1
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1997, s 25
Sunshine Coast Newspaper Co. Pty Ltd
AND
Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of
Employees, Queensland
(No. CA231 of 1999)
PRINTING TRADE- SUNSHINE COAST NEWSPAPER CO. PTY LTD
CERTIFIED AGREEMENT
COMMISSIONER EDWARDS
7 June 1999
APPLICATION FOR CERTIFICATION OF AGREEMENT
THIS AGREEMENT, made under the Workplace Relations Act 1997, this twenty-third day of September, 1999 between the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland and Sunshine Coast Newspaper Co. Pty Ltd witnesses that the parties mutually agree as follows:
PART 1 - PRELIMINARY
1.1This Agreement is arranged as follows:
Subject MatterClause No.
Part 1 - PRELIMINARY
Arrangement of Certified Agreement...... 1.1
Title...... 1.2
Application of Agreement...... 1.3
Agreement to be Posted...... 1.4
Posting Notices...... 1.5
Part 2 - TERMS AND CONDITIONS OF EMPLOYMENT
Termination of Employment...... 2.1
Settlement of Disputes...... 2.2
Part 3 - DEFINITIONS, WAGES, ALLOWANCES
Definitions...... 3.1
Rate of Wages...... 3.2
Apprentices Rates of Wages...... 3.2
Junior Rate of Wages...... 3.2
Service Payments...... 3.3
Casual Rates of Wages...... 3.3
Part Time Employees...... 3.4
Allowances...... 3.5
Visual Display Terminal - Allowance...... 3.5
Visual Display Terminal - Apprentices...... 3.5
Visual Display Terminal - Amount...... 3.5
Leading Hands and Supervisors...... 3.6
Night Work Allowance...... 3.7
Saturday and Sunday Night - Monday Morning Work...... 3.8
Meal Allowance...... 3.9
First Aid Kit and Allowance...... 3.10
Payment of Wages...... 3.11
Record of Time Worked...... 3.12
Part 4 - HOURS OF WORK, OVERTIME
Hours and Work Cycles...... 4.1
Rosters...... 4.2
Overtime...... 4.3
Meal Period...... 4.4
Rest Pauses...... 4.5
Calls...... 4.6
Part 5 - STATUTORY HOLIDAYS, LEAVE
Annual Leave...... 5.1
Annual Leave - Six Weeks Three Days...... 5.1
Payout of Annual Leave...... 5.1
Annual Leave - Four Weeks One Day...... 5.1
Public Holidays...... 5.2
Sick Leave...... 5.3
Long Service Leave...... 5.4
Family Leave...... 5.5
Compassionate Leave...... 5.6
Trade Union Training Leave...... 5.7
Part 6 - MISCELLANEOUS PROVISIONS
Workplace Efficiency...... 6.1
Productivity & Flexibility...... 6.2
Flexibility & Work Practices...... 6.3
Protective Clothing...... 6.4
Health Provisions...... 6.5
Eye and Hearing Tests...... 6.6
Mixed Functions...... 6.7
Proportion - Juniors...... 6.8
Duties - Juniors...... 6.9
Voluntary Redeployment, Relocation and Redundancy...... 6.10
Superannuation...... 6.11
Health Insurance...... 6.12
Training...... 6.13
Part 7 - GENERAL CONDITIONS
Prohibition - Apprenticeship Trade...... 7.1
Restriction of Taking Work Off Company Premises...... 7.2
Interpretation...... 7.3
No Extra Claims...... 7.4
Contracting Out of Agreement...... 7.5
Part 8 - OPERATION OF AGREEMENT
Operation of Agreement...... 8.1
Schedule 'A' - Skill Levels
1.2Title
This Agreement shall be known as the Printing Trade B Sunshine Coast Newspaper Co. Pty Ltd Certified Agreement.
1.3Application of Agreement
(a)Subject to subclause (b) hereof this Agreement shall apply to the employees in respect of employment by Sunshine Coast Newspaper Co. Pty Ltd.
(b)This Agreement shall not apply to employees in any commercial printing sections which are operated, incorporated or may be acquired by, or consolidated into Sunshine Coast Newspaper Co. Pty Ltd.
1.4Agreement to be Posted
A copy of this Agreement with any variations thereof, shall be kept posted in a prominent place in each workroom where it may be read by employees.
1.5Posting Notices
With the approval of the Company, the Union may be permitted to post notices as to Union meetings on a board at each establishment in a reasonable manner.
PART 2 - TERMS AND CONDITIONS OF EMPLOYMENT
2.1Termination of Employment
(a)Termination of weekly and part-time employees shall be by one weeks notice by the employee and in order to terminate the employment of an employee the Company shall give the following notice:
Period of Commencement
1 year or less...... 1 week
1 year & up to the completion of 3 years...... 2 weeks
3 years & up to the completion of 5 years...... 3 weeks
5 years and over...... 4 weeks
(b)In addition to the notice in (a) above, employees over 45 years of age at the time of giving notice and with not less than two years continuous service, shall be entitled to an additional 1 week's notice
(c)Payment in lieu of notice shall be made if appropriate notice is not given. The Company may elect to make payment in lieu of the whole or part of notice given.
(d)Provided always that the notice referred to in this clause shall not be given so as to act concurrently with any annual leave to which the employee may be entitled.
(e)An employee who is guilty of misconduct malingering, inefficiency or neglect on duty may be dismissed at any time without notice or payment in lieu of notice, and in such cases wages shall be paid up to the time of dismissal only.
2.2Settlement of Disputes
In relation to any matter that may be in dispute between the Parties to this Agreement ('the matter'), the Parties:
(a)will attempt to resolve the matter at the workplace level, including, but not limited to:
(i)the employee and his/her supervisor meeting and conferring on the matter; and
(ii)if the matter is not resolved at such a meeting, the Parties arranging further discussions involving more senior levels of management (as appropriate); and
(b)acknowledge the right of either party to appoint another person to act on behalf of the party in relation to resolving the matter at the workplace level; and
(c)agree to allow either party to refer the matter to mediation if the matter cannot be resolved at the workplace level; and
(d)agree that if either party refers the matter to mediation, both Parties will participate in the mediation process in good faith; and
(e)acknowledge the right of either party to appoint another person to act on behalf of the party in relation to the mediation process; and
(f)agree that during the time when the Parties attempt to resolve the matter:
(i)the Parties continue to work in accordance with their contract of employment unless the employee has a reasonable concern about an imminent risk to his/her health or safety; and
(ii)subject to relevant provisions of any State or Territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his/her health or safety, the employee must not unreasonably fail to comply with a direction by his/her employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform; and
(iii)the Parties must co-operate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and
(g)agree not to commence an action:
(i)to obtain damages for breaches of an Agreement; or
(ii)the party initiating the action has genuinely attempted to resolve the dispute at the workplace level; and
(iii)either:
(A)a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not requested; or
(B)mediation was requested by either party and the mediation has been completed.
PART 3 - DEFINITIONS, WAGES AND ALLOWANCES
3.1Definitions
(a)Actual Rate of Wage - Actual rate of wage is defined as the total amount an employee would normally receive for performing 37.5 hours of ordinary work. Provided that such rate shall expressly exclude the overtime, penalty rates, incremental service payments, disability allowance, shift allowance, special rates, fares and travelling time allowance, and any other ancillary payment of like nature.
(b)Casual Employees
(i)A casual employee is one who is engaged and paid as such.
(ii)When engaging an employee he or she is to be advised of the casual term and conditions of agreement.
(iii)A casual employee shall not accrue nor have entitlement to leave. Leave includes, but is not limited to; annual leave; sick leave; maternity leave; paternity leave; carers leave; family leave; compassionate leave.
(c)Part Time Employee - A part-time employee is a weekly employee who works less than full-time hours and has reasonably predictable hours of work over a work cycle.
(d)Union means the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland.
(e)Week - For the purposes of this Agreement a week shall be deemed to be any period of ordinary working hours spread over 5 days for an employee engaged on day work and 6 days for an employee engaged on night work.
3.2Rate of Wages
(a)The minimum weekly rate of wages payable to adult employees includes the sum of the Base Rate, Supplementary Payment, Arbitrated Safety Net Adjustments and Productivity Payment.
minimum weekly rate of wages payable to adult employees includes the sum of the Base Rate, Supplementary Payment, Arbitrated Safety Net Adjustments and Productivity Payment:-Weekly
Wage Rates / RATE
with effect
23.09.1998 / RATE
with effect
01.10.99 / RATE
with effect
01.10.2000
Skill Level / ADULT
EMPLOYEES
1 / $407.30 / $416.50 / $424.80
2 / $443.80 / $453.80 / $462.90
3 / $456.30 / $466.60 / $475.90
4(a) / $482.40 / $493.30 / $503.20
4(b) / PUBLISHING EMPLOYEES / $493.90 / $505.00 / $515.10
5 / $522.00 / $533.80 / $544.50
6 / $548.30 / $560.60 / $571.80
7(a) / $574.20 / $587.10 / $598.80
7(b) / Work not using VDT.
Operating a reel-fed printing machine producing monochrome or spot colour work to daily newspaper quality standard. / $577.70 / $590.70 / $602.50
8 / $600.40 / $613.90 / $626.20
age (between) / JUNIORS
JUNIOR INSERTERS
15 & 16 / 45% of Skill level 2 / $199.70 / $204.20 / $208.30
16 & 17 / 50% of Skill level 2 / $221.90 / $226.90 / $231.50
17 & 18 / 55% of Skill level 2 / $244.10 / $249.60 / $254.60
18 & 19 / 65% of Skill level 2 / $288.50 / $295.00 / $300.90
19 & 20 / 75% of Skill level 2 / $332.90 / $340.40 / $347.20
20 & 21 / 85% of Skill level 2 / $377.20 / $385.70 / $393.50
OTHER JUNIORS
15 & 16 / 45% of Skill level 3 / $205.30 / $210.00 / $214.20
16 & 17 / 50% of Skill level 3 / $228.20 / $233.30 / $238.00
17 & 18 / 55% of Skill level 3 / $251.00 / $256.60 / $261.80
18 & 19 / 65% of Skill level 3 / $296.60 / $303.30 / $309.30
19 & 20 / 75% of Skill level 3 / $342.20 / $350.00 / $356.90
20 & 21 / 85% of Skill level 3 / $387.90 / $396.60 / $404.50
Weekly
Wage Rates / RATE
with effect
23.09.1998 / RATE
with effect
01.10.99 / RATE
with effect
01.10.2000
JUNIOR ARTISTS
under 17 / 37.5% of Skill level 7(a) / $215.30 / $220.20 / $224.60
17 & 18 / 47.5% of Skill level 7(a) / $272.80 / $278.90 / $284.40
18 & 19 / 60% of Skill level 7(a) / $344.50 / $352.30 / $359.30
19 & 20 / 72.5% of Skill level 7(a) / $416.30 / $425.70 / $434.10
20 & 21 / 87.5% of Skill level 7(a) / $502.40 / $513.70 / $524.00
year / APPRENTICES
1st. / 40% of Skill level 7(a) / $229.70 / $234.80 / $239.50
2nd. / 55% of Skill level 7(a) / $315.80 / $322.90 / $329.30
3rd. / 75% of Skill level 7(a) / $430.70 / $440.30 / $449.10
4th. / 90% of Skill level 7(a) / $516.80 / $528.40 / $538.90
Note: VDT allowance payable commencing at 3rd. Year when VDT used in production.
(b)The amounts set out above include the percentage increases hereunder, from the beginning of the first pay period to commence on or after:
2.25%...... 23rd September, 1998
2.25%...... 1st October, 1999
2.00%...... 1st October, 2000;
(c)A permanent employee after twelve (12) years and up to twenty (20) years of continuous service shall be paid a service payment of $3.80 per week.
A permanent employee after twenty (20) years of continuous service shall be paid a service payment of $7.70 per week.
The service payments prescribed herein shall be part of the employee's wage for calculation of overtime, sick leave, superannuation, annual leave and long service leave.
(d)Apprentices shall be paid the following percentages of Skill Level 7(a):
1st Year...... 40%
2nd Year...... 55%
3rd Year...... 75%
4th Year...... 90%
Apprentice rates shall be calculated in multiples of ten cents, with any result of five cents or more being taken to the next highest ten cents.
Juniors:
(i)Inserters:
The following percentages of the rate for Skill Level 2 shall be paid:
Between 15 and 16 years of age...... 45%
Between 16 and 17 years of age...... 50%
Between 17 and 18 years of age...... 55%
Between 18 and 19 years of age...... 65%
Between 19 and 20 years of age...... 75%
Between 20 and 21 years of age...... 85%
And thereafter the adult rate for Skill Level 2 .
(ii)Others:
The following percentages of the rate for Skill Level 3 shall be paid:
Between 15 and 16 years of age...... 45%
Between 16 and 17 years of age...... 50%
Between 17 and 18 years of age...... 55%
Between 18 and 19 years of age...... 65%
Between 19 and 20 years of age...... 75%
Between 20 and 21 years of age...... 85%
And thereafter the adult rate for Skill Level 3.
(iii)Artists:
Where the work is performed by a junior artist and/or Designer (including a junior commercial artist) the minimum rate of wage shall be the undermentioned percentages of an adult employee's Agreement rate of wage prescribed in Skill Level 7:
Under 17 years of age...... 37.5%
Between 17 and 18 years of age...... 47.5%
Between 18 and 19 years of age...... 60.0%
Between 19 and 20 years of age...... 72.5%
Between 20 and 21 years of age...... 87.5%
And thereafter the adult rate for Skill Level 7.
(iv)Junior rates shall be calculated in multiples of ten cents, with any result of five cents or more being taken to the next highest ten cents.
3.3Casual Rates of Wages
(a)A casual employee shall be paid an appropriate hourly rate for the work prescribed by this Agreement. The appropriate hourly rate is ascertained by dividing the weekly rate prescribed by subclause (a) of clause 3.2 by 37.5 hours to which shall be added an amount of 19 per cent.
(b)(i)In addition to the rate prescribed above, when the casual employee is employed on night work that employee shall be paid the appropriate night work allowance as prescribed by subclause (a) of clause 3.7, which amount shall be divided by 37.5 hours to calculate the hourly rate.
(ii)When a casual employee is employed on a Saturday and other employees work ordinary hours of work on such day, the additional amount payable to employees under subclause (a)(i) of clause 3.8 shall be paid to such casual employee provided if such casual employee is employed on Skill Levels 1 to 4 inclusive, in lieu of the aforementioned additional amount he/she shall be paid for the time worked, or the appropriate minimum provided in subclause (c) hereof, at the rate of time and a half.
(iii)When a casual employee is employed on work for which an additional amount is payable in accordance with subclause (b)(i) of clause 3.8, then the employee shall be paid such additional amount which shall be divided by 7.5 to calculate the hourly rate.
(c)Where a casual employee commences duty or where the Company expressly agrees to employ a casual employee on any employment and in pursuance of such agreement the casual employee attends for duty such employee shall be paid for four hours at the least, provided if such casual employee is employed under Skill Level 2, on the work of inserting, then such employee shall be paid for two hours at the least, and provided further if such casual employee is employed under Skill Level 4, on the work of publishing, then such employee shall be paid for three hours at the least.
(d)A casual employee working on any public holiday prescribed by subclauses 5.2(a) and 5.2(b) shall be paid double time and a half with the addition of nineteen (19) per cent.
(e)Where a casual employee is required to work in excess of seven and a half (7.5) hours, he/she shall be paid in accordance with subclause (a) of the clause 4.3 of this Agreement. Such payment shall be calculated on the employee's rate of pay as a casual employee.
(f)A casual employee who has been employed on a regular and systematic basis and has for a continuous period in excess of a twelve months and has been averaging at least a minimum number of hours which is to be determined by agreement between the parties, shall be afforded the option of requesting a reclassification of employment from casual to part-time employment.
(g)Such a variation ('f' above) of terms of engagement shall be agreed to by the Company provided that the following conditions are met:
(i)The casual employee requests the change.
(ii)The Company has a requirement for the continued performance of the work.
(iii)Provided that this shall not include a casual employee employed under skill level 2 on the work of inserting.
(h)Casual 'loading' as prescribed by the Award shall cease with the commencement of the part-time engagement, however there shall be no reduction in the employees grade.
3.4Part-Time Employees
(a)Part-time employees shall be weekly employees employed pursuant to this Agreement.
(b)The parties shall at the enterprise level agree on a regular cyclical pattern of work which is not limited to a week, but may be a part of a week, or a number of weeks or a combination of both. This agreement shall specify at the least; the duration of the cycle; the hours to be worked by the employee; the days upon which they will be worked by the employee and the commencing and finishing times for the work; and on the classification applying to the work to be performed in accordance with the skill level of the employee. The terms of this agreement or any variation be in writing and retained by the Company. A copy of the agreement and any variation to it shall be provided to the employee by the company.
(c)A roster shall be compiled and posted in each department in a conspicuous place. The rosters when completed shall be posted to give all part time employees three (3) clear day's notice of the proposed roster of shifts.
(d)The hours once having been set may be changed by the company as set out in 4.2(c) (i), (ii), (iii), except that the notice in 4.2(c)(ii) shall be reduced to three (3) days.
(e)Where part-time employees are required to change from one shift to another for the greater part of a working week, they shall receive ten (10) clear day's notice.
(f)Unless otherwise agreed a part- time employee shall only work one 11 hour shift per week.
(g)Each pay period the part-time employee will be paid for the hours actually worked during the period.
(h)Provided that the part-time employee has been available for rostered work during the cycle and not has not been absent on account of any planned (eg annual leave) or unplanned (eg sick leave) absence, then the part time employee will be guaranteed to receive a payment for ordinary time earnings at least equivalent to the notional minimum hours agreed for the cycle.
(i)A part-time employee not engaged in publishing shall be engaged for a minimum of four (4) consecutive hours on any day upon which that employee is scheduled to work.
(j)A part-time employee engaged in publishing shall be engaged for a minimum of three (3) consecutive hours on any day upon which that employee is scheduled to work.
(k)A part-time employee shall receive pro rata pay and conditions of full-time employee performing the same class of work.
(l)A part-time employee shall be paid overtime for all time worked in excess of 37.5 hours per week.
(m)Where the part-time employee's normal paid hours fall on a public holiday and the company does not require work to be performed by the employee, such employee shall not lose pay for the day. Where the employee works on the holiday, the employee shall be paid in accordance with clause 5.2 of this Agreement.
(n)Day Work and Night Work shall be as set out in this agreement and the appropriate rates shall apply.
(o)The payment or deduction of payment in lieu of termination of employment as provided in clause 2.1 of this Agreement shall be of an amount equal to the weekly wage payable under subclause (b) of this clause.
(p)Annual Leave may be taken and paid as either rostered hours for shift or week, or if requested by employee paid to a maximum of 7.5 hours for one day and up to a maximum of 37.5 hours for one week the actual leave paid being deducted from the part-time employees accrual for that class of leave.
3.5Allowances
Visual Display Terminals Allowance -
(a)Allowances shall be paid to employees who are operating visual display terminals in accordance with the provisions of this clause.