AN120484 – Saddlery, Leather, Canvas and Plastic Material Workers' (State) Award
(a) Subject to the provisions of subclause (b) of this clause, an employee shall be paid wages on any day, Monday to Thursday, in each week and such wages shall be paid not later than two days after the end of the pay week in respect of which the wages have become due.
(b) Wages may be paid on Friday only in cases where the local branch or section of the union gives written permission to an employer.
(c) Employers shall pay all monies due on payday not later than fifteen minutes before knock-off time. Time waiting for payment after such fifteen minutes shall be paid for at overtime rates.
(d) Where a holiday occurs on a pay day the employee shall be paid on the day preceding the usual pay day, subject to any overtime or incentive payment being carried forward to the next week.
(e) Any employee who has worked only a portion of a week and who is dismissed by the employer or lawfully leaves the employment shall be paid on ceasing work all monies due.
(f) On a pay day the employer shall state to each employee in writing the amount of wages to which he is entitled and the amount of overtime paid or the number of hours of overtime, the amount of deductions made there from and the net amount being paid to him and the date to which wages are paid.
(g) An employee sent to work at a place other than his or her ordinary place of employment, shall be paid all fares and out-of-pocket expenses incurred in going to or from such place of employment, and shall, if the travelling is done outside ordinary hours, be paid at overtime rates for the time spent in travelling with a maximum of eight hours per day.
(h) Wages shall be paid as follows:
(i) In the case of an employee whose ordinary hours of work are arranged in accordance with clause 11A, Implementation of 38-Hour Week, of this award so that he works 38 ordinary hours each week, wages shall be paid weekly according to the actual ordinary hours worked each week.
Employee who works an average of 38 ordinary hours each week -
(ii) Subject to subclauses (j) and (k) of this clause, in the case of an employee whose ordinary hours of work are arranged in accordance with the said clause 11A, so that the employee works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.
Special Note - Explanation of Averaging System -
As provided in this subclause, an employee whose ordinary hours may be more or less than 38 in any particular week of a work cycle is to be paid wages on the basis of an average of 38 ordinary hours so as to avoid fluctuating wage payments each week. An explanation of the averaging system of paying wages is set out below -
(a) Paragraphs (b)(iii) and (b)(iv) of the said clause 11A provide that in implementing a 38-hour week the ordinary hours of an employee may be arranged so that the employee is entitled to a day off on a fixed day or rostered day basis during each work cycle. It is in these circumstances that the averaging system would apply.
(b) If the 38-hour week is to be implemented so as to give an employee a day off in each work cycle this would be achieved if, during a work cycle of 28 consecutive days (that is, over four consecutive weeks), the employee's ordinary hours were arranged on the basis that for three of the four weeks the employee worked 40 ordinary hours each week and in the fourth week the employee worked 32 ordinary hours. That is, he would work for 8 ordinary hours each day Monday to Friday inclusive for three weeks, and 8 ordinary hours on four weekdays only in the fourth week - a total of 19 days during the work cycle.
(c) In such a case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the employee shall be the average weekly wage rates set out for the employee's classification in clause 4, Wage Rates, of this award, and shall be paid each week even though more or less than 38 ordinary hours are worked that week.
In effect, under the averaging system, the employee accrues a credit each day the employee works actual ordinary hours in excess of the daily average, which would otherwise be 7 hours 36 minutes. This credit is carried forward so that in the week of the cycle that the employee works on only four days, the actual pay would be for an average of 38 ordinary hours even though, that week, the employee works a total of 32 ordinary hours. Consequently, for each day an employee works 8 ordinary hours he accrues a credit of 24 minutes (0.4 hours). The maximum credit the employee may accrue under this system is 0.4 hours on 19 days; that is, a total of 7 hours 36 minutes.
(d) As provided in subclause (i) of this clause, an employee shall not accrue a credit for each day of absence from duty other than on annual leave, long service leave, public holidays, paid sick leave, personal/carers leave, workers' compensation, bereavement leave or jury service. When an employee is absent from duty because of annual leave, workers' compensation, bereavement leave or jury service, the entitlement is determined in accordance with the appropriate award provision dealing with such entitlements.
(j) Absences from duty -
(i) An employee whose ordinary hours are arranged in accordance with paragraphs (b)(iii) and (b)(iv) of clause 11A, Implementation of 38-Hour Week, and who is paid wages in accordance with paragraph (h)(ii) of this clause and is absent from duty (other than on annual leave or personal/carer's leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service) shall, for each day so absent, lose average pay for that day calculated by dividing his/her average weekly wage rate by 5.
An employee who is so absent from duty for part of a day shall lose average pay for each hour of absence by dividing his/her average daily pay rate by 8.
(ii) Provided that, when such an employee is absent from duty for a whole day the employee shall not accrue a credit because the employee would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which the employee would otherwise have been paid. Consequently, during the week of the work cycle the employee is to work less than 38 ordinary hours the employee shall not be entitled to average pay for that week. In that week, the average pay shall be reduced by the amount of the employee does not accrue for each whole day during the work cycle of absence.
The amount by which an employee's average weekly pay shall be reduced when absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service) is to be calculated as follows:
Total of credits not accrued during cycle x average weekly pay
38
Examples:
(An employee's ordinary hours are arranged so that the employee works 8 ordinary hours on five days of each week for 3 weeks and 8 ordinary hours on four days of the fourth week.)
1. Employee takes one day off without authorisation in first week of cycle.
Week of Cycle Payment
1st week = average weekly pay less one day's pay (i.e., less 1/5)
2nd and third weeks = average weekly pay each week
4th week = average pay less credit not accrued on day of absence
= average pay less 0.4 hours |
x average weekly pay |
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38 |
2. Employee takes each of the 4 days off without authorisation in fourth week.
Week of Cycle Payment
1st, 2nd and 3rd weeks = average pay each week
4th week = average pay less 4/5 of average pay for the four days absent
= less total of credits not accrued that week
= 1/5 average pay less |
4 x 0.4 hours (1.6 hours) x |
average weekly pay |
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38 |
(k) Alternative Methods of Payment -
(i) Provided that in the case of an employee who, prior to 5 July 1985, was working less than 40 ordinary hours each week and who was paid by a method different from that provided for in subclauses (h) and (j) hereof, such method may be continued.
(ii) Provided further that, where the employer and the majority of employees concerned agree, an alternative method of paying wages to that provided in subclauses (h) and (j) hereof may be introduced.
(l) Day Off Coinciding with Pay Day - In the event that an employee, by virtue of the arrangement of his ordinary working hours, is to take a day off on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day. Provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding payday.
(m) Where an employer and employee agree, the employee may be paid wages by cheque or direct transfer into the employee's bank account (or other recognised financial institution). Notwithstanding this provision, if the employer and the majority of employees agree, all employees may be paid their wages by cheque or direct transfer into an employee's bank account (or other recognised financial institution), provided that in the case of employees paid by cheque, the employer shall, on pay day, if it is required by the employee, have facilities available during ordinary hours for the encashment of the cheque.
