New south wales industrial gazette

23. Personal/Carer’s Leave
23.1 Use of sick leave
23.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 23.1.3.2 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, provided for at clause 22, Sick Leave of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.
23.1.2 The employee shall, if required,
23.1.3.1 establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or
23.1.3.1 establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.
In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.
23.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:
23.1.3.1 the employee being responsible for the care of the person concerned; and
23.1.3.2 the person concerned being:
(1) a spouse of the employee; or
(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

(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:
(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.
23.1.4 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.
Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.
23.1.5 Where the parties are unable to reach agreement the disputes procedure at clause 36, Grievance and Dispute Resolution Procedures, should be followed.
23.2 Unpaid Leave for Family Purpose -
23.2.1 An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 23.1.3.2 above who is ill or who requires care due to an unexpected emergency.
23.3 Annual Leave -
23.3.1 An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties
23.3.2 Access to annual leave, as prescribed in paragraph 23.3.1 of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
23.3.3 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.
23.3.4 An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.
23.4 Time Off in Lieu of Payment for Overtime -
23.4.1 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.
23.4.2 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.

23.4.3 If, having elected to take time as leave in accordance with subclause 23.4 of this clause, 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.

23.4.4 Where no election is made in accordance with the said subclause 23.4 the employee shall be paid overtime rates in accordance with the award.
23.5 Make up Time -
23.5.1 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.
23.5.2 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.
23.6 Rostered Days Off -
23.6.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.
23.6.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
23.6.3 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.
23.6.4 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.
23.7 Personal Carers Entitlement for casual employees -
23.7.1 Subject to the evidentiary and notice requirements in 23.1.2 and 23.1.4 casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subparagraph 23.1.3.2 of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.
23.7.2 The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
23.7.3 An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
23A. Parental Leave
23A.1 Refer to the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
23A.2 An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:
23A.2.1 The employee or employee's spouse is pregnant; or
23A.2.2 The employee is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.
23A.3 Right to request
23A.3.1 An employee entitled to parental leave may request the employer to allow the employee:
23A.3.1.1 To extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;
23A.3.1.2 To extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;
23A.3.1.3 To return from a period of parental leave on a part-time basis until the child reaches school age;
to assist the employee in reconciling work and parental responsibilities.
23A.3.2 The employer shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.
23A.3.3 Employee's request and the employer's decision to be in writing
The employee's request and the employer's decision made under 23A.3.1 and 23A.3.2 must be recorded in writing.
23A.3.4 Request to return to work part-time
Where an employee wishes to make a request under 23A.3.4, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.
23A.4 Communication during parental leave
23A.4.1 Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:
23A.4.1.1 make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and
23A.4.1.2 provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.
23A.4.2 The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

23A.4.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with subclause 23A.4.

24. Annual Leave
24.1 Day Workers -
24.1.1 Annual Leave Entitlements - For annual leave entitlement provisions, see Annual Holidays Act 1944.
24.1.2 Leisure Day in relation to Annual Leave - For each 4-week period which accrues or falls due to an employee, pursuant to the provisions of the Annual Holidays Act 1944, and:
24.1.3 Where the employee's ordinary hours of work are arranged in accordance with an average weekly hours system as prescribed by paragraph 17.6.2, Average Weekly Hours Systems, of subclause 17.6, Systems of Ordinary Hours of Work, of clause 17, Hours of Work   Day Workers, of this award; and irrespective of whether the employee has his/her annual holiday in either one consecutive period or 2, 3 or 4 separate periods; then only one such period shall include a leisure day. An employee's leisure days are not holidays or special award holidays for the purpose of this award.
24.2 Shift Workers - In addition to the benefits prescribed by the Annual Holidays Act, 1944, shift workers shall be granted the following:
24.2.1 Payment for Period of Annual Leave   An employee before going on annual leave shall be paid the wages he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on leave during the relevant period. An employee shall have the amount of wages to be received for annual leave calculated by including the following where applicable:
24.2.1.1 his/her "ordinary pay" as prescribed by the Annual Holidays Act 1944; and
24.2.1.2 the rate payable pursuant to subclause 8.5 of clause 8, Wage Rates, of the said award, calculated on a daily basis, which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise.
24.2.2 Seven day Shift Workers - A seven day shift worker is an employee whose ordinary working period includes holidays and Sundays on which he/she may be regularly rostered for work.
24.2.3 In addition to the benefits prescribed by section 3 of the Annual Holidays Act 1944, with regard to an annual holiday an employee who, during the year of his/her employment with respect to which he/she becomes entitled to the said annual holiday gives service as a seven day shift worker, under this award shall be entitled to the additional leave as specified below.
24.2.3.1 If during the year of his/her employment he/she has served continuously as a seven day shift worker the additional leave with respect to that year shall be one week.
24.2.3.2 Subject to subparagraph 24.2.3.4 of this paragraph if during the year of his/her employment he/she has served for only portion of it as a seven day shift worker the additional leave shall be one day for every 36 ordinary shifts worked as a seven day shift worker.
24.2.3.3 Subject to subparagraph 24.2.3.4 of this paragraph, the employee shall be paid for such additional leave in accordance with the provisions prescribed by paragraph 24.2.1 of this subclause.
24.2.3.4 Where the additional leave calculated under 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.

24.2.3.5 In this clause reference to "one week" and "one day" includes holidays and non working days.

24.3 Payment on Termination of Employment - Where the employment of a worker has been terminated and he/she thereby becomes entitled under section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday, payment of 3 1/2 hours at such ordinary rate of wages shall be made with respect to each 21 shifts of service as a seven day shift worker which he/she had rendered during such period of employment.
24.4 Annual Holidays Loading -
24.4.1 In this subclause the Annual Holidays Act 1944, is referred to as "the Act".
24.4.2 Before an employee is given and takes his/her annual holiday, or, where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay his/her employee a loading determined in accordance with this subclause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance   see paragraph 24.4.6 of this subclause:)
24.4.3 The loading is payable in addition to the pay for the period of annual holiday given and taken and due to the employee under the Act and this award.
24.4.4 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this award (but excluding days added to compensate for holidays (prescribed by clause 20, Holiday and Sunday Work, of this award) worked or such holidays falling on an employee's rostered day off and not worked) and where such annual holiday is given and taken in separate periods, then in relation to each such separate period.
24.4.5 The loading is the amount payable for the period or the separate period, as the case may be, stated in paragraph 24.4.2 of this subclause at the rate per week of 17 1/2 per cent of the appropriate ordinary weekly wage rate calculated in accordance with the provisions of subclause 8.1 of clause 8, Wage Rates, for the classification in which the employee was employed immediately before commencing his/her annual holiday, but shall not include any other allowances, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this award..
24.4.6 No loading is payable to an employee who takes an annual holiday wholly or partly in advance: Provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such annual holiday and is to be calculated in accordance with paragraph 24.4.5 of this subclause applying the award rates of wages payable on that day.
24.4.7 Where in accordance with the Act the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employee concerned
24.4.7.1 an employee who is entitled under the Act to an annual holiday and who is given and takes such annual holiday shall be paid the loading calculated in accordance with paragraph 24.4.5 of this subclause:.
24.4.7.2 an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him under the Act such proportion of the loading that would have been payable to him under this subclause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.

24.4.8
24.4.8.1 When the employment of an employee is terminated by his/her employer 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 he/she became entitled he/she shall be paid a loading calculated in accordance with paragraph 24.4.5 of this subclause for the period not taken.

24.4.8.2 Except as provided by subparagraph 24.4.8.1 of this paragraph no loading is payable on the termination of an employee's employment.
24.4.9 Notwithstanding the provisions of paragraph 24.4.5 of this subclause an employee who is given and takes an annual holiday and who would have worked as a shift worker if he/she had not been on such annual holiday, shall be paid whichever is the greater of either the said annual holidays loading or the shift work allowances and weekend penalty rates, where applicable, for the ordinary time (not including time on a holiday prescribed by clause 20, Holiday and Sunday Work, which he/she would have worked during the period of the annual holiday.
25. Other Leave
25.1 Long Service Leave - For long service provisions see Long Service Leave Act 1955.
25.2 Building and Construction Industry Long Service Payments - For employees performing building and construction work as defined by the Building and Construction Industry Long Service Payments Act 1986, see Building and Construction Industry Long Service Payments Act 1986.
25.3 Bereavement Leave -

25.3.1 An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph 25.3.3 of this subclause.

25.3.2 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.
25.3.3 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 23.1.3.2 of clause 23, 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.
25.3.4 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.
25.3.5 Bereavement leave may be taken in conjunction with other leave available under subclauses 23.2, 23.3, 23.4, 23.5 and 23.6 of the said clause 23. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements, of the business.
25.3.6 Bereavement entitlements for casual employees
25.3.6.1 Subject to the evidentiary and notice requirements in 25.3.2 casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subparagraph 23.1.3.2 of clause 23, Personal/Carer's Leave.
25.3.6.2 The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

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

26. Shop Stewards
26.1 Accredited Shop Steward - An employee appointed shop steward in the shop or department in which he/she is employed shall upon notification thereof to his/her employer, be recognised as the accredited representative of the union. An accredited shop steward shall be allowed the necessary time during working hours to interview the employer or his/her representative on matters affecting employees whom he/she represents.
26.2 Interviewing Union Official - Subject to the prior approval of the employer an accredited shop steward shall be allowed at a place designated by the employer a reasonable period of time during working hours to interview a duly accredited official of the union on legitimate union business.
27. Notice Board
27.1 The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position in each of his/her establishments or plants or job sites where his/her employees are working or in separate buildings in each establishments or plant or job site so that such notice boards are reasonably accessible to all his/her employees working under the award at the establishment or plant or job site.
27.2 Accredited union representatives shall be permitted to put on the notice board or boards formal union notices, signed or countersigned by the representative so placing them. Any notice posted on such notice board or boards not so signed or countersigned may be removed by an accredited union representative or the employer.
28. Amenities
28.1 Workshop and Depot -
28.1.1 The employer shall ensure that the prescribed amenities are kept clean.
28.1.2 The employer shall provide at his/her workshop or depot a suitable locker or suitable hanging facilities which will provide adequate protection for an employee's clothing and his/her personal effects.
Note: The amenities for workshops and depots are those prescribed by the relevant Occupational Health and Safety legislation and regulations, as amended from time to time. The amenities prescribed include change room, meal room, dining tables, chairs, clothes lockers, tool lockers, food storage space, meal heating facilities, garbage bins, showers, hand wash basins and sanitary conveniences.
28.2 Construction and Installation, &c., Sites: The employer shall ensure that the prescribed amenities are kept clean.
Note: The amenities for construction site work are those prescribed by the Occupational Health and Safety legislation and regulations, as amended from time to time. The amenities prescribed include change room, meal room, tool storage, dining tables, chairs or forms, coat books, food storage space, garbage bins, sanitary and washing facilities.
28.3 Water Supply - An employer shall provide at each of his/her workshops and depots and job sites an adequate supply of:
28.3.1 Pure, cool drinking water which shall be available for use at any time during working hours, and
28.3.2 boiling water for beverages which shall be available for use during meal and crib breaks.
29. First-Aid
29.1 Attendant - An employee shall endeavour to have at least one person who has been trained to render first-aid in attendance when work is performed at an establishment.
29.2 First-aid Outfit - In each workshop, depot and job site where employees are regularly employed, the employer shall provide and continuously maintain at a place or places reasonably accessible to all employees an efficient first-aid outfit.
29.3 First-Aid Allowance - An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications approved by the WorkCover Authority of NSW shall be paid an allowance as set out in Item 19 of the said Table 5 if he/she is appointed by his/her employer to perform first-aid duty.
30. Superannuation
30.1 The subject of superannuation legislation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints Act 1993 (Cth), and s124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
31. Miscellaneous Provisions
31.1 Protective Clothing - Where employees are required to wear overalls and/or dust coats they shall be supplied by the employer.
31.2 Damage to Clothing, Spectacles and Hearing Aids - Compensation to the extent of the damage sustained shall be made where in the course of the work clothing, spectacles or hearing aids are damaged or destroyed by fire or molten metal or through the use of corrosive substances: Provided that this subclause shall not apply when an employee is entitled to Workers' Compensation in respect of the damage.
31.3 Gas Masks -
31.3.1 The employer shall ensure that sufficient gas masks are available to enable each employee, when engaged on repairs to refrigeration plants outside the employer's premises, to take one with him.
31.3.2 Employers shall provide respirators or gas masks for electric arc or oxy acetylene operators working in places where fresh air cannot freely circulate.
31.4 Gloves - Suitable canvas or leather gloves shall be provided by employers for operators of pneumatic tools and/or punch and shearing machines and where necessary for employees manually hauling underground cables or ring mains and similar cables and suitable gloves or pads for such other work as the foreman and employee may agree. In the case of disagreement between the foreman and the workman, the workman or a shop steward on his/her behalf shall be entitled within 24 hours, to ask for a decision on the workman's claim by the employer's industrial officer (if there be one) or otherwise by the employer or the executive officer responsible for the management or superintendence of the plant concerned. In such case a decision shall be given on the workman's claim within 48 hours of its being asked for (unless that time expires on a non working day, in which case it shall be given during the next working day), or else the said equipment shall be provided. In any case where the union alleges that an employer or his/her representative is persistently unreasonable or capricious in relation to such claims, it may bring such case before the Conciliation Committee.
31.5 Goggles - Suitable mica or other goggles shall be provided by the employer for each employee using emery wheels or where used by more than one employee such goggles shall be sterilized before being used by another employee. An employee when working on emery wheels shall wear the goggles provided for his/her protection.
Goggles containing celluloid shall not be considered suitable for the purposes of this provision.
31.6 Masks - Where necessary suitable masks shall be provided for employees required to use compressed air for blowing dust from electrical machinery or equipment. An employee when performing such work shall wear the mask provided for his/her protection. Masks containing celluloid shall not be considered suitable for the purposes of this provision.
31.7 Protective Equipment - Welding - Employers shall provide a sufficient supply of the undermentioned equipment to enable each tradesman and his/her assistant when engaged on work necessitating its use:
31.7.1 suitable asbestos sheets;
31.7.2 hand screens or helmets, fitted with coloured glass (or in the case of oxy acetylene operators protective glasses with side shields);
31.7.3 anti flash goggles;
31.7.4 aprons, leather sleeves and leggings (or coveralls of flameproof material) and gauntlet gloves, and
31.7.5 gum or other insulating boots when working in places so damp that danger of electric shock exists.
An employee who is pursuant to this paragraph supplied with any of the equipment specified herein shall wear or use as the case may be such equipment in such a way as to achieve the purpose for which it is supplied. Where electric arc operators are working screens which shall be suitable and sufficient for the purpose shall be provided by the employer for the protection of employees from flash.
31.8 Safety Gear for Live Work - Adequate safety gear (including insulating gloves, mats and/or shields where necessary) shall be provided by employers for employees required to work on live electrical equipment.
31.9 Case Hardened Prescription Lenses - An employer who requires an employee to have his/her prescription lenses case hardened shall pay for the cost of such case hardening.
32. Deleted
33. Working Within Skills Competency and Training
33.1 An employer may direct an employee to carry out such duties as are within the limits of the employees skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote deskilling.
33.2 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.
33.3 Any direction issued by an employer pursuant to subclauses 33.1 and 33.2 of this clause shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.
34. Consultative Mechanism
34.1 Enterprises shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.
35. Electrical Electronic Industry Training Committees
35.1 National Electrical, Electronic Industry Training Committee - Subject to the Apprenticeship and Traineeship Act 2001, the National and State Electrical and Electronic Industry Training committees shall have the responsibility for development of training standards for consideration and endorsement by the National Training Board and the provision of advice and assistance to the National Training Board and State and Territory Training Authorities in respect of matters relating to training in the industries and callings covered by this award including, but not limited to, the following:
(a) training and skill standards;
(b) curriculum development;
(c) training courses;
(d) articulation and accreditation requirements both on and off the job;
(e) on the job training guidelines.
36. Grievance and Dispute Resolution Procedures
36.1 Procedures relating to grievances of individual employees
36.1.1 The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
36.1.2 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.
36.1.3 Reasonable time limits must be allowed for discussion at each level of authority.
36.1.4 At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
36.1.5 While a procedure is being followed, normal work must continue.
36.1.6 The employee may be represented by an industrial organisation of employees.
36.2 Procedures relating to disputes etc. between employers and their employees -
36.2.1 A question, dispute or difficulty must initially be dealt with as close to its course as possible, with graduated steps for further discussion and resolution at higher levels of authority.
36.2.2 Reasonable time limits must be allowed for discussion at each level of authority.
36.2.3 While a procedure is being followed, normal work must continue.
36.2.4 The employer may be represented by an industrial organisation of employers and the employer may be represented by an industrial organisation of employees for the purposes of each procedure.
37. Area, Incidence and Duration
37.1 This award has been made pursuant to the s19 of the Industrial Relations Act 1996. It shall commence from the first full pay period to commence on or after 19 April 2001, and shall remain in force for 12 months.
This award rescinds and replaces:
(a) the Electricians, &c. (State) Award published 28 August 1974, and reprinted 3 February 1982, and further reprinted 7 August 1992 (270 I.G. 950) and all variations thereof.
(b) the Electricians &c., Redundancy and Technological Change (State) Award published 24 November 1995 (289 I.G. 617).
(c) the Electricians Superannuation Award published 3 April 1992 (268 I.G. 917).
(d) the Electricians &c Family Leave (State) Award published 15 December 1995 (289 I.G. 1276).
(e) the Electricians &c. (State Wage Case) (State) Award 1996 published 24 October 1997 (301 I.G. 1059), and all variations thereof.
(f) the Electricians &c. (State) Expense Related Allowances Award 1996 published 14 June 1996 (293 I.G. 331), and all variations thereof.
37.2 The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 20 December 2007.
This award remains in force until varied or rescinded, the period for which it was made already having expired.
38. Deduction of Union Membership Fees
38.1 The employer shall deduct the union membership fees (not including fines or levies) from the pay of any employee, provided that:
(a) The employee has authorised the employer to make such deduction in accordance with subclause (ii) herein;
(b) The Union shall advise the employer of the amount to be deducted for each pay period applying at the employer’s workplace and any changes to that amount;
(c) Deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and
(d) There shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).
38.2 The employee’s authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the employer to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employees consent to do so. Such consent may form a part of the written authorisation.
38.3 Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts, provided that:
(a) where the employer has elected to remit on a weekly of fortnightly basis, the employer shall be entitled to retain up to five percent of the monies deducted; and
(b) where the employer has elected to remit on a monthly or quarter basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.
38.4 Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.
38.5 The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly, or quarterly as the case may be. The Union shall give the employer a minimum of two months’ notice of any such change.
38.6 An employee may at any time revoke in writing authorisation to the employer to make payroll deductions of Union membership fees.
38.7 Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.
38.8 The above variations shall take effect:
(a) In case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 4 September 2003.
(b) In the case of employers who do not fall within subparagraph (above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees’ pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 4 December 2003.
(c) For all other employers, from the beginning of the first pay commence on or after 4 March 2004.
39. School Based Apprentices
39.1 Objective
The objective of this clause is to assist in the establishment of a system of school based apprenticeship as part of the Higher School Certificate. The school based apprenticeship may commence upon the completion of the Year 10 School Certificate exams. Such school based apprenticeships are undertaken at minimum Certificate III Australian Qualifications Framework (AQF) qualification level as specified in the relevant Vocational Training Order pursuant to the Apprenticeship and Traineeship Act 2001.
39.2 Wages
39.2.1 The hourly rates for full time apprentices as set out in this Award shall apply to school based apprentices for total hours worked including time deemed to be spent in off-the job training.
39.2.2 For the purposes of subclause (a) of this clause, where a school based apprentice is a full time school student, the time spent in off-the-job training for which the school based apprentice is paid is deemed to be 25 per cent of the actual hours worked on-the-job each week. The wages paid for training time may be averaged over the school term or year.
39.2.3 Where this Award specifies a weekly rate for full time apprentices the hourly rate shall be calculated by dividing the applicable weekly rate by 38.
39.3 Conversion from a school based to a full time apprenticeship
Where an apprentice converts from a school based to a full-time apprenticeship, all time spent as a full time apprentice counts for the purpose of progression through the wage scale set out in this Award. This progression applies in addition to the progression achieved as a school based apprentice.

39.4 Conditions of Employment

Except as otherwise provided by this Award, school based apprentices are entitled to pro rata entitlements of all other conditions of employment contained in this Award.
39.5 Disputes and Disciplinary Matters
The provisions of the Apprenticeship and Traineeship Act 2001 shall apply for the resolution of disputes and disciplinary matters.
39.6 Leave Reserved
In relation to matter IRC No. 43 of 2007 leave is reserved to have the matter re-listed urgently if any variation to the Vocational Training Order applying to a school based apprentice covered by this award occurs that is not with the consent of the parties to this award.

Electricians, &c. (State) Industrial Committee
Industries and Callings
This Award shall apply to all persons employed in the classifications specified in clause 8, Wage Rates, within the following industries and callings;
Makers, fitters, repairers and installers of electrical apparatus and installations and persons assisting therein, and employees engaged in the maintenance of electrical apparatus and installations and persons assisting therein, or in running electrical plant, and in connection with such industries, all oxy acetylene and electric welders in the State, excluding the County of Yancowinna;
excepting employees of -
State Transit Authority of New South Wales;

State Rail Authority of New South Wales;

The Roads and Traffic Authority;

The Water Board;

The Hunter District Water Board;

South Maitland Railways Pty Limited;

Southern Copper Limited, Metal Manufactures Limited, Incitec Limited;

The Broken Hill Proprietary Company Limited at Newcastle;

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

Blue Circle Southern Cement Limited;

The Council of the City of Sydney;

Sydney Electricity;

The Electricity Commission of New South Wales (Pacific Power);

Municipal, shire and county councils, or of person or corporations supplying electricity to the said councils, or to the public under agreement with the said councils;

Australian Wire Industries Pty Ltd at its Sydney Wiremill;

Australian Wire Industries Pty Ltd at its Newcastle Wiremill;

The Council of the City of Newcastle;

The Australian Gas Light Company;

and excepting also employees -
In or about coal mines north of Sydney, in or about coal mines in the South Coast district, in or about coal and shale mines west of Sydney;

In or about metalliferous and limestone mines; in or in connection with mining for minerals other than coal or shale; and in or about diamond and gem bearing mines, mining dredges, ore sluicing process, ore smelting, refining, treatment and reduction works;

and excepting also -
All person employed in or in connection with hospitals, mental hospitals, public charitable institutions or ambulance work;
Persons employed in or by The United Dental Hospital of Sydney;
and excepting also employees within the jurisdiction of the -
Australian Wire Industries Pty Ltd - Newcastle Ropery Industrial Committee;

Breweries, &c. (State) Industrial Committee;

Cement Workers, &c. (State) Industrial Committee;

Crown Employees (Skilled Tradesmen) Industrial Committee)

Electrical Contracting Industry (State) Industrial Committee;

John Lysaght (Australia) Limited Newcastle Industrial Committee;

John Lysaght (Australia) Limited Port Kembla Industrial Committee;

John Lysaght (Australia) Limited Unanderra Industrial Committee;

Milk Treatment, &c., and Distribution (State) Industrial Committee;

Public Hospital (Skilled Tradesmen) Industrial Committee;

Smelting and Fertilizer Manufacturing Industrial Committee;

Special Steels and Steel Products Manufacture (Commonwealth Steel Company Limited) Industrial Committee;

Tubemakers of Australia Limited, Newcastle Industrial Committee;

Tubemakers of Australia Limited, Yennora Industrial Committee.

and excepting also employees in the following organisations meeting the appropriate criteria -
Australian Consolidated Press Ltd and Conpress Printing are exempted from this award so long as they observe the terms and conditions of Industrial Agreement No. 4066 filed 16 June 1970 and any variation or substitution therefore.
Subject to the provisions of clauses 14 and 15 of Industrial Agreement No. 4058 filed 2 June, 1970 John Fairfax & Sons Pty Ltd is exempt from this award so long as it observes the terms and conditions of the said Industrial Agreement No. 4058 or of any other industrial agreement in variation thereof or in substitution therefore.
Subject to the provisions as to temporary employees contained in clause 14 of Industrial Agreement No. 4067, filed 17 June 1970 Mirror Newspapers Limited is exempt from this award so long as it observes the terms and conditions of the said Industrial Agreement No. 4067 or of any other industrial agreement in variation thereof or in substitution therefore.
Subject to the provisions of clauses 14 and 15 of Industrial Agreement No. 4065, filed 10 June 1970 Sungravure Limited is exempt from this award so long as it observes the terms and conditions of the said Industrial Agreement No. 4065 or of any other industrial agreement in variation thereof or in substitution therefore.
Board of Fire Commissioners of New South Wales is exempt from this award so long as it observes the terms and conditions of Industrial Agreement No. 4822, filed 10 August 1973 or of any other industrial agreement in variation thereof or in substitution therefore.
Electrical tradesman's assistants employed under the provisions of the Crown Employees (Tradesman's Assistants) Award are exempt from the provisions of this award.
The State Dockyard, Newcastle, is exempt from the provisions of clauses 22, Sick Leave, 24, Annual Leave, and subclauses 25.1, Long Service Leave, and 25.3, Bereavement Leave, of clause 25, Other Leave, so long as it observes the provisions of the New South Wales Government Uniform Leave Conditions in force from time to time.
Koppers Australia Proprietary Limited is exempt from subclause 17.5, Spread of Hours, of clause 17, Hours of Work - Day Workers, of this award, so long as the company and the union observe the terms and conditions of the agreement ratified by the Industrial Commission of New South Wales on 24 February 1988 in Matter No. 16 of 1988 or any variation or substitution therefore.
Appendix
The following margins per week will apply to the male employees in the classifications listed hereunder of A.W. Goodwin Limited and Tulloch Limited being employees within the Engineering, Metal Working and Fabrication Sections of the Rolling Stock Industry:
(i) Weekly Wage Rates of Pay -

Classification	Margin per week
	$
Electrical Fitter/Mechanic	114.70
Electrical Fitter/Mechanic's Assistant	78.80

(ii) Conditions of Employment - Shall be those prescribed by the Electricians, &c. (State) Award except as varied herein.

(iii) Accumulated Sick Leave: Payment will be made for all accumulated sick leave on termination for any reason other than serious misconduct.
(iv) Compassionate Leave - Three days of paid leave of absence to employees suffering a bereavement within immediate family, i.e. father, mother, father in law, mother in law, wife, son, daughter, brother or sister.
(v) Washing Time - Every employee is allowed six minutes washing time each shift except on the normal pay day when a total of ten minutes is allowed.
(vi) Leading Hands - In addition to the rates prescribed herein an additional rate of $16.40 per week shall be paid to those employees classified as leading hands.
(vii) Service Allowance - A service allowance will be paid after the first year of continuous service in accordance with the following scale and conditions: 2 years to 5 years (inclusive) - 2 days per completed year of service.
Conditions -
(a) Service allowance will not be paid when an employee attains entitlement for his/her appropriate Long Service Leave.
(b) A service allowance is not to be paid for any other reason than retrenchment due to the slackness in trade.
(c) Service allowance to be looked upon as Long Service Leave in Advance. The actual cash payment is to be deducted from any further long service leave payment should an employee qualify for long service leave following some later period of employment.
(viii) Extended Sick leave - Accruals - Employees absent on authorized extended sick leave, not being sickness in respect of which any such employee is entitled to workers' compensation, will be entitled to have annual leave accrued for the first six months of such extended sick leave.
(ix) Sickness Fund - The employer agrees to maintain the current non contributory sickness benefits at present applicable to its employees.

(x) Life Assurance - The employer agrees to maintain the current non contributory life assurance at present applicable to its employees.

(xi) Increments - The Weekly Rates set out in subclause (i) hereof shall be increases for each and every classification by $3.00 per week from first pay period on or after 20 June 1973.
(xii) Duration - This appendix shall remain in force for a period of 18 months from the date appearing herein, except and unless determined by both parties hereto, in writing.
(xiii) Date of Operation - From the first pay period to commence on or after 18 March 1972.