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New South Wales Industrial Relations Commission
(Industrial Gazette)





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MINERAL SANDS MINING AND TREATMENT INDUSTRY (STATE) CONSOLIDATED AWARD
  
Date04/20/2001
Volume324
Part1
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.B9847
CategoryAward
Award Code 477  
Date Posted06/13/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(477)

SERIAL B9847

 

MINERAL SANDS MINING AND TREATMENT INDUSTRY (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 6136 of 1999)

 

Before Commissioner Murphy

21 November and 13 December 2000

 

REVIEWED AWARD

 

PART A

 

1.         Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Contract of Employment

3.         Classification Structure and Wage Rates

4.         Shift Work

5.         Allowances

6.         Higher Duties

7.         Tools, Safety Equipment and Protective Clothing

8.         Meals, Rest Breaks and Meal Allowances

9.         Travelling and Accommodation

10.       Hours

11.       Accrued Leisure Time

12.       Overtime and Callback

13.       Rest Period after Overtime

14.       Holidays

15.       Annual Leave

16.       Days Added to Annual Leave

17.       Annual Leave Loading

18.       Sick Leave

19.       Bereavement Leave

20.       Jury Service

21.       Long Service Leave

22.       Personal/Carer's Leave

23.       Superannuation

24.       Apprenticeship

25.       Disputes Settlement Procedure

26.       Amenities

27.       Right of Entry

28.       Union Notices

29.       Accredited Union Representative

30.       Time and Payment of Wages

31.       Anti-Discrimination

32.       Consultative Mechanism

33.       Enterprise Arrangements

34.       Redundancy

35.       Area, Incidence and Duration

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

2.  Contract of Employment

 

(i)         Weekly Employment - Except as provided in the Industrial Relations Act 1996 and subclause (ii) of this clause, employment shall be by the week.  Any employee not specifically engaged as a part-time or casual employee shall be deemed to be employed by the week.

 

(ii)        Casual Employment - A casual employee is one engaged and paid as such. A casual employee for working ordinary time shall be paid per hour one thirty-eighth of the weekly award wage prescribed herein for the work which they perform, plus 25 per cent.  The additional 25 per cent is inclusive of a one-twelfth component of annual leave.

 

(iii)       Employees shall perform such work as the employer shall, from time to time, reasonably require and an employee not attending for or not performing duty shall lose pay for the actual time of non- attendance or non-performance.

 

(iv)       Employment shall be terminated by a week's notice on either side, given at any time during the week, or by the payment or forfeiture of a week's wages, as the case may be.  This clause shall not affect the right of the employer to dismiss any employee without notice for neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only, or to deduct payment for any day or part of a day during which the said employee or employees cannot be usefully employed because of any strike, cyclone or flood or any breakdown in plant or machinery or any cause necessitating stoppage of production for which the union representative and the employer agree that the employer cannot reasonably be held responsible.

 

(v)        If an employee attends for work at the usual place of employment without receiving prior notice that they will not be required to work on that particular day or shift because of circumstances described in subclause (iv) of this clause, the said employee shall be paid a minimum of four hours at the usual rate of pay.

 

(vi)       Where an employee has given or been given notice as aforesaid, they shall continue in employment until the date of the expiration of such notice.  Any employee who has given or been given notice as aforesaid and without reasonable cause (proof of which shall lie on the employee) absents themselves from work during such period, shall be deemed to have abandoned employment and shall not be entitled to payment for work done within that period.

 

(vii)      An employee not attending for duty shall, except as provided by clause 18, Sick Leave, lose pay for the actual time of such non- attendance.

 

(viii)     Where an employer has given notice pursuant to subclause (iv) of this clause, an employee, on request, shall be granted leave of absence without pay for one day in order to look for alternative employment.

 

(ix)       In consideration of the wage increases resulting from the first structural efficiency adjustment, employees are to perform a wider range of duties which are incidental or peripheral to their main tasks or functions.  It is accepted that the performance of a wider range of duties may mean involvement in non-traditional areas.  The union and its members are committed to assisting in overcoming any demarcation problems as part of this process.

 

(x)        Employees may be required to undertake training for a wider range of duties and/or access to higher skill levels as detailed in the classification structure and/or to assist in the implementation of structural efficiency negotiations.

 

3.  Classification Structure and Wage Rates

 

Preamble - The parties are committed to modernising the terms of this award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

 

A position must be available and the employee required to perform the functions of that position, before being appointed to a higher level. This should not deter persons from gaining qualifications ready for the next available position.

 

Employees from any level may be engaged in supervisory (or leading hand) duties.

 

Employees in trade levels may be required to perform work which, while primarily involving the skills of the employee's trade, is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional

formal technical training.

 

To meet the specific needs of the organisation or section of the organisation, the classification structure outlined herein may be varied by agreement between the employer and the majority of employees concerned.

 

(i)         Weekly wage rates for each classification are set out in Table 1 - Wages, of Part B, Monetary Rates. 

 

(ii)        The rates of pay in this award include the adjustments payable under the State Wage Case 2000. These adjustments may be offset against:

 

(a)        any equivalent overaward payments; and/or

 

(b)       award wage increases since 29 May 1991 other than safety net adjustments and minimum rates adjustments

 

(iii)       For the purposes of payment, "Marker Off" means a fitter or boilermaker, the greater part of whose time is occupied in marking off.  "Welder - Special Class" means a tradesperson using electric arc and/or oxy-acetylene equipment who is required to, and is competent to, apply general trade experience in welding all the following classes of metals: mild steel, stainless steel, cast iron, aluminium, copper, brass, diecast metal and magnesium.

 

(iv)       "Leading Hands" are employees appointed by the employer as leading hands and shall be paid as set out in Items 1 and 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the ordinary rate of pay.

 

(v)        "Junior Employees" shall be paid the percentages of the rate applicable to the General Hand classification as set out in the said Table 1.

 

4.  Shift Work

 

A "Shift Worker" means an employee working on a two or more shift system. The following conditions and allowances shall apply to shift workers:

 

(i)         Allowances -

 

(a)        Shift workers while working afternoon shifts shall be paid as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for each ordinary shift worked.

 

(b)        Shift workers while working night shifts shall be paid as set out in Item 4 of the said Table 2 for each ordinary shift worked.

 

(c)        The minimum rate to be paid to any shift worker for work performed on Saturday shall be time and three-quarters and Sunday shall be double time. Such extra rates shall be in substitution for and not cumulative upon the shift allowances prescribed in paragraphs (a) and (b) of this subclause.

(ii)        Saturday and Sunday Work -

 

(a)        All ordinary time worked on Saturday or Sunday shall be paid for at the rate prescribed by subclause (i) of this clause.

 

(b)        All overtime worked on Saturday and Sunday shall be paid for at the rate of double time.

 

5.  Allowances

 

(i)         Overall Disability Allowance - In addition to all rates otherwise prescribed, an allowance as shown in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be paid in lieu of all or any disabilities encountered on the job, except as hereinafter provided.

 

(ii)        Immersion Allowance - An employee who, at the direction of the employer, is obliged to completely immerse themself shall be paid an allowance as shown in Item 6 of the said Table 2.

 

(iii)       Electrical Mechanic's Licence - In addition to the rates prescribed in Table 1 - Wages, of Part B, Monetary Rates, a person employed and working as a tradesperson and possessing a New South Wales Electrical Licence (Qualified Supervisors Certificate (Electrician) and Certificate of Registration (Electrician)) issued under the Building Services Act 1989 No 147 shall be paid the allowance as shown in Item 7 of Table 2.  This allowance shall be paid for all purposes of the award.

 

(iv)       No Showers Allowance - Where showers are not provided at any establishment covered by this award, an amount as shown in Item 8 of Table 2 shall be paid to each employee working from such establishment until showers are provided.

 

(v)        First-aid Allowance - The employer shall provide and maintain a suitable first-aid outfit in accordance with the Occupational Health and Safety (First-aid) Regulations 1989 which shall be available to employees and, where practicable, a qualified first-aid person for each area of operation shall be appointed by the employer.  An employee so appointed for first-aid duties shall be paid an allowance as shown in Item 9 of Table 2.  In addition, employees upon successful completion of an appropriate qualification in a first-aid course shall be entitled to reimbursement of course expenses by the employer.

 

6.  Higher Duties

 

(i)         Subject to subclause (ii) of this clause, an employee who, on any day or shift, is required to do the work of a higher paid level for at least one hour shall be paid at the rate prescribed for such work while so engaged.

 

(ii)        An employee who is required to do work carrying a higher rate than their usual level for more than two hours of any day or shift shall be paid at the higher rate for the whole of the day or shift.

 

7.  Tools, Safety Equipment and Protective Clothing

 

(i)         Tools -

 

(a)        The employer shall continue to provide such tools of trade as were customarily provided at the time of making this award.  For tools not customarily provided by the employer at the date of the commencement of this award, but which are ordinarily required by employees for the performance of their duties and are supplied by such employees, an allowance as set out in Item 10 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be paid, subject to the employee maintaining an adequate kit of tools.

 

(b)        Notwithstanding the provisions of paragraph (a) of this subclause, apprentices and tradespeople (other than electrical apprentices and electrical tradespeople) shall, in lieu of the allowance prescribed in the said paragraph (a), be paid an allowance as set out in Item 11 of the said Table 2 for supplying and maintaining tools ordinarily required in the performance of their work.

 

(c)        Where it was the practice as at 20 August 1990 for the employer to provide all tools ordinarily required (other than for electrical apprentices and electrical tradespeople) in the performance of their work, the employer may continue that practice and, in that event, the allowance prescribed in paragraph (b) of this subclause shall not apply.

 

(d)        Notwithstanding paragraphs (b) and (c) of this subclause, an employer shall provide all necessary power tools, special purpose tools and precision measuring instruments.

 

(ii)        Protective Clothing and Safety Equipment -

 

(a)        Each employee shall be issued, free of charge, with two sets of protective clothing items in accordance with site conditions and company policy, and items supplied under this clause will be replaced on the surrender of the worn out items.

 

(b)        Compensation to the extent of the damage sustained shall be made where, in the course of the work, clothing, spectacles, medical identification items or tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances, provided that compensation shall not be payable for damage sustained to spectacles where proper protective equipment is provided and not used by the employee; provided further that the employer's liability in respect of tools shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties; and provided further that this subclause shall not apply when an employee is entitled to workers' compensation in respect of the damage.

 

(c)        Where necessary, goggles, wet weather clothing and one pair of boots shall be supplied to employees free of charge.

 

(d)        Boots shall either be gum boots or leather boots, at the option of the employee. Where an employer's function shall from time to time require the employee to wear either leather or gum boots, both shall be supplied.

 

(e)        Equipment and clothing specified in this clause shall always remain the property of the employer and shall be exchanged on a fair wear and tear basis.

 

8.  Meals, Rest Breaks and Meal Allowances

 

(i)         A meal break of at least 30 minutes, but not more than one hour, shall be allowed to day workers and shall not be counted as time worked.

 

(ii)        Thirty minutes shall be allowed shift workers each shift for crib time, which shall be taken so as not to interfere with the continuity of work and shall be counted as time worked.

 

(iii)       An employee required to work overtime for more than two hours after their ordinary ceasing time and who has not been notified on the immediately preceding working day that they will be required to work such overtime, shall be paid an allowance as set out in Item 12 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(a)        If an employee, pursuant to notice, has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, the employee shall be paid as above prescribed for meals which they had provided but which are surplus.

 

(b)        Unless the employer advises an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be), the employer shall provide such second and/or subsequent meals or make payment in lieu thereof as above prescribed.

 

(iv)       An employee shall not be compelled to work for more than five hours without a break for a meal, except for emergency breakdowns. For work performed during meal periods and thereafter until a meal break is allowed, time and a half rates shall be paid.

 

(v)        If the period of overtime is greater than two hours, an employee, before starting overtime after working ordinary hours, shall be allowed a meal break of 30 minutes paid for at ordinary rates. An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand, provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 30 minutes.

 

(vi)       An employee working overtime shall be allowed further meal breaks of 30 minutes which shall be counted as time worked after every four hours of overtime worked if the employee continues to work after such meal break(s).

 

(vii)      A rest break during each ordinary day or shift shall be allowed to every employee at a time to be arranged by the employer, without deduction from wages.  The employer shall provide the necessary facilities to brew hot beverages, provided that the taking of the rest break shall not involve a complete stoppage of work.

 

9.  Travelling and Accommodation

 

(i)

 

(a)        An employee sent from their usual place of employment to another shall be paid travelling time while necessarily travelling between locations and expenses while so absent from their usual locality.

 

(b)        The time occupied in travelling to the new locality shall be paid for at ordinary rates in addition to wages otherwise earned for time worked; provided that an employee shall not be entitled to more than an ordinary day's wages for any time not exceeding 24 hours spent in travelling.

 

(c)        Expenses, for the purposes of this subclause, shall mean:

 

(1)        all fares reasonably incurred; and

 

(2)        reasonable expenses actually incurred while travelling, including an allowance as set out in Item 13 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, and if required to spend the night at some place en route, the cost of overnight accommodation, reasonably incurred.

 

(d)        The provisions of paragraphs (a), (b) and (c) of this subclause shall apply to the return journey.

 

(e)        Where an employee is required to live away from their usual place of residence, the employer shall provide reasonable board and lodging.

 

(f)         Provided that, where a caravan is provided in a remote area, the employee shall receive, in addition, an allowance as set out in Item 14 of the said Table 2 for each day the employee is obliged to live in the caravan.

 

(ii)        Where no public transport is available or the means of transport to the job is not provided by the employer, and when the employee's home is more than three kilometres from the job by the nearest practical land route, an allowance as set out in Item 15 of Table 2 will be paid.

 

(iii)       An employee shall not be entitled to the provisions of both subclauses (i) and (ii) of this clause.

 

(iv)       An employee who, by agreement with the employer, uses their own motor vehicle on the employer's business, shall be paid an allowance as set out in Item 16 of Table 2 for each kilometre travelled.

 

10.  Hours

 

(i)         Day Workers -

 

(a)        The ordinary working hours of a day worker shall be an average of 38 per week to be worked continuously, except for meal breaks, Monday to Friday, inclusive, between the hours of 6.00 a.m. and 6.00 p.m.

 

(b)        Subject to plant discussions, a majority of the employees concerned and their employer may mutually agree upon starting and ceasing times between the prescribed hours.  Agreed upon working hours in excess of eight per day shall be formalised according to the procedure in clause 33, Enterprise Arrangements.

 

(ii)        Shift Workers -

 

(a)        The ordinary working hours of shift workers shall not exceed an average of:

 

(1)        38 per week;

 

(2)        76 in 14 consecutive days;

 

(3)        114 in 21 consecutive days; or

 

(4)        152 in 28 consecutive days.

 

(b)        Notwithstanding the spread of hours prescribed for day workers by paragraph (a) of subclause (i) of this clause, the management and the unions, parties to this award, may implement mutually agreeable shift work provisions in any establishment or company to meet the circumstances in that establishment or company.

 

(iii)       All Employees -

 

(a)        Employees shall be at their ordinary place of work at the ordinary starting time. If required to work away from the plant, employees shall commence at their ordinary place of work at the ordinary starting time and finish work at the ordinary ceasing time.

 

(b)        Notwithstanding anything elsewhere contained in this clause, the time worked each day and the hours of work of any particular section of employees may be varied by agreement by a majority of the employees and the employer, for the purpose of enabling employees to cease work early or to make connections with transport.

 

(c)        Notwithstanding the hours prescribed in paragraph (a) of subclause (i) and paragraph (a) of subclause (ii) of this clause, the employer may implement the hours reduction in any one of the following ways:

 

(1)        one day off after 19 days (when the provisions of clause 11, Accrued Leisure Time, shall apply); or

 

(2)        any other agreed upon method of implementation.

 

(d)        The employer shall advise the Secretary of the respective employees' union of details of the hours of work, from time to time effective, for day workers and shift workers.

 

11.  Accrued Leisure Time

 

Subject to clause 10, Hours, an employer may implement the hours provision in one of the following ways:

 

(i)         One Day Off After 19 Days - An employer may require the employees to work up to eight ordinary hours per day, with the additional time in excess of 7 hours 36 minutes being aggregated for accrued leisure time which shall fall due after 19 ordinary weekdays, Monday to Friday, including paid public holidays, paid sick days, paid compassionate leave and paid jury service, subject to the following conditions and limitations:

 

(a)        The day off shall be on a fixed roster basis. The payment for the day off will be on the basis of 0.4 of an hour for each day worked. For payment purposes, a "day worked" shall include paid sick leave, paid public holidays and annual leave, but shall not include workers' compensation, long service leave, unpaid sick leave or unpaid leave.

 

(b)        The employer shall prepare a roster of days to be taken off as leisure time which will always remain as a notice of advice. Leisure time shall not be rostered to coincide with a public holiday.

 

(c)        The planning for days off as leisure time shall, where practicable, be in the ratio of two prime days for three other days for each individual.

 

(d)        The employer may elect not to roster leisure time in any short week or to reduce the incidence of leisure time.

 

(e)        The employer, with the agreement of the appropriate works committee or, where no such committee exists, the majority of employees concerned, may substitute the day an employee is to take off for another day in the case of a breakdown in machinery or a failure or shortage of electric power, or to meet the requirements of the business in the event of rush orders or some other emergency situation.

 

(f)         An individual employee, with the agreement of the employer, may substitute the day they are to take off for another day within that cycle.

 

(g)        An employee, on planned leisure time off which coincides with a stand down or strike day, shall be paid for the credit of leisure time which was rostered off.

 

(h)        In the event of sickness occurring on pre-arranged leisure time, no sick leave deductions will be made; however, the employee shall retain the paid leisure payment for that day.

 

(i)         Allowances that are paid:

 

(1)        "per shift" shall not be paid on leisure time; and

 

(2)        "per hour whilst so employed" shall be paid as actually worked.

 

(j)         All accrued credits as a result of the 0.4 of an hour credit towards leisure time will be paid out on the termination of each employee's employment.

 

(k)        In the event that an employee, by virtue of the arrangements of ordinary working hours, is to take a day off on a day which coincides with pay day, such employee shall be paid not later than the working day immediately following pay day; provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

 

NOTATION: In these circumstances, it is understood that it may not be convenient or suitable to pay wages on the working day preceding pay day, especially where it would involve the employer in additional costs and administration.

 

(l)         Overtime shall apply after eight hours, when a credit system operates.

 

(m)       A day off on sick leave is one-fifth of a week or 7.6 hours.

 

(n)        Annual leave, where the hours are arranged pursuant to this subclause, shall be 19 lots of eight hours (152 hours) plus a rostered leisure day.

 

(o)        A day off on a public holiday will be one-fifth of a week or 7.6 hours.

 

(p)        Where an accrual system is being worked pursuant to this subclause, in concept, a four-week (20-day) cycle will be regarded as consisting of 19 working days and one leisure day.

 

(ii)        Other Agreed Upon Methods of Implementation - The employer and the union may agree upon a different method of implementation which may apply to various groups of employees or all employees in an establishment which is consistent with these principles.

 

12. Overtime and Callback

(i)         All time worked outside ordinary working hours, as provided by clause 10, Hours, and clause 11, Accrued Leisure Time, shall be overtime and shall be paid at the rate of time and a half for the first two hours and double time thereafter.

 

(ii)        In the computation of overtime each day shall stand alone.

 

(iii)       An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.

 

(iv)       Callback - An employee recalled to work after leaving their place of employment (whether notified before or after leaving such place) shall be paid a minimum of four hours at the appropriate rate for each time they are so recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job they were recalled to perform is completed within a shorter period. This subclause shall not apply in cases where it is customary for an employee to return to their employer's premises to perform a specific job outside their ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

Overtime worked in the circumstances in this subclause shall not be regarded as overtime for the purpose of subclause (i), where the actual time worked is less than three hours on such recall or on each of such recalls.

 

Where public transport is not available and the employer does not provide a vehicle to transport the employee to or from work, the employee who provides their own vehicle for this purpose shall be paid an allowance as set out in Item 17 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(v)        Where an employee, after having worked overtime, finishes work at a time when their usual means of transport is not available, the employer shall provide them with a conveyance to their home.

 

13.  Rest Period After Overtime

 

(i)

 

(a)        When overtime work 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.

 

(b)        If an employee:

 

(1)        Works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day or shift, that the employee has not had at least ten consecutive hours off duty between those times; or

 

(2)        Works on Saturdays, Sundays and holidays, not being ordinary working days, or on a rostered day off, without having had ten consecutive hours off duty in the 16 hours preceding their ordinary commencing time of their next ordinary day or shift.

 

That employee shall, subject to this subclause, be released after the 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.

 

(c)        If, on the instructions of the employer, such 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 they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

(ii)        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)        for the purpose of allowing rostered days off for shift workers; or

 

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

 

14.  Holidays

 

(i)         The days on which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day are observed and the relevant union picnic day, or any other day as may be proclaimed and observed as a public holiday for the State, shall be recognised as holidays and no deductions shall be made from the wages of an employee in respect of any such holiday occurring on a working day if the employee is not required by the employer to work.  By agreement between the employer and the employees, other day(s) may be substituted for the said day(s).

 

(ii)        Payment for workers' compensation and payment under this clause shall, taken together, not exceed one day's pay.

 

(iii)       An employee absent without leave or reasonable excuse on the working day before a holiday, as prescribed herein, or the working day after such holiday, shall forfeit wages for the days of absence and for the holiday.

 

(iv)       All time worked on holidays prescribed by subclause (i) shall be paid at the rate of double time and a half.

 

(v)        Where an employee is required to perform work on a holiday prescribed by subclause (i), a Saturday or a Sunday, a minimum of four hours work shall be provided.  This minimum shall not apply in cases where it is customary for an employee to return to their employer's premises to perform a specific job on a holiday, a Saturday or a Sunday.

 

15.  Annual Leave

 

(i)         Day Workers and Monday-to-Saturday Shift Workers - see Annual Holidays Act 1944.

 

(ii)        Seven-day Shift Workers -

 

(a)        In addition to the benefits provided by section 3 of the Annual Holidays Act 1944 with regard to an annual holiday of four weeks, an employee who during the year of employment in respect of which they become entitled to the four-week annual holiday is continuously employed as a seven-day shift worker shall be entitled to the additional leave as below specified:

 

(1)        If, during the year of employment, the employee has served the employer continuously as a seven-day shift worker, the additional leave with respect to that year shall be one week.

 

(2)        Subject to subparagraph (4) of this paragraph, if during the year of employment the employee has served for only portion of it as such seven-day shift worker, the additional leave shall be one day for every 35 ordinary shifts (or the equivalent thereof) worked as a seven-day shift worker.

 

(3)        Subject to the said subparagraph (4), the employee shall be paid for additional leave at the annual leave rate of pay for the number of ordinary hours of work for which the employee would have been rostered for duty during the period of leave had the employee not been on leave.

 

(4)        Where the additional leave calculated under this subclause is or includes a fraction of a day, this fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.

 

(5)        In this clause, reference to "one day" shall include holidays and non-working days.

 

(b)        Where the employment of a worker has been terminated and the employee thereby becomes entitled under section 4 of the Annual Holidays Act 1944 to payment in lieu of an annual holiday with respect to a period of employment, they also shall be entitled to an additional payment of 3.2 hours at the annual leave rate of pay with respect to each 21 shifts of service as such seven-day shift worker which they have rendered during the period of employment.

 

16.  Days Added to Annual Leave

 

(i)         In the case of an employee who was, at the commencement of their annual leave, employed as a seven-day shift worker, one day shall be added to their annual leave period in respect of any holiday prescribed by this award which falls within the period of annual leave to which they are entitled under this award.

 

(ii)        One day shall be added to the annual leave period of a seven-day shift worker who is rostered off duty on a day which is a holiday prescribed by this award and who is not required to work on that day, provided that the employer and the employee concerned may agree on the payment of one day at the ordinary rate of pay for that day in lieu of the leave prescribed in this subclause.

 

(iii)       Any day(s) added shall be paid for at the annual leave rate of pay.

 

(iv)       Any day(s) added in accordance with subclause (i) or (ii) of this clause shall be the working days immediately following the period of annual leave to which the employee is entitled under clause 15, Annual Leave.

 

(v)        For the purpose of subclause (iv) of this clause, working day(s) shall be:

 

(a)        In the case of an employee who, at the commencement of annual leave, was employed as a day worker - any day of the week other than a Saturday, a Sunday or a holiday prescribed by this award.

 

(b)        In the case of an employee who, at the commencement of annual leave, was employed as a Monday-to-Saturday shift worker - any day of the week other than a Sunday or a holiday prescribed by this award, including a day on which the employee concerned would have been rostered off duty if they were not on annual leave.

 

(c)        In the case of an employee who, at the commencement of annual leave, was employed as a seven-day shift worker - any day of the week, including a day on which the employee concerned would have been rostered off duty if they were not on annual leave.

 

(vi)       Where the employment of a worker has been terminated and they thereby become entitled under section 4 of the Annual Holidays Act 1944 to payment in lieu of an annual holiday with respect to a period of employment, the employee also shall be entitled to an additional payment for each day accrued under subclause (ii) of this clause at the annual leave rate of pay.

 

17.  Annual Leave Loading

 

(i)         In this clause, the Annual Holidays Act 1944 is referred to as "the Act".

 

(ii)        An employer shall pay an employee a loading determined in accordance with this clause.

 

(iii)       The loading is payable in addition to annual leave paid.

 

(iv)       The loading is to be calculated in relation to any period of annual leave to which the employee becomes entitled under the Act.

 

(v)        The loading is the amount payable for the period of leave at the rate of 20 per cent of the appropriate weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing their annual leave.  It shall not include the amount prescribed for allowances, including shift allowances, penalty rates, overtime or any other payments.

 

(vi)       No loading is payable to an employee who takes annual leave in advance until the anniversary date has elapsed, except at the discretion of the employer.

 

(vii)      Where the employer's establishment, or part of it, is temporarily closed down for the purpose of giving annual leave without pay to the employees concerned:

 

(a)        An employee who is entitled to and takes annual leave shall be paid the loading.

 

(b)        An employee who is not entitled to annual leave and who takes leave without pay shall be paid such proportion of the loading that would have been payable, had the employee become entitled to annual leave prior to the closedown.

 

(viii)

 

(a)        Where annual leave has fallen due and has not been taken and the employee's services are terminated for a cause other than misconduct or by the employee, the loading shall be paid for the leave that had fallen due.

 

(b)        Except as provided by paragraph (a) of this subclause, no loading is payable on termination of an employee's employment.

 

(ix)       This clause extends to an employee who is given and takes annual leave and who would have worked as a shift worker if they had not been on holidays; provided that, if the ordinary-time shift work and weekend penalty rates the employee would have been entitled to exceed the loading calculated in accordance with this clause, that higher amount shall apply in lieu of that loading.

 

18.  Sick Leave

 

A weekly employee who is unable to attend for duty during their ordinary working hours by reason of personal illness or personal incapacity shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

 

(i)         An employee absent from work on account of personal illness or incapacity shall, wherever possible, advise the employer prior to the commencement of duty or within two hours of the usual starting time.

 

(ii)        Notwithstanding the provisions of subclause (i) of this clause, an employee, unable to advise the employer prior to or within two hours of the usual starting time shall, within 24 hours of commencement of such absence, inform the employer of their inability to attend for duty and shall state the nature of the illness or incapacity and the estimated duration of the absence so that alternative staffing arrangements can be made if so required. The employee shall prove to the satisfaction of the employer that the employee was unable to attend for duty on the day(s) upon which such absence occurred.

 

(iii)       In the event of the absence exceeding a period of two days or after two single days in any sick leave year, the employer has the right to request the presentation of a medical certificate to substantiate such illness. Unless such certificate is produced, sick leave need not be paid for. If the employer demands a medical certificate, they shall reimburse the employee the difference between the cost of the certificate and the Medicare allowance.

 

(iv)       The employee shall be entitled to 7.6 hours sick leave for two months of completed service up to a maximum of 38 hours in the first 12 months of actual service and 60.8 hours sick leave on the first day of the second year of service and 76 hours on the first day of each subsequent year thereafter.

 

(v)        Sick leave credits shall accumulate indefinitely.

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

 

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

 

(b)       any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall in each case be upon the employee).

 

(vii)      Service with the employer before the date of coming into force of this award shall be counted as service for the purpose of qualifying thereunder.

 

(viii)     After the illness of an employee who has been absent from work by reason of personal illness or personal incapacity necessitating the employer to arrange for a replacement employee, the employee shall give the employer or their representative eight hours notice of their intention to return to work. In the event of a failure to give such eight hours notice to the company, the employee may be stood down for the shift for which the employee reports for work.

 

19.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to a maximum three days bereavement leave without deduction of pay, on each occasion of the death of a near relative.  Where the death of a person prescribed in subclause (iii) of this clause occurs, excluding a near relative, the employee shall be entitled to two days bereavement leave. For the purpose of this clause, "near relative" means a parent, spouse, child, brother or sister, and shall include de facto partners and stepchildren.

 

(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 22.1.3 of subclause 22.1 of Clause 22, 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 22.2, 22.3, 22.4, 22.5 and 22.6 of the said clause 22.  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.

 

20.  Jury Service

 

An employee on weekly hiring required to attend for jury service during ordinary working hours, shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time worked has the employee not been on jury service.

 

An employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

21.  Long Service Leave

 

See Long Service Leave (Metalliferous Mining Industry) Act 1963.

 

22.  Personal/Carer's Leave

 

22.1      Use of Sick Leave -

 

22.1.1   An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 22.1.3 (ii) 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 18, 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.

 

22.1.2   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.

 

22.1.3   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 the other; and

 

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

 

22.1.4   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.

 

22.2      Unpaid Leave for Family Purpose -

 

22.2.1   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 22.1.3(ii) above who is ill.

 

22.3      Annual Leave -

 

22.3.1   An employee may elect, with the consent of the employer and 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.

 

22.3.2   Access to annual leave, as prescribed in paragraph 22.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

22.3.3   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.

 

22.4      Time Off in Lieu of Payment for Overtime -

 

22.4.1   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.

 

22.4.2   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.

 

22.4.3   If, having elected to take time as leave in accordance with paragraph 22.4.1 above, 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.

 

22.4.4   Where no election is made in accordance with paragraph 22.4.1, the employee shall be paid overtime rates in accordance with the award.

 

22.5      Make-up Time -

 

22.5.1   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.

 

22.5.2   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.

 

22.6      Rostered Days Off -

 

22.6.1   An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

22.6.2   An employee may elect, with the consent of the employer, to take rostered days off in part-day amounts.

 

22.6.3   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.

 

22.6.4   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.

 

23.  Superannuation

 

(i)         Superannuation Legislation - 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.

 

(ii)        Definitions -

 

"Approved Superannuation fund" shall mean an established fund meeting all the requirements of 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, and shall include ASSET and APS.

 

"ASSET" shall mean the Australian Superannuation and Savings Employment Trust.

 

"APS" shall mean Australian Public Superannuation.

 

"Ordinary-time earnings" means the award classification rate, including supplementary payments (where relevant), overaward payments and shift work loadings (where relevant).

 

(iii)       Employer Contributions to Superannuation - Subject to the rules of the Fund an employer shall contribute to the Fund in respect of each eligible employee an amount not less than 3% of ordinary time earnings calculated to the nearest 10 cents.

 

NOTATION: Employer contributions under relevant legislation are set at 8% and will be set at 9% from 1 July 2002.

 

(iv)       Employee Contributions - Subject to the rules of the Fund, employees may wish to make contributions to the Fund additional to those being paid pursuant to subclause (iii) of this clause and shall be entitled to do so.  Such employees may forward their own contributions directly to the Fund administrators or, where it is inpracticable to do so, authorise the employer to pay into the Fund from the employee’s wage an amount specified by the employee.

 

24.  Apprenticeship

 

(i)         Junior Apprenticeship - An employer shall not employ juniors in positions (in the skills and training structure) under this award otherwise than under a contract of apprenticeship.

 

(a)        Contract of Apprenticeship - Every contract of apprenticeship made shall contain all conditions of apprenticeship required by the Industrial Committee and Apprenticeship Training Committee.

 

(b)        Apprenticeship Authority - Definition - For the purposes of this award, "Apprenticeship Authority" shall mean apprenticeship committees established under the Industrial and Commercial Training Act 1989.

 

(c)        Cancellation or Suspension of Indenture - The appropriate apprenticeship authority as defined in paragraph (b) hereof shall have the power to cancel or suspend indentures of apprenticeship. The indenture of any apprentice bound to the company may be cancelled upon the application of the company or the apprentice for good cause shown.

 

(d)        The provisions of subclause (iv) of clause 2, Contract of Employment and paragraph (ii) of subclause (D) of clause 34, Redundancy, shall not apply to apprentices.

 

(e)        Proportion - Subject to this subclause, the proportion of apprentices who may be employed by an employer shall not exceed one apprentice to every two tradespersons in the trade concerned.

 

(f)         Period of Apprenticeship - Except where otherwise approved by the relevant apprenticeship authority, the period of apprenticeship shall be four years.

 

(g)        Probationary Period - Persons may be taken on probation for three months and, if apprentices, such employer shall, within 30 days of employing a probationer, notify the appropriate authority of the employment of such probationer to any of the trades mentioned herein.

 

(h)        Wages - The minimum weekly rate of wages for apprentices shall be the percentages of the ordinary weekly base rate payable to tradespersons of this award and in all contracts of apprenticeship hereafter made, the employer shall covenant to pay wages of not less than such percentages as set out in Table 1 - Wages, of Part B, Monetary Rates.  The percentage is for four-year terms.

 

An employee who is under 21 years of age on the expiration of their apprenticeship and thereafter works as a minor in the occupation to which the employee has been apprenticed, shall be paid at not less than the adult rate prescribed for tradespersons.

 

For the purposes of this subclause, any entitlements to wages or allowances expressed to be by the week shall mean any entitlement which an apprentice would receive for performing 38 ordinary hours of work.

 

(i)         Overtime and Shift Work - No apprentice under the age of 18 years shall be required to work overtime or shift work unless the apprentice so desires.

 

No apprentice shall, except in an emergency, work or be required to work overtime or shift work at a time which would prevent their attendance at technical school as required by any statute, award or regulation applicable to the apprentice.

 

(j)         Lost Time - The apprentice, at the end of the calendar period of any year in which they have actually given service to the employer upon less than the ordinary working days prescribed in the award or on which the apprentice has unlawfully absented themself without the employer's consent shall, for every day short of the said number of working days and for every day of such absence, serve one day and the calendar period of the succeeding year of their service shall not be deemed to begin until the said additional day or days have been served.

 

(k)        Annual, Sick and Bereavement Leave - Apprentices shall be entitled to sick, annual and bereavement leave in accordance with the provisions of clauses 15, Annual Leave, 18, Sick Leave, and 19, Bereavement Leave, respectively.

 

(ii)        Adult Apprentices -

 

(a)        An adult apprentice means a person of 21 years of age or over at the time of entering into an indenture of apprenticeship.

 

(b)        Period of Apprenticeship - Subject to this clause, an adult apprentice shall be indentured for a period of four years or less where approved credits have been obtained.

 

(c)        Preference of Employment - Preference of employment as an adult apprentice should be given to an applicant who is currently employed in the mineral sands mining and treatment industry.

 

(d)        Technical Training of Adult Apprentices - Each adult apprentice shall, from the commencement of their apprenticeship, attend and not be prevented by the employer from attending during the apprentice's ordinary working hours for eight hours per week during the Registered Training Authority’s terms a suitable technical college for the period of three years. Where the training facilities for apprentices at the technical college attended by such apprentices make it impracticable for their attendance as aforementioned, then they shall attend for the number of hours and for the period of any prescribed course as is approved by the apprenticeship authority in consultation with the Registered Training Authority.

 

Where the Registered Training Authority conducts a system of block release training, each adult apprentice shall, from the commencement of their apprenticeship, attend and not be prevented by the employer from attending during the apprentice's ordinary working hours, such block release training for a maximum of eight weeks each year for a period of three years on a basis to be arranged with the relevant the Registered Training Authority. Such block release technical school training shall be in lieu of the technical schools training prescribed in this paragraph.

 

(e)        Wages of Adult Apprentices - Where an employee was employed by the employer immediately prior to becoming an adult apprentice, such employee shall not suffer a reduction in their ordinary-time earnings by virtue of becoming an adult apprentice. Provided that any leading hand allowance payments shall not be continued.  Subject to paragraph (d) hereof, the minimum wage rate for an adult apprentice shall be no less than that payable to an adult employee.

 

Wage adjustments payable as a result of award or State Wage Case movements shall be made in accordance with existing relativities.

 

25.  Disputes Settlement Procedure

 

(i)         Industrial Disputes -

 

(a)        Any disputes arising out of employment shall be referred to the immediate supervisor by the employee concerned.

 

(b)        Failing settlement at this level, the matter shall be referred to the accredited union representative who will take up the matter with the nominated employer representative within 48 hours.

 

(c)        If resolution is not achieved, the dispute will be referred to the respective union organisers, who will meet the employer within 48 hours.

 

(d)        Failing settlement, the organiser will refer the dispute to the union Secretary and the employer may refer the dispute to its employer association or representative.

 

(e)        During discussions, the work shall continue in the usual manner and, if the matter cannot be settled by conference, the circumstances of the dispute shall be notified to the Industrial Registrar with a view to a compulsory conference being convened for the purpose of settling such dispute.

 

(f)         Whilst these procedures are continuing, the status quo shall remain and no stoppage of work or any form of limitation of work shall be applied.

 

(ii)        Safety Disputes -

 

(a)        It is recognised that problems related to safety and other hazardous situations may arise from time to time which require immediate attention and decision.  An unsafe and hazardous situation is a situation on a work site which is considered by employees to endanger their safety.

 

(b)        Any safety or health issue shall be reported to the employee's immediate supervisor for immediate attention.

 

(c)        Should the problem be considered a safety or health issue, the company may refer the dispute to the chairman of the plant's occupational health and safety committee and the appointed company representative.

 

Work shall cease in the disputed area and the employees are to be relocated to another safe working area while the inspections are carried out and a final determination made.

 

(d)        The committee, in conjunction with management, shall inspect the area of the alleged unsafe location or practice and shall determine whether the work in question will proceed.

 

(e)        Should the parties not be able to reach agreement about the alleged unsafe working environment, an inspector from the appropriate department shall be advised to inspect the area as a matter of urgency.  The determination of the inspector shall be binding on all parties.

 

(f)         Should the work in dispute cease, the employer shall have the right to relocate the employees to another work station or to reallocate duties of the employees to maintain production requirements.

 

26.  Amenities

 

(i)         See Mines Inspection Act 1901.

 

(ii)        The employer, with the co-operation of the employees, shall cause all amenities to be kept clean and in a sanitary condition.

27.  Right of Entry

 

Refer to Chapter 5, Part 7 of the Industrial Relations Act 1996.

 

28.  Union Notices

 

The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position in their establishment upon which accredited union representatives or officials shall be permitted to post formal union notices.

 

29.  Accredited Union Representative

 

Any employee elected or appointed as a union representative in the shop or department in which they are employed shall, upon notification to the employer, be recognised as the accredited representative of the union to which the employee belongs and shall be allowed the necessary time during working hours to interview the employer or their representative on matters affecting the employees whom they represent.

 

30.  Time and Payment of Wages

 

(i)         Except as hereinafter provided, wages shall be paid during working hours.

 

(ii)        The time for the payment of wages may be altered as to all or a section of employees by agreement between an employer and a majority of employees.

 

(iii)       All wages shall be paid on the recognised pay day which shall be not later than Friday in each pay period. Any time exceeding 15 minutes after ceasing time that an employee has to wait for payment of wages shall be counted as time worked and paid for at overtime rates, except where such delay is beyond the control of the employer.

 

By agreement between the employer and employee, payment of wages may be by cheque handed to the employee or by electronic funds transfer to the employee's nominated bank or building society account, provided the monies are accessible by the employee on the normal day of payment.

 

(iv)       A regular time for payment shall be fixed, but such time need not be the same for all shifts.

 

31.  Anti Discrimination

 

(i)         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 and age.

 

(ii)        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.

 

(iii)       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.

 

(iv)       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.

 

(v)        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:

 

(1)        Employers and Employees may also be subject to commonwealth anti-discrimination legislation.

 

(2)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act effects...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."

 

32.  Consultative Mechanism

 

(a)        Each plant, enterprise or depot shall establish a consultative mechanism and procedures appropriate to its size, structure and needs for consultation and negotiation on matters affecting its efficiency and productivity.

 

(b)        Structure of Committees - A committee as constituted may at any time call on expertise from inside or outside the industry, if required.

 

(1)        Consultative Committee - The consultative committee is the overall industry committee dealing with awards and other matters pertaining to the structural efficiency and related principles emanating from State Wage Case decisions and shall direct and oversee training committees, steering committees and workplace committees, unless otherwise decided.

 

The consultative committee shall consist of:

 

Management representatives from each enterprise;

The Labor Council of New South Wales;

Australian Business Industrial;

Up to 5 AWU representatives from each enterprise;

ETU representative.

 

(2)        Steering Committee -

 

(i)         The steering committee is the overall enterprise committee which may consider matters referred to it by the consultative committee. It may also deal with other appropriate matters affecting the individual enterprise.

 

(ii)        The steering committee shall consist of:

 

Up to 5 AWU representatives;

1 ETU representative;

An equal number of employer representatives.

 

(3)        Workplace Committee - A workplace committee shall be established at each work centre of an enterprise. These committees shall ensure effective communication and flow of information. They are ultimately responsible for the implementation of structural change and efficiency at the workplace under the direction of the steering committee.

 

(4)        Training Committee -

 

(i)         The parties to this award recognise that, in order to increase the efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

(a)        developing a more highly skilled and flexible workforce;

 

(b)        providing employees with career opportunities through appropriate training to acquire additional skills; and

 

(c)        removing barriers to the utilisation of skills acquired.

 

(ii)        An employer shall develop a training program through the establishment of a training committee, consistent with:

 

(a)        the current and future skill needs of the enterprise;

 

(b)        the size, structure and nature of the operations of the enterprise; and

 

(c)        the need to develop vocational skills relevant to the enterprise through courses conducted by accredited educational institutions and providers.

 

(iii)       A training committee shall comprise two representatives nominated by the employer and two employee representatives from the appropriate unions, to be drawn from employees elected to the committee, and:

 

(a)        meetings must be attended by two management and two employee representatives;

 

(b)        meeting frequency shall be decided by the training committee;

 

(c)        minutes of meetings will be distributed within five consecutive working days of the meeting; and

 

(d)        each meeting will adopt the minutes of the previous meeting, deal with business arising from those minutes, and proceed to other matters on the agenda. The taking of minutes will be rotated between members.

 

(iv)      A training committee shall develop a charter which clearly states its role and responsibilities, including, but not limited to:

 

(a)        formulation of a training program and availability of training courses and career opportunities to employees;

 

(b)        dissemination of information on the training program and availability of training courses and career opportunities to employees;

 

(c)        the recommending of individual employees for training and reclassification; and

 

(d)        monitoring and advising management and employees on the ongoing effectiveness of the training.

 

(v)       Where it is determined that an employee shall undertake additional training in accordance with the program developed pursuant to subparagraph (ii) of this paragraph, the training is undertaken either on or off the job.  Provided that, if the training is undertaken during ordinary working hours, the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withdraw such paid training leave.

 

(vi)      Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement shall be on an annual basis, subject to the presentation of reports of satisfactory progress.

 

33.  Enterprise Arrangements

(i)         Enterprise Arrangements - Parties -

 

(a)        As part of the structural efficiency exercise and as an ongoing process for improvements in productivity and efficiency, discussion should take place at an enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultation mechanisms across the workplace to all employees in an enterprise and consideration of a single bargaining unit in all multi-union/union award workplaces. Union delegates at the place of work may be involved in such discussions.

 

(b)        The terms of any proposed genuine arrangement reached between an employer and employee(s) in any enterprise shall, after due processing, substitute for the provisions of this award to the extent that they are contrary, provided that:

 

(1)        a majority of employees affected genuinely agree; and

 

(2)        such arrangement is consistent with the current State Wage Case principles.

 

(c)

 

(1)        Before any arrangement requiring variation to the award is signed and processed in accordance with subclause (ii) of this clause, details of such arrangements shall be forwarded in writing to the union or unions with members in that enterprise affected by the changes and the employer association, if any, of which the employer is a member. A union or an employer association may, within 14 days thereof, notify the employer in writing of any objection to the proposed arrangement, including the reasons for such objection.

 

(2)        When an objection is raised, the parties are to confer in an effort to resolve the issue.

 

(ii)        Procedures to be Followed - Such enterprise arrangements shall be processed as follows:

 

(a)        All employees will be provided with the current prescriptions (e.g., award, industrial agreement or enterprise arrangement) that apply at the place of work.

 

(b)

 

(1)        Where an arrangement is agreed upon between the employer and the employees or their authorised representative at an enterprise, such arrangement shall be committed to writing.

 

Where the arrangement is agreed upon between the employer and an absolute majority of permanent employees under this award at an enterprise, such arrangement shall be committed to writing.

 

(2)        The authorised representative of the employees at an enterprise may include a delegate, organiser or official of the relevant union, if requested to be involved by the majority of employees at the establishment.

 

(c)        The arrangement shall be signed by the employer or the employer's duly authorised representative, and the employees or their authorised representative with whom agreement was reached.

 

(d)        Where an arrangement is objected to in accordance with subparagraph (1) of paragraph (c) of subclause (i) of this clause and the objection is not resolved, an employer may make application to the Industrial Relations Commission of New South Wales or court (whichever is appropriate) to vary the award to give effect to the arrangement.

 

(e)        The union and/or employer association shall not unreasonably withhold consent to the arrangement agreed upon by the parties.

(f)         If no party objects to the arrangement, then a consent application shall be made to the Industrial Relations Commission to have the arrangement approved and the award varied in the manner specified in paragraph (g).

 

Such applications are to be processed in accordance with the appropriate State Wage Case principles.

 

(g)        Where an arrangement is approved by the Industrial Relations Commission and the arrangement is contrary to any provisions of the award, then the name of the enterprise to which the arrangement applies, the date of operation of the arrangement, the award provisions from which the said enterprise is exempt, and the alternative provisions which are to apply in lieu of such award provisions (or reference to such alternative provisions), shall be set out in a schedule to the award.

 

(h)        Such arrangement, when approved, shall be displayed on a notice board at each enterprise affected.

 

(i)         No existing employee shall suffer a reduction in entitlement to earnings, award or overaward, for working ordinary hours of work as the result of any award changes made as part of the implementation of the arrangement.

 

34.  Redundancy

 

(A)       Application -

 

(i)         This clause shall apply in respect of full-time and part- time persons employed in the classifications specified by clause 3, Classification Structure and Wage Rates.

 

(ii)        This clause shall apply in respect of employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of subclause (C) of this clause.

 

(iii)       Notwithstanding anything contained elsewhere in this award, this award shall not apply to employees with less than one year's service and the general obligation on employers shall not be 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 elsewhere contained in this award, this award 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, mechanisation or technology that are likely to have significant effects 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 work force 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 the award makes provision for alteration of any of the matters 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 discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (i) of this subclause.

 

(c)        For the purpose of such discussion, 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 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 to be done by anyone pursuant to subparagraph (a) of paragraph (i), Employer's Duty to Notify, of subclause (B), Introduction of Change, of this clause 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 discussion shall take place as soon as 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 purposes of the discussion the employer shall, as soon as 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 changes to 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)       Payment in lieu of the 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 for technological change - This paragraph sets out the notice provisions to be applied to termination 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 the 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 Long Service Leave (Metalliferous Mining Industry) Act 1963, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(iii)       Time off during the 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 Centrelink (or the appropriate Government Authority) - Where a decision has been made to terminate the employment of employees, the employer shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

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

 

(viii)     Transfer to lower paid duties - Where an employee is transferred to lower paid duties 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 of notice still owing.

 

(E)        Severance Pay -

 

(i)         Where the employment of an employee is to be terminated pursuant to 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

Under 45 Years of Age 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 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 clauses 3, Classification Structure and Wage Rates, 4, Shift Work, 5, Allowances, and 6, Higher Duties.

 

(ii)        Incapacity to pay - Subject to an application by the employer and further order of the Industrial Relations Commission, 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 paragraph (i) of this subclause will have on the employer.

 

(iii)       Alternative employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause 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 arrangement, taken as a whole, between the union and any employer bound by this award.

 

35.  Area, Incidence and Duration

 

This award rescinds and replaces the Mineral Sands Mining and Treatment Industry (State) Award published 30 October 1998 (306. I.G. 1329) as varied. It shall apply to employees of the classifications specified herein employed in the mineral sands mining and treatment industry in New South Wales, excluding the County of Yancowinna, and excepting employees of Mineral Deposits Ltd and RZM Pty Ltd.

 

This award shall take effect from the first full pay period to commence on or after 21 November 2000 and shall remain in force for a period of 12 months.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

 

 

Classification

Existing

Rate

$

May 2000 SWC

$

Total Weekly Rate

$

(i)         Tradesperson -

 

 

 

             Boilermaker

477.20

15.00

492.20

             Carpenter

477.20

15.00

492.20

             Electrical Fitter

491.05

15.00

506.05

             Electrical Mechanic

491.05

15.00

506.05

             Fitter

477.20

15.00

492.20

             Machinist, First class

477.20

15.00

492.20

             Motor Mechanic

477.20

15.00

492.20

             Marker Off

477.20

15.00

492.20

             Turner

477.20

15.00

492.20

             Welder - Special Class

477.20

15.00

492.25

             Welder

477.20

15.00

492.20

             Painter

477.20

15.00

492.20

(ii)        Operators

 

 

 

 

             Floating Pump Operator -

 

 

 

             Up to 300 tonnes per hour

452.80

15.00

467.80

             300 tonnes per hour and over

470.60

15.00

485.60

             Electrostatic Operator

452.80

15.00

467.80

             Table and/or Dryer Operator, Concentration              Plant operator and or Grinding Mill Operator

 

452.80

 

15.00

 

467.80

             Transfer Bin Operator

452.80

15.00

467.80

             Mechanical Drill Rig Operator

452.80

15.00

467.80

             General Hand

461.60

15.00

476.60

             Maintenance Person

477.20

15.00

492.20

             Senior Fibreglass and/or Rubber Worker

493.20

15.00

508.20

             General Hand (Maintenance)

445.60

15.00

460.60

             Fork Lift Operator

445.60

15.00

460.60

             Storeperson

436.60

15.00

451.60

             Laboratory Assistant - Sampler

477.20

15.00

492.20

             Laboratory Assistant - Tester

468.80

15.00

483.80

             Nursery Person in charge - Full-time

468.80

15.00

483.80

             Registered Weighbridge Attendant

477.20

15.00

492.20

             Mobile Crane Operator with lifting capacity -

 

 

 

             Up to 5 and including 5 tonnes

464.90

15.00

479.90

             Over 5 tonnes

475.90

15.00

490.90

Tractor and Front End Loader and Grader operations

 

 

 

 

(a)  Up to but not exceeding 48kw

 

470.70

 

15.00

 

485.70

 

(b)  48kw but not exceeding 96kw

 

476.60

 

15.00

 

491.60

(c)  96kw but not exceeding 220kw

483.90

15.00

498.90

(d)  220kw but not exceeding 370kw

492.70

15.00

507.70

(e)  370 but not exceeding 450kw

498.10

15.00

513.10

Truck Operators -

 

 

 

             Up to and including 4.5 tonnes

454.00

15.00

469.00

             Over 4.5 tonnes but not exceeding 9 tonnes

463.40

15.00

478.40

             Over 9 tonnes but not exceeding 15 tonnes

471.60

15.00

486.60

             Over 15 tonnes but not exceeding 30 tonnes

492.70

15.00

507.70

             Over 30 tonnes

498.00

15.00

513.00

Off highway haulage units (including scraper, dumper and off-highway motor trucks)

 

 

 

Up to and but not exceeding 25 tonnes

476.60

15.00

491.60

Over 25 but not exceeding 40 tonnes

483.90

15.00

498.90

Over 40 but not exceeding 100 tonnes

492.70

15.00

507.70

 

Apprentices - The minimum weekly rate of wage for apprentices shall be the undermentioned percentages of the ordinary weekly base rate payable to tradespersons of this award:

 

 

Percentage

First year

42

Second year

55

Third year

75

Fourth year

88

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Adjusted Amount

$

1

3 (iv)

Leading Hand - in charge of up to 10 employees

19.40

2

3 (iv)

Leading Hand - in charge of more than 10 employees

29.80

3

4 (i) (a)

Afternoon Shift Allowance

8.85

4

4 (i) (b)

Night Shift Allowance

11.65

5

5 (i)

Overall Disability Allowance

0.44

6

5 (ii)

Immersion Allowance

7.75

7

5 (iii)

Electrical Licence -

 

Qualified Supervisors Certificate (Electrician)

Certificate of Registration (Electrician)

 

 

26.00 p/wk

13.90 p/wk

8

5 (iv)

No Showers Allowance

2.10

9

5 (v)

First-aid Allowance

2.05

10

7 (i) (a)

Tool Allowance

10.15

11

7 (i) (b)

Tool Allowance

10.15

12

8 (iii)

Meal Money

9.00

13

9 (i) (c) (ii)

Meal Money - when travelling

7.50

14

9 (i) (f)

Caravan - remote allowance

20.20

15

9 (ii)

Travelling Allowance

 

  3 - 10 km

10 - 20 km

20 - 30 km

30 - 40 km

40 - 50 km

Over 50 km

 

 

4.25

5.45

6.85

8.15

9.50

10.85

16

9 (iv)

Travel Allowance - own motor vehicle

0.45

17

12 (iv)

Travel Allowance

0.45

 

J. P. MURPHY, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

 

 

 

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