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
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