AN140052 – Cafe Restaurant and Catering Award - State (Excluding South-East Queensland) 2003.

APPENDIX 1 SPECIFIC TERMS AND CONDITIONS OF EMPLOYMENT- EMPLOYEES OF INDUSTRIAL CATERERS

1. The term "Industrial Caterer" means and includes the definition provided for in clause 1.6.7 - "Industrial Caterer" of the Award.

2. Contract of Employment

(a) Except as hereinafter provided employment shall be by the week. An employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

(b) An employee shall perform such work as the employer shall, from time to time, reasonably require.

(c) An employee not attending for duty shall, except as provided in this Award, lose pay for the actual time of such non-attendance.

(d) (i) Subject to the provisions of the Act, employment shall be terminated by 2 days' notice on either side given at any time during the week or by the payment or forfeiture of 2 days' wages as: the case may be. This shall not affect the right of the employer to dismiss an employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only or to deduct payment for any time an 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.

(ii) An employee who has given or been given notice as mentioned in clause 2(d)(i) shall continue in employment until the date of expiration of such notice. An employee who, without reasonable cause (proof whereof shall lie with the employee), is absent from work during such period, shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period.

(e) Casual employment - A casual employee means an employee engaged and paid as such and who is employed for a minimum of 2 hours on each separate engagement.

(f) Late comers - Notwithstanding anything elsewhere contained in this Award the employer may select and utilise for time-keeping purposes any fractional or decimal proportion of an hour (not exceeding a quarter of an hour) and may apply such proportion in calculation of the working time of an employee who without reasonable cause promptly communicated to the employer, reports for duty after the appointed starting time or ceases duty before the appointed finishing time.

If the employer adopts a proportion for the aforesaid purpose the employer shall apply the same proportion for the calculation of overtime.

(g) Incidental or peripheral tasks -

(i) An employer may direct an employee to carry out such duties as are reasonably within the limits 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 de-skilling:

(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.

(iii) Any direction issued by an employer pursuant to clauses 2(g)(i) and (ii) shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

(h) Mixed functions -

(i) An employee engaged for a total of more than 4 hours on any day or shift on duties carrying a higher rate than the employee's usual classification shall be paid the higher rate for the entire day or shift.

(ii) An employee engaged for 4 hours or less on any day or shift on duties carrying a higher rate than the employee's ordinary classification shall be paid the higher rate for the time so worked.

3. The hours of work for employees of Industrial Caterers shall be as follows:

(a) The ordinary hours of work shaI1 not exceed an average of 40 hours per week or 160 hours per month.

(b) The spread of ordinary hours for day workers shall be between 4.00 a.m. and 9.00 p.m.

(c) The daily working hours of all employees may be worked within a daily spread of 12 hours.

(d) Meal breaks for day workers shall be not less than 30 minutes nor longer than 60 minutes.

(e) Variation of Working Hours - Where the ordinary time of commencing and of finishing work has been determined such times may be varied by agreement between the employer and the accredited representative of the Union to suit the circumstances of the establishment, or, in the absence of agreement, by 2 days' notice of alteration given by the employer to the employer's employees.

(f) Night Work - Shall be work performed on any shift finishing after 9.00 p.m. and before 4.00 a.m.

(g) Week-end Work - For employees other than casual employees the following week-end penalty rates apply:

(i) Midnight Friday to midnight Saturday, time and one-half;

(ii) Midnight Saturday to midnight Sunday, double time.

(h) Except at regular change over of shifts an employee shall not be required to work more than one shift in each 24 hours.

(i) Shift workers shall be entitled to a 20 minute crib break that shall be counted as time worked.

(j) Shift rosters shall be posted for observance by all and shall specify the commencing and finishing times of ordinary hours of the respective shifts.

The method of working shifts may in any case be varied as to all or a section of the employees by agreement by the employer and the accredited representative of the Union to suit the circumstances of the establishment

The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the accredited representative of the Union to suit the establishment, or, in the absence of agreement, by 7 days' notice of alteration given by the employer to its employees.

Rostered overtime shifts, usually referred to as the 21st shift in a continuous shift roster, are to be treated in the following manner:

(i) They are paid at the rate of double time;

(ii) They are part of the normal roster cycle;

(iii) When calculating annual leave entitlements one rostered overtime shift payment is to be taken into account regardless of the fall of the leave on the roster.

4. Subject to the allowances to this Award as to additional payments therein named, the minimum rates of wages payable to the following grades of employees working in industrial catering establishments shall be:

Classification	Level Range
Qualified Cook	6
Single Hand Cook	4-6
Cook	4-6
Bar Attendant	2-4
All Others	2-3
Entry Level- Classification	1

	Wage Relativities	Total Wage Rate Per Week
		As from 1/9/05
	%	$
Level 1	82	501.10
Level 2	88	526.10
Level 3	91	538.70
Level 4	95	555.30
Level 5	97	563.70
Level 6	100	578.20

NOTE: The rates of pay in this Award are intended to include the arbitrated wage adjustment payable under the 1 September 2005 Declaration of General Ruling and earlier Safety Net Adjustments and arbitrated wage adjustments. [Disputed cases are to be referred to the Vice President.] This arbitrated wage adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Queensland workplace agreements, award amendments to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous State Wage Cases or under the current Statement of Policy, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated wage adjustments.

5. (a) Split Shift Allowance - employees working on a shift having a spread of hours greater than 9, but no more than twelve, sha1l be paid an allowance calculated as 7.5% of the daily rate of the All Other classification in clause 4 hereof for each shift so worked.

(b) Night Shift Allowance - employees working a night shift as defined in clause 5.5.2(b) shall be paid an allowance calculated as 15% of the daily rate of the All Other classification in clause 4 of appendix 1 for each shift so worked.

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