23. PAYMENT OF WAGES
(a) For weekly employees payment of wages shall be made, on a nominated, day, either weekly or fortnightly, unless agreed between employer and employee in writing. An employee who is kept waiting for his/her pay longer than 15 minutes after the cessation of work on pay day shall be paid at ordinary time work rates for all time he/she is so kept waiting for his/her pay.
(b) For casual employees (as defined) (unless otherwise mutually arranged) payment shall be made not later than 2 hours after the cessation of work. An employee who is kept waiting for his/her pay longer than 2 hours after cessation of work shall be paid at ordinary time work rates for all time he/she is so kept waiting for his/her pay.
23A. PERSONAL LEAVE
The provisions of this clause apply to an employee, other than one engaged as a casual employee in receipt of a loading in lieu of an entitlement to paid leave as specified in Clause 14 – Contract of Employment. The entitlements of casual employees and employees in receipt of a loading in lieu of an entitlement to paid leave are set out in subclause (i) – Casual Employees and Employees in Receipt of a Loading in lieu of Paid Leave – Caring Responsibilities.
The term ‘immediate family’ includes:
(i) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
(ii) child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.
(b) Amount of Paid Personal Leave
(i) Paid personal leave is available to an employee, when they are absent:
(1) due to personal illness or injury; or
(2) for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support or who requires care due to an unexpected emergency.
(ii) The employee shall not be entitled in any year (whether in the employment of one employer or of more), to personal leave credit in excess of 2 weeks of ordinary working time.
PROVIDED that during the first three months of employment, personal leave shall accrue on the basis of 6.66 hours for each completed calendar month of service with the employer;
(iii) For the purpose of administering subclause (b)(iii) of this subclause an employer may within one month of this award coming into operation or within two weeks of the employee entering employment require an employee to make a sworn declaration or other written statement as to what paid leave of absence he/she has had from any employer during the then current year, and upon such statement the employer shall be entitled to rely and act.
(iv) Personal leave shall accumulate from year to year so that the balance of the period specified in subclause (b)(ii) of this clause which has in any year not been allowed to an employee by an employer as paid personal leave shall be credited to the employee and, subject to the conditions hereinbefore prescribed shall be allowed by that employer in a subsequent year without diminution of the personal leave prescribed in respect of that year.
(v) An employer shall not be required to make any payment in respect of accumulated personal leave credits to an employee who is terminated or resigns their employment, or for any time an employee is absent from work without producing satisfactory evidence of personal illness.
(c) Personal Leave for Personal Injury or Sickness
An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.
(d) Personal Leave to Care for an Immediate Family or Household Member
(i) An employee is entitled to use up to 10 days personal leave, including accrued leave, each year to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency, subject to the conditions set out in this clause.
Leave may be taken for part of a single day.
(ii) By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in paragraph (d)(i), beyond the limit set out in paragraph (d)(i). In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.
(e) Employee Must Give Notice
The employee shall, wherever possible, inform the employer of his/her inability to attend for work prior to the commencement of such absence. The employee shall, as far as may be practicable, state the nature of the illness or injury and the estimated duration of the absence;
(f) Evidence Supporting Claim
(i) The employee shall prove to the satisfaction of the employer (or in the event of a dispute the Tasmanian Industrial Commission), that he/she was unable on account of such illness or injury to attend for work on the day or days for which the personal leave is claimed.
(ii) When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, 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.
(g) Personal Leave and Workers’ Compensation
The employee shall not be entitled to such leave of absence for any period in respect of which he/she is entitled to workers' compensation.
(h) Unpaid Personal Leave
Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) per occasion, provided the requirements of subclauses (e) and (f) are met.
(i) Casual Employees and Employees in Receipt of a Loading in lieu of Paid Leave – Caring Responsibilities
Subject to the evidentiary and notice requirements in subclauses (e) and (f), casual employees and employees in receipt of a loading in lieu of paid leave, are entitled to not be available to attend work, or to leave work if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.
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. Casual employees and employees in receipt of a loading in lieu of paid leave are not entitled to any payment for the period of non-attendance.
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.
24. PREFERENCE OF EMPLOYMENT
(a) Preference of employment in respect to employees who are subject to this award shall, subject to anything contained elsewhere in this award, be given equally to persons who are adequately experienced and otherwise competent and who are either:
(i) members of The AWU-FIME Amalgamated Union, Tasmania Branch; or
(ii) persons who are prepared to make application to become a member of The AWU-FIME Amalgamated Union, Tasmania Branch.
(b) If more than one person described in subclause (a)(i) and (ii) of this clause make application for the employment, then the employer shall have absolute discretion to select any one or more such persons.
(c) The owner of the business, their spouse or their children shall not be subject to the provisions of this clause.
(d) Nothing in this clause shall be read as to disadvantage a Conscientious Objector holding a certificate under Section 32(9) of the Industrial Relations Act, 1984.
25. PROTECTIVE CLOTHING
(a) If an employee is required to work in sloppy or muddy conditions, water or wet under foot or in heavy rain he/she shall be provided with wet weather gear and suitable head covering, so as to protect him/her from getting wet.
(b) The employer shall supply to each employee on engagement one pair of protective footwear, and after 3 months service two pairs of overalls and thereafter replacement of clothing and protective footwear shall be on a fair wear and tear basis upon production of the unserviceable item
(c) All other protective clothing or equipment issued must be returned clean and in good order, fair wear and tear excepted, to the employer, on completion of the job or otherwise paid for by the employee.
26. RESOLUTION OF DISPUTES
Any industrial dispute arising during the currency of this award shall be dealt with as follows:
(a) the matter should first be discussed between the employee and the immediate supervisor. At the employee's option his/her delegate may also be present;
(b) if not settled, the matter shall be submitted by the shop steward or union representative to the industrial officer or other appropriate officer of the employer;
(c) if not settled, the matter shall be formally submitted by the State Secretary or other appropriate official of the union concerned to the employer;
(d) if not settled, the matter shall be submitted to the Tasmanian Industrial Commission for determination;
(e) until the matter is determined in accordance with the above procedure, work shall continue normally. All parties to the award, the employer and officials of the unions and their members, will take all possible action to settle any dispute within 7 days of notification of the dispute to the employer;
(f) no party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause.
27. RIGHT OF ENTRY
Right of entry for a duly accredited representative of The AWU-FIME Amalgamated Union, Tasmania Branch shall be in accordance with the provision of Section 77 of the Industrial Relations Act 1984.
Note: The Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005 provides that individual employees generally have the opportunity to choose their own superannuation funds. For further information see the AIRC guidance note — Choice of Superannuation Funds and Award Provisions
(i) The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the Parties.
(ii) An employer shall make an occupational superannuation contribution equivalent to the amount prescribed by Superannuation Guarantee Charge Act 1992 of ordinary time earnings (as defined) into the fund known as TASPLAN (as defined) or Australian Primary Superannuation Fund (as defined) or any other approved fund (as defined) where an exemption has been granted under subclause (d) of this clause.
(iii) Contributions to the fund shall be made by the employer on at least a calendar monthly basis where there are circumstances for which the employer cannot be held responsible.
(iv) Notwithstanding anything elsewhere contained in this clause an employee who is able to demonstrate to the employer their bona fide membership of the religious fellowship known as Exclusive Brethren shall have the contributions defined in subclause (a)(ii) of this clause paid into the fund known as C.I.S. Superannuation Deed BR1188 being a scheme approved by the Insurance and Superannuation Commission.
'Approved Fund' shall mean a superannuation fund or scheme approved in accordance with the Commonwealth Operational Standards for Occupational Superannuation Funds.
‘Australian Primary Superannuation Fund’ shall mean the fund established by Trust Deed Consolidated on 28th February 2004 and approved in accordance with the Commonwealth Occupational Standards for Occupational Superannuation Funds.
'Eligible Employee' means an employee for whom a classification appears in this award whether employed on a full-time or casual basis.
'Ordinary Time Earnings' shall include an employee's classification rate, overaward payments, shift loading, casual loading and any permanent all purpose work related allowance but shall exclude overtime payments, annual leave loading, annual or long service leave payments on termination and allowances paid as a reimbursement of expenses.
'TASPLAN' shall be an approved fund established by Trust Deed made on 24 March 1987 and approved in accordance with the Commonwealth Operational Standards for Occupational Superannuation Funds.
(c) Cessation of Contributions
An employee's eligibility for contributions to the Fund will cease on the last day of employment with the employer and the employer shall not make any contributions to the Fund in respect of any period beyond that last day of employment.
The Tasmanian Industrial Commission may grant an exemption to an employer in accordance with the provisions of the Industrial Relations Act 1984.
(i) For the purposes of this clause, the following companies are exempt from contributing to either TASPLAN or the Australian Primary Superannuation Fund for those employees for whom contributions (equivalent to the amount nominated in subclause (a) have been made into the funds set out below on or prior to 1 January 1992.
In the case of those employees, contributions shall continue to be made in accordance with subclause (a) into the approved funds set out below:
E A Hirt & Co Pty Ltd:
- AMP Superleader Plan.
- National Mutual Personal Superannuation Plan.
R L & G L Langworthy:
- AMP Masterplan.
R H Loane Pty Ltd:
- AMP Masterplan.
Abblitt Pastoral Co Pty Ltd:
- Simple Super Fund (National Mutual).
Viewmont Pty Ltd:
Linden Pty Ltd:
- Viewmont Pty Ltd Superannuation Fund.
- McKenna Bros Superannuation Fund.
30. TIME AND WAGES BOOK
Each employer shall keep a time and wages book in accordance with the Industrial Relations Act 1984 and Regulations.
31. TOOLS AND EQUIPMENT
(a) The employer shall provide all tools and equipment required for the proper performance of the work by the employee. All tools and equipment supplied by the employer shall be returned to the employer during working time.
(b) Upon termination the employee shall return to the employer all tools and equipment supplied by the employer.
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