TRANSFIELD
SERVICES (AUSTRALIA) PTY LTD (PORT KEMBLA STEELWORKS) FACILITY MAINTENANCE
AWARD 2002 - 2004
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by The Australian Industry Group New South Wales Branch,
industrial organisation of employers.
(No. IRC 1156 of 2002)
|
Before Mr Deputy President Grayson
|
16 May
2002
|
AWARD
1. Title
This award shall be known as the Transfield Services (Australia)
Pty Ltd (Port Kembla Steelworks) Facility Maintenance Award 2002 - 2004.
2. Arrangement
Clause No. Subject Matter
1. Title
2. Arrangement
3. Application
and Parties Bound
4. Term of
Award
5. Objectives
of Award
6. Intent
7. Performance
Initiatives
8. Contract
of Employment
9. Wages and
Allowances
10. Working
Arrangements
11. Meal
Breaks
12. Annual
Leave
13. Public
Holidays
14. Long
Service Leave
15. Personal
Leave
16. Parental
Leave
17. Jury
Service
18. Union
Membership and Elected Delegates
19. Trade
Union Training
20. Clothing
and Personal Protective Equipment
21. Superannuation
22. Income
Protection Insurance
23. Notice
Boards
24. Employment
Security
25. Right of
Entry
26. Security
of Employee Entitlements
27. Abandonment
of Employment
28. Blood
Donors
29. Anti-Discrimination
and Harassment
30. Duress
31. Transmission
of Business
32. Work
Outside Port Kembla Steelworks
33. Dispute
Resolution Procedure
3.
Application and Parties Bound
This award shall apply to Transfield Services (Australia)
Pty Ltd, all its employees employed in the classifications set out in clause 9,
Wages and Allowances, of this award, who are performing facilities management
and building services maintenance work at BHP Port Kembla Steelworks and the
unions party to this award.
The parties to this award are:
Transfield Services (Australia) Pty Ltd ABN 11093 114
553 ("the Company");
Electrical Trades Union of Australia, New South Wales
Branch (ETU);
The Australian Workers' Union , New South Wales (AWU);
The New South Wales Plumbers and Gasfitters Employees'
Union; and
Employees of Transfield Services Australia Pty Ltd who
are members or entitled to be members of the organisations detailed above and
are engaged in classifications specified in clause 9, Wages and Allowances.
4.
Term of Award
4.1 This award
will come into operation on and from 1 November 2001 and shall wholly displace
all other agreements and awards that would otherwise apply. The award shall remain in place to 30 June
2004.
4.2 The parties
agree to commence negotiations for an enterprise agreement for three months
prior to 30 June 2004.
4.3 The parties to
this award shall not pursue any extra claims as per the period nominated in
subclauses 4.1 and 4.2 of this clause.
5.
Objectives of Award
The objectives of this award are to:
enable the Company to perform work in the area covered
by the award in a productive, efficient and orderly way;
provide appropriate remuneration and conditions of
employment for employees working under the terms of the award; and
encourage employees to work in a productive, efficient,
flexible and safe way in accordance with their full skills and competence to
meet the requirements of the employer and its client.
6.
Intent
The intent of this award is to create an environment that
enables employees to work together in a co-operative manner.
7.
Performance Initiatives
The parties recognise the financial performance of the
Company and their respective futures, prosperity and employment security are inextricably
linked. There is a range of issues that
represent opportunities to enhance the Company’s performance in the areas of
health and safety, Company and employee relationships, learning and
development, quality, productivity, efficiency, flexibility, cost effectiveness
and achievement of contractual performance targets.
7.1 Continuous
Improvement and Innovation
The parties to this award are committed to the
philosophy of continuous improvement and innovation through effective people
and business management. Employees will
be encouraged to contribute not only through effort but also through good
ideas. We will also promote the concept
of employees challenging decisions where there may be better ways of doing
things.
7.2 Occupational
Health and Safety
This clause is to be read in conjunction with the Occupational Health and Safety Act 2000.
The parties to this agreement abhor the loss of life,
sickness and disability caused at work.
The parties agree to the establishment of health and safety committees
in each workplace and the recognition of rights and training for health and
safety representatives.
The parties are committed to pursuing the best means of
safeguarding and improving the working life and health of employees.
The employer may, from time to time, issue regulations
designed to increase safe working practices and conditions. On a variety of projects and sites where the
employer undertakes work and regulations and the policies and practices of the
employer are in force concerning safety restrictions, it is an express
condition of employment of all employees covered by this award that such
regulations as are issued from time to time will be strictly observed. It is recognised by the parties to this
award that failure to observe these regulations can be grounds for instant
dismissal. It shall be the duty of the
employers to ensure that each employee is made aware of the regulations in
force on the project or site on which such employee works. Employees will assist contractors in the implementation
of safety programs, which are based on continuous improvement.
7.3 Consultative
Committee
The parties agree to establish a consultative committee
to assist the parties to improve productivity, efficiency and to provide for
the effective involvement of employees in the decision-making process. The committee will consist of an equal
number of company and union representatives and the parties will work to set up
their own charter on establishment.
The objectives of the committee are to investigate,
determine, and make recommendations on matters including but not limited to:
(i) introduction
of new technology
(ii) changes to
work organisation
(iii) expansion and
investment
(iv) quality
(v) productivity
improvement
(vi) new management
practices
Union representatives will have an open invitation to
participate in the committee and will have adequate time and access to the
employees they represent:
(i) prior to the
committee meetings to prepare for agenda items
(ii) following
committee meetings to report back, when necessary, on issues discussed.
Committee members will be provided with all relevant
information and access to documentation and data pertaining to the subject
matter in order to assist the consultative process, except where the Company is
unable to do so for privacy or confidentiality reasons.
7.4 Apprenticeships
The Company supports the philosophy of
apprenticeships. This is seen as an
investment for the future. It benefits
the apprentice, the community and the business. It is the intent of the parties to pursue the introduction of an
apprenticeships program involving the Company.
7.5 Equal
Employment Opportunity
The parties agree to comply with and promote the
principles of equal opportunity legislation.
8.
Contract of Employment
The parties to this award are committed to the philosophy of
full-time employment, but also recognise that, to be competitive, alternative
work arrangements will be required.
Casual, part-time and fixed-term employees will be balanced with the
needs of the business. In short-term
situations such as shutdowns, specialised work and emergency work, alternative
employment arrangements will be introduced.
8.1 Nature of
Employment
Employment may be casual, part-time, full-time, or fixed-term
as is specified in the formal letter of offer of employment. Employees shall perform work according to
the following conditions:
By arrangement, employees shall work the ordinary
working hours according to the work roster as the business needs may require
from time to time as identified in clause 10, Working Arrangements.
Employees are expected to work reasonable overtime as
required by the Company in addition to the rostered ordinary working hours.
Employees must use such protective clothing and
equipment provided by the Company for specific circumstances.
Employees must comply with safety requirements of the
Company.
8.2 Types of
Employment
Full-time Employment
An employee who has not been specifically employed on a
part-time or casual basis shall be deemed to be employed full-time. The Company shall not contract outside of
this award. In other words, there will
be no other forms of employment for employees bound by this award except for
those contained within this clause (e.g. no individual contracts, Australian
Workplace Agreements or Prescribed Payment Systems).
Fixed-term Employment
The introduction of fixed-term employment may be agreed
between the parties to suit the circumstances of the business.
Part-time Employment
By mutual agreement between the parties, an employee
who is employed on a part-time basis shall be offered a fixed number of hours
of not less than 12 hours in any one week period, and not more than 37.5 hours
in a one week period, as agreed and confirmed in writing at the time of
engagement or as varied by consent thereafter.
A part-time employee shall be entitled to all leave benefits contained
in this award on a pro rata basis. The hourly
rate for a part-time employee shall be calculated by reference to the applicable
hourly rate contained in clause 9, Wages and Allowances.
Casual Employment
A casual employee is one engaged for a minimum period
of one day and paid as such. A minimum
of four hours per day will apply where work is not available due to reasons beyond
the control of the employer. The
engagement of a casual may be terminated at any time upon one hour's notice or
by payment in lieu. Employees engaged
as casuals for a continuous period of six weeks will be entitled to full-time
employment and shall be advised in writing of such by the Company. A casual employee shall not be employed for
more than six weeks continuously.
Consultation and agreement may extend this period of engagement with
employee representatives.
Casual employees working ordinary time shall be paid
1/38th of the weekly wage, prescribed in clause 9, Wages and Allowances, for
each hour worked. A casual employee
shall not be entitled to any leave, public holidays, notice or severance
benefits contained in this award but shall receive in lieu a loading of 25% of
the ordinary rate of pay.
Unless there is an agreement between the parties,
casual employees will only be employed when unplanned, unexpected changes in
the workload or planned peak requirements require a short-term increase in the
number of employees.
Apprentices
Where apprentices are employed directly by the Company,
then the conditions of this award shall apply except for remuneration, which is
specified as a percentage of the trade rate at 100%. The specific percentages to apply are as follows:
|
First Year Apprentice
|
42%
|
|
Second Year Apprentice
|
55%
|
|
Third Year Apprentice
|
75%
|
|
Fourth Year Apprentice
|
88%
|
Where the Company employs a new adult employee apprentice
(21 years of age or more), then that employee shall be remunerated at the 85%
wage rate of a tradesperson for the term of the apprenticeship until overtaken
by the apprenticeship rate.
Existing adult employees who through company approval
undertake an adult apprenticeship will be paid at their current classification
rate.
8.3 Probation
The continued employment of full-time and part-time new
employees (other than a casual employee) will be subject to the satisfactory
completion of eight weeks on-the-job probationary period. During that time, probationary employees
shall be provided with feedback on a monthly basis as how they are
performing. At the conclusion of the
probationary period the Company shall either confirm the employee's continued employment
or terminate the employment of the employee in consultation with the work
team. Provided that during the
probationary period the employment of a probationary employee may be terminated
by either party on the giving of notice of one week.
8.4 Performance of
Duties
The Company may direct an employee to carry out such
duties as are within the limits of the employee's skill, competence and
training consistent with the classification structure of this award provided
that such duties are not designed to promote de-skilling, and payment will be
in accordance with the classification structure.
8.5 Absence
without Pay
Any employee not attending for duty shall not be paid
for the actual time of such absence unless the absence is in accordance with paid
leave contained in this award and has been authorised.
8.6 Termination of
Employment
8.6.1 Notice for
termination or dismissal of employment will be in accordance with the
following:
|
Period of Continuous Service
|
Period of Notice
|
|
More than 1 month but less than 1 year
|
At least 1 week
|
|
More than 1 year but no more than 3 years
|
At least 2 weeks
|
|
More than 3 years but no more than 5 years
|
At least 3 weeks
|
|
More than 5 years
|
At least 4 weeks
|
Note: Payment in lieu of notice shall be made if the
appropriate notice period is not given.
The notice of termination required to be given by an employee shall be
the same as that required of an employer.
By mutual agreement, the parties may enter into an arrangement that
suits either party with a minimum notice period of not less than one week. An employee required to work during their
notice period shall have that amount deducted whilst not at work during the notice
period as required by the Company. (Notice period is increased by one week if an employee is over 45
years of age, subject to having completed at least two years' continuous
service with the employer.)
8.6.2 Redundancy
Provisions
Redundancy means when a position is surplus to the
needs of the business and where there is no alternative employment for the
person/s occupying that position/s.
Employees who choose to terminate their employment are not eligible for
redundancy and summary dismissal does not entitle employees to a redundancy payment. The following provisions shall apply:
|
Period of Continuous
Service
|
Period of Notice
|
Period of Notice
|
|
|
Employee is under
45
|
Employee is 45
Years or
|
|
|
Years of Age
|
More
|
|
Less than 1 year
|
Nil
|
Nil
|
|
At the completion of 1 year
|
4 weeks
|
5 weeks
|
|
At the completion of 2
years
|
7 weeks
|
8.75 weeks
|
|
At the completion of 3
years
|
10 weeks
|
12.5 weeks
|
|
At the completion of 4
years
|
12 weeks
|
15 weeks
|
|
At the completion of 5
years
|
14 weeks
|
17.5 weeks
|
|
At the completion of 6
years or more
|
16 weeks
|
20 weeks
|
The Company has the right to dismiss an employee
without notice for gross misconduct on the employee's part, which justifies
summary dismissal.
In the event of summary dismissal, payment will be made
up to the time of dismissal only, e.g. theft of company property, violence
against an employee or employer, vandalism or destruction of company property
or other such matters warranting instant dismissal.
8.7 Recovery of
Monies Owed
It is agreed that in the event of an employee's
employment being terminated for any reason, any monies advanced to the employee
by the Company shall be recovered by the Company from any accrued entitlements
owing to the employee and in accordance with the law.
8.8 Stand Downs
The Company is entitled to deduct payment for any day
on which an employee cannot be usefully employed through any cause which the employer
could not reasonably have prevented such as power and fuel shortages.
8.9 Facilities
The Company shall provide on-site facilities for its
employees. These facilities shall be
made available to all employees and comply with all relevant policies of the
Company and prevailing laws.
8.10 Transport of
Employees
It is a condition of employment that all employees
ensure they transport themselves to and from work. Employees are responsible for getting to and from work whether by
personal or public transport. An
employee without personal transport working overtime without notification on
the previous day, and with no access to public transport, shall be transported
to their place of residence or to a place where public transport is available.
9.
Wages and Allowances
9.1 An employee's
remuneration shall be as provided for in this award and notified to prospective
employees in the letter of offer of employment and the acceptance of
appointment form or as varied from time to time.
9.2 The following
wage rates will be paid (for the performance of a 38-hour week) for the
respective classifications from the first pay period commencing on or after the
specified date.
9.2.1 Classification
Structure - Maintenance Worker (MW)
|
Classification
|
1 November 2001
|
30 April 2002
|
31 October 2002
|
31 October 2003
|
|
MW1
|
$685.00
|
$698.70
|
$726.65
|
$755.70
|
|
MW 2
|
$725.00
|
$739.50
|
$769.10
|
$799.85
|
|
MW 3
|
$764.00
|
$779.30
|
$810.45
|
$842.90
|
|
MW 4
|
$808.00
|
$824.15
|
$857.15
|
$891.45
|
|
MW 5
|
$843.00
|
$859.85
|
$894.25
|
$930.00
|
|
MW 6
|
$878.00
|
$895.55
|
$931.40
|
$968.60
|
Note: The
above rates are inclusive of all allowances, except a $40.00 per week licence allowance
for Licensed Electricians and a $25.00 per week licence allowance for Air
Conditioning/Refrigeration Mechanics, Leading Hand allowance (clause 9.3), meal
allowance (clause 11.3), dirty work allowance (clause 9.2.4), confined space
allowance (clause 9.2.3) and first aid allowance (clause 9.2.2). The licence allowance is set at $40.00 and
$25.00 to reflect a pre-existing trade relativity on site for maintenance
activities. This is an all-purpose
allowance that will be amended in line with the percentage wage increases as
listed above.
In addition to
the rates listed above, there will be a performance-based payment bonus system
- up to 3% flat payment (not for all purposes) for ordinary hours worked. This payment will be made on a quarterly
basis. The performance-based payment
system will be determined by key performance indicators consistent with the
Transfield Services - BHPS Maintenance Alliance Commercial Contract.
9.2.2 First Aid Allowance
An employee who is appointed by the Company to render
first aid, and holds a current recognised and accredited first aid certificate,
shall be paid an allowance of $9.80 per week.
9.2.3 Confined Space Allowance
A confined space allowance of $0.51 per hour will be
paid in the following manner.
"Confined space" means a compartment, space or a place the
dimensions of which necessitate an employee working in a stooped or otherwise
cramped position or without proper ventilation and subject thereto includes such
a space:
in the case of locomotives, inside the barrels of
boilers, fire boxes, water spaces of tenders, side tanks, bunker tanks, saddle
tanks or smoke boxes
in other cases, inside boilers, steam drums, mud drums,
fire boxes or vertical or road vehicle boilers, furnaces, flues, combustion
chambers, receivers, buoys, tanks, super heaters or economisers.
9.2.4 Dirty Work,
Heat Money and Powerhouse Allowance
Employees engaged in an unusually or offensive capacity
will be paid $0.34 per hour. For this allowance
to apply, the parties will finalise a document under which this allowance will
apply having regard to previous site application.
Heat money will apply when work is performed in places
where the temperature is raised by artificial means above 49 degrees
Celsius. Employees whilst so engaged on
work will receive an additional amount of $0.34 per hour. This provision will apply consistent with
previous site application.
Employees working and carrying out repairs or
maintenance in rotary converter and/or static substations which are in regular
operation will be paid a powerhouse allowance for all hours worked of $0.54 per
hour for trade level and above and $0.27 per hour for all others.
9.2.4.1 Plumbers' Allowances
The following
allowances will apply to plumbers:
(a) Plumber's licence - $0.62 per hour
(b) Gasfitter's licence - $0.62 per hour
(c) Drainer's licence - $0.52 per hour
(d) Plumber's and Gasfitter's licence -
$0.82 per hour
(e) Plumber's and Drainer's licence - $0.82
per hour
(f) Gasfitter’s and Drainer’s licence -
$0.82 per hour
(g) Plumber's and Gasfitter's and Drainer's
licence - $1.13 per hour
9.2.4.2 Chokage Allowance
Plumbers and
labourers assisting plumbers employed on any chokage necessitating the opening
up of any soil, waste or drain pipes or scuppers conveying sewerage will be
paid in addition the sum of $3.17 per day (flat allowance).
9.2.5 All Other Allowances
The rates of pay as per the classification structure
are inclusive of all other allowances except for the electrical licence (clause
9.2.1), first aid allowance (clause 9.2.2), confined space allowance (clause
9.2.3), dirty work allowance (clause 9.2.4), Plumbers' allowances (clause
9.2.4.1) and Leading Hand allowance (clause 9.3). The rates of pay (clause 9.2.1) include but are not limited to
the following allowances:
Supplementary Payment
Special allowance
Industry allowance
AIS allowance
Tool allowance
9.2.6 Classification
Descriptions
The following classification structure is to be applied
to employees for skills acquired and utilized:
Maintenance Worker 1 (MW1)
This band includes trades assistants and other
non-trades employees such as:
Forklift Drivers
Dogmen
Maintenance Worker 2 (MW2)
This band includes non-trades employees such as but not
limited to:
Certified Riggers/Scaffolders
Crane Drivers (9t <15t, 16t <40t)
Beltmen
Maintenance Worker 3 (MW3) - 100%
This is the entry band for trades employees such as but
not limited to:
Electrician
Boilermaker
Fitter
Welder (all certificates)
Machinist
Refrigeration Mechanic
Maintenance Worker 4 (MW4) - 105%
MW4 applies to the following skills acquired and
utilised on the job:
(i) three
appropriate modules in addition to the training requirements of MW3 level; or
(ii) three
appropriate modules towards an Advanced Certificate; or
(iii) three
appropriate modules towards an Associate Diploma; or
(iv) any training by
a registered provider (e.g. TAFE) or by a State Training Authority which has
been recognised as equivalent to an accredited course which the appropriate
industry board recognises for this level.
This can include advanced standing through recognition of prior learning
and/or overseas qualifications; or
(v) will have
skills equivalent to the above gained through work experience subject to
competency testing to the prescribed standards.
The following indicative tasks apply to a tradesperson
at Level MW4:
(1) exercises the
skills attained through completion of the training/work experience prescribed
for this classification;
(2) exercises
discretion within the scope of this grade;
(3) works under
limited supervision either individually or in a team environment;
(4) understands
and implements quality control techniques;
(5) provides trade
guidance and assistance as part of a work team;
(6) exercises
trade skills relevant to the specific requirements of the enterprise at a level
higher than Engineering Construction Tradesperson Level 1.
Maintenance Worker 5 (MW5) - 110%
MW5 applies to the following skills acquired and
utilised on the job:
(i) six
appropriate modules in addition to the training requirements of MW3; or
(ii) six
appropriate modules towards an Advanced Certificate; or
(iii) six
appropriate modules towards an Associate Diploma; or
(iv) any training by
a registered provider (e.g. TAFE) or by State Training Authority which has been
recognised as equivalent to an accredited course which the appropriate industry
training board recognises for this level.
This can include advanced standing through recognition of prior learning
and/or overseas qualifications; or
(v) will have
skills equivalent to the above gained through work experience subject to
competence testing to the prescribed standards.
The following indicative tasks apply to a tradesperson
at Level MW5:
(1) exercises the
skills attained through completion of the training/work experience prescribed
for this classification;
(2) provides trade
guidance and assistance as part of a work team;
(3) assists in the
provision of training in conjunction with supervisors and trainers;
(4) understands
and implements quality control techniques;
(5) works under
limited supervision either individually or in a team environment;
(6) interacts with
work groups to ensure job completion to target quality workmanship and guidance
for others.
(7) exercises
precision trade skills using various materials and/or specialised techniques;
(8) performs
operations on a CAD/CAM terminal in the performance of routine modifications to
the NC/CNC programs;
(9) installs,
repairs and maintains, tests, modifies, commissions and/or fault finds on
complex machinery and equipment which utilises hydraulic and/or pneumatic
principles and, in the course of such work, is required to read and understand
hydraulic and pneumatic circuitry which controls fluid power systems;
(10) works on
complex or intricate circuitry which involves examining, diagnosing and
modifying systems comprising inter-connected circuits.
Maintenance Worker 6 (MW6) -115%
MW 6 applies to the following skills acquired and
utilised on the job:
(i) nine
appropriate modules in addition to the training requirements of MW3; or
(ii) nine
appropriate modules towards an Advanced Certificate; or
(iii) nine
appropriate modules towards an Associate Diploma; or
(iv) any training by
a registered provider (e.g. TAFE) or by State Training Authority which has been
recognised as equivalent to an accredited course which the appropriate industry
training board recognises for this level.
This can include advanced standing through recognition of prior learning
and/or overseas qualifications; or
(v) will have
skills equivalent to the above gained through work experience subject to
competence testing to the prescribed standards
The following indicative tasks apply to a tradesperson
at Level MW6:
(1) exercises the
skills attained through completion of the training/work experience prescribed
for this classification;
(2) exercises
discretion within their level of training;
(3) is able to provide
trade guidance and assistance as part of a work team;
(4) provides
training in conjunction with supervisors and trainers;
(5) understands
and implements quality control techniques;
(6) works under
limited supervision either individually or in a team environment;
(7) can schedule
and co-ordinate maintenance work for teams including down day programme
development and execution for a maintenance task team.
(8) exercises high
precision trade skills using various materials and/or specialised techniques;
(9) works on
machines or equipment which utilise complex mechanic or hydraulic and/or
pneumatic circuitry and controls or a combination thereof;
(10) works on
machinery or equipment which utilise complex electrical/electronic circuitry
and controls;
(11) works on
instruments which make up complex control system which utilises some
combination of electrical/electronic mechanical or fluid power principles;
(12) applies
advanced computer numerical control techniques in machining or cutting or
welding or fabrication;
(13) exercises
intermediate CAD/CAM skills in the performance of routine modification to
programs;
(14) works on
complex or intricate interconnected electrical circuits at a level above MW5;
(15) works on complex
radio/communication equipment.
9.3 Leading Hand
Rate
A Leading hand rate (all-purpose for Leading Hands
designated by the week) shall be paid as follows. This payment is an allowance only paid whilst an employee has
been selected as a Leading Hand:
|
Leading Hand
|
$39.90 per week
|
|
Relief Leading Hand
|
$8.40 per shift
|
Leading Hands whilst in the role shall have the leading
hand rate recognised on a pro rata basis when calculating service entitlements.
9.4 Mixed
Functions
An employee engaged for more than two hours on any day
or shift carrying a higher rate than their classification shall be paid the
higher rate for such day or shift. If
engaged for two hours or less during one day or shift, the higher rate shall be
paid for actual time worked.
9.5 Payment of
Wages
All earnings shall be paid to employees by electronic
transfer on a weekly or fortnightly basis into a bank account or other
financial institution nominated by the employee.
Details of payment to employees on pay slips shall
contain the following information:
Name of employee
Classification of the employee and reference number
Date of payment (including period of payment)
Classification rate (hourly)
Hours of work (normal and overtime)
Allowances
Deductions (such as union, salary sacrifice)
Annual leave balance of hours
Special payments (such as annual leave payment)
Long service leave payments
9.6 Payment on
Termination
Upon termination of employment, wages due to an employee
shall be paid on the day of such termination or forwarded to them by post or
electronic fund transfer on the next working day.
10.
Working Arrangements
10.1 Hours of Work
The ordinary hours of work shall be 38 hours per week
which will generally be worked in eight hour days between 0600 (6.00 a.m.) and
1800 (6.00 p.m.) hours, Monday to Friday.
The ordinary hours of work may also be worked in other configurations as
mutually agreed between the employees concerned and the Company subject to work
patterns meeting the Company's operational requirements and the needs of the
business.
Where there is a need to vary the pattern of working
the ordinary hours of work, the Company and the work team shall consult on the
variation. Failing agreement, the Company
shall give that work team and/or individual employees concerned two days' (48
hours) notice of the variation.
By agreement between the parties, hours may be varied
either way by one hour.
10.1.1 Extensive Hours
of Work
The parties recognise that long working days on a
regular basis may not be conducive to a safe, healthy and productive work
environment. Where hours on any day
worked exceed 12 consecutive hours, they shall be subject to:
working within the Occupational Health and Safety
Guidelines of the ACTU Code of Conduct regarding 12 hour shifts
proper health monitoring procedures being adopted
suitable roster arrangements
effective support from management
10.1.2 Daylight Saving
When daylight saving comes into effect or is discontinued,
employees shall be paid by the time of the clock at the commencement and
conclusion of their shifts. Night shift
employees who are at work when the clocks are altered will either work one hour
longer for no additional pay or one hour less for the same pay.
10.2 Shift Work
"Shift work" means shift work scheduled for
five consecutive workdays or more, Monday to Friday inclusive.
The Company, through consultation with work teams, can
direct employees to work shift work as required and the employees shall work
the shift work as directed. The time of
commencing and finishing shifts, once having been determined, may be varied by
agreement between the Company and the majority of employees concerned to suit
the business or, in the absence of agreement, by 48 hours' notice of alteration
given by the Company to the employees.
Where shifts fall partly on separate days, the day that
has the major portion of the shift shall be recognised. Where shifts fall partly on a holiday, the
shift that has the major portion falling on the public holiday shall be
regarded as the holiday shift.
10.2.1 Afternoon Shift
"Afternoon shift" means any shift finishing
after 6.00 p.m. and at or before midnight.
Employees whilst working on afternoon shift shall be paid an allowance
of 20% on the employee’s base rate of pay for ordinary hours only.
10.2.2 Night Shift
"Night shift" means any shift finishing
subsequent to midnight and or before 8.00 a.m.
Employees whilst working on night shift shall be paid an allowance of
30% on the employee's base rate of pay for ordinary hours only.
Provided that, where the employer and the majority of
employees concerned agree, a roster system may operate on the basis that the
weekly average of 38 ordinary hours is achieved over a period which exceeds 28
consecutive days.
10.2.3 Rostered Shift
"Rostered shift" means a shift of which the
employee concerned has had at least 48 hours' notice, or has otherwise agreed
to work.
10.2.4 Shift Rosters
Shift rosters shall specify the commencing and
finishing times of ordinary hours of the respective shifts. Where shifts are broken penalties shall be
applied as per overtime entitlements.
10.2.5 Broken Shift
An employee who works on broken shift which does not
continue for at least five successive shifts shall be paid for each shift 50%
for the first two hours and 100% for the remaining hours.
10.3 Rotating
Permanent Shift Work
The parties will discuss, and by mutual agreement shall
develop criteria and a set of conditions for the introduction of seven-day
rotating permanent shift work.
10.4 Rostered Breaks
Between Shifts
When overtime is worked, it shall, wherever reasonably
practicable, be so arranged that an employee has at least ten consecutive hours
off duty between the work of successive days.
An employee (other than casual employees) who works so much overtime
between the completion of the ordinary hours worked on any day and the
commencement of ordinary hours on the next day that the employee has not had at
least ten consecutive hours off duty between those times shall, subject to this
subclause, be released after completion of such overtime and not required to
recommence work until the employee has had ten consecutive hours off duty
without loss of pay for ordinary working time rostered during such absences.
If, on instructions by the Company, an employee resumes
or continues to work without having had ten consecutive hours off duty, the
employee shall be paid at double time until the employee is released from duty
for such period and the employee shall then be entitled to be absent until the
employee has had ten consecutive hours off duty without loss of pay for
ordinary hours during such absences.
10.5 Overtime
Work performed outside of ordinary hours shall be
deemed to be overtime and paid (excluding shift work) as follows:
Monday to Friday - at time and a half for the first two
hours and double time thereafter
Saturday - at time and a half for the first two hours
and double time thereafter. Any hours
worked after 12 noon on Saturday will be paid at double time.
Sunday - at double time.
Public Holidays - at double time and a half.
The penalties mentioned above shall be applied to 1/38th
of the base weekly rates as defined in clause 9, Wages and Allowances.
10.5.1 Shift Workers - Payment for Saturday, Sunday,
Public Holidays and Overtime
A shift employee working on a Saturday, Sunday, public
holiday or on overtime will be paid as follows:
Saturday work - at time and a half
Sunday work - at double time
Public Holiday work - at double time and a half
Overtime worked other than Sundays or public holidays -
at time and a half for first two hours and double time thereafter.
10.6 Rostered Days
Off
The ordinary hours of work shall be rostered to provide
employees with one rostered day off (RDO) per month (normally the fourth Friday
in a four-week cycle).
The RDOs may be scheduled as mutually agreed between
the employee and the Area Manager to suit the need of the business. The RDOs may also be taken on alternative
days by individual agreement for personal/operational needs. If agreement cannot be reached, employees
may be directed to use any day/s of accumulated RDOs, provided 48 hours' notice
is given to the employee.
RDOs may be accrued to a maximum of five days unless
previously agreed with the Area Manager.
Where an RDO falls on a public holiday, the next
working day shall be taken as the RDO or may be taken as mutually agreed
between the employee and the Company.
10.7 Call Back
Where an employee is recalled to work after leaving the
workplace, the following shall apply:
The employee shall be paid for a minimum of four hours at
the rate of time and half for the first two hours and double time thereafter
(or double time for the full period for continuous shift workers). (Weekend call out will be paid at the
relevant overtime rate). There are
number of conditions which apply to this provision:
If the employee is recalled on more than one occasion
between the termination of their ordinary work on one day and commencement of
their ordinary hours on the next ordinary working day, the employee shall be
entitled to the four hours' minimum overtime payment. However, in such circumstances it is only the time which is
actually worked during previous call or calls which is to be taken into account
when determining the rate for subsequent calls.
The employee will not be required to work the full four
hours if the job in question is completed within a shorter period.
Overtime worked in this clause is not to be regarded as
overtime for the purpose of subclause 11.3 of clause 11, Meal Breaks, when the
actual time worked is less than three hours on the call back or each subsequent
call back.
10.8 Availability for Duty
An employee designated by his/her supervisor for
availability duty will be paid an allowance of $15.00 per day ($105.00 for a
full week) for holding in readiness to attend call out work.
11.
Meal Breaks
11.1 A minimum 30
minute unpaid meal break shall be taken at a time convenient to the operations
and the business, as near as practicable to the middle of the day or shift,
respectively. Employees shall be
entitled to a paid ten-minute morning break each weekday.
11.2 Employees shall
be paid at overtime rates for all time worked in excess of five hours without
commencing an uninterrupted meal break or crib break due to the requirements of
the employer.
11.3 Employees required
to work more than a ten-hour shift shall be entitled to a 20-minute crib break
and to a further crib break in respect of each completed four hours of overtime
after the initial eight hours (exclusive of the crib break), if they are to
continue work after such four hours.
Employees not notified the previous day shall be paid $8.00 (meal
allowance) to purchase each meal at crib time.
11.4 Employees
required to work overtime not continuous with ordinary hours shall be entitled
to a crib break in respect of each completed four hours of overtime (exclusive
of crib break) if they are to continue after such four hours.
11.5 Employees who
agree not to take a crib break to which they are entitled but continue to work
instead shall be paid equivalent to the period of crib time in addition to the
time worked.
11.6 The crib break
referred to herein may be taken in relays so as not to have a significant
impact on operations and so long as they do not exceed 20 minutes in duration
and shall be paid at ordinary time rates for the first crib and without
deduction of pay thereafter.
11.7 If an employee
has provided a meal or meals on the basis that he or she has been given notice
to work overtime and the employee is not required to work overtime, the employee
shall be paid the prescribed meal allowance if the meal has become
spoilt/surplus.
12. Annual Leave
The provisions of the Annual
Holidays Act 1944 shall apply.
13.
Public Holidays
The following days shall be prescribed public holidays for the
purposes of this award where days are gazetted by the NSW Government as
substitution or in addition to the following days those days shall apply:
New Year's Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas
Day, Boxing Day
Employees will be entitled to a picnic day on a day agreed
by the parties.
14.
Long Service Leave
The provisions of the
Long Service Leave Act 1955 shall apply.
15. Personal Leave
15.1 Amount of Paid Personal
Leave
15.1.1 Paid
personal leave is available to an employee when they are absent:
due to personal illness or injury (sick leave)
for the purposes of caring for an immediate family or
household member who is sick and requires the employee’s care and support
(carer’s leave)
for bereavement on the death of an immediate family or
household member (bereavement leave).
15.1.2 The
amount of personal leave to which an employee is entitled depends on how long they
have worked for the employer and accrues as follows:
|
Length of Time Worked for the Employer
|
Personal Leave
(Hours)
|
|
Less than 12 months
|
54.0
|
|
1 year to 5 years
|
76.8
|
|
5 years or more
|
92.0
|
Provided that an employee who normally works eight or
more hours a day so as to provide a rostered day(s) off in a work cycle in
accordance with subclause 10.6 of clause 10, Working Arrangements, is entitled
to the following amount of personal leave:
|
Length of Time Worked for the Employer
|
Personal Leave
(Hours)
|
|
Less than 12 months
|
56.0
|
|
12 months to 5 years
|
80.0
|
|
5 years or more
|
96.0
|
15.2 Accumulation of
Personal Leave
15.2.1 First
Year of Employment
At the end of the first year of employment, unused
personal leave accrues by the lesser of:
38 hours (or 40 hours if the employee normally works
eight or more hours in a day) less the amount of sick leave and carer’s leave
taken during the year; or
the balance of the year’s unused personal leave.
15.2.2 Second
and Subsequent Years of Employment
At the end of the second and subsequent years of
employment, unused personal leave accrues by the lesser of:
60.8 hours moving to 76 hours after five years (or 64
hours, moving to 80 hours after five years, if the employee normally works
eight or more hours in a day) less the amount of sick leave and carer’s leave
taken; or
the balance of the year’s unused personal leave.
15.2.3 Maximum
Amount of Accumulated Personal Leave
Personal leave may accumulate to a maximum of 729.6
hours (or 768 hours if the employee normally works eight or more hours a day).
15.3 Definitions
15.3.1 The
term "immediate family" includes:
spouse (including a former spouse, a de facto spouse
and a former de facto spouse), which means a person of the opposite sex to the
employee who lives with the employee as his or her husband or wife on a bona
fide domestic basis. Spouse for the
purpose of this clause will also include same sex partners living with the
employee on a bona fide domestic basis; and
child or adult (including an adopted child, a
step-child or an ex-nuptial child), parent (including a foster parent and legal
guardian), grandparent, grandchild or sibling of the employee or spouse of the
employee.
15.3.2 "Accumulated
personal leave" is personal leave accumulated under subclauses 15.1 and
15.2 of this clause.
15.4 Sick Leave
15.4.1 Entitlement
The amount of personal leave an employee may take as
sick leave depends on how long they have worked for the employer and accrues as
set out in the following tables.
Accumulated personal leave may be used for sick leave
if the current sick leave entitlement is exhausted.
15.4.2 Effect
of Workers’ Compensation
If an employee is receiving workers’ compensation
payments, they are not entitled to sick leave.
15.4.3 Employee
Must Give Notice
The employee must, as soon as reasonably practicable
and during the ordinary hours of the first day or shift of such absence, inform
the employer of their inability to attend for duty and as far as practicable
state the nature of the injury or illness and the estimated duration of the
absence.
If it is not reasonably practicable to inform the employer
during the ordinary hours of the first day of such absence, the employee will
inform the employer within 24 hours of such absence.
15.4.4 Evidence
Supporting Claim
The employee must, if required by the employer,
establish by production of a medical certificate or statutory declaration, that
the employee was unable to work because of injury or personal illness.
15.4.5 Single
Day Absences
An employee who has already had two paid sick leave
absences in the year, the duration of each absence being of one day only, is
not entitled to further paid sick leave in that year of a duration of one day
only, without production to the employer of a certificate of a qualified
medical practitioner which states that the employee was unable to attend for
duty on account of personal illness or injury.
An employer may agree to accept a statutory declaration
in lieu of the required medical certificate.
Nothing in this paragraph limits the employer’s right
under paragraph 15.4.4 of this subclause.
15.4.6 Broken
Services
If an employee is terminated by their employer and is
re-engaged by the same employer within a period of six months, other than on a
casual basis, then the employee’s unclaimed balance of sick leave shall
continue from the date of re-engagement.
15.5 Bereavement
Leave
15.5.1 Paid
Leave Entitlement
A full-time employee is entitled to use up to 16 hours
personal leave as bereavement leave on each occasion and on production of satisfactory
evidence (if required by the employer) of the death of a member of the
employee’s immediate family or household.
15.5.2 Part-time
Employees
A part-time employee is entitled to take two days, up
to a maximum of 16 hours bereavement leave on the same basis as prescribed for
full-time employees in paragraph 15.5.1 of this subclause except that leave is
only available where a part-time employee would normally work on either or both
of the two working days following the death.
15.5.3 Unpaid
Bereavement Leave
Where an employee has exhausted all personal leave
entitlements, including accumulated leave entitlements, they are entitled to
take unpaid bereavement leave. The
employer and employee should agree on the length of the unpaid leave. In the absence of agreement, a full-time
employee is entitled to take up to 16 hours unpaid leave, provided the
requirements of clause paragraph 15.5.1 of this subclause are met, and a
part-time employee is entitled to take up to two days unpaid leave, to a maximum
of 16 hours, provided the requirements of paragraph 15.5.2 of this subclause
are met.
15.6 Carer’s Leave
15.6.1 Paid
Leave Entitlement
An employee is entitled to use up to 40 hours' personal
leave each year to care for members of their immediate family or household who
are sick and require care and support.
This entitlement is subject to the employee being responsible for the
care and support of the person concerned.
In normal circumstances an employee is not entitled to take carer’s
leave where another person has taken leave to care for the same person.
15.6.2 Notice
Required
(i) When taking
carer’s leave, the employee must, as soon as reasonably practicable and during
the ordinary hours of the first day or shift of such absence, inform the employer
of their inability to attend for duty.
If it is not reasonably possible to inform the employer during the
ordinary hours of the first day or shift of such absence, the employee will
inform the employer within 24 hours of such absence.
(ii) The notice must
include:
the name of the person requiring care and support and
their relationship to the employee;
the reasons for taking such leave; and
the estimated length of absence.
(iii) The employee must,
if required, establish by production of a medical certificate or statutory
declaration, the illness of the person concerned and that such illness requires
care by another.
15.6.3 Unpaid
Carer’s Leave
An employee may take unpaid carer’s leave by agreement
with the employer.
RATIONALE AND STRUCTURE OF THE PERSONAL LEAVE PROVISIONS
|
First Year of Employment Amount of Leave
|
|
5 days' sick leave
|
38 hours where a
7.6 hour
|
or 40 hours where 8
hours or
|
|
|
day is worked
|
more are worked per
day
|
|
plus 2 days'
bereavement leave
|
16 hours
|
16 hours
|
|
Total 7 days'
personal leave
|
54 hours where a
7.6 hour
|
or 56 hours where 8
hours or
|
|
|
day is worked
|
more are worked per
day
|
|
Limits On The Various Types Of Personal
Leave
|
|
Maximum amount of
personal leave
|
54 hours or 56
hours (depending upon the hours of work
|
|
|
arrangements in
place)
|
|
Maximum amount of
sick leave
|
38 hours or 40 hours
(depending upon the hours if work
|
|
|
arrangements in
place)
|
|
Maximum amount of
carer’s leave
|
40 hours
|
|
Maximum amount of
bereavement leave
|
16 hours per
occasion
|
|
Second & Subsequent Years Of Employment
Amount Of Leave
|
|
8 days' sick leave
moving to 10 days
|
60.8 hours where a
7.6 hour day
|
or 64 hours where 8
hours
|
|
|
is worked, moving
to 76 hours
|
or more are worked
per
|
|
|
after 5 years
|
day, moving to 80
hours
|
|
|
|
after 5 years
|
|
plus 2 days' bereavement
leave
|
16 hours
|
16 hours
|
|
Total 10 days'
personal leave
|
76.8 hours where a
7.6 hour day
|
or 80 hours where 8
hours
|
|
|
is worked
|
or more are worked
per day
|
|
Limits On The Various Types Of Personal
Leave
|
|
Maximum amount of
personal leave
|
76.8 hours or 80
hours (depending upon the hours of work
|
|
|
arrangements in
place)
|
|
Maximum amount of
sick leave
|
60.8 hours or 64
hours moving to 76 or 80 hours after 5 years
|
|
|
(depending upon the
hours if work arrangements in place)
|
|
Maximum amount of
carer’s leave
|
40 hours
|
|
Maximum amount of
bereavement leave
|
16 hours per
occasion
|
|
|
|
|
16. Parental Leave
Provisions of the
Industrial Relations Act 1996 will apply.
17. Jury Service
An employee required to attend for jury service during
ordinary working hours shall be reimbursed by the Company an amount equal to
the difference between the amount paid in respect of their attendance for such
jury service and the amount paid in respect of ordinary time the employee would
have worked had the employee not been on jury service.
18.
Union Membership and Elected Delegates
18.1 The Company shall
support the union parties to this award by way of providing union membership
information and providing for payroll deductions of union dues as authorised by
employees.
18.2 Accredited
Union Delegate
An employee-appointed union delegate/s (shop steward)
shall, upon official notification to the Company, be recognised as the
accredited representative of the union to which they belong. An accredited union delegate shall be
allowed necessary time during working hours to interview a representative of
the Company on matters affecting employees they represent.
19.
Trade Union Training
The union delegate (shop steward) nominated by their union
to attend a union-sponsored training course will be granted up to five days
leave (per annum) of absence without loss of earnings provided that:
the Company receives at least two weeks' notice of the
nomination from the union setting out times, dates, content and venue for the
course;
the employee concerned can be released from duty by the
Company for the period of the course, without affecting normal operations;
further leave may be granted subject to agreement
between the parties. The accredited
delegate will be entitled to paid leave to attend Industrial Relations
Commission hearings.
20. Clothing and Personal Protective Equipment
20.1 It is a
requirement that employees wear authorised Company-issued clothing/uniform and
appropriate personal protective equipment, including steel capped boots.
20.2 On engagement,
full-time employees shall be issued with one pair of safety boots, four shirts,
four trousers and one jacket.
20.3 On an annual
basis after 12 months' continuous service, full-time employees shall be
entitled to one pair of safety boots, two shirts and two trousers. Boots will be provided earlier by
demonstrated fair wear-and-tear.
20.4 One winter
jacket (for employment in the period 1 May - 1 September) will be provided
every two years to employees. Where
possible the jacket will be manufactured in Australia.
20.5 Employees who
leave within the probationary period (eight weeks) shall reimburse the Company
for clothing and personal protective equipment as per the letter of offer of
employment.
20.6 Clothing and
footwear provided by the Company shall be replaced by the Company on a fair wear-and-tear
basis after approval from the appropriate supervisor/team leader.
20.7 It is a
condition of employment that clothing/uniforms provided by the Company to
employees shall be worn at all times during working hours. Employees failing to comply with this
requirement will be managed through a counselling and disciplinary process.
20.8 Records of type
of clothing issued to employees will be recorded by the Company.
21.
Superannuation
21.1 The Company
shall contribute the statutory employer superannuation contribution to C Bus,
NESS or other agreed and approved superannuation fund that complies with the Superannuation Guarantee Charge Act 1992
and Regulations on behalf of each eligible employee as defined in the
regulations on a monthly basis.
21.2 The level of
contributions will be in accordance with the levels prescribed by the act and
varied from time to time.
21.3 Employees may
voluntarily elect to contribute a proportion of their wages on a salary
sacrifice basis to their nominated superannuation fund. To do so an employee is required to notify
the Company in writing and the Company will deduct the authorised amount from
the employee's pay and remit it to their superannuation fund.
22. Income Protection Insurance
Permanent employees of the Company engaged pursuant to this
award shall be provided with income protection insurance under the following
terms and conditions:
A qualifying period of 14 days.
The insurance cover benefits payable will be applied
for a maximum period of two years.
The Company will contribute up to 1% of an employee's gross
earnings to an income insurance plan, subject to the following:
(i) In the event
that the claims experience requires a review of the insurance plan, the
adjustment will be to the plan and not the Company's insurance premium.
(ii) People
accessing the insurance plan will agree to participate in the rehabilitation
program, which includes assessment by the Company's nominated medical services
provider and acceptance of that assessment.
23. Notice Boards
The Company shall provide notice boards of reasonable
dimensions to be located in prominent positions at the site upon which
accredited union representatives shall be permitted to post formal union
notices signed or countersigned by the representative posting them.
Any notice posted on a board not so signed or countersigned
may be removed by an accredited representative or the Company.
24. Employment Security
Security of employment is important for improving working
relationships, trust and co-operating with change. We do not want an environment where everyone is working in fear
of losing their employment. We want an
environment where people focus on doing jobs safely and well, implementing
improvement actions, adapting swiftly to change and caring for the
business. Real employment security will
only be achieved by successful business performance. Working together in implementing change and improvement will maximise
security for everyone.
It is not the Company’s intention to have any forced
retrenchments during the life of this agreement.
While workplace change, new technologies and changes in
operations will be ongoing, every opportunity will be taken to effect changes
through voluntary means and natural attrition.
The parties agree that any changes in the area of employment
shall be handled in the following manner:
(1) Employees
shall be offered other available positions where possible.
(2) An employee’s
skills shall be further developed to improve flexibility.
(3) Employee
numbers shall be reduced if required by natural attrition.
(4) Voluntary
retirement schemes shall be used in preference to forced redundancies.
If the above steps do not resolve the situation, the
Company shall enter into further discussions with the union with a view of
resolving the situation to the satisfaction of both parties.
Provided further that this clause will not apply to
situations of loss or substantial change to contract scope.
25. Right of Entry
An officer of the union shall have the right to enter in
accordance with the Industrial Relations
Act 1996 as the Act stands at the date of certification of this award.
26. Security of Employee Entitlements
(1) The parties to
this award are committed to ensure that all the entitlements accruing to
employees are secure.
(2) The parties
note that certain legislative mechanisms are in place and additional laws are
proposed to guarantee employee entitlements in the event that any employer
fails to meet these payments.
(3) At the time of
making this award the relevant laws are not finalised. It is anticipated that this will occur
within six months of commencement of this award. Employment of previously employed BHP employees by the Company is
expected to commence on 26 November 2001.
Prospective employees have sought assurances as to their entitlements
that will accrue prior to the introduction of the relevant legislation.
(4) The Company
has made available to the unions written advice from its auditors confirming
its financial status and its compliance with making adequate provision for
employee entitlements. The Company will
also continue to provide the audited financial statements which confirm the
adequacy of provision for employee entitlements.
(5) In order to
provide even further confidence and assurance to the employees of BHP who have
expressed interest in becoming employees of the Company, the Company agrees
that it will now put in place on an interim basis a bank guarantee or similarly
secure arrangement that protects the relevant employee entitlements that accrue
under this award. This arrangement
shall be in place prior to the first pay date after 26 November 2001 and will
remain in place for a period of six months or until the earlier commencement of
the relevant legislation.
(6) This clause is
made in recognition of the particular terms under which a final settlement
facilitating the establishment of the maintenance services alliance has been
made and will not be used by either party as a precedent given the arrangements
pertaining thereto.
(7) The Company
will, immediately upon written agreement to this award by all parties, make
arrangements with the unions to implement the provisions of subclause (5) of
this clause.
27. Abandonment of Employment
An employee absent from work for a continuous period of
three working days without Company approval, and without notification to the
Company, shall be deemed to have abandoned their employment.
If, after a period of two weeks from the last day of
absence, the employee has not established a satisfactory reason for their
absence and non-notification, the employee shall have their employment
terminated.
28. Blood Donors
The Company will promote blood donations from its
employees. The Company shall also
pursue ways employees may actually donate blood with minimal disruption to the
business.
29. Anti-Discrimination and Harassment
(1) It is the intention of the parties bound
by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(2) It follows that, in fulfilling their
obligations under the dispute resolution procedure prescribed by this award,
the parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It
will be consistent with the fulfilment of these obligations for the parties to
make application to vary any provision of the award, which, by its terms or
operation, has a direct or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to
affect:
(a) any conduct or act which is specifically
exempted from anti-discrimination legislation;
(b) offering or providing junior rates of
pay to persons under 21 years of age;
(c) any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing
matters of unlawful discrimination in any State or Federal jurisdiction.
(5) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
NOTES
(a) Employers and employees may also be
subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in
the Act affects...any other act or practice of a body established to propagate
religion that conforms to the doctrines of that religion or is necessary to
avoid injury to the religious susceptibilities of the adherents of that religion".
30. Duress
This award has not been entered under duress by any of the
parties to the award.
31. Transmission of Business
Where transmission of business occurs and affects employees
covered by this award, the parties shall by an exchange of letter/s enter into
correspondence that clearly outlines the benefits and entitlements due to
employees and how such entitlements shall be managed. Matters to be covered may include such items as annual leave,
personal leave, superannuation, sick leave and redundancy.
32. Work Outside Port Kembla Steelworks
It is the intention of the business to enhance employment
security by securing complimentary work outside of BHP Steelworks. For work performed outside the scope of this
award the relevant terms and conditions of the appropriate State award will
apply.
33. Dispute Resolution Procedure
The parties to this award are committed to harmonious
employee relations based on mutual trust, open communication and proactive
consultation processes. Best endeavours
will be used to resolve issues such as problems, questions, disputes,
difficulties or concerns at all times and at the lowest possible level in the
Company.
Any issue requiring resolution shall be dealt with in the
following manner:
(i) Where an employee(s)
has an issue which has not been resolved in the normal course of business, they
shall raise it with their Team Leader/Supervisor and both shall use their best
endeavours to resolve it as quickly as possible.
(ii) Where an
issue is directly relevant to a work area, it shall be discussed and every
endeavour made to resolve it within the appropriate team.
(iii) Should the
issue not be resolved as above within a sensible, mutually agreed timeframe, it
shall be referred to and discussed with the Alliance Manager or Operations
Manager.
(iv) If not
resolved, any of the parties may raise the issue with the Co-ordinator for
resolution.
(v) If still
unresolved, the matter may be referred to the relevant union, which will
discuss the matter with the Company.
(vi) Before the
issue proceeds to the Industrial Relations Commission, the Company will ensure
that its management and the union will ensure that its local union official
have been involved in the process.
(vii) If still not
resolved, the matter may be referred to the Industrial Relations Commission by
either party for conciliation and/or arbitration in accordance with due
process.
At levels (i) to (v) inclusive of the above, the
employee(s) may choose to have an accredited union representative or another
employee in attendance.
While the above process is being pursued, work shall
continue as normal (without bans or limitations).
The parties to this award may raise an issue to a
higher level in the process at any time.
Levels (i) to (v) shall be completed within seven
working days.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.