Vol. 335, Part 1 12 July 2002 Pages 1 177

Vol. 335, Part 1 12 July 2002 Pages 1 – 177

NEW SOUTH WALES INDUSTRIAL GAZETTE

Printed by the authority of the Industrial Registrar 50 Phillip Street, Sydney, N.S.W.

ISSN 0028-677X CONTENTS

Vol. 335, Part 1 12 July 2002

Pages 1 - 177

Awards and Determinations

Awards Made or Varied

Agricultural, Pastoral or Horticultural Society's Show (State) (VIRC) 165 Clerical and Administrative Employees (Onesteel Manufacturing Pty Ltd) (VSW) 151 Clerical and Administrative Employees (Onesteel Wire Pty Ltd - Newcastle Ropery) (VSW) 149 Clerical and Administrative Employees (Onesteel Wire Pty Ltd - Newcastle Wiremill) (VSW) 153 David Mitchell (NSW) Pty Ltd Enterprise Award 2001 (AIRC) 108 Fernz Minerals Banksmeadow Site Enterprise Consent Award 2001, The (AIRC) 1 Health Employees Conditions of Employment (State) (VIRC) 157 Health Managers (State) (VIRC) 164 Health, Fitness and Indoor Sports Centres (State) (VIRC) 162 Journalists &c. (Conde Nast Publications) Award 2001 (VSW) 146 Journalists (The Open Road Publishing CO.) Consolidated (VSW) 145 Journalists, &c (Federal Publishing Company Pty Ltd) Award 1995 (VSW) 147 Kellogg (Aust) Pty Ltd Botany (NUW) Consent Award 1999 (VIRC) 155 Luna Park Enterprise Award 1999 (VIRC) 142 Miscellaneous Workers SDN Children's Services Long Day Care Centres (Conditions of Employment) (State) (AIRC) 135 MM Kembla Products (Clerical and Administrative Employees) Enterprise Bargaining (VSW) 143 Northcott Society (State), The (VIRC) 159 South Sydney City Council Salaried Officers Award 2001 (AIRC) 43 Teachers (KU Children's Services) (State) (AIRC) 76 Woolworths Supermarkets and Warehouse Administration (State) (AIRC) 22

Industrial Committees

Hotel Employees (State) 167 Waste Industry Collection and Transportation of Waste 168 Waste Industry Collection and Transportation Recycling and Disposal 170

Enterprise Agreements Approved by the Industrial Relations Commission 171 N.S.W. INDUSTRIAL GAZETTE — Vol. 335 12 July 2002

NEW SOUTH WALES

INDUSTRIAL GAZETTE

Printed by the authority of the Industrial Registrar

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INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

PRESIDENT

The Honourable Justice F. L. WRIGHT†

VICE-PRESIDENT

The Honourable Justice M. J. WALTON†

MEMBERS

The Honourable Justice L. C. GLYNN† The Honourable Mr Justice R. J. PETERSON† The Honourable Justice F. MARKS† The Honourable Justice M. SCHMIDT† The Honourable Mr Deputy President R. W. HARRISON The Honourable Justice T. M. KAVANAGH† Mr Deputy President P. J. SAMS The Honourable Justice R. P. BOLAND† Mr Deputy President J. P. GRAYSON The Honourable Justice W. R. HAYLEN†

Commissioner Mr R. J. PATTERSON Commissioner Mr P. J. CONNOR Commissioner Mr B. W. O'NEILL Commissioner Mr J. N. REDMAN Commissioner Ms I. TABBAA Commissioner Ms D. S. McKENNA Commissioner Mr J. P. MURPHY Commissioner Mr I. R. NEAL Commissioner Mr I. W. CAMBRIDGE Commissioner Ms E. A. R. BISHOP Commissioner Ms J. McLEAY Commissioner Mr A. W. MACDONALD

†These Presidential members are also Judicial members of the Industrial Relations Commission of New South Wales in Court Session, established as a superior court of record pursuant to section 152 of the Industrial Relations Act 1996.

______

INDUSTRIAL REGISTRAR

Mr T. E. McGRATH

DEPUTY INDUSTRIAL REGISTRAR

Mr A. G. MUSGRAVE

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(1504) SERIAL C0690 THE FERNZ MINERALS BANKSMEADOW SITE ENTERPRISE CONSENT AWARD 2001

Application by the Australian Workers' Union, New South Wales, industrial organisation of employees.

(No. IRC 5836 of 2001)

Before the Honourable Mr Justice Haylen 18 September 2001

Contents

1.0 Preliminary

1.1 Parties to Award 1.2 Date and Period of Operation 1.3 Aims and Objectives of Award 1.4 Work Flexibility 1.5 Site Consultative Committee 1.6 Measures of Performance 1.7 Definitions

2.0 Remuneration

2.1 Wages 2.2 Allowances 2.2.1 Leading Hand 2.2.2 Chargehand Allowance 2.2.3 Shift Allowance 2.2.4 Forklift Drivers Allowance 2.2.5 Call-in Allowance 2.2.6 Dust Money Allowance 2.3 Indexation of Allowances 2.4 Service Payments 2.5 First Aid

3.0 Terms and Conditions of Employment

3.1 Contract of Employment 3.2 Payment of Wages and Allowances 3.3 Hours of Work 3.4 Meal Times 3.5 Meal Money 3.6 Reasonable Overtime 3.7 Casual Employees 3.8 Rostered Days Off 3.9 Mixed Functions

4.0 Leave

4.1 Annual Leave 4.2 Sick Leave 4.3 Long Service Leave

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4.4 Bereavement Leave 4.5 Public Holidays 4.6 Personal Carer's Leave 4.7 Jury Service 4.8 Annual Shutdowns 4.9 Discretionary Leave

5.0 Other Provisions

5.1 Protective Clothing 5.2 Accident Pay 5.3 Safety Training 5.4 Termination of Employment 5.5 Confidentiality 5.6 Grievance & Dispute Resolution 5.7 Workplace Health & Safety 5.8 Abandonment of Employment 5.9 Disciplinary Action 5.10 Redundancy Provisions 5.11 Equal Employment Opportunity 5.12 Anti-Discrimination

1.0. Preliminary

1.1 Parties to Award

(a) The parties to this Award are:

(i) Fernz Minerals a Division of Fernz Australia Ltd

(ii) All employees of Fernz Minerals engaged in the production warehousing activities at Fernz Minerals Banksmeadow site who are members or eligible to be members of the Australian Workers Union

1.2 Date and Period of Operation

(a) This award rescinds and replaces The Fernz Minerals Banksmeadow Site Enterprise Consent Award 2000 published 10 November 2000 and award review published 22 February 2002 (331 I.G. 589), as varied.

(b) This award shall take effect from the beginning of the first full pay period to commence on or after 1 July 2001 and shall remain in force for a period of two years.

(c) The parties agree to begin negotiation on a new award no later than three months prior to the termination date of this award.

1.3 Aim and Objectives of Award

(a) The parties to this Award recognise that Fernz Minerals must achieve real and sustained improvements by embracing a philosophy of continuous improvement. The aim is to become a competitive manufacturing site with continually improving levels of customer satisfaction, employee satisfaction, product quality and productivity.

(b) The parties agree to demonstrate commitment to the achievement of the aims and objectives of this Award.

(c) A key component of this Award is to provide an appropriate framework to develop a flexible workforce.

1.4 Work Flexibility

(a) Work flexibility is a key factor to the achievement of the aims of this Award, in order to achieve an internationally competitive and responsive Company based on satisfying customer’s needs.

(b) Employees shall undertake and perform functions and duties for which they are suitably trained, including work incidental or peripheral to their primary work tasks or functions. There shall be full labour mobility across all departments and areas.

(c) All employees retain the right of refusal to undertake work on the grounds of safety as defined in clause 5.7.

(d) In addition to the normal management system the Award’s Site Consultative Committee clause 1.5 and Grievance and Dispute Resolution Procedure clause 5.6 provides suitable avenues for all employees to raise any concerns over changes in work functions or flexibility.

1.5 Site Consultative Committee

(a) A Site Consultative Committee shall be formed to monitor the implementation and continuing successful operation of this Award. The Consultative Committee shall comprise management and employee representatives and represent a forum for open discussion and decision making between parties to this Award.

(b) The Site Consultative Committee shall comprise proportionate employee representatives from the parties to this Award, normally comprising one (1) member from the AWU, although other personnel may be invited to attend Committee meetings.

(c) The Site Consultative Committee shall meet on a bi-monthly basis, although additional meetings may be held on an as required basis to address major issues that may impact on the operation of this Award. Chairman of the meeting shall rotate between members of the Consultative Committee. Written minutes of each meeting shall be recorded and distributed to committee members and site noticeboards.

(d) The Site Consultative Committee shall address a broad range of operational and personnel matters related to the operation of this Site Award, particularly those that contribute to the efficiency and productivity of the Company’s operations. Issues to be addressed by the committee shall include but not be limited to:

Introduction of new technology, procedures and programs, classification, coverage and hours of work as well as associated employee training needs.

Implications of external decisions on the Company and its employees.

Changes in work functions and duties to increase the flexibility and productivity of the Company’s operation.

Review of job descriptions and classifications.

Employee’s work environment.

Total Quality Management.

Normal industrial relations matters should be initially directed through the Grievance and Dispute Resolution Procedure clause 5.6 and safety issues through the Site Safety Committee.

1.6 Measures of Performance

A number of performance indicators will be established, in consultation with employees, which will provide a reliable and accurate means of monitoring improvement in productivity and efficiency. It is agreed that the indicators may be selected from areas that may include, but not limited to:

manufacturing cost;

consumable usage;

labour cost;

waste reduction;

absenteeism;

health and safety.

1.7 Definitions

Award:- Refers to the Fernz Minerals Banksmeadow Site Enterprise Award.

Company: - The Company refers to Fernz.

AWU:- Australian Workers Union, New South Wales.

2.0 Remuneration

2.1 Wages

(a) All permanent employees shall be paid weekly in accordance with the following prescribed amounts. All amounts are based on a thirty eight (38) hour week.

Process Personnel Amounts Per Week Day Shift Personnel (Column 1) (Column 2) Grade 1 $520.10 $535.70 Grade 2 $531.15 $547.10 Grade 3 $559.40 $576.20 Grade 4 $584.35 $601.90 Shift Personnel Grade 1 $520.10 $535.70 Grade 2 $531.15 $547.10 Grade 3 $559.40 $576.20 Grade 4 $584.35 $601.90

(c) The wage rates shown in (b) (Column 1) shall be paid in the first full pay period to commence on or after 1 July 2001. The wage rates in (b) (Column 2) shall be paid in the first full pay period to commence on or after 1 July 2002 and will remain in force until the expiry of this Award.

(d) The rates shown in (b) shall not be subject to change as a result of National Wage increases or Safety Net increases during the currency of this award.

2.2 Allowances

2.2.1 Leading Hand

In addition to amounts prescribed in 2.1, employees appointed to the position of Leading Hand shall be paid a Leading Hand Allowance of eighteen dollars eighty cents ($18.80) per week. The appointment to the position of Leading Hand shall be based on merit and at the discretion of the Company. The Leading Hand Allowance shall be added to the amount in 2.1 for the purpose of calculation of an employees ordinary hourly rate.

2.2.2 Chargehand Allowance

In addition to amounts prescribed in 2.1, employees appointed to the position of Chargehand shall be paid a Chargehand Allowance of thirty six dollars seventy cents ($36.70) per week for Grade 1. The appointment to the position of Chargehand shall be based on merit and at the discretion of the Company. The Chargehand Allowance shall be added to the amount in 2.1 for the purpose of calculation of an employees ordinary hourly rate.

2.2.3 Shift Allowance

(a) Shift personnel shall be paid the following Shift Allowances.

Afternoon Shift: Fifteen percent (15%) of base hourly rate. Night Shift: Twenty percent (20%) of base hourly rate.

2.2.4 Forklift Drivers Allowance

(a) Permanent Employees that hold a current Workcover licence to operate a Forklift shall be paid a Forklift Allowance of six dollars fifty cents ($6.50) per week. Forklift licence holders shall always operate forklifts in a responsible manner and ensure that forklifts are maintained in good operating condition when being operated by personnel as part of their work function.

2.2.5 Call-in Allowance

Permanent employee recalled back to work overtime or to change shift shall be paid a Call-in Allowance of eight dollars fifty cents ($8.50), provided the employee was not notified prior to leaving the site.

2.2.6 Dust Money Allowance

Permanent employees engaged to work in the Perlite and Vermiculite Plant shall be paid a Dust Money Allowance of one dollar fifty cents ($1.50) per eight-hour period.

2.3 Indexation of Allowances

Meal money, First Aid Allowance, Call in Allowance, Dust Money Allowance, and Forklift Allowance shall not be indexed.

2.4 Service Payments

(a) Permanent employees shall be paid each December a Service Payment as defined below based on length of service:

Length of Service Payment 1 year Nil 2 to 3 years $42.50 3 to 5 years $85.00 5 to 10 years $170.00 10 to 20 years $340.00 20 years + $680.00

(b) Service Payments shall only be paid to eligible permanent employees who are on the Company’s payroll at the time of payment in December.

(c) No pro-rata payment of Service Payments shall be made on termination.

2.5 First Aid

Permanent employees holding a current First Aid Certificate from St. John’s Ambulance or other Company recognised authority, shall be paid a weekly allowance of eight dollars seventy-five cents ($8.75) if he or she is appointed by the company to perform first aid duty.

3.0 Terms and Conditions of Employment

3.1 Contract of Employment

(a) Employees shall be employed for the first three (3) months as a probation period on a day by day basis based on hourly rates including any relevant loadings and allowances. Employees during the three (3) month period may be terminated by a days notice from either party. Past permanent employees re-employed within twelve (12) months shall not be required to undertake another 3 month probationary period. The probationary period shall be considered to represent service with the Company.

(b) After the three (3) months probationary period, employment shall be on a week by week basis. Employment may be terminated by a week’s notice by either party, or by the payment or forfeiture of one week’s wages in lieu of notice.

(c) Nothing in this Award shall affect the right of the Company to dismiss an employee without notice for malingering, inefficiency, neglect of duty or misconduct. In such case wages shall be paid up to the time of dismissal only.

(d) Casual employees shall be engaged on a hourly basis and employment may be terminated by either party on an hours notice.

3.2 Payment of Wages & Allowances

(a) All employee wages and allowances shall be paid weekly each Thursday by electronic funds transfer to a bank account nominated by employees. This clause shall not apply where it is not reasonably practicable for the Company to comply, due to circumstances beyond its direct control.

(b) In the event wages fail to be deposited into employee accounts by the above time, the Company shall endeavour to make alternative arrangements for payment or part payment of wages for personnel where late payment presents personal difficulty or hardship.

(c) The weekly pay period shall close two days prior to payment of wages.

(d) On or prior to the payday the Company shall supply each employee a payslip with details of gross amount of wages including overtime, allowances, and other earnings, details of ordinary hours, overtime hours, leave, amounts deducted for tax, any other deductions and net amount paid.

3.3 Hours of Work

(a) Day Employees

Permanent employees shall be entitled to thirteen (13) rostered days off per year, to give an average hours worked of thirty eight (38) hours per week, which shall be used to calculate the employee’s hourly rate.

Permanent employee ordinary hours of work shall not exceed forty (40) ordinary hours per week or one thousand nine hundred and seventy six (1,976) ordinary hours per year. Hours worked shall be eight (8) hours per day Monday to Friday inclusively between the hours of 0600 hours and 1800 hours. Shift starting times may be altered through agreement between the Company and employees, such agreement shall not be unreasonably withheld.

Employees shall be entitled to a ten (10) hour break between shifts or standard hours worked. Overtime rates shall be paid if the employee is required to work within the ten (10) hour period, until the ten (10) hour period has elapsed.

(b) Shift Employees

Shift employees shall work either an eight (8) or a twelve (12) hour shift roster. The relevant hours of work conditions are defined in clauses 3.3 (c).

(c) 8 Hour Shift Employees

Permanent eight (8) hour shift employees shall be entitled to thirteen (13) rostered days off per year, to give an average hours worked of thirty eight (38) hours per week, which shall be used to calculate the employee’s hourly rate.

Permanent eight (8) hour shift employee ordinary hours of work shall not exceed forty (40) hours per week or one thousand nine hundred and seventy six (1,976) hours per year. Hours worked shall be eight (8) hours per day Monday to Friday inclusively on a roster of day, afternoon and night shifts or any combination of the shifts. Shift hours typically will commence at 0630 hours for dayshift, 1430 hours for afternoon shift and 2230 hours for night shift. Shift starting times may be altered through agreement between the Company and employees, such agreement shall not be unreasonably withheld.

The Company shall whenever possible provide reasonable notice for the requirement for permanent eight (8) hour shift employees to work night shift on a non permanent basis. In response employees shall endeavour to provide reasonable notice of their availability. In the event the required shift coverage cannot be achieved, the matter shall be resolved through the Dispute Resolution Procedure.

Employees shall be entitled to a ten (10) hour break between shifts or standard hours worked. Overtime rates shall be paid if the employee works within the ten (10) hour period, until the ten (10) hour period has elapsed.

3.4 Meal Times

(a) Employees other than Shift personnel, shall be entitled to an unpaid meal break of 30 minutes per day. Meal times may be staggered or varied to avoid disruption to operations.

(b) Employees working in excess of two (2) hours overtime following the normal completion of their work hours shall be entitled to a twenty (20) minute paid meal break prior to commencement of the overtime and a further twenty (20) minute paid meal break for each additional four (4) hours of overtime worked. Meal money clause 3.6 applies.

(c) Shift personnel shall take meal breaks as appropriate, during the normal course of their work to avoid disruption to plant operations.

(d) Employees shall not work longer than five hours without a meal break.

(e) Employees shall be allowed a twenty (20) minute paid crib break per eight (8) hours worked. Crib breaks may be staggered or altered to avoid disruption to operations.

3.5 Meal Money

(a) Employees shall be entitled to the payment of tea money of seven dollars twenty cents ($7.20) if working in excess of two (2) hours overtime, if having received less than twenty four (24) hours notice of requirement to work overtime or of change of rostered shift. Second tea money shall be paid if working in excess of six (6) hours overtime and a third tea money for work in excess of ten (10) hours.

(b) No employee shall work longer than five hours without a break for a meal.

3.6 Reasonable Overtime

(a) Employees shall undertake reasonable overtime as requested by the Company to provide coverage of production requirements and to ensure the continuous nature of the site’s operations are maintained. Where at all possible, overtime should be on a voluntary basis although overtime may be rostered.

(b) All hours worked outside of normal shift times will be paid at the rate of double time at base rate.

3.7 Casual Employees

(a) Casual employees shall be employed on an hourly basis.

(b) Casual employees engaged for process work shall be paid a casual loading of twenty four percent (24%) on the appropriate remuneration grade rate for the primary function employed. (This loading includes the loading in lieu of annual leave).

3.8 Rostered Days Off

Permanent employees other than 12 Hour Shift and Continuous Shift personnel shall be entitled to thirteen (13) rostered days off per year. Personnel required to work their rostered day off shall be paid at the rate of double time. Notwithstanding the above the Company reserves the right to change rostered days off.

3.9 Mixed Functions

An employee required to perform work carrying a higher rate than his ordinary classification or rate of pay for more than two (2) hours per day shall be paid at the higher rate for the whole shift.

An employee required to perform work carrying a higher rate than his ordinary classification or rate of pay for more than one (1) hour but less than two (2) hours per day shall be paid at the higher rate for the period so engaged.

An employee required to perform work normally carrying a lower rate than his normal classification or pay rate shall not suffer any consequence thereof whilst retaining such classification.

4.0 Leave

4.1 Annual Leave

(a) The provisions of the New South Wales Annual Holiday Act 1944 as amended shall apply, modified as follows.

(b) Permanent non-continuous shift personnel shall be entitled to one hundred and fifty two (152) hours Annual Leave.

(c) Annual Leave shall accrue from the 1st January each year. Employees commencing after that date shall receive pro-rata entitlement.

(d) Permanent employees other than continuous shift personnel shall be paid a leave loading of seventeen and a half percent (17.5%) of the relevant ordinary rate of pay for the prescribed period of Annual Leave.

(e) The leave loading prescribed above shall not apply to proportionate payment of leave on termination of employment with the Company.

4.2 Sick Leave

(a) Permanent employees after three (3) months continuous service, who are absent from employment on the account of personal illness or injury, shall be entitled to paid leave of absence subject to the following conditions.

(b) In the event of personal illness or injury where the employee shall be absent from employment, the employee shall notify the Company as soon as practicable but no later than twenty four (24) hours after the commencement of the absence. Where at all possible notification should be prior to the normal commencement of their work, to allow the Company to make alternative arrangements for the coverage where necessary.

(c) The employee shall as far as practicable state the nature of the illness or injury, whether injury is work related and the estimated duration of the absence.

(d) On request the employee shall prove to the satisfaction of the Company, by the production of a medical certificate or other satisfactory evidence, that the absence for which sick leave payment is being claimed was on account of personal illness or injury. Absence of more than two consecutive work days, requires the production of suitable documentation.

(e) Permanent employee shall be entitled to a maximum of forty eight (48) hours paid sick leave in the first year of continuous service, increasing to ninety six (96) hours in the second and subsequent years of continuous service. An employee off due to personal illness or injury prior to the completion of three (3) months service may apply for a maximum of twenty four (24) hours sick leave provided the leave is supported by a doctor’s certificate.

4.3 Long Service Leave

(a) The provisions of the New South Wales Long Service Leave Act 1955 as amended shall apply.

4.4 Bereavement Leave

(a) An employee other than a casual employee shall be entitled to up to three (3) days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in (c) below.

(b) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death. (c) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of 1(c)(ii) in clause 4.6, Personal Carer's Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned. In the case of bereavement leave requested in the case of the death of a de- facto spouse, adequate proof of the de-facto relationship including residence at a common address during a reasonable period immediately preceding decease, shall be provided to the Company and a Statutory Declaration to this effect shall also be provided.

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

(e) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 4.6. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

(f) Bereavement leave shall be paid at ordinary base hourly rates.

4.5 Public Holidays

(a) The following shall be recognised Public Holidays for permanent employees, except for non continuous shift personnel when such holidays fall on a Saturday or Sunday:

(b) New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Eight Hour Day, Christmas Day, Boxing Day or any other gazetted Public Holidays by the New South Wales Government applicable to the Banksmeadow area, observed by the State, together with the Picnic Day of the relevant employee’s Union, provided the employee is a financial member of the particular Union.

(c) To avoid disruption to operations, an employee’s Picnic Day may be rostered by agreement between the Company and the Union to another date nominated prior to the designated Picnic Day. In such cases the employee shall be paid at the employee’s normal rate of pay.

(d) An employee absent from his employment on the working day prior to or after a Public Holiday, without reasonable excuse or without the Company’s consent, shall not be entitled to payment for such holiday.

(e) Casual and permanent employees shall be paid at the rate of double time and a half for work on a Public Holiday. Permanent employees off on a Public Holiday shall be paid one days pay at ordinary hourly rates for each Public Holiday.

(f) Employees required to work on a Public Holiday shall be paid a minimum of four (4) hours at double time and a half ordinary hourly rates.

(g) Annual Leave and Long Service Leave shall be extended by one day for each Public Holiday that the employee would normally be rostered to work, that falls within the period of Annual or Long Service Leave.

4.6 Personal Carer's Leave

(i) Use of Sick Leave

(a) An employee other than a casual employee, with responsibilities in relation to a class of person set out in (c)(2) who needs the employee’s care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

(b) The employees shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

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

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

(2) the person concerned being:

(i) a spouse of the employee; or

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

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

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

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

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

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

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

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

(ii) Unpaid Leave for Family Purposes

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in (i)(c)(2) above who is ill.

(iii) Annual Leave

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

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

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

(iv) Time Off in Lieu of Payment for Overtime

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

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

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

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

(v) Make Up Time

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

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

(vi) Rostered Days Off

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

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

(c) An employee may elect with the consent off the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

(d) This subclause is subject to the employer informing each union, which is both party to the award and which has members employed at the particular enterprise, of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in the negotiations.

4.7 Jury Service

(a) An employee shall notify the Company as soon as possible on formal notification of requirement to attend court for jury service. The employee shall provide documentary proof of attendance, duration and amount received in respect of such jury service. The Company shall on presentation of above, make up the difference between jury service payment and the employee’s ordinary base wage. (b) In the event an employee is not required to serve jury service after presenting for court, the employee shall return to work at the earliest possible convenience. It may be that only part of a day is required for jury obligations.

(c) Jury service shall not extend any period of annual leave, long service leave or any other period of leave that the employee may be taking at that time.

4.8 Annual Shutdowns

(a) The Company reserves the right to nominate one period per year for the shutdown of plants for maintenance purposes. Provided one (1) months notice of such shutdown is given, employee may be required to take Annual Leave.

4.9 Discretionary Leave

(a) In circumstances of genuine need or hardship, employees may request additional leave from the Company. Such leave shall be at the discretion of the Company, as to whether it is paid or unpaid leave.

5.0 Other Provisions

5.1 Protective Clothing

(a) The Company shall supply to all employees protective clothing and additional safety equipment suitable for the safe performance of employee duties. The employee shall wear the specified protective clothing and safety equipment.

(b) Protective clothing and other equipment issued to employees shall remain the property of the Company at all times. The employee shall take all reasonable care and responsibility for the maintenance of clothing and equipment issued to them.

(c) Employees shall return all protective clothing and equipment issued on termination of employment. The Company may deduct reasonable costs considering the age and condition of protective clothing or equipment from an employees final wages in the event such equipment is not returned to the Company.

5.2 Accident Pay

The provisions of the New South Wales Workers Compensation Act, as amended shall apply.

5.3 Safety Training

(a) All permanent employees shall in the first twelve (12) months of employment attend safety- training sessions. Thereafter employees shall attend the full course of safety training sessions at least once every three (3) years. The Company agrees to minimise the amount of overtime necessary to attend the sessions.

5.4 Termination of Employment

(a) Termination of employment by the Company shall not be harsh, unjust or unreasonable. Termination may be made without notice in the event of gross misconduct or with notice in the event of disciplinary action taken under clause 5.9.

(b) Prior to any termination the employee shall be formally advised that his/her actions or performance are unacceptable to the company and they then be given the opportunity to give reason(s) why the company should not terminate their employment contract.

5.5 Confidentiality

(a) All employees are required to keep information about the operation and business of the Company confidential. Disclosure of information shall only be made with the express consent of the Company.

5.6 Grievance & Dispute Resolution Procedure

(a) It is in the interests of all parties that grievances and disputes are resolved speedily and effectively without recourse to industrial action, avoiding disruption to operations and potential

loss of employee wages. The following procedure is intended to facilitate the resolution of grievance and disputes informally at the lowest level of direct contact possible. All work shall continue without any bans or limitations being imposed whilst the grievance and dispute resolution procedure is being implemented.

(b) In the event of a grievance or dispute the following stages shall be followed as speedily as practicable allowing reasonable time for sensible discussion at each stage, with the aim of resolving the grievance or dispute through conciliation at the lowest level possible.

Stage 1 The employee shall raise and discuss the issue with his/her immediate Supervisor. All attempts should be made to resolve the issue at this level avoiding the direct involvement of Delegates or Management.

Stage 2 If the matter cannot be resolved at Stage 1, the employee or Supervisor shall raise the issue with the Operations Manager. A meeting between the employee, Supervisor, Manager and any other relevant personnel shall then be organised.

Stage 3 If the matter cannot be resolved at Stage 2, a meeting between the employee, Delegate and Operations Manager shall be organised to resolve this matter. At this stage the Delegate may wish to refer the matter to the respective Industrial Organisation Organiser or Industrial Advocate for advice or intervention prior to reconvening a further meeting. Similarly the Company’s representative may seek further advice from the Company’s General Manager or other source, in an attempt to resolve the matter in house.

Stage 4 If the matter is still not resolved, it may be referred by either party to the Industrial Relations Commission of New South Wales in order for the Industrial Relations Commission to exercise its function under the Industrial Relations Act, 1996.

(c) Employees may elect to involve their respective Delegate at any stage of the grievance and dispute resolution procedure, however in the interests of the speedy resolution of matters it is preferable that Delegates should only become directly involved at Stage 3 of the above procedure.

(d) No party in a dispute shall be prejudiced by the continuation of normal operations whilst the grievance and dispute resolution procedures are being followed.

5.7 Workplace Health and Safety

(a) The Company and employees shall comply with the requirements of the Occupational Health and Safety Act 1983, as amended and with Regulations made under the Act.

(b) Employees shall ensure all work is performed in a safe and responsible manner, with particular attention to the maintenance of housekeeping standards.

(c) The Company shall supply protective equipment or material deemed necessary to perform in a safe manner such task required of employees. All employees shall maintain protective equipment or materials supplied by the Company in good working conditions. All issues of protective equipment or materials remains the property of the Company.

(d) All employees retain the right to refuse to undertake work on the grounds of safety concerns. In such cases the Company’s refusal to work on the grounds of safety procedure, shall apply.

5.8 Abandonment of Employment

(a) An employee absent from work for a period of more than two (2) days without the consent of the Company or without notification to the Company, shall have deemed to have abandoned his/her employment with the Company and shall be terminated without notice.

(b) Notwithstanding the above paragraph (a), reinstatement of employment will be considered in the event that the employee is physically unable to provide notification to the Company.

5.9 Disciplinary Action

(a) In the event that an employee’s performance or actions are deemed to be unsatisfactory the employee’s immediate Supervisor or Manager should initially counsel the employee, clearly stating those actions or aspects of his/her performance that is deemed as unsatisfactory and also what standard is expected of the employee. The employee and Supervisor or Manager should agree where appropriate a suitable performance review period. A written record may be kept of the counselling session.

(b) In the event that the employee’s performance or actions continues to be unacceptable and/or fails to respond to the initial counselling the employee shall be subject to a formal interview. The formal interview process is outlined below.

(i) The employee shall be notified that he/she shall be given a formal interview and the reason for the interview. The employee shall also be given the opportunity to have another employee or delegate present at the interview.

(ii) The formal interview shall be attended by the employee, a co-employee (if requested by the employee), the employee’s Supervisor or Manager and other personnel as deemed appropriate i.e. Operations Manager or other employees.

(iii) The reason for the interview should be clearly stated at the commencement of the interview, after which the employee shall be given the opportunity to respond. The employee shall then be advised of what actions are to be taken and a time or period set to review the employee’s performance.

(iv) A written record of the interview shall be taken. All personnel present at the interview should then sign the record of interview. Signature does not necessarily represent personal agreement with the reasons or actions taken in the interview but rather the document represents a fair and reasonable summary of the interview. Copies of the record of interview shall be given to all parties that have signed, the employee’s Manager and the General Manager.

(c) Further formal interviews may be held if the employee’s performance or actions remain of an unsatisfactory nature. In the event of an employee’s second formal interview the employee shall be advised that continued poor performance necessitating a further formal interview may result in the employee’s dismissal.

(d) The degree or extent of action(s) taken during formal interview shall be commensurate with the level of the employee’s unsatisfactory performance and the number of interviews. Such actions may include but shall not necessarily be limited to temporary removal of Leading Hand Allowance, the demotion of grading, the change of shift, temporary suspension and ultimately dismissal. 5.10 Redundancy Provisions

(1) Application

(i) These provisions shall apply in respect of full-time and part-time persons employed in the classifications specified in clause 2.1, Wages.

(ii) This clause shall only apply to employers who employ 15 employees or more immediately prior to the termination of employment of employees, in the terms of paragraph (i) of subclause (4) of this clause.

(iii) Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service, and the general obligation on

employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(iv) Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(2) Introduction of Change

(i) Employer's Duty to Notify

(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

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

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

(ii) Employer's Duty to Discuss Change

(a) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(b) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (i).

(c) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(3) Redundancy

(i) Discussions Before Terminations

(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone, pursuant to subparagraph (a) of paragraph (i) of subclause (2), Introduction of Change, of this clause, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of subparagraph (a) of this paragraph and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(c) For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(4) Termination of Employment

(i) Notice of Changes in Production, Programme, Organisation or Structure : This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure, in accordance with subparagraph (a) of paragraph (i) of subclause (2) of this clause.

(a) Redundancy will occur when the Company has made a definitive decision that it can no longer find suitable work for an employee and this decision results in the requirement to terminate the employment of an employee.

(b) In the event of the redundancy of an employee the following notice of termination will be provided or payment in lieu of notice:

Period of Continuous Service Period of Notice Less than 1 year 1 week 1 to 2 years 2 weeks 2 to 3 years 3 weeks Greater than 3 years 4 weeks Employee aged 45 years or over 5 weeks

(ii) Notice for Technological Change: This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from "technology" in accordance with subparagraph (a) of paragraph (i) of subclause (2) of this clause.

(a) In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination. (b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(c) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

(iii) Time Off During the Notice Period

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

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

(iv) Employee Leaving During the Notice Period: If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause as those to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(v) Statement of Employment: The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

(vi) Notice to Commonwealth Employment Service: Where a decision has been made to terminate the employment of employees, the employer shall notify the Commonwealth Employment Service thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are likely to be carried out.

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

(viii) Transfer to Lower Paid Duties: Where an employee is transferred to lower paid duties for reasons set out in subparagraph (a) of paragraph (i) of subclause (2) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rate for the number of weeks of notice still owing.

(5) Severance Pay

(i) Where the employment of an employee under 45 years of age is to be terminated pursuant to paragraph (i) of subclause (4) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employee shall be entitled to the following severance payment related to years of completed continuous service:

Period of Continuous Service Weeks of Severance Pay 1 to 13 completed years 3 weeks per year of service

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

Years of Service 45 Years of Age and Over Entitlement Less than 1 year Nil 1 year and less than 2 years 5 weeks 2 years and less than 3 years 8.75 weeks 3 years and less than 4 years 12.5 weeks 4 years and less than 5 years 15 weeks 5 years and less than 6 years 17.5 weeks

6 years and over 20 weeks

(a) "Week's pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award.

(b) The Company's liability in respect of this clause will be a maximum of thirty nine (39) weeks severance pay irrespective of the length of service of an employee.

(ii) Incapacity to Pay: Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause.

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (i) will have on the employer.

(iii) Alternative Employment: Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (i) if the employer obtains acceptable alternative employment for an employee.

(6) Savings: Nothing in these provisions shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

5.11 Equal Employment Opportunity

Fernz is committed to Equal Employment Opportunity, which results from a workplace free of unlawful discrimination. Managers and Supervisors will be responsible for the implementation of this policy in their work area.

In accordance with the applicable anti-discrimination legislation all potential and current employees will be treated equally in respect of:

Recruitment Processes; Transfer; Employment Contracts; Termination; Training Opportunities; Union Membership; Promotion.

In accordance with the applicable anti-discrimination legislation all people, regardless of:

Age; Race; Marital Status; Employment Status; Gender; Disability (including illness); Religion; Sexual Orientation; Ethnic or National Origin; Political Opinion; Ethical Beliefs; Family Status; Colour; Employee Representation.

will have an equal opportunity to gain any benefit derived from employment with Fernz.

It is the management’s responsibility to:

Make employees aware of inappropriate and/or unacceptable standards of behaviour at work.

5.12 Anti-Discrimination

(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.

This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

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

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

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

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

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

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

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

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

Notes:

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

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

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

Signatures

Signed for and on Behalf of:

Fernz Minerals Banksmeadow Site

Signed by:

In the Presence of:

Dated:

Signed for and on Behalf of:

Australian Workers Union, New South Wales

In the Presence of:

Dated:

W. R. HAYLEN J.

______

Printed by the authority of the Industrial Registrar.

(1045) SERIAL C1243 WOOLWORTHS SUPERMARKETS AND WAREHOUSE ADMINISTRATION (STATE) AWARD

Application by Federated Clerks' Union of Australia, New South Wales Branch, industrial organisation of employees.

(No. IRC 6487 of 2001)

Before The Honourable Justice Glynn 12 October 2001

Clause No. Subject Matter

1. No Extra Claims 2. Flexibility of Work 3. Definitions 4. Proof of Age 5. Termination of Employment 6. Hours 7. Shift Work 8. Rest Pauses and Meal 9. Rostered Day Off Falling on a Holiday 10. Wages/Allowances 11. Relieving in Higher Position 12. Travel Expenses 13. Overtime 14. Meal Allowance 15. Payment of Wages 16. Public Holidays 17. Sick Leave 17A. Leave of Absence 17B. Personal Carers Leave 18. Compassionate Leave 19. Jury Service 20. Long Service Leave 21. Annual Holidays 22. Annual Holidays Loading 23. Family Leave 24. Parental Leave 25. Achieving Company Standards 26. Settlement of Disputes and Grievances 27. Commitment to Training and Careers 28. Redundancy 29. Security of Employment 30. Introduction of Change 31. Union Deductions 32. Superannuation 33. Leave Reserved 34. Anti-Discrimination 35. Induction of New Employees 36. Right of Entry 37. Area Incidence and Duration

1. No Extra Claims

It is a term of this award that the parties undertake, for the duration of this award, not to pursue any extra claims in accordance with state wage case principles.

2. Flexibility of Work

Subject to the provisions of this clause, the Company may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.

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

Employees shall not impose any restrictions or limitations on a reasonable review of work methods or standard work times. All reviews carried out by the employer will take into account the potential impact on occupational health and safety.

3. Definitions

(i) Casual employees means an employee who is engaged and paid as such an hourly rate, equal to the weekly rate divided by 38 plus 15 per cent plus 1/12th holiday pay with a minimum daily engagement of four hours and maximum daily engagement of 11 hours, with not more 38 ordinary hours.

(ii) Full time employee means an employee engaged to work an average of 38 ordinary hours per week over a 4 week period, pursuant to clause 6, Hours.

(iii) Part-time employees shall be paid an hourly rate equal to the total appropriate weekly rate divided by thirty-eight. The provisions of this award with respect to sick leave and holidays shall apply to part-time employees on a pro-rata basis.

Notwithstanding the above provisions a part-time employee may be offered hours, on a voluntary basis, which are in addition to the employee's regular rostered hours provided that such additional hours are:

(a) in conjunction with an existing shift or on a non-rostered day;

(b) not in excess of daily or weekly maximum hours elsewhere provided in this award without the payment of overtime;

(c) in accordance with the relevant roster principles, and

(d) paid at the stipulated casual hourly rate of pay plus 1/12th loading, which shall be in lieu of annual leave, sick leave or any other forms of leave.

(iv) A Temporary employee means a person engaged as either a full-time or part-time employee for a specific period. A temporary employee shall be advised in writing upon commencement of the date of termination of such employment.

Employees engaged for these temporary periods shall work under the same terms and conditions of employment as regular full-time and part-time employees.

(v) Grade 1 means employees engaged in manual clerical duties, e.g. Mail Assistants.

(vi) Grade 2 means employees engaged in the clerical duties involving and utilising computer equipment such as Office Systems, Word Processing, Lotus and data entry. (vii) Grade 3 means an employee engaged in higher level clerical duties such as secretarial, Section Supervisors, computer user champions and Payroll/Award interpretation.

(viii) A weekly employee means a full time or part time employee.

(ix) Ordinary pay is defined as the remuneration for the worker’s normal weekly hours of work calculated at the ordinary time rate of pay excluding overtime payments.

(x) Supermarkets Administration shall include employees located at Yennora Administration Centre, corner of Fairfield and Dursley Roads, Yennora and Blacktown State Office, Patrick Street, Blacktown.

(xi) Warehouse Administration shall include employees located at Yennora Warehouse, Homebush Warehouse, Moorebank warehouse and Minchinbury warehouse, Australian Independent Wholesalers, Warwick Farm.

4. Proof of Age

Upon the engagement of an employee, such employee, if required to do so, must furnish to the employer a correct statement, in writing, by statutory declaration or birth certificate. When an employee cannot prove age in the ordinary way production of a passport, military or naval discharge or Consular document shall be proof of age.

5. Termination of Employment

(i) In the case of misconduct justifying instant dismissal an employee may be instantly dismissed.

(1) In all other cases to terminate the employment of an employee the employer shall give to the employee the following notice:

Period of continuous service Period of notice During the first month of employment A moment's notice 1 year or less 1 week 1 year and up to the completion of 3 years 2 weeks 3 years and up to the completion of 5 years 3 weeks 5 years and over 4 weeks

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

(3) Payment in lieu of the notice prescribed in subparagraphs (i) and/or (ii) hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(4) In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had the employment not been terminated shall be used.

(5) The period of notice in this clause shall not apply in the case of dismissal for misconduct, or in the case of casual employees, or employees engaged for a specific period of time or for a specific task or tasks.

(iii) The period of notice of termination required to be given by an employee shall be two weeks. If however an employee is required to begin with a new employer within one week of their resignation, only one week's notice will be required. If the employee fails to give notice the employer shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.

(iv) An employee whose employment is terminated by the employer on the business day preceding a holiday or holidays otherwise than for misconduct shall be paid for such holiday or holidays, but this provision shall not apply to an employee employed for the two weeks or less.

(v) An employee who has been employed for not less than one month, on leaving or being discharged, shall upon request, be entitled to a statement in writing, containing the date when the employment began and the date of its termination.

6. Hours

(i) Weekly Hours - The ordinary hours of work of employees shall not exceed an average of thirty eight per week over a four week cycle, Monday to Sunday, inclusive, and, save for the meal times prescribed, all time between the actual commencing time and the actual ceasing time on any day shall count and be paid for as time worked.

Provided that weekly existing employees employed in Warehouse administration as at 1st June, 1994 shall retain the right to a Monday to Friday working week, unless by mutual agreement between the employee and the employer.

Provided that weekly existing employees employed in Supermarket Administration as at 19th April, 1994 shall retain the right to a Monday to Friday working week, unless by mutual agreement between the employee and the employer.

A cycle of 19 working days in four weeks with at least once every two weeks an employee shall be granted two consecutive days off (not including the 19 day month RDO). Provided that by mutual award some other roster arrangement may be worked not exceeding 20 days in a four week cycle.

Except full-time employees engaged in Warehouse Administration prior to 1st June 1994, who shall retain the right to work the quantum of hours per fortnight, applicable at the time. By mutual agreement such employees may work a roster with a quantum not exceeding an average of 38 hour per week.

Except full-time employees engaged in Supermarkets Administration prior to 19th April, 1994, who shall retain the right to work the quantum of hours per fortnight, applicable at the time. By mutual agreement such employees may work a roster with a quantum not exceeding an average of 38 hour per week.

The minimum number of ordinary hours which may be worked on any one day shall be for full-time employees 4 hours and part-time employees 4 hours. The maximum number of ordinary hours which may be worked on any one day shall be 11 hours. New employees who are employed after the date of the ratification of this award will not be offered the option of the 19 day month (RDO).

(ii) Commencing Time - The commencing time of the ordinary hours of work shall be 6.00 a.m.

(iii) Ceasing Time - The times for the cessation of the ordinary hours of work by employees shall not be later than 6.00 p.m.

(iv) An employee whose ordinary working period includes a Saturday, Sunday or holiday as an ordinary working day shall be paid:

Saturday - time and one quarter Sunday - time and one half Holiday - double time and one half

(v) Within the commencing and ceasing times prescribed, employees shall be given a regular starting and ceasing time for each day, in writing, which shall not be changed except upon not less than seven days' notice unless by agreement with the employee or in the event of an emergency.

Provided that for Supermarket Administration employees, as at 19 April 1994, hours outside of 7.00am to 5.30pm shall only be by way of mutual award.

(vi) Weekly employees who are unable to work a part of their rostered hours due to some unforeseen pressing family matter, may be allowed, at the initiation of the employee and with the mutual agreement of the Department Manager make up the number of hours lost, at some arranged time convenient to the Company, within the next 28 days.

7. Shift Work

(i) Definition of shifts in this clause.

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

"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m. and any shift where ordinary hours commence prior to 4.00 a.m.

"Early Morning Shift" means a regular shift commencing between 4.00 a.m. and 6.00 a.m.

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

(a) Notwithstanding any other provisions of this award an employee may be employed upon shifts Monday to Sunday inclusive, in which case the ordinary hours shall not exceed eleven in any day; or one hundred and fifty-two per four week cycle.

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

(c) A shift worker employed on shift shall for work done during the ordinary hours of any such shift be paid ordinary rates prescribed by clause 10, Wages.

Afternoon shift - at the rate of 17% Night Shift - at the rate of 25% Early Morning Shift - at the rate of 7%

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

Saturday - time and one quarter Sunday - time and one half Holiday - double time and one half

(e) For the purposes of this clause any employee whose ordinary hours of work commence before and continue past midnight shall be regarded as working on a holiday only if the greater number of his/her working hours fall on the holiday, in which case all time worked shall be regarded as holiday work; provided that if the number of ordinary hours worked before and past midnight is equal, all ordinary time worked shall be regarded as time worked on the day on which the shift commenced.

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

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

8. Rest Pauses and Meals

(i) Where the employee works more than four ordinary hours on any day shall be allowed a rest pause of ten minutes, counted and paid for as time worked.

(ii) Meal breaks shall not count as time worked.

(iii) Each employee works five hours or more on any day shall be allowed a rest pause of ten minutes and a meal break of between 30 minutes and one hour. A part time employee may work six hours without a meal break where they work a six hour shift. However, this arrangement is subject to the employee's agreement.

(iv) An employee who works nine ordinary hours or more on any day shall be allowed two rest pauses (each of ten minutes duration) if only one meal break is taken; or one rest pause of ten minutes if two meal breaks are taken.

(v) The meal breaks prescribed in this clause shall be given and taken so as not to interfere with the continuity of work and to meet special cases mutual agreement may be made between the employee and employer regarding meal times.

9. Rostered Day Off Falling on a Holiday

Where an employee's rostered day off falls on a day prescribed as a holiday, the employee shall be paid by mutual agreement between the employer and the employee in one of the following methods:

(i) Payment of an additional day's wages.

(ii) Addition of one day to the employee's annual holidays.

(iii) Another day may be allowed off with pay to the employee within twenty-eight days after the holiday falls.

(iv) Another day off either immediately before or after the day of the public holiday.

10. Wages & Allowances

(i) The minimum rates of pay for employee working a 38 hour week shall be as follows. The payment contained in the table below will take effect from the 1st pay period on or after the relevant dates outlined in the table below.

Clerk Grade 1 As of 31/5/01 As of 31/05/02 As of 31/05/03 21 year old (100%) $585.56 $603.12 $621.22 20 year old (90%) $527.00 $542.81 $559.09 19 year old (80%) $468.50 $482.55 $497.03 18 year old (70%) $409.89 $422.19 $434.85 17 year old (60%) $351.33 $361.87 $372.73 16 year old (50%) $292.78 $301.56 $310.61 Under 16 years (40%) $234.22 $241.25 $248.49

Clerk Grade 2 As of 31/5/01 As of 31/05/02 As of 31/05/03 21 year old (100%) $602.55 $620.63 $639.25 20 year old (90%) $542.24 $558.51 $575.27 19 year old (80%) $481.94 $496.40 $511.29 18 year old (70%) $421.79 $434.44 $447.47 17 year old (60%) $361.48 $372.32 $383.49 16 year old (50%) $301.28 $310.31 $319.62 Under 16 years (40%) $240.97 $248.20 $255.64

Clerk Grade 3 As of 31/5/01 As of 31/05/02 As of 31/05/03 $642.57 $661.84 $681.70

(a) Where an employee is a qualified first aid attendant and is employed to carry out duties of a qualified first aid attendant the person shall be paid an amount of $15.34 per week from 31/05/01, $15.80 per week from 31/05/02, and $16.27 per week from 31/05/03 in addition to the appropriate rates prescribed by this clause.

(b) An employee employed in the course of their employment by the company to speak a language in addition to English on the site shall be paid the sum of $8.06 per week from 31/05/01, $8.30 per week from 31/5/02 and $8.55 per week from 31/5/03 in addition to the appropriate rate prescribed by this clause.

11. Relieving in Higher Position

Any employee relieving another in a higher position, other than during meal times, shall be paid the higher rate whilst so relieving.

12. Travel Expenses

(i) If an employee is temporarily transferred the employee shall be allowed an extra cost of travelling and shall be paid at ordinary rates for any excess time occupied in travelling.

(ii) Where employees occasionally use their car, on the employer's business, shall be paid an allowance for each kilometre so travelled of 51 cents as of 31/05/01.

13. Overtime

(i) An employee shall be paid overtime for all work:

(a) in excess of weekly rostered hours;

(b) before regular commencing time on any one day;

(c) after regular ceasing time on any one day;

(d) in excess of eleven hours on any one day;

(e) when required to work, as a regular rostered day off.

(ii) The rate of overtime shall be time and one half for the first two hours on any one day and at the rate of double time thereafter. All overtime worked on a Sunday shall be paid at the rate of double time with a minimum payment of three hours.

(iii) Time off in lieu of Overtime

By mutual agreement the rate of overtime may be time off in lieu of overtime provided that:

(a) An employee may elect, with consent of the Company, to take time off in lieu of payment for overtime at a time or times agreed with the Company. (b) Overtime taken as time off during ordinary time hours shall be taken at the penalty rate equivalent.

(c) The Company shall provide payment, at the rate provided for the payment of overtime in the Award, for any overtime worked under section (I) of this clause, where such time off is not taken within four weeks of accrual.

(d) Each period of overtime shall stand alone and there shall be a fresh decision by the employee on each occasion.

14. Meal Allowance

An employee required to work overtime for 2 hours or more shall be paid a meal allowance of $9.15 as at 31/05/01 and $9.42 as at 31/05/02 and $9.70 as at 31/05/03.

15. Payment of Wages

(i) All wages shall be paid weekly with payment via electronic funds transfer made on the same day weekly, with the employer retaining no more than three days in hand. Provided that where a public holiday falls on the day prior to the normal pay day, wages may be paid on the day following the normal pay day.

(ii) Where employment is terminated, an employee shall be paid forthwith all wages due and other moneys due within seven days of the date of the termination of the employment.

16. Public Holidays

(i) The following day or days observed as such shall be holidays; New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and all other days proclaimed as public holidays for the state.

(ii) Every employee allowed a holiday specified herein shall be deemed to have worked in the week in which the holiday falls, the number of ordinary working hours that the employee would have worked had the day not been a holiday.

(iii) Work done on any of the above holidays shall be paid for at the rate of double time and one-half with a minimum payment of three hours.

(iv) In addition to the holidays prescribed, weekly employees shall be entitled to an additional holiday without loss of pay as a picnic day, to be added to the employee's first period of annual leave commencing after Easter in each year.

(v) Provided further that where an employee terminated prior to the taking of such a day, the employee shall receive an additional day's pay on termination.

(vi) An employee absent without leave on the day before or the day after any holiday shall be liable to forfeit wages for the day of absence as well as for the holiday except where an employer is satisfied that the employee's absence was caused through illness in which case wages shall not be forfeited for the holiday; provided that an employee absent on one day only, either before or after a group of holidays, shall forfeit wages only for one holiday as well as for the period of absence.

17. Sick Leave

(i) An employee, who, subject to subclause ii) of this clause, is unable to attend for duty during ordinary working hours by reason of personal illness or incapacity not due to the employee's own serious and wilful misconduct shall be entitled to be paid at ordinary time of pay for the time of such non-attendance subject to the following:

(a) shall not be entitled to paid-leave of absence for any period in respect of workers' compensation (b) shall not be entitled during the first year of employment to sick pay for more than thirty eight ordinary hours and during the subsequent years of employment to sick pay for more than sixty one ordinary hours for full-time thirty-eight hour employees or pro rata thereof.

Provided that employees engaged in Supermarket Administration prior to 21st February 1985 shall be entitled to seventy-two hours per year.

(c) The untaken entitlement under this clause shall accumulate from year to year so long as the employment continues with the employer.

(ii) The granting of sick leave shall be subject to the following conditions and limitations:

(a) The employee shall, as far as possible, inform the employer of the inability to attend for duty, prior to the time of commencement and the nature of the illness or injury and the estimated duration of the absence.

(b) The employee shall furnish to the employer such evidence as the employer reasonably may desire that they were unable, by reason of such illness, or injury, to attend for duty on the day or days for which sick leave is claimed.

(c) A part-time employee shall not be entitled in any one year to leave in excess of the number of hours in the normal working week of such employee, but any leave not taken in any year shall accumulate proportionately and shall be available to such employee under the same conditions in other respects as prescribed by paragraph (b) of subclause (i) of this clause.

(d) Payment for any absence on sick leave in accordance with this clause, during the first three months of service, may be withheld until the employee completes such three months of service at which time the payment shall be made.

17A. Leave of Absence

(i) Where a weekly employee applies for and is granted a period of authorised unpaid leave of absence of one weeks duration or more, all entitlements to annual leave, sick leave or long service leave will be frozen from the date of commencing such leave to the date of returning from such leave.

Provided that:

(a) the maximum period of absence on any one occasion may be 4 weeks;

(b) such absence shall not break continuity of employment for the employee concerned;

(c) employees have at least one year's service;

(d) employees are limited to 2 periods of such leave in any 5 years service.

(ii) An application for Leave of Absence shall be considered for a approved period of unpaid leave, for the following reasons, which whilst not exhaustive, may include:

an employee who is studying and requires time to attend exams or participate in annual school holidays;

an employee who wishes to travel overseas for an extended period;

an employee who requires time off to care for a sick or injured close relative.

17B. Personal Carer's Leave

(i) Use of Sick Leave:

(a) An employee other than a casual employee, with responsibilities in relation to a class of person set out in subclause (c) who needs the employer's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in subclause 17 of the award, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

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

(2) the person concerned being:

2.1 a spouse of the employee; or

2.2 a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or

wife of that person on a bona fide domestic basis although not legally married to that person; or

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

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

2.5 a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

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

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

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

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

(ii) Unpaid Leave for Family Purposes:

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of persons set out in subclause (c)(2) above who is ill. (iii) Annual Leave:

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

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

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

(iv) Time Off in Lieu of Payment of Overtime:

(a) For the purpose only of providing care and support for a person in accordance with clause (i) above, and despite the provisions of clause 13(iii) the following provisions shall apply.

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

(c) 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.

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

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

(v) Make-up Time:

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

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

(vi) Roster Days Off:

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

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

(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or employer.

(d) This subclause is subject to the employer informing each union which is party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

18. Compassionate Leave

18.1 An employee other than a casual employee shall be entitled to up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in 18.3 below.

18.2 The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death, together with proof of attendance in the case of a funeral outside Australia. Where the death of a named relative herein occurs outside Australia and the employee does not attend the funeral, the employee shall be entitled to one day.

18.3 Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of (i)(c)(2) in clause 17B, Personal Carer's Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

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

18.5 Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv), (v) and (vi) of the said clause 17B. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

19. Jury Service

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

During such leave of absence, an employee shall be paid the difference between the jury service fees and the employee's ordinary rate of pay as if working.

An employee shall be required to produce to the employer proof of jury service fees received and proof of requirement to attend and attendance on jury service and shall give the employer notice of such requirements as soon as practicable after receiving notification to attend for jury service.

20. Long Service Leave

See NSW Long Service Leave Act 1955.

21. Annual Holidays

(i) See NSW Annual Holidays Act 1944.

(ii) Provided that the employee may apply to take, up to one week's annual leave per year, in single days to attend to family matters.

(iii) In addition seven day shift workers, that is afternoon and night shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed one additional week's leave.

22. Annual Holidays Loading

(i) Before an employee is given and takes annual holiday, then before each of such separate periods, the employer shall pay the employee a loading in accordance with this clause.

Note - The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance. If the employment of such an employee continues until the anniversary date, the loading then becomes payable in respect of the period of such holiday and is to be calculated applying the rates of wages payable on that day.

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

(iii) The loading is the amount payable for the period or the separate period at the rate per week of 17.5 percent.

Provided that employees engaged prior to 28/7/94 shall be paid at the rate of 25 percent.

Provided that employees engaged in Supermarkets Administration prior to 21st February 1985 shall be paid at the rate of 25 percent.

Further provided that, if the amount to which the employee would have been entitled by way of night work and/or weekend loadings for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

(iv) Where, the employer's establishment or part thereof temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

(a) an employee who is entitled to an annual holiday and who is given and takes such a holiday shall be paid the loading;

(b) an employee who is not entitled to an annual holiday and who is given and takes leave without pay shall be paid proportional holidays and loading as if entitled to be deducted from leave when due.

(a) When the employment is terminated by the employer for a cause other than misconduct and has not taken the whole of an annual holiday due, shall be paid the loading for the period not taken.

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

23. Family Leave

Full time and part time employees shall be entitled to three days paid Family Leave per year in order to attend to unforeseen family matters, subject to the production of satisfactory evidence.

Employees seeking to take family leave must be responsible for the care of the family member concerned and the family member must be a member of the employee’s household.

Such leave is non - cumulative.

24. Parental Leave

See the NSW Industrial Relations Act 1996.

25. Achieving Company Standards

Employees will be required to meet company standards on all occasions. This will include the company standards regarding job performance, smoking, alcohol/drugs, emergency procedures, document security, honesty, presentation, dress, grooming, language, sexual harassment, and occupational health and safety.

(i) Dress Standards

(i) The Company image is an important responsibility borne by all employees. To this end, when at work, all employees' presentation, grooming and dress shall be in a neat, tidy, businesslike manner at all times. Denim jeans, tee-shirts and runners are not viewed as being business dress and are not permitted.

(ii) An employee who, without due cause, is not satisfactorily dressed when in attendance at the workplace will be counselled to conform with the required standard.

(iii) The Company shall exercise mature judgement and will not be harsh or unreasonable in applying subclause (ii) above.

(ii) Alcohol and Drugs

Drinking of alcohol or the taking of illegal drugs during work hours is not permitted. Employees under the influence of alcohol or illegal drugs may be dismissed.

(iii) Objectionable Language and Gestures

The use of objectionable language and gestures, particularly if such language and gestures are directed toward the Company, Company employees, or customers of the Company, may result in dismissal.

(iv) Sexual Harassment

The Company believes that sexual harassment is a form of discrimination which is offensive and damaging to morale and reflects on the integrity of the Company. Given the sensitive nature of the matter, it is important that any complainant must feel comfortable when discussing the problem. In view of this, cases of sexual harassment will not be dealt with in the first instance through the normal grievance procedures, but should be referred to the Human Resources Manager.

An employee may consider themselves to be sexually harassed in their employment if they have an approach by a manager, employee, or customer of the Company which is sexual in nature and is unwelcome or offensive to that employee and which is repeated or of such a significant nature that it has detrimental effect on the employee’s employment, job performance or job satisfaction.

26 Settlement of Disputes and Grievances

(i) Procedures relating to disputes & grievances of employee(s):

(a) The employee is required to notify the Immediate Supervisor as to the substance of the grievance, request a meeting with the immediate Supervisor and an independent witness if required by the employee, for discussions and state the remedies sought. This meeting shall take place within two (2) working days of the issue arising (weekends and holidays excepted).

(b) If agreement is not reached between the employee and the immediate Supervisor, the matter shall then be referred by the immediate Supervisor to the Department Head no later than three working days after the period stated in paragraph (a) of this sub-clause (weekends and holidays excepted). The Department Head will meet with the employee and the union delegate, if requested by the employee, within two (2) working days (weekends and holidays excepted). At this stage the employee may involve the area union organiser.

(c) If agreement is not reached between the employee and the Department Head, the matter shall then be referred by the Department Head to the Human Resources Manager no later than three working days after the period stated in paragraph (b) of this subclause (weekends and holidays excepted). At this stage the employee may involve the area union organiser.

(d) The Human Resources Manager must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

(e) Whilst a procedure outlined in paragraphs (a), (b), (c) and (d) of this subclause are being followed, normal work must continue. (f) The employer may be represented by an industrial organisation of employers and the employee may be represented by an industrial organisation of employees for the purposes of step (c) & (d) of the procedure.

(ii) Procedures relating to concerns about an employee's job performance:

(a) Where a question, dispute or difficulty arises concerning an employee's job performance or breach of company policy, expect for cases of misconduct justifying instant dismissal, a meeting shall take place between the immediate Supervisor, the employee and the union delegate if requested by the employee, at which attempts will be made to clarify the area of concern or breach of company policy and will be documented; a program of remedial action will be formulated, e.g. retraining, and a date of review will be set.

(b) If resolution is not reached or there is a recurrence of the matter or another infringement, a meeting shall be arranged between the employee and the Department Head at which attempts will be made, in the presence of the union delegate or independent witness, to clarify the area of concern or breach of company policy and will be documented; a program of remedial action will be formulated, e.g. retraining, and a date of review will be set.

(c) If resolution is not reached or there is a recurrence of the matter or another infringement, a further meeting shall be arranged between the employee and the Department Head at which attempts will be made, in the presence of the union delegate or independent witness, to clarify the area of concern or breach of company policy and will be documented, a program of remedial action will be formulated, e.g. retraining, and a date of review will be set. Further the employee will be reminded of the seriousness of the situation and warned that further infringements may result in the termination of the employee.

(d) While the procedure outlined in this clause is being followed, normal work must continue.

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

(f) If the matter still cannot be resolved, the matter may be referred to the Industrial Relations Commission.

27. Commitment to Training and Careers

The parties acknowledge that varying degrees of training are provided to employees in the retail industry, both via internal, on-the-job and through external training providers.

The parties commit themselves to continuing such training as is regarded by them as appropriate and improving training in cases where it is required.

It is agreed that the parties will co-operate in ensuring that appropriate training is available for all employees in the retail industry and the parties agree to co-operate in encouraging both employers and employees to avail themselves of the benefits to both from such training.

The parties are committed to encouraging young people to view the retail industry as one which has the capacity to provide them with an interesting career as they progress not only through junior ranks but also as adults.

The parties agree to continue discussion on issues raised by the union related to training.

28. Redundancy

(i) 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 this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with their union or unions.

(ii) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (i) hereof and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

(iii) For the purposes of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and their union or unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that the employer shall not be required to disclose confidential information the disclosure of which would be contrary to the employer's interests.

(b) Where an employee is transferred to lower paid duties for reasons set out in subclause (a) hereof the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if his/her 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 difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

(i) 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 call "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

(1) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

(2) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

(ii) 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 award or by operation of law and "transmitted" has a corresponding meaning.

(i) During the period of notice of termination given by the employer an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

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

For this purpose a statutory declaration will be sufficient. (e) Where a decision has been made to terminate 15 or more employees in the circumstances outlined in subclause (a) hereof, the employer shall notify the appropriate Government Employment Service (which has replaced the CES) thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(f) In addition to the period of notice prescribed for ordinary termination in subclause (d) of this award and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in paragraph (a)(i) hereof shall be entitled to the following amount of severance pay in respect of a continuous period of service:

If an employee is under 45 years of age, the Company shall pay in accordance with the following scale:

Years of service Under 45 years of Age Entitlement Less than one year Nil 1 year and less than 2 years 4 weeks 2 years and less than 3 years 7 weeks 3 years and less than 4 years 10 weeks 4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks 6 years and over 16 weeks

If an employee is 45 years old or over, the Company shall pay in accordance with the following scale:

Years of service 45 years of Age and Over Entitlement Less than one year Nil 1 year and less than 2 years 5 weeks 2 years and less than 3 years 8.75 weeks

3 years and less than 4 years 12.5 weeks 4 years and less than 5 years 15 weeks 5 years and less than 6 years 17.5 weeks 6 years and over 20 weeks

"Weeks' pay" means the ordinary time rate of pay for the employee concerned.

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.

(g) The Company agrees to discuss the quantum of redundancy payments to employee’s covered by this award where significant redundancies become necessary during the life of this award.

(h) An employee whose employment is terminated for reasons set out in paragraph (a)(i) hereof may terminate employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(i) An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay.

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

(k) Where employment is terminated as a consequence of misconduct, or in the case of casual employees, or in the case of employees engaged for a specific period of time or for a specific task or tasks, this clause shall not apply.

(l) This clause shall not apply to employees with less than one year's continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

29. Security of Employment

It is agreed by the parties that there shall be no involuntary redundancy of any employee covered by this award for the period of the nominal life of this award - that is, three years. Any adjustments would be accommodated in the first instance by natural attrition, transfer & retraining (transfers to other sites will be by mutual agreement), retirement or voluntary redundancy.

Further, job vacancies within the Yennora Administration Centre will be advertised internally on all Notice Boards before being advertised externally. Where store based clerical position are recruited by State Personnel, those positions will also be internal advertised.

30. Introduction of Change

(i) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union.

(ii) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where the award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

(iii) The employer shall discuss with the employees affected and the union, the introduction of the changes referred to in subclause (i) hereof, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall given prompt consideration to matters raised by employees and/or the union in relation to the changes.

(iv) The discussions shall commence as early as practicable after a firm decision has been made by the employer to make the changes referred to in subclause (i) hereof.

(v) For the purposes of such discussion, the employer shall provide to the employees concerned and the union, all relevant information about the changes including the nature of the changes proposes; the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would be detrimental to its interests.

31. Union Deductions

The Company undertakes upon authorisation to deduct union membership dues, as levied by the Branch of the Union in accordance with its rules, from the pay of employees who are members of the Australian Services Union. Such monies collected will be forwarded to the Union at the beginning of each month together with all necessary information to enable the reconciliation and crediting of subscription to members' accounts.

32. Superannuation

(i) Definitions

(a) "Ordinary time earnings" in this clause means the employees' rate of pay including any over award and/or merit payments, casual loadings, penalty rates and/or shift loadings (but excluding overtime, commission and occasional bonus payments).

(b) "Eligible employee" in this clause means any employee employed by the Company under this award, who works as a full-time employee, part-time employee or as an adult casual (working regularly twelve hours or more per week). In this clause employee means eligible employee.

(c) "The fund" in this clause all reference to the fund shall mean the Clerical Administrative and Related Employees Superannuation Pty Ltd (CARE).

(ii) For the purpose of this clause the fund into which payments are to be made shall be the Clerical Administrative and Related Employees Superannuation Pty Ltd (CARE).

(a) The employer shall apply to the trustees of the fund to become a participating employer in the fund.

(b) Each employee shall, upon being accepted by the trustees of the fund, make application to become a member of the fund.

(a) Subject to the above, where an employee is only a member of CARE, the company shall contribute to CARE on behalf of each eligible employee at the following rates:

from 1 July 1998: 7% of ordinary time earnings from 1 July 2000: 8% of ordinary time earnings from 1 July 2002: 9% of ordinary time earnings

(b) The company shall contribute to the fund monthly in respect of each eligible employee an amount equal to 3% of that employee's ordinary time earnings each week. Additionally, the

company shall pay the difference between the above 3% contribution and the level required by the Superannuation Guarantee outlined in Clause 32 (iv) (a) each quarter.

(c) Where an employee is absent on leave without pay, whether ort not such leave is approved, no contribution from the employer shall be due in respect of that employee in respect of that period of unpaid absence.

(d) Employees who may wish to make contributions to the fund additional to those being paid by the employer pursuant to paragraph (i) hereof shall be entitled to authorise the employer to pay into the fund from the employee's wages amounts specified by the employee. Employee contributions to the fund requested under this paragraph shall be made in accordance with the rules of the fund.

(v) The obligation of the employer to contribute to the fund in respect of an employee shall cease on the last day of such employee's employment with the employer.

(vi) An employer who participates in the fund shall not cease participation in the fund whilst employing any employees.

(vii) Each employer shall pay such contributions together with any employee deductions in accordance with the requirements of the trust deed of the fund.

33. Leave Reserved

The parties agree to place the matter of the classification structure in leave reserved, to be discussed if circumstances alter.

34. Anti Discrimination

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

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

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

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

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

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

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

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

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

35. Induction of New Employees

At the induction of new clerical employees covered by this award, a membership form to join the Federated Clerks Union (NSW branch) will be provided to each new employee.

36. Right of Entry

The right of entry for the union will be in accordance with the NSW Industrial Relations Act 1996.

37. Area, Incidence and Duration

This award rescinds and replaces the Woolworths Supermarkets and Warehouse Administration (State) Award published 8 September 2000 (318 I.G. 525).

This award shall only apply to persons employed by all new and existing Woolworths Limited, Woolstar Limited and Queensland Properties Investment Proprietary Limited in a clerical capacity at the Yennora Administration Centre, Homebush, Moorebank (Centenary Avenue, Moorebank), Minchinbury and Yennora Warehouses, Australian Independent Wholesalers (Warwick Farm, Sydney) and Blacktown NSW State Office.

It shall take effect from 12 October 2001 and shall remain in force until 31 May 2004.

L. C. GLYNN J.

______

(731) SERIAL C1113 SOUTH SYDNEY CITY COUNCIL SALARIED OFFICERS AWARD 2001

Application by the Council of the City South Sydney.

(No. IRC 4592 of 2001)

Before Mr Deputy President Grayson 12 February 2002

PART A

1. Arrangement

PART A

1. Arrangement 2. Statement of Intent 3. Anti-Discrimination 4. Grievance and Disputes Settlement Procedure 5. Classification Structure 6. Rates of Pay 7. Payment of Wages 8. Terms of Employment 9. Hours of Work

10. Part-time Employment 11. Casual Employment 12. Consultative Committee 13. Higher Grade 14. Penalty Rates 15. Overtime 16. Bereavement Leave 17. Carer's Leave 18. Public Holidays 19. Annual Leave 20. Long Service Leave 21. Parental Leave 22. Sick Leave 23. Calculation of Service 24. Uniforms, Clothing and Safety 25. Workplace Efficiency 26. Tool Allowance 27. Travelling Expenses 28. Meal and Crib Breaks 29. Payment to Dependents of a Deceased Employee 30. Delegates Rights and Duties 31. Termination of Employment 32. Workplace Change and Redundancy 33. Area, Incidence and Duration 34. Definitions PART B

MONETARY RATES

Table 1 - Rates of Pay Table 2 - Tool Allowance

2. Statement of Intent

The parties to the Award are committed to:

(a) co-operating positively to increase the efficiency and achieve greater flexibility to workplace practices at South Sydney City Council.

(b) improving skill levels and removing impediments to multi-skilling and broadening the range of tasks that the employee may be required to perform.

(c) eliminating discrimination in accordance with Clause 3 "Anti-Discrimination".

3. Anti-Discrimination

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

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

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

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

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

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

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

4. Grievance and Dispute Settlement Procedure

(i) The objectives of this procedure shall be to promote the resolution of grievances and disputes by measures based on consultation, cooperation and discussion without interruption or disruption to the performance of work.

(ii) In the event of a grievance or dispute the following procedure shall apply;

(a) The employee(s) shall notify the supervisor in writing, giving details of the grievance or dispute and the remedy sought.

(b) A meeting will then be held between the employee(s) and the supervisor at the earliest possible time to attempt to resolve the grievance or dispute.

(c) The grievance or dispute must initially be dealt with as close to the source as possible. If unresolved, the grievance or dispute may be referred to the next level of supervision for consideration.

(d) If the matter remains unresolved, the employee(s) may request that it be referred to their Head of Department. A further meeting between the parties shall take place as soon as possible.

(e) If the matter remains unresolved, the Head of Department shall provide the employee(s) with a written response detailing the reasons for not implementing any proposed remedy.

(f) If the matter remains unresolved it may be referred to the employee's union representative and/or the General Manager with the view to further discussion about the problem.

(iii) During this procedure:

(a) Reasonable time limits must be allowed for completion of the various stages of discussion.

(b) A union delegate or another employee may assist the employee(s) pursuing the grievance or dispute.

(c) The work practices existing prior to the dispute shall, as far as practical, continue to proceed as normal.

(iv) The parties to this award shall observe the Grievance and Dispute Settlement Procedure as set out in this clause where the emphasis shall be placed on achieving a negotiated settlement.

(v) However, if the negotiated process is exhausted without the grievance or dispute being resolved, the parties may jointly or individually refer the matter to the Industrial Relations Commission of New South Wales for assistance.

5. Classification Structure and Job Evaluation Process

(i) Positions on Career Path Scale:

(a) The classification structure has as its foundation a consistent and rigorous process of determining relativities of positions. This process takes into account all the features of work performed by salaried employees at Council, including the nature of all conditions under which it is performed and any hazards that may inevitably be experienced.

(b) The classification structure for the groups, as detailed in paragraph (d) Career Path Structure, identifies the opportunities available for progression through the salary steps.

(c) Movements through each of the Levels shall be based on the acquisition and application of additional skills over a prescribed period, which shall be a minimum of 12 months for any one Level. The minimum period is established to ensure that the skills acquired can be applied to the full range of conditions that may apply to the position and to an appropriate level of performance.

(d) Career Path Structure:

Grade Cadets Clerical Workers Ordinance Inspector and Parking Enforcement Officers Trainee Grade 1 Trainee Grade 2 Trainee Grade 3 Trainee Grade 4 Cadets Grade 1, Entry Grade 2, Entry Grade 3, Entry Grade 4, Entry Parking Ordinance Clerical Workers Enforcement Inspectors Officers Grade 5, Entry Grade 5, Step 1 Grade 5, Step 2 Grade 6, Entry Grade 6, Step 1 Grade 6, Step 2

(e) The Classification Structure is intended to achieve the following;

(1) Build on the training and broad banding / multi-skilling initiatives currently occurring within significant areas of Council’s activities.

(2) Provide a system of progression that does not disadvantage current employees.

(3) Provide a basis for progression through the Levels based on the acquisition and application of skills, or performance, as determined by the parties. The criteria for progression shall be determined in consultation between the parties.

(4) Identify each of the salary steps available to employees during the life of the Award, and the basis on which those steps can be made.

(5) Provide Council with a clear picture of the costs and benefits associated with the implementation of the Award.

(ii) Positions Graded by Job Evaluation Results

(a) Job Evaluation System - A points factor job evaluation system is used to classify and grade positions within Council. The points/grade table, detailed in paragraph (c) Grading Structure, is used to determine Entry salaries and is based on an analysis of the listed work features detailed below. The Job Evaluation Manual provides descriptions of the levels within each of the work features.

Impact of decisions, made by the position on the community.

Level of accountability for the development of policy.

Control and management of expenditure.

Budget development for future expenditure and establishing priorities for the allocation of funds.

Planning of operations, projects, services or activities typically required of the position.

Freedom of the position to act (autonomy). Impact of decisions made by the position on the organisation.

Methods of analysis commonly used to solve problems in the job.

The level of innovation and creative thinking required of the position.

The level of independence in determining approach and procedures.

The level of written communication skills required by the position.

Level of responsibility for responding to and/or satisfying customer requests and/or problems.

Interaction or teamwork skills required of the position.

Types of one-to-one communication required of the positions.

Types of group communication required of the position.

Frequency and level of work related contacts within Council.

Purpose of work related contacts within Council.

Frequency and level of work related contacts outside of Council.

Purpose and level of work related contacts outside of Council.

Minimum level of formal education required of the position.

Minimum level of practical experience required of the position.

The level of other certification, accreditation or special licenses required of the position.

Range of area in which knowledge and skills are required.

The breadth of functions and activities required of the position.

The operational knowledge required of the position.

The level of accountability and responsibility for supervising and managing the performance of other people, including contractors.

Supervisory/management actions for which the position has authority.

Number of employees supervised/managed by the position either directly or indirectly.

Annual value and complexity of the contracts being managed or supervised.

Number of volunteers supervised/managed by the position.

Nature of the work performed by the position.

Hazards implicit in the positions’ work environment.

Control of work priorities.

(b) Job Evaluation Policy - The consistent analysis and evaluation of each position within the grading structure shall be undertaken in compliance with the Job Evaluation Policy, as adopted by Council from time to time. (c) Grading Structure:

Grade Work Value Entry Work Value Exit Point Point 6 350 384 7 385 424 8 425 464 9 465 504 10 505 549 11 550 594 12 595 644 13 645 694 14 695 749 15 750 804 16 805 859 17 860 929 18 930 1000

(iii) Performance Payment Grades 14-18

(a) Leadership Performance criteria have been established for employees within grades 14-18. These criteria will be subject to an annual review cycle to provide employees with the opportunity to receive recognition and reward for meeting or exceeding these criteria.

(b) The cycle for annual review shall commence from 31 December for each year. Employees shall complete the twelve months review cycle with Council prior to being eligible for performance pay.

(c) Employees who have not reached the performance pay rate must complete their performance review cycle within the term of this award to be eligible for performance pay.

(d) Employees on special placement rates will not be eligible to claim the performance pay rate for their grade, where the rate retained is in excess of 2.5% above the appointed rate for the position.

(e) The rates for performance pay are set out in Table 1 of Part B of this award.

6. Rates of Pay

(i) The rates of pay are set out in Table 1 of Part B of this Award.

(ii) The rates of pay detailed at 'Entry' at each of the steps within each of the Grades include all skill based and disability allowances and other payments for accreditation which applied prior to the making of this Award and take into account the range of conditions under which all work is performed.

(a) Salary steps are provided within grades 5 to 13 to encourage the development of positions within these grades.

(b) The relationship between the entry rates of pay and the subsequent steps is detailed as follows:

Grades 5 to 8 Entry to Step 1: 3.5% Step 1 to Step 2: 3.5% Step 2 to Step 3: 3.0%

Grades 9 to 13 Entry to Step 1: 2.5% Step 1 to Step 2: 2.5% Step 2 to Step 3: 2.5%

Grades 14 to 18 Appointment to Performance Pay Rate: 2.5%

(iv) The rate of pay for positions at Grade 14 and above shall be inclusive of the overtime required to effectively undertake the range of duties required of the position.

(v) Special Placement

(a) An existing rate of pay which is above the salary range for the Grade into which the position is placed arising from the implementation of the new salary system is defined as Special Placement. An employee placed in this situation shall retain their current rate of pay for the period of their employment with Council. Special Placement rates of pay shall not be subject to absorption in any future Award or State Wage Case increases.

(b) An employee subject to Special Placement when promoted to a position that attracts a higher salary than the rate of Special Placement shall have the opportunity to progress consistent with the salary range for the new Grade into which they are placed. An employee retaining this rate of Special Placement who does not seek or receive promotion above this rate shall not be entitled to progression within the Salary System.

(c) Positions which are a Special Placement within Council's salary structure shall only receive higher grade pay when the entry rate of pay for the position is in excess of the current Special Placement rate.

7. Payment of Wages

(a) The Council will pay the weekly wage due to each employee directly into an account bearing the employee’s name at a mutually agreed financial institution (referred to as the nominated account) subject to the following;

(1) The Council will make arrangements with its principle Banker to deposit the net wage of each employee into the nominated account (prior to each Wednesday morning).

(2) The Council reserves the right to limit the definition and number of financial institutions that can be nominated.

(3) Employees must supply full details of the nominated account to the Council prior to commencing their employment.

(b) Time off during normal working hours will not be required by employees, or authorised by Council, for the purpose of obtaining cash or otherwise attending to the accounts at the nominated financial institutions.

(ii) An employee may authorise the Council to deduct payments on behalf of the employee, provided;

(a) the payments are to the benefit of the employee, and

(b) the employee has given written notification authorising the deduction(s).

(iii) Where the ordinary hours of employees are arranged so that they are entitled to a day off under a nine- day fortnight or a 19-day month working arrangement, they are to be paid their wages on the basis of an average of their ordinary weekly hours. The intention of the averaging system is to avoid fluctuating wage payments arising from the redistribution of hours of work and ensure the same weekly entitlements are paid to employees throughout their respective work cycles. The parties agree to refer to previous regulation should an explanation of the averaging system be required (reference IG 284, page 246, Salaried Division).

8. Terms of Employment

(i) To be eligible for a permanent appointment a person must pass a medical examination by Council’s Medical Officer.

(ii) An employee, who does not report for duty on any day for any reasons shall, as soon as practicable after normal starting time on that day, give notice to the Council or its authorised representative as to the reason for and prospective duration of the absence.

(a) Where an employee is absent from duty for reasons, which remove an entitlement to payment under this Award, the Council may deduct from the wage of the employee, payment for all time not worked.

(b) The Council shall not make any deduction from wages for time lost owing to wet weather, provided that the employee;

(1) shall continue working until such time as the supervisor orders work to cease,

(2) shall stand by as directed by the supervisor, and

(3) shall recommence duty as directed.

(iv) Where an employee is absent from duty without permission for a continuous period of one ordinary working week, and the employee fails within such period to furnish an explanation for the absence satisfactory to the Council, the employee’s employment shall be deemed to have been terminated by resignation with effect from the first day of absence.

(a) The Council may direct an employee to carry out such duties as are within the limits of an employee's skill, competence and training, provided that such duties are not designed to promote deskilling.

(b) An employee shall carry out such duties as directed, including duties of a higher grade position.

(c) Where an employee is directed to perform work for a lower grade, the employee shall not suffer any reduction in rate of pay as a result of this arrangement.

9. Hours of Work

(i) Spread of Hours - General:

(a) Except as otherwise provided in paragraph (b), the ordinary working hours for employees shall be 36.25 per week, worked between 6.00am and 8.00pm, Monday to Friday inclusive, except for unpaid meal breaks.

(b) The ordinary working hours for employees engaged in the library function shall be 36.25 per week, worked between 6.00am and 8.00pm, Saturday to Friday, except for unpaid meal breaks.

(c) Where the job description requires an employee to supervise 38 hour per week worker(s), the employee shall also be required to work a 38 hour week.

(d) The ordinary hours of work shall not exceed 12 hours on any one day.

(e) Except in cases of emergency (to be determined by Council), the Council shall not alter the starting or finishing time of any employee without first giving 7 days notice of the change.

(ii) Arrangement of Hours

(a) In respect of 36.25 hours per week employees, the ordinary hours of work may be arranged so as not to exceed 72.5 hours within 2 weeks or 152 hours within 4 weeks.

(b) In respect of 38 hours per week employees, the ordinary hours of work may be arranged so as not to exceed 76 hours within 2 weeks or 152 hours within 4 weeks.

(iii) Spread of Hours - Shiftworkers:

(a) The ordinary hours of a shiftworker shall be worked, in shifts as rostered, between Saturday and Friday inclusive, as follows;

(1) Cleansing Foreman on night shift shall work 32 hours per week. For the 32 hours per week prescribed by this paragraph a shift penalty of 11.5% shall apply, except for a shift worked on a public holiday.

This penalty is in lieu of the 30% night shift prescription, in accordance with the 32 hours per week arrangement (Clause 15 - Penalty Rates) carried over from the former Sydney City Council.

(2) Employees engaged in the Community Resources function and Children’s Services should work 36.25 hours per week, between 6.00am and 10.30pm.

(3) Ordinance Inspector and Parking Enforcement Officers shall work 38 hours per week, between 6.00am to 8.00pm.

(4) All other shiftworkers shall work 36.25 hours per week between 6.00am and 8.00pm.

(iv) Shiftwork: General:

(a) A shiftworker shall not be required to work;

(1) in broken shifts, or

(2) more than 11 shifts in 14 consecutive days without payment of overtime.

(b) All shift work shall be rostered and the starting and ceasing time of ordinary hours working hours shall be shown in this roster.

(c) There shall be an interval of at least 8 hours between termination of any shift and commencement of the next succeeding shift.

(d) Changes in Hours Arrangements by Agreement: A different arrangement or spread of hours to those set out in subclauses (i), (ii), (iii) and (iv) may be agreed upon by the Council and the employee(s) concerned. Any such agreement will be genuine with not compulsion to agree. At any stage of the negotiations, either the employee(s) or Council may seek assistance from the appropriate Union, Association or Council’s Joint Consultative Committee.

(v) Transfer of Employees to Shift Work:

(a) In order to meet the needs of the industry, the Council may introduce shift work or transfer a day worker to shift work, provided:

(1) agreement is reached with the Union concerned, or

(2) in the absence of agreement, the dispute is referred to the appropriate Conciliation Commissioner. In this case a day worker shall not be transferred to shift work until the dispute has been resolved.

(b) The provisions of paragraph (a) of this subclause shall not apply to:

(1) shift work already in operation as at the date of making the Award, or

(2) Council’s right to transfer a day worker to shift work to perform the duties of a shift worker temporarily absent from duty.

(vi) Voluntary Work: The following work, performed at any time outside the ordinary hours of work at the option and discretion of the employee engaged in or in connection with supervision and control of children, shall be regarded as voluntary work and shall not involve the Council in the payment of additional salary or overtime to any employee performing such work as;

(a) accompanying or training children engaged in sporting activities,

(b) accompanying children on swimming, camping or any other similar expeditions or outings,

(c) attending social functions including voluntary attendance of an evening at clubs, or

(d) any such similar activities as may be agreed between the employer and the particular employee concerned.

Redistribution of Daily Working Hours: The General Manager and the Secretary of the Union concerned may enter into an agreement for the adoption of a scheme for working a nine-day fortnight or nineteen day month. Time worked during these periods shall be treated as the ordinary hours of duty for the employee(s) concerned.

10. Part-time Employment

(i) A part-time employee shall mean an employee who is engaged on the basis of a regular number of hours that are less than the full-time ordinary hours in accordance with Clause 9, Hours of Work of this Award.

(ii) Prior to commencing part-time work, Council and the employee shall agree upon the conditions under which the work is to be performed including:

(a) The hours to be worked by the employee, the days upon which they shall be worked and the commencing times for the work

(b) The nature of the work to be performed

(c) The rate of pay as paid in accordance with this Award

(iii) The conditions may also stipulate the period of part-time employment

(iv) The conditions may be varied by consent

(v) The conditions or any variation to them must be in writing and retained by Council. The Council must provide the employee with a copy of these conditions. (vi) A part-time employee may work more than their regular number of hours at their ordinary hourly rate by agreement.

(vii) Part-time employees shall receive all conditions prescribed by the Award on a pro-rata basis of the regular hours worked. An adjustment to the accrued leave entitlements may be required at the conclusion of each service year based on the proportion of actual hours worked.

(viii) Where a public holiday falls on a day where a part-time employee would have regularly worked the employee shall be paid for the hours normally worked on that day.

(ix) A change to full-time employment from part-time employment or to part-time employment from full- time employment shall not constitute a break in the continuity of service. All accrued entitlements shall be calculated in proportion to the hours worked in each employment arrangement.

11. Casual Employment

(i) A casual employee shall mean an employee engaged on a day-to-day basis.

(ii) A casual employee shall be paid the hourly rate for ordinary hours worked in accordance with Clause 9, Hours of Work.

(iii) Overtime shall be paid where a casual employee works outside the ordinary hours for that position.

(iv) Loading: In addition to the amounts prescribed by subclause (ii) of this Clause, a twenty five percent loading, calculated on the ordinary hourly rate, shall be paid. This loading shall be paid in lieu of all leave and public holidays prescribed by the Award.

(v) A casual employee shall not replace an employee of Council on a permanent basis.

12. Consultative Committee

(i) Council shall establish a Joint Consultative Committee comprising of employee and management representatives, to provide a forum for consultations between the Council and its employees on matters effecting efficiency and productivity, award restructuring and career opportunities for employees.

(ii) The size and composition of the Joint Consultative Committee shall be agreed to by Council and a majority of employees of the Council.

(iii) Employee members of the Joint Consultative Committee shall be broadly representative of Council’s workforce.

(iv) The Council shall nominate management representatives on the Joint Consultative Committee.

(v) All members of the Joint Consultative Committee should undergo appropriate training to ensure effective participation in the Joint Consultative Committee.

(vi) The Joint Consultative Committee may be set up other committees to assist in the consultative mechanisms within Council.

13. Higher Grade

(i) Temporary Appointments: An employee, required to perform the normal duties of a position, which is at a higher grade within the salary system, shall be paid the entry level for that grade, provided;

(a) the payment in the higher grade position shall be a minimum increase of 2.5%, provided any payment does not exceed the rate set for step 3 of the grade of the temporary appointment

(b) the payment shall be made for the time actually spent relieving in the higher position, and (c) where an employee acts higher grade for a period of 4.5 hours, the higher grade will be paid for the full day.

(ii) Permanent Appointments: Permanent appointments to a position at a higher level within the salary system shall be made at the entry level of the grade, provided:

(a) the minimum salary adjustment shall be an increase of 2.5%;

(b) the calculation of any increase provided for in paragraph (a) does not place the employee's new pay rate in excess of step 3 of the grade of the new position.

(iii) An employee who is appointed to a higher position but cannot be released to take up the new position for a period of 14 days, shall be paid the rate of the higher classification on the 15th day from and inclusive of the date of appointment.

(a) Where a vacant position has been filled by a higher-grade appointment for a period of three months, the Council shall take the necessary steps to make a permanent appointment to the position.

(b) This provision shall not apply to a position vacated on approved leave.

(v) On-the-job-training: The provision of this clause shall not apply to an employee who performs the whole or part of the duties of a higher grade position for the purpose of gaining experience or training, provided that the appointed occupant remains on duty and retains the responsibilities of the position during this time.

14. Penalty Rates

(i) Except as otherwise provided, all employees are entitled to the following penalty rates:

(a) Rotating shifts, Monday to Friday inclusive:

(1) Morning Shifts: For all ordinary time worked which commences after 4.00am and before 5.30am - ordinary rates plus 15%.

(2) Afternoon Shifts: For all ordinary time worked which finishes after 8.00pm and at or before midnight - ordinary rates plus 15%.

(3) Night Shifts: For all ordinary time worked which finishes after midnight and at or before 8.00am - ordinary rates plus 15%.

(4) Day Shifts: For all ordinary time worked other than in (1), (2) and (3) above - ordinary rates.

(b) Permanent Shifts, Monday to Friday inclusive:

(1) Morning Shifts (as defined in subclause (a) (1)): ordinary rates plus 15%.

(2) Afternoon Shifts (as defined in subclause (a) (2)): ordinary rates plus 15%.

(3) Night Shifts (as defined in subclause (a) (3)): ordinary rates plus 30%.

(c) Weekend and Public Holiday Shifts:

(1) Saturday Shifts: For all ordinary time worked, the major portion of which falls between midnight Friday and midnight Saturday - ordinary rates plus 50%. (2) Sunday Shifts: For all ordinary time worked, the major portion of which falls between midnight Saturday and midnight Sunday - ordinary rates plus 100%.

(3) Public Holiday Shifts: For all ordinary time worked, the major of which falls on a public holiday - ordinary rates plus 150%.

(d) Prescribed 32 Hour Week Workers:

(1) Permanent night shift (as defined in subclause (a) (3)), Monday to Friday: ordinary rates plus 11.5%.

(2) Saturday Shifts (as defined in subclause (c) (1)): ordinary rates plus 25%.

(3) Sunday Shifts (as defined in subclause (c) (2)): ordinary rates plus 75%.

(4) Public Holiday Shifts (as defined in subclause (c) (3)): ordinary rates plus 150%.

(a) Transfer of Employee to Shift Work: Except as provided for in paragraph (b) of this subclause, a day worker required by the Council to transfer to shift work shall be paid for all morning, afternoon and night shifts worked in the first week after transfer, as follows;

(1) if transferred to a 38 or 36.25 hour week roster: ordinary rates plus 50%.

(2) if transferred to a 32 hours week roster: ordinary rates plus 25%.

(b) A day worker engaged upon day work, who requests and obtains a transfer to shift work, or as a result of having applied for and obtained a position involving shift work, shall not be entitled to the additional payments prescribed by this subclause.

(iii) Notice for Change in Roster: Where the employer changes the roster of a rostered shift worker, other than a shift worker rostered for relief work, without having first given the employee 48 hours clear notice of the change, the employee concerned shall be paid for the first shift worked on the altered roster at the rate of ordinary time plus 100%.

(iv) The provisions of this Clause shall not apply to a Caretaker in receipt of free quarters.

15. Overtime

(i) The Council may require an employee to work reasonable overtime.

(ii) All time worked by direction before the commencement of ordinary hours, or later than the completion of ordinary hours, shall be paid at the rate of time and a half for the first two hours and double time thereafter.

(iii) Saturday: Overtime worked on Saturday shall be paid for at the rate of time and a half for the first two hours and double time thereafter, provided any overtime worked after 12 noon on Saturday shall be paid for at the rate of double time.

(iv) Sunday: Overtime worked on Sunday shall be paid for at the rate of double time.

(v) Public Holidays

(a) Overtime worked on a Public Holiday as prescribed by this award shall be paid for at the rate of double time.

(b) Any portion of overtime worked on a Public Holiday outside the employee's normal working hours will be paid for at the rate of triple time.

(c) The payments prescribed in (a) and (b) of this subclause will be in addition to the employee's normal pay for the holiday, where such an entitlement arises under the award.

(vi) Overtime worked on any day, whether in broken periods or otherwise, shall be regarded as continuous.

(vii) Where the major portion of a period of overtime worked extends into a Sunday or Public Holiday, the whole of the overtime shall be deemed to have been worked on the Sunday or Public Holiday, as the case may be.

(viii) Where overtime commences or terminates at an hour where the usual means of transport are not available, the Council shall provide, or pay for, suitable transport direct to the employee's home.

(ix) Minimum Payment: an employee who has ceased work and returned home shall, if required to resume and cease work before the employees normal starting time, receive a minimum payment equivalent to four (4) hours work at the appropriate overtime rates. The provisions of this Clause shall not apply to the following:

(a) To a Caretaker residing on a premises at the place of employment.

(b) Where an employee ceases work without permission or at the request of the employee, before normal ceasing time for such work.

(x) Ten Hour Break

(a) Overtime required to be worked by Council shall be arranged so that the employee has at least a ten consecutive hour break between the completion of work on one day and the commencement of work on the next.

(b) Where overtime is not arranged as set out in paragraph (a) of this subclause, the employee upon completion of such overtime, shall be granted ten (10) consecutive hours off duty without loss of pay for ordinary working time. If an employee is instructed to resume work without having had ten consecutive hours off duty, the employee shall be paid at double ordinary rates until such time as the ten hour break is granted.

(xi) Exemption from Overtime: The provisions of this clause shall not apply to employees whose salary is set at a rate equivalent to the entry level of Grade 14 and above.

(xii) Time Off in Lieu of Overtime: Where there is prior agreement between the Council and the employee, an employee directed to work in excess of ordinary hours may elect either to be paid the appropriate overtime rate or be granted time off in lieu equivalent to the actual hours worked. This paragraph shall

not apply to employees who are on call or called back to work. Such time must be taken within four weeks of accrual otherwise overtime rates will be applied.

(xiii) Shiftworkers

(a) Non continuous overtime: a shift worker called back to work overtime shall be paid at the rate of double time.

(b) Public Holidays

(i) Overtime worked by a shiftworker on a Public Holiday shall be paid at the rate of double time and one half.

(ii) Any time worked by a shift worker on a Public Holiday that falls between the employees ordinary rostered working hours shall not be regarded as overtime and shall be paid for at the appropriate penalty rates.

16. Bereavement Leave

(i) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, on each occasion of the death of a person as prescribed in subclause (iii) of this Clause. Bereavement leave shall be taken within seven days of the date of the death of a person as prescribed in the said subclause (iii).

(ii) The employee must notify the Council as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the Council proof of death. The production of a statutory declaration by the employee shall be considered as satisfactory evidence.

(iii) Bereavement leave shall be available to the employee in respect of the death of a person prescribed for the purposes of personal/carer’s leave as set out in paragraph (c) of subclause (i) of Clause 17, Carer’s Leave provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

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

(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (v), (vi), (vii) and (viii) of the said Clause 17, Carer's Leave. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the Council.

17. Carer’s Leave

(i) Use of Sick Leave: An employee, other than a casual employee, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in Clause 22 - Sick Leave, for absences to provide care and support, for such persons when they are ill, provided;

(a) the employee is responsible for the care of the family member concerned,

(b) the family member is sick and needs the care and support of the employee, and

(c) the family member is a class of person defined as follows;

(1) a spouse of the employee; or

(2) a de facto spouse, who, is of the opposite sex of the employee and who lives with the employee as their husband or wife on a bona fide domestic basis, although not legally married; or

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

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

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

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

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

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

(ii) Proof of Illness: The employee shall, if required, establish by production of a medical certificate or statutory declaration;

(a) the illness of the family member concerned, and

(b) that the illness is such as to require care by another person.

(c) a medical certificate will be required where three (3) separate periods of absence, without a medical certificate, has been exceeded in any one (1) service year (Refer 'Sick Leave' - Clause 22 (iii) (d) (2)).

(iii) Only One Carer: In normal circumstances, an employee must not take carer’s leave where another person has taken leave to care for the same person.

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

(v) Unpaid Leave: For the purpose of providing care and support to a family member (as set out in subclause (i)(c) above) who is ill, an employee may elect, with the consent of the Council, to take unpaid leave.

(vi) Annual Leave and Leave Without Pay: For the purpose of providing care and support to a family member (as set out in subclause (i)(c) above) who is ill, an employee may elect, with the consent of Council, to take annual leave and leave without pay at a time or times agreed by the parties.

(vii) Rostered Days Off: For the purposes of providing care and support to a family member (as set out in subclause (i)(c) above) who is ill, an employee may elect, with the consent of Council, to take a rostered day off. An employee may also elect, with the consent of Council to accrue a bank of rostered days off to be drawn upon for the same purpose at a time mutually agreed between Council and the employee, or subject to reasonable notice by the employee or Council.

(viii) Make Up Time: For the purpose of providing care and support to a family member (as set out in subclause (i)(c) above) who is ill, and employee may elect, with the consent of Council, to work make up time. Make up time refers to when an employee takes time off during ordinary hours and instead works those hours at a later time on an hour for hour basis.

18. Public Holidays

(i) New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day and any other days proclaimed as public holidays by the New South Wales State Government will be holidays under this Award.

(ii) Union Picnic Day shall for the purposes of this Award be regarded as a holiday. The Picnic Day shall be held on a day that is agreed to by the Council and the Union(s).

(iii) Where a holiday occurs on a day on which an employee is rostered off while employed on a rotating roster system, the employee shall be paid an ordinary day’s pay for that day. This payment shall be in addition to an ordinary week’s pay, provided that the additional amount paid for the public holiday does not exceed eight hours pay.

(iv) Where an employee is required to perform higher grade duties for the full day proceeding or following a public holiday, the employee shall be paid for the holiday at the higher grade rate.

(v) An employee who is absent without pay on the working days immediately before and following a public holiday shall not be entitled to payment for the holiday.

19. Annual Leave

(i) After each twelve months of service full-time employees will be granted four weeks annual leave at their ordinary rate of pay.

(ii) If any special or public holiday for which an employee is entitled to payment occurs during the period of their annual leave, the leave period will be extended to account for such paid holidays.

(iii) If both parties agree, the leave may be taken in any combination of separate periods, provided the leave is due and taken in whole days.

(iv) If both parties agree, annual leave may be taken wholly or partly in advance.

(v) If employed for a full year, a part time employee shall be entitled to annual leave calculated on a proportionate basis.

(vi) Rostering: Council may roster the taking of annual leave and, unless otherwise agreed between both parties, the date fixed for this purpose will be within a period of twelve months after the annual leave became due.

(a) Notice by Council: The Council shall give employees at least one month’s notice of the date upon which they are to proceed on annual leave. In the case where annual leave is rostered, notice of at least two months will be given.

(b) Notice by Employee: The employee is required to give 2 weeks notice of the intention to take leave.

(viii)

(a) Employees are entitled to receive their ordinary pay for the holiday period in full prior to proceeding on annual leave.

(b) Higher Grade: Where an employee performs duties of a higher grade for a continuous period of at least three months immediately proceeding the taking of annual leave, and the employee has not ceased to do such work for an aggregate period of more than five working days, the employee shall be paid for the annual holiday at the rate applicable to the higher classification.

(c) Loading: In addition to the payment prescribed in paragraphs (a) and (b) of this subclause, an employee shall be paid a loading equivalent to 17.5% of four weeks ordinary wage in respect of

each four weeks annual leave accruing. However, in the case of an employee engaged on rostered shift work for a period of twelve months prior to the taking of annual leave, the employee shall continue to be paid the penalty rates relevant to the existing or projected roster, or the loading prescribed by this paragraph, whichever is the greater.

(ix) On resignation or termination of employment, the Council shall pay to the employee, or the duly authorised legal representative of the employee, all annual leave due to the employee. This shall include payment for any annual leave due to the employee on a proportionate basis. The amount payable shall be calculated at the employee’s ordinary rate of pay applicable at the date of termination.

(x) Casual Employees: Casual Employees shall not be entitled to the annual leave provisions contained in this Clause. 20. Long Service Leave

(1) An employee shall be entitled to long service leave at their ordinary rate of pay as follows:

Length of Service Entitlement Prior to 22/8/83 Since 22/8/83 After 10 years of service 13 weeks 13 weeks After 15 years of service 19.5 weeks 21.5 weeks After 20 Years Service 30.5 weeks 35 weeks For every completed period of 5 years service thereafter 11 weeks 13 weeks

(2) Long service leave shall accrue in accordance with the above table and proportionately for each completed month of service.

(b) An employee, or their authorised or legal representative, who has completed more than five years service but less than 10 years is entitled to a long service leave pro rata payment (1.3 weeks per year) if the employee;

(1) resigns as a result of illness, incapacity, domestic or other pressing necessity,

(2) is dismissed for any reason except serious and wilful misconduct,

(3) retires in accordance with relevant legislation, or

(4) dies.

(c) Where an employee has completed more than ten years service with the Council and is terminated for any cause, the employee or the authorised or legal representative of the employee, shall be paid the monetary equivalent of all long service leave accrued but not taken by the employee at the date of termination. The entitlements shall be calculated in accordance with the table set out in part (a) of subclause (i) of this Clause.

(ii) Notice

(a) The Council must give the employee at least one month’s notice of the granting of long service leave.

(b) The employee is required to give 2 weeks notice of the intention to take leave.

(iii) If both parties agree, accrued long service leave may be taken in separate periods of not less than one week.

(iv) Employees are entitled to receive their ordinary pay for the period of long service leave prior to taking leave.

(v) The period of long service leave will be extended by any public holidays or award holidays that may fall during the period of leave.

(a) For the purpose of calculating long service leave entitlements in accordance with subclause (i)(a) of this clause all prior continuous service with any other Council within New South Wales shall be deemed to be service with South Sydney City Council.

(b) Continuity of service shall be deemed not to be broken by transfer or change of employment from another Council provided the period between cessation of service and the date of employment with South Sydney City Council does not exceed three months.

(c) When an employee transfers from another Council to South Sydney City Council, the long service leave entitlement accrued by the employee may be transferred to South Sydney City Council, provided the monetary equivalent of long service leave is paid directly to South Sydney City Council by the other council at the time of transfer.

(d) An employee transferring long service leave entitlements in accordance with subclause (vi)(c) of this Clause must first complete one year of service with South Sydney City Council before being are eligible to claim long service leave under the terms of subclause (i)(a) of this clause.

(e) Where an employee of South Sydney City Council transfers to another Council and the employee elects to transfer accrued long service leave entitlements, South Sydney City Council will pay to the newly employing Council the monetary equivalent of all long service leave accrued by the employee at the time of transfer. However, an employee who at the time of transfer has completed at least ten years continuous service may elect to be paid the monetary equivalent of the entitlement.

21. Parental Leave

(i) Unpaid Leave: An employee is entitled to take up to 52 consecutive weeks of unpaid leave minus any period of paid leave taken under subclause (viii) in respect of:

(a) the birth of a child to the employee or the employee’s spouse; or

(b) the placement of an adopted child, less than 5 years of age, with the employee.

Provided that this leave is completed before the child’s first birthday or the first anniversary of the adoption.

(ii) Length of service for eligibility: an employee is not entitled to take parental leave unless he or she has, before the estimated date of birth or placement,

(a) in the case of a full time or permanent part time employee completed at least 12 months continuous service with the Council

(b) in the case of a casual employee completed at least 24 months of continuous service with the Council as a regular casual employee. Continuous service is work for the Council on an unbroken regular and systematic basis (including any period of authorised leave or absence).

(iii) Restrictions on Parents Taking Leave at the Same Time: An employee is not entitled to take parental leave at the same time as the employee’s spouse, but this subclause does not apply to:

(a) 1 weeks’ parental leave taken by the spouse immediately after the birth of the child; or

(b) 3 weeks’ parental leave taken by the employee and the employee’s spouse at the time of adopting a child.

(iv) The entitlement to parental leave is reduced by any period of leave taken by the employee’s spouse in relation to the same child, except the period of leave referred to in subclauses (iii)(a) and (iii)(b). (v) Parental Leave and Other Leave: An employee may elect to take a period of annual leave or long service leave to which there is an entitlement, instead of unpaid maternity leave. The period of annual leave or long service leave so taken shall be treated as part of parental leave.

(vi) Adoption Interviews or Examinations: An employee shall be entitled to up to 2 days’ unpaid leave where the employee is required to attend compulsory interviews or examination as part of the adoption procedure.

(vii) Special Maternity Leave and Sick Leave: An employee shall be entitled to unpaid special maternity leave, or paid sick leave if such leave is available and they have an entitlement to it, in the event of a pregnancy terminating before the expected birth date or for a pregnancy-related illness. The leave in this subclause will be subject to the provision of a medical certificate and will be in addition to the leave set out above.

(viii) Paid Leave: An employee, other than a casual employee, who is eligible to take unpaid parental leave as set out in subclause (ii), is also entitled to paid leave of up to 6 consecutive weeks at full pay, or 12 weeks at half pay, in respect of:

(a) the birth of a child to the employee or the employee’s spouse; or

(b) the placement of an adopted child, less than 5 years of age, with the employee.

(ix) Calculation of Entitlement to Paid Parental Leave: an employee who is eligible to take paid parental leave as set out in subclause (viii) shall be paid in accordance with the following:

(a) full time employees shall be paid at their ordinary weekly rate of pay

(b) permanent part time employees shall be paid at the average weekly rate of earnings calculated on weekly earnings for the 12 months prior to the commencement of paid maternity leave.

(x) Cancellation of Paid Leave: Where an employee returns to work earlier than the period of 6 weeks’ paid leave, the employee’s entitlements to paid leave will be reduced accordingly.

(xi) Notice and Documentation Required by Council: The notice and documents that employees must provide to Council before commencing parental leave are as follows:

(a) a medical certificate confirming the pregnancy and expected date of birth or a notice from the adoption agency stating the date of placement; and

(b) a statutory declaration stating any parental leave sought by the spouse and stating that the employee will be the child’s primary care giver; and

(c) at least 10 weeks written notice of the intention to take parental leave; and

(d) at least 4 weeks written notice of when they wish to start and end their leave or, in the case of adoption leave, 14 days.

(xii) Extension of Leave: Employees may lengthen the period of leave beyond that which was originally requested, on one occasion only, without the approval of the General Manager, by providing at least 14 days written notice. Any further extensions will require the consent of the General Manager.

(xiii) Shortening of Leave: Employees may shorten the period of leave, if the General Manager consents, by providing 14 days notice.

22. Sick Leave

(i) Employees who are unable to work for reason of illness or injury, shall, subject to the provisions of this Clause, be entitled to sick leave at the ordinary rate of pay which shall accrue as follows; (a) 15 days upon appointment, and

(b) a further 15 days upon the completion of each service year,

(c) such sick leave entitlements, which shall be cumulative, shall accrue in accordance with the average number of ordinary weekly hours worked by the employee,

(d) sick leave shall accumulate from year to year so that any balance of leave not taken in one year may be taken in a subsequent year or years.

(ii) For the purposes of this Clause sick leave shall be debited equivalent to the number of ordinary hours the employee would have worked during the period of absence in accordance with the employee’s normal work cycle.

(iii) Employee’s entitlements to sick leave shall be subject to the following conditions;

(a) the employee must establish to the satisfaction of the Council that the illness is such that it justifies the time off;

(b) that the illness or injury does not arise from engaging in other employment, professional sport or like activity;

(c) that the illness or injury was not caused by the wilful act, or misconduct of the employee;

(d) that certification from a qualified medical practitioner to justify payment shall be required after:

(1) 2 days absence, or

(2) after 3 separate periods in each service year where sick leave absences, including carer’s leave absences, are not supported by a medical certificate, and

(3) the certificate must be dated no more than 3 days after the first day of absence;

(e) when requested, the medical certificate shall indicate the employees’ inability to undertake their normal duties; and

(f) for absences longer than 5 days a medical certificate must be submitted every 7 days or monthly in the case where an employee is an inpatient of a hospital.

(iv) In order to obtain the benefits of this clause an employee shall submit a claim for sick leave on a form provided by the Council.

(v) Sick leave shall accumulate from year to year so that any balance of leave not taken in one year may be taken in a subsequent year or years.

(vi) The Council may require an employee to attend a medical practitioner nominated by Council at Council’s expense.

(vii) Sick Leave without Pay: Where an employee has exhausted all sick leave with pay and the employee is unable to attend for duty for reason of genuine illness, the employee may be granted leave without pay to a maximum of 12 weeks.

(viii) Public holidays or rostered recreation days occurring during a period of absence due to sick leave, shall not be counted as sick leave.

(ix) Higher Grade: Where an employee performs duties of a higher grade for a continuous period of at least three (3) months immediately proceeding the taking of sick leave, and the employee has not ceased to do such work for an aggregated period of more than five (5) working days, the employee shall be paid for the sick leave at the rate applicable to the higher classification for a maximum of 20 days for any one absence.

(x) Illness when on Annual/Long Service Leave: If an employee becomes sick or is injured whilst on annual leave or long service leave, the employee may elect to have the period of illness treated as sick leave and at a time convenient to the Council take additional holiday leave equivalent to the period of illness, provided:

(a) the period of illness or injury is at least 7 days

(b) the illness or injury is supported by medical evidence satisfactory to the Council confirming that the employee was housebound.

(xi) Refund of Sick Pay: Where an employee obtains a verdict for damages or an amount of money in settlement of a claim for damages against a third party in respect of an injury or illness for which the employee has received sick pay in accordance with the provisions of this Clause, the employee shall refund to the Council any such sick pay paid by the Council insofar as the verdict or settlement includes an amount in respect of such sick pay.

(xii) Council’s liability under this clause in respect of one continuous absence of sick leave is limited to 315 days for staff employed as at 11 February 1980 and 260 days for those employees commencing employment on and after the 12 February 1980.

(xiii) Casual Employees: Casual employees shall not be entitled to the sick leave entitlement contained in this Clause.

23. Calculation of Service

(i) For the purpose of this award, the following periods shall be taken into account in calculating service with the Council:

(a) any leave of absence with pay approved by the General Manager,

(b) any leave of absence without pay approved by the General Manager but not exceeding one ordinary working week,

(c) periods of absence due to accident or incapacity for work covered by the Workers Compensation Act 1987,

(d) previous periods of service which were not terminated by resignation or dismissal, and

(e) any period of service with the Australian Military Forces provided that the employee enlisted or was called up direct from the service of the South Sydney City Council and the employee subsequently returned to Council’s service.

(ii) Sick Leave without Pay: where sick leave has been approved by the General Manager, the period of leave shall count as service, provided;

(a) the maximum period or periods of leave without pay to count as service does not exceed a total of 12 weeks,

(b) any periods of sick leave without pay approved to count as service shall be aggregated so that the maximum available throughout the employee’s employment with Council shall be limited to a total amount of 12 weeks, and

(c) where the incapacity is due to war caused disabilities accepted by the Department of Veteran’s Affairs, the employee shall be entitled to have counted as service one additional week for each year of the employee’s service. 24. Uniforms, Clothing and Safety

(i) Where the Council provides an employee with a uniform or safety/protective clothing, including safety footwear:

(a) The Council shall pay for the cost of clothing.

(b) The employee shall wear and use such clothing (including footwear) to achieve the purpose for which it was supplied.

(c) The General Manager following advice from Council’s Clothing Committee shall determine the style, nature, quality and quantity of clothing.

(d) Lost or damaged clothing due to an employee's misuse or negligence shall be replaced or paid for by the employee to whom the clothing was issued.

(a) Council shall provide a safe place of work in accordance with the Occupational Health and Safety Act 1983.

(b) All employees will comply with safety regulations and wear all safety equipment and clothing at all times.

(1) An employee who fails or refuses to wear safety clothing (including footwear) will not be permitted to commence work and will be sent home to collect the clothing. The employee shall receive no pay for the absence.

(2) An employee who continues to breach the provisions of this clause will be subject to disciplinary action.

25. Workplace Efficiency

In accordance with the provisions of the 38 hour working week agreement reached between the Federated Municipal and Shire Council Employees’ Union of Australia (NSW Division), Labor Council of NSW and the Council of the City of Sydney (Matters 818 of 1981, 840 of 1981and 285 or 1982), the following applies;

(i) To minimise the potential for demarcation disputes and to facilitate the performance of work, trades staff and non-trades staff are to carry out relatively minor tasks with flexibility between classifications, provided they are within the work of classifications covered by the constitution rule of the employee’s union, as follows;

(a) bricklayers are to cement render sullage pits, and carry out minor wall and floor tiling and stonemasonry;

(b) painters are to carry out minor plastering, carpentry and glazing;

(c) carpenters are to carry out joinery, shop fitting, cabinet making, vinyl floor laying, form work, wood-machine glazing, locksmithing, minor wall and floor tiling and minor labouring;

(d) plasterers are to carry out minor bricklaying, concrete finishing, wall and floor tiling, gyprock fixing, terrazo fixing and polishing and laying exposed aggregate;

(e) boilermakers/welders are to assist riggers and do sheet metal work if there is no sheet metal- worker in attendance;

(f) electricians are to clean electrical fittings in the course of performing electrical work;

(g) tradespersons will assist one another as far as practicable provided that they are not required to perform the work of other tradesperson at the specialist tradesperson level;

(h) plumbers are to do their incidental sheet metal work;

(i) gardening staff working with mowers or other plant and equipment are to carry out minor running adjustments to the mowers, plant and equipment;

(j) labouring staff are to carry out minor bricklaying work, set up form work, carry out stone-setting and do concrete finishing where no tradesperson is available;

(k) labourers in the Public Works and Services Department are to carry out less specialised gardening tasks;

(l) labourers assisting plasterers are to help pull lines through for expansion joints;

(m) to enable jobs to proceed, trades staff and other staff are to carry out other minor tasks, incidental to the jobs being done by them, which would generally be work carried out by other classifications, where the other classifications are not in attendance;

(n) labouring staff are to erect and dismantle all Council’s city decorations, including all assembling and incidental work.

(ii) To minimise the potential for demarcation disputes and to enable more efficient use of personnel, staff may, as and when required, be utilised, without loss of pay, to perform work for which a lower rate of pay is prescribed, as follows;

(a) building trades staff to carry out the erections of mobile scaffolding, such as trestles, ladders, slipheads or the like, provided its erection is not contrary to law;

(b) bricklayers are to do own mixing on minor repairs;

(c) painters are to erect mobile scaffolding, such as trestles, ladders, slipheads or the like, provided its erection is not contrary to law and carry out cleaning up before and after painting work;

(d) carpenters are to erect mobile scaffolding, such as trestles, ladders, slipheads or the like, provided its erection is not contrary to law, assist storepersons and do minor labouring work such as cleaning up after jobs;

(e) plasters are to do mobile scaffolding, such as trestles, ladders, slipheads or the like, provided its erection is not contrary to law, assist loading and unloading trucks, and do own mixing on minor repairs;

(f) welders are to obtain stores where a co-worker is not readily available;

(g) plumbers are to assist labourers in shovelling and loading up of rubbish onto trucks and unloading at the garbage tip, clean up and shift own rubbish from job to tip;

(h) gardeners are to do labouring work incidental to gardening work, when necessary;

(i) fitters and/or turners in the mechanical engineering workshops are to do cleaning of equipment and their immediate work area;

(j) trades staff are to help load and unload trucks and do minor labouring work;

(k) Drivers and Mechanical Plant Operators are to carry out general labouring work when their plant is not being used, is not available or not required, or when they are not driving their lorries or operating their plant;

(l) Drivers driving plumbers will assist plumbers in their work;

(m) senior Parking Station Attendants are to also perform duties of Parking Station Attendants, for example operating cash registers during emergencies or in the absence of Parking Station Attendants for any reason;

(n) Labourers are to clean grease traps;

(o) trades staff are to assist storepersons and to do loading and unloading of trucks.

(iii) Work and work methods are to be reorganised in the following ways, to gain effective working time by reducing travelling time as follows:

(a) Work teams will start and finish their working hours at a depot or work site nominated by the Director of their department. A reasonable time will be allowed for travelling to and from work sites to enable employees to cease work at the normal finishing times.

(b) Trades staff and their support staff, if and when required by the Council, will start and finish their working hours at job sites or work locations determined by the Council, and

(c) Drivers and Mechanical Plant Operators, if and when required by the Council, will start and finish their working hours at locations determined by the Council.

(iv) The union(s) and employees concerned will cooperate in relation to the introduction of mechanisation or technological changes in the Council, depending on prior consultation. This is to enable advantage to be taken of new or improved technology so as to achieve efficiency gains, both monetary and otherwise, by enabling the most suitable plant and equipment to be used, and to facilitate the introduction of mechanisation or technological changes.

(v) Where the Council does not have specialised equipment or plant, or where purchase of such equipment could not be financially justified, or where work involves expertise beyond Council’s staff, or in special circumstances, contractors may be used to perform work concerned.

(vi) The unions agree that the following permanent exemptions shall apply in relation to all industrial action:

(a) Council may engage contractors to provide security services in relation to the Administrative Offices and Council Chambers complex, if Council deems it necessary for public safety and/or the protection of property;

(b) Emergency Services Officers are exempt from all industrial action;

(c) community services, including meals-on-wheels and other services to aged persons, the food cooperative service, the tenants’ support service, shall be exempt from all industrial action;

(d) watering and care of all horticultural material, including nursery stock, seedlings, specialised turf sporting areas and complexes shall be exempt;

(e) at the Administrative Offices and Council Chambers, the following shall be exempt from all industrial action;

(1) the staffing of the Administrative Offices’ vehicular entrances;

(2) the staffing of the Administrative Offices’ pedestrian entrances;

(3) the staffing of the Council Chambers’ main entrance;

(4) the work of the roving patrols of the Administrative Offices and Council Chambers;

(5) the Mayor’s Officer;

(6) Council’s Pest Controller and their plant and equipment;

(7) watching services required by law at Council’s depots shall be exempt from all industrial action.

(vii) The Council may reintroduce time clocks and/or attendance books for all personnel with no loss of privilege to current individual staff exempted at present.

(viii) The Council may rearrange lunch breaks to increase effective working time and reduce disruption to the workforce.

(ix) To achieve increases in effective working time, existing practices shall be altered so that;

(a) Morning/afternoon tea breaks are to be taken where the employee is working; and

(b) The maximum period of 10 minutes changing, showering and washing time, allowed as a concession to those employees whose normal duties necessitate that they have a shower or a wash before departing, shall not be exceeded.

(x) To shorten the waiting time for stores and materials, to obtain more effective use of working time and to facilitate faster completion of jobs, employees concerned will cooperate with management in the early planning of stores acquisitions and related matters.

(xi) Trades staff are to cooperate with management in improving, where feasible, the orderly and economical scheduling of work to be done by the various trades concerned in jobs where more than one trade is involved.

(xii) Employees will co-operate in the introduction of future improvements in working practices and procedure and improved and more efficient working methods where reasonable and will cooperate in reducing costs where practicable.

26. Tool Allowance

(i) Where Council requires a tradesperson such as a working Foreman and Team Leader to use tools as part of the performance of their duties the employee shall be paid a tool allowance.

(a) The rate per week for tool allowances is set out in Table 2 of Part B of the Award.

(b) The allowance paid shall be deemed to apply in respect to the full range of tools ordinarily used in the performance of the employee’s trades, occupation and duties.

(iii) The Council shall:

(a) Provide a suitable and secure weather proof lock-up for the purpose of storing employees’ tools on the job.

(b) Insure and keep insured against loss or damage by fire or theft while on Council’s premises, such tools of employees as are necessary and used during the course of their employment.

(iv) The employee shall, if requested to do so, provide the Council with a list of tools used. (v) The Council shall provide tools, other than those expected to be provided by a Tradesperson and for which the allowance is paid. Any argument about this matter is to be dealt with in accordance with the dispute procedure of the Award or referred to the Joint Consultative Committee for consideration.

27. Travelling Expenses

(i) All reasonable expenses, including out-of-pocket, accommodation and travelling expenses, incurred in connection with the employee’s duties shall be paid by the Council.

(ii) Where practical, payment of these expenses shall be made in advance of travelling or included in the employee’s next pay period.

(iii) Travelling arrangements or the method or mode of travelling shall be arranged mutually between Council and the employee.

28. Meal and Crib Breaks

(i) Unpaid Breaks: An unpaid break of a minimum of 30 minutes shall be given and taken within the first 5 hours of continuous work.

(ii) Paid Breaks:

(a) Overtime: An employee required to work overtime for 2 hours or more immediately after the agreed finishing time shall be granted a meal break not exceeding 20 minutes. Thereafter a further paid meal break of 20 minutes shall be taken each subsequent 4 hours worked.

(b) Shiftwork: An employee working shiftwork shall be granted a paid crib break of 30 minutes in each shift.

(iii) All meal and crib breaks shall be taken at the direction of the Council.

(iv) Meal and crib breaks shall not be regarded as an interruption to overtime.

(a) Except in cases of extreme emergency, an employee shall not be required to work continuously for more than 5 hours without a meal or crib break.

(b) Where this is required, an employee shall be paid at the rate of double ordinary rates for all ordinary time worked after the expiry of the 5-hour period. This payment will continue until the meal break is granted or until normal finishing time, whichever is earlier.

(c) Extension of Meal Break: Where there is prior agreement between the Council and the employee(s), the taking of meal breaks may be extended beyond 5 hours without the payment of overtime. Agreements reached in relation to the extension of meal breaks must be genuine.

29. Payment to Dependents of a Deceased Employee

(i) Where the service of an employee is terminated by death and the employee has an entitlement to payment for annual and/or long service leave, then the amount to which the employee would have been entitled shall be paid by the Council to:

(a) the spouse of the deceased employee, or where the deceased employee does not leave a spouse, to the natural or adopted children of the deceased employee, in equal shares; or

(b) the legal representative of the employee where the employee does not have a spouse or any natural or adopted children.

(ii) Where the children to whom payment is to be made under Clause (i)(a) have not reached the age of 18 years, the Council shall pay the whole or share of the amount involved to the legal representative of the deceased employee on behalf of the children.

(iii) Where payment has been made under the provisions of this Clause, no action may be brought against the Council for payment of any amount in respect of accrued annual and/or long service and/or sick leave.

30. Delegates Rights and Duties

(i) Dealing with grievances at the workplace level is an important form of interaction between managers/supervisors and union delegates. The parties agree that the following procedures shall be followed to ensure that issues taken up by delegates on behalf of union members do not interfere or disrupt workplace operations or efficiency.

(ii) Notification of Delegates: The union shall notify the Council in writing the name(s) of delegate(s) elected to represent their union.

(iii) Conducting Union Business

(a) Before attending union business or meetings arranged with Council management, delegates shall notify their supervisor prior to leaving and immediately upon their return to the workplace. Delegate(s) shall also advise their supervisor of the estimated time they will be absent from the workplace.

(b) Failure to follow the provision set out in (a) above may result in the delegate concerned not being paid for the period of absence away from the workplace.

(c) Supervisors will not unreasonably withhold permission for a delegate to carry out genuine union business on behalf of the members they represent.

(d) Delegates will also observe these procedures and recognise the need to balance their absence from the job on union business with the requirement for acceptable work performance.

(iv) It is the duty of union delegates in performing their functions to follow all requirements lawfully imposed by the Council.

(v) Annual Conference: Council will allow delegates, who are elected to attend the union’s annual conference, paid leave of absence for the duration of the conference, provided that where there is more than one accredited delegate per union, such leave with pay shall be at the discretion of the General Manager.

31. Termination of Employment

(i) An employee shall give to Council two weeks notice of their intention to terminate their employment. If no such notice is provided, Council shall be entitled to deduct pay equivalent to the required notice from any entitlements payable under this award.

(ii) The Council and an employee may agree to a shorter period of notice being given by the employee.

(iii) The Council shall give to an employee a period of notice of termination in accordance with the following table.

Employee's Period of Continuous Service Period of Notice Less than 2 years At least 2 weeks 2 years and less than 3 years At least 3 weeks

3 years and less than 5 years At least 4 weeks 5 years and beyond At least 5 weeks (iv) In any case where it has been established to the satisfaction of the General Manager, or a duly authorised representative, that an employee has been guilty of serious misconduct or breach of discipline, the General Manager may, subject to the provisions of Part 6, Chapter 2 of the New South Wales Industrial Relations Act 1996, dismiss without notice, suspend the employee for a period not exceeding one ordinary working week, defer payment of a wage increment and/or reduce the rate of the employee either permanently or for a specified period.

32. Workplace Change and Redundancy

(i) Council's Duty to Notify

(a) Where the Council has made a definite decision to introduce major workplace changes, such as restructuring or technology, that is likely to have a significant effect on its employees, Council shall notify the employees who may be affected and the union to which they belong.

(b) A 'significant effect' could include:

Termination of employment,

Major changes to the composition, operation, skill requirements or size of Council's workforce,

The elimination or diminution of job opportunities, promotion or job tenure,

The alteration of hours of work,

The need for retraining or transfer of employees to other work or locations, and

The restructuring of jobs.

(ii) Council's Duty to Discuss Change

(a) In addition to providing notification, Council will discuss the introduction of major workforce changes with affected staff and their union representatives, including the likely impact the changes may have on employees, and measures that may be implemented to avert or mitigate any adverse affects.

(b) Council shall commence discussions and provide all relevant information about the proposed changes as early as possible.

(iii) Discussion before Termination

(a) Where Council has made a definite decision that it no longer wishes the job being performed by an employee to be done by that individual or any other employee and, as a consequence of this decision, the individual's employment may be terminated, discussions will be held with that employee and their union representatives.

(b) The Council will also provide all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of staff likely to be affected and the number of employee normally employed by the Council, as well as the period over which the terminations are likely to be carried out.

(iv) Notice to Government Agencies

In the event of termination(s), the Council will provide the relevant government agencies, such as Centrelink and Employment National, with information regarding the redundancies as soon as possible. The information will include the number and categories of employees likely to be affected and the period over which the terminations will be carried out.

(v) Notice to Employee

(a) Council will provide five weeks notice to terminate, or payment in lieu of such notice, except in circumstances where a redundancy has arisen due to the introduction of new technology.

(b) Where an employee is to be terminated because of the introduction of new technology, the employee shall be entitled to three months notice of termination or payment in lieu of such notice.

(c) Notice or payment of notice under this subclause shall count as service for the purposes of calculating leave entitlements.

(vi) During a period of notice of termination given by Council, an employee shall be allowed up to one day off without loss of pay during each week of notice for the purpose of seeking other employment. Where required by Council the employee shall provide proof of attendance at an interview.

(vii) Redundancy Entitlements

(a) In addition to any required period of notice as provided in subclause (v) of this Clause, an employee shall be entitled to the following:

Year of Service Payment 0-1 year 2 weeks 1-2 years 6 weeks 2-3 years 10 weeks 3-4 years 14 weeks 4-5 years 16 weeks 5-6 years 18 weeks 6 years and beyond 20 weeks + 2 weeks for each additional year of service up to a maximum of 34 weeks

(b) In addition, an employee shall be entitled to any other benefits determined by Council policy, to apply in relation to redundancy arrangements.

(viii) Council shall, upon receipt of a request from an employee to show employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification or the type of work performed by the employee.

(ix) Council shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the relevant Government department or agency.

(x) Wherever practical and reasonable, voluntary redundancy remains Council's preferred option for managing staff who, firstly have been identified as surplus to needs as a result of workplace change and secondly, wish to leave South Sydney City Council.

(i) This Award shall apply to all persons employed by South Sydney City Council in positions for which a classification and rate of salary is prescribed.

(ii) This Award rescinds and replaces the South Sydney City Council Salaried Officers Award 1998 published on 2 July 1999 and award review published on 5 April 2002. (332 IG 625).

(iii) This Award shall operate from the commencement of the first full pay period on or after 24 July 2001 and shall remain in force until 23 July 2002.

(iv) The rates of pay in Table 1 - Wages, of Part B, Monetary Rates, provides for a 3.2 percent increase in rates of pay, applied at the entry level of grades, to operate from the first full pay period to commence on or after 24 July 2001.

(v) The rates of allowances in Table 2 also provides for a 3.2 percent increase in allowances to operate from the first full pay period to commence on or after 24 July 2001.

(vi) The increases in rates of pay provided for in this Award are based on a range of issues identified by the Award parties including productivity improvements, State Wage Case increases and Local Government reform to date.

34. Definitions

Afternoon Shift means ordinary daily working hours that finish after 8.00pm and at or before midnight, Monday to Friday inclusive, except a public holiday.

Clerical Positions means those positions whose duties are administrative and clerical in nature and have been classified within the Clerical Scale.

Dismissal means termination of the services of an employee for reasons of serious misconduct.

Employee means a person appointed to a classification prescribed by this Award.

Employer means the South Sydney City Council and includes the General Manager or any person authorised to act on the Council’s behalf.

Holiday Shift means the ordinary daily working hours of a shift worker, the major portion of which fall on a public holiday.

Hourly Rates shall be calculated by dividing the appropriate weekly wages by the ordinary weekly hours.

Morning Shift means ordinary daily working hours that commence after 4am and before 5.30am, Monday to Friday inclusive, except a public holiday.

Night Shift means ordinary daily working hours that finish subsequent to midnight and at or before 8.00am, Monday to Friday inclusive, except a public holiday.

Ordinary Rate means the weekly rate of wages prescribed for a classification in this Award.

Resignation means voluntary termination of employment by the employee in accordance with this Award.

Retirement Ill Health means termination of employment on account of ill health as certified by an appropriate medical authority.

Salaried Division means that division of the service consisting of employees appointed to classifications prescribed by this Award.

Saturday Shift means ordinary daily working hours the major proportion of which fall between midnight Friday and midnight Saturday.

Shift Work means work performed during ordinary working hours in continuous morning, afternoon or night shifts, in rotating shifts or in rostered shifts that include a Saturday or Sunday. An employee engaged upon such work shall be deemed to be a shift worker.

Sunday Shift means ordinary daily working hours the major proportion of which falls between midnight Saturday and midnight Sunday.

Union means an organisation of employees registered under the New South Wales Industrial Relations Act 1996.

PART B

MONETARY RATES

Table 1 - Rates of Pay

Pay Rates to operate from the first full pay period to commence on or after 24 July 2001 Grade Entry Step 1 Step 2 Step 3 Trainee Grade 1 367.00 Trainee Grade 2 422.30 Trainee Grade 3 481.90 Trainee Grade 4 542.80 1 554.40 2 578.50 3 615.30 4 634.80 5 652.00 674.80 698.40 719.40 6 669.30 692.70 716.90 738.40 7 692.10 716.30 741.40 763.60 8 721.10 746.30 772.40 795.60 9 767.00 786.20 805.90 826.00 10 813.00 833.30 854.10 875.50 11 881.90 903.90 926.50 949.70 12 956.70 980.60 1005.10 1030.20 13 1032.20 1058.00 1084.50 1111.60

Grade On Appointment Performance Pay in accordance with Clause 5 (iii) of this award 14 1140.90 1169.40 15 1223.70 1254.30 16 1306.70 1339.40 17 1421.30 1456.80 18 1542.50 1581.10

Table 2 - Tool Allowance

Tool Allowances to operate from the first full pay period to commence on or after 24 July 2001 Classification First Pay Period Commencing 2001 Bricklayer 15.10 Carpenter and Plumber 20.30 Metal and Mechanical Trades 20.30 Painter and Signwriter 6.20 Plasterer 17.30 Electrician 13.50 Stonemason 20.30

J. P. GRAYSON D.P.

______

(734) SERIAL C1090 TEACHERS (KU CHILDREN'S SERVICES) (STATE) AWARD

Application by New South Wales Independent Education Union, industrial organisation of employees.

(No. IRC 858 of 2002)

Before The Honourable Justice Schmidt 21 February 2002

PART A

Arrangement

PART A

1. Title 2. Definitions 3. Salaries and Allowances 4. Payment of Salaries 5. Overpayments 6. Travelling Expenses 7. Late Fee Allowance 8. Shift Work - Long Day Care Centres 9. Public Holidays for Long Day Care Centres 10. Annual Leave 11. Payment of Termination and Adjustment of Salary for Teachers Who Commence Employment after the Pre School Service Date and for Teachers Who Take Approved Leave Without Pay - Pre School Centres 12. Annual Holiday Loading 13. Hours of Work - Long Day Care Centres 14. Job Share 15. Sick Leave 15A. State Personal/Carer’s Leave Case - August 1996 16. Duties of Employees 17. Non Contact Time 18. Crib Breaks 19. First-Aid Certificate 20. Bereavement Leave 21. Parental Leave 22. Examination and Study Leave 23. Long Service Leave 24. Union Representatives 25. Terms of Engagement and Information to be provided to Teachers 26. Redundancy 27. Superannuation 28. Anti-Discrimination 29. Disputes Avoidance and Grievance Procedures 30. Area, Incidence and Duration PART B

MONETARY RATES

Table 1 - Rates of Pay - Pre School Centres Table 2 - Rates of Pay - Long Day Care Centres

Table 3 - Directors’ Allowances - Pre Schools Table 4 - Directors’ Allowances - Long Day Care Centres Table 5 - Teacher in Charge Allowances - Pre Schools Table 6 - Teacher in Charge Allowances - Long Day Care Centres Table 7 - Other Rates and Allowances

PART C

REDUNDANCY

ATTACHMENT A

PART A

1. Title

This award shall be known as the Teachers (KU Children’s Services) (State) Award

2. Definitions

(a) "Pre-School Centre" hereinafter referred to as "Centre", means any Early Childhood Service Centre, conducted by the employer on a full day and/or sessional care basis licensed by the Department of Community Services, which provides child care and/or educational development programmes and/or Centres for children under school age for up to 204 days per year.

(b) "Long Day Care Centre" hereinafter referred to as "Centre" means an Early Childhood Services Centre licensed by the Department of Community Services, conducted by an Employer, which provides child care and/or educational development programmes and/or Centres for children under school age, over a period of eight hours or more a day and for not less than 48 weeks per annum.

(c) "Director" means a person appointed as such by the employer and who is an "early childhood teacher", as defined, who is responsible to the employer for the direct supervision of other employees and/or the management of a Centre or Centres.

(d) "Early Childhood Teacher" means a person in a Centre, who is classified as either a Four Year Trained Teacher or a Three Year Trained Teacher, provided that all teachers employed shall be so classified.

(i) "Four Year Trained Teacher" means:

(1) a person who holds a graduate degree specialising in Early Childhood Education by satisfactorily completing a four year full-time (or part-time equivalent) teacher training degree course at a recognised university, as defined, or a recognised teacher training institution, as defined; or

(2) a person who holds a specialist qualification in Early Childhood Education by satisfactorily completing a three year full-time (or part-time equivalent) teacher training specialist Early Childhood course at a recognised university as defined, or a recognised teacher training institution, as defined, and who in addition has satisfactorily competed a graduate diploma at Category PG1 (19.1) Level, as defined; or graduate diploma in early childhood education from a recognised university; or who has satisfactorily completed at least one year’s full time study in early childhood education by course work of a 2 year Master's degree program at a recognised university; or

(3) a person who has acquired equivalent qualifications, as defined; or

(4) a person who was employed by an employer as a Four Year Trained Teacher at the date of commencement of this award.

(ii) "Three Year Trained Teacher" means:

(1) a person who holds a specialist qualification in Early Childhood Education by satisfactorily completing a three year full-time (or part-time equivalent) teacher training course at a recognised teacher training institution, as defined; or

(2) a person who holds a qualification in Early Childhood Education by satisfactorily completing a two year full-time (or part-time equivalent) teacher training course and who, in addition, has satisfactorily completed the Category UG2 level, as defined, leading to the award in Early Childhood Education; or

(3) a person who holds a degree from a recognised university, as defined, or a recognised teacher training institution, as defined, and who, in addition, has satisfactorily completed a graduate diploma in Early Childhood Studies at Category PGl (19.1) Level, as defined; or

(4) a person who has acquired equivalent qualification, as defined; or

(5) a person who was employed by an employer as a Three Year Trained Teacher as at the date of commencement of this award.

(e) "Full-time Teacher" means any early childhood teacher engaged as such who is not a part-time or casual teacher.

(f) "Part-time Teacher" means an early childhood teacher who is engaged to work regularly and not more than 0.8 of the normal hours which a full-time teacher at the Centre is required to work, provided that a part-time teacher may work up to 0.9 of the normal hours of a full-time teacher if the teacher is entitled to a preparation session equivalent to 0.1 of a teacher's normal hours. Provided further that a part-time teacher employed as at 31 January 1990 shall not be required by that employer to work in excess of 0.8 of the normal hours of a full-time teacher.

(g) "Casual Teacher" means an early childhood teacher engaged as required by the employer for up to 20 working days in any one period of employment. Provided that the period may be extended as required by the employer if the employer has been notified that the permanent teacher will be absent beyond the 20-day period.

(h) "Temporary Teacher" means an early childhood teacher, including teachers of children with special needs, engaged as a full-time or part-time employee for a specified period, which is not more than a full year, but not less than 20 days. Provided that:

(i) A teacher may be employed for a specific period in excess of a full year, but not more than two full years where such a teacher is replacing a teacher who is on leave for a specified period in excess of a full year.

(ii) Teachers of children with special needs may be engaged with the clear understanding that their days, hours of work and location/Centre may change within this period and two weeks' notice shall be given of any such changes.

(iii) Teachers of children with special needs may be contracted from year to year in accordance with the funding provisions. (i) "Recognised Teacher Training Institution" means an Australian Teachers College or Australian Institute of Education recognised by the Tertiary Education Commission, or its replacement.

(j) "Recognised University" means an Australian university, which is recognised by the Tertiary Education Commission, or its replacement.

(k) "Category UG2 Level" means a course of study leading to a Category UG2 Diploma Award specialising in Early Childhood as described in Statement No. 1, Nomenclature and Guidelines for Awards in Advanced Education, August 1972 (as amended), issued by the Australian Council on Awards in

Advanced Education and recognised by the said Council for inclusion in the National Register of Awards in Advanced Education.

(l) "Category PGl (19.1) Level" means a course of study leading to a Category PGl Graduate Diploma specialising in Early Childhood Studies (at the 19.1 level) as described in Statement No. 1, Nomenclature and Guidelines for Awards in Advanced Education, August 1972 (as amended), issued by the Australian Council on Awards in Advanced Education, and recognised by the said Council for inclusion in the National Register of Awards in Advanced Education.

(m) "Employee" means (except in paragraph (ii) of subclause (f) of clause 3, Salaries and Allowances) an Early Childhood Teacher or a Director.

(n) "Employer" means KU Children’s Services.

(o) "Equivalent Qualification" means a qualification obtained from a university or other tertiary educational institution outside Australia, comparable to any of the qualifications referred to in the definitions of Four Year Trained Teacher or Three Year Trained Teacher and accepted as an equivalent qualification by the National Office of Overseas Skills Recognition.

(p) "Shift" means a daily period of work in a long day care centre or centres and shall be one of the following:

(i) "Afternoon shift" means any shift finishing after 7.00 pm and at or before midnight, provided that for teachers employed as of or before 16 May 1997 "afternoon shift" means any shift finishing after 6.30 pm and at or before midnight.

(ii) "Night shift" means any shift finishing after midnight and at or before 8.00 am or any shift commencing at or after midnight and before 5.00 am.

(iii) "Early morning shift" means any shift commencing at or after 5.00 am and before 6.00 am.

(iv) "Night shift, non-rotating" means any shift system in which night shifts are worked which do not rotate or alternate with another shift so as to give the teacher at least one third of their working time off night shift in each roster system.

(q) "Union" means the New South Wales Independent Education Union.

(r) "Unit" means group of children which, in emergency situations, shall not exceed 27 children for periods of time but which otherwise shall not exceed 25 children, but which need not necessarily consist of the same children at all times.

(s) "Teacher in Charge" means a teacher appointed as such by the employer where the director is employed on a part time basis, who is an "Early Childhood teacher", as defined, who is responsible to the Director for the management of a Centre that operates 5 days per week on the days when the Director is not in attendance.

3. Salaries and Allowances

(a) The minimum annual rate of salary payable to full-time teachers and teacher directors in KU Pre-School Centres shall be as set out in Table 1 - Rates of Pay - Pre-school Centres, of Part B, Monetary Rates.

(b) The minimum annual rate of salary payable to full-time teachers and teacher directors in KU Long Day Care Centres shall be as set out in Table 2 - Rates of Pay - Long Day Care Centres, of Part B, Monetary Rates

Provided that:

(i) A Three Year Trained Teacher shall commence on Step 1 of the scale and progress according to normal years of full-time service as a teacher in early childhood education services for children aged up to eight years, whether conducted by the employer or not, to Step 11 of the scale.

(ii) A Four Year Trained Teacher shall commence on Step 1 of the scale and progress, according to normal years of full-time service, or its part-time equivalent, as a teacher in early childhood education services for children aged up to 8 years, whether conducted by the employer or not, to Step 9 of the scale.

(c) Part-Time and Temporary Teachers

(i) A part-time employee, including a temporary part-time employee, shall be paid at the same rate as a full-time employee with the corresponding classification, but in that proportion which the employee's normal attendance hours at the Centre bear to the hours, which a full-time employee at a Centre is normally required to attend.

(ii) The days of attendance of a part-time teacher may be varied at the commencement of each calendar year or by mutual agreement between the employer and the employee, term by term, with four weeks’ notice. The normal hours for the purpose of this sub-clause shall not be varied without agreement.

(iii) A temporary full-time employee shall be paid at the same rate as that prescribed for a full-time employee with the corresponding classification.

(d) Calculation of Service

(i) For the purpose of this clause, any employee if required by the employer so to do shall, upon engagement, establish to the satisfaction of the employer the length of their teaching service in any Centre or in early childhood education services for children up to eight years of age, or in the Infants Department of a recognised school or within the Infants Department of Schools registered or certified under the appropriate legislation in other States or Territories of the Commonwealth of Australia, and that period so established shall be taken to be the length of such service for the purpose of that employment.

(ii) For the purpose of this clause, a period of service other than service within paragraph (i) of this subclause shall be counted as service in accordance with the following principles:

(1) A period of service as a lecturer in early childhood education or child development, as a child development officer, or as a Family Day Care Co-ordinator or equivalent shall be recognised as service.

(2) A period of service as a carer in the child care industry, including service as a Family Day Care carer, a Child Care Certificate worker or equivalent, and a period of time during which the employee is wholly engaged in child rearing, shall be recognised as service at the rate of one increment for each complete three years so engaged, to a maximum of four increments. Provided that, during the time of child-rearing, the teacher was a qualified early childhood teacher. (iii) For the purpose of calculating service:

(1) Any employment as a full-time employee (including employment as a temporary full-time employee) as referred to in paragraphs (i) and (ii) of this subclause, shall be counted as service.

(2) The amount of service of a part-time employee (including a temporary part-time employee) shall be calculated by reference to the ratio which the number of hours attendance at the Centre by the employee in any year bears to the number of hours attendance at the Centre by a full-time employee at the Centre in the same year, provided that a period of part-time service within paragraph (ii) of this subclause shall count as

service in the proportion that the part-time employment bears to full-time employment in that occupation.

(3) Casual employees shall be entitled to normal incremental progression for each 1,600 hours of service or its equivalent in early childhood education services; provided that only service performed in the preceding four years shall be included in determining incremental progression.

(4) For the purpose of calculating service in this subclause, periods of part-time, temporary or casual service shall be aggregated to determine years of full time service.

(e) Re-Classification

(i) Where an employee, paid as a Three Year Trained Teacher, as defined in Clause 2, Definitions, completes a course of training as set out in the definition of "Four Year Trained Teacher" of the said clause 2, the teacher shall be transferred to the salary step on the higher salary scale, which shall be determined by the teacher's year of service on the scale.

(ii) When an employee is transferred to a higher salary scale in accordance with paragraph (i) of this subclause, the date of transfer shall be deemed to the be the date of completion of formal course requirements, provided that the employee advises the employer of the date of such completion within one month of that date, otherwise the date of transfer shall be deemed to be one month prior to the date on which such advice was furnished by the employee to the employer.

(f) Directors’ Allowance

(i) Pre-School Centres

Teachers appointed as Directors in KU Pre-School Centres shall be paid, in addition to the amounts payable pursuant to subclause (a) of this clause, an allowance in accordance with Table 3 - Directors’ Allowances - Pre-schools, of Part B, Monetary Rates.

(ii) Long Day Care Centres

Teachers appointed as Directors of KU Long Day Care shall be paid an amount payable pursuant to subclause (b) of this clause. A director who directly supervises shall be paid an amount as set out in Table 4 - Directors’ Allowances - Long Day Care Centres, of the said Part B, by way of a fixed loading. Provided that directly supervised employees means all employees in a Centre, for the performance of whose duties the Director is responsible.

For the purposes of determining the number of employees directly supervised, each employee who works for 19 hours or more per week in the Centre shall be counted as one employee, and the hours worked by each employee whose hours of work are less than 19 hours per week, as at 1 February and 1 August in each year, shall be aggregated and divided by 38 to determine the full time equivalent.

(iii) An employee required by the employer to act as a Director for a period of more then three consecutive days shall be paid the appropriate allowances prescribed by subclauses (a) or (b) of this clause for such period. Provided that a teacher shall not be required to carry out such duties in an acting capacity for more than a full year, except that a teacher may be required to carry out such duties for up to two full years where such a teacher is replacing a Director who is on leave for a specified period in excess of a full year.

(g) Teacher in Charge - A teacher appointed as Teacher in Charge shall be paid in addition to the amounts payable pursuant to subclause (a) of this clause, an allowance in accordance with Table 5 - Teacher in Charge, for teachers in Pre Schools with Table 6 - Teachers in Charge for teachers in Long Day Care Centres, of Part B - Monetary Rates.

(h) Casual Teachers

(i) Pre-School Centres

The salary payable to a casual employee shall be the appropriate rate prescribed by subclause (a) of this clause in accordance with years of full-time service, divided by 204 in the case of a daily rate and further divided by 7.5 to get an hourly rate, provided that the maximum rate payable shall be as follows:

Three Year Trained Fourth Step Four Year Trained Fourth Step

The said rate includes a pro-rata payment in respect of annual holidays to which the employee is entitled in accordance with the Annual Holidays Act, 1944.

(ii) Long Day Care Centres

A casual employee shall be paid a 20 per cent loading in addition to the appropriate rate for their classification, up to a maximum of the fourth step of the appropriate scale. The rate shall be calculated by dividing the annual rate by 26.07 to obtain a fortnightly rate and the result by ten to obtain a daily rate and then by 7.6 to obtain an hourly rate.

A casual employee is entitled to an additional payment of 1/12 of their salary in accordance with the Annual Holidays Act 1944.

(iii) Provided that the minimum start for any casual employee shall be two hours for any day or shift and that time worked thereafter shall be rounded to the nearest half hour.

(iv) Provided that casual employees who are engaged for more than six hours per day and up to 7.6 hours in long day care centres and 7.5 hours in pre-schools, shall be paid the full daily rate.

4. Payment of Salary

(a) The salary payable to any employee (other than a casual employee) pursuant to this clause shall be payable fortnightly, including during annual leave payments.

(b) Provided that, if the employee requests, the annual leave payment shall be paid in a lump sum in the final pay before the taking of annual leave.

(c) Each year the employer will request employees to advise them in writing two months before any annual close down if they require their annual leave to be paid in a lump sum.

(d) Provided that the fortnightly salary shall be calculated by dividing the annual salary by 26.07, rounded to the nearest dollar.

(e) KU Children’s Services and the Independent Education Union have agreed to discuss the introduction of salary packaging for employees and if agreement can be reached both parties have agreed to vary the award to allow salary packaging.

5. Overpayments

Where excess payments are made in circumstances which were not apparent or could not reasonably have been expected to be detected by the teacher, the relevant parties shall seek agreement on the matter of the overpayment including, when necessary and appropriate, discussion between the New South Wales Independent Education Union and KU Children’s Services.

6. Travelling Expenses

(a) Where an employee is required to use their vehicle in connection with the employee's employment other than for journeys between home and place of employment, the employee shall be paid an allowance as set out in Item 1 of Table 7 - Other Rates and Allowances, of Part B, Monetary Rates, for such travel.

(b) Travelling and other out of pocket expenses reasonably incurred by an employee in the course of duties required and approved by the employer, shall be reimbursed by the employer.

7. Late Fee Allowance

As of 1 January 1997, employees who are required to stay at the centre after their normal finishing time due to children not being collected, will receive an allowance as set out in Item 2 of Table 7 - Other Rates and Allowances of Part B, Monetary Rates, for each half hour or part thereof that the teacher is required to remain at the centre.

8. Shift Work - Long Day Care Centres

(a) For the purposes only of calculating the loadings provided for in this clause:

(i) a fortnightly rate of pay shall be obtained by dividing the employee's annual salary by 26.07;

(ii) a daily rate of pay shall be obtained by dividing the fortnightly rate, as provided for in paragraph (i) of this subclause, by 10;

(iii) the rate of pay for a casual teacher shall be first calculated in accordance with paragraph (ii) of subclause (g) of clause 3, Salaries and Allowances.

(b) In addition to the weekly or daily rate of salary provided for in the said clause 3, a loading shall be payable to an employee required to perform shift work as follows:

(i) early morning shift - 10 per cent;

(ii) afternoon shift - 15 pre cent - refer to paragraph (i) of subclause (p) of clause 2, Definitions;

(iii) night shift, rotating with day or afternoon shift - 17.5 per cent;

(iv) night shift, non-rotating - 30 per cent.

(c) Where an employee is required to work on Saturday, Sunday or holiday, the teacher shall be paid for each such day or shift worked on the following basis:

(i) Saturday - at one and one half times the daily rate of pay as calculated in subclause (a) of this clause.

(ii) Sunday - at double the daily rate of pay as calculated in subclause (a) of this clause.

(iii) Holidays - at two and one half times the daily rate of pay as calculated in subclause (a) of this clause.

The payments prescribed by this subclause shall be in substitution for and not cumulative upon the shift loading prescribed in subclause (b) of this clause.

9. Public Holidays for Long Day Care Centres

(a) The following days shall be holidays for the purposes of this award: New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day. One further day, the date of which shall be agreed upon between the employer and the employee, and all days proclaimed as public holidays for the State shall be holidays, provided that any day proclaimed as a holiday for the State for a special purpose but observed throughout the State on different days also shall be a holiday.

(i) Where an employee is required to work on a holiday, the teacher shall be paid, in addition to the employee's ordinary rate of pay, at the rate of one and a half times for the time so worked.

(ii) An employee absent without leave on the day before or the day after any award holiday shall be liable to forfeit wages for the day of absence as well as for the holiday, except where the employer is satisfied that the employee's absence was caused through illness in which case wages shall not be forfeited for the holiday, provided that an employee absent on one day only either before or after a group of holidays shall forfeit wages for one holiday only as well as for the period of absence.

10. Annual Leave

(a) An employee, on completion of 12 months' continuous service, shall be entitled to a minimum of four weeks leave of absence on full pay.

(b) See Annual Holidays Act 1944.

11. Payment on Termination and Adjustment of Salary for Teachers Who Commence Employment After the Pre-School Service Date and for Teachers Who Take Approved Leave Without Pay - Pre-School Centres.

(a) This clause will apply:

(i) in lieu of the corresponding provisions of the Annual Holidays Act 1944; and

(ii) notwithstanding any other provisions in this award.

(b) The provisions of this clause shall apply where:

(i) a teacher's employment ceases;

(ii) a teacher commences employment after the pre-school service date; or

(iii) where a teacher takes approved leave without pay;

and payments shall be made to such teachers by application of the formula prescribed by subclause (c) of this clause and, if relevant, by the application of the provisions of subclauses (e) and (f) of this clause in combination.

(c) Calculation of Payments

(i) Payments made pursuant to this clause shall be calculated in accordance with the following formula:

P = s x c - d b

Where:

P - is the payment due;

s - is the total salary paid in respect of term weeks, or part thereof, since the anniversary of employment (or date of employment in circumstances where a teacher has been employed by the pre-school for less than one year);

b - is the number of term weeks, or part thereof, in the year;

c - is the number of non-term weeks, or part thereof, in the year;

d - is the salary paid in respect of non-term weeks, or part thereof, that have occurred since the anniversary of employment (or date of employment in circumstances where a teacher has been employed by the pre-school for less than one year).

(ii) For the purpose of this clause:

(1) "Pre-School Service Date" means the usual commencement date of employment at a pre- school for teachers who are to commence teaching on the first day of the first term.

(2) "Teacher" means any teacher other than a casual teacher.

(d) Termination of Employment

A teacher shall be entitled, on termination of employment, to a payment calculated in accordance with this clause.

(e) Teachers Who Commence Employment After the Pre-School Service Date

Where a teacher commences employment after the Pre-School Service Date in any pre-school year and such employment is to continue into the next pre-school year:

(i) the teacher shall be paid at the conclusion of Term IV in the first calendar year of employment in accordance with this clause;

(ii) the anniversary of employment for the purposes of the calculation of payments under this clause shall in each succeeding year of employment be the Pre-School Service Date;

(iii) any period for which the teacher has not been paid by the operation of subclause (d) of this clause shall be deemed to be leave without pay, and no salary or other payment other than payment under this clause shall be made.

(f) Teachers Who Take Approved Leave Without Pay

Where a teacher takes leave without pay with the approval of his or her employer for a period which (in total) exceeds 20 pupil days in any year, the teacher shall be paid the salary calculated in accordance with this clause, as follows:

(i) If the leave without pay commences and concludes in the same pre-school year: (1) subject to paragraph (ii) of this subclause, the payment shall be calculated and made at the conclusion of Term IV of that pre-school year; and

(2) if the leave without pay commences on the day following the last teaching day of a term and concludes on the day preceding the first teaching day of a term in the same year, a payment shall be calculated and made:

(A) at the commencement of the leave in respect of that year; and

(B) at the end of Term IV in accordance with paragraph (iii) hereof.

(ii) If the leave without pay is to conclude in a pre-school year following the pre-school year in which the leave commenced:

(1) at the commencement of the leave, a payment shall be calculated and made in respect of the pre-school year in which the leave commences; and

(2) at the end of Term IV in the pre-school year in which the leave concludes, a payment shall be calculated and made in respect of that pre-school year.

(iii) The payment to be made to a teacher at the conclusion of Term IV of a pre-school year:

(1) pursuant to section (B) of subparagraph (2) of paragraph (i) of this subclause; or

(2) in circumstances where, with the agreement of the Employer, a teacher who has been paid pursuant to subparagraph (1) of paragraph (ii) of this subclause returns from leave during the pre-school year in which the leave commenced, shall be determined by:

(A) applying the formula in subclause (c) of this clause as if no payment had been made to the teacher pursuant to section (A) of subparagraph (2) of paragraph (i) of this subclause or subparagraph (1) of paragraph (ii) of this subclause; and

(B) deducting from that amount the amount paid to the teacher pursuant to section (A) of subparagraph (2) of paragraph (i) of this subclause or subparagraph (1) of paragraph (ii) of this subclause.

(iv) Notwithstanding the provisions of paragraph (i) of subclause (a) of this clause, a teacher shall not, pursuant to this clause, be paid an amount in respect of a year of employment which is less than the amount to which the teacher would otherwise be entitled under the provisions of the Annual Holidays Act, 1944, in respect of a year of employment.

12. Annual Holiday Loading

(a) Pre-School Centres

(i) Subject to paragraph (vi) of this subclause, where an employee other than a casual employee is given and takes their annual holiday, the teacher shall be paid an annual holiday loading calculated in accordance with this clause.

(ii) The loading shall be payable in addition to the pay payable to the employee for the period of the annual holiday.

(iii) The loading shall be calculated in relation to such period of an employee's annual holiday as is equal to the period of annual holiday to which the employee is entitled for the time being under the Annual Holidays Act 1944, namely, four weeks at the end of each year of the employee's employment or where relevant, the period of annual leave calculated under subclause (vi) of this subclause.

(iv) The loading shall be the amount payable for the period of four weeks annual holiday at the rate of 17.5 per cent of the weekly equivalent of the employee's annual salary.

(v) For the purpose of this clause, "salary" shall mean the salary payable to the employee at the time the loading is payable together with, where applicable, the allowances prescribed by paragraph (i) of subclause (f) and (g) of clause 3, Salaries and Allowances, but not including any other allowances or amount otherwise payable in addition to salary. Provided that where subclause (vi) of this subclause applies, "salary" shall mean the salary (together with allowances payable as aforesaid) payable immediately prior to the payment made to the teacher pursuant to clause 11, Payment on Termination and Adjustment of Salary for Teachers Who Commence Employment After the Pre-School Service Date and for Teachers who take Approved Leave Without Pay - Pre-School Centres.

(vi) Where a teacher receives a payment pursuant to the said clause 11, including the case where a teacher's employment is terminated during the Pre-School year for a reason other than misconduct, the teacher shall be entitled to be paid for that part of such fraction of the annual holiday loading they would be entitled to for the full pre-school year as is equal to the fraction

which the number of Pre-School weeks worked by the teacher in that year bears to the number of weeks the teacher would be normally required by the employer to work in a full pre-school year.

(b) Long Day Care Centres

(i) A 17.5 per cent loading shall be payable on four weeks’ annual holiday when the annual holiday is taken after falling due.

(ii) In the case of an employee who is given and takes an annual holiday and who would have worked as a shift worker if the teacher had not been on holiday, then the amount of loading shall be the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday if the loading calculated in accordance with this subclause exceeds 17.5 per cent, then that amount shall be paid to the employee in lieu of the 17.5 per cent loading.

(iii) The provisions of this clause shall not apply to casual employees.

13. Hours of Work - Long Day Care Centres

The ordinary working hours, inclusive of crib breaks taken at the Centre, shall not exceed an average of thirty eight (38) per week between the hours of 6.00am to 7.00pm Monday to Friday to be worked by one of the following methods:

(a) The teacher working in shifts of not more then (8) hours duration

(i) A Teacher Shall Accrue One (1) Rostered Day Off For Each Twenty (20) Days Of Service.

(ii) Each day of paid leave taken pursuant to this award including each public holiday and the annual holiday (but not including long service leave) shall be regarded as a day worked for accrual purposes.

(iii) Notwithstanding the provisions of paragraph (i) of this subclause a teacher shall be entitled to no more than twelve paid rostered days off in any twelve months of consecutive employment.

(iv) An employee shall accrue one (1) paid rostered day off (RDO) in each 20-day 4-week work cycle to a maximum of 0.4 of one hour for 8 hours duty on each day of attendance. There shall be a maximum of 12 RDOs in any 12 consecutive months of employment.

A teacher shall be entitled to be paid on termination of employment for rostered days off which have been accumulated but not taken or entitlements pursuant to this paragraph at the rate of pay on the date of termination.

(v) A teacher shall not be entitled to sick leave in respect of illness whilst on a rostered day off. In the event of a rostered day off falling on a public holiday, the teacher and employer shall agree on an alternative day off as a substitute.

(b) By the teacher working in shifts of more than eight ordinary hour one or more days during the work cycle

(i) by the teacher(s) working three 10 hour shifts and one 8 hour shift per week; or

(ii) by the teacher(s) working four 9.5 hour shifts per week; or

(iii) any other shift arrangement whereby an employee works no more than 10 hours per day or 38 hours per week.

If the teacher works a shift longer then eight (8) hours the employee shall receive an additional paid crib break of 10 minutes, which shall be taken at a time convenient to the employer.

(c) Method of Implementation

The method of implementation of the 38-hour week shall be one of the following, as agreed between the teacher and the employer:

(i) 19-day month: the teacher may fix one workday off in each four-week cycle as a rostered day off to the extent of rostered days off accrued pursuant to subclause (ii) of this clause.

(ii) Accumulation: the teacher may accrue sufficient rostered days off to enable such days to be taken as a block of no more than 12 days at any one time in any 12 months of consecutive employment.

(iii) By teachers working more than 8 hours on 1 or more days of the work cycle.

The employer shall make the final determination of the method of implementing the 38 hour week.

(d) Rostering

(i) A teacher shall be advised by the employer at least 4 weeks in advance of the day or days on which the teacher is to be rostered off duty.

(ii) An individual teacher may, with the agreement of the employer, substitute the day the teacher is rostered off duty for another day.

(e) Part-time, Casual and Temporary Teachers

(i) Part-time Teachers: A part-time teacher shall, according to the period of engagement be entitled to either:

(1) be paid an additional loading of five per cent pursuant to this clause in lieu of an entitlement to rostered days off; or

(2) if a part-time teacher who works over 5 days of a week they may elect not to be paid an additional 5 per cent loading in (a) and accumulate rostered days off in accordance with sub clause (b) of this clause.

(ii) Casual Teachers: A casual teacher shall be entitled to be paid an additional loading of five per cent pursuant to this clause in lieu of entitlement to rostered days off.

(iii) Temporary teachers: A full time or part time temporary teacher shall, by agreement with the employer and according to the period of engagement of the teacher, shall be entitled to either; be paid an additional loading of five per cent pursuant to this clause in lieu of an entitlement to rostered days off, or accumulate rostered days off in accordance with subclause (b) of this clause provided that a temporary part time teacher the provisions of sub clause e (i) shall apply.

14. Job Share

(a) Job share is a five-day full time position, which is shared by two teachers, working a predetermined number of full days each per week.

(b) Job share will be available to teachers in long day care and pre-school services

(c) Procedures for implementing job share:

(i) Teachers interested in job share may put forward a proposal in writing to the director of the service and provide a copy to the consultant. This proposal should include the following:

(1) reasons;

(2) benefits to the Centre in accordance with KU policy guidelines;

(3) strategies for the management of job share; nominated days of work.

(ii) The consultant, the director and the prospective job share teacher will then meet to discuss the following issues:

(1) advantages/disadvantages of proposal.;

(2) strategies for communication between job share teachers;

(3) strategies for communication with other staff members;

(4) attendance at parent meetings and preparation of written reports;

(5) attendance at staff meetings, regional meetings, inservice courses and other out of hours meetings or functions;

(6) curriculum and programming issues.

The parties note that attendance at meetings on days that a job share teacher is normally not expected to attend is at the discretion of the teacher.

(iii) If there is an in principle agreement between the above parties, the written proposal will be forwarded to the relevant Manager of Children’s Services with a recommendation from the consultant.

(iv) The relevant Manager of Children’s Services will review the proposal and, if the proposal is approved, will forward it to the Human Resource Manager who will confirm in writing approval of the proposal.

(v) If job share is approved, the second position is advertised, and both positions will become permanent part time.

(vi) Following the appointment of the second job share teacher, the issues identified in paragraph (ii) will be discussed at a full staff meeting, with the consultant present.

(vii) In the event that the job share proposal is not approved, the staff member concerned has the right to appeal and negotiations could take place in accordance with clause No.29 - Disputes Avoidance and Grievance Procedures.

(d) KU, as the employer, reserves the right to:

(i) View each situation on an individual basis and within the stated guidelines.

(ii) Nominate, if necessary, a number of staff or an overall percentage of teachers in KU’s workforce who are able to job share.

(iii) Determine the number of job share positions in each centre.

(i) Absences that occur due to approved leave, including sick leave, by one of the two-job share teachers will be offered in the first instance to the other person. The teacher cannot be directed to work such absences.

(ii) Payment for such vacancies will be according to clause 3, Salaries and Allowances.

(f) Resignations

In the event that the position of one job share teacher at a particular centre becomes vacant, the following procedure will occur:

(i) The remaining part-time teacher may be offered the option of a full time position.

(ii) Another permanent staff member, including part-time teachers, may transfer to the job share position.

(iii) If neither of the above occurs, then the part-time position will be advertised according to KU policy.

15. Sick Leave

(a) Any full-time, temporary or part-time teacher shall be entitled to 15 days paid sick leave in respect of any absence on account of illness or injury for each year of service.

(b) Sick leave entitlement for a part-time teacher employed in a pre-school shall be in that proportion which the teacher's number of hours of attendance in a full pre-school week bears to the number of hours which a full-time teacher at the centre is normally required to attend.

(c) Sick leave entitlement for a part-time teacher employed in a long day care centre shall be in that proportion which the teacher's working hours bears to the number of working hours which a full-time teacher at that Centre is normally required to work.

(d) A temporary teacher's sick leave entitlement shall be in that proportion of 15 days, which their appointment bears to the proportion of the year that they work.

(e) A teacher shall not be entitled to sick leave for any period in respect of which the teacher is entitled to workers compensation.

(f) A teacher shall not be entitled to paid sick leave unless they notify the employer or such other person deputised by the employer, prior to the commencement of their rostered hours of work, of the nature of the illness and of the estimated duration of the absence; provided that sick leave shall be available if the teacher took all reasonable steps to notify the employer and was unable on account of the illness to take such steps.

(g) Other than in respect of the first two days absence in respect of sickness in any one year a teacher shall, upon request, provide a medical certificate addressed to the employer. Notwithstanding the foregoing, the employer may require other evidence of sickness.

(h) Where a teacher, employed in a long day care centre, is sick on their rostered day off, or any forms of paid leave, they shall not be entitled to sick leave nor will their sick leave entitlements be reduced as a result of their sickness on that day.

(i) Untaken sick leave shall accumulate from year to year.

15A. State Personal/Carer’s Leave Case - August 1996

(1) Use of sick leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 15, Sick Leave, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

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

(ii) the person concerned being:

(a) a spouse of the employee; or

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

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

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

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

1. "relative" means a person related by blood, marriage or affinity;

2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

3. "household" means a family group living in the same domestic dwelling.

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

(2) Unpaid Leave for Family Purpose

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

(3) Annual Leave

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

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

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

(4) Time Off in Lieu of Payment for Overtime

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

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

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

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

(5) Make-up Time

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

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

(6) Rostered Days Off

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

(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

(d) This subclause is subject to the employer informing each union, which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

16. Duties of Employees

(a) The normal duties of employees shall include the usual duties performed in attendance at the centre as well as the usual planning, resourcing and extra-curricular activities associated with a centre, including attendance at parent and committee management meetings.

(b) Employees in long day care centres shall be allowed two days paid leave per annum, in lieu of attendance at out of hours in-service, area meetings, parent and committee management meetings. The leave shall be granted and taken on a day or days determined by the employer and mutually convenient to both the employee and the employer.

(c) A Director shall, in addition, have responsibility for the security and maintenance of the centre.

(i) In pre-school centres, employees shall attend at the centre as required on 202 actual days of child attendance in each calendar year, and for two days of child-free attendance as nominated by the employer.

(ii) In pre-school and long day care centres, employees are responsible for ensuring that they are aware of new developments in early childhood education and that they attend professional development and in-service courses as required. Provided that for employees in long day care centres, attendance at such courses outside hours of attendance beyond the equivalent of two days attendance at the centre shall be at the option of the employee.

17. Non Contact Time

(a) Both KU Children’s Services and the Independent Education Union recognise that all teachers should be relieved from face to face duties in order to perform administration duties, programming, record keeping and liaison with parents and outside agencies.

(b) Directors Administration Time

(i) A director in both long day care centres and Pre School shall be entitled to non-contact time to perform administration duties.

(ii) The amount of non-contact time shall not be less than three hours per week for a full time director. KU will work towards increasing the amount of non-contact time for directors.

(c) Provided that directors or teachers who now receive non-contact time shall not have this time reduced as a result of the making of this award.

18. Crib Breaks

An employee shall be entitled to 30 consecutive minutes crib break within the centre. Where a meal is taken at the Centre, at the direction of the employer, it shall be counted as time worked. An employee is not to be required to work for more than five hours without being given the opportunity to take a crib break. See Children (Care and Protection) Act 1987 for provisions relating to supervision of children.

19. First Aid Certificate

Employees will be required to obtain and maintain a first-aid certificate under the following conditions:

(a) Employees in the first six months of employment will be required to have or to obtain an approved Senior First-aid Certificate.

However, if the employee has a current "Care for Kids" qualification on commencement of employment with KU Children’s Services, they will have six months in which to obtain the Senior First-aid Certificate.

(b) After three year’s of employment, an employee will be required to obtain either a Care for Kids qualification or a Senior First-aid Certificate.

Provided that in every sixth year of employment an employee must obtain the Senior First-aid Certificate.

(c) Employees in long day care centres will be granted paid leave to attend a first-aid course or when the employee attends the course in their own time, the employee will receive time in lieu at ordinary rates for course attendance time.

(d) For employees in pre-schools, attendance at a first aid course shall be on the employees own time.

(i) A teacher, other than a casual teacher shall be entitled to a maximum of three days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person prescribed in subclause 19(iii)

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

(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer’s Leave in clause 15A, provided that for the purpose of bereavement leave, the teacher need not have been responsible for the care of the person concerned.

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

(v) Bereavement leave may be taken in conjunction with other leave available under subclauses, (2), (3), (4), (5) and (6) of the said clause 15A. In determining such a request the employer will give consideration to the circumstances of the teacher and the reasonable operation requirements of the business.

21. Parental Leave

See Industrial Relations Act 1996, for provisions relating to maternity, paternity and adoption leave.

21.1 Paternity Leave

A teacher shall be entitled to one day's leave with pay on the date of their spouse's confinement or on the day on which their spouse leaves hospital following her confinement.

21.2 Maternity, Adoption Leave

(i) A teacher who takes unpaid maternity/adoption leave under the provisions of the Industrial Relations Act 1996 must be paid under this clause.

(ii) The maternity/adoption allowance in this clause shall be the equivalent if the teacher has completed:

1 to 2 years of service 3 weeks 2 to 3 years of service 6 weeks 3 or more years of service 9 weeks

(iii) The teacher must be paid at the rate the teacher was paid at the time of commencing leave including allowances.

(iv) The teacher must be paid:

(a) at the usual times and intervals that other teachers are paid by KU Children’s Services, or

(b) if the teacher asks two weeks in advance and KU Children’s Services agrees, in a lump sum.

(v) The employer must pay the first or lump sum payments at the pay period commencing closest to;

(a) six weeks before the anticipated date of birth or adoption; or

(b) if birth occurs before the time referred to in (a), the date of the birth; or

(c) if the teacher has not commenced maternity/ adoption leave at the time referred to in (a), when the teacher commences leave.

(vi) If a teacher's pregnancy is terminated other than by the birth of a living child:

(a) more than 20 weeks before the anticipated date of birth the teacher is not entitled to the payment;

(b) less than 20 weeks before the anticipated date of birth the teacher is entitled to the payment while he/she remains on leave.

(vii) The period of maternity/ adoption leave will not count as a period of service under this award or any statute.

(viii) Except as varied by this provision, Part 4 of Chapter 4 of the Industrial Relations Act 1996 shall apply.

Notation:

(i) It is recognised that the obligations of an employer under the provisions of the Industrial Relations Act 1996 relating to maternity, paternity and adoption leave must be followed, but;

(ii) subject to paragraph (i), the employer and the New South Wales Independent Education Union are of the unanimous view that, other than in exceptional circumstances, leave without pay, including parental leave, should preferably commence on the day following the last teaching day of a term and conclude on the day preceding the first teaching day of a term (unless the employer has expressly agreed to the contrary).

(iii) In order to facilitate the desirable practice referred to in paragraph (ii) of this notation the employer is prepared to extend the time of parental leave beyond that maximum entitlement prescribed by the Industrial Relations Act 1996, should a teacher agree to return from parental leave at the commencement of the term immediately following the maximum period of leave without pay required to be afforded by the said Act.

22. Examination and Study Leave

An employee, who for the purposes of furthering their teacher training, enrols in any course approved by the employer at a recognised University or recognised Teacher Training Institution, shall be granted leave:

(a) with pay on the day of any examination required in the course;

(b) without pay for the purpose of attending any compulsory residential school which is a part of such course.

See Long Service Leave Act 1955.

24. Union Representatives

(a) An employer shall permit the union representative in the Centre to post union notices relating to the holding of meetings on a staff room noticeboard.

(b) The union representative shall be permitted in working hours to interview the employer on union business. Such interview shall take place at a time and place convenient to both parties.

(c) Meetings of union members who are employed at the Centre may be held on the premises at times and places reasonably convenient to both union members and the employer.

25. Terms of Engagement and Information to be Provided to Teachers

(a) The employer shall provide an employee (other than a casual employee) on appointment with a letter and other information stating, inter alia, the classification and rate of salary as at appointment, the period of engagement if a specified time contract, the normal attendance that will be required, an outline of the responsibilities of the position that will be required, and an outline of superannuation benefits available.

(i) Provided that letters of appointment provided to pre- school teachers employed after the date of the making of this award shall state the hours to attendance to be 38 hours per week provided that no pre-school centre shall extend their hours of operation without the agreement of the Independent Education Union.

The employment of a teacher during the first three calendar months shall be probationary. Either party may terminate the employment during this period with two weeks notice.

(b) The employment of any employee (other than a temporary or casual employee) shall not be terminated without at least four weeks’ notice on either side or the payment of, or forfeiture of, four weeks salary in lieu of notice, other then during the probationary period.

(c) The employment of a temporary employee employed for a period in excess of four weeks shall not be terminated, except in accordance with the provisions of subclause (b) of this clause.

In the case of a temporary employee employed for a period of less than four weeks, employment shall not be terminated without at least one week's notice on either side or the payment or forfeiture of one week's salary in lieu of notice.

(d) The employer may provide a teacher of children with special needs with a letter of appointment, which outlines the teacher's hours of attendance, days of attendance, and places of employment, which may be varied throughout the period of engagement. Such variations would occur from time to time with not less than two weeks’ notice or otherwise by agreement.

(e) The foregoing shall not affect the right of the employer to dismiss summarily any teacher for incompetence, misrepresentation, neglect of duty or other misconduct. (f)

(i) On termination of casual employment, the employer shall indicate on the employee’s service card, if requested by the employee (see Attachment A to this award) the length of service with that employer.

(ii) On the termination of service of an employee, other than a casual employee, the employer shall provide a statement of service setting out the length of service, the age of children taught, the positions held and any special and/or additional duties performed by such teacher.

(g) Upon request, a casual teacher shall be supplied with a statement setting out the number of days of duty undertaken by the casual teacher during the period of their engagement, provided such request is made during or on termination of the casual engagement.

(h) Where an employer proposes either to make alterations to the centre in which an employee is employed, or to transfer an employee from the centre in which the employee is employed, which will have the consequence that the employees’ conditions of employment will no longer apply to the employee, the employer shall, as soon as practicable in any case after a firm decision has been made, give the employee notice of the change and shall, if the employee so requests, hold discussions with the employee, or with a representative of the employee, as soon as practicable after making the decision and, in any event, not less than four weeks prior to the implementation of the decision.

(i) An employer may direct a teacher to carry out such duties as are within the limits of the teacher's skill, competence and training.

26. Redundancy

See part C of this award

27. Superannuation

(a) Definitions

For the purpose of this clause:

(i) "Basic earnings" shall mean:

(1) the rate of salary prescribed from time to time by this award;

(2) the amount of any allowance prescribed from time to time, including the allowance payable to a director.

(ii) "Employee" means a teacher or director, and includes casual, part-time, or temporary employees.

(iii) "Employer" means KU Children’s Services.

(iv) "HESTA" means the Health Employees Superannuation Trust Australia, established by Trust Deed Articles on 30 July 1987.

(v) "ASSET" means the Australian Superannuation Savings Employment Trust constituted by Deed made 14 October 1987.

(b) Fund

(i) For the purposes of this clause, contributions made by the KU Children’s Services, in accordance with the provisions of subclause (c) of this clause, shall be as follows:

(1) KU Children’s Services shall offer each employee a choice between HESTA or ASSET; (2) the employee shall nominate the fund into which contributions shall be made.

(ii) The KU Children’s Services shall continue to be a participating employer in HESTA and/or ASSET in accordance with the choice of employees of the employer.

(iii) An employee shall become eligible to join HESTA or ASSET from the beginning of the first pay period commencing on or after the employee's date of engagement.

(c) Benefits

(i) Except as provided in paragraphs (iii) and (iv) of this subclause, KU Children’s Services shall, in respect of each employee employed by it, pay contributions to the respective Trustee at the rate of four per cent (4%) of the employee's basic earnings or as prescribed by the Superannuation Guarantee (Administration) Act 1992.

(ii) Contributions shall be paid at intervals and in accordance with the procedures and subject to the requirements of the respective fund.

(iii) KU Children’s Services shall not be required to make contributions pursuant to this clause in respect of an employee in respect of a period when that employee is absent from the teacher’s employment without pay.

(iv) Part-time and Casual Employees

KU Children’s Services shall pay contributions pursuant to this clause in respect of a part-time employee employed by it if the basic earnings of the employee exceed $200 for that calendar month.

KU Children’s Services shall pay contributions pursuant to this clause in respect of a casual employee employed by it for any calendar month in which the basic earnings of the employee exceed $200 for that calendar month.

(v) Where a new employee commences employment, KU Children’s Services shall advise the employee in writing of the employee's entitlements under this clause and of the action to be taken by the employee to obtain the benefit of those entitlements.

(vi) Notwithstanding the date upon which an employee signs an application form, contributions in accordance with paragraph (i) of this subclause shall be made from the date when the employee became eligible for membership.

(d) Records

KU Children’s Services shall retain all records relating to the calculation of payments due to the fund(s) in respect of each employee and such records shall be retained for a period of six years.

28. Anti - Discrimination

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

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

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

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

(a) any conduct or act which is specifically exempt for anti discrimination legislation:

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

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

29. Disputes Avoidance and Grievance Procedures

(a) The objective of these procedures is the avoidance and resolution of industrial disputation, arising under this award, by measures based on consultation, co-operation and negotiation.

(b) Without prejudice to either party, the parties to this award shall ensure the continuation of work in accordance this award and custom and practice in KU Children’s Services Centres.

(i) In the event of any matter arising under this award which is of concern or interest, the teacher shall discuss this matter with the Chief Executive Officer of KU Children’s Services or their nominee.

(ii) If the matter is not resolved at this level, the teacher may refer this matter to the NSW Independent Education Union, who will discuss the matter with the Chief Executive Officer of KU Children’s Services or their nominee.

(iii) If the matter remains unresolved, it shall be referred to the General Secretary of the NSW Independent Education Union or their nominee and the Chief Executive Officer of KU Children’s Services or their nominee for discussion and appropriate action.

(iv) If this matter cannot be resolved at this level it may be referred to the Industrial Relations Commission of New South Wales or its successor.

(d) Nothing contained in this procedure shall prevent the General Secretary of the NSW Independent Education Union or their nominee or the Chief Executive Officer of KU Children’s Services or their nominee from entering into negotiations at any level either at the request of a member or on their own initiative, in respect of matters in dispute should such action be considered conducive to achieving resolution of the dispute.

(a) This award shall apply to all teachers and directors as defined in clause 2, Definitions, employed by KU Children’s Services in New South Wales.

(b) This award rescinds and replaces the Teachers (KU Children’s Services) (State) Award published on 14 July 2000 (317 I.G. 27) as varied.

(c) This award shall take effect from 21 February 2002 and shall remain in force until December 31 2004. PART B

MONETARY RATES

Table 1 - Rates of Pay - Pre-School Centres

The following minimum rates shall apply with effect from the beginning of the first full pay period commencing on or after the date specified in each column.

Classification/ 21 Feb 2002 1 Feb 2003 1 Jul 2003 1 Feb 2004 1 Jul 2004 Incremental Salary Step 5% 4% 4% 3% 3% Three Year Trained Teachers Incremental Salary Step Step 1 33,291 34,623 36,008 37,088 38,201 Step 2 34,983 36,382 37,837 38,972 40,141 Step 3 36,813 38,286 39,817 41,012 42,242 Step 4 38,502 40,042 41,644 42,893 44,180 Step 5 40,254 41,864 43,539 44,845 46,190 Step 6 42,198 43,886 45,641 47,010 48,420 Step 7 43,264 44,995 46,795 48,199 49,645 Step 8 44,311 46,083 47,926 49,364 50,845 Step 9 46,080 47,923 49,840 51,335 52,875 Step 10 47,922 49,839 51,833 53,388 54,990 Step 11 49,216 51,185 53,232 54,829 56,474 Four Year Trained

Teachers Incremental Salary Step Step 1 35,398 36,814 38,287 39,436 40,619 Step 2 37,591 39,095 40,659 41,879 43,135 Step 3 39,704 41,292 42,944 44,232 45,559 Step 4 42,048 43,730 45,479 46,843 48,248 Step 5 44,227 45,996 47,836 49,271 50,749 Step 6 46,079 47,922 49,839 51,334 52,874 Step 7 47,922 49,839 51,833 53,388 54,990 Step 8 49,999 51,999 54,079 55,701 57,372 Step 9 51,998 54,078 56,241 57,928 59,666

Table 2 - Rates of Pay - Long Day Care Centres

The following minimum annual salaries shall apply with effect from the beginning of the first full pay period commencing on or after the date specified in each column.

Classification/ 21 Feb 2002 1 Feb 2003 1 Jul 2003 1 Feb 2004 1 Jul 2004 Incremental Salary Step 5% 4% 4% 3% 3% Three Year Trained Teachers Incremental Salary Step Step 1 34,620 36,005 37,445 38,568 39,725 Step 2 36,383 37,838 39,352 40,533 41,749 Step 3 38,285 39,816 41,409 42,651 43,931 Step 4 40,041 41,643 43,309 44,608 45,946 Step 5 41,864 43,539 45,281 46,639 48,038 Step 6 43,890 45,646 47,472 48,896 50,363 Step 7 44,994 46,794 48,666 50,126 51,630 Step 8 46,088 47,932 49,849 51,344 52,884 Step 9 47,923 49,840 51,834 53,389 54,991 Step 10 49,838 51,832 53,905 55,522 57,188 Step 11 51,181 53,228 55,357 57,018 58,729 Four Year Trained Teachers Incremental Salary Step Step 1 36,813 38,286 39,817 41,012 42,242 Step 2 39,094 40,658 42,284 43,553 44,860 Step 3 41,291 42,943 44,661 46,001 47,381 Step 4 43,729 45,478 47,297 48,716 50,177 Step 5 45,997 47,837 49,750 51,243 52,780 Step 6 47,923 49,840 51,834 53,389 54,991 Step 7 49,838 51,832 53,905 55,522 57,188 Step 8 51,998 54,078 56,241 57,928 59,666 Step 9 54,076 56,239 58,489 60,244 62,051

Table 3 - Directors’ Allowances - Pre-Schools

Units 21 Feb 2002 1 Feb 2003 1 Jul 2003 1 Feb 2004 1 Jul 2004 $ per annum $ per annum $ per annum $ per annum $ per annum 1 4,358 4,576 4,805 5,045 5,297 2 5,145 5,402 5,672 5,956 6,254 3 6,225 6,536 6,863 7,206 7,566 4 7,578 7,957 8,355 8,773 9,212

Table 4 - Directors’ Allowances - Long Day Care Centres

Units 21 Feb 2002 1 Feb 2003 1 Jul 2003 1 Feb 2004 1 Jul 2004 $ per annum $ per annum $ per annum $ per annum $ per annum 1 to 6 employees 5,145 5,402 5,672 5,956 6,254 7 to 12 employees 6,225 6,536 6,863 7,206 7,566 13 to 16 employees 7,578 7,957 8,355 8,773 9,212 17 or more employees 8,229 8,640 9,072 9,526 10,002

Table 5 - Teacher in Charge Allowances - Pre-Schools

Pre School 21 Feb 2002 1 Feb 2003 1 Jul 2003 1 Feb 2004 1 Jul 2004 $ per annum $ per annum $ per annum $ per annum $ per annum 1 2,179 2,288 2,402 2,522 2,649 2 2,573 2,702 2,837 2,979 3,128 3 3,113 3,268 3,431 3,603 3,783 4 3,789 3,978 4,177 4,386 4,605 Table 6 - Teacher in Charge Allowances - Long Day Care Centres

Long Day Care 21 Feb 2002 1 Feb 2003 1 Jul 2003 1 Feb 2004 1 Jul 2004 $ per annum $ per annum $ per annum $ per annum $ per annum 1 2,573 2,702 2,837 2,979 3,128 2 3,113 3,268 3,431 3,603 3,783 3 3,789 3,978 4,177 4,386 4,605 4 4,115 4,321 4,537 4,764 5,002

Table 7 - Other Rates and Allowances

Item No. Clause No. Brief Description Amount $ 1 6(a) Travelling Expenses 0.27 per kilometre of travel 2 7 Late Fee Allowance 20.00 per half hour or part thereof

PART C

REDUNDANCY

1.1 This Part shall apply in respect of full-time and part-time persons employed in the classifications specified by the Award.

1.2 This Part shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

1.3 Notwithstanding anything contained elsewhere in this award, the provisions of this part shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first

reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

1.4 This Part shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

2. Employers duty to Notify and Discuss

2.1 Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

2.2 The employer shall discuss with the employees effected and the union to which they belong the introduction of such changes and the likely effect on the employees and the measures taken to avert or mitigate the adverse effects of such changes.

2.3 ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of the employers workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

3. Discussions before terminations

3.1 Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

3.2 The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subclause 3.1 of this clause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

3.3 For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

4. Notice for Changes in Production, Program, Organisation or Structure

4.1 This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from ‘production’, ‘program’, ‘organisation’ or ‘structure’ in accordance with clause 2 of this Part.

4.1.1 In order to terminate the employment of an employee, the employer shall give to the employee at least four weeks notice as prescribed in Clause 25 Terms of Engagement and Information to Teachers subclause (b) of the award.

4.1.2 Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

4.2 Notice for Technological Change

This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from ‘technology’ in accordance with clause 2 of this part.

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

4.2.2 Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

4.2.3 The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

4.3 Time off during the notice period

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

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

4.4 Employee leaving during the notice period

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

4.5 Statement of employment

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

4.6 Notice to Commonwealth Employment Service

Where a decision has been made to terminate employees, the employer shall notify the Commonwealth Employment Service thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

4.7 Department of Social Security Employment Separation Certificate

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an ‘Employment Separation Certificate’ in the form required by the Department of Social Security.

4.8 Transfer to lower paid duties

Where an employee is transferred to lower paid duties for reasons set out in clause 2 of this part, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference

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

5. Severance Pay

5.1 Where an employee is to be terminated pursuant to clause 4 of this part, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

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

Years of Service Under 45 Years of Age Entitlement Less than 1 year Nil 1 year and less than 2 years 4 weeks 2 years and less than 3 years 7 weeks 3 years and less than 4 years 10 weeks 4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks 6 years and over 16 weeks

5.1.2 Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

Years of Service 45 Years of Age and Over Entitlement Less than 1 year Nil 1 year and less than 2 years 5 weeks 2 years and less than 3 years 8.75 weeks 3 years and less than 4 years 12.5 weeks 4 years and less than 5 years 16 weeks 5 years and less than 6 years 17.5 weeks 6 years and over 20 weeks

5.1.3 ‘Weeks Pay’ means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.

5.1.4 Where an employee is subject to a reduction of working hours of 6 or more hours per fortnight, the reduction will be treated as a partial redundancy. A pro rata payment will be made in accordance with the severance payments set out in paragraphs 5.1.1 and 5.1.2 above.

5.2 Incapacity to Pay

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 5.1.

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause 5.1 above will have on the employer.

5.3 Alternative Employment

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 5.1 if the employer obtains acceptable alternative employment for an employee.

ATTACHMENT A

CASUAL TEACHERS/DIRECTORS

RECORD OF CASUAL EMPLOYMENT

EMPLOYEE’S RECORD TO BE MAINTAINED BY EMPLOYEE

1. Name:

2. Number of years of training:

3. Name of qualification:

4. Year of attainment of this qualification:

Period of engagement No. of days/hours Name, address and Signed by Centre (from date to date) worked in total, telephone number of Director (signature, date classification, years Centre and name) trained and step

SCHEDULE A

Award and Variations Incorporated

Clause Award/Variation Date of Date of Taking Industrial Serial No. Publication Effect Gazette Vol. Page Award B5708 17 April 1998 16 May 1997 304 449

SCHEDULE B

Changes Made on Review

Date of Effect: 24 September 1999

(1) Provisions Modified:

Award Clause Previous form of clause last Published at: Vol. Page Teachers (KU Children’s Services) (State) Award 4, Payment of Salary 304 4584 Teachers (KU Children’s Services) (State) Award 13, Hours of Work 304 465 Teachers (KU Children’s Services) (State) Award 17, Non-Contact Time - - Teachers (KU Children’s Services) (State) Award 20, Bereavement 304 474

Leave Teachers (KU Children’s Services) (State) Award 21, Parental Leave 304 474 Teachers (KU Children’s Services) (State) Award 25, Terms of 304 476 Engagement Teachers (KU Children’s Services) (State) Award Part B, Monetary Rates 304 480 Teachers (KU Children’s Services) (State) Award 27, Redundancy - - Teachers (KU Children’s Services) (State) Award 28, Anti- - - Discrimination

(2) Provisions Removed:

Award Clause Previous form of clause last Published at: Vol. Page Teachers (KU Children’s Services) (State) Award 3 (b) (ii) (iii) and (v) 304 454 Teachers (KU Children’s Services) (State) Award 15 (j) 304 469

Rescinded Obsolete Awards Related to this Award:

Award Clause Previous form of clause last Published at: Vol. Page

M. SCHMIDT J.

______

(1427) SERIAL C1168 DAVID MITCHELL (NSW) PTY LTD ENTERPRISE AWARD 2001

Application by David Mitchell Pty Ltd.

(No. IRC 8255 of 2001)

Before Commissioner Tabbaa 21 December 2001

PART A

1. Title

This award shall be known as the David Mitchell (NSW) Pty Ltd (State) Enterprise Award 2001.

PART A

2. Arrangement

1. Title 2. Arrangement 3. Parties Bound 4. Commencement Date and Period of Operation of Award 5. Hours of Work - Day Shift 6. Hours of Work - Shift 7. Overtime 8. Call Out and Stand By 9. Wages and Allowances 10. Meal Breaks 11. Contract of Employment 12. Redundancy

13. Grievance Procedure 14. Payment of Wages 15. Public Holidays 16. Relief Shift Operator 17. Consultation 18. Amenities 19. Accident Pay 20. Training 21. Safety and Productivity Committee 22. Daylight Saving 23. Superannuation 24. Jury Service 25. Annual Leave 26. Annual Leave Loading 27. Sick Leave 28. Long Service Leave 29. Personal/Carer’s Leave 30. Bereavement Leave 31. Parental Leave 32. Anti-Discrimination 33. Classifications

PART B

MONETARY RATES

Table 1 - Wages Table 2 - Other Rates and Allowances

3. Parties Bound

This award shall be known as the David Mitchell (NSW) Pty Ltd (State) Enterprise Award 2001 and shall apply at David Mitchell (NSW) Pty Ltd, Garthowen Road, Attunga NSW 2345 and shall be binding upon:

(a) David Mitchell (NSW) Pty Ltd ("DML" hereafter);

(b) Employees of DML, whether members of the relevant union or not, who are employed by DML in the classifications set out in Part B of this award;

(c) The Australian Workers' Union, New South Wales;

4. Commencement Date and Period of Operation of Award

(a) This award rescinds and replaces the David Mitchell (NSW) Pty Ltd (State) Enterprise Award 1999 published 23 June 2000 and award review published 17 May 2002 (333 I.G.667). It shall take effect on and from 30 September 2001 and remain in force for a period of three years.

(b) The changes made to give effect to section 19 of the Industrial Relations Act 1996 and the Commission’s principles for review of awards shall take effect on and from 13 June 2001.

5. Hours of Work - Day Work

(a) Ordinary hours shall be up to 12 hours per day, provided that in excess of eight ordinary hours may be worked only where DML and the majority of employees in the site or section agree, and where it is safe to do so.

(b) DML can, on one week’s notice, change the arrangement for working a 38-hour week. Arrangements for working 38 hours per week - ordinary hours shall average 38 per week and shall be arranged in accordance with any of the following methods:

(i) By employees working less than eight ordinary hours each day; or

(ii) By employees working less than eight ordinary hours on one or more days of each week; or

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

(iv) By rostering employees off on various days of the week during a particular work cycle so that each employee has one weekday off during that cycle; or

(v) Such other method as suits the business by agreement between DML and majority of employees in the site or section; or

(vi) The day of a Rostered Day Off (RDO) may be altered by agreement between DML and the employee or by either party giving one week’s notice.

(c) The ordinary hours of work shall be worked Monday to Friday between 6.00 a.m. and 6.00 p.m., provided that this spread of hours may be altered by agreement between DML and the majority of employees in the site or section.

(d) Overtime rates are payable where work is done outside the agreed spread of hours. However, those hours which are worked at overtime rates will be counted as ordinary hours if the total hours worked for the day would otherwise be less than eight.

(e) DML shall be entitled to fix the start and finish times for each site or section within the spread of hours agreed in subclause (c) of this clause and to alter them either by mutual consent or by giving employees one week’s notice.

6. Hours of Work - Shift Work

(a) Definition

For the purposes of this clause:

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

"Continuous Work" means work carried out on consecutive shifts of persons throughout the 24 hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of DML.

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

(b) Requirement

All employees are engaged on the basis that they may be required to work shifts either permanently or on relief.

(c) Allowance

Employees required to perform work on shifts shall be paid a shift allowance as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

(i) Continuous Work

This subclause shall apply to shift workers on continuous work as defined. The ordinary working hours of shift workers shall average 38 per week inclusive of crib time as follows:

(A) 38 hours within a period not exceeding seven consecutive days; or

(B) 76 hours within a period not exceeding 14 consecutive days; or

(C) 114 hours within a period not exceeding 21 consecutive days; or

(D) 152 hours within a period not exceeding 28 consecutive days.

Shifts shall be eight hours per day, provided that shifts up to 12 ordinary hours may be worked in special circumstances where DML and the majority of employees in the site or section agree.

(ii) Other than Continuous Work

This subclause shall apply to shift workers who are not engaged on continuous work as defined. The ordinary working hours of shift workers shall average 38 hour per week inclusive of crib time, as follows:

(A) 38 hours within a period not exceeding seven consecutive days; or

(B) 76 hours within a period not exceeding 14 consecutive days; or

(C) 114 hours within a period not exceeding 21 consecutive days; or

(D) 152 hours within a period not exceeding 28 consecutive days.

Shifts shall be eight hours per day, provided that shifts of up to 12 ordinary hours may be worked in special circumstances where DML and the majority of employees in the site or section agree.

(e) Rostered Day Off

These shall be organised according to a roster.

(f) Crib Time - 20 minutes crib time shall be allowed to shift workers for every five hours they work and shall be paid as time worked. These breaks will normally occur between the fourth and fifth hour of the shift subject to the break being taken on the job at a convenient time by agreement with DML as to avoid the necessity for a stoppage of operations in the establishment and may be staggered in regard to any sections thereof.

(g) Changeover - Employees (except night shift operators) shall be required to remain on shift until relieved. Employees should take whatever action necessary to arrange relief. If employees are unable to attend a shift or will be delayed, they must contact the person they are due to relieve. Any time worked in excess of the ordinary hours shall be paid at overtime rates. All overtime shall consider OHS and, in any event, no employees shall be required to work more than 16 hours consecutively.

(h) Continuous Work on Saturday, Sunday and Holidays

(i) performed on Saturdays as part of the normal roster shall be paid at time and a half for all ordinary hours worked.

(ii) performed on Sundays as part of the normal roster shall be paid at double time for all hours worked.

(iii) performed on public holidays as part of the normal roster shall be paid at double time and a half for all hours worked.

These rates are calculated prior to adding the shift allowance.

(i) Roster - DML shall be entitled to fix the shift rosters for each site or section and alter them by mutual consent or by giving employees one week’s notice.

(j) Swapping Shifts - Employees may swap shifts by private arrangement between each other, provided that:

(i) both employees obtain their supervisor’s approval;

(ii) time records show the employee who actually worked the shift and the employee who was rostered to work the shift; and

(iii) DML will pay the rostered employee as if the shift had been worked. 7. Overtime

(a) All time worked in excess of the usual daily ordinary hours shall be overtime.

(b) All time worked outside the spread of hours shall be paid at overtime rates.

(c) On each day overtime is worked, overtime shall be paid at time and a half for the first two hours and double time thereafter, except on Sundays when all overtime shall be paid at double time and public holidays when all overtime shall be paid at double time and a half.

(d) Overtime is not payable when arranged between the employees themselves. All overtime must be approved by DML, or its nominated representative.

(e) All employees other than Continuous Work employees who are required to work overtime on a Sunday shall be paid double time, with a minimum payment of four hours' pay if work is performed on the Sunday.

(f) All employees other than Continuous Work employees who are required to work overtime on a public holiday shall be paid double time and a half, with a minimum payment of four hours' pay if work is performed on the public holiday.

(g) Employees who are rostered to work overtime and cannot attend must notify DML as soon as possible.

(h) Employees may be required to work reasonable overtime as directed by DML.

(i) Shift Workers - For all time worked in excess of, or outside the ordinary working hour prescribed by this award, or on a shift other than a rostered shift, shall:

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

(ii) If employed on shiftwork other than continuous work, at the rate of time and one half for the first two hours and double time thereafter, except in each case where the time is worked:

(A) by agreement between the employees themselves;

(B) for the purpose of effecting the customary rotation of shifts;

(C) due to non-arrival or late arrival of the relief operator.

(j) Overtime is not payable for the purpose of effecting the customary rotation of shifts.

(k) When four hours of overtime is required to be worked on a Saturday, Sunday or Public Holiday, it shall be worked as consecutive hours and without meal or crib breaks.

(l) Time off in lieu of overtime

An employee may elect, with the consent of DML, to take time off in lieu of payment for overtime at a time to be agreed with DML.

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

DML 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 subclause (a) of this clause where such time has not been taken within four weeks of accrual.

8. Call Out and Stand By

(a) Employees who are called out after having completed their day's work shall be paid for not less than four hours at the appropriate overtime rate specified in subclause (c) of clause 7, Overtime.

(b) Employees who are called out can be allocated other work which may be required to be done by DML.

(c) Employees who are rostered on to stand by on weekends or public holidays shall be paid four hours at the appropriate overtime rate for each day (either Saturday, Sunday or the public holiday) they are rostered on to stand by for the inconvenience incurred. Employees who are on stand by must be available to work when they are called. This payment shall include the first four hours of any call out on each day they are standing by.

9. Wages and Allowances

(a) Wages and allowances shall be paid as set out in Table 1 - Wages and Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

An operator with six months experience is required to be competent to operate all equipment in quarrying and processing and shall hold licences to operate at least one of the following pieces of equipment:

Front End Loader, Fork Lift, Excavator

(b) Juniors

Juniors shall be paid a percentage of the adult rate for the appropriate classification as set out in Table 1 - Wages, of Part B, Monetary Rates.

(c) Disability Allowance

In addition to the wage rates prescribed in this clause, a disability allowance as set out in Item 2 of Table 2 shall apply to all employees. This payment is made to compensate for all disabilities experienced in quarrying, kiln and crushing operations and is in lieu of any payment for working in wet places or in the rain. This allowance shall be paid for all purposes.

(d) Leading Hands

An employee appointed as such shall be paid an amount as set out in Item 3 of Table 2 for all purposes of the award, in recognition of the additional supervisory responsibilities undertaken.

(e) First-Aid

DML will ensure that an adequate number of employees are trained in first-aid procedures. An employee appointed by DML to perform first-aid duties and who is the holder of a recognised first-aid

certificate shall be paid an amount as set out in Item 4 of Table 2. This employee is also responsible for ensuring that the first-aid kits are properly stocked.

(f) Special Licence

Each quarry operated by DML is required to nominate a Mine Manager under the Mines Inspection Act 1901. The Mine Manager may also have a delegate who is required to hold a licence or Certificate of Competency in accordance with the same Act. Where this delegate is also an employee within the scope of this award, that employee shall be paid an allowance as set out in Item 5 of Table 2 in recognition of those extra responsibilities.

(g) Tool Allowance

Tradesmen who are required to supply their own hand tools will be paid an allowance as set out in Item 6 of Table 2 to maintain their tools at the required standard.

(h) Licences

DML will reimburse the cost of all licences or certificates which employees are required to hold in the course of their employment.

(i) Meal Allowances

An employee who is required to work overtime for a period in excess of two hours after the usual finishing time shall be paid an amount as set out in Item 7 of Table 2, or be provided with a meal. This subclause shall not apply to any employees who have been notified on the previous day that they shall be required to work overtime. If employees are notified on the previous day that they are required to work overtime, and have provided themselves with a meal and the overtime is cancelled, they shall be paid the allowance anyway.

(j) Bagging Incentive Allowance

A bagging incentive allowance of an amount per pallet of saleable product, as set out in Item 8 of Table 2, shall be paid to employees subject to the requirements as set out below:

(i) The decision to bag product shall be entirely that of management.

(ii) The pallets shall be shrink-wrapped (where appropriate).

(iii) The bags shall be stacked in a clean and tidy state.

(iv) No partly completed pallets shall be counted for the purpose of payment.

(v) Normal duties and housekeeping are given priority by employees engaged in bagging.

(vi) The pallet tally each shift is to be recorded on time sheets by employees.

(vii) The bonus shall not apply on bulk bags or other product.

10. Meal Breaks

(a) Meal Breaks for Day Workers

(i) Day Workers shall be given two breaks of 20 minutes (ten minutes shall be paid as time worked and 30 minutes shall be unpaid) which shall be taken at suitable times during each day. The commencement time of these breaks shall be set according to agreement between DML and the majority of employees in the site or section having regard to production needs.

(ii) Where after working ordinary hours an employee's period of overtime is to be one and a half or more, they shall, before starting such overtime, be entitled to a crib break of 20 minutes to be paid for at ordinary rates.

Provided that an employee and DML may agree that a payment of 20 minutes at ordinary rates be made in lieu of such crib breaks.

(iii) After each four consecutive hours of overtime worked, an employee who is to continue working overtime shall be entitled to a crib break of 20 minutes without deduction of pay.

Provided that DML and an employee may agree that a payment of 20 minutes at double time (or on Public Holidays, double time and a half) be made in lieu of such crib break.

(iv) When ordinary hours are six on any day and overtime thereafter is two hours, day workers shall be given two breaks of 20 minutes each (ten minutes shall be paid as time worked and 30 minutes shall be unpaid). When overtime on such days exceeds two hours by one and a half hours, then a crib break of 20 minutes shall be taken to be paid for at ordinary rates.

Provided that DML and an employee agree that a payment of 20 minutes at ordinary rates be made in lieu of such crib breaks.

(b) Meal Breaks on a Saturday, Sunday, Public Holiday

Meal breaks on a Saturday, Sunday or Public Holiday are paid for at single time, whether taken during ordinary hours of work or overtime.

(c) The time of taking a scheduled meal break by one or more employees may be altered by agreement if it is necessary to do so in order to meet a requirement for continuity of operations. This may require staggering meal breaks and rest breaks by quarry personnel, to enable:

(i) the primary crushing operation to be maintained;

(ii) the dispatch of stockpile products to be maintained.

(d) The timing of meal breaks may be staggered in order to meet operational requirements. The time of taking a scheduled meal break by an employee employed as a regular maintenance person may be altered by agreement for the purpose of making good breakdown of plant or upon routine maintenance of plant, which can only be done while such plant is idle.

(e) Rest Breaks

The timing of rest breaks may be staggered to meet operational requirements. The time of taking a scheduled rest break by one or more employees may be altered by agreement if it is necessary to do so in order to meet a requirement for continuance of operations or for the purpose of making good breakdown of plant or for routine maintenance of plant, which can only be done while such plant is idle.

11. Contract of Employment

(a) Employment shall be on a weekly basis, excepting casual employees.

(b) Casual Employees

An employee may be engaged by the hour on a casual basis.

An employee so engaged shall be paid one thirty-eighth of the weekly rate for each hour worked, plus 20%. This penalty shall be in lieu of all leave provisions, public holidays or shift loadings, whichever the higher.

(c) Employment shall be probationary for the first three months. Termination by either party shall be on a day's notice. If employment ceases during the first three months for any reason, DML may deduct half the cost of the safety boots issued to the employee from any monies owing to the employee.

(d) DML has the right to dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of or misconduct, including breach of company rules, and in such cases the wages shall be payable up to the time of dismissal.

(e) DML may deduct payment for any day or portion of a day during which an employee cannot be usefully employed because of any strike or through any breakdown of machinery or due to any cause for which DML cannot reasonably be held responsible.

(f) Employees shall perform any work for which they are capable, as directed. DML agrees to provide any training which employees may require in order to carry out their duties safely and competently. No employee shall place any restriction on a contractor or another employee carrying out any work for DML. This includes, but is not limited to, staff carrying out any production or quarrying duties to provide assistance during emergencies or to cover absences.

(g) Any employee taking unauthorised absence from duty or not performing duties as required shall not be paid for the actual time of such non-attendance or non-performance and may be subject to further disciplinary action.

(h) Employees shall individually be held responsible for the following standards of performance:

Achieve programmed production and labour utilisation targets.

Achieve set levels of quality and carry out quality control tests as required.

Reduce costs by minimising waste.

Improve safety performance by eliminating unsafe acts, conditions and participating in safety training programs.

Maintain housekeeping at acceptable levels, including fire prevention.

Treat company property with due care and report any faults with any equipment or any losses.

Assist in maintaining the security of DML premises and equipment while on duty.

Participate in preventative maintenance for all plant and equipment and assist as required in carrying out routine maintenance.

Maintain good employee relations by promoting mutual trust and respect in the workplace.

Observe company policies and legislative obligations, particularly those relating to occupational health and safety.

(i) DML shall supply all protective clothing, safety boots, equipment and materials necessary for employees to carry out their duties. Protective clothing and safety boots must be worn on the job.

(j) Employees are required to keep accurate records of time worked and the nature of work performed.

(k) Abandonment of Employment

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

(ii) 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 DML that they were absent for reasonable cause, they shall be deemed to have abandoned their employment.

(iii) 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 DML, whichever is the later.

12. Redundancy

(1) Application

(i) These provisions shall apply in respect of full-time and part-time persons employed in the classifications specified by clause

(ii) This clause shall only apply to employers who employ 15 employees or more immediately prior to the termination of employment of employees, in the terms of subclause of this clause.

(iii) Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service, and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(iv) Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(2) Introduction of Change

(i) DML's Duty to Notify

(a) Where DML has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, DML shall notify the employees who may be affected by the proposed changes and the union to which they belong.

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

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

(ii) DML's Duty to Discuss Change

(a) DML shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(b) The discussion shall commence as early as practicable after a definite decision has been made by DML to make the changes referred to in the said paragraph (i).

(c) For the purpose of such discussion, DML shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided that DML shall not be required to disclose confidential information the disclosure of which would adversely affect DML.

(3) Redundancy

(i) Discussion Before Terminations

(a) Where DML has made a definite decision that DML no longer wishes the job the employee has been doing to be done by anyone pursuant to paragraph (i) of subclause (2) of this clause, and that decision may lead to the termination of employment, DML shall hold discussions with the employees directly affected and with the union to which they belong.

(b) The discussion shall take place as soon as is practicable after DML has made a definite decision which will invoke the provision of paragraph (i) of subclause (2) of this clause and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(c) For the purpose of the discussion, DML shall, as soon as practicable, provide to the employees concerned and the union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that DML shall not be required to disclose confidential information the disclosure of which would adversely affect DML.

(4) Termination of Employment

(i) Notice of Changes in Production, Programme, Organisation or Structure

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure, in accordance with

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

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

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

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

(ii) Notice for Technological Change

This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from "technology" in accordance with paragraph (i) of subclause (2) of this clause.

(a) In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.

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

(c) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

(iii) Time Off During the Notice Period

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

(ii) 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 DML, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(iv) Employee Leaving During the Notice Period

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with DML until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(v) Statement of Employment

DML shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

(vi) Department of Social Security Employment Separation Certificate

DML shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by the Department of Social Security.

(vii) Transfer to Lower Paid Duties

Where an employee is transferred to lower paid duties for reasons set out in paragraph (i) of subclause (2) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and DML may, at DML's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

(5) Severance Pay

(i) Where an employee is to be terminated pursuant to paragraph (i) of subclause (2) of this clause, and subject to further order of the Industrial Relations Commission of New South Wales, DML shall pay the following severance pay in respect of a continuous period of service:

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

Years of Service Under 45 Years of Age Entitlement Less than 1 Year Nil 1 Year and less than 2 Years 4 weeks 2 Year and less than 3 Years 7 weeks 3 Years and less than 4 Years 10 weeks 4 Years and less than 5 Years 12 weeks 5 Years and less than 6 Years 14 weeks 6 Years and over 16 weeks

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

Years of Service 45 Years of Age and Over Entitlement Less than 1 Year Nil 1 Year and less than 2 Years 5 weeks 2 Year and less than 3 Years 8.75 weeks 3 Years and less than 4 Years 12.5 weeks 4 Years and less than 5 Years 15 weeks 5 Years and less than 6 Years 17.5 weeks 6 Years and over 20 weeks

(c) "Week's pay" means the all-purpose rate for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over-award payments, shift penalties and allowances paid in accordance with this award.

(iii) Incapacity to Pay

Subject to an application by DML and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this clause.

The Commission shall have regard to such financial and other resources of DML concerned as the Commission thinks relevant, and the probable effect that paying the amount of severance pay in the said paragraph (i) will have on DML.

(iii) Alternative Employment

Subject to an application by DML and further order of the Industrial Relations Commission of New South Wales, DML may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (i) if DML obtains acceptable alternative employment for an employee.

(6) Savings

Nothing in these provisions shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

13. Grievance Procedure

(a) This procedure for the avoidance of industrial disputes and employee grievances shall apply to employees covered by this award.

(b) The objectives of the procedure shall be to promote the resolution of disputes/grievances by measures based on consultation, co-operation and discussion, to reduce the level of industrial confrontation, and to avoid interruption to the performance of work and the consequential loss of production and wages.

(i) Procedures relating to grievances of individual employees:

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

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

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

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

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

(F) The employee may be represented by an industrial organisation of employees.

(ii) Procedures relating to disputes, etc., between DML and their employees:

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

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

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

(D) DML may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

(d) There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.

(e) Sensible time limits shall be allowed for the completion of the various stages of the discussions. At least seven days should be allowed for all stages of the discussions to be finalised.

(f) Emphasis shall be placed on a negotiable settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Industrial Relations Commission of New South Wales for assistance in resolving the dispute.

(g) In order to allow for the peaceful resolution of grievances and disputes, the parties shall be committed to avoid industrial action, including stoppages of work, lockouts or any other bans or limitations on the performance of work while the above procedure is being followed.

(h) DML shall ensure that all practices applied during the operation of the procedure are in accordance with its obligations under the Occupational Health and Safety Act 1983 and consistent with established custom and practice at the workplace.

(i) The following disciplinary procedure shall be adhered to by DML and the employees:

(i) Employees who exhibit unsatisfactory performance or behaviour shall be counselled so that they understand the standards expected of them and are offered assistance and guidance in achieving those standards.

(ii) Written records of such counselling will be made. The employee will be shown the written record and have the opportunity of commenting on its contents either in writing or orally. The record will only be placed on the employee's file where the employee has been given the opportunity of responding to the record.

(iii) Employees whose performance or behaviour is unsatisfactory will be given adequate time to demonstrate a willingness to improve. If, at the end of this period, the employee shows no willingness to improve, in the opinion of DML, then disciplinary action up to and including dismissal may be taken.

(iv) Nothing in the procedure shall limit the right of DML to summarily dismiss an employee for serious and wilful misconduct.

14. Payment of Wages

(a) Wages shall be paid weekly or fortnightly by agreement with the majority of employees on each site by electronic funds transfer.

(b) When an employee's services are terminated, they shall be paid all wages due to him/her at the conclusion of the employee's employment.

(c) The pay week finishes at midnight Sunday (that is, the pay week ending).

15. Public Holidays

(a) The following days shall be public holidays and, subject to subclause (b) of this clause, except when they fall on a non-working day, shall be allowed on full pay: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter, Monday, Anzac, Day, Queen's Birthday, Eight-Hour Day (Sydney), Christmas Day, Boxing Day, and any other day or days observed as such and any other gazetted holidays observed throughout the State.

(b) An employee who is absent without reasonable excuse to the satisfaction of DML on the workday before or after a public holiday shall not be entitled to payment for the public holiday.

(c) A continuous shift worker who is rostered off on a public holiday may elect either to have an additional seven hours and 36 minutes added to their annual leave or be paid seven hours and 36 minutes pay at single time for the holiday.

(d) In addition to the above holidays, an additional holiday shall be granted each year.

16. Relief Shift Operator

DML reserves the right to introduce the position of relief shift operator, which involves relieving manufacturing and maintenance/quarry worker operators and hydrator operators during periods of annual leave, long service leave, extended absences, etc. The position includes relieving according to shift roster.

During periods when the shift-relief operator is performing continuous work as defined they will be remunerated as such.

During periods when the shift-relief operator is performing work other than continuous work they will be remunerated as such.

17. Consultation

(a) The parties to this award are committed to co-operating positively to increase the efficiency, productivity and competitiveness of DML and to enhance the career opportunities and job security for the employees.

(b) At the quarry, DML, the employees and their relevant union or unions shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that quarry. Measures raised by DML, employees or union or unions for consideration, consistent with subclause (1) of this clause, shall be processed through that consultative mechanism and procedures.

(c) Negotiating Committee

For the purpose of negotiating this award, a subcommittee of employees and DML representatives has been established in the form of the DML Attunga Works Committee.

(d) Consultation, Participation and Commitment

The parties hereby agree to simultaneously change the work culture and improve participation of all employees by setting and implementing consultation mechanisms. The purpose of the consultative mechanism is to discuss and implement changes by agreement that shall improve efficiency and production at the enterprise on an ongoing basis. Consultative practices shall ensure that workplace reforms continue with the participation of employees. Every person covered by this award at DML shall endeavour to make this award work. Every person has an important role to play in ensuring the award aids DML's success.

(e) Skills and Flexibility

DML's success is dependent upon the skills and flexibility of its people. Everyone shall be encouraged to extend the breadth and depth of their skills and knowledge.

(f) Continuous Improvement

Improvement in business performance through continuous improvement shall become a standard way of working. Every person shall, wherever practical, seek to implement new work practices which improve the efficiency of operations, improve productivity and improve service to customers in a cost-effective manner through a mechanism of consultation and agreement between the parties in the DML's Work Committee.

(g) General Conditions

(i) Preamble

DML recognises the importance of its employees in ensuring that productivity requirements are satisfied in an efficient and safe manner. In order to achieve this requirement, DML has installed additional equipment, increased output and upgraded equipment size. This has enhanced our competitiveness within the marketplace and enabled sales requirements to be well satisfied.

(ii) Position Descriptions

As a result of these improvements and productivity gains, position descriptions have been re- evaluated to reflect the additional productivity and increased responsibility. Position descriptions have been written for all positions to reflect the additional responsibility. They include a general description of the position, together with specific duties which are critical to the nature of the work.

(iii) Preventative Maintenance Program

In addition to the position descriptions, a preventative maintenance program has been formally established to cover all machinery within the operation. All relevant employees shall participate in this preventative maintenance program in order to ensure that all equipment is operating efficiently and failure of equipment is minimised. The aim of this program shall be to increase plant availability in line with planned maintenance repairs and increased productivity.

(iv) Cleanliness

Together with the preventative maintenance program, all employees shall endeavour to maintain and enhance the cleanliness of all plants. Maintenance employees shall actively ensure that work areas are kept clean upon completion of a maintenance task. Essential to the long-term profitability and survival of DML is the successful implementation and ongoing operation of major and minor capital projects designed to lower our production costs and improve our competitiveness in the marketplace. In recognising the need for long-term co-operation to ensure projects are realised, both parties agree to work together to ensure productivity requirements are satisfied.

(v) Teamwork

In order to make teamwork the focus at DML, we shall attempt to develop a team-based culture that centres around:

(A) Employees working together to maintain productivity throughout all stages of the process in order to satisfy stock and sales requirements.

(B) Employees working side by side to minimise downtime and by sharing ideas in order to fault-find problems.

(C) Employees encouraging each other to take pride in their workplace and so foster ownership of DML.

(D) Encouraging and implementing employees' ideas to further improve our processes, products and services.

(E) Employees participating in safety programs, working safely, wearing safety gear and being concerned for the welfare of each other.

(F) Employees actively participating in training programs in order to gain new skills to ensure processes are kept operating when and as required.

(G) Improved communication processes which reflect honesty, openness and trust.

(H) Employees working together to get productivity going through the removal of blockages by either party assisting in the repair.

To ensure that DML remains competitive within the marketplace, we need to work together more than ever. The success of DML depends on a team effort and that each individual plays a major role in determining the level of success we achieve.

(h) Customer Focus

Through employee participation, it shall be our aim to provide customers with a broader range of products, improved value and service. Customer satisfaction is the key to DML's success and, as such, all employees shall endeavour to meet customer requirements through product quality, product

availability, customer service and telephone techniques. Customers and their representatives should be treated in a pleasant and friendly manner. Through our employees, it is our aim to enhance our reputation as a customer-focused business throughout the local and greater community. Employees shall make themselves available at all times to load vehicles as required by the customer. All employees shall be encouraged to know who our customers are, have knowledge of their process and be familiar with applications of our products.

18. Amenities

(a) DML shall provide a suitable change room for the use of employees. Where practicable, hot and cold showers and wash basins shall be provided for the use of employees or be adjacent to such change room.

(b) DML shall provide a plentiful supply of pure drinking water for the use of employees and some means for keeping the water cool.

19. Accident Pay

See the Workers' Compensation Act 1987.

20. Training

(a) DML-initiated Training

(i) Employees shall undertake training and retraining as required by DML.

(ii) DML will pay all costs associated with training whether it is formal, internal, external or on the job.

(iii) Time off without loss of pay will be provided. However, if external training extends beyond the normal hours of work, the employee shall make the time available without payment.

(b) Employee-initiated Training

(i) Employees planning to undertake further training should discuss the matter with their Manager.

(ii) DML will consider reimbursing part or all of the costs associated with the training, provided that the training has relevance to DML's current or future needs.

(iii) Where DML agrees to reimburse part or all of the costs associated with training, the employee will be notified in writing.

(iv) Reimbursement for approved training will be made at the successful completion of each stage of the course.

(v) Employees will be required to submit a claim for payment accompanied by receipts.

(vi) DML will not refund any tax or Government levy on employees which is associated with undertaking a course.

(vii) DML will not refund the cost of any accommodation, travel expenses or pay for the employee's time associated with such training.

(viii) DML may approve any reasonable request for time off work without pay for attendance at such training, including examinations and study leave. Requests for time off with pay should utilise any available annual leave.

(c) Employees who are engaged as shift workers shall be paid at the ordinary time rate when undertaking training on their days off.

21. Safety and Productivity Committee

(a) Each site with more than ten employees shall elect representatives for this committee.

(b) One representative should be elected from each classification group, e.g. quarrying, processing maintenance, etc.

(c) On sites with less than ten employees, all employees shall form the committee.

(d) The terms of reference of the committee shall be to discuss and provide advice to DML on the following matters:

(i) accident prevention;

(ii) promotion of safety awareness amongst all employees;

(iii) safety procedures;

(iv) quality improvements;

(v) promotion of quality awareness amongst all employees;

(vi) cost reduction;

(vii) productivity improvements; and

(viii) review of operating procedures and practices.

22. Daylight Saving

Employees rostered to work night shift on the day (morning) Daylight Saving commences or finishes shall be paid for the time worked.

23. Superannuation

The subject of superannuation is dealt with extensively by Federal legislation, including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993, and section 124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, shall govern the superannuation rights and obligations of the parties.

Contributions

(a) DML shall make, in respect of qualified employees, superannuation contributions, which is 9% from 1 July 2002, of ordinary-time earnings into an approved fund. Such contributions shall be remitted to the approved fund on a monthly basis. With respect to casual employees, contributions shall be remitted to the approved fund no later than at the time of the employees receiving their annual group certificates.

(b) All award and statutory superannuation contributions in respect of an employee shall be paid to the Australian Retirement Fund.

(c) Where no such nomination is made before any such contributions become payable, the said contribution referred to in subclause (a) of this clause will be paid to the approved fund for that place of employment.

24. Jury Service

(a) An employee required to attend for jury service during ordinary working hours shall be reimbursed by DML an amount equal to the difference between the amount paid in respect of attendance for such jury

service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service.

(b) An employee shall notify DML as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give DML proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

25. Annual Leave

(a) Day workers and employees performing work other than continuous work shall receive 152 hours annual leave in accordance with the Annual Holidays Act 1944.

(i) In addition to the annual leave prescribed in the Annual Holidays Act 1944, a further period of seven consecutive days with 38 hours pay at ordinary rates shall be allowed to employees after not less than 12 months' continuous service on continuous work, that is, an employee who is rostered to work regularly on Saturdays and Holidays.

(ii) An employee with 12 months' continuous service who is employed for part of the 12 month period on continuous work under this award shall be entitled to have the leave prescribed by the Annual Holidays Act 1944 increased by half a day for each month they are employed continuously as aforesaid.

(iii) Where the additional leave calculated under paragraph (b) of this subclause is or includes a fraction of a day, such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.

(c) Annual leave under this subclause shall be given and shall be taken within a period not exceeding six months from the date upon which the right to leave accrued, provided that the giving and taking of such annual leave may be postponed for a further period not exceeding three months in cases where circumstances render it impracticable to give or take it within the said period of six months.

Nothing in this paragraph shall prevent DML from allowing an employee to take annual leave before the right thereto has accrued but, where leave is taken in such a case, a further period of annual leave shall not commence to accrue until after the expiration of the 12 months in respect of which such annual leave had been so taken. Provided that, if the employee leaves their employment with DML prior to the period of leave being fully accrued, then that amount of annual leave which was paid in advance shall be deducted by DML from any moneys owing to the employee.

(d) Where any special or public holiday for which a continuous process shift worker is entitled to payment under this award occurs during the period of additional annual leave provided for by this subclause, the said period of leave shall be increased by one day in respect of that special or public holiday.

26. Annual Leave Loading

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

(b) Before an employee is given and takes their annual holiday or where, by agreement between DML and an employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods, DML shall pay the employee a loading determined in accordance with this clause.

(c) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.

(d) The loading is the amount payable at the rate per week of 17.5% of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed

immediately before commencing annual holidays, together with all-purpose allowances where applicable.

(e) Employees who take annual leave in advance shall be paid a pro rata amount of the annual leave loading as if the annual leave had fully accrued. Provided that, if the employee leaves employment with DML for any reason prior to the period of leave being fully accrued, then that amount of the annual leave loading which was paid in advance shall be deducted by DML from any monies owing to the employee.

(f) Where, in accordance with the Act, DML's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

(i) An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (d) of this clause.

(ii) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to the employee under the Act, a pro rata amount for annual leave loading in proportion to the accrued entitlement.

(i) When the employment of an employee is terminated by DML for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with the said subclause (d) for the period not taken.

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

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

27. Sick Leave

(a) No sick leave is available to employees with less than six weeks’ continuous service with DML.

(b) Employees with between six weeks' and 12 months’ continuous service shall be entitled to 38 hours paid sick leave.

(c) Employees with more than one year of continuous service with DML shall accrue 76 hours of paid sick leave on each anniversary of service.

(d) Any unused portion of the sick leave entitlement shall accumulate from year to year. These entitlements shall be available for a period of ten continuous years of service from the end of the year in which they accrued.

(e) Employees must notify DML of any absence on sick leave prior to their normal commencement time and, as far as possible, state the nature of the illness or incapacity and the estimated duration. Employees must notify their immediate supervisor or the Manager (or the most senior person) of such absence, at least two hours before the commencement on the first day or shift of such absence.

(f) Employees may be required to supply a doctor’s certificate or other evidence satisfactory to DML (which may include a statutory declaration) as proof that they were unable to attend duty because of illness or incapacity before being entitled to paid sick leave subject to subclause (g) of this clause. Certificates not issued within the period of absence to which they refer are unacceptable.

(g) Employees are allowed one day of paid sick leave per year without a doctor's certificate. This entitlement does not accumulate from year to year.

(h) Attendance Payment - As soon as practicable after the first and subsequent anniversaries of employment, employees shall be entitled to an amount for attendance based on 50% of the amount of unused sick leave accrued during that year in excess of the required 190 hours minimum sick leave accrual that they would have been entitled to under this clause.

See the Long Service Leave Act (Metalliferous Mining) 1963.

29. Personal Carer’s Leave

(1) Use of Sick Leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) of this subclause, who needs the employee’s care and support, will be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 27, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day

(b) The employee will, if required, establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person

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

(ii) the person concerned being:

(a) a spouse of the employee; or

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

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

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

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

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

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

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

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

(2) Unpaid Leave for Family Purpose

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

(3) Annual Leave

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

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

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

(4) Time Off in Lieu of Payment for Overtime

(a) For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of subclause (L) of clause 7, Overtime, the following provisions shall apply:

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

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

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

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

(5) Make-Up Time

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

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

(6) Rostered Days Off

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

(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the union(s) to participate in negotiations.

(a) An employee, other than a casual, will be entitled to up to two days' bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person as prescribed in subclause (c) of this clause.

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

(c) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 29, Personal/Carer’s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

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

(e) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 29. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business

31. Parental Leave

See the Industrial Relations Act 1996.

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

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

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

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

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

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

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

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

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

Notes:

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

33. Classifications

The parties agree to revise the classification structure and implement the revised structure during the term of this award.

PART B

MONETARY RATES

Table 1 - Wages

Trainee Operator Operator Tradesperson $ $ $ Before Adjustment 476.37 525.22 582.29 3% 30 Sep 2001 490.66 540.98 599.76 3% 30 Sep 2002 505.38 557.21 617.76 3% 30 Sep 2003 520.54 573.93 636.29

The tradesperson rate (current) is the basis on which classification levels are set, i.e. a tradesperson is on 100 per cent pay rate.

Listed are the newly proposed levels:

Classification % Before 3% 3% 3% Rate Adjustment 30 Sep 01 30 Sep 02 30 Sep 03 $ $ $ $ Level 1 Trainee 83 483.30 497.80 512.73 528.11 Level 2 3 Skills from A to K 86 500.79 515.81 531.29 547.23 Level 3 5 Skills from A to K 89 518.25 533.80 549.81 566.31 Level 4 7 Skills from A to K 92 535.72 551.79 568.34 585.40 Level 5 9 Skills from A to K 96 558.99 575.76 593.03 610.82 Level 6 Appointed Shotfirer or 100 582.29 599.76 617.75 636.28 Tradesperson Level 7 Tradesperson with 1 103 599.77 617.76 636.29 655.38 Year Post Trade Course Level 8 Sectional Leading Hand 104 605.58 623.75 642.46 661.73 Level 9 Maintenance Special 106 617.23 635.75 654.82 674.46 Licence

Item Clause Brief Description Before 30 Sep 01 30 Sep 02 30 Sep 03 No. No. Adjustment 3% 3% 3% $ $ $ $ 1 6(c) Shiftwork (for afternoon and night shift only) 10.81 11.13 11.47 11.81 2 9(c) Disability Allowance 33.85 per 34.87 35.91 36.99 week 3 9(d) Leading Hand Allowance Less than 6 Employees 24.00 per 24.72 25.46 26.23 week More than 6 Employees 30.08 per 30.98 31.91 32.87 week 4 9(e) First Aid Allowance 1.74 per day 1.79 1.85 1.90 5 9(f) Special Licence 22.04 per 22.70 23.38 24.08 week 6 9(g) Tool Allowance 12.36 per 17.36* 17.88 18.42 week 7 9(i) Meal Allowance - Overtime in excess of 2 hours 7.08 7.29 7.51 7.74 8 9(j) Bagging Incentive Allowance 1.08 per pallet 1.11 1.15 1.18

*Tool allowance to increase by $5 in first year, then 3% in remaining years.

Plant Skills

A. Product bagging and cleaning

B. Dispatch Forklift Operator

C. Dispatch Front End Loader

D. Primary Crusher Operation

E. Aglime Plant Operation

F. Hydrator Operator

G. Kiln Operation

H. Front End Loader Operation (at face)

I. Dump Truck Operation

J. Excavator

K. Drill Operation

L. Shotfirer or Tradesperson

M. Tradesman Level 2

N. Leading Hand - All Section Skills O. Maintenance Special Class.

Note 1

If multi-skilling proceeds to full fruition, DML reserves to the right not to appoint sectional leading hands.

Note 2

Payment at given levels implies agreement of being willing and competent to carry out all or any duties within the classification.

Note 3

Any employee not wanting to be involved in the multi-skilling exercise will not be disadvantaged, that is, their pay rate will remain unchanged and they do not have to learn new skills. However, they are expected to assist in the training of others as required within their sections.

I. TABBAA, Commissioner.

______

(818) SERIAL C1092

- 132 - N.S.W. INDUSTRIAL GAZETTE — Vol. 335 12 July 2002 MISCELLANEOUS WORKERS SDN CHILDREN'S SERVICES LONG DAY CARE CENTRES (CONDITIONS OF EMPLOYMENT) (STATE) AWARD

Application by SDN Children's Services for a new award.

(No. IRC 8434 of 2001)

Before The Honourable Justice Schmidt 21 February and 4 March 2002

1. Arrangement

1. Arrangement 2. Contract of Employment 3. Hours 4. Implementation of 19day month & RDO 5. Crib Break 6. Casual Employment 7. Sick Leave 8. Payment of Wages 9. In-Service 10. Salary Sacrifice 11. Superannuation 12. Dispute Resolution 13. Anti-Discrimination 14. Award to Apply 15. Area, Incidence and Duration

2. Contract of Employment

2.1 Notice during first four weeks: During the first four weeks of employment, the employment of a weekly employee may be terminated by a day’s notice given by either party or by the payment or forfeiture, as the case may be, of one day’s wages in lieu of such notice.

2.2 Notice after four weeks: Except for the first four weeks of employment, the employment of a weekly employee may be terminated by seven (7) working days notice given by either party or by the payment or forfeiture, as the case may be, of seven (7) days in lieu of such notice.

2.3 Misconduct: Nothing in this clause is to affect the right of the employer to dismiss any employee without notice for misconduct and in such cases wages will be paid up to the time of dismissal only.

2.4 Casual before two weeks: If employment is terminated other than for misconduct before the expiration of such two weeks the employment will be considered as casual and the employee paid the rates prescribed for a casual employee in Clause 6, Casual Employment, of this Award.

2.5 Payment during close-down periods: Annual leave is to be taken during the Christmas close-down period. An employee will receive his or her ordinary rate of pay for their classification for 52 weeks each year, except for any period of annual leave where an employee’s annual leave credit is less than 4 weeks.

2.6 Notice for casuals The employment of a casual employee may be terminated by one hour’s notice.

3. Hours

3.1 Ordinary hours: The ordinary working hours, inclusive of crib breaks, will not without payment of overtime, exceed an average of thirty eight per week. Ordinary hours may be worked in one of the following ways:

(i) 19 days per month, or

(ii) 5 x 7.6 hour shifts per week, or

(iii) 4 x 9.5 hour shifts per week, or

(iv) 4 x 8 hour shifts and 1 x 6 hour shift per week.

Employees employed as at 1 December 2001 may continue the way they work their hours.

The first change to working hours for employees after the making of this award will be on a trial basis for an initial period of 12 months following consultation with the employees affected and evaluation at the end of the trial in consultation with the union.

3.2 Notification of hours: The employer will, by legible notice displayed at some place accessible to the employees, notify the ordinary hours of commencing and ceasing work between 6.30am and 6.30pm Monday to Friday inclusive and the ordinary times of crib breaks. Such hours, once notified, are not be changed without the payment of overtime without seven days’ clear notice to the employee, except by mutual agreement between the employer and employee.

4. Implementation of 19 Day Month & RDO

4.1 Rostered day off: The 19 day month, as provided in Clause 3, Hours, of this Award if worked will be implemented in accordance with this clause. An employee is to accrue 0.4 of an hour (ie, 24 minutes) for each eight hour shift or day worked to give an entitlement to take an accrued rostered day off in each four week cycle as though worked.

(a) Each day of paid leave taken (including annual leave but not including long service leave) and any public holiday occurring during any cycle of four weeks will be regarded as a day worked for accrual purposes. Accrued days off will not be regarded as part of annual leave for any purpose.

(b) Notwithstanding the provisions of paragraph (a) of this subclause, an employee will be entitled to no more than 12 paid accrued days off in any twelve months of consecutive employment.

(c) An employee who has not worked a complete four week cycle in order to accrue a rostered day off, will be paid a pro-rata amount for credits accrued for each day worked in such cycle payable for the rostered day off or, in the case of termination of employment, on termination, (ie an amount of 24 minutes for each 8 hour day worked).

(d) By mutual agreement between the employer and employee concerned, the employer may fix one work day in every fourth week as an accrued rostered day off.

4.2 Accumulation: The employee may accrue sufficient accrued days off to enable such days to be taken as rostered days off to a maximum block of five (5) days at any one time in any twelve (12) months of consecutive employment, but no two (2) blocks of rostered days off are to follow on consecutively.

4.3 Part-time Employees:

(a) Working over 5 days: A part-time employee who is regularly rostered to work ordinary hours over five (5) days per week may accrue an entitlement to rostered days off in the same ratio of weeks worked to accrued days as that accrued by a weekly employee. Such rostered days off will then be taken in accordance with this clause. For every ordinary hour paid for, payment to

the employee of one twentieth (5%) of the hourly rate will be withheld by the employer and then paid in the pay week in which the employee’s rostered day off is taken.

(i) Before 28 August 2000: A part time-employee employed before 28 August 2000 may choose to be paid the appropriate higher hourly rate (that is a rate based on a 38 hour divisor) as set out in clause 7(ii)(b) of the Award referred to in clause 14 of this Award in lieu of accruing an entitlement to rostered days off subject to mutual agreement between employer and employee. A notation of such agreement must be kept in the Time and Wages Records.

(ii) On or after 28 August 2000: A part-time employees engaged on or after 28 August 2000, may be paid the higher rate instead of having rostered days off.

(b) Working less than 5 days: A part-time employee who works less than five (5) days per week shall be paid for all hours worked (on the basis of a 38 hour divisor) subject to clause 9(ii), of the Award referred to in clause 14 instead of having rostered days off.

4.4 Casual Employees: A casual employee as defined in Clause 6 of this Award will be paid for all hours worked and does not accrued days off prescribed by this clause.

4.5 Notice: Except as provided by subclause 4.8, an employee will be advised by the employer at least four weeks in advance of the day or days they are to be rostered off duty.

4.6 Substitution: An individual employee with the agreement of the employer may substitute the day he or she is rostered off duty for another day.

4.7 Payment of Wage: Subject to clause 8, of this Award, where an employee is paid by cash or cheque and such employee is rostered off duty on a day which coincides with pay day, such employee will be paid no later than the working day immediately following pay day.

4.8 Accumulation: Rostered days off may accumulate in accordance with clauses 4.1(d) and 4.2 of this Award.

4.9 Rostered Day Off Falling on a Public Holiday: Where an employee’s rostered day off falls on a public holiday the employee and the employer are to agree to the substitution of an alternative day off. However, where agreement is not reached the substituted day may be determined by the employer.

4.10 Sick Leave and Rostered Days Off: An employee is not eligible for sick leave in respect of absences on rostered days off as such absences are outside the ordinary hours of duty.

4.11 Compassionate Leave and Rostered Days Off: An employee will not be entitled to payment for compassionate leave in respect of absences on rostered days off as such absences are outside the ordinary hours of duty.

4.12 Work on Rostered Day Off: Except as provided in subclause 4.6 of this clause, any employee required to work on a rostered day off shall be paid in accordance with the provisions of Clause 12, Overtime, of the Miscellaneous Workers Kindergartens and Child Care Centres (State) Award.

5. Crib Break

Thirty minutes will be allowed to employees for a midday child-free crib break if such employee’s shift exceeds five hours from commencement of work. Such crib break will be counted as time worked. An employee will not be required to care for or supervise children during such break.

See Children Care and Protection Act 1996 for provisions relating to supervision of children.

6. Casual Employment

6.1 Engagement: Casual employee means an employee engaged and paid as such for a period of not more than ten (10) consecutive working days for each engagement (but will not include employees who are required to work a constant number of ordinary hours per week).

6.2 Loading: Casual employees, for each hour worked during the ordinary time will be paid the hourly equivalent of the minimum weekly wage prescribed by this Award for the class of work performed by them, plus 15% of such hourly equivalent.

6.3 Minimum start: Casual employees will be paid a minimum of four hours for each start.

6.4 Positions Available: Casual employees will be regularly advised of permanent positions available.

7. Sick Leave

7.1 Absence from work: If an employee is absent from work, except on account of personal illness or incapacity not due to the employee’s serious and wilful misconduct, a proportionate deduction will be made from their wages for the time lost by them.

7.2 Evidence of illness: The employee is to furnish to the employer such evidence as the employer may desire that the employee was unable by reason of such illness or injury to attend for duty on the day or days for which sick leave is claimed. A Statutory Declaration will be accepted in respect of any single day absences, but not more than two such declarations will be accepted in any one year.

7.3 Amount of sick leave: Subject to subclause 7.5 of this clause, the employer will not be liable to pay an employee for absence due to sickness for more than ten (10) days in each year of employment.

7.4 Accumulation of untaken sick leave: An employee who has been continuously employed by the SDN Children’s Services may accumulate any unclaimed sick pay each year for an unlimited period which may be drawn upon at such time as absence on account of sickness warrants.

7.5 Sick leave in first year: During the first year employment only an employee will be entitled to sick leave on the following basis:

During the first month of service 1 day At 1 months’ completed service 2 days At 2 months’ completed service 3 days At 3 months’ completed service 4 days At 4 months’ completed service 5 days At 5 months’ completed service 6 days At 6 months’ completed service 7 days At 7 months’ completed service 8 days At 8 months’ completed service 9 days At 9 months’ completed service 10 days

7.6 Inform employer: The employee must, as soon as reasonably practicable and in any case within twenty four hours of the commencement of such absence, inform the employer of their inability to attend for duty and, as far as possible, state the nature of the injury or illness and the estimated duration of the absence.

7.7 Workers Compensation: The employer will not be liable for sick pay to any employee whose illness is due to an accident covered by Workcover.

7.8 Attendance at hospital, etc: Notwithstanding anything contained in subclause 7.1, of this clause, a weekly employee suffering injury through an accident arising out of and in the course of their employment (not being an injury in respect of which he/she is entitled to workers’ compensation)

necessitating their attendance during working hours on a doctor, chemist or trained nurse, or at a hospital, will not suffer any deduction from his pay for that time (not exceeding four hours) so occupied on the day of the accident and will be reimbursed by the employer for all expenses reasonably incurred in connection with such attendance and expenses will include fares.

8. Payment of Wages

8.1 Time of Payment: Wages will be paid weekly or fortnightly in ordinary working time. An employee kept waiting after the normal ceasing time for the payment of wages will be paid at overtime rates from the normal ceasing time until payment is made. Casual employees will be paid within five (5) days of the termination of employment.

8.2 Method of payment: The employee may be paid their wages by cheque or direct transfer into the employee’s bank (or other recognised financial institution) account.

9. In-Service

9.1 In-service: Employees may attend in-service courses outside the employee’s normal hours.

9.2 Notice: Adequate notice is to be given to an employee of approved in-service courses.

9.3 Courses: Such courses will be for a total maximum of eleven (11) hours and a total maximum of sixteen (16) hours for each employee in each consecutive year of employment.

9.4 Saturdays: Attendance at an in-service course on a Saturday for 4 hours or more will be deemed to amount to 10 hours of in-service training. Attendance for less than 4 hours on a Saturday will be deemed to amount to 5 hours of in-service training.

9.5 Leave: Employees attending such courses for 10-16 hours or the deemed equivalent as provided in subclause 9.4 of this clause, will receive 2 days leave at ordinary time rates for their particular classification.

9.6 "In-Service": will include staff meetings, parent meetings and committee meetings.

10. Salary Sacrifice

An employee may choose a salary sacrifice arrangement as approved by the SDN Children’s Services Board.

11. Superannuation

An employee may choose AMP or HESTA or Asset Super for their 3% award superannuation.

12. Dispute Resolution

12.1 Discussion on the job: Any grievance or dispute which arises must, where possible, be settled by discussion on the job between the employee and the employee’s Centre Director.

12.2 Discussion at next level: If the matter is not resolved on the job, the matter will be further discussed between the affected employee, and the Early Childhood Services Consultant. The affected employee will be entitled if they request to have in attendance at such discussions the Union Delegate or contact.

12.3 Discussion with union: If no agreement is reached the Union organiser and Union delegate or contact and affected employee will discuss the matter with the Early Childhood Services Consultant or other nominated representative of the employer.

12.4 Work normally: Whilst the foregoing procedure is being following work must continue normally. No party will be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

12.5 Commission: Should the matter still not be resolved it may be referred by the parties to the Industrial Commission of New South Wales for settlement.

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

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

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

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

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

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

Notes:

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

14. Award to Apply

Except as varied by this Award, the provisions of the Miscellaneous Workers’ Kindergartens and Child Care Centres (State) Award and any variations thereto or any award made resulting or replacing that award is to apply to and govern the conditions of the appropriate classes of employees covered by this Award.

This Award rescinds and replaces the Miscellaneous Worker’s - Kindergartens and Child Care Centres (SDN Children’s Services) (Conditions of Employment) (State) Award published 10 November 1995 and award review published 31 August 2001 (327 I.G. 473).

This Award applies to all persons employed by SDN Children’s Services Inc in long day care centres within the jurisdiction of the Kindergartens (State) Conciliation Committee.

This award will take effect from the beginning of the first pay period to commence on or after 1 December 2001 and remain in force thereafter for a period of twelve months.

M. SCHMIDT J.

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(1402) SERIAL C1270 LUNA PARK ENTERPRISE AWARD 1999

Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.

(No. IRC 1755 of 2000)

Before The Honourable Justice Marks 23 May 2000

VARIATION

1. Insert after the last paragraph of clause 7, Classification Descriptions, of the award published 3 November 2000 (319 I.G. 1176), the following new description:

Kiosk Operators (including retailing of Novelties, Memorabilia, Confectionery, and Hot and Cold Snack Foods).

2. Delete subclause (a) of clause 10, Payment of Wages, and insert in lieu thereof the following:

(a) Employees shall be paid in cash for the week ending on the previous Sunday at the following times:

Wednesday 9:00 am to 12 noon Friday 9:00 am to 4:00 pm Saturday 10:45 am to 11:45 am 4:45 pm to 5:15 pm Sunday 10:45 am to 11:45 am

3. Delete subclause (b) of clause 11, Meal Breaks, and insert in lieu thereof the following:

(b) Where work goes beyond five consecutive hours an unpaid break of not less than 30 minutes will be granted, no earlier than four hours after the engagement commences and will end no later than six hours after the commencement of the shift.

4. This variation shall take effect on and from 23 May 2000.

F. MARKS J.

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(128) SERIAL C1152 MM KEMBLA PRODUCTS (CLERICAL AND ADMINISTRATIVE EMPLOYEES) ENTERPRISE BARGAINING AWARD

Application by the Federated Clerks' Union of Australia, New South Wales Branch, industrial organisation of employees.

(No. IRC 4017 of 2001)

Before Mr Deputy President Grayson 25 June 2001

VARIATION

1. Delete subclause (iv) of clause 5, Wages of the award published 19 March 1993 and award review published 14 July 2000 (317 I.G. 81) as varied, and insert in lieu thereof the following:

(iv) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:

(a) any equivalent overaward payments; and/or

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

2. Delete Part B, Monetary Rates and insert in lieu thereof the following:

PART B

MONETARY RATES

TABLE 1 - Wages

(i) Adults - The minimum rates of wages per week shall be as follows:

Grade Weekly Rate SWC 2001 Weekly Rate Pre SWC 2001 $ $ $ 1 483.80 13.00 496.80 2 502.20 15.00 517.20 3 515.40 15.00 530.40 4 529.00 15.00 544.00 5 542.40 15.00 557.40 6 553.60 15.00 568.60 7 567.20 15.00 582.20

(ii) Juniors - The minimum rates of wages per week for junior employees shall be as follows:

Computer Operators-

Age Former Weekly Rate SWC 2001 Weekly Rate $ % $ At 17 years of age 306.85 3 316.05 At 18 years of age 359.70 3 370.50 At 19 years of age 402.50 3 414.60 At 20 years of age 454.90 3 468.55

All other Junior Employees-

Age Former Weekly Rate SWC 2001 Weekly Rate $ % $ At 16 years of age 256.95 3 264.65 At 17 years of age 297.55 3 306.50 At 18 years of age 350.65 3 361.15 At 19 years of age 392.90 3 404.70 At 20 years of age 446.00 3 459.40

TABLE 2 - Other Rates and Allowances

Item No. Clause No. Brief Description Amount $ 1 7(iii) Shift Work Allowance: Afternoon Shift 75.00 Night Shift 84.70 Permanent Night Shift 103.50 2 7(vii)(b) Shift Work (meal money) 9.60 3 8(ii)(d) Meal Allowance (Overtime) 9.60

3. This variation shall take effect from the first full pay period to commence on or after 8 July 2001.

J. P. GRAYSON D.P.

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(414) SERIAL C1194 JOURNALISTS (THE OPEN ROAD PUBLISHING CO.) CONSOLIDATED AWARD

Application by the Media, Entertainment and Arts Alliance New South Wales, industrial organisation of employees.

(No. IRC 6117 of 2001)

Before Commissioner McKenna 26 September 2001

VARIATION

1. Delete subclause (a) of Table 1 - Rates of Pay, of Part B, Monetary Rates, of the award published 12 November 1969 and award review published 23 March 2001 (323 I.G. 353), as varied, and insert in lieu thereof the following:

Previous Minimum SWC Total Minimum Classification Weekly Rates of Pay 2001 Weekly Rate $ $ $ A1 Grade 849.00 17.00 866.00 A Grade 738.30 17.00 755.30 B Grade 650.90 17.00 667.90 C Grade 568.80 15.00 583.80 D Grade 498.90 13.00 511.90

2. Delete subclause (d), Payment of Wages, appearing under the heading Minimum Pay, of Part B, Monetary Rates, and insert in lieu thereof the following:

(d) The rates of pay in this award include the adjustments payable under the State Wage 2001. These adjustments may be offset against:

(i) any equivalent overaward payments; and/or

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

3. This variation shall take effect from the first pay period to commence on or after 26 September 2001.

D. S. McKENNA, Commissioner.

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(396) SERIAL C1185 JOURNALISTS &c. (CONDE NAST PUBLICATIONS) AWARD 2001

(No. IRC 6115 of 2001)

VARIATION

1. Delete clause 11, Minimum Rates of Pay, of the award published 7 December 1983 and award review published 17 May 2002 (333 I.G. 640) and insert in lieu thereof the following:

11. Minimum Rates of Pay

(a) The minimum weekly award rate or payment of a member classified under this award shall be as follows:

Classification Minimum Weekly Rates Of Pay ($) Grade 1 556.70 Grade 2 630.00 Grade 3 733.60 Grade 4 785.50 Grade 5 849.00 Grade 6 889.70 Grade 7 954.40 Grade 8 983.70 Grade 9 1,121.20

The minimum weekly rate of pay prescribed in this clause includes an allowance of six percent for the member being required to use a visual display terminal to create camera ready copy.

(b) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:

(i) any equivalent overaward payments, and/or

(ii) award wage increase since 20 May 1991 other than safety net, State Wage Case and Minimum rates adjustments.

2. This variation shall take effect on and from the first full pay period to commence on or after 20 September 2001.

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Printed by the authority of the Industrial Registrar. (527) SERIAL C1193 JOURNALISTS, &c. (FEDERAL PUBLISHING COMPANY PTY LTD) AWARD 1995

(No. IRC 6118 of 2001)

VARIATION

1. Delete subclause (iii) of Minimum Rates of Pay, of Part B, Monetary Rates, of the published 22 September 1995 and award review published 12 April 2001 (323 I.G. 1106), as varied, and insert in lieu thereof the following:

(iii) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:

(A) any equivalent overaward payments; and/or

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

2. Delete Table 1 - Rates of Pay, and Table 2 - Other Rates and Allowances, of the said Part B, and insert in lieu thereof the following:

Adjusted to include Classification Former Rate Per SWC New Minimum Rate Per Week 2001 Week $ $ $ Band One - AJA 1 465.60 13.00 478.60 AJA 2 520.60 15.00 535.60 AJA 3 616.40 17.00 633.40 AJA 4 659.40 17.00 676.40 Band Two - AJA 5 702.90 17.00 719.90 AJA 6 753.00 17.00 770.00 AJA 7 808.30 17.00 825.30

Table 2 -Other Rates and Allowances

Item No Clause No Classification Previous SNA New Rate Rate 2001 $ $ 1 12(iii) Meal Allowances 11.44 3% 11.78 2 12(iv) Photographers Equipment 49.74 3% 51.25 3 16(iii)(d) Spectacles - Cost of frames 91.17 3% 93.90 4 28(i) Duplicating Copy - Minimum per 0.04 3% 0.045 line 3. This variation shall take effect from 20 October 2001.

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(119) SERIAL C1151 CLERICAL AND ADMINISTRATIVE EMPLOYEES (ONESTEEL WIRE PTY LTD - NEWCASTLE ROPERY) AWARD

(No. IRC 4109 of 2001)

Before Commissioner Murphy 26 July 2001 and 27 March 2002

VARIATION

1. Delete paragraph (b) of subclause (x) of clause 1, Classification Structure and Salaries, of the award published 4 September 1998 (306 I.G. 397), as varied, and insert in lieu thereof the following:

(1) any equivalent overaward payments, and/or

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

2. Delete subclauses (i) and (iii) of Table 1 - Salaries, of Part B, Monetary Rates, and insert in lieu thereof the following:

(i) Adults -

Grade Former Weekly Rate SWC Weekly Award Pre SWC 2001 2001 Rate $ $ $ Grade 5 592.50 17.00 609.50 Grade 4 533.90 15.00 548.90 Grade 3 492.20 15.00 507.20 Grade 2 460.50 13.00 473.50 Grade 1 439.60 13.00 452.60

(iii) Juniors - The minimum rates of salaries per 38-hour week for junior employees shall be:

(a) Stenographer, comptometer operator, ledger posting or similar accounting machine operator, data processing machine operator, tabulating machine operator, computer operator, card punch machine operator, verifier operator:

(b) All other junior employees:

Age Former Rate Per Week SWC 2001 Weekly $ % $ Under 17 years of age 171.75 3 176.90 At 17 years of age 215.15 3 221.60 At 18 years of age 263.60 3 271.50 At 19 years of age 298.95 3 307.90 At 20 years of age 351.80 3 362.35

3. Delete Table 2 - Other Rates and Allowances of the said Part B and insert in lieu thereof the following:

Item No. Clause No. Brief Description Amount $ 1 10(1)(a) Shift clerks - rotating shifts 38.10 2 10(1)(a) Shift clerks - additional shift allowance 25.10

3 10(1)(b)(i) Day shift, night shift 38.10 4 10(1)(b)(ii) Day shift, afternoon shift 32.20 5 10(1)(b)(iii) Day shift, day shift, afternoon shift 32.20 6 10(1)(b)(iv) Day shift, day shift, night shift 32.20 7 10(1)(c) Junior shift clerks 38.10 8 10(1)(d) Adult shift clerks working only afternoon and/or night shifts 51.00 9 10(3) Afternoon or night shift - other shift system 15.20 10 14(4)(c)(ii) Overtime for more than 11/2 hours - meal allowance 8.25

4. This variation shall take effect from the first full pay period to commence on or after 5 September 2001.

J. P. Murphy, Commissioner.

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(121) SERIAL C1157 CLERICAL AND ADMINISTRATIVE EMPLOYEES (ONESTEEL MANUFACTURING PTY LTD) AWARD

(No. IRC 4150 of 2001)

VARIATION

(a) any equivalent overaward payments, and/or

2. Delete subclauses (i) and (ii) of Table 1 - Salaries, of Part B, Monetary Rates, and insert in lieu thereof the following:

(i) Adults

Former Weekly Rate SWC 2001 Weekly Award Grade Pre SWC 2001 Rate $ $ $ 5 592.50 17.00 609.50 4 533.90 15.00 548.90 3 492.20 15.00 507.20 2 460.50 13.00 473.50 1 439.60 13.00 452.60

(ii) Juniors - The minimum rates of salaries per 38-hour week for junior employees shall be:

(a) Stenographer, comptometer operator, ledger posting or similar accounting machine operator, data processing machine operator, tabulating machine operator, computer operator, card punch machine operator, verifier operator -

(b) All other junior employees -

Age Former Rate Per Week SWC 2001 Weekly Rate $ % $ Under 17 years of age 171.75 3 176.90 At 17 years of age 215.15 3 221.60 At 18 years of age 263.60 3 271.50 At 19 years of age 298.95 3 307.90 At 20 years of age 351.80 3 362.35

3. Delete Table 2 - Other Rates and Allowances, of the said Part B and insert in lieu thereof the following:

Item No. Clause No. Brief Description Amount $ 1 10(1)(a) Shift clerks - rotating shifts 38.10 2 10(1)(a) Shift clerks - additional shift allowance 25.10 3 10(1)(b)(i) Day shift, night shift 38.10 4 10(1)(b)(ii) Day shift, afternoon shift 32.20

5 10(1)(b)(iii) Day shift, day shift, afternoon shift 32.20 6 10(1)(b)(iv) Day shift, day shift, night shift 32.20 7 10(1)(c) Junior shift clerks 38.10 8 10(1)(d) Adult shift clerks working only afternoon and/or night shifts 51.00 9 10(3) Afternoon or night shift - other shift system 15.20 10 14(4)(c)(ii) Overtime for more than 1½ hours - meal allowance 8.25

J. P. MURPHY, Commissioner.

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(132) SERIAL C1153 CLERICAL AND ADMINISTRATIVE EMPLOYEES (ONESTEEL WIRE PTY LTD - NEWCASTLE WIREMILL) AWARD

(No. IRC 4151 of 2001)

VARIATION

The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:

(a) any equivalent overaward payments, and/or

2. Delete subclauses (i) and (ii) of Table 1 - Salaries, of Part B, Monetary Rates, and insert in lieu thereof the following:

(i) Adults -

Former Weekly Rate SWC 2001 Weekly Award Grade Pre SWC 2001 Rate $ $ $ 5 592.50 17.00 609.50 4 533.90 15.00 548.90 3 492.20 15.00 507.20 2 460.50 13.00 473.50 1 439.60 13.00 452.60

(ii) Juniors - The minimum rates of salaries per 38-hour week for junior employees shall be:

(a) Stenographer, comptometer operator, ledger posting or similar accounting machine operator, data processing machine operator, tabulating machine operator, computer operator, card punch machine operator, verifier operator -

(b) All other junior employees -

Age Former Rate Per Week SWC 2001 Weekly Rate $ % $ Under 17 years of age 171.75 3 176.90 At 17 years of age 215.15 3 221.60 At 18 years of age 263.60 3 271.50 At 19 years of age 298.95 3 307.90 At 20 years of age 351.80 3 362.35

3. Delete Table 2 - Other Rates and Allowances, of the said Part B and insert in lieu thereof the following:

Item No. Clause No. Brief Description Amount $ 1 10(1)(a) Shift clerks - rotating shifts 38.10 2 10(1)(a) Shift clerks - additional shift allowance 25.10 3 10(1)(b)(i) Day shift, night shift 38.10 4 10(1)(b)(ii) Day shift, afternoon shift 32.20 5 10(1)(b)(iii) Day shift, day shift, afternoon shift 32.20 6 10(1)(b)(iv) Day shift, day shift, night shift 32.20 7 10(1)(c) Junior shift clerks 38.10

8 10(1)(d) Adult shift clerks working only afternoon and/or night shifts 51.00 9 10(3) Afternoon or night shift - other shift system 15.20 10 14(4)(c)(ii) Overtime for more than 1½ hours - meal allowance 8.25

J. P. MURPHY, Commissioner.

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(1096) SERIAL C1204 KELLOGG (AUST) PTY LTD BOTANY (NUW) CONSENT AWARD 1999

Application by Kellogg (Aust) Pty Ltd.

(No. IRC 5988 of 2001)

Before The Honourable Justice Haylen 3 October 2001

VARIATION

1. Delete subclauses (h), (k) and (l) of clause 39, Consultative Committee and On Site Union Activity, of the award published 15 December 2000 (321 I.G. 106), as varied, and insert in lieu thereof the following:

(h) For the purposes of this Award the Consultative Committee shall consist of six (6) Delegates, comprising the following:

(a) one (1) from each crew;

(b) one (1) from the Processing department; and

(c) one (1) Delegate from the Packaging department.

(k) Where proceedings, involving the Company and the National Union of Workers', relating to disputes at the Botany site or alleged unfair dismissals, are scheduled before the Industrial Relations Commission of New South Wales, payment will be made at the ordinary rate, exclusive of shift allowance, for one Delegate for attendance during such proceedings. A delegate who is normally rostered to work during the scheduled proceeding will be paid at the ordinary rate, inclusive of shift allowance, for attendance during such proceedings and a delegate who is not normally rostered to work during the scheduled proceeding will be paid at the ordinary rate, exclusive of shift allowance, for attendance during such proceedings.

The Delegate who is to be paid for his / her attendance in such circumstances shall be determined by the Union prior to the proceedings. In such circumstances, the Company shall have the right to cover the attending Delegate’s position through the utilisation of casual labour in the performance of any work covered by this Award, prior to the offering of overtime to permanent employees.

The minimum payment for Delegates attending Industrial Relations Commission proceedings will be two (2) hours. In the case of a night shift Delegate who attends such proceedings, and is rostered to attend for work on the evening of the day of the proceedings, the following provisions shall apply:

(i) In cases where the duration of the proceedings is two (2) hours or less, the Delegate shall be required to report for work at 9.00pm, without loss of pay, inclusive of shift allowance.

(ii) In cases where the duration of the proceedings extends beyond two (2) hours, the Delegate shall have the following options:

(a) be paid for the duration of the proceedings and take paid time off work for a number of hours equivalent to the duration of the proceedings, or,

(b) take a twelve (12) hour break commencing at the completion of the proceedings, without loss of pay, inclusive of shift allowance. When this option is exercised, the time spent in attendance at the proceedings will be unpaid. Should the Delegate(s) choose not to attend work following the twelve (12) hour break, the time between the completion of the twelve (12) hour break and the usual shift finishing time will be unpaid.

(l) In circumstances where appropriate coverage for the attending Delegate cannot be secured through the utilisation of casual labour, the Delegate attending shall ensure that appropriate shift coverage is available, so that manning levels can be maintained. Employees providing coverage in these circumstances will be paid at the overtime rate for all time worked.

2. This variation shall take effect on and from 3 October 2001.

W. R. HAYLEN J.

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(722) SERIAL C1102 HEALTH EMPLOYEES CONDITIONS OF EMPLOYMENT (STATE) AWARD

Application by the Health Administration Corporation.

(No. IRC 8219 of 2001)

Before Commissioner McLeay 18 December 2001

VARIATION

1. Insert into clause 1, Arrangement, of the award published 6 November 1998 (307 I.G. 88), as varied, the following new clause number and subject matter and renumber clauses 43, Area, Incidence and Duration and 44, No Extra Claims, to read as clauses 44 and 45 respectively:

43. Salary Packaging

2. Renumber clauses 43, Area, Incidence and Duration, and 44, No Extra Claims, to read as clauses 44 and 45 respectively.

3. Insert after clause 42, Trade Union Leave, the following new clause 43:

43. Salary Packaging

1. By agreement with their employer, employees may elect to package a portion (but no more than 50%) of their salary in accordance with this clause, to obtain a range of benefits as set out in the NSW Health Services Salary Packaging Policy and Procedure Manual, as amended from time to time. Such election must be made prior to the commencement of the period of service to which the earnings relate. Where an employee also elects to salary sacrifice to superannuation under this award, the combined amount of salary packaging/sacrificing shall not exceed 50% of salary.

2. Where an employee elects to package a portion of salary:

(a) Subject to Australian taxation law, the packaged portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that packaged portion.

(b) Any allowance, penalty rate, overtime payment, payment for unused leave entitlements, weekly workers’ compensation, or other payment other than any payment for leave taken in service, to which an employee is entitled under this award or statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under this award in the absence of any salary packaging or salary sacrificing made under this award.

(c) ‘Salary’ for the purpose of this clause, for superannuation purposes, and for the calculation of award entitlements, shall mean the award salary as specified in Clause 4 Salaries, and which shall include ‘approved employment benefits’ which refer to fringe benefit savings, administration costs, and the value of packaged benefits.

3. The salary packaging scheme utilises the Public Benevolent Institution (PBI) taxation status, which provides for a fringe benefits tax exemption cap of $17,000 per annum. The maximum amount of fringe benefits-free tax savings that can be achieved under the scheme is where the value of benefits when grossed-up, equal the fringe benefits exemption cap of $17,000. Where the grossed-up value exceeds the cap, the employer is liable to pay fringe benefits tax on the amount in excess of $17,000, but will pass this cost on to the employee. The employer’s share of savings, the combined administration cost, and the value of the package benefits, are deducted from pre tax dollars.

4. The parties agree that the application of the fringe benefits tax exemption cap and the PBI status of NSW Health Services are subject to prevailing Australian taxation laws.

5. If an employee wishes to withdraw from the salary packaging scheme, the employee may only do so in accordance with the required period of notice as set out in the Salary Packaging Policy and Procedure Manual.

6. Where an employee ceases to salary package, arrangements will be made to convert the agreed package amount to salary. Any costs associated with the conversion will be borne by the employee, and the employer shall not be liable to make up any salary lost as a consequence of the employee’s decision to convert to salary.

7. Employees accepting the offer to salary package do so voluntarily. Employees are advised to seek independent financial advice and counselling to apprise them of the implications of salary packaging on their individual personal financial situations.

8. The employer and the employee shall comply with the procedures set out in the NSW Health Services Salary Packaging Policy and Procedure Manual as amended from time to time.

4. This variation shall take effect on or after 1 January 2002.

J. MCLEAY, Commissioner.

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(383) SERIAL C1240 THE NORTHCOTT SOCIETY (STATE) AWARD

Application by The Health and Research Employees' Association of New South Wales, industrial organisation of employees.

(No. IRC 8369 of 2001)

Before Commissioner McKenna 28 December 2001

VARIATION

1. Insert after subclause B, Shift Workers, of clause 24, Hours of Work of the award published 8 September 2000 (318 I.G. 490), as varied, the following new subclause:

(C) Sleepovers -

(a) For the purposes of enabling the employer to facilitate the provision of its Flexible Respite Care Service, a ‘sleepover’ can be utilised by the employer. A sleepover means an employee sleeping in at night in order to be available to attend to any urgent situation that cannot be dealt with by another employee, or dealt with at the end of the shift, that may arise during the sleepover period.

(ii) The following conditions shall apply to a sleepover:

(a) the undertaking of a sleepover will only be by way of mutual agreement between the employer and employee, and as such the rostering arrangements for sleepovers will not be subject in themselves to Clause 25(ii) - Roster of Hours, although all attempts are to be made by the employer to roster such requirements at least one (1) week in advance.

(b) the undertaking of a sleepover will only occur in relation to the provision of Flexible Respite Care at either;

(1) the private residence/home of the person subject to the provision of Flexible Respite Care; or

(2) the designated Flexible Respite Care Unit at the Beverley Park facility of the employer located at Chamberlain Street, Campbelltown, or any other facility as agreed to by the parties.

(c) a sleepover will consist of eight (8) continuous hours and shall not commence earlier than 10pm nor finish later than 7am.

(d) an employee who agrees to undertake a sleepover will be paid the allowance per sleepover as set out in Part B, Monetary Rates and Allowances.

(e) any work in excess of one (1) hour in total undertaken during a sleepover will be paid for, in addition to the sleepover allowance, at overtime rates for full-time employees, with the ordinary time rate being applicable for permanent part-time and casual employees except when the total number of hours worked on that day exceeds ten (10) or in the week exceeds thirty eight (38), in which case the overtime rate will apply.

(f) any work directed by the employer to be undertaken by an employee during a sleepover which is not of an urgent situation that cannot be dealt with by another employee, or dealt with at the end of the shift, shall be paid for at overtime rates, with a minimum payment of two hours in such circumstances.

(g) a sleepover may by agreement with the employee be rostered to commence immediately at the conclusion of an employee’s shift and continuous with that shift and/or immediately prior to an employee’s shift and continuous with that shift.

(h) an employee who performs work during a sleepover so that they have not had at least eight consecutive hours off duty prior to commencing their next rostered shift shall, subject to this sub-clause, be released after the completion of the sleepover until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instruction of the employer such an employee resumes or continues to work without having eight consecutive hours off duty they shall be paid at double time of the appropriate rate applicable on such day until they are released from duty.

(iii) When undertaking a sleepover, the employee will be provided with the following amenities:

(a) when undertaken at a private residence/home, amenities will be available as such that will ordinarily enable the employee to have a reasonable night’s sleep, which will include a bed and other suitable sleeping requirements, along with access to facilities for the purposes of personal hygiene.

(b) when undertaken at the employer’s facility noted in subclause (b)(2) of this clause, amenities are to be available as such that will ordinarily enable the employee to

have a reasonable night’s sleep. These will include a vacant room provided with a bed and suitable sleeping requirements, appropriate communication facilities so that assistance may be summoned if required, along with access to facilities for the purposes of personal hygiene and the taking of meals. (iv)

(a) The employer undertakes that, in consultation with the Association, sleepover practices will be reviewed at six (6) monthly intervals, which may also include the identification of those cases were a night shift may be deemed more suitable than a sleepover. Such reviews during the life of this award will also contribute towards the arrangements established in any new award for sleepover practices and remuneration.

(b) However, in the event of any difficulty or dispute that may arise in relation to a particular sleepover or sleepover practices, the employer and Association will seek to achieve resolution to the issue or matter by utilising the procedures established in Clause 30 - Disputes Procedures.

2. Delete Allowances appearing at the end of Part B, Monetary Rates and Allowances, and insert in lieu thereof the following:

Allowances 1/07/1999 1/07/2000 1/07/2001 $ $ $ Therapists required to supervise student per day/shift 4.20 4.20 4.20 placements Sleepovers (Clause 24(C)) per shift N/A N/A $46.00* 3. This variation shall take effect on or from 17 December 2001.

______

(950) SERIAL C1227 HEALTH, FITNESS AND INDOOR SPORTS CENTRES (STATE) AWARD

Application by the Australian Workers' Union, New South Wales, industrial organisation of employees.

(No. IRC 1326 of 2002)

Before The Honourable Justice Wright, President 22 April 2002

VARIATION

1. Delete paragraph (e) of subclause (vi) of clause 27A, Traineeships, of the award published 4 June 1999 and award review published 4 May 2001 (324 I.G. 497), as varied, and insert in lieu thereof the following:

(e) Appendix A sets out the skill level of a Traineeship. Where the actual traineeship is listed in Appendix A the skill level in respect of the traineeship is determinative of the actual rate of pay or skill levels (i.e., skill levels A, B or C) that are contained in the Traineeship. The determination of the appropriate rate of pay or skill level for the purpose of determining the appropriate wage shall be based on the following criteria:

(i) Any agreement of the parties or submission by the parties;

(ii) The nature of the industry;

(iii) The total training plan;

(iv) Recognition that training can be undertaken in stages;

(v) The exit skill level in the award contemplated by the traineeship.

2. Delete Appendix A, Skill Levels For Qualifications, and insert in lieu thereof the following:

APPENDIX A

Industry/Skill Levels

Industry/Skill Level A

Industry/Skill Level B

Sport & Recreation (Sport & Recreation - Certificate) II

Sport & Recreation (Sport & Recreation - Certificate) III

Sport & Recreation (Career Oriented Participation) Certificate II

Sport & Recreation (Career Oriented Participation) Certificate III

Sport & Recreation (Coaching) Certificate III

Sport & Recreation (Officiating) Certificate II Sport & Recreation (Officiating) Certificate III

Sport & Recreation Sport (Trainer) Certificate III

Sport & Recreation Community Recreation (Instruct) Certificate II

Sport & Recreation Community Recreation Certificate II

Sport & Recreation Community Recreation Certificate III

Sport & Recreation Fitness Certificate III

Sport & Recreation Sport (Massage Therapy) Certificate III

Industry/Skill Level C

3. This variation shall take effect from the first full pay period to commence on or after 22 April 2002.

F. L. WRIGHT J, President.

______

(1289) SERIAL C1116 HEALTH MANAGERS (STATE) AWARD

Application by the Health and Research Employees' Association of New South Wales, industrial organisation of Employees.

(No. IRC 6470 of 2001)

Before Commissioner McLeay 26 October 2001

VARIATION

1. Delete Part B, Monetary Rates, of the award published 6 November 1998 (307 I.G. 73) as varied, and insert in lieu thereof the following:

PART B

MONETARY RATES

Table 1 - Salaries

Classification Current Rates at 1.1.2002 $ Level 1 From 41,769 To 56,185 Level 2 From 54,907 To 65,123 Level 3 From 63,846 To 72,785 Level 4 From 71,508 To 85,554 Level 5 From 84,277

To 94,493

2. This variation shall take effect from the first full pay period to commence on or after 1 January 2002.

J. McLEAY, Commissioner.

______

(4200) SERIAL C1228 AGRICULTURAL, PASTORAL OR HORTICULTURAL SOCIETY'S SHOW (STATE) AWARD

Application by the Shop, Distributive and Allied Employees' Association, New South Wales, industrial organisation of employees.

(No. IRC 677 of 2002)

Before The Honourable Justice Glynn 25 February 2002

VARIATION

1. Insert in numerical order in clause 1, Arrangement of the award published 19 February 1999 and award review published 27 October 2000 (319 I.G. 838), as varied, the following new clause number and subject matter:

12. Commitment to Absorption

2. Delete clause 2, Rates of Pay and insert in lieu thereof the following:

2. Rates of Pay

(i) The hourly rates of pay shall be as follows:

(a) Employees 21 years of age and over - 140 per cent of the rate prescribed in Item 1 of Table 1 - Wages of Part B, Monetary Rates, of the Shop Employees (State) Award as per O'Neill, C decision of 15 June 2001 (327 I.G. 742 Serial C0490), as varied provided that until further variation the thirteen dollar safety net adjustment rate shall be $660.52 (2001 $13.00 safety net adjustment rate: $17.38).

(b) Employees 20 years of age - 90 per cent of the thirteen dollar safety net adjustment rate prescribed in paragraph (a) hereof. Employees 21 years of age and over - 140 per cent of the rate

prescribed in Item 1 of Table 1 - Wages of Part B, Monetary Rates, of the Shop Employees (State) Award as per O'Neill, C decision of 15 June 2001 (327 I.G. 7422 Serial C0490), as varied provided that until further variation the thirteen dollar safety net adjustment rate shall be $594.47 (2001 $13.00 safety net adjustment rate: $15.64).

(c) Employees 18 and 19 years of age - 80 per cent of the thirteen dollar safety net adjustment rate prescribed in paragraph (a) hereof. Employees 21 years of age and over - 140 per cent of the rate prescribed in Item 1 of Table 1 - Wages, of Part B, Monetary Rates, of the Shop Employees (State) Award as per O'Neill, C decision of 15 June 2001 (327 I.G. 742 Serial C0490), as varied provided that until further variation the thirteen dollar safety net adjustment rate shall be $528.42 (2001 $13.00 safety net adjustment rate: $13.91).

(d) Employees 17 years and under - 60 per cent of the thirteen dollar safety net adjustment rate prescribed in paragraph (a) hereof. Employees 21 years of age and over - 140 per cent of the rate prescribed in Item 1 of Table 1 - Wages, of Part B, Monetary Rates, of the Shop Employees (State) Award as per O'Neill, C decision of 15 June 2001 (327 I.G. 742 Serial C0490), as varied provided that until further variation the thirteen dollar safety net adjustment rate shall be $396.31 (2001 $13.00 safety net adjustment $10.43).

(ii) The rates of pay prescribed in subclause (i) of this clause are loaded to compensate the employees for all incidents of the employment and are payable for work done at any hour of the day. Such rates are also loaded to include an amount for annual holidays as provided for by the Annual Holidays Act 1944.

3. Delete clause 5, Meal Allowance, and insert in lieu thereof the following:

5. Meal Allowance

A meal allowance shall be paid to each employee who works more than nine hours, finishing after 6.00pm.

The amount of such meal allowance shall be that prescribed by Item 3 of Table 2 - Other Rates and Allowances, Part B, Monetary Rates, of the Shop Employees (State) Award (2002 rate: $9.40).

4. Insert after clause 11, Area, Incidence and Duration, the following new clause 12:

12. Commitment to Absorption

The rates of pay in this award include the adjustments payable under the State Wage Case of 2001. This adjustment may be offset against:

(i) any equivalent overaward payments; and/or

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

5. This variation shall take effect from the first full pay period to commence on or after 25 February 2002.

L. C. GLYNN J.

______

SERIAL C1191 HOTEL EMPLOYEES (STATE) INDUSTRIAL COMMITTEE

Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

(No. IRC 2844 of 2001)

Before The Honourable Mr Justice Peterson 30 April 2001

The Commission orders that -

1. The Hotel Employees (State) Conciliation Committee published 26 July 1996 (293 I.G. 1302) be dissolved.

2. There be established a new Hotel Employees (State) Industrial Committee for the industries and callings of:

Hotel employees including billiard markers, lift attendants, grooms, stablemen and yardmen, and all persons employed in bars and/or booths in the handling of liquor and in such work as is incidental thereto on showgrounds, racecourses, sports grounds, picnic grounds, etc., or any other place not being a hotel where temporary liquor bars are established for the sale of liquor in the State, excluding the County of Yancowinna;

Excepting -

Engine drivers and firemen, greasers trimmers, cleaners and pumpers, engaged in or about the driving of engines, electrical crane, winch and motor drivers;

Carters and drivers of motor and other power-propelled vehicles; and employees of the Electricity Commission of New South Wales, trading as Pacific Power.

3. The said committee shall consist of one representative of employers and one representative of employees.

4. The representative of employers shall be appointed, upon nomination as prescribed by the Australian Hotels' Association (New South Wales).

5. The representative of employees shall be appointed, upon nomination as prescribed by the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.

6. This order shall take effect on and from 30 April 2001.

R. J. PETERSON, J.

SERIAL C1236 WASTE INDUSTRY COLLECTION AND TRANSPORTATION OF WASTE INDUSTRIAL COMMITTEE

Application by Waste Contractors and Recyclers Association of N.S.W., industrial organisation of employers.

(No. IRC 1045 of 2002)

The Industrial Relations Commission of New South Wales orders that:

1. The Transport Industry - Trade Waste (State) Industrial Committee published 11 September 1998 (306 I.G. 661) be dissolved.

2. There be established a new Waste Industry Collection and Transportation of Trade Waste Industrial Committee for the industries and callings of:

All drivers employed on:

(1) compaction vehicles and other vehicles used for transport and disposal of trade and industrial waste; or

(2) tanker vehicles used for the transport and disposal of liquid trade and industrial waste, and yardmen employed in connection therewith excluding:

(a) employees of municipal and shire councils;

(b) employees engaged on work under contract to municipal and shire councils for the removal of garbage, sullage and trade waste; and

(c) employees who collect trade waste whilst primarily collecting and removing household garbage and sullage under the jurisdiction of the Waste Industry - Collection, Transportation, Recycling and Disposal (State) Industrial Committee and who remove

trade waste using the same equipment and in the same manner as the removal of sullage and of household garbage from garbage bins.

2. The said committee shall consist of two representatives of employers and two representatives of employees.

3. The representatives of employers shall be appointed, upon nomination as prescribed, one by the New South Wales Road Transport Association Inc and one by the Waste Contractors and Recyclers Association of N.S.W.

4. The representatives of employees shall be appointed, upon nomination as prescribed, by the Transport Workers' Union of Australia, New South Wales Branch.

R. J. PETERSON J.

______

SERIAL C1241

WASTE INDUSTRY COLLECTION AND TRANSPORTATION RECYCLING AND DISPOSAL INDUSTRIAL COMMITTEE

Application by Waste Contractors and Recyclers Association of N.S.W., industrial organisation of employers.

(No. IRC 1046 of 2002)

The Industrial Relations Commission of New South Wales orders that:

1. The Transport Industry - Waste Collection and Recycling (State) Industrial Committee published 11 September 1998 (306 I.G. 662) be dissolved.

2. There be established a new Waste Industry Collection and Transportation Recycling and Disposal Industrial Committee for the industries and callings of:

All drivers, loaders, extra hands, operators, forklift drivers and other persons employed in or in connection with the removal, sorting, processing or transferring and disposal of waste including liquid waste, sullage, recyclable materials and night soil, street litter bins erected in public places and sweeping gutters including persons employed at recycling facilities, transfer stations and landfill sites and incinerators in the State, excluding the County of Yancowinna;

excepting all employees of:

Shire, municipal and county councils; The Council of the City of Sydney;

and excepting all employees within the jurisdiction of the Waste Industry - Collection and Transportation of Trade Waste (State) Industrial Committee.

3. The said committee shall consist of two representatives of employers and two representatives of employees.

4. The representatives of employers shall be appointed, upon nomination as prescribed, one by the Waste Contractors and Recyclers Association of N.S.W, and one by the Local Government Association of New South Wales.

5. The representatives of employees shall be appointed, upon nomination as prescribed, by the Transport Workers' Union of Australia, New South Wales Branch.

R. J. PETERSON J.

______

Printed by the authority of the Industrial Registrar. SERIAL C1331

ENTERPRISE AGREEMENTS APPROVED BY THE INDUSTRIAL RELATIONS COMMISSION

(Published pursuant to s.45(2) of the Industrial Relations Act 1996)

EA02/206 - HBL Chemtrans Enterprise Agreement for Sydney 2002 Made Between: HBL Chemtrans Pty Ltd -&- Transport Workers' Union of Australia, New South Wales Branch.

New/Variation: Variation. Replaces EA97/20.

Approval and Commencement Date: Approved and commenced 8 May 2002.

Description of Employees: Applies to the drivers (employees) of HBL Chemtrans Pty Ltd ordinarily based within the Sydney metropolitan area, including proposed locations at Padstow and Botany.

Nominal Term: 8 May 2003.

EA02/207 - The Austral Tiles Production Workers' Agreement 2002 Made Between: The Austral Tile Company Pty Limited -&- The Federated Brick, Tile and Pottery Industrial Union of Australia, New South Wales Branch.

Approval and Commencement Date: Approved 26 April 2002 and commenced 23 April 2002.

Description of Employees: Applies to the production employees of The Austral Tile Company Pty Limited who are engaged in the manufacture of terracotta floor tiles and any other related ceramic products.

Nominal Term: 2 January 2004.

EA02/208 - CSR Limited - Cecil Park Enterprise Agreement 2002 Made Between: CSR Limited -&- The Federated Brick, Tile and Pottery Industrial Union of Australia, New

South Wales Branch.

Approval and Commencement Date: Approved 23 April 2002 and commenced 17 March 2002.

Description of Employees: Applies to production employees employed at the Cecil Park site of CSR Limited.

Nominal Term: 17 March 2004.

EA02/209 - RMS Distribution Services Pty Ltd - National Union of Workers, New South Wales, Enterprise Agreement 2002 Made Between: RMS Distribution Services Pty. Limited -&- National Union of Workers, New South Wales Branch.

Approval and Commencement Date: Approved 1 May 2002 and commenced 1 April 2002.

Description of Employees: Applies to employees of RMS Distribution Services Pty Ltd that fall within the coverage of the Storemen and Packers, General (State) Award.

Nominal Term: 1 April 2004.

EA02/210 - Mayne Logistics Ingleburn Warehouse Enterprise Agreement 2002 Made Between: Mayne Group Limited t/as Mayne Logistics -&- National Union of Workers, New South Wales Branch.

New/Variation: Variation. Replaces EA01/195

Approval and Commencement Date: Approved 9 May 2002 and commenced 25 March 2002.

Description of Employees: Applies to employees of the Mayne Group Ltd trading as Mayne Logistics employed at their Ingleburn warehouse at 93 Williamson Road, Ingleburn, NSW, that fall within the coverage of the Storemen and Packers, General (State) Award.

EA02/211 - National Foods Milk Limited Penrith Electrical Services Agreement 2002-2004 Made Between: National Foods Limited -&- Electrical Trades Union of Australia, New South Wales Branch.

New/Variation: Variation Replaces EA00/312.

Description of Employees: Applies to all employees who are eligible to be members of the Electrical

Trades Union of Australia, New South Wales Branch, in relation to electrical employees employed at National Foods Limited's facility at Castlereagh Road, Penrith, NSW, engaged in maintenance associated with the receival, production and distribution of milk and related products.

EA02/212 - Mayne Logistics Minto Agreement 2002 Made Between: Mayne Group Limited t/as Mayne Logistics -&- National Union of Workers, New South Wales Branch.

Approval and Commencement Date: Approved 22 May 2002 and commenced 4 February 2002.

Description of Employees: Applies to all employees of the Mayne Group Ltd trading as Mayne Logistics at 34/42 Airds Road, Minto, NSW, that fall within the coverage of the Storemen and Packers, General (State) Award.

Nominal Term: 4 February 2004.

EA02/213 - Foseco Pty Limited Padstow Enterprise Agreement Made Between: Foseco Pty Ltd -&- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, The Australian Workers' Union, New South Wales.

Approval and Commencement Date: Approved 22 May 2002 and commenced 1 January 2002.

Description of Employees: Applies only to employees of Foseco Pty Limited at 7 Stuart Street, Padstow, NSW, employed in the following occupation/trades: maintenance, including apprentices; warehouse; production and transport.

EA02/214 - Boral Bricks Pty Limited Albury Manufacturing Site Enterprise Agreement 2002 Made Between: Boral Bricks (NSW) Pty Limited -&- The Federated Brick, Tile and Pottery Industrial Union of Australia, New South Wales Branch.

Approval and Commencement Date: Approved 29 May 2002 and commenced 27 February 2002.

Description of Employees: Applies to employees of Boral Bricks Pty Limited employed at the Company's Albury plant that fall within the coverage of the Brick and Paver Industry (State) Award.

Nominal Term: 31 December 2004.

EA02/215 - CSR Limited - Cecil Park Maintenance Personnel Enterprise Agreement 2002 Made Between: CSR Limited -&- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch.

New/Variation: Variation. Replaces EA01/63

Approval and Commencement Date: Approved 29 May 2002 and commenced 17 March 2002.

Description of Employees: Applies to maintenance employees of CSR Limited employed at the Company's Cecil Park site.

EA02/216 - Eurella Community Services (Supported Employees) Workplace Agreement 2001 Made Between: Eurella Community Services Incorporated -&- Gregory Fallon, Geoffrey Hughes.

New/Variation: New.

Approval and Commencement Date: Approved and commenced 14 February 2002.

Description of Employees: Applies to employees covered by the Australian Liquor, Hospitality and Miscellaneous Workers Union Supported Employment (Business Enterprises) Award 1993 employed by Eurella Community Services.

EA02/217 - Cleary Bros (Bombo) Pty Ltd/AMWU Workshops Enterprise Agreement Made Between: Cleary Bros (Bombo) Pty Ltd -&- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch.

Approval and Commencement Date: Approved and commenced 6 June 2002.

Description of Employees: Applies to employees of Cleary Bros (Bombo) Pty Ltd who are members or eligible to be members of the Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, and are employed as labourers, storepersons, fitters, boilermakers, panel beaters, truck mechanics, field service fitters and leading hands.

Nominal Term: 30 November 2004.

EA02/218 - Bay-Ami Accommodation Inc. Remuneration Packaging Agreement 2002 Made Between: Bay-Ami Accommodation Inc. -&- Martin Bail, Bruce Griffiths.

New/Variation: New.

Approval and Commencement Date: Approved and commenced 19 April 2002.

Description of Employees: Applies to the employees of Bay-Ami Accommodation Inc that fall within the coverage of the Social and Community Services Employees (State) Award and the Clerical and Administrative Employees (State) Award.

Nominal Term: 19 April 2003.

EA02/219 - Midwest Community Care Inc. Remuneration Packaging Agreement 2001 Made Between: Midwest Community Care Inc. -&- Alison Beeston, Ann Bulman, Virginia Epthorp, John Kelly-Moore, Stammer Linda, Narelle Mackander, Niveen Nassif, Gail Saunders.

New/Variation: New.

Approval and Commencement Date: Approved and commenced 14 January 2002.

Description of Employees: Applies to the full-time and part-time employees of Midwest Community Care Inc that fall within the coverage of the Social and Community Services Employees (State) Award and the Clerical and Administrative Employees (State) Award.

Nominal Term: 14 January 2004

EA02/220 - Brambles Steel Services (P.C.I. Plant Operations and Maintenance) Port Kembla Agreement 2002 Made Between: Brambles Steel Services P.C.I. Operations at Port Kembla -&- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, Electrical Trades Union of Australia, New South Wales Branch, The Australian Workers' Union, New South Wales.

New/Variation: New.

Approval and Commencement Date: Approved 6 June 2002 and commenced 1 March 2002.

Description of Employees: Applies to employees of Brambles Steel Services P.C.I. Operations at Port Kembla who are members of or are eligible to be members of the Electrical Trades Union of Australia, New South Wales Branch, the Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, and The Australian Workers' Union, New South Wales.

EA02/221 - Simsmetal Limited Sydney Transport Division Enterprise Agreement 2002 Made Between: Simsmetal Limited -&- Transport Workers' Union of Australia, New South Wales Branch.

Approval and Commencement Date: Approved 15 May 2002 and commenced 1 January 2002.

Description of Employees: Applies to all employees of Simsmetal Limited that fall within the coverage of the Transport Industry - Mixed Enterprises Interim (State) Award.

EA02/222 - Greater Lithgow Employment Agency Enterprise Agreement 2002-2004 Made Between: Greater Lithgow Employment Agency -&- Electrical Trades Union of Australia, New South Wales Branch.

New/Variation: New.

Description of Employees: Applies to all employees of Greater Lithgow Employment Agency who fall within the coverage of the Electrical, Electronic and Communications Contracting Industry (State) Award.

Nominal Term: 31 December 2004.

EA02/223 - Brinks Australia Pty Limited (Sydney Metropolitan) Enterprise Agreement - Armoured Vehicles Made Between: Brinks Australia Pty Ltd -&- Transport Workers' Union of Australia, New South Wales Branch.

Description of Employees: Applies to the employees of Brinks Australia Pty Limited who perform armoured vehicle driver, guard and messenger functions, escort duties, turret guard duties and ATM service duties in the Sydney Metropolitan area.

EA02/224 - Catalyst Recruitment Systems - TWU Enterprise Agreement Made Between: Catalyst Recruitment Systems Ltd -&- Transport Workers' Union of Australia, New South Wales Branch.

New/Variation: New.

Approval and Commencement Date: Approved 18 June 2002 and commenced 11 February 2002.

Description of Employees: Applies to all employees of Catalyst Recruitment Systems Limited performing work that falls within the coverage of the following awards: Milk Treatment &c., and Distribution (State) Award; Motor Bus Drivers and Conductors (State) Award; Transport Industry (State) Award; Transport Industry-Mixed Enterprises (State) Award; Transport Industry-Quarried Materials (State) Award; Transport Industry-Retail (State) Award 1999; Transport Industry-Tourist and Service Coach Drivers (State) Award; Transport Industry-Trade Waste (State) Award; Transport Industry-Waste Collection and Recycling (State) Award; Transport Workers (Airlines) Award 1988; Transport Workers (Oil Companies) Award 1992; Transport Workers (Oil Agents and Contractors) Award 1981; Transport Workers (Steels Aviation Services Pty Ltd) Award 1993; and/or any awards replacing or superseding the above awards in part or whole, within New South Wales.

EA02/225 - Shinagawa Thermal Ceramics Port Kembla Agreement 2002 Made Between: Shinagawa Thermal Ceramics Pty Ltd -&- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, The Australian Workers' Union, New South Wales.

Approval and Commencement Date: Approved and commenced 13 June 2002.

Description of Employees: Applies to the employees of Shinagawa Thermal Ceramics Pty Ltd that fall within the coverage of the Refractory Industry (State) Award or the Metal, Engineering and Associated Industries (State) Award at the Company's Port Kembla site.

EA02/226 - Kensbury Pty Ltd t/as Fagan Fencing Enterprise Agreement 2001-2003 Made Between: Kensbury Pty Ltd T/as Fagan Fencing -&- The Australian Workers' Union, New South Wales.

New/Variation: New.

Approval and Commencement Date: Approved 13 June 2001 and commenced 1 July 2001.

Description of Employees: Applies to all employees of Kensbury Pty Ltd that fall within the coverage of the General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award.

Nominal Term: 1 July 2003.

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