1. - AWARD STRUCTURE
1.1 - TITLE This Award shall be known as the Nickel Refining Award, 1971, as amended and consolidated and replaces Award numbered 26 of 1969, as amended.
1.2 - ARRANGEMENT 1. Award Structure 1.1 Title 1.2 Arrangement 1.3 Area and Scope 1.4 Term 1.5 Definitions 2. Contract of Employment 2.1. Contract of Service 3. Hours of Work 3.1 Hours of Work 3.2 Shift Work 3.3 Overtime 3.4 Saturday Work 3.5 Sunday and Public Holiday Work 3.6 Rest Breaks and Recall to Work - All Employees 4. Rates of Pay 4.1 Minimum Adult Award Wage 4.2 Wages 4.3 Junior Employees 4.4 Traineeships 5. Allowances and Facilities 5.1 Mixed Functions 5.2 Special Rates 5.3 Travelling 6. Leave 6.1 Annual Leave 6.2 Public Holidays 6.3 Long Service Leave 6.4 Sick Leave 6.5 Carer's Leave 6.6 Bereavement Leave 6.7 Parental Leave 6.8 Jury Service 7. Dispute Resolution Procedure 7.1 Dispute Resolution Procedure 8. Keeping of Records 8.1 Employment Records 8.2 Right of Entry for Discussions with Employees 8.3 Right of Entry to Investigate Breaches 8.4 Payment of Wages 9. Registered Organisations Matters 9.1 Notice Board 9.2 Shop Stewards 10. Superannuation 10.1 Superannuation 11 Redundancy 11.1 Redundancy 12. Named Parties and Respondents 12.1 Named Parties and Respondents Appendix One Formulas
1.3 - AREA AND SCOPE This Award shall apply to the employees employed by the respondent in the vocations mentioned in Clause 4.2 hereof in the nickel refining industry in the area occupied and controlled by the respondent at Kwinana.
1.4 - TERM The term of this Award shall be for a period of one month from 7 April 2005.
1.5 - DEFINITIONS Multi-skilled Process Operator means an operator who holds a trades certificate and in addition to their normal operating duties may be required, from time to time, to perform work within their competency. Afternoon Shift shall mean any shift commencing between 12 noon and 6.00 p.m. Night Shift shall mean any shift commencing between 6.00 p.m. and 12 midnight. All references to rate of pay or rate of wage(s) refers to the rate contained in Clause 4.2. Similarly, wages, pay ordinary earnings, or ordinary time earnings refers to the rate in Clause 4.2. Commission means the Western Australian Industrial Relations Commission. Union means The Australian Workers' Union, West Australian Branch, Industrial Union of Workers.
2. - CONTRACT OF EMPLOYMENT
2.1 - CONTRACT OF SERVICE
(1) (a) The contract of service for employees covered by this Award shall,
be agreed in writing between the employer and employee on commencement of
employment, and may be by the day, week or longer.
(2) Termination of Employment
(a) Full time and part time employees
(i) The employment of a full-time or part-time employee may be
terminated by the employer by providing the following period of
notice:
Period of Continuous Service
Period of Notice
Not more than 1 year
1 week
More than 1 year but not more than 3 years
2 weeks
More than 3 years but not more than 5 years
3 weeks
More than 5 years
4 weeks
(ii) Employees over 45 years of age with 2 or more years'
continuous service at the time of termination, shall receive an
additional weeks' notice.
(iii) Where all or part of the relevant notice is not provided, the
employee shall be entitled to payment in lieu.
(iv) Payment in lieu of notice shall be calculated using the
employee's weekly ordinary time wages as prescribed.
(v) The period of notice in this Clause shall not apply in the case
of dismissal for serious misconduct that is, misconduct of a kind
such that it would be unreasonable to require the employer to
continue the employment during the notice period.
(vi) Notice of Termination by employee: Except in the first 3
months of service, 1 week's notice shall be necessary for an
employee to terminate their engagement or by the forfeiture or
payment of 1 week's pay by the employee to the employer in lieu of
notice.
(vii) Probation:. Notwithstanding sub Clause 2 (a)(i) above, the
employment of an employee on probation, may be terminated by
either party providing to the other, one day's notice, or one
day's pay in lieu shall be paid or forfeited.
(b) Casual Employees
The employment of casual employee may be terminated by 1 hours
notice, given by either party.
(3) An employer may dismiss an employee without notice for serious
misconduct, that is, misconduct of a kind such that it would be
unreasonable to require the employer to continue the employment, and in
such cases, wages shall be paid up to the time of dismissal only.
(4) It is a condition of employment that employees perform such work as the
employer requires from time to time and on the days and during the hours
usually worked by the employee.
(5) Employees will perform all work within their skill, competence and
training in accordance with the classification structure, definitions and
shift rosters.
(6) Employees will work reasonable overtime in addition to the rostered
hours of duty as required by the employer.
(7) A continuous shift employee not relieved as scheduled at the end of a
shift shall continue to work until relieved or otherwise authorised by the
employer to finish work provided that the employee will not be required to
work unreasonable overtime.
(8) The parties shall comply at all times with Clause 7 - Dispute
Resolution Procedure.
(9) Except as provided by this Award, an employee not attending for duty
will not be paid.
(10) An employee absent from work for three consecutive rostered working
days, without notification to, and approval of, the employer shall be
deemed to have abandoned their employment.
(11) (a) The employer may deduct payment for any day an employee cannot be
usefully employed arising out of any cessation of operations, either
wholly or partially due to industrial disputes, including any strike, ban
or limitation or arising out of any cause outside the control of the
employer.
(b) When an employee cannot be usefully employed arising out of a cause
outside the control of the employer, the employer will make efforts to
find alternative work for any employee so affected, or allow the
employee to take annual leave.
(12) The employer has the right to suspend an employee without pay as a
disciplinary measure.
(13) Employees may be engaged in any of the following ways:
(a) Full time: To work on a regular basis for an average of 38 hours
per week (excluding overtime).
(b) Part time:
(i) A part time employee is engaged to work on a regular basis for
less than 38 hours per week on average.
(ii) A part-time employee will be paid per hour one 38th of the
weekly rate prescribed in the appropriate wage schedule to this
Award and applicable allowances contained in this Award.
(iii) Entitlements to authorised leave of absence under this Award
will be pro rata in proportion to the hours worked in a week, by
the part-time employee, as to the full-time weekly hours.
(c) Temporary: To work on a full-time or part-time basis for a limited
or specified period of employment.
(d) Casual:
(i) A casual employee is to be informed that they are employed on a
casual basis and there is no entitlement to paid leave (except
Bereavement Leave) before they are engaged.
(ii) An employee engaged as a casual in any of the classifications
set out in this Award shall be paid a 20% loading in addition to
the ordinary 38 hour earnings for the relevant classification.
(iii) The additional amount of 20% referred to in sub clause (ii)
above shall be paid in lieu of all leave otherwise allowed to
employees under this Award (except Bereavement Leave in accordance
with Clause 6.6) and payment shall only be made for work actually
performed.
(14) (a) An employee, engaged in a full-time, part-time or temporary
employment capacity shall serve a three (3) month probationary period of
employment.
(b) The employer may, without having to provide any reasons for doing
so, terminate an employee's contract of employment during the
probationary period by giving the employee one day's notice or payment
in lieu thereof.
3. - HOURS OF WORK
3.1 - HOURS OF WORK
(1) Cycle Work Provisions
(a) Notwithstanding the provisions of sub clauses (2) to (4) inclusive,
hours of work may be arranged over work cycles consisting of a
consecutive number of working days or shifts followed by a consecutive
number of non-working days.
(b) The total ordinary hours of work during a work cycle shall not
exceed 38 hours multiplied by the number of working and non-working
weeks in the cycle.
(c) Overtime rates shall be paid for any time worked in excess of 8
hours per day or shift, or hours in excess of the total ordinary hours
prescribed in the work cycle.
(d) There shall be no entitlement for payment for the consecutive
non-working days in a work cycle, other than where an employee is
engaged on an annual salary basis.
(e) In the event that a work cycle is constituted by a period of 6
consecutive working weeks or more, such may be worked only following
upon the union being notified.
(2) Arrangement of Hours
(a) Subject to the provisions of this Clause, the arrangement of hours
of work of employees include but are not limited to the matters (i) to
(vi) set out below, in a functional unit of the employer's operations,
may be fixed following consultation between the employer and its
employees in the unit concerned in:
(i) The span of hours.
(ii) Starting times.
(iii) Rest breaks.
(iv) Finishing times.
(v) Structure of shift rosters.
(vi) Work across any seven days of the week.
(b) In the event of agreement not being reached, a secret ballot may be
conducted by the employer with the result determined by a simple
majority.
(c) The Union Branch Secretary will be informed fourteen days prior to
the introduction of any change pursuant to paragraphs (a) or (b) of
this sub clause.
(3) Other Than Continuous Shift Employees
(a) The ordinary hours of work shall be an average of 38 hours per week
exclusive of meal intervals.
(b) Employees shall be entitled to a thirty minute unpaid meal break
for each day or shift of work. Where afternoon or night shifts are
worked, the hours of work shall be inclusive of a paid meal interval
of twenty minutes on each shift worked.
(d) (i) When an employee is required for duty during any meal time
whereby the employee's meal time is postponed for more than half an
hour, the employee shall be paid at overtime rates until the employee
gets a meal.
(ii) An employee shall not be compelled to work for more than five
and one half hours during ordinary or overtime hours or both
without a break of the customary period for a meal.
(4) Continuous Shift Employees
(a) The ordinary hours of work for employees engaged on continuous
shift work shall be worked in a regular pattern/roster up to twelve
hours per shift following consultation between the employer and the
majority of employees affected.
(b) The total ordinary hours in a shift cycle shall not exceed an
average of 38 hours per week over the period of the rostered cycle.
(c) For the purpose of assessing the total ordinary hours in a shift
cycle, all time up to a maximum of twelve hours worked in any day will
be taken into account.
(d) Shift employees shall work such rostered overtime as required to
achieve conformity of a shift pattern or roster.
(e) Subject to the provisions of this paragraph, each shift employee
shall be allowed time for a 20 minute crib in each shift as nearly as
practicable to the middle of the shift, but dependent upon the
operational requirements from day to day.
(f) An employee called upon to work a regularly rostered overtime shift
not more than once in every four weeks shall be paid for that shift at
the rate of time and one half for the first two hours and double time
thereafter.
3.2 - SHIFT WORK
(1) A shift employee shall, in addition to that employee's ordinary time
rate, be paid per shift at the rate of $11.10 when on afternoon or night
shift. Provided that this rate shall not apply when the employee receives
a higher penalty for a shift on a Saturday, Sunday or Holiday in
accordance with this Award. This rate is applicable on an overtime shift.
(2) Where an employee, other than an employee who regularly works shift
work or cycle work involving shifts, is required to work an afternoon or
night shift, they shall be paid (in lieu of the allowance in sub clause
(1)):
(a) At ordinary rates plus $11.10 when on afternoon or night shift
where the employee has received a minimum of 48 hours notice and/or
the employee is required to work for more than 5 consecutive afternoon
or night shifts.
(b) At time and one quarter where the employee is required to replace a
regular shift employee who is absent for any reason beyond the control
of the employer and the employee works less than 5 consecutive
afternoon or night shifts.
(c) At overtime rates where the employee is not provided with a minimum
of 48 hours notice and/or is replacing a regular shift employee who is
absent by reason of a direction of the employer; or is required to
return to day shift without having had 24 hours off duty.
(d) The sequence of consecutive shifts shall not be deemed to be broken
under sub clause (a) to (c) above hereof by reason of rostered days
off in respect to employees employed on continuous process work or by
a Saturday or Sunday in respect to other employees or by any public
holiday or any other reason beyond the control of the employer.
(3) Other than as provided for in paragraph (b) of sub clause (2) of this
Clause any employee shall be required to transfer from day work to shift
work and vice versa and from shift to shift as required by the employer
and wherever possible employees will be given maximum notice of a
requirement to change rosters. Such transfer shall not result in a
reduction in the employees ordinary time earnings.
(4) Where an employee has commenced work, and is sent home and instructed
to attend at a later shift, the employee shall be paid not less than two
hours at ordinary time for the first attendance on the initial shift.
(5) Maximum Rate: Extra rates in this Award except rates prescribed in
Clause 5.2 of this Award are not cumulative so as to exceed the maximum of
double the ordinary rates or two and a half times the ordinary rate for
work performed on any of the holidays prescribed in Clause 6.2 hereof.
3.3 - OVERTIME
(1) Day employees and shift employees (other than Continuous Shift
Employees).
(a) Subject to the provisions of sub clause (3) of this Clause, all
time worked outside or in excess of the ordinary working hours on any
day Monday to Friday inclusive shall be paid for at the rate of time
and one half for the first two hours and double time thereafter.
(b) Where a day employee or a shift employee (other than a shift
employee working a shift inclusive of a paid meal break) is required
for duty during their usual meal time and their meal time is postponed
for more than half an hour, the employee shall be paid at overtime
rates from the time their meal break would normally commence until the
employee gets a meal break of the customary period.
(2) Continuous shift employees.
(a) Subject to the provisions of paragraph (b) of this sub clause, all
time worked by a continuous shift employee in excess of the ordinary
hours as prescribed on a shift other than a rostered shift shall be
paid for at the rate of double time, except where such an employee is
called upon to work a regularly rostered overtime shift in not more
than one week in any four weeks, when the employee shall be paid for
such shift at time and one-half for the first two hours and double
time thereafter.
(b) Time worked in excess of the ordinary working hours shall be paid
for at ordinary rates:
(i) if it is due to private arrangements between employees
themselves;
(ii) if it does not exceed one hour and is due to a relieving
employee not coming on duty at the proper time; or
(iii) if it is for the purpose of effecting the customary rotation
of shifts.
(3) These overtime rates shall not apply to excess time worked due to
private arrangements between the employees themselves or owing to a
relieving employee failing to come on duty at the proper time. The time
for which any employee may be paid at ordinary rates instead of overtime
due to a relieving employee failing to come on duty at the proper time,
shall not exceed two hours, after the expiration of which overtime rates
shall apply to the whole shift.
(4) Subject to the provisions of the Mines Safety and Inspection
Regulations 1995, no employees covered by this Award shall by collective
action be a party to any ban on overtime.
(5) Overtime on shift work shall be based on the rate payable for the shift
worked.
(6) In the calculation of overtime rates, each day shall stand alone.
Provided that, when an employee continues working beyond midnight on any
day, the hours worked after midnight shall be counted as part of the
previous day's work for the purpose of calculating the rates to be paid.
(7) When an employee is required to hold themselves in readiness for a call
to work after ordinary hours, the employee shall be paid at ordinary rates
for the time that employee so holds themself in readiness.
(8) When an employee is recalled to work overtime after leaving the
employer's business premises (whether notified before or after leaving
such premises) the employee shall be paid for at least four hours at
overtime rates; provided that, except in the case of unforeseen
circumstances arising, an employee shall not be required to work the full
four hours if the job for which that employee was recalled is completed
within a shorter period, but if such employee is subsequently recalled to
work within the period of four hours for which payment has been made, an
additional payment shall not be made nor shall any extra overtime be paid
in respect of any period covered by such minimum payment.
This sub clause shall not apply in cases where it is customary for an
employee to return to the employer's premises to perform a specific
job outside the employee's ordinary working hours or where the
overtime is continuous (subject to any reasonable meal break which may
be allowed) with the completion or commencement of ordinary working
time.
(9) An employee shall not be compelled to work for more than five and one
half hours during ordinary or overtime hours or both without a break of
the customary period for a crib.
(10) When an employee, without being notified on the previous day is
required to continue working after the usual knock off time for more than
two hours the employee shall be provided with any meal required or be paid
$8.35 in lieu thereof. Provided that such payment need not be made to
employees living in the same locality as their place of employment who can
reasonably return home for a meal.
3.4 - SATURDAY WORK
(1) Other Than Continuous Shift Employees
(a) All time worked in excess of the ordinary hours by an employee
other than a continuous shift employee on Saturday shall be paid for
at the rate of time and one half for the first two hours and double
time thereafter. Provided that all work performed after 12.00 noon
shall be paid for at the rate of double time.
(b) All time worked outside ordinary rostered hours on Saturday, shall
be paid for at the rates prescribed in sub clause (1)(a) of this
Clause.
(2) Continuous Shift Employees
(a) All time worked by continuous shift employees during ordinary hours
on Saturdays shall be paid for at the rate of time and one half.
(b) All time worked by continuous shift employees outside ordinary
rostered hours on Saturday shall be paid for at the rate of double
time.
3.5 - SUNDAY AND PUBLIC HOLIDAY WORK
(1) Other Than Continuous Shift Employees
(a) All time worked in excess of the ordinary hours on Sundays shall be
paid at the rate of double time.
(b) All time worked on any day prescribed as a Public Holiday under
this Award shall be paid for at the rate of double time and a half.
(2) Continuous Shift Employees
(a) All time worked by continuous shift employees on Sundays shall be
paid for at the rate of double time.
(b) All time worked by continuous shift employees during ordinary
rostered hours on any of the holidays prescribed in Clause 6.2 -
Public Holidays of this Award, shall be paid for at the rate of double
time.
(c) All time worked by continuous shift employees outside ordinary
rostered hours on any of the holidays prescribed in Clause 6.2 -
Public Holidays of this Award, shall be paid for at the rate of double
time and a half.
(d) A continuous shift employee rostered off on any of the holidays
prescribed in Clause 6.2 - Public Holidays of this Award, shall be
paid rostered ordinary hours at single time rates.
3.6 - REST BREAKS AND RECALL TO WORK - ALL EMPLOYEES
(1) 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.
(2) 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, that
the employee has not had at least ten consecutive hours off duty
between those times shall, subject to this sub clause, be released
after completion of such overtime until the employee has had ten
consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
(3) If, on the instructions of their employer, such an employee resumes or
continues work without having had such ten consecutive hours off duty, the
employee shall be paid at double rates until they are released from duty
for such period and the employee 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.
(4) An employee (other than a casual employee) not engaged on
continuous shift work who works on a Sunday or public holiday and
(except for meal breaks) immediately thereafter continues such
work shall on being relieved from duty be entitled to be absent
until they have had ten consecutive hours off duty, without
deduction of pay for ordinary time of duty occurring during such
absence.
(5) The provisions of this Clause shall apply in the case of continuous
shift employees who rotate from one shift to another, as if eight hours
were substituted for ten hours when overtime is worked:
(a) for the purpose of changing shift rosters; or
(b) where a shift employee does not report for duty; or
(c) where a shift is worked by arrangement between employees themselves.
(6) No employee shall be required to work without a meal break for more
than five and a half consecutive hours either:
(a) from the start of overtime work; or
(b) from the previous meal break.
4. - RATES OF PAY
4.1 - MINIMUM ADULT AWARD WAGE
(1) No employee aged 21 or more shall be paid less than the minimum adult
award wage unless otherwise provided by this clause.
(2) The minimum adult award wage for full-time employees aged 21 or more is
$569.70 per week payable on and from the first pay period on or after 1
October 2009.
(3) The minimum adult award wage is deemed to include all State Wage order
adjustments from State Wage Case Decisions.
(4) Unless otherwise provided in this clause adults employed as casuals,
part-time employees or piece workers or employees who are remunerated
wholly on the basis of payment by result shall not be paid less than pro
rata the minimum adult award wage according to the hours worked.
(5) Employees under the age of 21 shall be paid no less than the wage
determined by applying the percentage prescribed in the junior rates
provision in this award to the minimum adult award wage.
(6) The minimum adult award wage shall not apply to apprentices, employees
engaged on traineeships or Jobskill placements or employed under the
Commonwealth Government Supported Wage System or to other categories of
employees who by prescription are paid less than the minimum award rate,
provided that no employee shall be paid less than any applicable minimum
rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
(7) Liberty to apply is reserved in relation to any special category of
employees not included here or otherwise in relation to the application of
the minimum adult award wage.
(8) Subject to this clause the minimum adult award wage shall -
(a) Apply to all work in ordinary hours.
(b) Apply to the calculation of overtime and all other penalty rates,
superannuation, payments during any period of paid leave and for all
purposes of this award.
(9) Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for
employees aged 21 or more payable under the 2009 State Wage order
decision. Any increase arising from the insertion of the minimum wage
will be offset against any equivalent amount in rates of pay received
by employees whose wages and conditions of employment are regulated by
this award which are above the wage rates prescribed in the award.
Such above award payments include wages payable pursuant to enterprise
agreements, consent awards or award variations to give effect to
enterprise agreements and over award arrangements. Absorption which is
contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the
current Statement of Principles, excepting those resulting from
enterprise agreements, are not to be used to offset the minimum wage.
(10) Adult Apprentices
(a) Notwithstanding the provisions of this clause, an apprentice, 21
years of age or more, shall not be paid less than $497.60 per week on
and from the commencement of the first pay period on or after 1
October 2009.
(b) The rate paid in the paragraph above to an apprentice 21 years of
age or more is payable on superannuation and during any period of paid
leave prescribed by this award.
(c) Where in this award an additional rate is expressed as a
percentage, fraction or multiple of the ordinary rate of pay, it shall
be calculated upon the rate prescribed in this award for the actual
year of apprenticeship.
(d) Nothing in this clause shall operate to reduce the rate of pay
fixed by the award for an adult apprentice in force immediately prior
to 5 June 2003.
4.2 - WAGES
(1) The minimum rates of wages per week payable under the provisions of
this Award shall be as follows (on and from the commencement of the first
pay period on or after 1 October 2009):
+------------------+---------+------------+----------------+---------
| |Base Rate | Industry |Arbitrated Safety|Total
Rate|
| | $ | Allowance $ |Net Adjustments$ | $
|
+------------------+---------+------------+----------------+---------
|Process Operator | 330.50 | 90.20 | 244.30 |
665.00 |
|Grade 1 | | | |
|
+------------------+---------+------------+----------------+---------
|Process Operator | 339.50 | 90.20 | 244.30 |
674.00 |
|Grade 2 | | | |
|
+------------------+---------+------------+----------------+---------
|Process Operator | 357.30 | 90.20 | 244.30 |
691.80 |
|Grade 3 | | | |
|
+------------------+---------+------------+----------------+---------
|Process Operator | 370.80 | 90.20 | 244.30 |
705.30 |
|Grade 4 | | | |
|
+------------------+---------+------------+----------------+---------
|Process Operator | 386.20 | 90.20 | 244.30 |
720.70 |
|Grade 5 | | | |
|
+------------------+---------+------------+----------------+---------
|Store person | 332.60 | 90.20 | 244.30 |
667.10 |
+------------------+---------+------------+----------------+---------
|Multi-skilled | 363.50 | 90.20 | 244.30 |
698.00 |
|Process Operator | | | |
|
| | | | |
|
|Grade 1 | | | |
|
+------------------+---------+------------+----------------+---------
|Multi-skilled | 372.50 | 90.20 | 244.30 |
707.00 |
|Process Operator | | | |
|
| | | | |
|
|Grade 2 | | | |
|
+------------------+---------+------------+----------------+---------
|Multi-skilled | 390.30 | 90.20 | 244.30 |
724.80 |
|Process Operator | | | |
|
| | | | |
|
|Grade 3 | | | |
|
+------------------+---------+------------+----------------+---------
|Multi-skilled | 403.80 | 90.20 | 244.30 |
738.30 |
|Process Operator | | | |
|
| | | | |
|
|Grade 4 | | | |
|
+------------------+---------+------------+----------------+---------
|Multi-skilled | 419.20 | 90.20 | 244.30 |
755.70 |
|Process Operator | | | |
|
| | | | |
|
|Grade 5 | | | |
|
+------------------+---------+------------+----------------+---------
The rates of pay in this Award include arbitrated safety net
adjustments available since December 1993, under the Arbitrated Safety
Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any
equivalent amount in the rate of pay received by employees since 1
November 1991 above the rate prescribed in the Award, except where
such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case
Principles, excepting those resulting from enterprise agreements, are
not to be used to offset arbitrated safety net adjustments.
(2) Junior Employees (percent rate for Plant Operators Grade 1
classification per week)
+------------------------------+-------------------------------------
|Under 17 years of age | 55%
|
+------------------------------+-------------------------------------
|Between 17 and 18 years of age | 65%
|
+------------------------------+-------------------------------------
|Between 18 and 19 years of age | 80%
|
+------------------------------+-------------------------------------
|At 19 years of age |appropriate adult classification rate
|
+------------------------------+-------------------------------------
(3) Industry Allowance
(a) An industry allowance of $90.20 per week, payable for all purposes
of the award, is payable for all employees, in addition to the base
rate.
(b) Such allowance recognises, and is in payment for, all aspects of
work in the nickel industry, including the location and nature of
individual operations within it.
4.3 - JUNIOR EMPLOYEES
(1) Subject to the provisions of sub clause (2) of this Clause, junior
employees may be employed in any calling mentioned in this Award.
(2) Any dispute between any of the parties to this Award as to whether it
is appropriate that a junior employee be employed on particular work may
be referred to the Commission in accordance with the Dispute Resolution
Procedure in Clause 7.
4.4 - TRAINEESHIPS
(1) The employer may engage Trainees in any of the classifications
contained within this Award.
(2) The terms of the federal National Training Wage Award 2000 AW790899 (as
subsequently amended from time to time) apply to this award provided the
following Clauses and Schedules are excluded:
* Clause 3 - Anti-discrimination
* Clause 4 - Parties Bound
* Clause 6 - Super-session
* Clause 7 - Period of Operation
* Clause 13 - Dispute Settlement Over Traineeship Schemes
* Schedule A
* Schedule B
5. - ALLOWANCES AND FACILITIES
5.1 - MIXED FUNCTIONS An employee engaged on duties carrying a higher rate than their ordinary classification shall be paid the higher rate for the period the employee is so engaged, but if the employee is so engaged for two hours or more of one day or shift he or she shall be paid the higher rate for the whole day or shift.
5.2 - SPECIAL RATES
(1) In lieu of any other special rates and conditions an employee shall be
paid a flat allowance of $13.50 per week.
(2) The payment for special rates and provisions shall only be paid for
hours worked and shall not be subject to any premium or penalty additions.
5.3 - TRAVELLING Transport: Where an employee working overtime finishes work at a time when reasonable means of transport are not available to the employee the employer shall transport the employee to their home.
6. - LEAVE
6.1 - ANNUAL LEAVE
(1) (a) Except as hereinafter provided a period of four weeks' leave with
payment of ordinary wages as prescribed in paragraph (b) hereof shall
apply for each year of service and shall accrue pro rata on a weekly basis.
(b) (i) An employee before going on Annual Leave shall be paid the
wages they would have received in respect of the ordinary time they
would have worked had they not been on leave during the relevant
period.
(ii) Subject to paragraph (c) hereof an employee shall, where
applicable, have the amount of wages to be received for annual
leave calculated by including the following where applicable:
(aa) The rate applicable to the employee as prescribed in
Clause 4.2 of this Award.
(bb) Subject to paragraph (c)(ii) hereof the rate prescribed
for work in ordinary time by Clause 3.2 - Shift Work of the
Award according to the employees roster or projected roster
including Saturday or Sunday shift.
(cc) The rate payable pursuant to Clause 5.1 - Mixed Functions
calculated on a daily basis, which the employee would have
received for ordinary time during the relevant period whether
on a shift roster or otherwise.
(dd) Any other rates to which the employee is entitled in
accordance with their contract of employment for ordinary
hours of work, provided that this provision shall not operate
so as to include any payment which is of a similar nature to
or is paid for the same reasons as or is paid in lieu of those
payments prescribed by Clause 3.3(1) - Overtime (Overtime
other than Continuous Shift Employees) Clause 3.3(2) -
Continuous Shift Employees, Clause 5.2 - Special Rates, of
this Award nor any payment which might have become payable to
the employee as reimbursement for expenses incurred.
(c) During the period of annual leave an employee shall receive a
loading calculated on the rate of wage prescribed by paragraph (b)
hereof. This loading shall be as follows:
(i) Day Employees - An employee who would have worked on day work
had the employee not been on leave - a loading of 17.5%.
(ii) Shift Employees - An employee who would have worked on shift
work had the employee not been on leave - a loading of 17.5%.
Provided that where the employee would have received shift
loadings prescribed by Clause 3.2 - Shift Work had the
employee not been on leave during the relevant period and such
loadings would have entitled the employee to a greater amount
than the loading of 17.5%, then the shift loadings shall be
added to the rate of wage prescribed by paragraph (b)(ii)(aa)
hereof in lieu of the 17.5% loading.
Provided further, that if the shift loadings would have
entitled the employee to a lesser amount than the loading of
17.5% then such loading of 17.5% shall be added to the rate of
wage prescribed by paragraph (b) but not including paragraph
(b)(ii)(bb) hereof in lieu of the shift loadings.
The loading prescribed by this sub clause shall not apply to
proportionate leave on termination.
(2) A seven day shift employee, i.e. a shift employee who is rostered to
work regularly on Sunday and holidays shall be allowed one week's leave in
addition to the leave to which the employee is otherwise entitled under
this Clause. This leave will be accrued weekly.
(3) If any prescribed holiday falls within an employee's period of annual
leave and is observed on a day which, in the case of that employee would
have been an ordinary working day, that day shall not be counted as annual
leave.
(4) (a) After one week's continuous service in any qualifying twelve month
period, an employee whose employment terminates shall, subject to the
provisions of paragraph (b) of this sub clause, be paid 2.923 hours at
their ordinary rate of wage in respect of each completed week of service.
(b) Where an employee is justifiably dismissed for serious misconduct
the provisions of paragraph (a) of this sub clause do not apply.
(5) Any time in respect of which an employee is absent from work, except
time for which the employee is entitled to claim paid leave as prescribed
by this Award shall not count for the purpose of determining their right
to annual leave.
(6) In special circumstances and by mutual consent of the employer, the
employee and the union concerned, annual leave may be taken in not more
than two periods.
(7) An employee whose employment terminates after they have completed a
twelve monthly qualifying period and who has not been allowed the leave
prescribed under this Award in respect of that qualifying period shall
receive payment in lieu of that leave at their ordinary rate of wage.
(8) Notwithstanding anything else herein contained an employer who observes
a Christmas close down for the purpose of granting annual leave may
require an employee to take their annual leave in not more than two
periods but neither of such periods shall be less than one week.
(9) (a) An employer may allow annual leave to an employee before the right
thereto has accrued but where leave is so allowed and taken a further
period of annual leave shall not commence to accrue until the expiration
of the qualifying twelve month period in respect of which annual leave has
been so allowed.
(b) Where leave has been allowed and taken by an employee pursuant to
paragraph (a) of this sub clause and the employee's employment
terminates before the employee completes the continuous service in
respect of which the leave was so allowed the employer may deduct from
any moneys owing to the employee upon the termination of their
employment payments made for annual leave taken but not accrued.
(c) In a case to which paragraph (b) of this sub clause applies any
payment made for or in respect of any of the holidays prescribed in
Clause 6.2 - Public Holidays of this Award shall not be deemed part of
the amount of wage paid on account of the annual leave.
(10) The provisions of this Clause shall not apply to casual employees.
(11) (a) An employee who, at the commencement of their annual leave, has an
entitlement to payment for non-attendance on the ground of personal ill
health for not less than 38 hours under the provisions of Clause 6.4 -
Sick Leave of this Award and who, within fourteen days of resuming work,
produces to the employer evidence that would satisfy a reasonable person
that during annual leave the employee was confined to their home or to a
hospital for a period of at least seven consecutive days for a reason
which, if they had not been on annual leave, would have entitled the
employee to be on sick leave for so much of that period as the employee
would otherwise have been entitled to payment under that Clause.
(b) An employee to whom paragraph (a) applies shall take the period
deemed to be sick leave as annual leave at a time convenient to the
employer but on ordinary pay, without the loading prescribed in
paragraph (c) of sub clause (1) of this Clause.
(12) If an employee's employment terminates in circumstances other than
those referred to in sub Clause (4)(a) before the employee has taken the
leave prescribed under this Award the employee shall be paid for any
untaken leave that relates to completed year of service or, in a case to
which sub clause (8) or (9) of this Clause applies in lieu of so much that
leave as has been allowed, unless:
(a) The employee has been dismissed for misconduct; and
(b) the misconduct for which the employee has been dismissed occurred
prior to the completion of that qualifying period.
(13) Where an employer and an employee have not agreed when the employee is
to take their annual leave, subject to sub clause (14), the employer is
not to refuse the employee taking, at any time suitable to the employee,
any period of annual leave the entitlement to which accrued more than 12
months before that time.
(14) The employee is to give the employer at least two weeks notice of the
period during which the employee intends to take their leave.
(15) Subject to subclauses (13) and (14), annual leave shall be taken at
the convenience of the management of the refinery but employees shall
receive one month's notice of the date of which the leave is to commence.
6.2 - PUBLIC HOLIDAYS
(1) The following days or the days observed in lieu shall, subject to
Clauses 3.1 and 3.3 hereof, be allowed as holidays without deduction of
pay, namely, New Year's Day, Australia Day, Good Friday, Easter Monday,
Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day
and Boxing Day. Provided that another day may be taken as a holiday by
arrangement between the parties in lieu of any of the days named in the
sub clause.
(2) When any of the days mentioned in sub clause (1) hereof falls on a
Saturday or a Sunday the holiday shall be observed on the next succeeding
Monday and when Boxing Day falls on a Sunday or on a Monday the holiday
shall be observed on the next succeeding Tuesday. In each case the
substituted day shall be a holiday without deduction of pay and the day
for which it is substituted shall not be a holiday.
(3) Any employee absenting themselves from work without reasonable cause,
proof of which shall lie upon the employee on the whole or portion of the
working day succeeding a holiday provided for herein, shall not be
entitled to payment for for the time so absent from work.
6.3 - LONG SERVICE LEAVE Employees covered by this Award shall be entitled to Long Service Leave in accordance with the Long Service Leave General Order of the Commission, that is published in Part 1 (January) each year in the Western Australian Industrial Gazette.
6.4 - SICK LEAVE
(1) (a) Subject as hereinafter provided a full-time employee shall be
entitled to payment for non-attendance on the ground of personal ill
health or injury for up to 10 working days or 76 hours, whichever is the
lesser, each year, accrued on a weekly basis.
(b) Part-time employees who are paid a proportion of a full-time
employee's pay or paid according to the number of hours worked shall
be entitled to the proportion of the number of hours worked each week
that the average number of hours each week bears to 38, up to 76 hours
each year.
(c) This Clause shall not apply where the employee is entitled to
compensation under the Workers' Compensation and Injury Management Act
1981.
(2) An employee shall not be entitled to receive wages from the employer
for any time lost through illness or injury caused by the employee's own
serious and wilful misconduct or gross and wilful neglect.
(3) An employee, who claims to be entitled to paid leave under this Clause,
is to provide the employer with evidence that would satisfy a reasonable
person of the entitlement.
(4) Sick leave shall accumulate from year to year so that any balance of
the period specified in sub clause (1) of this Clause which has in any
year not been allowed to any employee by their employer as paid sick
leave, may be claimed by the employee subject to the conditions
hereinbefore prescribed, shall be allowed by their employer in any
subsequent year without diminution of the sick leave prescribed in respect
of that year.
(5) The provisions of this Clause do not apply to casual employees.
6.5 - CARER'S LEAVE
(1) Use of Sick Leave
(a) An employee with responsibilities in relation to either members of
their immediate family or members of their household who need their
care and support shall be entitled to use, in accordance with this sub
clause, any sick leave entitlement for absences to provide care and
support for such persons when they are ill or injured. Such leave
shall not exceed five (5) days in any calendar year and is not
cumulative.
(b) The employee shall provide evidence to the employer as to the fact
of illness or injury of the person and the requirement for the care
and support that would satisfy a reasonable person.
(c) The entitlement to use sick leave is subject to:
(i) The employee being responsible for the primary care of the
person concerned; and
(ii) The person concerned being either a member of the employee's
family or a member of the employee's household.
(iii) The term member of the employee's family means any of the
following persons:
(aa) The employee's spouse or de facto partner.
(bb) A child for whom the employee has parental responsibility
as defined by the Family Court Act 1997.
(cc) An adult child of the employee.
(dd) A parent, sibling, or grandparent of the employee.
(d) The employee shall, wherever practicable, give the employer notice
prior to the absence of the intention to take leave, the name of the
person requiring care and their relationship to the employee, the
reasons for taking such leave and the estimated length of absence.
(e) If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such
absence at the first opportunity on the day of the absence.
(2) Use of Unpaid Leave
An employee may elect, with the consent of the employer, to take unpaid
leave for the purpose of providing care to a family member who is ill
or injured.
6.6 - BEREAVEMENT LEAVE
(1) An employee on the death of:
(a) Spouse or de facto partner,
(b) Child or step child,
(c) Parent, step parent or parent-in-law,
(d) Sibling,
(e) Grandparent,
(f) Any person, who immediately before that person's death, lived with
the employee as a member of the employee's family,
is entitled to paid bereavement leave of up to three days which do
not need to be consecutive.
(2) If requested, evidence of the entitlement to bereavement leave that
would satisfy a reasonable person is to be furnished to the employer.
(3) Bereavement leave is not to be taken during any other type of leave.
6.7 - PARENTAL LEAVE
The provisions of this Clause apply to full-time and part-time employees,
but do not apply to casual employees.
Subject to the terms of this Clause employees are entitled to parental
leave and to work part-time in connection with the birth or adoption of a
child.
(1) Basic Entitlements
(a) An employee, other than a casual employee, and their spouse are
entitled to unpaid parental leave totalling 52 weeks in respect of:
(i) the birth of a child; or
(ii) the placement of a child with the view to the adoption of the
child by the employee.
(b) To obtain parental leave, an employee must satisfy the following
basic requirements:
(i) the employee has, before the expected date of birth or
placement, completed at least 12 months continuous service with
the employer;
(ii) the employee has given the employer at least ten weeks written
notice of their intention to take the leave, unless due to
circumstances it is impractical or unreasonable to do so;
(iii) the employee has complied with paragraph (c) of this sub
clause.
(c) Except for a period of one week at the time of the birth or
placement, an employee and their partner must take parental leave at
different times.
(d) The entitlement to parental leave is reduced by any period of
parental leave taken by the employee's spouse in relation to the same
child, except for the period of one week's leave referred to in
paragraph (c) of this sub clause.
(e) An employee may take other leave (for example, annual leave) in
conjunction with parental leave, but this will reduce the amount of
parental leave they may take in accordance with sub Clause (7) of this
Clause.
(f) An employee who takes parental leave is, in most circumstances,
entitled to return to the position which they held before the leave
was taken.
(g) The absence of an employee on parental leave shall not break the
continuity of service of an employee but shall not be taken into
account in calculating the period of service for any purpose in terms
of this Award.
(2) Definitions
adoption in relation to a child, is a reference to a child who:
(a) is not the natural child or the step-child of the employee or the
employee's spouse;
(b) is less than 5 years of age; and
(c) has not lived continuously with the employee for six months or
longer.
employee includes a part-time employee, but not a casual or
seasonal employee;
continuous service means service (otherwise than as a casual or
seasonal employee) under an unbroken contract of employment, and
includes a period of leave, or a period of absence, authorised:
(a) by the employer;
(b) by an Award or order of a court or tribunal or a workplace
agreement certified by such a body; or
(c) by a contract of employment.
expected date of birth means the day certified by a medical
practitioner to be the day on which the medical practitioner
expects the employee or the employee's spouse, as the case may be,
to give birth to a child.
medical certificate means a certificate signed by a registered
medical practitioner.
placement means the placement, by an adoption agency, of a child
with an employee for adoption.
spouse includes a de facto partner.
(3) Notice Requirements
The written notice required in placitum (ii) of paragraph (b) of sub
clause (1) shall include:
(a) A specification of the first and last days of the period of leave,
provided that a female employee who has given notice of her intention
to take parental leave, other than for adoption, is to start the leave
six weeks before the expected date of birth unless in respect of any
period closer to the expected date of birth a medical practitioner has
certified that the employee is fit to work.
(b) In the case where parental leave is taken for the birth of a child,
the employee must give to the employer:
(i) A medical certificate that states that the employee or the
employee's spouse is pregnant and specifies the estimated date of
birth.
(ii) A statutory declaration that:
(aa) supports the particulars notified;
(bb) the employee will be the child's primary care-giver
throughout the period of parental leave; and
(cc) that the employee will not engage in any conduct
inconsistent with their contract of employment while on
parental leave.
(c) In the case where parental leave is taken for the adoption of a
child, the employee must give to the employer:
(i) A statement from the adoption agency of the proposed date of
placement of the child; and
(ii) A statutory declaration that:
(aa) the child will be at the proposed date of the placement,
or was, at the date of the placement, as the case requires,
under the age of 5 years;
(bb) is not a child or step-child of the employee or the
employee's spouse;
(cc) will not have, at the proposed date of the placement, or
had not, at the date of the placement, as the case requires,
previously lived with the employee for a continuous period of
6 months or more;
(dd) the employee will be the child's primary care-giver
throughout the period of parental leave; and
(ee) will not engage in any conduct inconsistent with the
employee's contract of employment while on adoption leave.
(d) An employee who has given notice of their intention to take
parental leave is to notify the employer, in the form of a statutory
declaration, of particulars of any period of parental leave taken or
to be taken by the employee's spouse in relation to the same child.
(e) An employee who is taking parental leave is to notify the employer
of any change to the date on which the employee wishes to start or
finish the leave.
(f) The starting and finishing dates of a period of parental leave is,
subject to this sub clause, to be agreed between the employer and
employee.
(4) Transfer to Safe Job
(a) Where, in the opinion of a registered medical practitioner, illness
or risks arising out of the pregnancy or hazards connected with the
work assigned to the employee make it inadvisable for the employee to
continue at her present work, the employee shall, if the employer
deems it practicable, be transferred to a safe job at the rate and on
the conditions attaching to that job until the commencement of the
parental leave.
(b) Where the transfer to a safe job is not practicable, the employee
may, or the employer may require the employee to, take leave for such
period as is certified necessary by a registered medical practitioner.
Such leave shall be treated as parental leave for purposes of this
section.
(5) Variation to Period of Parental Leave
(a) Provided that the maximum period of parental leave does not exceed
the period to which the employee is entitled under sub clause (7)
hereof:
(i) The period of parental leave may be lengthened once only by the
employee giving not less than 14 days notice in writing stating
the period by which the leave is to be lengthened.
(ii) The period may be further lengthened by agreement between the
employee and the employer.
(b) The period of parental leave may, with the consent of the employer,
be shortened by the employee giving not less than 14 days notice in
writing stating the period by which the leave is to be shortened.
(6) Special Parental Leave
(a) Where an employee is not yet on parental leave and her pregnancy
terminates after 28 weeks other than by the birth of a living child,
the employee shall be entitled to:
(i) Such period of unpaid leave as a registered medical
practitioner certifies as necessary before her return to work;
and/or
(ii) For illness other than the normal consequences of confinement,
paid sick leave to which she is entitled and which a registered
medical practitioner certifies as necessary for her return to work.
(b) The aggregate of parental leave, special parental leave and sick
leave shall not exceed the period of leave granted under sub Clause
(7) of this Clause.
(7) Period of Entitlement
An employee who qualifies for parental leave under this sub clause, is
entitled to a period of 52 weeks unpaid leave, less the total of:
(a) Each period of unpaid leave, or paid sick leave, other than
parental leave, that the employer has already granted to the employee
in respect of the same pregnancy; and
(b) Each period of annual leave, or long service leave, that the
employee has applied for instead of, or in conjunction with, parental
leave in respect of the pregnancy; and
(c) Each period of special parental leave; and
(d) Each period of parental leave taken by the employee's spouse and
specified in paragraph (d) of sub clause (3) of this Clause.
(8) Effect on Parental Leave of Failure to Complete 12 months Continuous
Service
If parental leave has been granted on the basis that it is reasonable
to expect that the employee will complete a period of at least 12
months continuous service with the employer on a particular day, the
employer may cancel the leave if the employee does not complete such a
period on that day.
(9) Effect on Parental Leave in Certain Circumstances
(a) This sub clause applies if an employer has granted parental leave
to an employee and:
(i) the pregnancy terminates otherwise than by the birth of a
living child;
(ii) the employee gives birth to a living child but the child later
dies;
(iii) the adoption of a child does not take place; or
(iv) the adoption of a child takes place but does not continue.
(b) The employer may cancel the parental leave at any time before it
begins.
(c) If the parental leave has begun, the employee may notify the
employer in writing that the employee wishes to return to work.
(d) If the employee does so, the employer must notify them in writing
of the day on which they are to return to work. That day must be
within four weeks after the employer received the notice under sub
clause (3) of this Clause.
(e) If the parental leave has begun, the employer may notify the
employee in writing that the employee must return to work on a
specified day that is not less than four weeks after the notice is
given.
(f) If the employee returns to work, the employer must cancel the rest
of the parental leave.
(10) Effect on Parental Leave if Employee Ceases to be Primary Caretaker of
Child
(a) This sub clause applies if:
(i) for a substantial period beginning on or after the beginning of
an employee's parental leave, the employee is not the child's
primary care-giver; and
(ii) having regard to the length of that period and to any other
relevant circumstances, it is reasonable to expect that the
employee will not again become the child's primary care-giver
within a reasonable period.
(b) The employer may notify the employee in writing that the employee
must return to work on a specified day that is not less than four
weeks after the notice is given.
(c) If the employee returns to work, the employer must cancel the rest
of the leave.
(11) Return to Work After Parental Leave
(a) This sub clause applies when an employee returns to work after a
period of parental leave.
(b) The employer must employ the employee in the position the employee
held immediately before starting parental leave, provided that in the
case of a female employee:
(i) if she was transferred to a safe job because of her pregnancy,
the position shall be the one immediately before the transfer; or
(ii) if she began working part-time because of the pregnancy, the
position shall be the one immediately before she so began.
(c) If that position no longer exists but there are other positions
available which the employee is qualified for and is capable of
performing, the employee shall be entitled to a position as nearly
comparable in status and pay to that of their former position.
(12) Replacement Employee
An employer must not employ a person:
(a) to replace an employee while they are on parental leave; or
(b) to replace an employee who, while another employee is on parental
leave, is to perform the duties of the position held by the other
employee; unless the employer has informed the person:
(c) that their employment is only temporary; and
(d) about the rights of the employee who is on parental leave.
(13) Termination of Employment
(a) An employee on parental leave may terminate their employment at any
time during the period of leave by notice given in accordance with
this Award.
(b) An employer shall not terminate the employment of an employee on
the ground of her pregnancy or of their absence on parental leave, but
otherwise the rights of the employer in relation to termination of
employment are not hereby affected.
(14) Part-time Work
(a) This sub clause only applies where the employer and employee have
reached agreement that an employee may work part-time under the
circumstances and according to the conditions contained in this sub
clause.
(b) With the agreement of the employer:
(i) An employee may work part-time in one or more periods at any
time from the date of birth of their child until its second
birthday or, in relation to adoption, from the date of placement
of the child until the second anniversary of the placement.
(ii) A female employee may work part-time in one or more periods
while she is pregnant where part-time work is, because of the
pregnancy, necessary or desirable.
(c) An employee, who has had at least 12 months continuous employment
with an employer immediately before commencing part-time work under
this sub clause, has at the expiration of the period of such part-time
employment the right to return to his or her former position.
(d) Subject to the provisions of this sub clause part-time employment
shall be in accordance with the provisions of this Award which shall
apply pro-rata.
(e) Before commencing a period of part-time employment under this sub
clause the employee and the employer shall agree:
(i) that the employee may work part-time;
(ii) upon the hours to be worked by the employee, the days upon
which they will be worked and commencing times for the work;
(iii) upon the classification applying to the work to be performed;
and
(iv) upon the period of part-time employment.
(f) The terms of the agreement may be varied by consent.
(g) The terms of this agreement or any variation to it shall be reduced
to writing and retained by the employer. A copy of the agreement and
any variation to it shall be provided to the employee by the employer.
(h) (i) The employment of a part-time employee under this sub clause,
may be terminated in accordance with the provisions of this Award but
may not be terminated by the employer because the employee has
exercised or proposes to exercise any rights arising under this sub
clause or has enjoyed or proposes to enjoy any benefits arising under
this sub clause.
(ii) Any termination entitlements payable to an employee whose
employment is terminated while working part-time under this sub
clause, or while working full-time after transferring from
part-time work under this sub clause, shall be calculated by
reference to the full-time rate of pay at the time of termination
and by regarding all service as a full-time employee as qualifying
for a termination entitlement based on the period of full-time
employment and all service as a part-time employment on a pro rata
basis.
(i) An employer may request, but not require, an employee working
part-time under this sub clause to work outside or in excess of
the employee's ordinary hours of duty provided for in accordance
with paragraph (e) of this sub clause.
(j) The work to be performed part-time need not be the work performed
by the employee in their former position but shall be worked otherwise
performed under this Award.
6.8 - JURY SERVICE An employee required for jury service during their ordinary working hours shall be granted leave with pay for all period of time they are so required for jury service. An employee when applying for such leave, shall be required to support their application with written proof of their attendance at such jury service.
7. - DISPUTE RESOLUTION PROCEDURE
7.1 - DISPUTE RESOLUTION PROCEDURE
(1) This Clause applies to any grievance including, any questions, disputes
or difficulties arising under this Award.
(2) Until the steps set out in the following dispute resolution procedure
are completed or the matter is otherwise determined, work shall continue
as normal and as directed by the employer. No party shall be prejudiced as
to the final settlement by the continuance of work in accordance with this
paragraph.
(3) The dispute resolution procedure is as follows:
(a) An employee or group of employees will firstly refer any grievance
to their supervisor who will attempt to resolve the matter
expeditiously.
(b) If the matter is not resolved, the supervisor will refer it to the
site manager.
(c) If the site manager is unable to resolve the dispute it will be
referred to the relevant manager for discussion and resolution.
(d) If, after referral at the operations manager stage, the matter
remains unresolved, a three (3) working day cooling off period shall
apply. Either party will give the other notice of their intentions in
writing during the cooling off period.
(e) If the dispute remains unresolved at the end of the cooling off
period then the dispute shall be referred to the Commission.
(f) At any stage of this process the employee has the right to request
representation. Representation may be by anyone including a work
colleague, union representative or staff member.
8. - KEEPING OF RECORDS
8.1 - EMPLOYMENT RECORDS
(1) Each employer shall keep employment records containing:
(a) The employee's name, and if the employee is under 21 years of age,
their date of birth.
(b) Any Industrial Instrument that applies.
(c) The date on which the employee commenced employment with the
employer.
(d) All leave taken by the employee, whether paid, partly paid or
unpaid.
(e) The information necessary for the calculation of the entitlement
to, and payment for long service leave under this Award.
(2) Industrial instrument means:
(a) This Award.
(b) An Order of the Commission.
(c) An Industrial Agreement.
(3) The employer shall keep and maintain a time and wages record showing:
(a) The name of each employee.
(b) For each day:
(i) The time at which the employee started and finished work.
(ii) The period or periods for which the employee was paid.
(iii) Details of work breaks, including meal breaks.
(c) For each pay period:
(i) The employee's designation.
(ii) The total number of hours worked each week.
(iii) The allowances paid.
(iv) The wages paid.
(v) The gross and net amounts paid to the employee under the
Industrial Instrument.
(vi) All deductions and reasons for them.
(4) The employer shall on the written request by a relevant person:
(a) Produce to the person the employment records (including the time
and wages record) relating to the employee.
(b) Let the person inspect the employment records (including the time
and wages record).
(c) Let the relevant person enter the premises of the employer for the
purpose of inspecting the records.
(d) Let the relevant person take copies of or extracts from the records.
(5) A relevant person means:
(a) The employee concerned.
(b) If the employee is a represented person, his or her representative.
(c) A person authorised in writing by the employee.
(d) An Officer referred to in section 93 of the Industrial Relations
Act 1979 (as amended) authorised in writing by the Registrar.
(6) An employer shall comply with a written request not later than:
(a) At the end of the next pay period after the request is received; or
(b) The seventh day after the day on which the request was made to the
employer.
(7) An employer must ensure that the records are kept in accordance with
the Industrial Relations (General) Regulations 1997.
8.2 - RIGHT OF ENTRY FOR DISCUSSIONS WITH EMPLOYEES
(1) An authorised representative of an organisation may enter, during
working hours, any premises where relevant employees work, for the purpose
of holding discussions at the premises with any relevant employees who
wish to participate in those discussions.
(2) An 'authorised representative' means a person who holds an authority in
force under Division 2G of the Industrial Relations Act 1979 (as amended).
(3) A `relevant employee' means an employee who is a member of an
organisation or who is eligible to become a member of the organisation.
(4) The authorised representative shall give at least 24 hours notice to
the employer.
8.3 - RIGHT OF ENTRY TO INVESTIGATE BREACHES
(1) Upon giving 24 hours written notice, an authorised representative of
the Union may enter, during working hours, any premises where relevant
employees work, for the purpose of investigating any suspected breach of
the Industrial Relations Act 1979, the Long Service Leave Act 1958, the
Minimum Conditions of Employment Act 1993, the Occupational Safety and
Health Act 1984, the Mines Safety and Inspection Regulations1995 or an
award, order, industrial agreement or employer-employee agreement that
applies to any such employee.
(2) 'Authorised representative' in this Clause has the same meaning as in
sub clause (2) of Clause 8.2. - Representative Interviewing Employees.
(3) For the purpose of investigating any breach, the authorised
representative may:
(a) Subject to sub clause (5) require the employer to produce for the
representative's inspection, during working hours at the employer's
premises or at any mutually convenient time and place, any employment
records of employees or other documents, other than workplace
agreements or employer-employee agreements, kept by the employer that
are related to the suspected breach;
(b) Make copies of the entries in the employment records or documents
related to the suspected breach; and
(c) During working hours, inspect or view any work, material,
machinery, or appliance that is relevant to the suspected breach.
(4) The employer is not required to produce an employment record of an
employee if the employee is a party to an employer-employee agreement and
has made a written request to the employer that the record not be
available for inspection by an authorised representative.
(5) An authorised representative is not allowed to enter premises where
relevant employees work for the purposes of investigating a suspected
breach of an employer-employee agreement to which a relevant employee is a
party unless the authorised representative is authorised in writing by
that relevant employee to carry out the investigation.
(6) An authorised representative is not entitled to require the production
of employment records or other documents unless, before exercising the
power, the authorised representative has given the employer concerned:
(a) If the records or other documents are kept on the employers
premises, at least 24 hours written notice; or
(b) If the records or other documents are kept elsewhere, at least 48
hours written notice.
(7) An authorised representative shall, upon request of the occupier of the
premises, show their authority before entering the premises.
8.4 - PAYMENT OF WAGES
(1) Wages shall be paid monthly into an account nominated by the employee,
except where by agreement between the employee and employer, payment is
made by cash or cheque.
(2) At or before the time at which the employee is paid their wages the
employee shall be issued with an advice showing the gross amount of wages
and allowances due, all deductions, the total number of hours worked
including the number of overtime hours and the rate at which such overtime
has been paid. The pay advice may be in the form of an electronic pay slip.
9. - REGISTERED ORGANISATIONS MATTERS
9.1 - NOTICE BOARD The employer shall provide notice boards for the posting of official Union notices and may remove any notice which is not signed by an official of the Union concerned or by a shop steward of that Union.
9.2 - SHOP STEWARDS Upon notification in writing by the Secretary of the Union of the appointment of shop stewards they shall continue to be recognised by the Company.
10. - SUPERANNUATION
10.1 - SUPERANNUATION
(1) Subject to the amendments set out in sub Clause (2) below WMC will
continue to make superannuation contributions on behalf of employees
covered by this Award in accordance with the Nickel Refining Award 1971 No
6 of 1971 Western Mining Limited Occupational Superannuation Order (1993)
73 WAIG 2346 (the Order).
(2) The following amendments apply to the Order:
(a) The Superannuation Fund means the Plum Financial Services Ltd
(Fund) ABN: 35 081 812 731 or other fund approved for the purposes of
the Superannuation Industry (Superannuation) Act 1993 (C'th) nominated
by WMC.
(b) The Company means WMC Resources Limited (WMC).
(c) WMC's contribution to the Superannuation Fund in respect of
employees covered by this Award will be 9% or such other percentage as
prescribed by the Superannuation Guarantee (Administration) Act 1992
(C'th).
11. - REDUNDANCY
11.1 - REDUNDANCY
(1) Discussions Before Terminations
(a) Where an employer has made a definite decision that the employer no
longer wishes the job the employee has been doing done by anyone and
this is not due to the ordinary and customary turnover of labour and
that decision may lead to termination of employment, the employer
shall hold discussions with the employees directly affected and with
their union.
(b) The discussions shall take place as soon as is practicable after
the employer has made a definite decision which will invoke the
provisions of sub clause (1) paragraph (a) hereof and shall cover,
among other things, any reasons for the proposed terminations,
measures to avoid or minimise the terminations and measures to
minimise any adverse affect of any terminations on the employees
concerned.
(c) For the purpose of the discussion the employer shall, as soon as
practicable, provide in writing to the employees concerned and their
union, all relevant information about the proposed terminations
including the reasons for the proposed terminations, the number and
categories of employees likely to be affected and the number of
employees normally employed and the period over which the terminations
are likely to be carried out. Provided that any employer shall not be
required to disclose information that may seriously harm the
employer's business undertaking or the employer's interest in the
carrying on, or disposition of the business undertaking.
(2) Transfer to Lower Paid Duties
Where an employee is transferred to lower paid duties for reasons set
out in sub clause (1) hereof, the employee shall be entitled to the
same period of notice of transfer as the employee would have been
entitled to had the employment been terminated, and the employer may
at the employer's option, make payment in lieu thereof of an amount
equal to the difference between the former ordinary weekly rate of
wage and the new lower ordinary weekly rate of wage for the number of
weeks of notice still owing.
(3) Severance Pay
(a) In addition to the period of notice prescribed in Clause 2.1 -
Contract of Service, sub clause (2) paragraph (a), of this award, for
ordinary termination, and subject to further order of the Commission,
an employee whose employment is terminated for reasons set out in sub
clause (1) paragraph (a) hereof, shall be entitled to the following
amount of severance pay in respect of a continuous period of service.
+---------------------------+--------------
|Period of continuous service|Severance pay |
+---------------------------+--------------
|Less than 1 year |Nil |
+---------------------------+--------------
|1 year and less than 2 years|4 weeks' pay |
+---------------------------+--------------
|2 years and less than 3 |6 weeks' pay |
|years | |
+---------------------------+--------------
|3 years and less than 4 |7 weeks' pay |
|years | |
+---------------------------+--------------
|4 years and less than 5 |8 weeks' pay |
|years | |
+---------------------------+--------------
|5 years and less than 6 |10 weeks' pay |
|years | |
+---------------------------+--------------
|6 years and less than 7 |11 weeks' pay |
|years | |
+---------------------------+--------------
|7 years and less than 8 |13 weeks' pay |
|years | |
+---------------------------+--------------
|8 years and less than 9 |14 weeks' pay |
|years | |
+---------------------------+--------------
|9 years and less than 10 |16 weeks' pay |
|years | |
+---------------------------+--------------
|10 years and over |12 weeks' pay |
+---------------------------+--------------
Week's Pay means the ordinary weekly rate of wage for the employee
concerned. Provided that the severance payments shall not exceed
the amount which the employee would have earned if employment with
the employer had proceeded to the employee's normal retirement
date.
(b) For the purpose of this Clause continuity of service shall not be
broken on account of:
(i) any interruption or termination of the employment by the
employer if such interruption or termination has been made merely
with the intention of avoiding obligations hereunder in respect of
leave of absence:
(ii) any absence from work on account of personal sickness or
accident for which an employee is entitled to claim sick pay as
prescribed by this Award or on account of leave lawfully granted
by the employer; or
(iii) any absence with reasonable cause, proof whereof shall be
upon the employee;
Provided that in the calculation of continuous service under
this sub clause any time in respect of which an employee is
absent from work except time for which an employee is entitled
to claim annual leave, sick pay, long service leave,
bereavement leave and public holidays as prescribed by this
Award shall not count as time worked.
(4) Employee Leaving During Notice
An employee whose employment is to be terminated for reasons set out in
sub clause (1) paragraph (a) hereof, may terminate their employment
during the period of notice and, if so, shall be entitled to the same
benefits and payments under this Clause had the employee remained with
the employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled
to payment in lieu of notice.
(5) Alternative Employment
An employer, in a particular redundancy case, may make application to
the Commission to have the general severance pay prescription varied
if the employer either offers or obtains acceptable alternative
employment for an employee.
(6) Time Off During Notice Period
(a) During the period of notice of termination of employment given by
an employer, an employee whose employment is to be terminated for
reasons set out in paragraph (a) of sub clause (1) of this Clause that
employee shall for the purpose of seeking other employment be entitled
to be absent from work during each week of notice up to a maximum of
eight ordinary hours without deduction of pay.
(b) If the employee has been allowed paid leave for more than one day
during the notice period for the purpose of seeking other employment,
the employee shall, at the request of the employer, be required to
produce proof of attendance at an interview or the employee shall not
receive payment for the time absent. For this purpose a statutory
declaration will be sufficient.
(7) Notice to Centrelink
Where a decision has been made to terminate more than 15 employees in
the circumstances outlined in sub clause (1) paragraph (a) hereof, the
employer shall notify Centrelink thereof as soon as possible giving
relevant information including the number and categories of the
employees likely to be affected and the period over which the
terminations are intended to be carried out.
(8) Superannuation Benefit
Subject to an order of the Commission, where an employee who is
terminated receives a benefit from a superannuation scheme, the
employee shall only receive under sub clause (3) hereof, the
difference between the severance pay specified in that sub clause and
the amount of the superannuation benefit the employee receives, which
is attributable to employer contributions only.
(9) Transmission of Business
(a) Where, before or after the date of this Award, a business is
transmitted from an employer (in this sub clause called the
transmittor) to another employer (in this sub clause called the
transmittee), an employee who at the time of such transmission was an
employee of the transmittor in that business becomes an employee of
the transmittee:
(i) the continuity of the employment of the employee shall be
deemed not to have been broken by reason of such transmission; and
(ii) the period of employment which the employee has had with the
transmittor or any prior transmittor shall be deemed to be service
of the employee with the transmittee.
(b) In this sub clause business includes trade, process, business or
occupation and includes part of any such business and transmission
includes transfer, conveyance, assignment or succession whether by
agreement or by operation of law and transmitted has a corresponding
meaning.
(10) Employees With Less Than One Year's Service
This Clause shall not apply to employees with less than one year's
continuous service and the general obligation on employers should be
no more than to give relevant employees an indication of the impending
redundancy at the first reasonable opportunity, and to take such steps
as may be reasonable to facilitate the obtaining by the employees of
suitable alternative employment.
(11) Employees Exempted
This Clause shall not apply where employment is terminated as a
consequence of conduct that justifies instant dismissal including
malingering, inefficiency or neglect of duty or in the case of casual
employees, apprentices or employees engaged for a specific period of
time or for a specified task or tasks.
(12) Employers Exempted
Subject to an order of the Commission, in particular redundancy case,
this Clause shall not apply to employers who employ less than 15
employees.
(13) Incapacity to Pay
An employer, in a particular redundancy case, may make application to
the Commission to have the general severance pay prescription varied
on the basis of the employer's incapacity to pay.
12. - NAMED PARTIES AND RESPONDENTS
12.1 - NAMED PARTIES AND RESPONDENTS Union Party to the Award The Australian Workers' Union, West Australian Branch, Industrial Union of Workers is a named party and respondent to this Award. Employer Party to the Award WMC Resources Limited is a named party and respondent to this Award.
APPENDIX ONE - FORMULAS
FORMULAS
The allowances contained in the following awards are to be adjusted in
accordance with the provisions set out below except when application is
made to vary an allowance due to a special circumstance:
Building and Engineering Trades (Nickel Mining and Processing) Award, 1968;
Engineering and Engine Drivers' (Nickel Smelting) Award, 1973;
Engineering Trades and Engine Drivers (Nickel Refining) Award, 1971;
Nickel Mining and Processing Award, 1975;
Nickel Smelting (WMC Resources Ltd) Award 2003; and
Nickel Refining Award, 1971.
That is by:
(1) Increasing the Shift Allowance [Clause 3.2 - Shift Work subclauses (1)
and (2)(a)] and Industry Allowance [Clause 4.2 - Wages subclause (3)]
using furnishing trades formula of the Engineering and Engine Drivers
(Nickel Smelting) Award - key classification of Engineering Employee Grade
4 .
(2) Increase the Meal Allowance [Clause 3.3 - Overtime subclause (10)]
using CPI : Catalogue 6401.0 : Table 7 : Meals out and take away foods.
(3) Increase the Special Rates and Provisions [Clause 5.2 - Special Rates
subclause (1)] using furnishing trades formula of this Award - key
classification Multi Skilled Process Operator Grade 1.
V A R I A T I O N R E C O R D +---------+-------------------+-----------+----------+----------+--- | NICKEL REFINING AWARD, 1971 | | | | | | | | | | | | NO. 6 OF 1971 | | +---------+-------------------+-----------+----------+----------+--- |SEE BELOW FOLLOWING - NEW VARIATION RECORD | | +---------+-------------------+-----------+----------+----------+--- | Delivered 17/02/71 at 51 WAIG 231 | | +---------+-------------------+-----------+----------+----------+--- | Consolidated s93(6) 04/03/94 at 74 WAIG 756 | | +---------+-------------------+-----------+----------+----------+--- | | | +---------+-------------------+-----------+----------+----------+--- |CLAUSE NO.|EXTENT OF VARIATION |ORDER NO. |OPERATIVE |GAZETTE | | | | | |DATE |REFERENCE | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |1. Title | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(1A. State Wage Principles) | | +---------+-------------------+-----------+----------+----------+--- | |Ins. Cl. |1752/91 |31/01/92 |72 WAIG 191| | +---------+-------------------+-----------+----------+----------+--- | |Cl. & Title |1457/93 |24/12/93 |74 WAIG 198| | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(1A. State Wage Principles December 1993) | | +---------+-------------------+-----------+----------+----------+--- | |Cl. & Title |985/94 |30/12/94 |75 WAIG 23 | | +---------+-------------------+-----------+----------+----------+--- |(1A. Statement of Principles December 1994) | | +---------+-------------------+-----------+----------+----------+--- | |Cl. & Title |1164/95 |21/03/96 |76 WAIG 911| | +---------+-------------------+-----------+----------+----------+--- |(1A. Statement of Principles March 1996) | | +---------+-------------------+-----------+----------+----------+--- | |Cl & Title |915/96 |7/08/96 |76 WAIG | | | | | | |3368 | | +---------+-------------------+-----------+----------+----------+--- |(1A Statement of Principles - August 1996) | | +---------+-------------------+-----------+----------+----------+--- | |Cl & Title |940/97 |14/11/97 |77 WAIG | | | | | | |3177 | | +---------+-------------------+-----------+----------+----------+--- |(1A. Statement of Principles - November 1997) | | +---------+-------------------+-----------+----------+----------+--- | |Cl. & Title |757/98 |12/06/98 |78 WAIG | | | | | | |2579 | | +---------+-------------------+-----------+----------+----------+--- |(1A. Statement of Principles - June, 1998) | | +---------+-------------------+-----------+----------+----------+--- | |Del. Cl. & Title |609/99 |06/07/99 |79 WAIG 1843 | | | | | | | | | | | | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |1B. Minimum Adult Award Wage | | +---------+-------------------+-----------+----------+----------+--- | |Ins. 1B |940/97 |14/11/97 |77 WAIG | | | | | | |3177 | | +---------+-------------------+-----------+----------+----------+--- | |(2),(3) & (5) rates |609/99 |01/08/99 |79 WAIG 1843 | | |& text | | | | | | | | | | | | | | | | | | | | | | | | | | | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |654/00 |01/08/00 |80 WAIG 3379 | +---------+-------------------+-----------+----------+----------+--- | |Cl |752/01 |01/08/01 |81 WAIG | | | | | | |1721 | | +---------+-------------------+-----------+----------+----------+--- | |Cl |797/02 |01/08/02 |82 WAIG | | | | | | |1369 | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |569/03 |5/06/03 |83 WAIG 1899 & | | | | | |2469 | +---------+-------------------+-----------+----------+----------+--- | |(9) |1197/03 |1/11/03 |82 WAIG 3537 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |2. Arrangement | | +---------+-------------------+-----------+----------+----------+--- | |Ins. 32. |464/84 |1/7/84 |64 WAIG | | | | | | |1302 | | +---------+-------------------+-----------+----------+----------+--- | |Ins. 2A |1059/88 |various |69 WAIG 58 | | +---------+-------------------+-----------+----------+----------+--- | |Del. 2A |1940/89 |08/09/89 |69 WAIG | | | | | | |2913 | | +---------+-------------------+-----------+----------+----------+--- | |Ins. 2A. |2495/89(R) |22/11/89 |70 WAIG 826| | +---------+-------------------+-----------+----------+----------+--- | |Ins. 33 |1701/90(R2) |05/12/90 |71 WAIG 155| | +---------+-------------------+-----------+----------+----------+--- | |2A. Title |1561/91 |08/11/91 |71 WAIG | | | | | | |3262 | | +---------+-------------------+-----------+----------+----------+--- | |Ins. 1A |1752/91 |31/01/92 |72 WAIG 191| | +---------+-------------------+-----------+----------+----------+--- | |Ins. Sch. A |699/93 |06/07/93 |73 WAIG | | | | | | |2782 | | +---------+-------------------+-----------+----------+----------+--- | |1A. Title |1457/93 |24/12/93 |74 WAIG 198| | +---------+-------------------+-----------+----------+----------+--- | |1A. Title |985/94 |30/12/94 |75 WAIG 23 | | +---------+-------------------+-----------+----------+----------+--- | |1A. Title |1164/95 |21/03/96 |76 WAIG 911| | +---------+-------------------+-----------+----------+----------+--- | |Ins. Appendix - |693/96 |16/07/96 |76 WAIG | | | |Resolution... | | |2768 | | +---------+-------------------+-----------+----------+----------+--- | |Ins. Appendix - |694/96 |16/07/96 |76 WAIG | | | |S.49B... | | |2789 | | +---------+-------------------+-----------+----------+----------+--- | |1A. Title |915/96 |7/08/96 |76 WAIG | | | | | | |3368 | | +---------+-------------------+-----------+----------+----------+--- | |1A |940/97 |14/11/97 |77 WAIG | | | | | | |3177 | | +---------+-------------------+-----------+----------+----------+--- | |Ins. 1B |940/97 |14/11/97 |77 WAIG | | | | | | |3177 | | +---------+-------------------+-----------+----------+----------+--- | |1A. Title |757/98 |12/06/98 |78 WAIG | | | | | | |2579 | | +---------+-------------------+-----------+----------+----------+--- | |Del. 1A |609/99 |06/07/99 |79 WAIG 1843 | | | | | | | | | | | | | | | | | | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(2A. State Wage Principles - September 1988) | | +---------+-------------------+-----------+----------+----------+--- | |Ins. Cl. |1059/88 |various |69 WAIG 58 | | +---------+-------------------+-----------+----------+----------+--- | |Del. Cl. & Title |1940/89 |08/09/89 |69 WAIG | | | | | | |2913 | | +---------+-------------------+-----------+----------+----------+--- |(2A. State Wage Principle - September 1989) | | +---------+-------------------+-----------+----------+----------+--- | |Ins. Cl. |2495/89(R) |22/11/89 |70 WAIG 826| | +---------+-------------------+-----------+----------+----------+--- | |Cl. & title |1561/91 |08/11/91 |71 WAIG | | | | | | |3262 | | +---------+-------------------+-----------+----------+----------+--- |2A. State Wage Principle - June 1991 | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |3. Area and Scope | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |4. Term | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |5. Preference to Unionists | | +---------+-------------------+-----------+----------+----------+--- |Deleted by section 88 (3) of the Acts Amendment and Repeal | | |(Industrial Relations) Act (No.2) 1984. | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |6. Contract of Service | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |7. Mixed Functions | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |8. Special Rates and Provisions | | +---------+-------------------+-----------+----------+----------+--- | |(1),(2),(3),(4)(a) &|1059/88 |various |69 WAIG 58 | | | |4(b) amts. | | | | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |2495/89(R) |22/11/89 |70 WAIG 826| | +---------+-------------------+-----------+----------+----------+--- | |(1) |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | |(1) |1874/03 |19/4/04 |84 WAIG | | | | | | |1115 | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |9. Hours (Other than Continuous Shift Workers) | | +---------+-------------------+-----------+----------+----------+--- | |(1) & (4) |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |10. Overtime (Other than Continuous Shift Workers) | | +---------+-------------------+-----------+----------+----------+--- | |(4)-(10 |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | |(6) |1874/03 |19/4/04 |84 WAIG | | | | | | |1115 | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |11. Continuous Shift Workers | | +---------+-------------------+-----------+----------+----------+--- | |(3),(5)-(7), (10) & |1155/02 |26/06/03 |83 WAIG 1739 | | |(11) | | | | +---------+-------------------+-----------+----------+----------+--- | |(6) |1874/03 |19/4/04 |84 WAIG | | | | | | |1115 | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |12. Shift Work | | +---------+-------------------+-----------+----------+----------+--- | |(3) |1195/86 |10/3/87 |67 WAIG 435| | +---------+-------------------+-----------+----------+----------+--- | |(3) |1406/87 |5/2/88 |68 WAIG 949| | +---------+-------------------+-----------+----------+----------+--- | |(3) |1059/88 |various |69 WAIG 58 | | +---------+-------------------+-----------+----------+----------+--- | |(3) |842/90(R2) |16/08/90 |70 WAIG | | | | | | |4094 | | +---------+-------------------+-----------+----------+----------+--- | |(3) |1561/91 |08/11/91 |71 WAIG | | | | | | |3262 | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | |1874/03 |19/4/04 |84 WAIG | | | | | | |1115 | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |13. Rest Period after Overtime | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(14. Holidays) | | +---------+-------------------+-----------+----------+----------+--- | |Rename Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- |14. Public Holidays | | +---------+-------------------+-----------+----------+----------+--- | |(3) |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |15. Annual Leave | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |16. Long Service Leave | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(17. Absence Through Sickness) | | +---------+-------------------+-----------+----------+----------+--- | |Rename Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- |17. Sick Leave | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |18. Travelling | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(19. Union Representative Interviewing Workers) | | +---------+-------------------+-----------+----------+----------+--- | |Ins. Para |2053/1/97 |22/11/97 |77 WAIG | | | | | | |3138 | | +---------+-------------------+-----------+----------+----------+--- | |Del. Cl. & Title |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | |Cl |1874/03 |19/4/04 | | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(20. Notice Boards) | | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- |19. Notice Boards | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(21. Shop Stewards) | | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- |20. Shop Stewards | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(22. Grievances and Disputes) | | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- |21. Grievances and Disputes | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(23. Board of Reference) | | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- |22. Board of Reference | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(24. Junior Workers) | | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- |23. Junior Workers | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(25. Payment of Wages) | | +---------+-------------------+-----------+----------+----------+--- | |(1) |464/84 |1/7/84 |64 WAIG | | | | | | |1302 | | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- |24. Payment of Wages | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |(26. Time and Wages Record) | | +---------+-------------------+-----------+----------+----------+--- | |(2) Ins text. |491/98 |16/04/98 |78 WAIG | | | | | | |1471 | | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- |25. Time and Wages Record | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |26. Liberty to Apply | | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- |(27. Liberty to Apply) | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |27. Wages | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |902/84 |17/5/85 |65 WAIG 855| | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1059/88 |various |69 WAIG 58 | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |2495/89(R) |22/11/89 |70 WAIG 826| | +---------+-------------------+-----------+----------+----------+--- | |(1) & (2) |842/90(R2) |16/08/90 |70 WAIG | | | | | | |4094 | | +---------+-------------------+-----------+----------+----------+--- | |(1) |1701/90(R2) |05/12/90 |71 WAIG 155| | +---------+-------------------+-----------+----------+----------+--- | |(1) |1561/91 |08/11/91 |71 WAIG | | | | | | |3262 | | +---------+-------------------+-----------+----------+----------+--- | |Rates & Ins. Text |940/97 |14/11/97 |77 WAIG | | | | | | |3177 | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |65/98 |06/03/98 |78 WAIG | | | | | | |1384 | | +---------+-------------------+-----------+----------+----------+--- | |(1) Rates & insert |609/99 |01/08/99 |79 WAIG 1843 | | |text | | | | | | | | | | | | | | | | | | | | | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |654/00 |01/08/00 |80 WAIG 3379 | +---------+-------------------+-----------+----------+----------+--- | |Cl |752/01 |01/08/01 |81 WAIG | | | | | | |1721 | | +---------+-------------------+-----------+----------+----------+--- | |(1) |797/02 |01/08/02 |82 WAIG | | | | | | |1369 | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |569/03 |5/06/03 |83 WAIG 1899 & | | | | | |2469 | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- |(27. Wages) | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | |Cl |1874/03 |19/04/04 |84 WAIG | | | | | | |1115 | | +---------+-------------------+-----------+----------+----------+--- |28. Bereavement Leave | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | +---------+-------------------+-----------+----------+----------+--- |(29. Bereavement Leave) | | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |29. Jury Service | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |30. Redundancy | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | +---------+-------------------+-----------+----------+----------+--- |(30. Jury Service) | | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |31. Special Day Off Provisions | | +---------+-------------------+-----------+----------+----------+--- | |(1) & (4) |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | +---------+-------------------+-----------+----------+----------+--- |(31. Redundancy) | | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |32. Definitions | | +---------+-------------------+-----------+----------+----------+--- | | | | | | +---------+-------------------+-----------+----------+----------+--- |(32. Special Day Off Provisions) | | +---------+-------------------+-----------+----------+----------+--- | |Ins. Cl. |464/84 |1/7/84 |64 WAIG | | | | | | |1302 | | +---------+-------------------+-----------+----------+----------+--- | |Cl. |714/88 |19/10/88 |69 WAIG 59 | | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |33. Superannuation | | +---------+-------------------+-----------+----------+----------+--- | |Ins. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | +---------+-------------------+-----------+----------+----------+--- |(33. Definitions) | | +---------+-------------------+-----------+----------+----------+--- | |Ins.cl. |1701/90(R2) |05/12/90 |71 WAIG 155| | +---------+-------------------+-----------+----------+----------+--- | |Renum. Cl. |1155/02 |26/06/03 |83 WAIG 1739 | +---------+-------------------+-----------+----------+----------+--- | | | | | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |34. Parental Leave | | +---------+-------------------+-----------+----------+----------+--- | |Ins. Cl. |1155A/02 |29/01/04 |84 WAIG 263| | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |Appendix - Resolution of Disputes Requirements | | +---------+-------------------+-----------+----------+----------+--- | |Ins. Appendix |693/96 |16/07/96 |76 WAIG | | | | | | |2768 | | +---------+-------------------+-----------+----------+----------+--- | |App |2053/97 |22/11/97 |77 WAIG | | | | | | |3079 | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |SCHEDULE A. - PARTIES TO THE AWARD | | +---------+-------------------+-----------+----------+----------+--- | |Ins. Sch. |699/93 |06/07/93 |73 WAIG | | | | | | |2782 | | +---------+-------------------+-----------+----------+----------+--- |(Respondent) | | +---------+-------------------+-----------+----------+----------+--- | |Del. Title & Cl. |699/93 |06/07/93 |73 WAIG | | | | | | |2782 | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- | | | | | | | +---------+-------------------+-----------+----------+----------+--- |Appendix - S.49B - Inspection of Records Requirements | | +---------+-------------------+-----------+----------+----------+--- | |Ins. Appendix |694/96 |16/07/96 |76 WAIG | | | | | | |2789 | | +---------+-------------------+-----------+----------+----------+--- | |(1) ins. Text |2053/97 |22/11/97 |77 WAIG | | | | | | |3138 | | | | | | | | | +---------+-------------------+-----------+----------+----------+--- | |App. |491/98 |16/04/98 |78 WAIG | | | | | | |1471 | | +---------+-------------------+-----------+----------+----------+---
V A R I A T I O N R E C O R D +-----------+--------------+----------+------------+-----------+---- | NICKEL REFINING AWARD, 1971 | | | | | | | | | | | | NO. 6 OF 1971 | | +-----------+--------------+----------+------------+-----------+---- | | | +-----------+--------------+----------+------------+-----------+---- | | | +-----------+--------------+----------+------------+-----------+---- |Delivered 17/02/71 at 51 WAIG 231 | | +-----------+--------------+----------+------------+-----------+---- |Consolidated s93(6) 04/03/94 at 74 WAIG 756 | | +-----------+--------------+----------+------------+-----------+---- |Extensive Award Variation by Order 1872/2003 | | | | | | | |Delivered 14 April 2005 85 WAIG 1725. Effectively Deleting the | |Previous Award Contents & Inserting the Following Contents. | +-----------+--------------+----------+------------+-----------+---- | | | | | | +-----------+--------------+----------+------------+-----------+---- |CLAUSE NO. |EXTENT OF |ORDER NO. |OPERATIVE |GAZETTE REFERENCE | | |VARIATION | |DATE | | +-----------+--------------+----------+------------+-----------+---- |1. Award Structure | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |1.1 Title | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |1.2 Arrangement | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |1.3 Area and Scope | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |1.4 Term | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |1.5 Definitions | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |2. Contract of Employment | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |2.1 Contract of Service | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |3. Hours of Work | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |3.1 Hours | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |3.2 Shift Work | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |3.3 Overtime | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |3.4 Saturday Work | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |3.5 Sunday and Public | | | | |Holiday Work | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |3.6 Rest Breaks and Recall to work- | | | |All Employees | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |4. Rates of Pay | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |4.1 Minimum Adult Award Wage | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- | |Cl. |576/05 |07/07/05 |85 WAIG 2083, | | | | | |2696 | +-----------+--------------+----------+------------+-----------+---- | |Cl. |957/05 |07/07/06 |86 WAIG 1631 & | | | | | |2219 | +-----------+--------------+----------+------------+-----------+---- | |Cl. |1/07 |01/07/07 |87 WAIG 1487 & | | | | | |2119 | +-----------+--------------+----------+------------+-----------+---- | |Cl |115/07 |01/07/08 |88 WAIG 773 &1341 | +-----------+--------------+----------+------------+-----------+---- | |Cl |1/09 |01/10/09 |89 WAIG 735 & | | | | | |1759 | +-----------+--------------+----------+------------+-----------+---- | | | | | | +-----------+--------------+----------+------------+-----------+---- |4.2 Wages | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- | |Cl. |576/05 |07/07/05 |84 WAIG 2083, | | | | | |2696 | +-----------+--------------+----------+------------+-----------+---- | |Cl. |957/05 |07/07/06 |86 WAIG 1631 & | | | | | |2219 | +-----------+--------------+----------+------------+-----------+---- | |Cl. |1/07 |01/07/07 |87 WAIG 1487 & | | | | | |2119 | +-----------+--------------+----------+------------+-----------+---- | |Cl |115/07 |01/07/08 |88 WAIG 773 &1341 | +-----------+--------------+----------+------------+-----------+---- | |Cl |1/09 |01/10/09 |89 WAIG 735 & | | | | | |1759 | +-----------+--------------+----------+------------+-----------+---- | | | | | | +-----------+--------------+----------+------------+-----------+---- |4.3 Junior Employees | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |4.4 Traineeships | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- | | | | | | +-----------+--------------+----------+------------+-----------+---- |5. Allowances and Facilities | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |5.1 Mixed Functions | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |5.2 Special Rates | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |5.3 Travelling | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- | | | | | | +-----------+--------------+----------+------------+-----------+---- |6. Leave | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |6.1 Annual Leave | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |6.2 Public Holidays | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |6.3 Long Service Leave | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |6.4 Sick Leave | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |6.5 Carer's Leave | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |6.6 Bereavement Leave | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |6.7 Parental Leave | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |6.8 Jury Service | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |7. Dispute Resolution Procedure | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |7.1 Dispute Resolution Procedure | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |8. Keeping of Records | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |8.1 Employment Records | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |8.2 Right of Entry for Discussions | | | |With Employees | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |8.3 Right of Entry to Investigate | | | |Breaches | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |8.4 Payment of Wages | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- | | | | | | +-----------+--------------+----------+------------+-----------+---- |9. Registered Organisation Matters | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |9.1 Noticeboards | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |9.2 Shop Stewards | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |10. Superannuation | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |10.1 Superannuation | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |11. Redundancy | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |11.1 Redundancy | | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |12. Named Parties and Respondents | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- |12.1 Named Parties and Respondents | | | +-----------+--------------+----------+------------+-----------+---- | |Ins. |1872/03 |07/04/05 |85 WAIG 1725 | +-----------+--------------+----------+------------+-----------+---- | | | | | | | +-----------+--------------+----------+------------+-----------+---- | | | | | | | +-----------+--------------+----------+------------+-----------+---- | | | | | | | +-----------+--------------+----------+------------+-----------+----