CLERKS - PRIVATE SECTOR AWARD 2010

Transcription

1 TIMBER TRADE INDUSTRIAL ASSOCIATION CLERKS - PRIVATE SECTOR AWARD 2010 This summary has been prepared as an easy reading guide for Members of the Timber Trade Industrial Association. It is not intended to replace the award but to be read in conjunction. The TTIA shall not be liable for any loss suffered by the user or any third party as a result of errors or omissions contained in this document. DATE OF EFFECT OF WAGES. 1 July ADULTS Classification Per week $ Casual $ per hour (incl. 25% loading) Level 1 Year Level 1 Year Level 1 Year Level 2 Year Level 2 Year Level Level Level JUNIORS Junior employees must be paid the following percentage of the appropriate wage rate in clause 16. Age % Under 16 years of age years of age years of age years of age years of age years of age 90 Last updated June 2016

2 ANNUAL SALARY INSTEAD OF AWARD PROVISIONS An employer may pay an employee an annual salary in satisfaction of any or all of the following provisions of the award: (i) clause 16 Minimum weekly wages; (ii) clause 19 Allowances; (iii) clauses 27, 28 and 29 Overtime and penalty rates; and (iv) clause 30.3 Annual leave loading. An employee must be better off than they would be under the award over a 12 month period or less if they leave. 3. ALLOWANCES Meal Allowance - First Aid Allowance - $14.98 for overtime which exceeds 1.5 hours without 24 hours notice. If overtime extends beyond 4 hours a further $11.99 is payable. 1.5% of the standard rate (level 2/year 1 in clause 16) - $11.75/wk Car Allowances - the performance of duties must be paid the following allowances: Motor cars: $0.78 per kilometre with a maximum payment as for 400 kilometres per week. The employer must pay all expenses including registration, running and maintenance where an employer provides a motor vehicle which is used by an employee in the performance of the employee s duties. Laundry allowance - $3.55 per week (pro-rata for part-time and casual employees) 4. CASUALS & PART TIME A casual employee must be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed, plus 25%. Minimum payment per start of 3 hours Part-time employees may be engaged on a regular basis working less than full time hours. A minimum of 3 hours for each start must be paid. Changes to days can only be made by one weeks notice. Part-time agreements must specify details and be in writing. Employer and employee to hold copy of agreement. Part-time employee to be entitled to all benefits of the award for a full-time employee except on a proportionate basis. Any hours worked in excess of the rostered hours is paid at overtime. 5. HOURS The ordinary hours of work for day workers are to be an average of 38 per week but not exceeding 152 hours in 28 days, or an average of 38 over the period of an agreed roster cycle. The ordinary hours of work may be worked from 7.00 am to 7.00 pm Monday to Friday and from 7.00 am to pm Saturday. Provided that where an employee is employed in association with other classes of employees who work a five-day week the spread of hours during which ordinary hours can be worked are the hours contained in a modern award which apply to the majority of the employees at the workplace. Employees engaged in a call centre can be rostered to work ordinary hours from midnight Friday to midnight Saturday. Last updated June

3 Not more than 10 hours exclusive of meal breaks (except if paid for at overtime rates) are to be worked in any one day. 38 hours ordinary time per week to be worked between 6.00 am and 6.00 p.m. Monday to Friday and 6.00am to noon Saturday. All time after noon on Saturday is overtime to be paid at double time. This award also provides for hours to be worked over 5 and one half days Monday to Saturday Maximum ordinary time shift is 10 hours unless prior approval is given by the union. 6. MEAL BREAKS Meal break each day of between 30 and 60 minutes. Employees are not to work longer than 5 hours without a break. Employees who work through their lunch break are to be paid at double time. This award now provides for two 10 minute breaks i.e. morning tea or afternoon tea break. 7. OVERTIME Time and one half for the first 2 hours on any one day. Double time thereafter. Overtime for casuals calculated on casual rate of pay. Ordinary time worked on a Saturday is paid at time and one quarter. All work done on a Sunday is paid at double time Time off in lieu of overtime An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime that would otherwise be payable under this clause at a time or times agreed with the employer. Overtime taken as time off during ordinary time hours must be taken at the ordinary time rate that is an hour for each hour worked. An employer must, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under this clause where such time has not been taken within four weeks of accrual. 8. SHIFTWORK Afternoon shift means any shift finishing after 7.00 pm and at or before midnight. Night shift means any shift finishing after midnight, and at or before 7.00 am. Permanent night shift means a night shift which does not rotate with another shift or shifts or day work and which continues for a period of not less than four consecutive weeks. A shiftworker employed on an afternoon shift or a night shift must, for work done during the ordinary hours of any such shift, be paid ordinary rates plus an additional 15% for afternoon or night shift, or an additional 30% for a permanent night shift. Last updated June

4 9. TERMINATION Except in cases of summary dismissal i.e. termination for serious and willful misconduct, employers must give the following notice or pay in lieu: Employee with 1 year's or less service 1 week s notice Employee with 1-3 year's service 2 weeks notice * Employee with 3-5 year's service 3 weeks notice * Employee with 5 year's + service 4 weeks notice * *Employees with more than 2 year's continuous service over 45 years of age are entitled to one additional week s notice or pay in lieu. 10. REDUNDANCY Redundancy payments are now as per the NES as follows: Period of continuous service Severance pay Up to 1 year Nil 1 year and less than 2 years 4 weeks pay 2 years and less than 3 years 6 weeks pay 3 years and less than 4 years 7 weeks pay 4 years and less than 5 years 8 weeks pay 5 years and less than 6 years 10 weeks pay 6 years and less than 7 years 11 weeks pay 7 years and less than 8 years 13 weeks pay 8 years and less than 9 years 14 weeks pay 9 years and less than 10 years 16 weeks pay 10 years and over 12 weeks pay* *Severance pay is less because service of over ten years attracts long service leave. The above redundancy payments do not apply to a small business employer, if the employer employs fewer than 15 employees at the time of the termination. Employers are reminded of the termination of employment and unfair dismissals legislation. If terminating an employee, Members should contact a TTIA Officer for assistance and advice. 11. SICK LEAVE (as per NES) 76 hours per year. Sick leave accrues at the end of every four week period. The calculation for an ordinary month is 38 hours x 4 weeks divided by 26 = hours per month. Sick leave is in accordance with the NES. 12. ANNUAL LEAVE (as per NES) 4 weeks per year and 5 weeks per year for 7-day shift workers / 2 % loading payable during annual leave. Also payable on any annual leave pay due at annual shutdown. Loading is not payable on pro-rata leave on termination. 13. PUBLIC HOLIDAYS All holidays are covered by the NES. The TTIA will provide a list of the gazetted holidays. Last updated June

5 14. SUPERANNUATION Under the award, the preferred funds are CARE, Australian Super or any fund which complies with the Occupational Superannuation Guidelines. Note that relevant contributions as a percentage of ordinary time earnings under the Superannuation Guarantee legislation for 2016/2017 contributions are set at 9.5%. DISCLAIMER: The information in this Wage Rate Summary is prepared by TTIA for its Members only. The information is not a substitute for independent professional advice and you should obtain any appropriate professional advice relevant to your particular circumstances. Your use of the information in this Wage Rate Summary does not affect or reduce any obligation owed to you by a third party or reduce any obligation you owe to any third party. We strive to provide information to members of TTIA that is accurate and we use all reasonable endeavours to ensure that the information in this Wage Rate Summary is not compromised. However, TTIA cannot guarantee the accuracy of the information and we expressly disclaim all and any liability and responsibility to any person, whether a TTIA member or reader of this information in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially on the contents of this information. Last updated June