AN120187 – Dry Cleaning (State) Award
10.1 Task System
Where an employer introduces a task system, the minimum task attracting the minimum rates provided for in this award must be determined in a manner prescribed by this award, and must be made known in writing to all employees to whom the task system applies, both individually and collectively.
10.1.1 The task rate in respect to all garments or other articles or parts of articles will be determined in the manner set out in this subclause and may only be altered in the manner set out in this clause:
(a) Where there are fewer than 20 employees involved in the work to be performed, the employer or his/her representative, in conference with two employees chosen by and from such employees, must agree the rates
(b) Where there are 20 or more employees involved in the work to be performed the employer or his/her representative in conference with three employees so chosen, must agree the rates
10.1.2 The task rates must be fixed so as to enable the average worker to earn the minimum wage prescribed by this award for the class of work to be performed; and any number of garments or parts of garments or other articles or parts of articles made in excess of the minimum weekly task fixed by the task rates for the minimum weekly wage must be paid for at pro rata plus 10%.
10.1.3 When an employee is employed for less than a week on the task rates, then the task of the said employees must be fixed at pro rata the weekly rate.
10.1.4 Any excess number of garments or parts of garments or other articles or parts of articles made in any day by the employee are subject to the same pro rata payment as would apply if the employee were engaged for the whole week.
10.1.5 Where employees work in a combination or team the additional amount of wages must be distributed amongst the employees on a percentage basis, according to the amount of their ordinary weekly wages. In this clause, a combination or team means two or more persons working together in the same class of work, employed on weekly wages where a task has been imposed.
10.1.6 Where a task worker is available, ready and willing to work during ordinary hours of duty prescribed by this award, and where the employer does not provide work for the task worker, the employer must pay the task worker at the appropriate weekly rate for the class of work the employee normally performs. In the case of apprentices and improvers, the employer must pay not less than the amount prescribed by this award for apprentices or improvers of like experience.
10.2 Piece-Work
10.2.1 Subject to payment of the minimum weekly wages prescribed by this award for employees in their respective classes, and to the conditions set out in this subclause, an employer in conjunction with his/her employees may fix piece-work rates. Such rates enable an employee of average capacity working under like conditions to earn at least 10% more than the minimum weekly wage in their respective classes. The same piecework rate must be paid to all piece-workers doing the same operation in the factory or workshop, including improvers or apprentices.
10.2.2 Where a piece-worker is available and ready and willing to work during the ordinary working hours prescribed by this award, and where the employer does not provide work for the employee, the employer must pay the employer the appropriate weekly rate for the class of work the employee normally performs. In the case of apprentices and improvers, the employer must pay not less than the amount prescribed by this award for apprentices or improvers of like experience.
10.2.3 The piece-work rate in respect of all garments or parts of garments or other articles or parts of articles must be determined in the following manner:
(a) Where there are 20 or more employees involved in the work to be performed the employer or his/her representative, in conference with three employees chosen by and from such employees must agree the rates.
10.2.4 The employer must, within 24 hours of a new piece rate scheduled being agreed, post and keep posted a signed and dated copy of the schedules in a conspicuous place in each room of the workshop or factory where such piece-work is being performed.
10.2.5 Adjustment of Piece-Work Rate
Piece-work rates must be adjusted proportionate to any alterations in the weekly wage set out in 14.2.
10.2.6 Bonus Or Other Method of Payment by Results
(a) Subject to employees receiving at least the appropriate minimum time rate provided by this award and subject to the following provisions of this clause, an employer may remunerate his/her employees under any individual or group bonus system or other system of payment by results.
(b) The employer may adopt any form of bonus system. Such system enables employees, who apply average skill and effort while working under normal conditions, to earn at least 10% above appropriate ordinary time rates.
(c) Before any such system is introduced, it must meet the following requirements:
(i) where there are fewer than 20 employees involved in the work to be performed, the system must be approved by two employees chosen by and from such employees;
(ii) where there are 20 or more employees involved in the work to be performed, the system must be approved by three employees chosen by and from such employees.
(d) Where a bonus system is in operation, the basis of such system must be reduced to writing. Where the union has at least one member covered by the system, the employer must provide a copy of this document on request, to the state secretary of the union, on a confidential basis. The basis of payment under any such system must not be altered except where warranted by change of circumstances, operations, methods or material or to correct a demonstrable clerical error or by mutual agreement between the employer and the majority of employees.
