Refinery Operators Shell Refining
(Australia) Pty Ltd Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Shell
Refining Australia Pty Limited.
(No. IRC 993 of 2006)
Before The Honourable
Justice Marks
|
10 March 2006
|
AWARD
Scheme of
Arrangement
PART 1
APPLICATION AND
OPERATION OF AWARD
1.1 Definitions
1.2 Coverage
of Award
1.3 Commencement
Date and Term of Award
1.4 Review of
Award
1.5 Anti-Discrimination
PART 2
CONSULTATION,
CONTINUOUS IMPROVEMENT AND DISPUTE RESOLUTION
2.1 Ongoing
consultations with the Refinery Operators Group on matters of mutual interest
2.2 Continuous
Improvement
2.3 Dispute
and Grievance Procedure
PART 3
EMPLOYMENT
RELATIONSHIP AND DUTIES
3.1 Contract
of Employment
3.2 Process
Maintenance and Associated Matters
3.3 Operator
Classifications
3.4 Acting Up
3.5 Operator
Job Training
3.6 Category
Structure
PART 4
ANNUALISED SALARY AND
RELATED MATTERS
4.1 Annualised
Salary (Wages)
4.2 Superannuation
Treatment of Annualised Salary
4.3 Payment of
Wages
4.4 Overtime
4.5 Flexible
Hours Allowance
4.6 Clyde
Miscellaneous Allowance
4.7 First
Intervention Team Allowance
4.8 Mixed
Functions
4.9 Transport
Of Employees
4.10 Day
Shiftworkers
PART 5
HOURS OF WORK
5.1 Standard
Hours
5.2 Rosters
5.3 Day
Shiftworker
5.4 Rest
Periods (Ten Hour Break)
PART 6
LEAVE
6.1 Annual
Leave
6.2 Sick Leave
6.3 Long
Service Leave
6.4 Bereavement
Leave
6.5 Parental
Leave
6.6 Personal/Carer's
Leave
6.7 Jury
Service
6.8 Public
Holidays
PART 7
UNION MATTERS
7.1 Right Of
Entry
7.2 Union
Delegate
7.3 Notice
Board
7.4 Union
Business
7.5 Union
Training
7.6 Time in
lieu
7.7 Payroll
Deductions
PART 8
GORE BAY TERMINAL
OPERATIONS
8.1 Boiler
Operation
8.2 Ship
Connections and Disconnections
8.3 Fourth
Operator
8.4 Wharf
Watch
8.5 Shore
Officers
8.6 Gore Bay
Day Liaison Operator
PART 9
LEAVE RESERVED
Gore Bay
Operator Establishment including Sparing (Clause 5.2.2)
Part 1
APPLICATION AND
OPERATION OF AWARD
1.1. Definitions
"Company" means Shell Refining (Australia) Pty Ltd
at Clyde Refinery, Granville and at Gore Bay Terminal.
"Continuous shift worker" means an employee
engaged under this Award on a continuous shift roster.
"Day shift worker" is an employee employed under
this Award engaged on a nine day fortnight basis attracting shift penalties and
other entitlements as if a continuous shift worker.
"Employee" means an employee of the Company who is
engaged within one of the classifications contained within clause 3.3 Operator
Classifications of this Award.
"First Intervention Team (FIT) member" means an
employee engaged under this Award who volunteers to participate in emergency
responses for the term of this Award.
"Operator" means employees employed as Refinery
and Gore Bay Terminal Operators.
"Parties" means Shell Refining (Australia) Pty Ltd
and the Construction, Forestry, Mining and Energy Union (NSW Branch).
"Plant Controller" is a day staff position not
subject to this Award.
"ROG" means Refinery Operator Group represented by
duly elected delegates of the union.
"Shift Controller" is a shift staff position not
subject to this Award.
"Shore Officer" is a shift staff position at the
Gore Bay Terminal.
"Union" means the Construction, Forestry, Mining
and Energy Union (NSW Branch.
1.2. Coverage of
Award
This Award binds Shell Refining (Australia) Pty Ltd, the
Construction, Forestry, Mining and Energy Union (NSW Branch) and employees of
Shell Refining (Australia) Pty Ltd employed at the Clyde Refinery and Gore Bay
Terminal as Refinery Operators:
(a) who are
members or eligible to be members of the CFMEU; and
(b) who are
covered by the classifications set out in clauses 3.3 and 6 of this Award.
1.3. Commencement
Date and Term of Award
1.3.1 This Award
rescinds and replaces the Refinery Operators Shell Refining (Australia) Pty Ltd
Award 2004 published 19 August 2005 (353 I.G. 160) and all variations
thereof.
1.3.2 It shall take
effect from 1 February 2006 and shall remain in force thereafter until 31
January 2009.
1.3.3 It is a term of
this Award that the parties shall make no extra claims unless pursued under the
mechanisms provided for within this Award.
1.4. Review of Award
1.4.1 Not later than
30 October 2008 negotiations will commence for the renewal or otherwise of this
Award.
1.5.
Anti-Discrimination
1.5.1 It is the
intention of the parties bound by this Award to seek to achieve the objects of
the relevant legislation to prevent and eliminate discrimination in the
workplace. This includes discrimination
on the grounds of race, sex, marital status, disability, homosexuality,
transgender identity, age and responsibilities as a carer.
1.5.2 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.
1.5.3 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.
1.5.4 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.
1.5.5 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."
Part 2
CONSULTATION,
CONTINUOUS IMPROVEMENT AND DISPUTE RESOLUTION
2.1. Ongoing
Consultation With the Refinery Operators Group on Matters of Mutual Interest
With the object of strengthening relationships and improving
outcomes in the workplace, the following provisions on recognition,
communication and consultation have been agreed to.
The CFMEU Refinery Operators Group (ROG) Committee,
comprising a maximum of twelve delegates, is recognised as representatives of
the Refinery Operators. The ROG Committee will meet the Company on a needs
basis (normally monthly). Meetings will be held in an efficient way, due regard
being had to all the demands on the parties’ time.
Compensation to Delegates for attending these meetings, who
are not rostered at the time of the meeting, will be in accordance with Clause
7.6 Time in Lieu of this Award.
Delegates who are rostered on at the time of scheduled meetings will be
released to enable attendance where suitable coverage is achieved and shall not
be entitled to Time in Lieu.
At the meetings (and in other forums if the parties agree
that this would be appropriate), the parties will consult on matters of mutual
interest such as -
work organisation;
manning issues for minor and major turnarounds;
continuous improvement;
work-life balance issues;
the introduction and operation of new plant and
equipment;
the site’s Operator People Plan;
any unresolved industrial issues;
any other changes to the business that will have a
significant direct impact on the workforce.
In respect of the Operator People Plan, the parties will
discuss approximately every six months the sparing requirements for the site,
taking into account the following:
leave balances and needs (annual, sick, and/or long
service leave);
long term illness cases;
imminent departures (including resignation or
retirement);
age and experience profiles;
special assignments or Company initiatives;
overtime levels; and
succession planning.
Information will also be shared and discussions held on
strategic issues including but not limited to:
future directions of the Company;
Company results;
forthcoming projects;
Refinery Management Team (RMT) matters;
CFMEU matters; and
Matters arising from Australasian Refinery Operatives
Committee (AROC).
2.1.1 Consultation
process
The Parties will -
aim to achieve consensus on matters over which
consultation occurs;
share where practical information relevant to the
matter under discussion, subject to commercial confidentiality and privacy
considerations;
allow each other the opportunity to express their views
and to contribute in a timely fashion to the resolution of workplace change
matters;
be prepared to put forward considered views in respect
of desired improvements and alternatives as to how such improvements could be
achieved;
assess issues against criteria such as SELL i.e.
"Is it safe, efficient, logical and legal (SELL)?"; and
allow the views of all to be valued and taken into
account.
2.1.2 Reservation of
rights
The consultation process provided for here is not
intended to alter or diminish any rights or conditions of service that a party
enjoys under the Award, unless the parties consent to such a change and the
Award is duly varied.
The parties’ rights under Clause 2.2 Dispute and
Grievance Procedure of this Award in the event of any dispute that may arise in
the course of consultations are reserved.
2.2 Continuous
Improvement
2.2.1 The parties and
employees recognise that the continuous improvement of the technology, plant,
scope of work and responsibilities for Operators, is a key factor in securing
Shell Clyde Refinery and Gore Bay Terminal’s future.
2.2.2 The parties and
employees will seek to mutually agree and implement ways of continuous
improvement.
2.3. Dispute and
Grievance Procedure
Subject to the Industrial Relations Act 1996 or any
Act replacing that Act, any dispute or claim (whether any such dispute or claim
arises out of the operation of this Award or not) as to the wages and/or
conditions of employment of any employee with regard to whom the Company is
bound by this Award and/or as to any other industrial matter pertaining to the
relations of the Company (to whom this Award applies) with employees (with
regard to whom the Company is so bound) shall be settled in the undermentioned
manner:
2.3.1 The matter
shall be first discussed between the employee concerned and the immediate
supervisor.
2.3.2 If not settled
within a reasonable period of time, for example, 7 days, the matter shall be
further discussed between the employee, the Union delegate and the employee's
immediate supervisor.
2.3.3 If not settled
the matter shall be further discussed between the Union delegate and the Human
Resources Department representative of the Company. For matters of a serious nature, a Refinery Operators Group (ROG)
meeting may be convened by either party within seven days of settlement not
being reached.
2.3.4 If not settled,
the matter shall be further discussed between the Union official, the ROG and
the Company.
2.3.5 If the matter
is still not settled, it shall be submitted to the Industrial Relations
Commission of New South Wales and its decision shall be final and shall be
accepted by the parties.
It is the intention of the parties that when the disputes
procedure is invoked the matter in dispute will be dealt with expeditiously and
until the matter is determined, work shall continue normally. Where it is agreed between the parties that
there is an existing custom, work shall continue in accordance with that
custom, but where there is no agreement as to custom, the Company's direction
shall be accepted. No party shall be
prejudiced as to final settlement by the continuance of work in accordance with
this subclause.
Part 3
EMPLOYMENT
RELATIONSHIP AND DUTIES
3.1. Contract of
Employment
3.1.1 To become
entitled to payment in accordance with this Award an employee shall perform
such work as the Company shall, from time to time, require on the days and
during the hours usually worked by the class of employees affected.
3.1.2 An employee not
attending for duty shall lose pay for the actual time of such non-attendance
except where such absence is authorised.
3.1.3 Employment
shall be terminated by a month's notice on either side, given at any time
during the month, or by the payment or forfeiture of a month's wages, as the
case may be. This shall not affect the
right of the Company to dismiss any employee without notice for neglect of duty
or misconduct, and in such cases wages shall be paid up to the time of
dismissal only.
3.1.4 It is a term
and condition of employment and of the obligations and rights accruing under
this Award that an employee shall:
(a) comply with
the orders of the Company to work reasonable overtime at any time during the
seven days of the week at the appropriate remuneration prescribed herein,
provided that the question of what is reasonable overtime shall be determined
in relation to the individual employee concerned, having regard to the
particular circumstances at the time of the order by the Company;
(b) use the
appropriate protective clothing and equipment provided by the Company for
specific circumstances;
(c) comply with
the Company's directions to carry out work required for the safety of
personnel, equipment and product;
(d) become and
remain the holder of any certificates at Company expense which are required by
law to be held by a person performing the duties which the Company allocates to
the employee from time to time;
(e) undertake
responsibilities associated with first aid and emergency response activities as
agreed between the parties which are fully comprehended in the wage rates
provided in Table 1 of the Award. All
Operators will maintain current first aid qualifications at Company expense.
3.1.5 Probation
Period
A new employee shall be regarded as probationary for
the first three months of their engagement.
After an assessment of the employee by the Company during the three
months, the employee may be:
(a) required to
complete the probationary period and then confirmed in the position for which
the employee was engaged;
(b) confirmed in
the position for which the employee was engaged;
(c) given notice
of termination of service in accordance with Clause 3.1.3;
(d) prior to any
notice being given to a probationary employee the Company shall discuss the
matter with the employee and if he or she requires a ROG/CFMEU representative
and determine whether a further period of probation is appropriate.
3.1.6 Refinery/Gore
Bay Terminal Operator Statement of Principle
Assignment by supervisors of tasks not associated with
the prime operating job in any particular circumstances will be limited
naturally by the following criteria:
(a) they will be
associated with the process to which the Operator is engaged;
(b) they will be
capable of being completed within a relatively short time or of being
interrupted or left unattended so as not to distract the Operator from their
prime functions;
(c) if tools are
involved, these will be simple in their utilisation and the task will be
relatively simple and within the ability of the Operator;
(d) in the
assignment of these tasks, an attempt will be made to achieve what is
reasonable and a common sense attitude should prevail. Factors requiring consideration would
include, for example:
(i) the time
available for the performance of the task;
(ii) the
Operator's ability to perform the tasks;
(iii) the
availability of the equipment appropriate to the performance of the task.
3.2. Process
Maintenance and Associated Matters
3.2.1 Process
Maintenance
The functions and responsibilities of all operators
include the clean, safe and effective operation at all times of refining plant
and associated equipment; the evaluation of equipment performance and process
conditions; the execution of running adjustments and minor repairs consistent
with safe and effective operation; the preparation (including the proper
isolation) of equipment for maintenance; the use of hand tools (such as
spanners, wheel keys, wrenches and screw drivers) and of appliances (such as
gas testing and laboratory testing equipment, portable thermometers) as may be
necessary or incidental to the performance of operating functions.
Without limiting the generality of the foregoing,
repairs and adjustments involving use of hand tools, will include the
following:
(a) remove and
replace small valves, plugs and fittings as used for bleeds, drains, vents and
sample connections. (Spades not
included);
(b) connect/disconnect
flexible hoses for use in cleaning, smothering leaks and heating lines;
(c) connect/disconnect
fittings to educt chemicals from containers;
(d) connect/disconnect
hoses on lube oil dispensing bars;
(e) remove
insulation to expose leaks, drains where easily accessible and removable;
(f) remove and
replace pressure gauges;
(g) monitor, drain
and change oil in equipment as required;
(h) adjust and
lubricate glands on valves, cocks;
(i) connect/disconnect
screwed piping and standard fittings for temporary situations such as venting,
draining and steaming out arrangements.
Dismantle simple screwed piping.
(Operators will not thread pipe);
(j) open, clean
and/or replace filters and screens in pipelines and equipment, up to 4"
diameter. Replace filters in lines
greater than 4" diameter, where fitted with V‑lok closures;
(k) tighten
swagelok fittings on pipelines and equipment;
(l) isolate
streams and/or equipment by removing/replacing caps, plugs and blanks on
equipment and piping of diameters of up to and including 4";
(m) connect/disconnect
gas cylinder to manifolds;
(n) in an
emergency, take reasonable action necessary to protect personnel, plant,
equipment and product (eg. fit pipe clamps
on leaks); and
(o) perform any
other similar task not involving the application of the general trade
experience of recognised tradesmen.
3.2.2 Illustrative
Examples of Associated Tasks
(a) Use chemical,
mechanical or steam cleaning devices as necessary.
(b) Install
stick-on signs or stencil information on pipelines and equipment.
(c) Operate
assigned vehicles and mobile equipment.
(d) Connect/disconnect
hoses to equipment (eg. pumps, compressors) and delivery vehicles.
(e) Rack up all
types of hoses used in the performance of associated tasks.
(f) Connect
portable electric leads as required.
(g) Attend to all
equipment lubrication and lubricating devices, grease valves and cocks, clean
lube oil centrifuges, filters.
(h) Clean plugged
or fouled pipelines, drains by:
(i) wrapping with
steam hoses;
(ii) adding
detergent or chemicals; and
(iii) mechanical
rodding in simple cases.
(i) Where easily
accessible and on a "first aid" basis, apply "band aid"
devices to leaks.
(j) After
appropriate training, use explosimeters as an additional safety aid and as
supplementary to existing procedures.
(k) Generally
taking such reasonable action as may be necessary to make a plant area safe,
eg. erecting a simple barrier.
(l) On plant
plots, handle and store materials and/or chemicals.
(m) Use installed
or other lifting devices as are available to aid the performance of a Refinery
Operator's duties.
3.2.3 Team Concept of Operation
(a) It is accepted
that an operator(s) on shift will assist outside their assigned area of
designated responsibility (workload permitting) if they have the knowledge,
ability and experience of the plant in question, however, the following
guidelines will apply:
the operators primary responsibility is to the plant
area they have been assigned to;
that the particular jobs that are assigned to them
outside their designated area (plant) can be left at any time to return to
their designated area (plant), should the operational need arise;
Senior Operators will allocate operators to areas
(plants) as required. This will require
judgement by the Senior Operator as to priorities, planning and the use of
available resources; and
where a call in may be required, the Senior Operator
should consult with the Shift Controller to ensure that both the Shift
Controller and the Senior Operator have all the required information to make an
optimum decision with respect to resource allocation.
(b) Laboratory
Testing - Operators to perform testing on plants in addition to tests performed
currently:
Distillation;
Specific Gravity;
Boiler Chemistry;
Cloud Point;
Colour;
Viscosity;
RSH;
Titration.
3.3 Refinery Operator
Classifications
3.3.1 General
Description
(a) Senior
Operator
An employee appointed as such by the Company who is
qualified, capable and willing to perform all operator duties on an assigned
complex and is responsible for safely and efficiently controlling such complex
under the general supervision of a Shift Controller.
(b) Operator
Trainer
An employee appointed as such by the Company to assist
in the assessment, management and implementation of training and competence
plans in designated areas of responsibility.
The Operator Trainer will primarily work a 9-day
fortnight, however it is foreseeable that situations may arise where it is
appropriate that they spend time on shift. For example
to train others;
to maintain the currency of their own
competencies;
conduct training on new equipment that needs to be
carried out within certain time constraints;
short periods as part of the Operating Shift team
(including but not limited to emergency situations, major complex
start-up/shutdown.
(c) Relief Senior
Operator
An employee appointed as such by the Company who is
qualified, capable and willing to perform safely and efficiently any duties
associated with the process or equipment on an assigned complex as required by
a Senior Operator or Shift Controller under general supervision as necessary.
The Relief Senior Operator is to relieve the Senior
Operator as required.
(d) Rover
An employee appointed as such by the Company who is
qualified, capable and willing to perform safely and efficiently any duties
associated with the process or equipment on an assigned complex as required by
a Senior Operator or Shift Controller under general supervision as necessary.
(e) Panel Operator
An employee appointed as such by the Company to the
position who is qualified and capable of carrying out the operation of a
panel/s within the section.
e.g.
|
Process West
|
Panel 1 (utilities)
|
|
|
Panel 2 (CDU)
|
|
Process East
|
Panel (CCU)
|
|
|
Day Panel
|
(f) Day Liaison
Operator (DLO)
The DLO provides extra resources during day work hours
in the nominated Plant areas/complex.
The DLO will be required to handle the maintenance co‑ordination
and priority setting for day-to-day maintenance work, in conjunction with the
Senior Operator, Shift Controller and/or Plant Controller in addition to
performing operational duties.
The DLO will work a 9-day fortnight and follow the
pattern of maintenance crews on particular plants. The DLO will not provide absentee coverage for shift crews except
at the discretion of the Shift Controller in emergency situations
The appointed DLO will be a minimum category level 5
position as per clause 3.6 Category Structure of this Award i.e. they must be
accredited in all outside operating positions on applicable Plant
areas/complex. DLO’s appointed by the Company will attract a permanent category
increase to the next populated level of the category structure as per clause
3.6 Category Structure of this Award.
The DLO will be required to rotate with other positions
with an incumbent performing this role for approximately 6 - 18 months or
another mutually agreed period. Nominations for the position will be called
for; if no nominations are forthcoming the position will be filled by selection
of the Company on a roster arrangement.
(g) Panel
Component Operator
An employee working under the supervision of a Shift
Controller, Senior Operator or Rover, who is qualified, capable and willing to
perform safely and efficiently such duties as are required by the Company
associated with the process or equipment on an assigned complex.
(h) Plant Operator
An employee who is qualified, capable and willing to
perform safely and efficiently any duties associated with the process or
equipment on an assigned complex as required by a Senior Operator or Shift
Controller under general supervision as necessary
(i) Trainee
Operator
An employee undergoing the necessary orientation and
training to enable safe and efficient performance as an operator.
(j) Other
Operator Roles
During the term of this Award other Operator roles may
be introduced by the Company subject to Operational requirements for a defined
period. These roles may typically be additional to the normal shift complement
and may deal with specific aspects of the plant; technology; operational and/or
planning process; Operator work practices, roles, responsibilities and/or
structures. Examples of such roles include:
Operational Focal Points;
Special Projects Operators.
Payment of the relevant position will be determined by
the Company on a case-by-case scenario in accordance with a category level
specified in clause 3.6 Category Structure of this Award. Hours of work will be
determined by the Company on a case-by-case scenario in accordance with Part 5
- Hours of Work of this Award.
3.3.2 Duties and
Responsibilities
The following lists summarise the duties and
responsibilities of operators. These
duties and responsibilities include but are not limited to the items listed.
(a) Common Duties
& Responsibilities:
(i) Safe, clean
and effective operation at all times of refining plant and associated equipment
and according to instructions issued by the Company through its supervisors.
(ii) Evaluation
and reporting (verbally, written and through computer) of equipment performance
and process conditions.
(iii) Execution of
running adjustments and minor repairs consistent with safe and effective
operation.
(iv) The
preparation and isolation of equipment for maintenance.
(v) The use of
hand tools and equipment as necessary or incidental to the proper performance
of operating functions. This will
include spanners, wheel keys, wrenches and screw drivers, motor vehicles,
forklift trucks, gas testing and laboratory testing equipment, portable
thermometers. The repairs and
adjustments which operators, using hand tools may make are set out in 3.2.1
above. For guidance, illustrative
examples of associated tasks are set out in 3.2.2 above.
(vi) Is required to
be familiar with all manuals, instructions and schedules associated with
safety, operating and training relevant to the complex.
(vii) Is responsible
for ensuring the safe operation of the assigned area including the conduct of
visitors to the plant and contractors working in the area.
(viii) Is required to
relieve in lower category jobs commensurate with knowledge, ability and
experience and expected to undertake training as necessary to perform the
duties as assigned by the Company commensurate with knowledge, ability and
experience.
(ix) Perform
sampling and testing of process variables and equipment.
(x) Minor
administration tasks related to the job will be carried out as necessary.
(xi) Write, review
and amend procedures where appropriate.
Operators will carry out these duties in accordance
with the guidelines agreed by the parties.
NOTE: Procedure writing by "special duties"
Operators (as the sparing ratio allows) should not cause shift Operators to
cover this position with unreasonable levels of overtime.
(xii) Operators will
obtain the necessary WorkCover tickets stipulated in WorkCover regulations and
as required by the Company.
For the term of the Award all refinery F.I.T. members
can obtain a Heavy Rigid Truck Licence (NSW RTA). Gore Bay operators will
obtain a Limited Coxswains ticket.
(xiii) Laboratory
testing will be carried out and the team support concept of operation will
apply as specified in Clause 3.2.3(b)above.
(xiv) Write, review
and issue increased hazard permits.
(xv) Actively
participate on shift in
Job Safety Analysis (JSA);
Hazardous Operability Study (HAZOP);
Pre Incident Plans (PIP) (primarily on FIT training);
Asset Improvement Team (AIT); and
Walk and Talks (including an Operator specific Walk and
Talk programme).
(b) Plant Operator:
(i) Is
responsible to the senior operator on the complex for all aspects of the
operation of the plant to which the operator is assigned. Carries out the instructions of Senior
Operator and Rover as required.
(ii) Liaises
closely with panel operators on all aspects of the control of the process/plant
as required.
(iii) Performs
process monitoring and process stream sampling as required.
(iv) Is required to
have full knowledge of and be willing to relieve in all lower category jobs on
the complex.
(v) Is aware of
the requirement to operate to maximise yields and minimise fuel costs within
the constraints of product specification.
(vi) Participates
in and trains other operators and trainees, commensurate with knowledge,
ability and experience.
(c) Panel
Component Operator:
(i) Carries out
the instructions of senior operators or panel operators as required.
(ii) Is required
to have full knowledge of and be willing to relieve in all lower category jobs
on the complex.
(iii) Participates
in and trains other operators, and trainees, commensurate with knowledge
ability and experience.
(iv) Monitors
performance/operation of equipment via the ICS screens, and liaise with the
panel operator or senior operator as required.
(d) Panel Operator:
(i) Co-ordinates
the work of other operators on the complex.
(ii) Controls the
process through such means as are provided to produce products within
specification limits whilst maximising yields and minimising fuel costs.
(iii) Carries out
the instructions of Senior Operators as required.
(iv) Is required to
have full knowledge of and be willing to relieve in all lower category jobs on
the complex.
(v) Participates
in and trains other operators, and trainees, commensurate with knowledge
ability and experience.
(e) Rover:
(i) Co-ordinates
the work of other operators on the complex.
(ii) Controls the
process through such means as are provided to produce products within
specification limits whilst maximising yields and minimising fuel costs.
(iii) Carries out
the instructions of Senior Operators as required.
(iv) Is required to
have full knowledge of and be willing to relieve in all lower category jobs on
the complex.
(v) Participates
in and trains other operators, and trainees, commensurate with knowledge
ability and experience.
(f) Relief Senior
Operator:
(i) Co-ordinates
the work of other operators on the complex.
(ii) Controls the
process through such means as are provided to produce products within
specification limits whilst maximising yields and minimising fuel costs.
(iii) Carries out
the instructions of Senior Operators as required.
(iv) Is required to
have full knowledge of and be willing to relieve in all lower category jobs on
the complex.
(v) Participates
in and trains other operators, and trainees, commensurate with knowledge
ability and experience.
(vi) Relieve the
appointed Senior Operator when required.
(g) Senior
Operator:
(i) Directs and
coordinates the work of other operators on the complex.
(ii) Interprets,
comments on and carries out the instructions of the Shift Controller.
(iii) Monitors the
safety and efficiency of operation, quality of products and ensures reporting
and sampling are carried out as required.
(iv) Administers
operator overtime and leave.
(v) Liaises with
other units and complexes as required.
(vi) Is required to
follow and to have full knowledge of all manuals, instructions and schedules
associated with safety, operating and training relevant to the complex.
(vii) Ensures that
the operators on the shift are fully trained by administering training and
reporting to the appropriate staff supervisor the future requirements of the
shift.
(viii) Requisitions
and accounts for all necessary process, operational and administrative
materials as required.
(ix) Ensures that
plant and flare surveys are carried out as required.
(x) Provides
assistance, advice and support to operators on the shift as necessary.
(xi) Ensures that
plant safety equipment is checked regularly and any repairs, reordering or
maintenance is performed.
(xii) Assists in the
co-ordination and planning of plant safety meetings.
(xiii) Is expected to
attend senior operator meetings for the complex.
3.4 Acting Up
3.4.1 The parties and
employees recognise that there may be, subject to Operational requirements,
defined periods when Operators are required to act in a classified staff
position i.e. those not covered by clause 1.2 Coverage of Award of this Award.
Examples of such classified staff positions include and
are not limited to:
• Shift
Controller;
• Plant
Controller;
• Scheduler;
• Operations
Safety Compliance Advisor;
• Shore
Officer.
3.4.2 In fulfilling
the position the Operator will undertake the position’s normal duties, roles,
responsibilities and work patterns.
3.4.3 The parties and
employees recognise that the objectives in Acting Up include and are not
limited to:
• The
development and enhancement of career path opportunities for Operators;
• Providing
Operators’ increased job satisfaction;
• Increased
operational flexibility.
3.4.4 The positions
will be filled on the basis of Company appointment.
3.4.5 In recognition
of increased responsibilities, disruption to normal work patterns etc.
Operators appointed to such positions will be paid a suitable additional
payment for the term of their appointment as defined in clause 4.1.2 Allowances
of this Award.
3.5 Operator
Job Training
3.5.1 Aim
To provide an Operator training in the skills and
knowledge necessary to safely, competently and efficiently operate a section of
the Refinery with little to no assistance or supervision.
The parties agree that the training of Operators
requires continuous improvement during the life of the Award. Changes to the
Operator Training system will be implemented after the parties reach agreement.
3.5.2 Scope
The Operator job training will consist of a combination
of theory and practical skills. The
theoretical training will consist of a number of modules on general topics e.g.
H2S safety, HF acid, distillation and those which are specifically job related
e.g. pollution control, emergency procedures etc. The theoretical and practical job training will be structured in
that the operator will be required to demonstrate and complete a number of
tasks under supervision. Many of the
tasks associated with a particular job will be developed "on the job"
by peer training.
3.5.3 Training
The practical training will be carried out on shift and
be conducted by an experienced Operator on shift under the general supervision
of the Shift Senior Operator. The
Operator conducting the training on shift must have completed a job assessment
in the position for which the training is being conducted. The scope of the job being learnt and the
experience of the Trainee will determine the period of being doubled up with
the Operator training him/her. An
operator must successfully complete job assessment in one job before moving on
to another.
3.5.4 Time frame for
Training
In most cases it will be 168 hours doubled up although
this may be extended dependant on individual requirements. It is important that during the 168 hours
that continuity of training be maintained as far as possible but could be
broken if needed to cover some short absence.
However that time would be added onto the Operator's time of training.
A further period of consolidation of up to 560 hours
where the Operator will carry out the duties of the job under the supervision
of the Senior Operator only (This period will be referred to as going
"solo"). During this period
the Operator will be progressively assessed in all tasks and skills related to
the position. This latter period is
discretionary and is dependant on the experience, ability and confidence of the
Operator.
3.5.5 Process
The shift Senior Operator should nominate the
Operator/s for training and should prepare a 12 month plan and discuss the
shift training with the Shift Controller and the Plant Controller. Prospective Trainee's should be made aware
of future training plans relating to themselves.
3.5.6 Job Knowledge
Assessment
At the completion of the going "solo" period
the Operator should have signed each page of the Tasks and Skills booklet
indicating that they consider themselves able to perform the duties relevant to
the job competently and safely. The
Senior Operator will discuss and agree or not that they are satisfied with the
operators knowledge or whether further training is required by going through
the Tasks and Skills book. In order to
ensure equivalent standards are applied across all shifts, the Plant Controller
will carry out a final assessment. The
final assessment is not expected to be an in-depth evaluation of the Operator's
knowledge but rather confirmation that the training and evaluation process has
achieved its aims. When the assessment
has been successful the Plant Controller will initiate the relevant paperwork
and forward it to the Pay Office and the Shift Controller.
3.6 Category Structure
PROCESS EAST
|
PROCESS WEST
|
MOVEMENTS
|
GORE BAY
|
LEVEL
|
Senior Operator
|
Senior Operator
|
Senior Operator
|
Senior Operator
|
9
|
Day Trainer
|
Day Trainer
|
Day Trainer
|
Day Trainer
|
|
|
|
|
|
8
|
Relief Senior
|
Relief Senior
|
Relief Senior
|
Relief Senior
|
7
|
Operator
|
Operator
|
Operator
|
Operator
|
|
|
|
|
|
6
|
Rover/CCU Panel
|
Rover/CDU/Utes
|
|
Rover
|
5
|
|
Panel Operator
|
|
|
|
Panel Component
|
Plat. 3 Outside
|
Panel Component
|
|
4
|
|
Position + 1
|
|
|
|
|
additional Process
|
|
|
|
|
Outside Position
|
|
|
|
1 additional Process
|
1 Additional Process
|
1 Additional
|
Term Operator/
|
3
|
Outside Job
|
Outside Job
|
Movements Outside
|
Boilers
|
|
|
|
Job
|
|
|
2 Process Outside
|
2 Process Outside Job
|
1 Movements Outside
|
Shipping/Wharf
|
2
|
Jobs
|
|
job
|
|
|
Trainee
|
Trainee
|
Trainee
|
Trainee
|
1
|
The requirements for progression through the classification
structure shall be:
LEVEL
|
PROGRESSION
|
PROGRESSION
|
PROGRESSION
|
PROGRESSION
|
|
EAST
|
WEST
|
MOVEMENTS
|
GORE BAY
|
1
|
Commencement
|
Commencement
|
Commencement
|
Commencement
|
2
|
Must complete job
|
Must complete job
|
Must complete job
|
Must complete
|
|
assessment on two
|
assessment on two
|
assessment on one
|
job assessment
|
|
PE outside positions.
|
PW outside positions.
|
Movements outside
|
on Shipping/Wharf
|
|
|
|
position.
|
position.
|
3
|
Must complete job
|
Must complete job
|
Must complete job
|
Must complete
|
|
assessment on three
|
assessment on three
|
assessment on two
|
job assessment
|
|
PE outside positions
|
PW outside positions.
|
Movements outside
|
for Terminal
|
|
A two year minimum
|
A two year minimum
|
positions.
|
Operator/Boilers
|
|
experience applies.
|
experience applies.
|
A two year minimum
|
position.
|
|
Note: Job assessment
|
|
experience applies.
|
|
|
on Alkylation outside
|
|
Note: Job assessment
|
|
|
position must be
|
|
on all Movements
|
|
|
completed before
|
|
outside positions must
|
|
|
Panel Component
|
|
be completed before
|
|
|
training can
|
|
Panel Component
|
|
|
commence.
|
|
assessment can
|
|
|
|
|
commence.
|
|
4
|
Must complete job
|
Must complete job
|
Must complete job
|
Must complete
|
|
assessment on all PE
|
assessment on all
|
assessment on all
|
job assessment
|
|
outside positions, and
|
PW outside positions,
|
Movements outside
|
for Rover position.
|
|
Panel Component
|
|
positions, & Panel
|
|
|
position.
|
|
Component position.
|
|
5
|
BY APPOINTMENT
|
BY APPOINTMENT
|
|
|
|
Must complete job
|
Must complete job
|
|
|
|
assessment on all PE
|
assessment on all PW
|
|
|
|
outside positions,
|
outside positions, and
|
|
|
|
Panel Component
|
one Panel position
|
|
|
|
position and CCU
|
(CDU or Utes).
|
|
|
|
Panel position.
|
A four year minimum
|
|
|
|
A four year minimum
|
experience applies.
|
|
|
|
experience applies.
|
|
|
|
6/7/8/9
|
BY APPOINTMENT
|
BY APPOINTMENT
|
BY APPOINTMENT
|
BY APPOINTMENT
|
|
Must complete job
|
Must complete job
|
Must complete job
|
Must complete job
|
|
assessment on all
|
assessment on all
|
assessment on all
|
assessment on all
|
|
lower level position
|
lower level position
|
lower level position
|
lower level position
|
|
and acting Senior
|
and acting Senior
|
and acting Senior
|
and acting Senior
|
|
Operator position.
|
Operator position.
|
Operator position.
|
Operator position.
|
NOTE: The above category structure and requirements for
progression may also be varied via the Operator Establishment Levels &
Category Structure Review provided for in Part 9 Leave Reserved of this Award.
EXPLANATORY NOTES
1. The nominated
Senior Operator will be expected to fulfil the duties of the Senior Operator at
all times other than when absent from the shift eg. annual leave, sickness, etc, refresher training on the panel or
when a training acting senior operator is consolidating in the position. During the nominated Senior Operators
absence any relief senior operator acting in the Senior Operator position will be
paid at acting senior operator rates.
Senior Operators will be offered the opportunity of
obtaining Certificate IV Workplace Training and Assessment training at the
Company’s expense for the life of the Award.
2. Where there
is more than one relief Senior Operator on a given shift, the relief senior
operator who covers the majority of the incumbent senior operator's rostered
absence (i.e. annual leave, refresher training) will be paid acting Senior
Operator rates for their own annual leave in that calendar year.
3. Only one
relief Senior Operator on any given plant/shift will be paid acting Senior
Operator rates on their annual leave in any given calendar year.
4. Operators
move upwards in category level based on all job assessments completed at
present level, experience level and first job completed at higher level. Once operators move to a higher level they
must complete training/job assessment in all jobs at the new level.
5. Progression
through refinery outside positions, i.e. level 2 and level 3, does not require
jobs to be learnt in any specific order, as number of jobs learnt and
experience determines level movement, not what jobs are learnt.
CCU - alkylation position must be learnt before panel
component
Movements - Movements outside jobs must be completed
before panel component. assessment.
6. Appointment
to the positions of panel operator on the process plants and relief senior
operator on all plants will be at the discretion of management premised on a
needs basis.
These positions will be advertised.
The Company commits to a minimum of two (2) Relief
Senior Operators on each shift at Gore Bay and Movements and three (3) Relief
Senior Operators on Process East and West per shift, provided:
(a) those
operators to be trained have the necessary capabilities and competencies as set
out in Clause 3.3 of this Award; and
(b) Where a Relief
Senior Operator is appointed by the Company as the DLO on a plant/complex, this
shall be counted as a Relief Senior Operator for the above purposes
7. The minimum
experience guideline may in certain cases be put aside at the discretion of the
Company.
8. An Operator
shall be eligible for appointment to the next designated position on the plant
to which the employee is assigned:
(a) when the
operator has demonstrated to the satisfaction of the Company that the employee
has the ability, knowledge, skills and qualifications and is willing to perform
all operator jobs on the assigned plant or complex;
(b) has obtained
the knowledge, skills and qualifications necessary to perform the next
designated position;
(c) is willing,
commensurate with ability, to obtain the knowledge, skills and qualifications
necessary to be eligible for appointment to all higher category positions.
Part 4
Annualised Salary and Related Matters
4.1 Annualised Salary (Wages)
Any employee of a classification as set out in Clause
3.6 of this Award, shall be paid per month the wage assigned to that
classification contained in Table 1 of this Award. The rates of pay recognise the total scope of work performed by
operators (including first aid, emergency response, and fire control
activities) at the making of this Award.
The annualised salary is defined to include the following components:
Base Rate - standard pay for a 35 hour week.
Shift penalty - 41.86% of base rate (incorporating a
public holiday allowance of 7.1%).
Flexible Hours Allowance - 3 hours per week at overtime
(double time) rates (see Clause 4.5 below).
Clyde Miscellaneous Allowance - replacing previously
paid allowances for meals, telephone, travel time and use of own car (except
for Gore Bay operators required to travel between Gore Bay and Clyde
Refinery). See Clause 4.1.2 Allowances
and 4.6 Clyde Miscellaneous Allowance below.
First Intervention Team Allowance (if applicable) - See
Clause 4.7 First Intervention Team Allowance below.
4.1.1 Wage Rates
The base wage rates ($ per annum) to be paid under this
Award are listed in Table 1 below.
TABLE - 1
CATEGORY/DATE
|
1 SEPTEMBER 2006
|
1 FEBRUARY 2007
|
1 FEBRUARY 2008
|
1
|
$40,788
|
$ 42,420
|
$ 44,116
|
2
|
$53,038
|
$ 55,160
|
$ 57,366
|
3
|
$56,117
|
$ 58,362
|
$ 60,696
|
4
|
$57,485
|
$ 59,784
|
$ 62,176
|
5
|
$61,934
|
$ 64,411
|
$ 66,988
|
6
|
$63,440
|
$ 65,978
|
$ 68,617
|
7
|
$64,330
|
$ 66,903
|
$ 69,579
|
8
|
$67,135
|
$ 69,820
|
$ 72,613
|
9
|
$68,572
|
$ 71,315
|
$ 74,167
|
4.1.2 Allowances
Change of shift allowance - Twelve (12) hours at single
time.
Shift Premium (including Public Holiday premia) -
41.86% of base wage.
Clyde Miscellaneous Allowance - will be paid at the
rate of $2278; $2369 effective as of 1 September 2006; $2464 effective 1
February 2007; $2562 effective 1 February 2008 and will be increased by the
same percentage movements as the base wage thereafter.
Flexible Hours Allowance - 3 hours per week at overtime
(double time) rate.
First Intervention Team (FIT) Allowance - $3000 per
annum see 4.7 First Intervention Team Allowance below.
Acting Up Payment - $40.00 per 8 hour shift worked or
$60.00 per 12 hour shift worked. The Acting Up Payment is not an "all
purpose" allowance and will not increase during the term of this Award.
4.2 Superannuation Treatment of Annualised
Salary
The annualised salary will be treated in the following
manner for superannuation purposes:
Base salary - retrospectively pensionable;
Shift penalty - prospectively pensionable;
Flexible Hours Allowance - prospectively pensionable;
Clyde Miscellaneous Allowance - retrospectively
pensionable;
Overtime Payments - not pensionable;
FIT Allowance (if applicable) - not pensionable;
Acting Up Payment - prospectively pensionable.
For the purposes of this clause "retrospectively
pensionable" means commencing from the date the employee joined the
superannuation fund and for any periods of service bought back by the employee.
For the purposes of this clause "prospectively
pensionable" means for all periods that the relevant allowance was paid to
the employee.
4.3 Payment Of Wages
4.3.1 Wages and
allowances shall be paid monthly by electronic funds transfer into a bank
account nominated by the employee. In
the event of a failure in the banking system causing late lodgement of payment
to an employee's financial institution account, payment will be effected by
cash, cheque or electronic funds transfer in accordance with arrangements made
locally.
4.3.2 Upon
termination of employment, wages due to an employee shall be paid to the
employee on the day of such termination or forwarded to the employee by post on
the next working day.
4.3.3 It shall be a
full discharge of the obligations and rights accruing from week to week under
Clause 5.2, Rosters, to average over a full shift cycle the payments accruing
from shift work to a shift worker. This
provision shall apply even if a shift worker fails for any reason to work a
full shift cycle.
4.3.4 During the term
of this Award the Company undertakes to continue payment of wages on the 20th
of each month.
4.4 Overtime
All overtime will be paid at the rate of double time.
Overtime will be for a minimum of six hours.
Overtime worked on designated public holidays will be
paid at the rate of triple time.
4.5 Flexible Hours Allowance
The Flexible Hours Allowance (FHA) is set at three (3)
hours per week at overtime rates. The
FHA is not to be viewed as a bank of hours which has to be all worked.
The FHA covers the following items:
those agreed items in Table 2 below;
casual absences of up to and including four (4)
consecutive 12 hour shifts due to illness, injury, jury duty, bereavement
leave, personal/carers leave and parental leave; and
plant restarts of up to and including four (4)
consecutive 12 hour shifts.
If a casual absence continues for a period of over four
shifts on consecutive days all operators involved in using FHA will be paid
overtime back to the start of the absence.
"Consecutive" is defined as including an
absence that extends across a shift break where that absence is covered by
medical certificate/s.
If a plant restart continues for a period of over 48
consecutive hours all operators involved in using FHA will be paid overtime
back to the start of the plant restart period.
The operation of the FHA will be reviewed by a
Monitoring Committee on a monthly basis for the term of this Award.
Overtime hours should be used in the following
circumstances:
(a) shortfalls in
the roster that are the result of Company agreed annual leave, long service
leave or Operators assigned to special projects;
(b) shortfalls in
the roster that are the result of training necessary for restructuring or
Company initiated category progression training;
(c) light duties
(inability to fulfil any normal duties);
(d) study leave (for
current students) and where such leave is granted by the Company in the future;
(e) defence
training;
(f) bush fire
brigade (voluntary) absences for fire fighting;
(g) sporting leave
(including the Zaaire Cup). This leave
is not often used and will be granted at the discretion of the Company and if
agreed overtime will be paid;
(h) sickness that
results in continuous on/off absence from work or for regular ongoing
treatment; and
(i) restricted
duties (i.e. time or function limited
duties).
Table 2 - Agreed
Items under the Clyde Flexible Hours Allowance (FHA)
|
INCLUDED
|
EXCLUDED
|
All Areas
|
Operator caught back awaiting
relief on shift
|
Minor and major programmed
shutdowns
|
|
Short term operational tasks
previously
|
Special Projects
|
|
requiring an extra man
|
Union time defined as Pre-ROG
meetings,
|
|
|
Company/ROG meetings and
relevant
|
|
|
Award provisions
|
|
|
Time in Lieu
|
|
|
OH &S defined as monthly
HSE meetings
|
|
|
Company initiated meetings
|
Process East
|
Poly reactors loading
|
Skid tanker (HF)
|
|
CCU Catalyst unloading to
tankers
|
|
|
SRU startups
|
|
|
"Golden" valves
|
|
|
Trip checks
|
|
Process West
|
T/A's
|
|
|
HVU/Panel on startups
|
|
|
"Golden" valves
|
|
Gore Bay
|
Hose changes (shipping)
|
Shipping wharf cover
|
|
Meal relief after hours
(Amorena)
|
Shipping hookups
|
|
Tank dipping (enraf failure)
|
Company initiated medicals
|
Movements*
|
Process water tank drainage
|
EBARA pumps
|
|
OMOSS System
|
Pollution control
|
|
|
Retention basin (subject to EPA
|
|
|
determination)
|
|
|
Diesel pump
|
|
|
Tank water draining other than
process
|
|
|
water
|
|
|
Flow on work from shutdowns
|
|
|
Tank coming "OOS"
|
*It is agreed by the parties to this Award that every
endeavour must be made to complete tasks with normal shift crewing. Additional operators to carry out tasks can
only be authorised by the Shift Controller in conjunction with the Senior
Operator and when this occurs overtime will be paid (refer Clause 3.2.3 above).
4.6 Clyde Miscellaneous Allowance
The Clyde Miscellaneous Allowance will be paid at the
rate specified in clause 4.1.2 Allowances of this Award.
A meal money provision of $603.20 (65 Meals x $9.28)
per annum is incorporated in this allowance.
4.7 First Intervention Team Allowance
A First Intervention Team (FIT) Allowance of $3000 per
annum will be paid for eligible employees.
All Gore Bay Operators will be members of the FIT
except where special personal circumstances exist.
The FIT will be established on the following basis:
At all times the FIT complement is to be a minimum of
60 Operators. It is a condition of employment that all Operators employed on or
after 1st October 2004 can be directed by the Company to be on the FIT;
The Shift Controller will ensure that a minimum of 6
FIT members will be available from the shift to respond to emergencies at the
Clyde site at all times;
Day shiftworkers who are suitably accredited FIT
members will be available as additional FIT members at the discretion of the
Incident Commander. Day shift workers who are FIT qualified will report to the
Shift Controller at the start of every shift and notify them of their day’s
roster.
all FIT members are required to have current medicals;
FIT members will be required to remain part of the FIT
for the term of this Award;
The parties agree that FIT members will not be required
to respond to confined space rescues;
FIT members will respond to pipeline emergencies and
oil spill responses; and
For the life of the Award training for FIT members will
be on the basis of a minimum 2 x 12 hour days at overtime rates during the year
of attendance at the Advanced Fire training course. The alternate year will
consist of a minimum of 3 x 12 hour days at overtime rates. The Shift Controller will ensure that each
FIT member undertakes the appropriate training. Training should be arranged in
consultation with the shift’s FIT.
4.8 Mixed Functions
An employee engaged on any shift, on work carrying a
higher rate than the employee's ordinary classification shall be paid the
higher rate for the whole of the employee's ordinary working hours on that day
or shift.
4.9 Transport Of Employees
When an employee, after having worked overtime, or a
shift for which the employee has not been rostered, finishes work at a time
when the employee's normal means of transport or reasonable means of public
transport are not available, the Company shall provide the employee with
transport to the employee's home and return, or pay the employee at the
employee's ordinary-time rates for the time reasonably occupied in reaching
his/her home.
4.10 Day Shiftworkers
A Day Shiftworker (including new Operators undertaking
their initial training) shall be paid shift penalties and other entitlements as
if a continuous shiftworker (see 5.3 below).
Part 5
Hours of Work
5.1 Standard Hours
Subject to 5.2 below the ordinary hours of work for
Operators employed under this Award will be an average of 35 hours per week
worked in accordance with the Standard Hours (Oil Companies) Award 2003 (being
an Award of the Australian Industrial Relations Commission).
5.2 Rosters
5.2.1 Twelve (12) hour shifts
(a) The Company
will require employees under this Award to work in accordance with a twelve
(12) hour five (5) panel shift roster.
(b) This clause
shall apply to shift work arranged for continuous and successive shifts
throughout a week of 168 working hours.
The ordinary hours of such shift workers shall be in accordance with
clause 4.1 and sub-clause 5.4 of the Standard Hours (Oil Companies) Award 2003
provided however that subparagraphs 5.4.2 of the Standard Hours (Oil Companies)
Award 2003 shall not apply.
(c) No employee
under this Award is to work beyond 14 hours at a time on a single shift.
5.2.2 Operator
Establishment including Sparing
It is agreed that the operator establishment complement
including sparing will be as follows:
Table 3 - Operator
Establishment levels including sparing
|
PROCESS
|
PROCESS
|
MOVEMENTS
|
GORE BAY
|
TOTAL
|
|
EAST
|
WEST
|
|
|
|
Shift Positions
|
30
|
45
|
15
|
15
|
105
|
Spares*
|
7
|
10
|
4
|
5
|
26
|
Day shift workers
|
2
|
2
|
2
|
1
|
7
|
Total
|
39
|
57
|
21
|
21
|
138
|
NOTE (1): As per the People Planning provision of clause 2.1
Ongoing consultations with the Refinery Operators Group on matters of mutual
interest of this Award the number of Spares may be varied by the parties
through the consultation process.
NOTE (2): The above Operator Establishment Levels may be varied
via the Operator Establishment Levels & Category Structure Review provided
for in Part 9 Leave Reserved of this Award.
5.2.3 Recruitment
Upon an employee providing written advice of
resignation of employment the recruitment process will be initiated when the
establishment number of Operators falls below 138 during the term of this Award
unless the number of Operators exceeds 138 at the time of that
resignation.
5.2.4 Time Owed from
Roster
The 72.8 hours which arises as a function of the shift
roster shortfall in hours below an average of 35 hours per week during each
roster cycle will be absorbed into the roster as additional shifts and/or
training time.
Time owed from the roster will be dealt with on the
following basis:
four (4) twelve (12) hour training days will be
rostered for each shift throughout the year for generic training
two (2) additional days of twelve hours duration will
be rostered each year. Employees may
elect to offset these hours against annual leave, long service leave or carry
24 hours over into the next calendar year.
5.2.5 Standby Roster
Standby rosters will be established for the coverage of
FHA and overtime.
5.2.6 Hours
(a) An average of
35 hours per week shall be worked over the complete shift cycle.
(b) The ordinary
hours of such shift workers shall not exceed twelve (12) in any day, inclusive
of crib time.
(c) Shift
Transfers:
Until the expiration of 5 days notice of the specified
shift on which the employee is to work, an employee shall, for all time worked
on that specified shift be paid at the rate of double time.
(d) Day and Night
Shift Spread of Hours:
(i) "Day
Shift" means any shift commencing after 6.00 a.m. and finishing at or
before 7.00 p.m., where such shift forms part of a rotating or alternating
shift work pattern.
(ii) "Night
shift" means any shift commencing on or before 7.00p.m. and finishing
before 8 a.m.
(e) Sunday Work:
The minimum rate to be paid to a shift worker for work
performed on a shift the major portion of which falls between midnight on
Saturday and midnight on Sunday shall be double time.
(f) Extra Rates
not Cumulative:
The rates provided in paragraph (e) of this subclause
shall be in substitution for and not cumulative upon the shift allowance
prescribed in Clause 4.1 of this Award.
(g) Overtime:
Shift workers for all time worked in excess of or
outside the ordinary working hours prescribed by this Award shall be paid at
the rate of double time; provided that no continuous shift worker shall be paid
for overtime worked at any time at a lesser rate than is payable to an employee
performing their normal shift at such time.
(h) Meal Interval:
Twenty minutes shall be allowed to all shift workers
each shift for crib which shall be counted as time worked. An employee shall not be required to work
for more than five hours without a break for a meal.
(i) Calculation
of Working Times:
The hours of work shall commence and finish at the
plant or facilities where work is to be performed.
(j) Cancellation
of Overtime:
(i) If notice
cancelling the instruction is sent or telephoned to the employee's registered
address before the employee would normally have left to commence work, the
employee shall be paid a minimum of six hours at the employee's ordinary-time
rate of pay in the case of overtime scheduled on a day on which an employee is
not rostered to work an ordinary shift.
Provided that an additional penalty shall not be
payable if the employee is not at the registered address when notice of
cancellation is delivered or telephoned and the employee subsequently reports
for work.
(ii) For the
purpose of this clause registered address shall mean the address recorded by
the employer.
5.3 Day
Shiftworker Roster and Hours
Continuous shift workers who from time to time may be
assigned to Day Shiftworker duties only shall be rostered to work an eight (8)
hour day shift on a nine (9) day fortnight basis. Meal breaks shall be in accordance with those of continuous shift
workers and shall be counted as time worked.
5.4 Rest Periods (Ten Hour Break)
The Union and the Company agree that appropriate rest
periods should be taken between successive work periods.
Accordingly, the Union, their members and the Company
will cooperate in establishing work arrangements which will provide for rest
periods of at least 10 hours for shift workers without loss of pay during such
absence.
If on the instructions of the Company an employee
resumes or continues work without having a 10 hour break the employee shall be
paid overtime until being released from duty and the employee shall be entitled
to 10 consecutive hours off duty without loss of pay during such absence.
Part 6
LEAVE
6.1 Annual Leave
The underlying entitlement of employees under this
Award is the Annual Holidays Act 1944, as amended.
6.1.1 In addition to
the leave hereinbefore prescribed, seven-day shift workers, that is shift
workers who are rostered to work regularly on Sundays and holidays, shall be
allowed seven consecutive days leave including non-working days.
6.1.2 Where an
employee with twelve months' service is engaged for part of the twelve-month
period as a seven-day shift worker, the employee shall be entitled to have the
period of leave prescribed in sub-clause 6.1.1 of this clause increased by half
a day for each month the employee is engaged continuously, as aforesaid.
6.1.3 Shift workers
on continuous shift shall, during their absence or annual leave, be paid as if
at work. The shift penalty (see 4.1
above) is in lieu of a 22½ % annual leave loading.
6.1.4 Local
arrangements provide for 248 hours annual leave per annum for continuous shift
workers.
6.1.5 Public holidays
will be credited if they fall during the leave period, and the leave will be
extended by one day for each Public holiday.
6.2 Sick Leave
6.2.1 An employee who
is absent from work on account of personal illness or incapacity shall be
entitled to leave of absence without deduction of pay subject to the following
conditions and limitations:
(a) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to worker's compensation.
(b) Where
practicable the employee shall notify the nominated representative of the
Company prior to the commencement of the employee's next period of work, and in
any case the employee shall within 24 hours of the commencement of such absence
inform the Company of the employee's inability to attend for duty and, as far
as practicable, state the nature of the illness or incapacity and the estimated
duration of the absence.
(c) The employee
shall prove on account of such illness or incapacity that the employee was
unable to attend for duty on the day or days for which sick leave is claimed.
(d) The employee
shall not be entitled in respect of any year of service with the Company to
leave in excess of five (5) days in the first year of service and ten (10) days
in any subsequent year of service.
Provided that sick leave shall accumulate from year to year so that any
balance of the period specified herein which has in any year not been allowed
to an employee by the Company as paid sick leave may be claimed by the employee
and subject to the conditions hereinbefore prescribed shall be allowed by that
Company in a subsequent year without diminution of the sick leave prescribed in
respect of the year. Provided further
that sick leave which accumulates pursuant to this subclause shall be available
to the employee for a period of 10 years but no longer from the end of the year
in which it accrues.
6.2.2 An employee is
not entitled to sick leave for more than two absences each of a single day in
any one year of service without the production (if requested by the Company) of
a certificate, from a qualified medical practitioner. Nothing in this subclause shall limit the Company's rights under
paragraph (c) of subclause 6.2.1 hereof.
6.3 Long Service Leave
Employees accrue long service leave at the rate of 520
hours for each ten (10) years of service.
The provisions of the Oil Industry (Long Service Leave)
Award 2000 are deemed to regulate long service leave for the purposes of this
Award, and in so far as that Award and the Long Service Leave Act 1955
are inconsistent, the Oil Industry (Long Service Leave) Award 2000 shall
prevail.
6.3.1 Long Service
Leave Key Entitlements
6.3.1.1 Amount of Leave:
After 1 Jan 1985
(a) The amount of
long service leave entitlement for an employee who has completed at least ten
years service with the Company from 1 January 1985, will be:
(i) thirteen
consecutive weeks' leave for ten years so completed;
(ii) thirteen
consecutive weeks' leave in respect of each ten years' service since the
previous long service leave entitlement; and
(iii) on the
termination of the employee's employment, a proportionate amount calculated on
the basis of thirteen consecutive weeks' leave for ten years' service, for the
number of years served since the previous long service leave entitlement.
(b) In the case of
an employee who has completed at least five years' service with the Company,
and who is terminated for any cause other than serious or wilful misconduct,
the entitlement is based on a proportionate amount of thirteen consecutive
weeks' leave for ten years' service.
(c) For continuous
shift workers, the entitlement to long service leave is granted in working
shifts and not calendar weeks.
Therefore the ten year service entitlement to long service leave is not
thirteen calendar weeks, but 43.3 12 hour shifts (520 hours).
6.3.1.2 Amount of
Leave: Prior 1 January 1985
For an employee who commenced employment prior to 1
January 1985, the amount of long service leave entitlement is the sum of the
following:
(a) for service
prior to 1 April 1963, thirteen weeks consecutive weeks leave after twenty
years' continuous service;
(b) for service
between 1 April 1963 and 31 December 1984, thirteen consecutive weeks' leave
after fifteen years' continuous service.
6.3.1.3 Payment for
Period of Leave or Upon Termination of Employment
Payment on long service leave will be made at the
employee's ordinary rate of pay and will include:
Basic Rate;
Shift premia (including Public Holiday Allowance);
Clyde Miscellaneous Allowance;
Flexible Hours Allowance (FHA);
FIT Allowance (if applicable).
6.3.1.4 Taking of Leave
Accrued long service leave may be taken as soon as
practicable after the accrual date, having regards to the needs of the Company,
or at such times as agreed between the Company and the employee.
Public holidays will be credited if they fall during
the leave period, and the leave will be extended by one day for each Public
holiday.
6.3.1.5 Granting Leave in
Advance
In special circumstances, provided that an employee has
completed at least five years' service, the Company may grant long service
leave before it has accrued. No further
leave entitlement will occur until the next accrued date. If the employee leaves the Company before
the leave has accrued, the Company will deduct from final pay the value of any
excess leave taken.
6.3.1.6 Payments on
Leaving the Company
On the termination of service, any long service leave
to which the employee was entitled but has not been taken, shall be paid in
line with the Oil Industry (Long Service Leave) Award 2000.
Upon termination of service with the Company long
service leave will be paid out as if the employee were at work.
6.4 Bereavement Leave
An employee shall be entitled to a maximum of three
days' leave without loss of pay on each occasion and on the production of
satisfactory evidence of the death of the employees' husband, wife, father,
mother, sister, brother, child, step-child or parents-in-law, grandparents or
grandchildren. For the purpose of this
clause the words "wife" and "husband" shall include de
facto wife or husband or life partner, and the words "father" and
"mother" shall include foster father and mother.
6.5 Parental Leave
An employee shall be entitled to Parental Leave as
defined in the relevant legislation, and granted as per Company Policy
documented in the Personnel Policy Manual.
6.6 Personal/Carer's Leave
The provisions as determined by the State
Personal/Carer's Leave Case - August 1996 (68 IR 308) and the State
Personal/Carer's Case 1998 (Unreported 10 December 1998) are deemed to regulate
Personal/carer's leave for the purposes of this Award.
6.7 Jury Service
Subject to the production of satisfactory evidence, an
employee required to be absent from work due to jury service will be reimbursed
by the Company for any loss of wages.
Employees are not expected to attend work on weekends
during a period of continuous jury duty where that jury duty bridges any
weekend.
6.8 Public Holidays
6.8.1 Unless the
employee is required to work by the Company, an employee shall be entitled to
the following public holidays without deduction of pay: New Year's Day, Australia Day, Good Friday,
Easter Monday, Easter Tuesday, Anzac Day, the Queen's Birthday, August Bank
Holiday, Eight-hour Day, Christmas Day, Boxing Day, and any other additional
day proclaimed as a holiday throughout the State.
6.8.2 When Anzac Day
falls on a Saturday or a Sunday, the following Monday or the day gazetted by
State Government of New South Wales to be observed as the Anzac Day holiday
shall be substituted for Anzac Day.
6.8.3 An employee
called upon to work overtime on any of the holidays above shall be notified the
day before and shall be paid triple time for all time worked with a minimum
payment of six hours.
6.8.4 The rates
hereinbefore prescribed in this sub-clause shall, in the case of all shift
work, be deemed to include all shift allowances prescribed in Table 1 of this
Award.
6.8.5 An employee
notified to attend for work on a holiday which is not so worked shall be paid
at holiday rates for six hours.
Provided that this subclause shall not apply where an employee who has
already been notified to attend for work is given a minimum of 24 hours' notice
that the attendance is not so required.
6.8.6 When an
employee is absent from work on the working day before or the working day after
a public holiday without reasonable excuse or without the consent of the
employer, the employee shall not be entitled to payment for such holiday.
Part 7
Union Matters
The parties to this Award recognise that Union membership
and employee involvement through their Union provides a positive contribution
to effective and productive performance.
The Company recognises the role of the Union in representing
employees as well as the need to develop and maintain effective communications.
7.1 Right Of Entry
See Chapter 5, Part 7 of the Industrial Relations
Act 1996.
7.2 Union Delegate
An employee appointed Union Delegate shall upon proper
notification by the Union to the Company, be recognised as the accredited
representative of the Union and shall be allowed the necessary time during
working hours to interview the Company or the Company's representative on
matters affecting the employees whom the delegate represents, but the employee
must first obtain permission from the supervisor to leave the employee's place
of work.
7.3 Notice Board
The Company shall permit the Union to display on notice
boards any notice dealing with legitimate Union business, provided that such
notice is authenticated by the signature of an accredited representative of the
Union.
7.4 Union Business
The ROG will be allowed paid time on 20 working days
per annum to attend to union business including but not limited to:
(a) CFMEU Board of
Management and Executive;
(b) Australasian
Refinery Operatives Committee (AROC);
(c) Trade Union
Training Authority (TUTA or its successors) training.
7.5 Union Training
The Company shall provide access to authorised CFMEU
training by agreement with the ROG.
7.6 Time in lieu
Time in Lieu is granted to continuous shift operators
(including ROG members) who are rostered off but are required by the Company to
attend activities outlined in Table 2 of clause 4.5 of this Award.
Time in lieu will be granted by the Company in six or
twelve hour blocks.
7.7 Payroll
Deductions
The Company shall, with the employee’s consent, deduct
union dues from the employees monthly pay and remit such deductions to the
Union.
Part 8
Gore Bay Terminal
Operations
8.1 Boiler Operation
The boiler will be operated with remote attendance by
any ticketed operator from the panel room, and as required, from the boiler
house. The current boiler operator will
be assigned the following duties:
routine attendance of the boiler (unattended for up to
20 minutes);
logging of the boilers and the air compressor;
water testing;
loading of the Amorena of normal loads;
loading of tugs, FSI road wagon or drums;
tank gauging checks;
assist the shift in normal operation when required.
8.2 Ship Connections and Disconnections
Ship connections and disconnections employees will be
completed by operators within the current crew numbers. An accreditation program to ensure that all
operators are fully aware of the requirements for ship
connections/disconnections will be required.
8.3 Fourth Operator
The fourth operator, when not covering annual leave,
long service leave and training, will cover the following duties:
• casual
absences;
• loading
navy gas oil to Amorena;
• forming
part of the hook-up crew when lube oil bunkers are required;
• checking
the fire system i.e. Base foam system with the ESO’s, base;
• foam
valves and pump circulation, and fire boxes;
• project
work;
• wharf
watch (refer 8.4 below).
8.4 Wharf Watch
Use of Fourth Operator: whenever possible, wharf watch is to be covered by the fourth
operator on shift. This will need to be
balanced by other demands on the use of the fourth operator.
Relief Management:
to provide relief for the assigned wharf watch operator, an extra
operator will be provided for a single six-hour period during day shift. Relief is otherwise to be provided by the
on-shift crew, or if a necessarily deemed requirement, an extra operator may be
arranged at the Senior Operator's discretion.
Example: if the
Amorena requires loading during afternoon shift, it is anticipated that the
Senior Operator may arrange an extra operator.
8.5 Shore Officers
Number of Reliefs:
three operators will be appointed to provide Shore Officer relief.
Method of Selection:
applications will be sought from all current Gore Bay Terminal operators
and selected candidates will undergo an interview process. The successful applicants will be chosen on
the basis of merit.
Availability:
it is expected that the appointees will cover planned absences and those
casual absences of 3 days or more, as required.
A minimum of two weeks acting in the Shore Officer role
will be essential to ensure the maintenance of necessary skills. The Company will ensure each appointee has
appropriate opportunity to fulfil this requirement.
8.6 Gore Bay Day
Liaison Operator
The duties for the Gore Bay DLO will essentially be the
same as that of the Refinery DLO. It is
specifically agreed by the parties that the DLO will also be available to
undertake (but not limited to) the following tasks (where appropriate and at
the direction of the Gore Bay Senior Operator):
• Ship
connections and disconnections;
• Cover
for Wharf Watch meal relief; and
• Attend
tank maintenance meetings (time permitting).
Part 9
Leave Reserved
The parties to this Award agree that the following matters
will be subject to further discussion, and where agreed, implementation during
the term of this Award in accordance with the processes provided for below:
• Gore
Bay
Opportunities for Gore Bay employees engaged under this
Award to undertake work currently undertaken by Shore Officers will be jointly
reviewed by the Union and the Company during the term of this Award.
• Operator
Establishment including Sparing (Clause 5.2.2)
(a) Operator
Establishment Levels and Category Structure Review
The parties and employees commit to conduct during the
nominal term of the Award an Operator Establishment Levels and category
structure review post major projects and competency improvement programme.
(b) Process West -
BRU
Operator consultation, involvement and training will
take place in the development and planning of the Benzene Reduction Unit
("BRU") plant commissioning, construction and operation.
The parties agree to review the operation of the shift
position on Process West that combines the "Platformer" and the BRU
no more than 6 months after its implementation, and its effect on other
positions directly involved.
(c) Process East -
Operator Establishment levels
The parties agree to a review of the current Clyde CCU
Operator establishment levels ("the review") during the term of this
Award.
The parties agree Shell Global Solutions (SGSi) and an
agreed and appropriately independent and expert person (should one be sourced)
will conduct the review.
The review will include:
1. Assess the
ease of operability of the current process control facilities of the CCU
complex through:
a. The
performance of the baselayer control loops;
b. Advanced
Process Control;
c. Instrumentation
performance;
d. Overall
automation platform performance; and
e. Any other
item agreed by the consultants.
2. Determine
whether the current Operator establishment levels are appropriate for the CCU
complement given the assessment in point 1. above. This includes current panel
backup measures in place during plant upsets; and
3. Identify
other control performance improvement opportunities.
The review will be supplied with access to the
appropriate people, resources and information that is required to adequately
complete the review.
The review will be undertaken within 6 months of the
date of certification of this Award.
If, as a result of the review, a trial of Operator
establishment levels on Process East is required, both parties will conduct the
trial without any artificial barriers over an agreed timeframe.
Any changes to the Operator establishment levels on the
CCU will be implemented after the parties reach agreement.
F.
MARKS
J
____________________
Printed by
the authority of the Industrial Registrar.