(1589)

SERIAL C0485

 

 

MAINTECK SERVICES AUSTRALIA PTY LTD ENTERPRISE AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Industry Group, industrial organisation of employers for a new award.

 

(No. IRC 3246 of 2001)

 

Before Mr Deputy President Grayson

7 June 2001

 

 

AWARD

 

1.  TITLE

 

This Award shall be known as the Mainteck Services Australia Pty Ltd Enterprise Award.

 

2.  ARRANGEMENT

 

Clause No.             Subject Matter

 

1.                      Title

2.                      Arrangement

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.                    Annualised Hours Intent

11.                    Working Arrangements

12.                    Meal Breaks

13.                    Paid Time Off

14.                    Long Service Leave

15.                    Personal/Carer’s Leave

16.                    Parental Leave

17.                    Jury Service

18.                    Continuity Agreement

19.                    Confidentiality

20.                    Mainteck Services Alcohol and Other Drugs Policy

21.                    Medical Examinations

22.                    Union Membership and Elected Delegates 

23.                    Trade Union Training

24.                    Clothing and Personal Protective Equipment

25.                    Superannuation

26.                    Income Protection Insurance

27.                    Notice Boards

28.                    Alternative Arrangements

29.                    Employment Security

30.                    Right of Entry

31.                    Employee Entitlement

32.                    Abandonment of Employment

33.                    Service Fee

34.                    Blood Donors

35.                    Anti Discrimination and Harassment

36.                    Duress

37.                    Not Detrimental

38.                    Transmission of Business

39.                    Signatories To The Award

 

Appendix 1 - Construction and Project Work

 

 

3.  APPLICATION AND PARTIES BOUND

 

This Award shall apply in respect to the operations of Mainteck in (NSW), and to all employees employed in classifications set out in Clause 9 of this Award, and performing work in the maintenance and engineering industry.  The parties have had regard in drafting this Award to the requirements of s19 of the Act and have taken all required steps to ensure the Award complies with the requirements of s19 of the Act relating to Review of Awards.

 

The Parties listed below are sole respondents to this Award:

 

Mainteck Services Australia Pty Ltd; 

The Electrical Trades Union (ETU);

The Australian Manufacturing Workers Union (AMWU);

Australian Workers Union Port Kembla Branch (AWU); and

Employees of Mainteck Services Australia Pty Ltd who are members or entitled to be members of the organisations detailed above and are engaged in classifications specified at Clause 9 of this Award.

 

4.  TERM OF AWARD

 

4.1        This Award will come into operation from 31 March 2001 and remain in force until 31 March 2003 and shall wholly displace all other Agreements and awards that would otherwise apply.

 

4.2        The Parties agree to commence negotiations for three (3) months prior to the expiry of the Award.

 

4.3        The base rate of pay is prescribed in Clause 9, and as a result of this Award will remain and form the new base rates from 31 March 2001 and shall remain in force until 31March 2003.

 

4.4        The Parties to this Award shall not pursue any extra claims as per the period nominated in Clause 4.3.

 

5.  OBJECTIVES OF AWARD

 

The Parties to this Award have jointly developed and are committed to the following objectives to fulfill its obligations in providing a 365 days per year, 24 hours per day service delivery to it's customer’s which, collectively express the purpose and intent of this Award:

 

to have a system of self direction in the workplace;

to maintain a work environment based on high employee morale;

to provide employees the opportunity to develop and realise their full potential and remuneration within the needs of the company;

provide a total maintenance solution;

to provide employees with fair and equitable wages and conditions of employment and which allows the Company to maintain a competitive position within the industry and the labour market;

to work together as one team with aligned objectives;

to work on a whole of business approach;

to strive for quality, continuous improvement and innovation through effective business management, engineering excellence and team integration;

establishment of levels of responsibility and accountability for the Company and its employees;

enhance the future of the Company and the employee's employment security;

develop relationships between the Company and its employees based on respect, honesty, trust and focusing on the overall benefits of the business;

eliminate non value adding processes, systems and work practices, including the elimination of artificial overtime;

continue to improve on the current safe work practices;

develop a workplace based on positive environmental practices; and

the Parties agree to contribute to a productive working environment allowing for regular and enhanced quality home life when away from site.

 

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 safety and health, Company and employee relationships, learning and development, quality, productivity, efficiency, flexibility, cost effectiveness and achievement of contractual Performance Targets.

 

7.1       Code of Ethics

 

Mainteck Services is committed to strengthening and growing its business through its people. We will strive to achieve a work environment built on integrity, respect and trust.

 

At Mainteck, we will strive towards:

 

maintaining values based on excellence, value to customers (internal and external), respect, integrity and success;

developing a safe work environment without compromising safety for productivity or profit;

being ethical, honest and truthful in our dealings and communications;

eliminating all forms of discrimination and harassment;

avoiding business dealings that conflict with the interests of the business;

respecting employee, customer and client confidentiality; and

working for the good of our organisation, the client, the environment, customers and the community.

 

The Mainteck Code of Ethics is the minimum standard of behaviour expected of our people. The basis for our survival depends on how people behave and interact with one another. This includes our customers, the public and the community.

 

7.2       Team Framework

 

The Parties have agreed to support a team structure to overview the self-direction process and to encourage employees at all levels to have input, and an influence upon, the decision-making processes. Employee involvement and interaction will involve planning at different levels and will include employee membership of Mainteck organisational teams.  These teams will reflect the Mainteck organisational structure and may include but may not be limited to:-

 

 

7.2.1     Business Team

 

This team consists of senior management, union representatives, and client representative and elected employee representatives from the workforce. The Business Team meets monthly operating under an agreed terms of reference. The key purpose of the Business Team is to determine the strategic and business direction of the Company, monitor progress, costs and oversees Change and Improvement initiatives.

 

The Business Team will oversee the implementation of Workplace Indicators. Appropriate training will be provided to employees in this area. These indicators will not be used to measure individual performance.

 

7.2.2     Safety Team

 

The Safety Team consists of senior management and elected employee representatives. The Safety Team meets monthly with its main aim being to monitor and oversee the performance of safety.

 

7.2.3     Planning Team

 

The Planning Team consists of the Operation's Manager, Coordinators and Team Leaders. The Team meets fortnightly discussing planning and co-ordination issues that includes plant, equipment, materials and labour. This team is responsible for the integration and the maximum utilisation (flexibility) of labour on the site, including the elimination of duplication and best use of resources.

 

7.2.4     KPI Team

 

The KPI Team meets monthly overseeing the monitoring of workplace performance indicators. The objective is to provide employees ownership through data collection and identifying non-value adding activities. The Administration Manager co-ordinates and provides support to this Team.

 

7.2.5     Toolbox Team Meetings

 

Work teams meet on a regular basis (usually every 2 weeks and no longer than 1 month) having either direct input into the business or through their employee representatives.  The Team Leader/Coordinator co-ordinate resources and provide support to the Work Teams.  This team provides regular feedback in the form of minutes and reports to the Business Team.

 

7.3       Self Direction

 

The Parties support and promote the principle of Self Direction in the workplace.

 

Self Direction is where employees work together to improve their operations, handle day to day issues, and plan and control their work, managing many of the tasks and activities supervision or management used to do.   Employees are also responsible and accountable for performance of work.

 

The Parties believe the following benefits will be achieved through Self Direction:

 

improved workflow, and overall performance;

development of the full potential of employees in the area of tasks and skills;

provision of greater flexibility adaptability;

less supervision and unnecessary overheads;

employee retention rate improves;

introduction of more accountability;

catalyst for the introduction and acceptance of cultural change;

improvement in service delivery  (both quality and cost); and

downtime reduction through employee monitoring of workplace indicators.

 

7.4       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 may be better ways of doing things.

 

7.5       Occupational Health and Safety

 

The need to create and maintain a safe working environment is a priority initiative for the Parties to this Award. The Parties will focus on developing an Operations Safety Plan that includes, but is not limited to the following:

 

Risk Assessments

Job Safety Analysis (JSA)

Toolbox safety meetings

Hazardous Substances

Personal Protective Equipment

Communication and Organisational Learning

Routine Inspection

Routine Inspection and Evaluation

Safety Audits

Fitness for Work, Drugs and Alcohol

Incident Response

Injury Management and rehabilitation

 

It is a condition of employment that employees comply with the obligations and responsibilities contained within the Operations Safety Plan.

 

7.6       Environment

 

The Parties to this Award will work together to minimise any harmful effect on the environment. 

 

7.7       Learning and Development

 

The Parties agree training, learning and personal development are integral to the ongoing technical and commercial relevance of the Company in the industries within which it competes.

 

The responsibility for training and development, including the management of training budgets is vested in the Business Team. A learning plan will be developed which addresses, but is not limited to, the following aspects:

 

Company culture and philosophy

Budgets

Skills audits

Needs analysis

Application and approval process

Accreditation requirements consistent with National Competency Standards

Induction training

Skills based training

Statutory compliance training

Safety training

Quality related training

Communication and leadership training

 

 

Assistance may be given to employees who seek to further their education and development through learning programmes at TAFE or University. Where courses add value to the business and interest is shown by an employee/s then due process is for an application to be submitted to the Business Team for consideration, assessment and evaluation.

 

Where the Company instructs an employee to undertake training as determined by the Company, associated costs including, fees, text books, wages and travel will be paid by the Company. Employees undertaking training off their own back without Company approval, will not be eligible for reimbursement for any associated training costs.

 

 

7.8       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 Apprenticeships for Mainteck Services. The Business Team will oversee the introduction of Apprenticeships.

 

7.9       Whole of Job Approach (Integration)

 

The Parties support the principle of a whole of job approach, consistent with their skills and training and providing it is safe, legal, logical and payment will reflect the classification structure. In other words, employees will be involved in job planning, work organisation and scheduling at the appropriate levels.  Employees will be encouraged to work in as many areas of the business as the need arises. The development of our people is critical to the ongoing viability of the business. A flexible and adaptive workforce will only add to the Company's capability in terms of competition, business growth and survival.

 

A workforce where people are capable of working in all areas of the business will assist in:

 

Rostering

Stand-by

Labour resourcing

Customer service (responsiveness)

Meeting Business Targets

 

7.10     Issue Resolution Process

 

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 CEO 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 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.

 

7.11     Employee Performance Feedback

 

The Parties will introduce a system of evaluating the work progress and development of each employee so that the Company's and employee's goals are achieved, and both will benefit by participating in a system that provides regular and written recognition and feedback. The evaluation system carried out on a 12 (twelve) monthly basis, will address issues related to work performance, which include:

 

Safety and health performance;

Safe working practices;

Identification with Company goals;

Positive work approach;

Quality of work;

Productivity;

Co-operation with others;

Teamwork;

Areas for improvement;

Personal development; and

Attendance and timekeeping;

 

A record of each evaluation will be maintained by the Company in the employee’s individual personnel file. This information will be available to employees at their request.

 

7.12     Leadership Responsibility

 

The Parties consider leadership crucial to the objectives of this Award, especially in the area of cultural change, competition and survival. Employees with leadership responsibilities, such as Team Leaders will strive to:

 

Establish and maintain a safe and healthy working environment;

Deal with each team member with fairness, equity and respect;

Encourage and promote the development of employee skills;

Recognise and acknowledge good performance;

Address issues raised by employees in a timely manner and provide regular feedback;

Identify opportunities for improved performance;

Act in a manner consistent with the code of ethics;

Engage in meaningful communication processes; and

Act in the best interests of the team.

 

 

7.13     Overtime Equity

 

Overtime will be worked from time to time to suit the needs of the business.  An introduction of better work arrangements and work practices through better planning, scheduling and support will be initiated to ensure overtime is shared across all employees. The allocation of overtime will be subject to criteria such as skills, competence, availability, preparedness, willingness etc. A visible roster will be maintained by the Company.

 

 

7.14     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. Situations such as shut downs, short term work, specialised work, emergency work or where employees are away on leave, alternative employment arrangements will be introduced.

 

8.1       Nature of Employment

 

Employment may be either 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 11 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. Mainteck shall not contract outside of this Award. In other words there will be no other forms of employment except for those contained within Clause 8 of this Award (eg no individual contracts, Australian Workplace Agreements or Prescribed Payment Systems).

 

Fixed Term Employment -

 

An employee may be engaged for a stated period of time and offered a fixed term contract under this Agreement, the details of which are specified in a letter of offer of employment. On such occasions the Business Team and union will be advised.

 

Fixed Term Employees shall be paid as per the conditions of this award, and will be used in circumstances where peaks in workload appear for short periods, such as shut downs.  Minimum Period for fixed term employment will be for a minimum of eight (8) weeks.

 

Part Time Employment -

 

By mutual agreement between the Parties an employee who is employed on a Part Time basis shall be offered a regular roster 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 this Award.

 

Casual Employment -

 

A casual employee is one engaged for a minimum period of 1 day and paid as such with a minimum of 4 hours per day in circumstances where the job is cancelled beyond the company’s control.  The engagement of a casual may be terminated at any time upon 1 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.

 

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, notice or severance benefits contained in this Agreement but shall receive in lieu a premium of 25% of the ordinary rate of pay.

 

A casual employee shall not be employed for more than six weeks continuously.

 

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 -

 

Contracts of Apprenticeship shall be in accordance with the Apprenticeship Conciliation Committee relevant to the trade concerned.

 

The relevant apprenticeship authorities shall be the Apprenticeship Conciliation Committees established under the New South Wales Industrial Relations Act 1991; and the Apprenticeship Training Committees established under the New South Wales Apprenticeship Act 1981.

 

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:

 

(1)        First Year Apprentice - 42%

(2)        Second Year Apprentice - 55%

(3)        Third Year Apprentice - 75%

(4)        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 twelve (12) 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 on the giving of notice.

 

8.4       Performance of Duties

 

Mainteck 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 clause 13 (Paid Time Off) of this Award and has been authorised.

 

8.6       Termination of Employment

 

8.6.1     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 (1) week if an employee is over 45 years of age, subject to having and has completed at least two (2) years continuous service.)

 

8.6.2     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:

 

Period of Continuous Service	Redundancy Pay
		If Employee is Under 45	If Employee is 45 Years
		Years of Age	or More
Less than 1 year		Nil	Nil
At the completion of one (1) year		4 Weeks	5 Weeks
At the completion of two (2) years		7 Weeks	8.75 Weeks
At the completion of three (3) years		10 Weeks	12.5 Weeks
At the completion of four (4) years		12 Weeks	15 Weeks
At the completion of five (5) years		14 Weeks	17.5 Weeks
At the completion of six (6) years or more		16 Weeks	20 Weeks

 

 

8.6.3     Mainteck Services has the right to dismiss an employee without notice for gross misconduct on the employee’s part, which justifies summary dismissal.

 

8.6.4     In the event of summary dismissal, payment will be made up to the time of dismissal only.  Such incidents as theft of company property, violence against an employee or employer, vandalism or destruction of company property etc shall warrant summary 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 Mainteck Services shall be recovered by the Company from any accrued entitlements owing to the employee. This is subject to agreement between the employee and the Company, with written authorisation by the employee for deductions to take place.

 

 

8.8       Stand Downs

 

The Company is entitled to deduct payment for any day or part of a day on which an employee cannot be usefully employed because of industrial action.

 

This applies where the employee cannot be usefully employed through any cause, which the employer could not reasonably have prevented such as power and fuel shortages.

 

Employees may access their Paid Time Off accruals as a method of payment during periods of Stand Downs, subject to agreement with the Company.

 

Flexi Days shall be taken as mutually agreed between the employee and the Area Manager. If agreement cannot be reached, an employee may be directed to use any accumulated Flexi Day/s to suit the needs of the business, providing 24 hours notice has been given.

 

Flexi Days may be accrued to a maximum of ten (10) days unless previously agreed between the employee and Area Manager.

 

8.9       Location and Commencement of Work

 

Mainteck shall provide on site and off site facilities for its employees. An employee’s normal workplace shall either be a workshop, yard or depot facility. These facilities shall be made available to all employees. 

 

Employees shall make themselves available in preparation to commence work at the normal starting time at the on site or off site facilities, and then continue to proceed to commence work on the job.

 

In circumstances where the Company may require an employee to start on the job precisely at normal start up time, the Company shall provide transport facilities.

 

Fares and travel under the above arrangements shall not be deemed necessary.

 

For any day employees are required to commence or cease work at the job site (excluding depot, workshop, yard, etc.) at the normal start and finish time, $12.60 per day shall be paid (for electricians the relevant State Award shall apply).

 

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 on short notice, 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

 

The wage rates and allowances contained in this Award apply to on site maintenance and project work.

 

The Parties recognise that the nature of the business is different in the on site maintenance and project industry when compared to the Fabrication/Manufacturing industry. Therefore the Parties to this Award are in complete agreement that another set of arrangements covering pay rates and applicable allowances to the Fabrication/Manufacturing industry will be jointly developed by the Parties. This must be achieved in order to maintain a presence in the competitive Fabrication/Manufacturing market place.

 

The Parties also acknowledge pay relativities in the local Fabrication/Manufacturing industry need to be maintained and addressed to ensure the viability of the Company. The new Fabrication/Manufacturing arrangements shall be attached to the appendix of this Award.

 

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        Wages and allowances contained in this Award shall not be subject to variation for a period of two (2) years.

 

9.3        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:

 

9.3.1     CLASSIFICATION STRUCTURE - MAINTENANCE WORKER (MW)

 

Classification	Current Rates	On Transfer	31 Oct 01	31 Oct 02
		to Mainteck 2%	(4%)	(2%)
MW 1	$620.00	$634.00	$659.00	$672.00
MW 2	$670.00	$684.00	$711.00	$725.00
MW 3	$705.00	$720.00	$749.00	$764.00
MW 4	$740.00	$756.00	$786.00	$802.00
MW 5	$776.00	$792.00	$824.00	$840.00
MW 6	$825.00	$842.00	$876.00	$894.00
Note: The above rates are inclusive of all allowances, except a $25.25 per week licence fee for Licensed Electrician, Team Leader Allowance (Clause 9.4), Meal Allowance (Clause12), Confined Space Allowance (Clause 9.3.3), and a First Aid Allowance as specified in Clause 9.3.2.

 

9.3.2     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.

 

9.3.3     CONFINED SPACE ALLOWANCE

 

Employees working in a confined space, being an area or place where the dimensions and/or nature of work necessitates working in a cramped position or without sufficient ventilation, shall be paid 51 cents per hour. Payment shall be subject to agreement an area or place be jointly defined as a confined space by the company and affected employee/s.

 

9.3.4     ALL OTHER ALLOWANCES

 

The rates of pay as per the Classification Structure are inclusive of all other allowances except for the Electrical Licence (Clause 9.3.1), First Aid Allowance (Clause 9.3.2) and Team Leader Allowance (Clause 9.4). The rates of pay (Clause 9.3.1) includes but is not limited to the following allowances:

 

•       Supplementary Payment

•       Special Allowance

•       Industry Allowance

•       AIS Allowance

•       Tool Allowance

 

9.3.5     CLASSIFICATION DESCRIPTIONS

 

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)

 

Maintenance Worker 3 (MW3) - This is the entry band for trades employees such as but not limited to:

 

•       Electrician

•       Boilermaker

•       Fitter

•       Welder (All Certificates)

•       Machinist

•       Building Trades (Corporate, Plumber, Bricklayers, Plasterer, etc.)

 

Maintenance Worker 4 (MW4) - This band includes trades people capable of working unsupervised in all areas of the facility.  Minimum site experience is two (2) years.  A MW4 is capable of leading a group of 0-3 employees.  This is a pre-requisite for future upgrades in terms of experience, leadership, skills and company requirements.

 

Maintenance Worker 5 (MW5) - This band includes trades people capable of leading groups from 4-10 employees.  Minimum site experience is three (3) years.  This person is competent in all areas of the plant and possesses high leadership qualities including planning, scheduling and organisation of plant, equipment and people.

 

Maintenance Worker 6 (MW6) - This band includes trades people capable of leading a group/groups of employees (no limit).  Minimum site experience is five (5) years.  This person is capable of taking on the Team Leader Role as may be required.

 

9.3.6     ASSESSMENT PROCESS AND PROGRESSION

 

Progression in terms of reclassification for payment will only occur where there is a business case for an employee to exercise skills at a higher level. Positions when identified by the Company as needed to be filled, shall be advertised. In other words skills acquired and required by the job will be a basic principle used in identifying opportunities for employees to access career pathing. Automatic progression shall not occur based on skills acquisition only.

 

MAINTENANCE WORKER6 (MW6)

5 years on site experience - pre requisite

Behavioural Assessment - pre requisite

 

Ý

 

MAINTENANCE WORKER5 (MW5)

3 years on site experience - pre requisite

Behavioural Assessment - pre requisite

 

Ý

 

MAINTENANCE WORKER 4 (MW4)

2 years on site experience - pre requisite

Behavioural Assessment - pre requisite

Ý

 

MAINTENANCE WORKER 3 (MW3)

Entry level for trades people. Competency Based

Trade Qualification - pre requisite

 

Ý

 

MAINTENANCE WORKER 2 (MW2)

Non-trades employees must participate in development programs

that meet the needs of the business. This includes attaining as

many certificates of competence as required by the Company.

 

Ý

 

Maintenance Worker 1 (MW1)

Trades Assistant employees must participate in all skills training as required by Mainteck.

 

9.3.7     WORK REORGANISATION AND TEAM APPLICATION

 

Employees shall participate in workplace change, work reorganisation and skills development. The centrepiece to this Award is the introduction of a team-based environment where employees support each other through cooperation and interactive communications.

 

Fundamental to teamwork, are people’s attitudes and the way they treat one another. This is a pre-requisite when an employee requests a career upgrade. The Company views an employee’s attitude, commitment and effort as critical. Therefore employees demonstrating positive team traits will be at an advantage in areas such as selection and assessment during application for career progression.

 

Assessments will be facilitated by a Team Leader/Coordinator and Accredited Assessor.  The Business Team will oversee the process.

 

9.3.8     POSITION DESCRIPTIONS

 

A position description will be developed for the above classifications within the first 3 months of registration of this Award. The position descriptions will form part of the Quality System, but just as important each position description will outline the following:

 

•       Job (work) scope

•       Skills (competency requirements)

•       Accountabilities

•       Safety requirements

•       Quality and environmental requirements etc

 

9.4        A Team Leader rate (flat) shall be paid as follows:

 

A Team Leader will be jointly selected by employees and the Company. Employees will elect (shortlist) a number of candidates based on performance and behavioural criteria. The Company together with an employee representative of the team will then interview each candidate and evaluate the best person to fill the role. This is not a permanent position. The role of the Team Leader is subject to performance. The Company reserves the right to remove a person as a Team Leader if that person is in the opinion of the Company not performing to the level/standard required.

 

The following payment is an allowance only paid whilst an employee has been selected as a team Leader.

 

Elected/Selected Team Leader          $100.00            Per Week (flat payment)

Relief Team Leader                              $16.00              Per Day (flat payment)

 

Team Leaders whilst in the role shall have the Team Leader rate recognised on a pro-rata basis when calculating service entitlements for that period only.

 

9.5        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.

 

9.6        Payment of Wages

 

All earnings shall be paid to employees by electronic transfer on a 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)

•       Paid Time Off (PTO) balance of hours

•       Special Payments (such as Annual Leave Payment)

•       Long Service Leave payments

 

9.7        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.

 

10.  ANNUALISED HOURS INTENT

 

The Parties agree to discuss an Annualised Pay System that is beneficial to both the Business and employees. The objective of such an arrangement would be to place Mainteck Services as an Industry Leader in the Engineering Business.

 

The Parties to this Agreement will plan together a system of paying people for their contribution (a fair day’s work for a fair day’s pay) at work.

 

Such issues to be considered will include but not be limited to:

 

•       Impact on the business (peaks and volume of work to justify such a system)

•       Volume of work, including ability to plan (forward planning)

•       Cost impacts and benefits (eg simplification, rolling in allowances etc)

•       Superannuation benefits

•       Long Service Leave benefits

•       Annual Leave benefits

•       Other Leave arrangements

•       Personal planning on a consistent wage/salary

•       Treatment of allowances (incorporated)

 

The Company recognises the benefits of jointly developing such a system together with the Union Parties and its employees, especially when relating to ownership and sustainability.

 

11.  WORKING ARRANGEMENTS

 

11.1      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 (6:00 pm) hours, Monday to Friday.  The ordinary hours of work may also be worked in other configurations as mutually agreed between the employees concerned and Mainteck 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 (1) hour.

 

11.1.2   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 (12) consecutive hours they shall be subject to:

 

•       Working within the Occupational Health and Safety Guidelines of the ACTU Code of Conduct regarding Twelve Hour Shifts

•       Proper health monitoring procedures being adopted

•       Suitable roster arrangements

•       Effective support from management

 

11.1.3   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.

 

11.2      Shift Work

 

"Shift Work" means shift work scheduled for five (5) consecutive workdays or more, Monday to Friday.

 

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 24 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 recognized. 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.

 

 

11.2.1   Afternoon Shift

 

"Afternoon" Shift means any eight (8) hour shift finishing after 6.00 pm 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.

 

11.2.2   Night Shift

 

"Night Shift" means any eight-hour shift finishing subsequent to midnight and or before 8.00 am. 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.

 

11.2.3   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.

 

11.2.4   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.

 

11.2.5   Broken Shift

 

An employee who works on back shift which does not continue for at least five (5) successive shifts, hours shall be paid for each shift 50% for the first two (2) hours and 100% for the remaining hours.

 

11.3      Rotating Permanent Shift Work

 

The Parties will discuss, and by mutual agreement shall develop a criteria and set of conditions for the introduction of Rotating Permanent Shift Work.

 

11.4      Rostered Break Between Shifts

 

When overtime is worked it shall, where ever reasonably practicable, be so arranged that a employee has at least 10 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 10 consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime and not required to recommence work until the employee has had 10 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 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 10 consecutive hours off duty without loss of pay for ordinary hours during such absences.

 

11.5      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 or double time after.

•       Saturday - time and a half for the first 2 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 the base hourly rates as defined in Clause 9.

 

11.5.1   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

 

11.6      Rostered Days Off (RDO)

 

(a)        The ordinary hours of work shall be rostered to provide employees with one Rostered Day Off per month (four (4) week cycle).

 

(b)        The RDO’s shall be taken as mutually agreed between the employee and the Area Manager to suit the needs of the business.  If agreement cannot be reached employees may be directed to use any day/s accumulated RDO, provided 24 hours notice is given to the employee the previous day.

 

(c)        RDO’s may be accrued to a maximum of 10 days unless previously agreed with the Area Manager.

 

(d)        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.

 

11.7      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 (4) hours at the rate of time and half for the first two (2) hours and double time thereafter (or double time for the full period for continuous shift workers). Weekend call out shall be paid at the relevant overtime rate/s. There are number of conditions which apply to this provision:

 

(i)         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 (4) 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.

 

(ii)        The employee may not be required to work the full four (4) hours if the job in question is completed within a shorter period.

 

(iii)       Overtime worked in this clause is not to be regarded as overtime for the purpose of 11.3, rest periods after overtime, when the actual time worked is less than three (3) hours on the call back or each call back.

 

11.8      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 11.7 (Call Back).

 

12.  MEAL BREAKS

 

12.1      A 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 (10) minute morning break each weekday. 

 

12.2      Employees shall be paid at overtime rates for all time worked in excess of five (5) hours without commencing an uninterrupted meal break or crib break.

 

12.3      Employees required to work more than a (ten) 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 8 hours (exclusive of the crib break), if they are to continue work after such four hours.  Employees shall be paid $8.00 (meal allowance) to purchase each meal. A meal allowance shall be paid after ten (10) hours.

 

12.4      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.

 

12.5      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.

 

12.6      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.

 

13.  PAID TIME OFF

 

Paid Time Off (PTO) replaces annual leave, sick leave, public holidays, bereavement leave and family leave. It does not affect long service leave, maternity or paternity leave, approved leave for jury service or the RDO's bank.

 

This initiative will come into effect on the date of registration of the Award. The balance of the PTO at commencement will be zero hours for all employees.

 

13.1      Concept

 

Paid Time Off (PTO) involves the calculation of the appropriate annual entitlement to paid absence based on industry standards, i.e.:

 

Annual Leave              152 hours

 

Sick Leave                   76 hours

 

Public Holidays          76 hours (10 Days)

 

Time worked on a Public Holiday shall be paid at double time and a half.  There shall be no accrual of hours towards PTO during time worked on a Public Holiday(s).

 

13.2      Annual Leave Loading Payment

 

An Annual Leave Loading Payment, which is equivalent to an "Annual Leave Loading" of 17.5% of 152 hours annual leave, shall be paid annually the last pay period before December 25.

 

An annual leave loading of 17.5% will be made on a pro-rata basis in circumstances where full accrual of hours has not been achieved, and in circumstances where termination of employment has occurred.

 

13.3      Calculation

 

The entitlement is calculated as if the employee was at work i.e. at the rate of 7.6 hours per day of paid absence. This entitlement is then accrued per fortnightly pay period on a pro rata basis, which forms the employee Paid Time Off (PTO) account. Each time an employee takes leave, the PTO account is reduced by the number of hours leave taken and no deduction is made from the employee's wages. 

 

13.4      Utilisation of Paid Time Off

 

Generally, PTO shall be taken only as agreed between the Company and the employee. On each occasion that PTO is utilised, the employee must make a written application for PTO, except for gazetted public holidays where the time off will be taken and deducted unless the employee is otherwise rostered to work. Applications will be assessed against an employee’s circumstances and the needs of the business. Approval shall not be unreasonably withheld.

 

Accrued PTO shall be utilised for any period of paid absence. On each occasion of leave where PTO is to be used, the employee's PTO account shall be reduced by the period of absence and no deduction is made from the employee's wages.

 

For full day absences, PTO is utilised at the rate of 7.6 hours per day and no deduction is made from the employee's wages.

 

By mutual agreement an employee and the Company may enter into an arrangement where PTO is taken in different configurations. This will be subject to the employee’s circumstances on request, and the business needs at the time.

 

13.5      Prior Notification

 

Should an employee be unable to attend at the workplace during the ordinary hours of work by reason of personal ill health or injury, family crisis or some other emergency, they shall advise the Company as soon as reasonably practicable (but not more than four (4) hours after the absence commenced) of the reason for the absence and the estimated duration of the absence. The employee may be required to produce satisfactory proof to support their absence. Failure to adhere to these requirements may result in the absence not being approved and the employee may be subject to the disciplinary procedure.

 

13.6      Unused Paid Time Off

 

When employment is terminated, the unused accrued PTO shall be paid to the employee as a termination payment at the rate applicable at the time of termination. Where employment is terminated and the employee's PTO account balance is negative, the Company may recover the cost from the employee's final pay.

 

13.7      Capping of Paid Time Off

 

PTO shall only accumulate to a maximum of 400 hours, unless there is approval from the Company's Maintenance Manager.

 

 

14.  LONG SERVICE LEAVE

 

The provisions of the Long Service Leave Act 1955 shall apply.

 

 

15.  PERSONAL/CARER’S LEAVE

 

(i)         Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in (c)(2) who needs the employees care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for at clause 13, Paid Time Off, 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)        The employees shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. 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:

 

                         (1)        the employee being responsible for the care and support of the person concerned; and

 

                         (2)        the person concerned being:

 

                                      (i)         a spouse of the employee; or

 

(ii)        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

 

(iii)       a child or an adult child (including an adopted child, a step child, 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

 

(iv)       a same sex partner who lives with the employee as the de facto partner of the employee on a bona fide domestic basis; or

 

(v)        a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

                                                   (a)        "relative" means a person related by blood, marriage or affinity;

 

(b)        "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

                                                   (c)        "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(ii)        Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in (i)(c)(2) above who is ill.

 

(iii)       Annual Leave

 

(a)        Subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the employer, 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 paragraph (a) above, 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.

 

(iv)       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 twelve (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 paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for the 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 paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(v)        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 during 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.

 

(vi)       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)        Where the employer and employee agree, rostered days off may be accumulated which occur as a result of employees working in accordance with the provisions of this subclause. These accumulated days may be taken at any time mutually agreed between the employer and the employee.

 

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 subclause is subject to the employer informing the union if it 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 to participate in negotiations.

 

16.  PARENTAL LEAVE

 

After twelve (12) months continuous service, employees other than casuals are entitled to maternity, paternity and adoption leave and to work part time in connection with the birth or adoption of a child.

 

Notice to return to week after relevant leave shall be in writing, at least four (4) weeks prior to the expiration of the leave.

 

16.1      Maternity Leave

 

An employee may commence maternity leave within six (6) weeks of the expected birth date. B y mutual agreement with the Company an employee may commence maternity leave at a time that is suitable to both parties. This is subject to a medical certificate ensuring the employee is fit for work.

 

16.2      Paternity Leave

 

An employee is entitled to Paternity Leave subject to the following:

 

             1.          Ten (10) weeks notice is given prior proposed leave

             2.          Period of proposed leave is clearly stated in written notification

             3.          A certificate by a medical practitioner is provided clearly outlining details of spouse, date of birth

or expected birth of child.

 

16.3      Adoption Leave

 

An employee with twelve (12) months continuous service is entitled to adoption leave subject to providing the Company with a statuary declaration stating:

 

             1.          The employee is the primary caregiver of the child

             2.          Particulars of any period of adoption leave

 

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.  CONTINUITY AGREEMENT

 

It is an express condition of this award and each employee's contract of Employment that continuity of services will be provided by Mainteck Services to their client to ensure continuity of the clients normal and usual service operation.

 

In the event of any stoppage for any reason, employees will carry out such duties as are necessary to provide such continuous operations.

 

Parties to this Award will not be disadvantaged by the continuity of operations. Issues and disputes will be processed through the Issue Resolution Process.

 

Employees will only perform work that is part of the scope of work as originally issued by the client.

 

19.  CONFIDENTIALITY

 

In the absence of the appropriate authority having been given, an employee must not divulge (orally, written or electronically) any information relating to the affairs of the Company, including proprietary knowledge and technical or intellectual property of the Company, its customers, suppliers or clients, to any other business or Company, representative of the press/media, or third party.

 

20.  MAINTECK SERVICES ALCOHOL AND OTHER DRUGS POLICY

 

Mainteck Services Australia Pty Ltd considers the Health and Safety of all employees to be of the utmost importance. Persons affected by alcohol or other drugs are a safety hazard to themselves and other persons at the workplace.

 

It is the policy of Mainteck that a person affected by alcohol or other drugs will not be allowed to commence work until that person can demonstrate that they can work in a safe manner.

 

The decision on a person’s ability to work in a safe manner will be made by a peer present at the time. A union delegate, a member of the OH&S Committee or supervisor may be called to assist in the decision should it be deemed necessary.

 

If there is no cooperation the relevant union delegate and a management representative must become involved. If either of these people are not available the senior MSA person on site will take control of the situation.

 

Suitable arrangements must be made to ensure the person’s safety when leaving the site. If this involves payment of a taxi fare the company will be liable for the costs.

 

Wages may not be paid from the time that the person is told to leave site by the supervisor. Where loss of wages and/or any other expenses may be involved the appropriate union delegate should be informed.

 

An employee assistance program can be arranged where requested.

 

21.  MEDICAL EXAMINATIONS

 

In the interests of achieving and maintaining a healthy and productive workforce, the Parties agree that a fitness for work initiative shall be implemented for new starters.

 

Employees are required to undertake such regular medical and physical tests, as Mainteck Services deems appropriate prior to the commencement of employment.

 

Mainteck Services will offer employees the opportunity to undertake medical examinations where they may be at possible risk to the employee or other employees.

 

The cost of medical examinations so required by the Company will be paid for by Mainteck Services.

 

Information obtained will remain confidential and will remain the property of Mainteck Services.  An employee on request in writing can obtain a copy of the medical examination report.

 

22.  UNION MEMBERSHIP AND ELECTED DELEGATES

 

1.          Payroll Deductions

 

Mainteck Services shall support the union parties to this Award by way of providing union membership information and providing for payroll deductions of union dues as recognised by employees.

 

2.          Accredited Union Delegate

 

An employee appointed Union Delegate/s (Shop Steward) shall, upon official notification to Mainteck 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 Mainteck Services on matters affecting employees they represent.

 

23.  TRADE UNION TRAINING

 

A Union Delegate (Shop Steward) nominated by their Union to attend a union sponsored training course will be granted up to 5 days leave (per annum) of absence without loss of earnings provided that:

 

1.          Mainteck Services receives at least two (2) weeks notice of the nomination from the Union setting out times, dates, content and venue for the course.

 

2.          The employee concerned can be released from duty by Mainteck Services for the period of the course, without affecting normal operations.

 

3.          Further Leave may be granted subject to agreement between the Parties.

 

24.  CLOTHING AND PERSONAL PROTECTIVE EQUIPMENT

 

24.1      It is a requirement that employees wear authorised Mainteck Services issued clothing/uniform, and appropriate personal protective equipment including steel capped boots.

 

24.2      On engagement full time employees shall be issued with one (1) pair of safety boots, four (4) shirts, four (4) trousers and one (1) jacket.

 

24.3      On an annual basis after twelve (12) months continuous service, full time employees shall be entitled to one (1) pair of safety boots, two (2) shirts, two (2) trousers and one (1) jacket.

 

24.4      Employees who leave within the probationary period (3 months) shall reimburse the Company for clothing and personal protective equipment as per the letter of ‘offer for employment’.

 

24.5      Clothing and footwear provided by Mainteck Services shall be replaced by the Company on a fair wear and tear basis after approval from the appropriate Team Leader.

 

24.6      It is a condition of employment that clothing/uniforms provided by the Company to employees be worn at all times during working hours. Employees failing to comply with this request will be managed through the Issue Resolution Process as a non-performance issue.

 

24.7      Records of the type of clothing issued to employees will be recorded by the Company.

 

25.  SUPERANNUATION

 

25.1      Mainteck Services shall contribute the statutory employer superannuation contribution to C+BUS, NESS, EISS or an 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.

 

25.2      The level of contributions will be in accordance with the levels prescribed by the act and varied from time to time.

 

25.3      Employees may voluntarily elect to contribute a proportion of their wages to their nominated superannuation fund.  To do so an employee is required to notify Mainteck Services in writing and Mainteck Services will deduct the authorised amount from the employee's pay and remit it to their superannuation fund.

 

26.  INCOME PROTECTION INSURANCE

 

Permanent employees of Mainteck 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.

 

•       Mainteck Services will contribute up to 1% of an employee’s gross earnings to an income insurance plan, subject to the following:

1.          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.  Alternatively, employees may elect to supplement any additional premium by deduction from their pay.

 

2.          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.

 

3.          Employees will advise the Company of an intended absence at least 30 minutes prior to the commencement of work. A person who, without good reason, does not provide this advice will be counselled.

 

27.  NOTICE BOARDS

 

Mainteck 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 by Mainteck Services.

 

28.  ALTERNATIVE ARRANGEMENTS

 

The Parties (meaning the Union Parties, the Company and employees) to this award may through consultation, mutually agree in writing, to enter into alternative employment arrangements to this award which shall prevail over this Award.  Any changes between the parties will form part of this Award.

 

29.  EMPLOYMENT SECURITY

 

The Parties to this Award believe that the philosophy to employment security is critical and fundamental to the long-term business growth and success of Mainteck and its people.  Employment security may only be achieved when all Parties are working to a common goal/s. It is the intent of Mainteck to align its employees close to the business so that ownership together with employee empowerment will ensure best decisions are made resulting in jobs and employment security.

 

An employee’s employment prospects also lies within the person themselves. In other words the value an employee provides will enhance their employment security, and the Company also recognises the following characteristics are also critical:

 

•       Effort

•       Commitment

•       Loyalty

•       Competence

•       Drive and initiative

•       Team player

•       Ethics

 

No one can guarantee or promise employment security. The performance of the business and the employee are astringently linked. Employees who through regular or gross misconduct will not have employment security for obvious reasons.

 

The Company shall consult with its people on a regular basis regarding performance. Unhealthy performance trends experienced by the Company will be identified and action shall be taken to alleviate or manage undesirable outcomes. The Business Team will take responsibility for this task. 

 

Where downsizing is unavoidable such criteria as seeking volunteers, people’s length of service, skills required and the needs of the business shall be taken into consideration.

 

30.  RIGHT OF ENTRY

 

Any duly accredited representative of the union shall have the right to enter any place or any premises where employees are employed, during normal working hours or when overtime is being worked following notice of the union intention to do so.

 

31.  EMPLOYEE ENTITLEMENT

 

The Redundancy provisions for Mainteck Employees will be managed and guaranteed by Mainteck. The company shall comply with legislation as varied from time to time, that governs the rights and obligations of the parties.

 

A joint team comprising of the following members will be joint signatories and oversee the management of employee redundancy entitlements:

 

•       Mainteck employees (2)

•       Union Official (1)

•       Mainteck Directors (3)

 

The parties will pursue the possibility of a joint or approved fund that may satisfy the intent of this clause.

 

32.  ABANDONMENT OF EMPLOYMENT

 

An employee absent from work for a continuous period of three (3) 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 (2) 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.

 

33.  SERVICE FEE

 

Employees who benefit from the wage rates contained in this Award that are not members of the union shall have a service fee of $8.00 per week deducted from their wages and forwarded to the relevant union/s.

 

34.  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.

 

35.  ANTI-DISCRIMINATION

 

(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".

 

36.  DURESS

 

This Award has not been entered under duress by any of the Parties to the Award.

 

37.  NO DETRIMENTAL

 

This Award does not on balance provide a net detriment to employees covered by the Award when compared with the aggregate package of conditions of employment, which would otherwise apply under the Awards mentioned in Clause 3 (Application and Parties Bound).

 

38.  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

 

39.  PARTIES TO THE AWARD

 

This Award is dated                        day of __________________, 2001

 

 

SIGNED for on behalf of MAINTECK SERVICES AUSTRALIA PTY LTD

 

 

             NAME                                                       SIGNATURE 

 

 

             WITNESS                                                                                                                     

 

SIGNED for on behalf of AUSTRALIAN MANUFACTURING WORKER’S UNION (Registered as AFMEPKIU)

 

 

             NAME                                                       SIGNATURE 

 

             WITNESS                                                                                                                     

 

 

SIGNED for on behalf of the AUSTRALIAN WORKER’S UNION PORT KEMBLA , SOUTH COAST & SOUTHERN HIGHLANDS BRANCH  (AWU)

 

 

             NAME                                                       SIGNATURE 

 

 

             WITNESS

 

 

SIGNED for on behalf of the ELECTRICAL TRADE’S UNION NSW BRANCH (ETU) 

 

 

             NAME                                                                            SIGNATURE

 

 

             WITNESS

 

 

APPENDIX 1 - CONSTRUCTION AND PROJECT WORK

 

This Appendix shall have application only within the Illawarra and Southern Highlands region.

 

Items covered include:

 

             1.          Fares and Travelling Allowance

             2.          Living Away from Home - Distant Construction Sites

             3.          Damage to Clothing and Tools

             4.          Compensation for Tools

 

1.          FARES AND TRAVELING ALLOWANCES

 

The following fares and travel allowances shall be paid to employees working on construction work, on construction sites:

 

(a)        A $12.60 allowance shall be paid to employees on a daily basis whilst working on the construction site located within a radius of 50 kilometres of the GPO in a capital city or where appropriate the Central Post Office of the nearest regional/provincial centre, or from accommodation arranged by the employer.

 

(b)        Payment of the $12.60 allowance is subject to the employee starting and finishing work on the construction site at the usual starting and finishing times. Provided that payment not be made:

 

•       for any day the employee is absent from work

•       for any day where the Company provides transport from where the employee is living and to and from the construction site

•       where accommodation is provided at the construction site

•       where an employee is required to commence or cease work at the employer’s workshop, yard or depot other than on a construction site

 

             (c)        Where an employee travels outside the radius of 50 kilometres to a construction site, a payment at ordinary rates calculated to the next quarter of an hour, with a minimum payment as for half an hour for each return journey in addition to the $12.60 allowance. Where an employee uses their own vehicle a reimbursement of 35 cents per kilometre travelled outside the 50 kilometres shall be made.

(d)        Employees transferred from one job site to another during ordinary working hours shall be paid for time occupied in travelling, unless transported by the employer, shall be reimbursed the reasonable cost of fares by the most convenient public transport between such job sites. Where an employee is requested by the Company to use their own personal vehicle and agrees, an allowance of 65 cents per kilometre shall be paid.

 

(e)        An employee who by agreement with the Company uses their own vehicle during Company time shall be paid an allowance of 65 cents per kilometre.

 

(f)         The travelling allowances prescribed in this clause shall not be taken into account in calculating overtime, penalty rates and Paid Time.

 

2.          LIVING AWAY FROM HOME - DISTANT CONSTRUCTION SITES

 

(a)        A distant construction site is one where the on site construction work because of its distance or lack of travelling facilities available to and from the job site it is necessary for an employee to live and sleep at some place other than their usual place of residence.

 

(b)        Where an employee is sent to a distant construction site the Company may elect to:

 

•       Provide the employee with reasonable board and lodging with three (3) adequate meals per day.

•       Pay the employee $303.00 per week of seven (7) days, or $43.30 per day.

•       Where reasonable board and lodgings is not available and camp accommodation is provided by the Company, an allowance of $3.90 per day shall be made including weekends and public holidays, providing the employee was available to work on those days. This allowance shall not apply where the employer provides free messing.

 

(c)        Where an employee is sent from their usual locality to another, in accordance with sub clause (b), whilst necessarily travelling, be paid travelling time and expenses as follows:

 

•       Rate of pay for travelling is at ordinary rates, except on Sundays and public holidays were it shall be time and a half

 

•       The maximum travelling time to be paid shall be 12 hours out of every 24 hours, or when a sleeping berth is provided by the Company for all-night travel, eight (8) hours out of every 24 hours.

 

(d)        Expenses for the purpose of this clause means:

 

•       All fares reasonably incurred. These include bus, economy air, second class rail travel, except where all night travelling is involved when they shall be first class, with sleeping berth where available.

•       Reasonable expenses incurred whilst travelling include $8.30 for each meal taken.

•       A reasonable allowance to cover the cost incurred for board and lodging.

 

(e)        Engagement of Labour

 

The Company shall be free to engage labour on the site of a job carried on away from the Company facility/workshop, without payment for any travelling time or fares, unless such employee is sent from the facility/workshop.

 

(f)         Weekend Return Home and Rest and Recreation

 

(i)         Where, in accordance with the provisions of subclause b) herein, an employee proceeds to a distant construction site as defined and provided that:

 

(1)        The employer obtains and the employee provides the employer with a statement in writing of their usual place of residence at the time of engagement,

(2)        No subsequent change of address shall vary the entitlements under this clause unless the employer agrees,

 

The following entitlements apply:

 

             (ii)        Weekend Return Home

 

An employee may with the permission of the Company return home during weekends at their own personal costs subject to the following:

 

•       Employee is not absent from the job for any of the ordinary hours

•       Adequate notification is provided to the Company (no later than Tuesday of each week)

•       Employee is not receiving payment for board and lodgings or camping allowance

 

If an employee meets the approval of the Company subject to meeting the above criteria, a payment of $25.70 for each occasion shall be made.

 

             (iii)       Rest and Recreation Rail and Road Travel

 

After two (2) continuous months on a distant construction job and thereafter every three (3) months an employee may return to their usual place of residence at the weekend. Payment shall be made to the amount of a bus or second-class return railway fare to the bus or railway station nearest the employee’s usual place of residence on the pay day, which immediately follows the date on which the employee returns to the job. This is provided the employee returns to work on the morning of the working day following the weekend, and there is no disruption to the job.

 

(iv)       Air Travel

 

Subject to the above provisions contained in Clause (iii) Rest and Recreation Rail and Road Travel, an employee who qualifies for weekend Return Home and Rest Recreation shall be provided with a return air ticket or payment made to an equivalent value when travelling to their usual place of residence if there is no other means of public transport to and from the distant construction site other than by air travel. In these circumstances an employee may return to their usual place of residence after each four (4) months of continuous service, and in each case shall be entitled to two (2) days leave of which one (1) day shall be paid leave.

 

3.          DAMAGE TO CLOTHING AND TOOLS

 

(i)         Employee clothing damaged or completely destroyed whilst in the course of employment shall be replaced by Company.

 

(ii)        Employee personal tools damaged or completely destroyed by the use of acids shall be compensated to the extent of damages sustained.

 

4.          REIMBURSEMENT FOR STOLEN TOOLS

 

An employee shall be eligible for re-imbursement of stolen tools up to the value of $1146.00 subject to:

 

•       Tools being stolen or damaged by fire

•       Tools being securely locked at the Premises of the Company

•       Tools are those normally used for the site

•       Tools stolen or damaged are reported without delay to the Company

•       A list of tools be clearly identified in writing to the Company

•       The employee must report incident to the police prior making a claim

•       Receipts or evidence for tools may be requested by the Company

 

 

 

J. P. GRAYSON  D.P.

 

 

 

 

____________________

 

 

 

 

 

Printed by the authority of the Industrial Registrar.