AP782505CR - Graphics Arts - General - Award 2000
[Common rule declared by PR953999 from 01Jan05]
Further to the decision issued by the Commission on 6 December 2004 [PR953989] and pursuant to ss. 141 and 493A of the Workplace Relations Act 1996 (the Act), the Commission makes the following declaration for a common rule award:
1. In this Declaration:
1.1 the award means the Graphic Arts - General - Award 2000, as varied from time to time;
1.2 employees means employees in the industry defined in 1.4.1 and 1.4.2 herein who perform work of a kind that is covered by the award;
1.3 employers means employers who employ employees;
1.4 the industry means the printing industry which includes:
1.4.1 Any business, trade manufacture, undertaking, calling, service employment, handicraft or industrial occupation or avocation on land or water in the printing industry or a kindred industry including (without limiting the generality or ordinary meaning of the foregoing description) composing, reading, electrotyping, stereotyping, letterpress machining, lithographic machining, lithographing, machining, printing of all classes, slug-casting or type-casting machine attending and adjusting and/or repairing, type-founding, engraving, process engraving and/or photo engraving, commercial and/or lithographic designing, writing and/or drawing, publishing, despatching, book-binding, binding, paper ruling, paper cutting, paper making, paper working, calico and/or paper bag making, envelope making, stationery making, paper products working, embossing, cardboard box making, carton making (including the making of any kind of boxes and/or containers of paper and/or cardboard used alone or in combination with any other material or materials), plastics manufacturing or any of the processes of or incidental to the manufacturing of plastics or of goods manufactured therefrom or substitutes therefore, mailing houses, including(without limiting the generality or ordinary meaning of the phrase) folding, paging, numbering, perforating, gathering, collating, inter-leaving, wrapping, sealing, addressing, mailing, despatching, stamping, inserting, security paper working, wire stapling, envelope working, direct mail systems working, addressograph work, paper products work and machine work in or in connection with enveloping, sealing, automatic/computer addressing and/or wrapping; and
1.4.2 Any employer wherein employees of the employer are employed in or in connection with the following industrial pursuits:
1.4.2(a) The composing or imposition or assembly of matter which is to be printed and the transference of images by use of cameras or scanners or transparency duplications to obtain a relief of planographic or intaglio formation for printing, composing, reading, electrotyping, stereotyping, letterpress machining, lithographic machining, lithographing, machining, printing of all classes, slugcasting or type-casting machine attending and adjusting and/or repairing, type-founding, engraving, process engraving and/or photo-engraving, commercial and/or lithographic designing, writing and/or drawing, publishing, despatching, bookbinding, binding, paperruling, paper cutting, paper making, paper working, calico and/or paper-bag making, envelope making, stationery making, paper products working, embossing, cardboard box making, carton making (including the making of any kind of boxes and/or containers of paper and/or cardboard used alone or in combination with any other material or materials), plastics manufacturing or any of the processes of or incidental to the manufacturing of plastics or of goods manufactured therefrom or substitutes therefore.
2. That save for and subject to the matters referred to in clauses 4 to 7 below, the whole of the terms of the award, as varied from time to time, except those specified in clause 3 below, shall be:
2.1 a common rule for the industry in Victoria operating within a forty kilometre radius of the Melbourne General Post Office and within a radius of three kilometres of the main post office in the cities of Ballarat, Bendigo, Geelong and Geelong West and known as the Graphic Arts - General - Victorian Common Rule Declaration 2005;
2.2 binding on all employers in respect of the employment by them of employees;
2.3 binding on all employees; and
2.4 binding on the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the registered organisations respondent to the award.
3. The following clauses of the award are not included in the Graphic Arts - General - Victorian Common Rule Declaration 2005:
3.1 clause 1.5 - Date the award starts;
3.2 clause 1.6 - Industry of the award;
3.3 clause 1.7 - Area of operation;
3.4 clause 1.8 - Scope and parties bound;
3.5 Schedules A-K inclusive;
3.6 Appendices A, B, C only as it applies in New South Wales and Appendix E.
4. Subject to 4.1 to 4.5 below, all provisions in the Graphic Arts - General - Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.
4.1 With respect to annual leave, only periods of annual leave commencing on or after 31 January 2005 attract leave loading.
4.2 With respect to redundancy payments for employees of employers who have fewer than 15 employees, only service on or after 1 January 2005 is to be taken into account for the purpose of calculating service.
4.3 With respect to redundancy payments for employees of employers who have 15 employees or more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating service. [Note: the agreement in respect of this issue is without prejudice to the position a party may put in roping-in proceedings.]
4.4 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August 2004.
4.5 The wages clauses (including all allowances and penalty payments) are to commence operation from the first pay period on or after Monday, 3 January 2005 provided that in all cases the wages clauses commence operation no later than 5 January 2005.
5. The Graphic Arts - General - Victorian Common Rule Declaration 2005 shall not apply to employers respondent by any means to any other award of the Commission in respect of the employment by them of employees covered by that award.
6. This declaration shall not apply to a person with a disability who is eligible for a Disability Support Pension and who is employed by a supported employment service that receives funding under the Disability Services Act 1986 to provide support for that person. [See Note 1 below]
7. An employer who is making superannuation contributions into a complying superannuation fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an employee covered by this declaration, prior to the date of effect of this declaration is exempt from any provision in the award which specifies the fund or funds into which superannuation contributions are to be paid. [See Note 2 below].
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7.1 Employers in new businesses established on or after 1 January 2005 shall in respect of each of their employees covered by this declaration make contributions to either of the following Industry Superannuation funds, at the election of the employee:
7.2 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 (collectively the superannuation legislation). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
7.3 An employer must, in accordance with the governing rules of the relevant Fund, make such superannuation contributions for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under the superannuation legislation with respect to that employee. For the purposes of the superannuation legislation, an employee’s ordinary time earnings are intended to provide that employee’s notional earnings base.
7.4 For the purposes of superannuation contributions made by an employer for the benefit of an employee covered by this declaration:
7.4.1 employee means an employee as defined in 1.2 above;
7.4.2 ordinary time earnings means the classification rate, overaward payment and shift loading. It shall also include award prescribed all purpose wage related allowances such as VDT allowances, leading hand allowances.
8. In the event of a dispute about the entitlement of an employer to set-off entitlements and benefits provided under a contract of employment made prior to the date of this declaration against entitlements and benefits required to be provided under the Graphic Arts - General - Victorian Common Rule Declaration 2005, the matter may be referred to a Board of Reference, consisting of a member of the Commission, which shall determine whether or not such a set-off should be permitted having regard to what is fair and equitable in all the circumstances of the case, without regard to technicalities and legal forms.
8.1 An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.
8.2 This clause shall apply for a period of twelve months from the commencement date of the Graphic Arts - General - Victorian Common Rule Declaration 2005.
8.3 Any registered organisation bound by the terms of the Graphic Arts - General - Victorian Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation to any application made pursuant to this provision.
9. Nothing in this declaration reduces or in any way detracts from any accrued rights to any forms of leave including sick leave, annual leave, long service leave or parental leave to which employees or any of them have become entitled by accrual or otherwise prior to the commencement date in clause 10 below.
10. This declaration shall be an award of the Commission, shall come into force on 1 January 2005 and shall remain in force for a period of three months and thereafter in accordance with the Act. [See Note 3 below].
Note 1
1. Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
2. The intention of this provision is limited to preventing the award from applying to sheltered workshops (i.e. supported employment services) - it does not prevent the award from applying to employees with disabilities in open employment; and
3. Leave is reserved for any party to have this issue reconsidered in the light of any developments in the national process which is currently considering workplace relations issues for sheltered workshops. This national process includes the Disability Sector National Industry Consultative Council and any related applications that seek award coverage for sheltered workshops.
Note 2
1. The purpose of the exception above is to maintain the status quo in respect of employers who, as at the date of effect of the common rule declaration, are making superannuation contributions into a complying superannuation fund. These employers will not be required to change their existing arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an agreement between the employer and employees. For the avoidance of doubt, the exception continues to apply to employers who are making superannuation contributions to complying superannuation funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which benefits are transferred, after the date of effect of the common rule declaration, in accordance with the Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further, “existing arrangements” includes the making of contributions to such funds.
2. The exception is in respect of current and future employees of the employers who are entitled to the benefit of the exemption.
3. The exception does not apply to new businesses which are established after the date on which the award is declared to have effect as a common rule.
4. The exception only applies to employers who are required to apply the terms of the award by virtue of the Common Rule declaration. It does not apply to employers who are named respondents to the award or who are parties bound by virtue of the membership of an employer organisation.
5. The exception applies subject to any Commonwealth legislation to the contrary.
Note 3
1. Subject to section 113 of the Workplace Relations Act 1996 and any order of the Commission, an award dealing with particular matters continues in force until a new award is made dealing with the same matters (see s.148 of the Workplace Relations Act 1996).
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