Security Industry (State) Award [NSW – AN120497]

Vehicle industry (repair, service and retail) Scope – Detailed –
Federal Awards & NAPSAs
The Vehicle Industry - Repair, Services and Retail Award 2002 [AP824308CAV –
Fed] ............................................................................................................................ 2
3. Incidence of Award and Supersession ................................................................ 2
4. Parties Bound ..................................................................................................... 3
4A. Exemptions ....................................................................................................... 3
Schedule A.............................................................................................................. 4
Schedule B.............................................................................................................. 4
Declaration – Australian Capital Territory................................................................ 5
Declaration – Victoria .............................................................................................. 5
Automotive Services (Northern Territory) Award 2002 [AP818846CRN – Fed] ... 9
4. Scope of the Award ............................................................................................. 9
5. Where the Award Applies.................................................................................... 9
6. Who Is Bound By the Award ............................................................................... 9
Schedule 3 - Declaration of Common Rule ........................................................... 10
Clerks (Vehicle Industry - Repair Services and Retail) Award 2003 [AP826201 –
Fed] .......................................................................................................................... 11
3. Incidence of Award ........................................................................................... 11
4. Parties Bound ................................................................................................... 11
12. Definitions ....................................................................................................... 12
Vehicle Industry - Repair Services and Retail (State) Award [AN120631 – NSW]
................................................................................................................................. 13
44. Area, Incidence and Duration .......................................................................... 13
6. Wage Rates ...................................................................................................... 14
Garage and Service Station Attendants' Award - State (Excluding SouthEastern District) 2003 [AN140129 – Qld]............................................................... 15
1.4 Award Coverage ............................................................................................. 15
1.6 Area of Operation ............................................................................................ 15
1.7 Partial Exemptions .......................................................................................... 17
Vehicle Industry (South Australia) Repair Service and Retail Award [AN150167
– SA] ........................................................................................................................ 18
1.3. Scope, Persons Bound and Locality .............................................................. 18
Schedule 1. Classification structure ...................................................................... 18
Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and
Paint Protection), Industry Award No. 29 of 1980 [AN160222 – WA] ................. 21
3. Scope ................................................................................................................ 21
4. Area ................................................................................................................. 21
Schedule B. Parties to the Award ......................................................................... 21
Vehicle industry (repair, service and retail) Scope – Detailed – Federal Awards & NAPSAs – As at 18 February
2009
1
The Vehicle Industry - Repair, Services and Retail Award 2002
[AP824308CAV – Fed]
3. Incidence of Award and Supersession
[3(a) varied by J5676; stayed by J6863 - appeal refused Dec 1078/91 S Print K0007; substituted by
L3362 ppc 23Mar94; varied by PR904649 ppc 20Apr01]
(a) This award shall apply in the States of New South Wales, Victoria, Queensland, South Australia,
Tasmania and the Australian Capital Territory.
(i) To every operation carried on within or in connection with the establishment of an employer whose
undertaking is principally concerned with the selling, distributing, repairing, maintaining, towing,
wrecking, servicing and/or parking of motor vehicles of all kinds, caravans, trailers or the like and
equipment or parts or components thereof or the supply of running requirements for such vehicles and
the like; and
(ii) In other establishments principally concerned with the selling, distributing, repairing, maintaining,
towing, wrecking, servicing and/or parking of motor vehicles of all kinds, caravans, trailers or the like
and equipment or parts or components thereof or the supply of running requirements for such vehicles
and the like to every operation therein coming within the classifications or classes of work referred to
in subclause 8(a) or determined pursuant to clause 11 of this award; and
(iii) To every operation concerned with the repair and servicing of motor vehicles in the establishment
of an employer not falling within paragraphs (i) and (ii) hereof but who is engaged in the motor
vehicle rental business.
(iv) Subject to the exemptions prescribed by this award, this award shall apply to all persons engaged
on any operation in or in connection with or incidental to the retailing, and/or handling and/or
retreading and/or storing/distribution and/or fitting and/or repairing of tyres or the like made of any
material.
[3(b) substituted by L5682; M1133 ppc 31Mar95; varied by PR904649 ppc 20Apr01]]
(b) This award shall apply in Western Australia for those respondents contained in Schedule E. The
award shall also apply in Western Australia insofar as it affects tyre fitting, tyre retreading and/or tyre
repairing establishments.
(c) All references to the industry or callings set out in this clause wherever expressed may be read
either alternatively or collectively in any combination whatsoever.
(d) From the date of coming into operation, this award shall supersede The Vehicle Industry - Repair,
Services and Retail - Award, 1976 [Print D1378 [V0019]] and The Vehicle Industry - Repair, Services
and Retail - Interim Wages Award 1980 [Print [V0027]], but no rights, obligations or liabilities
incurred or accrued under either of the aforementioned awards shall be affected by such supersession.
(e) Notwithstanding anything elsewhere contained herein the legal entitlements of an employee shall
not be reduced by reason of the making of this award.
(f) This award shall supersede the Vehicle Industry - Repair, Service and Retail - (Part II - Tyre Retail
and Service Centre) Award 1990 [Print J5853 [V0075]] as varied and shall regulate the terms and
conditions of employment of employees described in clause 3 of this award except for employees
engaged at those companies identified in clause 4A of this award.
The Vehicle Industry - Repair, Services and Retail Award 2002 [AP824308CAV – Fed]
2
[4(g) inserted by PR904649 ppc 20Apr01]
(g) This award shall supersede the Vehicle Industry - Repair and Retail Motor Industry (ACT) Award
1996 [V0249CRA] as varied and shall regulate the terms and conditions of employment of employees
described in cl.3 of this award, but no rights, obligations or liabilities incurred or accrued under the
Vehicle Industry - Repair and Retail Motor Industry (ACT) Award 1996 shall be affected by such
supersession.
4. Parties Bound
(a) Except as provided in subclause (b) hereof and in subclause 15(j) of this award, this award shall be
binding upon:
(i) the organizations of employees set out in schedule "A" hereto and on the members thereof;
(ii) the organisations of employers set out in Schedule B hereto and on the members thereof in respect
of the employment by them of employees whether members of the said organisations of employees set
out in Schedule A hereto or not employed on work to which this award applies.
(b) Notwithstanding anything elsewhere contained in this award it shall not apply:
(i) to an employer who is a member of The Vehicle Manufacturers’ Association of Australia
or to the employees of such an employer;
[4(b)(ii) substituted by J5676 from 28Jan91; J5676 stayed by J6863 - appeal refused by Dec
1078/91 S Print K0007]
(ii)(1) Except as specified in the proviso to subclause 3(a) to an employee to whom the Vehicle
Industry - Repair, Service and Retail - (Part II - Tyre Retail and Service Centre) Award 1990, or any
award made in substitution thereof applies or who is principally employed outside the employers place
of business in or in connection with the soliciting of orders for sales of tyres, tubes or other rubber
goods or batteries.
(2) Any dispute as to whether the operation of an employer or establishment falls within this award or
the Vehicle Industry - Repair, Service and Retail - (Part II - Tyre Retail and Service Centre) Award
1990 shall be referred for resolution in accordance with subclause 4(d) of that award.
(iii) to an employee employed primarily as a bus driver;
(iv) to an employee in a car park where the employer’s undertaking does not provide repairs and
service and/or servicing facilities of motor vehicles other than supplying petrol and oil.
4A. Exemptions
[4A inserted by L3362 ppc 23Mar94]
[4A see also Common Rule Declaration PR954481 appended to this award]
(a) This award shall not apply to South Pacific Tyres Retreading Limited in respect of its tyre
retreading operations located at the following locations, which will remain covered by the Rubber,
Plastic and Cable Making Industry (Consolidated) Award 1983 [Print F5566 [R0007]]:
The Vehicle Industry - Repair, Services and Retail Award 2002 [AP824308CAV – Fed]
3
A. Ford Street, South Melbourne VIC 3205
B. 75 Wellington Street, Longford TAS 7301
C. 9 Albert Street, Windsor Gardens SA 5087
D. 152 Gilba Road, Girraween NSW 2145
E. 30 Miles Road, Kewdale WA 6105
(b) This award shall not apply to Bridgestone Australia Limited in respect of its retreading operations
located at the following locations, which will remain covered by the Rubber, Plastic and Cable
Making Industry (Consolidated) Award 1983:
A.Cnr South Road and Grand Junction Road, Regency Park SA 5010
B. Truck City 1745 Sydney Road, Campbellfield VIC 3061
C. 148 Silverwater Road, Silverwater NSW 2141
D. 53 McArthur Road, Salisbury QLD 4107
E. Cnr Kewdale Road and Ferguson Road, Kewdale WA 6105
Schedule A
[Schedule A varied by H6090 H6295 J8310; K5700; K8305 from 29Jun93]
Automotive, Metals and Engineering Union
Federation of Industrial, Manufacturing and Engineerig Employees
Electrical, Electronic, Plumbing and Allied Workers Union of Australia
Automotive, Metals and Engineering Union
The Federated Ironworkers’ Association of Australia
Australian Liquor, Hospitality and Miscellaneous Workers Union
The Shop Distributive and Allied Employees Association
Transport Workers’ Union of Australia
National Union of Storeworkers, Packers, Rubber and Allied Workers
Schedule B
[Schedule B varied by H1508 ppc 02Mar88; varied by L3362 ppc 23Mar94; varied by PR904649 ppc
20Apr01]
Metal Industries Association, South Australia
Metal Industries Association, Tasmania
Metal Trades Industry Association of Australia
Motor Trade Association of South Australia Incorporated
Motor Traders’ Association of New South Wales
Tasmanian Automobile Chamber of Commerce
The Victorian Chamber of Manufactures
The Victorian Employers Federation
Victorian Automobile Chamber of Commerce
Confederation of A.C.T. Industry - for the operations of this award in the Australian Capital Territory
only.
The Vehicle Industry - Repair, Services and Retail Award 2002 [AP824308CAV – Fed]
4
Declaration – Australian Capital Territory
[common rule inserted by PR904651 from 20Apr01]
1. That the whole of the terms of the Vehicle Industry - Repair, Services and Retail Award 1983 shall
be a common rule of the Australian Capital Territory and shall be binding on all employers in the said
industry in respect of the employment by them of employees in the classifications for which provision
is made in the said award and shall also be binding on all such employees.
2. That the foregoing declaration shall operate from 20 April 2001.
Declaration – Victoria
[Common rule declared by PR954481 from 01Jan05]
Pursuant to ss.141 and 493A of the Workplace Relations Act 1996 (Cth) (the Act), the Commission
makes the following common rule declaration:
1. In this declaration:
1.1 “the award” means the Vehicle Industry - Repair, Services and Retail - Award 2002, as varied
from time to time;
1.2 “employees” means employees in the industry who perform work of a kind that is covered by the
award;
1.3 “employers” means employers who employ employees; and
1.4 “the industry” means the following descriptions of industry or callings which may be read either
alternatively or collectively in any combination whatsoever:
1.4.1 every operation carried on within or in connection with the establishment of an employer whose
undertaking is principally concerned with the selling, distributing, repairing, maintaining, towing,
wrecking, servicing and/or parking of motor vehicles of all kinds, caravans, trailers or the like and
equipment or parts or components thereof or the supply of running requirements for such vehicles and
the like; and
1.4.2 other establishments principally concerned with the selling, distributing, repairing, maintaining,
towing, wrecking, servicing and/or parking of motor vehicles of all kinds, caravans, trailers or the like
and equipment or parts or components thereof or the supply of running requirements for such vehicles
and the like to every operation therein coming within the classifications or classes of work referred to
in subclause 8(a) of the award or determined pursuant to clause 11 of the award; and
1.4.3 every operation concerned with the repair and servicing of motor vehicles in the establishment of
an employer not falling within paragraphs 1.4.1 and 1.4.2 above but who is engaged in the motor
vehicles rental business; and
1.4.4 subject to the exemptions prescribed by the award, any operation in or in connection with or
incidental to the retailing, and/or handling and/or retreading and/or storing/distribution and/or fitting
and/or repairing of tyres or the like made of any material.
2. That save for and subject to the matters referred in clauses 4 to 11 below, the whole of the terms of
the award except those specified in clause 3 below, shall be:
The Vehicle Industry - Repair, Services and Retail Award 2002 [AP824308CAV – Fed]
5
2.1 a common rule for the industry in Victoria and known as the Vehicle Industry - Repair, Services
and Retail - Victorian Common Rule Declaration 2005;
2.2 binding on all employers in respect of the employment by them of employees;
2.3 binding on all employees;
2.4 binding on the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the
National Union of Workers, the Transport Workers’ Union of Australia, the Liquor, Hospitality and
Miscellaneous Union, The Australia Workers’ Union, the Communications Electrical, Electronic,
Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Shop, Distributive
and Allied Employees Association and the registered organisations respondent to the award.
3. The following clauses of the award are not included in the Vehicle Industry - Repair, Services and
Retail - Victorian Common Rule Declaration 2005:
3.1 clause 3 - Incidence of award and supersession;
3.2 clause 4 - Parties bound, insofar as it refers to employers bound by the award; and
3.3 clause 5 - Date of operation.
4. The following clause of the award shall not apply to the Vehicle Industry - Repair, Services and
Retail - Victorian Common Rule Declaration 2005:
4.1 clause 4A - Exemptions.
5. Subject to 5.1 to 5.5 below, all provisions in the Vehicle Industry - Repair, Services and Retail Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.
5.1 With respect to annual leave, only periods of annual leave commencing on or after 31 January
2005 attract leave loading.
5.2 With respect to redundancy payments for employees of employers who have fewer than 15
employees, only service on or after 1 January 2005 is to be taken into account for the purpose of
calculating service.
5.3 With respect to redundancy payments for employees of employers who have 15 employees or
more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating
service. [Note: the agreement in respect of this issue is without prejudice to the position a party may
put in roping-in proceedings.]
5.4 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August 2004.
5.5 The wages clauses (including all allowances and penalty payments) are to commence operation
from the first pay period on or after Monday, 3 January 2005 provided that in all cases the wages
clauses commence operation no later than 5 January 2005.
6. The Vehicle Industry - Repair, Services and Retail - Victorian Common Rule Declaration 2005
shall not apply to employers respondent by any means to any other award of the Commission in
respect of the employment by them of employees covered by that award.
The Vehicle Industry - Repair, Services and Retail Award 2002 [AP824308CAV – Fed]
6
7. This declaration shall not apply to a person with a disability who is eligible for a Disability Support
Pension and who is employed by a supported employment service that receives funding under the
Disability Services Act 1986 (Cth) to provide support for that person. [See Note 1 below]
8. An employer who is making superannuation contributions into a complying superannuation fund,
within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an
employee covered by this declaration prior to the date of effect of this declaration is exempt from any
provision in the award which specifies the fund or funds into which superannuation contributions are
to be paid. [See Note 2 below]
9. In the event of a dispute about the entitlement of an employer to set-off entitlements and benefits
provided under a contract of employment made prior to the date of this declaration against
entitlements and benefits required to be provided under the Vehicle Industry - Repair, Services and
Retail - Victorian Common Rule Declaration 2005, the matter may be referred to a Board of
Reference, consisting of a member of the Commission, which shall determine whether or not such a
set-off should be permitted having regard to what is fair and equitable in all the circumstances of the
case, without regard to technicalities and legal forms.
An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.
This clause shall apply for a period of twelve months from the commencement date of the Vehicle
Industry - Repair, Services and Retail - Victorian Common Rule Declaration 2005.
Any registered organisation bound by the terms of the Vehicle Industry - Repair, Services and Retail Victorian Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation
to any application made pursuant to this provision.
10. Nothing in this declaration reduces or in any way detracts from any accrued rights to any forms of
leave including sick leave, annual leave, long service leave or parental leave to which employees or
any of them have become entitled by accrual or otherwise prior to the commencement date in clause
11 below.
11. This declaration shall be an award of the Commission, shall come into force on 1 January 2005
and shall remain in force for a period of three months and thereafter in accordance with the Act. [See
Note 3 below]
Note 1
1. Disability Support Pension means the Commonwealth pension scheme to provide income security
for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended
from time to time, or any successor to that scheme.
2. The intention of this provision is limited to preventing the award from applying to sheltered
workshops (i.e. supported employment services). It does not prevent the award from applying to
employees with disabilities in open employment.
3. Leave is reserved for any party to have this issue reconsidered in the light of any developments in
the national process which is currently considering workplace relations issues for sheltered workshops.
This national process includes the Disability Sector National Industry Consultative Council and any
related applications that seek award coverage for sheltered workshops.
Note 2
1. The purpose of the exception above is to maintain the status quo in respect of employers who, as at
the date of effect of the common rule declaration, are making superannuation contributions into a
complying superannuation fund. These employers will not be required to change their existing
arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an
agreement between the employer and employees. For the avoidance of doubt, the exception continues
The Vehicle Industry - Repair, Services and Retail Award 2002 [AP824308CAV – Fed]
7
to apply to employers who are making superannuation contributions to complying superannuation
funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry
(Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which
benefits are transferred, after the date of effect of the common rule declaration, in accordance with the
Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further,
existing arrangements includes the making of contributions to such funds.
2. The exception is in respect of current and future employees of the employers who are entitled to the
benefit of the exemption.
3. The exception does not apply to new businesses which are established after the date on which the
award is declared to have effect as a common rule.
4. The exception only applies to employers who are required to apply the terms of the award by virtue
of the common rule declaration. It does not apply to employers who are named respondents to the
award or who are parties bound by virtue of the membership of an employer organisation.
5. The exception applies subject to any Commonwealth legislation to the contrary.
Note 3
Subject to s.113 of the Workplace Relations Act 1996 (Cth) and any order of the Commission, an
award dealing with particular matters continues in force until a new award is made dealing with the
same matters (see s.148 of the Workplace Relations Act 1996 (Cth)).
The Vehicle Industry - Repair, Services and Retail Award 2002 [AP824308CAV – Fed]
8
Automotive Services (Northern Territory) Award 2002
[AP818846CRN – Fed]
4. Scope of the Award
4.1 This award governs the wages and conditions of employment of all employees engaged in the
performance of all work in or in connection with or incidental to the industries of:
4.1.1 every operation carried on within or in connection with the establishment of an employer whose
undertaking is principally concerned with the selling, distributing, repairing, maintaining, towing,
wrecking, servicing and/or parking of motor vehicles of all kinds, caravans, trailers or the like and
equipment or parts or components thereof, or the supply of running requirements for such vehicles and
the like; and
4.1.2 other establishments principally concerned with selling, distributing, repairing, maintaining,
towing, wrecking, servicing and/or parking of motor vehicles of all kinds, caravans, trailers or the like
and equipment or parts or components thereof, or the supply of running requirements for such vehicles
and the like to every operation therein coming within the classifications or classes of work referred to
in clause 8 - Wage rates - adults; and
4.1.3 every operation concerned with the repair and servicing of motor vehicles in the establishment of
an employer not falling within 4.1.1 and 4.1.2 but who is engaged in the motor vehicle rental business.
4.2 All references to the industry or callings set out in this clause wherever expressed may be read
alternatively or collectively in any combination whatsoever.
5. Where the Award Applies
This award applies throughout the Northern Territory of Australia, and was first declared a common
rule award of the Northern Territory on 23 March 1981.
6. Who Is Bound By the Award
6.1 This award is binding on:
[6.1.1 substituted by PR959868 ppc 07Jul05]
6.1.1 the Australian Liquor, Hospitality and Miscellaneous Workers Union;
6.1.2 the Shop, Distributive and Allied Employees' Association,
6.1.3 the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;
and their officers and members and persons eligible to be members and upon:
6.1.4 the firms, persons, companies and organisations listed in Schedule 2 - List of respondents, in
respect of their employees whether members of a union or not.
Automotive Services (Northern Territory) Award 2002 [AP818846CRN – Fed]
9
Schedule 3 - Declaration of Common Rule
[Common Rule Declared in Northern Territory by Q0334 from 16Apr98]
1. That the whole of the terms of the Automotive Services (Northern Territory) Consolidated Award
1980 shall be a common rule of the industry of:
(a) Every operation carried on within or in connection with the establishment of an employer
whose undertaking is principally concerned with the selling, distributing, repairing,
maintaining, towing, wrecking, servicing and/or parking of motor vehicles of all kinds,
caravans, trailers or the like and equipment or parts or components thereof, or the supply of
running requirements for such vehicles and the like; and
(b) Other establishments principally concerned with selling, distributing, repairing,
maintaining, towing, wrecking, servicing and/or parking of motor vehicles of all kinds,
caravans, trailers or the like and equipment or parts on components thereof, or the supply of
running requirements for such vehicles and the like to every operation therein coming within
the classifications or classes of work referred to in clause 8 of this award and
(c) Every operation concerned with the repair and servicing of motor vehicles in the
establishment of an employer not falling within paragraphs (a) and (b) hereof but who is
engaged in the motor vehicle rental business.
in the Northern Territory, and shall be binding on all employers in the classifications
for which provision is made in the said award and shall be binding on all such
employees.
2. The declaration shall not apply to:
(a) any employer in respect of an employee in Public Sector employment;
(b) any employer in respect of any employees covered by any other award or agreement made
under the Workplace Relations Act 1996;
(c) the manufacturing section of the business of employers.
3. This declaration shall operate from midnight on 16th April 1998.
Automotive Services (Northern Territory) Award 2002 [AP818846CRN – Fed]
10
Clerks (Vehicle Industry - Repair Services and Retail) Award 2003
[AP826201 – Fed]
3. Incidence of Award
3.1 This award shall apply in the State of Queensland in respect of the work of employees (as defined)
which is performed:
3.1.1 within or in connection with the establishment of an employer whose undertaking is principally
concerned with the selling, distributing, repairing, maintaining, towing, wrecking, servicing and/or
parking of motor vehicles of all kinds, caravans, trailers or the like and equipment or parts of
components thereof or the supply of running requirements of such vehicles and the like; and
3.1.2 in other establishments principally concerned with the selling, distributing, repairing,
maintaining, towing, wrecking, servicing and/or parking of motor vehicles of all kinds, caravans,
trailers or the like and equipment or parts of components thereof or the supply of running requirements
for such vehicles and the like to every operation coming within the classification or classes of work
referred to in 8.1.
3.1.3 In the establishment of an employer not falling within 3.1.1 and 3.1.2, but who is engaged in the
motor vehicle rental business.
3.2 All references to the industry or callings set out in this clause wherever expressed may be read
either alternatively or collectively in any combination whatsoever.
3.3 From the date of the coming into operation of this award any other award made under the
Workplace Relations Act 1996 which might otherwise have applied to the employers and employees
covered by this award shall be as a term and condition of this award excluded from applying to such
employers and employees.
4. Parties Bound
4.1 This award shall be binding upon:
4.1.1 Australian Municipal, Administrative, Clerical and Services Union hereinafter called the Union.
4.1.2 The Australian Industry Group (AIG), Motor Traders’ Association of New South Wales, and the
Victorian Automobile Chamber of Commerce, and on the members thereof in respect of the
employment by them of employees, whether members of the said union or not, employed on work to
which this award applies.
4.1.3 The employers set out in Schedule A - Respondents, in respect of the employment by them of
employees whether members of the said union or not employed on work to which this award applies.
4.2 Notwithstanding anything elsewhere contained in this award it shall not apply:
4.2.1 To any establishment respondent to another award of the Australian Industrial Relations
Commission which prescribes wages and working conditions for clerical employees and to which
award the Australian Municipal, Administrative, Clerical and Services Union is also respondent.
Clerks (Vehicle Industry - Repair Services and Retail) Award 2003 [AP826201 – Fed]
11
4.2.2 To an employee in a car park where the employer’s undertaking does not provide repairs and
service and/or servicing facilities of motor vehicles other than supplying petrol and oil.
12. Definitions
[12 varied by PR947931 ppc 11Jun04]
12.1 Employee shall mean an employee of an employer bound by this award engaged primarily to
perform clerical work and without limiting the generality of the aforegoing, shall include timekeeping, stenographers, switch-board attendants, typists and operators of telex machines, and key
punch machines, calculating and/or ledger keeping machines and operators of machines used to
perform or assist in performing clerical work.
Provided that it shall not include an employee who performs clerical work which is incidental to the
principal responsibilities and functions of his/her job.
…
12.6 Union shall mean the Australian Municipal, Administrative, Clerical and Services Union.
Clerks (Vehicle Industry - Repair Services and Retail) Award 2003 [AP826201 – Fed]
12
Vehicle Industry - Repair Services and Retail (State) Award
[AN120631 – NSW]
44. Area, Incidence and Duration
(a) This Award shall apply to the classes of employees referred to in clause 6, Wage Rates, and Clause
9, Junior Employees, of this award, employed in vehicle service shops (shops for the sale of motor
spirit, motor oil or vehicle accessories), motor garages and/or service stations and/or petrol service
stations within the jurisdiction of the Vehicle Industry (State) Industrial Committee.
(b) This Award rescinds and replaces the Vehicle Industry - Repair Services and Retail (State) Award
published 30 November 2001 (329 I.G. 973) and all variations thereof.
(c) It shall take effect from the first full pay period to commence on or after 29 May 2002 and shall
remain in force thereafter for a period of 12 months.
(d) The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the
Industrial Relations Commission of NSW on 28 April 1999 (310 I.G. 359) and take effect on 2 June
2005
(e) This award remains in force until varied or rescinded, the period for which it was made already
having expired.
Vehicle Industry (State) Industrial Committee Industries and Callings
Employees engaged in washing, cleaning and/or detailing and/or greasing internal combustion
propelled vehicles such as buses, cars, lorries and vans in motor garages, motor vehicle dealers, petrol
service stations, and persons employed in selling motor oils and accessories and petrol at or in motor
garages, and/or service stations, or petrol from petrol pumps, within the State, excluding the County of
Yancowinna;
excepting motor mechanics and other craftsmen and their assistants who perform any of such duties
incidentally to their general duties, and shop assistants;
and excepting also employees of:
State Rail Authority of New South Wales;
State Transit Authority of New South Wales;
The Commissioner of Motor Transport;
The Water Board;
The Hunter District Water Board;
South Maitland Railways Pty Limited;
The Electrolytic Refining and Smelting Company of Australia Proprietary Limited, Metal
Manufactures Limited, Australian Fertilisers Limited, and Austral Standard Cables Proprietary
Limited at Port Kembla;
Blue Circle Southern Cement Limited;
The Kandos Cement Company Limited;
The Council of the City of Sydney and of shire and municipal councils;
The Council of the City of Newcastle;
The Northern Rivers County Council;
Vehicle Industry - Repair Services and Retail (State) Award [AN120631 – NSW]
13
Sydney Electricity;
The Electricity Commission of New South Wales trading as Pacific Power;
The Broken Hill Proprietary Company Limited at Newcastle;
Australian Wire Industries Pty Limited at its Sydney Wiremill;
Australian Iron and Steel Proprietary Limited, within the jurisdiction of the Iron and Steel Works
Employees (Australian Iron and Steel Proprietary Limited) Industrial Committee and the Quarries
(Australian Iron and Steel Pty Limited) Industrial Committee;
Australian Wire Industries Pty Limited at its Newcastle Wiremill;
The Australian Gas Light Company;
and excepting also employees within the jurisdiction of the following Industrial Committee:
County Councils (Electricity Undertakings) Employees;
Shortland County Council;
John Lysaght (Australia) Limited Newcastle;
John Lysaght (Australia) Limited Port Kembla;
Smelting and Fertiliser Manufacturing (Sulphide Corporation Pty Limited and
Greenleaf Fertilisers Limited);
Cement Workers, &c. (State);
Breweries, &c. (State);
and excepting also:
Employees in or about metalliferous and limestone mines, in or in connection with mining for
minerals other than coal or shale, in or about diamond and gem-bearing mines, mining dredges, ore
sluicing processes, ore smelting, refining, treatment and reduction works;
All persons employed in or in connection with hospitals, mental hospitals, public charitable
institutions or ambulance work.
6. Wage Rates
(1) Adult Weekly Employees
(a) Rates - The total minimum rates of pay for adult weekly employees employed in each
classification, shall be –
(i) Level 1
For employees employed as Parking Attendants, Driveway Attendants, Car Polishers (by hand) and
Car Cleaners and/or Washers, the weekly rates of pay as set out in Table 1 - Wages - Adult Weekly
Employees, of Part B, Monetary Rates.
(ii) Level 2
For employees employed as Lubritorium Attendants, the weekly rates of pay shall be as set out in the
said Table 1.
(iii) Level 3B
For employees employed as Unqualified Automotive Parts Salespersons and as Console Operators, the
weekly rates of pay shall be as set out in the said Table 1.
(iv) Level 4
For employees employed as Qualified Automotive Parts Salespersons, being employees who have
passed an appropriate course of technical school training, the weekly rates of pay shall be as set out in
Table 1. …
Vehicle Industry - Repair Services and Retail (State) Award [AN120631 – NSW]
14
Garage and Service Station Attendants' Award - State (Excluding
South-Eastern District) 2003 [AN140129 – Qld]
1.4 Award Coverage
This Award applies to all employees in the Divisions and Districts defined in clause 1.6, engaged in:
(a)
Retail selling of petrol and/or oil;
(b)
Washing and/or cleaning and/or polishing of Motor Vehicles;
(c)
Greasing and/or changing oil of Motor Vehicles;
(d)
Sweeping up and/or cleaning and/or tidying up the employer's premises;
(e)
Changing tyres and/or tyre inflating and/or tyre patching and/or tube patching;
(f)
Wheel changing and/or lamp globe changing;
(g)
Servicing Motor Vehicles where no mechanical knowledge is required;
(h)
Car parking in service stations and/or places where a fee for same is charged;
(i)
Operating a steam or other mechanical unit for the purpose of cleaning and/or degreasing
Motor Vehicles;
(j)
Applying anti-corrosive substances to Motor Vehicles;
(k)
Towing and/or transferring Motor Vehicles to and/or between garages, service stations, used
car yards and/or like establishments.
(l)
Employees in catering services attached to or in association with petrol service station
roadhouses:
Where there is a conflict or inconsistency between the Appendix and the body of the Award, the
Appendix shall take precedence to the extent of that inconsistency or conflict.
1.6 Area of Operation
For the purposes of this Award, the Divisions and Districts are as follows:
1.6.1
Other than employees and their employers covered by the Appendix to the Award
(a)
Divisions
Northern Division - That portion of the State along or north of a line commencing at the junction of
the sea-coast with the 21st parallel of south latitude; then by that parallel of latitude due west to 147
degrees of east longitude; then by that meridian of longitude due south to 22 degrees 30 minutes of
south latitude; then by that parallel of latitude due west to the Western Border of the State.
Mackay Division - That portion of the State within the following boundaries: Commencing at the
junction of the sea-coast with the 21st parallel of south latitude; then by that parallel of latitude due
west to 147 degrees of east longitude; then by that meridian of longitude due south to 22 degrees of
Garage and Service Station Attendants' Award - State (Excluding South-Eastern District) 2003
[AN140129 – Qld]
15
south latitude; then by that parallel of latitude due east to the sea-coast; then by that sea-coast
northerly to the point of commencement.
South-Western Division - That portion of the State west of a line commencing at the junction of the
Southern Border with 147 degrees of east longitude; then by that meridian of longitude due north to 22
degrees 30 minutes of south latitude; then by that latitude due west to the Western Border of the State.
(b)
Districts
(i)
Northern Division:
Eastern District - That portion of the Northern Division along or east of 144 degrees 30 minutes of east
longitude.
Western District - The remainder of the Northern Division.
1.6.2
For employees and their employers covered by the Appendix to the Award
(a)
Divisions
Northern Division - That portion of the State north of the line commencing at the junction of the 21st
parallel of south latitude with the sea-coast; then by that parallel due west to the 147th degree of east
longitude; then by that meridian of east longitude due south to 22 degrees 30 minutes of south latitude;
then by that parallel of latitude due west to the western border of the State, including all islands north
of the 21st parallel of south latitude which are within the State of Queensland.
Mackay Division - That portion of the State within the following boundaries: Commencing at the
junction of the sea coast with the 21st parallel of south latitude; then by that parallel of latitude due
west to 147 degrees of east longitude; then by that meridian of longitude due south to 22 degrees of
south latitude; then by that parallel of latitude due east to the sea coast; then by the sea coast northerly
to the point of commencement; and including all islands situated between the 21st and 22nd parallels
of south latitude and within the State of Queensland.
Southern Division - That portion of the State not included in the Northern or Mackay Divisions and
excluding that area within the following boundaries: Commencing at Point Danger, and bounded then
by the southern boundary of the State westerly to 151 degrees of east longitude; then by that meridian
of longitude bearing true north to 24 degrees 30 minutes of south latitude; then by that parallel of
latitude bearing true east to the sea coast; and then by the sea coast southerly to the point of
commencement and all islands situated south of 24 degrees 30 minutes of south latitude and within the
State of Queensland.
(b)
Districts
(i)
Northern Division:
Eastern District - That portion of the above area along or east of 144 degrees 30 minutes of east
longitude.
Western District - That portion of the above area west of 144 degrees 30 minutes of east longitude,
including Thursday Island.
Garage and Service Station Attendants' Award - State (Excluding South-Eastern District) 2003
[AN140129 – Qld]
16
(ii)
Southern Division:
Eastern District - That portion of the Southern Division along or east of a line commencing at the
junction of the southern border of the State with 150 degrees of east longitude; then by that meridian
of longitude due north to 25 degrees of south latitude; then by that parallel of latitude due west to 147
degrees of east longitude; then by that meridian of longitude due north to the southern boundary of the
Mackay Division.
Western District - The remainder of the Southern Division.
1.7 Partial Exemptions
1.7.1 This Award in respect to wages only shall not apply to storekeepers who have not more than 2
petrol pumps or only one dual pump or to their employees. The other conditions of the Award shall
apply.
1.7.2 As to the employers named in the Schedule to this Award, the provisions of the Award are
modified in accordance with the requirements of the individual Orders listed in such Schedule.
Garage and Service Station Attendants' Award - State (Excluding South-Eastern District) 2003
[AN140129 – Qld]
17
Vehicle Industry (South Australia) Repair Service and Retail Award
[AN150167 – SA]
1.3. Scope, Persons Bound and Locality
OPDATE 23:12:97 on and from
1.3.1 This award applies throughout the State of South Australia to all persons whether employers or
employees engaged in:
1.3.1.1 every operation carried on within or in connection with the establishment of an employer
whose undertaking is principally concerned with the selling, distributing, repairing, maintaining,
towing, wrecking, servicing and/or parking of motor vehicles of all kinds, caravans, trailers or the like
and equipment or parts or components thereof or the supply of running requirements for such vehicles
and the like; and
1.3.1.2 other establishments principally concerned with the selling, distributing, repairing,
maintaining, towing, wrecking, servicing and/or parking of motor vehicles of all kinds, caravans,
trailers or the like and equipment or parts or components thereof or the supply of running requirements
for such vehicles and the like to every operation therein coming within the classifications or classes of
work referred to in Schedule 1 or determined pursuant to clause 5.9 of this award; and
1.3.1.3 every operation concerned with the repair and servicing of motor vehicles in the establishment
of an employer not falling within paragraphs 1.3.1.1 and 1.3.1.2 - but who are engaged in the motor
vehicle rental business.
1.3.2 This award is not binding on:
1.3.2.1 those persons who are for the time being subject to an enterprise agreement within the meaning
of the Act but only to the extent of any inconsistency;
1.3.2.2 persons who are covered by any other award of the Commission;
1.3.2.3 The Commissioner for Public Employment and any public service employee.
1.3.3 All references to the industry or callings set out in this clause wherever expressed may be read
either alternatively or collectively in any combination whatsoever.
Schedule 1. Classification structure
… 1.2 Skill Level Descriptors
Vehicle Industry RS&R - Employee - Level 1 R1 (Entry) …
Pre-existing Award Classifications contained within Level 1 R1
 Car cleaner/washer
 Workshop cleaner
 Car polisher - by hand
 Detailer - other
 Driveway attendant
 Office cleaner
 Parking attendant
 Process worker
 Tradesperson's assistant (see also
Level 2)
 Employee not elsewhere prescribed.
Vehicle Industry (South Australia) Repair Service and Retail Award [AN150167 – SA]
18
Vehicle Industry RS&R - Employee - Level 2 R2 …
Pre-existing Award Classifications contained within Level 2 R2
 Battery repairer
 Brake servicer - first six months
 Driver of courtesy car or vehicle in
relation to sales or sales promotion or
in the course of registration, collection
from
 or delivery to customer - vehicles up to
and including maker's capacity of 3
tonnes
 Exhaust repairer - first six months
 Grinder and/or buffer metal - using a
portable machine
 Lubritorium attendant
 Operator on warming mill
 Operator detreading, buffing, gouging
etc.
 Roadhouse attendant, when required to
cook take away meals only
 Spring service worker
 Tradesperson's assistant (see Level 1)
 Tyre fitter
Vehicle Industry RS&R - Employee - Level 3 R3 …
Pre-existing Award Classifications contained within Level 3 R3
 Assembler - accessories
 Assembler - body shop
 Detailer (as defined)
 Machinist - metal 2nd class
 Operator in charge of extruder mainly
engaged examining tyres prior to or after
repairing, retreading, recapping or
relugging
 Operator repairing and/or building up
and/or retreading and/or recapping
used:
(i) unit heaters
(ii) autoclaves
 Painter - brush and/or spray on
mechanical chassis components
 Paint shop assistant
 Polisher/Cutter using buff or wet and
dry rubber
 Record Keeper - other
 Service receptionist - not being a
tradesperson
 Steam cleaner and/or proof coater
 Wheel aligner - not being a
tradesperson but having up to 6
months experience
 Wheel builder and/or repairer - not
being a tradesperson first 6 months
experience
 Wrecker - automotive
 Storeperson - first 12 months
(i) aeroplane tyres (for re-use on
aeroplanes)
(ii) tyres other than as above
referred to
 Operator relugging earth mover and/or
grader and/or tractor tyres by hand
 Operator engaged in moulding or
curing of retreaded, rebuilt, recapped
or relugged tyres in:
Vehicle Industry RS&R - Employee - Level 4 R4 …
Pre-existing Award classifications contained within Level 4 R4
 Body maker 2nd class
 Brake Servicer - after six months
experience
 Driver of courtesy car over 3 tonnes
 Exhaust repairer - after six months
 Roadhouse attendant if engaged
primarily to cook other than take away
foods
Vehicle Industry (South Australia) Repair Service and Retail Award [AN150167 – SA]
19
 Radiator Repairer - other
 Wheel aligner - other than a
tradesperson, after six months
 Wheel builder, repairer - after six
months
 Automotive Parts Salesperson - other
 Motor vehicle and/or Agricultural
vehicle salesperson - less than six
months experience
 Salesperson - other
 Storeperson - more than 12 months
experience
 Console Operator
 Storeperson and Packer
Vehicle Industry RS&R - Employee - Level 5 R5 …
Pre-existing Award Classifications contained within Level 5 R5
 Automotive parts sales person
experienced
 Automotive servicer or checker
 Record Keeper - as defined. Radiator
repairer - 1st Class
-
Vehicle Industry RS&R - tradesperson or equivalent Level I R6 …
Pre-existing Award Classifications contained within Level 1 R6
 Automotive electrician
 Automotive engine reconditioner
 Automotive parts interpreter
 Body maker - 1st class
 Brake mechanic
 Electroplater - 1st class
 Fitter and/or turner
 Instrument mechanic - automotive
 Machinist - metal 1st class
 Motorcycle or motor scooter mechanic
 Motor mechanic
 Motor vehicle and/or Agricultural
vehicle salesperson - more than 6
months experience
 Painter
 Panel beater
 Signwriter
 Smith
 Trimmer
 Welder
 Wheel aligner
 Wheel builder and/or repairer
Vehicle Industry (South Australia) Repair Service and Retail Award [AN150167 – SA]
20
Motor Vehicle (Service Station, Sales Establishments, Rust
Prevention and Paint Protection), Industry Award No. 29 of 1980
[AN160222 – WA]
3. Scope
(1)
This award shall apply to employees employed in any of the callings classified in Clause 21. Wages hereof, whose duties, without limiting their generality, shall include any one or more of those
described in subclause (2) of this clause and who are employed by any of the respondents hereto who
are engaged in the business of motor service station operators and/or buying, selling or exchanging of
new or secondhand motor vehicles and/or application of anticorrosive and/or paint protective
substances and/or washing and polishing of motor vehicles.
(2)
The duties referred to in subclause (1) hereof are as follows:-
(a)
The retail selling of petrol or oil.
(b)
The washing, cleaning, polishing, greasing or changing of oil of motor vehicles, wheel
changing, lamp globe changing, servicing of motor vehicles (where no mechanical knowledge is
required) or tidying up of the employer's premises.
(c)
Car parking in and around the employer's premises.
(d)
Operating a steam cleaning machine or applying anticorrosive and/or paint protective
substances to motor vehicles.
4. Area
This award shall apply throughout the State of Western Australia.
Schedule B. Parties to the Award
Union Party to the Award
The Australian Workers' Union, West Australian Branch, Industrial Union of Workers
Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection), Industry
Award No. 29 of 1980 [AN160222 – WA]
21