Summary of Timber Industry Award 2010

Transcription

1 Summary of Timber Industry Award 2010 Published: 22 June 2015 Operative date: first full pay period This summary of the award is current from 1 July 2015, and is provided for convenience of reference only. It is not an official document and is not intended to take the place of the award or other legislation. This summary is believed to be accurate but the TMA and its agents give no warranty of accuracy or liability for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon. This summary is also based on our interpretation of the provisions of the Fair Work Act 2009, and we cannot warrant that this interpretation will ultimately be determined to be correct. This summary should be read in conjunction with any agreement that has been approved by the relevant government authority that is in force in the workplace. There are different relationships between awards and agreements depending on when the agreement was made please contact Emma Watt, Industrial & Employee Relations Manager for TMA on if you have any queries. The National Employment Standards and the provisions of the award take legal precedence over any other arrangements in the workplace, including individual informal agreements with employees, except where those agreements are made in accordance with the award flexibility provisions. The terms and conditions contained in this document apply to all private sector employers except sole traders and partnerships in Western Australia. The Timber Industry Award 2010 covers people who are employed in the timber merchandising, timber manufacturing and timber wholesaling industries. Employers are obliged to ensure that employees have access to a copy of the award and the National Employment Standards either on a noticeboard at the workplace or through electronic means.

2 Section 1 - Wage rates Full time and part time employees - 21 years or older Modern award classification Hourly rate Weekly rate Overtime T1.5 Overtime T2 Ordinary time Saturday Ordinary time Sunday Public holidays Level Level Level Level Level 5 (minimum trade level) Level Level 7 (Timber Tradesperson Millwright) Casual employees - 21 years or older Modern award classification Casual rate 25% Overtime T1.5 Overtime T2 Saturday Sunday Public holidays Level Level Level Level Level 5 (minimum trade level) Level Level 7 (Timber Tradesperson Millwright) Section 1 Wage rates Timber Industry Award

3 Junior rates of pay Full time and part time employees - under 21 years Modern award classification Hourly rate Overtime T1.5 Overtime T2 Ordinary time Saturday Ordinary time Sunday Public holidays 16 years old years old years old years old years old Casual employees - under 21 years Modern award classification Casual rate 25% Overtime T1.5 Overtime T2 Saturday Sunday Public holidays 16 years old years old years old years old years old Section 1 Wage rates Timber Industry Award

4 Apprentice rates of pay Apprentices other than saw doctor apprentices who commenced before 1 January 2014 OR who commenced after 1 January 2014 and have not completed Year 12 Level Percentage of trade rate Ordinary hourly rate Overtime T1.5 Overtime T2 First 50% Second 60% Third 75% Fourth 90% Apprentices other than saw doctor apprentices who commenced after 1 January 2014 and who HAVE completed Year 12 Percentage of Level trade rate Ordinary hourly rate Overtime T1.5 Overtime T2 First 55% Second 65% Third 75% Fourth 90% Section 1 Wage rates Timber Industry Award

5 Section 2 - Key award provisions Award Flexibility Employers and individual employees may make an Individual Flexibility Arrangement (IFA) about: arrangements for when work is performed allowances overtime rates leave loading penalty rates The employee must be demonstrably better off under the IFA than under the award. This would involve comparing all award entitlements to the proposed rate of pay. Some employers use this method to pay a flat rate to employees regardless of the day of the week / time of day they work. It can also be used where an employee is paid a salary. If you are considering implementing an IFA please contact Emma Watt. Consultation If employers decide to make a major workplace change that will significantly affect employees, employers must consult all employees and discuss the proposed changes. Contact Emma Watt for further information. Types of employment Employees can be engaged as full time, part time or casual employees. Full time employees: Work an average of 38 hours per week, 76 hours over 2 weeks, 114 hours over 3 weeks or 152 hours over a four week period. Part time employees: Have a regular pattern of work, averaging less than 38 hours per week. Minimum daily engagement is 3 hours Must have the following agreed in writing: o Hours worked each day o Days of week to be worked o Starting and finishing times each day o Any change to agreed hours Any time worked in excess of the agreed daily fixed hours must be paid at overtime rates Casual employees: o o o An employee paid by the hour at 1/38 th of the award rate plus 25% loading Paid overtime at overtime penalties based on loaded rate of pay Minimum daily engagement is 4 hours Notice of termination of employment Service Notice < 1 year 1 week 1-3 years 2 weeks 3-5 years 3 weeks > 5 years 4 weeks If the employee has at least 2 years service and is over 45 years old, an extra week is due if notice is given by the employer If an employee fails to give the correct notice, the employer can withhold ordinary pay for the notice period from the final pay. Allowances If an employee is required to: o use their own motor vehicle for work 78c/km o act as a leading hand supervising 2-6 employees, receive additional $25.24 per week. Supervising 6 or more employees, receive additional o $39.01 per week work 2 hours overtime or more without notice, a meal is provided or a meal allowance is payable - $ Further allowance is payable after 4 hours overtime o work as a first aid attendant for 3 days or more a week, receive an additional $15.30 per week Higher duties are payable for day or shift where an employee works more than 2 hours at higher grade, at the higher rate of pay. Section 2 Key award provisions Timber Industry Award

6 Please consult the award for a full list of allowances. Superannuation Employees are usually entitled to choose a superannuation fund of their choice. If they fail to make a choice, the award lists the default funds into which the employer must pay superannuation. From 1 July 2014 superannuation is 9.5% or ordinary time earnings. Hours of work Day Workers spread of ordinary hours Monday to Friday 6:30am 6pm Saturday & Sunday By agreement weekend penalties below. Shift Workers Average of 38 hours a week Includes Saturday and Sunday by agreement with additional weekend rates below. Overtime and penalties Employees can be required to work reasonable overtime, which is any time worked in excess of the employee s normal hours, or outside the spread of hours. Time worked by part time employees in excess of the hours agreed in writing is at overtime rates. Rate is time and a half for the first two hours each day and double time thereafter. Full time or part time employees All Saturday overtime time and a half for the first 2 hours and double time thereafter, All Sunday overtime double time All public holiday work double time and a half All work on rostered days off - time and a half for the first 2 hours and double time thereafter Breaks A meal break of up to 1 hour (or other agreed time) is provided. An employee must not work for more than 5 hours without a meal break. If any employee is required to work through their lunch break, they are paid at double time. All further work performed until a lunch break is provided is paid at time and a half. An employee working overtime at the employer s request is allowed a paid crib break of between minutes depending upon circumstances. Annual leave Four weeks of annual leave for a full time employee (extra for defined shift workers), pro rata for a part time employee. Casual employees don t get annual leave. Annual leave is paid at the amount the employee would have received for their ordinary hours i.e., what they would have been paid for working an ordinary shift. Leave loading is payable during a period of annual leave. It is calculated on the minimum award rates of pay. The rates of leave loading are: Day workers 17.5% Shift workers either the above loadings or the applicable shift loading, whichever is greater. Personal/carer s leave Ten days of personal/carer s leave for a full time employee, pro rata for a part time employee. Casual employees don t get paid personal/carer s leave, but are entitled to take some unpaid personal/carer s leave. Employers may require that employees comply with reasonable notification and certification requirements, even for unpaid personal/carer s leave. The employer s policy on notification of absence and substantiation of personal/carer s leave should be clearly communicated to employees. Employees may cash out part of their untaken personal/carer s leave if: They apply to do so in writing, no more frequently than once every 12 months; They cash out no more than 64 hours of personal/carer s leave; and After cashing out leave, they would still have at least 114 hours of accrued but untaken personal/carer s leave. Section 2 Key award provisions Timber Industry Award

7 Compassionate leave Two days of paid leave per occasion for full time or part time employees who need to be absent because a member of their immediate family or household is has a life threatening illness or injury, or dies. This leave is not taken out of the personal/carer s leave accrual, it is extra. No cap on number of occasions per year. Casual employees may take unpaid compassionate leave. Immediate family means spouse or de facto partner, child, parent, grandparent, grandchild or sibling of the employee, or of the employee s spouse or de facto partner. Public holidays As gazetted in each State and Territory. Employers and employees may agree to substitute another day for the public holiday. Employees may agree to work on a public holiday if the request to work is reasonable. Community Service leave Employees are entitled to be absent if they are called to jury service (and are entitled to some payments, talk to Emma Watt about this) or if they are a member of a voluntary emergency services organisation such as a volunteer fire service or the State Emergency Service (unpaid leave). This document is a summary only of the key provisions of the Award. Please make sure you consult the full award and/or talk to Emma Watt, Manager Industrial & Employee Relations on or by on emmaw@timber.asn.au if you are unsure about award provisions or the National Employment Standards. Section 2 Key award provisions Timber Industry Award

8 Section 3 - Classifications These classification descriptions have been extracted from the award. For a full description of classifications, please consult the award. General Timber Stream General Timber Stream Level 1 An employee at this level will: Receive instruction/training and display an understanding of company policies and procedures such as OHS, conditions of employment and of the industry generally; Demonstrate the ability to follow instructions, manual handling skills; and the ability to follow standards and procedures; Demonstrate knowledge of basic hand tools; Work under direct supervision and exercise minimal judgement. Restricted to the first three months an employee is employed in the timber industry. General Timber Stream Level 2 Indicative tasks may include: Assists in assembling wall frames and roof trusses; Operates a chainsaw at a basic level ancillary to normal duties; Operates a range of basic pre-set wood machines; Sorts, stacks and binds materials; Racks timber (manually or mechanically); and Primes and paints General Timber Stream Level 3 Indicative tasks may include: Demonstrates basic keyboard skills; Size and straighten timber to feed dresser; Tails out moulder, planer or equivalent, and pulls out behind saw benches; Checks timber and operates docking and/or trim saw to eliminate defects; Prepares timber orders and tallies timber; Assembles wall frames and roof trusses; Assists in setting up a jig for standard A roof trusses Responds to routine customer enquiries and lays out stock for delivery driver. General Timber Stream Level 4 Indicative tasks may include: Collects payment for goods from customers; Operation of mobile equipment appropriate to this level while holding appropriate licence (forklift); Maintains and fault finds on plant and equipment (including lubrication); and Demonstrates intermediate keyboard skills including CNC operations in saws/and or machines where the operator controls one process only. Sets up, monitors and operates band or circular saw; Assembles wall frames & roof trusses including operation of and responsibility for wall frame fabricating machines manually controlled. Section 3 Classifications Timber Industry Award

9 General Timber Stream Level 5 (100%) Timber tradesperson wood machinist; Timber tradesperson wood turner; Timber tradesperson carpenter/joiner General Timber Stream Level 6 Timber tradesperson a saw doctor tradesperson, wood machinist tradesperson or millwright special class who have completed appropriate post trade training, or Trade qualified employee who: o Operates range of complex machines, saws or equipment o Performs work under limited supervision; o Understands and applies quality control techniques; o Responsible for planning own work and the work of others and for the quantity and the quality of the results of that work; and o Supervision and training of other employees as required o Can operate a mobile crane with a lifting capacity over 100 tonnes and drive a rigid vehicle combination exceeding 94 tonnes GCM General Timber Stream Level 7 Timber tradesperson millwright special class 7 a millwright who has completed further training modules towards an Advanced Certificate or Associate Diploma or Certificate IV. Section 3 Classifications Timber Industry Award