New south wales industrial gazette

13. Long Service Leave
See Long Service Leave Act 1955.
14. Sick Leave
(a) An employee on weekly hiring who is absent from their work on account of personal illness or on account of injury by accident shall be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations:
(i) An employee shall not be entitled to paid leave of absence under this clause until that employee has completed five ordinary working days worked in the service of the employer concerned, provided that payment for such absence shall not become due and payable until after the employee has completed 20 ordinary working days work in the service of the employer.
(ii) An employee shall not be entitled to paid leave of absence for any period in respect of which that employee is entitled to workers’ compensation.
(iii) An employee shall, within 24 hours of the commencement of such absence, inform the employer of the inability to attend for duty, and as far as practicable state the nature of the injury or illness and the estimated duration of the absence.
(iv) An employee shall provide to the satisfaction of the employer (or in the event of dispute, the Industrial Committee) that they were unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.
(v) An employee shall not be entitled in the first four years of service to leave in excess of 61 hours per year. Provided further, that in the fifth and subsequent years of service such leave shall not exceed 76 hours per year.
(vi) An employee who is absent from work on a working day, which day occurs immediately before or immediately after a rostered day off, shall prove to the satisfaction of the employer (or in the event of dispute, the Industrial Committee) that the employee was unable on account of illness or injury to attend for duty on the day or days for which sick leave is claimed.
(b) Provided further, that where under any scheme of insurance or of an accident relief or provident fund to secure the benefit of which the employer has paid the necessary premium of contribution, compensation becomes payable for absences through sickness, the employer shall not be bound to pay more of such wage than is sufficient with such compensation to make up the full amount for any such days.
(c) Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph (v) of subclause (a) of this clause which has in any year not been allowed to an employee by an employer as paid sick leave may be claimed by the employee and, subject to the conditions hereinbefore prescribed shall be allowed by that employer in a subsequent year without diminution of sick leave prescribed in respect of that year.
(d) Attendance at Hospital - Notwithstanding anything contained in subclause (a) of this clause, an employee suffering injury through an accident arising out of and in the course of that employee’s employment (not being an injury in respect of which that employee is entitled to workers’ compensation) necessitating that person attending during working hours on a doctor, chemist, or trained nurse, or at a hospital, shall not suffer any deduction from that employee’s pay for the ordinary working time so occupied on the day of the accident and shall be reimbursed by the employer all expenses reasonably incurred in connection with such attendance.
(e) Successor, Assignee or Transmittee - Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer’s predecessor at the time when the employer became such successor or assignee or transmittee, the employee in respect of the period during which the employee was in the service of the predecessor shall for the purpose of this clause be deemed to be in the service of the employer.
15. Personal Carer’s Leave
(1) Use of Sick Leave
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 15(1)(c)(ii) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 14, Sick Leave of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.
(b) The employee shall, if required,
(1) establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or
(2) establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.
In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse o r de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:
1. "relative" means a person related by blood, marriage or affinity;
2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave for Family Purpose
(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 15(1)(c)(ii) above who is ill or who requires care due to an unexpected emergency.
(3) Annual Leave
(a) An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
(d) An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.
(4) Time Off in Lieu of Payment for Overtime
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.
(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.
(6) Rostered Days Off
(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the disputes procedure at clause 29, Grievance Procedure, should be followed.
(7) Personal Carers Entitlement for casual employees -
(1) Subject to the evidentiary and notice requirements in 15(1)(b) and 15(1)(d) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 15(1)(c)(ii) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.
(2) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
(3) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
16. Accident Pay
(a) An employer shall, subject to this clause, pay or cause to be paid, and an employee shall be entitled to receive, accident pay in accordance with the provisions of this award when totally or partially incapacitated whether permanently or temporarily by injury. "Injury" and "incapacity" shall have the same meaning as in the Workers’ Compensation Act 1987.
(b) The period of accident pay for any one injury shall be limited to a total of 39 weeks’ payment in respect of any one accident or injury.
(c) The weekly amount of accident pay to which an employee shall be entitled shall be not more than the difference between the employee’s ordinary rate (excluding shift premiums) and the total of any sums paid to the employee under the Workers’ Compensation Act 1987, and any sums earned by the employee in the same employment or otherwise or that the employee is assessed as being able to earn from suitable employment during such period; provided that if the ordinary rate of pay increases during the period when an employee is in receipt of accident pay, then the accident pay payments shall be adjusted in accordance with variations in the ordinary rate of pay.
(d) No accident pay shall be payable in respect of any period of incapacity resulting from an injury occurring during an employee’s first month of service with an employer, provided that if the period of incapacity resulting from such an accident is continuing at the expiration of such one month’s notice, then accident pay will be applicable as from one week after the date of expiration of such qualifying service.
(e) Excepting the proviso contained in the preceding subclause, accident pay for all other employees will be applicable one week after the commencement of a period of incapacity resulting from a recognised workers’ compensation injury.
(f) Accident pay will not be payable in respect of any period of paid annual leave, long service leave, sick leave or for any paid public holiday.
(g) On an injury occurring the employee shall give notice to the employer.
(h) Nothing herein contained shall restrict or remove the employer’s right to require the employee to submit to medical examinations pursuant to the Workers’ Compensation Act 1987 and failure to so submit to examination shall entitle the employer to cancel or suspend payment of accident pay as if such payments were payments under such legislation.
(i) Where a medical referee or Board within the meaning of the Workers’ Compensation Act 1987 certifies that the employee is fit for employment or for specified employment which is made available to or is available to the employee and the employee refuses or fails to resume or perform such employment then all payments of accident pay shall immediately cease and determine from the date of such refusal or failure.
(j) Where accident pay is payable for part of a week only such payments shall be pro-rata to a full week’s entitlement.
(k) Where there is a redemption of weekly payments by the payment under the Workers’ Compensation Act 1987, of a lump sum, there shall be no further liability for accident pay under this clause in respect of an injury (for which weekly payments have been recovered) from the date of the said redemption.
(l) Notwithstanding subclauses (m) and (n) of this clause, any employee who is receiving or who has received accident pay in respect of an injury shall furnish all relevant information to the employer concerning any action they make for damages in respect of that injury and shall if required authorise such employer to obtain information as to the progress of such action or claim from the employee’s solicitors and shall if required provide an irrevocable authority to the employer entitling the said employer to a charge upon any money or moneys payable pursuant to any subsequent verdict or settlement.
(m) Where the employee obtains a verdict for damages against the employer or is paid an amount in settlement of any claim for damages that they have made against the employer in respect of any injury for which they have received compensation under the Workers’ Compensation Act 1987, and accident pay, such employee shall not be entitled to any further accident pay within the meaning of this clause and shall be immediately liable upon payment to the employee or their agent of such verdict for damages or amount in settlement of a claim therefore to repay to the employer the amount of accident pay which the employer has paid in respect of the employee’s injury under this clause and hereby irrevocably authorises the employer to retain from such verdict or amounts in settlement such accident pay and apply it to their own use.
(n) Where the injury for which accident pay is paid was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof and the employee obtains a verdict for damages or is paid an amount of money in settlement of any claim for damages made against that other person, such employee shall immediately upon payment of such verdict or amount of money to the employee or their agent, repay to the employer the amount of accident pay which the employer has paid in respect of the employee’s injury and the employee shall not be entitled to any further accident pay and shall upon the institution of any such claim deliver to the employer an irrevocable authority addressed to such other person, to pay to the employer out of such verdict or settlement the amount of accident pay.
(o) Any employee who is receiving or who has received accident pay paid in respect of any injury shall if required by the employer or other person on their behalf authorise the employer to obtain any information required by such employer concerning such injury or compensation payable in respect thereof from the insurance company that is liable to pay compensation to such employee pursuant to the Workers’ Compensation Act 1987.
(p) Nothing in this clause shall require the employer to insure against their liability for accident pay nor shall it affect the right of the employer to terminate the employment of an employee.
(q) An employee upon being dismissed by the employer whilst absent on workers’ compensation, shall continue to receive accident pay as prescribed therein up to a maximum of 39 weeks, provided that the employee continues to receive compensation payments as prescribed by the Workers’ Compensation Act 1987.
(r) In the event of the rates of compensation payable pursuant to the said Act, being varied at any time after the date hereof, such variations shall not operate so as to increase the amount of accident pay payable hereunder above the amount that would have been payable if such rates of compensation had not been varied.
(s) If the compensation payable to an employee pursuant to the Act is reduced by any amount by reason of the fact that such employee is entitled to receive accident pay or is in receipt of accident pay, then in calculating the amount of accident pay payable to such employee the compensation payable to such employee shall be deemed to be the compensation that would have been received if there had been no such reduction in compensation payments.
(t) The right to be paid accident pay shall terminate on the death of an employee entitled thereto and no sum shall be payable to the legal personal representative, next-of-kin, assignee or dependent of the deceased employee, with the exception of accident pay accrued up to the time of death.
17. Tools of Trade
The employer shall provide tools and implements of trade necessarily required by the employee for the performance of the employee’s duties.
Such aforementioned tools and implements shall remain the property of the employer and any wilful loss or damage due to neglect must be paid for by the employee.
18. Clothing
(a) The employer shall provide leggings, aprons (rubber, plastic, leather or cloth, where suitable), gloves, respirators, thigh boots, or goggles where these are necessarily required by the employee for the performance of the employee’s duties.
Waterproof coats or capes shall be supplied to employees when required to work outdoors in wet weather.
Such aforementioned articles of clothing shall remain the property of the employer and any wilful loss or damage due to neglect must be paid for by the employee.
The conditions of supply of overalls to employees shall be as agreed upon between the union and the individual employers.
(b) Damage to Clothing - In the event of boots or clothing belonging to an employee being damaged or destroyed by fire or corrosive substance outside the normal course of usage of such boots or clothing, compensation to the extent of the damage sustained shall be made by the employer.
(c) Laundry Allowance - Where clothing is supplied by the employer but is not laundered by the employer, employees shall receive a laundry allowance per week as set out in Item 7 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates.
19. General Conditions
(a) Boiling water shall be supplied by the employer at all meal breaks, morning tea breaks and crib breaks.
(b) Hand cream shall be supplied to all employees.
20. Time and Wages Records
(i) Each employer shall keep time and wages records from which can be readily ascertained the name of each employee and their occupation, the hours worked each day, and the wages and allowances paid each week.
(ii) The time occupied by an employee in filling in any time record or cards or in the making of records shall be treated as time of duty, but this does not apply to checking in or out when entering or leaving the employer’s premises.
21. Posting of Notices
(a) The employer shall erect notice boards in a prominent position in the establishment for the purpose of posting any notice therein connection with the legitimate business of the union.
(b) Every employer shall post and keep posted a copy of this award and variations thereof in a place accessible to all employees.
22. Definitions
(a) "Union" means the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.
(b) "Industrial Committee" means the Gelatine and Glue Industry, &c. (State) Industrial Committee.
23. Contract of Employment
(a)
(i) Except as hereinafter provided employment shall be by the week. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.
(ii) Casual Employment - A casual employee is one engaged and paid as such. A casual employee for working ordinary time shall be paid per hour one thirty-eighth of the weekly rate prescribed by this award for the work which the employee performs plus 20 per cent. Casual employment shall cease when the period of employment exceeds four weeks.
The employment of a causal employee may be terminated by the giving of one hour’s notice by either side.
(b) Termination of Employment -
(i) Notice of Termination by Employer -
(1) In order to terminate the employment of an employee the employer shall give to the employee the following notice:

Period of Continuous Service	Period of Notice
1 year or less	1 week
1 year and up to the completion of 3 years	2 weeks
3 years and up to the completion of 5 years	3 weeks
5 years and over	4 weeks

(2) In addition to the notice in subparagraph (1) of paragraph (i) of this subclause, employees over 45 years of age at the time of the giving of the notice with not less than two years’ continuous service, shall be entitled to an additional week’s notice.

(3) Payment in lieu of the notice prescribed in subparagraphs (1) and (2) of paragraph (i) of this subclause 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.
(4) In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had the employee’s employment not been terminated shall be used.
(5) 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 of time or for a specific task or tasks. Provided, further, that in the event of a stoppage through breakdown of machinery or any other cause for which the employer cannot be held responsible, the employer on any day may notify an employee that the employee’s service shall not be required on the following day or days and the employee’s employment shall be temporarily terminated accordingly and the employee shall not be entitled to be paid for the time not worked.
(6) For the purpose of this clause, continuity of service shall be calculated in the manner prescribed by subclause (k) of clause 12, Annual Leave.
(ii) Notice of Termination by Employee - The notice of termination required to be given by an employee 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.
(iii) 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.
(iv) Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of employment and the classification of or the type of work performed by the employee.
(v) Summary Dismissal - Notwithstanding the provisions of subparagraph (1) of paragraph (i) of this subclause 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.
24. Redundancy
(i)
(a) These provisions shall apply in respect of full-time and part-time employees covered by the provisions of this award.
(b) In respect of employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the terms of subclause (v) of this clause.
(c) Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year’s continuous service, and the general obligation on employers shall be not more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
(d) Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.
(ii) Introduction of Change -
(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 the union to which they belong.
(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's 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 this award makes provision for the alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.
(iii) Employer's Duty to Discuss Change -
(a) The employer shall discuss with the employees affected and the union to which they belong, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and 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 the union in relation to the changes.
(b) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said subclause (ii).
(c) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong, 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 adversely affect the employer.
(iv) Discussions Before Terminations -
(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone, pursuant to paragraph (a) of subclause (ii), Introduction of Change, of this clause, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.
(b) The discussions shall take place as soon as practicable after the employer has made a definite decision which will invoke the provision of paragraph (a) of this subclause and shall cover, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.
(c) For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(v) Notice for Changes in Production, Program, Organisation or Structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "program", "organisation" or "structure", in accordance with paragraph (a) of subclause (ii) of of this clause:
(a) In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

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

(c) Payment in lieu of the notice above 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.
(vi) Notice for Technological Change - This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with paragraph (a) of paragraph (ii) of this clause:
(a) In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.
(b) Payment in lieu of the notice above 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.
(c) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.
(vii) Time Off During the Notice Period -
(a) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.
(viii) Employee Leaving During the Notice Period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause as those to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that, in such circumstances, the employee shall not be entitled to payment in lieu of notice.
(ix) Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.
(x) Notice to Centrelink or the appropriate Government Authority - Where a decision has been made to terminate the employment of employees, the employer shall notify Centrelink as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
(xi) Centrelink Employment Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.
(xii) Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii), of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary- time rate for the number of weeks of notice still owing.

(xiii) Severance Pay - Where the employment of an employee is to be terminated pursuant to subclause (v) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service:

(a) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Years of Service	Under 45 Years of Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

(b) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

Years of Service	45 Years of Age and Over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

(c) "Week's pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award.

(xiv) Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount of severance pay than that contained in subclause (xiii) of this clause.
The Industrial Relations Commission of New South Wales shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission of New South Wales thinks relevant, and the probable effect paying the amount of severance pay in the said subclause (xiii) will have on the employer.
(xv) Alternative Employment - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xiii) if the employer obtains acceptable alternative employment for an employee.
25. Bereavement Leave
(i) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person in Australia as prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia, the employee shall be entitled to up to two days bereavement leave if the funeral is attended or one days leave without deduction of pay if the employee does not attend the funeral.
(ii) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (II) of paragraph (c) of subclause (i) of clause 15, Personal/Carer s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

(iv) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.
(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv), (v) and (iv) of the said clause 15. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
(vi) Bereavement entitlements for casual employees
(a) Subject to the evidentiary and notice requirements in 25(ii) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 15(1)(c)(ii) of clause 15, Personal Carer’s Leave.
(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.
26. Jury Service
An employee on weekly hiring required to attend for jury service during the employee’s ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the employee’s attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service. An employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give the employer proof of the employee’s attendance, the duration of such attendance, and the amount received in respect of such jury service.
27. Health and Safety Committees
Health and Safety committees will be set up at each factory with equal representation of employers and employees. Such committees will inquire into and deal with matters relating to health and safety.
28. First-Aid
(a) The employer shall provide and continuously maintain in a place accessible to all employees an efficient first-aid kit.
(b) The employer shall endeavour to have at leave one employee trained to render first-aid in attendance, at all times that work is performed at an establishment.
(c) First-aid Allowance - An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications such as a certificate from St. John Ambulance or similar body shall be paid a weekly allowance as set out in Item 8 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates, for all purposes of the award if the employee is appointed by the employer to perform first-aid duty.
(d) If an employee with the agreement of the employer attends a course of training in first-aid and passes the course the employer shall reimburse the employee for the actual cost of the course and text book expenses incurred.
29. Grievance Procedure
(a) Where an employee or the union delegate has submitted a request or complaint concerning any matter directly connected with employment or job conditions to a foreperson or a more senior representative of management and has not received satisfaction the employee may refer the matter to a union delegate of if the matter has been raised by a union delegate the employee may refer the matter to the appropriate executive of the employer concerned.
(b) The matter shall be discussed between the union delegate and the appropriate executive.
(c) If the matter is not settled between the shop steward and the appropriate executive of the employer the matter shall then be referred by the shop steward to the secretary of the union and a meeting shall be arranged between the employer and if the employer so desires their association and the union and a conference shall take place as soon as possible.
(d) If the matter is not settled in accordance with subclause (c) of this clause, the matter shall be notified to the Industrial Relations Commission of New South Wales in accordance with the Industrial Relations Act 1996.
(e) Where the above procedures are followed, work shall continue normally. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.
(f) Notwithstanding anything contained in the preceding subclauses of this clause the parties shall be free to exercise their rights if the dispute is not finalised without unreasonable delay.
(g) This clause shall not apply to any dispute as to a bona fide safety issue.
30. Parental Leave
(1) Refer to the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
(2) An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:
(a) the employee or employee's spouse is pregnant; or
(b) the employee is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.
(3) Right to request
(a) An employee entitled to parental leave may request the employer to allow the employee:
(i) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;
(ii) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;
(iii) to return from a period of parental leave on a part-time basis until the child reaches school age;
to assist the employee in reconciling work and parental responsibilities.
(b) The employer shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.
(c) Employee's request and the employer's decision to be in writing
The employee's request and the employer's decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to return to work part-time
Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.
(4) Communication during parental leave
(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:
(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and
(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.
(b) The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.
(c) The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a).
31. Superannuation
(a) Definitions:
(i) "ARF" shall mean the Australian Retirement Fund, a Superannuation scheme established and governed by Declaration of Trust dated 11 July 1986, as amended from time to time.
(ii) "Employee" means a full-time weekly hired employee as defined in subclause (i) of clause 23, Contract of Employment.
(iii) "Ordinary Time Earnings" shall mean an employee’s award rate of pay, plus supplementary payments, overaward payments, shift loadings, and allowances which relate to work or conditions but shall not include overtime or allowances paid as a reimbursement.
(b) Employers to Become a Party to ARF:
(i) Each employer bound by this award, shall unless exempt, sign and execute an agreement to become a participating employer.
(ii) Each employer shall become party to ARF upon the acceptance of the trustee of ARF of an agreement to become a participating employer, duly signed and executed by each employer and the trustees of ARF.
(iii) Employers shall make contributions in accordance with subclause (d) of this clause payable to the Administrator of ARF.
(c) Eligibility of Employees:
(i) Date of Becoming Eligible - A weekly hired employee shall be eligible to join ARF on the first day of the calendar month following the commencement of employment, provided that if an employee was eligible to have contributions made in accordance with this award on the employee’s behalf at the employee’s previous place of employment, the employee shall be eligible to join ARF upon appointment.
(ii) Payments for Eligible Employees - Notwithstanding the date upon which an employee signs an application form, contributions shall be made from the date upon which the employee became eligible for membership of an approved fund or 21 March 1989 whichever is the latter.
(d) Contributions
(i) Full-time Weekly Hired Adult Employees - A contribution per week shall be paid by employers for full-time weekly hired adult employees.
(ii) Junior Employees - A contribution per week shall be made for full-time weekly hired junior employees.
(iii) Payment of Contributions - Contributions shall be made at the completion of each calendar month in respect of completed pay periods during that month provided that an initial contribution shall only be made if an employee has completed one calendar month of membership of ARF.
(iv) Unpaid Leave - When an employee is absent on unpaid leave for more than one complete day, then a pro rata deduction for the period of unpaid leave shall be made from the monthly contribution.
(v) Paid Leave - Contributions shall continue during periods of paid leave, including during periods of accident pay as defined in clause 16, Accident Pay. Contributions shall not be paid in respect of accrued annual leave paid on termination, or periods of absence without pay.
32. Anti-Discrimination
(i) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(ii) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of this award which, by its terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specially exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.
(v) This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.
NOTES:
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects....any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
32A. Secure Employment Provisions
(a) Objective of this Clause
The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.
(b) Casual Conversion
(i) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.
(ii) Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.
(iii) Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.
(iv) Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

(v) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

(vi) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:
(1) whether the employee will convert to full-time or part-time employment; and
(2) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.
(vii) Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.
(viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.
(c) Occupational Health and Safety
(i) For the purposes of this subclause, the following definitions shall apply:
(1) A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.
(2) A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.
(ii) Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):
(1) consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;
(2) provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;
(3) provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and
(4) ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.
(iii) Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.
(d) Disputes Regarding the Application of this Clause
Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.
(e) This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.
33. Area, Incidence and Duration
(a) This award shall apply to all classes of persons provided for herein within the jurisdiction of the Gelatine and Glue Industry, &c (State) Industrial Committee.
(b) This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the reviewed Gelatine and Glue Industry (State) Award published 22 February 2002 (331 I.G. 679), and all variations thereof.
(c) The award published 22 February 2002 took effect from 6 June 2001.
(d) The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 18 December 2007.
(e) This award remains in force until varied or rescinded, the period for which it was made having already expired.