AP831338 - Clerks’ (Alcoa of Australia – Victorian Operations) Award 2003

PART 4 - SALARIES, ALLOWANCES AND RELATED MATTERS 

15. EMPLOYEES TO NOT BE DISADVANTAGED

15.1 Notwithstanding anything contained elsewhere in this award, nothing shall prevent the Company from paying employees an all inclusive annual salary which shall be deemed to include all relevant rates of pay as well as all additional remuneration entitlements (including all allowances, loading and penalties) which may otherwise have been payable to the employee.

15.2 Provided that no employee shall be disadvantaged through the application of 15.1. That is, the value of the all inclusive salary of the employee shall be not less than the total value of the package of entitlements the employee would otherwise have received if paid strictly in accordance with the provisions of this award.

15.3 Provided that where an employee believes he/she has been disadvantaged through the application of 15.1, the employee shall be entitled to have the issue addressed as follows:

15.3.1 at first instance the issue shall be raised and discussed with the employee’s supervisor;

15.3.2 if the issue remains unresolved within a reasonable period of time, the matter may be referred to the Department Manager and the Human Resources Business Partner; and

15.3.3 where the matter remains unresolved within a reasonable period of time after being reviewed in accordance with 15.3.1 and 15.3.2, the employee may elect to have the matter dealt with through the procedure specified in clause 9 - Settlement of disputes.

15.4 Where an employee is paid an all inclusive annual salary as per 15.1, the penalty provisions relating to shift work and overtime specified in clauses 22 - Shift work, 23 - Sunday and holiday work and 24 - Overtime do not apply.