New south wales industrial gazette



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PART B
MONETARY RATES
Table 1 - Rates of Wages


Classification

Current

SWC 2007

SWC 2007




Amount

Adjustment

Amount




$

$

$

Race Club Employee 1 - 110%










Track Foreman

640.00

20.00

660.00

Foreman Gardener

640.00

20.00

660.00

Race Club Employee 2 - 100%










Tradesman

598.20

20.00

618.20

Race Club Employee 3 - 92.4%










Leading Hand (Track and Maintenance)

564.50

20.00

584.50

Leading Hand (Gardener)

564.50

20.00

584.50

Race Club Employee 4 - 89%










Track Crossing Attendant

550.30

20.00

570.30

Propagator

550.30

20.00

570.30

Race Club Employee 5 - 86%










Gardener (as defined)

537.80

20.00

557.80

Fettler

537.80

20.00

557.80

General Track or Maintenance Hand

537.80

20.00

557.80

Race Club Employee 6 - 82%










General Maintenance Labourer and Cleaner

521.10

20.00

541.10

Employee not elsewhere classified

521.10

20.00

541.10

Race Club Employee 7 - 78%










Employee undertaking up to 3 months on the job training

504.40

27.00

531.40



Plant Operators










Plant Operator 1 - (92.4%)

564.50

20.00

584.50

Plant Operator 2 - (87.4%)

543.70

20.00

563.70



Table 2 - Other Rates and Allowances


Item

Clause

Brief Description

Current

SWC 2007

No.

No.




Amount

Amount










$

$

1

3 (2) (a)

Employee other than a Plant Operator, required to

2.00 p/day or

2.10 p/day







use a scythe or operate a power mower

part thereof

or part thereof

2

3 (2) (b)

Employee, other than a Plant Operator, required to

2.00 p/day or

2.10 p/day







operate a tractor with or without attachments

part thereof

or part thereof







and/or front end loader







3

3 (2) (c)

Employees required to use pesticides, weedicide or

2.10 p/day

2.20 p/day







poisonous sprays







4

3 (2) (d)

First-aid allowance

2.80 p/day

2.90 p/day

6

3 (2) (e)

Meal allowance for overtime

8.50

8.80

7

3 (2) (f)

Horse handling allowance

2.00 p/day or

2.10 p/day or










part thereof

part thereof

"Note": These allowances are contemporary for expense related allowances as at 30 March 2007 and for work related allowances are inclusive of adjustment in accordance with the June 2007 State Wage Case Decision of the Industrial Relations Commission of New South Wales.

3. This variation shall take effect from the first full pay period to commence on or after 5 December 2007.

A. MACDONALD, Commissioner

____________________

Printed by the authority of the Industrial Registrar.



(578)

SERIAL C6393


Rock and Ore Milling and Refining (State) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1762 of 2007)


Before Commissioner Tabbaa

20 December 2007


REVIEWED AWARD
1. Insert in numerical order in the Arrangement of the award published 27 July 2001 (326 I.G. 429) the following new clause number and subject matter:
16A. Secure Employment
2. Insert after clause 16, Contract of Employment the following new clause:
16A. 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 twelve 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 twelve 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 full­time 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 either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSV);
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. Delete the fourth and fifth paragraphs of clause 29, Area, Incidence and Duration, and insert in lieu thereof the following.
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.




(580)

SERIAL C6313


Rubber Workers (State) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1644 of 2007)


Before Commissioner McLeay

19 November 2007


REVIEWED AWARD
1. Insert a colon ":" after the words "employees training" appearing in the second paragraph of paragraph (i) of subclause (a) of clause 2, Definitions, of the award published 13 July 2001 (326 I.G. 99) to read as follows:
"employees training:"
2. Insert an apostrophe "’" in the words "up to three months structured" appearing in paragraph (ii) of subclause (a) of the said clause 2, to read as follows:
"up to three months’ structured"
3. Delete the word "straining" appearing in paragraph (vi) of subclause (a) of the said clause 2, and insert in lieu thereof the word "training".
4. Delete the word "dor" appearing in subparagraph (1) of paragraph (vii) of subclause (a) of the said clause 2, and insert in lieu thereof the word "for".
5. Delete the word "8.00am" appearing in paragraph (iv) of subclause (b) of the said clause 2, and insert in lieu thereof the following:
"8.00 a.m."
6. Insert an apostrophe "’" in the words "48 hours notice" appearing in paragraph (v) of subclause (b) of the said clause 2, to read as follows:
"48 hours’ notice"
7. Delete the word "moneys" appearing in the second paragraph of paragraph (ii) of subclause (d) of clause 4, Contract of Employment and insert in lieu thereof the following:
"monies"
8. Delete the words "Appendix per" appearing in paragraph (i) of subclause (b) of clause 8, Wages and insert in lieu thereof the following:
"Appendix B per"
9. Delete the apostrophe "’" in the word "(C’th)" appearing in subparagraph (1) of paragraph (f) of subclause (i) of clause 11, Superannuation to read as follows.
"(Cth)"

10. Delete the words "Industrial Commission of New South Wales" appearing in paragraph (b) of subclause (v) and also in subparagraph (3) of paragraph (c) of subclause (v) of the said clause 11, and insert in lieu thereof the following:


"Industrial Relations Commission of New South Wales"
11. Delete the word "junior" appearing in subclause (a) of clause 13, Junior Rates and insert in lieu thereof the word "juniors".
12. Delete the words "sections concerned: Provided further" appearing in subclause (c) of clause 18, Hours Of Duty, and insert in lieu thereof the following:
"sections concerned; provided further"
13. Delete the word "shift" appearing in the second paragraph of subclause (j) of the said clause 18, and insert in lieu thereof the word "shifts".
14. Delete the words "appropriate rate: Provided that" appearing in subclause (d) of clause 24, Overtime and insert in lieu thereof the following:
"appropriate rate; provided that"
15. Delete the words "meal money: Provided that" appearing in subclause (a) of clause 25, Meals and insert in lieu thereof the following:
"meal money; provided that"
16. Delete the words "meals so provided: Provided that" appearing in subclause (a) of the said clause 25, and insert in lieu thereof the following:
"meals so provided; provided that"
17. Delete the words "period of annual leave: Provided further" appearing in the second paragraph of paragraph (v) of subclause (b) of clause 27, Sick Leave and insert in lieu thereof the following:
"period of annual leave; provided further"
18. Insert an apostrophe "’" in the word "employers" appearing in paragraph (d) of subclause (3) of clause 28, Personal/Carer's Leave to read as follows:
"employer’s"
19. Insert an apostrophe "’" after the words "3 days" appearing in subclause (i) of clause 29, Bereavement Leave, to read as the follows:
"3 days’"
20. Delete the words "Personal/Carers’ Leave" appearing in subclause (v) of the said clause 29, and insert in lieu thereof the following:
"Personal/Carer’s Leave"
21. Delete the words "12 months: Provided an employee" appearing in clause 30, Blood Donors and insert in lieu thereof the following:
"12 months; provided an employee"

22. Delete the words "under the Act: Provided that" appearing in paragraph (a) of subclause (3) of clause 32, Accident Pay and insert in lieu thereof the following:


"under the Act; provided that"
23. Delete the words "still be payable: Provided further" appearing in paragraph (a) of subclause (3) of the said clause 32, and insert in lieu thereof the following:
"still be payable; provided further"
24. Delete the words "three months: Provided further" appearing in the second paragraph of paragraph (ii) of subclause (j) of clause 33, Annual Leave and insert in lieu thereof the following:
"three months; provided further"
25. Delete the words "first pay period of commence on" appearing in the first paragraph of subclause (l) of the said clause 33, and insert in lieu thereof the following:
"first pay period to commence on"
26. Delete the words "September next following: Provided that" appearing in subparagraph (iii) of paragraph (A) of subclause (m) of the said clause 33, and insert in lieu thereof the following:
"September next following; provided that"
27. Delete the words "December close-down: Provided that" appearing in subparagraph (v) of paragraph (A) of subclause (m) of the said clause 33, and insert in lieu thereof the following:
"December close-down; provided that"
28. Delete the words "office ours" appearing in subclause (c) of clause 36, Payment of Wages, and insert in lieu thereof the following:
"office hours"
29. Delete the words "foregoing provisions: Provided that" appearing in subclause (c) of the said clause 36, and insert in lieu thereof the following:
"foregoing provisions; provided that"
30. Delete the words "of this clause; Provided further" appearing in subclause (c) of the said clause 36, and insert in lieu thereof the following:
"of this clause; provided further"
31. Delete the words "part of the wage: Provided however" appearing in subclause (c) of clause 38, Junior Workers, and insert in lieu thereof the following:
"part of the wage; provided however"
32. Insert after paragraph (a) of subclause (iv) of clause 46, Redundancy, the following:
(aa) Notice for Technological Change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause (ii) (a) (1) above:
(1) In order to terminate the employment of an employee the employer shall give to the employee 3 months’ notice of termination.
(2) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(3) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.
33. Delete subclause (d) of clause 50, 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.
This award remains in force until varied or rescinded, the period for which it was made already having expired.

J. McLEAY, Commissioner

____________________

Printed by the authority of the Industrial Registrar.





(589)

SERIAL C6433


Scientific Officers (Public Hospital Dietitians) State Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Health Services Union, Industrial Organisation of Employees.
(No. IRC 2681 of 2006)


Before Mr Deputy President Grayson

12 December 2007


ORDER OF RESCISSION
The Industrial Relations Commission of New South Wales orders that the Scientific Officers (Public Hospital Dietitians) State Award published 3 March 2006 (357 I.G. 808) as varied, be rescinded on and from 30 November 2007.

J. P. GRAYSON D.P.

____________________

Printed by the authority of the Industrial Registrar.



(631)

SERIAL C6355


Storemen and Packers, Wholesale Paint, Varnish and Colour Stores (State) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1729 of 2007)


Before Commissioner Stanton

30 November 2007


REVIEWED AWARD
1. Delete the words "paint an/or colour" in subclause (i) of clause 2, Definitions, of the award published 14 December 2001 (330 I.G. 327), and insert in lieu thereof the following:
"paint and/or colour"
2. Delete the words "be allowed shift workers" in paragraph (b) of subclause (ii) of clause 3, Hours, and insert in lieu thereof the following:
"be allowed to shift workers"
3. Delete the words "two day's pay" in subclause (iii) of clause 6, Payment of Wages, and insert in lieu thereof the following:
"two days' pay"
4. Delete the words "such advise shall be" in subclause (v) of clause 6A. Deduction and Remittance of Union Membership Fees, and insert in lieu thereof the following:
"such advice shall be"
5. Delete the words "four hour's pay" in subclause (iv) of clause 7, Overtime, and insert in lieu thereof the following:
"four hours' pay"
6. Delete paragraph (a) of subclause (ii) of clause 13, Annual Leave, and insert in lieu thereof the following:
(a) In addition to the leave prescribed by the Annual Holidays Act 1944, a further period of seven days' leave with 40 hours' pay at ordinary rates shall be allowed annually to employees after not less than 12 months' continuous service as seven day shift workers under this Award, less the period of Annual Leave.
7. Delete the words "12 month's continuous service" in paragraph (b) of subclause (ii) of clause 13, and insert in lieu thereof the following:
"12 months' continuous service"
8. Delete the words "doctor certificate" in subclause (ii) of clause 16, Sick Leave, and insert in lieu thereof the following:
"doctor's certificate"
9. Delete the words "three month's continuous service" in subclause (iii) of clause 16, and insert in lieu thereof the following:
"three months' continuous service"
10. Delete the words "two years continuous service" in subparagraph (2) of paragraph (a) of subclause (iv) of clause 17, Redundancy, and insert in lieu thereof the following:
"two years' continuous service"
11. Delete the words "3 months notice" in subparagraph (1) of paragraph (b) of subclause (iv) of clause 17, and insert in lieu thereof the following:
"3 months' notice"
12. Delete the words "employers agreement" in paragraph (d) of subclause 3, Annual Leave, of clause 18, State Personal/Carer's Leave, and insert in lieu thereof the following:
"employer's agreement"
13. Delete the words "two days bereavement leave" in subclause (a) of clause 23, Bereavement Leave, and insert in lieu thereof the following:
"two days' bereavement leave"
14. Delete subclauses (d) and (e) of clause 26, 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 30 November 2007.
(e) This award remains in force until varied or rescinded, the period for which it was made already having expired.

J.D. STANTON, Commissioner

____________________

Printed by the authority of the Industrial Registrar.



(543)

SERIAL C6382


Superannuation Administration Corporation (Salaries and Conditions) Award 2007
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1699 of 2007)


Before Commissioner Ritchie

18 December 2007


REVIEWED AWARD

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