Vol.359, Part 15 May 2006Pages 1 - 168
NEW SOUTH WALES
INDUSTRIAL GAZETTE
Printed by the authority of the
Industrial Registrar
50 Phillip Street, Sydney, N.S.W.
ISSN 0028-677X
CONTENTS
Vol. 359, Part 15 May 2006
Pages 1 - 168
Page
Awards and Determinations -
Awards Made or Varied -
Aged Care General Services (State) / (VIRC) / 97Australian Red Cross Blood Service Employees (State) / (VIRC) / 127
(VIRC) / 137
Boarding House Staff (Independent Schools) (State) Award 2004 / (VIRC) / 50
Boral St. Peters and Enfield Terminal (State) / (AIRC) / 24
Castlereagh Imaging Enterprise (State) Award 2003 / (VIRC) / 75
Charitable Institutions (Professional Paramedical Staff) (State) / (VIRC) / 94
Charitable Institutions (Professional Staff Social Workers) (State) / (VIRC) / 100
Charitable Sector Aged and Disability Care Services (State) Award 2003 / (VIRC) / 81
(VIRC) / 91
Charitable, Aged and Disability Care Services (State) / (VIRC) / 78
(VIRC) / 140
Divisions of General Practice (State) / (VIRC) / 106
Educators (Life Education) (State) Award 2006 / (AIRC) / 3
Maintenance, Outdoor and Other Staff (Independent Schools) (State) Award 2004 / (VIRC) / 41
Maintenance, Outdoor and Other Staff (Independent Schools) (State) Award 2004 / (VIRC) / 46
Maintenance, Outdoor and Other Staff (Independent Schools) (State) Award 2004 / (VIRC) / 47
Northcott (State) Award, The / (VIRC) / 115
Nurses On Wheels Inc. Nurses' (State) / (VIRC) / 59
Nursing Homes Professional Employees (State) / (VIRC) / 103
Orthoptists in Private Practice (State) / (VIRC) / 109
Private Hospital (Named Respondents) (State) / (VIRC) / 112
Private Hospital Employees (State) / (VIRC) / 118
Private Hospital Professional Employees (State) / (VIRC) / 72
Private Medical Imaging (State) Award 2004 / (VIRC) / 69
Richmond Fellowship of New South Wales (State) Award 1999, The / (VIRC) / 66
Royal Institute for Deaf and Blind Children Employees' (State) / (VIRC) / 124
School Support Staff (Independent Schools) (State) Award 2004 / (VIRC) / 53
Teachers (Independent Schools) (State) Award 2004 / (VIRC) / 62
Teachers Non-Government (English Colleges) (State) Award 2003 / (VIRC) / 56
Woolworths Limited and Woolstar Pty Limited Yennora, Moorebank, Helles Ave D.C. Award 2003 / (VIRC) / 121
PRACTICE DIRECTION NO. 18 / 1
Industrial Committees -
Ambulance Employees (State) / 159Bespoke Bootmakers, &c. (State) / 153
Charitable Institutions (Professional Para-Medical Staff (State) / 157
Charitable Institutions (Professional Staff Social Workers) (State) / 158
Drug Employees (State) / 154
Mannequins and Models (State) / 152
Motor Vehicle Salespersons (State) / 155
Pharmacists (State) / 156
Private Hospital Employees (Professional Staff) (State) / 161
Public Health Employees (State) / 160
Spastic Centre of New South Wales Employees (State) / 162
Warehouse Employees (State) / 151
Wholesale Fruit and Vegetable Employees (State) / 150
Enterprise Agreements Approved by the Industrial Relations Commission / 163
N.S.W. INDUSTRIAL GAZETTE — Vol. 3596 May 2006
NEW SOUTH WALES
INDUSTRIAL GAZETTE
Printed by the authority of the Industrial Registrar
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
PRESIDENT
The Honourable Justice F. L. WRIGHT†
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 Mr R. J. PATTERSON
Commissioner Mr P. J. CONNOR
Commissioner Mr B. W. O'NEILL
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
DEPUTY INDUSTRIAL REGISTRAR
Mr A. G. MUSGRAVE
- 1 -
N.S.W. INDUSTRIAL GAZETTE — Vol. 3596 May 2006
Industrial Relations Commission of New South Wales
PRACTICE DIRECTION No. 18
Disputes pursuant to section 146A (Referral Agreements) of the
Industrial Relations Act 1996
Pursuant to Rule 89 of the Industrial Relations Commission Rules 1996
- The purpose of this Practice Direction is to facilitate the resolution of section 146A matters before the Industrial Relations Commission of New South Wales by ensuring that such proceedings are conducted before the Commission in an efficient and expeditious manner and that practitioners and others who appear before the Commission do all they can to facilitate the just, quick and cost effective disposal of such proceedings.
- This Practice Direction will become effective 14 days after publication in the Industrial Gazette.
Manner of bringing a s146A Referral Agreement matter before the Commission.
- Parties who wish to bring disputes before the Commission under s146A shall do so by means of a dispute notification as provided by Form 4A. A copy of Form 4A is annexed.
The dispute notification should mention the referral agreement in Part 5 - 'the award, agreement or determination which applies' to the parties. Where the parties' referral agreement relates to parts of the Act in respect of which other kinds of forms of application are prescribed, then the notifier should annex forms which broadly conform with such other forms to the dispute notification.
Standard Directions
- The following standard directions apply in respect of matters listed pursuant to a s146A referral agreement:
- The notifier will ensure that a copy of the referral agreement is provided when the matter comes before the Commission, if a copy has not already been filed with the Industrial Registrar or annexed to the dispute notification.
- Each party will have a representative attending the Commission who is fully conversant with the matter and who has full authority in relation to the settlement of the matter.
- If the parties have agreed that the Commission is to exercise functions in respect of which standard directions or procedures have been established by the Commission (by Practice Direction or otherwise) those directions or procedures will apply to the proceedings.
Filing a general referral agreement
- Referral agreements do not require registration or certification by the Commission.
However, in the case of a general referral agreement, a copy of the agreement may be filed with the Commission by forwarding a copy of that agreement under cover of letter to the Industrial Registrar with a request that the document be received as a general referral agreement between the parties for the period of its duration.
Dated: 4 May 2006M J Walton J
Acting President
Form 4A
Notification to Industrial Registrar of Dispute
Note:(1) This form sets out the minimum information required by a Notification of a dispute made in accordance with a referral agreement made under s 146A of the Act. You need not follow the form set out below, but you MUST give the information required by this form.
(2) This notification may, but need not, be in the form required by Form A of Schedule 1. It may also be given in the form of a letter (preferably on letterhead identifying the notifier).
(3) Rule 27 allows Notifications to be given to the Registrar in a variety of ways. Where the Notification is not given in writing, however, you are required to confirm the Notification in writing as soon as possible.
(4) You need to serve a copy of the notification (or its confirmation) on the other parties to the dispute.
(5) Part 5 of the Industrial Commission Rules (Rules 24 to 29) deals with Dispute notifications, and you should refer to those Rules.
1. Name:
(State full name of notifier)
2. Address:
(Give full address details, including your postal address, telephone number, facsimile number and DX number if applicable.)
3. Capacity of notifier:
(State whether notifier is an industrial organisation, an employer, a person who is or is likely to be the subject of a secondary boycott in connection with the dispute or a State peak council, or, in the case of a dispute falling under section 332, an association of contract carriers, an association of contract drivers, a bailor of a public vehicle or a principal contractor)
4.The question, dispute or difficulty concerns the following industrial matters:
(set out briefly but specifically, in numbered paragraphs, particulars of the question, dispute or difficulty).
5.The award, agreement or determination which applies to the employees, etc is:
(State any industrial instrument which covers those involved in the dispute or which might be relevant to the determination of the dispute).
6. The person to contact on behalf of the notifier is:
(Give name, address (if different to that of the notifier) and telephone numbers of the person to contact about this dispute.)
7.The other persons affected by or involved in this question, dispute or difficulty are:
(name and address (including telephone numbers and contact names, if known) of all other persons who are or may be affected by the question, dispute or difficulty).
(Add if appropriate)
8.This notification involves the dismissal or threatened dismissal of an employee and
*an application will be made separately under *section 84 / *section 93, or
*†the notifier will be seeking orders in the dispute hearing that(set out orders sought)
*—delete as appropriate
†—where the notifier intends to seek a reinstatement order, Rule 26 requires that particulars of the claim be served promptly after notification of the dispute, unless an application under the relevant section is filed.
9.An application under section 380 for an order against (state which party to the dispute) in respect of a small claim will be made during the hearing‡.
‡—where the notifier intends to seek such an order, Rules 20 and 25 require that particulars of the claim in Form 5 be filed and served promptly after notification of the dispute.
Dated:
Signed:
Notifier
To the Industrial Registrar,
Sydney.
(913) / SERIAL C4558Educators (Life Education) (State) Award 2006
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by New South Wales Independent Education Union, Industrial Organisation of Employees.
(No. IRC 1019 of 2006)
Before The Honourable Justice Schmidt / 9 March 2006AWARD
Arrangement
PART A
Clause No.Subject Matter
1.Arrangement
2.Definitions
3.Salary Scales
4.No Extra Claims
5.Annual Leave and Vacation Leave
6.Public Holidays
7.Union Representatives
8.Sick Leave
9.Personal /Carer’s Leave
10.Other Leave
11.Long Service Leave
12.Portability
13.Terms of Engagement and Information to be Provided to Educators
14.Superannuation
15.Hours of Work
16.Training Period
17.Time in Lieu
18.Professional Education and Development
19.Redundancy
20.Salary Package
21.Disputes Procedures
22.Anti Discrimination
23.Joint Working Party
24.Leave Reserved
25.Area, Incidence & Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Other Rates and Allowances
2. Definitions
For the purpose of this award:
(a)"Educator" means a person employed by an employer who has satisfactorily completed basic training as a Trainee, and whose role includes the presentation of Life Education Programs and assistance to the employer in the work of Life Education and shall include persons employed as Trainers.
(b)"Trainee Educator" means a person accepted by Life Education NSW to undertake a training program for a specified period of time, which is currently 10 weeks but may be varied from time to time by Life Education NSW with any major changes to be advised to the New South Wales Independent Education Union.
(c)"Casual Educator" means an educator employed as such on a day to day basis. A casual Educator shall be employed in the place of another employee who is absent for a short-term period where there is a need to supplement the workforce, or in an emergency.
(d)"Part-time Educator" means an educator employed for regular days and regular hours less than a full-time Educator’s weekly hours or by agreement with the employee regular days and/or hours. Provided that where an employee has agreed to work regular days and/or hours they must be notified of the hours for the next term at least 4 weeks prior to the cessation of the preceding term.
(e)"Fixed-Term Educator" means an Educator who is engaged to work full-time or part-time for a specified period or periods. Upon appointment a fixed term Educator shall be provided with a letter of appointment which shall state the length of engagement, the commencing and finishing time of the engagement and the fact that the length of such an engagement may be varied by agreement.
(f)"Trainer" means an Educator who has from time to time the responsibility for Trainee Educators in relation to teaching practice.
(g)"Employer" means Life Education NSW, a company incorporated in New South Wales, or a licensee operating under the auspices of, or under a license agreement with, Life Education NSW.
(h)"Union" means the New South Wales Independent Education Union.
(i)"Working Party" means the working party established under Clause 23, Joint Working Party.
3. Salary Scales
3.1The minimum annual rate of salary payable to full-time Educators shall be as set out in Table 1 - Salaries, of Part B, Monetary Rates.
3.2All Educators beginning employment on or after 1 January 2002, shall commence employment, after training on step 1 of the scale and progress according to normal years of service to Step 10 of the scale.
Subject to the continuing satisfactory conduct, diligence and performance appraisal pursuant to clause 18.5 of an Educator, progression from one salary level to the next salary level shall be in accordance with subclause 3.2.
Where the Employer considers that the appraisal conduct, diligence or performance pursuant to clause 18.5 of an Educator is not satisfactory and the Employer considers that progression to the next salary level is not warranted, a formal review shall be undertaken pursuant to Clause 21, Disputes Procedure.
3.3Payment of Salary
(a)The salary payable to any Educator pursuant to this clause shall be payable fortnightly.
3.4Payment of Part-time and Casual Educators
(a)Part-time and Casual Educators shall be paid an hourly rate calculated as follows:-
Hourly rate / = / annual rate for full time educator52.14 x 37.5
(b)In addition, a Casual Educator shall be paid an additional amount of 20% of the applicable hourly rate.
Provided that the maximum rates payable to Casual Educators shall be Step 5.
The said rate for Casual Educators includes the pro-rata payment in respect of annual holidays to which the Educator is entitled in accordance with the Annual Holidays Act, 1944.
3.5Payment of Trainee Educators
Trainee Educators will be paid a weekly wage of $600 per week for the period of training or a maximum of ten weeks, after which time, the educators will commence on Step 1.
3.6Payment of Trainers
Trainers shall receive a daily allowance as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to their normal salary on any day on which they are required to work with one or more Trainee Educators. Payment of such allowance shall be for any additional time worked as a result of training duties on that day.
3.7Travelling Expenses and Allowances
(a)Travelling Expenses
An Educator who is regularly required to use his or her vehicle in the performance of work, other than travel to a static centre or nominated office, shall be paid a vehicle allowance to cover all expenses in accordance with Item 2 of the said Table 2 of Part B. In calculating distance travelled:
(i)Subject to sub-paragraph (iv) of this paragraph, where an Educator travels from home to varying places of employment, all kilometres travelled shall be included (including travel to and from work) provided that a distance of 25 kilometres for each day on which the travel is claimed shall not be counted.
(ii)Where an Educator stays away from home overnight in the performance of work, all travel reasonably incurred in the course of work while the Educator is absent from home shall be included; provided that 25 kilometres for each such trip away from home shall not be counted.
(iii)An Educator who lives outside the region covered by the employer shall not be entitled to claim travelling allowance from home to the region, except where there is express agreement between the Educator and the employer on this issue.
(iv)Where the provisions of subclause (iii) apply, an Educator will not be entitled to payment for the first 25 kilometres travelled within the boundary of the region. An Educator will be entitled to a motor vehicle allowance for any kilometres travelled by an Educator in excess of 25 kilometres within the boundary.
(v)This sub-clause contains minimum conditions and does not preclude a Committee and an Educator reaching agreement on more favourable conditions.
(b)Accommodation
(i)Where an Educator is required to stay away from home in the performance of work for up to one week, the Educator shall be provided with motel accommodation (or other similar accommodation) and shall be paid an allowance as set in Item 3 of Table 2 for all meals (including breakfast).
(ii)Where an Educator stays away from home in the performance of work and is not provided with motel accommodation, the Educator shall be provided with suitable accommodation with cooking facilities and shall receive an allowance as set out in Item 3 of Table 2 for all meals.
(iii)Where a Trainee Educator is required to stay away from home to attend initial training, the Trainee Educator shall be provided with suitable accommodation agreed upon between the Trainee Educator and the employer, and shall be paid an allowance as set in Item 3 of Table 2.
(iv)The parties to this award agree that it is reasonable that an Educator be entitled to stay overnight if the Educator would, if he or she did not stay away, be required to travel more than two hours each way or work more than twelve hours continuously in one day. Nothing in this subparagraph means that an Educator may be required to stay away from home.
(c)Meal Allowance for Finishing Work Late
Except as provided in paragraph (b) of this sub clause, where an Educator is required to work after 6.00pm and the Educator is not provided with a meal, the Educator shall be reimbursed for an evening meal by an amount of up to the amount set in Item 4 of Table 2.
(d)Other Expenses
Travelling and other out-of-pocket expenses (other than those covered by the provisions of the preceding paragraphs of this sub clause) reasonably incurred by an Educator or Trainee Educator in the performance of work required by the employer shall be reimbursed by the employer.
3.8Incremental Date
For the purposes of this clause, normal incremental date shall mean the annual anniversary date of an Educator's employment with the employer.
The incremental date of an educator who has taken a period of leave without pay shall be altered by adding the period of such leave without pay to the incremental date applicable to the educator prior to the leave without pay.
4. No Extra Claims
The union undertakes not to pursue any extra claims, award or over award, except when consistent with the State Wage Case principles and until further order of the Industrial Relations Commission of New South Wales.