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New South Wales Industrial Relations Commission
(Industrial Gazette)




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CEMENT MIXERS AND CONCRETE WORKERS, CENTRAL BATCH PLANTS (STATE) CONSOLIDATED AWARD
  
Date01/12/2001
Volume321
Part3
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.B9508
CategoryAward
Award Code 083  
Date Posted01/17/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(083)

SERIAL B9508

 

CEMENT MIXERS AND CONCRETE WORKERS, CENTRAL BATCH PLANTS (STATE) CONSOLIDATED AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 2306 of 1999)

 

Before Commissioner O'Neill

24 February and 17 April 2000

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Short Title

2.         Definitions

3.         Wages

4.         Arbitrated Safety Net Adjustment

5.         Superannuation

6.         Enterprise Arrangements

7.         Site Consultation

8.         Hours

9.         Overtime and Weekend Penalties

10.       Holidays

11.       Sick Leave

12.       Personal Carer's Leave

13.       Long Service Leave and Annual Holidays

14.       Bereavement Leave

15.       Payment of Wages and Termination of Employment

16.       Contract of Employment

17.       Country Work

18.       Mixed Functions

19.       First-aid

20.       Reporting for Duty

21.       Tools

22.       Fares

23.       Meal Allowance

24.       Meal Breaks

25.       Union Representative

26.       Right of Entry

27.       Redundancy

28.       Employees Recalled to Work

29.       Protective Clothing

30.       Dispute Resolution Procedures

31.       No Reduction

32.       Anti-Discrimination and Harassment

33.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Allowances and Other Matters

 

PART A

 

1.  Short Title

 

The short title of this award shall be referred to as "Central Batch Plants Award."

 

2.  Definitions

 

(i)         Trainee is a person with no previous experience in the industry and undergoing a training program.

 

(ii)        Plant Assistant is an employee who is responsible for maintaining yard cleanliness, supervising raw material deliveries and other general duties as required in accordance with company requirements.

 

(iii)       Batcher is an employee who is responsible for weighing and batching concrete and associated duties.

 

(iv)       Country Batch Plant Operator is an employee who is either the sole operator or in charge of a batch plant outside the County of Cumberland and who is responsible for all aspects of concrete production and distribution.

 

(v)        Field Sampler and Tester is an employee who is responsible for sampling concrete and preparing test specimens in accordance with relevant Australian standards and company procedures.

 

(vi)       Allocator is an employee who organises production and distribution of concrete at a batch plant from the answering of inquiries to final delivery to the customer.

 

3.  Wages

 

(i)         Rates of Pay per week shall be the amounts as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

(ii)        An employee appointed as a leading hand shall be paid, in addition to the rate otherwise prescribed, as set out in Items 1, 2 and 3 of Table 2 - Allowances and Other Matters, of the said Part B.

 

(iii)       In addition to the above rates, an industry allowance of an amount as set out in Item 4 of the said Table 2 shall be paid for all purposes of the award.

 

(iv)       Employees are to perform, if qualified, a range of duties including work which is incidental or peripheral to their main tasks or functions. It is accepted that performance of a wider range of duties may mean involvement in non-traditional areas.  The union and its members are committed to overcoming any demarcation problems as part of this process.

 

(v)        An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.

 

4.  Arbitrated Safety Net Adjustment

 

(i)         The rates of pay in this award include the first, second and third $8.00 per week arbitrated safety net adjustments payable under the State Wage Case - December 1994 decision. This arbitrated safety net adjustment may be offset to the extent of any wage increase received at the enterprise level since 29 May 1991.  Increases made under the current Statement of Principles, excepting those resulting at the enterprise level, are not to be used to offset arbitrated safety net adjustments.

 

(ii)        The rates of pay in this award include the adjustments payable under the State Wage Cases of June 1998 and June 1999. These adjustments may be offset against:

 

(i)         any equivalent overaward payments; and/or

 

(ii)        award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments

 

5.  Superannuation

 

(a)        The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act, 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993.  The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

(b)        The employer shall be a participating employer in any of the following funds:

 

Australian Public Superannuation (APS);

 

Australian Superannuation Savings Employment Trust (ASSET);

 

TWU Superannuation Fund,

 

and shall participate in accordance with the Trust Deed of that fund.

 

(c)        The employer shall contribute to the Fund in accordance with the legislation provided that employer contributions do not fall below 3% of ordinary time earnings:

 

NOTATION: Employer contributions under relevant legislation are set at 7% until 30 June 2000, when they will increase to 8% and a final adjustment of 9% from 1 July 2002.

 

(d)        The employer shall provide each employee upon commencement of employment with membership forms of the fund and shall forward the completed membership form to the fund within 14 days.

 

(e)        An employee may make contributions to the fund in addition to those made by the employer.

 

(f)         An employee who wishes to make additional contributions must authorise the employer in writing to pay into the fund from the employee’s wages a specified amount in accordance with the Trust Deed and the rules of the fund.

 

(g)        An employee may vary any additional contributions by a written authorisation and the employer must alter the additional contributions within 14 days of the receipt of the authorisation.

 

(h)        All contributions shall be made at the completion of each calendar month.

 

(i)         Ordinary time earnings shall be defined as including:

 

(i)         Award classification rate.

 

(ii)        Overaward payment.

 

(iii)       Shift loading - including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty not when worked as overtime

 

(iv)       Casual loading in respect to casual employees including 1/12 Annual Holiday Loading.

 

Ordinary time earnings does not include bonuses, commission, payment for overtime or other extraordinary payment, remuneration or allowance.

 

6.  Enterprise Arrangements

 

The parties to this award may negotiate enterprise arrangements consistent with the principles set out in the Industrial Relations Act 1996, and the relevant State Wage Case principles.

 

7.  Site Consultation

 

Each enterprise shall establish consultative procedures appropriate to the size and structure of the enterprise.

 

8.  Hours

 

(i)

 

(a)        Except as provided elsewhere in this clause, the ordinary hours of work for day workers shall be 38 per week, Monday to Friday, inclusive, between the hours of 6.00 a.m. and 5.00 p.m. or such times as may be agreed between the employer, the union and the majority of employees at each company.

 

(b)        Unless otherwise agreed between the employer and the employees concerned, the ordinary working hours shall be worked as a 19-day, four- week cycle of eight hours each, Monday to Friday, inclusive, between the hours of 6.00 a.m. and 5.00 p.m. from a fixed starting time with 0.4 of one hour each day worked arising as an entitlement to take a leisure day in each four-week cycle as a day paid for as though worked, by rostering employees off in accordance with the terms of clause 8 (ii) below, during a particular work cycle so that each employee has one day off during that cycle.

 

(c)        Provided that, unless otherwise agreed between the employer and employees concerned, outside the counties of Cumberland, Northumberland and Camden, and where the employer gives seven days notice to weekly employees, the ordinary working hours shall be worked as a 19-day four- week cycle of eight hours each, Monday to Friday, inclusive, between the hours of 6.00 a.m. and 5.00 p.m. from a fixed starting time with 0.4 of one hour of each day worked arising as an entitlement to take a leisure day in each four-week cycle as a day paid for as though worked:

 

(1)        by the employer fixing one work day in the fourth week of the cycle as a leisure day on which all employees engaged at a particular work location shall be given the leisure day; or

 

(2)        by the employer fixing two rostered work days on which employees may be rostered off for two half days during a particular work cycle; or

 

(3)        by the employer rostering employees off on various days of the week during a particular work cycle so that each employee has one day off during that cycle; or

 

(4)        by the employer rostering days off or half days off to be accrued for a period not exceeding six "four- week" cycles.

 

(d)        Provided further that, where agreement is reached in accordance with paragraphs (b) and (c), the employer shall notify the union of the details of such agreement prior to its implementation.

 

(ii)        By agreement between the employer and the majority of employees, a rostered day off prescribed in subclause (i) may be postponed.  The period of notice required to be given to an employee of the postponement of the rostered days off as prescribed in subclause (i) shall be five working days.  In the event of a postponement of a rostered day off as prescribed in this subclause, the employee shall be given another Monday or Friday as the rostered day off, within that cycle or the next four-week cycle.  The employee may request and take any other day which is mutually agreed.

 

(iii)       The accrued rostered day off prescribed in subclauses (i) and (ii) shall be taken as a paid day off, provided that the day may be worked where required by the employer if such work is necessary by reason of unforeseen or emergency circumstances, in which case the employee shall take one paid day off before the end of the succeeding work cycle.

 

(iv)       Where such fourth Monday or agreed day off prescribed by subclause (i) falls on a public holiday as prescribed in clause 10, Holidays, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four-week cycle (or the next four-week cycle) is agreed upon between the employer and the employee.

 

(v)        Notwithstanding the provisions contained elsewhere in this clause, an employer can require an employee to accumulate up to five rostered days off per year, such accumulated days to be taken as agreed between the employer and the employee concerned with a minimum of seven days' notice.

 

(vi)       Each day of paid leave taken and any public holidays occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

 

(vii)      Any employee who has not worked, or is not regarded by reason of subclause (iv) as having worked, a complete four-week cycle shall receive pro rata accrued entitlements for each day worked (or each fraction of a day worked) or regarded as having been worked in such cycle, payable for the rostered day off or, in the case of termination of employment, on termination.

 

(viii)     A majority of the employees concerned and their employers mutually may agree upon starting and ceasing times between the prescribed hours.

 

(ix)       Shift Work -

 

(a)        Definitions:

 

"Afternoon shift" means any shift finishing after 6.00 p.m. and at or before midnight.

 

"Night shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.

 

(b)        Hours - The ordinary hours for shift workers shall be an average of 38 hours per week over the full cycle of the relevant work roster. Ordinary hours shall not exceed eight during any consecutive 24 hour period to be worked between Monday and Friday, inclusive; provided that, in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift, the arrangement of hours shall be subject to agreement between the employer and the employees concerned in the plant.

 

(c)

 

(i)         A shift worker while on afternoon shift shall be paid for such shift 25 per cent more than the ordinary rate.

 

(ii)        A shift worker while on night shift shall be paid 33 per cent in addition to the ordinary time rate.

 

(d)        Crib time amounting to 30 minutes shall be allowed and shall be paid for on each shift.

 

(e)        No employee who is employed during ordinary day work hours shall be employed on afternoon or night shifts except at overtime rates.

 

9.  Overtime and Weekend Penalties

 

(i)         Subject to subclause (iii) of clause 8 Hours, and except as hereinafter provided for, all time worked for longer hours or outside the limits of the said clause 8, shall be paid for at the rate of time and one-half for the first two hours and at the rate of double time thereafter. For the calculation of overtime, each day shall stand alone.

 

Double time shall be paid for all time worked on a Sunday.  All ordinary time worked on a Saturday shall be paid for at the rate of time and one-half for the first two hours and at double time thereafter.

 

(ii)        When overtime is necessary, it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

 

An employee who works so much overtime between the termination of the employee's ordinary work on one day and commencement of the employee's ordinary work 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 until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double rates 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 working time during such absence.

 

The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:

 

(a)        for the purpose of changing shift rosters; or

 

(b)        where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

 

(c)        where a shift is worked by arrangement between the employees themselves.

 

(iii)       Employees shall not be required to report at the place of work earlier than the ordinary starting time or return later than the ordinary ceasing time without the payment of overtime.

 

10.  Holidays

 

(i)

 

(a)        Payment to the amount which ordinarily would have been paid had the day been a working day, shall be made for the following days, namely: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Christmas Day, Boxing Day, Eight Hour Day or Labour Day, whenever celebrated, and any other gazetted Federal and State holidays.

 

Reasonable time off shall be allowed by the employer for voting on election and referendum days; provided that in any district where Eight Hour Day is not celebrated, the Sydney Eight Hour Day shall be observed in such district and thereafter the employees shall not be entitled to any further holidays during the year on account of Eight Hour Day.

 

(b)        For time worked on the above public holidays, employees shall be paid double time and one-half.

 

(ii)        The first Monday in December each year shall be a holiday as the picnic day of The Australian Workers' Union, New South Wales Branch.

 

(iii)       Employees not required to work on the said picnic day shall be paid for the holiday at ordinary rates of pay prescribed in clause 3, Wages.

 

(iv)       Employees required to work on the picnic day shall be paid at the rate of double time and one-half for a minimum of four hours.

 

(v)        Employers may require from their employees the butt of the ticket as evidence of their attendance at the picnic.

 

11.  Sick Leave

 

(i)         An employee who, after not less than three months' continuous service in the employee’s current employment, is unable to attend for duty during the ordinary working hours by reason of personal illness or personal incapacity (including incapacity resulting from injury within the Workers' Compensation Act) not due to the employee’s own serious and wilful misconduct, shall be entitled to be paid at the ordinary-time rate of pay for the time of such non-attendance, subject to the following:

 

(a)        Payment in connection with sick leave is to be made on the next regular pay day after the employee reports sick and such payment shall continue on regular pay days until the employee exhausts all sick leave or resumes duty.

 

(b)        The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to Workers' Compensation.  Sick leave shall not be payable under this clause until the completion of the period covered by the Worker’s Compensation claim.

 

(c)        The employee shall, within eight hours of the commencement of such absence, inform the employer or the employer representative of the employee’s inability to attend for duty and, as far as possible, state the nature of the illness or incapacity and the estimated duration of the same.

 

(d)        The employee shall provide satisfactory evidence to the employer of the inability of the said employee to attend for duty due to illness or incapacity. This shall apply for all days for which payment under this clause is claimed.

 

(e)        Subject to the provisions of paragraph (f), an employee shall be entitled in each year of continuous service to sick pay for a maximum period of 10 days.

 

(f)         The rights under this clause shall accumulate from year to year so long as the employment continues with the employer, whether under this or any other award, so that any part of 10 days which has not been allowed in any one year may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of continuous employment.

 

(g)        For the purpose of this clause, "continuous service" shall be deemed not to have been broken by:

 

(1)        any absence from work on leave granted by the employer; or

 

(2)        any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall in each case be upon the employee); provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

 

12.  Personal Carer's Leave

 

(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), 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, provided for in clause 11, sick leave, 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 step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee; or spouse or de facto spouse of the employee; or

 

(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 the purposes of this paragraph:

 

(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 other; and

 

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

 

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

 

(2)        Unpaid Leave for Family Purpose -

 

(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 (1) who is ill.

 

(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 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(4)        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.

 

(5)        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 on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6)        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 the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which 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(s) to participate in negotiations.

 

13.  Long Service Leave and Annual Holidays

 

(i)         See Long Service Leave Act 1955 and Annual Holidays Act 1944.

 

(ii)        In addition to the entitlement accruing under subclause (i) of this clause, during a period of annual leave an employee shall receive a loading calculated on the wage rate prescribed by clause 3, Wages.

 

The loading shall be calculated as follows:

 

(a)        Day Workers - An employee who would have worked only on day work had the employee not been on leave - a loading of 17.5 per cent.

 

(b)        Shift Workers - An employee who would have worked on shift work had the employee not been on leave - a loading of 17.5 per cent.

 

Provided that where the employee would have received shift loadings as prescribed by this award had the employee not been on leave during the relevant period, and such loadings would have entitled the employee to a greater amount than the loading of 17½ per cent, then the shift loadings shall be added to the rate prescribed by clause 3, Wages, in lieu of the 17.5 per cent loading.

 

Conversely, if the shift loadings would have entitled the employee to a lesser amount than the loading of 17.5 per cent then such loading of 17.5 per cent shall be added to the rate of wages prescribed by the said clause 3, in lieu of the shift loading.

 

14.  Bereavement Leave

 

(i)         An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (iii) of this clause.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 12, Personal/Carer’s Leave, provided that for the purposes of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Bereavement leave may be taken in conjunction with the other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 12. In determining such a request the employer will give special consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

15.  Payment of Wages and Termination of Employment

 

(i)         One day of each pay period shall be recognised as pay day for each job. It shall not be later than the same day in each period.  When or before payment of wages is made to an employee, the employee shall be issued with a docket showing, at least, the gross amount of wages and the amount of any deductions which are made from the employee’s earnings. Employees shall be paid during ordinary working hours. If they are paid during the usual meal time, such time so occupied shall be added to the actual meal time. Any employee required to wait after ordinary ceasing time to receive payment of wages shall be paid at ordinary rates for all time the employee is kept waiting to be paid.

 

(ii)        When employees are discharged, except for misconduct, they shall be paid wages due to them at the time of their discharge. In the case of discharge for misconduct, they shall be paid all wages due to them within 24 hours after discharge.

 

(iii)       In the case of any delay beyond the time herein stated, the employees shall be paid at ordinary rates for all working time they are kept waiting. The pay period shall close not more than three working days before the recognised pay day.

 

(iv)       Where the majority of employees in a particular company agree or in the case of an individual employee with the said employee’s consent, wages may be paid weekly by electronic funds transfer.

 

16.  Contract of Employment

 

(i)         Employment shall be by the week. An employee, to become entitled to payment on a weekly basis, shall, except as provided by clause 11, Sick Leave, perform such work as the management shall, from time to time, require on the days and during the hours usually worked by the class of employees affected.

 

(ii)        Employment for the first three months service shall be from day to day at the weekly rate fixed; provided that any employee who has once served a probationary period of three months with any employer shall not be subject to be employed for a second probationary period with any employer.  Provided further that an employee shall be paid for any holiday or holidays which occur during any period the employee is employed on probation pursuant to this clause.

 

(iii)

 

(a)        Employment shall be terminated by the employer providing notice in accordance with the following scale, or by payment of the relevant amount of wages in lieu of notice, as the case may be.  Such notice is to be given at any time during the week. This shall not affect the right of management to dismiss any employee without notice for serious and wilful misconduct, and in such cases wages shall be paid up to the time of dismissal only.

 

Employee’s period of continuous service with the

Period of Notice

employer

 

Not more than 1 year

1 week

More than 1 year but not more than 3 years

2 weeks

More than 3 years but not more than 5 years

3 weeks

More than 5 years

4 weeks

 

(b)        The period of notice is increased by 1 week if the employee is over 45 years old and has completed at least two years of continuous service with the employer.

 

(c)        Employment shall be terminated by the employee providing one weeks notice, such notice to be given at any time during the week, or by payment or forfeiture of a week’s wages as the case may be.

 

(iv)       Provision shall exist under this award for the engaging of term employees.  A term employee is defined as an employee engaged for a fixed period to cover the absence of another employee. Term employees shall become entitled to payment on a weekly basis as prescribed in subclause (i).

 

(v)        "Part-time Employees" - Employees may be employed to work regular days and regular hours less than 38 hours per week, provided that -

 

(a)        The set weekly hours for such an employee be determined upon engagement, which shall include normally starting and finishing times, and thereafter not changed other than by agreement.

 

(b)        Notwithstanding (a) above, a minimum of 3 days x 5 consecutive hours shall be worked each week by such employees; provided that an employer may, instead of the aforementioned, elect to observe any existing minimum engagement provisions for part-time employees prescribed in enterprise arrangements.

 

(c)        Any work beyond the contracted hours, but not exceeding 2 hours per day, shall be at single time, provided that the overtime provision of this Award shall apply.

 

(d)        The spread of ordinary hours allowable for part-time employees shall be as set out in subclause 8 (i) (a) of this Award, and their hourly rate equal to the appropriate weekly rate for full-time employees, and divided by 38.

 

(e)        Where there are more than three full-time employees engaged under this award in any establishment the ratio of full-time employees to non full-time employees (including casual and permanent part-time employees), shall remain 4:1.

 

(f)         No full-time employee shall be forced to reduce to part-time employment because of the insertion of this provision.

 

(g)        All other provisions of this Award, where applicable, shall apply to part-time employees on a pro-rata basis.

 

(vi)       Provision shall exist under this award for the engaging of casual employees.  A casual employee is defined as an employee engaged on an hourly basis and for a minimum period of eight hours on one day. A casual employee shall be paid per hour one thirty-eighth of the weekly rate prescribed by this award for the class of work performed, plus a loading of 15 per cent, plus a loading of one twelfth in lieu of annual leave entitlements.

 

(vii)      An employee not attending for duty shall, except as provided by clause 11, Sick Leave, lose pay for the actual time of such non- attendance.

 

(viii)

 

(a)        Notwithstanding anything expressed or implied in this award, an employer bound by this award is exempted from liability to pay an employee employed by the employer thereunder for a period or periods during which:

 

(1)        The employee has not performed the usual duties by reason of:

 

(A)       any strike or other stoppage of work wherever occurring;

 

(B)       any shortage or restriction of supplies or interruption to work for which the employer cannot reasonably be held responsible;

 

(C)       any shortage of cement brought about directly or indirectly as a result of industrial stoppages or strikes.

 

(2)        Reasonably, other work has not been found for the employee.  Provided that:

 

(A)       any employee who is required to attend for work on any day and who works on that day for less than a full day shall be paid the ordinary pay for the time worked or for four hours, whichever be greater; provided that, if the employee works for not less than 75 per cent of the ordinary hours for the day, the employee shall be paid the ordinary pay for a full day; and

 

(B)       an employee who is required to attend for work on any day and who attends and who is not required to work shall be paid for that day the ordinary pay for two hours plus an amount as set out in Item 5 of Table 2 - Allowances and Other Matters, of Part B.

 

(b)        An employee who, pursuant to this subclause, is not required to work for any period shall be deemed to have worked for that period for all purposes related to leave of any kind, whether prescribed by any Act or award or industrial agreement or otherwise or related to entitlement to any holiday prescribed by any award or industrial agreement.

 

(c)        An employee shall not be a part-time employee or a casual employee merely by reason of not being required, pursuant to this subclause, to work for any period.

 

(d)

 

(1)        Notwithstanding anything contained in any award requiring the giving of a longer period of notice of termination of employment, an employee to whom this subclause is applied by an employer shall be entitled to terminate employment by giving one day's notice of such termination or by forfeiting one day's pay.

 

(2)        An employee whose employment is terminated pursuant to this subclause otherwise than by forfeiting one day's pay shall be regarded as having had the employee’s employment terminated by the employer without default of the employee.

 

(e)        Where the usual pay day of an employee to whom this subclause is applied occurs during any period when the employee is stood down, the employer may postpone that pay day of such employee to the next day on which the employee works, unless the employee, while so stood down, elects to attend on the relevant usual pay day at the place where the employee is usually paid.

 

(f)         An employer shall daily, make and preserve and keep a true and accurate record of; the name of each employee to whom the employer applies this subclause, and, of the days and times when the employee was, because of the said application of this subclause, not required to work, and shall make such record available for the inspection by the Secretary of the industrial union concerned at any time that is reasonable in the circumstances.

 

(g)        Any employee who is stood down under this subclause shall be at liberty to take other employment and, in the event of so doing, it shall be reasonable excuse for not reporting for duty after being notified that the employee is required to attend for work with the company that the employee is working out a period of notice not exceeding two weeks which the employee is required to give in such other employment.

 

(h)        Any employee whom the employer proposes to stand down under this subclause shall be entitled to elect to take any annual leave or long service leave to which the employee is entitled or which is accruing to the employee.

 

17.  Country Work

 

(i)         Country work shall mean employment at a place which requires the employee to live away from the usual place of residence.

 

(ii)        All employees, sent by the employer from the city to the country or from one country centre to another country centre or from a country centre to the city, shall have their fares provided by the employer and, on remaining until the completion of the job or until the special work which they were sent to perform is completed and no other work is provided by the employer, shall be entitled to fares back to the place of engagement.

 

(iii)       Any person selected for work and sent by an employer or the employer's agent, from the city to the country or from one country centre to another or from a country centre to the city, shall have the necessary fares provided by the employer.

 

(iv)

 

(a)        Where employees are sent from one place to another, as prescribed by this clause, the employer shall provide reasonable board and lodging or shall pay an amount per week of seven days as set out in Item 6 of Table 2 - Allowances and Other Matters, of Part B, Monetary Rates, but such allowance shall not be wages.

 

(b)        In the case of broken parts of a week, the allowance shall be all living expenses actually and reasonably incurred but not exceeding the amount per week as set out in Item 7 of Table 2 - Allowances and Other Matters, of Part B, provided that the foregoing allowance shall not be paid by the employer where camping facilities are provided.

 

(v)        Time occupied in travelling to and from country work shall be paid for at ordinary rates in addition to wages otherwise earned; provided that no employee shall be paid more than the ordinary day's wages for any time not exceeding 24 hours spent in travelling.

 

(vi)       Where employees are sent from one place to another, as prescribed by this clause, they shall be allowed the amount as set out in Item 8 of Table 2 - Allowances and Other Matters, of Part B, for each meal hour while travelling or waiting en route, and if required to spend the night at some place en route shall be allowed the amount as set out in Item 9 of the said Table 2 for a bed or accommodation as arranged by the employer. These provisions also shall apply to the return journey.

 

(vii)      If employees are transferred to another job, at their own request, they shall not be entitled to fares or any allowances under this clause.

 

18.  Mixed Functions

 

An employee engaged for more than 2 hours during any one day on duties carrying a higher rate than the ordinary classification shall be paid the higher rate for the whole of such day.  If the employee is engaged for 2 hours or less during any one day the employee shall be paid the higher rate for the time so worked.

 

An employee who temporarily is required to do work for which a lower rate is paid shall not suffer any reduction in wages while so employed; provided that any work of less than 3 weeks' duration shall be deemed to be temporary.

 

19.  First-Aid

 

(i)         See regulation 119 of the Construction Safety Act 1912.

 

(ii)        In the event of any serious accident happening to any employee while at work, transport facilities to the nearest hospital or doctor shall be provided at the expense of the employer.

 

(iii)       Any employee appointed by the employer to perform first-aid duty shall be paid an amount per day as set out in Item 10 of Table 2 - Allowances and Other Matters, of Part B, in addition to the ordinary rate.

 

20.  Reporting for Duty

 

Employees directed to report for work on a Saturday or a Sunday and not being required shall be paid for four hours at overtime rates.

 

21.  Tools

 

(i)         All tools required shall be provided, free of charge, by the employer. The employer shall provide such masks, goggles or other protective equipment necessary for the safe and efficient use of such tools, and the employee shall wear or use such protective equipment.

 

(ii)        Such protective clothing shall remain the property of the employer and shall be produced, when required, by the employee for inspection by the employer.

 

(iii)       Loss due to neglect or misuse by the employee shall be a charge against the wages of the employee.  A deduction at a reasonable rate may be made by the employer from the wages of the employee, provided that no such deduction shall be made for reasonable wear or tear.

 

22.  Fares

 

(i)         An employee temporarily transferred from the usual place of employment to another location shall be paid at ordinary rates for all time in excess of that usually spent in travelling to that place of employment. When required to use a private vehicle, an employee shall be paid an amount per kilometre as set out in Item 11 of Table 2 - Allowances and Other Matters, of Part B, Monetary Rates, for all distance travelled in excess of that travelled to the usual place of employment.

 

(ii)        Subclause (i) above shall not apply to employees who are engaged to regularly relieve other employees at batching plants.

 

(iii)       An employee who is required to travel from one batch plant to another at the direction of the employer during working hours, and who is required to provide transport shall be paid at the rate of an amount per kilometre as set out in Item 12 of the said Table 2.

 

23.  Meal Allowance

 

(i)         Any employee required to work overtime for more than one and one-half hours after the ordinary ceasing time, without being notified on the previous day or earlier, shall be provided with a meal or shall be paid an amount as set out in Item 13 of Table 2 - Allowances and Other Matters, of Part B, Monetary Rates, for such meal and after the completion of each further four hours on continuing overtime, shall be paid an amount as set out in Item 14 of the said Table 2 for each subsequent meal in addition to the overtime payment.

 

(ii)        Except as provided by subclause (ix), Shift Work, of clause 8, Hours, time taken for such meal or meals shall not be paid for.

 

(iii)       If an employee, pursuant to notice, has provided a meal or meals and is not required to work overtime, the employee shall be paid an amount as set out in Item 13 of Table 2 for the first meal and an amount as set out in Item 14 of Table 2 for each subsequent meal provided.

 

24.  Meal Breaks

 

(i)         Unless otherwise agreed upon by the majority of the employees concerned and their employer, a recognised meal break of 30 minutes shall be allowed each day between the hours of 11.30 a.m. and 1.00 p.m. as an unpaid meal break.

 

(ii)        Unless otherwise agreed upon by the employer and employees concerned, employees called upon to work during the recognised meal break shall be paid at overtime rates for the full period of the meal break, regardless of actual time worked.

 

(iii)       Subclause (ii) applies provided that where, for special reasons, it is necessary to alter the time of the recognised meal break, employees may be called upon to work at ordinary rates for a period not exceeding 30 minutes from the commencement of the recognised meal break; provided further that they receive equivalent meal time.

 

25.  Union Representative

 

A union representative appointed by the employees shall be allowed the necessary time, during working hours, to interview the engineer or officer-in-charge, on matters affecting the employee whom they represent.

 

26.  Right of Entry

 

See Part 7 of Chapter 5 of the Industrial Relations Act of 1996.

 

27.  Redundancy

 

(A)       Application -

 

(i)         This clause shall apply in respect of full-time and part-time persons employed in the classifications specified in Part B Table 1 - Monetary Rates.

 

(ii)        In respect to employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the terms of paragraph (i) of subclause (D) of this clause.

 

(iii)       Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be not more than to give such employees an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(iv)       Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(B)       Introduction of Change -

 

(i)         Employer's Duty to Notify -

 

(a)        Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effect on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(b)       'Significant effects' include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that where this award makes provision for alteration of any of the matter referred to herein, an alteration shall be deemed not to have significant effect.

 

(ii)        Employer's Duty to Discuss Change -

 

(a)        The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(b)       The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (i).

 

(c)        For the purposes of such discussions, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on the employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(C)       Redundancy -

 

(i)         Discussions before Terminations -

 

(a)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subclause (B) - Introduction of Change, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(b)       The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of subparagraph (a) of this paragraph and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(c)        For the purpose of the discussion the employer shall, as soon as is practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(D)       Termination of Employment -

 

(i)         Notice for Changes in Production, Program, Organisation or Structure - This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, program, organisation or structure, in accordance with subparagraph (a) of paragraph (i) of subclause (B) of this clause.

 

(a)        In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

Period of Continuous Service

Period of Notice

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

(b)       In addition to the notice above, employees over 45 years of age at the time of the giving of notice, with not less than two years continuous service, shall be entitled to an additional week’s notice.

 

(c)        Payment in lieu of notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(ii)        Notice of Technological Change - This paragraph sets out the notice provision to be applied to terminations by the employer for reasons arising from technology in accordance with subparagraph (a) of paragraph (I) of subclause (B) of this clause.

 

(a)        In order to terminate the employment of an employee the employer shall give to the employee three months notice of termination.

 

(b)       Payment in lieu of notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(c)        The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(iii)       Time off during notice period -

 

(a)        During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

 

(b)       If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(iv)       Employee leaving during the Notice Period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(v)        Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

 

(vi)       Notice to Employment National - Where a decision has been made to terminate employees, the employer shall notify Employment National thereof as soon as possible, giving relevant information, including the number and categories of employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(vii)      CentreLink Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.

 

(viii)     Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in subparagraph (a) of paragraph (I) of subclause (B) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated and the employer may, at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rate for the number of weeks notice still owing.

 

(E)        Severance Pay -

 

(i)         Where the employment of an employee is to be terminated pursuant to subclause (D) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service.

 

(a)        If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of Service

Under 45 Years of Age Entitlement

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

(b)       Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

 

Years of Service

45 Years of Age and Over Entitlement

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

(c)        ‘Week’s pay means the all-purpose rate of pay  for the employee concerned at the date of termination and shall include in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award.

 

(ii)        Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause.

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (i) will have on the employer.

 

(iii)       Alternative Employment - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (i) if the employer obtains acceptable alternative employment for an employee.

 

(F)        Savings Clause - Nothing in this clause shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy agreement, taken as a whole, between the union and any employer bound by this award.

 

28  Employees Recalled to Work

 

Where an employee is recalled to work after leaving the job, the employee shall be paid for a minimum of four hours at overtime rates.

 

29.  Protective Clothing

 

(i)

 

(a)        The employer, where required, shall supply, free of charge, one pair of overalls or one pair of trousers and one shirt per annum.

 

(b)        Employees shall be supplied with gum boots and safety boots where required.

 

(ii)        Such protective clothing shall remain the property of the employer and shall be produced, when required, by the employee for inspection by the employer.

 

(iii)       Loss due to any cause arising out of neglect or misuse by the employee shall be a charge against the wages of the employee.  A deduction at a reasonable rate may be made by the employer from the wages of the employee, provided that no such deduction shall be made for reasonable wear or tear.

 

(iv)       Such overalls or trousers and shirts shall be laundered by the employer, free of charge, or an amount per week as set out in Item 15 of Table 2 - Allowances and Other Matters, of Part B, shall be paid to the employee in lieu thereof.

 

30.  Disputes Resolution Procedures

 

The procedure for the resolution of industrial disputation will be in accordance with the Industrial Relations Act 1996. These procedural steps are:

 

(i)         Procedure relating to a grievance of an individual employee:

 

(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 the source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(c)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)        At the conclusion of the discussions, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)        While a procedure is being followed, normal work must continue.

 

(f)         The employee may be represented by an industrial organisation of employees.

 

(ii)        Procedure for a dispute between an employer and the 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 must be allowed for discussion at each level of authority.

 

(c)        While a procedure is being followed, normal work must continue.

 

(d)        The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

 

31.  No Reduction

 

No employee will have entitlements reduced by the making of this award.

 

32.  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 on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)        Under the Anti-Discrimination Act, 1977 it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(4)        Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation.

 

(b)        Offering or providing junior rates of pay to persons under 21 years of age.

 

(c)        Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.

 

(d)        A party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

33.  Area, Incidence and Duration

 

This award rescinds and replaces the Cement Mixers and Concrete Workers, Central Batch Plants (State) Award published 13 January 1995 (283 I.G. 33) and all variations thereof.

 

This award shall apply to weighers and batchers and assistants employed at ready-mixed concrete batch plants by companies engaged in the production of ready-mixed concrete for sale within the jurisdiction of the Labourers, Railway and Road Construction, &c. (State) Industrial Committee, within the State, excluding the Municipality of Broken Hill.

 

This award shall take effect from the first full pay period to commence on or after 24 February 2000 and shall

remain in force for a period of 12 months.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

 

Column A

Column B

Column C

Classification

Former Rate

SWC 1999

Total

 

$

$

$

Grade 1 - Trainee

433.00

12.00

455.00

Grade 2 - Plant Assistant

452.30

12.00

464.30

Grade 3 - Batching

480.60

12.00

492.60

Grade 3

 

 

 

(a) Single Batcher in a manual plant

 

 

 

with more than 15 delivery vehicles

488.00

12.00

500.00

(b) Field sampling and testing

488.60

12.00

500.60

Grade 4

 

 

 

(a) Country batch plant operator in

 

 

 

plant with up to 9 delivery vehicles

494.90

12.00

506.90

(b) Country batch plant operator in

 

 

 

plant with more than 9 and up to 15

 

 

 

vehicles

502.90

12.00

514.80

Grade 5

 

 

 

(a) Allocating plant with up to 9

 

 

 

delivery vehicles

494.90

12.00

506.90

(b) Allocating plant with more than 9

 

 

 

and up to 15 vehicles

502.80

12.00

514.80

(c) Allocating plant with more than 15

 

 

 

delivery vehicles

510.30

10.00

520.30

Grade 6

 

 

 

(a) Allocating and batching plant with

 

 

 

up to 9 delivery vehicles

502.80

12.00

514.80

(b) Allocating and batching plant with

 

 

 

more then 9 and up to 15 delivery

 

 

 

vehicles

510.30

10.00

520.30

(c) Allocating and batching plant with

 

 

 

more than 15 delivery vehicles

521.10

10.00

531.10

 

Table 2 - Allowances and Other Matters

 

Item

Clause

Brief Description

Amount

No.

No.

 

$

1

3(ii)

Leading hands - In charge of more than 2 and up to and including 5

15.25

 

 

employees and/or delivery trucks

per week

2

3(ii)

In charge of more than 5 and up to and including 10 employees and/

17.65

 

 

or delivery trucks

per week

3

3(ii)

In charge of more than 10 employees  and/or delivery trucks

24.00

 

 

 

per week

4

3(iii)

Industry allowance

17.45

 

 

 

per week

5

16(viii)

Attends work but is not required

1.13

 

(2)(B)

 

 

6

17(iv)(a)

Board and lodging

282.30

 

 

 

per week

7

17(iv)(b)

Living expenses maximum

282.30

 

 

 

per week

8

17(vi)

Meal allowance en route

7.80

9

17(vi)

Bed allowance

40.35

10

19(iii)

First-aid allowance

1.70 per

 

 

 

day

11

22(i)

Travel allowance

0.61 per km

12

22(iii)

Travel allowance

0.61 per

 

 

 

km

13

23(i),(iii)

First meal

7.80

14

23(i),(iii)

Subsequent meal

6.62

15

29(iv)

Laundry allowance

7.50 per

 

 

 

week

 

 

 

B. W. O' NEILL, Commissioner.

 

 

____________________

 

 

 

 

Printed by the authority of the Industrial Registrar.

 

 

 

 

 

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