TRANSFIELD
SERVICES (AUSTRALIA) PTY LTD (PORT KEMBLA STEELWORKS) MAINTENANCE AWARD 2001
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by The Australian Industry Group, New South Wales Branch,
industrial organisation of employers.
(No. IRC 1037 of 2002)
|
Mr Deputy President
Grayson
|
14 March
2002
|
AWARD
1. Title
This Award shall be
known as the Transfield Services (Australia) Pty Ltd (Port Kembla Steelworks) Maintenance
Award 2001.
2.
Index
Clause
No. Subject Matter
1. Title
2. Index
3. Application
and Parties Bound
4. Term
of Award
5. Objectives
of Award
6. Intent
7. Performance
Initiatives
8. Contract
of Employment
9. Wages
and Allowances
10. Working
Arrangements
11. Meal
Breaks
12. Annual
Leave
13. Public
Holidays
14. Long
Service Leave
15. Personal
Leave
16. Parental
Leave
17. Jury
Service
18. Union
Membership and Elected Delegates
19. Trade
Union Training
20. Clothing
and Personal Protective Equipment
21. Superannuation
22. Income
Protection Insurance
23. Notice
Boards
24. Employment
Security
25. Right
of Entry
26. Employee
Entitlements
27. Abandonment
of Employment
28. Blood
Donors
29. Anti-Discrimination
and Harassment
30. Duress
31. Transmission
of Business
32. Service
Fee
33. Dispute
Resolution Procedure
3.
Application and Parties Bound
This Award shall apply to Transfield Services, all its’
employees employed in the classifications set out in clause 9 of this award,
who are performing mechanical and electrical maintenance, modification,
shutdown and engineering work at BHP Port Kembla Steelworks and the unions
party to this Award.
The parties to this Award are:
Transfield Services (Australia) Pty Ltd ABN 11093 114
553;
The Electrical Trades Union (ETU);
The Australian Manufacturing Workers Union
(A.F.M.E.P.K.I.U.);
Australian Workers Union Port Kembla Branch (AWU); and
Employees of Transfield Services Australia Pty Ltd who
are members or entitled to be members of the organisations detailed above and
are engaged in classifications specified in Clause 9 of this Award.
4.
Term of Award
4.1 This award
shall take effect on and from 1 November 2001 and shall wholly displace all
other agreements and awards that would otherwise apply. This award shall remain in force until 30
June 2004.
4.2 The parties
agree to commence negotiations for an enterprise agreement three (3) months
prior to 30 June 2004.
4.3 The parties to
this award shall not pursue any extra claims as per the period nominated in
Clause 4.1. & 4.2.
5.
Objectives of Award
The objectives of this Award are to:
Enable the company to perform work in the area covered
by the Agreement in a productive, efficient and orderly way, and
Provide appropriate remuneration and conditions of
employment for employees working under the terms of the Agreement.
Encourage employees to work in a productive, efficient,
flexible and safe way in accordance with their full skill and competence to meet
the requirements of the employer and its client.
6.
Intent
The intent of this award to create an environment that
enables employees to work together in a cooperative manner.
7.
Performance Initiatives
The Parties recognise the financial performance of the
Company and their respective futures, prosperity and employment security are
inextricably linked. There are a range of issues that represent opportunities
to enhance the Company’s performance in the areas of health and safety, Company
and employee relationships, learning and development, quality, productivity,
efficiency, flexibility, cost effectiveness and achievement of contractual
Performance Targets.
7.1 Continuous
Improvement and Innovation
The Parties to this Award are committed to the
philosophy of continuous improvement and innovation through effective people
and business management. Employees will be encouraged to contribute not only
through effort but also through good ideas. We will also promote the concept of
employees challenging decisions where there maybe better ways of doing things.
7.2 Occupational
Health and Safety
This clause is to be read in conjunction with the NSW Occupational Health and Safety Act
2000.
The parties to this agreement abhor the loss of life,
sickness and disability caused at work. The parties agree to the establishment
of health and safety committees in each workplace and the recognition of rights
and training for health and safety representatives.
The parties are committed to pursuing the best means of
safeguarding and improving the working life and health of employees.
The employer may, from time to time, issue regulations
designed to increase safe working practices and conditions. On a variety of projects and sites where the
employer undertakes work and regulations and the policies and practices of the
employer are in force concerning safety restrictions, it is an express
condition of employment of all employees covered by this Award that such
regulations as are issued from time to time will be strictly observed. It is recognised by the parties to this
Agreement that failure to observe these regulations can be grounds for instant
dismissal. It shall be the duty of the
employers to ensure that each employee is made aware of the regulations in
force on the project or site on which such employee works. Employees will assist contractors in the
implementation of safety programs, which are based on continuous improvement.
7.3 Consultative
Committee
The parties agree to establish a consultative committee
to assist the parties improve productivity, efficiency and to provide for the
effective involvement of employees in the decision making process. The committee will consist of an equal
number of company and union representatives and the parties will work to set up
their own charter on establishment.
The objectives of the committee are to investigate,
determine, and make recommendations on matters including but not limited to:
(i) Introduction
of new technology
(ii) Changes to
work organisation
(iii) Expansion and
investment
(iv) Quality
(v) Productivity
improvement
(vi) new management
practices
Union representatives will have an open invitation to
participate in the committee and will have adequate time and access to the
employees they represent:
(i) prior to the
Committee meetings to prepare for agenda items
(ii) Following
Committee meetings to report back, when necessary, on issues discussed.
Committee members will be provided with all relevant
information and access to documentation and data pertaining to the subject
matter in order to assist the consultative process, except where the company is
unable to do so for privacy or confidentiality reasons.
7.4 Apprenticeships
The Company supports the philosophy of apprenticeships.
This is seen as an investment for the future. It benefits the apprentice, the
community and the business. It is the intent of the Parties to pursue the
introduction of an Apprenticeships program involving Transfield Services.
7.5 Equal
Employment Opportunity
The Parties agree to comply with and promote the
principles of equal opportunity legislation.
8.
Contract of Employment
The Parties to this Award are committed to the philosophy of
full time employment, but also recognise that to be competitive alternative
work arrangements will be required. Casual, part time and fixed term employees
will be balanced with the needs of the Business. In short term situations such
as shut downs, specialised work, and emergency work, alternative employment
arrangements will be introduced.
8.1 Nature of
Employment
Employment may be casual, part-time, full-time, or
fixed term as is specified in the formal Letter of Offer of Employment.
Employees shall perform work according to the following conditions:
By arrangement, employees shall work the ordinary
working hours according to the work roster as the business needs may require
from time to time as identified in Clause 10 of this Award.
Employees are expected to work reasonable overtime as
required by the Company in addition to the rostered ordinary working hours.
Employees must use such protective clothing and
equipment provided by the Company for specific circumstances.
Employees must comply with safety requirements of the
Company.
8.2 Types of
employment
Full Time Employment
An employee who has not been specifically employed on a
part time or casual basis shall be deemed to be employed full time. Transfield
Services shall not contract outside of this Award. In other words there will be no other forms of employment for employees
bound by this Award except for those contained within Clause 8 of this Award
(eg. no individual contracts, Australian Workplace Agreements or Prescribed
Payment Systems).
Fixed Term Employment
The introduction of fixed term employment may be agreed
between the parties to suit the circumstances of the business.
Part Time Employment
By mutual agreement between the Parties, an employee
who is employed on a part-time basis shall be offered a fixed number of hours
of not less than 12 hours in any one week period, and not more than 37.5 hours
in a one week period, as agreed and confirmed in writing at the time of
engagement or as varied by consent thereafter. A part time employee shall be
entitled to all leave benefits contained in this Award on a pro-rata basis. The
hourly rate for a part time employee shall be calculated by reference to the
applicable hourly rate contained in Clause 9 of the Award.
Casual Employment
A casual employee is one engaged for a minimum period
of one (1) day and paid as such. A
minimum of four (4) hours per day will apply where work is not available due to
reasons beyond the control of the employer. The engagement of a casual may be
terminated at any time upon one hours notice or by payment in lieu. Employees
engaged as casuals for a continuous period of six (6) weeks will be entitled to
full time employment and shall be advised in writing of such by the Company. A
casual employee shall not be employed for more than six (6) weeks continuously.
Consultation and agreement may extend this period of engagement with employee
representatives.
Casual employees working ordinary time shall be paid
1/38th of the weekly wage, prescribed in Clause 9 of the Award, for each hour
worked. A casual employee shall not be entitled to any leave, public holidays,
notice or severance benefits contained in this Agreement but shall receive in
lieu a loading of 25% of the ordinary rate of pay.
Unless there is an agreement between the parties, casual
employees will only be employed when unplanned, unexpected changes in the
workload or planned peak requirements require a short-term increase in the
number of employees.
Apprentices
Where apprentices are employed directly by the Company,
then the conditions of this Award shall apply except for remuneration, which is
specified as a percentage of the trade rate at 100%. The specific percentages
to apply are as follows:
|
First Year Apprentice
|
42%
|
|
Second Year Apprentice
|
55%
|
|
Third Year Apprentice
|
75%
|
|
Fourth Year Apprentice
|
88%
|
Where the Company employs a new 'adult employee
apprentice' (21 years of age or more), then that employee shall be remunerated at
the 85% wage rate of a trades person for the term of the apprenticeship until
overtaken by the Apprenticeship rate.
For existing adult employees who through Company
approval undertake an adult apprenticeship will be paid at their current
classification rate.
8.3 Probation
The continued employment of full time and part time new
employees (other than a casual employee) will be subject to the satisfactory
completion of eight weeks on the job probationary period. During that time,
probationary employees shall be provided with feedback on a monthly basis as
how they are performing. At the conclusion of the probationary period the
Company shall either confirm the employee's continued employment or terminate
the employment of the employee in consultation with the work team. Provided that during the probationary period
the employment of a probationary employee may be terminated by either party by
giving notice of one week.
8.4 Performance of
Duties
Transfield Services may direct an employee to carry out
such duties as are within the limits of the employee's skill, competence and
training consistent with the classification structure of this Award provided
that such duties are not designed to promote de‑skilling, and payment
will be in accordance with the classification structure.
8.5 Absence
without Pay
Any employee not attending for duty shall not be paid
for the actual time of such absence unless the absence is in accordance with
paid leave contained in this Award and has been authorised.
8.6 Termination of
Employment
8.6.2 Notice for
termination or dismissal of employment will be in accordance with the
following:
|
Period of
Continuous Service
|
Notice Period
|
|
More than 1 month but less than 1 year
|
At least 1 week
|
|
More than 1 year but no more than 3 years
|
At least 2 weeks
|
|
More than 3 years but no more than 5 years
|
At least 3 weeks
|
|
More than 5 years
|
At least 4 weeks
|
Note:
Payment in lieu of notice shall be made if the appropriate
notice period is not given. The notice
of termination required to be given by an employee shall be the same as that
required of an employer. By mutual
agreement, the parties may enter into an arrangement that suits either party
with a minimum notice period of not less than one (1) week. An employee
required to work during their notice period shall have that amount deducted
whilst not at work during the notice period as required by the Company. (Notice
period is increased by one week if an employee is over 45 years of age, subject
to having completed at least two (2) years continuous service with the
employer.
8.6.3 Redundancy
Provisions
Redundancy means when a position is surplus to the needs
of the Business, and where there is no alternative employment for the person/s
occupying that position/s. Employees who choose to terminate their employment
are not eligible for Redundancy and summary dismissal does not entitle
employees to a Redundancy payment. The following provisions shall apply:
|
|
Redundancy Pay
|
|
Period of
Continuous Service
|
Employee is under
45
|
Employee is 45
|
|
|
Years of Age
|
Years or More
|
|
Less than 1 year
|
Nil
|
Nil
|
|
At the completion of one year
|
4 weeks
|
5 weeks
|
|
At the completion of two years
|
7 weeks
|
8.75 weeks
|
|
At the completion of three years
|
10 weeks
|
12.5 weeks
|
|
At the completion of four years
|
12 weeks
|
15 weeks
|
|
At the completion of five years
|
14 weeks
|
17.5 weeks
|
|
At the completion of six years or more
|
16 weeks
|
20 weeks
|
Transfield Services has the right to dismiss an
employee without notice for gross misconduct on the employee's part, which
justifies summary dismissal.
In the event of summary dismissal, payment will be made
up to the time of dismissal only. For example, theft of company property,
violence against an employee or employer, vandalism or destruction of company
property or other such matters warranting instant dismissal
8.7 Recovery of
Monies Owed
It is agreed that in the event of an employee's
employment being terminated for any reason, any monies advanced to the employee
by Transfield Services shall be recovered by the Company from any accrued
entitlements owing to the employee and in accordance with the law.
8.8 Stand Downs
The Company is entitled to deduct payment for any day
on which an employee cannot be usefully employed through any cause which the employer
could not reasonably have prevented such as power and fuel shortages.
8.9 Facilities
Transfield Services shall provide on-site facilities
for its employees. These facilities shall be made available to all employees
and comply with all relevant policies of Transfield Services and prevailing
laws.
8.10 Transport of
Employees
It is a condition of employment that all employees
ensure they transport themselves to and from work. Employees are responsible
for getting to and from work whether by personal or public transport. An
employee without personal transport working overtime without notificati0on on
the previous day, and with no access to public transport, shall be transported
to their place of residence, or to a place where public transport is available.
9.
Wages and Allowances
9.1 An employee's
remuneration shall be as provided for in this Award and notified to prospective
employees in the Letter of Offer of Employment and the Acceptance of
Appointment form or as varied from time to time.
9.2 The following
wage rates will be paid (for the performance of a 38-hour week) for the
respective classifications from the first pay period commencing on or after the
specified date.
9.2.1 Classification
Structure - Maintenance Worker (MW)
|
Classification
|
1 November
|
30 April
|
31 October
|
31 October
|
|
|
2001
|
2002
|
2002
|
2003
|
|
|
$
|
$
|
$
|
$
|
|
MW 1
|
685.00
|
698.70
|
726.65
|
755.70
|
|
MW 2
|
725.00
|
739.50
|
769.10
|
799.85
|
|
MW 3
|
764.00
|
779.30
|
810.45
|
842.90
|
|
MW 4
|
808.00
|
824.15
|
857.15
|
891.45
|
|
MW 5
|
843.00
|
859.85
|
894.25
|
930.00
|
|
MW 6
|
878.00
|
895.55
|
931.40
|
968.60
|
|
Note: The above
rates are inclusive of all allowances, except a $40.00* per week licence fee
for Licensed
|
|
Electrician,
Leading Hand Allowance (subclause 9.3), Meal Allowance (subclause 11.3),
Dirty Work
|
|
Allowance
(subclause 9.2.4), Confined Space Allowance (subclause 9.2.3), and a First
Aid Allowance as
|
|
specified in
(subclause (9.2.2)
|
The license
allowance is set at $40.00 to reflect a pre-existing trade relativity on site
for maintenance activities. This is an
all purpose allowance that will be amended in line with the percentage wage
increases as listed above.
In addition to
the rates above a performance based payment bonus system, up to 3% flat payment
(not for all purposes) for ordinary hours worked. This payment will be made on a quarterly basis.
The
performance based payment system will be determined by Key Performance Indicators
consistent with the Transfield Services - BHPS Maintenance Alliance Commercial
Contract.
9.2.2 First Aid Allowance
An employee who is appointed by the Company to render first
aid, and holds a current recognised and accredited first aid certificate shall
be paid an allowance of $9.80 per week.
9.2.3 Confined Space Allowance
A confined space allowance of 51c per hour will be paid
in the following manner. A
"Confined Space", means a compartment, space or a place the
dimensions of which necessitate an employee working in a stooped or otherwise
cramped position or without proper ventilation and subject thereto includes
such a space:
(a) In the case of
locomotives inside the barrels of boilers, fire boxes, water spaces of tenders,
side tanks, bunker tanks, saddle tanks or smoke boxes
(b) In other cases
inside boilers, steam drums, mud drums, fire boxes or vertical or road vehicle
boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, super
heaters or economisers.
9.2.4 Dirty Work,
Heat Money and Powerhouse Allowance
Employees engaged in an unusually dirty or offensive
capacity will be paid 34c per hour. For
this allowance to apply the parties will finalise a document under which this
allowance will apply having regard to previous site application.
Heat money will apply when work is performed in places
where the temperature is raised by artificial means above 49 degrees Celsius.
Employees whilst so engaged on work will receive an additional amount of 34
cents per hour. This provision will apply consistent with previous site
application.
Employees working and carrying out repairs or
maintenance in rotary converter and/or static substations which are in regular
operation will be paid a Powerhouse Allowance for all hours worked of 54 cents
per hour for trade level and above and 27cents per hour for all others.
9.2.5 All Other Allowances
The rates of pay as per the Classification Structure
are inclusive of all other allowances except for the Electrical Licence
(subclause 9.2.1), First Aid Allowance (Clause 9.2.2), Confined Space
Allowance, Dirty Work Allowance and Leading Hand Allowance (Clause 9 3). The
rates of pay (subclause 9.2.1) includes but is not limited to the following
allowances:
Supplementary Payment
Special Allowance
Industry Allowance
AIS Allowance
Tool Allowance
9.2.6 Classification
Descriptions
The following classification structure is to be applied
to employees for skills acquired and utilized.
Maintenance Worker 1 (MW1)
This band includes Trade Assistants and other Non-Trade
employees such as Forklift Drivers and Dogmen.
Maintenance Worker 2 (MW2)
This band includes Non Trades employees such as but not
limited to:
Certified Riggers/Scaffolders
Crane Drivers (9t <15t, 16t <40t)
Beltmen
Maintenance Worker 3 (MW3) - 100%
This is the entry band for trades employees such as but
not limited to:
Electrician
Boilermaker
Fitter
Welder (All Certificates)
Machinist
Maintenance Worker 4 (MW4) - 105%
MW4 applies to skills acquired and utilized on the job.
(i) three
appropriate modules in addition to the training requirements of MW3 level or;
(ii) three
appropriate modules towards an Advanced Certificate; or
(iii) three
appropriate modules towards an Associate Diploma; or
(iv) any training
which a registered provider (eg TAFE) or by a State Training Authority has been
recognised as equivalent to an accredited course which the appropriate industry
board recognises for this level. This
can include advanced standing through recognition of prior learning and/or
overseas qualifications; or
(v) will have
skills equivalent to the above gained through work experience subject to
competency testing to the prescribed standards.
The following indicative tasks apply to a Tradesperson
at Level MW4.
1. Exercise the
skills attained through completion of the training/work experience prescribed
for this classification;
2. Exercises discretion
within the scope of this grade;
3. Works under
limited supervision either individually or in a team environment;
4. Understands
and implements quality control techniques;
5. Provides trade
guidance and assistance as part of a work team;
6. Exercise trade
skills relevant to the specific requirements of the enterprise at a level
higher than Engineering Construction Tradesperson Level 1.
Maintenance Worker 5 (MW5) - 110%
MW5 applies to skills acquired and utilized on the job.
(i) six appropriate
modules in addition to the training requirements of MW3; or
(ii) six
appropriate modules towards an Advanced Certificate; or
(iii) six
appropriate modules towards and Associate Diploma; or
(iv) any training
which a registered provider (eg TAFE) or by State Training Authority has been
recognised as equivalent to an accredited course which the appropriate industry
training board recognises for this level.
This can include advanced standing through recognition of prior learning
and/or overseas qualifications; or
(v) will have
skills equivalent to the above gained through work experience subject to
competence testing to the prescribed standards.
1. Exercise of
skills attained through completion of the training/work experience prescribed
for this classification;
2. Provides
trade guidance and assistance as part of a work team;
3. Assists in
the provision of training in conjunction with supervisors and trainers;
4. Understands
and implements quality control techniques;
5. Works under limited
supervision either individually or in a team environment;
6. Interact with
work groups to ensure job completion to target quality workmanship and guidance
for others.
Exercises precision trade skills using various
materials and/or specialised techniques;
Performs operations on a CAD/CAM terminal in the
performance of routine modifications to the NC/CNC programs;
Installs, repairs and maintains, tests, modifies,
commissions and/or fault finds on complex machinery and equipment which
utilises hydraulic and/or pneumatic principles and in the course of such work,
is required to read and understand hydraulic and pneumatic circuitry which
controls fluid power systems;
Works on complex or intricate circuitry which involves
examining, diagnosing and modifying systems comprising inter-connected
circuits;
Maintenance Worker 6 (MW6) -115%
MW 6 applies to skills acquired and utilized on the
job.
(i) nine
appropriate modules in addition to the training requirements of MW3; or
(ii) nine
appropriate modules towards an Advanced Certificate; or
(iii) nine
appropriate modules towards and Associate Diploma; or
(iv) any training
which a registered provider (eg TAFE) or by State Training Authority has been
recognised as equivalent to an accredited course which the appropriate industry
training board recognises for this level.
This can include advanced standing through recognition of prior learning
and/or overseas qualifications; or
(v) will have
skills equivalent to the above gained through work experience subject to
competence testing to the prescribed standards.
1. Exercise the
skills attained through completion of the training/work experience prescribed
for this classification;
2. Exercise
discretion within their level of training;
3. Is able to provide
trade guidance and assistance as part of a work team;
4. Provides
training in conjunction with supervisors and trainers;
5. Understands
and implements quality control techniques;
6. Works under
limited supervision either individually or in a team environment;
7. Can schedule
and coordinate maintenance work for teams including down day programme
development and execution for a maintenance task team.
Exercise high Precision Trade Skills using various
materials and/or specialised techniques;
Works on machines or equipment which utilise complex
mechanic or hydraulic and/or pneumatic circuitry and controls or a combination
thereof;
Works on machinery or equipment which utilise complex
electrical/electronic circuitry and controls;
Works on instruments which make up complex control
system which utilises some combination of electrical/electronic mechanical or
fluid power principles;
Applies advanced computer numerical control techniques
in machining or cutting or welding or fabrication;
Exercise intermediate CAD/CAM skills in the performance
of routine modification to programs;
Working on complex or intricate interconnected
electrical circuits at a level above MW5;
Working on complex radio/communication equipment.
9.3 A Leading Hand
rate (flat) shall be paid as follows:
The following payment is an allowance only paid whilst
an employee has been selected as a Leading Hand.
|
Leading Hand
|
$39.90 per week
|
|
Relief Leading Hand
|
$8.40 per shift
|
Leading Hands whilst in the role shall have the Leading
Hand rate recognised on a pro‑rata basis when calculating service
entitlements.
9.4 Mixed
Functions
An employee engaged for more than two (2) hours on any
day or shift carrying a higher rate than their classification shall be paid the
higher rate for such day or shift. If engaged for two (2) hours or less during
one day or shift the higher rate shall be paid for actual time worked.
9.5 Payment of
Wages
All earnings shall be paid to employees by electronic
transfer on a weekly or fortnightly basis into a bank account or other
financial institution nominated by the employee.
Details of payment to employees on pay slips shall
contain the following information:
Name of employee
Classification of the employee and reference number
Date of payment (including period of payment)
Classification rate (hourly)
Hours of work (normal and overtime)
Allowances
Deductions (such as union, salary sacrifice)
Annual Leave balance of hours
Special Payments (such as Annual Leave Payment)
Long Service Leave payments
9.6 Payment on
Termination
Upon termination of employment, wages due to an
employee shall be paid on the day of such termination, or forwarded to them by
post or electronic fund transfer on the next working day.
9.7 Waiting Time
An employee kept waiting for his/her wages on site on
pay day, for other than circumstances beyond the control of the employer, for more
than a quarter of an hour after the usual time of ceasing work shall be paid
overtime rates after that quarter hour with a minimum of a quarter per hour
payment.
10. Working Arrangements
10.1 Hours of work
The ordinary hours of work shall be 38 hours per week
which will generally be worked in 8.0 hour days between 0600 (6.00 am) and 1800
(6:00pm) hours, Monday to Friday. The ordinary hours of work may also be worked
in other configurations as mutually agreed between the employees concerned and
Transfield Services subject to work patterns meeting the Company's operational
requirements and the needs of the business.
Where there is a need to vary the pattern of working
the ordinary hours of work, the Company and the work team shall consult on the
variation. Failing agreement, the Company shall give that work team and/or
individual employees concerned two day's (48 hours) notice of the variation.
By agreement between the parties, hours may be varied
either way by one hour.
10.1.1 Extensive Hours
of Work
The Parties recognise that long working days on a
regular basis may not be conducive to a safe, healthy and productive work
environment. Where hours on any day worked exceed twelve consecutive hours they
shall be subject to:
Working within the Occupational Health and Safety
Guidelines of the ACTU Code of Conduct regarding twelve (12) hour shifts
Proper health monitoring procedures being adopted
Suitable roster arrangements
Effective support from management
10.1.2 Daylight Saving
When daylight saving comes into effect or is
discontinued, employees shall be paid by the time of the clock at the
commencement and conclusion of their shifts. Night shift employees who are at
work when the clocks are altered will either work one hour longer for no additional
pay or one hour less for the same pay.
10.2 Shift Work
"Shift Work" means shift work scheduled for
five consecutive workdays or more, Monday to Friday inclusive.
The Company through consultation with work teams can direct
employees to work shift work as required, and the employees shall work the
shift work as directed. The time of commencing and finishing shifts once having
been determined may be varied by agreement between the Company and the majority
of employees concerned to suit the business or, in the absence of agreement, by
48 hours notice of alteration given by the Company to the employees.
Where shifts fall partly on separate days, the day that
has the major portion of the shift shall be recognised.
Where shifts fall partly on a holiday, the shift that
has the major portion falling on the public holiday shall be regarded as the
holiday shift.
10.2.1 Afternoon Shift
"Afternoon" Shift means any shift finishing
after 6.00pm and at or before midnight. Employees working on afternoon shift
shall be paid a loading of 50% calculated on the employee’s base rate of pay
for ordinary hours only.
10.2.2 Night Shift
"Night Shift" means any shift finishing
subsequent to midnight and or before 8.00am. Employees working on night shift
shall be paid a loading of 50% calculated on the employee's base rate of pay
for ordinary hours only.
Provided that, where the employer and the majority of
employees concerned agree, a roster system may operate on the basis that the
weekly average of 38 ordinary hours is achieved over a period which exceeds 28
consecutive days.
10.2.3 Rostered Shift
A "Rostered Shift" means a shift of which the
employee concerned has had at least 48 hours notice, or has otherwise agreed to
work.
10.2.4 Shift Rosters
Shift rosters shall specify the commencing and
finishing times of ordinary hours of the respective shifts. Where shifts are
broken penalties shall be applied as per overtime entitlements.
10.2.5 Broken Shift
An employee who works on broken shift which does not
continue for at least five (5) successive shifts, hours shall be paid for each
shift 50% for the first two hours and 100% for the remaining hours.
10.3 Rotating
Permanent Shift Work
The Parties will discuss, and by mutual agreement shall
develop a criteria and set of conditions for the introduction seven day
Rotating Permanent Shift Work.
10.4 Rostered Break
Between Shifts
When overtime is worked it shall, where ever reasonably
practicable, be so arranged that a employee has at least ten consecutive hours
off duty between the work of successive days.
An employee (other than casual employees) who works so much overtime
between the completion of the ordinary hours worked on any day and the commencement
of ordinary hours on the next day that the employee has not had at least ten
consecutive hours off duty between those times shall, subject to this
sub-clause, be released after completion of such overtime and not required to
recommence work until the employee has had ten consecutive hours off duty
without loss of pay for ordinary working time rostered during such absences.
If on instructions by the Company, an employee resumes
or continues to work without having had ten (10) consecutive hours off duty,
the employee shall be paid at double time until the employee is released from
duty for such period and the employee shall then be entitled to be absent until
the employee has had ten (10) consecutive hours off duty without loss of pay
for ordinary hours during such absences.
10.5 Overtime
Work performed outside of ordinary hours shall be
deemed to be overtime and paid (excluding shift work) as follows:
Monday to Friday - time and a half for the first two
hours and double time thereafter
Saturday - time and a half for the first two hours and
double time thereafter. Any hours worked after 12 noon on Saturday will be paid
at double time.
Sunday - at double time.
Public Holidays - at double time and a half.
The penalties mentioned above shall be applied to 1/38th
of the base weekly rates as defined in Clause 9.
10.5.1 Shift Workers - Payment for Saturday, Sunday,
Public Holidays and Overtime
A shift employee working on a Saturday, Sunday, public
holiday or on overtime will be paid as follows:
Saturday work - time and a half
Sunday work - double time
Public Holiday work - double time and a half
Overtime worked other than Sundays or public holidays -
time and a half for first two hours and double time thereafter
10.6 Rostered Days
Off (RDO)
The ordinary hours of work shall be rostered to provide
employees with one Rostered Day Off per month (normally the fourth Friday in a
four week cycle).
The RDO's may be scheduled as mutually agreed between
the employee and the Area Manager to suit the need of the business. The RDO's
may also be taken on alternative days by individual agreement for
personal/operational needs. If agreement cannot be reached employees may be
directed to use any day/s of accumulated RDO, provided 48 hours notice is given
to the employee.
RDO's may be accrued to a maximum of five days unless
previously agreed with the Area Manager.
Where an RDO falls on a Public Holiday the next working
day shall be taken as the RDO or may be taken as mutually agreed between the
employee and the Company.
10.7 Call Back
Where an employee is recalled to work after leaving the
workplace the following shall apply:
(a) The employee
shall be paid for a minimum of four hours at the rate of time and half for the first
two hours and double time thereafter (or double-time for the full period for
continuous shift workers). (Weekend call out will be paid at the relevant
overtime rate). There are number of conditions which apply to this provision:
If the employee is recalled on more than one occasion
between the termination of their ordinary work on one day and commencement of
their ordinary hours on the next ordinary working day, the employee shall be
entitled to the four hours minimum overtime payment. However, in such
circumstances it is only the time which is actually worked during previous call
or calls which is to be taken into account when determining the rate for
subsequent calls.
The employee will not be required to work the full four
hours if the job in question is completed within a shorter period.
Overtime worked in this clause is not to be regarded as
overtime for the purpose of 10.4, rest periods after overtime, when the actual
time worked is less than three hours on the call back or each subsequent call back.
10.8 Stand By
Where an employee is requested by the Company to
regularly hold himself/herself in readiness to work after ordinary hours, the
employee is to be paid standing by time at the employee's rate of pay for the
time he/she is standing by.
Where an employee is called in to work without prior
notification of having to stand by in readiness to work after ordinary hours, a
stand by payment shall not be made. Payment shall be as per Clause 10.7 (Call
Back).
11.
Meal Breaks
11.1 A minimum 30 minute
unpaid meal break shall be taken at a time convenient to the operations and the
business, as near as practicable to the middle of the day or shift,
respectively. Employees shall be
entitled to a paid ten minute morning break each weekday.
11.2 Employees shall
be paid at overtime rates for all time worked in excess of five hours without
commencing an uninterrupted meal break or crib break due to the requirements of
the employer.
11.3 Employees
required to work more than a 10-hour shift shall be entitled to a 20 minute
crib break and to a further crib break in respect of each completed four hours
of overtime after the initial eight hours (exclusive of the crib break), if
they are to continue work after such four hours. Employees not notified the previous day shall be paid $8.00 (meal
allowance) to purchase each meal at crib time.
11.4 Employees
required to work overtime not continuous with ordinary hours shall be entitled
to a crib break in respect of each completed four hours of overtime (exclusive
of crib break) if they are to continue after such four hours.
11.5 Employees who
agree not to take a crib break to which they are entitled but continue to work
instead, shall be paid equivalent to the period of crib time in addition to the
time worked.
11.6 The crib break
referred to herein may be taken in relays so as not to have a significant
impact on operations and so long as they do not exceed 20 minutes in duration
and shall be paid at ordinary time rates for the first crib and without
deduction of pay thereafter.
11.7 If an employee
has provided a meal or meals on the basis that he or she has been given notice
to work overtime and the employee is not required to work overtime, the
employee shall be paid the prescribed meal allowance if the meal has become
spoilt/surplus.
12. Annual Leave
The provisions of the NSW
Annual Leave Act 1944 shall apply.
13. Public Holidays
The following days shall be prescribed public holidays for the
purposes of this Award where days are gazetted by the NSW Government as
substitution or in addition to the following days those days shall apply: New
Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queens Birthday, Labour Day, Christmas Day, Boxing Day, and employees will
be entitled to a picnic day on a day agreed by the parties.
14. Long Service Leave
The provisions of the NSW
Long Service Leave Act 1955 shall apply.
15.
Personal Leave
15.1 Amount of Paid
Personal Leave
15.1.1 Paid personal
leave is available to an employee when they are absent:
due to personal illness or injury (sick leave)
for the purposes of caring for an immediate family or
household member who is sick and requires the employee’s care and support
(carer’s leave)
for bereavement on the death of an immediate family or
household member (bereavement leave).
15.1.2 The amount of
personal leave to which an employee is entitled depends on how long they have
worked for the employer and accrues as follows:
|
(i)
|
Length of time worked for the employer
|
Personal Leave
(Hours)
|
|
|
Less than 12 months
|
54
|
|
|
1 year to 5 years
|
76.8
|
|
|
5 years or more
|
92
|
(ii) Provided that
an employee who normally works 8 or more hours a day so as to provide a
rostered day(s) off in a work cycle is entitled to the following amount of
personal leave:
|
Length of time
worked for the employer
|
Personal Leave
(Hours)
|
|
Less than 12 months
|
56
|
|
12 months to 5 years
|
80
|
|
5 years or more
|
96
|
15.2 Accumulation of
Personal Leave
15.2.1 First Year of
Employment
At the end of the first year of employment, unused
personal leave accrues by the lessor of:
38 hours (or 40 hours if the employee normally works 8
or more hours in a day) less the amount of sick leave and carer’s leave taken
during the year;
or the balance of the year’s unused personal leave.
15.2.2 Second and
Subsequent Years of Employment
At the end of the second and subsequent years of
employment, unused personal leave accrues by the lesser of:
60.8 hours moving to 76 hours after five years (or 64
hours, moving to 80 hours after 5 years, if the employee normally works 8 or more
hours in a day) less the amount of sick leave and carer’s leave taken;
or the balance of the year’s unused personal leave.
15.2.3 Maximum Amount
of Accumulated Personal Leave
Personal leave may accumulate to a maximum of 729.6
hours (or 768 hours if the employee normally works 8 or more hours a day).
15.3
(1) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in section (ii) of subparagraph (c) of this paragraph who needs
the employee's care and support shall be entitled to use, in accordance with
this subclause, any current or accrued sick leave entitlement provided for in
this clause for absences to provide care and support for such persons when they
are ill. Such leave may be taken for part of a single day.
(b) In normal
circumstances, an employee must not take carer's leave under this subclause
where another person has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex partner
who lives with the employee as the de facto partner of that employee on a bona
fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(2) Annual Leave -
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single-day periods or part thereof in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in subparagraph (a) of this paragraph, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
(3) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with subparagraph (a) of this
paragraph, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said subparagraph (a), the employee
shall be paid overtime rates in accordance with the award.
(4) Make-up Time -
(a) An employee
may elect, with the consent of the employer, to work "make-up time", under
which the employee takes time off ordinary hours and works those hours at a
later time during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time) at the shift work rate which would have been
applicable to the hours taken off.
(5) Rostered Days
Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This paragraph
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility and providing a
reasonable opportunity for the union(s) to participate in negotiations.
15.4 Sick Leave
15.4.1 Entitlement
The amount of personal leave an employee may take as
sick leave depends on how long they have worked for the employer and accrues as
set out in the following tables.
Accumulated Personal Leave may be used for sick leave
if the current sick leave entitlement is exhausted.
15.4.2 The Effect of
Workers’ Compensation
If an employee is receiving workers’ compensation
payments, they are not entitled to sick leave.
15.4.3 Employee must
give notice
The employee must, as soon as reasonably practicable
and during the ordinary hours of the first day or shift of such absence, inform
the employer of their inability to attend for duty and as far as practicable
state the nature of the injury or illness and the estimated duration of the
absence.
If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day of such absence, the
employee will inform the employer within 24 hours of such absence.
15.4.4 Evidence
Supporting Claim
The employee must, if required by the employer,
establish by production of a medical certificate or statutory declaration, that
the employee was unable to work because of injury or personal illness.
15.4.5 Single Day
Absences
An employee who has already had two paid sick leave
absences in the year, the duration of each absence being of one day only, is
not entitled to further paid sick leave in that year of a duration of one day
only, without production to the employer of a certificate of a qualified
medical practitioner which states that the employee was unable to attend for
duty on account of personal illness or injury.
An employer may agree to accept a Statutory Declaration
in lieu of the required medical certificate.
Nothing in this subparagraph limits the employer’s
right under 15.4.4.
15.4.6 Broken Services
If an employee is terminated by their employer and is
re-engaged by the same employer within a period of six months, other than a
casual basis, then the employee’s unclaimed balance of sick leave shall
continue from the date of re-engagement.
15.5 Bereavement
Leave
15.5.1 Paid Leave
Entitlement
(a) An employee,
other than a casual employee, shall be entitled to use up to 16 hours personal leave
as bereavement leave without deduction of pay on each occasion of the death of
a person prescribed in subparagraph (c) of this paragraph.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 15.3 (1), (c), (ii),
provided that for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
(d) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(e) Bereavement
leave may be taken in conjunction with other leave available under 15.3 (2),
(3), (4) and (5) of this clause. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
15.5.2 Part time
Employees
A part time employee is entitled to take two days, up
to a maximum of 16 hours bereavement leave on the same basis as prescribed for
full time employees except that leave is only available where a part time
employee would normally work on either or both of the two working days
following the death.
15.5.3 Unpaid
Bereavement Leave
Where an employee has exhausted all personal leave
entitlements, including accumulated leave entitlements, they are entitled to
take unpaid bereavement leave. The employer and employee should agree on the
length of the unpaid leave. In the
absence of agreement, a full time employee is entitled to take up to 16 hours
unpaid leave, provided the requirements are met, and a part time employee is
entitled to take up to two days unpaid leave, to a maximum of 16 hours,
provided the requirements of clause 1.5.5.1 are met.
15.6 Carer’s Leave
15.6.1 Paid Leave
Entitlement
An employee is entitled to use up to 40 hours personal
leave each year to care for members of their immediate family or household who
are sick and require care and support.
This entitlement is subject to the employee being responsible for the
care and support of the person concerned.
In normal circumstances an employee is not entitled to take carer’s
leave where another person has taken leave to care for the same person.
15.6.2 Notice Required
(i) When taking
carer’s leave the employee must, as soon as reasonably practicable and during
the ordinary hours of the first day or shift of such absence, inform the
employer of their inability to attend for duty. If it is not reasonably possible to inform the employer during the
ordinary hours of the first day or shift of such absence, the employee will
inform the employer within 24 hours of such absence.
(ii) The notice
must include:
the name of the person requiring care and support and
their relationship to the employee;
the reasons for taking such leave; and
the estimated length of absence.
(iii) The employee
must, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned and that such
illness requires care by another.
15.6.3 Unpaid Carer’s
Leave
An employee may take unpaid carer’s leave by agreement
with the employer.
Rationale and Structure of the Personal leave Provisions
|
First Year of
Employment
|
|
Amount of Leave
|
|
5 days sick leave
|
38 hours (ie 5 days x 7.6 hours)
|
or 40 hours (ie 5 days x 8
|
|
|
where a 7.6 hour day is worked
|
hours or more are worked per day)
|
|
Plus 2 days
|
16 hours
|
16 hours
|
|
Bereavement Leave
|
|
|
|
Total 7 days
|
54 hours
|
or 56 hours
|
|
Personal leave
|
Where a 7.6 hour day is worked
|
where 8 hours or more are worked
|
|
|
|
per day
|
|
Limits on the
Various Types of
|
|
Personal Leave
|
|
Maximum amount of
|
54 hours or 56 hours
|
|
Personal leave
|
(depending upon the hours of work arrangements in place)
|
|
Maximum amount of
|
38 hours or 40 hours
|
|
Sick leave
|
(depending upon the hours if work arrangements in place)
|
|
Maximum amount of
|
40 hours
|
|
Carer’s leave
|
|
|
Maximum amount of
|
16 hours per occasion
|
|
Bereavement leave
|
|
|
Second &
Subsequent Years of Employment
|
|
Amount of Leave
|
|
8 days sick leave moving
|
60.8 hours (ie 8 days x 7.6 hours),
|
or 64 hours (ie 8 days x 8 day),
|
|
to 10 days
|
where a 7.6 hour day is worked
|
hours or more are worked per
|
|
|
moving to 76 hours after five years
|
moving to 80 hours after five
|
|
|
|
years
|
|
Plus 2 days
|
16 hours
|
16 hours
|
|
Bereavement Leave
|
|
|
|
Total 10 days
|
76.8 hours
|
or 80 hours
|
|
Personal leave
|
Where a 7.6 hour day is worked
|
where 8 hours or more are
|
|
|
|
worked per day
|
|
Limits on the Various Types of
|
|
Personal Leave
|
|
Maximum amount of
|
76.8 hours or 80
hours
|
|
Personal leave
|
(depending upon the
hours of work arrangements in place)
|
|
Maximum amount of
|
60.8 hours or 64
hours moving to 76 or 80 hours after five years
|
|
Sick leave
|
(depending upon the
hours if work arrangements in place)
|
|
Maximum amount of
|
40 hours
|
|
Carer’s leave
|
|
|
Maximum amount of
|
hours per occasion
|
|
Bereavement leave
|
|
16. Parental Leave
Provisions of the NSW
Industrial Relations Act 1996 will apply.
17.
Jury Service
An employee required to attend for jury service during ordinary
working hours shall be reimbursed by the Company an amount equal to the
difference between the amount paid in respect of their attendance for such jury
service and the amount paid in respect of ordinary time the employee would have
worked had the employee not been on jury service.
18. Union Membership and Elected Delegates
18.1 Transfield
Service shall support the union parties to this Agreement by way of providing
union membership information and providing for payroll deductions of union dues
as authorised by employees.
18.2 Accredited
Union Delegate
An employee appointed Union Delegate/s (Shop Steward)
shall, upon official notification to Transfield Services, be recognised as the
accredited representative of the Union to which they belong. An accredited
Union Delegate shall be allowed necessary time during working hours to
interview a representative of Transfield Services on matters affecting
employees they represent.
19. Trade Union Training
Union Delegate (Shop Steward) nominated by their Union to
attend a union sponsored training course will be granted up to five days leave
(per annum) of absence without loss of earnings provided that:
Transfield Services receives at least two weeks notice
of the nomination from the Union setting out times, dates, content and venue
for the course.
The employee concerned can be released from duty by
Transfield Services for the period of the course, without affecting normal
operations.
Further Leave may be granted subject to agreement
between the Parties. The accredited delegate will be entitled to paid leave to
attend Industrial Relations Commission hearings.
20. Clothing and Personal Protective Equipment
20.1 It is a
requirement that employees wear authorised Transfield Services issued clothing/uniform,
and appropriate personal protective equipment including steel capped boots.
20.2 On engagement
full time employees shall be issued with one pair of safety boots, four shirts,
four trousers and one jacket
20.3 On an annual
basis after twelve months continuous service, full time employees shall be
entitled to one pair of safety boots, two shirts, two trousers. Boots will be
provided earlier by demonstrated fair wear and tear.
20.4 One winter
jacket (For employment in the period 1 May - 1 September) will be provided
every two years to employees. Where possible the jacket will be manufactured in
Australia.
20.5 Employees who
leave within the probationary period (8 weeks), shall reimburse the Company for
clothing and personal protective equipment as per the letter of 'offer for
employment'.
20.6 Clothing and
footwear provided by Transfield Services shall be replaced by the Company on a
fair wear and tear basis after approval from the appropriate Supervisor/Team
Leader.
20.7 It is a condition
of employment that clothing/uniforms provided by the Company to employees shall
be worn at all times during working hours. Employees failing to comply with
this requirement will be managed through a counselling and disciplinary
process.
20.8 Records of type
of clothing issued to employees will be recorded by the Company.
21. Superannuation
21.1 Transfield
Services shall contribute the statutory employer superannuation contribution to
C Bus, NESS or other agreed and approved superannuation fund that complies with
the Superannuation Guarantee Charge Act and Regulations on behalf of each
eligible employee as defined in the regulations on a monthly basis.
21.2 The level of
contributions will be in accordance with the levels prescribed by the act and
varied from time to time.
21.3 Employees may
voluntarily elect to contribute a proportion of their wages on a salary
sacrifice basis to their nominated superannuation fund. To do so an employee is
required to notify Transfield Services in writing and Transfield Services will
deduct the authorised amount from the employee's pay and remit it to their
superannuation fund.
22. Income Protection Insurance
Permanent employees of Transfield Services engaged pursuant
to this Agreement shall be provided with income Protection insurance under the
following terms and conditions:
A qualifying period of 14 days.
The insurance cover benefits payable will be applied
for a maximum period of two years.
Transfield Services will contribute up to 1% of an employee's
gross earnings to an income insurance plan, subject to the following:
(i) In the event
that the claims experience requires a review of the insurance plan, the
adjustment will be to the plan and not the Company's insurance premium.
(ii) People
accessing the insurance plan will agree to participate in the rehabilitation
program, which includes assessment by the Company's nominated medical services
provider and acceptance of that assessment.
23. Notice Boards
Transfield Services shall provide notice boards of
reasonable dimensions to be located in prominent positions at the site upon
which accredited Union Representatives shall be permitted to post formal union
notices signed or countersigned by the representative posting them.
Any notice posted on a board not so signed or countersigned
may be removed by an accredited representative or Transfield Services.
24. Employment Security
Security of Employment is important for improving working
relationships, trust and co-operating with change. We do not want an
environment where everyone is working in fear of losing their employment. We
want an environment where people focus on doing jobs safely and well,
implementing improvement actions, adapting swiftly to change and caring for the
business. Real employment security will only be achieved by successful business
performance. Working together in implementing change and improvement will
maximise security for everyone.
It is not the Company’s intention to have any forced
retrenchments during the life of this agreement.
While workplace change, new technologies and changes in
operations will be ongoing, every opportunity will be taken to effect changes
through voluntary means and natural attrition.
The parties agree that any changes in the area of employment
shall be handled in the following manner:
1. Employees
shall be offered other available positions where possible.
2. An employee’s
skills shall be further developed to improve flexibility.
3. Employee numbers
shall be reduced if required by natural attrition.
4. Voluntary
Retirement Schemes shall be used in preference to forced redundancies.
If the above steps do not resolve the situation, the Company
shall enter into further discussions with the Union with a view of resolving
the situation to the satisfaction of both parties.
Provided further that this clause will not apply to
situations of loss or substantial change to contract scope.
25. Right of Entry
An Officer of the union shall have the right to enter in
accordance with the NSW Industrial
Relations Act 1996 as the Act stands at the date of certification of this
Award.
26. Employee Entitlements
Security of Employee Entitlements
1. The parties
to this Award are committed to ensure that all the entitlements accruing to
employees are secure.
2. The parties
note that certain legislative mechanisms are in place and additional laws are
proposed to guarantee employee entitlements in the event that any employer
fails to meet these payments.
3. At the time
of making this Award the relevant laws are not finalised. It is anticipated
that this will occur within 6 months of commencement of this Award. Employment
of previously employed BHP employees by Transfield Services is expected to
commence on 26 November 2001. Prospective employees have sought assurances as
to their entitlements that will accrue prior to the introduction of the
relevant legislation.
4. Transfield
Services has made available to the unions written advice from its Auditors
confirming its financial status and its compliance with making adequate
provision for employee entitlements. The company will also continue to provide
the audited Financial Statements which confirms the adequacy of provision for
employee entitlements.
5. In order to
provide even further confidence and assurance to the employees of BHP whom have
expressed interest in becoming employees of Transfield Services, the company
agrees that it will now put in place on an interim basis a bank guarantee or
similarly secure arrangement that protects the relevant employee entitlements
that accrue under this Award. This
arrangement shall be in place prior to the first pay date after 26 November
2001 and will remain in place for a period of six months or until the earlier
commencement of the relevant legislation.
6. This clause
is made in recognition of the particular terms under which a final settlement
facilitating the establishment of the maintenance services alliance has been
made and will not be used by either party as a precedent given the arrangements
pertaining thereto.
7. Transfield
Services will, immediately upon written agreement to this Award by all parties,
make arrangements with the unions to implement the provisions of sub-clause
5.
27. Abandonment of Employment
An employee absent from work for a continuous period of
three working days without Company approval, and without notification to the
Company, that employee shall be deemed to have abandoned their employment.
If after a period of two weeks from the last day of absence,
the employee has not established a satisfactory reason for their absence and
non-notification, the employee shall have their employment terminated.
28. Blood Donors
The Company will promote blood donations to its employees. The
Company shall also pursue ways employees may actually donate blood with minimal
disruption to the Business.
29. Anti Discrimination and Harassment
(1) It is the intention of the parties bound
by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity and age.
(2) It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It
will be consistent with the fulfilment of these obligations for the parties to
make application to vary any provision of the award, which, by its terms or
operation, has a direct or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to
affect:
(a) any conduct or act which is specifically
exempted from anti-discrimination legislation;
(b) offering or providing junior rates of
pay to persons under 21 years of age;
(c) any act or practice of a body established
to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
(5) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
NOTES
(a) Employers and employees may also be
subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in
the Act affects .any other act or practice of a body established to propagate
religion that conforms to the doctrines of that religion or is necessary to
avoid injury to the religious susceptibilities of the adherents of that
religion".
30. Duress
This Award has not been entered under duress by any of the
Parties to the Award.
31. Transmission of Business
Where transmission of business occurs and affects employees
covered by this Award, the Parties shall by an exchange of letter/s enter into
correspondence that clearly outlines the benefits and entitlements due to
employees, and how such entitlements shall be managed. Matters to be covered
may include such items as annual leave, personal leave, superannuation, sick
leave and redundancy.
32. Service Fee
Reserved Matter for discussion and negotiation during the
life of the Award.
33. Dispute
Resolution Procedure
The Parties to this Award are committed to harmonious employee
relations based on mutual trust, open communication and proactive consultation
processes. Best endeavours will be used to resolve issues such as problems,
questions, disputes, difficulties or concerns at all times and at the lowest
possible level in the Company.
Any issue requiring resolution shall be dealt with in the
following manner:
(i) Where an
employee(s) has an issue, which has not been resolved in the normal course of
business, they shall raise it with their Team Leader and both shall use their
best endeavours to resolve it as quickly as possible.
(ii) Where an
issue is directly relevant to a work area, it shall be discussed and every
endeavour made to resolve it within the appropriate team.
(iii) Should the
issue not be resolved as above within a sensible, mutually agreed timeframe, it
shall be referred to and discussed with the Area Manager.
(iv) If not
resolved, any of the Parties may raise the issue with the Maintenance Manager
for resolution.
(v) If still
unresolved, the matter may be referred to the relevant union, which will
discuss the matter with the Company.
(vi) Before the
issue proceeds to the Industrial Relations Commission, the Company will ensure
that it’s management and the union will ensure that it’s local union official
have been involved in the process.
(vii) If still not
resolved, the matter may be referred to the Industrial Relations Commission, by
either party, for conciliation and/or arbitration in accordance with due
process.
At levels (i) to (v) inclusive of the above, the
employee(s) may choose to have an accredited union representative or another
employee in attendance.
While the above process is being pursued, work shall
continue as normal (without bans or limitations).
The Parties to this Agreement may raise an issue to a
higher level in the process at any time.
Levels (i) to (v) shall be completed within 7 (seven)
working days.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.