You are on page 1of 43

AG818588 PR922921

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996


s.170LJ Agreement with organisations of employees (Division 2)

Visy Paper Pty Ltd


and
The Australian Workers' Union
(AG2002/5149)

VISY PAPER 8, GIBSON ISLAND ENTERPRISE AGREEMENT 2002

Various employees Graphic Arts

COMMISSIONER HOFFMAN BRISBANE 1 OCTOBER, 2002

CERTIFICATION OF AGREEMENT

In accordance with section 170LT of the Workplace Relations Act 1996, the Commission
hereby certifies the attached written agreement.

This agreement shall come into force from 1 October 2002 and shall remain in force until 30
June 2005.

Printed by authority of the Commonwealth Government Printer

<Price code 4 3>


VISY PAPER 8, GillSON ISI.AND ENTERPRISE
AGREEMENT 2002

.- .;... + •• ,_.): .... .... --. :·


This shall be known as the Visy
Enterpnse Agreement 2002 '·- .... -2 -· .....:.........

2 Arrangement
Clause No Clause Page No

1 Title 1

2 Arrangement 1

3 Commencement Date and Period of Agreement 2

4 Who is botmd by this Agreement 2

5 Relationship with Award 2

6 Terms ofEmployment 2

7 Remuneration 4

8 Roster 7

9 Public Holidays and Leave Entitlements 11

10 Termination of Employment 30

11 Interruption of Work 33

12 Time and Wages 33

13 Redundancy 36

14 Superannuation 36

15 Dispute Resolution Procedure 36

16 Industrial Clothing 37

Appendix 1 Salary Calculation

Appendix2 Redundancy Agreement

111043960
2

3 Commencement Date and Period of Agreement


This Agreement comes into force on and from 1st July 2002 and will
operate for a period of three (3) years, concluding on June 30, 2005

The parties agree to commence negotiations for a new agreement at least


three months prior to the expiry date of this agreement.

4 Who is bound by this Agreement


This Agreement is between Visy Paper and the employees at Visy Paper
at Paringa Rd Gibson Island Queensland and the Australian Workers
Union.

5 Relationship with Award


This agreement covers all employment conditions at Visy Paper, Gibson
Island and is the sole industrial instrument applicable at the site.

6 Terms of Employment
6.1 A full-time employee is engaged is one who is engaged on a weekly basis and
will work in accordance with the roster arrangements specified in subclause
8.2, or the hours of work in accordance with subclause 8.5.

6.2 If the Employee has not previously been employed by Visy Paper, the employee
will be engaged on a probationary basis during the first three months of
employment for the purpose of determining the Employee's suitability for
ongoing employment.

6.3 Part Time

6.3.1The employee is a part time employee who agrees to work a predetermined and
regular cycle of work which comprises a shorter period of work than the period
of time worked by the full-time employee [that is less than 35 hrs per week] and
receives a pro rata basis equivalent pay and conditions to those full time
employees performing the same type of work.

6.3.2 Notwithstanding anything contained in this Agreement, Visy Paper and an


employee, who for personal reasons is unable to attend for work as a full time
weekly worker and who desires and applies for permanent employment on a
part-time basis, if a position is available; may agree that the ordinary working
hours of such person shall be of such lesser number of hours than the ordinary
hours prescribed in this agreement but not less than nineteen hours per week.
They shall be worked on any of the days or all ofthe days ofthe week, Sunday
to Saturday or Monday to Friday and shall not work in excess of those hours and
if so the excess to be paid as overtime at the rates listed in this agreement.

6.3.3.Ifpart-time employees, they shall be paid for each hour worked at the hourly
rate prescribed by this agreement for a full time employee for the classification
of work performed by them, but in no case shall any employee be paid less than
the minimum rate prescribed in this agreement.
111043960
3
'Ihe payment or deduction m heu of termmation of employment provided
for this agreement shall be a pro rata payment for a full time employee.

6.3.4The provision of this agreement as regards annual leave, sick leave and
public holidays shall apply on a pro rata basis to part time employees as
follows.

Annual Leave

A part time employee shall become entitled to and shall take annual leave or
be paid in lieu of such leave in the same manner and under the same
conditions as a full time employee becomes entitled to and granted such
leave in accordance with the provisions of this agreement.

Sick Leave

A part time employee shall be come entitled to and shall and shall be paid
pro rata in the same manner and under the same conditions as a full time
employee becomes entitled to and granted such leave in accordance with
this agreement.

Public Holidays

A part time employee shall become entitled to and shall be granted public
holidays in the same manner and ur:tder the same conditions as a full time
employee becomes entitled to and granted such public holidays in
accordance with this agreement

6.4 Casual and fixed term Employees

6.4.1 Fixed Term Employees

An employee may be engaged for a specified period of time, but not


exceeding 12 months as a full time employee and paid at the rate as applied
to the classification of work the he/she performs in accordance with this
agreement. This form of employment will be used to cover long term
absences including; workers compensation, long service leave, parental
leave, extended annual leave, unpaid special leave, salary continuance,
employee secondments , work surges and any other long term leave as
approved by the company.

On termination of fixed term employees, they will be paid 1 weeks notice


for service of less than 6 months and 2 weeks notice for service over 6
months

No employee employed via a third party company shall be paid less than the
minimum rate detailed in this agreement.

6.4.2 Casual Employees

Visy Paper may engage employees for up to three months to carry out work
on a casual basis either directly or via a labour hire company to cover short
term fluctuations in work load and short term absences. These employees will
be paid at the minimum rate as per the agreement for the work that they
perform plus relevant loadings, eg, casual loading and shift loading.
111043960
4

he mtent of this proVIsion 1s to proVIde for fleX1b1hty m the use of casual


labour to cover seasonal/ peak period of demand. It is agreed between the
parties that it is not intended to use casual labour on a long term basis.

Information on casual labour will be provided to delegates upon request.

INDUCTIONS

_It is Visy Papers intent that all new employees are provided with an agreed
induction in line with the company's policies and procedures prior to
commencing work at the mill. The induction content is structured to include all
safety required information and specific employment policies, employment
conditions, procedures and work instructions so as to enable the employee to
commence work in a safe, sensible and legal manner

7 Remuneration

7.1 Definitions

(a) Probationary Employee- is an employee engaged for a period


of up to 3 months and shall receive basic training in the
operation ofthe relevant sections of the plant and will go
undergo assessment to determine suitability for ongoing
employment. This employee is paid at 80% of the operators
rate.

(b) Operator 1 - an employee who has completed the probationary


period and is competent as assessed by Visy Paper to operate at
least one nominated station in a department. This employee is
paid at 90% of the operators rate.

(d) Operator 2 - an employee who has reached a level of


competence as assessed by Visy Paper and is required to
operate at least 2 departments. This employee is paid at 100%
of the operator's rate. An operator at this level will continue to
receive training so they may operate all departments within the
mill. The intent is to achieve full flexibility so that the operator
may operate work stations as required across the mill.

An employee should reasonably attain operator level 1 in


approximately 12 months of commencement.

An employee should reasonable attain operator level 2 in


approximately 2 years of commencement.

Forklift Operators I Stores: All future employees who are


appropriately qualified and engaged to work in the forklift I stores
areas of the Mills will be paid at 80% of the Mill Operators' rate.

Should the employee not be able to progress within the time frames
specified, a review panel comprising the Production Manager, foreman
111043960
'
'
5
and a designated expert nommated by the shift will carry out an
assessment. If it has been found that the company has unreasonably
held an employee back from reaching a level, a training plan will be
developed and implemented and the employee will be upgraded to the
next level where they will remain until they are competent.

Progression through the classification levels is based on competence


and employee when the employee demonstrates competence following
the probationary period they will be able progress through the
classification levels.

7.2 Annual salary rates

Subject to clause 7.3, Employees will be paid an annualised salary for


the relevant operator grade set out in Appendix 2. The salaries are
based on the Employee being required to work in accordance with the
12 hour roster arrangements set out in clause 8.2. The annualised
salaries are inclusive of shift loadings, weekend penalties, public holiday
payments and penalties, leave loading and any other_allowances or
payments that may otherwise be applicable.

All current employees will maintain their existing positions and rate of
pay and no employee will be disadvantaged for the sole purposes of the
application of the new rate and other provisions as they apply in this
agreement.

Where the Employee is absent from work on any shift, and there is no
entitlement to paid leave for that shift in accordance with clause 9 of this
Agreement, then the annual salary shall be reduced by an amount of 12
hours per shift for each shift of such absence.

7.3 Base rates

In circumstances where the Employee works ordinary hours or shift


arrangements in accordance with subclause 8.5, the Employee will be
paid a base rate for the relevant classification as specified in Appendix 2,
and will be entitled to relevant allowances and penalties.

7.4 Annual review and increase

The rates in Appendix 1 will be increased as follows:

(a) effective as of 1 July 2002 5%

(b) July 1 2002 1% superannuation

(b) effective as of 1 July 2003 5%

(c) effective as of 1 July 2004 5%

7.5 Payment of wages

111043960
6

Employees shall be paid weekly (less income tax mstalments and other
authorised deductions) by direct deposit into the Employee's bank
account.

7. 5.1 Wages shall be paid by electronic funds transfer during working hours
shall be credited into the employees account with no cost to the
employee at the time of transfer.

7.5.2 In the case of an employee whose ordinary working hours of work are
arranged so that the employee works a constant number of ordinary
hours each week, wages shall be paid according to the actual ordinary
hours worked each week

7.5.3 In the case of an employee whose ordinary hours of work are arranged
so that the employee works an average number of ordinary hours each
week during a particular work cycle, wages shall be paid weekly
according to a weekly average of ordinary working hours even though
more or less than 3 8 ordinary hours may be worked in any particular
week of the work cycle. If that employee is absent from duty during a
week, [other than paid absences authorised by this agreement] the
employee shall loose his/ her entitlement to payment during that week
for the period of absence.

7.5.4 Visy Paper shall supply to the employee within 3 days of the payment to
which the pay slip relates, details of wage payments made. Such details
shall be in writing and shall contain the following;

• Name and classification of employee

• Date of payment and whether employment is full time, part time, casual
or fixed term

• Period covered by the payment and the wage rate, together with the
number of hours covered by ordinary and overtime rates.

• Gross and net amount of wages paid including deductions

• Information on allowances and superannuation contributions.

Visy Paper may change the pay day or pay week providing that no employee
is financially disadvantaged as a result of such change.

7.6 Payment on Termination

When in accordance with a notice of termination of employment as provided


by this agreement, an employee's employment is terminated during the
course of a week, the employee shall at the time of their termination of their
employment be paid all moneys due to them.

When an employee is dismissed without notice all moneys due to them shall
be paid within twenty four hours of the termination of their employment.

In the event of an employer failing to so forward all moneys due within


the time prescribed the employer shall, for each working day thereafter

111043960
7

upon which he/she fads to so forward such moneys, pay to the employee
a full day's pay. Provided that where the employee's right to pay or the
amount thereof is disputed this subclause shall not, as to the amount in
dispute only, commence to apply until such dispute has been resolved by
the Commission or such other authority as may be involved.
Notwithstanding anything to the contrary contained in this clause, Visy
Paper shall not be required to pay to an employee any amount which is in
dispute as sick pay (should the employee become entitled to the sick pay
claimed) until the pay day of the pay week following the pay week in
which the employee's right to such pay was established.

7.7 Car parking

Car parking will be provided in line with site policy.

8 Roster
8.1 It is the intention ofVisy Paper to operate the Mill365 days per year, 24
hours per day.

8.2 The Employee will work shifts on a roster which provides for 7 day per
week continuous operation. These shifts will be of 12 hours' duration on a 2
day shifts I 2 night shifts 14 days off cycle. It is intended by Visy Paper to
maintain the current roster arrangements baring unforseen circumstances. In
the event of a roster change being required Visy Paper will hold discussions
with the employees and the AWU before proceeding.

8.3 In the12 hour shift arrangement, the Employee is entitled to a paid 30


minute meal break after 6 hours. The parties agree that the use of meal
breaks are to be flexible and will not impact on production.

8.4 The employees may work additional hours to those set out in the roster
subject to agreement being reached between the Employee and Visy Paper.
Payment in these circumstances is calculated at time and one half for first 3
hrs and double time there after.

8.5 In the event that the Employee is not required to work under 12 hour roster
arrangements in accordance with subclause 8.2, the Employee may be
required to work ordinary hours or agreed shift arrangements in accordance
with mill requirements.

8.6 Meal Allowance

Employees who are required to work overtime for more than 1. 5 hours without
being notified on the pervious day or earlier will be entitled to a meal allowance
of$8.75.

8. 7 Call ins I Coverage

Call in's are an accepted part of the job and all employees will respond
within reason at any time to meet operational needs.

111043960
8

It IS agreed the company may use staff expert labour to cover call ins and
provide shift shortage coverage as required after all reasonable avenues
have been exhausted.

When an employee is called back to perform work at a time when he/she


would not ordinarily be at work and the employee has not either been
notified prior to his last finishing work or more than 48 hours prior to
commencing such overtime work, the employee would be so called
back, and such call back shall be a call for all purposes of the agreement

An employee called back shall be paid one hours ordinary pay for such
"call". In addition, all time worked on a 'call' shall be paid for at double
time rates provided that the employee will receive a minimum of 3 hours
pay or 3 hours work.

In the event of an employee receiving a "call" and then prior to


commencing work in accordance therewith, being informed by the
Company that his/her services on such "call" are required, the employee
shall, if he/she has:

Left his/her place of residence, be paid as if he/she had in fact started


work, not left his/her place or residence, be paid one hours ordinary pay.

The provision of this clause shall not apply where notification is given
after the employee's last occurring work day immediately preceding a
weekend or rostered period off, greater than 48 hours he/she is required
to report for overtime work prior to his/her normal commencing time on
the first working day after than week end and such overtime work,

• does not exceed 30 minutes and

• is continuous with the commencement of his ordinary working


hours.

8.8 INTRODUCTION OF CHANGE

Employer's duty to notify

8.8.1.l(a) Where an employer has made a definite decision to introduce major changes in
production, program, organisation, structure or technology that are likely to
have significant effects on employees, the employer shall notify the employees
who may be affected by the proposed changes and their union.

8.8.l(b) Significant effects include termination of employment, major changes in the


composition, operation or size of the employers' workforce or in the skills
required; the elimination or diminution of job opportunities, promotion
opportunities or job tenure; the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs. Provided that where the agreement makes provision for
alteration of any of the matters referred to herein an alteration shall be deemed
not to have significant effect.

8.8.2 Employer's duty to discuss change

111043960
''

8.8.2(a) The employer shall discuss with the employees affected and their union, inter
alia, the introduction of the changes referred to in subclause 8. 5.1 hereof, the
effects the changes are likely to have on employees, measures to avert or
mitigate the adverse effects of such changes on employees and shall give
prompt consideration to matters raised by the employees and/or their union in
relation to the changes.

8.8.2(b) The discussions shall commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in subclause
8.5.1 hereof

8.8.2(c) For the purposes of such discussion, the employer shall provide in writing to
the employees concerned and their union, all relevant information about the
changes including the nature of the changes proposed; the expected effects of
the changes on employees and any other matters likely to affect employees
provided that any employer shall not be required to disclose confidential
information the disclosure of which would be inimical to the employer's
interests.

8.9 Training Days

The inclusion of the training days is based on the following conditions and in
recognition of the imbalance between payed hours and the hours actually
worked. Training has been developed to represent a benefit to the individual (s)
concerned and to the future needs of the mill in the development of highly skilled
operating staff Training will reflect the needs of the individual to enable future
advancement within the company.

Five (5) days of training will be structured into the roster over the 60 week
cycle. The additional days will not attract a penalty rate, but will be paid for at
the rate of single time only. (i.e. if training occurs for 8 hours on a training day,
pay will be for 8 hours at single time). These training days will be payed based
on a minimum of 8 hours (7 hrs training and 1 hours designated travelling time)

Training days will be structured into the roster so that they fall during four day
breaks not during annual leave periods built into the roster. Training days will
not be scheduled on the first day of the 4 day breaks.

Generally training will be of single day duration. Training days are for genuine
training purposes only, including OH & S where required by legislative change,
and are not intended to supplement gaps in shifts due to absenteeism.

Non-attendance for training will be considered within the current attendance


incentive program within each mill, which will reflect the calculated lost hours
for that day up to a maximum of $3 00 per day.

111043960
10
I he Company 1s prepared to be fleXIble With attendance for each training day.

8.10 TRADE UNION TRAINING

Subject to proper advanced notice in writing; [which shall be not less than
one month] to the mill manager or production manager and subject to
production requirements, ,two union delegates (or officers of the AWU
elected in accordance with the rules of the Union) with not less than 6
months service with the employer shall, be granted up to five days leave with
pay each calendar year non-cumulative to attend courses conducted or
approved by the AWU which are designed to promote good industrial
relations and industrial efficiency within the industry.

8.10.1 The application to the employer must include the nature, content and
duration of the course to be attended.

8.10.2 The granting of such leave shall be subject to Visy Paper being able to make
adequate staffing arrangements amongst current employees during the period
of leave.

8.10.3 Leave of absence granted pursuant to this clause shall count as service for all
purposes of this award

8.10.4 Each employee on leave approved in accordance with this clause shall be paid
all ordinary time earnings. For the purpose of this subclause ordinary time
earnings for an employee means the classification rate, overaward payment
and shift loading which otherwise would have been payable.

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

8.10.6. An employee may be required to satisfy the employer of attendance at the


course to qualify for payment of leave, unless the employee would otherwise
have been entitled to payment in line with Sick Leave, of this agreement.

8.10.7 An employee granted leave pursuant to this clause shall, upon request, inform
the employer of the nature of the program

8.10.8 In the event a Scheduled rostered day off falls within a period of leave
approved pursuant to this clause, no alternative day off shall be substituted in
lieu.

8.10.9 Either party may refer any disagreement in the application of this clause to the
Australian Industrial Relations Commission for assistance in the resolution of
the matter.
8.10.10 Visy Paper and the parties agree that there will be a single formal training
program for all agreed nominated shift delegates [ maximum of 5 delegates]
during the life of this agreement; . that will focus on the effectiveness of
consultation and how this agreement operates works. This program will be
conducted jointly by the union and employers and is aimed at producing an
effective and efficient consultation process within the mill between
111043960
11

management and employees, aimed at developing a conductive work


relationship within the mill.
This training will be limited to a total of 3 training days within the life of this
agreement.

9 Public Holidays and Leave Entitlements


9.1 The following days will be observed as public holidays: New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Holiday, Labour Day, Queen's Birthday, Royal National Show
Day or Exhibition Day, Christmas Day and Boxing Day.

9.1 Annual leave

(a) The Employee is entitled to 4 weeks as annual leave for each


year worked. Any unused Annual leave is cumulative.

(b) Ifthe Employee works in accordance with the 12 hour roster


arrangements in subclause 8.2, or continuous shift work; that is,
shifts that operate 24 hours per day for more than 6 days per
week; then the Employee will be entitled to an extra week as
annual leave for each year worked.

(c ) Any requests for annual leave not included in the roster must be
made by the Employee to the nominated representative ofVisy
Paper at least 6 weeks in advance.

9.2 Long service leave

(a) The Employee is entitled to long service leave of 15 weeks after 15


years continuous service.

(b) The Employee may request, and be made, a pro-rata payment in


lieu of long service leave after 7 years of continuous service with
VisyPaper.

(c ) Where the Employee has received a pro rata payment under


paragraph (b), the Employee shall not be entitled to receive any
further payment or leave in respect of that period of service the
payment has been made for.

9.3 Sick leave

(a) The Employee is entitled to 64 hours of sick leave per year,


payable on production of evidence satisfactory to the employer.
Any unused sick leave is cumulative.

(c) Employees shall be able to accrue sick leave up to a maximum


of 800 hours ie 12.5 years of accruals, 40 hrs in the first year of
service and 64 hours in each subsequent year.
111043960
12

(c) Where the Employee is ill for more than 30 consecutive days, then
he or she is entitled to access salary continuation payments, for weekly
wages employees provided in accordance with the Pratt Industries
Superannuation Retirement Protection Fund.

9.4 Bereavement leave

The Employee is entitled to a maximum of two days paid leave on each


occasion and on production of satisfactory evidence of the death in
Australia of the employee's husband, wife, father, mother, brother,
sister, child, step child or parents in law. This includes a defacto
husband or wife, foster father or mother and step father or mother.

The Employee is entitled to a maximum of two days paid leave on each


occasion and on the production of satisfactory evidence of the death
outside of Australia of the Employee's husband, wife, father or mother,
brother and sister, where the employee travels outside of Australia to
attend the funeral.

In addition employees will be entitled to an additional two days paid


bereavement leave on production of evidence of the death of parent,
spouse or child.

9.5.Maternity leave
Subject to 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.

9.5.1(a)Nature ofleave

Maternity leave is unpaid leave.

9.5.1(b )Definitions

For the purposes of subclause 9. 5.1:

9.5.1(b)(i) Employee includes a part-time employee but does not include an


employee engaged upon casual or seasonal work.

9.5.1(b )(ii) Paternity leave means leave of the type provided for in subclause
9.5.2 whether prescribed in an award or otherwise.

9.5.1(b)(iii) Child means a child of the employee under the age of one year.

9.5.1(b)(iv Spouse includes a de facto or a former spouse.

9.5.l(b)(v) Continuous service means service under an unbroken contract of


employment and includes:

9.5.1(b)(v)(A)Any period of leave taken in accordance with this clause;

111043960
13

9.5.1(b)(v)(B)Any period of part-time employment worked m


accordance with this clause; or

9.5.1(b)(v)(C)Any period ofleave or absence authorized by the employer


or by the agreement.

9.5.l(c) Eligibility for maternity leave

9.5.1(c)(i) An employee who becomes pregnant, upon production to her


employer of the certificate required by paragraph 9. 9. 5.1 (d) hereof,
shall be entitled to a period of up to 52 weeks maternity leave
provided that such leave shall not extend beyond the child's first
birthday. This entitlement shall be reduced by any period of
paternity leave taken by the employee's spouse in relation to the
same child and apart from paternity leave of up to one week at the
time of confinement shall not be taken concurrently with paternity
leave.

9.5.1(c)(ii) Subject to paragraphs 9.5.1(t) and (i) hereofthe period ofmaternity


leave shall be unbroken and shall, immediately following
confinement, include a period of six weeks compulsory leave.

9.5.1(c)(iii)The employee must have had at least 12 months continuous service


with that employer immediately preceding the date upon which she
proceeds upon such leave.

9.5.1( d) Certification

At the time specified in paragraph 9. 5.1 (e) the employee must


produce to her employer:

9.5.1(d)(i) A certificate from a registered medical practitioner stating that she


is pregnant and the expected date of confinement;

9.5.1(d)(ii) A statutory declaration stating particulars of any period of paternity


leave sought or taken by her spouse and that for the period of
maternity leave she will not engage in any conduct inconsistent with
her contract of employment.

9.5.1(e) Notice requirements

9.5.1(e)(i) An employee shall, not less than ten weeks prior to the presumed
date of confinement, produce to her employer the certificate
referred to in sub-paragraph 9.5.1(d)(i).

9.5.1(e)(ii) An employee shall give not less than four weeks notice in writing to
her employer of the date upon which she proposes to commence
maternity leave stating the period of leave to be taken and shall, at
the same time, produce to her employer the statutory declaration
referred to in sub-paragraph 9.5.1(d)(ii).

111043960
14

9.5.1(e)(iii)An employee shall not be in breach ofthis clause as a consequence


of failure to give the stipulated period of notice in accordance with
subparagraph 9. 5.1 (e)(ii) hereof if such failure is occasioned by the
confinement occurring earlier than the presumed date.

9.5.1(f) Transfer to a safe job

9.5.1(f)(i) Where, in the opinion of a registered medical practitioner, illness or


risks arising out of the pregnancy or hazard connected with the
work assigned to the employee make it inadvisable for the
employee to continue at her present work, the employee shall, if the
employer deems it practicable, be transferred to a safe job at the
rate and on the conditions attaching to that job until the
commencement of maternity leave.

9.5.1(f)(ii) If the transfer to a safe job is not practicable, the employee may, or
the employer may require the employee to, take leave for such
period as is certified necessary by a registered medical practitioner.
Such leave shall be treated as maternity leave for the purposes of
paragraphs 9.5.1G), (k), (I) and (m) hereof

9.5.1(g) Variation of period of maternity leave

9.5.l(g)(i) Provided the maximum period of maternity leave does not exceed
the period to which the employee is entitled under paragraph
9.5.1(c) hereof:

9.5.1(g)(i)(A)The period of maternity leave may be lengthened once only


by the employee with agreement from the employer by giving
not less than 28 days notice in writing stating the period by
which the leave is to be lengthened.

9.5.1(g)(i)(B)The period may be further lengthened by agreement


between the employer and the employee.

9.5.1(g)(ii) The period of maternity leave may, with the consent of the
employer, be shortened by the employee giving not less than 28
days notice in writing stating the period by which the leave is to be
shortened.

9.5.1(h) Cancellation of maternity leave

9.5.1(h)(i) Maternity leave, applied for but not commenced, shall be cancelled
when the pregnancy of an employee terminates other than by the
birth of a living child.

9.5.1(h)(ii) Where the pregnancy of an employee then on maternity leave


terminates other than by the birth of a living child, it shall be the
right of the employee to resume work at a time nominated by the
employer which shall not exceed four weeks from the date of notice
in writing by the employee to the employer that she desires to
111043960
15
resume wor .

9.5.1(i) Special maternity leave and sick leave

9.5.1(i)(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:

9.5.1(i)(i)(A)She shall be entitled to such, period of unpaid leave (to be


known as special maternity leave) as a registered medical
practitioner certifies as necessary before her return to work;
or

9.5.1(i)(i)(B)For illness other than the normal consequences of


confinement she shall be entitled, either in lieu of or in
addition to special maternity leave, to such paid sick leave as
to which she is then entitled and which a registered medical
practitioner certifies as necessary before her return to work.

9.5.1(i)(ii) Where an employee not then on maternity leave suffers illness


related to her pregnancy, she may take such paid sick leave as to
which she is then entitled and such further unpaid leave (to be
known as special maternity leave) as a registered practitioner
certifies as necessary before her return to work, provided that the
aggregate of paid sick leave, special maternity leave and maternity
leave shall not exceed the period to which the employee is entitled
under paragraph 9. 5. 1(c) hereof

9.5.1(i)(iii) For the purposes of paragraphs 9.5.1G), (k) and (I) hereof,
maternity leave shall include special maternity leave.

9.5.1(i)(iv) An employee returning to work after the completion of a period of


leave taken pursuant to this paragraph shall be entitled to the
position which she held immediately before proceeding on such
leave or, in the case of an employee who was transferred to a safe
job pursuant to paragraph 9.5.1(f) hereof, to the position she held
immediately before such transfer.

Where such position no longer exists but there are other positions
available which the employee is qualified for and is capable of
performing she shall be entitled to a position as nearly comparable
in status and pay to that of her former position.

9.5.10) Maternity Leave and other Leave Entitlements

9.5.10)(i) Provided the aggregate of any leave, including leave taken under
this subclause, does not exceed the period to which the employee is
entitled under paragraph 9.5.1(c) hereof, an employee may, in lieu
of or in conjunction with maternity leave, take any annual leave or
long service leave or any part thereofto which she is entitled.

111043960
16

9.5.1.G)(ii) Patd s1ck leave or other patd authonsed absences (excluding annual
leave or long service leave) shall not be available to an employee
during her absence on maternity leave.

9.5.1(k) Effect of maternity leave on employment

Subject to this subclause, absence on maternity leave shall not break the
continuity of service of an employee but shall not be taken into account in
calculating the period of service for any purpose of this agreement.

9.5.1(1) Termination of employment

9.5.1(l)(i) An employee on maternity leave may terminate her employment at


any time during the period of leave by notice given in accordance
with this agreement

9.5.1(l)(ii) An employer shall not terminate the employment of an employee on


the ground of her pregnancy or of her absence on maternity leave,
but otherwise the rights of an employer in relation to termination of
employment are not hereby affected.

9.5.l(m) Return to work after maternity leave

9.5.1(m)(i) An employee shall confirm her intention of returning to work by


notice in writing to the employer given not less than four weeks
prior to the expiration of her period of maternity leave.

9.5.1(m)(ii)An employee, upon returning to work after maternity leave or the


expiration of the notice required by subparagraph 9.5.l(m)(i)
hereof, shall be entitled to the position which she held immediately
before proceeding on maternity leave or, in the case of an employee
who was transferred to a safe job pursuant to paragraph 9.5.1(£)
hereof, to the position which she held immediately before such
transfer or in relation to an employee who has worked part-time
during the pregnancy the position she held immediately before
commencing such part-time work.

Where such position no longer exists but there are other positions
available for which the employee is qualified for and is capable of
performing, she shall be entitled to apply for a position as nearly
comparable in status and pay to that of her former position.

9.5.1(n) Replacement employees

9.5.1(n)(i) A replacement employee is an employee specifically engaged as a


result of an employee proceeding on maternity leave.

9.5.1(n)(ii) Before an employer engages a replacement employee the employer


shall inform that person of the temporary nature of the employment
and of the rights of the employee who is being replaced.

111043960
17

9.5.1(n)(iii)Before an employer engages a person to replace an employee


temporarily promoted or transferred in order to replace an
employee exercising her rights under this subclause, the employer
shall inform that person of the temporary nature of the promotion
or transfer and of the rights of the employee who is being replaced.

9.5.l(n)(iv)
Nothing in this subclause shall be construed as reqmnng an
employer to engage a replacement employee.

9.5.2 Paternity leave

9.5.2(a)Nature ofleave

Paternity leave is unpaid leave.

9.5.2(b )Definitions

For the purposes of this subclause:

9.5.2(b)(i) Employee includes a part-time employee but does not include an


employee engaged upon casual or seasonal work.

9.5.2(b)(ii) Maternity leave means leave of the type provided for in subclause
9.5.1 (and includes special maternity leave) whether prescribed in
this agreement or otherwise.

9.5.2(b)(iii)Child means a child of the employee or the employee's spouse


under the age of one year.

9.5.2(b)(iv) Spouse includes a de facto or a former spouse.

9.5.2(b)(v) Primary care-giver means a person who assumes the principal role
of providing care and attention to a child.

9.5.2(b )(vi Continuous service means service under an unbroken contract of


employment and includes:

9.5.2(b)(vi)(A)Any period ofleave taken in accordance with this clause;

9.5.2(b)(vi)(B)Any period of part-time employment worked in


accordance with this clause; or

9.5.2(b)(vi)(C)Any period of leave or absence authorised by the by the


agreement

9.5.2(c)Eligibility of paternity leave

9.5.2(c)(i) A male employee, upon production to his employer of the


certificate required by paragraph 9.5.2(d), shall be entitled to one or
two periods of paternity leave, the total of which shall not exceed
111043960
18

52 weeks, in the following circumstances:

9.5.2(c)(i)(A)An unbroken period of up to one week at the time of


confinement of his spouse;

9.5.2(c)(i)(B)A further unbroken period ofup to 51 weeks in order to be


the primary care-giver of a child provided that such leave
shall not extend beyond the child's first birthday. This
entitlement shall be reduced by any period of maternity leave
taken by the employee's spouse and shall not be taken
concurrently with that maternity leave.

9.5.2(c)(ii) The employee must have had at least 12 months continuous service
with that employer immediately preceding the date upon which he
proceeds upon either period ofleave.

9.5.2( d) Certification

At the time specified in paragraph 9.5.2(e) the employee must


produce to his employer:

9.5.2(d)(i) A certificate from a registered medical practitioner which names his


spouse, states that she is pregnant and the expected date of
confinement or states the date on which the birth took place;

9.5.2(d)(ii) In relation to any period to be taken under sub-sub-paragraph


9. 5.2(c)(i)(B) hereof, a statutory declaration stating:

9.5.2(d)(ii)(A)He will take that period of paternity leave to become the


primary care-giver of a child;

9.5.2(d)(ii)(B)Particulars of any period of maternity leave sought or


taken by his spouse; and

9 .5.2(d)(ii)( C)F or the period of paternity leave he will not engage in any
conduct inconsistent with his contract of employment.

9.5.2(e) Notice requirements

9.5.2(e)(i) The employee shall, not less than ten weeks prior to each proposed
period of leave, give the employer notice in writing stating the dates
on which he proposes to start and finish the period or periods of
leave and produce the certificate and statutory declaration required
in paragraph 9. 5 .2( d) hereof

9.5.2(e)(ii) The employee shall not be in breach of this paragraph as a


consequence of failure to give the notice required in sub-paragraph
9. 5 .2(e)(i) hereof if such failure is due to:

9.5.2(e)(ii)(A) The birth occurring earlier than the expected date; or

111043960
19

9.5.2(e)(ii)(B) The death ofthe mother ofthe child; or

795.2(e)(ii)(C) Other compelling circumstances.

9.5.2(e)(iii)The employee shall immediately notify his/her employer of any


change in the information provided pursuant to paragraph 9.5.2(d)
hereof.

9.5.2(f) Variation of period of paternity leave

9.5.2(f)(i) Provided the maximum period of paternity leave does not exceed
period to which the employee is entitled under paragraph 9.5.2(c)
hereof:

9.5.2(f)(i)(A)The period of paternity leave provided by sub-sub-


paragraph 9.5.2(c)(i)(B) may be lengthened once only by the
employee with agreement from the employer by giving not
less than 28 days notice in writing stating the period by which
the leave is to be lengthened;

9.5.2(f)(i)(B)The period may be further lengthened by agreement


between the employer and the employee.

7.5.2(f)(ii) The period of paternity leave taken under sub sub-paragraph


9.5.2(c)(i)(B) hereof may, with the consent of the employer, be
shortened by the employee giving not less than 28 days notice in
writing stating the period by which the leave is to be shortened.

9.5.2(g) Cancellation of paternity leave

Paternity leave, applied for under sub-sub-paragraph 9.5.2(c)(i)(B) hereof


but not commenced, shall be cancelled when the pregnancy of the
employee's spouse terminates other than by the birth of a living child.

9.5.2(h) Paternity leave and other leave entitlements

9.5.2(h)(i) Provided the aggregate of any leave, including leave taken under
this subclause, does not exceed the period to which the employee is
entitled under paragraph 9.5.2(c) hereof, an employee may, in lieu
of or in conjunction with paternity leave, take any annual leave or
long service leave or any part thereof to which he is entitled.

9.5.2(h)(ii) Paid sick leave or other paid authorised award absences (excluding
annual leave or long service leave) shall not be available to an
employee during his absence on paternity leave.

9.5.2(i) Effect of paternity leave on employment

Subject to this subclause, notwithstanding any award or other provision to


the contrary absence on paternity leave shall not break the continuity of
service of an employee but shall not be taken into account in calculating
111043960
20

the penod of service for any purpose of any agreement.

9.5.2(j) Termination of employment

9.5.2(j)(i) An employee on paternity leave may terminate his employment at


any time during the period of leave by notice given in accordance
with this agreement.

9.5.2(j)(ii) An employer shall not terminate the employment of an employee on


the ground of his absence on paternity leave, but otherwise the
rights of an employer in relation to termination of employment are
not hereby affected.

9.5.2(k) Return to work after paternity leave

9.5.2(k)(i) An employee shall confirm his intention of returning to work by


notice in writing to the employer given not less than four weeks
prior to the expiration of the period of paternity leave provided by
sub-sub-paragraph 9.5.2(c)(i)(b) hereof.

9.5.2(k)(ii) An employee, upon returning to work after paternity leave or the


expiration of the notice required by sub-paragraph 9.5.2(k)(i)
hereof, shall be entitled to the position which he held immediately
before proceeding on paternity leave, or in relation to an employee
who has worked part-time under this clause to the position he held
immediately before commencing such part-time work.

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

9.5.2(1) Replacement employees

9.5.2(l)(i) A replacement employee is an employee specifically engaged as a


result of an employee proceeding on paternity leave.

9.5.2(l)(ii) Before an employer engages a replacement employee the employer


shall inform that person of the temporary nature of the employment
and of the rights of the employee who is being replaced.

9.5.2(l)(iii) Before an employer engages a person to replace an employee


temporarily promoted or transferred in order to replace an
employee exercising his rights under this subclause, the employer
shall inform that person of the temporary nature of the promotion
or transfer and of the rights of the employee who is being replaced.

9.5.2(l)(iv) Nothing in this subclause shall be construed as requiring an


employer to engage a replacement employee.

9.5.3 Adoption leave


111043960
21

9.5.3(a) Nature of leave

Adoption leave is unpaid leave.

9.5.3(b) Definitions

For the purposes of this paragraph:

9.5.3(b)(i) Employee includes a part-time employee but does not include an


employee engaged upon casual or seasonal work.

9.5.3(b)(ii) 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.

9.5.3(b )(iii)Relative adoption occurs where a child, as defined, is adopted by


a grandparent, brother, sister, aunt or uncle (whether of the whole
blood or half blood or by marriage).

9.5.3(b )(iv)
Primary care-giver means a person who assumes the principal role
of providing care and attention to a child.

9.5.3(b)(v) Spouse includes de facto spouse.

9.5.3(b)(vi Continuous service means service under an unbroken contract of


employment and includes:

9.5.3(b)(vi)(A)Any period ofleave taken in accordance with this clause;

9.5.3(b)(vi)(B)Any period of part-time employment worked in


accordance with this clause; or

9.5.3(b)(vi)(C)Any period of leave or absence authorised by the


agreement.

9.5.3(c) Eligibility

9.5.3(c)(i) An employee, upon production to the employer of the


documentation required by paragraph 9.5.3(d) hereof shall be
entitled to one or two periods of adoption leave, the total of which
shall not exceed 52 weeks, in the following circumstances:

9.5.3(c)(i)(A)An unbroken period ofup to three weeks at the time ofthe


placement of the child;

9.5.3(c)(i)(B)An unbroken period of up to 52 weeks from the time of its


placement in order to be the primary care-giver of the child.
111043960
22
This leave shall not extend beyond one year after the
placement of the child and shall not be taken concurrently
with adoption leave taken by the employee's spouse in
relation to the same child. This entitlement ofup to 52 weeks
shall be reduced by:

9.5.3(c)(i)(B)(l) any period of leave taken pursuant to sub-sub-


paragraph 9.5.3(c)(i)(A) hereof, and

9.5.3(c)(i)(B)(2) the aggregate of any periods of adoption leave


taken or to be taken by the employee's spouse;

9.5.3(c)(ii) The employee must have had at least 12 months continuous service
with that employer immediately preceding the date upon which he or
she proceeds upon such leave in either case.

9.5.3(d) Certification

9.5.3(d)(i) Before taking adoption leave the employee must produce to the
employer:

9.5.3(d)(i)(A)A statement from an adoption agency or other appropriate


body of the presumed date of placement of the child with the
employee for adoption purposes; or

9.5.3(d)(i)(B)A statement from the appropriate government authority


confirming that the employee is to have custody of the child
pending application for an adoption order.

9.5.3(d)(ii) In relation to any period to be taken under sub-sub-paragraph


9.5.3(c)(i)(B) hereof, a statutory declaration stating:

9.5.3(d)(ii)(A)The employee is seeking adoption leave to become the


primary care-giver ofthe child;

9.5.3( d)(ii)(B)Particulars of any period of adoption leave sought or taken


by the employee's spouse; and

9.5.3(d)(ii)(C)For the period of adoption leave the employee will not


engage in any conduct inconsistent with his or her contract of
employment.

9.5.3(e) Notice requirements

9.5.3(e)(i) Upon receiving notice of approval for adoption purposes, an


employee shall notifY the employer of such approval and within two
months of such approval shall further notifY the employer of the
period or periods of adoption leave the employee proposes to take.
In the case of a relative adoption the employee shall notifY as
aforesaid upon deciding to take a child into custody pending an
application for an adoption order.
111043960
23

9.5.3(e)(ii) An employee who commences employment with an employer after


the date of approval for adoption purposes shall notifY the
employer thereof upon commencing employment and of the period
or periods of adoption leave which the employee proposes to take.
Provided that such employee shall not be entitled to adoption leave
unless the employee has not less than 12 months continuous service
with that employer immediately preceding the date upon which he
or she proceeds upon such leave.

9.5.3(e)(iii)An employee shall, as soon as the employee is aware of the


presumed date of placement of a child for adoption purposes but no
later than 28 days before such placement, give notice in writing to
the employer of such date, and ofthe date ofthe commencement of
any period of leave to be taken under sub-sub-paragraph
9.5.3(c)(i)(A) hereof

9.5.3(e)(iv)An employee shall, ten weeks before the proposed date of


commencing any leave to be taken under sub-sub-paragraph
9.5.3(c)(i)(B) hereof give notice in writing to the employer of the
date of commencing leave and the period of leave to be taken.

9.5.3(e)(v) An employee shall not be in breach of this subclause, as a


consequence of failure to give the stipulated period of notice in
accordance with sub-paragraphs 9.5.3(e)(iii) and 9.5.3(e)(iv) hereof
if such failure is occasioned by the requirement of an adoption
agency to accept earlier or later placement of a child, the death of
the spouse or other compelling circumstances.

9.5.3(f) Variation of period of adoption leave

9.5.3(f)(i) Provided the maximum period of adoption leave does not exceed
the period to which the employee is entitled under paragraph
9.5.3(c) hereof:

9.5.3(f)(i)(A)The period of leave taken under sub-sub-paragraph


9.5.3(c)(i)(B) hereof may be lengthened once only by the
employee with agreement form the employer by giving not
less than 28 days notice in writing stating the period by which
the leave is to be lengthened;

9.5.3(f)(i)(B)The period may be further lengthened by agreement


between the employer and employee.

9.5.3(f)(ii) The period of adoption leave taken under sub-sub-paragraph


9.5.3(c)(i)(B) hereof may, with the consent of the employer, be
shortened by the employee giving not less than 28 days notice in
writing stating the period by which the leave is to be shortened.

9.5.3(g) Cancellation of adoption leave

111043960
24

9.5.3(g)(i) Adopt10n leave, applied for but not commenced, shall be cancelled
should the placement ofthe child not proceed.

9.5.3(g)(ii) Where the placement of a child for adoption purposes with an


employee then on adoption leave does not proceed or continue, the
employee shall notify the employer forthwith and the employer shall
nominate .a time not exceeding four weeks from receipt of
notification for the employee's resumption of work.

9.5.3(h) Specialleave

The employer shall grant to any employee who is seeking to adopt a child,
such unpaid leave not exceeding two days, as is required by the employee
to attend any compulsory interviews or examinations as are necessary as
part of the adoption procedure. Where paid leave is available to the
employee the employer may require the employee to take such leave in lieu
of special leave.

9.5.3(i) Adoption leave and other entitlements

9.5.3(i)(i) Provided the aggregate of any leave, including leave taken under
this subclause, does not exceed the period to which the employee is
entitled under paragraph 9.5.3(c) hereof, an employee may, in lieu
of or in conjunction with adoption leave, take any annual leave or
long service leave or any part thereofto which he or she is entitled.

9.5.3(i)(ii) Paid sick leave or other paid authorised award absences (excluding
annual leave or long service leave), shall not be available to an
employee during the employee's absence on adoption leave.

9.5.30) Effect of adoption leave on employment

Subject to this subclause, notwithstanding any award or other provision to


the contrary, absence on adoption leave shall not break the continuity of
service of an employee but shall not be taken into account in calculating
the period of service for any purpose of any relevant award or agreement.

9.5.3(k) Termination of employment

9.5.3(k)(i) An employee on adoption leave may terminate the employment at


any time during the period of leave by notice given in accordance
with this agreement.

9.5.3(k)(ii) An employer shall not terminate the employment of an employee on


the ground of the employee's application to adopt a child or
absence on adoption leave, but otherwise the rights of an employer
in relation to termination of employment are not hereby affected.

9.5.3(1) Return to work after adoption leave

7.5.3(l)(i)(A)An employee shall confirm the intention of returning to


111043960
25

work by notice in writing to the employer given not less than four
weeks prior to the expiration of the period of adoption leave
provided by sub-sub-paragraph 9. 5. 3 ( c)(i)(B) hereof
9.5.3(l)(i)(B) An employee, upon returning to work after adoption leave shall be
entitled to the position held immediately before proceeding on such
leave or in relation to an employee who has worked part-time under
this clause the position held immediately before commencing such
part-time work.

9.5.3(l)(ii) 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 shall be entitled to a position as nearly
comparable in status and pay to that of the employee's former
position.

9.5.3(m) Replacement employees

9.5.3(m)(i) A replacement employee is an employee specifically engaged as a


result of an employee proceeding on adoption leave.

9.5.3(m)(ii)Before an employer engages a replacement employee the employer


shall inform that person of the temporary nature of the employment
and of the rights of the employee who is being replaced.

9.5.3(m)(iii)Before an employer engages a person to replace an employee


temporarily promoted or transferred in order to replace an
employee exercising rights under this subclause, the employer shall
inform that person of the temporary nature of the promotion or
transfer and of the rights of the employee who is being replaced.

9.5.3(m)(iv)Nothing in this subclause shall be construed as requiring an


employer to engage a replacement employee.

9.5.4 Part-time work

9.5.4(a) Definitions

For the purposes of this subclause:

9.5.4(a)(i) Male employee means an employed male who is caring for a child
born of his spouse or child placed with the employee for adoption
purposes.

9.5.4(a)(ii) Female employee means an employed female who is pregnant or is


caring for a child she has borne or a child who has been placed with
her for adoption purposes.

9.5.4(a)(ii Spouse includes a de factor spouse.

9.5.4(a)(iv)Former position means the position held by a female or male


employee immediately before proceeding on leave or part-time
111043960
26
employment under this subclause whichever fust occurs or, if such
position no longer exists _but there are other positions available for
which the employee is qualified and the duties ofwhich he or she is
capable of performing, a position as nearly comparable in status and
pay to that of the position first mentioned in this definition.

795.4(a)(v) Continuous service means service under an unbroken contract of


employment and includes:

9.5.4(a)(v)(A)Any period of leave taken in accordance with this clause;

9.5.4(a)(v)(B)Any period of part-time employment worked in accordance


with this clause; or

9.5.4(a)(v)(C)Any period ofleave or absence authorised by the employer


or by the agreement.

9.5.4(b)Entitlement

With the agreement of the employer:

9.5.4(b)(i) A male employee may work part-time in one or more periods at any
time from the date of birth of the child until its second birthday or,
in relation to adoption, from the date of placement of the child until
the second anniversary of the placement.

9.5.4(b)(ii) A female employee may work, part-time in one or more periods


while she is pregnant where part-time employment is, because of
the pregnancy, necessary or desirable.

9.5.4(b)(iii)A female employee may work part-time in one or more periods at


any time from the seventh week after the date of birth of the child
until its second birthday.

9.5.4(b)(iv In relation to adoption a female employee may work part-time in


one or more periods at any time from the date of the placement of
the child until the second anniversary of that date.

9.5.4(c) Return to former position

9.5.4(c)(i) An employee who has had at least 12 months continuous service


with an employer immediately before commencing part-time
employment after the birth or placement of a child has, at the
expiration of the period of such part-time employment or the first
period, if there is more than one, the right to return to his or her
former position.

9.5.4(c)(ii) Nothing in sub-paragraph 9.5.4(c)(i) hereof shall prevent the


employer from permitting the employee to return to his or her
former position after a second or subsequent period of part-time
employment.
111043960
27

9.5.4(d) Effect of part-time employment on continuous service

Commencement on part-time work under this clause, and return from part-
time work to full-time work under this clause, shall not break the
continuity of service or employment.

9.5.4(e) Pro rata entitlements

Subject to the provisions of this subclause and the matters agreed to in


accordance with paragraph 9.5.4(h) hereof, part-time employment shall be
in accordance with the provisions of this agreement which shall apply pro
rata.

9.5.4(f) Transitional arrangements - annual leave

9.5.4(f)(i) An employee working part-time under this subclause shall be paid


for and take any leave accrued in respect of a period of full-time
employment, in such periods and manner as specified in the annual
leave provisions of this agreement, as if the employee were working
full-time in the class of work the employee was performing as a
full-time employee immediately before commencing part-time work
under this subclause.

9.5.4(f)(ii)(A)A full-time employee shall be paid for and take any annual
leave accrued in respect of a period of part-time employment
under this subclause, in such periods and manner as specified
in this agreement, as if the employee were working part-time
in the class of work the employee was performing as a part-
time employee immediately before resuming full-time work.

9.5.4(f)(ii)(B)Provided that, by agreement between the employer and the


employee, the period over which the leave is taken may be
shortened to the extent necessary for the employee to receive
pay at the employee's current full-time rate.

9.5.4(g) Transitional arrangements - Sick leave

An employee working part-time under this subclause shall have sick leave
entitlements which have accrued under this agreement (including any
entitlement accrued in respect of previous full-time employment)
converted into hours. When this entitlement is used, whether as a part-time
employee or as a full-time employee, it shall be debited for the ordinary
hours that the employee would have worked during the period of absence.

9.5.4(h) Part-time work agreement

9.5.4(h)(i) Before commencing a period of part-time employment under this


subclause the employee and the employer shall agree:

9.5.4(h)(i)(A)That the employee may work part-time;


111043960
28

9.5.4(h)(i)(B)Upon the hours to be worked by the employee, the days


upon which they will be worked and commencing times for
the work;

9.5.4(h)(i)(C)Upon the classification applying to the work to be


performed; and
9.5.4(h)(i)(D)Upon the period of part time employment.

9.5.4(h)(ii) The terms of this agreement may be varied by consent

9.5.4(h)(iii)The terms of this agreement or any variation to it shall be reduced


to writing and retained by the employer. A copy of the agreement
and any variation to it shall be provided to the employee by the
employer.

9.5.4(h)(iv The terms of this agreement shall apply to the part-time


employment.

9.5.4(i) Termination of employment

9.5.4(i)(i) The employment of a part-time employee under this clause, may be


terminated in accordance with the provisions of this award but may
not be terminated by the employer because the employee has
exercised or proposes to exercise any rights arising under this
clause or has enjoyed or proposes to enjoy any benefits arising
under this clause.

9.5.4(i)(ii) Any termination entitlements payable to an employee whose


employment is terminated while working part-time under this
clause, or while working full-time after transferring from part-time
work under this clause, shall be calculated by reference to the full-
time rate of pay at the time of termination and by regarding all
service as a full-time employee as qualifYing for a termination
entitlement based on the period of full-time employment and all
service as a part-time employee on a pro rata basis.

9.5.40) Extension of hours of work

An employer may request, but not require, an employee working part-time


under this clause to work outside or in excess of the employee's ordinary
hours of duty provided for in accordance with paragraph 9. 5. 4(e).

9.5.4(k) Nature of part-time work

The work to be performed part-time need not be the work performed by


the employee in his or her former position but shall be work otherwise
performed under this agreement

9.5.4(1) Inconsistent agreement provisions

111043960
29
An employee may work part-time under this clause notwithstanding any
other provision of this award which limits or restricts the circumstances in
which part-time employment may be worked or the terms upon which it
may be worked including provisions:

9.5.4(l)(i) Limiting the number of employees who may work part-time;

9.5.4(l)(ii) Establishing quotas as to the ratio of part-time to full-time


employees;

9.5.4(l)(iii) Prescribing a minimum or maximum number of hours a part-time


employee may work; or

9.5.4(l)(iv) Requiring consultation with, consent of or monitoring by a union;


and such provisions do not apply to part-time work under this
clause.

9.5.4(m) Replacement employees

9.5.4(m)(i) A replacement employee is an employee specifically engaged as a


result of an employment working part-time under this subclause.

9.5.4(m)(ii)A replacement employee may be employed part-time. Subject to


this paragraph 9.5.4(m), paragraphs 9.5.4(e). 9.5.4(±), 9.5.4(g),
9.5.4(h), 9.5.4(i) and 9.5.4(1) of this subclause apply to the part-
time employment of replacement employee.

9.5.4(m)(iii)Before an employer engages a replacement employee under this


paragraph, the employer shall inform the person of the temporary
nature of the employment and of the rights of the employee who is
being replaced.

9.5.4(m)(iv)Unbroken service as a replacement employee shall be treated as


continuous service for the purposes of sub-paragraph 9.5.4(a)(v)
hereof.

9.5.4(m)(v)Nothing in this subclause shall be construed as reqmrmg an


employer to engage a replacement employee.
9.5.4 (m)(vi) Family leave
Where an employee has a child, mother/ partner or father who is ill
or suffering from an accident, they shall be able to access up to two
days paid sick leave, on the production of a certificate from the
treating physician, and unpaid leave or accrued annual leave to care
for the person as agreed between the mill manager and the
employee up to but not exceeding a period of 4 weeks. Such
agreement shall be in writing between the mill manager and the
employee.

9.6 Jul'y sel'vice

111043960
30

(a) If the employee IS reqmred to attend for Jury sernce dunng


his/her ordinary working hours, then the Employee will be
reimbursed by Visy Paper an amount equal to the difference
between the amount paid in respect of his/her attendance for
such jury service and the amount the Employee would have
received in respect of the time he/she would have worked had
he/she not been on jury service.

(b) The Employee must notify Visy Paper as soon as possible of the
date upon which he/she is required to attend for jury service.
Further the Employee shall give Visy Paper proof of attendance,
the duration of such attendance and the amount received in
respect of such jury service.

10 Termination of Employment
order to terminate the employment of a weekly worker the
employer shall 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


of3 years 2 weeks

Over 3 years and up to the completion


of5 years 3 weeks

Over 5 years 4 weeks

10.2 In addition to the notice listed above hereof, employees over 45


years of age at the time of giving the notice with not less than two
years continuous service, shall be entitled to an additional week's
notice.

10 2 .1(a)(iii) Payment in lieu of the notice prescribed shall be made if the


appropriate notice period is not given. Provided that employment
may be terminated by part of the period of notice specified and part
payment in lieu thereof

10 2.1(a)(iv) In calculating any payment in lieu of notice the wages an employee


would have received in respect of the ordinary time he or she would
have worked during the period of notice had his or her employment
not been terminated shall be used.

10.2.1(a)(v) The period of notice in this clause shall not apply in the case of
dismissal for 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
oftime or for a specific task or tasks.

111043960
31

10.2.1(a)(vi) For the purpose of this clause, period of continuous service means
the period during which the employee has served the employer
under an unbroken contract of employment.

10.2.1(a)(vii) Time off during notice period

Where an employer has given notice of termination to an employee,


an employee shall be allowed up to one day's time off without loss
of pay for the purpose of seeking other employment. The time off
shall be taken at times that are convenient to the employee after
consultation with the employer; this may be in a single day or 2
occasions of not more than 3. 5 hours each.

10.2.1(a)(viii) Statement of employment

The employer shall, upon receipt of a request from an employee


whose employment has been terminated, provide to the employee
written statement specifying the period of his or her employment
and the classification of or the type of work performed by the
employee.

10.2.1(A)(ix) Summary dismissal

Notwithstanding the provisiOns of this agreement hereof the


employer shall have the right to dismiss any employee without
notice for conduct that justifies instant dismissal, including
malingering, inefficiency or neglect of duty and in such cases the
wages shall be paid up to the time of dismissal only.

10.2.l(a)(x) Unfair dismissals

10.2 .. 1(a)(x)(A) Termination of employment by an employer shall not be


harsh, unjust or unreasonable.
10.2.l(a)(xi)(b) Where any such attempt at settlement has failed, or where the
dispute or claim is of such a nature that a direct discussion
between the employee and his or her immediate supervisor
would be inappropriate, the employee shall notify a duly
authorised representative of his or her union, who, if he or
she considers that there is some substance in the dispute or
claim, shall forthwith take the matter up with the employer or
his or her representative.

10.2.l(a)(xi)(c) If the matter is not settled it shall be submitted to the


Australian Industrial Relations Commission which shall
endeavour to resolve the issue between the parties by
conciliation.

10.2.1(a)(xi)(d) Without prejudice to either party, work should continue in


accordance with the award while the matters in dispute are
being dealt with in accordance with this sub-paragraph.
111043960
32

10.2.1(b) Notice of termination by employees

The notice of termination required to be given by a weekly time worker shall be


the same as that required of an employer, save and except that there shall be no
additional notice based on the age of the employee concerned. If an employee
fails to give notice, the employer shall have the right to withhold moneys due to
the employee with a maximum amount equal to the ordinary time rate of pay
for the period of notice. In calculating any payment in lieu of notice the wages
an employee would have received in respect of the ordinary time he or she
would have worked during the period of notice had his or her employment not
been terminated shall be used.

10.2.. 2 Notice to commence

Notice may be given on any day ofthe week provided always that the notice given in
this subclause shall not be given so as to take effect concurrently with any annual
leave to which the employee may be entitled and such notice or payment in lieu of
notice shall be additional to any bonus payable to the employee under clause 10.1 of
this award. For the purposes of this subclause, notice given at or before the
commencement of any day work or shift work shall commence to run from the
beginning of such day or shift and notice given after the commencement of day work
or shift work shall not begin to run until the commencement of the next succeeding
day or shift.

10.. 3 During the probationary period the Employee's employment may be terminated on the
giving of seven (7) days written notice or payment in lieu.

11 Interruption of Work
11.1 Visy Paper may deduct payment for any time the employee cannot usefully be
employed because of a strike by any union or through any breakdown of machinery
or any stoppage of work for any cause for which Visy Paper cannot be held
responsible. Visy Paper will consult with the employees and the Australian Workers
Union before implementing this clause and subject to agreement with the
employees ;the employees may elect to take any accrued leave during this time.

11.2 In the event of work being temporarily stopped by a breakdown of machinery, or by


any cause for which Visy Paper cannot be held responsible, and the Employee
having lost at least two days pay, the Employee may inform Visy Paper of his/her
intention to terminate employment. In these circumstances, the employment shall
be terminated without the Employee being required to give the appropriate notice
required in subclause 10.3 of this Agreement and he/she shall be paid such moneys
as are due to him/her under this agreement.

12 TIME AND WAGES RECORD

121.1(a) Each employer shall keep time and wages records showing:

12.1.1(a)(i) The name and date of birth of each employee;


111043960
33

12.1.1(a)(ii) The name of each award under which the employee has
entitlements;

12.1.1(a)(iii) The classification of the employee.;

12.1.1(a)(iv) Whether the employee's employment is:

full-time;
part-time;
temporary; or
casual

12.1.1(a)(v) The date on which the employees employment began;

12.1.1(a)(vi) The hours worked (including overtime) each day or shift;

12.1.1(a)(vii) On each day or shift when the employee started and ceased work
and the start and cessation of any overtime;

12.1.1(a)(viii) The time of commencing and finishing the meal period. The meal
period before commencing overtime and/or recurring during the
working of overtime;

12.1.1(a)(ix) The rate of remuneration specifying gross, net, overtime and


allowance amounts paid;

12.1.1(a)(x) The amount and purpose of any deductions made;

12.1.1(a)(xi) The leave taken by an employee, the entitlement to leave and the
accrual of leave is listed in the shift roster

12.1.1(a)(xii) The amount and date when superannuation contributions are made
on behalf of an employee and the fund into which they are made.

12.1.1(b) The records ofunion members shall be open for inspection by a duly accredited
official of the union, part to this agreement during the usual office hours at the
office or other convenient place. The inspecting official shall be entitled to take
and carry away a copy of any records but information so gained shall be treated
as confidential except where it is obtained for use in any proceedings under any
Commonwealth, State or Territory Act or in negotiations for the making of an
industrial agreement with an employer not bound by this award. Every record
kept or made under this clause shall for at least seven years after the making of
the record thereon be kept by the employer at their place of business and shall
be there open for inspection under this clause.

12.1.2 Twenty-four hours notice of the intention to inspect the time book shall be given
to the employer whose book is to be inspected.

12.2 RIGHT OF ENTRY FOR UNION OFFICERS


111043960
' '

34

12.2.1 The following shall have power to enter during working hours any part of an
employer's establishment where work covered by this award is done provided that no
more than two persons shall at any one time visit or be in any establishment:

12.2.1(a) The Federal Secretary or Federal Assistant Secretary of the AWU

12.2.1(b) The Secretary ofthe union;

12.2.1(c) An officer or official of the appropriate State or Territory of the umon


accredited in writing by the appropriate State Secretary of the AWU.

12.2.1(d) Any person or persons, not to exceed two, duly authorized by the Registrar or
Deputy Registrar in writing.

12.2.2 Period of authorisation granted by registrar

Any authorisation under paragraph 12.2.1 (d) may, at the discretion of the Registrar
or Deputy Registrar by whom it is granted, be granted generally or for a limited
purpose and time. Any such authorisation granted generally shall be terminable at will
by such Registrar or Deputy Registrar.

12.2.3 Reasons for entering

An employer shall permit any person referred to in clause 12.2 hereof to enter their
factory for the purpose of:

12.2.3(a) Inspecting;

12.2.3(b) Interviewing the employees in regard to their wages, rates and conditions of
employment and/or matters relating to the industry specified in clause 1.6 of
this award, and/or this award;

12.2.3(c) Collecting members' contributions;

12.2.3(d) Posting union notices.

12.2.4 Notice of entry not required

Notwithstanding anything to the contrary contained in subclause 12.2.5 any person or


persons referred to in subclause 12.2.1 hereof shall have the right to enter an
employer's premises without prior notice when such entry is for the purposes only of
collecting union members' contributions and/or posting union notices. The employer
shall be notified of the arrival of such person or persons and he/she or their
representative shall be entitled to accompany such person or persons while they are in
the establishment.

12.2.5 Notice to be given

Except as otherwise provided in subclause 12.2.4 hereof, at least twenty four hours
notice shall be given in the employer or their representative by any such person or

111043960
. '

35

persons prior to their actual going on the premises, and the employer shall be notified
of their arrival, and she/he or representative shall be entitled to accompany any such
person or persons while she/he or they are on the establishment, and shall provide
access to the current wages book and time sheet and records of any employee. Upon
request of the said person or persons the employer or their representative shall
produce or shall permit to be seen any work or part of any work done or in the
course of being done by an employee. The work and duties of the employee shall be
interfered with as little as possible by any such person or persons.

12.2.6 Dispensing with notice

The Registrar or Deputy Registrar shall have power to dispense with the said notice
on special application being made for any cause shown and supported by an affidavit
setting out the facts. A certificate duly signed by the Registrar or Deputy Registrar
stating that such notice has been dispensed with shall be sufficient proof of such fact.

12.2.7 Frequency of visits

Not more than two visits shall be made in any week to any employer's establishment
by authorised persons.

12.2.8 Entry may be refused

If any employer alleges that an authorised person is unduly interfering with the
working of their establishment, or is creating disaffection amongst employees, or is
offensive in their methods, or is committing a breach of any of the previous
conditions, such employer may refuse the right of entry, but a union shall have the
right to bring such refusal before the Australian Industrial Relations Commission,
which may there upon rescind or otherwise deal with such refusal.

12.3 UNION NOTICES

The Union shall be permitted to use a notice board at each establishment for the
posting of notices in a reasonable manner concerning union meetings or other
legitimate union business.

12.3.1 Union Delegates


Not more than 2 delegates chosen by and from the members of the union shall be
allowed the required time in working hours to hold discussions with the employer or
their representative for the purpose of submitting grievances. They will have
necessary access to telephone and fax as required.

13 Redundancy
Refer to attachment 1

14 Superannuation
Superannuation contributions not less than those required under
superannuation guarantee charge legislation will be made by Visy Paper

111043960
36

on behalf of the Employee to the Pratt Industries Superannuation


Retirement Protection Fund for weekly wage workers.

15 Dispute Resolution Procedure

Disputes/grievances arising out of the implementation and/or operation of this Agreement


and/or its provisions shall be discussed between the employee(s) concerned and/or their
representatives and representatives of management within the business unit of the Company.
If the matter remains umesolved, it will be referred for discussions between authorised
Company officers and nominated employee/union representatives and the Australian Workers
Union

If the matter still remains unresolved, it will be referred to the Australian Industrial Relations
Commission for conciliation.

If the matter is not resolved by conciliation, the parties will submit the matter to arbitration by
the Industrial Relations Commission for arbitration.

While the above procedure is being followed, work shall continue without restriction.

The parties shall at all times confer in good faith and without delay.

16 Industrial Clothing
15.1 The standard issue of clothing will comprise four sets incorporating a
combination of the following:

(a) 4 Coverall/overall/trouser- short/long

2 x Sets to be supplied on start of employment

2 x Additional sets to be supplied after six months and a further


set supplied on replacement for fair wear and tear, but not
before the expiry of 1 year.

(b) Polo shirt/shirt - long/short sleeve

2 x Sets to be supplied on start of employment

2 x Additional sets to be supplied after six months thence


replacements based on fair wear and tear, but not before the
expiry of 1 year.

(c) Pullover or Jacket

111043960
37
One to be supphed on start of employment. Additional Item on
replacement for fair wear and tear, but not before the expiry of 1
year.

(d) Logo

Visy Paper logo will be included on all pieces of clothing.

(e) Footwear

2 x pair to be supplied on start of employment. Additional pair


to be supplied on replacement for fair wear and tear.

15.2 Visy Paper will nominate the maximum cost of each article of clothing,
which will be provided to the Employee. Any amount in excess of the
nominated price will be borne by the Employee.

Ill043960
SIGNED by [Australian Workers Union]
in the presence of:

,..-'
.. _

J.-··.·...-1
.. ·
)

.,.....-:
/ /
/ /
). ill!. .
[Name]
Position:
·
.
$.,-". ' __....-'/ .//
.,. 4·///'' /

Address:
· ··,
SIGNED for and on behalf ofVisy )
Paper Pty Ltd (ACN 005 803 234) )
······································································
by an authorised representative in the )
) Position:
G. . "" . t-\ . (2_ . \) ·.._.\j0. (U-r- •
1!!/L . . .
Name (printed): ;111/M
Address:
I 3 1'1 ct{Nt1tf lfvc.
lfstr /J(I/1. ro '\) (I ( ( t0(/4 ..

111043960
ATTACHMENT 2

REDUNDANCY AGREEMENT

"WITHOUT PREJUDICE"
1. PREAMBLE:

The following sets out the details of the redundancy provisions agreed between the Company and the
employees covered by this Agreement. This Agreement shall come into effect from this day and shall
remain in effect until replaced by any other agreement as may be reached between the Company and the
employees and shall replace any existing Redundancy Agreements.

2. PURPOSE OF AGREEMENT

The Parties recognise the serious consequences that loss of employment can have on an individual
employee. This Agreement attempts to minimise those consequences in the manner specified herein.

3. DEFINITION

"Employee" for the purpose of this Agreement means any full time employee of the Company or any
long-term casual employee who works regular hours each week and has been employed on that basis for
more than six months. This excludes seasonal fixed term contracts.

"Completed years of service" for the purposes of this Agreement means an unbroken period of
employment up to the point at which employment is terminated. Employment shall be deemed not to have
been broken where a contract of employment is terminated and recommenced within a period of two
months. Where an employee is granted special leave by the Company, such absence shall not be regarded
as a break in the contract of employment.

Actual time employed shall be used as the basis for calculating leave entitlements.

"Weeks' pay" for the purposes of this Agreement means an employee's ordinary rate of pay. Ordinary
rate does not include overtime, disability allowances, including shift, and other like payments which are
not included for the purposes of calculating overtime or annual leave.

"Company" for the purpose of this Agreement will mean those operating entities listed in Schedule A of
this Agreement.

4. CRITERIA FOR THE SELECTION OF REDUNDANT EMPLOYEES

The Company will nominate those employees to whom continuing employment cannot be offered. This
list will be compiled taking into account a wide number of factors, including the necessity to transfer those
employees whose skills are necessary for the ongoing operation of the Company; the last on first off rule
will be considered as one of and not the sole criteria.

5. NOTICE

Prior to redundancies taking effect, the Company will give the Unions and the affected employees four (4)
weeks notice. Where this is not appropriate, the employee will receive four (4) weeks pay in lieu of
notice. Where an employee is given notice in excess of four (4) weeks and is required to work out the full
period of notice, the employee will receive an additional four (4) weeks pay in lieu of notice.

111043960
Where an employee is made redundant, the following severance payments will be made:

(i) A one off payment of $2,000 to an employee with more than 6 months continuous service.

(ii) Unless the particular Award provides a greater benefit, three weeks' ordinary pay for each
completed year of service up to 10 years service and thence three and one half (3.5) weeks'
ordinary pay for each subsequent year of service in excess of 10 years, and pro-rate payment
for each completed calendar month.

(iii) Annual Leave Loading

Employees will receive the relevant loading percentage on pro-rata annual leave.

(iv) Long Service Leave

All employees with more than five (5) years continuous service will receive pro-rata long
service leave where it is not already a statutory entitlement.

(v) Sick Leave

Employees will receive payment for all untaken sick leave.

7. SUPERANNUATION

Superannuation benefits shall be paid in accordance with the Tmst Deed of the Fund.

8. STATEMENT OF ENTITLEMENT

The Company will provide full details of all calculations for each employee's entitlement at least seven
(7) days prior to tl1e date of termination, except in circumstance where an employee is paid in lieu of
notice. In these circumstances, a statement will be issued on t11e employee's last working day/shift.

9. RELOCATION

Where an employee is required to relocate his/her place of employment as a result of a plant relocation,
he or she shall be given four (4) weeks' notice of t11e requirement to transfer. During this period of
notice, discussions on the relocation will be convened and finalised between the Company and tl1e Union.
These discussions will include negotiations of a disability payment where the relocated employees are
disadvantaged through t11e extra distance travelled or extra time spent travelling.

These discussions will be by way of a hardship committee for four (two employer representatives and two
Union representatives). The c01mnittee will consider any genuine issues of hardship which pay preclude
an employee from relocating.

In the event tl1e committee cannot reach agreement, the parties agree to request the services of an
independent arbitrator or other suitable person. Normal work will continue whilst t11e matter is being
resolved.

An employee who applies for hardship subsequent to being relocated will not be considered if such
application is made more t11an three (3) months after transfer.

10. JOB TRANSFERS

111043960
I o Iruruimse the need for redundancies, the Company m all circumstances will attempt to provide an
alternative job.

Where such job carries a lower rate of pay than an employee's existing rate, then that existing rate will be
maintained until the new job rate surpasses the existing rate of the employee. Tllis maintenance of wage
rate does not apply to shift and other allowances.

11. EMPLOYEE ASSISTANCE

(i) Each employee shall be given a certificate of service detailing employment with the
Company, including any skill advantages.

(ii) By arrangement with the Company, employees under advice of impending redundancy will
be allowed time off for employment interviews. Paid time off to a maximum of one (1) day
per week of notice will be allowed, subject to confirmation of interviews.

(iii) Where practicable, the Company ·will assist employees to secure alternative employment.

(iv) The Company will liaise with the Cmrunonwealth Employment Service Facilities to provide
support to employees facing redundancies and to call on that department's assistance for
processing of applications for Social Security benefits.

(v) It is recognised that employees may arrange alternative employment during this period of
redundancy notice. In these circumstances, the Company will waive the employee's
obligations to work out the remainder of the notice period with payment being made up to
the date ofternlination only.

(vi) The Company will provide a fee of up to $60.00 for an employee to seek professional
financial investment advice. Such fee will be paid direct to an adviser of the employee's
choice.

12. GENERAL

Redundancy and relocation provisions set out in tllis Agreement will not apply to the following:

(i) Employees who voluntarily terminate their employment for reasons other than redundancy
relocation.
(ii) A redundant employee who does not work out Ills notice under the terms of this Agreement
(unless an earlier termination date is mutually agreed upon).
(iii) Where an employee is dislnissed for serious or wilful Inisconduct.

13. UNDERTAKINGS BY UNIONS AND EMPLOYEES

(i) In the light of undertakings made by the Company in tllis Agreement, the Union and
employees will undertake not to impose any bans, lhnitations or restrictions on the
Company as a result of redundancies, retrenchments or relocations.

(ii) In the event of the parties not being able to reach Agreement on issues of interpretation or
any clauses of this Agreement, the parties agree to request the service of the Australian
Industrial Relations Comlnission. Nonnal work will continue while discussions are in
process.

111043960

You might also like