Boral Emu Plains Quarry Transition
to Closure (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Boral
Construction Materials Group Limited.
(No. IRC 1244 of 2006)
Before The Honourable
Justice Walton, Vice-President
|
15 March 2006
|
AWARD
Contents
Preamble
PART 1
The Pre Transition
Period
1.1 Early
Retirement
PART 2
The Transition
Period
2.1 Early
Retirement
PART 3
The Transition
Period & Closure Period
3.1 Alternative
Employment
3.2 WorkCover
Tickets
3.3 Retraining
3.4 Outplacement
Services
3.5 Relocation
3.6 Multi
Skilling and Discontinuance of Primary Skill
PART 4
The Closure Period
4.1 Use of
Contractors
4.2 Supervision
of Contractors
4.3 Selection
and Labour Retention
4.4 Retention
Redundancy Bonus
4.5 Continuity
of Quarrying Operations
4.6 Media
PART 5
The Post Closure
Period
5.1 New
Business
PART 6
General
6.1 No Further
Claims
6.2 No
Precedent
6.3 Indexation
of Monetary Amounts
6.4 Set Off
6.5 Relationship
to Parent Award
6.6 Disputes
Procedure
6.7 Anti-Discrimination
6.8 Dictionary
6.9 Area,
Incidence and Duration
Preamble
Boral’s Emu Plains Quarry draws its raw feed from the Penrith
Lakes Development Scheme. The Scheme is
drawing to finality and it is anticipated that the Scheme will cease to provide
raw feed in 2011.
As such the Emu Plains Quarry will cease to operate.
The Scheme is a unique process where the removal of raw feed
from the Scheme is part of the redevelopment of the Scheme’s lands for final
use as residential and recreational lands.
As the Scheme draws to finalization, it will require a level
of co-operation and flexibility from Boral Quarries and its employees not
usually required in a standard quarrying operation and a recognition that all
employment at the Emu Plains Quarry will come to an end.
For their part many employees will see the finalization of
the Scheme as a threat to historically secure employment others will see it as
a convenient opportunity to end working life or pursue other career
opportunities.
Boral Quarries recognizes this and understands that
employees will be effected differently.
Some will:
(a) retire form
working life;
(b) seek further
employment with Boral Quarries;
(c) seek further
employment with Boral; or
(d) seek further
employment elsewhere.
This award is designed to address all of these circumstances
in balance with the needs of Boral Quarries.
There are four distinct periods that this award relates to
the:
(1) Pre Transition
Period (2003 to 2008);
(2) Transition
Period (2009);
(3) Closure Period
(2010 to ending of quarrying activities); and
(4) Post Closure
Period (after the current quarrying activities have ceased).
PART 1
The Pre Transition
Period
Part 1 - applies during the Pre Transition Period only.
1.1. Early Retirement
A number of employees may already be considering and
planning for retirement from working life.
For some employees this may coincide conveniently with the finalization
of quarrying activities. For others the
timing may be less convenient and they may wish to retire before the
finalization of quarrying activities.
To assist and facilitate this during the Pre Transition Period, Boral
Quarries will allow any employee who is fifty five years of age or more with
twenty or more years of service to elect to take a retirement redundancy
package of 26 weeks pay for the purposes of retiring from working life
(replacing them initially with labour hire if required).
To avoid any doubt the:
(a) RRP will not
apply to any employee taking up this option; and
(b) Redundancy
provisions of the Parent Award do not apply to an employee electing to take a
retirement redundancy package.
PART 2
The Transition
Period
Part 2 applies during the Transition Period only.
2.1. Early Retirement
A number of employees may already be considering and
planning for retirement from working life.
For some employees this may coincide conveniently with the finalization
of quarrying activities. For others the
timing may be less convenient and they may wish to retire before the
finalization of quarrying activities.
To assist and facilitate this during the Transition Period, Boral
Quarries will allow any employee who is fifty five years of age or more with
twenty or more years of service to elect to take a retirement redundancy
package of 39 weeks pay for the purposes of retiring from working life (replacing
them initially with labour hire if required).
To avoid any doubt the:
(a) RRP will not
apply to any employee taking up this option; and
(b) Redundancy
provisions of the Parent Award do not apply to an employee electing to take a
retirement redundancy package.
PART 3
The Transition
Period & Closure Period
Part 3 applies during the Transition Period and Closure
Period only.
3.1. Alternative
Employment
Boral Quarries is committed to working with the employees to
locate employment opportunities at other quarries within the quarries
division.
Boral Quarries has already interviewed all employees to
determine, in concert with them, their priorities and preferences in terms of
on-going employment etc.
Employees will periodically be interviewed to keep them
informed of job opportunities and to determine any changing priorities they
have.
During the:
(a) Transition
Period this will happen no less than once every twelve months; and
(b) Closure Period
this will happen no less than once every four months.
Boral Quarries prefers to transfer existing employees
rather than recruit afresh where the existing employee is the best
candidate. This can benefit Boral
Quarries by:
(a) reducing
costs;
(b) avoiding a
potentially lengthy recruitment process; and
(c) minimizing the
need for extended induction and job take up.
Accordingly, Boral Quarries will offer suitable
candidates transfers to other quarries where such positions exist rather than
recruiting from the open market. 1
Boral Quarries will also make available to employee’s
relevant internal Boral job vacancies that appear on the Boral intra net.
3.2 Work Cover
Tickets
Employees may wish to take the skills they currently
hold and utilize them in related industries.
To assist in this process Boral Quarries will provide at its cost the
opportunity for employees to obtain Work Cover tickets for any equipment they
currently operate at Emu Plains Quarry.
3.3 Retraining
To assist any employee retrain for work outside of the
quarry industry Boral Quarries will pay up to $782.10 or such higher amount
that Boral considers reasonable in the circumstances, to the cost of any
retraining activity upon remittance of tax invoices.
3.4 Outplacement
Services
Boral Quarries will provide upon request outplacement
services to employees including:
(a) assistance in
writing resumes;
(b) training/counselling
on interview preparation; and
(c) financial
counselling,
to a value of $1564.20 from a provider mutually acceptable
to both Boral Quarries and the Emu Quarry Consultative Committee.
____________________
1 This does not affect the common law rights and obligations
of Boral or employees in relation to accepting or declining suitable
alternative employment at sites other than Emu Plains Quarry.
3.5 Relocation
Where alternative employment is found in accordance
with Part 3 Clause 1, for an employee and this necessitates the employee
changing their residential domicile, Boral Quarries will:
(a) provide the
employee with three days leave without loss of pay for them to undertake the
move; and
(b) upon
presentation of a tax invoice, up to $1042.80 towards the cost of a removalist
used to move furniture and other household effects to the new residence.
3.6 Multi Skilling
and Discontinuance of Primary Skill
The employees acknowledge that as part of the
transition and closure they may be required to:
(a) use
competencies they do not regularly apply; and/or
(b) obtain
competencies not currently held.
Accordingly, an employee may be directed to perform any
work they are competent to perform (when and as directed by Boral).
Employees shall use their reasonable endeavors to
obtain competencies they currently do not hold if required by Boral Quarries.
To avoid any doubt clause 13.2, 13.3, 13.4, 13.5 and
Schedule A of the Parent Award shall not apply during the Transition Period and
thereafter.
PART 4
The Closure Period
Part 4 applies during the Closure Period only.
4.1. Use of
Contractors
Boral Quarries anticipate that they could utilise
contractors extensively during the Closure Period and thereafter. The use of contractors already extends to:
(a) part of the
operator workforce;
(b) specialist
work; and
(c) some
maintenance activities.
The use of contractors could extend to more or all
quarrying activities.
The employees acknowledge and accept this and will work
co-operatively with Boral Quarries to ensure that any use of contractors is
efficient and effective.
Accordingly, Boral Quarries may utilize contract labour
as it sees fit.
4.2 Supervision of
Contractors
The employees acknowledge and accept that during the
closure period they may be directed to:
(a) oversee the
work of contractors; and/or
(b) assist in the
training of contractors.
4.3 Selection and
Labour Retention
Boral Quarries will need to retain a core workforce
until:
(a) quarrying is
finalised; or
(b) a contract
labour force is used.
Accordingly, Boral Quarries may (irrespective of any
provision in the Parent award but subject to Part 6 clause 7 of this award)
select as it sees fit:
(a) who will be
made redundant;
(b) when any
redundancy is to be made; and
(c) whether
redundant positions are to be filled by contract labour.
4.4 Retention
Redundancy Payment
Subject to this award, in recognition of the
co-operation and flexibilities provided for in this award and the need to
retain core skills until the quarry closes, Boral Quarries will pay each
employee a retention redundancy payment (the RRP), constituted as part of (and
in addition to) any redundancy package arising from the Parent award.
The RRP will be:
Years of
|
Amount
|
Years of
|
Amount
|
Years of Service
|
Amount
|
Service
|
|
Service
|
|
|
|
|
|
|
|
|
|
<1
|
$1,042.80
|
5
|
$3,649.80
|
18
|
$14,599.20
|
1
|
$1,564.20
|
6
|
$4,171.20
|
19
|
$15,120.60
|
2
|
$2,085.60
|
7
|
$4,692.60
|
20
|
$15,642.00
|
3
|
$2,607.00
|
8
|
$5,214.00
|
21
|
$16,684.80
|
4
|
$3,128.40
|
9
|
$6,256.80
|
22
|
$17,727.60
|
|
10
|
$7,299.60
|
23
|
$18,770.40
|
|
11
|
$8,342.40
|
24
|
$19,813.20
|
|
12
|
$9,385.20
|
25
|
$20,856.00
|
|
13
|
$10,428.00
|
26
|
$21,898.80
|
|
14
|
$11,470.80
|
27
|
$22,941.60
|
|
15
|
$12,513.60
|
28
|
$23,984.40
|
|
16
|
$13,556.40
|
29
|
$25,027.20
|
|
17
|
$14,077.80
|
30
|
$26,070.00
|
For each additional full year of completed service after 30
years service, an additional $521.40 per year’s service shall be paid as part
of the RRP.
The RRP shall:
(a) only be paid
when a job is made redundant in accordance with clause 3 of Part 4; and
(b) not be paid to
an employee if at any time during the closure period they materially breach any
provision of this award.
4.5 Continuity of Quarrying
Operations
It is of critical importance that quarry operations
continue during the closure period in a co-operative manner without resort to
any industrial action.
Boral Quarries and the employees are unreservedly
committed to achieving this.
Accordingly, the employees shall not engage in any
industrial action of any kind during the closure period.
To avoid any doubt:
(a) this does not
mean that an employee must undertake work if to do so would put them in an
unsafe situation; and
(b) any dispute
that does arise will be processed through the disputes procedure in the Parent
Award.
4.6 Media
The employees shall not issue any statement, comment,
information or document concerning Boral Quarries, the quarry or the
Redevelopment in any media without the prior written approval of Boral
Quarries.
PART 5
The Post Closure
Period
Part 5 relates to the Post Closure Period only.
5.1. New Business
Boral Quarries may operate a new business on or about the
current Emu Quarry site. Any such
business (other than a business regulated by the Quarries &c, State Award)
will be considered as a green fields site and as such:
(a) the Parent
Award shall not apply to it;
(b) no existing
employee will have an automatic right to any job in such a business;
(c) any employee
working in any such business will be selected on merit; and
(d) Boral Quarries
will consult with the Australian Workers Union NSW before applying for or
making any industrial instrument to regulate the new business.
PART 6
General
Part 6 relates to the:
(1) Pre Transition
Period;
(2) Transition
Period;
(3) Closure
Period; and
(4) Post Closure
Period.
6.1. No Further
Claims
The employees (and their union) undertake not to pursue any
extra claims award or over award, arising from or connected with, directly or
indirectly, the ending of their employment occasioned by the end to quarrying
operations or arising from any significant change as contemplated by the Parent
Award, except those arising from a Test Case decision of the Industrial
Relations Commission of NSW.
Notation: To avoid any doubt and for abundant caution this
clause does not relate to claims for increases in wages and allowances which
are governed by the Parent Award.
6.2. No Precedent
The provisions of this award are not to be used by the Union
in negotiations or proceedings concerning Boral Quarries or company’s related
to Boral Quarries and are not to be regarded as a precedent and are based on
the particular facts and circumstances affecting Boral Quarries and its Emu
Quarry employees.
6.3. Indexation of
Monetary Amounts
The monetary amounts referred to in this award shall be
indexed each year by any percentage increase applied to the ordinary weekly
wage arising from the Parent Award.
6.4. Set Off
Should the redundancy benefits in the Parent Award increase
(or an award is made replacing or substituting for the Parent Award which has
the effect of increasing the redundancy benefits in the Parent Award) after the
making of this award the RRP will be reduced for each employee by any such
increase at the time of their redundancy.
6.5. Relationship to
Parent Award
This award overrides the Parent award to the extent of any
inconsistency and/or to the extent that this award deals with the same subject
matter.
6.6. Disputes
Procedure
To avoid any doubt clause 7, Industrial Disputes of the
Parent Award applies to this award.
6.7.
Anti-Discrimination
(a) 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, trade union
activity and responsibilities as a carer.
(b) 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 that, by its terms or operation, has a direct or indirect
discriminatory effect.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) 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.
_______________________
NOTATION:
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) 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."
6.8. Dictionary
RRB means the Retention Redundancy Bonus arising from Part 4
clause 4.
Boral Quarries means Boral Construction Materials Group
Limited.
Employees means an employee employed by Boral Quarries at
the Emu Plains Quarry.
Contractor means a contractor, sub-contractor or labour hire
company.
Parent award means the Boral Emu Plains Quarry (State) Award
as varied or replaced.
Media means and media without limiting the forgoing,
television, video, radio, newsprint, magazines.
Pre Transition Period means 2003 to 2008.
Transition Period means 2009.
Closure Period means 2010 to the cessation of quarrying
activities at the Emu Plains Quarry.
Post Closure Period means the period after the cessation of
quarrying activities at the Emu Plains Quarry.
New business means any business set up on or about the Emu
Plains Quarry site (other than a business regulated by the Quarries &c,
State Award).
Industrial action means industrial action as defined in the
Industrial Relations Act 1996.
6.9. Area, Incidence
and Duration
This award rescinds and replaces the Emu Plains Transition
to Closure Award published 6 January 2006 (355 I.G. 1022) and shall apply to
all employees of Boral Quarries employed in the classifications set out in the
Parent Award.
This award shall operate on and from 15 March 2006 and have
a nominal term of thirty six months.
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.