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.