TASMANIAN INDUSTRIAL COMMISSION · (iii) The Tasmanian Automobile Chamber of Commerce and the...

This document is translated from the original order and is not in itself a legal document. No responsibility is taken for any discrepancy that may arise between this document and the order that was printed and published by the Printing Authority of Tasmania.

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984 s.23 application for award or variation of award

Tasmanian Trades and Labor Council (T8737 of 1999 )

ALL AWARDS CONTAINING SUPPORTED WAGE SYSTEM PROVISIONS OF THE TASMANIAN INDUSTRIAL COMMISSION

FULL BENCH: PRESIDENT F D WESTWOOD COMMISSIONER R J WATLING COMMISSIONER P A IMLACH Award variation - wage rates clause - "Supported Wage System" - adjust minimum amount payable from $45 per week to $51 per week - variations approved - orders to issue - operative from ffpp 1/2/00 ORDER BY CONSENT-

AUTOMOTIVE INDUSTRIES AWARD

No. 1 of 2000 (Consolidated)

CLAUSE 8 IS VARIED AND THE AWARD IS CONSOLIDATED

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1. TITLE This award shall be known as the "Automotive Industries Award". 2. SCOPE This award is established in respect of: (a) automotive engineer; (b) service station proprietor or retailer of motor spirit and oils or service station

proprietor and retailer of motor spirit and oils; (c) builder, repairer, wrecker or seller of motor bodies, motor vehicles, caravans and

trailers; (d) seller of motor vehicles replacement parts and accessories; (e) automotive roadside service; and (f) driving school instruction. PROVIDED that this award shall not include work falling within the scope of the Rubber Trades Award. 3. ARRANGEMENT SUBJECT MATTER CLAUSE NO. PAGE NO. Title 1 2 Scope 2 2 Arrangement 3 2 Date of Operation 4 3 Supersession and Savings 5 3 Parties and Persons Bound 6 4 Definitions 7 5 Wage Rates 8 21 Annual Leave 9 29 Compassionate Leave 10 31 Contract of Employment 11 31 Damage to Clothing and Tools 12 33 Deductions from Wages 13 33 First Aid 14 34 Gear and Equipment 15 34

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Holidays with Pay 16 34 Holiday Work 17 35 Hours 18 35 Mixed Functions 19 37 Notice Board 20 37 Occupational Superannuation 21 37 Overtime 22 38 Parental Leave 23 41 Part A - Maternity Leave 41 Part B - Paternity Leave 46 Part C - Adoption Leave 49 Part D - Part-time Work 54 Payment of Wages 24 58 Piecework 25 58 Posting of Award 26 59 Rest Period 27 59 Right of Entry 28 59 Saturday Work 29 59 Settlement of Disputes 30 60 Shop Steward 31 60 Sick Leave 32 60 Special Rates 33 61 Structural Efficiency 34 63 Sunday Work 35 64 Suspension 36 64 Time and Wages Book 37 65 Training 38 65 Travelling, Accommodation and Use of Motor Vehicles 39 67 Vehicle Salesperson - Conditions for Employees 40 68 Appendix A 74 Appendix B 77 Appendix C 84 4. DATE OF OPERATION This award shall come into operation on and from the first full pay period to commence on or after 1 February 2000. 5. SUPERSESSION AND SAVINGS This award incorporates and supersedes the Automotive Industries Award No. 2 of 1997 (Consolidated), No. 3 of 1997, No. 4 of 1997, No. 1 of 1998, No. 2 of 1998, No. 1 of 1999, and No. 2 of 1999. PROVIDED that no right, obligation or liability incurred or accrued under any of the abovementioned provisions shall be affected by the replacement and supersession.

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6. PARTIES AND PERSONS BOUND Unless otherwise specified, this award shall have application to and be binding upon: (a) all employers (whether members of a registered organisation or not) who are

engaged in the industry specified in Clause 2 - Scope; (b) all employees (whether members of a registered organisation or not) for whom

classifications appear in this award and who are engaged in the industry specified in Clause 2 - Scope;

(c) the following organisations of employees in respect of whom award interest has

been determined:

(i) the Australian Liquor, Hospitality and Miscellaneous Workers Union, Tasmanian Branch and the officers of that organisation and their members who are engaged in the industry specified in Clause 2 - Scope.

(ii) the Australian Municipal, Administrative, Clerical and Services Union and the

officers of that organisation and their members employed in the industry specified in Clause 2 - Scope;

(iii) the Automotive, Food, Metals, Engineering, Printing and Kindred Industries

Union and the officers of that organisation and their members employed in the industry specified in Clause 2 - Scope;

(iv) The Australian Workers' Union, Tasmania Branch and the officers of that

organisation and their members who are employed in the industry specified in Clause 2 - Scope;

(v) the National Union of Workers, Tasmanian Branch and the officers of that

organisation and their members who are employed in the industry specified in Clause 2 - Scope;

(vi) the Shop, Distributive and Allied Employees Association, Tasmanian Branch,

and the officers of that organisation and their members who are employed in the industry specified in Clause 2 - Scope;

(vii) the Transport Workers' Union of Australia, Tasmanian Branch, and the officers

of that organisation and their members who are employed in the industry specified in Clause 2 - Scope;

(d) the following organisations of employers in respect of whom award interest has

been determined:

(i) the Metal Industries Association of Tasmania and the officers of that organisation and their members who are engaged in the industry specified in Clause 2 - Scope;

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(ii) The Retail Traders Association of Tasmania and the officers of that organisation and their members who are engaged in the industry specified in Clause 2 - Scope;

(iii) The Tasmanian Automobile Chamber of Commerce and the officers of that

organisation and their members who are engaged in the industry specified in Clause 2 - Scope; and

(iv) the Tasmanian Chamber of Commerce and Industry Limited.

7. DEFINITIONS (a) General Definitions ‘Act’ means the Industrial Relations Act 1984 as amended from time to time.

‘Casual employee’ means an employee engaged to meet short term labour needs on an irregular basis, as and when required by the employer and by mutual consent between the employer and employee.

‘Confined Space’ means a compartment or space access to which is through a

manhole or similar opening, or a place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position, or without proper ventilation.

‘Motor Vehicle’ means and includes all mechanically propelled vehicles. ‘Service Station’ means and includes all business premises engaged in the sale of

motor spirit and petroleum products. ‘Show Day’ means not more than one local show day observed on an employee’s

ordinary working day, other than a Saturday or a Sunday, in the city, town or district in which the employee is employed; or such other day which, in the absence of such a local show day, is agreed on by the employee and the employer, therefore making a total of 11 paid public holidays per year.

(b) Classification Definitions ‘Automotive parts interpreter (specialist)’ means an adult employee who has

completed a formal course of technical school training in the automotive parts industry regulated by the relevant State Training Authority, and who is required by his/her employer to perform the duties related to automotive parts sales and distribution and who is required in the performance of such duties to have and utilise a detailed knowledge of the workings of a wide range of vehicles and uses such knowledge to interpret the proper application of all component parts as required; or

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an adult employee who has had at least seven years experience in the automotive parts distribution industry who is required by his/her employer to perform the duties related to automotive parts sales and distribution and who is required in the performance of such duties to have and utilise a detailed knowledge of the workings of a wide range of vehicles and uses such knowledge to interpret the proper application of all component parts as required; or is so classified by the Tasmanian Industrial Commission.

‘Automotive parts salesperson (experienced)’ means an employee who has

had three or more years adult experience in the automotive parts industry and who is required by his/her employer to perform the duties related to automotive parts sales and distribution and who in the performance of such duties is required to utilise knowledge of the workings of vehicles and the component parts thereof.

‘Bodymaker’ means a tradesperson engaged on the building, rebuilding, altering,

without the aid of jigs, repairing or customising of passenger and/or commercial vehicle bodies, trailers and other vehicle bodies or chassis in wood/metal and other substitute material.

‘Brake Mechanic’ means a tradesperson who is required to diagnose faults in,

repair and install all types of brake systems of motor vehicles including cars, commercial vehicles and heavy equipment.

‘Commercial Traveller’ means a person who is mainly engaged for the purpose of soliciting orders, obtaining sales leads or appointments or otherwise promoting sales, whilst employed away or substantially away from the employer’s place of business.

‘Electroplater’ means an adult employee who maintains the solutions used and is

responsible for the electroplating of ware. ‘Instrument Mechanic - Automotive’ means a tradesperson who is required to

repair and service all makes and types of automotive instruments. ‘Machinist (metal)’ means a tradesperson who is partly or wholly engaged in

setting up and operating the following machines: lathe, boring machine, milling machine, planing machine, shaping machine, slotting machine, precision grinding machine, and a drilling machine where the operator uses the same precision tools as fitters and turners.

‘Motor Mechanic’ means a tradesperson required to perform work requiring a tradesperson’s skill on the engine and/or transmission and/or on the fuel, induction, exhaust, electrical, steering, suspension and/or braking systems of motor vehicles and other internal combustion powered equipment.

‘Motor Vehicle Salesperson’ means an employee employed in the sale of road

and industrial vehicles, caravans, trailers and/or boats excepting persons principally employed in the sale of motor cycles.

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‘Panel Beater’ means a tradesperson who repairs structural components, frames or panel work of motor vehicles constructed on whole or part from metal, metal alloys or substituted material and includes the formation of panels by hand or process.

‘Radiator Repairer’ means a tradesperson working to prints or drawings or

measurements applying general trade experience or knowledge to the repair or recore of radiators, heating or cooling equipment and the repair of fuel tanks and the custom building of special radiators and fuel tanks.

‘Welder’ means a tradesperson using electric arc or acetylene blowpipe or coal gas

cutting plant on work other than filling castings, cutting scrap metal or using jigs and includes re-welding by hand processes.

‘Wheel Builder and/or Repairer’ means a tradesperson required to build and/or

repair motor vehicle wheels including cutting out and replacing wheel centres, marking out and drilling, machining, welding and truing.

(c) Classification Structure

WAGE GROUP LEVEL 1 Automotive Industry - Repair, Services and Retail Employee Grade 1 (wage relativity to Wage Group Level 6 is 78%) 'Automotive Industry-Repair, Services and Retail Grade 1' is an employee who has undertaken little or no formal or informal training. An employee at this level would acquire/possess skills relevant to the performance of routine duties essentially of a manual nature and to the level of his/her training, and: 1. Performs general labouring and/or cleaning duties; 2. Has basic numeracy skills; 3. Exercises minimal judgement; 4. Works to defined procedures and under direct supervision; 5. May be undertaking structured training so as to enable the employee to progress to a higher level. Indicative of the tasks which an employee at this level may perform are the following:

* cleaning, motor vehicles or premises * washing or polishing by hand, detailing motor vehicles * serving petrol or oils, attending driveway * assisting Automotive Industry - Repair, Services & Retail Employee grade 6 or

higher * assisting parking of motor vehicles

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WAGE GROUP LEVEL 2 Automotive Industry - Repair, Services and Retail Employee Grade 2 (wage relativity to Wage Group Level 6 is 82%) 'Automotive Industry - Repair, Services and Retail Employee Grade 2' is an employee who has completed up to three months structured training to enable an employee to attain/possess job skills relevant to tasks performed at this level, to the level of his/her training, and:

1. Works under direct supervision either individually or in a team environment. 2. Has some oral and written communication skills. 3. Can distinguish where a minor fault/error is made and undertake basic quality

control of own work. 4. Is responsible for the quality of own work subject to routine supervision. 5. Has some input to job planning. 6. Can work from simple instruction. 7. Has some basic customer skills. 8. Performs basic maintenance tasks. 9. Has basic knowledge of the range of services offered by the business. 10. Has simple numerical equipment skills. 11. May use selected hand tools.

Indicative of the tasks which an employee at this level may perform are the following:

* assisting Automotive Industry - Repair, Services and Retail Employee Grade 6 or higher

* fitting tyres * non-trades machining requiring working from drawings or prints * repetition work on any automatic, semi-automatic, or single purpose machine

WAGE GROUP LEVEL 3 Automotive Industry - Repair, Services and Retail Employee Grade 3 (wage relativity to Wage Group Level 6 is 87.4%) Clerical Assistant - Adult Entry Point (wage relativity to Wage Group Level 6 is 87.4%) 'Automotive Industry - Repair, Services and Retail Employee Grade 3' is an employee who has completed 8 modules of a nationally accredited Repair, Services and Retail Certificate or equivalent training, and who uses skills above that of an employee at Wage Group Level 2.

An employee at this level would be expected to have the job skills relevant to the tasks performed and would work with only general supervision of daily duties to the level of his or her training, and:

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1. Where appropriate, use a variety of power and hand tools and/or other

equipment necessary to carry out the relevant tasks. 2. Possess good oral and written communication skills. 3. Is responsible for quality of own work subject to routine supervision. 4. Plans own work in consultation with supervisor. 5. Requires only general job instruction. 6. Possesses customer service skills. 7. Performs basic maintenance tasks. 8. Acquire multiple manual skills. 9. May use various materials handling equipment. 10. Has fault finding skills. 11. Maintains simple numerical records from computer equipment. 12. Can assist with on-the job instruction in conjunction with general supervision. 13. Uses some basic negotiation skills in service areas. 14. Has basic inventory controls. Indicative of the tasks which an employee at this level may perform are the following: * assembling new motor vehicles or parts thereof

* non-trades wheel aligning * polishing or cutting using buff or wet and dry rubber

* steam cleaning * soliciting orders for articles, goods, or materials - commercial traveller with

less than 12 months experience 'Clerical Assistant - Adult Entry Level' is an adult employee (21 years of age and over) with less than 12 months clerical experience either as a junior or adult, and on completion of 12 months clerical experience (whether with one employer or more) such adult employees shall be advanced to a graded position dependent on skills held and position requirement. WAGE GROUP LEVEL 4 Automotive Industry - Repair, Services and Retail Employee Grade 4 (wage relativity to Wage Group Level 6 is 92.4%) Clerical Assistant Grade 1 (wage relativity to Wage Group Level 6 is 92.4%) 'Automotive Industry - Repair, Services and Retail Employee Grade 4' is an employee who performs work above and beyond the skills of an employee at Wage Group Level 3 and would normally have completed 16 modules of a nationally accredited Repair, Services and Retail Certificate or equivalent training.

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An employee at this level is required to work to the level his/her training, and:

1. Works under general supervision, either individually or in team environment. 2. Exercises discretion within his/her level of skills and training. 3. Understands and is responsible for quality of own work. 4. Possesses competent communications and written skills. 5. Intermediate key board skills. 6. Licensed and certified fork lift driving. 7. Customer relation skills. 8. Inventory and store control including:

- Licensed operation of all appropriate materials handling equipment. - Use of tools and equipment within the scope (basic non trades

maintenance). 9. Assists in the provision of on the job training in conjunction with supervisor or

trainer. 10. Possess sales skills appropriate to this level. 11. Has cash register and console operation skills. 12. Where applicable computer operation at a higher level than that of a level 3

employee. Indicative of the tasks which an employee at this level may perform are the

following:

* console Operator * counter sales * driving a mobile crane with a lifting capacity of not more than 6 tonnes * driving a motor vehicle with a makers capacity of not greater than 3 tonnes * driving a motor vehicle with a makers capacity of over 3 tonnes but not more

that 6 tonnes * driving a motor vehicle with a makers capacity of over 6 tonnes but not more

than 11 tonnes * driving a towing vehicle with a makers capacity of not more than 6 tonnes * managing a service station where one or two employees (including the

manager) are employed * receiving, despatching, distributing, sorting, checking, packing, (other that

repetitive packing in a standard container or containers in which such goods are customarily sold), documenting and recording of goods, materials and components

* selling motor vehicles - less than 6 months experience

'Clerical Assistant Grade 1' is an adult employee who may have completed accredited training or has experience to allow: (i) Employees in this grade perform and are accountable for clerical and office

tasks as directed within the skill levels set out. They work within established routines, methods and procedures. Supervision is direct. Employees shall be graded at this level where the principal functions of their employment, as determined by the employer, require the exercise of any one or more of the skill levels set out below:

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Employees may be required to train other employees in the skills of their own

grade and below by means of personal instruction and demonstration. (ii) MACHINE OPERATION - Skill Level 1 Operate telephone/intercom systems, telephone answering machines,

facsimile machines, photocopiers, franking machines, guillotines. (iii) INFORMATION HANDLING SKILLS - Skill Level 1 Receive, sort, open, distribute incoming mail, process outgoing mail, receive

incoming and dispatch outgoing courier mail, deliver messages and documents to appropriate persons/locations;

Prepare and collate documents; Sort and file documents/records accurately in correct location/sequence using

an established paper based filing system. (iv) ENTERPRISE/INDUSTRY, SPECIALIST SKILLS - Skill Level 1 Acquire and apply a limited knowledge of office procedures and requirements.

WAGE GROUP LEVEL 5 Automotive Industry - Repair, Services and Retail Employee Grade 5 (wage relativity to Wage Group Level 6 is 96.2%) Clerical Officer Grade 2 (wage relativity to Wage Group Level 6 is 96.2%) 'Automotive Industry - Repair, Services and Retail Employee Grade 5' is an employee who performs work above and beyond the skills of an employee at Wage Group Level 4 and would have completed 20 modules of a nationally accredited Repair, Services and Retail Certificate or equivalent training. An employee at this level is required to work to the level of his/her training and; 1. Requires minimal supervision. 2. Possesses technical job skills within the level of his/her training. 3. Works from detailed instructions and procedures. 4. Co-ordinates work in a team environment or works individually under limited

supervision. 5. Exercises discretion with his/her level of skills and training. 6. Assists in the provision of on-the job training in conjunction with trades

persons and supervisor/trainers.

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7. May prepare reports and interpret written information relevant to tasks performed.

8. Understands and is responsible for quality of own work. 9. Possesses competent communications and written skills. 10. Possesses technical job skills within his/her level of training. 11. Possesses customer contact skills to perform tasks at this level. 12. Undertakes specialist troubleshooting, problem solving and maintenance skills

at this level. 13. Has multiple manual skills. 14. Can use relevant tools and equipment. 15. Can operate numerical/computer equipment supplied in sales distribution and

repair and servicing and relevant to tasks at this level. 16. Has adequate negotiating skills in sales and services to perform tasks at this

level. Indicative of the tasks which an employee at this level may perform are the

following: * managing a service station where three or four employees (including the

manager) are employed * soliciting orders for articles, goods or materials - commercial traveller, town

or local * automotive parts salesperson - experienced 'Clerical Officer Grade 2' is an adult employee who may have completed nationally accredited training or has experience to allow: (i) Employees in this grade perform clerical and office tasks using a more

extensive range of skills and knowledge at a level higher than required for Clerical Assistant Grade 1. They are responsible and accountable for their own work which is performed with established routines, methods and procedures. Supervision is routine.

Employees shall be graded at this level where the principal functions of their

employment, as determined by the employer, require the exercise of any one or more of the skill levels set out below.


grade and below by means of personal instruction and demonstration. (ii) (1) MACHINE OPERATION - Skill Level 2 Operate adding machines, switchboard, paging system, telex machine,

typewriter and calculator. (2) COMPUTER - Skill Level 1 Use knowledge of keyboard and function keys to enter and retrieve data

through computer terminal.

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(3) KEYBOARD TYPING - Skill Level 1 Utilise basic word processing and typing skills.

(iii) INFORMATION HANDLING SKILLS - Skill Level 2 Maintain established paper-based filing/records systems in accordance with

set procedures including creating and indexing new files, distributing files within the organisation as requested, monitoring file locations;

Transcribe information into records, complete forms, take telephone

messages. (iv) ENTERPRISE/INDUSTRY, SPECIALIST SKILLS - Skill Level 2 Acquire and apply a working knowledge of office or sectional operating

procedures and requirements; Acquire and apply a working knowledge of the organisation's structure and

personnel in order to deal with inquiries at first instance, locate appropriate staff in different sections, relay internal information, respond to or redirect inquiries, greet visitors.

(v) BUSINESS/FINANCIAL SKILLS - Skill Level 1 Keep appropriate records: Sort, process and record original source financial

documents (eg. invoices, cheques, correspondence) on a daily basis; maintain and record petty cash; prepare bank deposits and withdrawals and do banking.

WAGE GROUP LEVEL 6 Automotive Industry - Repair, Services and Retail Tradesperson or Equivalent Grade 1 (wage relativity is 100%) Clerical Officer Grade 3 (wage relativity is 100%) 'Automotive Industry - Repair, Services & Retail Tradesperson or Equivalent Grade 1' is an employee who holds a Trade Certificate, Tradespersons Rights, Certificate or equivalent nationally accredited training. An employee at this level performs work above and beyond the skills of an employee at Wage Group Level 5 and to the level of his/her training, and:

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1. Assists in the provision of on the job training in conjunction with supervisor/trainers.

2. Works under limited supervision either individually or in a team environment. 3. Plans the work of others and solves work planning problems. 4. Is responsible for the quality of his/her own work. 5. Exercises discretion within the scope of tasks performed at this level. 6. Possesses good communication skills. 7. Has keyboard skills relevant to the tasks performed at this level. 8. Understands and applies quality control techniques. 9. Able to inspect products and/or materials for conformity with established

operational standards. Indicative of the tasks which an employee at this level may perform are those performed by a: * Automotive electrician * Automotive parts interpreter (specialist) * Body maker * Brake mechanic * Chassis straightener * Electroplater * Fitter and/or turner * Instrument mechanic-automotive * Machinist - Metal 1st Class * Motorcycle and/or small engine mechanic * Motor mechanic * Motor vehicle salesperson * Painter * Panel Beater * Radiator repairer * Selling motor vehicles - more than 6 months experience. * Signwriter * Trimmer * Welder * Wheel aligner * Wheel builder and/or repairer

'Clerical Officer Grade 3' is an adult employee who may have completed nationally accredited training or has experience to allow: (i) Employees in this grade perform clerical and office tasks using a more

extensive range of skills and knowledge at a level higher than required in Grade 2.

They are responsible and accountable for their own work, which is performed

within established guidelines, they exercise limited discretion within the range of their skill and knowledge. Supervision is general.

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Employees shall be graded at this level where the principal functions of their employment, as determined by the employer, require the exercise of any one or more of the skill levels set out below.


grade and below by means of personal instruction and demonstration. (ii) (1) MACHINE OPERATION - Skill Level 3

Operate computerised radio telephone equipment, micro/personal computer, printing devices attached to personal computer, dictaphone equipment, typewriters.

(2) KEYBOARD TYPING - Skill Level 2 Produce documents and correspondence using knowledge of standard

formats. (3) COMPUTER - Skill Level 2 Use one software application package developed for a micro/personal

computer to operate and populate a database, spreadsheet/worksheet to achieve a desired result; use simple menu utilities of personal computer.

Following standard procedures or template for the preceding functions

using existing models/fields of information. Create, maintain and generate simple reports, or

Use a central computer resource to an equivalent standard. (4) WORD PROCESSING - Skill Level 1 Use one software package to create format, edit, proof read, spell

check, correct, print and save text documents, eg. standard correspondence and business documents.

Apply additional functions such as search and replace, variable fonts,

moving and merging across documents and simple maths.

(iii) SECRETARIAL - Skill Level 1

Arrange travel booking itineraries, make appointments, screen telephone calls, follow visitor protocol procedures, establish telephone contact on behalf of executive.

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(iv) ENTERPRISE/INDUSTRY, SPECIALIST SKILLS - Skill Level 3

Able to acquire and apply a working knowledge of the organisation's products/services, functions, locations and clients.

Respond to and act upon most internal/external inquiries in own function area.

(v) INFORMATION HANDLING SKILLS - Skill Level 3

Use a computer-based record management system to identify, access and extract information from internal sources.

(vi) BUSINESS/FINANCIAL SKILLS - Skill Level 2 Maintain financial records and journals; prepare accounts payable for

authorisation; respond to simple account queries from debtors.

WAGE GROUP LEVEL 7 Automotive Industry - Repair, Services & Retail Tradesperson or Equivalent Grade 2. (wage relativity to Wage Group Level 6 is 108%) Clerical Officer Grade 4 (wage relativity to Wage Group Level 6 is 108%) 'Automotive Industry - Repair, Services and Retail Tradesperson or Equivalent Grade 2' is an employee who has completed 5 modules towards a post-trade certificate. An employee at this level exercises skills above that of an employee at Wage Group Level 6 consistent with their training, and: 1. Exercises the appropriate skills attained through the satisfactory completion of

training prescribed by the above modules. 2. Is able to provide trade guidance and assistance in environment. 3. Is responsible for the quality of own work. 4. Works under limited supervision, individually or in environment. 5. Performs fault-finding specialist and problem solving skills above that of a

tradesperson Grade 1. This grade shall also apply to the following tasks: * managing a service station where 5 or more employees (including the

manager) are employed * managing a store where 5 or more employees (including the manager) are

employed

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* soliciting orders for articles, goods, or materials - commercial traveller, country - which shall mean a commercial traveller who is required to spend at least two nights per week away from his or her normal place of residence or home town.

'Clerical Officer Grade 4' is an adult employee who may have completed nationally accredited training or has experience to allow: (i) Employees in this grade perform clerical and office tasks using a more

extensive range of skills and knowledge at a level higher than required in Grade 3. They are responsible and accountable for their own work, and exercise discretion and initiative in the organisation of work within prescribed limits Supervision is limited.


employment, as determined by the employer, require the exercise of any one or more of the skill levels set out below.


grade and below by means of personal instruction and demonstration. (ii) (1) KEYBOARD TYPING - Skill Level 3

Format complex documents including technical data, technical language, tables, graphs, text design, indexing, variable type face; produce documents requiring specified form or to comply with regulations or standards.

(2) COMPUTER - Skill Level 3 Use two or three software packages at a standard equal to Skill Level 2,

including database, communications, accounting, payroll/personnel, spread sheets, graphics and other applications; or

apply knowledge of intermediate functions to manipulate data, ie.

modify fields of information, develop new basic databases or spreadsheet models; perform reconciliation.

(3) WORD PROCESSING - Skill Level 2 Use two software packages enabling application of functions such as

search and replace, variable fonts, moving and merging across documents, text columns, money columns, tables, Macro's, sorting and intermediate maths functions.

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Manage executive appointments; screen telephone calls; respond to invitations; organise internal meetings on behalf of executive; establish and maintain reference lists/personal contact systems for executives.

(iv) ENTERPRISE/INDUSTRY, SPECIALIST SKILLS -Skill Level 4

Provide detailed advice and information on the organisation's products and services; respond to client/public/supplier and internal organisation inquiries, within own function area, using such techniques as personal interview and liaison; explain organisation's viewpoint to client's and appropriate persons related to their own function area.

Acquire and use specialist vocabulary, ie. technical/medical/legal within the scope of this grade.


Maintain a computer-based records management system or create new forms of files and records as required.

Access, identify and extract information as required from internal and external

sources, eg. databases, libraries, local authorities. (vi) BUSINESS/FINANCIAL SKILLS - Skill Level 3 Prepare cash payment summaries, banking reports; apply purchasing and

inventory control requirements; reconcile debtors, creditors and general ledger accounts to balance; follow-up unpaid accounts by telephone liaison/interview, prepare documentation on overdue accounts for senior officers or referral to debt recovery processes; calculate wage and salary requirements including tax, superannuation and other deductions and transfer payments for authorisation; prepare bank reconciliations.

(vii) SUPERVISORY- Skill Level 1 Allocate work tasks to individuals, check work progress and correct errors.

Normally five or more subordinates would be involved. WAGE GROUP LEVEL 8 Automotive Industry - Repair, Services & Retail Tradesperson or EquivaIent Grade 3. (wage relativity to Wage Group Level is 115%) Clerical Officer Grade 5 (wage relativity to Wage Group level is 115%)

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'Automotive Industry - Repair, Services & Retail Tradesperson or Equivalent Grade 3' is an employee who holds an appropriate post trade certificate or equivalent and exercises skill above that of an employee at Wage Group Level 7, and; 1. Is required to work to the competencies determined at this level of training. 2. Plans the work of others and solves work planning problems. 3. Assists with on the job training in conjunction with supervisors. 4. Understands and is responsible for quality of own work. 5. Works on machines or equipment which utilise complex mechanical/hydraulic/

electrical/electronic circuitry and controls or combination thereof. 6. Works under limited supervision. 'Clerical Officer Grade 5' is an employee who may have completed nationally accredited training or has experience to allow: (i) Employees in this grade perform clerical and administrative duties using a

more extensive range of skills and knowledge at a level higher than required in Grade 4. They are responsible and accountable for their own work, and may have limited responsibility for the work of others. They exercise initiative, discretion and judgement within the range of their skills and knowledge. Supervision is minimal.


employment, as determined by the employer, require the exercise of any one or more of the skill levels numbered set out below.


grade and below by means of personal instruction and demonstration. (ii) (1) COMPUTER - Skill Level 4

Employees at this level are able to use two or three software packages on a micro/personal computer to a standard equal to Skill Level 3 in each; or

use a central computer resource to an equivalent standard; or assist in operating a mainframe computer; and/or (2) WORD PROCESSING - Skill Level 3

Employees are able to use complex functions such as moving columns, creating displays of charts or graphs, booklet or report format on ONE software package; or

apply knowledge of advanced functions defined in Skill Level 2 using

TWO software packages.

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Attend executive/organisational meetings and take minutes; establish current and working and personal executive filing system, answer correspondence from verbal or rough handwritten instructions, organise teleconferences.

(iv) ENTERPRISE/INDUSTRY, SPECIALIST SKILLS - Skill Level 5 Employees at this level are able to apply working knowledge of industrial /

employment law, equal opportunity, workers compensation procedures and superannuation requirements


Employees at this level are able to establish new paper based/manual filing

records systems for the enterprise; assist in separate undertaking research (locate/solicit, summarise/extract and interpret information) related to function areas.

Compose original business correspondence from minimal instructions. (vi) BUSINESS FINANCIAL SKILLS - Skills Level 4 Employees at this level are able to post transactions to ledger and prepare a

trial balance; prepare financial/tax schedules; calculate costings, stock pricing; complete personnel/payroll data for authorisation; calculate stock valuation; calculate costings using established formulae for all inputs and margins.

(vii) SUPERVISORY - Skill Level 2 Employees at this level are able to assist in the development of work quality

and performance in a team environment; solve operational problems in own work functional area, co-ordinate work flow within a section or unit, and counsel and advise staff who are under direct supervision.

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8. WAGE RATES (a) Adults Adult employees shall be paid in accordance with the following classification

structure which shall be read in conjunction with the classification definitions contained in Clause 7 - Definitions.

Wage Group Level

Base Rate

Relativity

Base Rate

Safety Net Adjustment

Weekly Wage Rate

% $ $ $ Level 1 78 325.40 60.00 385.40 - Automotive Industry RS&R Grade 1 Level 2 82 342.10 60.00 402.10 - Automotive Industry RS&R Grade 2 Level 3 87.4 364.60 60.00 424.60 - Automotive Industry RS&R Grade 3 - Clerical Assistant / Adult Entry Point Level 4 92.4 385.50 60.00 445.50 - Automotive Industry RS&R Grade 4 - Clerical Assistant Grade 1 Level 5 96.2 401.30 60.00 461.30 - Automotive Industry RS&R Grade 5 - Clerical Officer Grade 2 Level 6 100 417.20 75.00 477.20 - Automotive Industry RS&R Tradesperson or Equivalent Grade 1 - Clerical Officer Grade 3 Level 7 108 450.60 60.00 510.60 - Automotive Industry RS&R Tradesperson or Equivalent Grade 2 - Clerical Officer Grade 4 Level 8 115 479.80 58.00 537.80 - Automotive Industry RS&R Tradesperson or Equivalent Grade 3 - Clerical Officer Grade 5

(b) Tool Allowance All employees that are engaged in classifications that are proclaimed as trades

under the Vocational Education and Training Act 1994, shall either be supplied with

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all tools by the employer or be paid a tool allowance of not less than $9.00 per week.

PROVIDED that such allowance shall not be the subject of adjustment when

computing payments for shift penalty rates for weekend or holiday work for overtime or for any other purpose.

(c) Leading Hands In charge of 2 employees - $13.80 per week extra; In charge of not less than 3 employees and not more than 10 employees - $18.90

per week extra; In charge of not less than 10 employees and not more than 20 employees - $28.20

per week extra; In charge of more than 20 employees - $36.20 per week extra. (d) Junior Employees other than Apprentices

(i) The minimum weekly wage rate for a junior employed in the tasks set out below, shall be the undermentioned percentages of the Weekly Wage Rate, Automotive Industry- Repair, Services and Retail Employee, Level 3:

Age % 16 years of age and under 45 17 years of age 55 18 years of age 70 19 years of age 80 20 years of age 90

Clerical Employee Counter Salesperson Driver of a mobile crane Driver of a motor vehicle and/or towing vehicle

(ii) The minimum weekly wage rate for a junior employed in all other tasks shall

be the undermentioned percentages of the Weekly Wage Rate, Automotive Industry - Repair, Services and Retail Employee, Level 1:

Age % 16 years of age and under 45 17 years of age 50 18 years of age 62.5 19 years of age 75 20 years of age 87.5

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(e) Minimum Wage

(i) Notwithstanding the provisions of Clause 8 (a) hereof, no adult employee shall be paid less than the rate of $317.40 per week.

(ii) PROVIDED that payments for overtime, special rates, holiday and weekend

penalties and shift allowances prescribed in this award shall not be taken into account in the calculation of such minimum weekly wage rates of pay.

Where a minimum weekly wage rate as aforesaid is applicable to an employee

for work in ordinary hours the same rate shall be applicable to the calculation of overtime and all other penalty rates, payments during sick leave and annual leave, and for all other purposes of this award.

(f) Apprenticeship Junior Employees shall not be employed in the following occupations otherwise than

under a contract of apprenticeship as hereinafter provided:

. Automotive Electrician

. Automotive Machining

. Body Making

. Motor Cycle & Small Engine Mechanics

. Motor Mechanics

. Panel Beating

. Springsmithing

. Trimming

. Vehicle Painting

. Diesel Mechanics Probationary Period

Junior Employees may be taken on probation for three months and, if apprenticed,

such three months shall count as part of their period of apprenticeship. An employer shall, within 14 days of employing a probationer, notify the Tasmanian State Training Authority of the employment of such probationer in any of the trades mentioned.

Wages The minimum weekly wage rate to be paid by employers to apprentices and other

junior workers not elsewhere provided shall be the undermentioned percentages of Automotive Industry RS&R Tradesperson Level I:

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% First year 42 Second year 55 Third year 75 Fourth year 88 The said minimum weekly wage rates shall be calculated to the nearest 10 cents,

any fraction of 10 cents not exceeding 5 cents to be disregarded.

Payment by Results

An apprentice shall not work under any system of payment by results. The employer shall be responsible for reimbursement of fees and levies paid by an

apprentice as an integral part of the training of that apprentice provided:

(i) the apprentice produces receipts as proof of payment of such fees or levies;

(ii) the apprentice produces a report from TAFE which demonstrates a good attendance record, good conduct and a satisfactory performance result.

Such reimbursement shall occur at the successful conclusion of each year of

apprenticeship. (g) Adult Apprentice

(i) Definition

For the purposes of this award an adult apprentice means a person 21 years of age or over at the time of entering into an indenture to one of the trades specified in Clause 8 - Wage Rates of this award.

(ii) Wage Rate

(1) Where a person was employed by an employer in the automotive

industry immediately prior to becoming an adult apprentice with that employer, such person shall not suffer a reduction in the rate of pay by virtue of becoming indentured. For the purpose only of fixing a rate of pay the adult apprentice shall continue to receive the rate of pay that is from time to time applicable to the classification or class of work specified in Clause 8 - Wage Rates of the award and in which the adult apprentice was engaged immediately prior to entering into the contract of indenture.

(2) Subject to paragraph (i) hereof the rate of an adult apprentice shall be

the minimum weekly wage rate prescribed in Clause 8 - Wage Rates or the rate prescribed by the appropriate subclause for the relevant year of apprenticeship whichever is the greater.

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(iii) Preference

(1) Preference of employment as an adult apprentice should be given to an

applicant who is currently employed by the employer so as to provide for genuine career path development.

(2) Adult apprentices shall not be employed at the expense of other

apprentices.

(iv) Review

Parties to the award agree that a jointly conducted comprehensive review of the effectiveness of adult apprenticeships shall be undertaken to determine whether or not adult apprenticeships should continue in their existing form. One issue to be considered is the age at which persons will be regarded as adult apprentices.

(h) Supported Wage System (i) Eligibility criteria

Subject to this subclause an employer may engage employees at a supported wage rate (as set out in paragraph (iii) of this subclause) who meet the impairment criteria for receipt of a Disability Support Pension and who, because of their disability, are unable to perform the range of duties to the competence level normally required for the class of work for which they are engaged.

PROVIDED that this subclause does not apply to any existing employee who

has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment.

PROVIDED FURTHER that this subclause does not apply to employers in

respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the above Act, or if a part only has received recognition, that part.

(ii) For the purposes of this subclause: (1) “Supported Wage System” means the Commonwealth Government

System to promote employment for people who cannot work at full award wages because of a disability.

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(2) “Accredited Assessor” means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.

(3) “Disability Support Pension” means the pension available under the

Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

(4) “Assessment instrument” means the form provided for under the

Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

(iii) Supported wage rates

Employees to whom this subclause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:

Assessed capacity % of prescribed award rate (paragraph (iv))

10% 10 20% 20 30% 30 40% 40 50% 50 60% 60 70% 70 80% 80 90% 90

(Provided that the minimum amount payable shall be not less than $51 per week.) (iv) Assessment of capacity

For the purpose of establishing the percentage of the award rate to be paid to a supported wage employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

(1) the employer and a union party to the award, in consultation with the

employee or, if desired by any of these; (2) the employer and an accredited Assessor from a panel agreed by the

parties to the award and the employee.

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(v) Lodgment of assessment instrument

(1) All assessment instruments under the conditions of this subclause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Tasmanian Industrial Commission.

(2) All assessment instruments shall be agreed and signed by the parties to

the assessment, provided that where a union which is party to the award, is not a party to the assessment, it shall be referred by the Registrar of the Tasmanian Industrial Commission to the union by certified mail and shall take effect unless an objection is notified to the Registrar of the Tasmanian Industrial Commission within 10 working days.

(vi) Review of assessment The assessment of the applicable percentage shall be subject to annual review

or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

(vii) Other terms and conditions of employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the supported wage provisions of this subclause shall be entitled to the same terms and conditions of employment as all other workers covered by this award who are paid on a pro rata basis.

(viii) Workplace adjustment

An employer wishing to employ a person under the provisions of this subclause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

(ix) Trial Period (1) In order for an adequate assessment of the employee’s capacity to be

made, an employer may employ a person under the provisions of this subclause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

(2) During that trial period the assessment of capacity shall be undertaken

and the proposed wage rate for a continuing employment relationship shall be determined in accordance with paragraphs (iv) and (v).

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(3) The minimum amount payable to the employee during the trial period

shall be no less than $51 per week or such greater amount as is agreed from time to time between the parties.

(4) Work trials should include induction or training as appropriate to the job

being trialed. (5) Where the employer and employee wish to establish a continuing

employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under paragraph (iii) hereof.

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9. ANNUAL LEAVE (a) Period of Leave A period of 152 consecutive hours’ leave shall be allowed annually to an employee

after 12 months' continuous service (less the period of annual leave). (b) Annual Leave Exclusive of Public Holidays

(i) Subject to this subclause, the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by Clause 16 - Holidays with Pay hereof, and if any such holiday falls within an employee's period of annual leave and is observed on a day which, in the case of that employee, would have been an ordinary working day, there shall be added to the period of annual leave, time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday.

(ii) Where a holiday falls as aforesaid and the employee fails without reasonable

cause, proof whereof shall be upon the employee to attend for work at his or her ordinary starting time on the working day immediately following the last day of the period of his or her annual leave the employee shall not be entitled to be paid for any such holiday.

(c) Calculation of Continuous Service For the purpose of this clause, service shall be deemed to be continuous

notwithstanding:

(i) any interruption or termination of the employment by the employer if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;

(ii) for the purpose of this clause, service shall be deemed to be continuous

notwithstanding any absence from work on account of personal sickness or accident. In calculating the period of 12 months continuous service any such absence as aforesaid shall not, except to the extent of not more than 91 days in any 12 monthly period, be taken into account in calculating the period of 12 months continuous service;

(iii) any absence with reasonable cause, proof whereof shall be upon the

employee or leave lawfully granted by the employer, but such absence shall not be taken into account in calculating the period of 12 months' continuous service.

(d) Proportionate Leave on Termination of Service If after one month's continuous service in any qualifying 12 monthly period an

employee lawfully leaves employment, or the employment is terminated by the

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employer through no fault of the employee the employee shall be paid at the ordinary rate of wage at the rate of:

12.66 hours for each completed month of continuous service (e) Payment in Lieu Prohibited Except as provided in subclause (d) hereof, payment shall not be made or accepted

in lieu of annual leave. (f) Payment for Period of Leave

(i) Each employee before going on leave shall be paid the amount of wages he or she would have received in respect of the ordinary time the employee would have worked had the employee not been on leave during the relevant period, plus a loading equal to 17 and ½% of the amount paid in respect of annual leave. The calculation shall exclude any commission earnings as calculated in accordance with Clause 40 - Vehicle Salesperson - Conditions for Employees.

(ii) The provisions of this subclause shall not apply to proportionate leave on

termination. (g) Calculation of Service Where the employer is a successor or assignee or transmittee of a business if an

employee in the employment of the employer's predecessors at the time when the employer became such successor or assignee or transmittee, the employee in respect of the period during which he or she was in the service of the predecessor, shall for the purposes of this clause, be deemed to be in the service of the employer.

(h) Time of Taking Leave Annual leave shall be given at a time fixed by the employer within a period not

exceeding 6 months from the date when the right to annual leave accrued. Provided that by agreement between an employer and employee annual leave may be allowed within a period not exceeding 12 months from the date when the right to annual leave accrued.

Where practicable and unless otherwise mutually arranged between the employer

and the employee, at least 2 weeks' notice shall be given to the employee that annual leave is to be taken.

(i) Broken Annual Leave Leave allowed under the provisions of subclause (a) shall be given and taken in one

consecutive period, or if the employer and the employee agree, in one of the following methods:

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(i) in two separate periods, the lesser of which shall be not less than seven consecutive days, i.e. five working days;

(ii) in any combination, provided two periods shall be of not less than seven

consecutive days, i.e. five working days and the balance of leave is to be given in not more than five separate periods.

10. COMPASSIONATE LEAVE An employee shall on the death of a wife, husband, father, mother, child, stepchild, brother, sister, mother-in-law, father-in-law, stepmother, stepfather, grandfather, grandmother and grandchild, be entitled upon application being made to, and approved by the employer, to leave up to and including the day of the funeral of such relative and such leave will be without deduction of pay not exceeding the number of ordinary hours worked by the employee in 3 ordinary days, provided that no payment shall be made in respect of an employee's rostered days off. Proof of such death, in the form of a death notice or other written evidence, shall be furnished by the employee to the satisfaction of the employer, provided that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave. For the purposes of this clause the words "wife" and "husband" shall not include a wife or husband from whom the employee is separated, but shall include a person who lives with the employee as a de facto wife or husband. 11. CONTRACT OF EMPLOYMENT (a) Weekly Employment 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.

(b) Period of Notice Employment shall be terminated by a week's notice on either side given at any time

during the week or by the payment or forfeiture of a week's wages, as the case may be.

This shall not affect the right of the employer to dismiss employees without notice for misconduct; and in such cases the wages shall be paid up to the time of dismissal only

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(c) Breakdown of Equipment The employer may deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

(d) Authorised Leave An employee not attending for duty shall, except as on leave authorised by the

employer, lose their pay for the actual time of such non attendance. (e) Reference on Termination An employee shall be entitled to receive on request a reference on termination of

services. Such reference shall contain at least the commencing and finishing dates of service also the classification upon which the employee was engaged, and shall become the absolute property of the employee. Any prospective or future employer shall return the reference to the employee within 7 days of having received it.

(f) Casual Employment (i) A casual employee for working ordinary time shall be paid per hour a rate

equal to the appropriate weekly rate divided by 38 for the work which he or she performs. In addition thereto, a casual employee shall receive 20% of the ordinary hourly rate in respect of each hour for which he or she is paid; such additional amount to be payment in lieu of annual leave, sick leave and public holidays.

(ii) A casual employee shall receive a minimum of 4 hours work or payment for

same for each start at work on any day. (iii) A start at work shall mean the commencement of work for the day and each

resumption of work after a break on any day, except for a meal interval, not exceeding an hour.

(iv) An employee who is not engaged specifically as a casual employee shall be

deemed to be on weekly hire. (v) The provisions of Clause 17 - Holiday Work, Clause 22 - Overtime, Clause 27 -

Rest Period, Clause 29 - Saturday Work and Clause 35 - Sunday Work, shall also apply to casual employees.

(g) Part-Time Employees A part-time employee may be engaged in any of the classifications covered by the

award, provided such employee accepts employment on the following terms:

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(i) The wage rate shall be equal to the appropriate weekly rate divided by 38.

(ii) The provisions of this award in respect to Clause 9 - Annual Leave, Clause 10 - Compassionate Leave, Clause 32 - Sick Leave, Clause 16 - Holidays with Pay and in all other respects shall apply to such part-time employees on a proportionate basis.

(iii) The provisions of Clause 18 - Hours, shall apply to part-time employees but

no part-time employee shall work less than twenty hours per week. (iv) No full-time employee will be reduced to part-time without their express

consent.

(h) Employees’ Obligation (i) An employer may direct an employee to carry out such duties as are within

the limit of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote deskilling.

(ii) An employer may direct an employee to carry out such duties and use such

tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

Any direction issued by an employer pursuant to paragraphs (i) and (ii) shall

be consistent with the employer's responsibilities to provide a safe and healthy working environment.

12. DAMAGE TO CLOTHING AND TOOLS Compensation to the extent of the damage sustained shall be made by an employer where, in the course of the work, clothing or tools of an employee are damaged or destroyed by fire or molten metal or through the use of corrosive substances. Provided that the employer's liability is respect of tools shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties. PROVIDED that the employer shall have no liability to compensate an employee if such clothing or tools are damaged or destroyed through an employee's own wilful negligence or misuse. 13. DEDUCTIONS FROM WAGES (a) No deduction shall be made from wages when an employee is learning a round or

receiving tuition. (b) Nothing in this award shall, in itself, operate to reduce the wages of an employee

below the rate actually received at the date of this award coming into operation.

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14. FIRST AID (a) Attendant An employer shall endeavour to have at least one employee trained to render first

aid in attendance when work is performed at an establishment. (b) First Aid Outfit In each workshop, and at other places where employees are regularly employed,

the employer shall provide and continuously maintain at a place or places reasonably accessible to all employees an efficient first aid outfit.

(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 the Red Cross or St. John Ambulance or similar body shall be paid a weekly allowance of $5.30 if he or she is appointed by his or her employer to perform first aid duty.

15. GEAR AND EQUIPMENT (a) The employer shall provide, as required, free of cost to the employee, dust coats

and waterproof coats, together with uniforms and caps. (b) Washers shall be provided with gum boots, chamois, brushes and apron. (c) The clothing, tools and equipment provided under this clause shall remain the

property of the employer. (d) The employer shall supply and clean overalls as required. (e) Compensation to the extent sustained shall be made where, in the course of work,

clothing or tools are damaged, destroyed or stolen, through no fault of the employee.

16. HOLIDAYS WITH PAY (a) All employees (other than casual employees) shall be allowed the following days as

paid holidays: New Year's Day, Australia Day, Hobart Regatta Day (south of Oatlands), Labour

Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Show Day (as defined in Clause 7 - Definitions), Recreation Day (where Hobart Regatta Day is not observed), Christmas Day and Boxing Day.

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(b) Payment for the holidays mentioned in subclause (a) which are taken and not

worked, shall be at the normal rate of pay which would have applied to the employee concerned, when, if it were not for such holiday, the employee had been at work.

(c) Payment to an employee for work performed on holidays mentioned in subclause

(a) shall be at the rates prescribed elsewhere in this award. (d) By agreement between an employer and the majority of employees in a workplace

or section or sections thereof another day may be substituted for any of the holidays prescribed in subclause (a) of this clause.

Further, an employer and an employee may agree to substitute any of the holidays

prescribed in subclause (a) of this clause for another day. Such substitute day shall be treated as a public holiday for all purposes of this

award. 17. HOLIDAY WORK For all time of duty on any of the holidays mentioned in Clause 16 - Holidays with Pay hereof, payment shall be made at the rate of double time and one half. PROVIDED that clerical employees and sellers of motor vehicle replacement parts and accessories shall receive a minimum payment for four hours worked. 18. HOURS The provisions of this clause shall not apply to persons classified as Motor Vehicle Salesperson or Commercial Traveller. (a) The ordinary hours of work shall be an average of 38 per week to be worked on one

of the following bases:

(i) 38 hours within a work cycle not exceeding seven consecutive days; or (ii) 76 hours within a work cycle not exceeding fourteen consecutive days; or (iii) 114 hours within a work cycle not exceeding twenty-one consecutive days; or (iv) 152 hours within a work cycle not exceeding twenty-eight consecutive days;

or (v) Any other work cycle during which a weekly average of 38 ordinary hours are

worked as may be agreed between the employer and employee.

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(b) The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week, Monday to Friday.

(c) The ordinary hours of work prescribed herein shall be worked continuously, except

for meal breaks, at the discretion of the employer between 6.00 a.m and 6.00 p.m. PROVIDED that the actual ordinary hours of work shall be determined by

agreement between an employer and the majority of employees in the plant or work section or sections concerned.

PROVIDED ALWAYS that work done prior to the spread of hours fixed in

accordance with this subclause for which overtime rates are payable shall be deemed for the purpose of this subclause to be part of the ordinary hours of work.

(d) The ordinary hours of work prescribed herein shall not exceed ten on any day. PROVIDED that:

(i) In any agreement of ordinary hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between an employer and the majority of employees in the plant or work section or sections concerned; and

(ii) by arrangement between an employer, the union or unions concerned and the

majority of employees in the plant or work section or sections concerned, ordinary hours not exceeding twelve on any day may be worked subject to:

(1) the employer and the employees concerned being guided by the

occupational health and safety provisions of the ACTU Code of Conduct on 12 Hours Shifts;

(2) proper health monitoring procedures being introduced; (3) suitable roster arrangements being made; and (4) proper supervision being provided.

(e) The hours of work prescribed by this clause shall, excepting for a meal break of not less than 30 minutes nor more than 60 minutes, be continuous on each day. Such meal break shall be taken between the hours of 11.00 a.m. and 3.00 p.m.

The time of taking a meal or rest break may be altered by the employer if

necessary for continuity of operations. Meal and rest breaks may be staggered by an employer to meet operational

requirements. PROVIDED that no employee may be required to work for more than five hours

without a break for a meal. By agreement, an employee may be required to work,

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at the ordinary rate of pay for more than five (5) hours and less than six hours without a meal break.

19. MIXED FUNCTIONS An employee engaged for more than two hours on one day or shift on duties carrying a higher rate than the ordinary classification shall be paid the higher rate for such day or shift. If so engaged for two hours or less on one day or shift, the employee shall be paid the higher rate for the time so worked. 20. NOTICE BOARD The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position at the enterprise or in separate sections of the enterprise in order that it would be reasonably accessible to all the employees working under this award. Accredited union representatives shall be permitted to put on the notice board or boards union notices, signed or countersigned by the representative posting it. Any notice posted on such board not so signed or countersigned may be removed by an accredited union representative or by the employer. 21. OCCUPATIONAL SUPERANNUATION (a) Contribution

(i) In accordance with the Superannuation Guarantee Charge Act 1992 of the

Commonwealth, an employer shall make a contribution into an approved superannuation fund in respect of all eligible employees at the appropriate rate calculated on the employee’s ordinary time earnings.

(ii) Contributions to the fund shall be made by the employer on at least a

calendar monthly basis unless there are circumstances for which the employer cannot be held responsible.

(iii) 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)(i) 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.

(b) Casual and Part-Time Employees In the case of eligible casual and part-time employees, contributions shall be made

where the employee works a minimum of 38 hours averaged over a four week period.

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(c) Definitions 'Approved Fund' shall mean a superannuation fund or scheme approved in

accordance with the Commonwealth Operational Standards for Occupational Superannuation funds.

'Eligible Employee' shall mean an employee for whom a classification appears in

this award. 'Ordinary Time Earnings' shall include an employee's classification rate,

overaward, shift loading, casual loading and any permanent all purpose work related allowance but shall exclude commission earnings (Clause 40 - Vehicle Salesperson - Conditions for Employees), overtime payments, annual leave loading, annual or long service leave payments on termination and allowances paid as a reimbursement of expenses.

(d) Fund Contributions determined in accordance with subclause (a) of this clause shall,

subject to subclause (e) of this clause, be made into either of the following nominated approved funds:

(i) Tasplan (ii) Superannuation Trust of Australia

(e) Exemptions (i) The Tasmanian Industrial Commission may grant an exemption to an

employer from paying to either of the above funds in accordance with the provisions of the Industrial Relations Act 1984.

(ii) Employers that, pursuant to paragraph (i) of this subclause, have been

granted an exemption from contributing to the funds referred to in subclause (d) (i) and (ii) are listed in Appendix C to this award together with the other approved funds into which they are required to make contributions.

22. OVERTIME Note: The provisions of this clause shall not apply to a person classified as Motor Vehicle Salesperson or Commercial Traveller. (a) Rate of Remuneration For all work done outside ordinary hours the rates of pay shall be time and a half

for the first 2 hours and double time thereafter, such double time to continue until the completion of the overtime work.

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(b) Rest Break After Overtime (i) An employee, other than a casual employee (as defined) after the completion

of overtime work performed after the usual ceasing time, shall be entitled to be absent until the employee has 10 consecutive hours off duty, without deduction of pay for ordinary time of duty occurring during each absence.

(ii) If, on the instructions of the employer, an employee resumes work without

having had such 10 hours off duty the employee shall be paid at double rates until relieved from duty to take such rest period. The employee shall be entitled to 10 consecutive hours off duty without deduction of pay for ordinary time of duty occurring during such absence.

(c) Requirement to Work Overtime As a condition to the operation of a 38-hour week any employee who may be

required by the employer to work reasonable overtime at the overtime rates herein prescribed shall work such overtime in accordance with such requirements.

(d) Computation of Overtime Except as otherwise provided in subclauses (a) and (b) hereof, in computing

overtime each day’s work shall stand alone. (e) Excess Time Worked by Clerical Employees/Sellers of Automotive Replacement

Parts and Accessories Clerical Employees/Sellers of Automotive Replacement Parts and Accessories who

work ten minutes or more past the time fixed for ceasing work shall be paid overtime rates for all time worked after the time fixed for ceasing work.

PROVIDED ALWAYS this subclause shall not be used to obtain unpaid work from

employees on a regular basis. (f) Call Back An employee recalled to work overtime after leaving the employer’s business

premises (whether notified before or after leaving the premises) shall be paid for a minimum of 4 hours’ work at the appropriate rate for each time so recalled. Provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full 4 hours if the job the employee was recalled to perform is completed within a shorter period. Provided employees classified as a seller of motor vehicle replacement parts and accessories shall be afforded a minimum payment of 3 hours only.

This subclause shall not apply in cases where it is customary for an employee to

return to his or her employer’s premises to perform a specific job outside his or her ordinary working hours, or where the overtime is continuous (subject to a

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reasonable meal break) with the completion or commencement of ordinary working time.

Overtime worked in the circumstances specified in this subclause shall not be

regarded as overtime for the purposes of subclause (a) of this clause where the actual time worked is less than 3 hours on such recall or on each of such recalls.

(g) Stand-by Subject to any custom now prevailing under which an employee is regularly

required to be available for a call back, an employee required to remain on standby shall, until replaced, be paid at ordinary time rates from the commencement of the standby period.

(h) Meal Breaks (i) For work done during meal hours and thereafter until a meal break is allowed

double time shall be paid. An employee shall not be compelled to work for more than 5 hours without a break for a meal, subject to the provisions of Clause 18 - Hours.

(ii) Subject to the provisions of the second part of subclause (h) (i) of this clause,

an employee employed as a regular maintenance person shall work during meal breaks at the ordinary rates herein prescribed whenever instructed to do so for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can only be done while such plant is idle.

(iii) An employee working overtime shall be allowed a crib time of 20 minutes

without deduction of pay after each 4 hours of overtime work, if the employee continues to work after such crib time.

(iv) Before starting overtime after ordinary working hours a meal break of at least

45 minutes shall be allowed unless the period of overtime is less than one and a half hours. An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand.

(i) Tea Money (i) An employee required to work overtime for more than one and a half hours

shall either be supplied with a meal by the employer or paid $10.00 for each meal.

(ii) If an employee, pursuant to notice, has provided a meal or meals and is not

required to work overtime, the employee shall be paid as above prescribed above. An employee may request that the payment prescribed in this subclause be made on the day on which the overtime is worked.

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(j) Transport Home The employer shall provide an employee with transport to the employee’s home in

circumstances where the employee works unrostered overtime and finishes work at a time when other means of transport are not available.

(k) Time off in lieu (i) Where an employee requests and the employer agrees, time off at the penalty

equivalent may be allowed in lieu of payment for overtime. (ii) Provided that such time off shall be paid at the ordinary rate. (iii) Agreement to implement this provision shall be in writing signed by the

employee and the employer and shall form part of the records required to be kept in accordance with section 75 of the Industrial Relations Act 1984.

23. PARENTAL LEAVE Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

PART A - MATERNITY LEAVE (a) Nature of Leave Maternity leave is unpaid leave. (b) Definitions For the purpose of this part: 'Employee' includes a part-time employee but does not include an employee

engaged upon casual or seasonal work. 'Paternity leave' means leave of the type provided for in Part B - Paternity Leave. 'Child' means a child of the employee under the age of one year. 'Spouse' includes a de facto or a former spouse. 'Continuous service' means service under an unbroken contract of employment

and includes:

(i) any period of leave taken in accordance with this clause; (ii) any period of part-time employment worked in accordance with this clause; or

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(iii) any period of leave or absence authorised by the employer or by the award.

(c) Eligibility for Maternity Leave

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

(ii) Subject to subclauses (f) and (i) hereof the period of maternity leave shall be

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

(iii) The employee must have had at least 12 months continuous service with that

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

(d) Certificate At the time specified in subclause (e) hereof the employee must produce to her

employer:

(i) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement;

(ii) a statutory declaration stating particulars of any period of paternity leave

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

(e) Notice Requirements (i) An employee shall, not less that ten weeks prior to the presumed date of

confinement, produce to her employer the certificate referred to in paragraph (d)(i).

(ii) An employee shall give not less than four weeks notice in writing to her

employer of the date upon which she proposes to commence maternity leave stating the period of leave to be taken and shall, at the same time, produce to her employer the statutory declaration referred to in paragraph (d)(ii).

(iii) An employer by not less than 14 days notice in writing to the employee may

require her to commence maternity leave at any time within the six weeks immediately prior to her presumed date of confinement.

(iv) An employee shall not be in breach of this clause as a consequence of failure

to give the stipulated period of notice in accordance with paragraph (ii) hereof

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if such failure is occasioned by the confinement occurring earlier than the presumed date.

(f) Transfer to a Safe Job Where in the opinion of a registered medical practitioner, illness or risks arising out

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

If the transfer to a safe job is not practicable, the employee may, or the employer

may require the employee to, take leave for such period as is certified necessary by a registered medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (j), (k), (l) and (m) hereof.

(g) Variation of Period of Maternity Leave

(i) Provided the maximum period of maternity leave does not exceed the period to which the employee is entitled under subclause (c) hereof:

(1) the period of maternity leave may be lengthened once only by the

employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened;

(2) the period may be further lengthened by agreement between the

employer and the employee.

(ii) The period of maternity leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened.

(h) Cancellation of Maternity Leave

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

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

other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed 4 weeks from the date of notice in writing by the employee to the employer that she desires to resume work.

(i) Special Maternity Leave and Sick Leave

(i) Where the pregnancy of an employee not then on maternity leave terminates

after 28 weeks other than by the birth of a living child then:

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(1) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work; or

(2) for illness other than the normal consequences of confinement she shall

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

(ii) Where an employee not then on maternity leave suffers illness related to her

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

(iii) For the purposes of subclauses (j), (k) and (l) hereof, maternity leave shall

include special maternity leave. (iv) An employee returning to work after the completion of a period of leave taken

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

Where such position no longer exists but there are other positions available,

which the employee is qualified for and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.

(j) Maternity Leave and Other Leave Entitlements

(i) Provided the aggregate of any leave including leave taken under this part,

does not exceed the period to which the employee is entitled under subclause (c) hereof, an employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is entitled.

(ii) Paid sick leave or other paid authorised award absences (excluding annual

leave or long service leave), shall not be available to an employee during her absence on maternity leave.

(k) Effect of Maternity Leave on Employment Subject to this part, notwithstanding any award or other provision to the contrary,

absence on maternity leave shall not break the continuity of service of an employee

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but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

(l) Termination of Employment

(i) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award.

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

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

(m) Return to Work After Maternity Leave

(i) An employee shall confirm her intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave.

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

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

Where such position no longer exists but there are other positions available

for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.

(n) Replacement Employees

(i) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave.

(ii) Before an employer engages a replacement employee the employer shall

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

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

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

(iv) Nothing in this part shall be construed as requiring an employer to engage a

replacement employee.

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PART B - PATERNITY LEAVE

(a) Nature of Leave Paternity leave is unpaid leave. (b) Definitions For the purpose of this part: 'Employee' includes a part-time employee but does not include an employee

engaged upon casual or seasonal work. 'Maternity leave' means leave of the type provided for in Part A - Maternity Leave

(and includes special maternity leave). 'Child' means a child of the employee or the employee's spouse under the age of

one year. 'Spouse' includes a de facto or a former spouse. 'Primary care-giver' means a person who assumes the principal role of providing

care and attention to a child. 'Continuous service' means service under an unbroken contract of employment

and includes:

(i) any period of leave taken in accordance with this clause; (ii) any period of part-time employment worked in accordance with this clause; or (iii) any period of leave or absence authorised by the employer or by the award.

(c) Eligibility for Paternity Leave A male employee, upon production to his employer of the certificate required by

subclause (d) - Certification shall be entitled to one or two periods of paternity leave, the total of which shall not exceed 52 weeks, in the following circumstances:

(i) an unbroken period of up to one week at the time of confinement of his

spouse; (ii) a further unbroken period of up to 51 weeks in order to be the primary care-

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

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The employee must have had at least 12 months continuous service with that employer immediately preceding the date upon which he proceeds upon either period of leave.

(d) Certification At the time specified in subclause (e) the employee must produce to his employer:

(i) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement or states the date of which the birth took place;

(ii) in relation to any period to be taken under paragraph (c)(ii) hereof, a

statutory declaration stating:

(1) he will take that period of paternity leave to become the primary care-giver of the child;

(2) particulars of any period of maternity leave sought or taken by his

spouse; and (3) for the period of paternity leave he will not engage in any conduct

inconsistent with his contract of employment.

(e) Notice Requirements

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

(ii) The employee shall not be in breach of this subclause as a consequence of

failure to give the notice required in paragraph (i) hereof if such failure is due to:

(1) the birth occurring earlier than the expected date; or (2) the death of the mother or the child; or (3) other compelling circumstances.

(iii) The employee shall immediately notify his employer of any change in the information provided pursuant to subclause (d) hereof.

(f) Variation of Period of Paternity Leave

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

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(1) the period of paternity leave provided by paragraph (c)(ii) may be lengthened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened;


employer and the employee.

(ii) The period of paternity leave taken under paragraph (c)(ii) hereof may, with the consent of the employer, be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened.

(g) Cancellation of Paternity Leave Paternity leave, applied for under paragraph (c)(ii) hereof but not commenced, shall

be cancelled when the pregnancy of the employee's spouse terminates other than by the birth of a living child.

(h) Paternity Leave and Other Leave Entitlements

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


leave or long service leave) shall not be available to an employee during his absence on paternity leave.

(i) Effect of Paternity Leave on Employment Subject to this part, notwithstanding any award or other provision to the contrary,

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

(j) Termination of Employment

(i) An employee on paternity leave may terminate his employment at any time during the period of leave by notice given in accordance with this award.


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

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(k) Return to Work after Paternity Leave

(i) An employee shall confirm his intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of the period of paternity leave provided by paragraph (c)(ii) hereof.

(ii) An employee, upon returning to work after paternity leave or the expiration of

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


which the employee is qualified for and is capable of performing, he shall be entitled to a position as nearly comparable in status and pay to that of his former position.

(l) Replacement Employees

(i) A replacement employee is an employee specifically engaged as a result of an employee proceeding on paternity leave.

(ii) Before an employer engages a replacement employee the employer shall


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

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



PART C - ADOPTION LEAVE (a) Nature of Leave Adoption leave is unpaid leave. (b) Definitions For the purpose of this part: 'Employee' includes a part-time employee but does not include an employee

engaged upon casual or seasonal work.

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'Child' means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or stepchild of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

'Relative adoption' occurs where a child, as defined, is adopted by a grandparent,

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

'Primary care-giver' means a person who assumes the principal role of providing

care and attention to a child. 'Spouse' includes a de facto spouse. 'Continuous service' means service under an unbroken contract of employment

and includes:

(i) any period of leave taken in accordance with this clause; (ii) any period of part-time employment worked in accordance with this clause, or (iii) any period of leave or absence authorised by the employer or by the award.

(c) Eligibility An employee, upon production to the employer of the documentation required by

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

(i) an unbroken period of up to three weeks at the time of the placement of the

child; (ii) an unbroken period of up to 52 weeks from the time of the child's placement

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

(1) any period of leave taken pursuant to paragraph (i) hereof; and (2) the aggregate of any periods of adoption leave taken or to be taken by

the employee's spouse;

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

(d) Certification

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Before taking adoption leave the employee must produce to the employer:

(i) (1) A statement from an adoption agency or other appropriate body of the presumed date of placement of the child with the employee for adoption purposes; or

(2) A statement from the appropriate government authority confirming that

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

(ii) In relation to any period to be taken under paragraph (c)(ii) hereof, a

statutory declaration stating:

(1) the employee is seeking adoption leave to become the primary care-giver of the child;

(2) particulars of any period of adoption leave sought or taken by the

employee's spouse; and (3) for the period of adoption leave the employee will not engage in any

conduct inconsistent with his or her contract of employment.

(e) Notice Requirements

(i) Upon receiving notice of approval for adoption purposes, an employee shall notify the employer of such approval and within two months of such approval, shall further notify the employer of the period or periods of adoption leave the employee proposes to take. In the case of a relative adoption the employee shall notify as aforesaid upon deciding to take a child into custody pending an application for an adoption order.

(ii) An employee who commences employment with an employer after the date of

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

(iii) An employee shall, as soon as the employee is aware of the presumed date of

placement of a child for adoption purposes but no later than 14 days before such placement, give notice in writing to the employer of such date, and of the date of the commencement of any period of leave to be taken under paragraph (c)(i) hereof.

(iv) An employee shall, ten weeks before the proposed date of commencing any

leave to be taken under paragraph (c)(ii) hereof give notice in writing to the employer of the date of commencing leave and the period of leave to be taken.

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(v) An employee shall not be in breach of this part as a consequence of failure to

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

(f) Variation of Period of Adoption Leave

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

(1) the period of leave taken under paragraph (c)(ii) hereof may be

lengthened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened;


employer and employee.

(ii) The period of adoption leave taken under paragraph (c)(ii) hereof may, with the consent of the employer, be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened.

(g) Cancellation of Adoption Leave

(i) Adoption leave, applied for but not commenced, shall be cancelled should the placement of the child not proceed.

(ii) Where the placement of a child for adoption purposes with an employee then

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

(h) Special Leave The employer shall grant to any employee who is seeking to adopt a child, such

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

(i) Adoption Leave and Other Entitlements

(i) Provided the aggregate of any leave, including leave taken under this part, does not exceed the period to which the employee is entitled under subclause (c) hereof, an employee may, in lieu of or in conjunction with adoption leave,

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take any annual leave or long service leave or any part thereof to which he or she is entitled.


leave or long service leave), shall not be available to an employee during the employee's absence on adoption leave.

(j) Effect of Adoption Leave on Employment Subject to this part, notwithstanding any award or other provision to the contrary,

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

(k) Termination of Employment

(i) An employee on adoption leave may terminate the employment at any time during the period of leave by notice given in accordance with this award.


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

(l) Return to Work After Adoption Leave

(i) An employee shall confirm the intention of returning to work by notice in

writing to the employer given not less than four weeks prior to the expiration of the period of adoption leave provided by paragraph (c)(ii) hereof.

(ii) An employee, upon returning to work after adoption leave, shall be entitled to

the position held immediately before proceeding on such leave or in relation to an employee who has worked part-time under this clause the position held immediately before commencing such part-time work.


which the employee is qualified for and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of the employee's former position.

(m) Replacement Employees

(i) A replacement employee is an employee specifically engaged as a result of an

employee proceeding on adoption leave. (ii) Before an employer engages a replacement employee the employer shall


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



PART D - PART-TIME WORK (a) Definitions For the purposes of this part: 'Male employee' means an employed male who is caring for a child born of his

spouse or a child placed with the employee for adoption purposes. 'Female employee' means an employed female who is pregnant or is caring for a

child she has borne or a child who has been placed with her for adoption purposes. 'Spouse' includes a de facto spouse. 'Former position' means the position held by a female or male employee

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

'Continuous service' means service under an unbroken contract of employment

and includes:

(i) any period of leave taken in accordance with this clause; (ii) any period of part-time employment worked in accordance with this clause; or (iii) any period of leave or absence authorised by the employer or by the award.

(b) Entitlement With the agreement of the employer:

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

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(ii) A female employee may work part-time in one or more periods while she is pregnant where part-time employment is, because of the pregnancy, necessary or desirable.

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

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

(iv) In relation to adoption a female employee may work part-time in one or more

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

(c) Return to Former Position

(i) An employee who has had at least 12 months continuous service with an

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

(ii) Nothing in paragraph (i) hereof shall prevent the employer from permitting

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

(d) Effect of Part-time Employment on Continuous Service Commencement on part-time work under this clause, and return from part-time

work to full-time work under this clause, shall not break the continuity of service or employment.

(e) Pro Rata Entitlements Subject to the provisions of this part and the matters agreed to in accordance with

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

(f) Transitional Arrangements - Annual Leave

(i) An employee working part-time under this part shall be paid for and take any leave accrued in respect of a period of full-time employment, in such periods and manner as specified in the annual leave provisions of this award, as if the employee were working full-time in the class of work the employee was performing as a full-time employee immediately before commencing part-time work under this part.

(ii) (1) A full-time employee shall be paid for and take any annual leave accrued

in respect of a period of part-time employment under this part, in such periods and manner as specified in this award, as if the employee were

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working part-time in the class of work the employee was performing as a part-time employee immediately before resuming full-time work.

(2) Provided that, by agreement between the employer and the employee,

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

(g) Transitional Arrangements - Sick Leave An employee working part-time under this part shall have sick leave entitlements

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

(h) Part-time Work Agreement

(i) Before commencing a period of part-time employment under this part the employee and the employer shall agree:

(1) that the employee may work part-time; (2) upon the hours to be worked by the employee, the days upon which

they will be worked and commencing times for the work; (3) upon the classification applying to the work to be performed; and (4) upon the period of part-time employment.

(ii) The terms of this agreement may be varied by consent. (iii) The terms of this agreement or any variation to it shall be reduced to writing

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

(iv) The terms of this agreement shall apply to the part-time employment.

(i) Termination of Employment

(i) The employment of a part-time employee under this clause, may be terminated in accordance with the provisions of this award but may not be terminated by the employer because the employee has exercised or proposes to exercise any rights arising under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause.

(ii) Any termination entitlements payable to an employee whose employment is

terminated while working part-time under this clause, or while working full-

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

(j) Extension of Hours of Work An employer may request, but not require, an employee working part-time under

this clause to work outside or in excess of the employee's ordinary hours of duty provided for in accordance with subclause (h).

(k) Nature of Part-time Work The work to be performed part-time need not be the work performed by the

employee in his or her former position but shall be work otherwise performed under this award.

(l) Inconsistent Award Provisions An employee may work part-time under this clause notwithstanding any other

provisions of this award which limits or restricts the circumstances in which part-time employment may be worked or the terms upon which it may be worked including provisions:

(i) limiting the number of employees who may work part-time; (ii) establishing quotas as to the ratio of part-time to full-time employees; (iii) prescribing a minimum or maximum number of hours a part-time employee

may work; or (iv) requiring consultation with, consent of or monitoring by a union; and such provisions do not apply to part-time work under this clause.

(m) Replacement Employees

(i) A replacement employee is an employee specifically engaged as a result of an employee working part-time under this part.

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

subclause, subclauses (e), (f), (g), (h), (i) and (l) of this part apply to the part-time employment of replacement employees.

(iii) Before an employer engages a replacement employee under this subclause,

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

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(iv) Unbroken service as a replacement employee shall be treated as continuous service as provided for in paragraph (a) Definitions, 'Continuous service' of this part.

(v) Nothing in this part shall be construed as requiring an employer to engage a


24. PAYMENT OF WAGES (a) (i) Wages shall be paid weekly and not later than Thursday of the week of

payment. By agreement between the employer and the majority of employees wages may be paid by means other than cash.

PROVIDED that in the absence of agreement with the majority of employees

an employer may introduce payment of wages by electronic funds transfer without cost to the employee by the giving of three months notice.

(ii) If payment is made by electronic funds transfer the employer shall be

responsible to meet the cost of one deposit and one withdrawal per employee per pay period.

(b) Notwithstanding the provisions of subclause (a)(i), by agreement between the

employer and the majority of employees wages may be paid on a fortnightly basis with one week being paid in advance and one week in arrears.

PROVIDED that in the absence of agreement by the majority of employees the

employer may implement fortnightly pay by giving not less than one months notice of this intention so to do.

(c) An employee kept waiting for his or her pay on payday shall be paid at overtime

rates for the time he is kept waiting, except where delay occurs for reasons beyond the employer's control.

(d) Should an employee be dismissed during the week, any wages due to him shall be

paid at the time of dismissal. (e) On or prior to pay day, the employer shall state to each employee, in writing, the

amount of wages to which the employee is entitled, the amount of deductions (separately) made therefrom, and the net amount being paid.

25. PIECEWORK Subject to the minimum wages and conditions prescribed, an employer may remunerate any employee under a system of payment by results based on rates which will enable workers of average capacity to earn at least 10% in excess of their hourly or weekly award rate as contained in Clause 8 - Wage Rates, of this award.

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26. POSTING OF AWARD Each employer shall have a current copy of this award to be displayed in a conspicuous and accessible place in each workplace where employees are employed. 27. REST PERIOD Employees other than persons classified as motor vehicle salesperson shall be allowed a rest period between the start of work and the midday meal break. The rest period shall be of 10 minutes duration, to be taken at such times as may be mutually arranged between the employer and employee. Employees shall take afternoon tea at the work station without cessation of work. PROVIDED that a rest period shall not apply on Saturday morning for persons classified as Clerical Employees/Sellers of Automotive Replacement Parts and Accessories. 28. RIGHT OF ENTRY Right of entry shall be in accordance with Section 77 of the Industrial Relations Act 1984. 29. SATURDAY WORK (a) Commercial Travellers/Motor Vehicle Salespersons The provisions of this clause shall not apply to employees classified as Commercial

Traveller or Motor Vehicle Salesperson. (b) Clerical Employees/Sellers of Motor Vehicle Replacement Parts & Accessories (i) Where the employer’s business premises are regularly open for normal

business and require manning on Saturday, payment shall be made at the rate of double time with a minimum payment of 2 hours worked.

PROVIDED that any employee engaged prior to the first full pay period

commencing on or after 9 January 1989 shall be entitled to a minimum payment of 3 hours worked.

(ii) Where the employer’s business premises are not open for normal business,

payment shall be made at the rate of one and one half times the ordinary rate for the first 2 hours and double time thereafter.

(c) All Other Employees For all time of duty on Saturday payment shall be made at the rate of time and a

half for the first 2 hours and double time thereafter.

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30. SETTLEMENT OF DISPUTES Subject to the Industrial Relations Act 1984 (as amended) any matter in dispute shall be the subject of negotiations and settlement in the following manner: (a) An employee shall in the first instance discuss the grievance/dispute with the

immediate supervisor in an endeavour to resolve the issue. Should the issue remain unresolved it shall be progressed to the next stage of this disputes procedure.

(b) The matter shall be taken up by an accredited union delegate or union organiser

with the employer concerned or by the employer concerned with the accredited union delegate or union organiser, as the case may be.

(c) If the matter in dispute is not settled at the preceding stage, it may be referred by

either the Branch Secretary (or his nominee) or the employer concerned to the Tasmanian Industrial Commission for settlement.

(d) The decision of the Tasmanian Industrial Commission shall be accepted by the

parties as final. (e) Where any of the provisions of this clause have been invoked by any party, the

parties shall use their good offices and best endeavours to ensure that work continues without limitation during proceedings under this clause.

(f) Where a bona fide safety issue is involved, the parties shall give immediate priority

to resolving the issue. In resolving the issue, the parties shall have regard to recognised safety standards and any relevant legislation.

31. SHOP STEWARDS An employee appointed shop steward in the shop or department in which the employee is employed shall upon notification thereof to the employer, be recognised as the accredited representative of the union to which the employee belongs. An accredited shop steward shall be allowed the necessary time during working hours to interview the employer or the employer’s representative on matters affecting employees whom the employee represents. 32. SICK LEAVE (a) An employee, other than one engaged as a casual, who is absent from 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:

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(i) the employee shall not be entitled to sick leave for any period in respect of which the employee is entitled to workers' compensation;

(ii) the employee, as far as practicable, shall notify the employer by the ordinary

commencement time of the rostered shift of the inability to attend for work stating the estimated duration of the absence.

(iii) the employee shall prove to the satisfaction of the employer (or in event of a

dispute, the Tasmanian Industrial Commission), that the employee was unable on account of such illness or injury to attend for work on the day or days for which the sick leave is claimed;

(iv) the employee shall be entitled in any year (whether in the employment of one

employer or of more) to a sick leave credit in excess of 2 weeks of ordinary working time;

PROVIDED that during the first three months of employment sick leave shall

accrue at the rate of 6.33 hours for each completed month of service. (v) for the purpose of administering paragraph (iv) of this subclause, an employer

may within one month of this award coming into operation or within 2 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 the employee has had from any employer during the then current year, and upon such statement the employer shall be entitled to rely and act.

(b) Sick leave shall accumulate from year to year so that any balance of the period

specified in paragraph (a)(iv) of this clause which has in any year not been allowed to an employee by an employer as paid sick leave shall be credited to an employee and, subject to the conditions hereinbefore prescribed shall be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.

(c) An employer shall not be required to make any payment in respect of accumulated

sick leave credits to an employee who is discharged or leaves his or her employment, or for any time an employee is absent from work without producing satisfactory evidence of personal illness.

33. SPECIAL RATES In addition to the wages prescribed, the following special rates and allowances shall be paid to employees, including apprentices and junior employees. (a) Wet Places An employee working in any place where the employee’s clothing or boots become

saturated shall be paid 12 cents per hour extra. Provided that this extra rate shall not be payable to an employee who is provided by the employer with suitable

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protective clothing and/or footwear, and provided further that any employee who becomes entitled to this extra rate shall be paid such rate for such part of the day the employee is required to work in wet clothing or boots.

(b) Confined spaces Working in confined spaces - 15 cents per hour extra. (c) Dirty Work Work which a supervisor and employee shall agree is of an unusually dirty or

offensive nature - 12 cents per hour extra. In the case of disagreement between supervisor and employee, the employee, or a

shop steward on the employee’s behalf, shall be entitled within 24 hours, to ask for a decision on the claim by the Tasmanian Industrial Commission. In such a case a decision shall be given on the claim within 24 hours of its being asked for (unless that time expires on a non-working day, in which case it shall be given during the next working day) or else the said allowance shall be paid.

(d) Cold Places Working for more than one hour in places where the temperature is reduced by

artificial means below 0 degrees Celsius - 12 cents per hour extra. Where the work continues for more than 2 hours employees shall be entitled to a rest period of 20 minutes every 2 hours without loss of pay.

(e) Hot Places Working for more than one hour in the shade in places where the temperature is

raised by artificial means to between 46 and 54 degrees Celsius - 12 cents per hour extra. Where work continues for more than 2 hours in temperatures exceeding 54 degrees Celsius, employees shall also be entitled to 20 minutes rest after every 2 hours work without deduction of pay. The temperature shall be decided by the supervisor of the work after consultation with the employee who claim the extra rate.

(f) Lead Works Working in lead works - 7.5 cents per hour extra. (g) Sanitary Works Working in sanitary works - 7.5 cents per hour extra. (h) Slaughtering Yards Working in slaughtering yards - 7.5 cents per hour extra

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(i) Special Rates Not Cumulative Where more than one of the disabilities entitling an employee to extra rates exists

on the same job, the employer shall be bound to pay only one rate, namely the highest for the disabilities so prevailing.

(j) Rates Not Subject to Penalty Additions The special rates herein prescribed shall be paid irrespective of the times at which

the work is performed and shall not be subject to any premium or penalty additions.

34. STRUCTURAL EFFICIENCY (a) Consultative Procedures

(i) The parties to this award are committed to cooperating positively to increase the efficiency, productivity and competitiveness of the automotive industry and to enhance the career opportunities and job security in the industry.

(ii) At each plant or enterprise, an employer, the employees and their relevant

union or unions shall establish a consultative mechanism and procedures appropriate to the size, structure and needs of that plant or enterprise. Measures raised by the employer, employees or union or unions for consideration consistent with the objectives of paragraph (i) herein shall be processed through that consultative mechanism and procedures.

(iii) Measures raised for consideration consistent with paragraph (ii) herein shall

be related to implementation of the new classification structure when developed, the facilitative provisions contained in this award and matters concerning training.

(b) Enterprise Flexibility

(i) Notwithstanding anything contained in this award, but subject to the provisions of this clause, an agreement may be entered into between an employer and all or some of the employees engaged by that employer.

(ii) An agreement shall be subject to the following requirements:

(1) The majority of employees affected by the change must genuinely agree to the change.

(2) The agreement taken as a whole shall not confer a lesser benefit to any

employee than is available under the award.

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(3) The relevant union or unions shall be advised by the employer of the intention to commence discussions with employees on an agreement under this clause.

(4) The relevant union or unions must be a party to the agreement. (5) The relevant union or unions shall not unreasonably oppose any

agreement.

(iii) An enterprise agreement shall be signed by the parties, being the employer and the union or unions, and contain the following: (1) The term of the agreement. (2) The parties covered by the agreement. (3) The classes of employees covered by the agreement. (4) The means by which a party may retire from the agreement. (5) The means by which the agreement may be varied. (6) Where appropriate, the means by which any dispute arising in respect of

the agreement may be resolved.

(iv) Any agreement which seeks to vary a provision of this award shall be referred to the Tasmanian Industrial Commission.

35. SUNDAY WORK For all time of duty on Sunday payment shall be made at the rate of double time, provided that clerical employees/sellers of automotive replacement parts and accessories shall receive a minimum payment as for four hours worked. PROVIDED that the terms of this clause shall not apply to a person who is employed as a Commercial Traveller or a Motor Vehicle Salesperson. 36. SUSPENSION The employer in the event of misconduct may suspend an employee without pay. The maximum period of suspension shall be one week. Should the employee not agree to the suspension the union may refer the matter to the Tasmanian Industrial Commission. If upon examination the Industrial Commission forms the view that the suspension was harsh or unjust, it may vary the term of or rescind the suspension. Prior to the suspension the matter shall be discussed with an official of the union, or written notification shall be provided to the union. Where written means of notifying the

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employer's intention is used the employer shall not implement the suspension until 24 hours after the union would reasonably have been expected to receive such notification. PROVIDED that in exceptional circumstances the suspension may be implemented immediately. 37. TIME AND WAGES BOOK (a) Each employer shall keep a record from which can be readily ascertained the name

of each employee and his or her occupation, the hours worked each day, and the wages and allowances paid each week.

(b) The time and wages record shall be open for inspection to a duly accredited union

official during the usual office hours at the employer's office or other convenient place. Provided that an inspection shall not be demanded unless the secretary of the union or the district secretary or organiser of any division suspects that a breach of this award has been committed. Provided also that only one demand for such inspection shall be made in any week at the same establishment.

(c) The official making such inspection shall be entitled to take a copy of entries in a

time and wages record relating to the suspected breach of this award. 38. TRAINING (a) The parties to this award recognise that in order to increase the efficiency,

productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

(i) developing a more highly skilled and flexible workforce; (ii) providing employees with career opportunities through appropriate training to

acquire additional skills; and (iii) removing barriers to the utilisation of skills acquired.

(b) Following proper consultation in accordance with subclause (a) of Clause 34 - Structural Efficiency, or through the establishment of a training committee, an employer shall develop a training programme consistent with:

(i) the current and future skill needs of the enterprise; (ii) the size, structure and nature of the operations of the enterprise; (iii) the need to develop vocational skills relevant to the enterprise and the

automotive industry through courses conducted by accredited educational institutions and providers.

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(c) Where it is agreed a training committee be established, that training committee

should be constituted of equal numbers of employer and employee representatives and have a charter which clearly states its role and responsibilities, for example:

(i) formulation of a training programme and availability of training courses and

career opportunities to employees; (ii) dissemination of information on the training programme and availability of

training courses and career opportunities to employees; (iii) the recommending of individual employees for training and reclassification; (iv) monitoring and advising management and employees on the ongoing

effectiveness of the training. (d) (i) Where as a result of consultation in accordance with Clause 34 - Structural

Efficiency, or through a training committee and with the employee concerned, it is agreed that additional training in accordance with the programme developed pursuant to subclause (b) herein should be undertaken by an employee, that training may be undertaken either on or off the job. Provided that if the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

(ii) Any costs associated with standard fees for prescribed courses and prescribed

text books (excluding those text books which are available in the employer's technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. provided that reimbursement shall also be on an annual basis subject to the presentation of reports which demonstrate a good attendance, good conduct and satisfactory performance.

(iii) Travel costs incurred by an employee undertaking training in accordance with

this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.

(e) Subclauses (b), (c) and (d) herein shall operate as interim provisions and shall be

reviewed after nine (9) months operation. In the meantime, the parties shall monitor the effectiveness of those interim provisions in encouraging the attainment of the objectives detailed in subclause (a) herein. In this connection, the unions reserved their right to press for the mandatory prescription of a minimum number of training hours per annum, without loss of pay, for an employee undertaking training to meet the needs of an individual enterprise and/or the automotive industry.

(f) Any disputes arising in relation to subclauses (b) and (c) shall be subject to the

provisions of Clause 30 - Settlement of Disputes of this award.

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39. TRAVELLING, ACCOMMODATION, AND USE OF MOTOR VEHICLES (a) Work Performed Away from Normal Work Centre (i) A manager of a business may require an employee to start work at the

normal time at a centre away from the normal work place. (ii) For all time reasonably spent in going to and returning from such a centre

(more than the time normally spent in travelling to the normal work place and returning home) the employee will be paid travelling time.

(iii) The rate of pay for travelling time will be ordinary rate except on Sunday and

Holiday with Pay when it shall be time and one half. (b) Overnight Accommodation Where an employee is required to travel and stay away from home overnight the

employer shall reimburse reasonable accommodation, meals and incidental expenses associated with the travel.

(c) An employee who, by agreement with the employer uses his or her own motor

vehicle on the employer’s business, shall be paid an allowance of 14.7 cents per kilometre for vehicles 16 hp or over, and for vehicles under 16 hp, 12.7 cents per kilometre travelled.

(d) Special Provisions for Commercial Travellers (i) Provision of Motor Vehicle All means of locomotion required shall be provided and maintained by the

employer, but where a traveller by arrangement with his or her employer provides a car, he or she shall be paid, in addition to the weekly rate prescribed in Clause 8 - Wage Rates, an amount of 14.7 cents per kilometre for vehicles 16 hp or over, and for vehicles under 16 hp, 12.7 cents per kilometre for actual distance travelled by the car in connection with his or her employment, including that travelled to and from his or her place of residence for the purposes thereof. Provided that a town traveller who is required by his or her employer to use his or her own car on any day shall be paid not less than $6.50 in respect of each day or at the rate of 14.7 cents per kilometre, for vehicles 16 hp or over, and 12.7 cents per kilometre for the vehicles under 16 hp, whichever shall be the greater amount.

(ii) Notwithstanding anything contained in subparagraph (i) hereof, the employer

and employee may make any other arrangement as to car allowance not less favourable to the employee.

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(iii) Special Allowance An employee required by the employer to remain away from his or her home

address over a weekend shall be paid a special allowance of $5.40 per day plus first-class hotel accommodation and meals.

40. VEHICLE SALESPERSON - CONDITIONS FOR EMPLOYEES (a) Calculation of Wages For the purposes only of determining payment for sick leave, bereavement leave,

deduction for unauthorised absences, wage calculation on termination of employment and casual rates, the hourly rate shall be 1/38th of the appropriate weekly rate as prescribed by Clause 8 - Wage Rates of this award.

(b) Commission Payment of commission, if any, to a vehicle salesperson may be negotiated between

the salesperson and his or her employer subject to the following provisions:

(i) The basis on which commission is to be paid shall be committed to writing and a copy given to the salesperson within 21 days of his or her commencing employment and such basis shall not be altered except by mutual consent or by a week’s notice in writing from the employer to the salesperson.

(ii) The employer of a salesperson employed at the date of the coming into

operation of this award shall comply with subclause (a) hereof within 21 days of such date.

(iii) The employer shall within 21 days after the last day of each month furnish the

salesperson with all relevant particulars of vehicles delivered and commission earned by them during the preceding month and thereupon such commission or any balance thereof shall be payable.

(iv) Commission shall be deemed to accrue upon the delivery of a vehicle to the

customer. (v) Where a sale is effected as a result of the efforts of two or more salesmen,

the commission payable in respect of such sale shall be divided between them in such proportion as they may mutually agree. In default of agreement, the employer and the sales manager, shall act as arbitrator, subject to the right of any party to apply to the Tasmanian Industrial Commission for a decision.

(vi) Where the employment of a salesperson terminates prior to the delivery of a

vehicle for which the employee would otherwise be entitled to commission, the employee shall, provided the vehicle is delivered within three months of the termination of employment, be paid two-thirds of the commission the employee would otherwise have received.

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(vii) Where the employment of a salesperson terminates, the commission to which

the employee is entitled in respect of vehicles which have already been delivered shall be paid to the employee within 14 days of such termination.

(viii) Any sum payable under an agreement made pursuant to this clause shall be

deemed to be payable under this award.

(c) Contract of Employment (i) All employees other than casual employees shall be employed by the week. (ii) Employment may be terminated by one week’s notice on either side given

at any time during the week or by the payment or forfeiture of a week’s wages as the case may be.

This shall not affect the right of the employer to dismiss an employee without

notice for misconduct, in which case wages shall be paid up to the time of dismissal only.

(iii) An employer may deduct payment for any day an employee cannot be

usefully employed through any strike, breakdown of machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

(iv) An employee shall be entitled to receive on request a reference on

termination of services. Such reference shall contain at least the commencing and finishing dates of service, also the classification upon which the employee was engaged and shall become the absolute property of the employee. Any prospective or future employer shall return the reference to the employee within 7 days of having received it.

(v) Casual Employment A casual employee shall be paid 12% of the appropriate weekly rate in Clause

8 - Wage Rates, for each time the employee commences work before noon and each time the employee commences work after noon.

An employee who is not engaged specifically as a casual employee shall be

deemed to be on weekly hire.

The provisions of subclause (j) Work on a Sunday, and subclause (k) Work on Holidays and Days Off of this clause shall also apply to casual employees.

(vi) Part-time Employees

A part-time employee may be engaged in any of the classifications covered by the award, provided such employee accepts employment on the following terms:

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(1) The wage rate shall be equal to the appropriate weekly rate divided by

38. (2) The provisions of this award in respect to Annual Leave, Compassionate

Leave, Sick Leave, Holidays and in all other respects shall apply to such part-time employees on a proportionate basis.

(3) No part-time employee shall work less than twenty hours per week. (4) No full-time employee will be reduced to part-time without his or her

express consent. (5) Not more than 10% of the employees in any one establishment shall be

employed as part-time employees.

(d) Days Off (i) A vehicle salesperson shall be allowed one and one-half days free of duty per

week or by mutual agreement three full days per fortnight. (ii) Each employee will be allotted a meal break of not less than 30 minutes nor

more than 60 minutes between the hours of 11.00 a.m. and 3.00 p.m. each day.

PROVIDED that no employee may be required to work more than 5 hours

without a break for a meal.

(iii) No employee will be required to make himself or herself available for duty for more than 12 hours on any day.

(e) General Conditions The provisions of this award relating to Clause 9 - Annual Leave, Clause 22 -

Occupational Superannuation, Clause 30 - Settlement of Disputes, Clause 34 - Structural Efficiency, Clause 36 - Suspension, and Clause 38 - Training shall apply to employees engaged under this clause.

(f) Meal Allowance

(i) A vehicle salesperson required to be on duty at a motor show, agricultural show, or similar exhibition on either over the evening meal period or on a holiday referred to in Clause 16 - Holidays with Pay, shall be paid $10.00 for each evening meal and $10.40 for the midday meal on the holiday.

(ii) A vehicle salesperson required to work at a showroom or car yard for more

than two hours after 6.00 p.m. on any day without being notified on the previous day or earlier that the employee would be so required to work, shall either be supplied with a meal by his or her employer or paid $10.00, but

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such payment need not be made to an employee living in the same locality as his or her work place who can reasonably return home for meals.

(g) Payment of Wages

Wages shall be paid weekly and not later than Thursday of the week of payment.

By agreement between the employer and the majority of employees wages may be paid by means other than cash.

PROVIDED that in the absence of agreement with the majority of employees an employer may introduce payment of wages by electronic funds transfer without cost to the employee by the giving of three months notice.

If payment is made by electronic funds transfer the employer shall be responsible to meet the cost of one deposit and one withdrawal per employee per pay period.

By agreement between the employer and the majority of employees wages may be

paid on a fortnightly basis with one week being paid in advance and one week in arrears.

PROVIDED ALWAYS in the absence of agreement by the majority of employees the employer may implement fortnightly pay by giving not less than one months notice of his or her or her intention to do so.

(h) Travelling Allowances

A vehicle salesperson whose duties necessitate the employee staying away overnight from his or her usual abode, shall be reimbursed expenses reasonably incurred by the salesperson in the course of his or her duties, including $10.00 for each meal.

(i) Use of Motor Vehicles (i) Where a vehicle salesperson is provided with a motor vehicle for use in the

performance of his or her duties, no deduction shall be made from the wages payable to such salesperson pursuant to Clause 8 - Wage Rates, of this award as the case may required, on account of such use.

(ii) Where a vehicle salesperson is engaged on terms which require the employee

to provide his or her own vehicle, he or she shall be reimbursed as set out hereunder or on the basis not less favourable to the salesperson:

(1) For motor cars up to and including 20 hp, an overhead cost allowance of

$122.15 per week, plus a weekly amount calculated at the rate of 12 cents per kilometre for the actual distance travelled by his or her car each week in connection with his or her employment.

(2) For motor cars over 20 hp an overhead cost allowance of $135.70 per

week, plus a weekly amount calculated at the rate of 18 cents per

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kilometre for the actual distance travelled by his or her car each week on connection with his or her employment.

(3) For the purposes of paragraphs (i) and (ii) hereof, distance travelled to

and from the place where the vehicle customarily is housed shall be regarded as travel in connection with the employment.

(4) The overhead allowances prescribed by subparagraphs (1) and (2)

hereof, shall be paid during each week of the calendar year except in respect of periods:

(A) when the salesperson is absent from duty without the consent of

the employer; (B) in excess of three consecutive weeks when the vehicle is

unavailable due to accident or mechanical defect; (C) in excess of a total of three complete weeks in any one year due to

personal illness or incapacity of the salesperson; provided that any such claim for any period of less than one week shall not be taken into account for the purpose of this paragraph.

Other than in cases of termination of employment, four weeks’ notice

shall be given to a salesperson by the employer that the salesperson is no longer required to provide his or her own vehicle.

(iii) In the case of casual use by a salesperson of his or her own vehicle in the

course of his or her duties and by agreement with his or her employer, the salesperson shall be reimbursed at a rate of not less than 48 cents per kilometre.

(j) Work on a Sunday A vehicles salesperson required by his or her employer to work on a Sunday other

than a Sunday which is his or her rostered day off shall be paid, in addition to his or her ordinary rate, as follows:

(i) if more than half a day is worked - 2/5ths of the appropriate weekly rate

prescribed by Clause 8 - Wage Rates;

(ii) if half a day or less is worked - 1/5th of the appropriate weekly rate prescribed by Clause 8 - Wage Rates.

(k) Work on Holidays and Days Off

(i) All work done by a vehicle salesperson on the instruction of his or her employer on his or her rostered day or half day off shall be paid for at the rate of double time.

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For the purpose of this subclause, double time shall mean: (1) if more than half a day is worked - 2/5ths of the weekly rate prescribed

by Clause 8 - Wage Rates; (2) if half a day or less is worked, 1/5th of the weekly rate prescribed by

Clause 8 - Wage Rates.

(ii) All work done by a vehicle salesperson on the instruction of the employer on a holiday referred to in Clause 16 - Holidays with Pay, shall be paid for at the rate of double time and one half.

For the purpose of this subclause, double time and one half shall mean:

(1) if more than half a day is worked, one half of the appropriate weekly rate prescribed by Clause 8 - Wage Rates;

(2) if half a day or less is worked, one quarter of the appropriate weekly

rate prescribed by Clause 8 - Wage Rates. F D Westwood PRESIDENT 27 January 2000

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APPENDIX A

COMPARATIVE SCHEDULE OF OLD CLASSIFICATIONS TO NEW BROADBANDED WAGE GROUP LEVELS

Old Classification New Wage Group Level • An employee who is required to work alone N/A • Assembler and/or accessory fitter 3 • Assembler of new motor vehicles or parts 3 thereof (not including tradesmen) • Automotive electrician 6 • Automotive serviceman 5 • Bodymaker 6 • Chassis straightener(as defined) 6 • Cleaner and/or floorman 1 • Counter salesperson - qualified 4 • Counter salesperson - unqualified 4 • Country traveller 7 • Driver of mobile crane 4 • Driver of motor vehicle having maker capacity of: - under 3 tonnes 4 - over 3 tonnes but under 6 tonnes 4 - over 6 tonnes but under 11 tonnes 4 • Driver of a towing vehicle having makers capacity of: - under 3 tonnes 4 - over 3 tonnes but under 6 tonnes 4 • Electroplater 6 • Employee driving motor vehicle having makers capacity of: - under 3 tonnes 4 • Employee polishing and/or cutting, using buff or wet and dry rubber 2 • Employee serving petrol or oils 1 • Employee washing and/or polishing by hand 1 • Fitter and turner 6 • Lubritorium employee (oiling and greasing) 2 • Machinist 1st class 6 • Machinist 2nd class 3 • Machinist 3rd class 2 • Manager of a service station: - where 5 or more employees are employed 6 - where 3 or 4 employees are employed 5 - where 2 employees are employed 4 - where employed alone 4 • Motor cycle and/or small engine mechanic 6 • Motor mechanic 6 • Motor vehicle salesperson after 6 months of service 6 • Motor vehicle salesperson - other 4

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Old Classification New Wage Group Level • Painter 6 • Painter labourer 3 • Panel Beater 6 • Parking attendant 1 • Probationary traveller 3 • Process Worker 2 • Radiator repairer tradesman 6 • Section manager and/or buyer/orderer (as defined: - of a section where 5 or more employees are employed 6 - of a section where 3 or 4 employees are employed 5 - of a section where 2 employees are employed 4 • Signwriter 6 • Steam cleaner 3 • Storeman 4 • Trades assistant 1 • Trimmer 6 • Town or local traveller 5 • Tyre serviceman 2 • Welder special class 6 • Welder 1st class 6 • Wheel aligner-tradesman 6 • Wheel aligner-other: - first 12 months experience 3 - thereafter 4 • Wood machinist 6 Comparative Schedule of Old Classifications to New Broadbanded Wage Group

Levels Existing Classification New Wage Group Level First year's adult experience 3 Second year's adult experience 4 Third year's adult experience 5 Fourth year's adult experience 6 Fifth year's adult experience 6 Sixth year's adult experience 6 An accountant or chief clerk 8 A clerk who is in charge of and responsible for the work of: 5 or more employees 7 3 or 4 employees 6 2 employees 6 Provided that transition to the new structure shall be based on skill and not on years of experience.

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Explanatory Notes

“Automotive serviceperson (experienced)” means an adult employee not being a tradesperson, engaged in checking and adjusting in the processes of pre-delivery or after-sales service in accordance with manufacturers’ periodic service procedures, excluding any function requiring a tradesperson’s skill and knowledge. “Process Worker” means an adult employee engaged: (a) on repetition work on any automatic, semi automatic, or single purpose machine or

any machine fitted with jigs, gauges or other tools rendering operations mechanical (and in connection with which he is not responsible for the setting up of the machine nor for the dimensions of the products other than by checking with gauges which are unadjustable or, if adjustable, shall not be set by the operator); or

(b) in the assembling of parts or mechanical appliances or other articles so made in

which no fitting or adjustment requiring skill is required; or (c) in specialised processes not requiring use of hand tools except hammers, pliers,

screwdrivers, spanners and files and such tools as are necessary for deburring or removing rags or edging.

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APPENDIX B

IMPLEMENTATION OF CLASSIFICATION STRUCTURE

(a) New Classification Structure Transition/lmplementation Period The transition implementation period will operate for a four month period

commencing 22 November 1994 and is to allow management and employees to become familiar with the new career structure for employees. At the end of this period, subject to refinement, the parties will incorporate the new definitions into the award. All employees will be transferred into the main body of the award from 22 March 1995.

(b) Objectives of the Transition/lmplementation Period

. During the transition/implementation period the objectives for employers, unions and employees are to:

. Familiarise themselves with the new classification structure;

. Transfer employees from existing classifications to their appropriate new

classification (subject to this appendix);

. Implement the new classification structure and operate under the broader definitions;

. Identify and resolve any problems created by the transition; and . Advise either their employer organisation or union of any special problems

they may have encountered or envisage for the future.

(c) Disagreements/Disputes The parties recognise that the transition/implementation period may give rise to

special problems but the parties commit themselves to avoiding disruption to normal work.

As far as possible disagreements between employers and employees should be

resolved at the workplace by the parties themselves. In the event of continuing disagreement over an employee's new classification the

parties should refer to the award dispute settling procedure. (d) Union Commitment It is agreed between the parties that the process of transition from the old

classification structure to the new classification structure cannot in itself justify a wage increase in addition to any general wage increase which might be awarded by

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the Tasmanian Industrial Commission. During the transition/implementation period the unions will not support claims for levelling up overaward payments.

The parties agree to discuss the most effective way of implementing the new career

structure consistent with the principles of award restructuring. (e) Developing a New System of Training Education As the new classification structure is based on levels of training, skill and

competence, the ongoing training of employees is essential if the aims of both employers and employees are to be achieved. This requires:

. Defined skill and competency standards for each classification level;

. Training course structures which support the overall aims of the new

classification structure;

. Skill level descriptions that are broadly based and allow for the flexible use of skills by employees.

In many cases current training arrangements, both on and off the job, are based on

the old, more narrow classifications and need modification because they are not appropriate to the new classification structure.

Much of the existing training system does not adequately, reflect the demands of

new technology and the need for quality. unions, employer organisations, TAFE and government have been co-operating in developing new courses and training arrangements to support these objectives.

(f) Transitional Problems Before explaining the new system, employers and employees should be aware that

transforming the training systems to match the new classification structure is a gradual process that will take some time to complete. TAFE, other training providers and companies will need time to develop new courses and means of skill assessment.

(g) Modular Training In order to make training more nationally recognisable and interchangeable training

courses provided by TAFE and other institutions are being restructured around standardised modules.

Once competency standards have been developed the process of transferring

employees to different skill levels will be based on the assessment process determined by the parties.

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Courses will be made up of groups of modules which follow each other in a sequence. Each module will stand alone but also be part of a wider course or courses.

A modular course structure makes it easier for employees to gain credit for skills

already held and enables employers and employees to more closely tailor courses to their needs. Institutions offering training modules, such as TAFE, will centrally register and assess modules, through the national standards process, so that credit for training can be granted anywhere in Australia. The parties also intend to ensure that the same credit arrangements apply to non TAFE based training.

(h) Classification/Reclassification In order to assist in the classification or reclassification of employees the following

arrangements shall apply:

(i) The parties at each plant or enterprise shall undertake appropriate consultation in accordance with this award.

(ii) Any disputes in relation to classification or reclassification shall be handled in

accordance with the procedures of this award.

(iii) Wage increases arising from the broad banding and adjustment of minimum rates are subject to absorption into existing overaward payments.

(iv) Reclassification will be according to the following principles:

(1) Employees will have transferred to the new classification structure

without loss of pay in accordance with Clause 8 - Wage Rates of this award which "lines-up" the old classifications with the new levels.

(2) While the transitional arrangements are being finalised, including the

skill standards and skill assessment procedure, an employee shall be entitled to seek reclassification on the basis that he or she meets the requirements of the old definitions, as set out in the award.

(3) In the event that there is a claim for reclassification by an existing

employee to a higher level under the new structure on the grounds that the employee possesses equivalent skill and knowledge gained through on-the job experience or on any other ground the following principles apply:

(A) The parties agree that the existing award disputes avoidance

procedure shall be followed. (B) Agreed competency standards shall be established by the parties

for all levels in the new classification structure before any claims for reclassification are processed.

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(i) New Courses and Qualifications

(i) Repair Service and Retail Industry Certificate

A new Repair, Service and Retail Industry Certificate will be developed as

The new training system will enable non-trade employees to undertake structured on and off-the job training. New courses are being developed for non-trade and trade employees. These may range from traineeships for employees entering the industry from school to RS&R certificates.

The basis for these courses may include broad based modules referred to in

(ii) below for the first year of the apprenticeship. This will assist to facilitate repair, service and retail workers to undertake courses which can later be used as credit to trade certificates and higher level courses.

(ii) Trade Training

The new classification structure no longer provides for specific trades

classifications such as 'automotive electrician", "welder", "instrument mechanic - automotive" or "motor mechanic". These positions are now classified as a repair service and retail industry tradesperson or equivalent with a broader job description.

Various training courses and arrangements apply in respect of this level. At

present this level is reached by completion of the relevant trade course but may also be attained by a person with seven years experience as an automotive parts interpreter.

Trade training courses will move towards being competency based rather than

time based. This means that completion of the course will be determined by achievement of the defined competency level rather than the completion of a prescribed number of hours.

On completion of these broad based modules an apprentice will move on to

the specialist modules of his/her stream and further specialisation in specific stream skills.

(iii) Post Trade Certificates

Post trade qualifications in the past have consisted of a range of qualifications

and certificates with no standard approach across industries. New Post Trade Certificates are being developed based on nationally recognised and accredited modules.

The following principles apply to anyone training to broaden their work in

another trade area:

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The tradesperson or equivalent must meet the appropriate entry requirements set for each module or course of training. If the tradesperson does not have the prerequisites then he/she must first undertake bridging training to reach the entry requirement.

In assessing the entry requirements credit should be established for skills and

training already possessed.

Training courses to be recognised by the award should be structured rather than being a collection of modules available to be chosen at random. The structured approach ensures that at the end of a course the tradesperson should know what they are doing rather than simply how to do it.

That any TAFE or other formal training would, where appropriate, be

supported by structured on the job training in the same way as apprentices are taught on the job under supervision of the tradesperson.

A non electrical tradesperson for example may need to do introductory

training in the electrical/electronic stream to raise his/her understanding to the appropriate level. In such cases it would mean more training before being able to do electrical work.

(iv) Secondary Education

Changes to high school retention rates may increase the number of

Tasmanian Certificate of Education students seeking apprenticeships. This extra two years of study will offer the opportunity for school students to undertake subjects which carry credit to a later trade course.

(j) Classifications

For the purposes of this award the following classifications shall apply:

Classification Wage Group Level Relativity

Automotive Industry RS&R Employee - Level 1 R1 78

Automotive Industry RS&R Employee - Level 2 R2 82 Automotive Industry RS&R Employee - Level 3 R3 87.4 Automotive Industry RS&R Employee - Level 4 R4 92.4 Automotive Industry RS&R Employee - Level 5 R5 96.2

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Classification Wage Group Level Relativity Automotive Industry RS&R Tradesperson or equivalent - Level I R6 100 Automotive Industry RS&R Tradesperson or equivalent - Level II R7 108 Automotive Industry RS&R Tradesperson or equivalent - Level III R8 115 (k) Transfer Process

1. Step one - establishing the correct current award classification

Step one in transferring to the new classification structure involves

INTERNAL CLASSIFICATIONS AND AWARD ALIGNMENT

Where there are internal classifications which do not directly correspond with an old award classification as far as possible attempts should be made to align such classifications with the most appropriate old award classification.

For example, an employee may have been given an in house title which does

not easily relate to any award title. In such cases, the most appropriate old award classification should apply.

Similarly, an employee may have a specific title but a higher wage grouping

or trades rate for payment purposes. Such a wage group may have resulted from the need to recognise additional or specialised skills. Where this is the case the appropriate new award classification will depend on which old classification more closely describes what work the employee is performing.

This will make the transfer process more manageable. Where this is not

possible, see paragraph (iii) below.

2. Step two

Schedule A to this award should then be consulted to determine which new level applies to each classification. Each employee should then be aligned to the appropriate level in the new classification structure in this fashion.

3. New Employees/Award Alignment not Possible

In cases where the internal classification cannot be aligned with an existing

award classification, the employee's location within the new classification structure should be determined as follows: 1. By determining an employee's qualifications and/or experience.

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2. By examining the employee's job function and the comparative skill level

of those functions. 3. By examining the definitions and skill standards of the new classification

structure and assessing where the employees qualifications and/or job functions appear to fit; and

4. By using as a guide the new classifications level of other employees

performing similar jobs and skills and the employee in question.

The above criteria will also apply to new employees.

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APPENDIX C

Tasmanian Chamber of Commerce Industry Superannuation: A. & J. Francis trading as Jan & Albies Performance Centre S.P. and W.J. Loone trading as S.L. Autopainters M.W. & K.L. Wilson trading as Westbury Engineering Apollo Batteries (Tasmania) Pty Ltd G.J. & L.M. Emmett trading as Tecemco Lysblend Pty Ltd trading as John Hall Autos Gaja Holdings Pty Ltd Garth Heywood Trucks Pty Ltd B.A. & E.M. Kilby trading as Kilby's Bodyworks B.E. & M.F. Connolly trading as Brian Connolly Bodyworks Broadby Holdings Pty Ltd trading as Cramp Bros. Bodyworks B. & H. Radiator Pty Ltd S. & P. Services Pty Ltd trading as Mullins Bodyworks M.E. & C.M. Evans trading as Car Craft M.E. & C.M. Evans trading as Novus Windscreen Repairs Launceston A.M. Streets trading as A.M. Streets Motor Trim Harback Earthmoving Pty Ltd Ferguson Car Accessories Pty Ltd Tilley's Speed & Auto F.T. Guy Bodyworks Pty Ltd Guy's Marine Pty Ltd P.R. Investments Pty Ltd Riccardo Morganti Van Dieman Roadhouse Colonial Mutual Pace Personal Superannuation Fund: Park Homes Pty Ltd Shaw Contracting Pty Ltd Superannuation by MLC: Shaw Contracting Pty Ltd A-D Division Superannuation Fund Administered by Mercantile Mutual Life: Atkins Carlyle MTC & CEM Superannuation Fund administered by Armstrong Jones: M.T.C & O.E.M. Gray Pty Ltd trading as Merv Gray Auto Parts and Machine Shop

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Brick & Pipe Industries Ltd Retirement Fund: Clifton Brick (Tasmania) Pty Ltd MLC Employer Master Fund: FRM Materials Handling Pty Ltd Tas Engineering Superannuation Fund: Truck 'N' Trailer (Tas) P/L Mercantile Mutual Life Employer Sponsored Superannuation Fund: Hays Auto Electrics Flexisuper National Australia Personal Superannuation Fund: B.P. Bridgewater Pump and Plant Services MTAA Industry Superannuation Fund: Mike Trinders Autoland Pty Ltd Century Motors Pty Ltd Supertrim Pty Ltd GIO Superannuation Fund: North City Cars and Commercials Pty Ltd

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