AN160290 – Sheet Metal Workers' Award No. 10 of 1973
(1) Duration:
It is agreed between the parties that a transition/implementation period shall operate from the first pay period to commence on or after 15 May 1996 until the first pay period beginning on or after 15 May 1997.
(2) Objective:
The objective of this transition/implementation period is -
(a) to enable all parties to the award to familiarise themselves with the new wage classification and definition structure; and
(b) for each plant or establishment to apply (subject to the transitional arrangements below) the new wage, classification and definition structure set out in Clause 3. - Definitions and Clause 6. - Wages and Supplementary Payments of this Award.
(3) Transitional Arrangements:
In order to assist an orderly transition, the following arrangements shall apply:-
(a) From the first pay period commencing on or after 15 May 1996 an employee's new wage group shall be determined in accordance with Clause 3 - Definitions and Clause 6. - Wages and Supplementary Payments of this Award.
(b) Transfer to the new classification structure and definitions shall be subject to the availability of the Implementation Manual.
(c) The parties at each plant or enterprise shall undertake appropriate consultation in accordance with subclause (9) in Clause 6. - Wages and Supplementary Payments of this Award.
(d) Upon transition to the new classification structure, subject to subparagraph (c) hereof employees will perform work in accordance with the new classification structure and definitions set out in Clause 3 - Definitions of this Award in lieu of the old definitions and classification structure which is now contained in Appendix 1 - Old Classification Structure and Definitions of this Award.
(e) Any disputes in relation to the transition/implementation of the new wage, classification and definition structure shall be handled in accordance with the procedures prescribed by Clause 27. - Avoidance of Industrial Disputes of this award.
(f) Wage increases arising from broad-banding and adjustment of minimum rates are subject to absorption into existing over-award payments.
(4) Reclassification will be according to the following principles:-
(a) Employees will transfer to the new classification structure without loss of pay in accordance with the schedule contained in Appendix 1 - Old Classification Structure and Definitions of this Award which is agreed between the parties as 'lining-up' the old classifications with the new wage groups.
(b) Reclassification to any higher level shall be contingent upon such additional work being available and required to be performed by the employer.
(c) In the event that there is a claim for reclassification by an existing employee to a higher level under the new structure on the ground that the employee possesses equivalent skill and knowledge gained through on-the-job experience or on any other ground the following principles apply:-
(i) The parties agree that the existing award disputes avoidance procedure shall be followed.
(ii) The Implementation Manual shall lay down procedures for testing the validity of an employee's claim for reclassification. These procedures shall be undertaken by an independent third party recognised by the National Training Board - e.g. T.A.F.E.
(d) Reclassification in accordance with the provisions of this Clause shall be available one time to an employee and in order to be successful reclassification claims must be lodged with the employer in writing prior to 15 May 1997. The employer shall give receipt of the claim to the employee concerned. Future reclassification will then only be available through complying with the requirements of the definitions
(e) It is agreed between the parties that any employee who was reclassified as a result of the insertion of the former Appendix 1 - Classification Structure and Definitions into this Award on 16 May 1990, will not be eligible to apply for a further reclassification in accordance with the provisions of this Clause.
(5) Review:
(a) Prior to the expiration of the transition/implementation period, the parties at the industry level will consult with their respective members and make any changes to the classification structure as they may be advised.
(b) At the expiration of the transition/implementation period, employers will be required to have completed the transitional phase.
(c) The parties are committed to modernising the terms of the Award and to addressing the issues associated with training prior to the expiry of the twelve month period.
