COUNTRY PUBLISHING AND
PRINTING AWARD 2002

Safety Net Review - Wages: May 2005 Decision
(as applicable to members of Country Press Australia in New South Wales, Victoria, Tasmania, South Australia and ACT)

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
s.33 action on Commission’s own motion
(C No. 20174 of 1998)

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00568 of 1998

COUNTRY PRINTING AWARD, 1959
(ODN C No. 00772 of 1958)
Print G8513 [AW772159CRA]]

Various employees Printing industry

COMMISSIONER CARGILL SYDNEY, 1 NOVEMBER 2002
Award simplification.

ORDER A. Further to the decision issued by the Commission on 10 October 2002, [PR922465] the above award is varied as follows: By deleting all clauses, schedules and appendices and inserting the following: PART 1 - APPLICATION AND OPERATION OF AWARD 1.1 TITLE OF AWARD This award will be known as the Country Publishing and Printing Award 2002. 1.2 ARRANGEMENT This award is arranged as follows: Part 1 - Application and operation of award 1.1 Title of award 1.2 Arrangement 1.3 Anti-discrimination 1.4 Definitions 1.5 Date of operation and term of award 1.6 Industry of the award 1.7 Area of operation 1.8 Scope and parties bound 1.9 Previous awards and savings Part 2 - Enterprise flexibility 2.1 Enterprise flexibility 2.2 Work organisation 2.3 Facilitative provisions Part 3 - Dispute resolution 3.1 Consultative mechanism and procedures 3.2 Dispute settlement procedure 3.3 Dispute settlement training Part 4 - Employment relationship 4.1 Types of employment 4.2 Termination of employment Part 5- Wages and related matters 5.1 Wage rates 5.2 Allowances 5.3 Payment of wages Part 6 - Hours of work, breaks, overtime, shift work 6.1 Hours of work, ordinary hours of work - day work employees 6.2 Special provisions for shift work employees in commercial printing offices 6.3 Meal breaks and rest intervals 6.4 Overtime in both commercial printing offices and newspaper offices 6.5 Call back in both commercial printing offices and newspaper offices 6.6 Stand-by for work in both commercial printing offices and newspaper offices 6.7 Rest pause in both commercial printing offices and newspaper offices Part 7 - Leave and leave of absence 7.1 Annual leave 7.2 Personal leave 7.3 Parental leave 7.4 Public holiday entitlement Appendix A - Award respondents Appendix B - Workers compensation make-up pay Appendix C - Protective clothing Appendix D - Broadbanded classification structure Appendix E - Interim classification structure interim classification definitions and indicative tasks (printing). Appendix F - Country newspapers

1.3 ANTI-DISCRIMINATION

1.3.1 It is the intention of the respondents to this award to achieve the principal object in section 3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

1.3.2 Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

1.3.3 Nothing in this clause is taken to affect:

1.3.3(a) any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

1.3.3(b) junior rates of pay;

1.3.3(c) an employee, employer or registered organisation, pursuing matters of discrimination in any state or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission or

1.3.3(d) the exemptions in s170CK(3) and (4) of the Act.

1.4 DEFINITIONS

1.4.1 Award means the Country Publishing and Printing Award 2002.

1.4.2 Act means the Workplace Relations Act 1996.

1.4.3 Adult means:

1.4.3(a) An employee who has attained the age of 21 years other than an apprentice who has not completed their period of apprenticeship; or

1.4.3(b) A non-apprentice junior of eighteen years of age or over who is employed in a non-apprenticeship occupation specified in Part 5 - Wages and related matters, and who is receiving the adult wage for that occupation, or

1.4.3(c) Any employee who has completed their apprenticeship but has not attained the age of 21 years.

1.4.4 Adult apprentice means a person of 21 years of age or over at the time of commencing an apprenticeship.

1.4.5 Commercial printing (without limiting the generality of the words) includes the following operations: Printing (except of newspapers), pre-press , bookbinding, paper ruling, stationery manufacture, cardboard box making, carton making, paper and/or cellophane bag making, toilet paper making, paper pattern cutting, cigarette paper cutting and packing.

1.4.6 A Newspaper office includes every office in which a newspaper is printed and/or published on less than five days in a week and includes an office where in addition to the printing and/or publishing of a newspaper, commercial printing is carried on.

1.4.7 A commercial printing office means any place of business (other than a newspaper office) in which any operation of commercial printing is carried on.

1.4.8 Commission means the Australian Industrial Relations Commission constituted under the Workplace Relations Act 1996.

1.4.9 Day’s work means work performed between the usual hours of commencing and finishing work on any day work, night work or shift work.

1.4.10 Embossing means the making of an impression or impressions upon any surface by the use of male and female dies, whether or not ink, foil (whether of metal or otherwise), or any other colouring medium is being or has been applied to the surface upon which the impression is being or has been made.

1.4.11 Graphic pre press means image design and development, composition and graphic reproduction and all incidental processes.

1.4.12 Hourly rate means the weekly wage prescribed by this award for the work performed divided by the number of hours which constitute the employee’s ordinary working week. In the event of an employee being employed on night/shift work the penalty payable for work at such hours will be part of the weekly wage of that employee.

1.4.13 Letterpress printing means printing by direct or offset printing processes from electrotypes, stereotypes, photo-engraved blocks, type, or any other form of printing from a relief surface and will include printing by multigraph, writer press, roneotype or similar machines printing from type stereos, electros, zincos, photo-engravings or the like, but will not apply to printing which is done wholly by ribbon process using a stencil of waxed paper or prepared tissue paper.

1.4.14 Lithographic printing means planeographic printing by direct or offset printing processes from surfaces of stone, rubber, metal or other material on paper, tin or other material, and includes printing by Multilith, Rotaprint, or any similar type of printing machine but shall not apply to printing which is done wholly by ribbon process using a stencil of waxed paper or prepared tissue paper.

1.4.15 Lithography and Lithographic without limiting the meaning of such words means lithographic processes known as photo-lithography, photo-lithographic, lithographic offset, photo offset, lithography, offset printing, metalitho-graphy, metalograph, planeography, cromo-lithography, and dry lithography.

1.4.16 Screen printing means the process of printing or reproducing through a metallic mesh screen or a screen made of silk or other material: the preparation of copy including screen art and/or designing and/or the making therefore of all classes of stencils.

1.4.17 Stamping means the making of an impression or impressions upon any surface by the use of a blocking die or blocking dies and using ink, foil (whether of metal or otherwise), or any other colouring medium on the surface upon which the impression is being or has been made.

1.4.18 Union means the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union.

1.4.19 Classification Definitions

[1.4.19 corrected by PR927121 ppc 01Nov02]

1.4.19(a) Art and/or designing (including commercial art) howsoever described means the work of an employee employed in or in connection with designing, sketching, drawing, tracing, aerographing, keying, colouring photographs, retouching of bromides, reproducing, writing (including ticket writing), lettering, illustrating, commercial art, or in copying art work or layouts, or in any way preparing art work or layouts for use or prospective use within the industry as defined in this award.

1.4.19(b) Binder and finisher means a tradesperson who performs the general trade skills of binding and finishing.

1.4.19(c) Despatcher in the corrugated and solid fibreboard container industry section means an employee in a finished goods despatch area whose duties include (but not being the labouring aspects only of such functions): Receiving finished goods; assembling or collecting goods in store to satisfy orders requisitions or schedules; checking goods before despatch for quantity, type or size; handing over goods to the person authorised to receive such goods. In addition he/she may be required to keep appropriate records. There shall be at least one employee in each finished goods despatch area who is classified as a despatcher.

1.4.19(d) Machinist means in the corrugated and solid fibreboard container industry section without limiting the generality of that term, the person who, under the direction of the employer is in charge of and responsible for the safety of those under their control, the efficient operation, care and cleanliness of the equipment and its immediately surrounding areas, the behaviour of the crew (if any) and the setting up, maintenance of quality and output of the machine in accordance with the standards set by the employer.

1.4.19(e) Assistant machinist means in the corrugated and solid fibreboard container industry section the person (who is second in charge of the machine) appointed by this employer to assist the machinist in the performance of any of the duties of the machinist as defined, but who is not responsible for taking charge of the machine unless so directed by the employer.

1.4.19(f) Any other employee on that machine means in the corrugated and solid fibreboard container industry section, any employee other than the machinist or assistant machinist who is assigned to the machine by the employer to perform work at the direction of the Machinist.

1.4.19(g) Single facer machinist means in the corrugated and solid fibreboard container industry section the person in charge of a single facer either operating in line with a double backer or as a separate unit, making single faced board.

1.4.19(h) Packer and/or despatcher is an employee engaged in the despatch of goods and whose duties include (but not being the labouring aspects only of such functions): receiving goods; assembling, packing or collecting goods to satisfy orders, requisitions or schedules; checking goods before despatch for quantity, type or size; handing over goods to the person authorised to receive such goods. In addition he/she may be required to keep appropriate records. A packer and/or despatcher shall not include an employee who merely takes off goods and/or materials from a machine, table or conveyer and or wraps those goods and/or places them in container and/or cartons and/or other receptacles but does not despatch them.

1.4.19(i) Storeperson is an employee in a store whose duties include receiving and/or storing away and/or issuing goods and materials used in connection with the industry (not being the labouring aspects only of such functions). In addition he/she may be required to keep appropriate records.

1.4.19(j) Fork-lift and/or grab truck and/or similar powered vehicle operator excludes an operator of any vehicle where the operator is not required to ride on the vehicle in order to operate it.

1.4.19(k) Printer-slotter means a machine used for printing, slotting, scoring and/or slitting and includes printing machines (not being printing attachments). A Printer-slotter may have attachments for limited die cutting operations, for example, hand holes and ventilation holes.

1.4.19(l) Printing attachment means a simple printing device incapable of printing on its own but which when attached to another machine can perform a limited printing function.

1.5 DATE OF OPERATION AND TERM OF AWARD

This award operates from the beginning of the first full pay period on or after the 1 November, 2002 and will remain in force for six months.

1.6 INDUSTRY OF THE AWARD

This award is made in the Printing Industry, which includes any business, trade, manufacture, undertaking, calling, service, employment, handicraft or industrial occupation or avocation on land or water in the industry of printing and/or any kindred industries and/or in any group or branch of such industry or industries, including (without limiting the generality or ordinary meaning of the foregoing description) composing, reading, electro-typing, stereotyping, letterpress machining, lithographic machining, lithographing, machining, printing of all classes, slug-casting or type-casting machine attending and adjusting and/or repairing, typefounding, engraving, process engraving and/or photo engraving, commercial and/or lithographic designing, writing and/or drawing, publishing , despatching, book-binding, binding, paper ruling, paper cutting, paper making, paper working, calico and/or paper bag making, envelope making, stationery making, paper products working, embossing, cardboard box making, carton making (including the making of any kind of boxes and/or containers of paper and/or cardboard used alone or in combination with any other material or materials), plastics manufacturing or any of the processes of or incidental to the manufacturing of plastics or of goods manufactured therefrom or substitutes therefore.

1.7 AREA OF OPERATION

This award applies:

1.7.1 Within the State of New South Wales but not within the County of Cumberland except as to the non-daily newspapers in Campbelltown, the Parish of Maitland, the City of Newcastle, or ‘A’ Shire, ‘B’ Shire and ‘D’ Shire of the Lake Macquarie Shire within the County of Northumberland.

1.7.2 Within the State of Victoria but not within a radius of 40 kilometres of the General Post office of Melbourne or not within a three kilometre radius of the main post office of the cities of Ballarat, Bendigo, Geelong, and Geelong West.

1.7.3 Within the State of South Australia but not within the metropolitan area of Adelaide as defined in the Industrial Code 1920-1963 of the State of South Australia.

1.7.4 Within the State of Tasmania but not within a radius of 24 kilometres of the General Post Office, Hobart.

1.7.5 Within the Australian Capital Territory excluding commercial printing offices.

1.8 SCOPE AND PARTIES BOUND

1.8.1 This award binds:

1.8.1(a) All employers named in Schedule A - Award respondents, to this award and engaged in the industry of the award in respect of all their employees performing work covered by this award and who are eligible to be members of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union whether members of the union or not.

1.8.1(b) The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and its members.

1.8.1(c) The Printing Industries Association of Australia and its members engaged in the industry of the award in respect to all their employees performing work covered by the award.

1.8.2 Country Press Australia is recognised as an association of employers representing country newspaper publishers and printers, the members of which association are included in Schedule A - Award respondents, as named respondents to the award.

1.9 PREVIOUS AWARDS AND SAVINGS

This award supersedes the Country Printing Award 1959 [Print G8513 [AW772159]] but no right, obligation or liability accrued or incurred under that award or variations to it as to allowable matters will be affected by such supersession.

PART 2 - ENTERPRISE FLEXIBILITY

2.1 ENTERPRISE FLEXIBILITY

(See ss.113A and 113B of the Act)

Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process must apply:

2.1.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace must be established.

2.1.2 For the purpose of the consultative process the employees may nominate the Union or another representative to represent them.

2.1.3 Where agreement is reached an application will be made to the Commission.

2.2 WORK ORGANISATION

2.2.1 An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training provided that:

2.2.1(a) such duties are not designed to promote de-skilling; and

2.2.1(b) any direction issued by an employer shall be consistent with the employer’s responsibilities to provide a safe and healthy working environment.

2.2.2 Mixed functions

Where duties performed under 2.2.1 attract different award rates, the employee shall be paid for the day, at the least, the highest award rate for the work performed. When employed intermittently in this fashion there will be no reduction in wage rates where the employee performs work attracting a lesser award rate. Work performed under this paragraph would generally be incidental to an employee’s employment classification.

2.2.3 Change of shift

Where appropriate, procedures enabling the continuous running of machines during shift changeovers will be implemented.

2.2.4 Starting times

Starting and finishing times of individual employees within a plant or section may be staggered to ensure maximum plant capacity utilisation.

2.3 FACILITATIVE PROVISIONS

2.3.1 Agreement to vary award provisions

This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it.

2.3.2 The facilitative provisions are identified below. They establish both the standard award conditions and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.

2.3.3 Such agreements may be between:

2.3.3(a) the employer and the employee; or

2.3.3(b) the employer and a majority of employees at the workplace.

[2.3.4 corrected by PR927121 ppc 01Nov02]

2.3.4 Where an award provision only permits agreement to be reached with the majority of employees in the workplace, section or sections of it, and agreement has been reached with the majority of employees to implement the provision, that agreement will be binding on all employees in such workplace, section or sections of it.

2.3.5 Levels of facilitative provisions

Each award clause which can be altered at the workplace has a level of facilitation (1 - 3) attached to it. Set out below are the three levels of facilitation:

2.3.5(a) Level 1

An employee or employees and the employer agree on the application of an award clause. The agreement is recorded in the time and wages records kept by the employer under Division 1 of Part 9A of the Workplace Relations Regulations.

2.3.5(b) Level 2

2.3.5(b)(i) An employee or employees and the employer agree on the application of an award clause. The employee(s) may request the union or other representative to assist and such representative must be given a reasonable opportunity to participate in the discussions leading up to any agreement. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

2.3.5(b)(ii) Where agreement is reached, the agreement is recorded in the time and wages records kept by the employer under Division 1 of Part 9A of the Workplace Relations Regulations.

2.3.5(c) Level 3

2.3.5(c)(i) Where the union has members employed at an enterprise covered by the award the union must be informed by the employer of the intention to use the facilitative provision and must be given a reasonable opportunity to participate in the negotiations. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

2.3.5(c)(ii) An employee may request to be represented by any other representative who must be given a reasonable opportunity to participate in the negotiations.

2.3.5(c)(iii) After agreement is reached a cooling off period of seven days commences. During the cooling off period, either party may withdraw their consent to the agreement. At the end of the cooling off period, the agreement is deemed to have been made and takes effect. The agreement is then recorded in the time and wages records kept by the employer under Division 1 of Part 9A of the Workplace Relations Regulations.

2.3.6 Dispute over facilitation

In the event that a dispute or difficulty arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with the dispute resolution procedure in clause 3.2 - Dispute settlement procedure.

2.3.7 Clauses for each level of facilitation

Set out below are the levels of facilitation needed to alter application of award provisions:

LEVEL 1

4.1.3(b) Part - time hours of work agreement in both commercial printing and newspaper offices
4.1.4(c)(v) Extension of casual employment period
6.1.1(b)(iii) Ordinary hours of day work over 8.75 and up to ten hours in both commercial printing and newspaper offices
5.2.3 Appendix F Ordinary hours of night work in a newspaper office over 8.75 and up to ten hours
6.1.2(a)(iii) Ordinary hours of non-continuous shift work in commercial printing offices over 8.75 and up to ten hours
6.1.3(b)(iii) Ordinary hours of continuous shift work in commercial printing offices over 8.75 and up to ten hours
6.1.5 Make-up time in both commercial printing offices and newspaper offices
6.4.9 Time off in lieu of overtime in both commercial printing offices and newspaper offices
7.1.3(b) When annual leave is taken
7.4.3 Substitution of a public holiday

LEVEL 2

6.1.1(a)(ii) and (iii) Altering daily spread of day work hours in both commercial printing and newspaper offices
5.1.2(a) and 5.1.2(b) Appendix F Altering daily spread of night work hours in a newspaper office
6.1.1(c) Day work cycle of up to five months in both commercial printing and newspaper offices
5.2.5 Appendix F Night work cycle in a newspaper office of up to twelve months
6.1.2(b) Period of other than continuous shift roster in commercial printing offices greater than 28 days but less than twelve months.
6.1.3(c) Period of continuous shift roster in commercial printing offices greater than 28 days but less than twelve months.
6.2.2(a) and (b) Change to spread of hours - shift work employees in commercial printing offices

LEVEL 3

6.1.1(b)(iv) More than ten ordinary hours per day but less than twelve in both commercial printing and newspaper offices
6.1.1(b)(iv) Twelve ordinary hours per day in both commercial printing and newspaper offices (plus 6.1.4(f)
6.1.1(d)(i) Ordinary hours of day work on Saturday/Sunday in both commercial printing and newspaper offices

LEVEL 3

5.2.4 Appendix F More than ten ordinary hours per night in a newspaper office but less than twelve
5.2.4 Appendix F Twelve ordinary hours per night in a newspaper office (plus 6.1.4(f))
5.4 Appendix F Ordinary hours of night work in a newspaper office on Saturday/Sunday
6.1.2(a)(iv) More than ten ordinary hours per shift but less than twelve (non-continuous shift work) in commercial printing offices
6.1.2(a)(iv) Twelve ordinary hours per shift (non-continuous shift work) (plus 6.1.4(f) in commercial printing offices)
6.1.2(d)(i) Ordinary hours on Saturday or Sunday - non-continuous shift work in commercial printing offices
6.1.3(b)(iv) Twelve ordinary hours per shift (continuous shift work in commercial printing offices) (plus 6.1.4(f))
6.1.3(e)(i) Ordinary hours on Saturday or Sunday - continuous shift work in commercial printing offices

PART 3 - DISPUTE RESOLUTION

3.1 CONSULTATIVE MECHANISM AND PROCEDURES

3.1.1 Consultative committee

At each enterprise covered by this award the employer and employees, and, if appropriate an appropriate representative including the union, may establish a mechanism and procedures which enables them to communicate and consult about matters arising out of this award (in particular clauses 2.1 - Enterprise flexibility and 2.3 - Facilitative provisions) which they agree would assist in achieving and maintaining cooperative workplace relations and mutually beneficial work practices.

3.1.2 Employee notices

The employer must permit a notice board to be erected in the plant, or each part of the plant, to facilitate communication between employees and/or their union representatives regarding employment related matters.

3.1.3 Award to be posted

A copy of this award, with any variation to it will be kept posted by the employer in a prominent place(s) where it may be read by employees.

3.2 DISPUTE SETTLEMENT PROCEDURE

In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:

3.2.1 The employee and the employee’s supervisor meeting and conferring on the matter. The employee may appoint another person to assist them, including a union delegate.

3.2.2 Subject to 3.2.8, where a delegate is involved the delegate must be allowed the necessary time during working hours to interview the employee(s) and the supervisor.

3.2.3 If the matter is not resolved at such a meeting, the parties will hold further discussions between the employee and their nominated representative, if any (including a State union official or their nominee) and more senior levels of management. The employer may also invite into the discussions an officer of the employer organisation to which they belong.

3.2.4 If the matter is still not resolved, the parties will hold further discussions between more senior levels of management of the employer and a Federal union official (or nominee) or other employee representative. The employer may also invite into the discussions an officer of the employer organisation to which they belong.

3.2.5 The delegate, and where appropriate the affected employee(s), must be allowed a reasonable period of time during working hours to interview the duly accredited union officials of the union to which they belong.

3.2.6 The parties will at all times confer without delay.

3.2.7 If the matter cannot be resolved, it may be referred to the Commission.

3.2.8 While the parties attempt to resolve the matter, work will continue as normal, unless the employee has a reasonable concern about an imminent risk to the employee’s health and safety.

3.3 DISPUTE SETTLEMENT TRAINING

3.3.1 Subject to the provisions of this clause a union delegate or duly elected employee representative will be entitled to up to five days training leave with pay each calendar year, non cumulative, to receive training directed at the enhancement of the operation of dispute settling machinery.

3.3.2 The amount of training leave an employer may be requested to approve per twelve month period will depend on the number of weekly employees employed and will be in accordance with the following table:

Number of employees Number of delegates or duly elected employee representatives and amount of training leave to be granted

1-10 1 (3 days)
11-20 1 (5 days)
21-30 2 (5 days)
31-50 3 (5 days)
51-90 4 (5 days)
91 and over 5 (5 days)

3.3.3 Training leave will be granted upon an application in writing to the employer requesting such leave. The application to the employer must include the nature content and duration of the course to be attended.

3.3.4 The granting of leave pursuant to this clause will be subject to the employer being able to make adequate staffing arrangements amongst current employees during the period of the leave. However an employer must not use this subclause to avoid an obligation under this clause.

3.3.5 Six weeks notice of intention to attend a course is required or a lesser period of notice may be agreed by the employer.

3.3.6 Training leave must be to attend courses conducted or approved by an accredited training organisation.

3.3.7 While on training leave, the employee will be paid all ordinary time earnings. For the purposes of this subclause ordinary time earnings means the classification rate, over award payment and shift loading which otherwise would be payable.

3.3.8 Training leave granted under this clause will count as service for all purposes of this award.

3.3.9 All expenses (such as travel, accommodation, and meals) associated with or incurred by the employee attending a training course as provided in this clause will be the responsibility of the employee or the union.

3.3.10 Only employees who have completed six months continuous service with their current employer will be eligible for such leave.

PART 4 - EMPLOYMENT RELATIONSHIP

4.1 TYPES OF EMPLOYMENT

4.1.1 Employees must be engaged as weekly employees on a full-time or regular part-time basis, or as casual employees. No person will be employed except as a weekly employee or a casual employee.

4.1.2 Full-time

A full-time employee is a weekly employee whose ordinary hours of work must not exceed an average of 38 hours per week. An employee not specifically engaged as a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award.

4.1.3 Part-time

4.1.3(a) Definition

A part-time employee is a weekly employee who:

4.1.3(a)(i) works less than full-time hours; and

4.1.3(a)(i)(A) works not less than two hours if an inserter in a newspaper office; or

4.1.3(a)(i)(B) works not less than three hours if a publishing employee in a newspaper office; or

4.1.3(a)(i)(C) works not less than four consecutive hours on any day or night shift; and

4.1.3(a)(ii) has reasonably predictable hours of work; and

4.1.3(a)(iii) receives pro rata pay and conditions of a full-time employee who does the same kind of work.

4.1.3(b) Agreement

4.1.3(b)(i) At the time of engagement, the employee and employer must agree:

4.1.3(b)(i)(A) on the hours to be worked by the employee, the days upon which they will be worked and the commencing and finishing times for the work;

4.1.3(b)(i)(B) on the classification applying to the work to be performed in accordance with 5.1.1;

4.1.3(b)(ii) This agreement is subject to Level 1 facilitation and individual agreement.

4.1.3(b)(iii) The terms of this agreement may be varied by consent. The terms of this agreement or any variation must be in writing and retained by the employer. A copy of the agreement and any variation to it must be provided to the employee by the employer. This agreement is subject to Level 1 facilitation and individual agreement.

4.1.3(c) Overtime

[4.1.3(c) corrected by PR927121 ppc 01Nov02]

A part-time employee who is required by the employer to work in excess of the hours agreed upon in accordance with 4.1.3(b)(i)(A) or 4.1.3(b)(iii), must be compensated in accordance with clause 6.4 - Overtime in both commercial printing offices and newspaper offices.

4.1.3(d) Public holidays

Where a public holiday falls on a day a part-time employee normally works and the employer does not require the employee to work, the employee will not lose pay for that day. Where the employee works on the holiday, the employee must be compensated in accordance with 7.4.7.


4.1.4 Casual employment

4.1.4(a) An employer when engaging persons for casual employment must inform them then and there that they are to be employed as a casual.

4.1.4(b) Irregular casual employment

4.1.4(b)(i) An irregular casual employee is a person engaged:

4.1.4(b)(i)(A) To perform work of an intermittent or irregular nature;

4.1.4(b)(i)(B) To replace a weekly employee who is rostered off or absent due to illness;

4.1.4(b)(ii) Irregular casual employment is a different form of employment from full-time or part-time casual employment.

4.1.4(c) Full-time and part-time casual employment

4.1.4(c)(i) A full-time casual employee is a person, other than an irregular casual employee under 4.1.4(b), engaged to work on a continuous basis week to week the same number of ordinary hours as full-time employees in the establishment.

4.1.4(c)(ii) A part-time casual employee is a person, other than an irregular casual employee under 4.1.4(b), engaged to work on a continuous basis week to week a fixed number of ordinary hours which are less than the hours worked by full-time employees in the establishment.

4.1.4(c)(iii) No employee shall be engaged as a full-time or part-time casual on a continuous basis week to week for more than twelve weeks unless a further maximum period of up to twelve weeks is agreed to between the employer and employee.

4.1.4(c)(iv) An employee shall not be engaged and re-engaged as a casual under 4.1.4(c) to avoid any obligations of this award.

4.1.4(c)(v) Any agreement to extend the period of casual employment shall be recorded in the time and wages record. This agreement is subject to Level 1 Facilitation and individual agreement. Where the maximum agreed period is exceeded or no agreement or record of agreement occurs, a casual employee employed for more than twelve weeks is a full-time or part-time employee depending on the number of hours worked each week.

4.1.4(d) If a casual employee commences duty or is required to attend for duty and actually attends for duty for the period required by the employer, such employee:

4.1.4(d)(i) If engaged in the publishing department of a newspaper office as a publishing employee, will be paid for three hours at the least;

4.1.4(d)(ii) If engaged in the publishing department of a newspaper on collating and inserting, will be paid for two hours at the least;

4.1.4(d)(iii) If engaged on any other work will be paid for four hours at the least;

4.1.4(d)(iv) A casual employee will be paid the appropriate hourly rate (as defined in 1.4.12) for the work prescribed for the hours worked.

4.1.4(e) A casual employee must be paid at the hourly rate prescribed for a full-time employee for the hours worked with the addition of 25%. When a casual employee becomes a full-time or part-time employee pursuant to 4.1.4(c)(v), the 25% casual loading will no longer be payable.

4.1.4(f) A casual employee when working on a holiday or at any time for which a weekly employee is paid above the weekly employee’s ordinary rate of pay, must be paid pro rata for the time worked at the appropriate rate payable to a weekly employee of the same class working at such time with the addition of 25%.

4.2 TERMINATION OF EMPLOYMENT

4.2.1 Termination of employment

4.2.1(a)(i) Notice of termination by employer

In order to terminate the employment of a weekly employee the employer must give to the employee the following notice:

Period of continuous service Period of notice

1 year or less 1 week
Over 1 year and up to the completion of 3 years 2 weeks
Over 3 years and up to the completion of 5 years 3 weeks
Over 5 years 4 weeks

4.2.1(a)(ii) For the purposes of this subclause, continuous service is defined in 7.1.9.

4.2.1(a)(iii) The period of notice in this subclause shall not apply to employees covered by clause 3 of Appendix F - Country newspapers.

4.2.1(b) In addition to this notice, employees over 45 years of age at the time of giving notice with not less than two years continuous service, will be entitled to an additional week’s notice.

4.2.1(c) Payment in lieu of the notice will be made if the employer does not require the appropriate notice period to be worked. Employment may be terminated by the employee working part of the required period of notice and the employer making payment for the remainder of the period of notice.

4.2.1(d) In calculating any payment in lieu of notice, the wages the employee would have received in respect of the ordinary time the employee would have worked during the period of notice had his or her employment not been terminated shall be used.

4.2.1(e) The period of notice in this subclause will not apply in the case of dismissal for conduct that justifies instant dismissal, including malingering, inefficiency, neglect of duty or misconduct, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.

4.2.2 Notice of termination by an employee

4.2.2(a) The notice of termination required to be given by a weekly employee will be the same as that required of an employer, except that there is no requirement on the employee to give the additional notice based on the age of the employee concerned.

4.2.2(b) If an employee fails to give notice, the employer will have the right to withhold moneys due to the employee up to a maximum amount equal to the ordinary time rate of pay for the period of notice.

4.2.3 Notice to commence

Notice may be given on any day of the week. Notice given at or before the commencement of any day work, night work or shift work will commence to run from the beginning of such day, night or shift and notice given after the commencement of day work, night work or shift work will not begin to run until the commencement of the next succeeding day, night or shift.

4.2.4 Time off during notice period

Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off must be taken at times that are convenient to the employee after consultation with the employer.

4.2.5 Redundancy

4.2.5(a) Redundancy occurs when an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone else and this is not due to the ordinary and customary turnover of labour.

4.2.5(b) Transmission of business occurs where a business is after the date of this award, transmitted from an employer (in this paragraph called a transmittor) to another employer (in this paragraph called a 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:

4.2.5(b)(i) the continuity of employment of the employee will be deemed not to have been broken by reason of such transmission; and

4.2.5(b)(ii) the period of employment which the employee has had with the transmittor or any prior transmittor will be deemed to be service of the employee with the transmittee.

4.2.5(b)(iii) Business includes trade, process, business or occupation and includes part of any such business.

4.2.5(b)(iv) Transmission includes transfer, conveyance, assignment, or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

4.2.6 Severance pay

4.2.6(a) Severance pay

Except as provided in clause 3 - Redundancy (technological change) in a Newspaper Office of Appendix F - Country newspapers, in addition to the period of notice prescribed for ordinary termination in 4.2.1(a) of this award and subject to further order of the Commission, an employee whose employment is terminated for redundancy will be entitled to the following amount of severance pay in respect of a continuous period of service:

Period of continuous service Severance pay

1 year or less Nil
Over 1 year and up to the completion of 2 years 4 weeks’ pay
Over 2 years and up to the completion of 3 years 6 weeks’ pay
Over 3 years and up to the completion of 4 years 7 weeks’ pay
Over 4 years 8 weeks’ pay

Weeks’ pay means the ordinary time rate of pay for the employee concerned.

Period of continuous service means the period during which the employee has served the employer under an unbroken contract of employment.

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.

4.2.6(b) Transfer to lower paid duties

Where an employee is transferred to lower paid duties, the employee will be entitled to the same period of notice of transfer as the employee would have been entitled to if the employment had been terminated, and the employer may at the employer’s option, make payment in lieu of notice of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

4.2.6(c) Employee leaving during notice

An employee whose employment is terminated for redundancy may terminate their employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. In such circumstances the employee will not be entitled to payment in lieu of notice pursuant to 4.2.1(c).

4.2.6(d) 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 obtains acceptable alternative employment for an employee.

4.2.6(e) Time off during notice period

Where an employer has given notice of termination to an employee, an employee will be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off will be taken at times that are convenient to the employee after consultation with the employer.

4.2.6(f) Employers exempted

Subject to an order of the Commission in a particular redundancy case, this subclause will not apply to employers who employ less than fifteen employees.

4.2.6(g) Employees exempted

This subclause will 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.

4.2.6(h) 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.

4.2.7 Interruption of work

4.2.7(a) An employer may deduct payment for any time an employee of that employer cannot usefully be employed because of a strike of the Union party to this award or any other union, or through any breakdown of machinery or any stoppage of work for any cause for which the employer cannot be held responsible.

4.2.7(b) In the event of work being temporarily stopped by a breakdown of machinery, or by any cause for which the employer cannot be held responsible, and the employee having lost at least two days pay, the employee, may inform the employer of the employee’s intention to terminate the employment, in which case the employment will be terminated without the employee being required to give the appropriate notice set out in 4.2.1(a) and such moneys as are due under this award will be paid by the employer.

PART 5- WAGES AND RELATED MATTERS

5.1 WAGE RATES

5.1.1 Rate of wage

5.1.1(a) An adult employee must be paid the following minimum award rate of wage:

Group level Minimum award rate

1 431.40
2 448.10
3 470.60
4 491.50
5 525.20

5.1.1(b) Interim classification structure

The classifications making up the current five level broad banded structure are in Appendix D - Broadbanded classification structure, and remain in operation. The wage relativities in this award to Level 5 (Basic Tradesperson) have been established in accordance with the August 1989 National Wage Case decision [Print H9100] and inserted by Print J3620. The classification structure is subject to further discussion between the award parties pursuant to a recommendation by Munro J. on 13 March 1997 in C Nos 23089 and 22956 of 1995 and a decision and order by Merriman C in Prints L0548 and L0648 which inserted an interim classification structure now contained in Appendix E - Interim classification structure interim classification definitions and indicative tasks (printing).

5.1.1(c) Arbitrated safety net adjustment

5.1.1(c)(i) The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages decision May 2002.This arbitrated safety net adjustment may 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 certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

5.1.1(c)(ii) Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

5.1.2 Junior wages

5.1.2(a) Junior (other than a junior artist and/or designer not being an apprentice.

Where the work is performed by a junior (other than a junior artist and/or designer) not being an apprentice the minimum rate of wages will be the under mentioned percentages of the wage of an employee working at the rate prescribed for group Level 1 for the area in which the junior employee is employed.

Age %

under 16 years of age 30
between 16 and 17 years of age 40
between 17 and 18 years of age 50
between 18 and 19 years of age 60
between 19 and 20 years of age 75
between 20 and 21 years of age 90

5.1.2(b) Junior Artist and/or Designer (including junior commercial artist)

5.1.2(b)(i) Where the work is performed by a junior artist and/or designer (including a junior commercial artist) the minimum rates of wages will be the undermentioned percentages of the wage of an employee working at the rate provided by group Level 4 for the area in which he/she is employed:

Age %

under 17 years of age 37½
between 17 and 18 years of age 47½
between 18 and 19 years of age 60
between 19 and 20 years of age 72½
between 20 and 21 years of age 87½

5.1.2(b)(ii) Attendance at an accredited training provider

On production by the junior artist/designer of a certificate from the accredited training provider showing that the junior artist/designer has given satisfactory attention to the course then there will be no deduction from the junior artist/designer’s pay for the time of absence.

5.1.2(b)(iii) Fees

The fees of the training provider must be paid by the employer unless paid by the State or Territory Government.

5.1.2(c) Duties of juniors under specified conditions

5.1.2(c)(i) An employer must not permit or require an employee under the age of eighteen years to be employed on a power driven guillotine (unless an apprentice under contract as provided in 5.1.3 of this award) or a platen or cylinder machine used for carton cutting.

5.1.2(c)(ii) Juniors undergoing training in their work must be provided with qualified adult supervision.

5.1.3 Apprentices

5.1.3(a) The terms of this award will apply to apprentices, including adult apprentices, except where it is otherwise stated or where special provisions are stated to apply. Apprentices may be engaged in trades or occupations provided for in this clause where declared or recognised by an apprenticeship authority.

Subject to appropriate state or territory legislation an employer must not employ an unapprenticed junior in a trade or occupation provided for in this clause.

5.1.3(b) Operation of State or Territory laws

In any state or territory in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that state or territory provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.

5.1.3(c) Training packages and trades

5.1.3(c)(i) Where it is consistent with state or territory legislation, an apprentice may be engaged under a Training Agreement approved by an Apprenticeship Authority, provided the qualification outcome specified in the Training Agreement is consistent with that established for apprenticeship in the trade training package determined from time to time by the National Printing Industry Training Council and endorsed by the National Training Framework Committee.

5.1.3(c)(ii) Subject to 5.1.3(a) an apprenticeship may be undertaken in any of the following trades:

· Graphic pre press
· Printing machining
· Binding and finishing
· Screen printing stencil preparation

5.1.3(d) Apprenticeship authority means:

5.1.3(d)(i) In New South Wales the Commissioner of Vocational Training appointed under the Industrial and Commercial Training Act 1989, the Vocational Training Board constituted under the Act or the Industrial Relations Commission established by the Industrial Relations Act 1996.

5.1.3(d)(ii) In Victoria the State Training Board of Victoria.

5.1.3(d)(iii) In South Australia the Accreditation and Registration Council.

5.1.3(d)(iv) In Tasmania the Training Authority of Tasmania.

5.1.3(d)(v) In the Australian Capital Territory the Vocational Education and Training Board.

5.1.3(e) In order to undertake trade training in accordance with 5.1.3(c) a person must be a party to a contract of apprenticeship or a training agreement in accordance with the requirements of the Apprenticeship Authority or State or Territory legislation. The employer will provide and/or provide access to, training consistent with the contract or training agreement without loss of pay.

5.1.3(f) An apprenticeship may be cancelled or suspended only in accordance with the requirements of the contract of apprenticeship or training agreement and the requirements of State or Territory legislation and the Apprenticeship Authority.

5.1.3(g) The probationary period of an apprentice will be as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority and with State or Territory legislation but will not exceed six months.

5.1.3(h) Apprentices attending technical colleges or schools or registered training organisations or TAFE will be reimbursed all fees paid by them.

5.1.3(i) Except as provided in this clause or where otherwise stated all conditions of employment specified in the award will apply to apprentices. Notice of termination and redundancy provisions will not apply to apprentices.

5.1.3(j) Period of apprenticeship

5.1.3(j)(i) The period of apprenticeship (which includes the probationary period referred to in 5.1.3(g)) will be four years.

5.1.3(j)(ii) The period may be varied to such other period as is approved by an apprenticeship authority provided that any credits granted will be counted as part of the apprenticeship for the purpose of wage progression under clause 5.1 - Wage rates.

5.1.3(j)(iii) Further the period may be varied to such other period as is approved by an apprenticeship authority on the basis of:

5.1.3(j)(iii)(A) an approved competency based training program;

5.1.3(j)(iii)(B) an approved Graphic Arts Pre Vocational Course.

5.1.3(k) Restrictions on overtime and night work

5.1.3(k)(i) No apprentice under the age of seventeen years will be required to work overtime before 7.00 a.m. or later than 9.00 p.m. on any working day.

5.1.3(k)(ii) An apprentice under the age of seventeen years must not be employed on night work.

5.1.3(l) Release for training

5.1.3(l)(i) An apprentice who is engaged in day release training may only be employed on day work.

5.1.3(l)(ii) An apprentice who is engaged on block release training may only be employed on day work except where an apprentice is engaged on block release training and has completed three years block release training and three years of the apprenticeship when the apprentice may be employed on day work or shift work.

5.1.3(l)(iii) Despite 5.1.3(l)(i) and 5.1.3(l)(ii) an apprentice who is engaged on block release training and who is aged eighteen years or more may agree to be employed on morning or afternoon shift except during periods of attendance on block release training. This agreement is not subject to clause 2.3 - Facilitative provisions.

5.1.3(m) Apprentice rates of pay

5.1.3(m)(i) An apprentice will not be entitled to a higher rate of pay until the apprentice has worked for a period of twelve months.

5.1.3(m)(ii) Absences due to annual leave and paid sick leave will be counted as part of the twelve month period.

5.1.3(m)(iii) At the request of the apprentice:

5.1.3(m)(iii)(A) Any time that has been worked by the apprentice in excess of their ordinary hours will be credited to the apprentice in reduction of the time that needs to be worked in the relevant year; or

5.1.3(m)(iii)(B) Any time that has been worked by the apprentice in excess of their ordinary hours will be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.

5.1.3(m)(iv) The period of the apprenticeship cannot be reduced by the operation of 5.1.3(m)(iii).

5.1.3(n) Wages of apprentices (other than adult apprentices)

5.1.3(n)(i) Where the work is performed by an apprentice (other than an adult apprentice), the minimum rate of wages will be the percentage set out below of the wage of a tradesperson working at the rate prescribed for group Level 5 of this award:

%

First year 47.5
Second year 60
Third year 72.5
Fourth year 87.5

5.1.3(n)(ii) Proficiency payments

If the apprentice attains a standard approved by a State or Territory accredited training provider, the apprentice must receive, in addition to the prescribed weekly wage, a weekly amount:

5.1.3(n)(ii)(A) For the first annual examination passed $4.00 per week.

5.1.3(n)(ii)(B) For the second annual examination passed $6.00 per week.

5.1.3(n)(ii)(C) For the third annual examination passed $8.35 per week.

The apprentice will receive such additional amounts on and from the beginning of the first pay period commencing in January following the examination.

5.1.3(n)(iii) Where State or Territory vocational training legislation provides for proficiency payments to be paid to an apprentice then those provisions will apply in substitution for the amounts in 5.1.3(n)(ii)(A), 5.1.3(n)(ii)(B) and 5.1.3(n)(ii)(C).

5.1.3(n)(iv) Proficiency payments are not payable to adult apprentices.

5.1.3(o) Adult apprentices

5.1.3(o)(i) Where a person was employed by an employer in the printing industry immediately before becoming an adult apprentice with that employer, such person must not suffer a reduction in actual rate of pay by virtue of becoming indentured.

[5.1.3(o)(ii) corrected by PR927121 ppc 01Nov02]

5.1.3(o)(ii) Subject to 5.1.3(o)(i), the minimum wages of an adult apprentice, including the wages of probationers for apprenticeship, will be the percentage set out below of the wage of an employee working at the rate prescribed for group Level 5:

%

First year 82
Second year 87
Third year 92
Fourth year 100

5.1.3(o)(iii) Where an adult apprentice has been adjudged by the Apprenticeship Authority in accordance with the requirements of the State or Territory legislation to have gained sufficient theoretical and practical knowledge the apprentice will be deemed, for the purposes of calculating the appropriate wage rate, to have completed the period advanced.

5.1.3(o)(iii)(A) An adult apprentice who is engaged on day release training may only be employed on day work during their periods of attendance at day release.

5.1.3(o)(iii)(B) An adult apprentice who is engaged on block release training may be employed on day work, night work or shift work.

5.1.4 Transition provisions for apprentices

Any person engaged as an apprentice under the Country Printing Award 1959 [Print G8513 [AW772159CRA]] at the date this award commenced operation will be regarded as an apprentice for all purposes of this award until the completion or cancellation of the apprenticeship contract.

5.1.5 Traineeships

The terms of the National Training Wage Interim Award 1994, as varied, will apply to Traineeships under this clause subject to the following provisions of this clause.

5.1.5(a) This clause applies to Traineeship Agreements for the following:

Small Offset Printing Traineeship Certificate 2
Printing Production Support Traineeship Certificate 2
Print Design Traineeship Certificate 2
Graphic Arts and Services Traineeship Certificate 2
Mailhouse Operations Traineeship Certificate 2
Packaging, Fibreboard and Carton Manufacture Traineeship Certificate 2
Screen Printing Traineeship Certificate 2
Desktop Publishing Traineeship Certificate 2
Packaging, Fibreboard and Carton Manufacture Traineeship Certificate 3
Mailhouse Operations Traineeship Certificate 3
Multi Media Traineeship Certificate 3

5.1.5(b) Traineeship Agreement means an agreement made subject to the terms of the National Training Wage Interim Award 1994 between an Employer and the Trainee for a Traineeship which is registered with the relevant State or Territory Training Authority, or the provisions of the appropriate State or Territory legislation. A Traineeship Agreement will be made in accordance with the relevant approved Traineeship Scheme and will not operate unless this condition is met.

5.1.5(c) Traineeship wages

The weekly wages payable to Trainees will be as provided in the aforementioned National Training Wage Interim Award 1994 for work defined at industry/skill level B.

5.1.6 Employees eligible for a supported wage

5.1.6(a) Definition

This subclause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this subclause, the following definitions will apply:

5.1.6(a)(i) Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in “(Supported Wage System): Guidelines and Assessment Process)”.

5.1.6(a)(ii) Accredited assessor means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.

5.1.6(a)(iii) Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

5.1.6(a)(iv) Assessment instrument means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

5.1.6(b) Eligibility criteria

5.1.6(b)(i) Employees covered by this subclause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.

5.1.6(b)(ii) This subclause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment.

[5.1.6(b)(iii) corrected by PR927121 ppc 01Nov02]

5.1.6(b)(iii) The award does not apply to employers in respect of their facility, program, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of, or eligible for, a disability support pension, except with respect to an organisation which has received recognition under section 10 or section 12A of the Act, or if a part only has received recognition, that part.

5.1.6(c) Supported wage rates

5.1.6(c)(i) Employees to whom this clause applies shall be paid the applicable percentage of the rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:

Assessed capacity rate % of prescribed award

10% 10%
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%

Provided that the amount payable shall not be less than $56.00 per week.

5.1.6(c)(ii) Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and support.

5.1.6(d) Assessment of capacity

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either;

5.1.6(d)(i) The employer and the union, in consultation with the employer or, if desired by any of these;

5.1.6(d)(ii) The employer and an accredited assessor from a panel agreed by the parties to the award and the employee.

5.1.6(e) Lodgement of assessment instrument

All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the union is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

5.1.6(f) Review of assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

5.1.6(g) Other terms and conditions of employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the subclause will be entitled to the same terms and conditions of employment as all other employees covered by this award paid on a pro rata basis.

5.1.6(h) Workplace adjustment

An employer wishing to employ a person under the provision of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other employees in the area.

5.1.6(i) Trial period

[5.1.6(i)(i) corrected by PR927121 ppc 01Nov02]

5.1.6(i)(i) In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

5.1.6(i)(ii) During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

5.1.6(i)(iii) The minimum rate payable to the employee during the trial period shall be no less than $56.00 per week.

5.1.6(i)(iv) Work trials should include induction or training as appropriate to the job being trialed.

5.1.6(i)(v) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment.

5.1.7 Calculation Of rates

The rate prescribed for all employees paid in accordance with the provisions of this clause will be calculated in multiples of 10 cents, amounts less than 5 cents being taken to the lower multiple and amounts of 5 cents or more being taken to the higher multiple.


5.2 ALLOWANCES

In addition to the wages payable in accordance with clause 5.1 - Wage rates, the following allowances are payable in accordance with the following provisions:

5.2.1 First aid allowance

A person appointed as a first aid attendant will be paid an allowance of $8.40 per week to render first aid when needed. An employee will be qualified to be appointed as a first aid attendant if the person holds a current First Aid Certificate from the St John Ambulance Association or other similar body. The provisions of this subclause will not apply where the employer employs a nurse or other medically trained person.

5.2.2 Meal allowance

5.2.2(a) A meal allowance of $11.35 is payable where:

5.2.2(a)(i) An employee and an adult apprentice (other than a junior or apprentice) is required to work overtime for more than one and a half hours without being notified on the previous day or earlier that the employee will be so required to work; or

5.2.2(a)(ii) An employee and an adult apprentice (other than a junior or apprentice) who has been so notified of such overtime and then is not required to work such overtime; or

5.2.2(a)(iii) A junior or an apprentice (other than an adult apprentice) is required to work overtime for more than one and a half hours; or

5.2.2(a)(iv) For each subsequent meal break in accordance with 6.4.6 when working overtime.

5.2.2(b) Where meal allowance is payable, employers will endeavour to pay the meal allowance prior to the commencement of the meal period.

5.2.3 Service payment

5.2.3(a) An employee who was employed as at 1 November 2002 and entitled to service payments will be entitled to continue to receive the service payments but will not be entitled to any increase in the amount of that payment despite further continuous service with the employer. Provided that service payments will be absorbed into future safety net adjustments or otherwise in over award payments.

5.2.3(b) An employee who has less than 20 years continuous service at 1 November 2002 or who commences employment 1 November 2002 will not be entitled to service payments.

5.2.3(c) The service payment applying immediately prior to 1 November 2002 is $6.40 per week. Such payment will be part of the employee’s ordinary weekly wage for the purpose of calculating the overtime rate payable in accordance with this award.

5.2.4 Shift allowances - commercial printing only

5.2.4(a) An employee in a commercial printing office when on afternoon shift or when on a night shift which rotates with or alternates with day work and/or afternoon shift will, in addition to the day work wage by this award prescribed for the work that they perform, be paid 20% of that day work wage.

5.2.4(b) An employee in a commercial printing office who:

5.2.4(b)(i) During a period of engagement on shift, works night shift only; or

5.2.4(b)(ii) Remains on night shift for a longer period than four consecutive weeks; or

5.2.4(b)(iii) Works on a night shift which does not rotate or alternate with another shift or with day work so as to give them at least one-third of their working time off night shift in each cycle;

will during such engagement period or cycle be paid for all time worked during ordinary working hours on such night shift 30%in addition to the day work wage prescribed by this award for the work they perform.

5.2.4(c) Allowances part of weekly wage

The shift allowance is part of the employee’s weekly wage for the purpose of calculating the overtime rate payable in accordance with this award.

5.2.5 Foreman or leading hand allowance

Where an employee, in addition to the employee’s ordinary work, is required to supervise or is in charge of other adult employees in that office, the following payment in addition to the appropriate classification rate will be made:

· From 3 to 10 adult employees $27.55;
· More than 10 adult employees $33.90.

5.2.6 Employee missing usual transport

5.2.6(a) Whenever the finishing time of any employee working overtime or working on any temporary night work or shift work is such as to cause the employee to miss the usual means of transport home and there is no reasonable alternative transport available the employee will be conveyed home in a suitable manner, without delay, at the expense of the employer.

5.2.6(b) In the event of transport as required by this subclause not being provided by the employer, the appropriate overtime rates will be paid for the time necessarily occupied by the employee in reaching home.

5.2.7 Protective clothing

The employer will reimburse employees for the purchase of appropriate protective clothing in accordance with this subclause and Appendix C - Protective clothing. This subclause will not apply where the employer provides the appropriate protective clothing.

5.3 PAYMENT OF WAGES

5.3.1 Wages will be paid on any weekday in each week and such wages including payment for any absences authorised by this award will be paid not later than two clear days after the end of the pay week in respect of which they have become due. Provided that overtime worked within one day of the end of the pay period may be paid to the employee in the next pay period.

5.3.2 Wages will be paid in cash, cheque or electronic transfer (as determined by the employer) provided that wages paid by electronic transfer will be without cost to the employee at the time of transfer.

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK

6.1 HOURS OF WORK, ORDINARY HOURS OF WORK - DAY WORK EMPLOYEES

6.1.1 Ordinary Hours Of Work - Day Work Employees

[6.1.1 heading inserted by PR927121 ppc 01Nov02]

6.1.1(a) Spread of day work hours in both commercial printing offices and newspaper offices

6.1.1(a)(i) The ordinary hours of day work in both commercial printing offices and newspaper offices are to be worked continuously, except for meal breaks, at the discretion of the employer, in the spread of hours between 7.00 a.m. and 6.00 p.m. However, the ordinary hours of work for employees engaged to clean the premises or attend to heating or cooling apparatus for the machines or buildings may be between the hours of 6.30 a.m. and 6.00 p.m.

6.1.1(a)(ii) The daily spread of hours in both commercial printing offices and newspaper offices may be altered by up to one hour at one end of the spread (but not both) by agreement between an employer and the majority of employees affected. This is subject to Level 2 Facilitation. Provided that where agreement has been reached with the majority of employees in the workplace or section or sections of it, the employer may not implement the agreement unless agreement has been reached with each individual employee to be covered by the facilitative provision.

6.1.1(a)(iii) The daily spread of hours in both commercial printing offices and newspaper offices may be altered by up to one hour at one end of the spread (but not both), by agreement between the employer and an individual employee. This agreement is subject to Level 2 Facilitation and may:

6.1.1(a)(iii)(A) only be accessed where no majority agreement has been reached,

6.1.1(a)(iii)(B) only be implemented in respect of individual employees who have reached agreement; and

6.1.1(a)(iii)(C) the agreement is only with an individual employee or a number of individuals less than the majority in the workplace or section or sections of it.

6.1.1(b) Ordinary hours for day work

6.1.1(b)(i) The ordinary hours of work for day work in both Commercial printing offices and newspaper offices will not exceed an average of 38 per week.

6.1.1(b)(ii) The ordinary hours of work for day work in both Commercial printing offices and newspaper offices will not exceed 8.75 hours per day.

6.1.1(b)(iii) Despite 6.1.1(b)(ii), the ordinary hours of work for day work in both Commercial printing offices and newspaper offices may exceed 8.75 hours and up to ten hours per day by agreement between the employer and the majority of employees. This is subject to Level 1 facilitation.

6.1.1(b)(iv) By agreement between the employer and the majority of employees, an employee in both Commercial printing offices and newspaper offices may work ordinary hours in excess of ten hours and up to twelve hours. An agreement to work more than ten hours and less than twelve hours is subject to Level 3 Facilitation. Where twelve ordinary hours are introduced on any day, the agreement is subject to Level 3 Facilitation and 6.1.4(f).

6.1.1(c) Work cycles for day work

The ordinary hours of day work in both Commercial printing offices and newspaper offices are to be worked over a cycle which does not exceed 152 hours in 28 days. By agreement between the employer and the majority of employees affected, a roster system may operate on the basis of a weekly average of 38 ordinary hours over a period which does not exceed five months. This is subject to Level 2 Facilitation.

6.1.1(d) Days on which ordinary hours of day work are worked

6.1.1(d)(i) The ordinary hours of day work in both Commercial printing offices and newspaper offices may be worked on any day Monday to Friday inclusive. The days on which ordinary hours are worked may include Saturday and Sunday by agreement between the employer and the majority of employees affected. This is subject to Level 3 Facilitation.

6.1.1(d)(ii) Where agreement has been reached to work ordinary hours of day work on Saturday or Sunday, under 6.1.1(d)(i) double time will be paid for all work done on a Saturday or Sunday.

6.1.1(e) An employee under seventeen years of age must be employed only on day work in both Commercial printing offices and newspaper offices.

6.1.2 Ordinary hours of work - other than continuous shiftwork employees (in commercial printing offices)

6.1.2(a) Ordinary hours and work cycles for non continuous shift work in commercial printing offices

6.1.2(a)(i) The ordinary hours for non-continuous shift work in a commercial printing office must not exceed an average of 38 per week.

6.1.2(a)(ii) The ordinary hours of shift work employees on non-continuous shift work in a commercial printing office will not exceed 8.75 hours per shift.

6.1.2(a)(iii) Despite 6.1.2(a)(ii), the ordinary hours of shift work employees on non-continuous shift work in a commercial printing office may exceed 8.75 hours per shift and up to ten hours per shift by agreement between the employer and the majority of employees. This agreement is subject to Level 1 Facilitation.

[6.1.2(a)(iv) corrected by PR927121 ppc 01Nov02]

6.1.2(a)(iv) By agreement between the employer and a majority of employees, an employee may work ordinary hours of non-continuous shift work in a commercial printing office in excess of ten hours and up to twelve hours. An agreement to work more than ten hours and less than twelve hours is subject to Level 3 Facilitation. An agreement to work twelve hours is subject to Level 3 Facilitation and 6.1.4(f).

6.1.2(b) By agreement between the employer and the majority of employees affected in a commercial printing office, a roster system may operate on the basis that the weekly average of up to 38 ordinary hours of non-continuous shift work is allowed over a period which exceeds 28 consecutive days but which does not exceed twelve months. This agreement is subject to Level 2 Facilitation.

6.1.2(c) Days on which ordinary hours of non-continuous shift work are worked in a commercial printing office

The ordinary hours of non-continuous shift work in a commercial printing office are to be worked continuously, except for meal breaks. The ordinary hours of work in a commercial printing office may be worked on any day Monday to Friday inclusive, provided that ordinary hours commencing on a Friday may continue into the Saturday for the remaining ordinary hours of work without the payment of double time.

6.1.2(d) Ordinary hours of non-continuous shift work in a commercial printing office on Saturday or Sunday

6.1.2(d)(i) By agreement between the employer and the majority of employees affected, the days on which ordinary hours of non-continuous shift work are worked in a commercial printing office may include Saturday and Sunday. This agreement is subject to Level 3 Facilitation.

6.1.2(d)(ii) Where agreement has been reached under 6.1.2(d)(i) to work ordinary hours of non-continuous shift work in a commercial printing office on a Saturday or Sunday, the following rates will be paid for all ordinary work done on a Saturday or Sunday:

Afternoon shift 220%
Night shift (except as defined in 5.2.4(a)) 220%
Fixed night shift (as defined in 5.2.4(b)) 230%

6.1.2(d)(ii)(A) Where ordinary time is worked on a Saturday or Sunday by non-continuous shift work employees in a commercial printing office and overtime is continuous with such work, the above rates will apply to the overtime work.

6.1.2(d)(ii)(B) The above rates are in substitution for and not cumulative on the shift allowances prescribed in 5.2.4 and the overtime penalties in 6.4 - Overtime in both commercial printing offices and newspaper offices.

6.1.3 Ordinary hours of work - continuous shift work employees (In commercial printing offices)

6.1.3(a) Definition of continuous shift work

Continuous Shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each day in a commercial printing office without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

6.1.3(b) Ordinary hours and work cycles for continuous shift work in a commercial printing office

6.1.3(b)(i) The ordinary hours of continuous shiftwork employees in a commercial printing office are to average 38 hours per week and must not exceed 152 hours in 28 consecutive days.

6.1.3(b)(ii) The ordinary hours of continuous shift work employees in a commercial printing office will not exceed eight hours per shift.

6.1.3(b)(iii) Despite 6.1.3(b)(ii), the ordinary hours of work for continuous shift work in a commercial printing office may exceed 8.75 hours and up to ten hours per day by agreement between the employer and the majority of employees. This agreement is subject to Level 1 facilitation.

6.1.3(b)(iv) By agreement between the employer and the majority of employees, an employee in a commercial printing office may work twelve ordinary hours on continuous shift work. Where twelve ordinary hours are introduced on any shift, the agreement is subject to Level 3 Facilitation and 6.1.4(f).

6.1.3(c) By agreement between the employer and the majority of employees affected in a commercial printing office, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed twelve months. This agreement is subject to Level 2 Facilitation.

6.1.3(d) Days on which ordinary hours are worked on continuous shift work in a commercial printing office

The ordinary hours of continuous shift work in a commercial printing office are to be worked continuously, except for meal breaks, at the discretion of the employer. The ordinary hours of continuous shift work in a commercial printing office may be worked on any day Monday to Friday inclusive, provided that ordinary hours commencing on a Friday, may continue into the Saturday for the remaining ordinary hours of work without the payment of weekend penalty rates.

6.1.3(e) Ordinary hours of continuous shift work on Saturday or Sunday in a commercial printing office

6.1.3(e)(i) The days on which ordinary hours of continuous shift work in a commercial printing office are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees affected. This agreement is subject to Level 3 Facilitation.

6.1.3(e)(ii) Where an agreement has been reached under 6.1.3(e)(i) the following rates will be paid for all ordinary work done on a Saturday or Sunday:

Afternoon shift 220%
Night shift (except as defined in 5.2.4(a)) 220%
Fixed night shift (as defined in 5.2.4(b)) 230%

6.1.3(e)(ii)(A) Where ordinary time is worked on a Saturday or Sunday in a commercial printing office and overtime is continuous with such continuous shift work, the above rates will apply to the overtime work.

6.1.3(e)(ii)(B) The above rates are in substitution for and not cumulative on the shift allowances prescribed in 5.2.4 and the overtime penalties in 6.4.

6.1.3(f) Limitation on double shifts in a commercial printing office

Shift work employees in a commercial printing office, whilst recognising their obligations to continue at work until relieved will not be required to work more than two consecutive shifts. The employer will avoid double shifts as far as possible by using every endeavour to arrange reliefs, and will limit the number of double shifts worked by an employee to one in any week except in unavoidable circumstances.

6.1.4 Methods of arranging ordinary hours in both commercial printing offices and newspaper offices

6.1.4(a) The method of arranging ordinary hours in both commercial printing offices and newspaper offices may be:

6.1.4(a)(i) By employees working a constant number of ordinary hours each day; or

6.1.4(a)(ii) By fixing one day a week on which employees work a lesser number of ordinary hours.

6.1.4(a)(iii) By fixing one or more days on which all employees will be off during a particular work cycle; or

6.1.4(a)(iv) By rostering employees off on various days of the week during a particular work cycle so that each employee has one or more days off during that cycle.

[6.1.4(b) corrected by PR927121 ppc 01Nov02]

6.1.4(b) Subject to the employer’s right to fix and change the daily hours of employees as prescribed in 6.1.7 and 6.1.4(a), the arrangement of ordinary working hours in both commercial printing offices or newspaper offices is to be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise affected. This agreement is not subject to 2.3 - Facilitative provisions.

6.1.4(c) Days off in both commercial printing offices and newspaper offices

Where pursuant to 6.1.4(a)(iii) and 6.1.4(a)(iv) an employer adopts a system of work which entitles an employee to a day off during the work cycle, the following provisions apply:

[6.1.4(c)(i) corrected by PR927121 ppc 01Nov02]

6.1.4(c)(i) An employer and an employee or the majority of employees at the plant or work section or sections concerned may by agreement substitute the day the employee or employees concerned are to take off during a work cycle for another day. This agreement is not subject to 2.3 - Facilitative provisions.

6.1.4(c)(ii) An apprentice who is required to attend trade school on a rostered day off must be entitled to a substitute day as soon as practicable following the attendance at trade school.

6.1.4(c)(iii) Except as provided in 6.1.4(c)(i), work performed on a rostered day off, night off or shift off must be paid for at overtime rates as set out in 6.4.4.

[6.1.4(d) corrected by PR927121 ppc 01Nov02]

6.1.4(d) Notice of days/nights/shifts off in both commercial printing offices and newspaper offices

In both commercial printing offices and newspaper offices unless otherwise agreed by the employer and a majority of employees in the plant or work section(s) concerned, the employer is required to give four weeks notice of a rostered day/night/shift off accrued pursuant to 6.1.4(a)(iii) and 6.1.4(a)(iv). This agreement is not subject to 2.3 - Facilitative provisions.

[6.1.4(e) corrected by PR927121 ppc 01Nov02]

6.1.4(e) Banking of rostered days/nights/shifts in both commercial printing offices and newspaper offices

In both commercial printing offices and newspaper offices by agreement between the employer and employee or majority of employees at the plant or work section or sections concerned, rostered days/nights/shifts off may be accumulated or banked up to a maximum of five days/nights/shifts and shall be entitled to be taken in a manner agreed upon between the employer and the employee or the majority of employees prior to the first of such days/nights/shifts accumulating. This agreement is not subject to 2.3 - Facilitative provisions.

6.1.4(f) Twelve hour days/nights/shifts in both commercial printing offices and newspaper offices

In both commercial printing offices and newspaper offices twelve hour days, nights or shifts may be introduced in accordance with 6.1.1(b)(iv), 6.1.2(a)(iv), 6.1.3(b)(iv) or 5.2.4 of Appendix F - Country newspapers, subject to:

· Proper health monitoring procedures being introduced;
· Suitable roster arrangements being made;
· Proper supervision being provided;
· Adequate breaks being provided;
· An adequate trial or review process being implemented

6.1.5 Make-up time in both commercial printing offices and newspaper offices

6.1.5(a) In both Commercial printing offices and newspaper offices an employee may elect, with the consent of the employer, to work make up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award. This agreement is subject to Level 1 Facilitation.

[6.1.5(b) corrected by PR927121 ppc 01Nov02]

6.1.5(b) In both commercial printing offices and newspaper offices an employee on night or shift work may elect with the consent of their employer, to work make up time under which the employee takes time off during ordinary hours and works those hours at a later time, at the night or shift work rate which would have been applicable to the hours taken off. This agreement is subject to Level 1 Facilitation.

6.1.6 Fixation and change of hours in both commercial printing offices and newspaper offices

6.1.6(a) In both commercial printing offices and newspaper offices the daily hours of each employee, including the meal period, will be as determined by the employer, provided that the employer will not alter the usual daily working hours of any employee unless and until the employee has had one week’s notice of the alteration which is to be made.

6.1.6(b) In both commercial printing offices and newspaper offices once an employee’s working hours have been fixed in accordance with 6.1.6(a), such hours will not be changed until at least one week after such hours have been in actual operation.

6.1.6(c) Except as set out in 6.1.6(d), if any alteration to an employee’s hours is made other than in accordance with 6.1.6(a), the employee will be paid double time for all time worked outside of the hours fixed in accordance with 6.1.6(a).

6.1.6(d) In both commercial printing offices and newspaper offices in the case of an emergency beyond the control of the employer, such employer may require an employee to change the employee’s working hours on giving 48 hours notice, without payment of the penalty prescribed in 6.1.6(c). The ordinary hours of such employee will not be changed more than once in a working week.

6.1.6(e) If an employee is required to change working hours in the case of an emergency beyond the control of the employer without receiving 48 hours notice, the employee will be paid double time for all time worked until the expiration of the 48 hours after the employee commenced the new hours.

6.1.7 Change of working periods in both commercial printing offices and newspaper offices

6.1.7(a) In both commercial printing offices and newspaper offices an employee who during the course of a week’s work is transferred from day work to night or shift work or vice versa or from one shift to another shift, will be allowed without loss of pay at least a ten hour break between finishing their night’s work or shift or day’s work and commencing their next night’s work or shift or day’s work.

6.1.7(b) In both commercial printing offices and newspaper offices if such ten hour break is not allowed, the employee will be paid double time for all hours worked until he/she has such ten hour break.

6.1.7(c) An employee must not be transferred from day work to night or shift work or vice versa more than once in a working week.

6.2 SPECIAL PROVISIONS FOR SHIFTWORK EMPLOYEES IN COMMERCIAL PRINTING OFFICES

6.2.1 Definitions

6.2.1(a) Afternoon shift in a commercial printing office means any shift finishing after 6.00 p.m. and at or before 12.45 a.m.

6.2.1(b) Night shift in a commercial printing office means any shift finishing subsequent to 12.45 a.m. and at or before 10.00 a.m.

6.2.2 Altering spread of hours of shiftwork employees in commercial printing offices

6.2.2(a) The daily spread of shiftwork hours in a commercial printing office may be altered by up to one hour at one end of the spread (but not both) by agreement between an employer and the majority of employees affected. This agreement is subject to Level 2 Facilitation. Provided that where agreement has been reached with the majority of employees in the workplace or section or section of it, the employer may not implement the agreement unless agreement has been reached with each individual employee to be covered by the facilitative provision.

6.2.2(b) The daily spread of shiftwork hours in a commercial printing office may be altered by up to one hour at one end of the spread (but not both), by agreement between the employer and an individual employee. This agreement is subject to Level 2 Facilitation and may:

6.2.2(b)(i) only be accessed where no majority agreement has been reached,

6.2.2(b)(ii) only be implemented in respect of individual employees who have reached agreement; and

6.2.2(b)(iii) the agreement is only with an individual employee or a number of individuals less than the majority in the workplace or section or sections of it.

6.2.3 Meal break - continuous shift workers in commercial printing offices

An employee employed on continuous shift work in a commercial printing office, on the shift on which the employee is employed, will be permitted and take a meal break of 30 consecutive minutes and such meal break will be counted as time worked and paid as such.

6.3 MEAL BREAKS AND REST INTERVALS

6.3.1 The minimum time allowance in both commercial printing offices and newspaper offices for meals will be half an hour and the maximum time allowance one hour.

6.3.2 No period of work in any office will exceed five hours without a break for meals, provided that:

[6.3.2(a) corrected by PR927121 ppc 01Nov02]

6.3.2(a) In any office where pursuant to clause 6.1 - Hours of work, an employer has adopted a system of ordinary working hours which does not require employees to work for more than six hours on a day, night or shift and they are not required to work in excess of their ordinary hours on that day, night or shift, then by agreement between the employer and the majority of those employees affected a meal break need not be taken on that day , night or shift. This agreement is not subject to clause 2.3 - Facilitative provisions.

6.3.2(b) In any office by agreement between the employer and the majority of employees in the plant, work section or sections affected or by agreement between the employer and an employee, employees may be required to work in excess of five hours but not more than six hours at ordinary rates of pay without a meal break. This agreement is not subject to 2.3.

6.3.3 In any office where an employee is required to work during their usual meal period they will be paid one-half extra on the hourly rate of their weekly wage for the time so worked and they will be allowed their usual meal period as soon as it can be arranged, but not later than five hours after commencing work each day.

6.3.4 The meal period of any employee on day work will be between the hours of 12.00 noon and 2.00 p.m.

6.3.5 The usual time of an employee’s meal period in both Commercial printing offices and newspaper offices may be altered:

6.3.5(a) By the employer after the employee has had one week’s notice of the alteration which is to be made; or

6.3.5(b) By an employer acceding to a request by an employee that the employee desires a change in order to attend to some business arrangement, domestic or other personal necessity, in which case notice of alteration will not be required; or

6.3.5(c) By an employer where a change is necessary in order to meet a requirement for continuous running of a machine in which case notice of alteration will not be required. Provided that such a change will not be effected in circumstances where the employee has an existing commitment that prevents the meal period being altered.

6.3.5(d) By agreement between an employer and an employee in which case notice of alteration will not be required provided that such agreement is not for the sole purpose of avoiding the penalty prescribed by 6.3.3. This agreement is not subject to 2.3.


6.4 OVERTIME IN BOTH COMMERCIAL PRINTING OFFICES AND NEWSPAPER OFFICES

6.4.1 Requirement to work reasonable overtime

In any office an employer may require employees to work reasonable overtime provided that an employer will not insist upon an employee working overtime where the employee declares that the employee is not free to work and discloses a good reason to the employer to support their declaration. No employee will be dismissed or in any way prejudiced in their employment by reason of refusal to work overtime where the employee has satisfactorily disclosed that the employee is not free to work.

[6.4.1(a) inserted by PR925358 ppc 05Dec02]

6.4.1(a) Subject to clause 6.4.1(b) an employer may require an employee to work reasonable overtime at overtime rates.

[6.4.1(b) inserted by PR925358 ppc 05Dec02]

6.4.1(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

6.4.1(b)(i) any risk to employee health and safety;

6.4.1(b)(ii) the employee's personal circumstances including any family responsibilities;

6.4.1(b)(iii) the needs of the workplace or enterprise;

6.4.1(b)(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

6.4.1(b)(v) any other relevant matter.

6.4.2 Payment for overtime

Except as agreed under 6.4.9, in any office all overtime earnings of an employee must be paid in full at the rate of time and one half for the first two hours and double time thereafter.

6.4.3 Overtime work on a Saturday or a Sunday

6.4.3(a) In any office except as agreed under 6.4.9, double time will be paid for all overtime work done on a Saturday or on a Sunday.

[6.4.3(b) corrected by PR927121 ppc 01Nov02]

6.4.3(b) In any office except as agreed under 6.4.9, a weekly employee who has been notified that the employee will be required to work overtime on a Saturday (not being work which is continuous with work which commenced on a Friday) or on a Sunday and so reports for work and is able to perform such work must be provided on a Saturday with at least two hours work or at least two hours pay at double time or on a Sunday with at least four hours work or at least four hours pay at double time.

6.4.3(c) In any office except as otherwise provided in clauses 6.1, 6.2 or 5 of Appendix F - Country newspapers, the provisions of this subclause will apply to a night or shift work employee provided that a night or shift work employee required to work overtime on a Saturday immediately after the finishing time of their ordinary working hours which commenced on a Friday shall be compensated in accordance with 6.4.2 of this clause.

6.4.4 Work on a rostered day off

Subject to clause 6.5 - Call back in both commercial printing offices and newspaper offices, in any office work on a rostered day off is overtime and is paid at time and one half for the first two hours and double time thereafter.

6.4.5 Work on a public holiday

An employee in a commercial printing office required to work on a public holiday will be paid according to 7.4.7.

6.4.6 Meal period during overtime

6.4.6(a) An employee will not work overtime for longer than five hours without a meal period of half an hour.

6.4.6(b) Despite 6.4.6(a) where an employee working overtime can complete their work within three quarters of an hour after their ordinary finishing time they may continue to work for that period without a break for a meal provided that they do not work for more than five and a half hours from their previous meal break.

6.4.6(c) Where overtime is worked before the ordinary hour of commencing work and such overtime is of one and a half hours or more the employee will, within five hours of the commencement of such overtime, be required to take a meal period of half an hour without deduction of pay. Nothing in this paragraph will in any way affect the taking by the employee of their ordinary meal period prescribed by this award.

6.4.7 Ten-hour break

6.4.7(a) An employee who has worked overtime will be informed that they are entitled to and be granted a break of at least ten hours between the time of finishing work and the time when they next commence work, and no deductions will be made from their pay because of any time lost by reason of such break. Where the employee is required to work before they have completed the break of ten hours they will be paid double time for all time worked until they have had a break of at least ten hours.

6.4.7(b) Provided that where a majority of employees agree the ten hour break provision shall not apply where weekly employees work overtime in the afternoon preceding the night shift. This clause is not subject to clause 2.3 - Facilitative provisions.

6.4.8 Thirty six hour break

6.4.8(a) An employee who is required to work more than six consecutive days if a day work employee or six consecutive shifts if a night/shift work employee without a clear interval from work of 36 hours after the sixth day or night/shift must be paid double time for all work performed after the sixth day or night/shift until the employee will have had such clear interval of 36 hours. If an employee is stood off for any period during the ordinary working week in order to allow a 36 hour break there must be no reduction in their weekly wage.

6.4.8(b)(i) Despite 6.4.8(a), an employer and the majority of employees in the workplace or a section or sections of the workplace may agree to a break of ten hours. Where this agreement is made an employee may not work more than thirteen consecutive days without a minimum break of 36 hours before the employee’s next days work or night/shift. Such an agreement must be recorded in the time and wages book. This agreement is not subject to clause 2.3 - Facilitative provisions.

6.4.8(b)(ii) An employer will not insist on the employee working where the employee discloses that the employee is not free to work and discloses a good reason for the inability to work.

6.4.8(c) The provisions of 6.4.8 will not apply where an agreement has been reached pursuant to 6.1.2(d)(i), 6.1.3(e)(i) or 5.4 of Appendix F - Country newspapers, to introduce a seven day shift or night operation.

6.4.9 Time off in lieu of payment for overtime

6.4.9(a) Despite 6.4.2 and 6.4.3 an employee may choose, with the consent of the employer, to take time off instead of payment for overtime at a time or times agreed by the employer. This agreement must be in writing. The employee must take the time off within four weeks of working the overtime. This agreement is subject to Level 1 Facilitation.

6.4.9(b) If an employee takes time off instead of payment for overtime then the amount of time off during ordinary hours will be taken at ordinary time rate, that is an hour for each hour worked.

6.4.9(c) If requested by an employee, an employer must within one week of receiving a request pay the employee for any overtime worked. The employee must be paid at overtime rates.

6.4.10 Limitation of overtime

No employee under sixteen years of age will be employed on overtime. No employee under seventeen years of age will be employed on overtime in any event before 7.00 a.m. or later than 9.00 p.m. on any working day.

6.5 CALL BACK IN BOTH COMMERCIAL PRINTING OFFICES AND NEWSPAPER OFFICES

6.5.1 Call back applies when an employee is called back to perform work at a time when they would not ordinarily be at work and the employee has not been notified prior to last finishing work that they would be so called back.

6.5.2 Except as otherwise provided in 6.5.4 and 6.5.5, an employee called back will be paid one hour’s ordinary pay for such call back and, in addition, will be paid as provided in 6.5.3.

6.5.3 All time worked on a call back will be paid for at double ordinary hourly rates of pay with a minimum of three hours’ work or payment at such rate in lieu.

6.5.4 In the event of an employee receiving a call back and then, prior to commencing work, being informed by the employer that their services on such call are not required, the employee will, if they have:

6.5.4(a) left their place of residence, be paid as if they had in fact started work;

6.5.4(b) not left their place of residence, be paid one-hour’s ordinary pay.

6.5.5 The provisions of the subclause will not apply where notification is given after the employees’ last occurring working day immediately preceding a weekend or rostered period off greater than 48 hours that they are required to report for overtime work prior to their normal commencing time on the first working day after that weekend or rostered period off and such overtime work:

6.5.5(a) does not exceed 30 minutes; and

6.5.5(b) is continuous with the commencement of their ordinary working time.

6.5.6 In any case where an employee is brought in without notice because of another employee unexpectedly being absent from work, the provisions of this clause will not apply, but the employee so brought into work will be paid double time or double rate for the hours worked should such hours be outside ordinary working hours for that week.

6.6 STAND-BY FOR WORK IN BOTH COMMERCIAL PRINTING OFFICES AND NEWSPAPER OFFICES

6.6.1 A stand-by for work is that period of time when an employee is required by their employer to hold themselves in readiness to perform work outside of their ordinary working hours but is not required to be at their place of employment during that period of stand-by. Provided an employee and their employer make arrangements as to where the employee may be contacted by the employer and meet the employer’s request to report for work if necessary or be released from standing by for work, the employee’s movements during such period of stand-by will be unrestricted.

6.6.2 For all time an employee is required to stand-by for work they will be paid as follows:

6.6.2(a) Weekly employees at the rate of the full-time employee’s hourly day work rate as prescribed by this award; or

6.6.2(b) Casual employee, at the rate prescribed in 4.1.4(d)(iv) for day work.

6.6.3 An employee required to stand by for work at their place of employment will be paid as though they were working, i.e., if such stand by is during:

6.6.3(a) The ordinary hours of work, payment will be made at and be part of their ordinary wage; or

6.6.3(b) Overtime hours, the time will be reckoned as part of their period of overtime and payment will be made at the appropriate rate of pay as prescribed in clause 6.4 - Overtime in both commercial printing offices and newspaper offices, of this award.

6.7 REST PAUSE IN BOTH COMMERCIAL PRINTING OFFICES AND NEWSPAPER OFFICES

One rest pause of ten minutes will be allowed to employees without deduction of pay during each day/night/shift at a time which in the opinion of the foreman or other person in charge will best suit the exigencies of the work in progress. Reasonable facilities will be provided by the employer for the employee to have refreshments during such rest pauses if the employee so desires.

PART 7 - LEAVE AND LEAVE OF ABSENCE

7.1 ANNUAL LEAVE

7.1.1 Entitlement to annual leave

Employees other than casuals are entitled to four weeks paid annual leave for each completed period of twelve calendar months service. Year will include the period of leave.

7.1.2 Pay rates for annual leave

7.1.2(a) Each employee before going on leave will be paid their wages for the period of leave. The pay shall be at the rate prescribed by 5.1.1 for the occupation in which the employee was ordinarily employed immediately prior to the commencement of their leave, unless the employee was being paid a higher wage, when it will be that higher wage. A wage will not be so computed as to include overtime.

7.1.2(b) In addition each employee will be paid a loading of 17.5% calculated on the payment of the employee’s annual leave.

7.1.2(c) In addition to the ordinary pay for the period of leave an amount equaling the weekly average of all night work allowances paid to the employee in newspaper offices over the whole of the qualifying period for the employee’s annual leave will be added.

7.1.3 When annual leave can be taken

7.1.3(a) Annual leave will be given at a time fixed by the employer within a period not exceeding three months from the date when the right to leave accrued.

7.1.3(b) By agreement between the employer and an employee, annual leave may be taken at any time provided it is done within two years from the date when the right to leave accrued. This is subject to Level 1 facilitation.

7.1.3(c) The employer can require an employee to take annual leave by giving not less than four week’s notice of the time when such leave is to be taken.

7.1.3(d) Where an employee reaches agreement with the employer in accordance with 7.1.3(b) to delay the taking of leave and the terms of such agreement include agreement on a specific date when such leave will be taken, the employer will not breach the agreement through the application of 7.1.3(c).

7.1.4 How annual leave can be taken

7.1.4(a) Annual leave is to be given by the employer and taken by the employee in up to three separate periods.

7.1.4(b) If the employer and an employee so agree the annual leave entitlement may be given and taken in more than three separate periods including up to a maximum of four single days. However one period of annual leave must be at least fourteen consecutive days including non-working days. Where annual leave has been split by consent, an employer may choose to close the plant or section or sections for all or any of the periods.

7.1.5 Taking annual leave in advance of when it is due

The employer may, if they think fit, give at any time in advance the period of continuous leave on full pay, prospectively due.

7.1.6 Cashing out annual leave

Except in cases of termination of employment payment must not be made by an employer to an employee in lieu of the leave to which the employee is entitled under this clause.

7.1.7 Effect of public holidays falling within annual leave

Where any holiday for which the employee is entitled to payment under this award occurs during any period of leave taken by an employee under this subclause, the period of the leave will be increased by one day in respect of that holiday provided that the payment for such holiday will not be included in the calculation of the annual leave loading.

7.1.8 Payment for leave on termination of employment

7.1.8(a)(i) If an employee’s employment is terminated, the employer must pay the employee all annual leave entitlements owed.

7.1.8(a)(ii) Where periods of leave which have accrued do not equal one year’s entitlement, an employee will be paid the proportion of wages appropriate for four weeks annual leave (as prescribed in 7.1.1) which the period of employment bears to twelve calendar months less any public holidays occurring within the period on which the employee had not worked. No annual leave loading is due for periods of leave paid out for less than a year.

7.1.8(a)(iii) Subject to 7.1.8(a)(iv), where an employee’s employment has been for less than three calendar months, the employer will not be liable to make any payment to the employee.

7.1.8(a)(iv) Where an employee’s employment has been less than thirteen weeks at the time of termination the employee must receive a day’s pay for each public holiday worked within the period of employment unless a day’s leave in lieu has been given or the employee has been paid for the work.

7.1.8(b) Where leave has been taken in advance by an employee and the employee leaves or is discharged before completing the required twelve months continuous service, the employer will use the amount already paid to offset any sums which would otherwise be paid under 7.1.8(a). If the moneys already paid to the employee exceed whatever moneys would be payable under 7.1.8(a), the excess will be deducted from any remuneration payable to the employee on termination.

7.1.9 Calculation of the leave entitlement

7.1.9(a) Except for the following absences, any absences from work are not to be taken into account and will not count as time worked in calculating the leave entitlement:

· in a twelve months period the employee is entitled to have off up to 152 ordinary working hours because of sickness or accident and this will be counted as time worked (i.e. workers compensation leave, paid sick leave, paid carer’s leave).

· long service leave, annual leave, public holidays, paid bereavement leave, paid training leave and jury service taken by an employee will count as time worked

· any interruption or termination of the employment by the employer which has been made with the intention of avoiding obligations under this subclause.

7.1.9(b) Absences from work which do not count as time worked in calculating the leave entitlement but do not break continuity of service for the purpose of this award include:

· any absence with reasonable cause, proof of which will be upon the employee.

· any leave without pay taken with the agreement of the employer.

· parental leave.

7.1.9(c) Where a business is transmitted from one employer to another, as set out in 4.2.5(b), the period of continuous service that the employer had with the transmittor or any prior transmittor will be deemed to be service with the transmittee and taken into account when calculating annual leave. However an employee will not be entitled to leave or payment in lieu for any period in respect of which leave has been taken or paid for.

7.2 PERSONAL LEAVE

7.2.1 Amount of paid personal leave

7.2.1(a) Paid personal leave is available to a weekly employee when the employee is absent due to:

· personal illness or injury (sick leave);or

· for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support (carer’s leave); or

· because of bereavement on the death of an immediate family or household member (bereavement leave).

7.2.1(b) The amount of personal leave to which an employee is entitled depends on how long the employee has worked for the employer and accrues as follows:

Length of time worked for the employer Personal leave - hours

Less than 1 month 16 hours
1 month 22 hours 40 minutes
2 months 29 hours 20 minutes
3 months 36 hours
4 months 42 hours 40 minutes
5 months 49 hours 20 minutes
6 months to less than 12 months 56 hours
More than 12 months 80 hours

7.2.2 Accumulation of personal leave

7.2.2(a) First year of employment

At the end of the first year of employment, unused personal leave accrues by the lesser of:

7.2.2(a)(i) 40 hours less the number of hours of sick leave and carer’s leave taken during the year; or

7.2.2(a)(ii) the balance of the year’s unused personal leave.

7.2.2(b) Second and subsequent years of employment

At the end of the second and subsequent years of employment, unused personal leave accrues by the lesser of:

7.2.2(b)(i) 64 hours less the number of hours of sick leave and carer’s leave taken during the year; or

7.2.2(b)(ii) the balance of the year’s unused personal leave.

7.2.3 Definitions

7.2.3(a) Immediate family includes:

7.2.3(a)(i) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as the employee’s husband or wife on a bona fide domestic basis; and

7.2.3(a)(ii) child or an adult child (including an adopted child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

7.2.3(b) Accumulated personal leave is personal leave accumulated under 7.2.2(a) and 7.2.2(b).

7.2.4 Sick leave

7.2.4(a) Entitlement

7.2.4(a)(i) The amount of personal leave an employee may take as sick leave depends on how long the employee has worked for the employer and accrues as follows:

Length of time worked for the employer Rate of accrual of paid sick leave (hours)
Less than 1 month 0
1 month 6 hours 40 minutes
2 months 13 hours 20 minutes
3 months 20 hours
4 months 26 hours 40 minutes
5 months 33 hours 20 minutes
6 months 40 hours
Each year thereafter 64 hours

7.2.4(a)(ii) After the first six months of service, an employee may apply to be paid for any sick leave to which the employee was not entitled, due to insufficient service, up to a maximum of 40 hours.

7.2.4(a)(iii) Accumulated personal leave may be used as sick leave if the current sick leave entitlement is exhausted.

7.2.4(b) Employee must give notice

7.2.4(b)(i) An employee must give, as soon as reasonably practicable and before the employee’s ordinary hours of the first day night or shift of such absence, inform the employer of the employee’s inability to attend for duty and state the nature of the injury or illness and the estimated duration of the absence.

7.2.4(b)(ii) If it is not practicable for the employee to give prior notice of absence during the ordinary hours of the first day night or shift of such absence, the employee must inform the employer within 24 hours of such absence.

7.2.4(c) Evidence supporting claim

The employee must, if required by the employer, establish to the satisfaction of the employer, by production of a medical certificate or statutory declaration that the employee was unable to work because of injury or personal illness.

7.2.4(d) Effect of workers’ compensation

If an employee is receiving workers’ compensation payments, the employee is not entitled to sick leave.

7.2.4(e) Limitation on single day absences

7.2.4(e)(i) An employee who has already had two paid single day sick leave absences in the year, is not entitled to further paid single day sick leave absences in that year, without production to the employer of a medical certificate which states that the employee was unable to attend for duty on account of personal injury or illness.

7.2.4(e)(ii) An employer may agree to accept a Statutory Declaration instead of a medical certificate

7.2.4(e)(iii) Nothing in this subparagraph limits the employer’s rights under 7.2.4(c).

7.2.5 Bereavement leave

7.2.5(a) Paid leave entitlement

7.2.5(a)(i) Death in Australia

A full-time weekly employee is entitled to use up to sixteen hours personal leave as bereavement leave on each occasion, and on production of satisfactory evidence (if required by the employer) on the death in Australia of a member of the employee’s immediate family or household.

7.2.5(a)(ii) Death outside Australia

A full-time weekly employee is entitled to use up to sixteen hours personal leave as bereavement leave on each occasion, and on production of satisfactory evidence (if required by the employer) of the death outside Australia of a member of the employee’s immediate family or household where the employee travels outside Australia to attend the funeral.

7.2.5(b) Part-time employees

A part-time weekly employee is entitled to take two days, up to a maximum of sixteen hours bereavement leave on the same basis prescribed for full-time employees in 7.2.5(a) except that leave is only available where the part-time employee would normally work on either or both of the two working days following the death.

7.2.5(c) Unpaid leave entitlement

Where a full-time weekly employee has exhausted all personal leave entitlements, including accumulated entitlements, the employee is entitled to unpaid bereavement leave. The employer and employee should agree on the length of the unpaid leave. In the absence of agreement, a full-time employee is entitled to take up to two days unpaid leave, provided the requirements of 7.2.5(a) are met, and a part-time weekly employee is entitled to take up to two days unpaid leave, to a maximum of sixteen hours, provided the requirements of 7.2.5(b) are met.

7.2.6 Carer’s leave

7.2.6(a) Paid leave entitlement

A full-time weekly employee is entitled to use up to 40 hours personal leave each year to care for members of the employee’s immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer’s leave where another person has taken leave to care for the same person.

7.2.6(b) Notice required

[7.2.6(b)(i) corrected by PR927121 ppc 01Nov02]

7.2.6(b)(i) Before taking carer’s leave, an employee must as soon as reasonably practicable and before the employee’s ordinary hours of the first day, night or shift of such absence, inform the employer of the employee’s inability to attend for duty.

7.2.6(b)(ii) If it is not reasonably practicable to inform the employer before the ordinary hours of the first day night or shift of such absence, the employee will inform the employer within 24 hours of such absence.


7.2.6(b)(iii) The employer must be informed of:

· the name of the person requiring care and support and their relationship to the employee;
· the reasons for taking such leave; and
· the estimated length of absence.

7.2.6(c) Evidence supporting claim

The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.

7.2.6(d) Unpaid leave

An employee may take unpaid carer’s leave by agreement with the employer.

7.3 PARENTAL LEAVE

The provisions of this clause apply to full-time or regular part-time employees, but do not apply to casual employees. Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

7.3.1 Definitions

7.3.1(a) For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where child means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

7.3.1(b) Subject to 7.3.1(c), spouse includes a de facto or former spouse.

7.3.1(c) In relation to 7.3.5, spouse includes a de facto spouse but does not include a former spouse.

7.3.2 Basic entitlement

7.3.2(a) After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

7.3.2(b) Subject to 7.3.3(f),parental leave is to be available to only one parent at a time, except that both parents may simultaneously take:

7.3.2(b)(i) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

7.3.2(b)(ii) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

7.3.3 Maternity Leave

7.3.3(a) An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

7.3.3(a)(i) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;

7.3.3(a)(ii) of the date on which she proposes to commence maternity leave, and the period of leave to be taken - at least four weeks.

7.3.3(b) When the employee gives notice under 7.3.3(a)(i) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by the employee’s spouse and that for the period of maternity leave the employee will not engage in any conduct inconsistent with her contract of employment.

7.3.3(c) An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

7.3.3(d) Subject to 7.3.3(a) and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of the birth.

7.3.3(e) Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

7.3.3(f) Special maternity leave

7.3.3(f)(i) Where the pregnancy of an employee not then on maternity leave, terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

7.3.3(f)(ii) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which the employee is entitled in lieu of, or in addition to, special maternity leave.

7.3.3(f)(iii) Where an employee not then on maternity leave suffers illness related to her pregnancy, the employee may take any paid sick leave to which the employee is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before the employee’s return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

7.3.3(g) Where leave is granted under 7.3.3(d), during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

7.3.4 Paternity leave

An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave:

7.3.4(a) a certificate from a registered medical practitioner which names the employee’s spouse, states that the employee’s spouse is pregnant and the expected dated of confinement, or states the date on which the birth took place; and

7.3.4(b) written notification of the dates on which the employee proposes to start and finish the period of paternity leave; and

7.3.4(c) a statutory declaration stating:

7.3.4(c)(i) the employee will take that period of paternity leave to become the primary care-giver of a child;

7.3.4(c)(ii) particulars of any period of maternity leave sought or taken by the employee’s spouse; and

7.3.4(c)(iii) that for the period of paternity leave the employee will not engage in any conduct inconsistent with the employee’s contract of employment.

7.3.4(d) The employee will not be in breach of 7.3.4(b) if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

7.3.5 Adoption leave

7.3.5(a) The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

7.3.5(b) Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

7.3.5(b)(i) the employee is seeking adoption leave to become the primary care-giver of the child;

7.3.5(b)(ii) particulars of any period of adoption leave sought or taken by the employee’s spouse; and

7.3.5(b)(iii) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

7.3.5(c) An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

7.3.5(d) Where the placement of child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

7.3.5(e) An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of the adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

7.3.5(f) An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

7.3.6 Variation of period of parental leave

Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.

7.3.7 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access other paid leave entitlements which they have accrued, such as annual leave or long service leave, subject to the total amount of leave not exceeding 52 weeks.

7.3.8 Transfer to a safe job

7.3.8(a) Where an employee is pregnant and, 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 will, 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 maternity leave.

7.3.8(b) If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee, to commence parental leave for such period as is certified necessary by a registered medical practitioner.

7.3.9 Returning to work after a period of parental leave

7.3.9(a) An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

7.3.9(b) An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 7.3.8, the employee will be entitled to return to the position they held immediately before such transfer.

7.3.9(c) Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

7.3.10 Replacement employees

7.3.10(a) A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

7.3.10(b) Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

7.4 PUBLIC HOLIDAY ENTITLEMENT

7.4.1 Holiday Entitlement

Weekly employees will be entitled to holidays on the following days:

7.4.1(a) New Year’s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and

7.4.1(b) The following days, as prescribed in the relevant States, Territories and localities: Australia Day, Anzac Day, Queen’s Birthday and Eight Hours’ Day or Labour Day; and

7.4.1(c) An additional day on the following basis:

7.4.1(c)(i) In New South Wales Union Picnic Day, the Tuesday immediately following Easter Monday (Easter Tuesday);

7.4.1(c)(ii) In Tasmania, either the day on which Regatta Day is observed or the first Monday in November;

7.4.1(c)(iii) In South Australia the day on which Adelaide Cup Day is observed; and

7.4.1(c)(iv) In Victoria the day on which Melbourne Cup Day is observed.

7.4.2 Substitute days

Substitute days may also be taken in lieu of public holidays listed in this clause, where the Commonwealth, State or Territory or locality provides for this day and it is proclaimed or gazetted. Where substitute days are provided, the day on which the holiday would have fallen will not be deemed to be a public holiday.

7.4.2(a) When Christmas Day is a Saturday or Sunday, a holiday in lieu will be observed on 27 December.

7.4.2(b) When Boxing Day is a Saturday or Sunday, a holiday in lieu will be observed on 28 December.

7.4.2(c) When New Year’s Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof will be observed on the next Monday.

7.4.2(d) In the State of South Australia the day observed as Proclamation Day will be substituted for Boxing Day.

7.4.3 Substitution of public holidays at the workplace

An employer and an employee may substitute another day for any prescribed in this clause. This is subject to Level 1 Facilitation.

7.4.4 Additional holidays

Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out above, those days will constitute additional holidays for the purposes of this award.

7.4.5 Public holiday and termination of employment

An employer must not terminate the employment of an employee for the purpose of evading payment for the holidays prescribed by this award.

7.4.6 Payment for public holidays

The wage payable under this clause to a weekly employee when that employee is absent from work on a public holiday an ordinary working day will be the ordinary wage the employee would have received on that day had that day not been a public holiday.

7.4.7 Work on a public holiday

7.4.7(a) A weekly employee in a commercial printing office who has been notified that they will be required to work on a public holiday or a substitute public holiday which occurs in accordance with 7.4.3 and reports for work and is ready willing and able to perform the work for which they have been notified, will be provided with at least four hours work or at least four hours pay at the rate prescribed by this subclause.

7.4.7(b) A weekly employee in a commercial printing office will be paid at the rate of double time for all work done on a public holiday.

7.4.8 Rostered day off falling on a public holiday

7.4.8(a) Except as provided for in 7.4.8(b), where a full-time employee’s ordinary hours of work are structured to include a day off and such day off falls on a public holiday, the employee is entitled to, either:

· 7 hours and 36 minutes pay at ordinary rates; or
· 7 hours and 36 minutes to be taken off with a period of annual leave; or
· a substitute day off on an alternative weekday within three months of the public holiday.

This will not apply where the rostered day off falls on a Saturday or Sunday.

7.4.8(b)(i) Where an employee has credited time accumulated, then such credited time should not be taken as a day off on a public holiday.

7.4.8(b)(ii) If an employee is rostered to take credited time as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer will allow the employee to take time off on an alternative day.

7.4.8(b)(iii) Subparagraphs 7.4.8(b)(i) and 7.4.8(b)(ii) above will not apply in relation to days off which are specified in an employee’s regular roster or pattern of hours. Paragraph 7.4.8(a) will apply in such circumstances.

7.4.8(c) Credited time in this subclause is the time each day which an employee works ordinary hours in excess of the daily average.

APPENDIX A - AWARD RESPONDENTS

Employer Respondents

APPENDIX B - WORKERS COMPENSATION MAKE-UP PAY

1. AREA OF OPERATION

This appendix will only apply in New South Wales and Victoria.

2. DEFINITIONS

For the purpose of this appendix the following definitions apply:

2.1 Act means:

2.1.1 In New South Wales, the Workers’ Compensation Act 1987 (as amended).

2.1.2 in Victoria, the Workers’ Compensation Act 1958 (as amended) and for all injuries occurring on or after 4.00 p.m., 31 August 1985, the Accident Compensation Act 1985 (as amended).

2.2 Injury means an “injury” under the Act (including but without limitation in New South Wales an injury received during daily or periodic journeys as defined by Section 15 of the Act) and no injury will result in the application of this appendix unless an entitlement exists under the Act or its predecessors.

2.3 Suitable employment means employment with the employer who employed the employee at the time of the injury which is suitable as agreed between the parties or by a legally qualified medical practitioner provided by and paid for by the employer (or paid for by the relevant workers compensation insurer or authority).

2.4 Injury of gradual onset means:

2.4.1 In New South Wales an injury with in the meaning of Section 15 of the Act.

2.4.2 In Victoria an injury within the meaning of subsection (a) and (b) of Section 3(1) of the definition of injury contained in the Workers Compensation Act 1958 or in Section 5(1) of the Accident Compensation Act 1985.

3. ACCIDENT MAKE-UP PAY

Where a employee (other than a casual employee) is incapacitated and in receipt of workers compensation payments and has been absent from work because of an injury as defined in the Act for a period of five days or more, the employee will receive accident make-up pay from the first day of the absence from work and continuing in accordance with clause 3 of this appendix. Accident Make-up pay is not payable in respect of an injury sustained in the first two weeks of employment and where the injury is one of gradual onset (unless the employee has been employed by the employer for period of three months at the commencement of the incapacity.)

3.1 Amount the employee receives when totally incapacitated

3.1.1 The employer must pay to the employee the difference per week between the employee’s pre-injury earnings and the amount of workers compensation under the Act received by the employee.

3.1.2 Pre-injury earnings do not include payments for overtime, shift or other allowances which are not usually payable to the employee when the employee is not working.

3.2 Amount the employee receives when partially incapacitated and performing suitable employment or working reduced hours

The employer must pay to the employee the difference between the employee’s average pre-injury earnings (as set out in cl.3.1) and the amount of workers’ compensation paid to the employee under the Act plus any amount earned by the employee from such suitable employment or from working those reduced hours.

4. PERIOD OF PAYMENT FOR ACCIDENT MAKE-UP PAY

The employee may receive accident make-up pay for a total or aggregate period of 26 weeks during which the employee is incapacitated from any one injury unless:

4.1 the employee dies or is no longer incapacitated;

4.2 the employer becomes insolvent or goes into liquidation;

4.3 the employee’s employment is terminated or ceases provided that no employee will be terminated for the sole purpose of avoiding payment of accident pay;

4.4 an employee is absent on other paid leave (whether annual or long service leave or public holiday leave);

4.5 the employee is absent from work due to a strike or other interruption of work in the section or sections of the plant in which the employee is normally employed;

4.6 the employee refuses or fails to commence or perform suitable employment offered by the employer.

5. MEDICAL EXAMINATION

In order to receive entitlement to accident make-up pay an employee shall conform to the requirements of the Act as to medical examination. Where, in accordance with the Act a medical referee gives a certificate as to the condition of the employee and fitness for work or specifies work for which the employee is fit and such work is made available by the employer and refused by the employee or the employee fails to commence the work, accident make-up pay shall cease from the date of such refusal or failure to commence the work.

6. DUTY TO DECLARE PREVIOUS CLAIMS

An employee on engagement may be required to declare all workers’ compensation claims or accident compensation claims made in the previous five years but only to the extent that such claims are relevant to the duties performed by the employee. If false or inaccurate information is deliberately or knowingly declared, the employee will forfeit their entitlement to accident pay under this appendix.

APPENDIX C - PROTECTIVE CLOTHING

In accordance with 5.2.7 of this award reimbursement is for the following protective clothing:

1. Table

Employee’s classification Overalls or aprons Boots or shoes

Pasting machine employee including an employee pasting corrugated and/or fibreboard Overalls annually or as necessary from time to time Boots or shoes annually or as necessary from time to time
Each employee on a rotary print press 2 dustcoats or 2 pairs of overalls per annum
Weekly time work publishing employee 2 dustcoats or 2 pairs of overalls per annum

2. Gloves for an employee whose work entails the use of solutions or acids which may injure their hands or any part of their body.

APPENDIX D - BROADBANDED CLASSIFICATION STRUCTURE

The interim classification structure relates to an adult employee performing the description of employment set out in the second column whose occupational group level is in the first column.

PART 1 - PRINTING INDUSTRY SECTION

1st column 2nd column
Group level Description of employment

5 Compositor

5 Graphic reproducer

5 Printing machinist

5 Proof reader and/or revisor

4 Proof reader and/or revisor (metal)

2 Proof reader’s assistant

5(a) Working mechanic of a composing machine if in charge

3(b) Other working mechanics

4 Electrotyper (metal)

5 Stereotyper (metal)

5 Photo-engraver (metal)

2 Assistant to a printing machinist

4 Employee employed in or in connection with screen printing

4 Artist and/or designer (includes commercial artist)

2 Stone and/or plate preparer

2 Ink grinder and/or varnisher

5 Binder and finisher

2 Where an employee employed in any class for which a rate is prescribed by item 5 hereof does edge-staining, broad-cutting, beveling, blind blocking and/or cutting material he is to be paid the above prescribed rate, but where an employee other than a leather cutter is employed solely on the last mentioned classes of work

1st column 2nd column
Group level Description of employment

2 Employee employed on any one or more of the following operations: Folding, paging, numbering, perforating, gathering, collating, interleaving, tipping-in and tipping-on (but not joining sheets for accounts books), wire stapling, edge staining (except the staining or otherwise colouring of the edges of cards and the edges of books other than those books which are quarter bound cut flush with turned-in paper sides or are cut flush and not turned-in)

4 Embossing machinist, i.e., an employee working a power-operated self-inking embossing machine

2 Embosser

4 Map and plan mounter and/or varnisher

3 Envelope angle cutter

2 Envelope cutter

2 Tag machinist

2 Tag machinist slitter

2 Cutter of playing cards

3 Fork-lift truck driver

4 Employee in charge of envelope making machine or machines, whether working under a foreman or otherwise

2 Persons employed in the manufacture of stationery and/or paper products on machines not specified in this table and which are not used in the trades referred to in 5.1.3(c)(ii)

2 Publishing employee

2 Cleaner of composing machine

2 Galley puller

2 Feeder on any kind of machine

2 Storeman, packer and/or despatcher

1 Employee not otherwise specified

An employee in charge of or who supervises, directs or is responsible for the work of:

1st column 2nd column
Group level Description of employment

2(a) Up to 8 employees
2(b) From 9 to 15 employees (both inclusive)
3(c) Over 15 employees

PART 2 - CARDBOARD, BOX CONTAINER AND CARTON MAKING

2 Guillotine machine operator

3 Carton cutting and creasing form setter

2 Skilled hand (“skilled hand” means an adult employee whose duty it is to set for other employees the machines in the cardboard box department, container department and /or in the carton department.

2 Combination tube and shell machinist

2 Employee operating international tube and shell machine

2 Laube box-making machinist

2 Molins single cell creasing and gluing machinist

2 Employee operating automatic carton gluing machine

2 Employee operating scoring and double-folding automatic tube gluing machine

2 Twin or single die-scoring, cutting and printing slide machinist

2 Carton cylinder press machinist

2 Employee operating carton platten press when the machine is capable of taking a sheet 760 millimetres by 1020 millimetres (30 inches by 40 inches) in size

2 Employee operating carton platten press, when the machine is not capable of taking a sheet 760 millimetres (30 inches by 40 inches) in size

2 Two-way or double cutter and scorer machinist

2 One-way rotary cutter and scorer machinist

2 Gang slitting machinist

2 Mounting machinist

2 Cylindrical tube winding machinist

1st column 2nd column
Group level Description of employment

2 Cylindrical tube cutting machinist

2 Employee on hand work making and/or covering boxes, containers, shelf stock or fixture receptacles out of wood, cardboard, pasteboard, strawboard, manilla paper or two or more of such material in combination or with any similar material when covered with paper or when covered with cloth (cloth includes buckram, plush, silk or similar materials)

2 Assistant to machinist on any machine in this section

2 Employee working any other kind of machine

2 Storeman

2 Packer and/or despatcher

2 Feeder on carton cylinder machine

1 Employee not otherwise specified

PART 3 - CORRUGATED AND SOLID FIBREBOARD CONTAINER MAKING

1st column 2nd column
Group level Description of employment

Employee on a corrugator:

2 (a) Single facer machinist

2 (b) Double back glue station machinist

3 (c) In charge of slitter, scorer and cut-off unit

2 (d) Assistant on slitter, scorer and cut-off unit (when an assistant is needed)

2 (e) Any other employee on that machine

(f) When an employee who is engaged on the work of classification Group Level 2 or 3 hereof is required to act as the coordinator on a corrugator, the employee must be paid 3.25%per week (calculated to the nearest ten cents) of the wage provided in classification Group Level 3 in addition to the wage prescribed for the employee’s classification. Such additional amount will be part of the employee’s ordinary wage for all purposes of the award.

1st column 2nd column
Group level Description of employment

Employee on a corrugator making double-faced corrugated board in one pass (one single-facer tight web machine driven by a single main drive motor)

3 (a) Machinist
2 (b) Assistant machinist
2 (c) Any other employee on that machine

Employee on a single-faced corrugated board slitter and/or scorer and/or rewinder and/or chopping machine when such machine is not used in line with a single-face corrugator:

2 (a) Machinist
2 (b) Any other employee on that machine

Employee on a solid fibreboard pasting machine:

2 (a) Machinist
2 (b) Assistant machinist
2 (c) Any other employee on that machine

2 Employee operating an adhesive mixing unit including storage and circulating systems

Employee on a printer-slotter:

2 (a) Machinist
2 (b) Assistant machinist
2 (c) Any other employee on that machine

Employee on a printer-slotter with inline folder gluer and/or folder-taper and/or die cutter:

3 (a) Machinist
2 (b) Assistant machinist
2 (c) Any other employee on that machine

Employee on slitting and/or slotting and/or bending and/or scoring rotary machine which may include a printing attachment:

2 (a) Machinist
2 (b) Any other employee on that machine

2 Employee away from the printing machine positioning and mounting printing plates on backing sheets including grinding

Employee on a slitting and/or scoring and/or slit scorning machine

1st column 2nd column
Group level Description of employment

2 (a) Machinist
2 (b) Any other employee on that machine

Employee on a flap cutting machine:

2 (a) Machinist
2 (b) Any other employee on that machine

Employee on a slotting and/or punching and/or chopping and/or bending machine (non-rotary):

2 (a) Machinist
2 (b) Any other employee on that machine

Employee on a wire stitching machine and/or taping machine and/or gluing machine:

2 (a) Machinist
2 (b) Any other employee on that machine

Employee on a folder-gluer and/or folder-taper which may slot, score or slit:

2 (a) Machinist
2 (b) Assistant machinist (where the machine slots, scores and/or slits)
2 (c) Any other employee on that machine

2 Employee on a platten die-cutting machine

Employee on a rotary and/or cylinder flat bed and/or auto-platten die-cutting machine:

2 (a) Machinist
2 (b) Assistant machinist
2 (c) Any other employee on that machine

2 Machine setter, that is, an adult employee, not being a machinist or an operator, whose duty it is to set up machines for the employees covered by classification Group Level 2

Board sawyer engaged in connection with corrugated and/or solid fibre-board:

2 (a) Operator
2 (b) Any other employees on that machine

Employee on a partition slotting and/or pad chopping and/or liner making machine:

1st column 2nd column
Group level Description of employment

2 (a) Machinist
2 (b) Any other employee on that machine

Employee on a manually fed partition assembling machine:

2 (a) Machinist
2 (b) Any other employee on that machine

2 Employee assembling partitions by hand

2 Employee engaged in hand work including gluing out and/or making up built-up pads and/or fitments and/or labelling and/or affixing preprinted sheets to corrugated and/or solid fibreboard and/or inserting ties, tags, pulls and/or similar work

Employee on a roller coating or curtain coating or dipping machine:

2 (a) Machinist
2 (b) Any other employee on that machine

Employee on a press seal adhesive applicating machine:

2 (a) Machinist
2 (b) Any other employee on that machine

Employee on a reel and/or sheet fed laminating machine used in connection with corrugated and/or solid fibreboard:

2 (a) Machinist
2 (b) Any other employee on that machine

4 Artist and/or designer

4 Employee engaged in moulding rubber printing plates including grinding and mounting

3 Employee cutting rubber printing plates and/or transferring or rubbing down prepared art work to laminated rubber and including grinding

3 Employee engaged in sample making including structural designing

2 Employee on a sample making machine and/or making samples with hand tools but not designing

3 Employee engaged in making cutting dies (flat or curved)

2 Employee engaged in hand stripping away from the machine

1st column 2nd column
Group level Description of employment

2 Employee on a stripping machine when such machine is not in line with a die-cutting machine
Employee on a palletiser and/or unitiser and/or tying machine when such machine is not in line with other equipment:

2 (a) Operator
2 (b) Any other employee on that machine

2 Employee away from the production machine or production operation engaged in manually tying bundles manually baling

2 Employee counting and/or bundling and/or boxing and/or wrapping either by hand or machine not being in line with other equipment

Store employees:

2 (a) Storeman
2 (b) Any other employee in the store

Despatch employees:

2 (a) Despatcher
2 (b) Any other employee in the despatch area

3 Employee operating a fork-lift and/or grab truck and/or similar powered vehicle

Power press baler:

2 (a) Operator
2 (b) Any other employee on that machine

Employee working any other kind of machine:

2 (a) Machinist
2 (b) Any other employee on that machine

1 Employee not otherwise specified

PART 4 - PAPER AND/OR CELLOPHANE BAG MAKING

1st column 2nd column
Group level Description of employment

2 Guillotine machine operator

1st column 2nd column
Group level Description of employment

2 Paper and/or cellophane bag machinist

3 Paper and/or cellophane bag machinist where machine has printing attachment

2 Paper and/or cellophane hand-made bag maker

2 Employee assisting in the making of paper and/or cellophane bags

2 Employee working a paste-making machine

2 Storeman

2 Packer and/or despatcher

1 Employee not otherwise specified

An employee in charge of or who supervises, directs or is responsible for the work of:

2 (a) Up to 8 employees
2 (b) From 9 to 15 employees (both inclusive)
3 (c) Over 15 employees

Generally

The work prescribed in this appendix wherever done on an employer’s premises must be paid for at the rates prescribed herein.


APPENDIX E - INTERIM CLASSIFICATION STRUCTURE INTERIM CLASSIFCATION DEFINITIONS AND INDICATIVE TASKS (PRINTING)

1. The following classification definitions and indicative tasks represent a 12 level interim classification structure of core industry skills across all sections of the award and indicative tasks for Part 1 Printing Industry Section. The interim classification structure will be subject to further applications and amendments regarding:

Sector specific indicative tasks for Parts 2 - 9 of the award:

1.1.1 The fine tuning of the definitions;

1.1.2 Incorporation of appropriate training requirements;

1.1.3 If established through further investigation, the expansion of the classification structure through additional classifications; and

1.1.4 Other classifications

No wage increase will flow from the insertion of the interim classification structure until such time as further applications are made to the Australian Industrial Relations Commission regarding the above and an agreed translation process from the existing classification structure to the new structure is developed.

1.2 Level 1 Trainee Employee 78%

A new entrant into the industry undertaking between four and 38 hours introductory training to the industry and the enterprise.

Such introductory training for new employees shall include: Information on the broad industry, conditions of employment, welfare facilities, introduction to supervisors and other employees, career paths and opportunities, training options, features of the enterprise, basic occupational health and safety procedures, plant layout and workshop procedures, quality assurance concepts, union organisation, administration procedures, equal employment and information contained in the National Printing Industry Training Committee (NPITC) guide to induction training.

This is an introductory level where the employee performs tasks to the level of training undertaken and is performing tasks requiring minimum skills.

This is a basic introductory level trainee, assuming no work experience at a higher level. This does not restrict or limit the employment of new employees at a higher level should they be accepted as possessing experience or skills appropriate to a higher level.

On completion of the required introductory training, the employee shall be reclassified at Level 2.

An employee at this level:

· Performs elementary routine duties of a repetitive nature;
· Works under direct supervision;
· Is aware of the tasks required at Level 2;
· Observes safe work practices;
· Undergoes literacy and numeracy training (if required) to perform tasks functionally; or
· Is undertaking training so as to enable them to work at Level 2.

1.3 Level 2 Employee 82%

In addition to possessing the skills of a Level 1 Employee, an employee at this level will have completed structured training at Level 1 or will be assessed as possessing comparable additional knowledge and skill standards as ratified by the National Training Board and exercise judgement and skills higher than at Level 1.

Employees, subject to agreement at enterprise level, are to undertake training for the wider range of duties and for access to higher classifications. It is agreed not to create barriers to advancement of employees through access to proper competency based training and the advancement of employees through the structure.

An employee at this level:

· Has an orientation to machinery and equipment;
· Assists with make ready of basic machines;
· Operates materials handling equipment;
· Undertakes housekeeping and routine maintenance cleaning;
· Has a basic knowledge of computer-controlled system as it relates to their work;
· Understands and applies occupational health and safety practices and existing procedures applying in their work at their level of training;
· Understands and applies existing work procedures applying in work area to their level of training;
· Is capable of following instructions;
· Understands quality standards of enterprise applying in their work area;
· Works under direct supervision to the level of training or skills held;
· Is a member of a work group/team. Understands operating guidelines of team;
· May assist in on-the-job training of others in their area by way of explanation and demonstration;
· In addition performs all tasks at Level 1 and undertakes duties incidental to oar peripheral to their work.

Indicative tasks at this level may include:

· Assist with make ready of basic machines;
· Repetition work on automatic, semi-automatic or single purpose machines or equipment;
· Repetitive work of a basic nature such as maintaining simple records and single purpose functions as in manual folding, perforating, stacking, inserting, paging;
· Housekeeping and routine maintenance checking;

1.4 Level 3 Employee 87.4%

An employee at this level will have completed structured training at Level 2 or will be assessed as possessing comparable additional knowledge and skill standards as ratified by the National Training Board and exercise judgement and skills higher than at Level 2.

Employees, subject to agreement at enterprise level, are to undertake training for the wider range of duties and for access to higher classifications. It is agreed not to create barriers to advancement of employees through access to proper competency based training and the advancement of employees through the structure.

An employee at this level:

· Will be capable of following written or verbal instructions;
· Requires a broad knowledge of the enterprise’s production processes and products and the administrative and organisation procedures as they relate to their work area;
· Has an awareness of different sections within the industry;
· Has knowledge of computer-controlled system as it relates to their work area;
· Understands and applies existing work procedures applying in their area;
· Performs housekeeping functions within immediate area. This may include lubricating equipment under direction;
· Assists in forward planning materials and equipment for next job;
· Identifies quality variations;
· Recognises when problem arises and refers appropriately in own work area;
· Is a member of a work group/team. Understands operating guidelines of team;
· Work prescribed on a task basis through written and verbal instructions and continuous presence of skilled operative;
· Works under direct supervision;
· Assists in the on-the-job training of others up to this level by way of explanation and demonstration in conjunction with skilled operators and supervisor;
· In addition performs all tasks at Level 1 and 2 and undertakes duties incidental or peripheral to main work area.

Indicative tasks as this level may include:

· Routine setting, adjustment and operation of basic similar pieces of equipment such as plastic laminating machine;
· Assist with basic duties on a printing machine under direct supervision by cleaning, washing up of ink ducts, blankets and impression cylinders, stacking and removing delivery, stack on sheet fed press;
· Application of OH&S practices and environmental protection procedures;
· Operates computer controlled system using basic keyboard skills as it relates to their work area;
· Operation of non-licensed materials handling equipment;
· Matching of product against quality standards within own work area;
· Operate an envelope cutter and/or dye cutter, marking and laying out;

· Storing and packing of goods and materials in accordance with appropriate procedures and/or regulations, preparation and receipt of appropriate documentation, allocating and retrieving goods from specific warehouse areas, basic VDU operation, periodic housekeeping and stock checks;
· Assist in the on-the-job training of others up to this level in conjunction with skilled operators and supervisor.

1.5 Level 4 Employee 92.4%

An employee at this level will have completed structured training at Level 3 or be assessed as possessing comparable additional knowledge and skill standards as ratified by the National Training Board and exercise judgement and skills higher than at Level 3.

Employees, subject to agreement at enterprise level, are to undertake training for the wider range of duties and for access to higher classifications. It is agreed not to create barriers to advancement of employees through access to proper competency based training and the advancement of employees through the structure.

An employee at this level:

· Works to written instruction and is capable of issuing verbal instructions;
· Forward plans materials and equipment required for next job;
· Identifies quality variation by matching product against quality standard within own work area;
· Has an understand of routine and preventative maintenance procedures and applies them in their work;
· Participates in and contributes to work group/team decision making, problem solving and team operation;
· Understands the enterprise’s production processes and products and the administrative and organisational procedures as they relate to the immediate work area;
· Awareness of relationships between different areas (pre-press, press, post-press). General knowledge of major industry product groups;
· Limited discretion work is prescribed on a day to day basis through written or verbal instruction or presence of a skilled operative;
· Works under routine supervision;
· In addition, performs work at levels 1, 2 and 3 and assists in areas peripheral to their main work area.

Indicative tasks at this level may include:

· Machine setting, adjustment and operation on a variety of equipment;
· Applies OH&S practices, environmental protection procedures;
· Assists in on-the-job training of others up to this level in conjunction with skilled adults and supervisors;
· Lubrication of production machinery equipment;
· Inventory and store/warehouse control including licensed operation of all appropriate materials handling equipment; use of tools and equipment within the warehouse, basic non-trades maintenance; VDU operation;

· Operates computer controlled system using intermediate keyboard skills as it relates to their work area;
· Maintain established paper based fling/records system in accordance with set procedures including creating and indexing new files, distributing files within organisation as requested, monitoring file locations.

1.6 Level 5 Employee 100%

An employee at this level will have completed structured training at Level 4 or be assessed as possessing comparable additional knowledge and skill standards as ratified by the National Training Board, or has completed an apprenticeship in the pre-press, press or post-press stream and exercises judgement and skills higher than at Level 4.

Employees, subject to agreement at enterprise level, are to undertake training for the wider range of duties and for access to higher classifications. It is agreed not to create barriers to advancement of employees through access to proper competency based training and the advancement of employees through the structure.

While still being engaged in production, an employee at this level:

· Has general knowledge of major industry processes and product groups;
· Works to written instruction and is capable of working to and issuing verbal instructions;
· Understands and applies occupational health and safety and safe working practices and environmental protection in their own work area;
· Has a general knowledge of the enterprise’s personnel policies and the impact on their general area of employment;
· Understands the enterprise’s production process and products and administrative and organisational procedures as they relate to the work area;
· Provides informal on-the-job training to the level of their training and skill’
· Identifies quality variations of products and/or materials in the production process for conformity with established production standards; makes adjustments to maintain quality standards;
· Has a working knowledge of the routine and preventative maintenance procedures;
· Solves straight forward problems based on set procedures or factual information;
· Operates a computer-controlled system as an integral aspect of work to their level of training and accredited skill;
· Works under minimal supervision;
· Limited discretion work is guided by general work processes and procedures;
· Is responsible for the work of others under their supervision;
· Is a member of a work group/team and understands operating guidelines of the team;
· In addition, performs work at levels 1,2,3 and 4 and all work incidental and peripheral to the above.

Indicative tasks at this level may include:

· Sets, adjusts and operates a range of equipment in one of either pre-press, press or post-press areas;

· Sound knowledge of employer’s operations as they relate to the production process;
· Understands and applies computer techniques as they relate to production process operations;
· Makes adjustments to maintain quality standards;
· Forward plans material and equipment for next job;
· Undertakes maintenance to the level of their training and accredited skill including lubrication, elementary diagnosis of faults, routine adjustments and reporting on worn or damaged parts;
· High level stores and inventory responsibility beyond the requirements of an employee at Level 4;
· Format complex documents including technical data, technical language, tables, graphics, design variable type face, produce documents requiring specific form or to comply with regulations or standards;
· Undertakes basic art and design to their level of training and accredited skill.

1.7 Level 6 Employee 105%

An employee at this level has completed an apprenticeship and the technical qualification in one of either the pre-press, press or post-press stream and exercises judgement and skills higher than at Level 5.

Employees, subject to agreement at enterprise level, are to undertake training for the wider range of duties and for access to higher classifications. It is agreed not to create barriers to advancement of employees through access to proper competency based training and the advancement of employees through the structure.

An employee at this level:

· May have general knowledge of process/procedures of other areas impacting on their own;
· General knowledge of major industry processes and product groups;
· Has a general knowledge of the enterprise’s personnel policies and the key features of awards and enterprise agreements and their impact on their area of responsibility;
· General knowledge of enterprise processes impacting on own area;
· Provides on-the job training to the level of their training and accredited skill;
· Knowledge of problem-solving techniques and procedures in own area;
· Identifies quality variation of products and/or material in the production process for conformity with established production standards, make adjustments to maintain quality standards;
· Limited discretion, work is guided by general work processes and procedures;
· Has a working knowledge of routine and preventive maintenance procedures. Undertakes maintenance procedures.
· Participates in, develops and implements appropriate occupational health, safety and environmental protection practices in their area of work;
· Participates in and contributes to work/group team decision making, problem solving and team operation;
· Is responsible for the work of others under their supervision;
· Works under minimal supervision;
· In addition, performs all work encompassed at Level 5 and all work incidental and peripheral to the above.

Indicative tasks at this level may include:

· Sets up and operates machines of a complex nature in one of either the pre-press, press or post-press area;
· Forward plans materials and equipment for next job;
· Makes adjustments to maintain quality standards;
· Provides trade guidance and assistance as part of work team;
· Operates a computer controlled system as an integral aspect of work to their level of training and accredited skill;
· Undertakes maintenance procedures to the level of their training and skill including lubrication, elementary diagnosis of faults, routine adjustments and assists with the replacement of parts and equipment;
· Apply knowledge of desk-top publishing to integrate complex documents;
· Maintain control registers including inventory control and be responsible for the preparation and reconciliation of regular reports and stock movement;
· Undertakes immediate art and design to their level of training and accredited skill.

1.8 Level 7 Employee 110%

An employee at this level has completed an apprenticeship and the technical qualification in one of either the pre-press, press or post-press stream and exercises judgement and skills higher than at Level 6.

Employees, subject to agreement at enterprise level, are to undertake training for the wider range of duties and for access to higher classifications. It is agreed not to create barriers to advancement of employees through access to proper competency based training and the advancement of employees through the structure.

An employee at this level:

· Has the skills and knowledge to set up and operate machines of a complex nature in one of either pre-press, press or post press areas. May have general knowledge of other functional areas impaction on their own;
· General knowledge of major industry processes and products groups;
· Thorough knowledge of enterprise’s processes and procedures impacting on own area;
· Has a general knowledge of key features of award/Enterprise Agreement and the enterprise’s personnel policies and an ability to implement them in their work area;
· Works under minimal supervision either individually or in a team and performs all tasks taught to the competency standard of their level of skill;
· Operates a computer controlled system as an integral aspect of work to their level of training and accredited skill;
· Undertakes routine and preventative maintenance to the level of their training and accredited skill;
· Participates in, develops and implements appropriate occupational health and safety and environmental protection practices in their area of work;
· Coordinates work in a team environment;

· Identifies quality variations of products and/or materials in the production process for conformity with established production standards. Contributes to diagnosis of quality variations and makes adjustments to maintain quality standards;
· Is responsible for the work of others under their supervision;
· In addition, performs all work encompassed at Level 6 and all work incidental and peripheral to the above.

Indicative tasks at this level may include:

· Sets up and operates machines of a complex nature in one of either the pre-press, press or post-press area;
· Provide trade guidance and assist as part of a work team;
· Assist in the provision of training in conjunction with supervisors and trainers;
· Remove and replace specific assemblies in immediate work area;
· Allocate tasks to team members in order to meet planned production requirement and is responsible for the work of others under their supervision;
· Evaluates usefulness or applicability of software programs (using existing software programs) and recommend solutions to meet new or different application requirements.
· Undertakes complex art and design to their level of training and accredited skill.

1.9 Level 8 Employee 115%

An employee at this level has completed an apprenticeship and the technical qualification in one of either the pre-press, press or post-press trades and/or achieved a comparable skill standard as ratified by the National Training Board and exercises judgement and skills higher than at Level 7.

Employees, subject to agreement at enterprise level, are to undertake training for the wider range of duties and for access to higher classifications. It is agreed not to create barriers to advancement of employees through access to proper competency based training and the advancement of employees through the structure.

An employee at this level:

· Thorough knowledge of specific product sector and processes;
· Administrative and general knowledge of production processes and products and organisation procedures across the enterprise;
· Has knowledge of key features of award/Enterprise Agreement and enterprises personnel policies and an ability to implement them in their work area;
· Thorough knowledge of production processes and procedures in own work area and general knowledge of downline processes;
· Works under minimal supervision and demonstrates high level of proficiency in all tasks taught in the apprenticeship to their level of skill;
· Undertakes routine production scheduling and materials handling within the scope of their area of work to maintain planned production requirements;
· Monitors, evaluates and reports quality variations within a broad work area;
· Knowledge of process problem solving techniques and procedures and is expected to exercise initiative and judgement in solving day to day operational problems;

· Considerable discretion. Work is guided by company precedents and policies. Work procedures may be adopted to meet production requirements;
· Operates a computer controlled system as an integral aspect of routine work to their level of training and accredited skill;
· Undertakes routine and preventive maintenance to the level of their training and accredited skill. Removes and replaces assemblies/sub assemblies to carry out cleaning and inspection of parts;
· Participates in, develops and implements appropriate occupational health and safety practices in the area of work. Encourages staff under their supervision to accept and enforce safety requirements;
· Provides technical guidance and assistance to work teams;
· Provides on-the-job training in conjunction with supervisors and/or trainers;
· Is responsible for the work of others under their supervision and has undertaken supervisory training;
· In addition demonstrates proficiency and performs all work encompassed at Level 7 and all work incidental and peripheral to the above.

Indicative tasks at this level may include:

· Exercises high precision trade skills;
· Exercises intermediate CAD/CAM skills in the performance of routine modifications to programs;
· Creates or produces design roughs or finished artwork from employer or clients’ instructions, either manually or by computer;
· Liaises and advises internal customers and employees outside the work team;
· Operate/coordinate a group of computers such as a small multi-user system or a large group of personal computers which may include operating a help desk;
· Participates in problem solving techniques and procedures and exercises initiative and judgement in solving day to day operational problems.

1.10 Level 9 Employee 125%

An employee at this level has completed an apprenticeship and the technical qualification in one of either the pre-press, press or post-press trades and/or achieved a comparable skill standard as ratified by the National Training Board and exercises judgement and skills higher than at Level 8.

Employees, subject to agreement at enterprise level, are to undertake training for the wider range of duties and for access to higher classifications. It is agreed not to create barriers to advancement of employees through access to proper competency based training and the advancement of employees through the structure.

An employee at this level:

· Exercise high precision (technical trade and non-trade) skills and/or manager’s ability;
· Knowledge of major industry processes and major industry product groups in connection with own section of industry;

· Has an awareness of the major clients, suppliers and competitors of the enterprise;
· Works under minimal supervision;
· Participates in the development and implementation of quality assurance program;
· Solves problems and adopts solutions based on analysis, investigation and evaluation of options;
· Operates a computer controlled system as an integral aspect of routine work to the level of training and accredited skill;
· Undertakes routine and preventive maintenance to the level of their training and accredited skill. Removes and replaces assemblies/sub-assemblies to carry out cleaning and inspection of parts;
· Participates in develops and implements appropriate occupational health and safety practices in the area of work;
· Liaises with clients/suppliers, staff and employer;
· Coordinates work in a team environment;
· Is responsible for the work of others under their supervision including the ability to assess work performance of others and to counsel them effectively re: strengths and weaknesses;
· In addition performs all work encompassed at Level 8 of the trades stream and all work incidental and peripheral to the above.

Indicative tasks at this level may include:

· Performance of production planning and predictive production planning work;
· Prepares report of a technical nature on specific tasks or assignments as directed;
· Leads staff to meet production requirements regarding scheduling, quantity and quality;
· Provides on-the-job training to their level of their training and accredited skill;
· Supervises others including the ability to assess work performance of others and to counsel them effectively re: strengths and weaknesses.

1.11 Level 10 Employee 130%

An employee at this level has completed an apprenticeship and the technical qualification in one of either the pre-press, press or post-press trades and/or achieved a comparable skill standard as ratified by the National Training Board and exercises judgement and skills higher than at Level 9.

Employees, subject to agreement at enterprise level, are to undertake training for the wider range of duties and for access to higher classifications. It is agreed not to create barriers to advancement of employees through access to proper competency based training and the advancement of employees through the structure.

An employee at this level:

· Has an awareness of the operation of the Industry at a domestic and international level;
· Has knowledge of the major clients, suppliers and competitors of the enterprise;
· Works under minimal supervision;

· Full understanding of the are/enterprise’s management and productivity requirements and ability to lead and motivate staff to meet production requirements and to guarantee quantity and quality;
· Possesses high level diagnostic skills and provides technical guidance;
· Exercises broad discretion within scope of this level;
· Is responsible for the work of others under their supervision;
· Ability to assess work performance of others and counsel them effectively re: strengths and weaknesses, including disciplinary overview;
· In addition, performs all work encompassed at Level 9 of the trade stream and all work incidental and peripheral to the above.

Indicative tasks at this level may include:

· Assists in recruitment of staff e.g. development of job descriptions;
· Coordinates work in a team environment;
· Operates and manages a computer controlled system as an integral aspect of routine work to the level of training and accredited skill;
· Prepare reports of a technical nature on specific tasks or assignments as directed within scope of this level;
· Maintains required level of care and adjustment to machinery;
· Assist in the provision of on-the-job training in conjunction with supervisors and/or trainers.

1.12 Level 11 Employee 135%

An employee at this level has completed an apprenticeship and the technical qualification in one of either the pre-press, press or post-press trades and/or achieved a comparable skill standard as ratified by the National Training Board and exercises judgement and skills higher than at Level 10.

Employees, subject to agreement at enterprise level, are to undertake training for the wider range of duties and for access to higher classifications. It is agreed not to create barriers to advancement of employees through access to proper competency based training and the advancement of employees through the structure.

An employee at this level:

· Has general knowledge of domestic and international industry;
· Under minimal supervision either individually or in a team environment leads a group of trades and/or non-trades staffing more than one area employed on a varied range of more complex operational equipment or projects;

OR

· Under administrative guidance exercises direct and indirect control over a group of staff including subordinate leaders undertaking varied range of work within a stream;
· A person at this level in a leadership role would be expected to exercise a high degree of initiative, judgement and flexibility in solving complex production related problems;

· Successful completion of training in relevant skills e.g. managing supervising, quality management techniques, manufacturing principle, team building, problem solving, communication, training, technical report writing, industry development etc and demonstrated ability to apply that training in meeting objectives.

In addition is able to perform work at Level 10 and all work incidental and peripheral to the above.

Indicative tasks at this level may include:

· Coordinate resources including staff and materials;
· Oversees training program;
· Sets and meets production requirements;
· Oversees OH&S policy and procedures;
· Reviews and evaluates work methods;
· Liaises with customers, staff, suppliers;
· Manages and computer controlled system;
· Participates in area/enterprise management meetings as required;
· Assists in planning for budgets, cost control, estimates;
· Assists in the identification of key performance indicators and the development of the enterprises’ strategic business plan.

1.13 Level 12 Employee 145%

An employee at this level has completed an apprenticeship and the technical qualification in either the pre-press, press or post-press trades and/or achieved a comparable skill standard as ratified by the National Training Board and exercises judgement and skills higher than at Level 11.

Employees, subject to agreement at enterprise level, are to undertake training for the wider range of duties and for access to higher classifications. It is agreed not to create barriers to advancement of employees through access to proper competency based training and the advancement of employees through the structure.

An employee at this level:

· Has a comprehensive knowledge of the enterprise;
· General knowledge of domestic and international industry;
· Possesses a thorough knowledge and awareness of the administrative, business and market strategies of the enterprise;
· Exercises a high degree of initiative, independent judgment, responsibility and leadership in applying technical skills and solving complex operation problems and meeting production targets.

Indicative tasks at this level may include:

· Analyse industry knowledge in terms of initiating an appropriate response for the enterprise;
· Implements OH&S legislative requirements in awards and agreements impacting on the enterprise;

· Contributes to effective management of the area/enterprise and participates in management and/or consultative committee meetings as required;
· Leads and/or coordinates a number of teams at the enterprise including a number of trades and/or non-trades and/or associated staff;
· Coordinate and control resources;
· Investigate, resolve and report on system failure;
· Administers quality control within their area/enterprise and updates quality assurance procedures and work instructions within their area/enterprise;
· Contributes to the identification of training needs at the enterprise;
· Manages a computer controlled system including re-programming of software packages.


APPENDIX F - COUNTRY NEWSPAPERS

The provisions of this appendix apply to employers and employees in newspaper offices.

The provisions of this appendix must be read and interpreted wholly in conjunction with the Country Publishing and Printing Award 2002, and will operate as an appendix to the award and take precedence over any provision of the award to the extent of any inconsistency.

1. DEFINITION

In this appendix, a newspaper office includes every office in which a newspaper is printed and/or published on less than five days in a week and includes an office where in addition to the printing and/or publishing of a newspaper, commercial printing is carried on.

2. EMPLOYMENT CATEGORIES

2.1.1 Minimum engagement for casual employees

If a casual employee commences duty or is required to attend for duty and actually attends for duty for the period required by the employer, such employee:

2.1.1(a) If engaged in the publishing department as a publishing employee, will be paid for three hours at the least;

2.1.1(b) If engaged in the publishing department of a newspaper on collating and inserting, will be paid for two hours at the least;

2.1.1(c) If engaged on any other work will be paid for four hours at the least.

2.1.2 Minimum payment for casual employees working on a public holiday

[Appx F:2.1.2 corrected by PR927121 ppc 01Nov02]

A casual employee when working on a public holiday must be paid for the minimum hours set out in 4.1.4(d) or the hours actually worked (whichever is the greater) at the rate of double time plus 25%.

3. REDUNDANCY (TECHNOLOGICAL CHANGE) IN A NEWSPAPER OFFICE

3.1 Where a employer in a newspaper office introduces into its office new techniques of production and where all avenues of employment within the establishment of the employer have been exhausted and an employee is still considered redundant as a result of technological change, the employer must give to the employee notice of termination of employment as follows:

3.1.1 Where the employee has been employed for less than three months, one week’s notice or pay in lieu;

[Appx F:3.1.2 corrected by PR927121 ppc 01Nov02]

3.1.2 Where the employee has been employed as an adult employee for three months and up to three years, three weeks notice or pay in lieu for the first three months employment as an adult employee plus one week’s notice or pay in lieu for each subsequent year of employment as an adult employee;

3.1.3 Where the employee has been employed as an adult employee for three years or more, the employer must give the employee three weeks notice or pay in lieu (at the option of the employee) for the first three months employment as an adult employee and one week’s notice or pay in lieu (at the option of the employee) for each subsequent year of employment as an adult employee.

3.2 The provisions of this subclause are in substitution for and not cumulative on the notice in 4.2.1(a) and 4.2.1(b) of the award and the severance pay in 4.2.6 of the award.

4. ALLOWANCES IN NEWSPAPER OFFICES

4.1 Night work allowances in a newspaper office

4.1.1 Employee in a newspaper office when engaged on night work

An employee in a newspaper office when employed on night work will in addition to the day work wage prescribed for the work they perform be paid 17-1/2% of a Group Level 5 employee’s day work wage.

4.1.2 Night work overlapping day work hours in a newspaper office

Where on any day the hours of night work in a newspaper office overlap the day work hours, the night work hours will be observed and the night work wage will be paid for such day work.

4.1.3 Allowances part of weekly wage in newspaper offices

The night work allowance is part of the employee’s weekly wage for the purpose of calculating the overtime rate payable in accordance with this award.

4.2 V.D.T. ALLOWANCE IN NEWSPAPER OFFICES

4.2.1 Allowances will be paid to employees in newspaper offices who are operating a visual display terminal as follows:

4.2.1(a) To be paid the allowance, an employee must be trained and be or have been engaged on a visual display terminal in production on a fully integrated on-line front-end system for advertising and/or editorial input.

4.2.1(b) Apprentices will only be paid the allowance from the commencement of the third year of the apprenticeship where the apprentice is engaged in production. Where engaged for part of a week, the allowance will be paid for the full week.

4.2.2 The allowance will be 5% of the rate of wage for group Level 5 and will be included for all purposes of the award namely overtime, sick leave, annual leave etc.

5. HOURS OF NIGHT WORK IN NEWSPAPER OFFICES

[Appx F:5 heading corrected by PR927121 ppc 01Nov02]

5.1 Spread of hours for night work in newspaper offices

5.1.1 Night Work in a newspaper office means any work performed between the hours of 6.00 p.m. and at or before 8.00 a.m. except for graphic pre press and proof reading work performed between the hours of 5.00 p.m. and 8.00 a.m.

5.1.2(a) The daily spread of hours for night work in a newspaper office may be altered by up to one hour at one end of the spread (but not both) by agreement between an employer and the majority of employees affected. This is subject to Level 2 Facilitation. Provided that where agreement has been reached with the majority of employees in the workplace or section or sections of it, the employer may not implement the agreement unless agreement has been reached with each individual employee to be covered by the facilitative provision.

5.1.2(b) The daily spread of hours for night work in a newspaper office may be altered by up to one hour at one end of the spread (but not both), by agreement between the employer and an individual employee. This agreement is subject to Level 2 Facilitation and may:

5.1.2(b)(i) only be accessed where no majority agreement has been reached;

5.1.2(b)(ii) only be implemented in respect of individual employees who have reached agreement; and

5.1.2(b)(iii) the agreement is only with an individual employee or a number of individuals less than the majority in the workplace or section or sections of it.

5.2 Ordinary hours and work cycles for night work in a newspaper office

5.2.1 The ordinary hours for night work in a newspaper office must not exceed an average of 38 per week.

5.2.2 The ordinary hours of night work employees in a newspaper office will not exceed 8.75 hours per night.

5.2.3 Despite 5.2.2, the ordinary hours of work for night work in a newspaper office may exceed 8.75 hours and up to ten hours per night by agreement between the employer and the majority of employees. This is subject to Level 1 facilitation.

5.2.4 By agreement between the employer and the majority of employees, an employee may work ordinary hours of night work in a newspaper office in excess of ten hours and up to twelve hours. An agreement to work more than ten hours and less than twelve hours is subject to Level 3 Facilitation. Where twelve ordinary hours are introduced on any night, the agreement is subject to Level 3 Facilitation and 6.1.4(f).

5.2.5 The ordinary hours of night work in a newspaper office are to be worked over a cycle which does not exceed 152 hours in 28 nights. By agreement between the employer and the majority of employees affected, a roster system may operate on the basis of a weekly average of 38 ordinary hours over a period which does not exceed twelve months. This is subject to Level 2 Facilitation.

5.3 Nights on which ordinary hours are worked in a newspaper office

The ordinary hours of night work in a newspaper office are to be worked continuously, except for meal breaks. The ordinary hours of night work in a newspaper office may be worked on any day Monday to Friday inclusive, provided that ordinary hours commencing on a Friday may continue into Saturday for the remaining ordinary hours of work without the payment of double time. Publishing employees in a newspaper office may commence work after midnight on Friday and may work for the ordinary hours of the shift (but no later than 8.00 a.m. without payment of overtime).

5.4 Ordinary hours of night work on Saturday and/or Sunday in a newspaper office

[Appx F:5.4 heading corrected by PR927121 ppc 01Nov02]

5.4.1 By agreement between the employer and the majority of employees affected, the nights on which ordinary hours of night work are worked in a newspaper office may include Saturday and/or Sunday. This agreement is subject to Level 3 Facilitation.

5.4.2 Where agreement has been reached under 5.4.1 to work ordinary hours of night work in a newspaper office on Saturday and/or Sunday, the following rates will be paid for all night work done on a Saturday or Sunday:

Night work (Newspaper Office): 200% of the ordinary day work rate for an employee plus 17-1/2% of the Group Level 5 Rate.

5.4.3 Where ordinary time on night work is worked in a newspaper office on a Saturday and/or Sunday and overtime is continuous with such work, the above rates will apply to the overtime work.

5.4.4 The above rates are in substitution for and not cumulative on the night work allowances prescribed in 4.1 above and the overtime penalties in clause 6.4 - Overtime in both commercial printing offices and newspaper offices, of the award for work in a newspaper office.

6. WORK ON A PUBLIC HOLIDAY

6.1 Where an employee in a newspaper office who has been notified that they will be required to work on a public holiday or substitute public holiday which occurs in accordance with 7.4.3, reports for work and is ready willing and able to perform the work of which they have been notified, the employee will be provided with either:

6.1.1 in the case of an inserter at least two hours work or two hours pay;

6.1.2 in the case of a publishing employee at least three hours work or three hours pay; or

6.1.3 in the case of any other employee at least four hours work or four hours pay,

at the rate of double time.

[Appx F:6.2 corrected by PR927121 ppc 01Nov02]

6.2 Where a weekly employee in a newspaper office is required to work on a public holiday, the employee will be given a day off in lieu within seven days of such holiday or paid double time for the time worked.