MA000017 - Variation - 04 Oct 2013

    MA000017  PR542901

    FAIR WORK COMMISSION

    DETERMINATION


    Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

    Sch. 5,Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

    The Ark Clothing Co Pty Ltd
    The Australian Industry Group
    Council of Textile and Fashion Industries of Australia Limited
    Textile,Clothing and Footwear Union of Australia
    (AM2012/93,AM2012/225,AM2012/248,AM2012/273)

    TEXTILE,CLOTHING,FOOTWEAR AND ASSOCIATED INDUSTRIES AWARD 2010
    [MA000017]

    Clothing industry

    SENIOR DEPUTY PRESIDENT HAMBERGER

    DEPUTY PRESIDENT SMITH

    COMMISSIONER LEE

    SYDNEY,4 OCTOBER 2013

    Modern Awards Review 2012—application to vary the Textile,Clothing,Footwear and Associated Industries Award 2010.

    A. Further to the decision issued by the Fair Work Commission on 4 October 2013 [2013] FWCFB 5729 [PR542240] the Textile,Clothing,Footwear and Associated Industries Award 2010 is varied as follows:

    1. By deleting in clause 3.1 the abbreviation “(SR)”under the definition of “standard rate”.

    2. By amending clause 3.1 to arrange the list appearing under the definition of “textile industry”in alphabetical order.

    3. By deleting the words “or industries”appearing in clause 4.9 and inserting “industry”.

    4. By inserting in clause 13.9 the word “leave”after the words “personal/carer’s”.

    5. By deleting the word “either”appearing in clause 14.10(g)(ii).

    6. By deleting the cross-references to “20.9”and “20.10”appearing in clause 16 and inserting “20.8—Apprentice rates”and “20.9—Adult apprentice rates”.

    7. By inserting a new preamble above the table in clause 20.1 as follows:

    Employees will be classified in accordance with this clause and Schedule B (Classifications/Skill Levels).

    Subject to a request by an employee,an employer must advise employees in writing of their classification at the time of commencement and any change to their classification during the course of their employment.

    8. By deleting the figure “0.097%”appearing in clause 20.6 and inserting “0.97”.

    9. By deleting the abbreviation “SR”appearing in clause 20.6 and inserting “standard rate”.

    10. By deleting the abbreviation “SR”wherever it appears in clause 23.9(d) and inserting “standard rate”.

    11. By deleting the abbreviation “SR”appearing in the table in clause 24.6 and inserting “standard rate”.

    12. By deleting the abbreviation “SR”appearing in the table in clause 24.7 and inserting “standard rate”.

    13. By deleting the abbreviation “SR”wherever it appears in clause 25 and inserting “standard rate”.

    14. By deleting the abbreviation “SR”wherever it appears in clause 26 and inserting “standard rate”.

    15. By inserting in clause 26.4 the words “per occasion”after the words “as compensation”.

    16. By deleting the abbreviation “SR”wherever it appears in clause 27 and inserting “standard rate”.

    17. By deleting clause 30 and inserting the following:

    30. Ordinary working hours

    30.1 An employer must notify an employee of the start and finishing times of work each day which are the ordinary working hours.

    30.2 In the clothing industry,an employer must clearly display the ordinary working hours in an obvious place in each workplace.

    30.3 An employer must pay an employee for time worked outside or in excess of ordinary working hours in accordance with clause 39—Overtime rates.

    18. By deleting clause 32.2 and inserting the following:

    32.2 An employer must give an employee who is entitled to a rostered day or days off at least four weeks in advance of the weekday the employee is to take off.

    (a) Where an employee,has not accumulated a full day’s entitlement when a rostered day off occurs,the employee must receive payment for that day for the actual time accrued.

    (b) Rostered days off may accumulate to a maximum of seven days which must be taken:

    (i) in one or two continuous periods within one month of accrual;or

    (ii) by agreement between the employer and a majority of employee’s,in accordance with clause 8.3.

    19. By inserting in clause 33.2 the words “the employer may”before the words “substitute the rostered”.

    20. By deleting clause 37.3(g) and inserting the following:

    (g) Notwithstanding anything contained elsewhere in this award in any area where by reason of the legislation of a State,summer time is prescribed as being in advance of the standard time of that State the length of any shift:

  • commencing before the time prescribed by the relevant legislation for the commencement of a summer time period;and


  • commencing on or before the time prescribed by such legislation for the termination of a summer time period,


    will be deemed to be the number of hours represented by the difference between the time recorded by the clock in each case to be set to the time fixed pursuant to the relevant State legislation.

    (i) To clarify,a shift may actually be an hour longer or shorter if summer time commences or finishes during a shift without deduction or addition to pay.

    (ii) In the clause the expressions standard time and summer time will bear the same meaning as are prescribed by the relevant State legislation.

    21. By deleting clauses 37.3(h),37.3(i) and 37.3(j).

    22. By deleting clause 37.5 and inserting the following:

    37.5 12 hour shifts

    (a) 12 hour shifts may be implemented by agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned,in accordance with clause 8.3,subject to:

    (i) proper health monitoring procedures being introduced;

    (ii) suitable roster arrangements being made;

    (iii) proper supervision being provided;

    (iv) adequate breaks being provided;and

    (v) an adequate trial or review process being implemented through the consultative process in accordance with clause 9—Consultation regarding major workplace change.

    (b) 12 hour shifts may be implemented in accordance with the following requirements:

    (i) The ordinary hours of shiftworkers must average 38 hours per week,inclusive of rest periods and must not exceed 152 ordinary hours in 28 consecutive days;or

    (ii) A maximum of 168 hours may be rostered in 28 consecutive days. These hours must be rostered on the basis that no employee will be rostered to work more than four consecutive shifts.;

    (iii) Payment is to be made on the following basis:

  • Monday to Friday—first 10 hours at ordinary rate plus two hours at double time plus shift penalty where appropriate.


  • Saturday—time and a half for all hours worked.


  • Sunday—double time for all hours worked.


    23. By renumbering clause 38.2 as 38.3.

    24. By inserting a new clause 38.2 as follows:

    38.2 Meal Breaks and Shift Workers (textile industry)

    Shift workers in the textile industry are entitled to meal breaks in accordance with clause 38.1,and as follows:

    (a) Where two eight or three hour shifts are worked,in lieu of the meal break provided in sub-clause 38.1(a),the employer has the discretion to,as opportunity offers,provide the shift worker a 20 minute paid crib break per shift which shall be counted as time worked.

    25. By deleting the words “but will be in the morning and afternoon periods”at clause 38.3 and inserting “one of which will occur in the work period prior to the employee’s main meal break,and the second to occur in the work period after the employee’s main meal break”.

    26. By deleting of the words “other than a casual employee”appearing in clause 39.1.

    27. By deleting the word “normal”appearing in clause 39.1 and inserting “ordinary”.

    28. By removing the clause number (iii) appearing in clause 39.3(c).

    29. By deleting the words “one hour”from clause 40.1(a) and inserting “one and a half hours”.

    30. By deleting the words “she or he”from clause 40.3(b)(ii) and inserting “the employee”.

    31. By inserting in clause 40.4(a) the words “clause 39”after the words “provided in”.

    32. By inserting in clause 40.4(d) the word “of”after the words “the purposes”.

    33. By inserting in clause 41.3(b) the words “more than”after the words “which is”.

    34. By deleting clause 43.5 and inserting the following:

    43.5 Rostered day off falling on public holiday

    Where the rostered day off falls on a Saturday or a Sunday,where a full-time employee’s ordinary hours of work are structured to include a day off and such day off falls on a public holiday,the employee is entitled,at the discretion of the employer,to either:

        (a) 7.6 hours of pay at the ordinary time rate;or

        (b) 7.6 hours of extra annual leave;or

        (c) a substitute day off on an alternative week day.

    35. By deleting the word “basis”from clause B.8 and inserting “basic”.

    36. By deleting the words “20.9 and 20.10”from C.14 and inserting “20.8 and 20.9”.

    37. By deleting the numbering “C.21”from clause C.20.

    38. By deleting the word “of-the-job”from clause C.20 and inserting “off-the-job”.

    39. By renumbering F.1 to F.7 as F.2 to F.8 respectively.

    40. By inserting a new clause F.1 as follows:

    F.1 For information in relation to the operation of this Schedule the following organisations can be contacted for further information:

  • Australian Industry Group


  • Business SA


  • NSW Business Chamber


  • Textile,Clothing and Footwear Union of Australia


    41. By deleting the words “sewing time”from clause F.3.2(a)(viii) and inserting “time (including sewing time)”.

    42. By inserting in clause F.4.2(b) the words “,including whether they are to be averaged and over what period,”after the words “per week”.

    43. By deleting the words “sewing time”from clause F.4.4(b) and inserting “time (including sewing time)”.

    44. By deleting the words “sewing time”from clause F.4.4(c) and inserting “time (including sewing time)”.

    45. By deleting the numbers “20”and “15”from clause F.5.2(a) and inserting “15”and “10”respectively.

    46. By renumbering F.5.2(b) and F.5.2(c) as F.5.2(c) and F.5.2(d) respectively.

    47. By inserting a new clause F.5.2(b) as follows:

    (b) Agreement in accordance with F.5.2(a)(ii) and F.5.2(a)(iii) may include that regular part-time hours may be averaged over a period not exceeding four (4) consecutive weeks.

    48. By renumbering F.5.5(b) as F.5.5(c).

    49. By inserting a new clause F.5.5(b) as follows:

    (b) Payment for regular part-time hours must be no less than the agreed regular hours per week which may be averaged in accordance with an averaging agreement.

    Note:For example,if a regular part-time hours agreement includes averaging of 15 hours over a 4 week period,a principal must pay the worker 15 ordinary hours per week. If a regular part-time hours agreement includes averaging of 10 hours over a 4 week period,a principal must pay the worker 10 ordinary hours per week.

    50. By deleting the Appendix to Schedule F and inserting the following:

    Appendix to schedule f—Information to be given to outworkers

    Preamble

    If you work at home or outside a workshop in the textile,clothing,footwear and associated industries,you may be an outworker.

    If you are an outworker,you are entitled to the same wages and conditions,in general,as workers in textile,clothing or footwear factories.

    The Textile,Clothing,Footwear and Associated Industries Award 2010 (the Award) sets out legally enforceable rights and obligations. This applies to all outworkers including employees,independent contractors,and holders of business name registrations.

    According to this law some of the entitlements outworkers must receive are set out below:

    Hours of work

    An outworker may only be employed to work full-time,which is 38 hours a week,or regular part-time,which must be at least 15 hours per week or 10 hours per week (with the agreement of the outworker and the consent of the Union). The hours must be agreed to in advance by the outworker and the employer.

    This means you are guaranteed payment for the agreed number of hours per week,even if you are not given any work,unless you are stood-down in accordance with the Award.

    If you are a regular part-time worker,the agreed number of hours can also be averaged over a period of up to four weeks. The averaging must be agreed to in advance by the outworker and the employer.

    You cannot be required to work on Saturdays,Sundays or public holidays. You may agree to work on those days if asked to do so by your employer. You will have to be paid overtime rates if you do work on these days.

    As a full-time or regular part-time worker you can only be required to work seven hours and 36 minutes each day. If you are asked by your employer to work more than this number of hours,you must be paid overtime.

    This means that even if you are paid by the piece you cannot receive less than the hourly award rate of pay.

    Overtime

    If you agree to work more than seven hours and 36 minutes in a day,Monday to Friday,you must be paid one and a half times the normal hourly rate for each hour over the seven hours and 36 minutes.

    For each hour you agree to work on a Saturday,Sunday or public holiday,you must be paid double the normal hourly rate.

    Wages

    According to law,as at 1 July 2013,the usual weekly wage for 38 hours,Monday to Friday,is $664.80.

    The hourly rate is $17.49. Remember,the law says you must not be paid less than the hourly rates according to the Award.

    Each year,the industrial tribunal the Fair Work Commission reviews the minimum hourly rates of pay. This usually means the Award hourly rate of pay will increase each year from 1 July.

    Annual leave (holidays)

    You are entitled to annual leave. You should get paid 20 working days’paid leave for every year you work full-time. You should be paid before you go on holidays,and this holiday pay should include an extra amount - a holiday leave loading - of 17.5% of your pay.

    This amount of annual leave for regular part-time workers depends on the hours you work in a 12 month period.

    Payment for public holidays (such as Christmas or New Year’s Day) which occur when you are on leave,should be added onto your holiday pay.

    Public holidays

    If you normally work on a day on which a public holiday falls you should receive a day’s pay without working on that day. Some States have different public holidays but all have about 10 different public holidays a year.

    The public holidays that apply across Australia are New Year’s Day (1 January),Australia Day (26 January),Good Friday and Easter Monday in March or April,ANZAC Day (25 April),Christmas Day and Boxing Day (25 and 26 December). There are extra public holidays that apply on different days in different States.

    Superannuation

    By law,your employer has to make a superannuation contribution of 9.25% to an approved fund,for you. The industry default funds are Australian Super Fund and SunSuper,which are approved by both the union and some employer organisations,unless you choose another complying fund.

    Workers Compensation

    As an outworker you are entitled to a safe and healthy workplace. As an outworker you are covered by work health and safety legislation and workers compensation legislation.

    If you become ill or suffer an injury as a result of the work you may be entitled to workers compensation,which helps you pay for any treatment you might need to get better,and for time off work.

    Materials

    Your employer must provide all necessary materials,trimmings and sewing threads for the work you are doing.

    Delivery and pick up

    The employer must deliver and pick up the work free of charge to you.

    Record of work

    Every time you receive work you should keep a record.

    This should show:

  • Your name and address;


  • Your employer’s name,address,telephone number,ABN/ACN and Board registration number;


  • The time and date you received the work and the time and date when the work is to be completed;


  • A description of the nature of the work to be completed (including diagrams where available);


  • The number of items,what the item is and how long it will take (hours and days) to make or work on each item;


  • The price you will get for each item;and


  • The total amount of money paid for the completed work.


    If you need information or help in relation to any of your rights you can contact the Textile,Clothing and Footwear Union of Australia,the union which represents workers in the TCF industry.

    51. By deleting Schedule G and inserting the following:

    Schedule G—Definitions

    G.1 Clothing and footwear

    G.1.1 Basic tasks

    Uncomplicated tasks which are easily learned and involve little decision making whether machine or non-machine. Basic machine tasks are those where the positioning of the work may be controlled by guide-bars and sensor lights or other such guiding devices or where there is uncomplicated feeding of the fabric or material.

    G.1.2 Intermediate tasks

    Tasks which are more difficult to learn,involve more decision making than Skill Level 1 tasks and which require fabric knowledge (or in the footwear industry,material or component knowledge),whether machine or non-machine. Intermediate machine tasks require skill in positioning,feeding and handling of work involving directional changes,contouring or critical stoppage points,or require feeding and handling skills beyond those of a Skill Level 1 operator because of fabric or material variation. Intermediate non-machine tasks require skills to perform a sequence of related tasks.

    G.1.3 Complex tasks

    Tasks which are more difficult to learn and involve a higher level of decision making than Skill Level 2 tasks whether machine or non-machine. Complex machine tasks require fabric or material manipulation skills and knowledge beyond those of a Skill Level 2 operator to perform more difficult tasks or to handle and align the sections while ensuring correct shaping of the end result because of the complexity of combining parts or because of frequent variation in fabrics or materials.

    G.1.4 Series of different operations on a machine

    Performing a sequence of different operations on a machine/s to complete the majority of a complex garment (or in the footwear industry,a complex component assembly or complex upper).

    G.1.5 Machine

    (a) Any piece of equipment which performs a significant part of an operation in:

      (i) designing/grading of patterns;

      (ii) marker spreading;

      (iii) spreading of fabric;and

      (iv) cutting,sewing,finishing,pressing and packaging of products (and in the footwear industry,last making and/or component manufacture) and which is powered by an external source i.e. electricity,steam or compressed air or combinations of these. Hand tools are not machines and refer to those items which are primarily powered by the operator e.g. scissors,shears,staplers,tagging guns and tape dispensers.

    G.1.6 Variety of machine types

    Three or more different types of machines which are sufficiently different in their operation to require the exercise of different skills (i.e. a button holer and a button sewer are the same machine type for this purpose whereas a button holer and an overlocker are different machine types).

    G.1.7 Whole garment machinist or equivalent skills

    (a) A machinist who works largely independently in producing a complex garment from written specifications and patterns. Examples of “equivalent skills”include:

      (i) sample machinist;

      (ii) a machinist who performs each of the operations required to complete a complex whole garment from specifications;and

      (iii) a fully multi-skilled machinist who is required to perform any of the operations involved in the making of a complex whole garment to specification.

    G.1.8 Whole upper machinist or equivalent skills (footwear)

    (a) A machinist who works largely independently in producing a complex upper from written specifications and patterns. Examples of “equivalent skills”include:

      (i) sample machinist;

      (ii) a fully multi-skilled operator who is required to perform any of the operations involved in the making of a complex whole upper or a complex component to specification;and

      (iii) an operator who performs each of the operations required to complete a complex assembly or a complex whole upper from specifications.

    G.1.9 Skill

    The application of a combination of abilities,knowledge and attributes to competently perform a given activity or activities.

    G.1.10 Competence

    The ability to perform a particular activity or activities to a prescribed standard (or standards) and under a prescribed set of circumstances.

    G.1.11 Component parts

    The parts of the product which the operator receives in order to perform their job.

    G.1.12 Key pad skills

    Ability to use a small panel of keys,either numerical or with symbols,to operate equipment.

    G.1.13 Basic computer skills

    Use of a computer to enter,retrieve and interpret data.

    G.1.14 Co-ordinating role

    A role which involves responsibility for organising and bringing together the work and resource requirements of a work group or team.

    G.1.15 Defined procedures/methods

    Specific instructions outlining how an operator is to do their job.

    G.1.16 Largely independently

    (a) Where the employee is accountable for own results including:

      (i) carrying out assigned task;

      (ii) co-ordinating processes;and

      (iii) setting and working to deadlines.

    G.1.17 Designated responsibility

    Identified by management as a person with a specific role or responsibility.

    G.1.18 Minor equipment/machine maintenance

    (a) Includes cleaning and minor adjustments to the equipment involved. In the case of sewing machines for example,it may include:

      (i) changing needles;

      (ii) cleaning;

      (iii) lubrication;and/or

      (iv) tension and stitch adjustment.

    G.1.19 On-the-job instruction

    Demonstrating,showing,explaining and/or guiding other employees as to how to perform a particular task or operation to a competent standard.

    G.1.20 Quality assurance

    The overall system and plans used to provide confidence that goods and services will satisfy given requirements.

    G.1.21 Quality control

    The activities used to check that materials and products meet quality specifications,includes the grading of product into acceptable and unacceptable categories.

    G.1.22 Quality deviations

    Departures from a quality standard.

    G.1.23 Quality indicators

    Information used to determine whether a quality standard has been met.

    G.1.24 Specified quality standards

    Detailed standards against which quality is measured.

    G.1.25 Team environment

    An environment involving work arrangements in which a group of people work closely,flexibly and in co-operation with each other to ensure efficient and effective performance.

    G.1.26 Shoe

    A shoe is to include all forms of foot covering that is generally made in the footwear industry and will encompass shoes,boots,and complex sandals.

    G.2 Textile employees

    G.2.1 Competence

    The ability to perform a particular activity or activities to a prescribed standard (or standards) and under a prescribed set of circumstances.

    G.2.2 On-the-job instruction

    Demonstrating,showing,explaining and/or guiding other employees as to how to perform a particular task or operation to a competent standard.

    G.2.3 Skill

    The application of a combination of abilities,knowledge and attributes to competently perform a given activity or activities.

    G.2.4 Quality control

    The activities used to check that materials and products meet quality specifications;includes the grading of product into acceptable and unacceptable categories.

    G.2.5 Minor equipment/machine maintenance

    (a) Includes cleaning and minor adjustments to the equipment/machine. In the case of sewing machines for example,it may include:

      (i) changing needles;

      (ii) cleaning;

      (iii) lubrication;and/or

      (iv) tension and stitch adjustment.

    G.2.6 Defined procedures/methods

    Specific instructions outlining how an employee is to do their job.

    G.2.7 Team environment

    An environment involving work arrangements in which a group of employees work closely,flexibly and in co-operation with each other to ensure efficient and effective performance.

    G.2.8 Basic tasks

    (a) Non-make up section

    Uncomplicated tasks which are easily learned and involve little decision making whether machine or non-machine.

    Performs a range of simple manual tasks:

      (i) inspects and/or examines and/or uncomplicated grading/pairing raw materials/yarns/fabrics etc. for faults (non-machine operations);and/or

      (ii) carries out simple tests on yarns/fabrics etc. outside a laboratory environment;and/or

      (iii) transfers,removes or supplies fabric,yarn,tickets,bobbins etc. to other employees or from one section to another;and/or

      (iv) performs basic machine tasks (see definition below).

    (b) Make up section

      (i) uncomplicated tasks which are easily learned and involve little decision making whether machine or non-machine;and/or

      (ii) basic machine tasks are those where the positioning of the work may be controlled by guide-bars and sensor lights,or other such guiding devices,or where there is uncomplicated feeding of the fabric.

    G.2.9 Basic machine tasks

    (a) In the make up section basic machine tasks are those where the positioning of the work may be controlled by guide-bars and sensor lights,or other such guiding devices,or where there is uncomplicated feeding of the fabric or uncomplicated machine related tasks.

    (b) In the non make up section,basic machine tasks involve those of a sock turner.

    (c) Provided,however,for the purposes of this subpart,an employer will approach the relevant authorised officer of the relevant union where it is thought that the operation of any machine (other than a sock turner) only requires the performance of basic machine tasks (i.e. uncomplicated machine related tasks).

    (d) If the relevant authorised officer of the relevant union and the employer agree that the operation of the machine requires the use of basic machine tasks,they will record this agreement in writing.

    G.2.10 Specified quality standards

    Detailed standards against which quality is measured.

    G.2.11 Quality indicators

    Information used to determine whether a quality standard has been met.

    G.2.12 Key pad skills

    Ability to use a small panel of keys,either numerical or with symbols,to operate equipment.

    G.2.13 Additional skills

    Skills that can be developed by an employee through training to assist that worker to become qualified for a higher skill level.

    G.2.14 Intermediate Tasks

    (a) Non-make up

    Tasks which are more difficult to learn,involve more decision making than Skill Level 1 tasks and which may require more fabric/product knowledge,whether machine or non-machine.

      (i) the efficient operation of a machine or machines involving the application of more than basic skills in the setting up,running,monitoring and making adjustments to the machine or machines;or

      (ii) the inspection or examination and grading/pairing of raw materials/yarns/fabrics etc. for faults,and where necessary,mends by hand or machine;or

      (iii) carries out tests which may involve colour matching and interaction of chemicals and/or dyes on yarns or fabrics etc. in a laboratory environment;or

      (iv) is responsible for monitoring and co-ordination of fabric,yarn,tickets,bobbins etc. to other workers,or from one section to another;or

      (v) weighs and measures raw materials/yarns/fabrics or chemicals and/or dyes;

      (vi) intermediate non-machine tasks require skills to perform a sequence of related tasks.

    (b) Make up section

      (i) tasks which are more difficult to learn,involve more decision making than Skill Level 1 tasks and which may require fabric knowledge whether machine or non-machine,or

      (ii) intermediate machine tasks require skill in positioning,feeding and handling of work involving directional changes,contouring or critical stopping points,or require feeding and handling skills beyond those of a Skill Level 1 worker because of fabric variation;or

      (iii) intermediate non-machine tasks to perform a sequence of related tasks.

    G.2.15 Component Parts

    (a) The parts of a product which the employee receives in order to perform their job.

      (i) Machine

    Any piece of equipment which is powered by an external source,i.e. electricity,steam or compressed air,or a combination of these.

    Hand tools are not machines and refer to those items which are primarily powered by the employee,e.g.:scissors,shears,staplers,tagging guns and tape dispensers.

      (ii) Basic computer skills

    Use of the computer to enter,retrieve and interpret data.

    G.2.16 Complex Tasks

    (a) Non-make up

    Tasks which are more difficult to learn and involve a higher level of decision making than Skill Level 2 tasks,whether machine or non-machine.

      (i) the application of more than intermediate skills in the setting up,running,monitoring and making adjustments/performs maintenance as required,but not to a standard equivalent to a Skill Level 4 employee,or

      (ii) inspects,examines and grades raw materials/yarns/fabrics etc. and mends by hand or machine consistent with specified quality standards;or

      (iii) carries out tests which may involve colour matching of yarns/fabrics etc. in a laboratory. Assessment of the results of tests performed. Make decisions in the selection of dyes/chemicals;or

      (iv) capable of understanding recipes,makes decisions and is responsible in the performance of duties including weighing,measurement and selection of chemicals or dyes to specification.

    (b) Make up section

      (i) tasks which are more difficult to learn and involve a higher level of decision making than Skill Level 2 tasks,whether machine or non-machine.

      (ii) complex machine tasks require fabric manipulation skills and knowledge beyond those of a Skill Level 2 worker to perform more difficult tasks or to handle and align the sections while correct shaping of the end result because of the complexity of combining parts or because of frequent variation in fabrics.

    G.2.17 Series of different operations on a machine(s)—Make up section

    Performing a sequence of different operations on a machine/s to complete the majority of a complex garment.

    G.2.18 Variety of machine types—Make up section

    Three or more different types of machines which are sufficiently different in their operation to require the exercise of different skills (i.e. a button holer and a button sewer are the same machine type for this purpose whereas a button holer and an over locker are different machine types).

    G.2.19 Quality assurance

    The overall system and plans used to provide confidence that goods and services will satisfy given requirements.

    G.2.20 Quality deviation

    Departures from a quality standard.

    G.2.21 Co-ordinating role

    A role which involves responsibility for organising and bringing together the work and resource requirements of a work group or team.

    G.2.22 Largely independently

    (a) Where the employee is accountable for own results including:

      (i) carrying out assigned tasks.

      (ii) co-ordinating processes.

    G.2.23 Whole Garment Machinist or equivalent skills—Make up section designated responsibility

    Identified by management as an employee with a specific role or responsibility.

    G.2.24 Pedestrian Fork-lift Operator means an employee operating from a standing position adjacent to a self powered fork-lift appliance with which loads are handled,either solely by means of forks or tines mounted on a sliding carriage,or a vertical or near vertical mast,or by such means together with the use of a jib,ram,grab or other attachment. This definition specifically excludes stillage trucks or other appliances designed to lift and move a pallet or pallets within 30cm of floor level.

    G.2.25 High Rise Stacker Operator means an operator of a device known as a high rise stacker where both the operator and the lift ascend with the load above the floor level of up to 12 metres.

    A high rise stacker operator in addition to being a qualified fork-lift driver will have undertaken additional training and be qualified to operate a high rise stacker in accordance with the various State acts.

    G.3 Warehouse employees

    G.3.1 Warehouse employee means an employee (other than foreman/woman) performing up to any of the following functions:

    G.3.2 Sorting and storing

    Assist in unloading trucks,trolleys or other transportation devices. Sort or check goods and take them to appropriate places (bins,shelves,stacks) in warehouse for storage. Enter on cards or labels.

    G.3.3 Order processing

    Make up orders to specifications by selecting goods from storage places in warehouse and assembling them for packing or parcelling. Enter on cards or labels.

    G.3.4 Wrapping or packing

    (a) Check,pack or wrap assembled goods,address and weigh. Assist in loading. Enter on cards or Labels.

    (b) Provided that any person performing more than two of the above functions will be classified as storeman/woman.

    (c) Provided also that an employee engaged exclusively in sorting and/or storing and/or dispatching of goods partly processed within an workplace and held in a storage area pending further processing within that workplace will be regarded as a warehouse employee.

    (d) Provided further that warehouse employee will not include:

      (i) an employee who in the course of manufacture merely encloses goods in the uniform container or containers in which such goods are ordinarily sold by the manufacturer;

      (ii) an employee employed solely in cleaning or labouring duties in or about a warehouse or in connection with the work of a warehouse employee will not be deemed,by reason only of the employee’s performance of such duties to come within the definitions;

      (iii) a foreman/woman or other person in charge in such warehouse or place who does not ordinarily work manually therein as a warehouse employee.

    G.4 Wool and basil employees

    G.4.1 Wool and basil employees are employees who are required to work on pulling sheep skins,pie or piece picking,or any other class of work connected with wool scouring and carbonising.

    G.5 General

    G.5.1 Assistant foreman/woman and/or overlocker means an employee appointed as such by the management.

    G.5.2 Designer—Creative means an employee engaged as such and who in the course of their employment is required to create original designs and master sketches and may supervise and correct the work of other designers and technical drawers.

    G.5.3 Designer—Other means an employee engaged as such and who is required to produce master sketches from designs supplied by the employer and in doing so may be required to adapt or correct such designs,or is required to produce original drawings (not being master sketches) or adaptations.

    G.5.4 Fancy Warper Woollen and Worsted Division means an employee who in the construction of warps containing different counts,shades,qualities or twists of yarn,uses two or more colours or where yarn is of a similar count,shade,quality or twist,three or more colours.

    G.5.5 Machine Operator and/or Attendant means an employee who in the course of their duty,is called upon to operate a machine and does not include an employee whose sole duty is carrying material to and from a machine.

    G.5.6 Recorder means an employee whose main duties are entering of production figures on tickets and/or sheets,weighing and/or classifying the materials and/or making simple book entries.

    G.5.7 Sewing Machine Mechanic means an employee:

    (a) who has served an apprenticeship as such or who,in the view of the employer and the union,has undergone equivalent training and/or experience;and

    (b) who is engaged to assemble,adjust,test and lubricate,to dismantle machines and trace faults,to repair and replace mechanisms and to be able to make and install a multiplicity of attachments and to use all tools commonly used in the industry,for the correct and efficient operation of all sewing machines.

    G.5.8 Textile Mechanic means an employee:

    (a) who has served an apprenticeship as such or who,in the view of the employer and the union,has undergone equivalent training and/or experience;

    (b) who possesses a knowledge of yarns,fabrics,cloth structure and designs and the ancillary processes connected with the different types of machinery;and

    (c) who is engaged in maintenance,mechanical adjustments,assembling,dismantling,replacement of parts (other than those parts replaced by machine operators in the course of their normal duties),and to be able to make and install attachments,and to use all tools commonly used in the industry,and setting of different types of machines for their correct and efficient operation,and all things incidental thereto.

    G.5.9 Technical Drawer means an employee engaged as such who in the performance of their duties prepares stencils or films for screen printing by tracing or working from master sketches or similar art work or designs.

    G.5.10 Textile Mechanic Special Class and Textile Mechanic (Sewing Machine) Special Class means a textile mechanic (as defined) who is principally engaged in servicing and maintaining complex equipment requiring the application of additional knowledge.

    (a) In this definition complex equipment means textile production equipment with control systems derived from advanced electronic,pneumatic,hydraulic or robotic technology. Additional knowledge means knowledge in excess of that of the textile mechanic which has been acquired by the textile mechanic by virtue of:

      (i) having had not less than two years’on-the-job experience as a textile mechanic working mainly on such complex equipment as will enable the textile mechanic to perform such work unsupervised,where necessary and practicable;and

      (ii) having either the satisfactory completion of a post trade course relevant to that equipment or the achievement of a comparable standard of knowledge by other means,including on-the-job training and the experience referred to in part (i) hereof,gained a sufficient comprehension of such complex equipment as will enable the textile mechanic to perform such work.

    52. By updating all cross-references accordingly.

    B. This determination comes into operation on the first full pay period commencing on or after 4 October 2013.

    SENIOR DEPUTY PRESIDENT

    Printed by authority of the Commonwealth Government Printer

    <Price code C>

About this document
(1)
Code:
PR542901V
Title:
MA000017 - Variation - 04 Oct 2013
Effective:
4 Oct 2013
Updated:
6 Oct 2013
(0)
MA000017 - Variation - 04 Oct 2013
Related Information
1.0.11.0 SB