WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers—Western Australian Branch and Community Newspaper Group. No. 48 of 1996. Printing (Community Newspaper Group) Award No. A21 of 1989. COMMISSIONER R.N. GEORGE. 8 October 1996. Order. HAVING heard Mr G. Bucknall on behalf of the Applicant and Mr S. Foy on behalf of the Respondent and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders: THAT the Printing (Community Newspaper Group) Award No. A21 of 1989 be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period com- mencing on or after the 14 August 1996. (Sgd.) R. N. GEORGE, [L.S.] Commissioner. ——— Schedule. 1. Clause 2.—Arrangement: A. After the number and title ‘38. Enterprise Agree- ments’ insert the following new number and ti- tle— 39. Redundancy B. Delete the title ‘Schedule A—Named Union Party’ and insert the following new title— Schedule A—Named Parties 2. Clause 6.—Definitions: Delete this clause and insert in lieu the following— “Employer” The Respondent employer to this award is the Community Newspaper Group (1985) Pty Ltd. “Adult” shall mean any employee who has attained the age of 21 years, other than an apprentice who has not completed a period of apprenticeship, and includes a non- apprenticed junior of 18 years of age or over who is em- ployed in other than an apprenticeship occupation specified in Clause 26.—Apprentices and who is receiv- ing the adult wage for that occupation, or any employee who has completed an apprenticeship but has not attained the age of 21 years. “Section” shall mean any division of a branch of the in- dustry. “Chapel” shall mean the Chapel of the Union. “Union” shall mean The Automotive, Food, Metals, En- gineering, Printing and Kindred Industries Union of Workers Western Australian Branch. “House” shall mean the management of the respondent company. “Keyboard Operator” shall mean and refer to an employee who performs limited functions of keyboard operating and who is neither a tradesperson Compositor nor an Artist/ Designer (including Commercial Artist) and who does not perform the general trade skills of a Compositor. “Artist and/or Designer” howsoever described: shall mean and refer to the work of an employee employed in or in connection with designing, sketching, drawing, tracing, colouring photographs, retouching of bromides, repro- ducing, writing (including ticket writing), lettering, il- lustrating, commercial art, or in copying art work or WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4691 76 W.A.I.G. layouts, or in any way preparing art work or layouts for use or prospective use within the industry as defined in Clause 1 of this award. “General Hand” shall mean an employee whose duties do not involve trade requirements and is situated in the Composing area. “Adult Apprentices” (1) An adult apprentice means a person of 21 years of age or over at the time of entering into an indenture to one of the branches of the printing industry pre- scribed in Clause 9 of this award. Subject to this clause, conditions of employment of adult apprentices shall be those prescribed for ap- prentices indentured under the age of 21 years. Preference of employment (2) Preference of employment as an adult apprentice should be given to an applicant who is employed in the printing industry. Period of apprenticeship (3) (a) Subject to this clause of this award, an adult apprentice shall be indentured for a period of four years in which period shall be included the period of probation. (b) Notwithstanding sub-paragraph (a) hereof where a Board of Reference approves an ap- plication for adult apprenticeship by an appli- cant who has been employed in the printing industry for at least two consecutive years and the Board is satisfied that the applicant has sufficient theoretical and practical knowledge, it may, subject to any conditions it may deter- mine, permit the applicant to reduce the length of the apprenticeship. Technical School training of adult apprentices. (4) (a) Each adult apprentice shall from the com- mencement of an apprenticeship attend and not be prevented by the employer from attend- ing during the apprentice’s ordinary working hours for eight hours every week a suitable Technical School for the period of three years or, where the training facilities for apprentices at the Technical School attended by such ap- prentices make it impracticable for their at- tendance to be for eight hours every week or for a period of three years, then for the number of hours and for the period of any prescribed course (with the minimum of four hours a day a week) as is approved by the organisations party to this award or by the appropriate Board of Reference, if such school is available. Wher- ever a State Technical School provides instruc- tion in an apprenticeship trade such State Technical School shall be accepted as a suit- able school for the purposes of this award. (b) Where a State conducts in a suitable Techni- cal School a system of block release Techni- cal School training, each adult apprentice shall from the commencement of an apprenticeship attend and not be prevented by the employer from attending during the apprentice’s ordi- nary working hours such block release train- ing for maximum of eight weeks each year for a period of three years on a basis to be ar- ranged between the organisations respondent to this award and the relevant State Technical Education authorities. Such block release Technical School training shall be in lieu of the Technical School train- ing prescribed in subclause (4)(a) hereof. Wages of adult apprentices (5) (a) Where a person was employed by an employer in the printing industry immediately before becoming an adult apprentice with that em- ployer, such person shall not suffer a reduc- tion in actual rate of pay by virtue of becoming indentured. (b) Subject to subclause (5)(a) hereof, the wages of an adult apprentice, including the wages of probationers for apprenticeship, shall be those payable to Adult Apprentices in Table 2 of Clause 9 of this award. Proportion of apprentices to skilled adults (6) Adult apprentices shall be employed as excess ap- prentices. Form of indenture of adult apprenticeship (7) Each indenture of adult apprenticeship shall be in the form prescribed provided that: References to parent or guardian shall be deleted. Adult apprentices day work/shift work provisions (8) (a) An adult apprentice (other than an apprentice engaged on block release Technical School training) shall be employed only on day work during the period the adult apprentice is re- quired to attend Technical School as deter- mined in subclause (4) hereof. (b) An adult apprentice engaged in block re- lease Technical School training may be employed on morning, afternoon or night shift except during periods of attendance on block release training as determined in subclause (4) hereof. 3. Clause 8.—Casuals: Immediately following subclause (3) of this clause insert the following new clause— (4) A casual employee when working on a public holi- day or overtime or at any time for which a perma- nent employee is paid above his/her ordinary rate in accordance with this Award, shall receive the same Award prescription in accordance with this Award with the addition of twenty percent. 4. Clause 15.—Hours of Work: Delete this clause and insert in lieu the following— 15.—HOURS OF WORK (1) The maximum number of ordinary hours to be worked by a weekly employee regardless of shift and other than overtime shall be 36 per week. (2) (a) Day shift means a rostered work shift performed between the hours of 7.00am and 6.30pm. (b) Night shift means a rostered work shift performed between the hours of 6.30pm and 7.00am. (c) Intermediate shift means work performed during hours which include hours of both day work and night work. (3) All ordinary hours of work may be arranged on any day including Sunday. (4) The maximum number of ordinary hours to be worked in any one shift shall not exceed 10 unless mutually agreed between the House and Chapel, in which case the maximum hour will not exceed 12. (5) An employee shall not be rostered for work for more than four shifts in any week. (6) (a) An employee shall not be rostered for less than two consecutive shifts in any week. (b) Shift workers shall not be rostered for less than three consecutive shifts in any week. (7) If during the course of a working week an employee rostered for night or intermediate shift is called upon to change the employee’s shift and work during the day the employee shall be paid the shift loading as if the employee had worked the employee’s normal rostered shift. (8) In cases where any employee is absent through sickness or other causes (such as bereavement) on the employee’s rostered day or night off, the employee shall not be reimbursed with an additional day or night off in lieu. (9) The roster of daily hours of each branch shall be promi- nently displayed and will remain as such until altered by at least one week’s notice. (10) The ordinary hours of day work may commence at 6.00am on a Sunday by agreement between the employer and the majority of employees concerned. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 76 W.A.I.G. 4692 5. Clause 32.—Computerised Typesetting: Delete this clause and insert in lieu the following— 32.—COMPUTERISED TYPESETTING (1) Classified Advertisements Classified advertisement takers may input all classified linage and limited (semi) display advertisements. (2) Output of Pages Employees covered by this Award will control all output of pages be they Display Advertising pages or Classified/Trades and Services. (3) Other Employees covered by this Award will control all Graphic Libraries for Display Advertising, Classified Advertising, Trades and Services Advertising and Editorial Library services. (4) Photographic (a) Photographers will only scan negatives from pictures they have taken. (b) Any hard copy photographed will be scanned by employees covered by this Award. (c) That all manipulation of the scanned negatives which may include but not limited to the following crop- ping, signing, routing, enhancement screens, etc will be performed by employees covered by this Award. 6. Clause 36.—Part-Time Employees: Delete this clause and insert in lieu the following— 36.—PART-TIME EMPLOYEES The number or proportion of part-time employees employed by the employer shall not exceed that agreed in writing between the employer and the union from time to time. The practical operation of this clause shall be reviewed by the employer and the union at a date six months after the date of ratification and subsequently upon request by the union, but at not less than twelve monthly intervals. (1) (a) The weekly hours worked by part-time employees shall not be less than 16 hours per week or more than 32 hours per week. Such hours shall be worked on any or all days of the week. (b) Except as agreed between the employer and the un- ion, the parameters for the working of “ordinary hours” for permanent part-time employees shall be 7.00am to 6.30pm. (c) Any additional hours worked by the employee out- side of the nominated spread of hours noted in subclause (1)(a) hereof shall be paid as overtime pursuant to Clause 16 of this award. (2) (a) The employer shall specify and agree in writing be- fore a part-time employee commences duty on a part- time basis, the prescribed weekly and daily hours of duty for the employee including starting and finish- ing times each day. (b) The employer shall give an employee one (1) week’s notice of any proposed permanent variation to the employee’s starting and finishing times and/or par- ticular days worked, provided that the employer shall confirm the employee’s new permanent weekly and daily hours of duty in writing. (3) Notwithstanding the provisions of subclause (2)(b) hereof, and by agreement between the employee and the employer, the ordinary weekly hours for a part-time employee may be varied on a daily basis, provided that such extra hours worked fall between the agreed spread of hours noted in subclause (1)(a) hereof. (4) (a) An employee who for personal reasons desires and applies to the employer for permanent employment on a part-time basis may, by agreement with the employer, have their ordinary weekly hours pre- scribed by Clause 15 reduced. The union shall be a party to any such agreement. (b) An employee having been appointed part-time in accordance with paragraph (a) of this subclause, who wishes to revert to full-time employment with the employer shall, upon written application to the em- ployer, be granted due consideration for the next available and suitable full-time position. (5) (a) Part-time employees shall be paid a proportion of the appropriate total wage dependent upon time worked. The wage shall be calculated in accordance with the following formula— TOTAL WAGE ———————————— 36 x Hours Worked Per Week (incorporating weekend penalty rate) (b) A part-time employee shall become entitled to and shall take annual leave, bereavement leave, mater- nity leave, sick leave, long service leave and public holidays or be paid in lieu of such leave in the same manner and under the same conditions as a full-time employee becomes entitled to and granted such leave according to this award. (c) The payment or deduction of payment in lieu of ter- mination of employment as provided in subclause (4) of Clause 7.—Terms of Employment of this award shall, in the case of a part-time employee, be an amount equal to the weekly wage payable to that part-time employee. 7. Clause 38.—Enterprise Agreements: Immediately following this clause insert the following new clause— 39.—REDUNDANCY (1) Redundancy Payments: (a) For those employees deemed redundant, the follow- ing redundancy payments shall apply: 4 weeks pay per year of service for each com- pleted year. (b) Pro rata payments will not apply other than where an employee has completed 6 months or more in any year, in which case he/she shall be credited with pay- ment as per a full years service. (c) Employees will receive payment for long service leave on a pro rata basis after the completion of seven years service. (d) In the application of the redundancy payment to those employees, the “weeks pay” referred to above shall be the prescribed base Award rate for the classifica- tion of the employee, plus night/intermediate shift loadings, and personal margins and shall include any weekend penalties or loadings. Such loadings, pen- alties and margins to be the average of those incurred by the employee during the 26 weeks period preced- ing the date of termination but not to include any overtime payments. (2) Both parties recognise that this Agreement will be applicable when members of the Australian Manufacturing Worker Union are made redundant for whatever circumstances. (3) The company shall give a minimum notice period of three weeks to the Union of the number of employees to be made redundant and the intended date of termination. Such notice to be in writing. (4) The company shall invite applications from employees who wish to take voluntary redundancy. (5) Applications shall be directed to the Operations Manager and he/she shall provide immediately copies to the Union who will receive all applications in confidence. (6) In the event of any shortfall in applications from employees as per (5) above, or in the event that more of such applications are received than are required, the company will determine which employees are to be retrenched after duly considering: (a) Legal and occupation health and safety considerations. (b) Skills and knowledge of individual employees in relation to the positions and work arrangements that will remain in place in the Production Department. (c) Length of service. (d) The company reserves the right to specify that it may wish to retain the services of a particular employee(s) because of such employee(s) unique experience or training or both. (7) Having made the determination referred to in (6) above, the company will immediately advise the redundant employees WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 4693 76 W.A.I.G. concerned. If an employee is declared redundant and seeks to continue employment with the company they may apply to substitute for a fellow employee with the same level of experience, training and skills who is willing to take voluntary redundancy. The company in consultation with the employees concerned and the Union will determine whether the substitution should take place. In the event of any dispute in relation to this process, the procedure for settlement of disputes contained in Clause 34.—Settlement of Disputes or Claims shall apply. (8) Employees will be advised by written advice of the termination of their services. (9) Employees will terminate one week after receiving such notice prescribed in (8) above. 8. Schedule A—Named Union Party: Delete this Schedule and insert in lieu the following— SCHEDULE A—NAMED PARTIES Union Party—The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers—Western Australian Branch Employer Party—Community Newspaper Group (1985) Pty Ltd. THE SHOP AND WAREHOUSE (WHOLESALE AND RETAIL ESTABLISHMENTS) STATE AWARD 1977 No. R 32 of 1976.