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AP789529CRV - Metal, Engineering and Associated Industries Award 1998

SCHEDULE C - PROVISIONS APPLICABLE TO SPECIFIC INDUSTRY SECTORS, ENTERPRISES, PROJECTS OR GEOGRAPHICAL AREAS

1.0 APPLICATION OF THIS SCHEDULE

The provisions of this Schedule apply to various specific industry sectors, enterprises, projects or geographical areas.

2.0 ARRANGEMENT

This Schedule is arranged as follows:

1.0 APPLICATION OF THIS SCHEDULE
2.0 ARRANGEMENT
3.0 RATES OF PAY

4.0 ALL-PURPOSE ALLOWANCES
5.0 SPECIAL RATES
6.0 TUBEMAKERS OF AUSTRALIA (WARATAH)
7.0 ALTONA, VICTORIA
8.0 ASBESTOS ERADICATION
9.0 SUSPENSION OF EMPLOYEES

3.0 RATES OF PAY

3.1 Companies Exempt from Paying the Award Rate of Pay

3.1.1 The ordinary weekly wage for employees of the following companies in respect of whom a bonus scheme operates shall be the award rate as set out in Clause 5.1 of the Award less the amounts set out in the table in 3.1.2 below.

[Pt I:Sched C:table renumbered as 3.1.2 by Q2704 from 01Jul98]

3.1.2

Wage group

Amount to be deducted from award rate

   

$

     
 

Level C14

40.60

 

Level C13

42.60

 

Level C12

45.40

 

Level C11

48.10

 

Level C10

52.00

 

Level C9

54.60

 

Level C8

57.20

 

Level C7

59.80

 

Level C6

65.00

 

Level C5

67.60

 

Level C4

70.20

 

Level C3

75.40

 

Level C2(a)

78.00

 

Level C2(b)

83.20

 

Level C1(a)

93.60

 

Level C1(b)

109.20

3.2 UNAPPRENTICED JUNIORS

3.2.1 Juniors Entitled to Adult Rate for Certain Operations

Juniors engaged on the following operations are entitled to receive the appropriate adult wage rate. Provided that any increase in award rates arising from this award variation shall be phased in through four equal instalments at six monthly intervals over a period of eighteen months from 4 November, 1997:

3.2.2 Unapprenticed Juniors In Foundries

[Pt I:Sched C:3.2.2 substituted by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

Age

% of C13 level

Rate per week

 

%

$

Under 16 years of age

36.8

184.40

At 16 years of age

47.3

237.00

At 17 years of age

68.3

342.30

At 18 years of age

83.0

415.90

At 19 years of age

98.8

495.10

At 20 years of age

Adult Rate

  

3.3 Air Conditioning Industry - Queensland

[Pt I:Sched C:3.3.1 corrected by Q2704 from 01Jul98]

3.3.1 In lieu of the weekly wage rate set out in clause 5.1 of this Award, metal trades employees employed by members of the Metal Trades Industry Association of Australia (MTIA) when performing air-conditioning work (as defined in this clause) in the State of Queensland shall be paid according to subclause 3.3.3, 3.3.4 and 3.3.5 hereof.

[Pt I:Sched C:3.3.2 corrected by Q2704 from 01Jul98]

3.3.2 See 5.1.1(d) of this Award for the criteria regarding absorption of safety net adjustments.

3.3.3 Workshop Tradesperson (Level C10)

[Pt I:Sched C:3.3.3 substituted by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

 

$

Weekly award rate

578.20

Air-conditioning industry allowance

63.95

Tool Allowance

13.67

Total weekly award rate (all purpose)

648.60

Total hourly award rate (all purpose)

17.07

3.3.4 Other Adult Classifications

[Pt I:Sched C:3.3.4 substituted by Q1020 from 01Jul98; varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

Other adult employees shall be paid the undermentioned percentages of the total weekly award wage payable to the tradesperson classification concerned:

 

% of total weekly award wage rate for a workshop tradesperson

Total weekly rate (including safety net adjustment)

Total hourly rate (including safety net adjustment)

 

%

$

$

Workshop Employee 1

97.5

632.40

16.64

Workshop Employee 2

87.0

564.30

14.85

3.3.5 Apprentices

[Pt I:Sched C:3.3.5 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

Apprentices shall be paid a weekly award rate of pay calculated as follows:

Workshop

The sum obtain by applying the undermentioned percentages to the all purpose wage rate payable to a workshop tradesperson.

3.3.6 An employee in receipt of the above shall not be entitled to the special rates prescribed in subclause 5.9.3

3.3.7 An employee who is ordinarily engaged in the employer's workshop and who from time to time is required to perform work on site shall, in respect of such work, be entitled to a rate of wage calculated in accordance with the provisions of paragraph 5.1.4 of this Award.

3.3.8 Definitions:

3.3.8(a) “Composite special rates allowance” is an amount payable as compensation for peculiarities and disabilities associated with work in the airconditioning industry.

[Pt I:Sched C:3.3.8(b) corrected by Q2704 from 01Jul98]

3.3.8(b) “Airconditioning work” means the manufacture and fabrication of air conditioning and/or ventilation systems, but excludes the manufacture of packaged airconditioning units, thermostatic controls, water recirculation equipment, air volume regulators, diffusers, fans, heat exchange equipment and the like by means of mass production methods.

3.3.8(c) “Workshop tradesperson” means a tradesperson who may be engaged on the fabrication of straight duct work, and who in addition can fabricate such items as reducing pieces, lobsterbacks and other items, the fabrication of which requires general trade skills and knowledge.

[Pt I:Sched C:3.3.8(d) corrected by Q2704 from 01Jul98]

3.3.8(d) “Workshop employee 1” means an adult employee engaged on the fabrication of straightduct work where such work requires an employee to work from scaled prints of drawings, measure his own work, and exercises a degree of trade skill and knowledge. Included in the category are employees who are engaged in the operation of brake presses and guillotines.

3.3.8(e) “Workshop employee 2” means an adult employee engaged on the fabrication of duct work where the performance of such work does not require the exercise of trade skill and knowledge of the use of prints, drawing or measurements.

3.4 Air Conditioning Industry - South Australia

3.4.1 In lieu of the weekly wage rates set out in Clause 5.1 of this Award, metal trades employees employed by members of the Engineering Employers Association of South Australia, who are also members of the Air Conditioning and Mechanical Contractors Association of South Australia when performing air conditioning work ( as defined in clause 3.3.7 of this Schedule) in the State of South Australia shall be paid according to subclause 3.4.3, 3.4.4 and 3.4.5 hereof.

[Pt I:Sched C:3.4.2 corrected by Q2704 from 01Jul98]

3.4.2 See subclause 5.1.1(d) of this Award for the criteria regarding absorption of safety net adjustments.

3.4.3 Workshop Tradesperson (Level C10)

[Pt I:Sched C:3.4.3 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

 

$

Weekly award rate

578.20

Air-conditioning industry allowance

51.94

Tool allowance

13.68

All purpose wage rate

637.70

* Composite special rates allowance

10.15

Total weekly award rate (all purpose)

646.90

Total hourly award wage rate (all purpose)

17.02

   

* Although the Composite special rates allowance shall be deemed to be part of the total weekly wage rate it shall not be payable for all purposes of the Award. Workshop employees and apprentices shall be paid a proportionate amount of this allowance calculated in accordance with the percentage set out in subclauses 3.4.4 and 3.4.5 hereof.

3.4.4 Other Adult Classifications

[Pt I:Sched C:3.4.4 substituted by Q1020 from 01Jul98; varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

Other adult employees shall be paid the undermentioned percentages of the total weekly award wage payable to the tradesperson classification concerned:

 

% of total weekly award wage rate for a workshop tradesperson

Total weekly rate (including safety net adjustment)

Total hourly rate (including safety net adjustment)

 

%

$

$

Workshop Employee 1

97.5

630.70

16.60

Workshop Employee 2

87.0

562.80

14.81

3.4.5 Apprentices

[Pt I:Sched C:3.4.5 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]

Apprentices shall be paid a weekly award wage rate calculated as follows:

Workshop - the sum obtained by applying the undermentioned percentages to the all purpose wage rate payable to a workshop tradesperson and adding thereto the same percentage of the composite special rates allowance.

Year of apprenticeship

% of weekly all purpose rate for workshop tradesperson

Rate per week

Rate per hour

 

%

$

$

First year

42

271.70

7.15

Second year

55

355.80

9.36

Third year

75

485.20

12.77

Fourth year

88

569.30

14.98

3.4.6 An employee in receipt of the rates prescribed for employees in this subclause shall not be entitled to the special rates prescribed in sub-clause 5.9.3 of this award.

3.4.7 An employee who is ordinarily engaged in the employer's workshop and who from time to time is required to perform work on site shall, in respect of such work, be entitled to a rate of wage calculated in accordance with the provisions of paragraph 5.1.4 of this Award.

4.0 ALL-PURPOSE ALLOWANCES

The following allowances are applicable to various specific enterprises, projects or industry sectors as set out below. These allowances shall be paid for all purposes of the Award.

4.1 Construction Allowance - BHP Steel (AIS) Pty Ltd, Port Kembla

[Pt I:Sched C:4.1.1 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

4.1.1 Employees of contractors bound by the Metal, Engineering and Associated Industries Award, 1998, members of the Metal Trades Industry Association of Australia (MTIA) and Tubemakers of Australia Limited, engaged on construction work at the construction site of BHP Steel (AIS) Pty Ltd at Port Kembla shall be paid a construction allowance of $42.02 per week. This payment shall be made in compensation for the particular disabilities experienced on this site.

4.1.2 An employee in receipt of the construction allowances prescribed in subclause 4.1.1 of this Schedule shall not be entitled to any of the other special rates prescribed by subclause 5.9.3 of the award.

4.2 Construction Allowance - BHP Steel (AIS) Pty Ltd, Newcastle

[Pt I:Sched C:4.2.1 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

4.2.1 Employees of contractors bound by the Metal, Engineering and Associated Industries Award, 1998, members of the Metal Trades Industry Association of Australia (MTIA) engaged on construction work at the construction site of BHP Steel (AIS) Pty Ltd at Newcastle, shall be paid a construction allowance of $41.24 per week. This payment shall be made in compensation for the particular disabilities experienced on this site.

[Pt I:Sched C:4.2.2 corrected by Q2704 from 01Jul98]

4.2.2 An employee in receipt of the construction allowance prescribed in subclause 4.2.1 of this Schedule shall not be entitled to any of the other special rates prescribed by subclause 5.9.3 of this award.

4.3 Air Conditioning Allowance - New South Wales

[Pt I:Sched C:4.3.1 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

4.3.1 Sheet workers and their assistants employed by members of the Metal Trades Industry Association of Australia (MTIA) who are engaged on the manufacture of air conditioning equipment in the State of New South Wales shall be paid an amount of $51.34 per week as an air conditioning allowance in compensation for the various disabilities resulting from the work practices currently in force in the air conditioning industry in New South Wales.

4.3.2 Apprentices shall be paid the following allowances:

[Pt I:Sched C:4.3.2 substituted by Q1020 R5307 S8605 PR904632 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

 

Per week

 

$

During their first year of apprenticeship

22.15

During their second year of apprenticeship

28.96

During their third year of apprenticeship

39.38

During their fourth year of apprenticeship

46.33

[Pt I:Sched C:4.3.3 corrected by Q2704 from 01Jul98]

4.3.3 An employee in receipt of this allowance shall not be entitled to the special rates prescribed in subclause 5.9.3 of this award.

4.4 Allowance for Protective Equipment:

The following employees are specified in relation to sub-paragraph 5.9.2(f) of the award:

Employee when engaged in repairs to refrigeration plants outside the employer's premises

Pneumatic tool operator
Punch and shearing machine operator

An employee hauling underground cables or ring mains or similar ship cables

Employee using emery wheel
Employee using compressed air for blowing dust
Employee engaged in manual handling of materials over hot galvanising or tinning pots on pickling or plating baths
Employees engaged in welding
Employee repairing oil fired boilers
Employee working on live electrical equipment

5.0 SPECIAL RATES

5.1 No. 21 Dump BHP Steel (AIS) Pty Ltd Port Kembla

[Pt I:Sched C:5.1 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Fitters and electricians employed on the maintenance of plant and machinery in the slag removal area situated at No. 21 Dump, BHP Steel (AIS) Pty Ltd Port Kembla, shall be paid an amount of 92 cents per hour or part thereof.

5.2 NSW Sugar Milling Co-operative Limited

[Pt I:Sched C:5.2.1 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

5.2.1 Employees who are engaged in spot welding mill rollers shall be paid an allowance of $2.48 per hour for the actual time so engaged.

[Pt I:Sched C:5.2.2 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

5.2.2 Employees who are required to perform any work inside the door line of a boiler shall be paid $1.40 per hour in addition to the ordinary or overtime rates of pay whilst they are so engaged.

5.2.3 Disability Allowance

[Pt I:Sched C:5.5.3 deleted and inserted as 5.2.3 by Q1020 ppc 01Jul98]
[Pt I:Sched C:5.2.3(a) varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

5.2.3(a) In recognition of all disabilities associated with at Harwood, Broadwater and Condong Mills employees shall be paid an allowance of 47 cents per hour for each hour worked.

5.2.3(b) An employee in receipt of the disability allowance shall not be entitled to any of the other special rates prescribed in clause 5.9.3 of this award.

[Pt I:Sched C:5.2.3(c) corrected by Q2704 from 01Jul98]

5.2.3(c) The disability allowance shall not be paid to an employee in receipt of the allowance prescribed in clause 5.2.2 of this Schedule for performing work inside the door line of a boiler.

[Pt I:Sched C:5.2.3(d) corrected by Q2704 from 01Jul98]

5.2.3(d) The disability allowance shall be paid in addition to the allowance prescribed in clause 5.2.1 of this Schedule for employees engaged in spot welding mill rollers.

6.0 TUBEMAKERS OF AUSTRALIA (WARATAH)

Clauses 4A and 4B of Appendix B of the Metal Industry Award 1984 - Part 1 contained various provisions applicable to Tubemakers of Australia Limited as to its employees covered by the Award in or about its works at Waratah, New South Wales. Such provisions dealt with termination of employment (including redundancy). The removal of these provisions from the Award shall not reduce the entitlements of current and future employees.

7.0 ALTONA, VICTORIA

7.1 This clause shall be binding upon:

7.2 This clause applies to all employees who are members or eligible to be members of the organisations listed in clause 7.3 who are engaged in any of the classifications, occupations, industries or callings specified in this award in clause 5.1 and Schedule A and who are employed by employers bound by this award.

7.3 This clause shall be binding upon:

7.3.1 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;

7.3.2 The Australian Workers Union;

[Pt I:Sched C:7.3.3 corrected by Q2704 from 01Jul98]

7.3.3 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

7.4 The terms of the Award shall apply except that the ordinary hours of work shall be 35 for all purposes and all rates of pay and other provisions of the Award shall be adjusted proportionally.

8.0 ASBESTOS ERADICATION

8.1 Application

This clause shall apply to workers engaged in the process of asbestos eradication on the performance of work within the scope of the Metal, Engineering and Associated Industries Award, 1998.

8.2 Definition

Asbestos eradication is defined as work involving the removal or any other method of neutralisation, of any materials, which consist of, or contain, asbestos.

8.3 Rate of Pay

[Pt I:Sched C:8.3 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Any worker involved in asbestos eradication or removal shall receive a rate of pay equivalent to not less than that of the relevant classification under clause 5.1 of the Award and a special rate of $1.48 per hour.

8.4 Other Conditions

The conditions of employment rates and allowances, except so far as they are otherwise specified in this clause, shall be the conditions of employment, rates and allowances of the Metal, Engineering and Associated Industries Award 1998 as varied from time to time.

9.0 SUSPENSION OF EMPLOYEES

[Pt I:Sched C:9.0 deleted by S0773 from 01Jul98]

9.0 METAL INDUSTRY (SHIP PAINTING AND DOCKING) AWARD 1993

[new Pt I:Sched C:9.0 inserted by Q2527 from 30Jun98]

9.1 Supersession

9.1.1 This award wholly supersedes the Metal Industry (Ship Painting and Docking) Award 1993 (M469) but no right obligation or liability accrued or incurred under that award or variation to it is to be Affected by this supersession.

9.1.2 Despite 9.1.1 and subject to Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996, the employees of the employers listed at subclause 9.2 of this schedule continue to be entitled to any terms and conditions to which employees were entitled under the Metal Industry (Ship Painting and Docking) Award 1993 where those terms and conditions are more favourable than those under this award.

9.2 Parties Bound and Award Application

9.2.1 This clause is binding upon:

9.2.1(b) The following employers:

9.2.2 This clause applies to all employees engaged to perform work as ship painters and dockers who are members or eligible to be members of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and who are employed by the employers listed at subclause 9.2.1(b) of this schedule.

9.3 Savings

10. AGRICULTURAL IMPLEMENT MAKING

[Pt I:Sched C:10 inserted by Q2527 from 30Jun98]

10.1 Incidence

10.1.1 This clause shall apply to employers in South Australia or Victoria who are members of an employer organisation listed in paragraph 10.1.2 and involved in the manufacture, assembly, repairing, replacing of agricultural implements, machinery and appliances (as defined in paragraph 10.1.3) and parts or components thereof.

10.1.2 Engineering Employers Association, South Australia
Metal Trades Industry Association of Australia
Australian Chamber of Manufactures

10.1.3 For the purposes of this clause, "agricultural implements, machinery and appliances" means farming or pastoral equipment such as harvesters, headers, windmills for the purpose of pumping river or subterranean water, ploughs, harrows, discs, seeders, top-dressers, mowing equipment, mobile irrigation equipment, fruit and vegetable harvestings and sorting equipment and such other equipment as is used mainly or solely in the agricultural and or pastoral industry.

10.2 Supersession

This award wholly supersedes the Agricultural Implement Making Award 1980 (A0011) but no right, obligation or liability accrued or incurred under that award or variation to it shall be affected by such supersession.

10.3 Allowances

The following allowances apply in addition to, or where specified in substitution for, relevant provisions of clause 5.9 of Part I of this Award.

10.3.1 Motor Allowance

[Pt I:Sched C:10.3.1 varied by PR932048 PR947308 PR959867 PR975561; PR983703 ppc 01Oct08]

In lieu of the motor allowance in 5.9.2(a) of Part I of this Award, an allowance of 37 cents per kilometre travelled shall be paid where an employee reaches agreement with their employer to use their own motor vehicle on the employer's business.

10.3.2 Meal Allowance

[Pt I:Sched C:10.3.2 varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

In lieu of the meal allowance in 6.4.11 of Part I of this Award, a meal allowance of $10.42 applies. The meal allowance is payable in the same circumstances as the allowance in 6.4.11.

10.3.3 Damage to Clothing or Tools

In lieu of the allowance in 5.9.2(d) of Part I of this award, employees whose clothing or tools are damaged or destroyed by the use of acids shall be compensated to the extent of the damage sustained.

10.3.4 Motor Drivers

In addition to the C11 rate in 5.1.1(c) of Part I of this Award, the following special rates shall apply:

[Pt I:Sched C:10.3.4(a) varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

10.3.4(a) For each additional complete tonne over 5 tonnes - 74 cents per week extra.

[Pt I:Sched C:10.3.4(b) varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

10.3.4(b) Motor (not being a tractor) drawing a trailer - extra $1.23 per day for each loaded single axle trailer or $1.54 extra per day for each loaded trailer other than a single axle trailer, or an extra 86 cents per day for each empty trailer other than a single axle trailer; provided that not more than one trailer shall be drawn at any one time.

10.3.5 Articulated Vehicle (Semi Trailer)

[Pt I:Sched C:10.3.5 varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

For each additional complete tonne over 8 tonnes - 50 tonnes 74 cents per week extra.

10.3.6 Mobile Crane

[Pt I:Sched C:10.3.6 varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

For each additional complete tonne over 3 tonnes - 74 cents per week extra.

10.3.7 Fork Lift

[Pt I:Sched C:10.3.7 varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Where two or more fork lifts or cranes are engaged on any one lift the drivers thereof shall be paid an additional amount of $1.11 per day.

10.3.8 Tractor Driver

[Pt I:Sched C:10.3.8 varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

Tractor (not being driven on road) drawing a trailer - extra $1.23 per day for each loaded single axle trailer or 69 cents extra per day for each empty single axle trailer or $1.54 extra per day for each loaded trailer other than a single axle trailer, or an extra 86 cents per day for each empty trailer other than a single axle trailer; provided that not more than one trailer shall be drawn at any one time.

10.3.9 Service Work Away From Ordinary Place of Employment

[Pt I:Sched C:10.3.9 varied by R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

An employee called upon to work away from his/her ordinary place of employment in starting, repairing and/or servicing agricultural implements and tractors shall be paid an additional $2.89 per day for all days necessitating living away from his/her ordinary residence, including Saturdays and Sundays.

10.4 Special Provisions Relating to John Shearer Limited Kilkenny South Australia

10.4.1 The following shall apply in addition to clause 5.9.4(b)(iv) - Travelling, Transport and Fares:

For all air travel, fares will be economy class.

10.4.2 The following shall apply in lieu of provisions dealing with the same or similar subject matter in clause 7.2.4 - Sick Leave:

An employee on weekly hiring who is absent from his/her work on account of personal illness, or on account of injury by accident arising out of and in the course of his/her employment, shall be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations;

10.4.2(a) He/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers compensation.

10.4.2(b) Employees may not be eligible for payment of sick leave unless advice of the absence from employment is given within one hour of the normal commencement of working time provided that if it is not reasonably practicable to inform the employer within one hour of the commencement time the employee shall inform the employer within four hours of such absence commencing.

10.4.2(c) The employee shall prove to the satisfaction of the employer that he/she was unable on account of such illness or injury to attend for work on the day or days for which sick leave is claimed.

10.4.2(d) Where the employer is not satisfied with the evidence presented in support of a claim for payment for absence of duty or in cases of chronic absenteeism, the employer may refer the employee to a private medical practitioner and any costs associated with this shall be borne by the employer.

10.4.2(e) Any employee who attends for work while on medication must report to the occupational health and safety nurse prior to commencement of duties.

10.4.3 Facilitative provisions and consultative arrangements which were introduced under clause 17 of appendix A of the Agricultural Implement Making Award 1980 may be continued.

11. SUPERSESSION

[Pt I:Sched C:11 inserted by T4830-T4914 from 19Dec00]

11.1 This award wholly supersedes the Ship Carpenters and Joiners Award 1965 (S0014) but no right, obligation or liability accrued or incurred under that award or variation to it is to be affected by this supersession.

11.2 Despite 11.1 and subject to Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Act 1996, employees shall continue to be entitled to any terms and conditions to which employees were entitled under the Ship Carpenters and Joiners Award 1965 where those terms and conditions are more favourable than those under the award.

11.3 The provisions of this subclause shall not be read so as to extend the operation of this Award into the State of Western Australia.

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