New south wales industrial gazette

3. Additional Rates
(a)
(i) An employee appointed by the employer as a leading hand to supervise the work of up to and including 10 employees shall be paid per week the amount as set out in Item 1 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to such employee’s rate. An employee appointed as a leading hand to supervise more than 10 employees shall be paid per week the amount as set out in Item 2 of the said Table 3, in addition. Such additional rates shall apply for all purposes of the award.
(ii) The definition of Grade 6 "Team Leader" in the classification structure incorporates Leading Hand responsibilities and, accordingly, no leading hand allowances is payable in addition to the rate of pay set for Team Leaders.
(b) Employees employed under the Gelatine and By Products Stream shall receive an industry allowance as set out in Item 3 of Table 3.
(c) An employee qualified and appointed as a Boiler Attendant shall be paid a weekly allowance as set out in Item 4 of Table 3.
4. Trainees
(a) An employer may employee a 16 or 17-year old entrant to the Industry as a trainee. A trainee shall be employed under a training agreement which shall be agreed between the worker and the employer at the time of commencing employment. The training agreement shall be in accordance with the standards laid down by this clause.
(b) The training agreement shall set out the arrangements by which a trainee shall attend off-the-job training for a Basic Entry Level Chemical Certificate and undertake on-site training as specified in the training programme of the training committee.
(c) The employer shall provide trainees with direct supervision.

(d) A trainee shall be engaged as a full-time employee under this award.

(e) Overtime and shift work shall not be worked by trainees except to enable the requirements of the Training Program to be effected, when penalties and allowances of the award based on the trainee wage will apply. No trainee shall work overtime or shift on the their own.
(f) A trainee shall be paid at the relativity of 78 per cent of the G4 trade / trade equivalent rate specified by this award.
(g) A trainee who has successfully completed a Basic Entry Level Chemical Certificate shall be appropriately grade in the skills-based classification structure.
5. Hours of Work
(a) Day Workers - The ordinary hours of work shall be an average of 38 per week to be worked on one of the following basis:
(i) 38 hours within a work cycle not exceeding seven consecutive days; or
(ii) 76 hours within a work cycle not exceeding 14 consecutive days; or
(iii) 114 hours within a work cycle not exceeding 21 consecutive days; or
(iv) 152 hours within a work cycle not exceeding 28 consecutive days.
(b) The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week, Monday to Friday.
(c) The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks, at the discretion of the employer between 6 a.m. and 6 p.m.
(d) Starting and finishing times may be altered by mutual agreement between an employer and the majority of employees in the plant or section or sections concerned.
(e) Not more than eight hours shall be worked in any one day without payment of overtime.
(f) The method of implementation of the 38-hour week may be any one the following:
(i) by employees working less than eight ordinary hours each day; or
(ii) by employee working less than eight ordinary hours on one or more days 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.
(g) In the absence of agreement at plant level, the procedures outlined in clause 29, Grievance Procedure, shall be applied without delay.
(h) Where the working week is being worked in accordance with paragraphs (iii) or (iv) of subclause (f) of this clause an employer and the majority of employees concerned may agree to a banking system of rostered days off. In such instances not more than five days may be banked.
No penalty payments shall be made to employees working on a day which would otherwise have been a rostered day off and in no circumstances will the employee lose the entitlement to the banked days or, in the event of termination only, payment in lieu thereof.
(i) Where a system of working is adopted to allow one rostered day off in each four weeks an employee shall be entitled to 12 such rostered days off in any 12-month period.
(j) The day an employee, not being a continuous shift worker, is to take off in accordance with paragraphs (iii) and (iv) of subclause (f) of this clause, shall not coincide with a public holiday (as defined); in the event that a public holiday is prescribed after employee have been given notice of the day off, and the holiday falls on that day off, the employer shall allow the employee to take the day off on an alternative day.
An employee, being a continuous shift worker, who by the circumstances of the arrangement of their ordinary hours of work, is entitled to a rostered day off which falls on a public holiday (as defined) shall, have an additional day added to their annual leave.
6. Meal Times
(a) The break for midday meals shall be not less than 30 minutes nor more than 45 minutes to be taken between 11:30a.m. and 1:00p.m.
(b) The starting and finishing times for meals shall not be altered except by agreement between the employer and the employees or by the Industrial Committee.
(c) An employee shall not be compelled to work for more than five hours without a break for a meal.
(d) For work done during meal hours and thereafter until a meal break is allowed, double time shall be paid.
(e) Employees shall be allowed a morning tea break of ten minutes. Such break shall be counted as time worked.
7. Shift Work
(a) For the purpose of this clause:
"Afternoon Shift" means any shift finishing after 6:00p.m. and at or before midnight.
"Night Shift" means any shift finishing subsequent to midnight and at or before 8:00a.m.
"Permanent night shift worker" is an employee who:
(i) works night shift only; or
(ii) remains on night shift for a longer period than four consecutive weeks; or
(iii) works on a night shift which does not rotate sufficiently to give the employee at least one third of working time off night shift in each shift cycle.
Provided that where shifts are worked by arrangement between employees, such shifts shall not affect the above definition.
"Continuous shift worker" means an employee working eight hours per shift inclusive of crib time and who is regularly rostered to work on Sundays and holidays.
"Non-continuous shift worker" means an employee who works at least five consecutive days of eight hours per shift inclusive of crib time and who does not normally work on Sundays.
"Crib time" means a break of 20 minutes to be taken at a suitable opportunity in any shift or period so as not to interfere with the employee’s duties and such crib time shall be paid for.
"Rostered shift" means a shift of which the employee concerned has had at least 48 hours’ notice.
(b) The ordinary hours of shift workers shall average 38 hours per week and shall not exceed 152 hours in 28 consecutive days and shall be worked in not more than five shifts per weeks of eight hours inclusive of crib time.
The times of commencement and cessation of work shall be fixed by the employer and once fixed may only be altered by agreement between the employer and the employees concerned, or in the absence of such agreement by the giving of not less than seven day’s notice in the case of a permanent change of shift by the employer to the employees of such proposed change of times.
Where an employee is engaged in working a regular roster of shifts their place on the roster shall not be altered unless the employee is given 48 hours’ notice of change of shift.
Where an employee is not engaged in working a regular roster of shifts but the employer requires such employee to change their shift to fill some short term vacancy occasioned by another employee’s absence or to meet some special circumstances then the employee’s hours may be altered by the giving of 48 hours’ notice of change of shift.
(c) Shift and Weekend Penalties: -
(i) Any afternoon or night shift which does not continue for five consecutive shifts shall be paid for at the rate of time and a half for the first three hours and double time thereafter for all time worked. Such extra rate shall be in substitution for and not cumulative upon the shift premium prescribed in paragraph (vi) of this subclause.
(ii) A shift worker whilst working on a permanent afternoon shift shall be paid for such shift 25 per cent more than their ordinary rate, or, if working on a permanent night shift, shall be paid for such shift 30 per cent more than their ordinary rate. Such extra rate shall be in substitution for and not cumulative upon the shift premium prescribed in paragraph (vi) of this subclause.
(iii) Continuous shift workers shall be paid at the rate of time and a half for all work performed between 12 midnight on Friday and 12 midnight on Saturday. Such extra rate shall be in substitution for and not cumulative upon the shift premium prescribed in paragraph (vi) of this subclause.
(iv) Non-continuous shift workers shall be paid at the rate of time and a half for all work other than overtime work performed between 12 midnight on Friday and 12 midnight on Saturday. Such extra rate shall be in substitution for and not cumulative upon the shift premium prescribed in paragraph (vi) of this subclause.
(v) Continuous shift workers shall be paid at the rate of double time for all work performed between 12 midnight on Saturday to 12 midnight on Sunday. Such extra rate shall be in substitution for and not cumulative upon the shift premium prescribed in paragraph (vi) of this subclause.
(vi) Except as otherwise provided, employees working on afternoon and night shifts shall be paid at the rate of ordinary time for such shift increased by 15 per cent for afternoon shift and 17.5 per cent for night shift.
(vii) For the purpose of this subclause any shift starting at 11:00p.m. shall be deemed to commence at midnight.
(viii) No junior male under the age of 18 years shall work on night shift.
(ix) Continuous shift workers who are rostered to work on public holidays as prescribed by this award shall be paid at the rate of double time. Such extra rate shall be in substitution for and not cumulative upon any other prescribed shift premium.
Continuous shift workers shall be paid one day’s pay at ordinary rates at the time of taking annual leave for each public holiday upon which they are not rostered to work.
On termination of service during the currency of any year, payment for holidays not worked shall be made on a pro rata basis.
(x) Shift workers, other than continuous shift workers, shall be paid at the rate of double time and a half for all work performed on holidays prescribed by this award. Such extra rate shall be in substitution for and not cumulative upon any other prescribed shift premium.
(d) Overtime - Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award shall be paid as follows:
(i) If employed on continuous shift work, at the rate of double time.
(ii) If employed on non-continuous shift work, at the rate of time and one half for the first two hours and double time thereafter.
(iii) The provisions of paragraphs (i) and (ii) of this subclause shall not apply where time so worked is brought about by arrangements between the employees themselves or is for the purpose of effecting the customary rotation of shifts, or is due to the fact that the relief person does not come on duty at the proper time.
8. Overtime
(a) All work done outside the ordinary hours prescribed herein or before or after the times of commencement and cessation of work determined in accordance with this award shall be counted as overtime and shall be paid at the rate of time and a half for the first two hours and double time thereafter.
(b) In computing overtime, each day’s work shall stand alone.
(c) Any employee required to work overtime shall be guaranteed a minimum of 30 minutes.
(d) Any employee required to work overtime for more than one and a half hours on any day, after the normal finishing time, without being notified on the day before they will be so required to work, shall be paid an amount as set out in Item 5 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates, for a meal and an amount as set out in Item 6 of the said Table 3 for each subsequent meal by the employer.
(e) If an employee pursuant to subclause (d) of this clause has provided a meal and is not required to work overtime, they shall be paid an amount as set out in Item 6 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates, of for the meal provided.
(f)
(i) An employee working overtime shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib time.
(ii) Unless the period of overtime is less than one and a half hours an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. An employer and employee may agree to any variation to this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.
(g) Rest Period After Overtime -
(i) Where overtime work is necessary it shall wherever reasonably practicable be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days. An employee who works so much overtime between the termination of that employee’s ordinary work on one day and the commencement of that employee’s ordinary work on the next day that the employee has not had at least 10 consecutive hours off duty between these times, shall, subject to this subclause, be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
If on the instructions of the employer such an employee resumes or continues work without having had such 10 consecutive hours off duty that employee shall be paid at double rates until released from duty for such period and shall then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(ii) The provisions of this clause shall apply in the case of shift workers as if eight hours were substituted for 10 hours.
(h) An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.
(i) Transport of Employees - Where an employee, after having worked overtime, or a shift for which the employee had not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide the employee with a conveyance to the employee’s home, or pay the employee that employee’s current wage for the time reasonably occupied in reaching their home.
9. Payment of Wages
(i) Wages shall be paid weekly, not later than Thursday in each week, except by mutual agreement to substitute "Friday" in lieu of "Thursday". Where a holiday as referred to in clause 10, Holidays, occurs on a pay day, payment in that week shall be made on the working day prior to such holiday.
(ii) Wages shall be paid in the employer’s time or within five minutes of finishing time. If an employee is kept waiting for payment for more than five minutes after finishing time, the employee shall be paid overtime rates for the time so kept waiting.
(iii) Should an employee be dismissed during the course of a week, the employee shall be paid at the usual place of payment on demand there by that employee, any wages which are legally due to that person within 15 minutes of dismissal.
(iv) Should an employee lawfully leave their employment during the course of a week, that employee shall be paid all moneys due upon termination of service.
(v) On pay day the employer shall state to each employee in writing the amount of wages to which the employee is entitled, the amount of deductions made therefrom and the net amount being paid to the employee.
(vi) Notwithstanding the above, by agreement with the employee concerned, wages may be paid by cheque or by electronic funds transfer.
10. Holidays
(i) The days on which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, or the holiday, if any, substituted for any such day by or under any Act of Parliament, are observed, shall be holidays, together with all other days proclaimed as public holidays throughout the State. Employees, other than continuous shift workers, not required to work on holidays shall be paid the ordinary rates of pay, provided that such holidays fall on a normal working day.
(ii) The first Monday in August each year, or on another day mutually agreed to between the employer and the employee shall also be deemed a holiday and complied with in accordance to subclause 10(i). Where the employer seeks to vary the holiday on the first Monday in August each year, the employer shall do so by mutual consent with the employee and shall notify the Secretary of the Union in writing within thirty (30) days of taking advantage of the flexible day.
(iii) Where an employee is absent from their employment on the working day or part of the working day before or after a holiday or holidays without reasonable excuse or without the employer’s consent such employee shall not be entitled to payment for such holiday or holidays.
11. Rates for Holidays and Sundays
(i) Except as to continuous shift workers working on regular rostered shifts, all work performed on holidays set out in Clause 10, Holidays, shall be paid for at the rate of double time and a half and all work performed on Sundays shall be paid for at the rate of double time.
(ii) An employee called upon to work on a Sunday or a holiday shall be paid for a minimum of four hours’ work.
12. Annual Leave
(a) A period of 28 consecutive days’ (including non-working days) leave shall be allowed annually to an employee after 12 months’ continuous service (less the period of annual leave) as an employee on weekly hiring in any one or more of the occupations to which this award applies.
(b) Continuous Shift Workers - In addition to the leave hereinbefore prescribed, continuous shift workers who are rostered to work regularly on Sunday and holidays shall be allowed seven consecutive days’ leave including non-working days.
Where an employee with 12 months’ continuous service is engaged for part of the 12 monthly period as a continuous shift worker, the employee shall be entitled to have the period of 28 consecutive days’ annual leave prescribed in subclause (a) of this clause increased by half a day for each month the employee is continuously engaged as aforesaid.
(c) Public Holidays Excluded -
(i) Except in the case of continuous shift workers such period of annual leave shall not include award holidays observed on working days, but shall include all other non-working days.
(ii) Except in the case of continuous shift workers if any award holidays falls within an employee’s period of annual leave and is observed on the day which in the case of that employee would have been an ordinary working day there shall be added to that period one day, being an ordinary working day for each holiday observed as aforesaid.
(iii) Where an employee without reasonable excuse, proof whereof shall lie upon such employee, is absent from employment on the working day or part of the working day prior to the commencement of that employee’s annual leave or fails to resume work at that employee’s ordinary starting time on the working day immediately following that last day of the period of that employee’s annual leave, the employee shall not be entitled to payment for the public holidays which fall within the period of annual leave.
(d) Notice of Leave to be Given - At least one month’s notice shall be given to an employee as to when that employee is to commence leave, except in cases where by mutual agreement between the employer and the employee a lesser period of notice may be permitted.
If at any time notice is withdrawn by an employer the employee, if that employee postpones that leave, shall be compensated by the employer for any reasonable out of pocket loss occasioned by the withdrawal of notice. Any dispute under this subclause shall be dealt with under clause 29, Grievance Procedure.
(e) Time When Leave is to be Granted - Annual leave shall be given at a time fixed by the employer within a period not exceeding three months from the date when the right to annual leave accrued.

(f) Leave to be Given and Taken -

(i) The annual leave provided for by this clause shall be allowed and shall be taken and except as provided in subclause (i) of this clause payment shall not be made or accepted in lieu of annual leave.
(ii) The annual leave shall be given and taken in a continuous period or if the employer and the employee so agree in two separate periods.
(g) Payment of Wages - Each employee before going on leave shall be paid the wages they would have earned in respect of the ordinary time the employee would have worked had they not been on leave during the relevant period.
(h) Annual Leave Loading - A weekly hired employee who is entitled to annual leave or payment in lieu thereof, in accordance with the provisions of this award shall, at the time of taking such annual leave, be entitled to an additional payment in respect of the period of employment to which the annual leave is referable calculated on the basis of a loading of 17.5 per cent on top of their normal weekly pay for their period of annual leave. The loading prescribed by this subclause shall not apply to proportionate leave on termination.
(i) Leave in Advance -
(a) An employer may grant annual leave to an employee before the right thereto has accrued due but where leave is taken in such a case a further period of annual leave shall not commence to accrue until the expiration of the 12 months in respect of which annual leave has been taken before it accrued.
(b) Where leave has been granted to an employee pursuant to paragraph (i) of this subclause before the right thereto has accrued due and the employee subsequently leaves or is discharged from the service of the employer in respect to which the leave was granted, the employer may, for each one complete month of the qualifying period of 12 months not served by the employee deduct from whatever remuneration is payable upon the termination of the employment one-twelfth of the amount of wage paid on account of the annual leave, which amount shall not include any sums paid for any of the holidays prescribed in clause 10, Holidays. Provided that in cases where such leave is granted at the request of the employee, the employer may, when making payment under subclause (g) of this clause, withhold form the employee a sum equal to one-twelfth for each complete month of the qualifying period not served by the employee at the time of going on leave and retain such sum until the expiration of such qualifying period.
(j) Proportionate Payments - If after one weeks continuous service in any qualifying 12-monthly period an employee leaves or that employee’s employment is terminated by the employer, the employee shall be paid a pro rata entitlement at that employee’s ordinary rate of wage for 2.923 hours for each five ordinary days worked in respect of which leave had not been granted under this clause.
(k) Calculation of Continuous Service -
(i) Continuity of service shall be deemed to be continuous notwithstanding:
(a) any interruption or determination of the employment by the employer if such interruption or determination has been made with the intention of avoiding obligations hereunder in respect of annual leave;
(b) any absence from work of not more than 120 hours in the 12 months on account of sickness or accident (proof whereof shall be on the employee);
(c) any absence on account of leave granted, imposed or agreed to by the employer;
(d) any absence due to reasonable cause (including absences on account of sickness or accident of more than 120 hours, proof whereof shall be on the employee) provided that in cases of personal sickness or accident or absence with reasonable cause the employee to become entitled to the benefit of this subclause, shall, if practicable, inform the employer within 24 hours after the commencement of such absence of their inability to attend for duty and as far as practicable the nature of the illness, injury or cause and the estimated duration of the employee’s absence.
(ii) In calculating a period of 12 months’ continuous service:
(a)
(1) any annual leave taken therein, or
(2) any absence of the kind mentioned in subparagraph (a) of paragraph (i) and subparagraph (b) of paragraph (i) of this subclause shall be counted as part of such period;
(b) in respect of absences of the kind mentioned in subparagraph (c) of paragraph (i.) and subparagraph (d) of paragraph (i.) of this subclause, the employee shall serve such additional period as part of their qualification for annual leave as will equal the period of such absences;
(c)
(1) any absence from work by reason of any cause not being a cause specified in this subclause shall not be deemed to break the continuity of service for the purpose of this clause unless the employer during the absence or within 14 days of the termination of the absence notifies the employee in writing that such absence will be regarded as having broken the continuity of service;
(2) where an employee has been absent from such employee’s employment and the employer has notified the employee that such absence is regarded as a break in the continuity of service the employee may within 21 days of such notification from the employer, appeal to the Industrial Committee against such notification of the employer.
(l) Calculation of Month - For the purpose of this clause a month shall be reckoned as commencing with the beginning of the first day of the employment or period of employment in question and as ending at the beginning of the day which in the latest month in question has the same date number as that which the commencing day had in its month and if there be no such day in such subsequent month, it shall be reckoned as ending at the end of such subsequent month.
(m) Successor of Assignee or Transmittee - Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer’s predecessor at the time when they became such successor or assignee or transmittee, the employee in respect of the period during which that employee was in the service of the predecessor shall for the purpose of this clause be deemed to be in the service of the employer.
(n) Annual Closedown - Where an employer closes down their plant, or a section or sections thereof, for the purpose of allowing annual leave to all or the bulk of the employees in the plant, or section or sections concerned, the following provisions shall apply:
(i) The employer may, after giving not less than one month’s notice of their intention so to do, stand off for the duration of the close down all employees in the plant or section or sections concerned and allow to those who are not then qualified for four full weeks’ leave pursuant to subclause (a) of this clause, paid leave on a proportionate basis of 2.923 hours for each completed period of five ordinary working days worked.
(ii) An employee who has then qualified for four full weeks’ leave pursuant to subclause (a) of this clause and has also completed a further month or more of continuous service shall be allowed such leave and shall, subject to subclause (p) of this clause, also be paid a pro rata entitlement of 2.923 hours, wages in respect of each five ordinary working days worked since the close of that employee’s last 12-montly qualifying period.
(iii) Except where annual leave is allowed before the due date in accordance with subclause (i) of this clause the next twelve monthly qualifying period for employees affected by such close down shall commence from the date on which the plant or section or sections concerned is reopened for work. Provided that all time during which the employee is stood off without pay for the purposes of this subclause shall be deemed to be time of service in the next 12-montly qualifying period.
(iv) If in the first year of the employee’s service with an employer an employee is allowed proportionate annual leave under paragraph (i) of subclause (n) of this clause, and subsequently within such year leaves their employment or their employment is terminated by the employer, the employee shall be entitled to the benefit of subclause (j) of this clause, subject to adjustment for any proportionate leave which the employee may have been allowed as aforesaid.
(o) Notwithstanding the provisions of subclause (n) of this clause an employer, in order to maintain the efficient working of an enterprise or their service to the public may, subject to agreement with the union make an arrangement whereby the annual leave granted by the employer to the employees of the plant or any section thereof shall be taken by such employees in separate periods by means of either:
(i) two periods during which the employer’s plant or any section or sections thereof is or are closed down for the purpose of allowing annual leave to all or to the bulk of employees in the plant or section or sections concerned; or
(ii) the rostering of the periods during which annual leave shall be taken by employee in the plant or the section or sections concerned; or
(iii) a combination of one period of close down of the plant or section or sections concerned together with the rostering of the periods during which the employees therein shall take annual leave.
(p) Disputes - Any dispute as to the rights of an employee to or with respect to annual leave shall be dealt with by the Industrial Committee.
(q) Operation - Service before the date on which this award comes into force shall be taken into consideration for the purpose of calculating annual leave, but an employee shall not be entitled to leave or payment in lieu thereof for any period in respect to which leave or a payment in lieu thereof has been allowed or made under any award thereby superseded. The period of annual leave to be allowed under this subclause shall be calculated to the nearest day, any broken part of a day in the result not exceeding half a day to be disregarded.