New south wales industrial gazette
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- Bu səhifədəki naviqasiya:
- INDUSTRIAL GAZETTE Printed by the authority of the Industrial Registrar INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES ACTING PRESIDENT
- INDUSTRIAL REGISTRAR Mr M. GRIMSON ACTING DEPUTY INDUSTRIAL REGISTRAR
- SERIAL C6391 Catholic Schools Long Service Leave Portability (State) Award
- The Catholic Diocesan System Authority of
- CATHOLIC INDEPENDENT SCHOOLS
- ONE YEAR QUALIFYING PERIOD
- FIVE YEAR QUALIFYING PERIOD
- ANNEXURE D 14. Delete the heading "Annexure F" appearing in Part B and insert in lieu thereof the following: ANNEXURE E
- SERIAL C6403 Coal Superintending Samplers (State) Award
- SERIAL C6427 Coal Superintending Samplers (State) Award
- 7. State Wage Case Adjustments
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Vol. 365, Part 1 14 March 2008 Pages 1 – 432  NEW SOUTH WALES
INDUSTRIAL GAZETTE Printed by the authority of the Industrial Registrar 47 Bridge Street, Sydney, N.S.W. ISSN 0028-677X CONTENTS Vol. 365, Part 1 14 March 2008 Pages 1 — 432 Page Awards and Determinations — Awards Made or Varied —
NEW SOUTH WALES INDUSTRIAL GAZETTE Printed by the authority of the Industrial Registrar INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES ACTING PRESIDENT The Honourable Justice M. J. WALTON, Vice President† VICE-PRESIDENT The Honourable Justice M. J. WALTON† MEMBERS 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 AM The Honourable Justice R. P. BOLAND† Mr Deputy President J. P. GRAYSON The Honourable Justice W. R. HAYLEN† The Honourable Justice P. J. STAUNTON AM† The Honourable Justice C. G. STAFF† The Honourable Justice A. F. BACKMAN†
Commissioner Ms I. TABBAA Commissioner Ms D. S. McKENNA Commissioner Mr J. P. MURPHY Commissioner Mr I. W. CAMBRIDGE Commissioner Ms E. A. R. BISHOP Commissioner Ms J. McLEAY Commissioner Mr A. W. MACDONALD Commissioner Mr D. W. RITCHIE Commissioner Mr J. D. STANTON †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 M. GRIMSON ACTING DEPUTY INDUSTRIAL REGISTRAR Ms M. ANASTASI
Animal Food Makers, &c. (State) Award INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Review of Award pursuant to Section 19 of the Industrial Relations Act 1996. (No. IRC 1641 of 2007)
REVIEWED AWARD 1. Insert a colon ":" after the word "plant" appearing in paragraph (12) of subclause (4) of clause 2, Definitions, of the award published 1 June 2001 (325 I.G. 112), to read as follows: "plant:" 2. Delete the inverted commas "”" after the word "disregarded.”" appearing in subclause (c) of clause 7, Junior Rates. 3. Delete the word "Association" appearing in subclause (b) of clause 9, Special Rates and also in paragraph (ii) of subclause (c) of the said clause 9, and insert in lieu thereof the following: "Union" 4. Delete in the "NOTE:" paragraph the inverted commas "”" after the word "Adjustments.”" in subclause (i) of clause 9, Special Rates. 5. Insert a "(s)" after the word "employee" appearing at the end of subclause (j) of clause 13, Hours - Shiftwork, to read as follows: "employee(s)" 6. Insert the word "of" after the word "one-fifth" appearing in paragraph (iii) of subclause (k) of the said clause 13. 7. Insert an apostrophe "’" after the words "at least three hours" appearing in subclause (b) of clause 14, Overtime, to read as follows: "at least three hours’" 8. Delete the words "Provided that each such holiday shall be of the 24 hours" appearing in the second paragraph of paragraph (iv) of subclause (a) of clause 17, Public Holidays, and insert in lieu thereof the following: "Provided that each such holiday shall be of 24 hours" 9. Delete the words "the first day or shift of his absence" appearing in paragraph (i) of subclause (a) of clause 20, Sick Leave, and insert in lieu thereof the following: "the first day or shift of his/her absence" 10. Insert an apostrophe "’" in the word "employers" appearing in paragraph (d) of subclause (3) of clause 21, Personal/Carer's Leave, to read as follows: "employer’s" 11. Delete the words "hours worked by the employee on one ordinary day’s work" appearing in subclause (vii) of clause 23, Bereavement Leave, and insert in lieu thereof the following: "hours worked by the employee in one ordinary day’s work" 12. Delete the word "union’s " appearing in the first paragraph of clause 34, Copy of Award, etc., and insert in lieu thereof the word "Union's". 13. Delete the word "fore" appearing in section (ii) of subparagraph (1) of paragraph (a) of subclause (iv) of clause 36, Redundancy, and insert in lieu thereof the word "for". 14. Insert an apostrophe "’" after the word "3 months" appearing in subparagraph (1) of paragraph (b) of subclause (iv) of the said clause 36, to read as follows: "3 months’" 15. Delete the word "issue" appearing in subclause (v) of clause 38, Workplace Consultation and insert in lieu thereof the word "issues" 16. Delete the word "authorised" appearing in paragraph (e) of subclause (v) of clause 41, Superannuation, and insert in lieu thereof the word "authorise". 17. Delete subclauses (d) and (e) of clause 42, Area, Incidence and Duration, and insert in lieu thereof the following: (d) The changes made to the award pursuant to the Award Review pursuant to 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 19 November 2007. (e) This award remains in force until varied or rescinded, the period for which it was made already having expired. 18. Delete the words "Starch and condiment Makers, &c. (State)" under the heading "INDUSTRIES AND CALLINGS" appearing after the said clause 42, and insert in lieu thereof the following: "Starch and Condiment Makers, &c. (State)" J. McLEAY, Commissioner ____________________ Printed by the authority of the Industrial Registrar.
Catholic Schools Long Service Leave Portability (State) Award INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Review of Award pursuant to Section 19 of the Industrial Relations Act 1996. (No. IRC 1764 of 2007)
REVIEWED AWARD 1. Delete Part B of clause 2, Arrangement of the award published 13 May 2005 (350 I.G. 1140), and insert in lieu thereof the following: PART B Annexure A - Parties to the Award Annexure B - One Year Qualifying Period Annexure C - Five Year Qualifying Period Annexure D - Agreement and Application to Transfer Long Service Leave Annexure E - Employee Information Sheet
7. Delete the table appearing in Annexure A - Parties to the Award of Part B, and insert in lieu thereof the following:
8. Delete the heading "One Year Barrier" appearing in Annexure B of Part B, and insert in lieu thereof the following: ONE YEAR QUALIFYING PERIOD 9. Delete the table appearing in Annexure B - One Year Qualifying Period of Part B, and insert in lieu thereof the following:
* Note: In respect of service prior to 30 January 2006, Boys' Town, Engadine, and St Mary Star of the Sea College, Wollongong, were Annexure C employers (Five Year Qualified). 10. Delete the heading "Five Year Barrier" appearing in Annexure C of Part B, and insert in lieu thereof the following: FIVE YEAR QUALIFYING PERIOD 11. Delete the table appearing in Annexure C - Five Year Qualifying Period of Part B, and insert in lieu thereof the following:
12. Delete Annexure D - One Year Barrier of Part B. 13. Delete the heading "Annexure E" appearing in Part B and insert in lieu thereof the following: ANNEXURE D 14. Delete the heading "Annexure F" appearing in Part B and insert in lieu thereof the following: ANNEXURE E I. TABBAA, Commissioner ____________________ Printed by the authority of the Industrial Registrar.
Coal Superintending Samplers (State) Award INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Review of Award pursuant to Section 19 of the Industrial Relations Act 1996. (No. IRC 1753 of 2007)
REVIEWED AWARD 1. Insert in Part A of clause 1, Arrangement, of the award published 28 September 2001 (328 I.G. 218), the following new clause number and subject matter: 19A. Secure Employment 2. Insert after clause 19, Casual Employees the following new clause: 19A. Secure Employment (a) Objective of this Clause The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees. (b) Casual Conversion (i) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause. (ii) Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement. (iii) Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (iv) Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion. (v) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer. (vi) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon: (1) whether the employee will convert to full-time or part-time employment; and (2) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW); Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee. (vii) Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause. (c) Occupational Health and Safety (i) For the purposes of this subclause, the following definitions shall apply: (1) A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer. (2) A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees. (ii) Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business): (1) consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements; (2) provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely; (3) provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and (4) ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks. (iii) Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998. (d) Disputes Regarding the Application of this Clause Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award. (e) This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council. 3. Insert in clause 34, Area, Incidence and Duration, the following new paragraph: The changes made to the award pursuant to the Award Review pursuant to 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. I. TABBAA, Commissioner ____________________ Printed by the authority of the Industrial Registrar.
Coal Superintending Samplers (State) Award INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Application by The Australian Workers' Union, New South Wales, Industrial Organisation of Employees. (No. IRC 2150 of 2007)
VARIATION 1. Delete clause 7, State Wage Case Adjustments, of the award published 28 September 2001 (328 I.G. 218), and insert in lieu thereof the following: 7. State Wage Case Adjustments The rates of pay in this award include the adjustments payable under the State Wage Case 2007. These adjustments may be offset against: (i) any equivalent overaward payment; and/or (ii) 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: Yüklə 3,36 Mb. Dostları ilə paylaş:
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