous shift workers

25.3.1 This clause shall apply to shift workers not engaged on continuous work as hereinbefore defined.

25.3.2 The ordinary hours of such shift workers shall not exceed:

25.3.2(a) 40 in any week to be worked in five shifts on Monday to Friday inclusive or five shifts of not more than eight hours, and one shift (Saturday) of not more than four hours; or

25.3.2(b) 80 in fourteen consecutive days in which case an employee shall not without payment for overtime be required to work more than eight consecutive hours on any shift or more than six shifts in any week.

25.3.2(c) Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than five hours without a break for a meal.

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

25.4 Rosters

Shift rosters shall specify the commencing and finishing times or ordinary working hours of the respective shifts.

25.5 Variation by agreement

25.5.1 The method of working shifts may in any case be varied by agreement between the employer and the employee, and where the employee is a member of the LHMU, the LHMU, to suit the circumstances of the establishment.

25.5.2 The time of commencing and finishing shifts, once having been determined may be varied by agreement between the employer and the employees concerned to suit the circumstances of the establishment or, in the absence of agreement, by seven day's notice of alteration given by the employer to the employees.

25.5.3 Prior to establishing any new shift or ceasing any established shift an employer shall give the employee, and where the employee is a member of the LHMU, the LHMU, not less than one week's notice of their intention and shall discuss with the relevant employee, and where the employee is a member of the LHMU, the LHMU, manning levels and implementation.

25.6 Afternoon or night shift allowances

25.6.1 A shift worker on continuous work whilst on afternoon shift shall be paid 17.5 per cent or whilst on night shift twenty per cent more than the ordinary rate for such shift.

25.6.2 A shift worker on other than continuous work whilst on afternoon shift shall be paid 17.5 per cent or whilst on night shift twenty per cent more than the ordinary rate for such shifts. A shift worker who works on any afternoon or night shift which does not continue for at least five successive afternoons or nights at a five-day work site or for at least six successive afternoons or nights at a six-day work site shall be paid at the rate of time and a half.

25.6.3 An employee who:

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

25.6.3(b) remains on night shift for a longer period than four consecutive weeks; or

25.6.3(c) works on a night shift, which does not rotate or alternate with another shift or with day work so as to give at least one third of the working time off night shift in each shift cycle;

25.6.3(d) shall during such engagement, period or cycle, be paid 30 per cent more than the ordinary rate for all time worked during ordinary working hours on such night shifts.

25.6.4 Except as provided in clause 25.11 hereof, no shift premium shall be paid for early morning or day shifts.

25.6.5 The minimum rate to be paid to any shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in the first and second clauses of clause 25.6 hereof.

25.7 Overtime

25.7.1 A shift worker required to work overtime on a Saturday, Sunday or public holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate, except where such overtime is continuous with overtime commenced on the previous day or in relation to a regular change of shift.

25.7.2 Except in each case where the time is worked:

• by arrangement between the employees themselves;
• or the purpose of effecting the customary rotation of shifts; or
• is due to the fact that the relief employee does not come on duty at the proper time,

a shift worker for all time worked in excess of eight hours or outside the ordinary working hours prescribed or on a shift other than a rostered shift shall:

25.7.2(a) If employed on continuous work be paid at the rate of double time; or

25.7.2(b) If employed on other shift work be paid at the rate of time and a half for the first two hours and double time thereafter;

25.7.2(c) Provided that when not less than eight hours' notice has been given to the employer by the relief that he/she or she will be absent from work and the employee who should be relieved, the unrelieved employee shall be paid at the rate of time and a half for the first four hours on duty after having finished his or her ordinary shift and a rate of double time thereafter, provided that where the employee is required to continue to work on his or her rostered day off the rate shall be double time.

25.7.2(d) In all such calculations shift premiums shall be excluded.

25.7.3 In calculating overtime each shift shall stand alone.

25.7.3(a) Provided that where the adoption of any particular roster results in the regular working of a shift at overtime rates, the overtime in question may be regarded as having accrued in equal amounts during the weeks of the shift cycle, and, if requested by a majority of the shift workers concerned, be paid accordingly instead of being paid in the pay week in which it is worked.

25.7.4 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.

25.7.4(a) An employee (other than a casual) who works so much overtime between the termination of his or her ordinary work on one day and the commencement of his or her work on the next day that the employee has not had at least ten consecutive hours off duty between those times, shall subject to clause 25.7.5 hereof, be released after completion of the overtime until the employee has had ten consecutive hours off duty, without loss of pay for ordinary working time occurring during that time off duty.

25.7.5 If on the instructions of his or her employer such an employee resumes or continues work without having had ten consecutive hours off duty the employee shall be paid at the rate of double time for all time so worked until the employee is released from duty and the employee shall then be entitled to be absent from work without loss of pay for ordinary working time until the employee has had ten consecutive hours off duty.

25.7.6 The provisions of clause 25.7.5 hereof shall apply in the case of shift workers who change from one shift to another as if eight hours were substituted for ten hours when overtime is worked for the purposes of changing shift rosters, or where a shift worker does not report for duty, or where a shift is worked by arrangement between employees for their own personal benefit.

25.8 Sundays and public holidays

25.8.1 A shift worker on continuous shift for work done on a rostered shift, the major portion of which is performed on a Sunday, shall be paid at the rate of double time.

25.8.2 A shift worker on continuous shift for work done on a rostered shift, the major portion of which is performed on a public holiday, shall be paid at the rate of double time with a minimum of four hours.

25.8.3 A shift worker on other than continuous work for all time worked on a Sunday or public holiday shall be paid double time and a half.

25.8.4 Where shifts commence between 11 pm and midnight on a Sunday or public holiday the time 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 public holiday and extending into a Sunday or public holiday shall be regarded as time worked on such Sunday or public holiday.

25.9 Reasonable overtime

[25.9 substituted by PR923132 ppc 26Sep02]

25.9.1 Subject to 25.9.2, an employer may require an employee to work reasonable overtime at overtime rates.

25.9.2 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

25.9.2(a) any risk to employee health and safety;

25.9.2(b) the employee’s personal circumstances including any family responsibilities;

25.9.2(c) the needs of the workplace or enterprise;

25.9.2(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

25.9.2(e) any other relevant matter.

25.10 Daylight Saving

25.10.1 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;

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

25.10.1(b) commencing on or before the time prescribed by such legislation for the termination of a summer time period

25.10.1(c) shall be deemed to be the number of hours represented by the difference between the time recorded by 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.

25.10.2 In this clause the expressions standard time and summer time shall bear the same meanings as are prescribed by the relevant legislation.

25.11 Special Provision - security officers only

A security officer whilst on early morning shift shall be paid 17.5 per cent more than the ordinary rate for such shift.

26. SUNDAY WORK

An employee required to work on a Sunday shall be paid at the rate of two and one half times the ordinary rate with a minimum payment of four hours.

PART 7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
27. ANNUAL LEAVE

27.1 All full time weekly hired employees shall on completion of 48 weeks of work of forty hours each with the employer, be entitled to four weeks' leave paid for at the ordinary time rate of pay as prescribed by this Award for the employee’s classification.

27.2 Subject to clause 27.3 hereof, annual leave shall be given and taken at such time and in such periods as are required by the employer provided that other than by mutual consent annual leave shall be given in one continuous period of four weeks or not more than two periods one of which shall be not less than two weeks in duration.

27.3 Where the employer intends temporarily to close (or reduce to nucleus) an establishment or a section thereof for the purposes of allowing annual leave to the employees concerned or a majority of them he/she may give in writing to such employees one month's notice (or in the case of any employees engaged after giving of such notice, notice on the date of the employee's engagement) that he/she elects to apply the provisions of this clause, and thereupon:

27.3.1 any such employee who at the date of closing is entitled to annual leave shall be given such annual leave commencing on and from the date of closing and, in addition, shall be paid holiday pay and proportionate annual leave loading for any period of employment after the accrual of his or her right to the annual leave and up to but excluding the date of closing;

27.3.2 any such employee who at the date of closing is not entitled to annual leave shall be given leave without pay as on and from the date of closing and shall be paid holiday pay and proportionate annual leave loading for that period of employment since the date of commencement or the accrual of his or her last annual holiday (whichever is the later) and up to but excluding the date of closing, together with pay for any public holiday during such leave for which the employee is entitled to payment; and

27.3.3 the next annual leave qualifying period of employment for every such employee shall commence as on and from the date of closing.

27.4 In clause 27.3 “date of closing” in relation to each employee means the first day of annual leave or unpaid leave pursuant to clause 27.3.

27.5 Annual leave shall be in addition to public holidays provided for in clause 31 – Public Holidays.

27.6 An employee whose services are terminated shall be entitled to all accrued leave or payment in lieu thereof. In respect of the time worked since the employee's last leave entitlement day leave shall be calculated in the proportion which that period bears to a calendar year.

27.7 A shift worker permanently engaged on continuous rostered shifts or engaged on permanent night shifts for the whole of the year in respect of which leave is granted shall be entitled to five weeks leave in lieu of four as provided in clause 27.1 above and pro rata for any period less than one year.

27.8 Annual Leave Loading

27.8.1 During a period of annual leave an employee, other than a casual, will receive a loading calculated on the basis of three and one third hours ordinary pay for each month of service.

27.8.2 This clause shall not apply to payment made in lieu of annual leave accrued due to summary dismissal of an employee.

[27.9 inserted by PR967840 ppc 23Jan06]

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

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

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

27.9(c) In the event that an employee takes annual leave in single day absences in accordance with the provisions of 27.9 (b), the employer and the employee may agree to withhold the payment of annual leave loading in accordance with the provisions of subclause 27.8 above until such a time as the employee has accessed five (5) days of annual leave as single day absences.

28. PERSONAL LEAVE

[28 substituted by PR967840 ppc 23Jan06]

The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees in relation to caring responsibilities are set out in paragraph 13 .2.3.

28.1 Definitions

In this clause the term immediate family means:

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

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

28.2 Amount of paid personal leave

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

• due to personal illness or injury;

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

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

28.3 Accumulation of personal leave

28.3.1 Untaken personal leave may accumulate to a maximum of 100 days.

28.3.2 After the first three months of service, an employee must be paid for personal sick leave to which he or she was not entitled, due to insufficient service, up to a maximum of 2.5 days in respect of the first three months of employment.

28.3.3 Accumulated personal leave may be used as sick leave if the current sick leave entitlement is exhausted.

28.4 The effect of workers’ compensation

If an employee is receiving workers’ compensation payments, they are not entitled to personal leave.

28.5 Personal leave for personal injury or sickness

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

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

28.6.1 Subject to 28.6.2 and 28.6.3, a full-time employee is entitled to use their personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency.

28.6.2 The entitlement in 28.6.1 is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take leave for this purpose where another person has taken leave to care for the same person.

28.6.3 Except as provided for in 28.6.4, an employee is entitled to use up to 80 hours of their accrued personal leave in a year for the purposes set out in 28.6.1.

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

28.6.4 By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 28.6.1, beyond the relevant limit set out in 28.6.3. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.

28.7 Employee must give notice

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

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

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

• the reasons for taking such leave; and

• the estimated length of absence.

28.8 Evidence supporting claim

28.8.1 Where a weekly hired employee is absent from work owing to illness or accident, the employer may require the employee to produce a doctor’s certificate or other satisfactory proof. A statutory declaration by the employee containing sufficient detail to enable the employer to assess whether a claim for payment under this clause is established shall be regarded as prima facie proof in cases of up to two days absence.

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

28.8.3 When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

28.9 Unpaid personal leave

Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided the requirements of 28.7 and 28.8 are met.

28A. BEREAVEMENT LEAVE

[28A inserted by PR967840 ppc 23Jan06]

The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 13.2.3.

28A.1 Paid leave entitlement

An employee other than a casual is entitled to 2 days bereavement leave on any occasion on which a member of the employee’s immediate family or household dies within Australia. Where a death occurs outside Australia, an employee other than a casual is entitled to 1 day bereavement leave. However, if an employee travels outside Australia to attend the funeral, the employee is entitled to 2 days bereavement leave.

28A.2 Unpaid leave entitlement

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

28A.3 Evidence supporting claim

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

29. PARENTAL LEAVE

[29 substituted by PR967840 ppc 23Jan06]

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

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

An eligible casual employee means a casual employee:

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

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

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

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

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

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

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

An eligible casual employee employed by their current employer, on or prior to 1 January 1998, shall be entitled to parental leave under the term of the award as of 13 September 2001.

An eligible casual employee employed on or after 13 September 2001 shall be entitled to parental leave under the term of the award as of 4 July 2002.

29.1 Definitions

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

29.1.2 Subject to 29.1.3, in this clause, spouse includes a de facto or former spouse.

29.1.3 In relation to 29.7, spouse includes a de facto spouse but does not include a former spouse.

29.2 Basic entitlement

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

29.2.2 Subject to 29.5.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

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

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

29.3 Variation of period of parental leave

Where an employee takes leave under 29.2.1 or 29.4.1(b), unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this clause detracts from the basic entitlement in 29.2.1 or 29.4.1(b).

29.4 Right to request

29.4.1 An employee entitled to parental leave pursuant to the provisions of 29.2 may request the employer to allow the employee:

29.4.1(a) to extend the period of simultaneous unpaid parental leave provided for in 29.2.2 up to a maximum of eight weeks;

29.4.1(b) to extend the period of unpaid parental leave provided for in 29.2.1 by a further continuous period of leave not exceeding 12 months;

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

to assist the employee in reconciling work and parental responsibilities.

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

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

The employee’s request and the employer’s decision made under 29.4.1(b) and 29.4.1(c) must be recorded in writing.

29.4.4 Request to return to work part-time

Where an employee wishes to make a request under 29.4.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

29.5 Maternity leave

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

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

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

29.5.2 When the employee gives notice under 29.5.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

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

29.5.4 Subject to 29.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

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

29.5.6 Special maternity leave

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

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

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

29.5.7 Where leave is granted under 29.5.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

29.6 Paternity leave

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

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

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

29.6.1(c) except in relation to leave taken simultaneously with the child’s mother under 29.2.2 and 29.4.1(a) a statutory declaration stating:

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

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

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

29.6.2 The employee will not be in breach of 29.6.1(a) if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

29.7 Adoption leave

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

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

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

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

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

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

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

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

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

29.8 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or longer as agreed under 29.4.

29.9 Transfer to a safe job

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

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

29.10 Returning to work after a period of parental leave

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

29.10.2 Subject to 29.10.4, an employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 29.9, the employee will be entitled to return to the position they held immediately before such transfer.

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

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

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

29.11 Replacement employees

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

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

29.12 Communication during parental leave

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

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

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

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

29.12.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 29.12.1.

30. JURY SERVICE

[30 substituted by PR953948 ppc 02Dec04]

30.1 In States other than Victoria

30.1.1 An employee other than a casual employee required to attend for jury service during their ordinary working hours will be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of the ordinary wage they would have received Monday to Friday in respect of the ordinary time they would have worked had they not been on jury service.

30.1.2 An employee will notify the employer as soon as possible for the date upon which they are required to attend for jury service.

30.1.3 Further, the employee will give the employer proof of attendance, the duration of such attendance and the amount paid in respect of such jury service.

30.2 In Victoria

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

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

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

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

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

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

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

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

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

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

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

31. PUBLIC HOLIDAYS

31.1 An employee, other than a casual employee, shall be entitled without loss of pay, to public holidays as follows:

• New Year's Day

• Australia Day

• Good Friday

• Easter Saturday

• Easter Monday

• Anzac Day

• Queens Birthday

• Eight Hours' Day or Labour Day

• Christmas Day

• Boxing Day (except in South Australia where Commemoration Day (28 December) shall be observed as a holiday throughout the State, except at Whyalla instead of Boxing Day)

• or such other day as is generally observed in a locality in addition to, or as a substitute for, any of the said days respectively.

31.2 In addition to the public holidays prescribed in clause 33.1 hereof, one additional public holiday shall apply to an employee on weekly hire in each State where this Award operates as follows:

31.2.1 In Queensland on the day gazetted for the local show for the appropriate area.

31.2.2 In New South Wales on a date to be determined from year to year by agreement between the LHMU and representatives of the employers.

31.2.3 In Victoria on Melbourne Cup Day.

31.2.4 In Tasmania on Regatta Day in Southern Tasmania (ie. Oatlands and all towns south of Oatlands) and on Recreation Day in Northern Tasmania (ie. in all towns north of Oatlands).

31.2.5 In South Australia on the Third Monday in May.

31.2.6 In Western Australia on Foundation Day.

31.3 Where Anzac Day Falls on a Saturday or Sunday it shall be observed on the following Monday.

31.4 Where Christmas Day falls on a Saturday or on a Sunday, the following Monday and Tuesday shall be observed as Christmas Day and Boxing Day respectively.

31.5 Where Boxing Day falls on a Saturday, the following Monday shall be observed as Boxing Day.

31.6 Where New Year's Day falls on a Saturday or on a Sunday, the following Monday shall be observed as New Year's Day and the Saturday and/or Sunday shall be deemed not to be holidays.

31.7 Where Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

31.8 By agreement between any employer and his or her employees, other days may be substituted at the enterprise for the public holidays prescribed above.

31.9 In addition, employees other than casual employees shall be entitled to a day agreed between the LHMU and the employees as Union Picnic Day without loss of pay.

31.10 Where a public holiday prescribed by this clause is observed on the rostered day off of a continuous shift worker (as defined), the employee shall be paid for eight hours at the ordinary time rate or, by agreement between the employer and the employee, be granted a day off in lieu or have an additional day added to the annual leave in respect of such holiday.

31.11 An employee required to work on a public holiday except where a day's leave has been substituted shall be paid for all time worked at the rate of two and one half times the ordinary rate with a minimum payment of four hours.

31.12 Substitution arrangements – New South Wales, 1999-2000

31.12.1 For the purposes of this clause, the following are public holidays for the Christmas-New Year period 1999-2000 in New South Wales:

• Saturday 25 December 1999

• Monday 27 December 1999

• Tuesday 28 December 1999

• Saturday 1 January 2000

• Monday 3 January 2000.

31.12.2 The following is a public half-holiday for the Christmas-New Year period 1999-2000 in New South Wales:

• that part of Friday 31 December 1999 that is after 12.00 noon.

The provisions of clause 25(f) do not apply to this half-holiday. An employee who starts work before 12 noon on this half holiday and continues beyond 12 noon must be paid at the rate of double time and half for all time worked after 12 noon. An employee who starts work after 12 noon must be paid in accordance with clause 31.11.

31.12.3 The provisions of this subclause 31.12 override the Christmas Day, Boxing Day and New Year’s Day substitution arrangements provided for in subclauses 31.4, 31.5, and 31.6.

32. TRAINING LEAVE

32.1 A LHMU delegate, or an employee representative referred to in 11.1.2 – Dispute Settlement Procedure, will be entitled to and the employer shall grant up to five days leave with pay each year non-cumulative to attend courses conducted by an accredited training provider which are specifically directed towards effective dispute resolution.

32.2 The employer and the individual employee will agree on the appropriate course and the timing of such leave having regard to the operational requirements of the employer.

32.3 If the employee is a member of the LHMU, the LHMU is to given a reasonable opportunity to participate in negotiations regarding course selection.

32.4 The employee taking such level will be paid all ordinary time earnings, which normally become due and payable during the period of leave. Ordinary time earnings shall be defined as the relevant award classification rate including any shift work loadings where relevant.

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

33. ATTENDANCE AT REPATRIATION CENTRES

Employees being ex-servicemen or ex-service women shall be allowed as time worked, lost time incurred whilst attending Repatriation Centres for medical examination and/or treatment providing that:

33.1 Such lost time does not exceed eight hours on any one occasion.

33.2 Payment shall be limited to the difference between the appropriate hourly rate for the period and any payment received from any other source in respect of such attendance.

33.3 The employee produces satisfactory evidence of the requirement to attend and proof of attendance.

34. ATTENDANCE AT INDUSTRY MEETINGS

34.1 Meetings of employees

Where the LHMU calls a meeting of all employees in the industry in a particular State to discuss a change of significance to this Award and such meeting is to be during ordinary working hours, the employees attending the meeting shall do so without loss of ordinary pay subject to the following:

34.1.1 The time and date of the meeting shall be discussed between the LHMU and the head office of the Australian Paint Manufacturers Federation or its nominee in respect of those employers set out in Section 1 of Schedule A and between the LHMU and the individual employers set out in Section 2 of Schedule A or their nominee.

34.1.2 The meeting shall be held between Monday and Friday inclusive.

34.1.3 Where such a meeting is held before midday employees shall resume normal work immediately after the meeting and not later than normal resumption time after the midday meal period.

34.1.4 An employer shall not be liable to pay an employee for more than two such meetings in any one calendar year, nor for more than three hours ordinary time in respect of each meeting.

34.1.5 An employee shall establish to the satisfaction of the employer that he/she or she attended the meeting. For the purposes of this clause an attendance sheet or record with the employee's name clearly printed and signed by the employee and stamped and dated by the LHMU will be satisfactory compliance.

34.2 Delegates meetings

In addition to the entitlements under clause 34.1 hereof, and subject to the same provisos contained in clause 34.1 hereof, the delegates representing members of the LHMU at the site of an employer shall be entitled to four paid delegates meetings, each of not more than three hours ordinary time, per calendar year.

PART 8 - OCCUPATIONAL HEALTH AND SAFETY MATTERS
35. ACCIDENT PAY

35.1 Definitions

35.1.1 Injury and incapacity, where used in this clause have the same meaning as in the workers’ compensation or accident compensation legislation (in this clause “the Legislation”) in the State or Territory where an employee is employed.

35.1.2 Week(s) for the purposes of this clause means any week in which a payment of accident make-up pay is made even if a payment is for only part of the week.

35.2 Entitlement

35.2.1 When an employee is entitled to a weekly payment of compensation, the employee is entitled to receive accident make-up pay paid by the employer in accordance with this clause, whether the employee is injured or incapacitated either totally or partially, whether permanently or temporarily by injury.

35.2.2 The period of accident make-up pay for any one injury will not exceed 52 weeks payment.

35.2.3 The maximum weekly amount of accident make-up pay to which an employee is entitled is the difference between the employee’s ordinary weekly rate of pay (excluding shift penalties) and the total of any sums payable under the Legislation and any sums earned by him or her in the same employment or otherwise or that he or she is able to earn from suitable employment during such period.

35.2.4 Where accident make-up pay is payable for part of a week only, such payments shall be pro-rata to a full week’s entitlement.

35.3 Application of accident make-up pay

35.3.1 Accident make-up pay is not payable in respect of an accident or injury occurring within the first five days of an employee’s service.

35.3.2 Accident make-up pay is not payable during the first five normal working days of incapacity, except where the employee is absent as a result of the injury for more than ten working days.

35.3.3 Accident make-up pay is not payable for any period of paid annual leave, long service leave, sick leave or for any paid public holiday.

35.3.4 Where in accordance with the Legislation, an employee is certified by a medical referee or Board as fit to return to his or her employment or for specified employment, which is available or is made available to the employee, but the employee refuses or fails to resume or perform such employment then, all payments of accident make-up pay shall immediately cease from the date of such refusal or failure.

35.3.5 Accident make-up pay is not payable where in accordance with the Legislation an employee seeks to redeem weekly payments by payment of a lump sum, then from the date the redemption was made, in respect of the particular injury.

35.3.6 Accident make-up pay is not payable where an employee has received accident pay and subsequently obtains a verdict for damages against his or her employer or is paid an amount in settlement of any claim made under the Legislation. In this case an employee will then repay the employer the amount of accident make-up pay which the employer has paid in respect of the particular injury.

35.3.7 The right to be paid accident make-up pay will terminate on the death of an employee and no sum will be payable to the legal personal representative, next of kin, assignee or dependent of the deceased employee, with the exception of accident make-up pay accrued up to the time of the death.

35.4 Changes to the compensation

35.4.1 If the rates of compensation received by the employee are varied, such variations will not operate to increase the amount of accident pay payable to an employee above the amount that would have been payable had the rates of compensation not been varied.

35.4.2 If the compensation payable to an employee is reduced because the employee is entitled to receive or is receiving accident make-up pay, then the accident make-up pay must be no less than the compensation payment the employee would have received had been no reduction in the compensation payment.

35.5 Employer duties and rights

35.5.1 Nothing in clause 35 affects the right of an employer to terminate the employment of an employee.

35.5.2 If an employee is dismissed by an employer while the employee is on workers’ compensation, the employer must continue to pay the employee accident make-up pay in accordance with this clause up to a maximum of 52 weeks, provided that the employee continues to receive compensation payments as prescribed by the Legislation.

35.6 Employee obligations

35.6.1 Where an employee injures himself or herself, the employee must advise the employer in writing of the injury and all necessary details.

35.6.2 Where an employee who is receiving, or has received, accident make-up pay takes any action against the employer for damages in respect of the injury, the employee must:

35.6.2(a) advise the employer of all relevant details of such claim;

35.6.2(b) if required, authorise the employer to obtain information concerning the progress of such a claim from the employee’s solicitor; and

35.6.2(c) if required by the employer, give the employer an irrevocable authority entitling the employer to charge upon any monies payable as a result of any verdict or settlement concerning the damages claim.

35.6.3 An employee who is receiving or who has received accident pay concerning an injury must, if required by the employer or someone acting on behalf of the employer, authorise the employer to obtain information concerning the injury or compensation payable from the insurance company that is liable to pay the compensation to the employee under the Legislation.

35.6.4 Where the injury for which accident make-up pay is paid, was caused under circumstances creating a legal liability in some person, other than the employer, to pay damages in respect thereof and the employee obtains a verdict against that person, then the employee will immediately, upon payment of such verdict or amount of money to him or her or to his or her agent, repay to the employer the amount of accident make-up pay which the employer paid in respect of the employee's injury and the employee will not be entitled to any further accident make-up pay and will upon the institution of any such claims deliver to the employer an irrevocable authority addressed to such other person, to pay to the employer out of such verdict or settlement the amount of accident make-up pay.

36. CLOTHING AND EQUIPMENT

36.1 Where an employee is required to wear protective clothing and equipment as stipulated by the relevant law operating in a State or Territory covered by this award, the employer shall reimburse the employee for the cost of purchasing such special clothing and equipment. The provisions of this clause do not apply where the clothing and equipment is paid for by the employer.

36.2 Where an employee is required to wear case-hardened prescrption lenses the employer shall reimburse the employee for the cost of such case-hardening.

SCHEDULE A - EMPLOYER RESPONDENTS TO THE AWARD

[Sched A varied by PR924480 from 12Dec02]

Section 1

A M Industries Aust, 5 Walker Street, Braeside VIC 3195
Bristol Paint Pty Ltd, PO Box 345 Glen Waverley VIC 3195
Campbell Paints Pty Ltd, PO Box 98 Mortdale NSW 2223
Color Maker Industries Pty Ltd, PO Box 462, Brookvale NSW 2100
Croda Coatings Pty Ltd, PO Box 356 Seven Hills NSW 2147
Crown Paints Co (Aust) Pty Ltd, PO Box 424, Zillmere QLD 4034
Dulux Australia Limited, PO Box 60, Melbourne VIC 3002
Henry Haymes Pty Ltd, PO Box 549, Ballarat VIC 3350
Jotun Protective Coatings Pty Ltd, 9 Cawley Road, Brooklyn VIC 3025; PO Box 405, Altona North VIC 3025
Kenbrock Timber Finishes Pty Ltd, 1925 Malvern Road, East Malvern VIC 3145
Laker Paint Company, PO Box 279, Darra QLD 4076
Mirotone Pty Ltd, PO Box 69, Revesby NSW 2212
Norglass Laboratories Pty Ltd, 59 Moxon Road, Punchbowl NSW 2196
Paint Industries (Aust) Pty Ltd, PO Box 139, Concord NSW 2137
Robertson & Co Pty Ltd, PO Box 263, St Marys NSW 2760
Taubmans Pty Ltd, PO Box 15, Villawood NSW 2163
Tenalex Paints Pty Ltd, 186 Kingston Road, Slacks Creek QLD 4127
Tridek Pty Ltd, PO Box 31, Brookvale NSW 2100
Vee Dri (Aust) Pty Ltd, 52-62 Arncliffe St, Arncliffe NSW 2215
Vessey Chemicals Pty Ltd, PO Box 644, Artarmon NSW 2164
Vipond's Paints Pty Ltd, PO Box 30, North Coburg VIC 3058
Wattyl Limited, PO Box 6, Five Dock NSW 2146

Section 2

NEW SOUTH WALES

Acryline Paints & Membranes Pty Ltd, Powers Road, Seven Hills NSW 2147
Adchem Industries Pty Ltd, 30 Walker Street, Windsor NSW 2756
Adma Pty Ltd, 25 Harriette Street, Neutral Bay NSW 2189
Allon Paints, 819 New Canterbury Road, Hurlstone Park NSW 2193
Aquatrol Company, 31 Hugh Street, Belmore NSW 2192
B & E Supplies Pty Ltd, 12 Mansfield Street, Balmain NSW 2141
Brinley Paint and Paper Product, PO Box 51, Sutherland NSW 2232
Camfen Pty Ltd, 14 Regent Crescent, Moorebank NSW 2170
Campbell Paints Pty Ltd, Anderson Road, Mortdale NSW 2223
Car & Marine Paints, 728 Parramatta Road, Petersham NSW 2149
CKL Shellac Imports, 15 Burraneer Bay Road, Cronulla NSW 2230
Cleveland Quality Paints, 95 Victoria Street, Smithfield NSW 2164 (C No. 21711 of 1994)
Colormaker Industries Pty Ltd, 44 Orchard Road, Brookvale NSW 2100
Color Market Industries, PO Box 162, Brookvale NSW 2100
Consolidated Waterproofing Pty Ltd, 49 Chard Road, Brookvale NSW 2100
Corroless International Pty Ltd, 84 Bay Street, Botany NSW 2119
Courtalds (Australia) Pty Ltd, 9 Birmingham Avenue, Villawood NSW 2168 (C No. 23276 of 1996)
C R Laurence North Pty Ltd, 5 Green Street, Revesby NSW 2212
Croda Herberts Pty Ltd, 15-23 Melbourne Road, Riverstone NSW 2765 (C No. 21711 of 1994)
Crusader Metal Art Pty Ltd, 81 Princess Highway, St Peters NSW 2144
Cuprinol Timber Treatments, 9 Gow Street, Padstow NSW 2211
Devoe Coatings, 16 Loyalty Road, North Rocks NSW 2151
Duram Coating Products Pty Ltd, 55 Blaxland Road, Ryde NSW 2112
Emery Chemicals Pty Ltd, 64 Mary Street, St Peters NSW 2144
Factory Applicators Pty Ltd, 4 Carlton Crescent, Kogarah Bay NSW 2217
Fiber Glass International P/L, 14 Clearview Place, Brookvale NSW 2100
Fleckote Enterprises Pty Ltd, 21 Olola Avenue, Castle Hill NSW 2154
Flexible Coatings Pty Ltd, 15 Bella Machree Bay, Gymea Bay NSW 2227
Forminex Pty Ltd, PO Box 142, Brookvale NSW 2100
Great Western Paint Co, Old Bathurst Road, Wentworth Falls NSW 2782
Grozier W D & Co Pty Ltd, 65-67 Bourke Road, Alexandria NSW 2105
Hallab's Auto Paints Panel, l Marsh Street, Granville NSW 2142
Halstar Pty Ltd, 52 Belmore Road, Punchbowl NSW 2196
Healing Industries Pty Ltd, PO Box 11, Lakemba NSW 2195
Heritage Paints Pty Ltd, 69 Wangee Road, Lakemba NSW 2195
Hillux Auto Paint Co, 577 Parramatta Road, Leichhardt NSW 2140
Industrial & Decorative Plastic, 82 Gow Street, Padstow NSW 2211
John Delohery Pty Ltd, 2 Muriel Street, Rydalmere NSW 2164
Klean Strip (Aust) P/L, 33 Beljona Avenue, Regents Park NSW 2143
Krysler Paints Pty Ltd, 66 Carlingford Road, Sefton NSW 2162
Lacnam Paints, 80 Mandoon Road, Girraween NSW 2145 (C No. 21711 of 1994)
Luxor Products, 54 Rose Street, Wheeler Heights NSW 2908
Magnum Organic Chemicals P/L, PO Box 244, Matraville NSW 2193
Martin Paints, 35 Levey Street, Arncliffe NSW 2215
Masterbrand Paints P/L, 12 Ethell Road, Kirrawee NSW 2232
Mirotone Pty Ltd, 21 Marigold Street, Revesby NSW 2212
Monaro Paints Pty Ltd, 74 Yass Road, Queanbeyan NSW 2621
Monocure Pty Ltd, 5 Melissa Street, Regents Park NSW 2143
Netchem Pty Ltd, 80 Box Road, Taren Point NSW 2229
Northern Lacquers, 65 Old Pittwater Road, Brookvale NSW 2100
O'Brien Manufacturing, 9 Hacket Street, Ultimo NSW 2107
Paint Industries (Aust) Pty Ltd, 9 Bennett Street, Mortlake NSW 2137
Pascol Paints Pty Ltd, PO Box 63, Roseberry NSW 2118
Phoenix Lacquer Company, PO Box 382, Bankstown NSW 2210
Philmor Coating Service Pty Ltd, 21 Antill Street, Guildford NSW 2161
Pike P F, 36 Twenty-Second Avenue, West Hoxton NSW 2171
Plummer B G & Co Pty Ltd, Amex Avenue, Girraween NSW 2145
Polyurethane Specialists Pty Ltd, 342 Pennant Hills Road, Pennant Hills NSW 2121
Porters Original Lime Wash, 11 Albion Way, Surry Hills NSW 2110
Prime Coat Applications, 45c Broughton Street, Kirribilli NSW 2161
Pylon Chemicals, 6 Margate Street, Botany NSW 2119
Regal Paints Pty Ltd, 15-23 Melbourne Street, Riverstone NSW 2765
Resillent Coatings, 28 Palm Road, Newport NSW 2106
Ripoff Paints Pty Ltd, 941 Barrenjoey Road, Palm Beach NSW 2108
Robertson & Co Pty Ltd, Cnr Power and Christie Streets, St Marys NSW 2760
Selleys Pty Ltd, 1 Gow Street, Bankstown NSW 2210
Shines Pty Ltd, 14 Depot Road, Peakhurst NSW 2210
Solvent Manufacturing Co Pty Ltd, 52 Winbourne Road, Brookvale NSW 2100
Southern Sealing Services Pty Ltd, 22 Park Street, Sutherland NSW 2232
Sprayex Surfaces, 5 Perry Street, Dundas NSW 2117
Supreme Plastic Paint, 14 Regent Crescent, Moorebank NSW 2170
Survey Marine Coatings, Birkenhead Point Shopping Complex, Drummoyne NSW 2147
Taubmans, 7 Birmingham Avenue, Villawood NSW 2161
Taubmans Pty Ltd (Formerly known as Plascon Taubmans Pty Ltd) 9 Birmingham Avenue, Villawood NSW 2168 (C No. 23276 of 1996)
Tridek Coatings, 98 Old Pittwater Road, Brookvale NSW 2100
Trimaster Paints Pty Ltd, 70 Caringford Street, Sefton NSW 2162
Uniwire Pty Ltd, 41 Dunheved Cct, St Marys NSW 2760
Vadek Coating Pty Ltd, 42 Chard Road, Brookvale NSW 2100
Valient Paints (Aust) P/L, 7 Bayard Street, Mortlake NSW 2137
Vee Dri (Aust) Pty Ltd, 52-62 Arncliffe Street, Arncliffe NSW 2215
Vessey Chemicals Pty Ltd, PO Box 644, Artarmon NSW 2164
Vielit Pty Ltd, 31 Grafton Street, Greystanes NSW 2145
Wattyl Limited, PO Box 6, Five Dock NSW 2146
Wattyl (NSW), 4 Steel Street, Blacktown NSW 2148
White Knight Paints Pty Ltd, Cnr Powers and Boden Roads, Seven Hills NSW 2147 (C No. 21711 of 1994)
Wright Paints Pty Limited, 9 Lanceley Place, Artarmon NSW 2164

Section 3

QUEENSLAND

Australian Paints, Herries Street, Toowoomba QLD 4350 (C No. 22764 of 1994)
Bob McKnight (Trading) Pty Ltd, 23 O'Connell Terrace, Bowen Hills QLD 4006
Boykell Pty Ltd, 12 Aquarium Avenue, Hemmant QLD 4174
Crown Paint Co (Aust) P/L, PO Box 424, Zillmere QLD 4034
Croda Paints (QLD) Pty Ltd, PO Box 126, Goodna QLD 4300
Dolphin Paints, 19 North View, Mermaid Beach QLD 4218 (C No. 22764 of 1994)
Emery Chemicals Pty Ltd, Unit 8 Bowengate Business Park, Bowen Bridge Road, Bowen Hills QLD 4006 (C No. 22764 of 1994)
Evic-Plastevic, 15 Tarbet Street, Kenmore QLD 4215
Laker Paint Co Pty Ltd, PO Box 279, Darra QLD 4076
Pioneer Chemicals Pty Ltd, Railway Parade, Rocklea QLD 4106
Resene Paints (Australia) Ltd 457 Production Avenue, Ernest Junction Ernest QLD 4214 (C No. 22764 of 1994)
Sikkens Timber Finishes, 404 Nudgee Road, Hendra QLD 4011 (C No. 22764 of 1994)
Tenalex Paints Pty Ltd, Kingsford & Monte Streets, Slacks Creek QLD 4127
Wattyl (QLD) Pty Ltd, PO Box 335, Archerfield QLD 4108

Section 4

WESTERN AUSTRALIA

Australian Protective Coatings, 5-7 Pitt Way, Myaree WA 6154
Colortone Paints Pty Ltd, PO Box 137, Belmont WA 6104
Croda Paints (WA) Pty Ltd, PO Box 340, Cloverdale WA 6105
Davidson Paints (WA) Pty Ltd, PO Box 100 Bayswater WA 6053
Lenkote Paints Pty Ltd, PO Box 298, Morley WA 6062
Permalux Paints, 8 Carole Road, Maddington WA 6109
Raffles Paints Aust P/L, PO Box 304, Cannington WA 6107
Rustproofers (Aust) Pty Ltd, 26 Cutler Road, Jandakot WA 6164
Supalux Paint Co Pty Ltd, PO Box 151, Cloverdale WA 6105
Warren & Counsel Custom Paint, 2 Gibbs Street, Cannington WA 6107

Section 5

SOUTH AUSTRALIA

Acra-Tex Materials Pty Ltd, 1 Jeanes Street, Beverley SA 5009
Adlam Protective Coatings, 69 Newton Road, Newton SA 5074
Crash Supplies Pty Ltd, 452 Horphett Street, Mophett Vale SA 5162
WP Crowhurst Pty. Ltd. 37 Belford Avenue, Deven Park, South Australia 5008, in respect of the employment by WP Crowhurst Pty Ltd of persons employed in or in connection with the manufacture (including laboratory activities), processing, treatment and handling of products used in or in connection with decorative or protective surface coatings or coverings and associated products (C No. 21081 of 1998)
European Automotive Paint Supplies Pty Ltd, 59 Goodwood Road, Wayville SA 5034
Lawlor Anti-Corrosion Pty Ltd, 6 Henley Street, Mile End SA 5031
Lonsdale Auto Paint Supplies, 14 Liston Road, Lonsdale SA 5160
Metz Pty Ltd, 9 Turbo Road, Kings Park SA 5034
Mirotone Pty Ltd, 79 Jerois Street, Torrensville SA 5031
Para Plastics Pty Ltd, 155 Regency Road, Croydon Park SA 5008
Pyramid Paints Pty Ltd, 41 Oaklands Road, Somerton Park SA 5044
S A Surface Coating Supplies, 31 Byre Avenue, Somerton Park SA 5044
Spray Chief Paints, 64c Main North Road, Prospect SA 5082
Tasman Trading Co Pty Ltd, 219 Hanson Road, Athol Park SA 5012
Topline Paints Pty Ltd, PO Box 284, Morphett Vale SA 5162
Vestris Graeme Paint Sales, 5 Angus Avenue, Edwardstown SA 5039
Watco, 408 King William Street, Adelaide SA 5000
Watco Australia, 211 Gouger Street, Adelaide SA 5000

Section 6

VICTORIA

ACROL, 8 Riverview Parade, Yarra Junction VIC 3797
AIR-LAC Pty Ltd, 59 Hudsons Road, Spotswood VIC 3015
A M Industries Australia, 5 Walker Street, Braeside VIC 3195
ANZOL (Vic) Pty Ltd, Hallam Valley Road, Dandenong VIC 3175
Art Spectrum Manufacturing Co, 268 Barkley Street, Brunswick VIC 3056
Avin Colorclad, 1 Monterey Road, Dandenong VIC 3175 (C No. 22764 of 1994)
Cabots Stains, 1330 Ferntree Gully Road, Scoresby VIC 3179
Chromos Paints Pty Ltd, 67 Inkerman Street, St Kilda VIC 3182
Class Powder Coating, Factory 10, 310 Chesterville Road, Moorabbin VIC 3189 (C No. 22764 of 1994)
Custom Paints Pty Ltd, 6 Little Hyde Street, Yarraville VIC 3013
CWF Australia Pty Ltd, 1925 Malvern Road, Malvern East VIC 3144
D Aquino Coatings, 116 Whitehall Street, Footscray VIC 3011 (C No. 22764 of 1994)
Douglas Colours Pty Ltd, 47 Grange Road, Cheltenham VIC 3192
Dulux Australia Limited (a division of Orica Australia Pty Limited), PO Box 60, Clayton VIC 3168
Fire Coat, 230 Canterbury Road, Bayswater VIC 3153
Flamingo Paints, 50 Hawker Street, Airport West VIC 3042
Grimes & Sons, 30 Peel Street, Eltham VIC 3095
Henry Haymes Pty Ltd, 25 Scott Parade, Ballarat VIC 3350
Hi Chem Industries Pty Ltd, 73 Hallam South Road, Hallam VIC 3803 (C No. 21721 of 1995)
Integrity Paint Company, 281 Canterbury Road, Forest Hill VIC 3131 (C No. 22764 of 1994)
Intergrain Timber Finishes Pty Ltd, 1925 Malvern Road, East Malvern VIC 3145 (C No. 21711 of 1994)
J K MacLeod (Aust) Pty Ltd, 23 Carinish Road, South Oakley VIC 3167
K & H Paints, 21 Bennett Street, Dandenong VIC 3175
Kembrook Aust Pty Ltd, PO Box 21, Mulgrave North VIC 3170
Mirotone Pty Ltd, 13 Abbots Road, Dandenong VIC 3175
Paint Manufacturing Co, 42 Newlands Road, Reservoir VIC 3073
Parr Paint & Chemicals, 42 Newlands Road, Reservoir VIC 3073
Powder Coating Specialists, 163 Forster Road, Mt Waverley VIC 3149 (C No. 22764 of 1994)
Prism Paints Pty Ltd, 2 Tottenham Parade, West Footscray VIC 3012
Resins & Reinforcements Pty Ltd, 51 Stephen Road, Dandenong VIC 3175
Riv-Oland Marble Co Pty Ltd, Raglan Street, Preston VIC 3072
Sherwood Paint Industries, 16-18 Thornycroft Street, Campbellfield, VIC 3061 (C No. 21081 of 1998)
Sikkens Transparent Woodstains, (Tenaru Pty Ltd) 578 Canterbury Road, Vermont VIC 3133 (C No. 22764 of 1994)
S Smith and Co Pty Ltd, PO Box 6, Flemington VIC 3031
S Smith & Co Pty Ltd, Cnr Dynon Road, South Kensington VIC 3031
Speers W Pty Ltd, 312 Pascoe Vale Road, Essendon VIC 3040
Taubmans Paints Pty Ltd, 51 McIntyre Road, Sunshine VIC 3021
Terranova Pty Ltd, 21 Chingford Street, Fairfield VIC 3078
The Paint Factory, 172 Canterbury Road, Bayswater North VIC 3153 (C No. 22764 of 1994)
Trade Paint Pty Ltd, 6 Oakdene Grove, Laverton VIC 3028
Troweldcraft Superwall, 56 Brunel Road, Seaford VIC 3198 (C No. 22764 of 1994)
The Paint Factory, 3 Doreset Road, Bayswater VIC 3153
Tysule No 30 Pty Ltd, 40 Balcombe Road, Mentone VIC 3196
Vernichem Pty Ltd, 392 St Georges Road, Fitzroy North VIC 3065
Vibatex, 21 Chingford Street, Fairfield VIC 3078
Vipond's Paints Pty Ltd, 2 Norris Street, North Coburg VIC 3058
Wagon Paints, 5 Stephenson Road, Bayswater North VIC 3153 (C No. 22764 of 1994)
Wattyl Paints & Varnish Pty Ltd, 82 Levanswell Road, Moorabbin VIC 3189
White Knight Paints Pty Ltd, 6 Hinkler Road, Mordilloc VIC 3195
Yukon Manufacturing Co, 158 Waiora Road, Rosanna VIC 3084

ROPING-IN AWARD NO. 1 OF 2001

[Roping-in Award No. 1 of 2001 inserted by PR906144 ppc 29May01]

1. TITLE

This award shall be known as the Australian Paint Industry (Roping in No. 1) Award 2001.

2. PARTIES BOUND

2.1 This award is binding upon:

2.1.1 The Australian Liquor, Hospitality and Miscellaneous Workers Union, it’s officers and members; and

2.1.2 VSP Industries, PO Box 83, Laverton, Victoria, 3028.

whether members of the union or not, engaged in the performance of work within the scope of the award.

3. COVERAGE OF THE AWARD

Subject to this award, the provisions of the Australian Paint Industry Award 2000 [Print S2330 [AW765560]], as varied from time to time, will apply.

4. OPERATION

This award will come into force from the beginning of the first pay period to commence on or after 29 May 2001 and shall remain in force for six months.

** end of text **