MISCELLANEOUS WORKERS' -
KINDERGARTENS AND CHILD CARE CENTRES, &C. (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Employers'
Federation of New South Wales, and another, industrial organisation of employers.
(Nos. IRC 5273 of 1999 and 391 of 2000)
|
Before Commissioner Redman
|
23 August 2000 and 15
February 2001
|
VARIATION
1. Delete
subclause (iv) of Clause 3, Definitions, of the award published 11 April 1997
(297 I.G. 874), as varied, and insert in lieu thereof the following:
(iv) Temporary
Employee -
(a) means an
employee engaged to work full-time or part-time for a specified period which is
not more than two years but not less than 20 days.
(b) Such employees
shall be engaged solely for the following specified purposes:
(i) to replace
existing employees proceeding on annual leave, maternity leave, long service
leave, workers compensation or leave without pay;
(ii) to occupy
specially funded positions;
(iii) to occupy
positions approved by the Department of Community Services which vary a
centre’s licence;
(iv) to occupy
positions resulting from seasonal employment fluctuations in a locality;
(v) to occupy
positions resulting from increases in enrolments in the second half of the
year.
NOTATION: Employees engaged pursuant to subparagraphs (iv)
and (v), above, shall not be engaged in such a way that would displace existing
employees or future permanent employees.
2. Delete
clause 5, Hours, and insert in lieu thereof the following:
5. Hours
(i) Ordinary
Working Hours - The ordinary working hours, inclusive of crib breaks, shall
not, without payment of overtime, exceed an average of thirty eight per week.
Such hours shall be worked as follows:
(a) Day Workers -
Between the hours of 6.30 a.m. and 6.30 p.m., Monday to Friday inclusive. The
above hours shall be worked on each day in either one or two shifts provided
that the total hours worked on any day shall not exceed eight hours or as
otherwise provided for in Clause 6, Implementation of 38-Hour Week, without
payment for overtime.
(b) Shift Workers
- Fixed shifts of not more than eight hours' duration or, with the agreement of
the employee, as otherwise provided for in clause 6, Implementation of 38-Hour
Week, to be worked on five days of the week, Monday to Sunday inclusive.
(ii) Notification
of Hours - The employer shall, by legible notice displayed at some place
accessible to the employees, notify the ordinary hours of commencing and
ceasing work and the ordinary times of meal or crib breaks. Such hours, once
notified, shall not be changed without the payment of overtime except by seven
days' clear notice to the employee, or by mutual agreement between the employer
and employee to waive or shorten the notice period.
NOTATION: For part time employees see subclause (iii) of
Clause 12, Overtime.
(iii) Rest Pauses
- All employees shall be allowed a rest break of ten minutes per shift between
the second and third hour from starting time and, if the work exceeds seven
hours from starting time the employee shall be allowed a further rest break of
ten minutes, to be taken at a time mutually convenient to the employer and the
employees in the establishment concerned, subject to the provisions relating to
the supervision of children under the Children (Care and Protection) Act
1987.
(iv) Crib Breaks
- Not more than thirty minutes nor less than twenty shall be allowed to
employees each day for a midday crib break between the fourth and fifth hour if
such employee's shift exceeds five hours from commencement of work. Such crib
breaks shall be counted as time worked.
Provided however that employee may, by agreement with the
employer, leave the premises during the crib break. Where such reasonable
request has been made by an employee, the employer shall give favourable
consideration to any such request having regard to the provisions of the Children
(Care and Protection) Act 1987 relating to supervision of children. Such
time away from the premises shall not count as time worked nor shall any payment
be made for such time. A record of unpaid lunch periods shall be kept in the
Time and Wages records.
(v) Unpaid Meal
breaks for those employed on or after 28 August 2000. An
employer may direct an employee engaged on or after 28 August 2000 to take an unpaid meal break
of up to thirty
minutes
between the fourth and fifth hour of the employee’s shift provided that
the shift exceeds five hours and having regard to the provisions of the Children
(Care and Protection) Act 1987 relating to supervision of children. During this unpaid time, the employee may
leave the premises.
(vi) Unpaid Meal
breaks for those employed prior to 28 August 2000. With the prior written agreement of the employee, an employer may direct an employee engaged prior to 28 August 2000 to take an unpaid meal break
of up to thirty minutes between the fourth and
fifth hour of the employee’s shift provided that the shift exceeds five
hours and having regard to the provisions of the Children (Care and Protection)
Act 1987 relating to supervision of children.
The prior agreement of the employee shall be recorded in the time and wages record.
During this unpaid time, the employee may leave the premises.
(vii) Employee
performing duties during meal break. If
an employee is required to perform duties during an unpaid meal break, the
employee shall be paid at time and one half for the time worked with a minimum
payment as for fifteen minutes work.
Where the employee works more than fifteen minutes, the payment shall be
as for thirty minutes.
3. Delete
Clause 6, Implementation of 38 Hour Week, and insert in lieu thereof the
following:
6. Implementation of
38-Hour Week
(A) Ordinary Hours
of Work -
(i) The ordinary
hours of work shall not exceed an average of 38 per week, as provided in clause
5, Hours, of this award.
(ii) In respect of
employees engaged prior to 28 August 2000, the 38-hour week is to be
implemented by the working of a 19 day month in accordance with subclause (B)
of this clause. Provided that, with the consent of the employee, the ordinary
hours of work may be implemented in accordance with subparagraphs (b), (c),
(d), or (e) of paragraph (iii) of this subclause. The consent of the employee
must be in writing and a notation of the consent shall be kept in the time and
wages record.
(iii) In respect of
employees engaged on or after 28 August 2000, ordinary hours of work in
accordance with clause 5, Hours, of this award, may be implemented in one of
the following ways:
(a) by working a
19 day month; or
(b) by working 3 x
10 hour shifts and 1 x 8 hour shift per week; or
(c) by working 4 x
9.5 hour shifts per week; or
(d) by working 5 x
7.6 hour shifts per week; or
(e) by working 4 x
8 hour shifts and 1 x 6 hour shift per week.
(B) 19 Day Month -
(iv) An employee
shall accrue two hours per week or 0.4 of an hour (i.e., 24 minutes) for each
eight hour shift or day worked, to give an entitlement to take an accrued
rostered day off in each four week cycle as though worked.
(v)
(a) Each day of
paid leave taken (including annual leave but not including long service leave
or any period of paid or unpaid stand-down as provided in clause 4 (ii)) and
any public holiday occurring during any cycle of four weeks shall be regarded
as a day worked for accrual purposes. Provided however that accrued days off
shall not be regarded as part of annual leave for any purpose.
(b) Notwithstanding
the provisions of subparagraph (a) of this paragraph, an employee shall be
entitled to no more than 12 paid accrued days off in any twelve months of consecutive
employment.
(c) An employee
who has not worked a complete four week cycle in order to accrue a rostered day
off, shall be paid a pro rata amount for credits accrued for each day worked in
such cycle payable for the rostered day off or, in the case of termination of
employment, on termination (i.e., an amount of 24 minutes for each 8 hour day
worked).
(vi) Subject to
paragraph (v) of this subclause, an employee shall accrue an entitlement to
rostered days off in any twelve months of consecutive employment to the extent
provided in the following table:
|
Number Of Weeks
|
Accrued
|
|
Establishment
|
Days Off
|
|
Open Per Year
|
Per Year
|
|
|
|
|
41 weeks
|
10.25
|
|
42 weeks
|
10.50
|
|
43 weeks
|
10.75
|
|
44 weeks
|
11.00
|
|
45 weeks
|
11.25
|
|
46 weeks
|
11.50
|
|
47 weeks
|
11.75
|
|
48 weeks - 52 weeks
|
12.00
|
(C) Implementation
of 19 Day Month -
(vii) By mutual
agreement between the employer and employee concerned, the employer may fix one
work day in every fourth week as an accrued rostered day off to the extent of
such rostered days off accrued in accordance with paragraph (vi) of this
subclause; or
Accumulation -
(viii) Establishments
Operating 48 - 52 Weeks - The employee may accrue sufficient accrued days off
to enable such days to be taken as rostered days off to a maximum block of five
(5) days at any one time in any twelve (12) months of consecutive employment,
and provided that no two (2) blocks of rostered days off shall follow on
consecutively.
The employee shall take such rostered days off by
mutual agreement with the employer.
(ix) Establishments
Operating 41 - 47 Weeks - An employee may accrue sufficient accrued days off to
the extent accrued in accordance with paragraph (vi) of this subclause to
enable such days to be taken as rostered days off to a maximum block of 7 days
at any one time in any twelve months of consecutive employment. Provided that any days accrued in excess of
7 days in any 12 months of consecutive employment may be subsumed into a period
of paid stand-down provided in clause 4 (ii).
The employee shall take such rostered days off by
mutual agreement with the employer.
(D) Part-time
Employees -
(a) A part-time
employee as defined in clause 3 (ii) who is regularly rostered to work ordinary
hours over five (5) days per week shall accrue an entitlement to rostered days
off in the same ratio of weeks worked to accrued days as set out in paragraph
(vi) of subclause (B) of this clause. A
part-time employee may choose to be paid the appropriate higher hourly rate
(that is a rate based on a 38 hour divisor, as set out in clause 7(ii)) in lieu
of accruing an entitlement to rostered days off subject to mutual agreement
between employer and employee. A
notation of such agreement shall be kept in the Time and Wages Records.
Provided that in respect of part time employees engaged
on or after 28 August 2000, the employer may require that such employee be paid
the higher rate in lieu of the rostered day off.
(b) Where rostered
days off are taken the provisions of subclause (C) of this clause shall apply.
(c) A part-time employee
as defined in subclause (ii) of clause 3, Definitions, who works less than five
(5) days per week shall be paid for all hours worked (on the basis of a 38 hour
divisor) subject to subclause (ii) of clause 9, Wages, in lieu of an
entitlement to rostered days off subject to mutual agreement between the
employer and the employee/s.
(E) Casual
Employees - A casual employee as defined in subclause (iii) of clause 3,
Definitions, shall be paid for all hours worked subject to subclause (iii) of
clause 9, Wages, in lieu of an entitlement to accrued days off prescribed by
this clause.
4. Delete
paragraph (a) of subclause (iv), Part-time Employees, of Clause 9, Wages, and
insert in lieu thereof the following:
(iv) Part-time
Employees -
(a) Rates - For
each hour worked during ordinary time, employees shall be paid the hourly
equivalent of the minimum weekly wage prescribed by this award for the class of
work performed by them. From the first
pay period on or after 28 August 2000 until the first pay period on or after 27
November 2000, part-time employees shall be paid an additional amount of five
per centum for each hour subject to the provisions of paragraph (c) of
subclause (ii) of clause 15, Job Sharing.
Where the phasing out of part-time loading results in a reduction in the
wage rate of a part-time employee, employed as at 28 August 2000, the current
wage rate is to be maintained.
5. Delete
subclause (i), Weekly Employees, of Clause 9, Wages, and insert in lieu thereof
the following:
(i) Weekly Employees
-
(a) Rates - The
minimum rate of pay for the classifications as set out in clause 8,
Classification Structure, shall be the rates as set out, in Table 1 - Wages, of
Part B, Monetary Rates.
(b) The rates of
pay in this award include the adjustments payable under the State Wage Case
2000. These adjustments may be offset against:
(1) any equivalent
overaward payments, and/or
(2) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
6. Delete Clause
10, Additional Rates and Allowances, and insert in lieu thereof the following:
10. Additional Rates
and Allowances
(i) Straight
Shifts - The following additional allowances for shift work shall be paid to
employees in respect of work performed during ordinary hours for shifts as
defined in subclauses (vii), (viii), (ix) and (x) of clause 3, Definitions:
|
|
Percentage
|
|
|
|
|
Early morning shift
|
10
|
|
Afternoon shift
|
15
|
|
Night shift, rotating with day or afternoon shift
|
17.5
|
|
Night shift, non‑rotating
|
30
|
(ii) Broken
Shifts - Employees working broken shifts as provided in paragraph (a) of
subclause (i), of clause 5, Hours, shall be paid the following additional
allowances:
(a) For each
broken shift so worked - a shift allowance in accordance with Item 1 of Table 2
-Additional Rates and Allowances, of Part B, Monetary Rates.
(b) Excess fares
allowance - at the rate in accordance with Item 2 of the said Table 2.
(iii) Uniform
Laundry Allowance - In the event of an employee being required to wear a
uniform such uniform shall be provided by and laundered at the employer's
expense, or, by mutual agreement, such employees shall be paid a uniform
laundry allowance, in accordance with Item 3 of Table 2.
(iv) Cooks
Uniform Laundry Allowance - Where an employer requires a cook to wear an
ordinary white overall or wrap, coat, cap, apron and trousers, usually worn by
cooks, such garments shall be laundered either at the employer's expense or at
the option of the employer, the employee shall be paid a cook’s uniform laundry
allowance, in accordance with Item 4 of Table 2.
(v) First-aid
Certificate -
(a) An employee
employed as at 8 July 1997, other than an employee in pre‑school or out
of school hours care centres which operate for less than 48 weeks, who does not
hold a first-aid qualification and who is required by the employer to obtain
such qualification shall be allowed time off without loss of pay for the
purposes of completing the course required by the employer.
(b) Where an
employee (other than a casual employee) has completed twelve months service
with the employer (or equivalent in the case of job share employees) and the
employee is required by the employer to renew their first-aid certificate
he/she shall be entitled to time off without loss of pay for the purposes of
completing the renewal course where the employee attends the course during
ordinary working hours.
(vi) Qualification
Allowances -
(a) An employee
who has completed successfully the Commercial Cookery Basic Training Course at
the Sydney Technical College or a course deemed by the employer to be an
equivalent qualification, shall be paid an additional allowance in accordance
with Item 5 of Table 2, such amount shall be part of the ordinary rate of pay
for all award purposes.
(b) An employee who
has completed successfully the Hotel and Restaurant Cookery Course at the
Sydney Technical College or a course deemed by the employer to be an equivalent
qualification, shall be paid an allowance in accordance with Item 6 of Table 2,
such amount shall be part of the ordinary rate of pay for all award purposes.
(c) An employee
shall advise the employer of the date of completion of such course as specified
in paragraph (a) and/or (b) of this subclause.
(vii) The rate of
pay for a Support Worker (Qualified Cook) provided for in subclause (i) of
clause 9, Wages, shall include any allowance for the responsibility of
directing or supervising the duties of an assistant cook when such is employed.
(viii) Board and
Lodging - An employer shall not be compelled to board and/or lodge any worker,
but where board and/or lodging are provided the employer shall be entitled to
deduct in respect of all workers the following amounts:
(a) For full board
of 21 meals per week, an amount equal to 18.5 per cent of the adult basic wage.
(b) For full
lodging for seven days per week, an amount equal to seven per cent of the adult
basic wage.
(c) Where by
mutual consent, part board and/or part lodgings are provided the deductions
referred to in paragraphs (a) and (b), of this subclause, may be made on a pro
rata basis. Non‑residential employees shall not suffer any deductions for
meals provided unless by mutual consent.
(ix) Authorised
Supervisor Allowance: An employee (other than a Co‑ordinator Qualified or
a Co‑ordinator) who is required by the employer to act as an Authorised
Supervisor in accordance with the Children (Care and Protection) Act 1997,
shall be paid an amount as set out in Item 8, of Table 2.
7. Delete Part
B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Adult Basic Wage:
$121.40 per week
Table 1 - Rates of
Pay
|
Classification
|
Weekly Rate Of Pay
From First Pay Period On Or After 28 August 2000
|
Weekly Rate Of Pay
From First Pay Period On Or After 27 November 2000
|
|
Support Worker
|
424.90
|
445.40
|
|
Support Worker (Qualified Cook)
|
438.50
|
459.00
|
|
Child Care Worker
|
|
|
|
Step 1
|
420.30
|
440.80
|
|
Step 2
|
424.90
|
445.40
|
|
Step 3
|
429.30
|
449.80
|
|
Step 4
|
433.90
|
454.40
|
|
Advanced Child Care Worker
|
|
|
|
Step 1
|
444.80
|
465.30
|
|
Step 2
|
456.80
|
477.30
|
|
Step 3
|
467.70
|
488.20
|
|
Advanced Child Care Worker -
|
|
|
|
Qualified
|
|
|
|
Step 1
|
507.00
|
527.50
|
|
Step 2
|
516.10
|
536.60
|
|
Step 3
|
525.30
|
545.80
|
|
Co-ordinator - Unqualified Small
|
|
|
|
Step 1
|
464.00
|
484.50
|
|
Step 2
|
476.00
|
496.50
|
|
Step 3
|
486.90
|
507.40
|
|
Co-ordinator - Unqualified Large
|
|
|
|
Step 1
|
473.60
|
494.10
|
|
Step 2
|
485.50
|
506.00
|
|
Step 3
|
496.50
|
517.00
|
|
Co-ordinator - Qualified Small
|
|
|
|
Step 1
|
534.80
|
554.30
|
|
Step 2
|
543.90
|
563.40
|
|
Step 3
|
553.10
|
572.60
|
|
Co-ordinator - Qualified Large
|
|
|
|
Step 1
|
553.90
|
573.40
|
|
Step 2
|
563.00
|
582.50
|
|
Step 3
|
571.20
|
589.70
|
Table 2 - Additional Rates and Allowances from First Pay
Period on Or After 28 August 2000
|
Item
No.
|
Clause
No.
|
Brief Description
|
Amount
$
|
|
1
|
10 (ii)(a)
|
Broken Shift
|
45.30 per week
9.10 per day
|
|
2
|
10 (ii)(b)
|
Excess Fares
|
6.00 per week
|
|
3
|
10 (iii)
|
Uniform: Laundry Allowance
|
3.70 per week
|
|
4
|
10 (iv)
|
Cooks Uniforms: Laundry Allowance
|
5.90 per week
|
|
5
|
10 (vi)(a)
|
Qualification Allowance
Commercial Cookery
Basic Certificate
|
4.50 per week
|
|
6
|
10 (vi)(b)
|
Hotel & Restaurant Cookery Certificate
|
9.60 per week
|
|
7
|
12 (iv)
|
Meal Money
|
4.70 per meal
|
|
8
|
10 (ix)
|
Authorised Supervisor
|
13.20 per week
|
8. This
variation shall take effect from the beginning of the first pay period to
commence on or after 28 August 2000.
J. N. REDMAN,
Commissioner.
___________________
Printed by the authority of the Industrial Registrar.