AP789529CRV - Metal, Engineering and Associated Industries Award 1998

FAIR WORK AUSTRALIA CONSOLIDATION

This Fair Work Australia consolidated award incorporates all amendments up to and including 30 September 2008 (variation PR983703).

Clauses affected by the most recent amendment are:

Part I - Metal, Engineering and Associated Industries Employees

5.9 Allowances and special rates

6.4 Overtime

Schedule C - Provisions applicable to specific industry sectors, enterprises, projects or geographical areas

Part II - Draughting, Planning and Technical Employees

9. Rates of pay and related matters

10. Hours of work, shift work, meal breaks and overtime

About this Award:
Title changed by PR954288 from Metal, Engineering and Associated Industries Award, 1998 - Part I

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.

AP789529CRV [Pre-Reform FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations and Other Legislation Amendment Act 1996
Schedule 5 Item 49(1)

Metal Trades Industry Association of Australia and
Engineering Employers Association South Australia
(C No. 24164 of 1997)

Schedule 5 Item 49(1)

Metal Trades Industry Association of Australia, Engineering
Employers Association South Australia, Automotive, Food, Metals,
Engineering, Printing and Kindred Industries Union, Australian Workers
Union and Communication, Electrical, Electronic, Postal,
Plumbing, Information and Allied Services Union of Australia
(C No. 24165 of 1997)

METAL INDUSTRY AWARD 1984 - PART 1
(ODN C No. 02568 of 1984)
[Print F8925 [M0039]]

Award simplification

ORDER

A. Pursuant to a decision [Print P9311] and statement [Print Q0445] of the Commission the above award is varied as follows:

1. Delete all clauses of the award and insert the following in lieu thereof:

1. AWARD TITLE

[Award title changed, new 1 inserted by PR954288 ppc 14Dec04]

This award shall be known as the Metal, Engineering and Associated Industries Award 1998 and is comprised of the following Parts:

Part I - Metal, Engineering and Associated Industries Employees

Part II - Draughting, Planning and Technical Employees

Part III - Engine Drivers

Part IV - Long Service Leave

Part V - Supervisors

Part VI - Trainee Engineers and Scientists

METAL, ENGINEERING AND ASSOCIATED INDUSTRIES AWARD, 1998 - PART I - METAL, ENGINEERING AND ASSOCIATED INDUSTRIES EMPLOYEES

[new Part I title heading inserted by PR954288 ppc 14Dec04]

[Part l: see also Common Rule Declaration PR954297 appended to this award]

PART 1 - APPLICATION AND OPERATION OF PART I

[Pt 1 heading substituted by PR954288 ppc 14Dec04]

1.1 TITLE

[Pt I:Pt 1:1.1 varied by Q2527; Award title changed and substituted by PR954288 ppc 14Dec04]

This part of the award shall be known as the Metal, Engineering and Associated Industries Award 1998 - Part I - Metal, Engineering and Associated Industries Employees. It is referred to throughout this part as Part I.

1.2 ARRANGEMENT

[Pt I:Pt 1:1.2 amended by Q2704 Q2527 PR947664 PR954288 PR959867 PR964989]

Part 1 - Application and operation of Part I [PR954288]

1.1 Title [PR954288]

1.2 Arrangement [PR964989]

1.3 Anti-discrimination

1.4 Definitions [PR955055]

1.5 Commencement date of award and period of operation

1.6 Coverage of award

1.7 Parties bound [PR906395]

1.8 Persons, organisations, industries and employers exempted from coverage

1.9 Relationship with other awards [Q2527]

Part 2 - Enterprise flexibility

2.1 Enterprise flexibility

2.2 Facilitative provisions [PR955055]

Part 3 - Consultation and dispute resolution

3.1 Consultative mechanism and procedures [Q2704]

3.2 Dispute resolution procedure [PR947664]

Part 4 - Employment relationship

4.1 Employer and employee duties

4.2 Employment categories [PR969026]

4.2.1 Probationary employment

4.2.2 Full time employment

4.2.3 Casual employment

4.2.4 Part-time employment

4.2.5 Employment for specific period of time or for a specific task or tasks

4.2.6 Apprentices

4.2.7 School based apprentices

4.2.8 Trainees

4.2.9 Unapprenticed juniors

4.3 Termination of employment [PR955055]

4.3.1 Notice of termination by employer

4.3.2 Notice of termination by employee

4.3.3 Summary dismissal

4.3.4 Job search entitlement

4.3.5 Transmission of business

4.4 Severance pay [PR947664]

4.4.1 Definitions

4.4.2 Severance pay

4.4.3 Transmission of business

4.4.4 Employees exempted

4.4.5 Incapacity to pay

4.4.6 Alternative employment

4.4.7 Employee leaving during notice period

4.4.8 Job search entitlement

4.4.9 Transfer to lower paid duties

4.5 Absence from duty

4.6 Standing down employees

4.7 Abandonment of employment

Part 5 - Rates of pay and related matters

5.1 Classifications and rates of pay [PR959867]

5.1.1 Rates of pay for adult employees

5.1.2 Classification definitions and skilled based career paths

5.1.3 Procedure for classifying employees

5.1.4 Mixed functions

5.1A Transitional wage rates for Victoria—application of common rule award [PR959867]

5.2 Training

5.3 Apprentice rates of pay [PR969026]

5.4 Adult apprentice rates of pay [PR969026]

5.5 Unapprenticed junior rates of pay [PR959867]

5.6 Trainee rates of pay [PR959867]

5.7 Payment by results

5.8 Supported wage system for people with disabilities [PR959867]

5.9 Allowances and special rates [PR983703]

5.9.1 All-purpose allowances

5.9.2 Other allowances

5.9.3 Special rates

5.9.4 Transfer, travelling and working away from usual place of work

5.10 Extra rates not cumulative

5.11 Payment of wages [Q2704]

5.11.1 Period of payment

5.11.2 Method of payment

5.11.3 Payment of wages on termination of employment

5.11.4 Day off coinciding with pay day

5.11.5 Wages to be paid during working hours

5.11.6 Absences from duty under an averaging system

Part 6 - Hours of work, shift work, meal breaks and overtime

6.1 Ordinary hours of work [Q2704]

6.1.1 Ordinary hours of work - day workers

6.1.2 Ordinary hours of work - continuous shiftworkers

6.1.3 Ordinary hours of work - non-continuous shiftworkers

6.1.4 Methods of arranging ordinary working hours

6.1.5 Daylight saving

6.1.6 Make-up time

6.2 Special provisions for shiftworkers [PR912584]

6.2.1 Definitions

6.2.2 Afternoon and night shift allowances

6.2.3 Rate for working on Saturday shifts

6.2.4 Rate for working on Sunday and public holiday shifts

6.2.5 Afternoon shift at National Engineering Pty Ltd

6.3 Meal breaks

6.4 Overtime [PR983703]

6.4.1 Payment for working overtime

6.4.2 Requirement to work reasonable overtime

6.4.3 One in, all in does not apply

6.4.4 Rest period after overtime

6.4.5 Call back

6.4.6 Standing by

6.4.7 Saturday work

6.4.8 Sunday work

6.4.9 Public holiday work

6.4.10 Rest breaks

6.4.11 Meal allowance

6.4.12 Transport of employees

Part 7 - Types of leave and public holidays

7.1 Annual leave [Q2704]

7.1.1 Period of leave

7.1.2 Additional leave for seven day shift workers

7.1.3 Payment for period of annual leave

7.1.4 Loading on annual leave

7.1.5 How to calculate the leave entitlement

7.1.6 Public holidays falling in a period of leave

7.1.7 Annual leave in one or more separate periods

7.1.8 Leave is to be taken

7.1.9 Time of taking leave

7.1.10 Leave allowed before due date

7.1.11 Proportionate leave on termination

7.1.12 Annual close down

7.2 Personal leave [PR964989]

7.2.1 Definitions

7.2.2 Amount of paid personal leave

7.2.3 Accumulation of personal leave

7.2.4 The effect of workers’ compensation

7.2.5 Broken service

7.2.6 Personal leave for personal injury or sickness

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

7.2.8 Employee must give notice

7.2.9 Evidence supporting claim

7.2.10 Single day absences

7.2.11 Unpaid personal leave

7.2A Bereavement leave [PR964989]

7.2A.1 Paid leave entitlement

7.2A.2 Unpaid leave

7.3 Jury service

7.4 Parental leave [PR964989]

7.4.1 Definitions

7.4.2 Basic entitlement

7.4.3 Variation of period of parental leave

7.4.4 Right to request

7.4.5 Maternity leave

7.4.6 Paternity leave

7.4.7 Adoption leave

7.4.8 Parental leave and other entitlements

7.4.9 Transfer to a safe job

7.4.10 Returning to work after a period of parental leave

7.4.11 Replacement employees

7.4.12 Communication during parental leave

7.5 Public holidays [Q2704]

7.5.1 Prescribed holidays

7.5.2 Payment for time worked on a public holidays

7.5.3 Effect on payment for holidays if absent on working day before or after

7.5.4 Rostered day off falling on public holiday

7.5.5 Public holidays falling within a period of annual leave

Schedules

Schedule A - Industries covered by award
Schedule B - Persons, organisations, industries and employers exempted from coverage [PR954297]
Schedule C - Provisions applicable to specific industry sectors, enterprises, projects or geographical areas [PR983703]
Schedule D - Classification definitions [PR965978]
Schedule E - Employers bound by award
Schedule F - Bernafon Australia Pty Ltd [Q2704]

1.3 ANTI-DISCRIMINATION

Summary

This clause states the intention of the parties to help to prevent and eliminate discrimination at the enterprise.

1.3.1 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 (the Act) through respecting and valuing the diversity of the workforce 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.

1.3.2 Accordingly, in fulfilling their obligations under the Dispute Resolution 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.

1.3.3 Nothing in this clause is to be taken to affect:

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

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

1.3.3(c) 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;

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

1.4 DEFINITIONS

[Pt I:Pt 1:1.4.1 varied by PR955055 ppc 17Jan05]

1.4.1 “Adult Apprentice” means a person of 21 years of age or over at the time of entering into an indenture or contract of training as provided for in subclause 4.2.6

1.4.2 “Confined Space” means a compartment, space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position, or without proper ventilation and subject thereto includes the following spaces:

[Pt I:Pt 1:1.4.1(a) renumbered as 1.4.2(a) by Q2704 from 01Jul98]

1.4.2(a) In the case of a ship, inside complete tanks, chain lockers and peaks, under engine beds, under engine room and stockhold floors, or under or inside boilers;

[Pt I:Pt 1:1.4.1(b) renumbered as 1.4.2(b) by Q2704 from 01Jul98]

1.4.2(b) In other cases, inside boilers, steam drums, mud drums, fire boxes of vertical or road vehicle boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, superheaters or economisers.

1.4.3 “Engineering Streams” are the three broad engineering streams recognised within the classification definitions set out in Schedule D, namely: Electrical/electronic; fabrication; and mechanical. Additionally, there are five vocational fields (as defined). Entry to training in any engineering stream is not conditional on union membership. The streams are defined as:

1.4.3(a) “Electrical/electronic stream” includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all electrical and electronic devices systems, equipment and controls, eg, electrical wiring, motors, generators, PLC's and other electronic controls, instruments, refrigeration, telecommunications, radio and television, communication and information processing.

1.4.3(b) “Mechanical stream” includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all mechanical equipment, machinery, fluid power systems, automotive mechanics, instruments, refrigeration, and the use of related computer controlled equipment, eg, Computer Numeric Controlled machine tools.

1.4.3(c) “Fabrication stream” includes fabrication, forging, carpentry, plumbing, founding, structural steel erection, electroplating, metal spinning, metal polishing, sheet metal work and the use of related computer controlled equipment. This includes fabrication in all metals, plastics, carbon fibre, composite materials, ceramics and other materials.

1.4.4 “New construction work on a multi-storey building” means work performed under Part I of this award on a building construction site in connection with the construction of a multi-storey building in the course of erection. However, it does not include work associated with the installation of internal blinds, curtains, moveable furniture and the like.

For the purposes of this definition a “Multi-storey building” means a building of three or more floors (including the ground floor) above the lowest adjacent street level the principle purposes of which are:

To store or sell stock of goods and/or vehicles; or

To house persons for purposes of work or entertainment or residence; or

To contain plant, equipment or machinery.

It does not include structures which are primarily civil or mechanical engineering structures, or installations, such as power stations, grain elevators and silos, oil refineries, wharves, jetties, piers, bridges, or pipelines, water storage towers, or the like.

1.4.5 “Ship Repairs” means:

1.4.5(a) All repair work done on ships;

1.4.5(b) All work other than the making of spare parts and stores done in a workshop used for ship repairs only; or

1.4.5(c) Work done in a workshop used for ship repairing, general engineering, metal moulding, steel construction and other heavy metal fabrication on which employees are engaged both on the ship and in the workshop.

1.4.6 “The Radio Industry” means the industries and trades which are concerned with the manufacture, erection, installation, repair and maintenance of any form of electronic and/or telecommunication equipment, apparatus, appliance or device, and "radio" has a corresponding meaning.

1.4.7 “Vocational Fields” are the five vocational fields recognised within the classification structure of this Award, namely: trade; technical; engineering/production; supervisor/trainer/coordinator; and professional. The fields are defined as:

[Pt I:Pt 1:1.4.7(a) substituted by PR949880 ppc 15Jul04]

1.4.7(a) “Trade” includes an employee who possesses as a minimum qualification a trade certificate in any of the engineering streams or Cerfiticate IV in Engineering including Higher Engineering Trades or Special Class Trades (as defined).

1.4.7(b) “Technical Field” includes:

(i) Production planning, including scheduling, work study, and estimating materials, handling systems and like work.

(ii) Technical including inspection, quality control, supplier evaluation, laboratory, non- destructive testing, technical purchasing, and design and development work (prototypes, models, specifications) in both product and process areas and like work.

(iii) Design and draughting and like work.

1.4.7(c) “Engineering/Production Field” includes employees primarily engaged in production work including production, distribution, stores and warehousing, but does not require a qualification in the trade, technical, professional or supervisory fields.

1.4.7(d) “Supervisor/Trainer/Coordinator Field” includes employees who are:

(i) Responsible for the work of other employees and/or provision of on-the-job training including coordination and/or technical guidance; or

(ii) Responsible for supervision and/or training of other supervisors or trainers; or

(iii) Responsible primarily for the exercise of technical skills, as defined, up to the level of their skill and competence and who are additionally involved in the supervision/training of other employees.

1.4.7(e) “Professional Field” includes an employee who possesses an academic qualification which enables that employee to become a graduate member of the Institute of Engineers, Australia or an academic qualification in science set out in the Academic Schedule appearing in the Metal Industry Award 1976 Part IV - Professional Scientists.

1.5 COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION

Summary

This clause identifies the commencement date of the award and its period of operation. It should be noted that by virtue of s.148 of the Act the award continues in force after its expiry date until a new award is made dealing with the same matters.

This award comes into force on and from the beginning of the first full pay period to commence on or after 1 July 1998 and shall remain in force for a period of twelve months.

1.6 COVERAGE OF AWARD

Summary

This clause identifies the geographical and industry coverage of the award. It should be noted that coverage of the award extends to every operation, process, duty and function carried on or performed in or in connection with or incidental to any of the industries in Schedule A.

1.6.1 This award shall apply throughout the Commonwealth of Australia, except in the State of Western Australia, the Northern Territory and the Australian Capital Territory.

1.6.2 Subject to the exemptions and exceptions prescribed in Schedule B of this award, the industries covered by this award are the metal working and engineering and fabricating industries, and all allied industries including those industries referred to in Schedule A. Coverage of the award extends to every operation, process, duty and function carried on or performed in or in connection with or incidental to any of the foregoing industries.

1.7 PARTIES BOUND

Summary

This clause identifies the parties bound by the award and who the award applies to.

This award is binding upon:

1.7.1 Other than in Queensland:

1.7.1(a) The following organisations and their members:

(i) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;

(ii) The Australian Workers' Union;

(iii) Australian Liquor, Hospitality and Miscellaneous Workers' Union;

(iv) Construction, Forestry, Mining and Energy Union;

(v) Communications, Electrical, Electronics, Postal, Information, Plumbing and Allied Services Union;

(vi) National Union of Workers.

[Pt I:Pt 1:1.7.1(b) substituted by PR906395 ppc 27Jul01]

1.7.1(b) Australian Industry Group (Ai Group), Engineering Employers Association, South Australia; Metal Industries Association, Tasmania and members of these organisations of employers.

1.7.1(c) The employers listed in Schedule E.

1.7.2 In Queensland:

[Pt I:Pt 1:1.7.2(a) substituted by PR906395 ppc 27Jul01]

1.7.2(a) Australian Industry Group (Ai Group) and its members.

1.7.2(b) The organisations of employees listed in 1.7.1(a) and their members.

1.7.3 This award applies to all employees who are members or eligible to be members of the organisations listed in 1.7.1(a) who are engaged in any of the classifications, occupations, industries or callings specified in this award in Clause 5.1 and Schedule A and who are employed by employers bound by this award.

1.8 PERSONS, ORGANISATIONS, INDUSTRIES AND EMPLOYERS EXEMPTED FROM COVERAGE

The persons, organisations, industries and employers exempted from the coverage of this award are prescribed in Schedule B.

1.9 RELATIONSHIP WITH OTHER AWARDS

Summary

This clause describes how the award relates to other specified awards.

1.9.1 This award wholly supersedes the Metal Industry Award 1984 - Part I but no right obligation or liability accrued or incurred under that award or variations to it shall be affected by such supersession.

[Pt I:Pt 1:1.9.2 subsituted by Q2527 from 30Jun98]

1.9.2 This award shall be read in conjunction with other relevant awards such as the Metal Industry (Superannuation) Award 1989 [M0309] and also in conjunction with Part IV-Long Service Leave.

PART 2 - ENTERPRISE FLEXIBILITY

SUMMARY

These clauses provide for how the award may be varied in order to meet the particular needs of an enterprise.

2.1 ENTERPRISE FLEXIBILITY

(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:

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

2.1.2 For the purpose of the consultative process the employees may nominate the Union or Unions bound by this award, or other representative, to represent them.

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

2.2 FACILITATIVE PROVISIONS

2.2.1 Agreement to vary award provisions

2.2.1(a) This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in 2.2.2, 2.2.3 and 2.2.4.

2.2.1(b) The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.

2.2.2 Facilitation by individual agreement

[Pt I:Pt 2:2.2.2(a) corrected by Q2704 from 01Jul98; varied by PR901028 ppc 01Mar01 for Part I; PR901028 varied by PR903178 ppc 16Apr01 re Parts II, III, V and VI]

2.2.2(a) The following facilitative provisions can be utilised upon agreement between employer and an employee provided that the agreement complies with clause 2.2.2(b), (c)(i) and (ii):,

2.2.2(b) The agreement reached must be recorded in the time and wage record kept by the employer in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.

2.2.2(c)(i) If an employee is a member of a union bound by the award, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions.

(ii) The union must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements.

2.2.3 Facilitation by majority or individual agreement

[Pt I:Pt 2:2.2.3(a) varied by PR901028 ppc 01Jun01]

2.2.3(a) Subject to paragraphs (b) and (c) of this subclause, the following facilitative provisions can be utilised upon agreement between the employer and the majority of employees in the workplace or a section or sections of it OR, the employer and an individual employee.

2.2.3(b) Majority Agreement

Where agreement has been reached with the majority of employees in the workplace or a section or sections of it to implement a facilitative provision in 2.2.3(a), the employer may not implement that agreement unless:

(i) it complies with 2.2.2(b), 2.2.2(c) and where specified 2.2.5; and

(ii) agreement has been reached with each individual employee to be covered by the facilitative provision.

2.2.3(c) Individual Agreement

Where no agreement has been sought by the employer with the majority of employees in accordance with 2.2.3(b), the employer may seek to reach agreement with individual employees in the workplace, and such agreement will be binding on individual employees provided it complies with 2.2.2(b) and (c) and provided that the agreement is only with an individual employee or a number of individuals less than the majority in the workplace or a section or sections of it.

2.2.4 Facilitation by Majority Agreement

2.2.4(a) The Following facilitative provisions may only be utilised upon agreement between the employer and the majority of employees in the workplace or a section or sections of it.

2.2.4(b) Where agreement has been reached with the majority of employees in the workplace, or a section or sections of it, to implement a facilitative provision in 2.2.4(a), that agreement shall be binding on all such employees, provided the requirements of 2.2.2(b), 2.2.2(c) and where specified 2.2.5 have been met.

2.2.5 Additional Safeguard

[Pt I:Pt 2:2.2.5(a) corrected by Q2704 from 01Jul98]

2.2.5(a) An additional safeguard applies to:

[Pt I:Pt 2:2.2.5(b) varied by PR955055 ppc 17Jan05]

2.2.5(b) The additional safeguard requires that the unions which are party to the award and which have members employed at an enterprise covered by the award shall be informed by the employer of the intention to use the facilitative provision and shall be given a reasonable opportunity to participate in the negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

2.2.6 Majority vote at the initiation of the employer

A vote of employees in the workplace, or a section or sections of it, taken in accordance with 2.2.3 or 2.2.4, to determine if there is majority employee support for implementation of a facilitative provision, will be of no effect, unless taken with the agreement of the employer.

2.2.7 Dispute over facilitation

In the event that a dispute or difficulty arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with the dispute resolution procedure in clause 3.2

PART 3 - CONSULTATION AND DISPUTE RESOLUTION
3.1 CONSULTATIVE MECHANISM AND PROCEDURES

[Pt I:Pt 3:3.1 renumbered as 3.1.1 by Q2704 from 01Jul98]

3.1.1 At each enterprise covered by this award the employer and employees and, if appropriate an appropriate representative including a trade union bound by this award, may establish a mechanism and procedures which enables them to communicate and consult about matters arising out of this award, in particular clauses 2.1, 2.2 and 5.2 which they agree would assist in achieving and maintaining co-operative workplace relations and mutually beneficial work practices.

3.1.2 The employer shall permit a notice board to be erected in the plant, or each part of a plant, to facilitate communication between employees and/or their union representatives.

3.2 DISPUTE RESOLUTION PROCEDURE

Summary

Each enterprise must establish a procedure to avoid or resolve disputes.

3.2.1 A procedure for the avoidance or resolution of disputes will apply in all enterprises covered by this Award. The mechanism and procedures for resolving industrial disputes will include, but not be limited to, the following:

[Pt I:Pt 3:3.2.1(a) corrected by Q2704 from 01Jul98]

3.2.1(a) The employee/s concerned will first meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including a shop steward or delegate of their union.

Subject to 3.2.2 and 3.2.3 where the shop steward or delegate is involved he/she shall be allowed the necessary time during working hours to interview the employee(s) and the supervisor.

3.2.1(b) If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may invite a union official to be involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs.

The shop steward or delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited Union Officials of the Union to which they belong.

3.2.1(c) If the matter remains unresolved, the employer may refer it to a more senior level of management or to a more senior national officer within the employer organisation. The employee may invite a more senior union official to be involved in the discussions. In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter the parties shall jointly or individually refer the matter to the Australian Industrial Relations Commission for assistance in resolving the matter.

3.2.2 In order to facilitate the procedure in 3.2.1:

3.2.2(a) The party with the grievance must notify the other party at the earliest opportunity of the problem;

3.2.2(b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;

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

3.2.3 While the parties are attempting to resolve the matter the parties will continue to work in accordance with this award and their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health and safety. Subject to relevant provisions of any State or Territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.

3.2.4 Redundancy disputes

[Pt I:Pt 3:3.2.4 inserted by PR947664 from 08Jun04]

3.2.4(a) Subclauses 3.2.4(b) and 3.2.4(c) 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 on the day the dispute arises.

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

the reasons for any proposed redundancy;

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

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

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

3.2.5 Dispute Resolution Procedure Training Leave

[Pt I:Pt 3:3.2.4 inserted by PR906395 ppc 27Jul01; renumbered as 3.2.5 by PR947664 from 08Jun04]

3.2.5(a) Subject to clause 3.2.4(h), an eligible employee representative will be entitled to, and the employer will grant, up to five days training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this Award and with the Workplace Relations Act 1996, or with any relevant certified agreement which provides it is to be read in conjunction with this Award.

3.2.5(b) An employee representative or the relevant union shall give the employer six weeks of notice of the employee representative’s intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

3.2.5(c) The notice to the employer shall include details of the type, content and duration of the course to be attended.

3.2.5(d) The taking of such leave shall be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

3.2.5(e) An employee representative taking such leave shall be paid all ordinary time earnings which normally become due and payable during the period of leave, to be calculated in accordance with clause 7.1.3(a) of this Award.

3.2.5(f) Leave of absence granted pursuant to this clause shall count as service for all purposes of this Award.

3.2.5(g) A dispute in relation to:

3.2.5(g)(i) the granting of leave to an employee for the purpose of attending a course which is not an agreed course, or not a course approved by agreement between a relevant employee organisation mentioned in clause 1.7.1(a) and one or more of the employer organisations mentioned in clause 1.7.1(b); or,

3.2.5(g)(ii) an alleged inability to make adequate staffing arrangements to meet the operational requirements of the employer;

shall be resolved in accordance with the procedure set out in this clause provided that the procedure can be activated for this purpose either by any such organisation of employees or by the employer concerned, or a registered organisation of employers bound by this Award, of which the employer who is in dispute is a member.

The dispute resolution procedure is activated when the employer advises the employee representative or the relevant union that the employer will not or may not grant the leave. If the dispute resolution procedure is not so activated by or on behalf of the relevant employer within seven days of the receipt of the notice of intention to attend the course and take leave, the leave is to be granted.

3.2.5(h) For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative:

3.2.5(h)(i) is a shop steward; a delegate; or an employee representative duly elected or appointed by the employees in a workplace generally or collectively for all or part of a workplace pursuant to clause 3.2.1(a) for the purpose of representing those employees in the dispute resolution procedure; who,

3.2.5(h)(ii) is within the class and number of representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:

Provided that if the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year shall be resolved by agreement between those entitled, or if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.

For purposes of applying the quota table employees employed by the employer in enterprise or workplace are employees covered by the Award, employed by the eligible employee representative’s employer who are full-time, part-time or fixed-term employees, or casual employees with six months or more service; being employees engaged in the enterprise or workplace to which the procedure established under clause 3.2.1 applies; or if no such procedure is established for a readily identifiable enterprise or workplace, being employees engaged by the employer in the employment covered by the Award.

3.2.5(i) Without limiting the generality of courses that may qualify for purposes of clause 3.2.4(a), a course directed at the enhancement of the operation of the dispute resolution procedures includes a course relating to that subject matter which is a course:

3.2.5(i)(i) agreed between the employer and the relevant eligible employee representative, or,

3.2.5(i)(ii) approved jointly by one or more of the organisations of employees listed in clause 1.7.1(a) with one or more of the organisations of employers listed in clause 1.7.1(b).

PART 4 - EMPLOYMENT RELATIONSHIP
4.1 EMPLOYER AND EMPLOYEE DUTIES

Summary

An employee has certain obligations to carry out duties as directed. Any direction by the employer must be consistent with a safe and healthy work environment.

4.1.1 An employer may direct an employee to carry out such duties as are within the limits of the employee's skills, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

4.1.2 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

4.1.3 Any direction issued by an employer under this clause is to be consistent with the employer's responsibilities to provide a safe and healthy working environment.

4.2 EMPLOYMENT CATEGORIES

Summary

This clause describes the various categories of employment under this award.

4.2.1 Probationary Employment

4.2.1(a) An employer may initially engage a full-time or part-time employee for a period of probationary employment for the purpose of determining the employee's suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which can be up to but not exceed three months.

4.2.1(b) A probationary employee is for all purposes of the award a full-time or part-time employee.

4.2.1(c) Probationary employment forms part of an employee's period of continuous service for all purposes of the award, except where otherwise specified in this award.

4.2.2 Full-time Employment

Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award.

4.2.3 Casual Employment

[Pt I:Pt 4:4.2.3 substituted by PR901028 ppc 01Mar01 for Part I (Note: By way of clarification, for the purposes of clause 4.2.3, service under this Award prior to June 2001 shall be taken into account); varied by PR903178 ppc 16Apr01 for Parts II, III, V and VI]

4.2.3(a) A casual employee is to be one engaged and paid as such. A casual employee for working ordinary time shall be paid an hourly rate calculated on the basis of one thirty-eighth of the weekly award wage prescribed in clause 5.1 for the work being performed plus a casual loading of 25 per cent. The loading constitutes part of the casual employee’s all purpose rate.

[Pt I:Pt 4:4.2.3(b) inserted by PR901028 ppc 01Jun01 for Part I (Note: In respect of a casual employee who, as at 1 June 2001, has already reached the period of six months set out in clause 4.2.3(b)(i), the reference in clause 4.2.3(b)(ii) to “within four weeks of the employee having attained such period of six months” shall be read as “by 29 June 2001”.)]

4.2.3(b)(i) A casual employee, other than an irregular casual employee as defined in clause 4.2.3(f), who has been engaged by a particular employer for a sequence of periods of employment under this Award during a period of six months shall thereafter have the right to elect to have his or her contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.

4.2.3(b)(ii) Every employer of such an employee shall give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of six months.

The employee retains his or her right of election under this clause if the employer fails to comply with this paragraph.

[Pt I:Pt 4:4.2.3(b)(iii) varied by PR903178 from 04Apr01]

4.2.3(b)(iii) Any such casual employee who does not within four weeks of receiving written notice elect to convert his or her contract of employment to a full-time employment or a part-time employment will be deemed to have elected against any such conversion.

[Pt I:Pt 4:4.2.3(b)(iv) varied by PR903178 from 04Apr01]

4.2.3(b)(iv) Any casual employee who has a right to elect under clause 4.2.3(b)(i), upon receiving notice under clause 4.2.3(b)(ii) or after the expiry of the time for giving such notice, may give four weeks notice in writing to the employer that he or she seeks to elect to convert his or her contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer shall consent to or refuse the election but shall not unreasonably so refuse. Any dispute about a refusal of an election to convert a contract of employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

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

4.2.3(b)(vi) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with clause 4.2.3(b)(iv), the employer and employee in accordance with this subparagraph, and subject to clause 4.2.3(b)(iv), shall discuss and agree upon:

(1) which form of employment the employee will convert to, that is, full-time or part-time; and

(2) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked, as set out in clause 4.2.4.

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

Following such agreement being reached, the employee shall convert to full-time or part-time employment.

Where, in accordance with clause 4.2.3(b)(iv) an employer refuses an election to convert, the reasons for doing so shall be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

4.2.3(b)(vii) Subject to clause 2.2.3 of the Award, by agreement between the employer and the majority of the employees in the relevant workplace, or section of it, or with the casual employee concerned, the employer may apply clause (i) as if the reference to six months is a reference to 12 months, but only in respect of a currently engaged individual employee or group of employees. Any such agreement shall be recorded in the time and wages records. Any such agreement reached with an individual employee may only be reached within the two months prior to the period of six months referred to in clause (i).

[Pt I:Pt 4:4.2.3(c) inserted by PR901028 ppc 01Mar01 for Part I; PR901028 varied by PR903178 ppc 16Apr01 re Parts II, III, V and VI]

4.2.3(c)(i) An employer when engaging a person for casual employment must inform the employee then and there that the employee is to be employed as a casual, stating by whom the employee is employed, the job to be performed and the classification level, the actual or likely number of hours required, and the relevant rate of pay.

4.2.3(c)(ii) The employer shall give to a casual employee who has been engaged for one or more periods of employment extending over three or more weeks in any calendar month, and whose employment is or is likely to be ongoing, a note in writing signed by or on behalf of the employer stating:

(1) the name and address of the employer;

(2) if the employee has been engaged by the employer to perform work on hire to another person or company or is regularly engaged to perform work on hire to other persons or companies, a statement to that effect.

(3) the job to be performed and the classification level on which the employee has been or is likely to be engaged;

(4) as far as practicable, the terms of the current engagement, including the likely number and likely pattern of hours required to be worked, the casual rate or other loading applied and the base rate of pay on which the loading is applied;

(5) the contingency on which the engagement expires, or the notice, if any, that will be given to terminate any ongoing employment;

4.2.3(c)(iii) It shall be sufficient compliance with clause (c)(ii) if the employer gives such a note in writing upon or following the first occasion on which the casual employee has been so engaged for a period or periods extending over three or more weeks in any calendar month.

[Pt I:Pt 4:4.2.3(d) inserted by PR901028 ppc 01Mar01 for Part I; PR901028 varied by PR903178 ppc 16Apr01 re Parts II, III, V and VI]

4.2.3(d)(i) On each occasion a casual employee is required to attend work the employee is entitled to payment for a minimum of four hours work.

4.2.3(d)(ii) In order to meet his or her personal circumstances a casual employee may request and the employer may agree to an engagement for less than the minimum of four hours. Any dispute about a refusal to such a request is to be dealt with as far as practicable with expedition through the dispute settlement procedure.

[Pt I:Pt 4:4.2.3(e) inserted by PR901028 from 09Feb01 for Part I (Note: Upon coming into force, Pt I:Pt 4:4.2.3(e) will be read as applying to existing award obligations and entitlements and to any prospective obligation or entitlement which will come into force under this order.); PR903178 from 04Apr01 re Parts II, III, V and VI]

4.2.3(e) An employee must not be engaged and re-engaged to avoid any obligation under this Award.

[Pt I:Pt 4:4.2.3(f) inserted by PR901028 ppc 01Jun01]

4.2.3(f)(i) An “irregular casual employee” is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

4.2.3(f)(ii) The provisions of clause 4.2.3(b) do not apply to irregular casual employees.

4.2.3(g) Caring responsibilities

[Pt I:Pt 4:4.2.3(g) inserted by PR964989 ppc 11Nov05]

4.2.3(g)(i) Subject to the evidentiary and notice requirements in 7.2.8 and 7.2.9 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.

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

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

4.2.4 Part-time Employment

[Pt I:Pt 4:4.2.4(a) substituted by PR901028 ppc 01Mar01 for Part I; PR901028 varied by PR903178 ppc 16Apr01 re Parts II, III, V and VI]

4.2.4(a)(i) An employee may be engaged to work on a part-time basis involving a regular pattern of hours which shall average less than 38 hours per week.

4.2.4(a)(ii) A part-time employee must be engaged for a minimum of three consecutive hours a shift.

4.2.4(a)(iii) In order to meet his or her personal circumstances a part-time employee may request and the employer may agree to an engagement for less than the minimum of three hours. Any dispute about a refusal to such a request is to be dealt with as far as practicable with expedition through the dispute settlement procedure.

4.2.4(b)(i) Before commencing part-time employment, the employee and employer must agree:

4.2.4(b)(i)(1) upon the hours to be worked by the employee, the days upon which they will be worked and the commencing and finishing times for the work;

4.2.4(b)(i)(2) upon the classification applying to the work to be performed in accordance with Clause 5.1 of this award;

4.2.4(b)(ii) Except as otherwise provided in this Award a part-time employee is entitled to be paid for the hours agreed upon in accordance which 4.2.4 (b)(i)(1).

4.2.4(b)(iii) The terms of this agreement may be varied by consent.

4.2.4(b)(iv) The terms of this agreement or any variation to it shall be in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.

4.2.4(c) The terms of this award shall apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.

4.2.4(d) Overtime

A part-time employee who is required by the employer to work in excess of the hours agreed upon in accordance with 4.2.4(b) (i) and (iii), shall be paid overtime in accordance with clause 6.4 of this award.

4.2.4(e) Public Holidays

Where the part-time employee's normal paid hours fall on a public holiday prescribed in clause 7.5 and work is not performed by the employee, such employee shall not lose pay for the day. Where the employee works on the holiday, such employee shall be paid in accordance with Clause 7.5 of this award.

4.2.5 Employment for a Specific Period of Time or a Specific Task or Tasks

4.2.5(a) An employee may be engaged on a full time or part time basis for a specific period of time or for specific task/s.

4.2.5(b) The details of the specific period of time or specific task/s shall be set out in writing and retained by the employer. The employer shall provide a copy to the employee.

4.2.5(c) An employee engaged in accordance with 4.2.5(a) is for all purposes of the award a full-time or part-time employee, except where otherwise specified in this award.

4.2.5(d) Service under a contract of employment for a specific period of time or specific task/s shall form part of an employee's period of continuous service, where such employee is engaged as a full-time or part-time employee immediately following such contract of employment.

4.2.6 Apprentices

4.2.6(a) The terms of this award will apply to apprentices, including adult apprentices, except where it is otherwise stated or where special provisions are stated to apply. Apprentices may be engaged in trades or occupations provided for in this clause where declared or recognised by an Apprenticeship Authority.

Subject to appropriate State legislation, an employer shall not employ an unapprenticed junior in a trade or occupation provided for in this clause.

4.2.6(b) Operation of State Laws

In any State in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.

[Pt I:Pt 4:4.2.6(c)(i) substituted by PR955055 ppc 17Jan05]

4.2.6(c)(i) Where it is consistent with State Legislation, an apprentice may be engaged under a Training Agreement or Contract of Training approved by the relevant State or Territory Authority, provided the qualification outcome specified in the Training Agreement or Contract of Training is consistent with that established for the vocation in the training package determined from time to time by the Manufacturing Industry Skills Council (MISC) or its successors and endorsed by the relevant Training Authority or, is consistent with the qualifications established for electrical vocations within the relevant electrical/utilities Training Package endorsed by the National Training Quality Council or its successor.

(ii) Subject to subclause 4.2.6(a) an apprenticeship may be undertaken in any of the following trades:

(1) Engineering Tradesperson (Mechanical)

(2) Engineering Tradesperson (Fabrication)

(3) Engineering Tradesperson (Electrical/Electronic)

[Pt I:Pt 4:4.2.6(c)(ii)(4) varied by PR949880; substituted by PR969026 ppc 06Mar06]

(4) Higher Engineering Tradesperson and Advanced Engineering Tradesperson

(A) The duration and pay for these apprenticeships are dealt with in clause 5.3.1.

(B) The classification on completion of a Higher Engineering Tradesperson apprenticeship will be as a minimum C10. Where the apprentice is offered employment at the completion of their apprenticeship and such employment is in the area of the apprenticeship training, such that they are exercising or will be required to exercise the skills and knowledge gained during their apprenticeship necessary for a C7 level of work they shall be classified at C7.

(C) The training program for each Higher Engineering Tradesperson apprentice is to be consistent with the minimum training requirement for the classification of C7 Special Class Tradesperson, as determined from time to time by the Manufacturing Industry Skills Council (MISC), and as endorsed by the National Training Quality Council. Each apprentice shall also complete the requirements for a trade certificate as defined in 4.2.6(c)(i), as part of the training program leading to the completion of the Certificate IV in Engineering.

(D) The training program for each Advanced Engineering Tradesperson apprentice is to be consistent with the minimum training requirement for the classification of C5 Advanced Engineering Tradesperson, as determined from time to time by the, Manufacturing Industry Skills Council (MISC), and as endorsed by the National Training Quality Council. Each apprentice shall also complete the requirements for a trade certificate as defined in 4.2.6(c)(i), and a Certificate IV in Engineering as part of the training program leading to the completion of the Diploma of Engineering.

4.2.6(d) Apprenticeship Authority shall mean:

[Pt I:Pt 4:4.2.6(d)(i) corrected by Q2704 from 01Jul98]

(i) In New South Wales the Commissioner of Vocational Training appointed under the Industrial and Commercial Training Act 1989, the Vocational Training Board constituted under the Act or the Industrial Relation Commission established by the Industrial Relations Act 1996.

(ii) In Victoria the State Training Board of Victoria.

[Pt I:Pt 4:4.2.6(d)(iii) corrected by Q2704 from 01Jul98]

(iii) In Queensland the State Training Council of the State of Queensland Vocational Education, Training and Employment Commission.

[Pt I:Pt 4:4.2.6(d)(iv) varied by PR955055 ppc 17Jan05]

(iv) In South Australia the Training and Skills Commission.

(v) In Tasmania the Training Authority of Tasmania.

4.2.6(e) In order to undertake trade training in accordance with 4.2.6(c) a person must be a party to a contract of apprenticeship or a training agreement in accordance with the requirements of the Apprenticeship Authority or State legislation. The employer shall provide and/or provide access to, training consistent with the contract or training agreement without loss of pay.

4.2.6(f) An Apprenticeship may be cancelled or suspended only in accordance with the requirements of the contract of apprenticeship or training agreement and the requirements of State legislation and the Apprenticeship Authority.

4.2.6(g) The probationary period of an apprentice shall be as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority and with State legislation but shall not exceed three months.

[Pt I:Pt 4:4.2.6(h) varied by PR955055 ppc 17Jan05]

4.2.6(h) Apprentices attending technical colleges or schools or registered training organisations or TAFE and presenting reports of satisfactory progress shall be reimbursed all fees paid by them.

4.2.6(i) Except as provided in this clause or where otherwise stated all conditions of employment specified in the Award shall apply to apprentices. Notice of termination and redundancy provisions shall not apply to apprentices. The ordinary hours of employment of apprentices shall not in each enterprise exceed those of the relevant tradesperson.

[Pt I:Pt 4:4.2.6(j) substituted by PR969026 ppc 06Mar06]

4.2.6(j)(i) Apprenticeships under this award are competency based. The actual time taken to complete an apprenticeship will therefore vary depending upon factors such as the intensity of training and the variety of work experience.

4.2.6(j)(ii) The nominal period of the apprenticeship shall be four years however this period may be varied as follows:

To make up for lost time as set out in 4.2.6(m); and/or

With the approval of the relevant State/Territory Apprenticeship Authority, to recognise prior learning including vocational education and training in school, pre-apprenticeship programs and other prior learning, the nominal period of the contact may be shortened to reflect the proportion of the competencies already acquired.

It may be extended by up to 6 months in stage 3 and 12 months in stage 4 in the advanced engineering tradesperson apprenticeship where required to complete the competencies.

4.2.6(j)(iii) Notwithstanding the nominal period, the apprenticeship shall be completed in a shorter period when:

the qualification specified in the Training Agreement is successfully completed; and

the apprentice has the necessary practical experience to achieve competency in the skills covered by the Training Agreement. The determination as to whether this condition has been met shall be by agreement between the Registered Training Organisation, the employer and the apprentice. Where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory Apprenticeship Authority for determination; and

the requirements of the relevant State/Territory Apprenticeship Authority and any requirements of the Manufacturing Industry Skills Council in respect to demonstration of competency and any minimum necessary work experience requirements are met; and

In respect to trades where there are additional licensing or regulatory requirements under State legislation, when these requirements are met.

4.2.6(j)(iv) The wage rates applying to apprenticeships based on competency based training progression are dealt with in clauses 5.3.1 and 5.3.2.

4.2.6(k) No apprentices under the age of 18 years shall be required to work overtime or shift work unless they so desire. No apprentice shall, except in emergency, work or be required to work overtime or shift work at times which would prevent their attendance in training consistent with the contract or training agreement.

4.2.6(l) No apprentice shall work under a system of payment by results.

4.2.6(m) Lost Time

Apprentices are required to serve an additional day for each day of absence during each year of their apprenticeship, except in respect of absences due to annual leave or long service leave. The following year of their apprenticeship does not commence until the additional days have been worked. However, any time that has been worked by the apprentice in excess of their ordinary hours shall be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.

4.2.6(n) Transition Provisions

Any person engaged as an apprentice at the date this award commenced operation shall be deemed to be an apprentice for all purposes of this award until the completion or cancellation of their apprenticeship contract.

4.2.7 School based apprentices

[Pt I:Pt 4:4.2.7 inserted by PR919699 ppc 06Jun02]

Definition

(a) This sub-clause applies to school based apprentices. A school based apprentice is a person who is undertaking an apprenticeship in accordance with this sub-clause while also undertaking a course of secondary education.

Wage rates

(b) The hourly rates for full-time junior and adult apprentices as set out in this award apply to school based apprentices for total hours worked including time deemed to be spent in off-the-job training.

(c) For the purposes of paragraph (b), where a school based apprentice is a full time school student, the time spent in off-the-job training for which the apprentice is paid is deemed to be 25 per cent of the actual hours each week worked on-the-job. The wages paid for training time may be averaged over the semester or year.

Off-the-job training

(d) A school based apprentice is allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

(e) For the purposes of this sub-clause, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on-the-job.

Duration of apprenticeship

(f) The duration of the apprenticeship shall be as specified in the training agreement or contract for each apprentice. The period so specified to which the apprentice wage rates apply shall not exceed six years.

Progression through wage structure

(g) School based apprentices progress through the wage scale at the rate of 12 months’ progression for each two years of employment as an apprentice.

(h) The rates of pay are based on a standard apprenticeship of four years. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school based apprentice undertaking the applicable apprenticeship.

Conversion from a school based to full time apprenticeship

(i) Where an apprentice converts from a school based to a full-time apprenticeship, all time spent as a full-time apprentice counts for the purposes of progression through the wage scale. This progression applies in addition to the progression achieved as a school based apprentice.

Award entitlements

(j) School based apprentices are entitled to pro rata entitlements available to employees covered by this award.

Exemptions

(k) Until further order of the Commission, this sub-clause does not apply to electrical, electronic, or plumbing apprentices (that is to say apprenticeships numbered 3, 5, 6, 14, 15, 32 and 36 in paragraph 4.2.6(c)(i)).

4.2.8 Trainees

[Pt I:Pt 4:4.2.7 renumbered as 4.2.8 and substituted by PR919699 ppc 06Jun02; varied by PR955055 ppc 17Jan05]

The parties to this Award shall observe the terms of the National Training Wage Award 2000, as amended.

4.2.9 Unapprenticed Juniors

[Pt I:Pt 4:4.2.8 renumbered as 4.2.9 and substituted by PR919699 ppc 06Jun02]

The terms of this award apply to unapprenticed juniors except where otherwise stated or where special provisions are stated to apply.

4.3 TERMINATION OF EMPLOYMENT

Summary

This clause describes certain rights and obligations of both employer and employees in circumstances where employment is terminated.

4.3.1 Notice of Termination by Employer

4.3.1(a) In order to terminate the employment of an employee the employer must give to the employee the following notice:

4.3.1(b) In addition to the notice in 4.3.1(a) employees over 45 years of age at the time of the giving of the notice with not less than two years service, are entitled to an additional week's notice.

4.3.1(c) Payment in lieu of the notice prescribed in 4.3.1(a) and (b) must be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

[Pt I:Pt 4:4.3.1(d) substituted by PR947664 from 08Jun04]

4.3.1(d) 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:

4.3.1(d)(i) the employee’s ordinary hours of work (even if not standard hours); and

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

4.3.1(d)(iii) any other amounts payable under the employee’s contract of employment.

[Pt I:Pt 4:4.3.1(e) substituted by PR947664 from 08Jun04]

4.3.1(e) the period of notice in this clause does not apply:

4.3.1(e)(i) in the case of dismissal for serious misconduct;

4.3.1(e)(ii) to apprentices;

4.3.1(e)(iii) to employees engaged for a specific period of time or for a specific task or tasks;

4.3.1(e)(iv) 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

4.3.1(e)(v) to casual employees.

[Pt I:Pt 4:4.3.1(e)(vi) inserted by PR955055 ppc 17Jan05]

4.3.1(e)(vi) Termination provisions for Apprentices are provided by the relevant State or Territory Training Authority.

4.3.1(f) For the purposes of this clause, service shall be calculated in the manner prescribed by subclause 7.1.5 - How to Calculate Leave.

4.3.2 Notice of Termination by Employee

[Pt I:Pt 4:4.3.2 renumbered as 4.3.2(a) by PR947664 from 08Jun04]

4.3.2(a) The notice of termination required to be given by an employee shall be the same as that required of an employer, except that there is no additional notice based on the age of the employee concerned.

[Pt I:Pt 4:4.3.2(b) inserted by PR947664 from 08Jun04]

4.3.2(b) If an employee fails to give the notice set out in 4.3.1(a) then 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 4.3.1(d).

4.3.3 Summary Dismissal

The employer has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this award are to be paid up to the time of dismissal only.

4.3.4 Job search entitlement

[Pt I:Pt 4:4.3.4 Time off during notice period title changed and varied by PR947664 from 08Jun04]

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

4.3.5 Transmission of business

[Pt I:Pt 4:4.3.5 inserted by PR947664 from 08Jun04]

Where a business is transmitted from one employer to another, as set out in clause 4.4 - 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.

4.4 REDUNDANCY

[Pt I:Pt 4:4.4 Severance Pay title changed by PR947664 from 08Jun04]

Summary
This clause describes certain rights and obligations of employers and employees in circumstances where an employer no longer requires a job to be done by anyone.

4.4.1 Definitions

[Pt I:Pt 4:4.4.1 substituted by PR947664 from 08Jun04]

4.4.1(a) Business includes trade, process, business or occupation and includes part of any such business.

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

4.4.1(c) Small employer means an employer which employs fewer than 15 employees.

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

4.4.1(e) 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.

4.4.2 Severance pay

[Pt I:Pt 4:4.4.2 substituted by PR947664 from 08Jun04]

4.4.2(a) Severance pay - other than employees of a small employer

An employee, other than an employee of a small employer, 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 4.4.1.

4.4.2(b) Severance pay - employees of a small employer

An employee of a small employer as defined in 4.4.1 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 4.4.1.

4.4.2(c) 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.

4.4.2(d) Continuity of service shall be calculated in the manner prescribed by 7.1.5. Provided that service prior to 8 June 2004 shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to 4.4.2(b).

4.4.2(e) 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].

4.4.3 Transmission of business

[Pt I:Pt 4:4.4.3 substituted by PR947664 from 08Jun04]

4.4.3(a) 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:

4.4.3(a)(i) 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

4.4.3(a)(ii) 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.

4.4.3(b) The Commission may vary 4.4.3(a)(ii) if it is satisfied that this provision would operate unfairly in a particular case.

4.4.4 Employees exempted

[Pt I:Pt 4:4.4.4 substituted by PR947664 from 08Jun04]

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;

casual employees; or

employees in New South Wales, Queensland and South Australia who are in receipt of the wage rates prescribed for metal trades employees engaged in on-site air conditioning work and on-site refrigeration work.

4.4.5 Incapacity to pay

[Pt I:Pt 4:4.4.5 substituted by PR947664 from 08Jun04]

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.

4.4.6 Alternative employment

[Pt I:Pt 4:4.4.6 substituted by PR947664 from 08Jun04]

4.4.6(a) 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.

4.4.6(b) This provision does not apply in circumstances involving transmission of business as set in 4.4.3.

4.4.7 Employee leaving during notice period

[Pt I:Pt 4:4.4.7 substituted by PR947664 from 08Jun04]

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in 4.3.1(a). 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.

4.4.8 Job search entitlement

[Pt I:Pt 4:4.4.8 Time off during notice period title changed by PR947664 from 08Jun04]

[Pt I:Pt 4:4.4.8(a) substituted by PR947664 from 08Jun04]

4.4.8(a) During the period of notice of termination given by the employer in accordance with 4.3.1(a), 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.

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

[Pt I:Pt 4:4.4.8(c) inserted by PR947664 from 08Jun04]

4.4.8(c) The job search entitlements under this subclause apply in lieu of the provisions of 4.3.4.

4.4.9 Transfer to Lower Paid Duties

[Pt I:Pt 4:4.4.9 inserted by Q2704 from 01Jul98]

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 time rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

4.5 ABSENCE FROM DUTY

Unless a provision of this award states otherwise (e.g. sick leave), an employee not attending for duty will lose their pay for the actual time of such non- attendance.

4.6 STANDING DOWN EMPLOYEES

Summary

The employer has the right to stand down an employee without pay in certain circumstances.

The employer has the right to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

4.7 ABANDONMENT OF EMPLOYMENT

Summary

This clause describes the circumstances which amount to abandonment of employment by an employee.

The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned their employment.

Provided that if within a period of 14 days from their last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of the employer that they were absent for reasonable cause, they shall be deemed to have abandoned their employment.

Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.

PART 5 -RATES OF PAY AND RELATED MATTERS
5.1 CLASSIFICATIONS AND RATES OF PAY

5.1.1 Rates of Pay for Adult Employees

5.1.1(a) Adult employees, other than those specified in 5.1.1(b), shall be entitled to receive the award rate of pay for the relevant classification as set out in the table in 5.1.1(c)

5.1.1(b) The following adult employees are not entitled to receive the award rate of pay set out in the table in 5.1.1(c):

Adult apprentices (refer to Clause 5.4);

Employees receiving a supported wage (refer to Clause 5.8);

Trainees (refer to Clause 5.6);

Employees in respect of whom a provision under Section 123 of the Workplace Relation Act 1996 is in force;

Employees of the companies set out in Clause 3.1 of Schedule C.

5.1.1(c) Schedule of Rates of Pay

[Pt I:Pt 5:5.1.1(c) substituted by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

5.1.1(d) Absorption of Safety Net Adjustments

[Pt I:Pt 5:5.1.1(d) substituted by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

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

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

5.1.1(e) Phasing in of Wage Rates of Employees without relevant Work Experience

An employee who possesses the appropriate level of academic qualifications and who otherwise meets the requirements of the relevant classification definition but who is without prior experience in the metal and engineering industry or other relevant work experience shall be paid in accordance with the following formula:

5.1.1(f) For the purposes of this clause, any entitlement to wages expressed to be by the week shall mean any entitlement which an employee would receive for performing 38 hours of work.

5.1.2 Classification Definitions And Skill Based Career Paths

The definitions of the classifications for each of the wage levels referred to in 5.1.1(c) are set out in Schedule D.

5.1.3 Procedure For Classifying Employees

[Pt I:Pt 5:5.1.3(a) corrected by Q2704; varied by PR955055 ppc 17Jan05]

5.1.3(a) The procedures for reclassifying employees under this award are set out in the National Metal and Engineering Competency Standards Implementation Guide distributed by the Manufacturing Industry Skills Council.

5.1.3(b) Without detracting from any of the processes set out in 5.1.3(e), any disputes in relation to classification or reclassification, including disputes relating to the terms of the National Metal and Engineering Competency Standards Implementation Guide, shall be handled in accordance with the Dispute Resolution Procedure in clause 3.2 of this Award.

5.1.3(c)(i) It shall be a term of the award that where there is agreement to implement the standards at the enterprise, or in the event that the classification of an employee is called into question, the issue shall be settled by the application of competency standards in accordance with this clause and the National Metal and Engineering Competency Standards Implementation Guide or by reference to the minimum training requirement in the relevant classification definition, except as provided in paragraphs (ii) (iii) and (iv) below.

(ii) Where the employee has a relevant qualification recognised as a minimum training requirement for the level at which the employee seeks to be classified and he/she is exercising or will be required to exercise the skills and knowledge gained from that qualification necessary for that level of work the employee shall be classified appropriately. It is up to the employer to demonstrate reasons for a qualification that is a recognised minimum training requirement not being regarded as relevant for an employee's work. Any disputes which cannot be resolved at the enterprise level over the application of this clause in the first instance are to be referred to the National Oversighting Committee prescribed in 5.1.3(e) (i) of this award.

(iii) Where skill standards have not been finalised in respect of any class of work, and this is necessary for determining an employee's classification, employees performing such work shall not be reclassified until such standards are available except as provided for in paragraphs (ii) and (iv) of this subclause.

[Pt I:Pt 5:5.1.3(c)(iv) corrected by Q2704 from 01Jul98]

(iv) Where the situation described in paragraph (iii) above applies, but not under any other circumstances, an employee may be reclassified on the basis that the employee meets the requirements of the classification definitions prescribed in Appendices G and H of the previous Metal Industry Award 1984 (the old classification definitions) or in respect of employees covered by the previous Metal Industry Award 1984 Parts II and V, the relevant provisions of the Metal Industry Award Restructuring Manual sections 6.2 and 10 and the definitions in the previous Metal Industry Award Part II.

(v) All employees engaged under the award at the relevant classification levels shall be subject to the metal and engineering competency standards.

5.1.3(d) Other provisions to be followed where competency standards are being implemented in an enterprise:

(i) Management and employee representatives responsible for oversighting the implementation of competency standards within enterprises shall be given access to briefing and/or training courses on the standards prior to implementation.

[Pt I:Pt 5:5.1.3(d)(ii) corrected by Q2704; varied by PR955055 ppc 17Jan05; corrected by PR955500 ppc 17Jan05]

(ii) Such briefings/training courses on the metal and engineering competency standards and Implementation Guide. These briefings/training courses can be either a joint briefing delivered by the parties or by one party with the approval of other relevant parties at the enterprise or an approved course delivered by a Manufacturing Industry Skills Council recognised provider with the approval of the relevant parties at the enterprise level shall be approved by the Manufacturing Industry Skills Council.

The above does not exclude the delivery of additional training or advice by the parties or the Manufacturing Industry Skills Council to enterprises.

5.1.3(e) Facilitation of Implementation

[Pt I:Pt 5:5.1.3(e)(i) corrected by Q2704; deleted by PR955055 ppc 17Jan05]

[Pt I:Pt 5:5.1.3(e)(ii) renumbered as 5.1.3(e)(i) by PR955055 ppc 17Jan05]

(i) A Board of Reference as set out in subclause 5.1.3(g) shall be established from time to time for the purpose of resolving any disputes or difficulty or likely dispute or difficulty in relation to the implementation of competency standards either at the industry or enterprise level.

[Pt I:Pt 5:5.1.3(e)(iii) renumbered as 5.1.3(e)(ii) by PR955055 ppc 17Jan05; corrected and substituted by PR956678 ppc 17Jan05]

(ii) If any problem arises in relation to implementation of the standards at the enterprise level, which cannot be resolved by the parties at that level, then it shall be referred to the Board of Reference as set out in subparagraph 5.1.3(e)(i).

Notwithstanding the above, the rights of any party to pursue whatever other course of action is available under the Workplace Relations Act 1996 remains available.

5.1.3(f) Points

The points to be assigned to the classification levels under the award shall be:

and in accordance with Table 2 in the National Metal and Engineering Competency Standards Implementation Guide.

5.1.3(g) Board of Reference - Competency Standards Implementation

(i) Notwithstanding the provisions of this clause, a Board of Reference shall be established from time to time for the purpose of resolving any dispute or difficulty or likely dispute or difficulty in relation to the implementation of competency standards either at the industry or enterprise level.

(ii) the Board shall be constituted by a Chairperson who shall be a member of the Australian Industrial Relations Commission and at least four other members two of whom are nominated by the MTFU and the other two nominated by the employer organisations respondent to the Award and representing the industrial interests of the employer.

(iii) In circumstances where the dispute or difficulty, or likely dispute or difficulty, affects the industrial interests of an organisation which is a party to this award the Chairperson shall take steps to:-

notify the organisation(s) which shall be entitled to be heard;

request the employer organisations to consult and determine their representative on the Board;

notify the National Secretary of the MTFU to consult with MTFU affiliates to determine the MTFU representative on the Board.

(iv) In determining MTFU representation to the Board the MTFU shall ensure that the union(s) which represent the employees in respect of whom the dispute or difficulty concerns shall be nominated to the Board.

(v) If the MTFU is unable to resolve who is to be represented on the board the Chairperson shall make a recommendation.

[Pt I:Pt 5:5.1.3(g)(vi) corrected by Q2704 from 01Jul98]

(vi) Any person nominated by the MTFU or employer organisations to sit on the Board of Reference shall be a person with organisational responsibilities associated with the implementation of competency standards.

(vii) Before proceedings commence, the Chairperson shall seek undertakings from the parties appearing before the Board that any decision, subject to the terms of the Act shall be final.

(viii) "MTFU" means the Metal Trades Federation of Unions.

5.1.4 Mixed Functions

An employee engaged for more than two hours during one day or shift on duties carrying a higher rate than his or her ordinary classification shall be paid the higher rate for such day or shift. If for two hours or less during one day or shift he or she shall be paid the higher rate for the time so worked.

5.1A TRANSITIONAL WAGE RATES FOR VICTORIA—APPLICATION OF COMMON RULE AWARD

[Pt 1:Pt 5:5.1A inserted by PR959867 ppc 07Jun05]

5.1A.1 Clause 5.1A of this award contains the transitional rates of pay and allowances for employers in the state of Victoria who were previously not bound by this award, but are now subject to the award by virtue of the award having been declared a common rule under s.141 of the Workplace Relations Act 1996.

5.1A.2 These transitional rates of pay and allowances shall not apply after the beginning of the first pay period commencing on or after 1 August 2005.

5.1A.3 Schedule of rates of pay (clause 5.1.1(c))

5.1A.4 Apprentice rates of pay (clause 5.3.1)

5.1A.5 Apprentice rates of pay (clause 5.4.3)

5.1A.6 Unapprenticed juniors (clause 5.5.1)

5.1A.7 Trainee rates of pay (clause 5.6.2(a))

5.1A.7(a) On completion of Skill Level A

5.1A.7(b) On completion of Skill Level B

5.1A.7(c) On completion of Skill Level C

Note 1: Insert appropriate classification rate as specified in clause 5.1 of the award.

5.1A.8 Allowances

5.1A.9 Unapprenticed juniors In foundries (Schedule C clause 3.2.2)

5.1A.10 Air conditioning industry—Queensland—workshop tradesperson (Level C10) (Schedule C clause 3.3.3)

5.1A.11 Air conditioning industry—Queensland—other adult classifications (Schedule C clause 3.3.4)

5.1A.12 Air conditioning industry—Queensland—apprentices (Schedule C clause 3.3.5)

5.1A.13 Air conditioning industry—South Australia—Workshop tradesperson (Level C10) (Schedule C clause 3.4.3)

5.1A.14 Air conditioning industry—South Australia—Other adult classifications (Schedule C clause 3.4.4)

5.1A.15 Air conditioning industry—South Australia—Apprentices (Schedule C clause 3.4.5)

5.1A.16 Allowances (Schedule C clauses 4–10)

5.2 TRAINING

5.2.1 Following proper consultation in accordance with clause 3.1, which may include the establishment of a training committee, an employer shall develop a training program consistent with:

the current and future skill needs of the enterprise;

the size, structure and nature of the operations of the enterprise;

the need to develop vocational skills relevant to the enterprise and the industry through courses conducted by accredited institutions and providers.

5.2.2 Where it is agreed that a training committee be established it shall include employer and employee representatives. The role of the training committee shall be clearly set out and shall include:

formulating a training program including available training courses and career opportunities;

recommending individual employees for training and reclassification; and

monitoring and advising management and employees regarding the on-going effectiveness of the training.

5.2.3

5.2.3(a) Where as a result of the consultation referred to at sub-clause 5.2.1, including with the employee concerned, it is agreed that additional training should be undertaken by an employee, that training may be undertaken either on or off the job. If the training is undertaken during ordinary working hours, the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave. This shall not prevent the employer and employee(s) agreeing to paid leave for other relevant training.

5.2.3(b) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement may be on an annual basis subject to the presentation of reports of satisfactory progress.

5.2.3(c) Travel costs incurred by an employee undertaking training in accordance with this subclause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.

5.3 APPRENTICE RATES OF PAY

[Pt I:Pt 5:5.3.1 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867; substituted by PR969026 ppc 06Mar06]

5.3.1 Apprentice Rates of Pay

Except as provided for in clause 5.4 adult apprentices the minimum weekly and hourly wage rates for apprentices shall be set out in the following tables. Progression through the stages set out in this table shall be in accordance with clause 5.3.2.

5.3.1(a) Relevant attribute of person at the time of entering into an indenture or contract of training as an apprentice

This table shall apply to higher engineering trade apprentices and advanced engineering trade apprentices except that in stage 4 higher engineering trade apprentices shall receive a minimum rate of 88% of C7 and advanced engineering trade apprentices shall receive a minimum of 88% of C5 in stage 4.

5.3.1(b) The rates in the table in 5.3.1(a) are established on the following basis.

5.3.1(c) Phasing in of New Wage Rates for First Year Apprentices who have Completed Year 12

First Year apprentices who were employed as at 6 March 2006 and who have completed Year 12 shall be entitled to the following rates of pay in lieu of the rate set out in Column 3 for Stage 1:

The above rates shall only apply while the person remains a first year apprentice.

5.3.2 Apprentice Rates – Competency Based Progression

[new Pt I:Pt 5:5.3.2 inserted by PR969026 ppc 06Mar06]

The wage rates for each stage of the apprenticeship are set out in clause 5.3.1 above. The conditions for progression to each stage are set out in the following table.

5.3.2(a) Engineering Trades Person

Where the training plan provides for the completion of a relevant AQF 3 qualification:

5.3.2(b) Higher Engineering Tradesperson

Where the training plan provides for the completion of a relevant AQF 4 qualification:

5.3.2(c) Advanced Engineering Tradesperson

Where the training plan provides for the completion of a relevant AQF 5 qualification:

* Subject to clause 4.2.6(m) – Lost Time.

An apprentice who completes a Diploma of Engineering Qualification and where the qualification is relevant to the employment he or she shall be paid 95% of the C5 rate in the first year after completion of the apprenticeship and subsequently at the C5 rate.

[Pt I:Pt 5:5.3.2 renumbered as 5.3.3 by PR969026 ppc 06Mar06]

5.3.3 See 5.1.1(d) for the criteria regarding absorption of safety net adjustments.

[Pt I:Pt 5:5.3.3 renumbered as 5.3.4 by PR969026 ppc 06Mar06]

5.3.4 An employee who is under 21 years of age on the expiration of his or her apprenticeship and thereafter works as a minor in the occupation to which he or she has been apprenticed shall be paid at not less than the adult rate prescribed for the classification.

5.4 ADULT APPRENTICE RATES OF PAY

[Pt I:Pt 5:5.4.1 substituted by PR955055 ppc 17Jan05]

5.4.1 Where a person was employed by an employer under this award immediately prior to entering into a Contract of Training or Training Agreement as an adult apprentice with that employer, such person shall not suffer a reduction in the rate of pay by virtue of entering into a Contract of Training or Training Agreement.

5.4.2 For the purpose only of fixing a rate of pay the adult apprentice shall continue to receive the rate of pay that applies to the classification or class of work specified in clause 5.1 in which the adult apprentice was engaged immediately prior to entering into the contract of indenture.

[Pt I:Pt 5:5.4.3 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05; substituted by PR969026 ppc 06Mar06]

5.4.3 Subject to clauses 5.4.1 and 5.4.2, the minimum rate of pay of an adult apprentice shall be as set out in Column 4 of the table in clause 5.3.1(a).

5.4.4 The rates appearing in the table in 5.4.3 are payable from the date specified therein. Any increase in wage rates resulting from these adjustments may be offset to the extent of any existing overaward payment.

5.4.5 The rates prescribed in the table in 5.4.3 are based on the following Metal, Engineering and Associated Industries Award, 1998 classifications except where indicated:

5.5 UNAPPRENTICED JUNIOR RATES OF PAY

Except as provided for in sub-clause 3.2.2 of Schedule C, (juniors in foundries) the minimum weekly wage rates for unapprenticed juniors, shall be:

5.5.1 Unapprenticed Juniors

[Pt I:Pt 5:5.5.1 substituted by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

[Pt I:Pt 5:5.5.2 corrected by Q2704 from 01Jul98]

5.5.2 In accordance with the decision of the Commission in Print P1371, the wage rates in the table in sub-clause 5.5.1 and the table in sub-clause 3.2.2 of Schedule C incorporate four phased adjustments. Any increase in wage rates resulting from these adjustments may be offset to the extent of any existing overaward payment.

5.5.3 See 5.1.1(d) for the criteria regarding absorption of safety net adjustments.

5.5.4 Juniors engaged on certain operations are entitled to receive the adult award rate. The relevant operations (and phasing arrangements for this provision) are set out in paragraph 3.2.1 of Schedule C.

5.6 TRAINEE RATES OF PAY

[Pt I:Pt 5:5.6.1 varied by PR955055 ppc 17Jan05]

5.6.1 Trainees engaged under the terms of the National Training Wage Award 2000 as amended, shall be paid the appropriate wage rate set out in that award.

5.6.2 Exit from Traineeships

[Pt I:Pt 5:5.6.2(a) varied by PR955055 ppc 17Jan05]

5.6.2(a) Employees who have completed a traineeship in accordance with the terms of the National Training Wage Award 2000 as amended, and are required to utilise the skills attained from their traineeship shall be paid the appropriate rate set out in the tables below.

5.6.2(a)(i) On completion of Skill Level A

[Pt I:Pt 5:5.6.2(a) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

5.6.2(a)(ii) On completion of Skill Level B

5.6.2(a)(iii) On completion of Skill Level C

Note 1: Insert appropriate classification rate as specified in clause 5.1.

[Pt I:Pt 5:5.6.2(b) corrected by Q2704; varied by PR955055 ppc 17Jan05]

5.6.2(b) The appropriate classification shall be the classification corresponding to the minimum training requirement or equivalent which is the normal outcome for the particular traineeship as advised by the Manufacturing, Industry Skills Council. Provided that any additional competencies acquired during the period of experience during and subsequent to completion of the traineeship which are required or will be required to be utilised shall also be taken into account. Provided further that where the outcome is less than the C12 level the employee will be given the opportunity to acquire the additional competencies and when this is achieved shall be reclassified from C13 to C12. Provided that the attainment of these additional competencies meets the needs of the business. Where there is any disagreement over the application of this provision it shall be dealt with in accordance with the avoidance of disputes procedure of this award.

5.6.2(c) The total weekly wage rates provided for in this clause shall receive wage increases that are in proportion to the wage increases provided for the award rate at the Wage Group level C11 in respect to Skill Level B, Wage Group level C12 in respect to Skill Level C, and Wage Group level C10 in respect to Skill Level A.

[Pt I:Pt 5:5.6.2(d) corrected by Q2704; varied by PR955055 ppc 17Jan05]

5.6.2(d) Whether a traineeship falls within Skill Level A, Skill Level B or Skill Level C shall be determined by the advice of the Manufacturing, Industry Skills Council. Based upon the advice of Manufacturing, Industry Skills Council and the Foundation Engineering Traineeship is a Skill Level C, the Engineering Traineeship is a Skill Level B and the Advanced Engineering Traineeship is a Skill Level B or Skill Level A depending on the level of the Engineering Production Certificate which the Traineeship is designed to achieve and the Engineering Traineeship Technician is a Skill Level A.

5.7 PAYMENT BY RESULTS

An employer may remunerate any employees under any system of payment by results based on rates which will enable employees of average capacity to earn at least the award rate for the relevant classification provided that they shall not earn less than the rate of pay applicable to classification level C14.

5.8 SUPPORTED WAGE SYSTEM FOR PEOPLE WITH DISABILITIES

5.8.1 Workers Eligible for a Supported Wage

This clause defines the conditions 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:

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

5.8.1(b) "Accredited Assessor" means a person accredited by the management unit establishment by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.

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

5.8.1(d) "Assessment Instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

5.8.2 Eligibility Criteria

5.8.2(a) 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.

5.8.2(b) This 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 current employment.

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

5.8.3 Supported Wage Rates

[Pt I:Pt 5:5.8.3(a) varied by R5307 S8605 PR904632 PR932048 PR936344 PR947308; PR959867 ppc 07Jun05]

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

(Provided that the minimum amount payable shall be not less than $61.00 per week).

5.8.3(b) Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.

5.8.4 Assessment of Capacity

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

5.8.4(a) The employer and a union party to the award, in consultation with the employee or if desired by any of these; or

5.8.4(b) The employer and an accredited assessor from a panel agreed by the parties to the award and the employee.

5.8.5 Lodgement of Assessment Instrument

5.8.5(a) All assessment instruments under the conditions of this clause, including the appropriate percentage of the award rate to be paid to the employee, shall be lodged by the employer with the Registrar of the Industrial Relations Commission.

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

5.8.6 Review of Assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

5.8.7 Other Terms and Conditions of Employment

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

5.8.8 Enterprise Adjustment

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

5.8.9 Trial Period

5.8.9(a) 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 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

5.8.9(b) During the trial the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

[Pt I:Pt 5:5.8.9(c) varied by R5307 S8605 PR904632 PR932048 PR936344 PR947308; PR959867 ppc 07Jun05]

5.8.9(c) The minimum amount payable to the employee during the trial period shall be no less than $61.00 per week.

5.8.9(d) Work trials should include induction or training as appropriate to the job being trialled.

5.8.9(e) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause 5.8.4.

5.9 ALLOWANCES AND SPECIAL RATES

5.9.1 All-purpose Allowances

The following allowances shall apply for all purposes of the award.

5.9.1(a) Leading Hands

[Pt I:Pt 5:5.9.1(a) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Leading hands in charge of three or more people shall receive the relevant amount as set out below.

In charge of:

5.9.1(b) Ship Repairing

[Pt I:Pt 5:5.9.1(b) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Employees engaged on ship repairs shall be paid the following additional amounts:

5.9.1(c) Multi-Storey Building

[Pt I:Pt 5:5.9.1(c) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee, other than an apprentice or a junior, engaged on new construction work in a multi-storey building (as defined) shall be paid $20.06 per week extra. Where such work is performed for part of a day or shift the provisions of subclause 5.1.4-Mixed Functions, shall apply.

The provisions of 5.9.3(h)-Height Money and of 5.9.3(e)-Wet Places, shall not apply to employees paid the multi-storey building allowance.

Apprentices shall receive a proportion of this allowance in accordance with the appropriate percentage ratio set out in subclause 5.3.1.

5.9.1(d) Tool Allowance - Tradespersons and Apprentices

[Pt I:Pt 5:5.9.1(d) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

(i) Except as provided elsewhere in this sub-paragraph tradespersons shall be paid an allowance of $13.68 per week for supplying and maintaining tools ordinarily required in the performance of their work as tradespersons.

(ii) This allowance shall not apply to the following employees:

(1) Employers who had a practice as at 5 November 1979 of providing all tools required by tradespersons or apprentices in the performance of their work. (Such employers are entitled to continue this practice).

(2) Employees covered by clauses 3.3 or 3.4 of Schedule C (concerning the air conditioning industry in Queensland and South Australia).

(iii) In relation to employers not referred to in 5.9.1(d)(ii)(1), these employers may reach agreement with an individual tradesperson or apprentice to provide all of the tools required by them in the performance of their work. In such circumstances, the tool allowance shall not be payable.

(iv) This allowance shall apply to apprentices on the same percentage basis as set out in subclause 5.3.1 of this award.

(v) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools, precision measuring instruments and, for sheet metal workers, snips used in the cutting of stainless steel, monel metal and similar hard metals.

(vi) Tradespersons or apprentices shall replace or pay for any tools supplied by their employer which are lost as a result of negligence on the part of the employee.

[Pt I:Pt 5:5.9.1(d)(vii) inserted by PR965970 ppc 02Dec05]

(vii) The provision of tools under the Federal government “tools for your trade scheme” shall not constitute the provision of all tools by the employer for the purpose of 5.9.1(d)(ii) and (iii) of this clause.

5.9.1(e) Tool Allowance - Carpenter or Joiner or Shipwright/Boatbuilder

[Pt I:Pt 5:5.9.1(e) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

A carpenter or joiner or shipwright/boatbuilder shall be entitled to a tool allowance of $25.91 per week.

5.9.1(f) Specific Enterprise, Project or Industry Sector All-purpose Allowances

Various all-purpose allowances applicable to specific enterprises, projects or industry sectors as set out in clause 4.0 of Schedule C.

5.9.1(g) Trainer/Supervisor/Coordinator - Technical

A Trainer/Supervisor/Coordinator - Technical is an employee who is responsible primarily for the exercise of skills in technical fields as defined, up to the level of his/her skill and competence and who is additionally involved in the supervision/training of other technical employees. Such an employee shall receive not less than 107% of the rate of pay applicable to the employee's technical classification.

5.9.2 Other Allowances

5.9.2(a) Motor Allowance

[Pt I:Pt 5:5.9.2(a) varied by S8605 PR904632 PR932048 PR947308 PR959867 PR975561; PR983703 ppc 01Oct08]

Where an employee reaches agreement with their employer to use their own motor vehicle on the employer's business, such employee shall be paid an allowance of 74 cents per kilometre travelled.

5.9.2(b) First Aid Allowance

[Pt I:Pt 5:5.9.2(b) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

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 $12.68 if appointed by their employer to perform first aid duty.

5.9.2(c) Meal Allowance

Refer to subclause 6.4.11.

5.9.2(d) Compensation for Damage to Clothing, Spectacles, Hearing Aids and Tools

Compensation must be made to the extent of the damage sustained where, in the course of the work, clothing, spectacles, hearing aids or tools of trade are damaged or destroyed by fire or molten metal or through the use of corrosive substances. The employer's liability in respect of tools is limited to the tools of trade which are ordinarily required for the performance of the employee's duties. Compensation is not payable if an employee is entitled to workers' compensation in respect of the damage.

5.9.2(e) Case Hardened Prescription Lenses

An employer who requires an employee to have their prescription lenses case hardened shall pay for the cost of such case hardening.

5.9.2(f) Protective Clothing and Equipment Allowance

For each employee specified in Schedule C - 4.4, 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 must reimburse the employee for the cost of purchasing such special clothing and equipment. The provisions of this paragraph do not apply where the clothing and equipment is paid for by the employer.

5.9.3 Special Rates

Subject to subclauses 5.9.3(a) and (b), the following special rates shall be paid to employees including apprentices and juniors.

5.9.3(a) Special Rates Not Cumulative

Where more than one of the disabilities set out in subclause 5.9.3 entitles an employee to extra rates, the employer shall be bound to pay only one rate, namely the highest rate for the applicable disabilities.

This does not apply in relation to cold places, hot places, wet places, confined spaces, dirty work or height money, the rates for which are cumulative.

5.9.3(b) Special Rates are not Subject to Penalty Additions

The special rates in subclause 5.9.3 shall be paid irrespective of the times at which the work is performed, and shall not be subject to any premium or penalty additions.

5.9.3(c) Cold Places

[Pt I:Pt 5:5.9.3(c) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee who works for more than one hour in places where the temperature is reduced by artificial means below O degrees Celsius is entitled to 47 cents per hour extra. Where the work continues for more than two hours an employee is entitled to a rest period of 20 minutes every two hours without loss of pay.

5.9.3(d) Hot Places

[Pt I:Pt 5:5.9.3(d) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee who works for more than one hour in the shade in places where the temperature is raised by artificial means to:

Where work continues for more than two hours in temperatures exceeding 54 Celsius, employees shall be entitled to 20 minutes rest after every two hours work without deduction of pay. The temperature shall be determined by the supervisor after consultation with the employees who claim the extra rate.

5.9.3(e) Wet Places

[Pt I:Pt 5:5.9.3(e) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee working in any place where their clothing or boots become saturated by water, oil or another substance, shall be paid 48 cents per hour extra. Any employee who becomes entitled to this extra rate shall be paid such rate only for the part of the day or shift that they are required to work in wet clothing or boots.

This extra rate is not payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear.

5.9.3(f) Confined Spaces

[Pt I:Pt 5:5.9.3(f) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee working in a confined space (as defined) is entitled to 64 cents per hour extra.

5.9.3(g) Dirty Work

[Pt I:Pt 5:5.9.3(g) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Where an employee and their supervisor agree that work (other than ship repair work) is of an unusually dirty or offensive nature, the employee shall be entitled to 48 cents per hour extra.

Where an employee and their supervisor agree that certain ship repair work is of an unusually dirty or offensive nature, the employee shall be entitled to 64 cents per hour extra.

5.9.3(h) Height Money

[Pt I:Pt 5:5.9.3(h) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Employees other than linespersons, linesperson's assistants, riggers and splicers engaged in the construction, erection, repair and/or maintenance as the case may be, of ships, steel frame buildings, bridges, gasometers or other structures at a height in each case of 15 metres or more directly above the nearest horizontal plane shall be entitled to 36 cents per hour extra.

5.9.3(i) Meat Digesters and Oil Tanks

[Pt I:Pt 5:5.9.3(i) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee working on repairs in oil tanks or meat digesters is entitled to 48 cents per hour extra. Employees engaged on such work for more than half of a day or shift are entitled to the special rate for the whole day or shift.

5.9.3(j) Sanitary Works

[Pt I:Pt 5:5.9.3(j) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee working in a Sanitary Works is entitled to 33 cents per hour extra.

5.9.3(k) Insulation Materials

[Pt I:Pt 5:5.9.3(k) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Employee handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise shall when so employed on ship construction or ship repairing or on the construction, repair or demolition of furnaces, walls, floors and/or ceilings be paid 63 cents per hour extra.

5.9.3(l) Slaughtering Yards

[Pt I:Pt 5:5.9.3(l) varied by Q1020 R5307 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee working in slaughtering yards is entitled to 36 cents per hour extra.

5.9.3(m) Boiler Repairs

[Pt I:Pt 5:5.9.3(m) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee working on repairs to smoke-boxes, fire-boxes, furnaces or flues of boilers is entitled to 36 cents per hour extra.

An employee engaged on repairs to oil fired boilers, including the castings, uptakes and funnels, or flues and smoke stacks is entitled to $1.25 per hour extra while working inside such a boiler.

5.9.3(n) Underground Mine Work

An electrician working underground in a mine is entitled to 12 per cent extra.

5.9.3(o) Explosive Powered Tools

[Pt I:Pt 5:5.9.3(o) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee required to use explosive powered tools shall be paid a minimum payment of $1.26 per day. Where an hourly rate is required, it shall be calculated by dividing the rate by 7.6.

5.9.3(p) Ships in Dock

[Pt I:Pt 5:5.9.3(p) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee working under a ship in dock or slipway shall be paid 36 cents per hour extra where working on the removal and/or bolting up of plates or in burning- off on those portions of a ship where the height from the dock or shipway floor to the hull of the ship is less than 1.4 metres.

5.9.3(q) Foundry Allowance

[Pt I:Pt 5:5.9.3(q)(i) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

(i) An employee working in a foundry is entitled to a foundry allowance of 37 cents for each hour worked to compensate for all disagreeable features associated with foundry work including heat, fumes, atmospheric conditions, sparks, dampness, confined spaces and noise.

(ii) The foundry allowance is payable in lieu of any payment otherwise due under this clause.

(iii) For the purpose of this allowance, foundry work shall mean:

(1) any operation in the production of castings by casting metal in mould made of sand, loam, metal, moulding composition or other material or mixture of materials, or by shall moulding, centrifugal casting or continuous casting; and

(2) where carried on as an incidental process in connection with and in the course of production to which paragraph (1) of this definition applies, the preparation of moulds and cores (but not in the making of patterns and dies in a separate room), knock out processes and dressing operations: but shall not include any operations performed in connection with:

Non-ferrous die casting (including gravity and pressure);

Casting of billets and/or ingots in metal moulds;

Continuous casting of metal into billets;

Melting of metal for use in printing;

Refining of metal.

(iv) Employees shall not be paid the foundry allowance for any work in a foundry during any period that foundry production is not being carried out, with the exception of any work carried out within the eight hour period immediately following the cessation of foundry production.

5.9.3(r) Boiling Down Works

[Pt I:Pt 5:5.9.3(r) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Working in boiling down works - 36 cents per hour.

5.9.3(s) Lead Works

[Pt I:Pt 5:5.9.3(s) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048; PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Working in lead works - 36 cents per hour

5.9.3(t) Enterprise Specific Special Rates

Various special rates applicable to specific enterprises are set out in Clause 5.0 of Schedule C.

5.9.4 Transfers, Travelling and Working Away From Usual Place of Work

Summary

These paragraphs deal with an employee's entitlements to payment whilst travelling or where they are required to relocate.

5.9.4(a) Transfer Involving Change of Residence

An employee:

Engaged in one locality to work in another, or

Sent other than at his or her own request, from his or her usual locality to another for employment which can reasonably be regarded as permanent;

involving a change of residence will be paid travelling time whilst necessarily travelling between such localities and expenses for a period not exceeding three months or in cases where the employee is in the process of buying a place of residence in the new locality for a period not exceeding six months. Provided that such expenses will cease after he or she has taken up permanent resident or abode at the new location.

5.9.4(b) Travelling, Transport and Fares

(i) Excess Travelling and Fares

An employee who on any day or from day to day is required to work at a job away from his or her accustomed workshop or depot will, at the direction of the employer, present himself or herself for work at such job at the usual starting time, but for all time reasonably spent in reaching and returning from such job (in excess of the time normally spent in travelling from his or her home to such workshop or depot and returning) he or she will be paid travelling time, and also any fares reasonably incurred in excess of those normally incurred in travelling between his or her home and such workshop or depot.

An employee who with the approval of the employer uses his or her own means of transport for travelling to or from outside jobs will be paid the amount of excess fares which he or she would have incurred in using public transport unless he or she has an arrangement with his or her employer for a regular allowance.

(ii) Distant Work

[Pt I:Pt 5:5.9.4(b)(ii) corrected by Q2704 from 01Jul98]

An employee sent from his or her usual locality to another (in circumstances other than those prescribed in 5.9.4(a) hereof) and required to remain away from his or her usual place of abode will be paid travelling time whilst necessarily travelling between such localities, and expenses whilst so absent from his or her usual locality.

(iii) Payment for Travelling

(1) The rate of pay for travelling time is ordinary rates, except on Sundays and holidays when it will be time and a half.

(2) The maximum travelling time to be paid for is 12 hours out of every 24 hours, or when a sleeping berth is provided by the employer for all-night travel, eight hours out of every 24.

(iv) Expenses

"Expenses" for the purpose of this clause means:

(1) All fares reasonably incurred. The fares allowed are be for rail travel, second class except where all-night travelling is involved when they are to be first class, with sleeping berth where available.

[Pt I:Pt 5:5.9.4(b)(iv)(2) varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

(2) Reasonable expenses incurred whilst travelling including $11.08 for each meal taken.

(3) A reasonable allowance to cover the cost incurred for board and lodging.

(v) Engagement of Labour Away From Workshops

An employer is be free to engage labour on the site of a job carried on away from the workshop, without payment for any travelling time or fares, unless such employee is sent from the workshop.

Provided that if an employee engaged for the erection of a job had previously been engaged by the same employer in the fabrication of the job in a workshop he or she is to be paid fares in excess of those incurred in travelling to and from the workshop.

5.10 EXTRA RATES NOT CUMULATIVE

Extra rates in this Award, except rates prescribed in 5.9.3 (Special Rates) and rates for work on public holidays, are not cumulative so as to exceed the maximum of double the ordinary rates.

5.11 PAYMENT OF WAGES

Summary

This clause provides for the pay period and method of payment of wages.

5.11.1 Period of Payment

5.11.1(a) Wages shall be paid weekly or fortnightly, either:

(i) according to the actual ordinary hours worked each week or fortnight; or

(ii) according to the average number of ordinary hours worked each week or fortnight.

5.11.1(b) By agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid three weekly, four weekly or monthly. Agreement in this respect may also be reached between the employer and an individual employee.

5.11.2 Method of Payment

Wages shall either be paid by cash, cheque or electronic funds transfer into the employee's bank (or other recognised financial institution) account.

In the case of employees paid by cheque, if the employee requires it, the employer shall have a facility available during ordinary hours for the encashment of the cheque.

5.11.3 Payment of Wages on Termination of Employment

On termination of employment, wages due to an employee shall be paid on the day of termination or forwarded to the employee by post on the next working day.

5.11.4 Day off coinciding with pay day

Where an employee is paid wages by cash or cheque and the employee is, by virtue of the arrangement of their ordinary hours, to take a day off on a day which coincides with pay day, such employee must be paid no later than the working day immediately following pay day. However, if the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

5.11.5 Wages to be paid during working hours

5.11.5(a) Where an employee is paid wages by cash or cheque such wages shall be paid during ordinary working hours.

5.11.5(b) If an employee is paid wages by cash and is kept waiting for their wages on pay day, after the usual time for ceasing work, they shall be paid at overtime rates for the period they are kept waiting.

5.11.6 Absences from Duty Under an Averaging System

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

5.11.6(a) The employee will accrue a "credit" for each day he or she works ordinary hours in excess of the daily average.

[Pt I:Pt 5:5.11.6(b) corrected by Q2704 from 01Jul98]

5.11.6(b) The employee will not accrue a "credit" for each day of absence from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, paid bereavement leave, paid carers' leave, paid training leave in accordance with 5.2.3(a) herein, or jury service).

5.11.6(c) An employee absent for part of a day (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, paid bereavement leave, paid carers' leave, paid training leave in accordance with 5.2.3(a) herein or jury service shall accrue a proportion of the "credit" for the day, based upon the proportion of the working day that the employee was in attendance.

PART 6 - HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME
6.1 ORDINARY HOURS OF WORK

Summary

This clause describes the ordinary hours of work and how they are to be arranged for day workers, continuous shift workers and non-continuous shift workers.

The ordinary hours of work for all three categories is 38 per week to be averaged over the period of the work cycle that applies in the particular enterprise.

There is provision for the employer, by agreement with employees, to arrange working hours to achieve maximum flexibility in order to suit the needs of both the enterprise and the employees.

6.1.1 Ordinary Hours of Work - Day Workers

6.1.1(a) Subject to subclause 6.1.4, the ordinary hours of work for day workers are to be an average of 38 per week but not exceeding 152 hours in 28 days.

6.1.1(b) The ordinary hours of work may be worked on any day or all of the days of the week, Monday to Friday. The days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees concerned. Agreement in this respect may also be reached between the employer and an individual employee.

6.1.1(c) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 am and 6.00 pm. The spread of hours (ie. 6.00am to 6.00 pm) may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned or in appropriate circumstances, between the employer and an individual employee.

6.1.1(d) Any work performed outside the spread of hours is to be paid for at overtime rates. However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours for the purpose, for example, of getting the plant in a state of readiness for production work is to be regarded as part of the 38 ordinary hours of work.

6.1.1(e) Where agreement is reached in accordance with 6.1.1(b) the minimum rate to be paid for a day worker for ordinary time worked between midnight on Friday and midnight on Saturday shall be time and a half.

6.1.1(f) Where agreement is reached in accordance with 6.1.1(b) the minimum rate to be paid for a day worker for ordinary time worked between midnight on Saturday and midnight on Sunday shall be double time

6.1.2 Ordinary Hours of Work - Continuous Shift Workers

6.1.2(a) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

6.1.2(b) Subject to 6.1.2(c) the ordinary hours of continuous shiftworkers are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days. Continuous shift workers are entitled to a 20 minute meal break on each shift which shall be counted as time worked.

6.1.2(c) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed 12 months.

6.1.2(d) Except at the regular change-over of shifts, an employee shall not be required to work more than one shift in each 24 hours.

6.1.3 Ordinary Hours of Work - Non-Continuous

6.1.3(a) Subject to 6.1.3(b), the ordinary hours of work for non- continuous shift workers are to be an average of 38 per week and must not exceed 152 hours in 28 consecutive days.

6.1.3(b) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

6.1.3(c) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer.

6.1.3(d) Except at change-over of shifts an employee will not be required to work more than one shift in each 24 hours.

6.1.4 Methods of Arranging Ordinary Working Hours.

6.1.4(a) Subject to the employer's right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in 6.1.1(c) and the employer's right to fix the commencing and finishing time of shifts from time to time, the arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged.

6.1.4(b) Matters upon which agreement may be reached include:

(i) how the hours are to averaged within a work cycle established in accordance with 6.1.2 and 6.1.3

(ii) the duration of the work cycle for day workers provided that such duration shall not exceed 3 months

(iii) rosters which specify the starting and finishing times of working hours

(iv) a period of notice of a rostered day off which is less than four weeks

(v) substitution of rostered days off

(vi) accumulation of rostered days off

(vii) arrangements which allow for flexibility in relation to the taking of rostered days off

(viii) any arrangements of ordinary hours which exceed 8 hours in any day

6.1.4(c) By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:

(i) Proper health monitoring procedures being introduced;

(ii) Suitable roster arrangements being made;

(iii) Proper supervision being provided;

(iv) Adequate breaks being provided;

(v) An adequate trial or review process being implemented through the consultative process in clause 3.1.

[Pt I:Pt 6:6.1.4(d) inserted by Q2704 from 01Jul98]

6.1.4(d) (i) Where an employee works on a shift other than a rostered shift (as defined), he/she shall:

(1) if employed on continuous work, be paid at the rate of double time; or

(2) if employed on other shiftwork, at the rate of time and one half for the first three hours and double time thereafter.

(ii) The provision of 6.1.4(d)(i) do not apply when the time is worked:

(1) by arrangement between the employees themselves;

(2) for the purposes of effecting the customary rotation of shifts; or

(3) on a shift to which the employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for the day in accordance with clause 4.6.

6.1.5 Daylight Saving

Where by reason of State legislation, summer time is prescribed as being in advance of the standard time in that State the length of any shift:

Commencing before the time prescribed by the relevant legislation for the commencement of a summer time period, and

Commencing on or before the time prescribed by such legislation for the termination of a summer time period, shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end of the shift. The time of the clock in each case is to be set to the time fixed by the relevant State legislation.

In this subclause the expressions "standard time" and "summer time" shall bear the same meaning as are prescribed by the relevant State legislation.

6.1.6 Make Up Time

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

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

6.2 SPECIAL PROVISIONS FOR SHIFTWORKERS

Summary

This clause defines afternoon and night shift and prescribes the allowances for such shifts as well as the loadings payable for Saturday, Sunday and Public Holidays Shifts.

6.2.1 Definitions

For the purposes of this award:

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

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

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

By agreement between the employer and the majority of employees concerned or in appropriate cases an individual employee, the span of hours over which shifts may be worked may be altered by up to one hour at either end of the span.

6.2.2 Afternoon and Night Shift Allowances

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

[Pt I:Pt 6:6.2.2(b) substituted by Q2704 from 01Jul98]

6.2.2(b) An employee who works on an afternoon or night shift which does not continue:

(i) for at least five successive afternoon or night shifts or six successive afternoon or night shifts in a six day workshop (where no more than eight ordinary hours are worked on each shift); or

(ii) for at least 38 ordinary hours (where more than eight ordinary hours are worked on each shift and the shift arrangement is in accordance with subclauses 6.1.2 or 6.1.3);

shall be paid for each shift 50 percent for the first three hours and 100 percent for the remaining hours, in addition to his or her ordinary rate.

6.2.2(c) An employee who:

(i) During a period of engagement on shift, works night shift only; or

(ii) Remains on night shift for a longer period than four consecutive weeks; or

(iii) Works on a night shift which does not rotate or alternate with another shift or with day work so as to give him or her at least one third of his or her working time off night shift in each shift cycle;

shall, during such engagement, period or cycle, be paid 30 per cent more than his or her ordinary rate for all time worked during ordinary working hours on such night shift.

6.2.3 Rate for Working on Saturday Shifts

The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. This extra rate is in substitution for and not cumulative upon the shift premiums prescribed in 6.2.2.

6.2.4 Rate for Working on Sunday and Public Holiday Shifts

6.2.4(a) The rate at which continuous shift workers are to be paid for work on a rostered shift the major portion of which is performed on a Sunday or public holiday, is double time.

6.2.4(b) The rate at which shift workers on other than continuous work are to be paid for all time worked on a Sunday or public holiday is as follows:

(i) Sundays - at the rate of double time

(ii) Public Holidays - at the rate of double time and a half.

6.2.4(c) Where shifts commence between 11.00pm and midnight on a Sunday or public holiday, the time so worked before midnight does not entitle the employee to the Sunday or public holiday rate for the shift. However, the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday and extending into the Sunday or public holiday shall be regarded as time worked on the Sunday or public holiday.

6.2.4(d) Where shifts fall partly on a holiday, the shift which has the major portion falling on the public holiday shall be regarded as the holiday shift.

By agreement between the employer and the majority of employees concerned, the shift which has the minor portion falling on the public holiday may be regarded as the holiday shift in lieu of the above.

6.2.4(e) The extra rates in this subclause are in substitution for and not cumulative upon the shift premiums prescribed in 6.2.2.

[Pt I:Pt 6:6.2.5 inserted by PR912584 from 17Dec01]

6.2.5 Afternoon Shift at National Engineering Pty Ltd

Notwithstanding any other award provisions, with effect from 1 June 2000, the following definition of afternoon shift under clause 6.2.1 shall apply to National Engineering Pty Ltd, ACN 061 131 333 in relation to the operation of the employer’s premises at Young in the state of New South Wales for the period commencing 1 April 1992 and expiring 1 June 2000:

“Afternoon Shift” means any shift finishing after 6:00 pm and at or before 1:15 am.

6.3 MEAL BREAKS

Summary

This clause deals with the taking of meal breaks during ordinary working hours and covers when the meal break is to be taken, alterations to the time the break may be taken and payment for working during the meal break.

6.3.1 An employee shall not be required to work for more than five hours without a break for a meal except in the following circumstances:

6.3.1(a) In cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five hours, an employee will not be required to work for more than six hours without a break for a meal break.

6.3.1(b) By agreement between an employer and an employee or the majority of employees in an enterprise or part of an enterprise concerned, an employee or employees may be required to work in excess of five hours but not more than six hours at ordinary rates of pay without a meal break.

6.3.2 The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.

6.3.3 An employer may stagger the time of taking a meal and rest breaks to meet operational requirements.

6.3.4 Subject to 6.3.l, an employee shall work during meal breaks at ordinary rates of pay whenever instructed to do so for the purpose of making good breakdown of plant or upon routine maintenance of plant which can only be done while the plant is idle.

6.3.5 Except as provided in this subclause, and except where any alternative arrangement is entered into by agreement between the employer and employees concerned, time and a half rates shall be paid for all work done during meal hours and thereafter until a meal break is taken.

6.4 OVERTIME

Summary

Overtime is payable for work done outside the ordinary hours of work. Generally speaking, the overtime rate is time and a half for the first three hours and double time thereafter. Continuous shift workers are entitled to double time for all overtime.

Employees are required to work a reasonable amount of overtime. Minimum payments are prescribed for overtime work on Saturday, Sunday and Public Holidays.

Employees are required to have a rest period normally between work on successive days.

Provision is made for employees being called back after leaving the premises and for standing by for callback.

Meal breaks and meal allowances are also dealt with in this clause.

6.4.1 Payment for Working Overtime

6.4.1(a) Except as provided for in 6.4.1(d), 6.4.1(e), 6.4.8 and 6.4.9, for all work done outside ordinary hours on any day or shift (as defined in subclauses 6.1.1, 6.1.2 and 6.1.3) the overtime rates of pay are time and a half for the first three hours and double time thereafter until the completion of the overtime work. For continuous shift workers the rate for working overtime is double time.

6.4.1(b) For the purposes of this clause "ordinary hours" means the hours worked in an enterprise, fixed in accordance with clause 6.1 of this award.

6.4.1(c) The hourly rate, when computing overtime, is to be determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 ordinary hours in a week.

6.4.1(d) (i) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.

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

(iii) An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under paragraph (i) of this subclause where such time has not been taken within four weeks of accrual.

[Pt I:Pt 6:6.4.1(e) corrected by Q2704 from 01Jul98]

6.4.1(e) When not less than 7 hours 36 minutes notice has been given to the employer by a relief shiftworker that he or she will be absent from work and the shiftworker whom that person should relieve is not relieved and is required to continue work on his or her rostered day off the unrelieved employee shall be paid double time.

6.4.1(f) In computing overtime each day's work shall stand alone.

6.4.2 Requirement to Work Reasonable Overtime

[Pt I:Pt 6:6.4.2 substituted by PR923084 ppc 29Oct02]

6.4.2(a) Subject to clause 6.4.2(b) an employer may require an employee to work reasonable overtime at overtime rates.

6.4.2(b) 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:

(i) any risk to employee health and safety;

(ii) the employee's personal circumstances including any family responsibilities;

(iii) the needs of the workplace or enterprise;

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

(v) any other relevant matter.

6.4.3 One in, All in does not Apply

The assignment of overtime by an employer to an employee is to be based on specific work requirements and the practice of "one in, all in" overtime must not apply.

6.4.4 Rest Period after Overtime

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

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

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

6.4.4(d) By agreement between the employer and individual employee, the 10 hour break provided for in this clause may be reduced to a period no less than 8 hours.

6.4.4(e) The provisions of this subclause will apply in the case of shift workers as if eight hours were substituted for 10 hours when overtime is worked:

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

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

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

6.4.5 Call Back

[Pt I:Pt 6:6.4.5 corrected by Q2704 from 01Jul98]

An employee recalled to work overtime after leaving the employer's enterprise (whether notified before or after leaving the enterprise) is to be paid for a minimum of four hours work at the rate of time and one half for the first three hours and double time thereafter (or double time for the full period for continuous shift workers). There are a number of conditions which apply to this provision:

6.4.5(a) Where an employee is required to regularly hold himself or herself in readiness for a call back he or she will be paid for a minimum of three hours work at the appropriate overtime rate. This is subject to 6.4.6 which deals with the conditions for standing by.

6.4.5(b) If the employee is recalled on more than one occasion between the termination of their ordinary work on one day and the commencement of their ordinary work on the next ordinary working day he or she shall be entitled to the three or four hour minimum overtime payment provided for in this subclause for each call back. However, in such circumstances, it is only the time which is actually worked during the previous call or calls which is to be taken into account when determining the overtime rate for subsequent calls.

6.4.5(c) Except in the case of unforeseen circumstances arising, an employee will not be required to work the full three or four hours as the case may be if the job he or she was recalled to perform is completed within a shorter period.

6.4.5(d) This subclause does not apply in cases where it is customary for an employee to return to the enterprise to perform a specific job outside the employee's ordinary working hours or where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary working time.

6.4.5(e) Overtime worked in the circumstances specified in this subclause is not to be regarded as overtime for the purpose of 6.4.4, Rest Periods After Overtime, when the actual time worked is less than three hours on the call back or on each call back.

6.4.6 Standing By

Subject to any custom prevailing at an enterprise, where an employee is required regularly to hold himself or herself in readiness to work after ordinary hours, the employee is to be paid standing by time at the employee's ordinary rate of pay for the time he or she is standing by.

6.4.7 Saturday Work

A day worker required to work overtime on a Saturday shall be afforded at least four hours work or paid for four hours at the rate of time and one half for the first three hours and double time thereafter, except where the overtime is continuous with overtime commenced on the previous day.

6.4.8 Sunday Work

Employees required to work overtime on Sundays shall be paid for a minimum of three hours work at double time. The double time is to be paid until the employee is relieved from duty.

6.4.9 Public Holiday Work

Refer to 7.5.2 to determine the pay entitlements of persons who work overtime on a public holiday

6.4.10 Rest Break

[Pt I:Pt 6:6.4.10(a) corrected by Q2704 from 01Jul98]

6.4.10(a) An employee working overtime must be allowed a rest break of 20 minutes without deduction of pay after each four hours of overtime worked if the employee is to continue work after the rest break.

6.4.10(b) Where a day worker is required to work overtime on a Saturday, Sunday or Public Holiday or on a rostered day off, the first rest break will be paid at the employee's ordinary rate of pay.

[Pt I:Pt 6:6.4.10(c) corrected by Q2704 from 01Jul98]

6.4.10(c) Where overtime is to be worked immediately after the completion of ordinary work on a day or shift and the period of overtime is to be more than one and a half hours, an employee, before starting the overtime is entitled to a rest break of 20 minutes to be paid at ordinary rates.

6.4.10(d) An employer and employee may agree to any variation of this subclause to meet the circumstances of the work in hand provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under this subclause.

6.4.11 Meal Allowance

[Pt I:Pt 6:6.4.11 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

6.4.11(a) An employee is entitled to a meal allowance of $11.08 on each occasion that the employee is entitled to a rest break in accordance with subclause 6.4.10, except in the following circumstances:

(i) if the employee is a day worker and was notified no later than the previous day that they would be required to work such overtime;

(ii) if the employee is a shift worker and was notified no later than the previous day or previous rostered shift that they would be required to work such overtime;

(iii) if the employee lives in the same locality as the enterprise and could reasonable return home for meals.

6.4.11(b) If an employee has provided a meal or meals on the basis that he or she has been given notice to work overtime and the employee is not required to work overtime or is required to work less than the amount advised, he or she shall be paid the prescribed meal allowance for the meal or meals which he or she has provided but which are surplus.

6.4.12 Transport of Employees

[Pt I:Pt 6:6.4.12 corrected by Q2704 from 01Jul98]

When an employee, after having worked overtime or a shift for which he/she has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide the employee with a conveyance home, or pay him/her their current wage for the time reasonably occupied in reaching home.

PART 7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
7.1 ANNUAL LEAVE

Summary

This clause describes an employee's entitlement to annual leave. Essentially, that entitlement is 4 weeks or in the case of seven day shift workers, 5 weeks.

A loading of 17 1/2% (higher percentage in the case of certain shift workers) is payable in addition to the payment for the leave. Payment for the period of leave for both full time and part-time employees is based on the principle that the employee will be paid what he or she would normally have received if he or she had not been on leave, with certain exceptions which include overtime.

Casual employees do not have an entitlement to annual leave.

7.1.1 Period of Leave

7.1.1(a) (i) A full time or part time employee under this award is entitled to a period of 28 consecutive days leave, including non-working days, (i.e 4 weeks) after each 12 months service (less the period of annual leave) with an employer.

(ii) An employer may reach agreement with the majority of employees concerned to convert the entitlements in 7.1.1(a)(i) or 7.1.2 to an hourly entitlement (ie. 152 hours or 190 hours respectively for a full time employee) for administrative ease.

7.1.1(b) The annual leave for full time and part time employees accrues at a rate of 2.923 hours for each 38 ordinary hours worked.

7.1.1(c) Casual employees are not entitled to annual leave.

7.1.2 Additional Leave for Seven Day Shift Workers

In addition to leave provided for in 7.1.1, seven day shift workers, that is shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed seven consecutive days leave including non-working days.

Where an employee with 12 months continuous service is engaged for part of the 12 monthly period as a seven day shift worker, that employee is entitled to have the period of leave prescribed in subclause 7.1.1 increased by half a day for each month he or she is continuously engaged as a seven day shift worker.

7.1.3 Payment for Period of Annual Leave

Subject to subclause 7.1.12 employees, before going on leave, are to be paid the wages they would have received in respect of the ordinary time they would have worked had they not been on leave during the relevant period. This amount shall be calculated as follows:

7.1.3(a) Time Workers

The wages to be paid must be worked out on the basis of what the employee would have been paid under this award for working ordinary hours during the period of leave, including allowances, loadings and penalties paid for all purposes of the award, first aid allowance and any other wages payable under the employee's contract of employment including any overaward payment.

The employee is not entitled to payments in respect of overtime, special rates or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.

7.1.3(b) Piece Workers

In the case of an employee employed on piece or bonus work or any other system of payment by results, the rate which is the weekly average of payments made to the employee under such a system for the period actually worked during ordinary hours during the last three monthly period in respect of which such payments have been calculated prior to the time of going on leave or termination of employment as the case may be.

7.1.4 Loading on Annual Leave

During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed by subclause 7.1.3.

The loading shall be as follows:

[Pt I:Pt 7:7.1.4(a) corrected by Q2704 from 01Jul98]

7.1.4(a) Day Workers - employees who would have worked on day work only had they not been on leave - a loading of 17 1/2 per cent or the relevant weekend penalty rates, whichever is greater but not both.

[Pt I:Pt 7:7.1.4(b) corrected by Q2704 from 01Jul98]

7.1.4(b) Shift Workers - employees who would have worked on shift work had they not been on leave - a loading of 17 1/2 per cent or the shift loading (including relevant weekend penalty rates) whichever is the greater but not both.

The loading prescribed by this subclause does not apply to proportionate leave on termination.

7.1.5 How to Calculate the Leave Entitlement

7.1.5(a) Except for the following, any absences from work are not to be taken into account and will not count as time worked in calculating the leave entitlement:

in a 12 month period the employee is entitled to have off up to 152 ordinary working hours because of sickness or accident and this will be counted as time worked (i.e. worker's compensation leave, paid sick leave, paid carers leave).

long service leave, annual leave, public holidays, paid bereavement leave, paid training leave and jury service taken by an employee will count as time worked.

any interruption or termination of the employment by the employer which has been made with the intention of avoiding obligations under this clause.

7.1.5(b) Absences from work which do not count as time worked in calculating the leave entitlement but do not break continuity of service for the purposes of this award include:

any absence with reasonable cause, proof of which shall be upon the employee.

any leave without pay taken with the agreement of the employer.

parental leave.

7.1.5(c) Where a business is transmitted from one employer to another, as set out in 4.4.2 of this award, the period of continuous service that the employee had with the transmittor or any prior transmittor shall be deemed to be service with the transmittee and taken into account when calculating annual leave. However an employee shall not be entitled to leave or payment in lieu for any period in respect of which leave has been taken or paid for.

7.1.6 Public Holidays Falling in a Period of Leave

7.1.6(a) If any public holiday prescribed by clause 7.5 of this award falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there must be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if the day had not been a holiday.

7.1.6(b) Where a holiday or holidays falls in a period of annual leave and the employee, fails, without reasonable cause, to attend for work at the employees ordinary starting time on the working day immediately following the last day of the period of annual leave, the employee shall not be entitled to be paid for the holiday or holidays.

7.1.7 Annual Leave in one or more Separate Periods

7.1.7(a) Annual leave is to be given by the employer and taken by the employee in up to four separate periods.

7.1.7(b) If the employer and an employee so agree the annual leave entitlement may be given and taken in more than four separate periods including up to a maximum of 10 single days.

However, one period of annual leave must be of at least seven consecutive days, including non-working days.

7.1.8 Leave is to be Taken

The annual leave provided by this clause must be taken as leave and except as provided by subclause 7.1.11 and 7.1.12, payment will not be made or accepted in lieu of annual leave.

7.1.9 Time of Taking Leave

7.1.9(a) Annual leave shall be given at a time fixed by the employer within a period not exceeding six months from the date when the right to leave accrued.

7.1.9(b) An employer can require an employee to take annual leave by giving not less than four weeks' notice of the time when such leave is to be taken.

[Pt I:Pt 7:7.1.9(c) corrected by Q2704 from 01Jul98]

7.1.9(c) By agreement between an employer and an employee, annual leave may be taken at any time provided it is done within two years from the date when the right to leave accrued.

7.1.10 Leave Allowed Before Due Date

7.1.10(a) An employer may allow an employee to take annual leave either wholly or partly in advance before the leave becomes due. In such case, a further period of annual leave will not commence to accrue until after the expiration of the 12 months in respect of which the annual leave or part of it had been taken before it accrued.

7.1.10(b) Where annual leave or part of it has been granted before the leave is due, and the employee subsequently leaves or is discharged from the service of the employer before completing the required 12 months continuous service and the amount paid by the employer to the employee for the annual leave or part so taken in advance exceeds the amount which the employer is required to pay to the employee under subclause 7.1.11 the employer will not be liable to make any payment to the employee under subclause 7.1.11 and is entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment.

7.1.11 Proportionate Leave on Termination

An employee other than a casual who:

7.1.11(a) After one week's continuous service in the first qualifying 12 monthly period with an employer, lawfully leaves the employment of the employer, or is terminated by the employer through no fault of the employee; or

7.1.11(b) After 12 months continuous service with an employer, leaves the employment of the employer or is terminated by the employer for any reason;

shall be paid 2.923 hours for each 38 ordinary hours worked and in respect of which leave had not been granted under this clause at the appropriate rate of wage calculated in accordance with subclause 7.1.3.

7.1.12 Annual Close Down

Where an employer closes down the enterprise or part of it for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned, the following special provisions shall apply:

7.1.12(a) The employer may, by giving not less than four weeks notice of intention so to do, stand off for the duration of the close down all employees in the enterprise or part of the enterprise concerned and allow to those who are not then qualified for a full entitlement to annual leave for 12 months continuous service, paid leave on a proportionate basis at the appropriate rate of wage as prescribed in subclauses 7.1.3 and 7.1.4 for 2.923 hours for each 38 ordinary hours worked.

[Pt I:Pt 7:7.1.12(b) corrected by Q2704 from 01Jul98]

7.1.12(b) An employee who has then qualified for a full entitlement to annual leave for 12 months continuous service and has also completed a further week or more of continuous service, shall be allowed leave, and shall, also be paid at the appropriate rate of wage as prescribed by subclauses 7.1.3 and 7.1.4 hereof for 2.923 hours for each 38 ordinary hours worked since the close of the employee's last 12 monthly qualifying period.

7.1.12(c) The next 12 monthly qualifying period for each employee affected by such close down shall commence from the day on which the enterprise or part of the enterprise concerned, is re-opened for work. Provided that all time during which an employee is stood off without pay for the purposes of this subclause is deemed to be time of service in the next 12 monthly qualifying period.

7.1.12(d) (i) The employer may close down the enterprise or part of the enterprise for one or two separate periods for the purpose of granting annual leave.

(ii) If the employer closes down the enterprise or part of the enterprise in two separate periods one of these periods shall be for a period of at least 14 consecutive days including non-working days.

[Pt I:Pt 7:7.1.12(d)(iii) corrected by Q2704 from 01Jul98]

(iii) The employer and the majority of employees concerned may agree to the annual leave being taken in three close downs provided that one of these periods will be a period of at least 14 days including non-working days.

7.1.12(e) The employer may close down the enterprise or part of it for a period of at least 14 days including non-working days and allow the balance of any annual leave to be taken in one continuous period in accordance with a roster.

7.2 PERSONAL LEAVE

[Pt I:Pt 7:7.2 substituted by PR964989 ppc 11Nov05]

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 4.2.3(g).

7.2.1 Definitions

The term immediate family includes:

7.2.1(a) 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

7.2.1(b) 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.

7.2.2 Amount of paid personal leave

7.2.2(a) 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.

7.2.2(b) 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:

7.2.2(c) Provided that, an employee who normally works eight or more hours per day so as to provide a rostered day(s) off in a work cycle in accordance with 6.1.4 is entitled to the following amount of personal leave:

7.2.2(d) After the first five months of service, an employee must be paid for any personal leave to which they were not entitled, due to insufficient service, up to a maximum of 38 hours (or 40 hours if the employee normally works eight or more hours per day).

7.2.3 Accumulation of personal leave

Unused personal leave accumulates from year to year to a maximum of 729.6 hours (or 768 hours if the employee normally works eight or more hours per day).

7.2.4 The effect of workers’ compensation

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

7.2.5 Broken service

If an employee is terminated by their employer and is re-engaged by the same employer within a period of six months then the employee’s unclaimed balance of personal leave shall continue from the date of re-engagement.

7.2.6 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.

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

7.2.7(a) Subject to 7.2.7(b) and 7.2.7(c), 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.

7.2.7(b) The entitlement in 7.2.7(a) 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.

7.2.7(c) Except as provided for in 7.2.7(d), not more than 76 hours of personal leave can be used in a year by an employee for the purposes set out in 7.2.7(a). Provided that, an employee who normally works eight or more hours per day so as to provide a rostered day(s) off in a work cycle in accordance with 6.1.4 is entitled to use up to 80 hours of their accrued personal leave in a year for the purposes set out in 7.2.7(a).

7.2.7(c)(i) 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.

7.2.7(d) 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 7.2.7(a), beyond the relevant limit set out in 7.2.7(c). In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.

7.2.8 Employee must give notice

7.2.8(a) 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.

7.2.8(b) 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.

7.2.9 Evidence supporting claim

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

7.2.9(b) 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.

7.2.9(c) 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.

7.2.10 Single day absences

7.2.10(a) An employee who has already had two paid personal leave absences in the year for personal illness or injury, the duration of each absence being of one day only, is not entitled to further paid personal leave for personal illness or injury in that year of a duration of one day only without production to the employer of a certificate of a qualified medical practitioner which states that the employee was unable to attend for duty on account of personal illness or injury.

7.2.10(b) An employer may agree to accept a Statutory Declaration in lieu of the required medical certificate.

7.2.10(c) Nothing in this clause limits the employer’s right under 7.2.9.

7.2.11 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 7.2.8 and 7.2.9 are met.

7.2A BEREAVEMENT LEAVE

[Pt I:Pt 7:7.2A inserted by PR964989 ppc 11Nov05]

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 4.2.3(g).

7.2A.1 Paid leave entitlement

7.2A.1(a) Death in Australia

A full-time employee is entitled to up to 16 hours bereavement leave on each occasion and on production of satisfactory evidence (if required by the employer) of the death in Australia of either a member of the employee’s immediate family or household.

7.2A.1(b) Death outside Australia

A full-time employee is entitled to up to 16 hours bereavement leave on each occasion, and on production of satisfactory evidence (if required by the employer) of the death outside Australia of either a member of the employee’s immediate family or household, where the employee travels outside Australia to attend the funeral.

7.2A.1(c) Part-time employees

A part-time employee is entitled to two days bereavement leave without loss of pay, up to a maximum of 16 hours on the same basis as prescribed for full-time employees in 7.2A.1(a) and 7.2A.1(b) except that leave is only available where a part-time employee would normally work on either or both of the two working days following the death.

7.2A.2 Unpaid leave

An employee may take unpaid bereavement leave by agreement with the employer.

7.3 JURY SERVICE

Summary

Full time and part time employees attending for jury service are entitled to have their pay made up to what they would have received for working ordinary time. Employees must provide proof of attendance.

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

7.3.2 Where a part time employee is required to attend for jury service and such attendance coincides with a day on which the employee would normally be required to work, payment shall be made to the employee in accordance with Clause 7.3.1.

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

7.4 PARENTAL LEAVE

[Pt I:Pt 7:7.4 varied by Q2704; substituted by PR909399; PR964989 ppc 11Nov05]

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and 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 20 September 2001.

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

7.4.1 Definitions

7.4.1(a) 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.

7.4.1(b) Subject to 7.4.1(c), in this clause, spouse includes a de facto or former spouse.

7.4.1(c) In relation to 7.4.7, spouse includes a de facto spouse but does not include a former spouse.

7.4.2 Basic entitlement

7.4.2(a) 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.

7.4.2(b) Subject to 7.4.5(f), 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:

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

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

7.4.3 Variation of period of parental leave

Where an employee takes leave under 7.4.2(a) or 7.4.4(a)(ii), 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 7.4.2(a) or 7.4.4(a)(ii).

7.4.4 Right to request

7.4.4(a) An employee entitled to parental leave pursuant to the provisions of 7.4.2 may request the employer to allow the employee:

7.4.4(a)(i) to extend the period of simultaneous unpaid parental leave provided for in 7.4.2(b) up to a maximum of eight weeks;

7.4.4(a)(ii) to extend the period of unpaid parental leave provided for in 7.4.2(a) by a further continuous period of leave not exceeding 12 months;

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

to assist the employee in reconciling work and parental responsibilities.

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

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

The employee’s request and the employer’s decision made under 7.4.4(a)(ii) and 7.4.4(a)(iii) must be recorded in writing.

7.4.4(d) Request to return to work part-time

Where an employee wishes to make a request under 7.4.4(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

7.4.5 Maternity leave

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

7.4.5(a)(i) 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;

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

7.4.5(b) When the employee gives notice under 7.4.5(a)(i) 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.

7.4.5(c) 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.

7.4.5(d) Subject to 7.4.2(a) 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.

7.4.5(e) 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.

7.4.5(f) Special maternity leave

7.4.5(f)(i) 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.

7.4.5(f)(ii) 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.

7.4.5(f)(iii) 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.

7.4.5(g) Where leave is granted under 7.4.5(d), 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.

7.4.6 Paternity leave

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

7.4.6(a)(i) 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

7.4.6(a)(ii) written notification of the dates on which he proposes to start and finish the period of paternity leave; and

7.4.6(a)(iii) except in relation to leave taken simultaneously with the child’s mother under 7.4.2(b) and 7.4.4(a)(i) a statutory declaration stating:

7.4.6(a)(iii)(A) he will take that period of paternity leave to become the primary care-giver of a child;

7.4.6(a)(iii)(B) particulars of any period of maternity leave sought or taken by his spouse; and

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

7.4.6(b) The employee will not be in breach of 7.4.6(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.

7.4.7 Adoption leave

7.4.7(a) 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.

7.4.7(b) Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

7.4.7(b)(i) the employee is seeking adoption leave to become the primary care-giver of the child;

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

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

7.4.7(c) An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

7.4.7(d) 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.

7.4.7(e) 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.

7.4.7(f) 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.

7.4.8 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 7.4.4.

7.4.9 Transfer to a safe job

7.4.9(a) 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.

7.4.9(b) 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.

7.4.10 Returning to work after a period of parental leave

7.4.10(a) 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.

7.4.10(b) Subject to 7.4.10(d), 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 7.4.9, the employee will be entitled to return to the position they held immediately before such transfer.

7.4.10(c) 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.

7.4.10(d) 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.

7.4.10(e) 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.

7.4.11 Replacement employees

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

7.4.11(b) 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.

7.4.12 Communication during parental leave

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

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

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

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

7.4.12(c) The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 7.4.12(a).

7.5 PUBLIC HOLIDAYS

Summary

This clause describes an employee's (other than a casual employee) public holiday entitlements.

Full-time employees are generally entitled to 11 specified public holidays per year without loss of pay.

Other days can be substituted for any of the specified days by agreement between the employer and employees.

7.5.1 Prescribed Holidays

7.5.1(a) A full-time employee under this award is entitled to the following public holidays, without loss of pay:

New Year Day

Australia Day

Good Friday

Easter Saturday (In Tasmania, employees shall have one public holiday in lieu of Easter Saturday. This public holiday shall either be the relevant Show Day or another day agreed upon between the employer and the majority of employees concerned, other than a Saturday or a Sunday).

Easter Monday

Anzac Day

Queen's Birthday

Labour Day or Eight Hours' Day

Christmas Day

Boxing Day (In South Australia, except at Whyalla, Proclamation Day (26 December) shall be observed instead of Boxing Day)

Where another day is generally observed in a locality in substitute for any of the above days, that day shall be observed as the public holiday in lieu of the prescribed day.

7.5.1(b) In addition to the public holidays prescribed in 7.5.1(a), full-time employees are entitled to one additional public holiday without loss of pay. The additional public holiday which applies in each State is:

(i) In Queensland - the day gazetted for the local show in the appropriate area;

[Pt I:Pt 7:7.5.1(b)(ii) substituted by S5027 from 14Apr2000]

(ii) In New South Wales – the Tuesday immediately following Easter Monday but if that Tuesday is a gazetted or Proclaimed Public Holiday then on another day mutually agreed between the employer and the employee. The additional holiday is not cumulative and must be taken within each calendar year.

(iii) In Victoria - Melbourne Cup Day or a local equivalent;

(iv) In Tasmania - Regatta Day in Southern Tasmania (ie. in Oatlands and all towns south of Oatlands) and Recreation Day in Northern Tasmania (ie. all towns North of Oatlands);

(v) In South Australia - the third Monday in May.

7.5.1(c) Part-time Employees

Refer to 4.2.4(e) to determine the public holiday entitlements of part-time employees.

7.5.1(d) Substitution of Certain Public Holidays Which Fall on a Weekend

(i) Where Christmas Day falls on a Saturday or a Sunday, 27 December shall be observed as the public holiday in lieu of the prescribed day.

(ii) Where Boxing Day falls on a Saturday or a Sunday, 28 December shall be observed as the public holiday in lieu of the prescribed day.

(iii) Where New Year's Day or Australia Day falls on a Saturday or a Sunday, the following Monday shall be observed as the public holiday in lieu of the prescribed day.

7.5.1(e) Substitution of Public Holidays by Agreement at the Enterprise

(i) By agreement between the employer and the majority of employees in the relevant enterprise or section of the enterprise, an alternative day may be taken as the public holiday in lieu of any of the prescribed days.

(ii) An employer and individual employee may agree to the employee taking another day as the public holiday in lieu of the day which is being observed as the public holiday in the enterprise or relevant section of the enterprise.

7.5.1(f) Where in a State or Territory or locality within a State or Territory an additional public holiday is proclaimed or gazetted by the authority of the Commonwealth Government or of a State or Territory Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout that State or Territory or locality thereof, other than persons covered by Federal awards, or where such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day shall be deemed to be holiday for the purposes of this award for employees covered by this award who are employed in the State, Territory or locality in respect of which the holiday has been proclaimed or ordered as required.

7.5.2 Payment for Time Worked on a Public Holiday

7.5.2(a) Payment for Time Worked by Continuous Shift Workers on a Public Holiday

(i) Refer to 6.2.4(a) to determine the pay entitlements of continuous shift workers working on rostered shifts which fall on a public holiday.

[Pt I:Pt 7:7.5.2(a)(ii) corrected by Q2704 from 01Jul98]

(ii) Continuous shift workers required to work overtime on a public holiday shall be paid at double time. Refer to 6.4.10 and 6.4.11 to determine the rest break and meal allowance entitlements of continuous shift workers who work overtime on a public holiday.

[Pt I:Pt 7:7.5.2(a)(iii) inserted by Q2704 from 01Jul98]

(iii) Continuous shift workers required to work on a public holiday shall be paid for a minimum of three hours work.

7.5.2(b) Payment for Time Worked by Non-continuous Shift Workers on a Public Holiday

(i) Refer to 6.2.4(b) to determine the pay entitlements of non-continuous shiftworkers working on rostered shifts which fall on a public holiday.

[Pt I:Pt 7:7.5.2(b)(ii) corrected by Q2704 from 01Jul98]

(ii) Non-continuous shift workers required to work overtime on a public holiday shall be paid at double time and one half. The double time and a half is to be paid until the employee is relieved from duty. Refer to 6.4.10 and 6.4.11 to determine the rest break and meal allowance entitlements of non-continuous shift workers who work overtime on a public holiday.

[Pt I:Pt 7:7.5.2(b)(iii) inserted by Q2704 from 01Jul98]

(iii) Non-continuous shift workers required to work on a public holiday shall be paid for a minimum of three hours work.

7.5.2(c) Payment for Time Worked by Day Workers on a Public Holiday

(i) Day workers required to work on a public holiday shall be paid for a minimum of three hours work at double time and one half. The double time and a half is to be paid until the employee is relieved from duty.

[Pt I:Pt 7:7.5.2(c)(ii) deleted by Q2704 from 01Jul98]

7.5.3 Effect on Payment for Holidays if Absent on Working Day Before or After

Where an employee is absent from his or her employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, he or she will not be entitled to payment for the holiday.

7.5.4 Rostered Day Off Falling on Public Holiday

7.5.4(a) Except as provided for in 7.5.4(b), where a full-time employee's ordinary hours of work are structured to include a day off and such day off falls on a public holiday, the employee is entitled to, at the discretion of the employer, either:

7 hours and 36 minutes pay at ordinary rates; or

7 hours 36 minutes added to his or her annual leave; or

a substitute day off on an alternative week day.

This shall not apply where the rostered day off falls on a Saturday or a Sunday.

7.5.4(b) (i) Where an employee has credited time accumulated (see 5.11.6), then such credited time should not be taken as a day off on a public holiday.

(ii) If an employee is rostered to take credited time as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer shall allow the employee to take the time off on an alternative week day.

(iii) Paragraphs (i) and (ii) above shall not apply in relation to days off which are specified in an employee's regular roster or pattern of ordinary hours. Paragraph 7.5.4(a) shall apply in such circumstances.

7.5.5 Public Holidays Falling During a Period of Annual Leave

Refer to 7.1.6.

SCHEDULE A - INDUSTRIES COVERED BY AWARD

Subject to Clause 1.8 of this award, the industries and callings covered by this award are the engineering, metal working and fabricating industries in all their branches, and all industries allied thereto and include:

1. Mechanical and electrical engineering.

2. Shipbuilding and repairing.

3. Smithing.

4. Boilermaking and erection and repairing.

5. Bridge and girder construction and erection and repairing.

6. Steel fabrication, construction and erection, and repairing.

7. Welding.

8. Tool, die, gauge and mould making.

9. Sheet metal working.

10. Metal moulding.

11. Diecasting.

12. Stovemaking and repairing.

13. Agricultural implement making and repairing.

14. Metal pressing and stamping.

15. Porcelain enamelling.

16. Manufacture of porcelain enamels, oxides, glazes and similar materials.

17. Metal machining.

18. Ironworking.

19. Iron and steel pipe making and fabrication.

20. Window frame making and repairing.

21. Safe and strong-room making and repairing.

22. The manufacture, erection and installation, maintenance and repair of all forms of electrical machinery, apparatus and appliances, including valve - and globe manufacturing.

23. Radio, telephone and X-ray manufacturing, maintaining and repairing.

24. Manufacture of insulation materials and articles.

25. Wet and dry battery manufacturing and repairing.

26. Manufacture, erection, installation, maintenance and repair of electrical advertising equipment including neon signs.

27. Manufacture, erection, installation, maintenance and repair of fluorescent lighting.

28. The drawing and insulation of wire for the conducting of electricity.

29. The manufacture and repair of recording, measuring and controlling devices for electricity, fluids, gases, heat, temperature, pressure, time, etc.

30. The production by mechanical means of industrial gases (otherthan coal gas).

31. The making of canisters, drums and other metallic containers.

32. Galvanising, tinning and pickling.

33. Electroplateware manufacturing.

34. Electroplating of all types.

35. Processing of metals such as sherardising and bonderizing.

36. Lift and elevator making, repairing and maintenance.

37. Plastic moulding, casting or fabricating in synthetic resins, or similar materials and including the production of synthetic resins, powders, tablets, etc, as used in such processes.

38. Melting and smelting of metals.

39. Refrigerator manufacturing, maintaining and repairing.

40. Perambulator manufacturing and repairing.

41. Making, manufacture, installation, maintenance and repair of ventilating and air-conditioning plant and equipment.

42. Metal furniture manufacturing and repairing.

43. Kitchenware manufacturing.

44. Metallic toy and sporting goods manufacturing.

45. The making, assembling, repairing and maintenance of vehicles (except where such work is at present covered by another Federal award).

46. The manufacture of bolts, nuts, screws, rivets, washers and similar articles.

47. The manufacture of bright steel bars, rods, shafting, etc.

48. Making, manufacture, installation, maintenance and repair of scales and machines for measuring mass and equipment.

49. Making, manufacture, installation, maintenance and repair of watches and clocks, including cases.

50. Making, repairing, reconditioning and maintenance of motor engines, and/or parts thereof, and of the mechanical and electrical parts including the transmission and chassis of motor cars, motor cycles and other motor driven vehicles.

51. The making of metal motor body parts.

52. Japanning, enamelling, painting etc, of metallic articles.

53. Hand and machine engraving.

54. Badge and name-plate manufacturing, including chemical engraving.

55. Manufacture, testing and repair of water fittings.

56. Manufacture of any article or articles from metal wire.

57. Installation of all classes and types of electrical wiring equipment and plant, and the repair and maintenance thereof.

58. Generation and distribution of electric energy.

59. Manufacture of ceramic articles for use in the metal trades industries.

60. Making, manufacture, treatment, installation, maintenance, repair and reconditioning of any articles, part or component, whether of metal and/or other material in any of the foregoing industries.

61. Sorting, packing, despatching, distribution and transport in connection with any of the foregoing.

62. Making, manufacture, installation, construction, maintenance, repair and reconditioning of plant, equipment, buildings and services (including power supply) in establishments connected with the industries and callings described herein and maintenance work generally.

63. Every operation, process, duty and function carried on or performed in or in connection with or incidental to any of the foregoing industries.

All descriptions of industry or callings set out in this clause wherever expressed may be read either alternatively or collectively in any combination whatsoever.

SCHEDULE B - PERSONS, ORGANISATIONS, INDUSTRIES AND EMPLOYERS EXEMPTED FROM COVERAGE

[Part I - Schedule B - see also Common Rule Declaration PR954297 appended to this award]

The following persons, organisations, industries and employers are exempted from coverage under this award:

[Pt I:Sched B:1.0 deleted by Q2527 from 30Jun98]

[Pt I:Sched B:2.0 renumbered as 1.0 by Q2527 from 30Jun98]

1.0 BHP Steel (AIS) Pty Ltd, as to its employees at Port Kembla is exempt from this award.

[Pt I:Sched B:3.0 renumbered as 2.0 by Q2527 from 30Jun98]

2.0 Broken Hill Proprietary Company Limited as to its employees at Newcastle is exempt from this award.

[Pt I:Sched B:4.0 renumbered as 3.0 by Q2527 from 30Jun98]

3.0 The Broken Hill Proprietary Company Limited shall apply to its employees covered by the BHP Steel Long Products Division-Welded Products Plant Employee Relations Agreement registered under the New South Wales Industrial Relations Act the terms of that agreement in lieu of the terms of this award.

[Pt I:Sched B:5.0 renumbered as 4.0 by Q2527 from 30Jun98]

4.0 BHP Steel (AWI) Pty Ltd: This award shall not apply in respect of employees covered by the BHP Steel (AWI) Pty Ltd Geelong Wiremill Award 1994 (Print L5737 (B0402)) (or any award replacing or succeeding that award).

[Pt I:Sched B:6.0 renumbered as 5.0 by Q2527 from 30Jun98]

5.0 BHP Steel (AWI) Pty Ltd as to its employees at Newcastle is exempt from this award.

[Pt I:Sched B:7.0 renumbered as 6.0 by Q2527 from 30Jun98]

6.0 BHP Steel (AWI) Pty Ltd: This award shall not apply in respect of employees otherwise covered by the Australian Wire Industries Pty Ltd Sydney Wiremill Award of the Industrial Commission of New South Wales.

[Pt I:Sched B:8.0 renumbered as 7.0 by Q2527 from 30Jun98]

7.0 Electrical Trades: Employers in the State of New South Wales as to the employment of persons in connection with wiring contracting and the installation of electric light and power plants are exempt from this award. This exemption shall not apply to employers who are manufacturers or vendors of plant or equipment who install or maintain the said plant and equipment in high and low tension power stations and/or substations for the generation and/or transmission of electric power.

[Pt I:Sched B:9.0 renumbered as 8.0 by Q2527 from 30Jun98]

8.0 BHP Steel (JLA) Pty Ltd.

With the exception of matters provided for by clause 3 Area and Incidence, of the BHP Steel Sheet and Coil Products Division, Westernport Tradespersons Award 1994.

[Pt I:Sched B:10.0 renumbered as 9.0 by Q2527 from 30Jun98]

9.0 Master Plumbers, South Australia: This award shall not apply to master plumbers in South Australia except insofar as they may employ engineering or electrical tradespersons as such.

[Pt I:Sched B:11.0 renumbered as 10.0 by Q2527 from 30Jun98]

10.0 Metal Manufactures Limited: This award shall not apply to employees of Metal Manufactures Limited, New South Wales.

[Pt I:Sched B:12.0 renumbered as 11.0 by Q2527 from 30Jun98]

11.0 Oil Companies: This award shall not apply to employers bound by the Engineering (Oil Companies) Award 1980.

[Pt I:Sched B:13.0 renumbered as 12.0 by Q2527 from 30Jun98]

12.0 Plumbers: This award as to plumbers shall only apply to respondent employers whose establishments are predominantly metal trades establishments, but excluding plumbers whose normal duties in the classification require them to perform work away from the employer's establishment and plumbers employed by any respondent employer whose plant is principally concerned with the erection, repair, or demolition of buildings.

[Pt I:Sched B:14.0 renumbered as 13.0 by Q2527 from 30Jun98]

13.0 Queensland Sugar Industry: This award shall not apply to any employees in the sugar industry in Queensland, but this exemption shall not include employees of contractors, members of the Metal Trades Industry Association performing work in sugar mills, bulk sugar and molasses terminals, sugar refineries and sugar industry research organisations.

[Pt I:Sched B:15.0 renumbered as 14.0 by Q2527 from 30Jun98]

14.0 Rubber Industry: Named respondents, and respondent members of the Australian Chamber of Manufactures (all of whose employees are members of the National Union of Workers ) to the Rubber, Plastic and Cable Making Industry General Award 1996, and who are observing the said award shall not be bound by this award in respect to employees covered by the Rubber, Plastic and Cablemaking Industry General Award 1996.

[Pt I:Sched B:16.0 renumbered as 15.0 by Q2527 from 30Jun98]

15.0 Sandvik Australia Pty Limited and Sandvik Hard Materials Pty Limited shall apply to their employees covered by the Sandvik General Agreement registered under the New South Wales Industrial Relations Act the terms of that agreement in lieu of the terms of this award.

[Pt I:Sched B:17.0 renumbered as 16.0 by Q2527 from 30Jun98]

16.0 Tubemakers of Australia Limited: This award shall not apply to employees of Tubemakers of Australia Limited at its Kilburn Works, South Australia, except:

those employed in the following trades including apprentices: Blacksmiths, electrical fitters, electrical mechanics, machinists-first and second class, patternmakers, toolmakers, tradesperson engineers, welders special class, first class and second class;

Ironworkers associated with any of the foregoing trades;

Employees in the following classifications: Electroplater-1st, 2nd and 3rd class, Maker-up, Polisher 1st class and Polisher-other.

This award shall not apply in respect of employees covered by:

Tubemakers of Australia Limited Newcastle General Award

Tubemakers of Australia Limited Yennora General Award

Tubemakers of Australia Limited as to its employees at Mayfield NSW is exempt from clause 4.4 Severance Pay of this award.

[Pt I:Sched B:18.0 renumbered as 17.0 by Q2527 from 30Jun98]

17.0 Vehicle Industry: This award shall not apply to employers who are parties to and bound by the award known as the Vehicle Industry Award 1982 or any award subsequently made to replace it insofar as such employers are bound to observe that award towards their employees.

[Pt I:Sched B:19.0 renumbered as 18.0 by Q2527 from 30Jun98]

18.0 This award shall not apply to Security Personnel, Cleaners (subject to the next clause hereof) and gardeners.

[Pt I:Sched B:20.0 renumbered as 19.0 by Q2527 from 30Jun98]

19.0 This award shall apply to cleaners engaged in cleaning work only where the work is incidental to the performance of other work covered by this award or where the employee is engaged for the greater part of their working time in cleaning in engineering, metal working, fabricating, manufacturing, repairing or any other operation referred to in Schedule A of this award. This award shall not apply to cleaners principally engaged in the cleaning of offices, administrative buildings and canteens, nor in the cleaning of toilets and amenities which are separate and distinct from the production areas of the establishment.

SCHEDULE C - PROVISIONS APPLICABLE TO SPECIFIC INDUSTRY SECTORS, ENTERPRISES, PROJECTS OR GEOGRAPHICAL AREAS

1.0 APPLICATION OF THIS SCHEDULE

The provisions of this Schedule apply to various specific industry sectors, enterprises, projects or geographical areas.

2.0 ARRANGEMENT

This Schedule is arranged as follows:

1.0 APPLICATION OF THIS SCHEDULE

2.0 ARRANGEMENT

3.0 RATES OF PAY

3.1 Companies Exempt from Paying the Award Rate of Pay

3.2 unapprenticed juniors

3.3 air conditioning industry - queensland

3.4 air conditioning industry - south australia

4.0 ALL-PURPOSE ALLOWANCES

5.0 SPECIAL RATES

6.0 TUBEMAKERS OF AUSTRALIA (WARATAH)

7.0 ALTONA, VICTORIA

8.0 ASBESTOS ERADICATION

9.0 SUSPENSION OF EMPLOYEES

3.0 RATES OF PAY

3.1 Companies Exempt from Paying the Award Rate of Pay

3.1.1 The ordinary weekly wage for employees of the following companies in respect of whom a bonus scheme operates shall be the award rate as set out in Clause 5.1 of the Award less the amounts set out in the table in 3.1.2 below.

BHP Steel (AIS) Pty Ltd

Bullivant's Australia Company Pty Ltd

Sandvik Australia Pty Ltd

Lysaght Bros & Co Ltd

The Broken Hill Proprietary Co Limited

Tubemakers of Australia Ltd

[Pt I:Sched C:table renumbered as 3.1.2 by Q2704 from 01Jul98]

3.2 UNAPPRENTICED JUNIORS

3.2.1 Juniors Entitled to Adult Rate for Certain Operations

Juniors engaged on the following operations are entitled to receive the appropriate adult wage rate. Provided that any increase in award rates arising from this award variation shall be phased in through four equal instalments at six monthly intervals over a period of eighteen months from 4 November, 1997:

Angle iron cropping where the material weighs more than 5.2kg per metre and is not clamped.

Assisting steel furnace ladle operator other than in daubing or repairing ladles.

Assisting storeperson racking and/or loading and/or unloading off vehicles heavy steel plates, bars or sections.

Breaking up pig iron.

Carrying material to or from cupola forge or electric steel furnace or using the slicer or hanging on to end of a bloom. This shall not apply in the a case of junior moulders.

Cutting out and punching rivets or plates.

Cutting plates by means of hammer and cold set.

Plate edge planners in structural steel or ship building yards where the operator travels on the machine.

Punching machines handling plates of a mass more than 38kg.

Shearing machines other than guillotine plate shearers, handling plates of a mass of more than 38kg.

3.2.2 Unapprenticed Juniors In Foundries

[Pt I:Sched C:3.2.2 substituted by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

3.3 Air Conditioning Industry - Queensland

[Pt I:Sched C:3.3.1 corrected by Q2704 from 01Jul98]

3.3.1 In lieu of the weekly wage rate set out in clause 5.1 of this Award, metal trades employees employed by members of the Metal Trades Industry Association of Australia (MTIA) when performing air-conditioning work (as defined in this clause) in the State of Queensland shall be paid according to subclause 3.3.3, 3.3.4 and 3.3.5 hereof.

[Pt I:Sched C:3.3.2 corrected by Q2704 from 01Jul98]

3.3.2 See 5.1.1(d) of this Award for the criteria regarding absorption of safety net adjustments.

3.3.3 Workshop Tradesperson (Level C10)

[Pt I:Sched C:3.3.3 substituted by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

3.3.4 Other Adult Classifications

[Pt I:Sched C:3.3.4 substituted by Q1020 from 01Jul98; varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

Other adult employees shall be paid the undermentioned percentages of the total weekly award wage payable to the tradesperson classification concerned:

3.3.5 Apprentices

[Pt I:Sched C:3.3.5 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

Apprentices shall be paid a weekly award rate of pay calculated as follows:

Workshop

The sum obtain by applying the undermentioned percentages to the all purpose wage rate payable to a workshop tradesperson.

3.3.6 An employee in receipt of the above shall not be entitled to the special rates prescribed in subclause 5.9.3

3.3.7 An employee who is ordinarily engaged in the employer's workshop and who from time to time is required to perform work on site shall, in respect of such work, be entitled to a rate of wage calculated in accordance with the provisions of paragraph 5.1.4 of this Award.

3.3.8 Definitions:

3.3.8(a) “Composite special rates allowance” is an amount payable as compensation for peculiarities and disabilities associated with work in the airconditioning industry.

[Pt I:Sched C:3.3.8(b) corrected by Q2704 from 01Jul98]

3.3.8(b) “Airconditioning work” means the manufacture and fabrication of air conditioning and/or ventilation systems, but excludes the manufacture of packaged airconditioning units, thermostatic controls, water recirculation equipment, air volume regulators, diffusers, fans, heat exchange equipment and the like by means of mass production methods.

3.3.8(c) “Workshop tradesperson” means a tradesperson who may be engaged on the fabrication of straight duct work, and who in addition can fabricate such items as reducing pieces, lobsterbacks and other items, the fabrication of which requires general trade skills and knowledge.

[Pt I:Sched C:3.3.8(d) corrected by Q2704 from 01Jul98]

3.3.8(d) “Workshop employee 1” means an adult employee engaged on the fabrication of straightduct work where such work requires an employee to work from scaled prints of drawings, measure his own work, and exercises a degree of trade skill and knowledge. Included in the category are employees who are engaged in the operation of brake presses and guillotines.

3.3.8(e) “Workshop employee 2” means an adult employee engaged on the fabrication of duct work where the performance of such work does not require the exercise of trade skill and knowledge of the use of prints, drawing or measurements.

3.4 Air Conditioning Industry - South Australia

3.4.1 In lieu of the weekly wage rates set out in Clause 5.1 of this Award, metal trades employees employed by members of the Engineering Employers Association of South Australia, who are also members of the Air Conditioning and Mechanical Contractors Association of South Australia when performing air conditioning work ( as defined in clause 3.3.7 of this Schedule) in the State of South Australia shall be paid according to subclause 3.4.3, 3.4.4 and 3.4.5 hereof.

[Pt I:Sched C:3.4.2 corrected by Q2704 from 01Jul98]

3.4.2 See subclause 5.1.1(d) of this Award for the criteria regarding absorption of safety net adjustments.

3.4.3 Workshop Tradesperson (Level C10)

[Pt I:Sched C:3.4.3 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

3.4.4 Other Adult Classifications

[Pt I:Sched C:3.4.4 substituted by Q1020 from 01Jul98; varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

Other adult employees shall be paid the undermentioned percentages of the total weekly award wage payable to the tradesperson classification concerned:

3.4.5 Apprentices

[Pt I:Sched C:3.4.5 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

Apprentices shall be paid a weekly award wage rate calculated as follows:

Workshop - the sum obtained by applying the undermentioned percentages to the all purpose wage rate payable to a workshop tradesperson and adding thereto the same percentage of the composite special rates allowance.

3.4.6 An employee in receipt of the rates prescribed for employees in this subclause shall not be entitled to the special rates prescribed in sub-clause 5.9.3 of this award.

3.4.7 An employee who is ordinarily engaged in the employer's workshop and who from time to time is required to perform work on site shall, in respect of such work, be entitled to a rate of wage calculated in accordance with the provisions of paragraph 5.1.4 of this Award.

4.0 ALL-PURPOSE ALLOWANCES

The following allowances are applicable to various specific enterprises, projects or industry sectors as set out below. These allowances shall be paid for all purposes of the Award.

4.1 Construction Allowance - BHP Steel (AIS) Pty Ltd, Port Kembla

[Pt I:Sched C:4.1.1 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

4.1.1 Employees of contractors bound by the Metal, Engineering and Associated Industries Award, 1998, members of the Metal Trades Industry Association of Australia (MTIA) and Tubemakers of Australia Limited, engaged on construction work at the construction site of BHP Steel (AIS) Pty Ltd at Port Kembla shall be paid a construction allowance of $42.02 per week. This payment shall be made in compensation for the particular disabilities experienced on this site.

4.1.2 An employee in receipt of the construction allowances prescribed in subclause 4.1.1 of this Schedule shall not be entitled to any of the other special rates prescribed by subclause 5.9.3 of the award.

4.2 Construction Allowance - BHP Steel (AIS) Pty Ltd, Newcastle

[Pt I:Sched C:4.2.1 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

4.2.1 Employees of contractors bound by the Metal, Engineering and Associated Industries Award, 1998, members of the Metal Trades Industry Association of Australia (MTIA) engaged on construction work at the construction site of BHP Steel (AIS) Pty Ltd at Newcastle, shall be paid a construction allowance of $41.24 per week. This payment shall be made in compensation for the particular disabilities experienced on this site.

[Pt I:Sched C:4.2.2 corrected by Q2704 from 01Jul98]

4.2.2 An employee in receipt of the construction allowance prescribed in subclause 4.2.1 of this Schedule shall not be entitled to any of the other special rates prescribed by subclause 5.9.3 of this award.

4.3 Air Conditioning Allowance - New South Wales

[Pt I:Sched C:4.3.1 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

4.3.1 Sheet workers and their assistants employed by members of the Metal Trades Industry Association of Australia (MTIA) who are engaged on the manufacture of air conditioning equipment in the State of New South Wales shall be paid an amount of $51.34 per week as an air conditioning allowance in compensation for the various disabilities resulting from the work practices currently in force in the air conditioning industry in New South Wales.

4.3.2 Apprentices shall be paid the following allowances:

[Pt I:Sched C:4.3.2 substituted by Q1020 R5307 S8605 PR904632 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

[Pt I:Sched C:4.3.3 corrected by Q2704 from 01Jul98]

4.3.3 An employee in receipt of this allowance shall not be entitled to the special rates prescribed in subclause 5.9.3 of this award.

4.4 Allowance for Protective Equipment:

The following employees are specified in relation to sub-paragraph 5.9.2(f) of the award:

Employee when engaged in repairs to refrigeration plants outside the employer's premises

Pneumatic tool operator

Punch and shearing machine operator

An employee hauling underground cables or ring mains or similar ship cables

Employee using emery wheel

Employee using compressed air for blowing dust

Employee engaged in manual handling of materials over hot galvanising or tinning pots on pickling or plating baths

Employees engaged in welding

Employee repairing oil fired boilers

Employee working on live electrical equipment

5.0 SPECIAL RATES

5.1 No. 21 Dump BHP Steel (AIS) Pty Ltd Port Kembla

[Pt I:Sched C:5.1 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Fitters and electricians employed on the maintenance of plant and machinery in the slag removal area situated at No. 21 Dump, BHP Steel (AIS) Pty Ltd Port Kembla, shall be paid an amount of 92 cents per hour or part thereof.

5.2 NSW Sugar Milling Co-operative Limited

[Pt I:Sched C:5.2.1 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

5.2.1 Employees who are engaged in spot welding mill rollers shall be paid an allowance of $2.48 per hour for the actual time so engaged.

[Pt I:Sched C:5.2.2 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

5.2.2 Employees who are required to perform any work inside the door line of a boiler shall be paid $1.40 per hour in addition to the ordinary or overtime rates of pay whilst they are so engaged.

5.2.3 Disability Allowance

[Pt I:Sched C:5.5.3 deleted and inserted as 5.2.3 by Q1020 ppc 01Jul98]
[Pt I:Sched C:5.2.3(a) varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

5.2.3(a) In recognition of all disabilities associated with at Harwood, Broadwater and Condong Mills employees shall be paid an allowance of 47 cents per hour for each hour worked.

5.2.3(b) An employee in receipt of the disability allowance shall not be entitled to any of the other special rates prescribed in clause 5.9.3 of this award.

[Pt I:Sched C:5.2.3(c) corrected by Q2704 from 01Jul98]

5.2.3(c) The disability allowance shall not be paid to an employee in receipt of the allowance prescribed in clause 5.2.2 of this Schedule for performing work inside the door line of a boiler.

[Pt I:Sched C:5.2.3(d) corrected by Q2704 from 01Jul98]

5.2.3(d) The disability allowance shall be paid in addition to the allowance prescribed in clause 5.2.1 of this Schedule for employees engaged in spot welding mill rollers.

6.0 TUBEMAKERS OF AUSTRALIA (WARATAH)

Clauses 4A and 4B of Appendix B of the Metal Industry Award 1984 - Part 1 contained various provisions applicable to Tubemakers of Australia Limited as to its employees covered by the Award in or about its works at Waratah, New South Wales. Such provisions dealt with termination of employment (including redundancy). The removal of these provisions from the Award shall not reduce the entitlements of current and future employees.

7.0 ALTONA, VICTORIA

7.1 This clause shall be binding upon:

BASF Australia Ltd; and

Dow Chemical (Australia) Ltd with respect to their operations at Altona, Victoria .

7.2 This clause applies to all employees who are members or eligible to be members of the organisations listed in clause 7.3 who are engaged in any of the classifications, occupations, industries or callings specified in this award in clause 5.1 and Schedule A and who are employed by employers bound by this award.

7.3 This clause shall be binding upon:

7.3.1 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;

7.3.2 The Australian Workers Union;

[Pt I:Sched C:7.3.3 corrected by Q2704 from 01Jul98]

7.3.3 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

7.4 The terms of the Award shall apply except that the ordinary hours of work shall be 35 for all purposes and all rates of pay and other provisions of the Award shall be adjusted proportionally.

8.0 ASBESTOS ERADICATION

8.1 Application

This clause shall apply to workers engaged in the process of asbestos eradication on the performance of work within the scope of the Metal, Engineering and Associated Industries Award, 1998.

8.2 Definition

Asbestos eradication is defined as work involving the removal or any other method of neutralisation, of any materials, which consist of, or contain, asbestos.

8.3 Rate of Pay

[Pt I:Sched C:8.3 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Any worker involved in asbestos eradication or removal shall receive a rate of pay equivalent to not less than that of the relevant classification under clause 5.1 of the Award and a special rate of $1.48 per hour.

8.4 Other Conditions

The conditions of employment rates and allowances, except so far as they are otherwise specified in this clause, shall be the conditions of employment, rates and allowances of the Metal, Engineering and Associated Industries Award 1998 as varied from time to time.

9.0 SUSPENSION OF EMPLOYEES

[Pt I:Sched C:9.0 deleted by S0773 from 01Jul98]

9.0 METAL INDUSTRY (SHIP PAINTING AND DOCKING) AWARD 1993

[new Pt I:Sched C:9.0 inserted by Q2527 from 30Jun98]

9.1 Supersession

9.1.1 This award wholly supersedes the Metal Industry (Ship Painting and Docking) Award 1993 (M469) but no right obligation or liability accrued or incurred under that award or variation to it is to be Affected by this supersession.

9.1.2 Despite 9.1.1 and subject to Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996, the employees of the employers listed at subclause 9.2 of this schedule continue to be entitled to any terms and conditions to which employees were entitled under the Metal Industry (Ship Painting and Docking) Award 1993 where those terms and conditions are more favourable than those under this award.

9.2 Parties Bound and Award Application

9.2.1 This clause is binding upon:

9.2.1(a) The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and its members; and

9.2.1(b) The following employers:

G.H. Varley Engineers Pty Ltd, Cnr Parker and Everett Streets, Carrington NSW 2294

Garnock Engineering Pty Ltd, Shellharbour Road, Kemblawarra NSW 2505

Barney Point Engineering Pty Ltd, 43 Barney Street, Gladstone QLD 4680

Strang Patricks Stevedoring Pty Ltd, Maritime Wharf, Macarthur Avenue, Hamilton QLD 4007

Ships Maintenance and Cleaning, 31 Beville Street, Morningside QLD 4170

Mackay Slipway, Outer Harbour, Mackay QLD 4740

Townsville Slipway, Cnr Palmer and Plume Streets, South Townsville QLD 4810

Duke and Orr Dry Dock Pty Ltd, 47-51 Export Drive, Brooklyn VIC 3025

Lewmarine Pty Ltd, Western Beach, Geelong VIC 3220

Problend Pty Ltd, 115 Buckingham Street, Richmond VIC 3121

Perry Engineering, Railway Terrace, Mile End South SA 5031

Lincoln Engineering Pty Ltd, 36-40 Webb Street, Port Adelaide SA 5015

Adelaide Ship Construction, Moorhouse Road, Gillman SA 5013.

9.2.2 This clause applies to all employees engaged to perform work as ship painters and dockers who are members or eligible to be members of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and who are employed by the employers listed at subclause 9.2.1(b) of this schedule.

9.3 Savings

Employees of Lewmarine Pty Ltd who are employed within the scope of the Ship Painters and Dockers Award 1969 are to be subject to the terms and conditions of that award, as varied, and be engaged in the classifications and paid the rates of pay as contained in Schedule D of that award, save and except where this award provides terms or conditions which are more favourable than those of the Ship Painters and Dockers Award 1969.

10. AGRICULTURAL IMPLEMENT MAKING

[Pt I:Sched C:10 inserted by Q2527 from 30Jun98]

10.1 Incidence

10.1.1 This clause shall apply to employers in South Australia or Victoria who are members of an employer organisation listed in paragraph 10.1.2 and involved in the manufacture, assembly, repairing, replacing of agricultural implements, machinery and appliances (as defined in paragraph 10.1.3) and parts or components thereof.

10.1.2 Engineering Employers Association, South Australia Metal Trades Industry Association of Australia
Australian Chamber of Manufactures

10.1.3 For the purposes of this clause, "agricultural implements, machinery and appliances" means farming or pastoral equipment such as harvesters, headers, windmills for the purpose of pumping river or subterranean water, ploughs, harrows, discs, seeders, top-dressers, mowing equipment, mobile irrigation equipment, fruit and vegetable harvestings and sorting equipment and such other equipment as is used mainly or solely in the agricultural and or pastoral industry.

10.2 Supersession

This award wholly supersedes the Agricultural Implement Making Award 1980 (A0011) but no right, obligation or liability accrued or incurred under that award or variation to it shall be affected by such supersession.

10.3 Allowances

The following allowances apply in addition to, or where specified in substitution for, relevant provisions of clause 5.9 of Part I of this Award.

10.3.1 Motor Allowance

[Pt I:Sched C:10.3.1 varied by PR932048 PR947308 PR959867 PR975561; PR983703 ppc 01Oct08]

In lieu of the motor allowance in 5.9.2(a) of Part I of this Award, an allowance of 37 cents per kilometre travelled shall be paid where an employee reaches agreement with their employer to use their own motor vehicle on the employer's business.

10.3.2 Meal Allowance

[Pt I:Sched C:10.3.2 varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

In lieu of the meal allowance in 6.4.11 of Part I of this Award, a meal allowance of $10.42 applies. The meal allowance is payable in the same circumstances as the allowance in 6.4.11.

10.3.3 Damage to Clothing or Tools

In lieu of the allowance in 5.9.2(d) of Part I of this award, employees whose clothing or tools are damaged or destroyed by the use of acids shall be compensated to the extent of the damage sustained.

10.3.4 Motor Drivers

In addition to the C11 rate in 5.1.1(c) of Part I of this Award, the following special rates shall apply:

[Pt I:Sched C:10.3.4(a) varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

10.3.4(a) For each additional complete tonne over 5 tonnes - 74 cents per week extra.

[Pt I:Sched C:10.3.4(b) varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

10.3.4(b) Motor (not being a tractor) drawing a trailer - extra $1.23 per day for each loaded single axle trailer or $1.54 extra per day for each loaded trailer other than a single axle trailer, or an extra 86 cents per day for each empty trailer other than a single axle trailer; provided that not more than one trailer shall be drawn at any one time.

10.3.5 Articulated Vehicle (Semi Trailer)

[Pt I:Sched C:10.3.5 varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

For each additional complete tonne over 8 tonnes - 50 tonnes 74 cents per week extra.

10.3.6 Mobile Crane

[Pt I:Sched C:10.3.6 varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

For each additional complete tonne over 3 tonnes - 74 cents per week extra.

10.3.7 Fork Lift

[Pt I:Sched C:10.3.7 varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Where two or more fork lifts or cranes are engaged on any one lift the drivers thereof shall be paid an additional amount of $1.11 per day.

10.3.8 Tractor Driver

[Pt I:Sched C:10.3.8 varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Tractor (not being driven on road) drawing a trailer - extra $1.23 per day for each loaded single axle trailer or 69 cents extra per day for each empty single axle trailer or $1.54 extra per day for each loaded trailer other than a single axle trailer, or an extra 86 cents per day for each empty trailer other than a single axle trailer; provided that not more than one trailer shall be drawn at any one time.

10.3.9 Service Work Away From Ordinary Place of Employment

[Pt I:Sched C:10.3.9 varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee called upon to work away from his/her ordinary place of employment in starting, repairing and/or servicing agricultural implements and tractors shall be paid an additional $2.89 per day for all days necessitating living away from his/her ordinary residence, including Saturdays and Sundays.

10.4 Special Provisions Relating to John Shearer Limited Kilkenny South Australia

The following special provisions apply in relation to John Shearer Limited, Kilkenny, South Australia.

10.4.1 The following shall apply in addition to clause 5.9.4(b)(iv) - Travelling, Transport and Fares:

For all air travel, fares will be economy class.

10.4.2 The following shall apply in lieu of provisions dealing with the same or similar subject matter in clause 7.2.4 - Sick Leave:

An employee on weekly hiring who is absent from his/her work on account of personal illness, or on account of injury by accident arising out of and in the course of his/her employment, shall be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations;

10.4.2(a) He/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers compensation.

10.4.2(b) Employees may not be eligible for payment of sick leave unless advice of the absence from employment is given within one hour of the normal commencement of working time provided that if it is not reasonably practicable to inform the employer within one hour of the commencement time the employee shall inform the employer within four hours of such absence commencing.

10.4.2(c) The employee shall prove to the satisfaction of the employer that he/she was unable on account of such illness or injury to attend for work on the day or days for which sick leave is claimed.

10.4.2(d) Where the employer is not satisfied with the evidence presented in support of a claim for payment for absence of duty or in cases of chronic absenteeism, the employer may refer the employee to a private medical practitioner and any costs associated with this shall be borne by the employer.

10.4.2(e) Any employee who attends for work while on medication must report to the occupational health and safety nurse prior to commencement of duties.

10.4.3 Facilitative provisions and consultative arrangements which were introduced under clause 17 of appendix A of the Agricultural Implement Making Award 1980 may be continued.

11. SUPERSESSION

[Pt I:Sched C:11 inserted by T4830-T4914 from 19Dec00]

11.1 This award wholly supersedes the Ship Carpenters and Joiners Award 1965 (S0014) but no right, obligation or liability accrued or incurred under that award or variation to it is to be affected by this supersession.

11.2 Despite 11.1 and subject to Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Act 1996, employees shall continue to be entitled to any terms and conditions to which employees were entitled under the Ship Carpenters and Joiners Award 1965 where those terms and conditions are more favourable than those under the award.

11.3 The provisions of this subclause shall not be read so as to extend the operation of this Award into the State of Western Australia.

SCHEDULE D - CLASSIFICATION DEFINITIONS

[Pt I:Sched D:1 varied by PR949880; substituted by PR965978 ppc 02Dec05]

1.1 CLASSIFICATION STRUCTURE

Note: The percentage relativities column reflects the percentages prescribed in the decision of Deputy President Keogh at Print J2043. The percentage relativities column does not reflect flat dollar arbitrated safety net adjustments.

* Wage relativities after full minimum rate and broadbanding adjustments.

Note: Where an employee is performing supervisory responsibilities, they are to be classified in accordance with the Trainer/Supervisor/Coordinator definitions.

Trainer/Supervisor/Coordinator

Level 1 - 122% of the highest rate paid to those supervised.

Level 2 - 115% of the highest rate paid to those supervised.

1.2 CLASSIFICATION DEFINITIONS

Note: The following classification definitions should be read in conjunction with:

the stream and field definitions in subclause 1.4.3 and 1.4.75 respectively:

the definitions of “or equivalent”, “work within the scope of this level” and “Engineering Associate” at the end of this Schedule;

the National Metal and Engineering Competency Standards Implementation Guide especially Table 2 of that Guide which shows the alignment between old and new titles under the Australian Qualifications Framework. For example Advanced Certificates are now known as National Diplomas and Associate Diplomas as National Advanced Diplomas;

Clause 5.1.3 (f) Points.

Trainer/Supervisor/Coordinator - Level 1

A Trainer/Supervisor/Coordinator - Level I is an employee who is responsible for the work of other employees and/or provision of structured on-the-job training. Such an employee has completed a qualification at AQFIII level or above, of which at least one third of the competencies are related to supervision/training, or equivalent.

Notwithstanding the above definition an employee who is mainly engaged to perform work supervising or coordinating the work of other employees and who has sufficient additional training beyond that of those coordinated or supervised so as to enable the employee to perform work within the scope of this level shall be classified at this level.

Trainer/Supervisor/Coordinator - Level II

A Trainer/Supervisor/Coordinator - Level II is an employee who is responsible for the supervision and/or training of Trainers/Supervisors/Coordinators - Level I. Such an employee has completed an AQF IV or V qualification or equivalent of which at least 50% of the competencies are in supervision/training.

WAGE GROUP: C14

Engineering/Production Employee - Level I

As Engineering/Production Employee - Level I is an employee who is undertaking up to 38 hours induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance.

An employee at this level performs routine duties essentially of a manual nature and to the level of his/her training:

(i) performs general labouring and cleaning duties

(ii) exercises minimal judgement

(iii) works under direct supervision or

(iv) is undertaking structured training so as to enable them to work at the C13 level.

WAGE GROUP: C13

Engineering/production Employee - Level II

An Engineering/Production Employee - Level II is an employee who has completed up to three months structured training so as to enable the employee to perform work within the scope of this level.

An employee at this level performs work above and beyond the skills of an employee at C14 and to the level of his/her skills, competence and training.

(i) Works in accordance with standard operating procedures and established criteria;

(ii) Works under direct supervision either individually or in a team environment;

(iii) Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

(iv) Understands and utilises basic statistical process control procedures;

(v) Follows safe work practices and can report workplace hazards.

WAGE GROUP: C12

Engineering/Production Employee - Level III

An Engineering/Production Employee - Level III is an employee who has completed an Engineering Production Certificate I or Certificate II in Engineering or equivalent so as to enable the employee to perform work within the scope of this level.

An employee at this level performs work above and beyond the skills of an employee at C13 and to the level of his/her skills, competence and training.

(i) Is responsible for the quality of his/her own work subject to routine supervision;

(ii) Works under routine supervision either individually or in a team environment;

(iii) Exercises discretion within his/her level of skills and training;

(iv) Assists in the provision of on the job training.

WAGE GROUP: CII

Engineering/Production Employee - Level IV

An Engineering/production Employee - Level IV is an employee who has completed an Engineering Production Certificate II or Certificate II in Engineering - Production Technology or equivalent so as to enable the employee to perform work within the scope of this level.

An employee at this level performs work above and beyond the skills of an employee at C12 and to the level of his/her skills, competence and training.

(i) Works from complex instructions and procedures;

(ii) Assists in the provision of on-the-job training;

(iii) Co-ordinates work in a team environment or works individually under general supervision;

(iv) Is responsible for assuring the quality of his/her own work.

WAGE GROUP: C10

Engineering Tradesperson - Level I

An Engineering Tradesperson - Level I is an employee who holds a trade certificate or tradespersons rights certificate or equivalent as an:

(i) Engineering Tradesperson (Electrical/Electronic) - Level I;

(ii) Engineering Tradesperson (Mechanical) - Level I;

(iii) Engineering Tradesperson (Fabrication) - Level I;

(iv) or equivalent

and is able to exercise the skills and knowledge of the engineering trade so as to enable the employee to perform work within the scope of this level.

An Engineering Tradesperson - Level I works above and beyond an employee at C11 and to the level of his/her skills, competence and training.

(i) Understands and applies quality control techniques;

(ii) Exercises good interpersonal and communications skills;

(iii) Exercises keyboard skills at a level higher than C11;

(iv) Exercises discretion within the scope of this classification level;

(v) Performs work under limited supervision either individually or in a team environment;

(vi) Operates lifting equipment incidental to his/her work;

(vii) Performs non-trade tasks incidental to his/her work;

(viii) Performs work which while primarily involving the skills of the employee's trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training;

(ix) Able to inspect products and/or materials for conformity with established operational standards.

Production Systems Employee

A Production Systems Employee is an employee who, while still being primarily engaged in Engineering /Production work applies the skills acquired through the successful completion of an Engineering Production Certificate III or Certificate of Engineering – Production Systems or equivalent in the production, distribution, or stores functions so as to enable the employee to perform work within the scope of this level.

A Production Systems Employee works above and beyond an employee at C11 and to the level of his/her skills, competence and training.

(i) Understands and applies quality control techniques;

(ii) Exercises good interpersonal communications skills;

(iii) Exercises discretion within the scope of this classification level;

(iv) Exercise keyboard skills at a level higher than C11;

(v) Performs work under limited supervision either individually or in a team environment;

(vi) Able to inspect products and/or materials for conformity with established operational standards.

WAGE GROUP: C9

Engineering Tradesperson - Level II
Engineering Technician - Level I

An Engineering Tradesperson - level II is an:

(i) Engineering Tradesperson (Electrical/Electronic) - Level II; or

(ii) Engineering Tradesperson (Mechanical) - Level II; or

(iii) Engineering Tradesperson (Fabrication) - Level II:

who has completed the minimum training requirements specified in Section 1.1 of this Schedule or equivalent.

An Engineering Tradesperson - Level II works above and beyond a tradesperson at C10 and to the level of his/her skills and competence and training performs work within the scope of this level.

(i) Exercises discretion within the scope of this classification;

(ii) Works under limited supervision either individually or in a team environment;

(iii) Understands and implements quality control techniques;

(iv) Provide trade guidance and assistance as part of a work team;

(v) Operates lifting equipment incidental to his/her work;

(vi) Performs non-trade tasks incidental to his/her work.

Engineering Technician - Level I

An Engineering Technician - Level I is an employee who has the equivalent level of training of a C9 Engineering Tradesperson or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level I are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.

At this level the employee is engaged on routine tasks in the technical fields.

WAGE GROUP: C8

Engineering Tradesperson - Special Class Level I
Engineering Technician - Level II

A Special Class Engineering Tradesperson - Level I means a:

(i) Special Class Engineering Tradesperson (Electrical/Electronic) - Level I;

or

(ii) Special Class Engineering Tradesperson (Mechanical) - Level I;

or

(iii) Special Class Engineering Tradesperson (Fabrication) - Level I;

who has completed the minimum training requirements specified in Section 1.1 of this Schedule or equivalent.

An Engineering Tradesperson Special Class - Level I works above and beyond a tradesperson at C9 and to the level of his/her skills, competence and training performs work within the scope of this level.

(i) Provides trade guidance and assistance as part of a work team;

(ii) Assists in the provision of training in conjunction with supervisors and trainers;

(iii) Understands and implements quality control techniques;

(iv) Works under limited supervision either individually or in a team environment;

(v) Operates lifting equipment incidental to his/her work;

(vi) Performs non-trade tasks incidental to his/her work.

Engineering Technician - Level II

An Engineering Technician - Level II is an employee who has the equivalent level of training of a C8 Engineering Tradesperson Special Class - Level I or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level II are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.

At this level the employee is required to exercise judgment and skill in excess of that required at C9 under the supervision of technical or professional staff.

WAGE GROUP: C7

Engineering Tradesperson - Special Class Level II
Engineering Technician - Level III

A Special Class Engineering Tradesperson - Level II means a:

(i) Special Class Engineering Tradesperson (Electrical/Electronic) - level II; or

(ii) Special Class Engineering Tradesperson (Mechanical) - Level II;

or

(iii) Special Class Engineering Tradesperson (Fabrication) - Level II; or

(iv) Higher Engineering Tradesperson

who has completed the minimum training requirements specified in Section 1.1 of this Schedule or equivalent.

An Engineering Tradesperson - Special Class Level II works above and beyond a tradesperson at C8 and to the level of his/her skills, competence and training performs work within the scope of this level.

(i) Is able to provide trade guidance and assistance as part of a work team;

(ii) Provides training in conjunction with supervisors and trainers;

(iii) Understands and implements quality control techniques;

(iv) Works under limited supervision either individually or in a team environment;

(v) Operates lifting equipment incidental to his/her work;

(vi) Performs non-trade tasks incidental to his/her work.

Engineering Technician - Level III

Engineering Technician - Level III is an employee who has the equivalent level of training of a C7 - Engineering Tradesperson Special Class Level II or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level III are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.

At this level the employee is engaged in detail draughting and/or planning or technical duties requiring judgement and skill in excess of that required of a technician at C8 under the supervision of technical or professional staff;

WAGE GROUP: C6

Advanced Engineering Tradesperson - Level I
Engineering Technician - Level IV

An Advanced Engineering Tradesperson - Level I means an:

(i) Advanced Engineering Tradesperson (Electrical/Electronic) - Level I; or

(ii) Advanced Engineering Tradesperson (Mechanical) - Level I; or

(iii) Advanced Engineering Tradesperson (Fabrication) - Level I

who has completed the minimum training requirements specified in Section 1.1 of this Schedule or equivalent.

An Advanced Engineering Tradesperson - Level I works above and beyond a tradesperson at C7 and to the level of his/her skills, competence and training performs work within the scope of this level.

(i) Undertakes quality control and work organisation at a level higher than for C7;

(ii) Provides trade guidance and assistance as part of a work team;

(iii) Assists in the provision of training to employees in conjunction with supervisors/trainers;

(iv) Works under limited supervision either individually or in a team environment;

(v) Prepares reports of a technical nature on specific tasks or assignments;

(vi) Exercises broad discretion within the scope of this level;

(vii) Operates lifting equipment incidental to his/her work;

(viii) Performs non-trade tasks incidental to his/her work.

Engineering Technician - Level IV

An Engineering Technician - Level IV is an employee who has the equivalent level of training of a C6 - Advanced Engineering Tradesperson Level I or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level IV are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.

At this level the employee is engaged in detail draughting and/or planning and/or technical duties requiring judgement and skill in excess of that required of a technician at C7 under the supervision of technical and/or professional staff

WAGE GROUP: C5

Advanced Engineering Tradesperson - Level II
Engineering Technician - Level V

An Advanced Engineering Tradesperson - level II means an:

(i) Advanced Engineering Tradesperson (Electrical/Electronic) - Level II; or

(ii) Advanced Engineering Tradesperson (Mechanical) - Level II; or

(iii) Advanced Engineering Tradesperson (Fabrication) - Level II

who has completed the minimum training requirements specified in Section 1.1 of this Schedule or equivalent.

An Advanced Engineering Tradesperson - Level II works above and beyond a tradesperson at C6 and to the level of his/her skills, competence and training performs work within the scope of this level.

(i) Provides technical guidance or assistance within the scope of this level;

(ii) Prepares reports of a technical nature on tasks or assignments within the employee's skills and competence;

(iii) Has an overall knowledge and understanding of the operating principle of the systems and equipment on which the tradesperson is required to carry out his/her task;

(iv) Assists in the provision of on-the-job training in conjunction with supervisors and trainers;

(v) Operates lifting equipment incidental to his/her work; .

(vi) Performs non-trade tasks incidental to his/her work.

Engineering Technician - Level V

An Engineering Technician - Level V is an employee who has the equivalent level of training of a C5 - Advanced Engineering Tradesperson Level II or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Engineering Technician Level V are in the technical fields as defined by this Award including draughting, planning or technical tasks requiring technical knowledge.

At this level the employee is required to exercise judgment and skill in excess of that required at level C6.

WAGE GROUP: C4

Engineering Associate - Level I

An Engineering Associate - Level I means an employee who works above and beyond a technician at level C5 and who has completed the minimum training requirements specified in Section 1.1 of this Schedule or equivalent and is engaged in.

(i) Making of major design drawings or graphics or performing technical duties in a specific field of engineering, laboratory or scientific practice such as research design, testing, manufacture, assembly, construction, operation, diagnostics and maintenance of equipment facilities or products, including computer software, quality processes, occupational health and safety and/or standards and plant and material security processes and like work; or

(ii) Planning of operations and/or processes including the estimation of requirements of staffing, material cost and quantities and machinery requirements, purchasing materials or components, scheduling, work study, industrial engineering and/or materials handling process.

WAGE GROUP: C3

Engineering Associate - Level II

An Engineering Associate - Level II means an employee who works above and beyond an Engineering Associate at level C4 and who has successfully completed the minimum training requirements specified in Section 1.1 of this Schedule or equivalent and is engaged in:

(i) Performing draughting, or planning or technical duties which require the exercise of judgment and skill in excess of that required by an engineering associate at level C4; or

(ii) Possesses the skills of an Engineering Associate - Level I in a technical field and exercises additional skills in a different technical field as defined.

WAGE GROUP: C2(a)

Leading Technical Officer
Principal Engineering Trainer/Supervisor/Coordinator

Leading Technical Officer means an employee who works above and beyond an Engineering Associate - Level II at level C3 and has successfully completed a national advanced diploma or equivalent and sufficient additional training so as to enable the employee to perform work within the scope of this level. An employee at C2(a) is able to perform or coordinate work in more than one engineering, scientific or technical field as defined, or performs duties in a technical, engineering or scientific field which requires the exercise of judgement and/or skill in excess of that required of an Engineering Associate - Level II.

Principal Engineering Trainer/Supervisor/Coordinator

Principal Engineering Trainer/Supervisor/Coordinator means a Trainer/Supervisor/ Coordinator who has completed a national advanced diploma or equivalent of which at least 50% of the competencies are in supervision/training and who when engaged at this level:

(i) Possesses a sound knowledge of occupational health and safety, industrial relations, and communications processes and is able to use this knowledge in training and leading the work of others;

(ii) Possesses a general knowledge and awareness of the administrative, business, and marketing strategies of the enterprise;

Indicative of the tasks which an employee at this level may perform are as follows:

Plans, writes and delivers training programs for all engineering/production employees, apprentices, trainees, trade and lower technical levels;

Plans and directs the work of engineering/production employees especially in new work organisation environments, eg, group work arrangements, CIM production techniques.

WAGE GROUP: C2(b)

Principal Technical Officer

A Principal Technical Officer works above and beyond an employee at the C2a level and who has successfully completed sufficient additional training to enable the employee to perform work within the scope of this level in addition to a national advanced diploma or equivalent. Within organisational policy guidelines and objectives a principal technical officer:

(i) Performs work requiring mature technical knowledge involving a high degree of autonomy, originality and independent judgement;

(ii) Looks after and is responsible for projects and coordinating such projects with other areas of the organisation as required by the operation of the organisation;

(iii) Is responsible for the coordination of general and specialist employees engaged in projects requiring complex and specialised knowledge;

(iv) Plans and implements those programs necessary to achieve the objectives of a particular project;

(v) In the performance of the above functions, applies knowledge and/or guidance relevant in any or all of the fields of designing, planning and technical work as required by the company's operation;

(vi) Operates within broad statements of objectives without requiring detailed instructions; or

(i) Performs work at the above level of skill in a particular technical field;

(ii) Has as the overriding feature of his/her employment the ability to perform creative, original work of a highly complex and sophisticated nature;

(iii) Provides specialised technical guidance to other employees performing work within the same technical field.

“Or equivalent”

Where it appears in these classification definitions, the phrase "or equivalent" means:

(i) Any training which a registered provider (eg. TAFE), or State Recognition authority recognises as equivalent to an accredited course which the Manufacturing Industry Skills Council (MISC) recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications

OR

(ii) Where competencies meet the requirements set out in the MISC competency standards in accordance with the National Metal and Engineering Competency Standards Implementation Guide.

“Work within the scope of this level”

Where it appears in these classification definitions, the phrase “work within the scope of this level” means:

1. For an employee who does not hold a qualification listed as a minimum training requirement, the employee shall apply skills within the enterprise selected in accordance with the Implementation Guide. Competencies selected must be competency standards recognised as relevant and appropriate by MISC and as endorsed by the National Training Quality Council.

2. Where an employee has a qualification, section 5.1.3(c)(ii) of this Award should be followed.

Engineering Associate

Where it appears in these classification definitions, the phrase “Engineering Associate” is defined as a generic term which includes technical officers in a wide range of disciplines including laboratories and quality assurance; draughting officers; planners and other para-professionals.

SCHEDULE E - EMPLOYERS BOUND BY AWARD

The following employers are bound by this Award:

New South Wales

ACI Formould Kirrawee, 25-27 Waratah Street, Kirrawee 2232
ACI Petalite, PO Box 663, Blacktown 2148
ACI Plastics, 11-13 Percy Street, Auburn 2144
Addis (Australia) Pty Ltd, 135 Church Road, Ryde 2112
Australian Industrial Refractories Ltd, Gavey Street, Mayfield 2304
Australian Wire Industries Pty Ltd, 37-49 Pitt Street, Sydney 2000
Babors Plastics, 24 Murray Street, Marrickville 2204
BHP Steel (Aust) Pty Ltd, Level 14, 1 Castlereagh Street, Sydney 2000
Bullivants Pty Ltd, 62-64 O'Riordan Street, Alexandria 2015
Corotone Pty Ltd, Lot 3, Redfern Street, Wetherill Park 2167
Crystallite Plastics, 2-14 Bermil Street, Rockdale 2216
C S R Chemicals Ltd, Mary Street, Rhodes 2138
C S R Limited, 1-7 O'Connell Street, Sydney 2000
Clifford Love and Co Ltd, Hope Street, Enfield 2136
Coramic Aust Pty Ltd, 566 Gardeners Road, Mascot 2020
Cottees General Foods Ltd Soft Drink Division 36-52 Orange Grove Rd Liverpool 2170
Engineering Installations Contracting Pty Ltd, 63 Carlingford Street, Sefton 2162
Eveready, PO Box 11, Rosebery 2018
Finemores Pty Ltd, 85 Travers Street, Wagga Wagga 2650
General Plastics, Huntsmore Road, Minto 2566
Hardboards Australia Ltd, 118 Alfred Smith Street, Milsons Point 2061
Hardie Bathroom Products (Plastics Plant Division), 12-16 Blaxland Road, Campbelltown 2560
HPM Industries Pty Limited, 4 Hill Street, Darlinghurst 2010
Hyster Australia Pty Ltd, 1 Bullecourt Avenue, Milperra 2214
Kosciusko Thredbo Pty Ltd, Thredbo Village 2627
James N Kirby Products, PO Box 19, Rockdale 2216
The Labour Co-op, 571 Hunter Street, Newcastle 2300
M & H Group, Doyle Avenue, Unanderra 2526
Moore Rubber Mills Pty Ltd, 1024 Botany Rodd, Mascot 2020
Mountain Maid Foods Co-op Ltd, Kurragong Avenue, Batlow 2730
Nally Plastics, 98 Airds ROad, Minto 2566
Norton Pty Ltd, 25 Nyrang Street, Lidcombe 2141
NSW Sugar Milling Co-operative Limited
Penfolds Wines Pty Ltd, 634 Princes Highway, Tempe 2044
Pfizer Chemicals, Wharf Road, West Ryde 2114
Protector Safety Pty Limited, 137 McCredie Road, Guildford 2161
Rainsford Pty Ltd, Kingsgrove, 200 Kingsgrove Road, Kingsgrove 2208S
D Roberts Pty Ltd, 25 Regatta Road, Five Dock 2046
Roko Packaging, 44 Hiles Street, Alexandria 2015
Ruskin Plastics, PO Box 894, Lismore 2480
Safety & Industrial Supplies, 3 Melissa Street, Auburn 2144
STAL Regrigeration (Aust) Pty Limited, 20 Queen Street, Revesby 2212

State Dockyard, Newcastle 2300

Supertex Industries Ltd, 220 Henderson Road, Alexandria 2015
The Titan Manufacturing Co Pty Ltd, Woodstock Street, Mayfield 2304
Tubemakers of Australia Ltd, 1 York Street, Sydney 2000
United Distillers (Aust) Limited, 6/55 Grafton Street, Bondi Junction 2022
Vibacrete Industries Pty Ltd, 79 Union Road, Albury North 2640

Victoria

101 Collins Street Pty Ltd, 101 Collins Street, Melbourne 3000
ARCIC Investments Pty Ltd in respect of each and every person
employed by the respondent employer John Richmond Manufacturing, 18 Downard St, Braeside 3195.
Adman Holdings, Lot 9 Pietro Road, Heatherton 3202
Affinity Metals pty Ltd, 1648 Centre Road, Springvale 3171
AgFab Engineering Pty Ltd, 8 Oakdene Grove, Laverton 3030
Alan Beckwith Macbro, 1 Norris St Coburg North 3058
Arnos Australia Pty Ltd, 1226 Nepean Highway, Cheltenham 3192
Atlas Steels Limited - Manufacturing Division, Cliffords Road, Somerton 3062
Australian Safeway Stores, 522 Wellington Road, Mulgrave North 3170
BASF, Kororiot Creek Road, Altona 3018
Boral Australian Gypsum Limited, 676 Lorimer Street, Locked Mail Bag 3, Melbourne 3000
Boral Bricks (Vic) Limited
Brambles Australia Limited trading as Brambles Equipment, 2167
Princes Highway, Clayton 3168
Brambles Australia Limited trading as Brambles Equipment, 58 Weddell Road, North Geelong 3215
Brambles Tanker Division, McDonalds Road, Brooklyn 3025
The Broken Hill Proprietary Co Ltd, 600 Bourke Street, Melbourne
3000 except as to its operations in the State of South Australia.
Cablex Pty Ltd, 3/6 Burgess Road, Bayswater 3153
Catalyst Rectuitment Systems, Level 1, 36 Albert Street, South Melbourne 3205
Coles Supermarkets Pty Limited (``Coles''), 800 Toorak Road,
Tooronga 3146 at its distribution centre located at the corner of Pound Road and South Gippsland Highway in Hampton Park , in the State of Victoria
Colrain Southern Pty Ltd, 7th floor, 14 Queens Road, Melbourne 3004
Corrosion Technology Australia, 8 Fowler Road, Dandenong 3175
Cyclo Fans (Aust) Pty Ltd, 10 Lourvain Street Coburg 3085
Deer Park Engineering Pty Limited, 800 Ballarat Road, Deer Park 3023
Flagstaff Lighting, 51-53 Jessica Road, Campbellfield 3061
Fowler Engineering Group Pty Ltd, 6 Keppel Street, Shepparton 3630
Garden City Planters Pty Ltd, Lot 9 Pietro Road, Heatherton 3202
Garden City Plastics, Lot 11 Pietro Road, Heatherton 3202
Heller Manufacturing, Southern Road, Mentone 3194
Henselite (Australia) Pty Ltd, 16 Wreckyn Street, North Melbourne 3051
Hero Medical Pty Ltd, 2 Vautier Street, Elwood 3184
Hosokawa Mikropul Australasia - A Division of Hosokawa Micron
Australia Pty Ltd, 39 Wadhurst Drive, Boronia 3155
Hyde Park Tank Container Holdings Pty Limited, 35 McArthurs Road, Altona North, 3025

Javelin Electronics (Australiasia) Pty Ltd, PO Box 373, Mount Waverly 3149

John Beever (Aust) Pty Ltd, in so far as its operations in Victoria
Laminex Industries, Division of BTR, PO Box 110, Cheltenham 3192
M G Morrison and Co, PO Box 517, Sale 3850
Milnes Pty Ltd, Marong Road, Bendigo 3550
Moss Products Pty Ltd, 711 Clayton Road, Clayton South 3169
MTM Pty Limited, 23 Valley Street, South Oakliegh, in the State of Victoria
Nylex Corporation Limited, 17 Franklin Street, Huntingdale 3167
Ortech Industries Ltd, Allinghan St, Golden Square 3555
PBW Anchor Limited, 441 Grimshaw Street, Bundoora 3083
The Phosphate Co-operative Company of Australia Limited, in so far as its operations in Victoria
Pivot Limited in so far as its operations in Victoria
Safcol Foods Pty Ltd in so far as its operations in Victoria
Soche Pty Ltd, 5-7 Keith Campbell Court, Scoresby 3179
Stadt Industries Pty Ltd, 17 Haverlock Road, Bayswater 3153
Stranger Switchgear, a division of Morlynn Ceramics Pty Ltd , 194 Miller Street, West Preston 3072
TED Engineering Australia Ltd
Tip Top Bakeries, Cnr South Gippsland Hwy & Greens Road, Dandenong 3175
Townshend and Parker Gravity Die Casting Pty Limited, 136 Gaffney Road, Coburg 3058
Trimline (Vic) Pty Limited, 27 Central Avenue, Sunshine 3020
Tupperware Pty Ltd, 2A Lysterfield Road, Ferntree Gully 3156
Unilever Australia Ltd,1490 Ferntree Gully Road, Knoxfield 3180
Unilever Australia Ltd, 25 Lexia Place, Mulgrave 3170
Unilever Australia Ltd, 29 Whiteside Road, Clayton 3168
Unilever Australia Ltd, 164 Ingles Street, Port Melbourne 3207
Vic-Grain, 43 Lonsdale Street, Melbourne 3000
Vinidex, 86 Whiteside Road, Clayton 3168
Viscount Industries, PO Box 339, Mordialloc 3195
Westfield Shopping Centre Management Pty Ltd, PO Box 1, Southland Centre 3192
Woolworths Limited, 2-30 Dursley Road (cnr Fairfield Road), Yennora 2161

South Australia

Adelaide Brush Co Pty Ltd, Main Road, Littlehampton 5250
Adelaide Engineering Co Pty Ltd, 246 Waymouth Street, Adelaide 5000
Adelaide Fibreglass Service, 18 Pleasant Grove, Holden Hill 5088
Adelaide Rope & Twine Ltd, 156 Edward Street, Clarence Gardens 5034
Adelaide & Wallaroo Fertilisers Ltd, 22 Peel Street, Adelaide 5000
Adelaide Wheel & Rim Works, 308 South Road, Richmond 5033
Alwin Fisher (SA) Pty Ltd, Pymbrah Road, Mile End 5031
Angoves Pty Ltd, Bookmark Avenue, Renmark 5341
Arentz Engineering Pty Ltd, 36 Furness Avenue, Edwardstown 5039
Arnott, Motteram, Menz Pty Ltd, 23 Galway Avenue, Marleston 5033
Austek Engineering Pty Ltd, 1st floor, 185 Wakefield Street 5000
Australian Cotton Textile Industries Ltd, Actil Avenue, Woodville 5011
Australian Salt Co Ltd, 47 Greenhill Road, Parkside 5063
Balfour Wauchope Pty Ltd, 21 Mellor Street, Adelaide 5000

Beckers Pty Ltd, 70 Pym Street, Dudley Park, 5008

Berri Co-op Winery & Distillery Ltd, Glossop 5344
Henry Berry & Co Australasia Ltd, 368 South Road, Richmond 5033
M K Birrell & Co Pty Ltd, 22 Burwood Avenue, Woodville North 5012
A S Bissland Pty Ltd, 701 Port Road, Woodville Park 5011
Bourne Engineers Pty Ltd, Private Bail Bag, Pine Point 5571
Bradford Insulation (SA) Pty Ltd, 62 Bedford Street, Gillman 5013
Brimblecombe & Sons Pty Ltd, 168 Grand Junction Road, Blair Athol 5084
British Knife Co Ltd, Phillis Street, Wingfield 5013
Bronson's Dry Cleaners Pty Ltd, 12 Marion Street, Ethelton 5015
T H Brown & Sons Pty Ltd, 9 William Street, Mile End South 5031
A Burton & Son, Hogarth Road, Elizabeth South 5112
Century Batteries (SA), 28 Starr Avenue, North Plympton 5037
George Chapman Pty Ltd, 3 Unley Road, Parkside 5063
William Charlick Ltd, London Road, Mile End South 5031
Clarksons, 150 Grenfell Street, Adelaide 5000
Clemens Products (SA) Pty Ltd, Freebairn Street, Windsor Gardens 5087
Clisby Industries Pty Ltd, 74 Prospect Road, Prospect 5082
C H Clutterham Pty Ltd, 138 Carlisle Street, Glanville 5015
Consolidated Co-operative Wineries Ltd, Sturt Highway, Glossop 5344
Cooper & Sons Ltd, 9 Statenborough Street, Leabrook 5068
Corporation of the City of Adelaide, Town Hall, King William Street, Adelaide 5000
Corporation of the Town of Naracoorte, Naracoorte 5271
Cowells Group Ltd, Eastern Parade, Gillman 5013
Crompton & Sons (SA) Pty Ltd, 64 East Avenue, Beverley 5009
T A Cronin & Sons Pty Ltd, 63 Magill Road, Stepney 5069
Daylite Industries Pty Ltd, Gates Road, Hackham 5163
Diecut (SA) Pty Ltd, Southern Avenue, St Marys 5042
District Council of Berri, Berri 5343
District Council of Elliston, Elliston 5670
District Council of Tatiara, Bordertown 5268
G J Dix & Sons Pty Ltd, Renmark Avenue, Renmark 5341
Electric Power Tool Services Pty Ltd, 1 Whitemore Square, Adelaide 5000
Emmett Pty Ltd, 20 Bennett Avenue, Edwardstown 5039
Ernsmiths, 167 The Parade, Norwood 5067
Excell Motor Spring Works Pty Ltd, C/- Wilson, Bishop, Bowes & Craig, 173 Wakefield Street, Adelaide 5000
F & V Pressed Metal Co Pty Ltd, 954 Port Road, Albert Park 5014
F H Faulding & Co Ltd, 62 Dew Street, Thebarton 5031
Featherstone Engineering Co, 71 Glyde Street, Albert Park 5014
Feredays Pty Ltd, 5 Chalfront Way, Glengowrie 5044
Fibreboard Containers, Glenroy Street, Athol Park 5012
Finsbury Engineers Pty Ltd, 570 Torrens Road, Woodville North 5012
Flight Bros, 3 Waverley Avenue, Edwardstown 5039
D & J Fowler (Australia) Ltd, 14 King William Street, Adelaide 5000
Gardiner Gaskets (South Australia) Pty Ltd, Peachey Road, Elizabeth West 5113
G Gramp & Sons Pty Ltd, Rowland Flat 5350
Haden FMISI Pty Ltd, General Motors Site, PO Box 72, Elizabeth
5122 in the State of South Australia

Hallett Brick Industries Ltd, Hallett Street, Allenby Gardens 5009

R H Halliday Engineers Pty Ltd, 51 Woodlands Terrace, Edwardstown
Hamilton's Ewell Vineyards Pty Ltd, 186 Morphett Road, Glengowrie 5044
C H Hannaford Pty Ltd, 1253 Main Road, Para Hills West 5096
Hansen & Yunken (SA) Pty Ltd, 360 West Beach Road, Netley 5037
D G Harding (Constructions) Pty Ltd, 184 Smart Road, Street Agnes 5097
Thomas Hardy & Sons Pty Ltd, 2-8 Henley Beach Road, Mile End 5031
Harris Scarfe Ltd, 81 Rundle Mall, Adelaide 5000
Harvihil Pty Ltd, 307 Marion Road, North Plympton 5037
Heaslip Products Pty Ltd, 27 Burbridge Road, Mile End South 5031
G L Heath & Sons Pty Ltd, 2 Howie Avenue, Torrensville 5031
Messrs Len R Hore & Son, 273 Main North Road, Clare 5453
Irons Engineering Pty Ltd, 17 Croydon Road, Keswick 5035
Jenco Engineering Co Pty Ltd, 391 Churchill Road, Kilburn 5084
Sven Kallin Motors Ltd, 278 Flinders Street, Adelaide 5000
Laubman & Pank Pty Ltd, 62 Gawler Place, Adelaide 5000
Lewis Wheel Chairs Pty Ltd, 63 Wright Street, Adelaide 5000
McFarlane Bros Pty Ltd, 25 Humphries Terrace, Kilkenny 5009
Messrs John McKell & Sons, 15 Timpson Street, Port Adelaide 5015
M S McLeod Ltd, 176 Pulteney Street, Adelaide 5000
Alex P Mann Pty Ltd, 31 Quebec Street, Port Adelaide 5015
John Martin & Co Ltd, 100 Rundle Mall, Adelaide 5000
Mercantile Stevedores (SA) Pty Ltd, 124 Lipson Street, Port Adelaide 5015
Modern Metal Products Pty Ltd, 711 Grand Junction Road, Northfield 5085
Moore Road Machinery (SA) Pty Ltd, 475 Main North Road, Enfield 5085
Mount Barker Products Pty Ltd, 23 Alexandrina Road, Mount Barker 5251
Muggleton & Vawser Pty Ltd, 21 Pinn Street, St Marys 5042
Mullins Wheels Pty Ltd, 209 Grote Street, Adelaide 5000
Myer SA Stores Ltd, 36 Rundle Mall, Adelaide 5000
National Paper Vuepak Pty Ltd, 101-105 Port Road, Thebarton 5031
L O'Loughlin Pty Ltd, Wandearah Road, Port Pirie 5540
Onkaparinga Woollen Co Ltd, 1 South Road, Thebarton 5031
R G Pank Pty Ltd, 230 Franklin Street, Adelaide 5000
Pargaon Engineering Services pty Ltd, 1 Le Hunt Street, Prospect 5082
Penfolds Wines Pty Ltd, Tanunda Road, Nuriootpa 5355
Mr F Perdelwitz, 1 Brett Street, Edwardstown 5039
Philmac Pty Ltd, 53 Deeds Road, Plymton 5038
Pirelli Ericson Cables Ltd, 61-79 Morphett Road, Camden Park 5038
Pivot Limited, in so far as its operations in South Australia
Plant Equipment Co Pty Ltd, 71-73 Port Road, Thebarton 5031
Plastic Products (South Aust), 3-5 Paul Street, St Marys 5042
Polyproducts, 579 South Road, Regency Park 5010
Power Plant Pty Ltd, 307 Hanson Road, Wingfield 5013
Mr N A Probert, 37 Victoria Terrace, Mount Gambier 5290
Pulleys Australia, 30 The Parade, Kent Town 5067
Quarry Industries Ltd, 333 Marion Road, North Plympton 5037
Radio Rentals Ltd, 108 Main Road, Prospect 5082
Raven Products, 1279 South Road, St Marys 5042
Mr A D Redding, 11 Martin Terrace, Kadina 5554

Regal Furniture Pty Ltd, 32 Woodlands Terrace, Edwardstown 5039

Renmark Irrigation Trust, (The), 149 Murray Avenue, Renmark 5341
RM Plastics, 107 Wright Street, Adelaide 5000
L M Robertson Civil Engineering Pty Ltd, 99 Morphett Road, Camden Park 5038
Roche Bros (SA) Pty Ltd, 3 Symonds Street, Royal Park 5014
Rossitors Pty Ltd, 182 Unley Road, Unley 5061
Routley & Wigzell Pty Ltd, 1022 South Road, Edwardstown 5039
Russell Ads Pty Ltd, 171-174 West Terrace, Adelaide 5000
S A Cold Stores Ltd, 158 Railway Terrace, Mile End South 5031
S A Institute of Technology, North Terrace, Adelaide 5000
Sabco Ltd, Botting Street, Albert Park 5014
Sapfor Timber Mills Ltd, 19 North Terrace, Hackney 5069
Savage & Russell Pty Ltd, 15A Alfred Place, Beverley 5009
Savery's Pty Ltd, 510 South Road, Kurralta Park 5037
Schweppes Drinks, 382 Payneham Road, Payneham 5070
Sellers Atkins Pty Ltd, 29 South Road, Hindmarsh 5007
B Seppelt & Sons Ltd, 181-187 Flinders Street, Adelaide 5000
Singer Australia Ltd, 181 Waymouth Street, Adelaide 5000
South Australian Welding Specialists, 9 Nellie Avenue, Mitchell Park 5043
Southern Farmers Co-op Ltd, Railway Terrace, Mile End South 5031
Stockman Plumbing & Sheetmetal Works, 147 King William Road, Unley 5061
Stratco Metal Pty Ltd, 265 West Beach Road, Richmond 5033
Sunstrom's Radio Pty Ltd, 157 Port Road, Brompton 5007
H Tandy Pty Ltd, 223 Angas Street, Adelaide 5000
Tarac Barossa Pty Ltd, Tanunda Road, Nuriootpa 5355
Tolley, Scott & Tolley Ltd, 42 Nelson Street, Stepney 5069
Toora Vale (Berri) Pty Ltd, Toora Vale Road, Monash 5342
Torrens Tractor Parts Pty Ltd, 12 Brook Street, Port Adelaide 5015
E Treliving & Sons Pty Ltd, Unit 11, 601-603 Anzac Highway, Glenelg 5045
Truscott Electronics Pty Ltd, 64 Hindmarsh Square, Adelaide 5000
Tutts South Australia, Cnr Port Wakefield & Diagonal Roads, Cavan 5094
Messrs D F Wadham & Co, 43 Grove Avenue, Marleston 5033
E J Ward & Co Pty Ltd, 5 Wanda Avenue, Findon 5023
W E Ware & Co, 41 Hyland Terrace, Rosslyn Park 5072
P Weston & Son Pty Ltd, 608 Port Road, Allenby Gardens 5009
W Woodroofe Pty Ltd, 2 Theresa Street, Norwood 5067
Wool Bay Lime Pty Ltd, 1 Blight Street, Ridleyton 5008
Wooltana Industries Ltd, 62 Wingfield Road, Wingfield 5013

Tasmania

Finlayson Bros & Co Pty Ltd, Finlaysons Road, Devonport 7310
Jacksons' Lock Brass Works Pty Ltd, 106 Cameron Street, Launceston 7250
Jacksons' Lock Manufacturing Pty Ltd, 171 Ravenswood Road, Ravenswood, Launceston 7250
Johns Perry Hayward Division, Hobart Road, Breadalbane 7250
Nu Steel Furniture Pty Ltd, Merino Street, Kings Meadows, Launceston 7250
Wander (Australia) Pty Ltd, 85 Devonport Main Road, Quoiba 7310

Western Australia

City of Fremantle, 8 William Street, Fremantle 6160

Queensland

MBS Engineering Company Pty Limited
MBS Marine Engineering Pty Limited, 73 Industrial Avenue, Wacol 4076
Neumann Steel Pty Ltd, Nuban Street, Currumbin 4223

SCHEDULE F - BERNAFON AUSTRALIA PTY LTD

[Pt I:Sched F inserted by Q2704 from 01Jul98]

1.0 PURPOSE

The purpose of this interim order is to define the policy for the flexitime procedure within Bernafon Australia Pty Ltd of 512 Wickham Street, Fortitude Valley, Queensland. The purpose of flexitime is to allow staff to plan their attendance and working days more effectively and thereby improve their own efficiency and that of the company as a whole. However, it is important for all staff members to realise that the overriding priority is the maintenance of workflows and the achievement of the goals. If necessary, staff may be required to attend time outside core hours.

2.0 SCOPE

The scope of this interim order applies to all employees of Bernafon Australia Pty Ltd with the exception of employees engaged in part-time employment or fixed shifts.

3.0 FIELDS OF APPLICATION

The provisions of this interim order are applicable to the following:

3.1 Method of time recording;

3.2 Definition of core time;

3.3 Definition of flex period;

3.4 Definition of working hours;

3.5 Administration of flexitime credits and debits;

3.6 Allocation and approval of core time leave;

3.7 Implications of misuse.

4.0 REFERENCED DOCUMENTS

AA-004-OP Bernafron Australia Pty Ltd Procedure for Using Time Sheets.

5.0 METHOD OF TIME RECORDING

Work attendance at Bernafon Australia Pty Ltd is recorded by a time clock system where each employee is allocated an individual time clock key. The time clock calculates the total elapsed attendance of the employee over the recording period. Refer to Procedure AA-004-OP Procedure for Using Time Sheets.

The duration of a recording period is one calendar month.

Time sheets AA901-FO must be completed progressively by staff, to record absences from the place of work. These absences must be recorded and approved by the relevant superior. The Time Sheet must be submitted by the last working day of the month for processing by the Time Clerk. If a person’s absence stretches beyond the end of a recording period, the time sheet has to be submitted before the absence starts, with the exception of sickness or accidents.

6.0 DEFINITION OF CORE TIME

The core time specifies the time when all staff members must be present at their working places. Any absence during that period of time has to be notified to the supervisor.

The core times are fixed as follows:

09.00 am - 12.35 pm
01.35 pm - 04.00 pm

Between the two core time periods all staff members must take a lunch break of at least half an hour. The time clock system automatically stops accumulating time between the hours of 12.35 pm and 1.05 pm.

7.0 DEFINITION OF FLEX PERIOD

The flex period specifies the time gaps during which the staff members may commence or complete their work duties.

The flex periods are as follows;

07.30 am - 09.00 am
12.35 pm - 01.35 pm
04.00 pm - 06.00 pm

Due to the limited provision for opening the facility, any staff member wishing to start work before 8.00 am has to notify the supervisor (who has a set of keys) the day before. For the same reason, anybody wishing to continue work after 5.00 pm has to make sure that somebody having the keys to the building is around for that time.

8.0 DEFINITION OF ORDINARY WORKING HOURS

The nominal weekly working hours are 38 hours to be worked from Monday to Friday between the hours of 6.00 am and 6.00 pm. The daily working hours are calculated as follows:

At the commencement of each month the Time Clerk will enter the Target Hours for the month in the appropriate square of the Time Sheet.

9.0 ADMINISTRATION OF CREDIT AND DEBITS

The Time Clerk is responsible for processing the Time Sheets and determining the number of flex hour credits or debits.

Staff are allowed to carry from one recording period to the next a maximum deviation of 20 hours from the nominal working hours. However, where circumstances dictate, credit carryovers in excess of 20 hours are permissible but subject to the approval of the supervisor.

10.0 ALLOCATION AND APPROVAL OF CORE TIME LEAVE

Core time leave can be taken subject to the following conditions:

10.1 Core time leave must at all times be within the constraints of departmental efficiency, the amount of work to be done and the mutual agreement between the employee and the supervisor/manager.

10.2 The employee is entitled to a maximum of 6 core hours leave in a recording period to be taken either once a month or twice a month (2 times 3 hours).

10.3 Exceptions in excess of six core hours in one recording period require the approval of the General Manager.

11.0 IMPLICATIONS OF MISUSE

In order to have the flex time scheme functioning smoothly and fairly, all staff members are required to fill in the time sheets honestly and precisely. Any deliberate misuse to the benefit of a staff member will be considered as fraud and may lead to the immediate dismissal of the employee.

12.0 TERMINATION OF EMPLOYMENT

Upon termination of employment for any reason, banked time shall be treated as follows:

12.1 In the case of a credit, banked time shall be paid out at the appropriate overtime rate.

12.2 In the case of a debit, an amount equivalent to the number of hours at the ordinary hourly rate applicable to the employee may be withheld by the employer from monies due to the employee.

13.0 RELATIONSHIP TO PARENT AWARD

To the extent that this interim order should be inconsistent with the terms of the Metal, Engineering and Associated Industries Award, 1998, this interim order shall apply to the extent of the inconsistency.

14.0 PERIOD OF OPERATION

This appendix shall come into operation from the first pay period to commence on or after 30 September 1993 and shall continue in force until 30 September 1994.

METAL, ENGINEERING AND ASSOCIATED INDUSTRIES AWARD, 1998 - PART II - DRAUGHTING, PLANNING AND TECHNICAL EMPLOYEES

[Pt II inserted by Q2527 from 30Jun98]

[Part II - see also Common Rule Declaration PR954297 appended to this award]

1. TITLE

[Pt II:1 varied by PR954288 ppc 14Dec04]

This part of the award shall be known as the Metal, Engineering and Associated Industries Award 1998 - Part II - Draughting, Planning and Technical Employees. It is referred to throughout this part as "Part II". In Part II, references to “Part I” are to the Metal, Engineering and Associated Industries Award 1998 - Part I - Metal, Engineering and Associated Industries Employees.

2. COVERAGE AND PARTIES BOUND

2.1 Part II shall have the coverage set out in clause 1.6 and Schedule A of Part I in respect to employees engaged in the "Technical Field" (as defined in clause 1.4 of Part I) and the "Supervisor/Trainer Coordinator Field" (but only to those referred to in 1.4.7(d)(iii)).

2.2 The parties bound by Part II are:

2.2.1 The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

2.2.2 The employer organisations and their members as set out in 1.7.1(b) of Part I

2.2.3 Metal Manufactures Limited

2.2.4 The employers listed in clause 12 of Part II.

2.3 Subject to the exemptions and exceptions prescribed in clause 2.4 of this Part, Part II applies to all employees who are eligible to be members of the organisation listed in 2.2.1 of Part II who are engaged in any of the classifications, occupations, industries or calling specified in this award in clause 5.1 and Schedule A of Part I and who are employed by employers bound by Part II.

2.4 Exemptions From this Part

Part II does not apply to:

2.4.1 Persons mainly engaged in the supervision of employees where such employees are outside the coverage of this award.

[Pt II:2.4.2 substituted by S8809 from 01Jul98]

2.4.2 The companies listed in clause 14 of Part II.

2.4.3 The parties set out in Schedule B to Part I.

3. RELATIONSHIP TO OTHER AWARDS

Part II wholly supersedes the Metal Industry Award 1984 - Part II - Draughtsmen, Production Planners and Technical Officers but no right obligation or liability accrued or incurred under the award or variations to it shall be affected by such supersession.

4. RELATIONSHIP WITH PART I

The provisions of Part I do not apply to employees covered by Part II, except where it is stated in Part II that particular Part I provisions apply.

5. PRELIMINARY MATTERS

The following provisions of Part I apply to employees covered under Part II:

6. ENTERPRISE FLEXIBILITY

The following provisions of Part I apply to employees covered under Part II:

7. CONSULTATION AND DISPUTE RESOLUTION

The following provisions of Part I apply to employees covered under Part II:

8. EMPLOYMENT RELATIONSHIP

The following provisions of Part I apply to employees covered under Part II:

8.2 Casual Employment

[Pt II:8.2 substituted by PR912331 ppc 08Apr02]

The provisions of Clause 4.2.3 of Part I apply to employees covered by Part II except that casual employees under Part II are entitled to a casual loading of 17.5% and, in addition, are entitled to annual leave in accordance with the provisions of clause 11 of Part II, provided that a casual loading of 25% may apply in lieu of these entitlements.

Further to the requirement of Clause 4.2.3(c)(i) in Part I, an employer must, on engagement, settle with the employee then and there whether the alternative entitlement of a casual loading of 25% pursuant to this clause will apply to the employee, and record this decision. Any change to the original entitlement shall only be by mutual written agreement and placed on the employee’s record.

9. RATES OF PAY AND RELATED MATTERS

[Pt II:9.1 varied by PR959867 ppc 07Jun05]

9.1 The following provisions of Part I apply to employees covered under Part II:

9.2 Wage Rates

9.2.1 The provisions of 9.2.2 below apply in addition to 5.1.1(c) of Part I:

9.2.2 Employees who as at 20 September 1989 were employed under the Metal Industry Award 1984 -Part II shall receive in addition to the award rate prescribed in 5.1.1(c) of Part I:

9.2.2(a) 2% additional after completion of three years experience at level C9 (or three years in the case of an employee who had been classified in a higher trades classification such as tool-maker or patternmaker immediately prior to being classified C9);

9.2.2(b) 5% additional after completion of two years experience at level C4;

9.2.2(c) 7% additional after completion of four years experience at level C9 (or three years in the case of an employee who had been classified in a higher trades classification such as tool-maker or patternmaker immediately prior to being classified C9).

9.3 Classifications and Qualifications

9.3.1 In addition to the provisions of Schedule D of Part I, the following applies:

Wage Group C1

The definitions of work and rates of pay at this level and the requirements for progression from C2(b) technical classification to level C1 shall be as prescribed in the Metal, Engineering and Associated Industries Award, 1998 - Professional Engineers and Scientists.

9.3.2 Notification of Classification

The employer shall advise an employee of their classification within two weeks of being engaged under Part II or being promoted to a position within the scope of Part II.

9.3.3 In addition to the provisions of clause 5.2 (Training) of Part I, the following applies:

A person may acquire a relevant qualification for employment:

9.3.3(a) whilst already employed and appropriately classified under the award, as provided in clause 5.1 of Part I; or

9.3.3(b) prior to being employed and appropriately classified under the award, as provided in clause 5.1 of Part I; or

9.3.3(c) as a trainee, as set out in clause 9.6 of Part II; or

9.3.3(d) as a trainee under the National Training Wage Interim Award and clause 5.6 of Part I; or

9.3.3(e) as a cadet, as provided for in clause 9.8 of Part II.

9.4 Phasing in of Wage Rates for Employees Without Relevant Work Experience

9.4.1 The provisions of 9.4.1 below apply in addition to 5.1.1(e) of Part I:

9.4.2 An employee commencing work in technical fields who is without the appropriate qualification for C10 classifications or above (or who is undertaking training in the qualifications prescribed) and who has not met the equivalent standard in accordance with subclause 5.1.1(e) of Part I but who otherwise meets the requirements of the relevant classification definition shall be paid in Accordance with the following formula:

9.5 Lower Grade and Higher Grade Duty.

9.5.1 An employee who is called upon to perform work of a lower grade than that in which he/she is normally engaged, shall suffer no reduction of salary on that account.

9.5.2 An employee who is called upon to perform work of a higher grade than that in which he/she is normally engaged, shall be paid for the time so employed at the rate of the first year of the grading of the employee whose duties he/she is performing.

9.6 Trainees

9.6.1 Operation

The provisions of this clause shall apply to trainees engaged in all areas of Part II except as to Trainee Draughtspersons in certain States. Trainee Draughtspersons may be employed in Victoria, Queensland and South Australia only.

9.6.2 Definition

A trainee shall mean an employee of less than 21 years of age who is undergoing, and proves to the satisfaction of the employer when requested that he/she is continuing, a Certificate course appropriate to his/her work prescribed by the appropriate Education Department in each State or any course of least equivalent thereto.

9.6.3 Rates of Pay

[Pt II:9.6.3(a) varied by R7068 S6782 PR905123 PR918227 PR932048; PR947308; PR959867 ppc 07Jun05]

9.6.3(a) Trainees shall receive, as minimum rates of pay, the following percentages of the weekly award rate for classification level C9 in the area where employed, as prescribed in subclause 5.1.1(c) of Part I:

[Pt II:9.6.3(b) substituted by S6782 PR918227 PR932048 PR947308; PR959867 ppc 07Jun05]

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

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

9.6.4 Payment of Fees

9.6.4(a) Other than in South Australia, a trainee who attends in any one year not less than 80 per cent of the maximum possible attendances of the approved course at the training institution at which he/she is pursuing a course of study, and passes the annual examinations in that year, or if there is no examination, receives a satisfactory report, shall be reimbursed by the employer all fees paid by him/her for that course during that year. In the case of a trainee who complies with the foregoing requirement for attendances and who passes or receives a satisfactory report in a proportion of the subjects taken by him/her in any year, the employer shall reimburse a like proportion of fees.

9.6.4(b) The employer shall not, however, be required to reimburse fees or a proportion thereof for more than one year in excess of the period prescribed by the training institution for the approved course.

9.6.4(c) Provided that, where a trainee is in the employ of more than one employer in any school year, then the last such employer shall be liable only for the payment of fees pro rata to the period of employment with that employer.

9.6.5 Daytime Schooling

Trainees shall be allowed reasonable time (not exceeding an average of eight hours per week during a school term) for the purpose of attending classes in connection with the appropriate Certificate course on the same basis as apprentices in the establishment are allowed time off for day time schooling. For this purpose years of experience as a trainee shall be equivalent to years of apprenticeship.

9.7 Junior Tracers

[Pt II:9.7.1 varied by R7068 S6782 PR905123 PR918227 PR932048; PR947308; PR959867 ppc 07Jun05]

9.7.1 Junior tracers may be employed (except in NSW) and shall be paid the following percentage of the rate of pay for C12.

9.7.2 See 5.1.1(d) of Part I for the criteria regarding absorption of safety net adjustments.

9.8 Cadets

9.8.1 A "cadet" is a person without prior experience in the metal and engineering industry or other relevant experience who is employed under a contract of training with an employer to complete the training qualification for the C3 classification that is an associate diploma or equivalent. The cadet must have achieved 50% of the modules required for the qualification as a full-time or part-time student before commencing employment with that employer.

9.8.2 A cadet is entitled to be paid as follows:

9.8.3 The cadet is not entitled to be classified at C3 and paid 100% of the C3 rate, notwithstanding the fact that the qualification may have been obtained, until the 3 year program is completed and the requirements of the C3 classification definition are met.

9.9 Allowances

9.9.1 Allowance for the Application of Technical Computing Equipment.

[Pt II:9.9.1(a) varied by R7068 S6782 PR905123 PR918227 PR932048 PR947308 PR959867; PR969366 ppc 06Mar06; PR975561 PR978589; PR983703 ppc 01Oct08]

9.9.1(a) An allowance of $32.97 per week shall be paid to any employee who is required to use technical computing equipment (as defined in 9.9.1(b)) to perform work of a complex nature. Work of a complex nature includes:

(i) the application of new concepts in their field of work, including the use of three dimensional projections;

(ii) the development of specialised programs for technical computing applications;

(iii) system development, including the evaluation of existing and alternative systems ancillary software and/or hardware;

(iv) the provision of training on the system for users, including the development and evaluation of self-learn and/or teaching methods or software packages.

9.9.1(b) "Technical computing equipment" is defined as computer hardware, (including personal computers, micro computers, mini computers or mainframe computers) using software and/or engineering applications (including design, engineering, planning or data base programs) which are used for drafting, planning, quality control, machine programming, NC programming and engineering analysis.

9.9.1(c) This allowance is not payable for routine or repetitive functions, or where the system is used merely as an aid.

9.9.2 Clothing and Equipment

9.9.2(a) Where an Employee as a result of performing any duty required by the employer, and as a result of negligence of the employer, suffers any damage to or soiling of clothing or other personal equipment, including spectacles and hearing aids, the employer shall be liable for the replacement, repair or cleaning of such clothing or personal equipment including spectacles and hearing aids.

9.9.2(b) An employee shall not be required to provide more than the following items of equipment - compasses, two set squares, protractor, a 12 inch scale (or metric equivalent) and a slide rule.

9.9.2(c) Where an employee is required to work in abnormal conditions as to temperature, height, dirt, oil, wetness, danger, and the like, such reasonable precautions must be taken by the employer as may be necessary to facilitate the employee carrying out his/her duties with a maximum of safety and the employer shall reimburse the employee for the cost of purchasing the special clothing that is required for the abnormal conditions. The provisions of this paragraph do not apply where the special clothing required for the abnormal conditions is paid for by the employer.

9.9.3 Travelling Expenses

In addition to the provisions of 5.9.4(b)(i), (ii), (iii) and (iv) the following applies:

9.9.3(a) If an employee is directed to work at a place other than his/her usual place of employment and the means of transport by which he/she is directed to travel offers travellers' accommodation of more than one class, the fares which shall be payable under this clause shall be such as to enable him/her to travel first class.

9.9.3(b) An employee, should he/she so desire it, shall be reimbursed by the employer to the extent of a first class return fare to his/her usual place of residence in respect of his/her normal place of employment after each period of four weeks on "distant work" unless such work is inherent in the normal work of the establishment in which he/she is employed. "Distant work" shall mean work which renders it necessary for an employee to sleep at a place other than his/her usual place of residence in respect of his/her usual place of employment.

[Pt II:9.9.3(c) varied by R7068 S6782 PR905123 PR918227 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

9.9.3(c) Despite 9.12.1 and 9.12.2, air travel shall be either first or economy class, to be determined in accordance with the usual policy for company personnel including management. In the case of economy air travel, an allowance of $9.02 shall be paid for each meal period that occurs during the duration of the travel, provided that the employee did not receive a meal in flight for each period concerned.

9.10 Ship Trials

In the case of an employee engaged on ship trials, whether at wharf or in harbour or at sea, the provisions of 10.2 (Meal Breaks) of Part II do not apply, but all remaining clauses of Part II apply and, in addition thereto, the following provisions shall apply:

9.10.1 An employee's time for the purpose of computing the time of trial duty shall be deemed to commence at the time the employee is instructed to be on board the vessel, provided he/she is ready to go aboard at that time, and shall be deemed to terminate at the time the employee gains contact with the shore. Where such contact is obtained by the vessel's mooring at a wharf, contact shall be deemed to be gained when the gangway is lowered after mooring.

9.10.2 The maximum number of continuous hours an employee shall be required to be on duty shall be 12 hours. Should trials be planned for a longer duration a relief shift shall be arranged before leaving wharf.

9.10.3 A reasonable time, not less than 30 minutes, or as agreed upon, shall be allowed for each meal. Luncheon shall be provided and the time thereof shall be, as far as practicable, between 12 noon and 2.00 pm. If the employee is required to be on board before 7.00 a.m. breakfast shall be provided, and if the trial continues after 6.00 p.m. a light tea shall be provided. Where shifts are being worked, adequate meals shall be provided for each shift.

9.10.4 The following rates of pay shall be paid for time on duty as indicated:

9.10.4(a) Whilst vessel is at wharf - the rate payable pursuant to Part II for work performed on the days and at the time in question, plus 25 per cent of the ordinary daily rate for such work.

9.10.4(b) Whilst vessel is in harbour or at sea - the rate payable pursuant to Part II for work performed on the days and at the time in question, plus 50 per cent of the ordinary daily rate for such work.

9A. TRANSITIONAL WAGE RATES FOR VICTORIA—APPLICATION OF COMMON RULE AWARD

[Pt II:9A inserted by PR959867 ppc 07Jun05]

9A.1 Clause 9A of this part contains the transitional rates of pay and allowances for employers in the state of Victoria who were previously not bound by Part II of this award, but are now subject to the award by virtue of the award having been declared a common rule under s.141 of the Workplace Relations Act 1996.

9A.2 These transitional rates of pay and allowances shall not apply after the beginning of the first pay period commencing on or after 1 August 2005.

9A.3 Trainees—Rates of pay (clause 9.6.3)

9A.4 Junior tracers (clause 9.7.1)

9A.5 Allowances

10. HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME

10.1 The following provisions of Part I apply to employees covered under Part II:

6.1 Ordinary Hours of Work

6.2 Special Provisions for Shift Workers

6.3 Meal Breaks

6.4 Overtime (except for 6.4.8-Sunday Work and 6.4.11-Meal Allowance)

10.2 Meal Breaks.

Except as provided for in 9.14 (Sea Trials), in respect of employees covered under Part II, the meal break referred to in 6.3.1 of Part I must be not less than 30 minutes nor, more than one hour and must be between the hours of 11.30 am and 2.00 pm Monday to Friday for day workers. The time shall be as agreed between the employer and the majority of employees.

10.3 Morning and Afternoon Tea

10.3.1 Employees are entitled to a 10 minute morning tea rest period at a time fixed by the employer.

10.3.2 Employees shall be permitted without ceasing work to partake of refreshment in the afternoon.

10.4 Overtime Meal Allowance.

[Pt II:10.4 varied by R7068 S6782 PR905123 PR918227 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee is entitled to a meal allowance of $9.02 on each occasion that the employee is entitled to a rest break in accordance with subclause 6.4.10 of Part I, except where the employee is provided with an adequate meal where the employer has cooking and dining facilities. This rate also applies for the purposes of 7.5.2 of Part I (ie. meal allowances on public holidays).

10.5 Sunday Work

The provisions of 6.4.8 of Part I shall apply with the following amendments:

10.5.1 A four hour minimum applies in lieu of the three hour minimum in 6.4.8.

10.5.2 By mutual agreement between the employer and the employee concerned, one day in lieu may be given for each holiday worked and the day worked shall be paid at normal rates instead of the rate specified in 6.4.8.

10.6 Transport of Employees on Sundays.

The provisions of clause 6.4.12 of Part I shall apply also to work on Sundays for employees covered by Part II, except for continuous shift workers.

11. TYPES OF LEAVE AND PUBLIC HOLIDAYS

[Pt II:11.1 varied by PR903178; substituted by PR912331; PR969366 ppc 06Mar06]

11.1 The following provisions of Part I apply to employees covered under Part II:

11.2 Deferment of Annual Leave Loading

An employee and employer may agree to defer payment of the annual leave loading in respect of annual leave taken in single days, until at least five consecutive annual leave days are taken.

11.3 Entitlement to Personal Leave

[Pt II:11.3 Entitlement to sick leave title changed and substituted by PR969366 ppc 06Mar06]

An employee (other than a casual) who is absent from duty due to personal injury or sickness or 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, is entitled to personal leave in accordance with 7.2 of Part I provided that:

11.3.1 Employee must give notice

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 of 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 48 hours of the commencement of such absence.

11.3.2 Evidence supporting claim

An employee who is absent for a period in excess of two days, or has already been absent for an aggregate of four days in any year of service, is not entitled to further paid personal leave in that year, without the production of a medical certificate.

An employer may agree to accept a statutory declaration in lieu of the required medical certificate.

Nothing in this subclause limits the employer’s rights under 7.2.9 of Part I.

11.4 Public Holidays

11.4.1 Payment for Time Worked on a Public Holiday

The provisions of clause 7.5.2 of Part I shall apply with the following amendments:

11.4.1(a) A four hour minimum applies in lieu of the three hour minimum in 7.5.2(c)(i).

11.4.1(b) By mutual agreement between the employer and the employee concerned, one day in lieu may be given for each holiday worked and the day worked shall be paid at ordinary rates instead of the rate specified in 7.5.2.

11.4.2 Employees covered by this Part are not entitled to a holiday on any day on which the majority of persons employed in the particular establishment are not entitled to a holiday; provided always that if the majority of the employees in the particular establishment are entitled to a holiday on any day or days other than the days specified in 7.5.1 of Part I, the employees covered by this Part are entitled to a holiday on such day or days.

11.4.3 Transport of Employees on Holidays.

The provisions of clause 6.4.12 of Part I shall apply also to work on Holidays for employees covered by Part II, except for continuous shift workers.

12. SUMMARY OF IDENTICAL AND AMENDED PART I PROVISIONS WHICH APPLY TO PART II EMPLOYEES

12.1 Identical Provisions to Part I

[Pt II:12.1 substituted by PR969366 ppc 06Mar06]

The following Part I provisions apply to Part II employees without amendment:

12.2 Amended Part I Provisions

[Pt II:12.2 substituted by PR969366 ppc 06Mar06]

The following provisions apply to Part II employees. Such provisions are amended versions of various Part I provisions. Such provisions either add to, or amend, or replace relevant provisions in Part I, as identified in the particular Part II clause. This summary is included for information purposes.

12.3 Additional Provisions

In respect of the following Part II provisions, there are no corresponding provisions in Part I.

13. EMPLOYERS BOUND BY PART II

The following employers are bound by Part II:

ASTA Aircraft Services Ltd
AGFAB Engineering Pty Ltd
ARNOS Australia Pty Ltd
Australian Safeway Stores
Barlin Scott Air Conditioning
Brambles Australia Ltd
British Aerospace Australia Ltd
Hyde Park tank Container
Hyster Australia Pty Ltd
Kemcor Australia Pty Ltd
Milnes Pty Ltd
STAL Refrigeration Pty Ltd
Stanger Switchgear
Ted Engineering Australia Ltd
The Labour Co-op
Townshend and Parker Gravity Die Casting Pty Ltd
Woolworths Ltd

14. EXEMPTIONS

The following employers are not bound by Part II:

AUSN (Australia) Pty Ltd.
Advanx Tyre and Rubber Co Pty Ltd.
Arnott Pty Ltd, Wm.
Australian Blue Metal Limited.
Australian Consolidated Press Ltd.
Australian Glass Manufacturers Co Pty Ltd.
Bayley, J, and Sons Ltd.
Beale Pianos Pty Ltd.
Berger and Sons (NSW) Pty Ltd, Lews
Bradford Cotton Mills Ltd.
Bulli Tile and Brick Pty Ltd.
Burns Philp & Co Ltd.
CSR Chemicals Pty Ltd.
Commonwealth Ceramics Pty Ltd.
Compressed Yeast Co (NSW) Pty Ltd.
Crown Crystal Glass Pty Ltd.
Dairy Farmers Co-operative Milk Co Ltd.
Davis Gelatine (Aust) Pty Ltd.
Dickson and Co, C R.A
Dunkerley Hat Mills Ltd.
Dunlop Rubber (Aust) Ltd.
E P M Concrete (NSW) Pty Ltd.
Fairfax and Sone Pty Ltd, John.
The Goodyear Tyre and Rubber Co (Aust) Ltd.
Harbour Lighterage Ltd.
Hardie Rubber Co Ltd.
Howard Smith Ltd.
Hygienic Containers Pty Ltd.
Jones and Co (Sydney) Pty Ltd.
Merck, Sharp and Dohme (Aust) Pty Ltd.
Methven and Sons Pty Ltd, P.
Nairn and Co (Aust) Pty Ltd, Michael.
Nestles Food Specialities (Aust) Ltd.
Norco Co-operative Ltd.
Peek Frean (Aust) Pty Ltd.
Pick-Me-Up food Products Ltd.
Port Jackson and Manly Steamship Co Ltd.
Reckitt and Colman Pty Ltd.
Reed Paper Products Pty Ltd.
Saville Hosiery Mills Pty Ltd.
Scruttons (Sydney) Pty Ltd.
South Maitland Railways Pty Ltd.
Sydney Harbour Ferries Pty Ltd.
Television Corporation Ltd.
Unilever Australia Pty Ltd.
Union Carbide Australia Ltd, Chemical Division.
Union Steamship Co of NZ Ltd.
Villawood Textile Co.
Whiddon Pty Ltd.
Wiggins Teape Shoalhaven Pty Ltd.
Wimble and Co Ltd, FT.
Wrigley and Co Pty Ltd, The.

METAL, ENGINEERING AND ASSOCIATED INDUSTRIES AWARD, 1998 - PART III - ENGINE DRIVERS

[Pt III inserted by Q2480 from 30Jun98]

1. TITLE

[Pt III:1 varied by PR954288 ppc 14Dec04]

This Part of the Award shall be known as the Metal, Engineering and Associated Industries Award 1998 - Part III - Engine Drivers. It is referred to throughout this Part as "Part III". In Part III, references to “Part I” are to the Metal, Engineering and Associated Industries Award 1998 - Part I - Metal, Engineering and Associated Industries Employees.

2. COVERAGE AND PARTIES BOUND

2.1 The industries and callings in respect of which this Part III applies, shall be engine driving in all its branches.

2.1.1 This Part shall apply in the states of New South Wales, Queensland, Victoria, South Australia and Tasmania.

2.2 This Part of the award is binding upon:

2.2.1 Other than in Queensland:

2.2.1(a) The Construction, Forestry, Mining and Energy Union and its members;

2.2.1(b) The employer organisations and their members as set out in 1.7.1(b) of Part I

2.2.1(c) John Beever (Aust) Pty Ltd at 78 Berkshire Road, North Sunshine, Vic, 3020.

2.2.2 In Queensland:

2.2.2(a) Metal Trades Industry Association of Australia (MTIA) and its members.

2.2.2(b) The organisation of employees listed in 2.2.1(a) and its members.

2.3 Subject to the exemptions and exceptions prescribed in clause 2.4 of this Part, Part III applies to all employees who are eligible to be members of the organisation listed in 2.2.1 of Part III who are engaged in any of the classifications, occupations, industries or calling specified in this Part and who are employed by employers bound by Part III.

2.4 Exemptions From this Part

Part III does not apply to:

2.4.1 The driving of any internal combustion engine of 22 kW or less brake power or any engine or electric motor or any pump or any compressor on which no engine driver or fireperson or greaser is employed as such, but the starting and stopping of and attention to which is done by an employee the greater part of whose time is taken up with work other than work of an engine driver and/or fireperson and/or greaser; or

2.4.2 The operation of pneumatic and small hoists and two motion electric manpower cranes; or

2.4.3 The employers and/or industries referred to in clause 12 save to the extent prescribed therein.

2.4.4 The provisions of clause 7.0 of Schedule C in Part I of this Award shall take precedence over the equivalent clauses in this Part to Dow Chemical (Australia) Ltd and their employees employed at the plants at Altona, Victoria.

2.4.5 The parties set out in Schedule B to Part I.

3. RELATIONSHIP TO OTHER AWARDS

3.1 Part III wholly supersedes the Metal Industry (Engine Drivers and Firepersons's) Award 1984 but no right obligation or liability accrued or incurred under the award or variations to it shall be affected by such supersession.

3.2 The provisions of Part IV of this award apply to the parties bound by this Part of the Award.

4. RELATIONSHIP WITH PART I

The provisions of Part I do not apply to employees covered by Part III, except where it is stated in Part III that particular Part I provisions apply.

5. PRELIMINARY MATTERS

5.1 The following provisions of Part I apply to employees covered under Part III:

1.3 Anti-discrimination

Schedule C, 7.0-Altona, Victoria

5.2 The following definitions apply to Part III:

5.2.1 Boiler Attendant or Fireperson - First Class means a Boiler Attendant or Fireperson who attend to two or more boilers or two or more suction gas generators, or one boiler the evaporation capacity of which attributed thereto by the maker exceeds 5000kg but less than 45000kg of steam per hour, or one gas generator supplying a total engine load capacity attributed thereto by the maker of not less than 740kW.

5.2.2 Electric Motor Attendant means a person who attends to an electric motor or motors of 22kW or more in the aggregate, and performs any duties of oiling or cleaning or attending to commutators, brushes, fuses or switches.

5.2.3 Engine Driver means any person who operates or drives any engine or engines, the motive power of which is either steam, gas, oil, water, compressed air or electricity, and includes any person who is called upon in the ordinary course of his or her duty to do Engine Driver's work other than simply stopping or starting an engine under the supervision of an Engine Driver.

5.2.4 Engine Driver in charge of plant means:

(a) when two or more drivers are employed at the plant at one time: the Engine Driver who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility;

(b) an Engine Driver who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility over one or more non-certified Firepersons; or

(c) a person is the only Engine Driver employed on the plant and who does the general repair work of the plant in addition to the work of engine driving other than merely assisting a Fitter or Engineer to do such work; or;

(d) where shifts are worked the Engine Drive who in addition to the work of engine driving is directed to carry out the general repair work of the plant other than merely assisting a Fitter or Engineer to do such work.

5.2.5 Fireperson or Grease in charge of plant means a Fireperson or Greaser who is the only Fireperson or greaser employed on the plant and who does the general repair work of the plant in addition tot he work of firing or greasing; but not when assisting a Fitter, Engine Driver or Engineer to do such work or a Grease assisting a Fireperson to do such work.

5.2.6 Greaser or Oiler shall mean and include any person substantially engaged in greasing or oiling any engine, machinery or shafting.

5.2.7 Greaser or Oiler - First Class means a Grease or Oiler who under the supervision of an Engine Driver stops or starts an engine or engines, but does not include any Grease or Oiler who dies so only in cases of necessity or emergency.

5.2.8 Leading Boiler or Attendant or Fireperson - First Class means:

(a) the Boiler Attendant or Fireperson employed at a plant where three or more Firepersons are employed at the same time who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility but does not include any Boiler Attendant or Fireperson where an Engine Driver is charged with being in charge of plant in accordance with 2.4.2 hereof;

(b) the Boiler Attendant or Fireperson employed at a plant where three or more attendants or Firepersons are employed at the same time whose duty is to attend to the water of the boilers that are fitted by two or more of the other Boiler Attendants or Firepersons.

5.2.9 Leading Boiler Attendant or Fireperson - Second Class means:

(a) the Boiler Attendant or Fireperson employed at a plant where two Boiler Attendants or Firepersons are employed at the same time who is invested with the superintendence or has to accept the superintendence or responsibility but does not include any Boiler Attendant or Fireperson where an Engine Driver is charged with being in charge of the plant in accordance with 2.4.2 hereof;

(b) the Boiler Attendant or Fireperson employed at a plant where two Boiler Attendants or Firepersons are employed at the same time and whose duty it is to attend to the water of the boilers that are fired by the other Fireperson.

5.2.10 Special Class Boiler Attendant or Fireperson means a Boiler Attendant or Fireperson in charge of boilers with an evaporation capacity of 45000kg or more per hour.

5.2.11 Steam engine - first class means a turbine or an engine or engines having a single cylinder with a bore of 300mm in diameter or over, or having singly or together tow or more cylinders the sum of the area of whose bores equals or exceeds the area of a circle 300mm in diameter.

5.2.12 Steam engine - second class means an engine or engines having a single cylinder with a bore less than 300mm in diameter or having singly or together two or more cylinders the sum of the area of whose bores is less than the area of a circle 300mm in diameter.

5.2.13 MERSITAB - is the Manufacturing, Engineering and Related Services Industry Training Advisory Body.

6. ENTERPRISE FLEXIBILITY

The following provisions of Part I apply to employees covered under Part III:

7. CONSULTATION AND DISPUTE RESOLUTION

The following provisions of Part I apply to employees covered under Part III:

8. EMPLOYMENT RELATIONSHIP

The following provisions of Part I apply to employees covered under Part III:

9. RATES OF PAY AND RELATED MATTERS

[Pt III:9.1 varied by R7069 ppc 01Jun99; T3343 from 31Oct00]

9.1 The following provisions of Part I apply to employees covered under Part III:

9.2 Classification of employees under this Part.

9.2.1 Employees are classified under this Part according to the following:

(a) If MERSITAB competency standards are available for the skills held and used by the employee then the provision of 5.1.3 of Part I apply with the exception of 5.1.3(d)(ii) and 5.1.3(g). The following provisions shall apply in place of these provisions in Part I.

(i) A Board of Reference shall be established from time to time for the purpose of resolving any disputes or difficulty or likely dispute or difficulty in relation to the implementation of competency standards either at the industry or enterprise level,

(ii) The Board shall be constituted by a Chairperson who shall be a member of the Australian Industrial Relations Commission and at least four other members two of whom are nominated by the CFMEU and the other two nominated by the employer organisations respondent to this Part and representing the industrial interests of the employer.

(iii) In circumstances where the dispute or difficulty, or likely dispute or difficulty, affects the industrial interests of an organisation which is a party to this Part, the Chairperson shall take steps to:

notify the organisation(s) which shall be entitled to be heard;

request the employer organisation to consult and determine their representation on the Board;

notify the National Secretary of the CFMEU to consult with CFMEU affiliates to determine the CFMEU representation on the Board.

(iv) Any person nominated by the CFMEU or employer organisation to sit on the Board of Reference shall be a person with organisation responsibilities associated with the implementation of the competency standards.

(v) Before proceedings commence, the Chairperson shall seek undertakings from the parties appearing before the Board that any decision, subject to the terms of the Workplace Relations Act 1996 shall be final.

(b) If MERSITAB competency standards do not exist for the skills held and used by the employee then the employee should be classified according to the following table and the definitions in 5.2 of this Part.

Index to Mechanical Plant

Group 1: Pneumatic tyred tractors not using operated attachments 35kW brake power and under.

Group 2: Pneumatic tyred tractors not using power operated attachments over 35kW brake power up to 70kW brake power. Crawler tractors not using power operated attachments up to 35kW brake power. Pneumatic tyred tractors using power operated attachments up to and including class 3. Crawler tractors using powered operated attachments up to and including class 2. Road roller, power vibrating under 4 tonnes. Road roller, powered under 8 tonnes. Second driver - Navy and dragline - or dredge - type excavation. Pile driving machine.

Group 3: Pneumatic tyred tractor not using power operated attachments over 70 and up to 110kW brake power. Pneumatic tyred tractor using power operated attachments over 35 and up to 70kW brake power. Crawler tractor using power operated attachments class 3 and 4. Road roller, powered 8 tonnes and over. Road roller, powered, vibrating 4 tonnes and over. Loaders up to and including 0.75 cubic metre.

Group 4: Pneumatic tyred tractor using power operated attachments over 70kW and up to 110kW brake power. Crawler tractor not using power operated attachments above class 5. Crawler tractor using power operated attachments class 5 and 6. Excavator up to and including 0.5 cubic metre capacity. Grader, power operated below 35kW brake power. Loaders, front-end or overhead 0.75 cubic metre up to and including 2.35 cubic metres. Scrapers, self powered under 10 cubic metres struck capacity.

Group 5: Pneumatic tyred tractor using power operated attachments in excess of 110kW brake power. Crawler tractor using power operated attachments Class 7 and 8. Excavator up to and including 0.5 cubic metre capacity. Grader, power operated below 35kW brake power. Loaders, front-end and overhead, over 2.25 cubic metres up to and including 4.5 cubic metre struck capacity. Scrapers, self powered over 10 cubic metres and up to and including 20 cubic metres struck capacity.

Group 6: Crawler tractor using power operated attachments class 9. Excavators, over 2.25 cubic metres, Grader, power operated over 70kW brake power. Loaders, front-end and overhead over 4.5 cubic metres capacity. Scrapers, self powered over 20 cubic metres struck capacity.

Note: Crawler tractors are classified in accordance with Australian Standard D4-1964 classification of crawler tractor by weight as follows:

(metric edition of standard not yet available)

9.3 Adult Wage rates

9.3.1 An adult employee in a wage group specified in the table set out in 9.3.2 of this Part shall be paid at the respective weekly award rate per week assigned to that group in clause 5.1 of Part I of this Award.

9.3.2 The classification structure listed here shall be read in conjunction with the definitions set out in clause 5.2 of this Part. The relationship between the old classification and the new classification structure is set out in clause 9.2 pf this Part.

9.3.3 The wage groups applicable to this Part are set out in the table below:

9.4 Allowances

[Pt III:9.4.1 varied by R7069 S7624 PR905131 PR919051 PR932779 PR948282 PR960259 PR975395 PR978751; PR983539 ppc 01Oct08]

9.4.1 An engine Driver or fireperson engaged as specified below shall be paid the following additional amounts per week:

(e) provided that except as to dragline excavators and tractors these additional rates shall not be cumulative to the extent of increasing the minimum rate of an employee above the classification C10;

(f) and provided further that an Engine Driver attending a refrigeration compressor or compressors shall be paid a total minimum rate of not less than the undermentioned classifications:

[Pt III:9.4.2 and 9.4.3 do not exist]

[Pt III:9.4.4 varied by R7069 S7624 PR905131 PR919051 PR932779 PR948282 PR960259 PR975395; PR978751 ppc 01Oct07]

9.4.4 Employees engaged on ship repairing shall be paid an additional amount of $10.00 per week.

[Pt III:9.4.5 varied by R7069 S7624 PR905131 PR919051 PR932779 PR948282 PR960259 PR975395; PR978751 ppc 01Oct07]

9.4.5 If a cleaner, greaser or oiler sometimes under the supervision of an engine driver stops or starts an engine he/she shall be paid an extra $25.65 per week.

9.4.6 Damage to clothing - Compensation to the extent of damage sustained shall be made where in the course of work clothing is damaged or destroyed by fire or molten metal or through the use of corrosive substances.

9.4.7 Protective Clothing - Where an employee is required to work in a place where in the absence of protective clothing or boots, his/her clothing or boots will become wet, the employer shall reimburse the employee for the cost of purchasing the waterproof clothing and boots that is required. The provisions of this paragraph do not apply where the waterproof clothing and boots required is paid for by the employer or where the employee is being paid the allowance prescribed in subclause 5.9.3(e) of Part I.

9.4.8 Travelling and Camping Allowances - Employees shall be allowed the same conditions as to fares, travelling time, travelling allowances, country work, camping allowances, as prescribed by award, determination of industrial agreement - Commonwealth or State - for the general body of employees of the industry in which they are employed.

9.5 Special Rates

9.5.1 In addition to the rates prescribed in clause 9.2 of Part III:

(a) Boiler Cleaning

[Pt III:9.5.1(a) varied by R7069 S7624 PR905131 PR919051 PR932779 PR948282 PR960259 PR975395; PR978751 ppc 01Oct07]

Any persons engaged inside the gas or water space of any boiler, flue or economiser, in cleaning or scraping work shall, whilst so employed, be paid $1.42 per hour in addition to his/her ordinary or overtime rate of pay.

(b) Carbon Black Allowance

[Pt III:9.5.1(b) varied by R7069 S7624 PR905131 PR919051 PR932779 PR948282 PR960259 PR975395; PR978751 ppc 01Oct07]

Fork lift drivers employed in the rubber industry engaged in handling and/or transporting carbon black (except when packed in sealed metal containers) shall be paid the sum of $5.72 per day.

(c) Gordon Edgell & International Canners Pty Ltd

[Pt III:9.5.1(c)(i) varied by R7069 S7624 PR905131 PR919051 PR932779 PR948282 PR960259 PR975395; PR978751 ppc 01Oct07]

(i) In respect of employees of Gordon Edgell Pty Ltd, and of International Canners Pty Ltd, the provisions of subclause 5.9.3(c) of Part I shall not apply and in their place the following provisions shall apply in lieu thereof:

Cold Temperatures

Any employee required to work in cold temperatures shall be paid extra rates as follows whilst working in temperatures:

(1) Between minus 1 degrees Celsius and 7 degrees Celsius (inclusive) - 41 cents per hour.

(2) Between minus 2 degrees Celsius and minus 18 degrees Celsius (inclusive) - 62 cents per hour.

(3) Below minus 18 degrees Celsius - 69 cents per hour.

The appropriate extra hourly rate shall be paid for any hour or part of an hour during which the employee is working in the temperature ranges prescribed above, provided that if during any hour the employee works in more than such temperature range, he/she shall be entitled for that hour only, to the rate applicable for the lower or lowest temperature range in which he/she has worked.

(d) Australian Glass Manufacturers Co. Pty Ltd

[Pt III:9.5.1(d) varied by R7069 S7624 PR905131 PR919051 PR932779 PR948282 PR960259 PR975395; PR978751 ppc 01Oct07]

(i) A disability rate of 81 cents per hour for a minimum of four hours per day shall be paid to fork lift drivers engaged in transporting of palletised soda ash with fork lift trucks.

(ii) A fork lift driver who is required as part of his normal duties, to handle glassware in the warehouse situated at 813 Dowling Street, Waterloo, New South Wales, to assemble and/or load onto vehicles goods ordered for delivery to customers in accordance with written instructions for more than wight hours in any week shall be paid an additional amount of $8.48 for that week.

(iii) Fork Truck Drivers regularly employed in the loading square at Australian Glass Manufacturers Company, 813 Dowling Street, Waterloo and required to load roll-on roll-off equipment or similar vehicles shall be paid the aforementioned allowance in accordance with clause (equiv - clause 20) of this Part.

10. HOURS OF WORK, SHIFT WORK, MEAL BEAKS AND OVERTIME

10.1 The following provisions of Part I apply to employees covered under Part III:

10.2 Shiftwork Overtime

In lieu of the shiftwork overtime penalties prescribed in clause 6.4.1(a) of Part I, double time shall be paid for work performed by all shiftworkers outside the ordinary hours of their shift. This clause should be read in conjunction with the other provisions relating to overtime.

11. TYPES OF LEAVE AND PUBLIC HOLIDAYS

11.1 The following provisions of Part I apply to employees covered under Part III:

7.1 Annual Leave

7.2 Personal Leave

7.3 Jury Service

7.4 Parental Leave

7.5 Public Holidays

12. EXEMPTIONS

12.1 Agricultural Implement Makers - Part III shall not apply to employers who are parties to and bound Clause 10 of Schedule C of Part I.

12.2 Part III shall not apply to the Smithtown, New South Wales factory of The Nestle Company (Australia) Limited provided that the company observes the conditions which were operating at its factory on 13 September 1968, with respect to rates of pay, roster conditions, annual leave, payment for work done on holidays.

12.3 Part III of this award shall not apply to the Shell Company of Australia Limited as to its operations in New South Wales.

12.4 Part III of this award shall not apply to employers who are parties to and bound by the award known as the Federal Vehicle Industry Award, 1982 or any future award or agreement made in the vehicle industry.

12.5 Australian Titan Products Pty Ltd as to its operations at Heybridge, Tasmania.

12.6 The Phosphate Co-Operative Company of Australia shall be bound by clause 9.2 of this Part, but in lieu of all other rates and conditions of employment shall observe the rates and conditions of the Artificial Fertilisers and Chemical Workers Award of 1976 as varied from time to time or any subsequent award made to cover the industry.

12.7 Australian Portland Cement Limited shall not be bound by this Part as to its operations at Kandos and Berrima, New South Wales.

12.8 Part III of this Award shall not apply to Monsanto Australia Limited in respect of its West Footscray plant operations to the extent that the terms and provision of this Part may be inconsistent with any of the terms and provisions of the Monsanto Australia Limited West Footscray Plant (Hours of Work) Award 1982.

12.9 Part III of this Award shall not apply to Kellogg (Aust) Pty Ltd as to its New South Wales operations which are covered by the Kellogg (Aust) Pty Ltd (Cereal Division) Trade Agreement, or its employees who are employed in any of the classifications contained in this Part, so long as there is in operation an industrial agreement registered in the Industrial Commission of New South Wales; provided however that the terms and conditions of this Part shall apply in the event of the industrial agreement being cancelled or to employees, members of any organisation which retire from the said agreement.

12.10 The provisions of Schedule A of Part III shall apply to employees of NSW Sugar Milling Co-operative Ltd - Harwood, Broadwater and Condong in lieu of the wages and all-purpose allowances prescribed by clauses 9.3 and 9.4 of this Part.

SCHEDULE A

NSW Sugar Milling Co-operative Ltd - Harwood, Broadwater and Condong

1. In lieu of the wages and all purpose allowances prescribed by clauses 9.3 and 9.4 of this Part, an employee of NSW Sugar Milling Co-operative Ltd - Harwood, Broadwater and Condong in a classification hereunder shall be paid the wage hereinafter assigned the classification.

[Pt III:Sched A:1.1 substituted by R7069 S7624 PR905131 PR919051 PR932779 PR948282; PR960259 ppc 05Jul05]

[Pt III:Sched A:1.2 varied by R7069 S7624 PR905131 PR919051 PR932779 PR948282 PR960259 PR975395 PR978751; PR983539 ppc 01Oct08]

1.2 Employees who are required to perform work inside the door-line of a boiler shall be paid $1.37 per hour in addition to the ordinary or overtime rates of pay whilst they are so engaged.

1.3 An employee temporarily engaged on overtime work other than his/her usual work in respect of which no rate is awarded, shall be paid for the rate to which he/she would have been entitled if engaged on his/her usual work.

1.4 Slack Season

[Pt III:Sched A:1.4.1 varied by R7069 S7624 PR905131 PR919051 PR932779 PR948282; PR960259 ppc 05Jul05]

1.4.1 Employees who are employed in the above classifications in the crushing season, and who in the slack season are employed on other duties, shall be paid a minimum of $526.20 per week for their slack season work. By agreement, the above weekly rate is the rate for all other unspecified adult labour prescribed in the New South Wales Sugar Industry Interim Award 1992 [Print K4804[N0165]].

[Pt III:Sched A:1.4.2 varied by R7069 S7624 PR905131 PR919051 PR932779 PR948282 PR960259 PR975395 PR978751; PR983539 ppc 01Oct08]

1.4.2 In addition to the above minimum rate, a slack season allowance shall be paid for all purposes of wage calculation to employees who qualify either under paragraph (i) or (ii) set out hereunder:

(a) If the employee is employed during the crushing season on duties which require the holding of a steam engine driver's certificate of competency, first class, or a boiler attendant's certificate of competency, and such certificate is held:

Allowance $56.90 per week (10%)

(b) If the employee is employed during the crushing season on duties which require the holding of a stream engine driver's certificate of acceptance, second class, and such certificate is held:

Allowance $45.90 per week (8%)

1.5 Disability allowance

[Pt III:Sched A:1.5.1 varied by R7069 S7624 PR905131 PR919051 PR932779 PR948282 PR960259 PR975395 PR978751; PR983539 ppc 01Oct08]

1.5.1 In recognition of all disabilities associated with work at Harwood, Broadwater and Condong, employees shall be paid an allowance of 46 cents per hour for each hour worked.

1.5.2 An employee in receipt of the disability allowance shall not be entitled to any other special rates prescribed in clause 5.9.3 of this award.

1.5.3 The disability allowance shall not be paid to an employee in receipt of the allowance prescribed in this appendix for performing work inside the door-line of a boiler.

METAL, ENGINEERING AND ASSOCIATED INDUSTRIES, 1998 - PART IV - LONG SERVICE LEAVE

[Pt IV inserted by Q2527 from 30Jun98]

1. ARRANGEMENT OF PART

This Part of the award is arranged as follows:

2. TITLE

[Pt IV:2 varied by PR954288 ppc 14Dec04]

This Part of the award shall be known as the Metal, Engineering and Associated Industries Award 1998 - Part IV - Long Service Leave. It is referred to throughout this part as "Part IV". In Part IV, references to “Part I” are to the Metal, Engineering and Associated Industries Award 1998 - Part I - Metal, Engineering and Associated Industries Employees.

3. PARTIES BOUND AND INCIDENCE OF PART

3.1 This part of the award shall operate in the States of New South Wales, Queensland, Victoria, South Australia and Tasmania in the metal working, engineering and associated industries as set out in Schedule A of Part I and in the metal and engineering on-site construction industry as set out in clause 2 of the National Metal and Engineering On-Site Construction Industry Award 1989 (Print H8482) subject to exemptions and exceptions of those awards and clause 12 of this part of the award.

[Pt IV:3.2 varied by PR901266 from 30Jun98]

3.2 This Part of the award is binding upon:

3.2.1 The following organisations and their members:

3.2.1(a) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;

3.2.1(b) The Australian Workers' Union

3.2.1(c) Australian Liquor, Hospitality and Miscellaneous Workers' Union

3.2.1(d) Construction, Forestry, Mining and Energy Union;

3.2.1(e) Communications, Electrical, Electronic, Postal, Information, Plumbing and Allied Services Union;

3.2.1(f) National Union of Workers

3.2.2 Metal Trades Industry Association of Australia, Engineering Employers' Association, South Australia, The Australian Chamber of Manufactures and the Motor Trades Association of New South Wales.

3.2.3 This Part of the award applies to all employees who are members or eligible to be members of the organisations listed in 3.2.1 who are engaged in any of the classifications, occupations, industries and callings specified in Part I and the National Metal and Engineering On-Site Construction Industry Award 1989 or its successor.

3.3 Exemptions from this Part

3.3.1 Part IV does not apply to those employers or employees exempt from this Part as defined by clause 11 of this Part.

4. RIGHT TO LEAVE

4.1 An employee shall be entitled to long service leave with pay in respect of service with an employer as provided in this Part.

5. LONG SERVICE

5.1 Service Entitling to Leave

5.1.1 For the purposes of this Part of the Award the service of an employee with an employer means the period during which the employee has served his/her employer under an unbroken contract of employment. Provided that a contract of employment shall be deemed not to have been broken by reason only of any interruption or determination thereof, if the interruption or determination:

5.1.1(a) has been made by the employer with the intention of avoiding any obligation imposed by this Part of the award or by State law dealing with long service leave; or

5.1.1(b) has arisen directly or indirectly from a dispute concerning industrial matters, if the employee returns to duty with the same employer in accordance with the terms of settlement of the said dispute; or

5.1.1(c) has been made by the employer by reason of slackness of trade, if the employee is re-employed by the same employer within six months of such interruption or determination; or

5.1.1(d) has been made by the employer for any reason other than those referred to in sub-paragraphs 5.1.1 (a), (b) and (c) hereof, if the employee is re-employed by the same employer within two months of such interruption or determination.

5.1.1(e) Provided further that the period during which the employment has been so interrupted or determined shall not, except when due to the reasons referred to in sub-paragraph (a) hereof, be taken into account in calculating the period of service.

5.2 Where an employee has entered or enters into a contract of employment with an employer within a period of 12 months after the completion of an apprenticeship with the employer the period of apprenticeship shall be taken into account for the purpose of calculating the period of his/her service with that employer under that contract of employment.

5.3 Any period of service as a member of the naval, military or air forces (other than as a member of the permanent forces) of the Commonwealth of Australia shall be deemed to be service with the employer by whom the employee concerned was last employed before he/she commenced to serve as such a member.

5.4 Service with the employer before the commencement of this Part of the award, subject to the provisions of clause 6.4 hereof, as well as service with the employer after such commencement shall be taken into account for the purposes of this Part of the award.

5.5 Transmission of Business

5.5.1 Where a business is, whether before or after 11 May 1964, transmitted from an employer (in this subclause "the transmitter") to another employer (in this subclause called "the transmittee") and an employee who at the time of such transmission was an employee of the transmitter in that business becomes an employee of the transmittee:

5.1.1(a) the continuity of the service of the employee shall be deemed not to have been broken by reason of such transmission;

5.1.1(b) the period of service which the employee has had with the transmitter shall be deemed to be service of the employee with the transmittee.

5.5.2 In this subclause "business" includes trade process, business or occupation and includes Part of any such business, and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law, and "transmitted" has a corresponding meaning.

5.6 Service with Related Companies

5.6.1 Where, over a continuous period, an employee has been employed by two or more companies each of which is a related company within the meaning of Sections 46-50 of the Corporations Law the employee is entitled to long service leave as if he/she had, during the whole of the period of service, been employed by the company by which he/she is employed at the date at which his/her long service leave entitlement accrues. Provided that an employee shall not be entitled to leave or payment in lieu thereof more than once in respect of any period of service.

6. AMOUNT OF LEAVE

6.1 The long service leave to which an employee is entitled shall be that prescribed by this clause.

6.2 Subject to subclause 6.4 hereof, the amount of long service leave to which an employee shall be entitled shall be:

6.2.1 In the case of an employee who has completed at least 15 years' service with an employer:

6.2.1(a) in respect of 15 years' service so completed, 13 weeks; and

6.2.1(b) in respect of each 10 years' service with the employer completed since he/she last became entitled to long service leave, eight and two-thirds weeks; and

6.2.1(c) on the termination of the employee's employment or his/her death, in respect of the number of years' service with the employer completed since he/she last became entitled to an amount of long service leave, a proportionate amount on the basis of 13 weeks for 15 years' service.

6.2.2 In the case of an employee who has completed at least 10 years but less than 15 years' service with an employer and whose employment is terminated:

6.2.2(a) by the employer for any cause other than serious and wilful misconduct; or

6.2.2(b) by the resignation of the employee; or

6.2.2(c) by the death of the employee;

a proportionate amount on the basis of 13 weeks for 15 years' service.

6.3 Such leave shall be granted and taken and, except as permitted by this Part of the award, payment in lieu thereof shall not be made or accepted.

6.4 In the case of an employee whose service with an employer began before 11 May 1964, and whose service would entitle the employee to long service leave under this Part of the award, the amount of long service leave to which such employee shall be entitled shall be the sum of the following amounts:

6.4.1 an amount calculated on the basis of 13 weeks for 20 years' service in respect of:

6.4.1(a) the period of his/her service in New South Wales before 1 April 1963;

6.4.1(b) such period of his/her service elsewhere before 11 May 1964, as was, under the law applicable to such employee or, in South Australia, under the industrial agreement applicable to him/her, taken into account for the calculation of his/her entitlement to long-service leave thereunder; and

6.4.2 An amount calculated on the basis of 13 weeks for 15 years' service in respect of the period of his/her service:

6.4.2(a) in New South Wales on and from 1 April 1963;

6.4.2(b) elsewhere on and from 11 May 1964.

7. PAYMENT FOR PERIOD OF LEAVE

7.1 Subject to the provisions of subclause 7.3 hereof, the rate of payment to which an employee on leave shall be entitled shall be in the case of a full-time weekly time worker his/her actual rate of pay. The actual rate of pay is the total amount an employee would receive if he/she were performing his/her ordinary hours of work and shall not include overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances and any other extraneous payment of a like nature. In cases where the actual rate of pay varies from week to week as a result of a system of payment by results or other piece work or bonus systems the rate of payment shall be calculated by averaging the actual rates of pay, as defined above, for each week over the previous three monthly period.

7.2 Payment shall be made in one of the following ways:

7.2.1 in advance for the whole of the period when the employee commences the period of leave, at the rate calculated in accordance with subclause 7.1 hereof; or

7.2.2 at the same time as payment would have been made if the employee had remained on duty, in which case payment shall, if the employee in writing so requires, be made by cheque posted to an address specified by him/her; or

7.2.3 in any other way agreed between the employer and the employee.

7.3 If, during the period of leave, any award variation occurs which, had the employee been at work, would have resulted in a change in his/her actual rate of pay (as defined in subclause 7.1 hereof) the rate of payment to which an employee on leave shall be entitled shall be, as from the date upon which such change would have been operative such changed rate and if payment has been made in advance to any employee in respect of long service leave the employer shall, upon the employee's return to duty, adjust such advance payment to accord with such changed rate of pay to the extent to which the changed rate is applicable.

8. TAKING LEAVE

8.1 Time of Taking Leave

8.1.1 When an employee becomes entitled pursuant to this Part of the award to long service leave such leave shall be granted by the employer as soon as practicable having regard to the needs of his/her establishment or subject to paragraph 8.3 hereof at such time or times as may be agreed between the employer and the employee.

8.1.2 Subject to the provisions of paragraph 6.2.2 of this Part of the award an employer shall not be required to grant an employee leave to which he/she has become entitled pursuant to this Part of the award until the amount of leave to which he/she has become entitled equals 13 weeks in respect of his/her first period of entitlement and eight and two-thirds weeks in respect of any subsequent period of entitlement.

8.2 Notice to Take Leave

8.2.1 Except where an employee agrees otherwise the employer shall give an employee at least 28 days' notice of the date from which his/her leave is to be taken.

8.3 Broken Leave

8.3.1 Leave shall be granted and taken in one continuous period; or if the employer and the employee so agree, in not more than three separate periods in respect of the first 13 weeks' entitlement, and in not more than two separate periods in respect of any subsequent period of entitlement.

8.4 Holidays, Annual Leave and Days Off

8.4.1 The long service leave prescribed by this Part of the award is exclusive of annual leave but is inclusive of all other holidays or days off in accordance with 6.1 of Part I.

8.5 Restriction upon Employment while on Leave

8.5.1 No employee shall during any period when he/she is on leave pursuant to this Part of the award engage in any employment for hire or reward with an employer known by him/her to be bound by this Part of the award. No employer bound by this Part of the award shall employ any such employee for hire or reward during any period when such employee is known by him/her to be on leave pursuant to this Part of the award.

8.6 Payment on Termination for Leave not Taken

8.6.1 Where the employment of an employee is terminated otherwise than by his/her death and any long service leave:

8.6.1(a) to which the employee was entitled has not been taken; or

8.6.1(b) accrues to the employee upon such termination,

the employer shall forthwith pay to the employee in full the amount in respect of such leave calculated as at the date of the termination in the manner set out in clause 7.1 hereof less any amount already paid to the employee in respect of that leave.

8.6.2 Where an employee dies and any long service leave:

8.6.2(a) to which the employee was entitled has not been taken; or

8.6.2(b) accrues upon termination of the employment by reason of his/her death

the employer shall upon request by the employee's personal representative pay to the employee's personal representative in full the amount in respect of such leave calculated as at the date of the death of the employee in the manner set out in sub-clause 7.1 hereof less any amount already paid to the employee in respect of that leave.

9. GRANTING LEAVE IN ADVANCE

9.1 An employer may by agreement with an employee allow long service leave to such employee before the right thereto has accrued due, but where leave is so taken the employee shall not become entitled to any further leave under this Part of the award or to payment in lieu thereof for the period in respect of which such leave was taken before it accrued due.

9.2 Where leave has been granted to an employee pursuant to the preceding subclause before the right thereto has accrued due and the employment is subsequently terminated the employer may deduct from whatever remuneration is payable upon the termination of the employment such amount as represents payment for any period for which the employee has been granted leave to which he/she was not entitled at the date of termination of his/her employment.

10. BENEFITS TO BE BROUGHT INTO ACCOUNT

Any long service leave allowed or payment in lieu thereof made before 1 January 1977, shall be taken into account and shall be deemed to have been leave granted and taken in satisfaction of leave due under this Part of the award; in the case of leave with pay to the extent of the period of such leave, and in the case of payment in lieu thereof to the extent of a period of leave equivalent to the amount of the payment at the date thereof, and to be satisfaction to the extent thereof of the entitlement of the employee under this Part of the award.

11. EXEMPTIONS

11.1 If on 1 January 1977, an employer bound by this Part of the award held an exemption extending to employees who would otherwise be covered by this Part of the award from the provisions of a State Act of any State other than South Australia relating to long service leave, such employer shall be exempt from the provisions of this Part of the award in relation to those employees while such exemption remains in force, or until the Commission otherwise orders.

11.2 Subject to 11.6, this Part of the award shall not apply to an employer in Victoria who is engaged in the Construction Industry as defined by the Victorian Construction Industry Long Service Leave Act 1983 to the extent of which employees who, but for this Part of the award, would be subject to the provisions of the said Act.

11.3 Subject to 11.6, this Part of the award shall not apply to an employer in South Australia who is engaged in the on-site construction work as defined by the National Metal and Engineering On-Site Construction Industry Award 1989, only to the extent to which employees are employed under the National Metal and Engineering On-Site Construction Industry Award 1989 and eligible under the Construction Industry Long Service Leave Act 1987.

11.4 Subject to 11.6 hereof, this Part of the award shall not apply to an employer in New South Wales who is engaged in the on-site construction work as defined by the National Metal and Engineering On-Site Construction Industry Award 1989, only to the extent to which employees are employed at any time on or after 1 July 1990 under the National Metal and Engineering On-Site Construction Industry Award 1989, and registered under the New South Wales Building and Construction Industry Long Service Payments Act 1986.

11.5 Subject to 11.6 hereof, this Part of the award shall not apply to an employer in Queensland who is engaged in the on-site construction work as defined by the National Metal and Engineering On-Site Construction Industry Award 1989, only to the extent to which employees are employed under the National Metal and Engineering On-Site Construction Industry Award 1989 at any time on or after 1 July 1992 and registered under the Queensland Building and Construction Industry Portable Long Service Leave Act 1991.

11.6 Provided that during any period which an employee is employed under an unbroken contract of employment any service which the employee may give under the said Act shall not be deemed to break the contract of employment for the purposes of this Part of the award.

11.7 Agricultural Implement Making

11.7.1 This Part of the award shall not apply to an employer in South Australia or Victoria who is a member of an employer organisation listed in paragraph 11.7.2 and involved in the manufacture, assembly, repairing, replacing of agricultural implements, machinery and appliances (as defined in paragraph 11.7.3) and Parts or components thereof.

11.7.2 Engineering Employers Association of South Australia Metal Trades Industry Association of Australia
Australian Chamber of Manufactures

11.7.3 “Agricultural implements, machinery and appliances” means farming or pastoral equipment such as harvesters, headers, windmills for the purpose of pumping river or subterranean water, ploughs, harrows, discs, seeders, top-dressers, mowing equipment, mobile irrigation equipment, fruit and vegetable harvestings and sorting equipment and such other equipment as is used mainly or solely in the agricultural and or pastoral industry.

12. APPLICATION OF PART

12.1 The application of this Part of the award shall be determined according to membership of employers in their respective organisations at the appointed date for such determination, which shall be:

12.1.1 in the case of continuing employment, when the employee becomes entitled to long service leave pursuant to this Part of the award; and

12.1.2 in the case of termination of employment by death or notice of termination, at the date of death or of the giving of such notice.

12.2 If at the appointed date the employer concerned is a member of an organisation named in clause 3.2.2 of this Part of the award, this Part of the award shall apply irrespective of non-membership of such employer at an earlier or later point of time.

13. NOTIFICATION OF MEMBERSHIP

An organisation of employers named in 3.2.2 of this Part shall, upon written request of an organisation of employees named in 3.2.1 and within 21 days of receiving such request, state in writing whether a named employer was a member at the date specified in the request.

14. SUPERSESSION OF METAL INDUSTRY (LONG SERVICE LEAVE) AWARD, 1984 AND PRESERVATION OF RIGHTS

This Part of the award supersedes the award known as the Metal Industry (Long Service Leave) Award, 1984 and all variations thereto but all rights, obligations and liabilities accrued or incurred under such award or variations shall be preserved and shall not be affected by such supersession.

METAL, ENGINEERING AND ASSOCIATED INDUSTRIES AWARD 1998 - PART V - SUPERVISORS

[Pt V inserted by Q2527 from 30Jun98]

[Part V see also Common Rule Declaration PR954297 appended to this award]

1. TITLE

1.1 This Part of the award shall be known as the Metal, Engineering and Associated Industries Award 1998 - Part V - Supervisors. It is referred to in this Part as Part V.

[Pt V:1.2 substituted by PR954288 ppc 14Dec04]

1.2 In Part V, references to “Part I” are to the Metal, Engineering and Associated Industries Award 1998 - Part I - Metal, Engineering and Associated Industries Employees.

2. ARRANGEMENT

[Pt V:2 varied by PR959867 ppc 07Jun05]

3. COVERAGE OF PART V

3.1 Part V shall apply in the States of New South Wales, Victoria, Queensland, South Australia and Tasmania in the engineering, metal working and fabricating industries in all their branches and all industries allied thereto.

3.2 The industries and callings in respect of which Part V shall apply shall be as prescribed in Schedule A and clause 1.6 of Part I or any award replacing that Award.

3.3 Provided that Part V shall not apply to any sole trader, partnership, firm, company or corporation where, as at 15 August 1978 the total number of employees, irrespective of the location, employed by that sole trader, partnership, firm, company or corporation, is less than 30.

3.4 The provisions of Schedule C, 7.0 - Altona, Victoria shall apply with respect to Part V.

4. PARTIES BOUND

4.1 Part V is binding upon:

4.1.1 The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and its members;

4.1.2 Metal Trades Industry Association of Australia (MTIA); Engineering Employers Association, South Australia; Metal Industries Association, Tasmania; the Australian Chamber of Manufacturers and members of these organisations of employers.

4.1.3 The employers listed in Clause 11 of Part V.

4.1.4 Metal Manufactures Limited.

4.2 Part V applies to all employees who are members or eligible to be members of the organisation listed in 4.1 employed by employers bound by Part V within the coverage specified in Clause 3 in the trainer/supervisor/coordinator field as defined in 1.4.7(d)(i) and (ii) (but not 1.4.7(d)(iii)) of Part I.

5. RELATIONSHIP WITH OTHER AWARDS

Part V wholly supersedes the Metal Industry Award 1984 - Part V (Foremen and Supervisors) but no right obligation or liability accrued or incurred under that award or variations to it shall be affected by such supersession.

6. RELATIONSHIP WITH PART I

6.1 Except as provided for in clause 8 of this Part, the provisions of Part I do not apply to employees covered by Part V, except where it is stated in Part V that particular Part I provisions apply.

6.2 The following provisions of Part I apply to employees covered under Part V:

7. CONTRACT OF EMPLOYMENT

7.1 The employee shall in writing advise an employee covered by this part whether the contract of employment is on a weekly, fortnightly, bi-monthly or monthly basis.

7.2 Once the basis of the contract of employment has been so advised, it shall cover the period over which the wages are to be paid and the period of notice or payment in lieu of notice required to terminate the contract of employment.

7.3 Nothing in this Part, shall detract from an employer's right to dismiss any employee without notice for neglect of duty or misconduct.

7.4 The provisions of clause 4.1 (Employer and Employee Duties) of Part I shall apply.

8. CONDITIONS OF EMPLOYMENT

8.1 The conditions of employment to apply to employees covered by this Part shall not be less favourable than those prescribed under Part I.

8.2 However, where it has been the custom to do so and the employer and employee agree, time off with pay may be taken in lieu of payment for overtime work, shift work or work on Sundays or holidays.

8.3 With in one month of commencement of employment as a trainer/supervisor/coordinator level 1 or 2 under this Part, the employer shall provide to an employee who requests it, details of classification, details of total remuneration and whether or not and over what period of time it includes any element compensating him/her in whole or in part for overtime work, shift work, or Sundays or Holidays. Further upon request the employer shall advise an employee of other Details of the conditions of employment applicable to him/her.

9. WAGES AND CLASSIFICATIONS

[Pt V:9.1 varied by PR959867 ppc 07Jun05]

9.1 The following provision of Part I apply to employees covered under Part V:

[Pt V:9.2 varied by R7070 S6783 PR905122 PR918228;PR932048 PR947308; PR959867 ppc 07Jun05]

9.2 A trainer/supervisor/coordinator - level 1 shall be paid not less than 122% of the rate paid (excluding leading hand allowances) to the highest technically qualified employee supervised or trained as calculated in accordance with 9.4 below for 38 ordinary hours of work including overaward payments actually received. Provided that where the calculation is less than $605.50 then the minimum rate shall be $605.50. The minimum award rate to be paid per hour shall be $15.93.

[Pt V:9.3 varied by R7070 S6783 PR905122 PR918228 PR932048 PR947308; PR959867 ppc 07Jun05]

9.3 A trainer/supervisor/coordinator - level 2 shall be paid not less than 115% of the highest rate paid to persons supervised or trained as calculated in accordance with 9.4 below for 38 ordinary hours of work including overaward payments actually received. Provided that where the calculation is less than $661.50 then the minimum rate shall be $661.50. The minimum award rate to be paid per hour shall be $17.41.

9.4 Method of Calculation

9.4.1 For the purpose of calculating the rates in 9.2 and 9.3, wages shall be calculated each quarter on the basis of the average actually received by the adult employees during each of the weeks that 38 hours were worked during the previous quarter. The wage rates shall be recalculated on 1 November, 1 February, 1 May, 1 August each year or over some other consistent pattern each quarter which will not disadvantage the employees concerned. The new wage rates so determined shall operate from the beginning of the first pay to commence on or after the date the recalculation is to be made.

9.4.2 For the purpose of calculating the rates in 9.2 and 9.3, overtime payments and all allowances, loadings and penalty payments provided for under Part I shall be excluded.

9.4.3 An employee covered under Part V may check the relevant payroll record/s, should he/she wish to, to ensure that the wage rate has been correctly calculated.

9.5 Arbitrated safety net adjustment

[Pt V:9.5 inserted by R7070; substituted by S6783 PR918228 PR932048 PR947308; PR959867 ppc 07Jun05]

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

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

9A. TRANSITIONAL WAGE RATES FOR VICTORIA—APPLICATION OF COMMON RULE AWARD

[Pt V:9A inserted by PR959867 ppc 07Jun05]

9A.1 Clause 9A of this part contains the transitional rates of pay and allowances for employers in the state of Victoria who were previously not bound by Part V of this award, but are now subject to the award by virtue of the award having been declared a common rule under s.141 of the Workplace Relations Act 1996.

9A.2 These transitional rates of pay and allowances shall not apply after the beginning of the first pay period commencing on or after 1 August 2005.

9A.3 Wages and classifications (clauses 9.2 and 9.3)

9A.3.1 A trainer/supervisor/coordinator - level 1 shall be paid not less than 122% of the rate paid (excluding leading hand allowances) to the highest technically qualified employee supervised or trained as calculated in accordance with 9.4 below for 38 ordinary hours of work including overaward payments actually received. Provided that where the calculation is less than $588.50 then the minimum rate shall be $588.50. The minimum award rate to be paid per hour shall be $15.49.

9A.3.2 A trainer/supervisor/coordinator - level 2 shall be paid not less than 115% of the highest rate paid to persons supervised or trained as calculated in accordance with 9.4 below for 38 ordinary hours of work including overaward payments actually received. Provided that where the calculation is less than $644.50 then the minimum rate shall be $644.50. The minimum award rate to be paid per hour shall be $16.96.

10. SPECIAL CONDITIONS FOR METAL MANUFACTURES LIMITED AND LUCAS INDUSTRIES AUSTRALIA-AEROSPACE DIVISION

The following special conditions shall apply to trainers/supervisors/coordinators at Metal Manufactures Limited and Lucas Industries Australia Ltd-Aerospace Division in lieu of the provisions of 8.1 and clause 9.

10.1 Metal Manufactures Ltd

10.1.1 A trainer/supervisor/coordinator-level 1 shall mean an employee (other than a leading hand) appointed as such or required by Metal Manufactures Ltd to be mainly engaged in the direct supervision of employees , including the supervision of leading hands, covered by the Brass, Copper and Non-Ferrous Metals Industry Consolidated Award, 1975.

10.1.2 A trainer/supervisor/coordinator - level 2 shall mean an employee appointed as such or required by Metal Manufactures Ltd, to be mainly engaged in the direct supervision and coordination of the work of at least two trainer/supervisor/coordinators - level 1 (as defined in 9.1.1) but shall not include employees covered under Part II or professional engineers or scientists, nor works, factory, plant or production managers, nor departmental heads or the like.

10.1.3 The conditions of employment to apply to employees covered under 9.1 shall not be less favourable than those prescribed under the Brass, Copper and Non Ferrous Metals Industry Consolidated Award, 1995. Provided that where it has been the custom to do so, and the employer and employee agree, time off with pay may be taken in lieu of payment for overtime work, shift work or work on Sundays and holidays.

10.2 Lucas Industries Australia Ltd - Aerospace Division

10.2.1 A trainer/supervisor/coordinator-level 1 shall mean an employee (other than a leading hand) appointed as such or required by Lucas Industries Australia Ltd to be mainly engaged in the direct supervision of employees , including the supervision of leading hands, covered by the Aircraft Industry (Manufacture, Maintenance, Overhaul and Servicing) Award 1971.

10.2.2 A trainer/supervisor/coordinator - level 2 shall mean an employee appointed as such or required by Lucas Industries Australia Ltd - Aerospace Division, to be mainly engaged in the direct supervision and coordination of the work of at least two trainer/supervisor/coordinators - level 1 (as defined in 9.2.1) but shall not include employees covered under Part II or professional engineers or scientists, nor works, factory, plant or production managers, nor departmental heads or the like.

10.2.3 The conditions of employment to apply to employees covered under 9.1 shall not be less favourable than those prescribed under the Aircraft Industry (Manufacture, Maintenance, Overhaul and Servicing) Award 1971. Provided that where it has been the custom to do so, and the employer and employee agree, time off with pay may be taken in lieu of payment for overtime work, shift work or work on Sundays and holidays.

11. EMPLOYERS BOUND BY PART V

The following employers are bound by Part V:

ASTA Aircraft Services Ltd
AGFAB Engineering Pty Ltd
ARNOS Australia Pty Ltd
Australian Safeway Stores
Barlin Scott Air Conditioning
Brambles Australia Ltd
Brambles Tanker Division
British Aerospace Australia Ltd
Cablex Pty Ltd
Hyde Park Container Holdings Pty Ltd
Hyster Australia Pty Ltd
Kemcor Australia Pty Ltd
MTM Pty Ltd
Milnes Pty Ltd
STAL Refrigeration Pty Ltd
Stanger Switchgear
Ted Engineering Australia Ltd
The Labour Co-op
Townshend and Parker Gravity Die Casting Pty Ltd
Woolworths Ltd

METAL, ENGINEERING AND ASSOCIATED INDUSTRIES AWARD 1998 - PART VI - TRAINEE ENGINEERS AND SCIENTISTS

[Pt VI inserted by Q2527 from 30Jun98]

[Part VI see also Common Rule Declaration PR954297 appended to this award]

1. TITLE

1.1 This Part of the award shall be known as the Metal, Engineering and Associated Industries Award 1998 - Part VI - Trainee Engineers and Scientists. It is referred to in this Part as Part VI.

[Pt VI:1.2 varied by PR954288 ppc 14Dec04]

1.2 Part VI of the Award is referred to herein as "this Part". In Part VI, references to “Part I” are to the Metal, Engineering and Associated Industries Award 1998 - Part I - Metal, Engineering and Associated Industries Employees.

2. OPERATION AND PARTIES BOUND

2.1 This Part shall apply in New South Wales and Victoria.

2.2 This Part is binding upon the following organisations of employees and their members:

2.2.1 The Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union;

2.2.2 The Association of Professional Engineers, Scientists and Managers, Australia;

2.3 This Part is binding upon the following organisations of employers and their members:

2.3.1 Metal Trades Industry Association of Australia

2.3.2 The Australian Chamber of Manufactures

2.4 This Part applies to all employees who are members on eligible to be members of the organisations listed at 2.2.1 and 2.2.2 who are engaged in any of the classifications, occupations, industries or callings covered by the eligibility rules of those organisations.

2.5 Part VI wholly supersedes the Metal Industry Award 1984 - Part VI (Trainee Engineers and Scientists) but no right obligation or liability accrued or incurred under that award or variations to it shall be affected by such supersession.

2.6 This Part shall not apply to employers who are parties to and bound by The Vehicle Industry Award 1982 or any subsequent award made in that industry.

2.7 Until further order, this Part shall not apply to I.C.I Australia Operations Pty Ltd nor to Parties bound by the CSR Officers Award 1974.

3. INCIDENCE

The incidence of this Part shall be as prescribed by Schedule 'A' of Part I of this Award.

4. SALARIES

4.1 Trainee Engineer

An employee engaged as a trainee engineer and pursuing a part-time course approved by the employer leading to qualification as an engineering graduate or diplomate, shall be paid at the rate of the appropriate percentage in 4.3.1 hereof of the total rate of a level C6 employee in subclause 5.1.1 of Part I of this Award.

4.2 Trainee Scientists

An employee engaged as a trainee scientist and pursuing a part-time course approved by the employer leading to qualification as a science graduate or diplomate, shall be paid at the rate of the appropriate percentage in 4.3.1 hereof of the total rate of a level C6 employee in subclause 5.1.1 of Part 1 of this Award.

4.3 Salary Level

4.3.1

[Pt VI:4.3.1 substituted by R7072 S6784 PR905113 PR918228 PR932048; PR947308; PR959867 ppc 07Jun05]

4.3.2 In accordance with the decision of the Commission issued in transcript on 4 November 1997, the wage rates in the table above incorporate four phased adjustments which will increase the wage rates so that they are expressed as a percentage of the base rate, supplementary payment and safety net adjustment for the relevant classification. Any increase in wage rates resulting from these adjustments may be offset to the extent of any existing overaward payment.

4.3.3 Any Party to this Part may make application prior to the operative date of a phased adjustment to allow the Commission to hear argument regarding any economic impediment to the phased adjustment taking place.

NB. The annual salary shall be calculated to the nearest $1.00. Weekly rates shall be calculated by dividing the annual salary by 52.14 and the result expressed to the nearest five cents. The hourly rates shall be calculated by dividing the weekly rates by 38.

4.4 Arbitrated safety net adjustment

[Pt VI:4.4 substituted by S6784 PR918228 PR932048 PR947308; PR959867 ppc 07Jun05]

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

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

4.5 Minimum Rates Only

The salaries prescribed by 4.3.1 of this Part are the minimum amounts payable. The assessment of salaries above these minimum shall be at the discretion of the employer.

4A. TRANSITIONAL WAGE RATES FOR VICTORIA—APPLICATION OF COMMON RULE AWARD

[Pt VI:4A inserted by PR959867 ppc 07Jun05]

4A.1 Clause 4A of this part contains the transitional rates of pay and allowances for employers in the state of Victoria who were previously not bound by Part VI of this award, but are now subject to the award by virtue of the award having been declared a common rule under s.141 of the Workplace Relations Act 1996.

4A.2 These transitional rates of pay and allowances shall not apply after the beginning of the first pay period commencing on or after 1 August 2005.

4A.3 Schedule of Rates of Pay (clause 4.3.1)

5. PAYMENT OF FEES

A trainee who attends in any one year not less than 80 per cent of the maximum possible attendances of the approved course at the training institution at which she/he is pursuing their course of study, and passes the annual examinations in that year, or, if there is no examination, receives a satisfactory report, shall be reimbursed by the employer all fees paid by him/her for that course during the year. In the case of a trainee who complies with the foregoing requirement for attendance and who passes or receives a satisfactory report in a proportion of the subjects taken by him/her in any year, the employer shall reimburse a like proportion of the fees. The employer shall not, however, be required to reimburse fees or a proportion thereof for more than one year in excess of the period prescribed by a training institution for the approved course.

6. CONDITIONS OF EMPLOYMENT

6.1 The conditions of employment of trainees shall be the same as those prescribed from time to time in Part II of this Award except:

6.1.1 The course of study each year shall be mutually agreed between the employer and trainee so that the maximum attendance at the approved educational institution shall not exceed three nights per week of two hours' lecture or three hours' practical work each. All other time necessary for attendance at the approved educational institution to permit compliance with the syllabus thereat shall be allowed off during the day without loss of pay. In the event of disagreement between the employer and trainee regarding the course of study for any year, the recommendation of the educational institution shall be accepted;

6.1.2 The employer shall endeavour to see that any trainee shall not be obliged to work overtime when it interferes with studies;

6.1.3 No trainee shall be employed on shift work except at their own request during academic vacations;

6.1.4 Any trainee shall be allowed reasonable leave of absence without loss of pay for the purpose of sitting for examination in any subject or subjects being studied for the year.

7. SAVINGS

No salaries or rates or scale of salaries or conditions of employment paid or applied by an employer to any trainee as at the date of operation of this Part shall be reduced as a result of the making of this Part.

ROPING-IN AWARD NO. 1 OF 1998

[Roping-in award No. 1 of 1998 inserted by Q7615 ppc 25Aug98]

1 - TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping-in No 1) Award 1998 - Part 1.

2 - APPLICATION

The terms and conditions of the Award known as the Metal, Engineering and Associated Industries Award 1998 - Part 1 as varied and in force from time to time shall be binding upon the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (“The AMWU”) and members thereof and upon Kinetic Technologies International Pty Limited, 1 Kembla Street, Cheltenham VIC 3192.

3 - OPERATION

This award shall come into force from the beginning of the first pay period which commenced on or after 25 August 1998 and shall continue in operation for a period of 12 months.

ROPING-IN AWARD NO. 2 OF 1998

[Roping-in award No. 2 of 1998 inserted by R2500 ppc 22Feb98]

2 – PARTIES BOUND

This award shall be binding on:

(a) The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, its officers and members;

(b) Always Powder Coating Pty Limited.

3 – INCIDENCE

This award applies in the manner specified in clause 1.6 of the Metal, Engineering and Associated Industries Award, 1998 – Part 1.

4 – TERMS AND CONDITIONS OF EMPLOYMENT

(a) The terms and conditions of employment that apply to the employees bound by this award are those set out in the Metal, Engineering and Associated Industries Award, 1998 – Part 1 and the Metal Industry (Superannuation) Award 1989.

Savings

(b) Nothing in this award shall operate to reduce the terms and conditions of employment of the employees bound by the award.

5 – DATE AND PERIOD OF OPERATION

This award shall come into force on 22 February 1999 and shall remain in force for a period of twelve months.

ROPING-IN AWARD NO. 1 OF 1999

[Roping-in Award No. 1 of 1999 inserted by R9359 ppc 16Sep99; varied by R9609 ppc 16Sep99]

1 - TITLE

This award shall be known as the Metal, Engineering and Associated Industries Award (Roping-in No. 1) Award 1999 - Part 1.

2 - PARTIES BOUND

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;

2. Central Spring Works Australia Pty Ltd;

3. All employees of Central Spring Works Australia Pty Ltd who are eligible to be, whether or not they are, members of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union.

3 - APPLICATION

Subject to that which is otherwise provided in this Award, the provisions of the Metal, Engineering and Associated Industries Award shall apply.

4 - OPERATION

This Award shall come into force from the beginning of the first full pay period commencing on or after 16 September 1999, and remain in force for a period of 6 months.

ROPING-IN AWARD NO. 1 OF 2001

[Roping-in Award No. 1 of 2001 inserted by PR902630 ppc 20Feb01]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping-in No.1) Award 2001.

2. PARTIES BOUND

2.1 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and at Schedule E. Delmore Forklifts Pakenham.

2.2 All employees of Delmore Forklifts who are eligible to be, whether or not they are, members of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union.

3. APPLICATION

Subject to that which is otherwise provided in this Award, the provision of the Metal, Engineering and Associated Industries Award 1998.

4. OPERATION

This Award shall come into force from the beginning of the first full pay period commencing on or after 22 February 2001, and remain in force for a period of 6 months.

ROPING-IN AWARD NO. 2 OF 2001

[Roping-in Award No. 2 of 2001 inserted by PR908064 from 17Aug01]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping-in No. 2) Award 2001.

2. PARTIES BOUND

The award shall be binding upon:

2.1 The Automotive, Food, Metal, Engineering Printing and Kindred Industries Union and its members; and

2.2 Ausmetal C.S.A. Industries Pty Ltd, 15-17 Molan Street, Ringwood Vic 3134.

3. APPLICATION

Subject to that which is otherwise provided in this award the provisions of Metal, Engineering and Associated Industries Award, 1998 - Part I as varied shall apply to and be binding on the parties to this award.

4. OPERATION AND DURATION

This award shall come into force on and from 17 August 2001 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 3 OF 2001

[Roping-in Award No. 3 of 2001 inserted by PR908736 from 06Sep01]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping-in No. 3) Award 2001.

2. PARTIES BOUND

The award shall be binding upon:

2.1 The Automotive, Food, Metal, Engineering Printing and Kindred Industries Union and its members; and

2.2 Transformers Manufacturing Company Pty Ltd, 19 Ewing Street, Brunswick Victoria 3056.

3. APPLICATION

Subject to that which is otherwise provided in this award the provisions of Metal, Engineering and Associated Industries Award, 1998 - Part I as varied from time to time shall apply to and be binding on the parties to this award.

4. OPERATION AND DURATION

This award shall come into force on and from the beginning of the first full pay period commencing on or after 6 September 2001and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 4 OF 2001

[Roping-in Award No. 4 of 2001 inserted by PR909450 from 21Sep01]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries Award 1998 (Roping-in No. 4) Award 2001.

2. PARTIES AND PERSONS BOUND

This award shall be binding upon:

2.1 The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union) and its members; and

2.2 Serco Australia Pty Limited, in respect of its employees whether members of the Union or not, engaged in the performance of work within the scope of the Metal, Engineering and Associated Industries Award 1998 Parts I and II, other than in respect of employment at the Serco Citiwest Water site in Sunshine, Victoria.

3. APPLICATION

Subject to that which is otherwise provided in this Award the provisions of the Metal, Engineering and Associated Industries Award 1998 Parts I and II as varied from time to time shall apply to and be binding on the parties to this Award.

4. OPERATION

This Award shall come into force from the first pay period to commence on or after 21 September 2001 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 5 OF 2001

[Roping-in Award No. 5 of 2001 inserted by PR910181 ppc 10Oct01]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries Award 1998 Roping-in No. 3 Award 2001.

2. PARTIES AND PERSONS BOUND

This award shall be binding upon:

2.1 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union) and its members; and

2.2 The employers set out in Schedule A in respect of their employees whether members of the Union or not, engaged in the performance of work within the scope of the Metal, Engineering and Associated Industries Award 1998.

3. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Metal, Engineering and Associated Industries Award 1998, as varied from time to time, shall apply to and be binding on the parties to this Award.

4. OPERATION

This Award shall come into force from the first pay period to commence on or after 10 October 2001 and shall remain in force for a period of six months.

SCHEDULE A

Panel Tech Industries (Qld) Pty Limited
28 Antimony St
Carole Park QLD 4300

Panel Tech Industries (NSW) Pty Limited
42 Gifford St
Silverwater NSW 2128

Panel Tech Industries (Vic) Pty Limited
489 Mountain Highway
Bayswater Vic 3153

ROPING-IN AWARD NO. 6 OF 2001

[Roping-in Award No. 6 of 2001 inserted by PR912906 ppc 17Dec01]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping-in No. 6) Award 2001.

2. PARTIES BOUND

This award shall be binding upon:

2.1 The Australian Workers' Union, its officers and members;

2.2 ERS Australia Pty Ltd;

2.3 Omega Climate Systems Pty Ltd.

3. INCIDENCE

This award applies in the manner specified in clause 1.6 of the Metal, Engineering and Associated Industries Award 1998 - Part I.

4. TERMS AND CONDITIONS OF EMPLOYMENT

Subject to that which is otherwise provided in this award, the terms and conditions of employment that apply to employees bound by this award are those set out in the Metal, Engineering and Associated Industries Award 1998 - Part I, the Metal Industry (Superannuation) Award 1989, and the Metal, Engineering and Associated Industries (Accident Pay, Victoria) Award 1998.

5. DATE AND PERIOD OF OPERATION

This award shall come into force on and from 17 December 2001 and shall remain in force for a period of twelve months.

ROPING-IN AWARD NO. 1 OF 2002

[Roping-in Award No. 1 of 2002 inserted by PR915285 ppc 08Mar02]

1 – TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping-in No. 1) Award 2002 (the Award).

2 - PARTIES AND PERSONS BOUND

This Award shall be binding upon:

2.1 The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union), its officers and members; and

2.2 The Joyce Healthcare Group Pty Ltd t/as Oxford Products Division in respect persons employed in Victoria who are eligible to be members of the Union, whether members or not.

3 - APPLICATION

Subject to that which is otherwise provided in this Award, the provisions of the Metal, Engineering and Associated Industries Award 1998 [AW789529], as varied from time to time, shall apply.

4 - SAVINGS PROVISION

No employee shall, as a result of the making of this Award, suffer any loss of existing wages or other benefits which would constitute any allowable award matter to which the employee is entitled prior to the date of the coming into operation of this Award.

5 - OPERATION

This Award shall come into force from the first pay period to commence on or after 8 March 2002 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 2 OF 2002

[Roping-in Award No. 2 of 2002 inserted by PR915455 ppc 05Mar02; title number corrected by PR935521 ppc 05Mar02; varied by PR935680 ppc from 30Jul03]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping in No. 2) Award 2002.

2. PARTIES BOUND

This award shall be binding upon:

(a) The Australian Workers’ Union, its officers and members;

(b) Foster Plastics Industries Pty Ltd., 49-67 Sages Road, Glenroy VIC 3046

[(c) inserted by PR935680 from 30Jul03]

(c) FPI Compounds Pty Ltd, 49-67 Sages Road, Glenroy, Victoria 3046.

3. INCIDENCE

Subject to that which is otherwise provided in this award, this award applies in the manner specified in clause 1.6 of the Metal, Engineering and Associated Industries Award 1998 – Part 1.

4. TERMS AND CONDITIONS OF EMPLOYMENT

(a) Subject to that which is otherwise provided in this award, the terms and conditions of employment that apply to employees bound by this award are those set out in the Metal, Engineering and Associated Industries Award 1998 – Part 1, the Metal, Engineering and Associated Industries (Superannuation) Award 2000, and the Metal, Engineering and Associated Industries (Accident Pay, Victoria) Award 1998.

(b) Schedule B of Metal, Engineering and Associated Industries Award 1998 – Part 1 shall not apply to Foster Plastics Industries Pty Ltd.

5. DATE AND PERIOD OF OPERATION

This award shall come into force on and from the 5 March 2002 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 3 OF 2002

[Roping-in Award No. 3 of 2002 inserted by PR915825 18Mar02]

1 - TITLE

This award shall be known as the Metal, Engineering and Associated Industries Award 1998 Roping-in No. 3 Award 2002.

2 - PARTIES AND PERSONS BOUND

This award shall be binding upon:

2.1 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union) and its members; and

2.2 The employers set out in Schedule A in respect of their employees whether members of the Union or not, engaged in the performance of work within the scope of the Metal, Engineering and Associated Industries Award 1998 - Part I.

3 - APPLICATION

Subject to that which is otherwise provided in this award the provisions of the Metal, Engineering and Associated Industries Award 1998 - Parts as varied from time to time, shall apply to and be binding on the parties to this Award.

4 - DATE OF OPERATION

This Award shall come into force from the first pay period to commence on or after 18 March 2002 and shall remain in force for a period of six months.

SCHEDULE A

Thales Training & Simulation Pty Ltd, Cowper Wharf Road, Potts Point Garden Island NSW 2011
Thales Training & Simulation Pty Ltd, Building 361, RAAF Amberley, PO Box 55, Amberley QLD 4306
Thales Training & Simulation Pty Ltd, Building 398, RAAF Base Edinburgh Adelaide SA 5111
Thales Solutions Holdings Pty Ltd, 3 Powells Road, Brookvale NSW 2100
Thales ATM Pty Ltd, 780 Elizabeth Street, Melbourne VIC 3000
Thales Geosolutions (Australia) Ltd, 3 Powells Road, Brookvale NSW 2100
Racal Australia, 3 Powells Road, Brookvale NSW 2100
Racal - Guardata Pty Ltd, 3 Powells Road, Brookvale NSW 2100
Racal-Redac Pty Ltd, 3 Powells Road, Brookvale NSW 2100
Racal Electronics Pty Ltd, 3 Powells Road, Brookvale NSW 2100
Racal Health & Safety Pty Ltd, 3 Powells Road, Brookvale NSW 2100

Leave Reserved

Thales International Pacific Holdings Pty Ltd, 103 Northbourne Avenue, Turner NSW 2612
Thales Underwater Systems Pty Ltd, 274 Victoria Road, Rydalmere NSW 2116
Racal Technical Management Pty Ltd, 129 Scarvell Place, Kooralbyn QLD 4285

ROPING-IN AWARD NO. 4 OF 2002

[Roping-in Award No. 4 of 2002 inserted by PR920803 ppc 30Jul02]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries Award 1998 (Roping-in No. 4) Award 2002.

2. PARTIES AND PERSONS BOUND

This award shall be binding upon:

2.1 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the union) and its members; and

2.2 GBC Scientific Equipment Pty Ltd, 12 Monterey Road, Dandenong Vic 3175, in respect of its employees whether members of the union or not, engaged in the performance of work within the scope of the Metal, Engineering and Associated Industries Award 1998.

3. APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Metal, Engineering and Associated Industries Award 1998 Parts II and V as varied from time to time, shall apply to and be binding on the parties to this award.

4. OPERATION

This award shall come into force from the beginning of the first full pay period to commence on or after 30 July 2002 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 5 OF 2002

[Roping-in Award No. 5 of 2002 inserted by PR923718 ppc 16Oct02]

1 - TITLE

This award shall be known as the Metal, Engineering and Associated Industries Award 1998 Roping-in No. 5 Award 2002.

2 - PARTIES AND PERSONS BOUND

This award shall be binding upon:

2.1 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union) and its members; and

2.2 The employers set out in Schedule A in respect of their employees, whether members of the Union or not, engaged in the performance of work within the scope of the Metal, Engineering and Associated Industries Award 1998.

3 - APPLICATION

Subject to that which is otherwise provided in this award, the provisions of the Metal, Engineering and Associated Industries Award 1998, as varied from time to time, shall apply to and be binding on the parties to this award.

4 - OPERATION

This award shall come into force from the first pay period to commence on or after 16 October 2002 and shall remain in force for a period of six months.

SCHEDULE A

Accord Customer Care Solutions (Aust) Pty Ltd

ACN 098 683 955

Accord Customer Care Solutions Pty Ltd

ACN 066 795 971

Accord Customer Care Solutions (Vic) Pty Ltd

ACN 098 684 514

Accord Customer Care Solutions (NSW) Pty Ltd

ACN 098 685 137

Accord Customer Care Solutions (Qld) Pty Ltd

ACN 098 685 477

Accord Customer Care Solutions (SA) Pty Ltd

ACN 099 523 556

Accord Customer Care Solutions (WA) Pty Ltd

ACN 098 685 299

ROPING-IN AWARD NO. 6 OF 2002

[Roping-in Award No. 6 of 2002 inserted by PR926086 ppc 03Dec02]

1 TITLE

This award shall be known as the Metal, Engineering and Associated Industries Award 1998 Roping-in No. 6 Award 2002.

2. PARTIES BOUND

This award shall be binding upon:

2.1 Automotived, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union) and its members; and

2.2 The employers set out in Schelule A in respect of their employees whether members of the Union or not, engaged in the performance of work within the scope of the Metal, Engineering and Associated Industries Award 1998.

3. COVERAGE OF THE AWARD

Subject to that which is otherwise provided in this award provisions of the Metal, Engineering and Associated Industries Award 1998 Parts as varied from time to time, shall apply to and be binding upon the parties to this Award.

4. OPERATION

This award will come into force from the beginning of the first pay period commencing on or after 3 December 2002 and shall remain in force for six months.

SCHEDULE A

Goodman Fiedler Limited
75 Talavera Road
MACQUARIE PARK NSW 2113

Australian Aerospace Pty Ltd
Unit 65, 72 Pandanus Avenue
EAGLE FARM QLD 4009

ROPING-IN AWARD NO. 1 OF 2003

[Roping-in Award No. 1 of 2003 inserted by PR934072 from 30Jun03]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping-in No. 1) Award 2003.

2. PARTIES BOUND

This award shall be binding upon:

2.1 The Australian Workers’ Union, its officers and members; and

2.2 Aluminium Profiles (Australia) Pty Ltd, 25-31 Licola Cres, Dandenong South 3175.

3. INCIDENCE

This award applies with respect to all employees of Aluminium Profiles (Australia) Pty Ltd in the State of Victoria performing work within the scope of the Metal, Engineering and Associated Industries Award, 1998 - Part 1 [AW789529].

4. TERMS AND CONDITIONS OF EMPLOYMENT

The terms and conditions of employment that apply to employees to which this award applies are set out in the Metal, Engineering and Associated Industries Award, 1998 - Part 1, the Metal, Engineering and Associated Industries (Superannuation) Award 2000,and the Metal, Engineering and Associated Industries (Accident Pay, Victoria) Award 1998.

5. DATE AND PERIOD OF OPERATION

This award shall come into force on and from 30 June 2003 and shall remain in force for a period of twelve months.

ROPING-IN AWARD NO. 2 OF 2003

[Roping-in Award No. 2 of 2003 inserted by PR935506 ppc 29Jul03]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping-in No. 2) Award 2003.

2. PARTIES BOUND

This award shall be binding upon:

2.1 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, its officers and members; and

2.2 Miquin Pty Ltd trading as Yarroweyah Engineering, Murray Valley Highway, Yarroweyah Vic 3644.

3. INCIDENCE

This award applies with respect to all employees of Miquin Pty Ltd trading as Yarroweyah Engineering in the State of Victoria performing work within the scope of the Metal, Engineering and Associated Industries Award, 1998 - Part I.

4. TERMS AND CONDITIONS OF EMPLOYMENT

The terms and conditions of employment that apply to employees to which this award applies are set out in the Metal, Engineering and Associate Industries Award, 1998 - Part I, and The Metal, Engineering and Associated Industries (Accident Pay, Victoria) Award 1998 [AW789881 Print R0318].

5. DATE AND PERIOD OF OPERATION

This award shall come into force on and from 29 July 2003 and shall remain in force for a period of twelve months.

ROPING-IN AWARD NO. 3 OF 2003

[Roping-in Award No. 3 of 2003 inserted by PR939278 ppc 02Oct03]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping-in No. 3) Award 2003 (the Award).

2. PARTIES AND PERSONS BOUND

This Award shall be binding upon:

2.1 the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and its members; and

2.2 the employers set out in Schedule A in respect of their employees whether members of the Union or not, engaged in the performance of work within the scope of the Metal, Engineering and Associated Industries Award, 1998 - Part I.

3. APPLICATION

Subject to that which is otherwise provided in this Award the provisions of the Metal, Engineering and Associated Industries Award, 1998 - Part I as varied from time to time shall apply to and be binding upon the parties to this Award.

4. DATE AND PERIOD OF OPERATION

This award shall come into force from the first pay period to commence on or after 2 October 2003 and shall remain in force for a period of six months.

SCHEDULE A

Hoist Hydraulics Pty Ltd
88-90 Canterbury Road
KILSYTH VIC 3137

Colour Clad Pty Ltd
33 Wedgewood Road
HALLAM VIC 3808

Contract Hardware
24-28 Donga Road
GEELONG NORTH VIC 3215

ROPING-IN AWARD NO. 1 OF 2004

[Roping-in Award No. 1 of 2004 inserted by PR945901 ppc 06Apr04]

1 - TITLE

This award shall be known as the Metal, Engineering and Associated Industries Award 1998 Roping-in No. 1 Award 2004 (the Award).

2 - PARTIES AND PERSONS BOUND

This Award shall be binding upon:

2.1 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union) and its members; and

2.2 The employers set out in Schedule A in respect of their employees whether members of the Union or not, engaged in the performance of work within the scope of the Metal, Engineering and Associated Industries Award, 1998 - Part I.

3 - APPLICATION

Subject to that which is otherwise provided in this Award the provisions of the Metal, Engineering and Associated Industries Award, 1998 - Part I as varied from time to time, shall apply to and be binding on the parties to this Award.

This Award shall come into force from the first pay period to commence on or after 6 April 2004 and shall remain in force for a period of six months.

SCHEDULE A

South Australia

1. Adelaide Inspection Services Pty. Ltd, Mersey Road, Outer Harbour, SA 5018
2. A. Noble & Son Limited, 127 Norrie Avenue, Whyalla Norrie, SA 5608
3. A. Noble & Son Limited, 80-92 Grand Junction road, Kilburn, SA 5084

New South Wales

4. Overall Forge Pty. Limited, Lot 7, R.W. Henry Drive, Albury, NSW 2640
5. Titan Wheels Australia Pty. Ltd, Lot 105 Carramere Road, Muswellbrook, NSW 2333
6. Bullivants Pty. Limited, 5 Investigator Drive, Unanderra, NSW 2526
7. Bullivants Pty. Limited, 32 Parker Street, Carrington, NSW 2294
8. Bullivants Pty. Limited, 10 Marigold Place, Revesby, NSW 2212
9. A. Noble & Son Limited, 17-21 Byrne Street, Auburn, NSW 2144
10. Cooperheat of Australia Pty. Limited, Wayanna Grove, Yennora, NSW 2161
11. Welding & Maintenance, 2 Elizabeth Drive, Noraville, NSW 2263
12. HVT Inspection Services Pty. Ltd., Unit 3/9-11 Cullen Place, Smithfield, NSW 2164
13. C.J. Wallis Pty. Ltd (Trading as AAI - All), 6 Hession Road, Nelson, NSW 2765
14. Quron Pty. Ltd., 52 Bradman Street, Merrylands, NSW 2160
15. ARL Laboratory Services Pty. Ltd., 5 Junction Street, Auburn, NSW 2144

Queensland

16. Metecon Pty. Limited, Unit 4, 37 Queens Road, Everton Hills, QLD 4053
17. AXS Pty. Ltd, Unit 7, 37 Connors Road, Paget, QLD 4740
18. Intico (Qld) Pty. Ltd., 7 Palmer Place, Murrarrie, QLD 4172
19. Bullivants Pty. Limited, 81 Colebard Street West, Acacia Ridge, QLD 4110
20. Bullivants Pty. Limited, 2 Leyland Street, Garbutt, Townsville, QLD 4814
21. Bullivants Pty. Limited, 10 Michelmore Street, Paget, Mackay, QLD 4740
22. A. Noble & Son Limited, 16 Precision Street, Salisbury, QLD 4107
23. A. Noble & son Limited, 228 Alexandra Street, Rockhampton North, QLD 4701
24. Cooperheat of Australia Pty. Limited, 3 Bensted Street, Gladstone, QLD 4680
25. Inspections X-Ray & Testing Pty. Ltd., 2 Station Street, Mount Isa, QLD 4825
26. Industrial & Technical Services Pty. Ltd, 37 Lord Street, Gladstone, QLD 4680
27. Walkers Limited, 23 Bowen Street, Maryborough, QLD 465029
28. A.E. Meta - Sonic Pty. Ltd., 25-27 Enkleman Road, Yatala, QLD 4207
29. Major Industrial Inspection Pty. Ltd, 39 Silica Street, Carole Park, QLD 4300

30. Industrial Imaging Pty. Ltd., Unit 2, 3359 Mt. Lindesay Highway, Browns Plains , QLD 4118

31. Australasian Inspection Services, 5081 Mt. Lindesay Highway, Jimboomba, QLD 4280

Victoria

32. Barron Enterprises Pty. Ltd., 10 Leckie Street, Bentleigh, VIC 3204
33. Bullivants Pty. Limited, 20 Overseas Drive, Noble Park, VIC 3174
34. A. Noble & Son Limited, 135 South Gippsland Highway, Dandenong South, VIC 3175
35. Kempe Project Engineers Pty. Ltd., 156 Moon Street, Moolap, VIC 3221
36. Offshore Containers International P/L, 24 Hunt Place, Wurruk, VIC 3850
37. Lifting Gear Services Pty. Ltd., 45 Jeanette Street, Bayswater, VIC 3153
38. Contact Casting Pty Ltd, 59 Jersey Road, Bayswater, VIC 3153

LEAVE RESERVED

New South Wales

1. Connell Wagner PPI - Technical Services, Advanced Technology Centre, University of Newcastle, Callaghan, NSW 2308

2. Metalert (A Division of Taylor Technology), 38 Darling Street, Carrington, NSW 2294

3. Multi-Test Inspection Services, 1-3 Jill Street, Marayong, NSW 2148

4. South Pacific Engineering Pty. Ltd, Unit 17, 6 Parry Road, Chipping Norton, NSW 2170

Tasmania

1. METASERV Pty. Ltd, 10 Richard Street, Breadalbane, TAS 7258

Queensland

1. M-Test (Mackay) Pty. Ltd, Unit 8, Heaths Road, Glenella, Mackay, QLD 4740

ROPING-IN AWARD NO. 2 OF 2004

[Roping-in Award No. 2 of 2004 inserted by PR948162 ppc 28May04]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping-in No. 2) Award 2004 (the Award).

2. PARTIES AND PERSONS BOUND

This Award shall be binding upon:

2.1 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union) and its members; and

2.2 The employers set out in Schedule A in respect of their employees whether members of the Union or not, engaged in the performance of work within the scope of the Metal, Engineering and Associated Industries Award 1998.

3. APPLICATION

Subject to that which is otherwise provided in this Award the provisions of the Metal, Engineering and Associated Industries Award 1998 as varied from time to time, shall apply to and be binding on the parties to this Award.

SCHEDULE A

John Devilee Refrigeration Pty Ltd t/a Devilee’s Air Conditioning & Refrigeration PO Box 947 MILDURA VIC 3502

ROPING-IN AWARD NO. 3 OF 2004

[Roping-in Award No. 3 of 2004 inserted by PR950121 ppc 21Jul04]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping-in No. 3) Award 2004.

2. PARTIES AND PERSONS BOUND

2.1 Automotive, Food, Metal, Engineering Printing and Kindred Industries Union (the Union) and its members; and

2.2 The employers set out in Schedule A in respect of their employees whether members of the Union or not, engaged in the performance of work within the scope of the Metal, Engineering and Associated Industries Award 1998.

3. APPLICATION

Subject to that which is otherwise provided in this Award the provisions of the Metal, Engineering and Associated Industries Award 1998 as varied from time to time, shall apply to and be binding on the parties to this award.

4. DATE OF OPERATION

This award shall come into force from the beginning of the first full pay period commencing on or after 21 July 2004 and shall remain in force for a period of six months.

SCHEDULE A

Bendigo Building Products Pty Ltd, 158-160 Midlands Highways, Epsom Vic 3551

Ultratest Pty Ltd, Unit 2, 76 Playne Street, Frankston Vic 3199

ROPING-IN AWARD NO. 1 OF 2005

[Roping-in Award No. 1 of 2005 inserted by PR967233 ppc 16Dec05]

1. TITLE

This award shall be known as the Metal, Engineering and Associated Industries (Roping-in No. 1) Award 2005.

2. PARTIES AND PERSONS BOUND

This award shall be binding upon:

2.1 Automotive, Food, Metals, Engineering, Metals and Kindred Industries Union (the Union) and its members; and

2.2 Connell Wagner Pty Ltd t/as Connell Wagner, Connell Mott MacDonald, Connell Wagner PPI and Connell Hatch, 60 Albert Road, South Melbourne VIC 3205 in respect of their employees whether members of the Union or not;

engaged in the performance of work within the scope of the Metal, Engineering and Associated Industries Award 1998, Parts I, II and V.

3. APPLICATION

Subject to that which is otherwise provided in this Award, the provisions of the Metal, Engineering and Associated Industries Award 1998, Parts I, II and V, as varied from time to time, shall apply to and be binding on the parties to this Award.

4. COMMENCEMENT DATE AND PERIOD OF OPERATION

This award shall come into force from the first pay period to commence on or after 16 December 2005 and shall remain in force for a period of six months.

COMMON RULE DECLARATION - VICTORIA

[Parts I, II, V and VI of award declared common rule by PR954297 from 01Jan05]

Pursuant to ss.141 and 493A of the Workplace Relations Act 1996, (Cth) (the Act) the Commission makes the following common rule declaration:

1. In this declaration:

1.1 “the award” means the Metal, Engineering and Associated Industries Award 1998, as varied from time to time;

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

1.3 “employers” means employers who employ employees; and

1.4 “the industry” means the metal working and engineering and fabricating industries, and all allied industries including the following descriptions of industry or callings which may be read either alternatively or collectively in any combination whatsoever:

1.4.1 Mechanical and electrical engineering.

1.4.2 Shipbuilding and repairing.

1.4.3 Smithing.

1.4.4 Boilermaking and erection and repairing.

1.4.5 Bridge and girder construction and erection and repairing.

1.4.6 Steel fabrication, construction and erection, and repairing.

1.4.7 Welding.

1.4.8 Tool, die, gauge and mould making.

1.4.9 Sheet metal working.

1.4.10 Metal moulding.

1.4.11 Diecasting.

1.4.12 Stovemaking and repairing.

1.4.13 Agricultural implement making and repairing.

1.4.14 Metal pressing and stamping.

1.4.15 Porcelain enamelling.

1.4.16 Manufacture of porcelain enamels, oxides, glazes and similar materials.

1.4.17 Metal machining.

1.4.18 Ironworking.

1.4.19 Iron and steel pipe making and fabrication.

1.4.20 Window frame making and repairing.

1.4.21 Safe and strong-room making and repairing.

1.4.22 The manufacture, erection and installation, maintenance and repair of all forms of electrical machinery, apparatus and appliances, including valve - and globe manufacturing.

1.4.23 Radio, telephone and X-ray manufacturing, maintaining and repairing.

1.4.24 Manufacture of insulation materials and articles.

1.4.25 Wet and dry battery manufacturing and repairing.

1.4.26 Manufacture, erection, installation, maintenance and repair of electrical advertising equipment including neon signs.

1.4.27 Manufacture, erection, installation, maintenance and repair of fluorescent lighting.

1.4.28 The drawing and insulation of wire for the conducting of electricity.

1.4.29 The manufacture and repair of recording, measuring and controlling devices for electricity, fluids, gases, heat, temperature, pressure, time, etc.

1.4.30 The production by mechanical means of industrial gases (other than coal gas).

1.4.31 The making of canisters, drums and other metallic containers.

1.4.32 Galvanising, tinning and pickling.

1.4.33 Electroplateware manufacturing.

1.4.34 Electroplating of all types.

1.4.35 Processing of metals such as sherardising and bonderizing.

1.4.36 Lift and elevator making, repairing and maintenance.

1.4.37 Plastic moulding, casting or fabricating in synthetic resins, or similar materials and including the production of synthetic resins, powders, tablets, etc, as used in such processes.

1.4.38 Melting and smelting of metals.

1.4.39 Refrigerator manufacturing, maintaining and repairing.

1.4.40 Perambulator manufacturing and repairing.

1.4.41 Making, manufacture, installation, maintenance and repair of ventilating and air-conditioning plant and equipment.

1.4.42 Metal furniture manufacturing and repairing.

1.4.43 Kitchenware manufacturing.

1.4.44 Metallic toy and sporting goods manufacturing.

1.4.45 The making, assembling, repairing and maintenance of vehicles (except where such work is at present covered by another federal award).

1.4.46 The manufacture of bolts, nuts, screws, rivets, washers and similar articles.

1.4.47 The manufacture of bright steel bars, rods, shafting, etc.

1.4.48 Making, manufacture, installation, maintenance and repair of scales and machines for measuring mass and equipment.

1.4.49 Making, manufacture, installation, maintenance and repair of watches and clocks, including cases.

1.4.50 Making, repairing, reconditioning and maintenance of motor engines, and/or parts thereof, and of the mechanical and electrical parts including the transmission and chassis of motor cars, motor cycles and other motor driven vehicles.

1.4.51 The making of metal motor body parts.

1.4.52 Japanning, enamelling, painting etc, of metallic articles.

1.4.53 Hand and machine engraving.

1.4.54 Badge and name-plate manufacturing, including chemical engraving.

1.4.55 Manufacture, testing and repair of water fittings.

1.4.56 Manufacture of any article or articles from metal wire.

1.4.57 Installation of all classes and types of electrical wiring equipment and plant, and the repair and maintenance thereof.

1.4.58 Generation and distribution of electric energy.

1.4.59 Manufacture of ceramic articles for use in the metal trades industries.

1.4.60 Making, manufacture, treatment, installation, maintenance, repair and reconditioning of any articles, part or component, whether of metal and/or other material in any of the foregoing industries.

1.4.61 Sorting, packing, despatching, distribution and transport in connection with any of the foregoing.

1.4.62 Making, manufacture, installation, construction, maintenance, repair and reconditioning of plant, equipment, buildings and services (including power supply) in establishments connected with the industries and callings described herein and maintenance work generally.

1.4.63 Every operation, process, duty and function carried on or performed in or in connection with or incidental to any of the foregoing industries.

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

2.1 a common rule for the industry in Victoria and known as the Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005.

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

2.3 binding on all employees. [See Note 1 below.]

3. Clause 1.5 - Commencement Date of Award and Period of Operation of Part I of the award is not included in the Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005.

4. Subject to clauses 4.1 to 4.5 below, all provisions in the Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.

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

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

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

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

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

5. The Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005 shall not apply to employers respondent by any means to any other award of the Commission in respect of the employment by them of employees covered by that award.

6. This declaration shall not apply to a person with a disability who is eligible for a Disability Support Pension and who is employed by a supported employment service that receives funding under the Disability Services Act 1986 (Cth) to provide support for that person. [See Note 2 below.]

7. An employer who is making superannuation contributions into a complying superannuation fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an employee covered by this declaration, prior to the date of effect of this declaration is exempt from any provision in the award which specifies the fund or funds into which superannuation contributions are to be paid. [See Note 3 below.]

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

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

This clause shall apply for a period of twelve months from the commencement date of the Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005.

Any registered organisation bound by the terms of the Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation to any application made pursuant to this provision.

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

10. This declaration shall come into force on 1 January 2005 and remain in force for a period of three months and thereafter in accordance with the Act. [See Note 4 below.]

Note 1

1. Part I of the award does not apply to the persons, organisations, industries and employers in Schedule B of Part I of the award.

2. Part II of the award does not apply to:

2.1. Persons mainly engaged in the supervision of employees where such employees are outside the coverage of the award;

2.2 The companies listed in clause 14 - Exemptions of Part II of the award; and

2.3 The persons, organisations, industries and employers in Schedule B of Part I of the award.

3. Part V of the award does not apply to any sole trader, partnership, firm, company or corporation where, as at 15 August 1978 the total number of employees, irrespective of the location, employed by the sole trader, partnership, firm, company or corporation, was less than 30.

4. Part VI of the award does not apply to:

4.1 Employers who are parties to and bound by The Vehicle Industry Award 1982 or any subsequent award made in that industry;

4.2 The company listed in clause 2.7 of Part VI of the award; and

4.3 The parties bound by the CSR Officers Award 1974.

Note 2

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

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

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

Note 3

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

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

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

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

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

Note 4

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

** end of text **