(541) / SERIAL C6475
Potato Crisp Makers (State) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1553 of 2007)Before Commissioner Bishop / 5 February 2008
Clause No.Subject Matter
1.Hours of Labour
5.Rates of Pay
7.Saturdays, Sundays and Holidays
9.Casual and Part-time Employees
12.Annual Holidays Loading
13.Long Service Leave
18.Terms of Engagement
19.Utilisation of Skills
24.Dispute Settling Procedure
28.Anti Discrimination and Harassment
28A.Deduction of Union Membership Fees
29.Area, Incidence and Duration
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
1. Hours of Labour
(i)Subject to clause 2, Structural Efficiency, the ordinary hours of work prescribed herein shall not exceed twelve hours on any one-day. However, in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any one day the arrangement of hours shall be subject to agreement between the employer, each individual employee and/or the majority of employees in the plant or work section or sections concerned.
(ii)Subject to clause 3, Shift Work, the ordinary hours of work, exclusive of meal times, shall be an average of 38 hours per week, Monday to Friday, worked as follows:
(a)The hours to be worked will be between the span of hours of 6.00 a.m. to 6.00 p.m.
(b)Once having been fixed, the time for commencing and finishing work shall not be altered without at least seven days notice to the employees concerned or by mutual agreement between the employer and such employees. Where the majority of the employees and the employer so agree, the starting time may be varied to an earlier time.
(iii)Except as provided in subclauses (v) and (vi) below, the 38-hour average week may be implemented in any one of the following ways:
(a)By employees working less than eight ordinary hours each day; or
(b)by employees working less than eight ordinary hours on one or more days each week; or
(c)by fixing one weekday on which all employees will be off during a particular work cycle; or
(d)by rostering the employees off on various days of the week during a particular work cycle so that each employee has one weekday off during that cycle.
(iv)The method of working a 38-hour average week shall be at the discretion of the employer who shall nominate which method prescribed in subclause (iii) above shall apply. However, the employer shall not subsequently alter the method of implementation without advising the employee subject to the alteration at least seven days in advance of the date on which the altered method of implementation is to take effect.
(v)Subject to the provisions of subclause (i) of this clause and clause 3, Shift Work, should the employer and the majority of employees in any establishment agree, the ordinary working hours may exceed eight on any day, to enable a weekday off to be taken more frequently than would otherwise apply.
(vi)Different methods of implementation of a 38-hour week may apply to various groups or sections of employees in the plant or establishment concerned.
(vii)Except as provided in subclause (viii) hereof, in cases where an employee, in accordance with paragraphs (c) and (d) of subclause (iii) hereof, is entitled to a day off during the employee's work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday to be taken off.
(a)An employer, with the agreement of the majority of employees in any establishment, may substitute the day an employee is to take off in accordance with paragraphs (c) and (d) of subclause (iii) hereof, for another day in the case of a breakdown in machinery, a failure or shortage of electric power to meet the requirements of the business, in the event of rush orders, or some other emergency situation.
(b)An employee who is required by the employer to work on the employee's scheduled day off in circumstances other than those in paragraph (a) of this subclause shall be paid overtime rates or be granted an alternative day off. Such choice shall be at the option of the employee.
(c)An individual employee, with the agreement of the employer, may substitute the day to be taken off for another day.
(d)An employer may hold up to a maximum of five days accrued in accordance with (c) and (d) of subclause (iii) hereof.
The accrued days are to be taken at a time mutually agreed between the employer and the employee.
2. Structural Efficiency
(i)The parties to this award are committed to co-operating positively to increase the efficiency, productivity and competitiveness of industry and to enhance the career opportunities and job security of employees in the industry.
(ii)The employer, the employees and their relevant union or unions shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that quarry. Measures raised by the employer, employees or union or unions for consideration consistent with subclause (i) herein, shall be processed through that consultative mechanism and procedures.
(iii)Measures raised for consideration consistent with subclause (ii) herein shall be related to implementation of the new classification structure, the facilitative provisions contained in this award and, subject to clause 4, Training, matters concerning training.
(iv)Without limiting the rights of either an employer or a union to arbitration, any other measure designed to increase flexibility and sought by any party shall be notified to the Commission and, by agreement of the parties involved, shall be implemented subject to the following requirements:
the changes sought shall not affect provisions reflecting State "Test Case" standards;
the majority of employees affected by the change must genuinely agree to the change;
the relevant union or unions must be a party to the agreement;
the relevant union or unions shall not unreasonably oppose any agreement;
any agreement shall be subject to approval of the Industrial Relations Commission of New South Wales and, if approved, shall operate as a schedule to this award and take precedence over any provision of this award to the extent of any inconsistency.
3. Shift Work
(i)The ordinary hours of work shall be an average of 38 per week, to be worked on one of the following bases:
(a)38 hours within a work cycle not exceeding seven consecutive days; or
(b)76 hours within a work cycle not exceeding fourteen consecutive days; or
(c)114 hours within a work cycle not exceeding twenty-one consecutive days; or
(d)152 hours within a work cycle not exceeding twenty-eight consecutive days.
(a)The ordinary hours shall be worked continuously, except for meal breaks, at the discretion of the employer. An employee will not be required to work for more than five hours without a break for a meal. Except at regular changeover of shifts, an employee shall not be required to work more than one shift in each twenty-four hours.
(b)Subject to clause 2, Structural Efficiency, the ordinary hours of work prescribed herein shall not exceed ten hours on any one-day. In any arrangement of ordinary working hours where the ordinary working hours exceed eight on any shift, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant or work section or sections concerned.
(a)"Afternoon shift" means any shift finishing after 6.00 p.m. and at or before 12.00 midnight. Shift workers may be employed on afternoon shift which shall cease at or before midnight, Monday to Friday, inclusive, each week.
(b)Employees engaged on afternoon shift work shall be paid, in addition to the ordinary rates of wages prescribed by clause 5, Rates of Pay, an amount per week as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(a)"Night shift" means any shift finishing after midnight and at or before 8.00 a.m. Shift workers may be employed on night shift which shall cease at or before 8.00 a.m. on any day, Monday to Saturday, inclusive.
(b)Employees engaged on night shift work shall be paid, in addition to the ordinary rates of wages prescribed by clause 5, Rates of Pay, an amount per week as set out in Item 4 of Table 2 - Other Rates and Allowances, of the said Part B.
(v)This shift allowance prescribed by subclauses (iii) and (iv) of this clause is on a shift basis, the rate per shift being ascertained by dividing the shift allowance prescribed by the said subclauses by five.
(vi)Employees while engaged on such shift work shall be allowed a meal break of thirty minutes, which shall be paid for as time worked.
(vii)Employees may be employed on weekly part-time afternoon or night shifts of less than eight hours but not less than 6.5 hours.
(viii)For such part-time shifts, employees shall be paid pro rata amounts of the weekly rates prescribed by Table 1 - Rates of Pay, of Part B, Monetary Rates, according to the number of hours worked, plus a pro rata shift allowance calculated in the same manner.
(ix)Employees employed on a casual basis on afternoon or night shift work shall, in addition to all other payments prescribed by this subclause, be paid the casual loading of 15 per cent prescribed by subclause (iii) of clause 5, Rates of Pay.
(i)The parties to this award recognise that, in order to increase the efficiency, productivity and competitiveness of the industry, greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:
(a)developing a more highly skilled and flexible workforce;
(b)providing employees with career opportunities through appropriate training to acquire additional skills; and
(c)removing barriers to the utilisation of skills acquired.
(ii)Following proper consultation, an employer shall develop a training program consistent with:
(a)the current and future skill needs of the industry;
(b)the size, structure and nature of the operations of the industry;
(c)the need to develop vocational skills relevant to the industry and the snack food industry through courses conducted by accredited educational institutions and providers and through on-site courses.
(a)Where, as a result of consultation with the employee concerned, it is agreed that additional training in accordance with the program developed pursuant to subclause (ii) herein should be undertaken by an employee, that training may be undertaken either on or off the job. Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave:
(b)Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's technical library) incurred in connection with the undertaking of training shall be evidence of such expenditure. Provided that reimbursement shall also be on an annual basis, subject to the presentation of reports of satisfactory progress.
(c)Travel costs incurred by employees undertaking training in accordance with this clause, which exceed those normally, incurred in travelling to and from work shall be reimbursed by the employer.
(iv)Any disputes arising in relation to subclauses (i) and (iii) shall be subject to the provisions of clause 24, Dispute Settling Procedure.
5. Rates of Pay
(i)The weekly rates of pay to be paid to adult employees shall be as set out in (i), Adult Employees, of Table 1 - Rates of Pay, of Part B, Monetary Rates.
The weekly rate of pay to be paid to a junior employee shall be as set out in (ii), Juniors, of the said Table 1. Provided, however, that a junior employee 18 years of age or over who has completed at least three months' satisfactory service with an employer in this industry shall be paid the appropriate adult rate.
(ii)Leading Hands - Employees appointed as Leading Hands shall be paid an additional amount per week as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, to be calculated for all purposes of this award.
(iii)Casual Employees - Refer to clause 9, Casual and Part-time employees.
(iv)Team Leader - Arnotts Foods only, shall be paid an amount per week as set out in Item 2 of the said Table 2.
(v)The rates of pay in this award include the adjustments payable under the State Wage Case June 2007. These adjustments may be offset against:
(a)any equivalent overaward payments; and/or
(b)award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
(i)For all work performed on any day before the starting or after the finishing times provided for under clause 1, Hours of Labour, and clause 3, Shift Work, or fixed pursuant to an agreement under the said clause 1, Hours of Labour, and clause 3, Shift Work, the rates shall be time and one-half for the first two hours and at the rate of double time thereafter.
(a)When overtime work is necessary, it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.
(b)An employee (other than a casual employee) who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day so that they have not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c)If, on the instructions of their employer, such an employee resumes or continues work without having had such ten consecutive hours off duty they shall be paid at double rates until they are released from duty for such period and they shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(a)Overtime - in computing overtime, each day's work shall stand alone.
(b)Time worked outside the fixed hours for that day, by a worker arriving late, is to be considered ordinary time until the worker has worked the normal number of rostered hours for that day.
(c)Subject to genuine agreement between an employer and employee, an employee may elect to take time off in lieu of payment for ordinary hours of work performed outside the fixed commencing and ceasing time for ordinary hours. In such cases the time off shall be equivalent to the actual hours worked.
Notation: The provisions of this award, in particular this clause, shall be read in conjunction with the Occupational Health and Safety Act 2000.
(a)Subject to paragraph (b) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.
(b)An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours, which are unreasonable.
(c)For the purposes of paragraph (b) what is unreasonable or otherwise will be determined having regard to:
(i)any risk to employee health and safety;
(ii)the employee's personal circumstances including any family and carer responsibilities;
(iii)the needs of the workplace or enterprise;
(iv)the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(v)any other relevant matter.
7. Saturdays, Sundays and Holidays
(i)Any employee required to work on a Saturday, Sunday or holiday shall be paid at the prescribed rate of wage for work on such days for a minimum of four hours.
(ii)Overtime commencing on a Saturday shall be paid for at the rates prescribed under subclause (i) of clause 6, Overtime.
(iii)Work done on a Sunday shall be paid for at the rate of double time, with a guaranteed payment as for four hours work.
(iv)All work performed on a public holiday shall be paid for at the rate of double time and a half, plus, in the case of shift workers, the appropriate shift allowance as provided under subclauses (iii) and (iv) of clause 3, Shift Work.
(i)An employee shall not be required to work for more than five hours without a break for a meal. Provided that by agreement between an employer and each individual employee and/or the majority of employees in the enterprise, work section or sections concerned, an employee or employees may be required to work in excess of five hours, but not more than six hours, at ordinary pay without a meal break.
(ii)The time of taking a scheduled meal break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.
(iii)An employer may stagger the time of taking a meal or rest break to meet operational requirements.
(iv)Subject to the provisions of subclause (i) hereof, an employee employed as a regular maintenance person shall work during meal breaks at ordinary rates of pay whenever instructed to do so, for the purpose of making good breakdown of plant or upon routine maintenance of plant, which can be done while such plant is idle.