RINKER GROUP T/A READYMIX HOLDINGS PTY LIMITED NEWCASTLE TRANSPORT
(STATE) AWARD 2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Rinker
Group T/A Readymix Holdings Pty Limited.
(No. IRC 3733 of 2003)
AWARD
1. Title of Award
This award shall be known as Rinker Group T/A Readymix
Holdings Pty Limited Newcastle Transport (State) Award 2002.
2. Arrangement
Clause No. Subject Matter
1. Title of
Award
2. Arrangement
3. The
Enterprise(s)
4. Parties
to the Award
5. Relationship
to Parent Awards
6. Term of
Award
7. No Extra
Claims
8. Review of
Award
9. Cleanliness
10. Daily
Drivers Sheets
11. Utilisation
and Quality
12. Allocation
of Work
13. Sick Leave
14. Personal/Carer's
Leave
15. Awareness
Training
16. Disputes
Procedure
17. The First,
Second and Third Awards
18. Remuneration
Adjustments Stages
19. Anti-Discrimination
Annexure A
Annexure B
3. The Enterprise(s)
This award shall apply at sites operated by Rinker Group t/a
Readymix Holdings Pty Limited Newcastle and Central Coast which are set out in
Annexure "A" in respect of employees covered by the following awards:
(a) Transport
Industry Quarried Materials (State) Award published 24 August 2001 (327 I.G.
39); and
(b) Transport
Industry Mixed Enterprises Interim (State) Award published 23 November 2001
(329 I.G. 748).
4. Parties to the
Award
This award shall be binding on:
(a) Rinker Group
T/A Readymix Holdings Pty Limited Country East (Newcastle and Central Coast) at
sites set out in Annexure A" to this award (hereafter "the
Company").
(b) The Transport
Workers' Union of Australia of New South Wales.
5. Relationship to
Parent Awards
5.1 This award
shall be read and construed in conjunction with the following awards:
(a) Transport Industry
Quarried Materials (State) Award; and
(b) Transport
Industry Mixed Enterprises Interim (State) Award.
5.2 Where there is
inconsistency between the awards in subclause 5. 1 above and this award, this
award shall prevail to the extent of the inconsistency.
6. Term of Award
This award shall come into operation on and from the first
full pay period to commence on or after 24 July 2003 and shall remain in force
for a term of two years.
7. No Extra Claims
Except for general movements in award wages granted by the
Industrial Relations Commission of New South Wales via State Wage Cases that
are not subject to absorption, there shall be no further claims for
remuneration increases during the term of this award.
8. Review of Award
The parties agree to review this award no later than 12
weeks prior to the end of its term. In
the context of this review, the parties shall examine both the operation of the
award and the possibilities of entering into a further award, based on
continuous improvement and other agreed measures.
9. Cleanliness
Truck and personal cleanliness are the responsibility of
drivers. To this end all drivers shall
maintain their vehicles in a clean and tidy state to a standard acceptable to
the employer. Company-issued uniforms must
be worn as directed by the employer.
10. Daily Drivers
Sheets
Drivers shall continue to fill in daily drivers sheets as
applicable.
11. Utilisation and
Quality
Drivers shall co-operate with Company initiatives to improve
utilisation rates and reduce costs. To
this end drivers shall be actively involved in maintaining a proactive tyre
maintenance program. Drivers shall
record and undertake all preventative maintenance as required.
As a part of ensuring continued quality control, all slumps
are to be delivered to site at the specified slump (within the drivers control)
as indicated on the concrete delivery docket.
12. Allocation of
Work
Drivers in consultation with the Company shall allocate
their own work if required. (Aggregate
and Cement only).
13. Sick Leave
A doctor's certificate is to be produced if a sick day is
taken on either side of a long weekend, RDOs or annual leave.
In the event that the Company identifies individuals with an
absenteeism problem, the Company may require the individuals concerned to
produce a doctor's certificate as part of the counselling and disciplinary
procedure. In any event, no employee is
to take more than two single days absences without satisfactory proof of
illness.
14. Personal/Carer's
Leave
14.1 Use of Sick
Leave
(a) An employee
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) of this subclause, who
needs the employee’s care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement, 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 employee
shall, if required, establish, either 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:
(i) the employee being
responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who in relation to a person is a person of the opposite sex to the
first-mentioned person, who lives with the first-mentioned person as the
husband or wife of that person on a bona fide domestic basis, although not
legally married to that person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for purposes of this
subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3)
"household" means a family group living in the same domestic
dwelling.
14.2 Unpaid Leave
for Family Purposes
(a) 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 subparagraph (ii) of paragraph (c) of subclause 14.1 of this clause who is
ill.
14.3 Annual Leave
(a) An employee may
elect,,with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
inclusive 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.
14.4 Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee
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.
14.5 Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in
part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or employer.
(d) This subclause
is subject to the employer informing the union where 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.
14.6 Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
15. Awareness
Training
All employees covered by this award shall be provided with
general awareness training on enterprise bargaining.
The content and providers of this training shall be mutually
acceptable to the parties to this award.
Wherever practicable, awareness training will be conducted
in ordinary time hours.
The Company shall pay for the awareness training and
employees shall be paid in accordance with the relevant parent award while
attending such training.
The duration and timing of the training sessions should be
structured so as to minimise their effect on the continuous operation of the
Company’s activities and customer service.
16. Disputes
Procedure
16.1 Procedures
relating to grievances of individual employees
(a) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits (48 hours) must be allowed for discussion at each level of
authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee’s grievance. If the matter has
not been resolved, it shall be referred to the Industrial Relations Commission
for resolution.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
16.2 Procedures relating
to disputes, etc., between employers and their employees
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits (48 hours) must be allowed for discussion at each level of
authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employee
may be represented by an industrial organisation of employees for the purpose
of each procedure.
17. The First, Second
and Third Awards
The parties to this award agree that the output and
improvements in productivity and efficiency made from the awards known as
"CSR T/A The Readymix Group - Newcastle Transport Enterprise Bargaining
Framework (State) Award 1996" (the first award) and "CSR Ltd T/A The
Readymix Group Newcastle Transport (State) Award 1998" (the second award)
and the CSR Ltd T/A The Readymix Group Newcastle Transport (State) Award 2000
(the third award) published 10 May 2002 (333 I.G. 484) shall be the starting
point for further improvements outlined in this award.
Provisions of the first, second and third awards shall
continue to operate as if they were provisions of this award unless
specifically deleted or varied by this award.
18. Remuneration
Adjustment Stages
18.1 Remuneration is
as detailed in Annexure "B" of this award.
18.2 This award
shall be divided into two separate stages for remuneration increases:
Stage 1
Upon expiry of the CSR Limited T/A Readymix Holdings
Pty Limited - Newcastle Transport (State) Award 2000, a 3% increase shall be
paid to employees the subject of this award.
Stage 2
12 months after the payment of Stage 1 above, a further
3% shall be paid to the employees the subject of this award.
18.3 Salary
Sacrifice of Superannuation Contributions
(a) Remuneration
may be made up entirely of wages or, at the option of an employee (other than a
casual employee) and subject to the employer’s agreement, wages and a
superannuation contribution to the CSR Australian Superannuation Fund (CSR
Super). Wages and Superannuation are
the two components which will make up remuneration. The sum allocated to each component will be negotiated initially
between the employer and the employee and thereafter renegotiated in accordance
with this clause.
(b) Should the
employer make a superannuation contribution in accordance with this clause, it
shall not, to the extent of that contribution, be liable to pay wages to the
employee under this award.
(c) The
opportunity for an employee to initially negotiate the components of
remuneration as per paragraph (a) above shall be in accordance with procedures
determined by the employer and can only be changed in accordance with the
Company procedures during the period specified. Thereafter, the opportunity to renegotiate with the employer the
components of remuneration as per paragraph (a) above shall be available once a
year at a time and in accordance with procedures determined by the employer,
and can only be changed in accordance with the Company procedures during the
period specified. In the event that
changes in legislation, the Income Tax Assessment Act 1997, tax office
rulings or determinations remove or alter the Company’s capacity to maintain
the salary sacrificing arrangements pursuant to this agreement, the Company
will be entitled to withdraw from these arrangements by giving notice to each
affected employee.
19.
Anti-Discrimination
19.1 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,
age and responsibilities as a carer.
19.2 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.
19.3 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.
19.4 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; or
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
19.5 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 this 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.”
ANNEXURE "A"
This award shall apply at the following sites:
Wyong Concrete Plant
Lot 18 Pavitt Crescent
NORTH WYONG
Teralba Concrete Plant
Pitt Street
TERALBA
Sandgate Laboratory
Mangrove Road
SANDGATE
Tighes Hill Concrete Plant
Industrial Drive
TIGHES HILL
Salamander Bay Concrete Plant
Muller Road
SALAMANDER BAY
Raymond Terrace Concrete Plant
Pacific Highway
HEATHERBRAE
ANNEXURE "B"
REMUNERATION RATES and ALLOWANCES
Monetary Rates Table
(i) Transport
Industry Mixed Enterprises (State) Award Classifications
|
Grade
|
(3% Increase) Stage
1
|
(3% Increase) Stage
2
|
|
|
New Rate (per week)
|
New Rate (per week)
|
|
Grade 3
|
587.48
|
605.11
|
|
Grade 4
|
599.30
|
617.27
|
|
Grade 5
|
627.80
|
646.63
|
|
Grade 6
|
635.21
|
654.27
|
|
Grade 7
|
638.33
|
657.48
|
Allowances
|
|
(3% Increase) Stage
1
|
(3% Increase) Stage
2
|
|
|
New Rate (per week)
|
New Rate (per week)
|
|
HIAB Crane
Allowance
|
27.33
|
28.15
|
|
Leading Hand
Allowance
|
29.31
|
30.19
|
(ii) Transport
Industry Quarried Materials (State) Award Classifications
|
Grade
|
Basic
|
Certificate
|
Advanced
Certificate
|
|
|
(3%
|
(3%
|
(3%
|
(3%
|
(3%
|
(3%
|
|
|
Increase)
|
Increase)
|
Increase)
|
Increase)
|
Increase)
|
Increase)
|
|
|
Stage 1
|
Stage 2
|
Stage 1
|
Stage 2
|
Stage 1
|
Stage 2
|
|
|
New Rate
|
New Rate
|
New Rate
|
New Rate
|
New Rate
|
New Rate
|
|
|
(per week)
|
(per week)
|
(per week)
|
(per week)
|
(per week)
|
(per week)
|
|
Grade 1
|
573.35
|
590.55
|
-
|
-
|
-
|
-
|
|
Grade 2 Vehicle Class 1
|
577.52
|
594.85
|
588.18
|
605.83
|
-
|
-
|
|
Grade 2 Vehicle Class 2
|
583.08
|
600.58
|
593.73
|
611.55
|
-
|
-
|
|
Grade 2 Vehicle Class 3
|
592.35
|
610.12
|
603.00
|
621.09
|
-
|
-
|
|
Grade 2 Vehicle Class 4
|
622.70
|
641.38
|
633.37
|
652.37
|
644.02
|
663.34
|
|
Grade 2 Vehicle Class 5
|
629.76
|
648.66
|
640.42
|
659.64
|
650.85
|
670.37
|
|
Grade 3
|
-
|
-
|
740.28
|
762.49
|
-
|
-
|
J. N. REDMAN, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.