CSR LTD TRADING AS THE
READYMIX GROUP SYDNEY RAW MATERIALS TRANSPORT (STATE) AWARD NO. 4 2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by CSR Limited trading as The Readymix Group.
(No. IRC 4914 of
2000)
|
Before Commissioner Connor
|
30 October 2000
|
AWARD
ARRANGEMENT
1. Title Of
Award
2. The
Enterprise(s)
3. Parties
to the Award
4. Relationship
to Parent Awards
5. Term of
Award
6. No Extra
Claims
7. Review of
Award
8. Aims and
Objectives of the Award
9. Communication
10. Hours of
Work, Shifts and Rosters
11. Alteration
of Shift Starting Times and Spans
12. Electronic
Funds Transfer
13. Flexibility
of Meal Breaks
14. Extraordinary/Excessive
Overtime
15. Annualised
Salaries and Salary Adjustments
16. Monitoring
of Work Hours
17. Team
Structure
18. Skills
Training
19. Casual
Employees
20. Multiple
Load Allocation
21. Sick Leave
22. Personal/Carer's
Leave
23. Bereavement
Leave
24. Annual
Leave
25. Long
Service Leave
26. Amenities
27. Uniforms
and Protective Clothing
28. Termination
of Employment
29. Unauthorised
Persons Riding on Vehicles
30. Tools and
Apparatus
31. Union
Delegate
32. Notice
Board
33. First-Aid
34. Jury
Service
35. Duties of
Drivers
36. Disputes
Procedure
37. Redundancy
38. Superannuation
39. Rescission
of Award
40. No Duress
41 Anti-Discrimination
42 Signatories
1. Title of
Award
This award shall be known as the CSR Ltd trading as the
Readymix Group Sydney Raw Materials Transport (State) Award No. 4 2000.
2. The
Enterprise(S)
This Award shall apply at the Penrith Quarry raw material
yard operated by CSR Ltd trading as The Readymix Group (‘CSR’), in respect of
employees in the occupation of driving previously covered by the following
awards:
(a) Transport
Industry - Quarried Materials (State) Award;
(b) CSR Limited
trading as The Readymix Group - Sydney Construction Products Raw Materials
Transport Enterprise Bargaining Framework (State) Award 1994; and
(c) CSR trading
as The Readymix Group Sydney Raw
Materials Transport (State) Award No. 2 1996; and
(d) CSR trading as
The Readymix Group Sydney Raw Materials Transport (State) Award No. 3 1998.
3. Parties to
the Award
This Award shall be binding on:
3.1 CSR Limited
trading as The Readymix Group ("CSR");
3.2 The
organisation of employees known as the Transport Workers’ Union of Australia
(NSW Branch); and
3.3 All transport
employees of CSR covered by this Award.
4. Relationship
to Parent Awards
4.1 This Award
shall replace the following Awards in their entirety:
Transport Industry - Quarried Materials (State) Award
CSR Limited trading as The Readymix Group - Sydney
Construction Products Raw Materials Transport Enterprise Bargaining Framework
(State) Award 1994
CSR trading as The Readymix Group Sydney Raw Materials
Transport (State) Award No. 3 1998.
4.2 In the event
that this award is rescinded pursuant to clause 39, Rescission of Award:
(a) The CSR
trading as The Readymix Group Sydney Raw Materials Transport (State) Award No.
3 1998 shall apply; and
(b) The
productivity, efficiency and procedural (including yard rules) measures
contained in the CSR Ltd trading as The Readymix Group - Sydney Construction
Products Raw Materials Transport Enterprise Bargaining Framework (State) Award
1998
shall continue to be observed by the parties to this
award.
5. Term of Award
This Award shall come into operation on and from the first
full pay period to commence on or after 30 October 2000 and shall have a
nominal term of 24 months.
6. No Extra
Claims
Except for general movements in award wages granted by the
Industrial Relations Commission of New South Wales via State Wage Cases that
are not subject to absorption, there shall be no further claims for wage
increases or any other term or condition of employment during the term of this
award.
7. Review of
Award
The parties agree to review this award no later than three
months prior to its expiry. In the
context of this review, the parties shall examine both the operation of the
award and the possibilities of entering into a further award.
8. Aims and
Objectives of the Award
8.1 The parties
recognise, understand, agree and are committed to the following objectives:
(a) Improve the
productivity, flexibility, safety and efficiency of work practices within CSR’s
operations in order to improve competitiveness and meet and exceed the
customer’s expectations.
(b) Provide and
undertake training activities relevant to the work, so as to improve and
maintain a high level of driver competency, quality and safety.
(c) Promote secure
and fulfilling employment for CSR employees covered by this Award through
achieving these objectives.
(d) Maximise
utilisation of CSR’s Fleet vehicles, in accordance with the operational needs
of the business.
8.2 The parties
recognise, understand and agree that the terms of this Award represent and
provide just and equitable terms and conditions of employment, including
income.
9. Communication
All employees the subject of this award shall attend a
communication session on the contents and requirements of this award.
10. Hours of Work,
Shifts and Rosters
10.1 Employees the
subject of this award shall work on a six-week rotating roster based on five
days per week over Monday to Saturday inclusive, on the basis of two Saturdays
off per roster cycle of six weeks.
10.2 Each shift
shall be 11.5 paid hours in length for a Monday to Friday shift and eight paid
hours in length for a Saturday shift.
10.3
(a) Unless
otherwise altered in accordance with clause 11, Alteration of Shift Starting
Times and Spans, four shifts shall commence between the hours of 5.00 a.m. and
6.30 a.m. Monday to Friday.
(b) Unless
otherwise altered in accordance with clause 11, Alteration of Shift Starting
Times and Spans, the Saturday shift shall commence at 5.00am.
10.4 The parties to
this award recognise that CSR has the right and is considering the introduction
of day, afternoon or night shift arrangements at the Penrith Quarry raw
material yard. Where CSR introduces a night shift roster, such shifts shall be
11.5 paid hours in length and shall commence between the hours of 5.00 p.m. and
6.30 p.m. Monday to Friday
10.5 Where an
employee is rostered off shift on a recognised public holiday (other than a
Sunday), such employees shall have an
additional day added to their annual leave entitlement.
11. Alteration of
Shift Starting Times and Spans
CSR may alter shift starting times and/or spans provided
that employees are given a minimum of seven days notice of such alterations,
unless a shorter notice period is agreed between CSR and the majority of
employees concerned.
12. Electronic
Funds Transfer
Payment of wages/salary shall be paid weekly by electronic
funds transfer into an account(s) nominated by the employee.
13. Flexibility of
Meal Breaks
13.1 Employees shall
be entitled to two meal breaks of no more than 30 minutes each (one shall be
unpaid) for each shift of in excess of 9.5 hours actually worked.
13.2 Unless
otherwise instructed, by allocation the first meal break shall be taken after
two loads have been completed, provided that at least 4 hours have been worked
from the commencement of the shift. The subsequent meal break shall be taken at
a time convenient to the efficient operation of the business.
13.3 Regardless of
the provisions of this clause, legal driving rules and regulations shall be
maintained at all times.
14. Extraordinary/Excessive
Overtime
14.1 Unless
otherwise stated in this award, all overtime shall be included in the
annualised salary rate as set out in clause 15, Annualised Salaries and Salary
Adjustments.
14.2 Excessive
overtime worked on special jobs which fall outside the normal rostered shift
hours will be paid at the flat rate of $31.30 per hour. Twelve months after the
commencement date in clause 5, the flat rate shall be $32.40 per hour.
15. Annualised
Salaries and Salary Adjustments
15.1 All employees
covered by this award shall be remunerated by way of annualised salary
inclusive of overtime and all allowances, other than the allowance described in
clause 15.4 below.
15.2 From the first
full pay period to commence on or after 30 October 2000, the salary shall be
$54,690 per annum.
15.3 From the first
full pay period to commence 12 months after the said date in clause 15.2, the
salary shall be $56,605 per annum.
15.4 An employee covered
by this Award will be paid:
(a) An allowance
of $7.00 for any one day the employee is required to operate a super dog
vehicle with a 48 Tonne aggregate mass; and
(b) Provided the
employee is eligible to receive the allowance in cl.15.4(a), a further
allowance of $3.50, for every two (2) tonnes or part thereof in addition to an
aggregate mass of 48 Tonne.
15.5 From the first
full pay period to commence 12 months after the said date in clause 15.2:
(a) The allowance
in 15.4(a) shall be $7.24.
(b) The allowance
in 15.4(b) shall be $3.62.
15.6 These
allowances are regarded to be work related allowances.
15.7 Shift Rates
Where CSR introduces an afternoon or night shift
roster, the following shift rates will apply:
15.7.1 For work on a
permanent afternoon shift, a shift penalty of 17.5% of the ordinary rate of pay
for all hours worked on the shift will apply in addition to the ordinary rate
of pay.
15.7.2 For work on an
afternoon shift that rotates with a day or night shift, a shift penalty of 15%
of the ordinary rate of pay for all hours worked on the shift will apply in
addition to the ordinary rate of pay.
15.7.3 For work on a
permanent night shift, a shift penalty of 30% of the ordinary rate of for all
hours worked on the shift will apply in addition to the ordinary rate of pay.
15.7.4 For work on a
night shift that rotates with a day or afternoon shift, a shift penalty of 20%
of the ordinary rate of pay for all hours worked on the shift will apply in
addition to the ordinary rate of pay.
16. Monitoring of
Work Hours
16.1 All drivers
hours actually worked shall be monitored against the rostered hours on a
monthly basis.
16.2 All hours
actually worked in excess of rostered hours calculated over the month shall be
paid in accordance with clause 14.2 in the following month.
16.3 Excess time
worked on special jobs which fall outside normal rostered shift hours and hours
worked on a non-rostered day (ie, EBA day) shall be excluded from the hours
monitoring calculation and paid in accordance with clause 14.
17. Team Structure
17.1 The yard(s)
shall consist of six teams in the case of day shift operations, and if CSR
introduces an afternoon or night shift the yard(s) shall consist of one team
for that shift. Each team shall have a
leader elected by the drivers in that team.
17.2 Team Leaders
shall discuss with management day-to-day issues involving members of their
team, eg, rosters, sick leave,
performance, etc.
18. Skills
Training
18.1 The parties to
this award recognise that in order to increase the competency, efficiency,
productivity and competitiveness of Drivers, a commitment to training and skill
developments is required. Accordingly,
employees shall undertake training as required by CSR.
18.2 In relation to
any occupational health and safety (‘OHS’) matters, employees shall undertake
training as required by CSR. This will include, but is in no way limited, to
providing OHS Committee Training to OHS Committee Members within 3 months of an
employees’ appointment as a member of the OHS Committee, subject to the
availability of an appropriate training course.
18.3 Where leave is
expressly authorised by CSR in advance, union delegates may attend up to a
total of two
(2) days trade union training each year, without loss of
ordinary salary. Approval for such leave will be subject to the operational
needs of the business at the time, and shall not be unreasonably withheld.
18.4 CSR will
provide Induction Training in accordance with the relevant site Induction
Procedure for all new employees covered by this Award.
18.5 CSR may provide
employment relations training where CSR considers it appropriate.
19. Casual
Employees
19.1 Casuals shall
be paid a flat hourly rate (inclusive
of all penalties and loadings) of $21.00 for all hours worked Monday to Friday
and $31.00 for all hours worked on Saturday.
19.2 Irrespective of
hours worked, any casual employee engaged shall be paid for a minimum of four
hours worked for each start.
19.3 A casual driver
shall be eligible to receive the allowances set out in clause 15.4.
20. Multiple Load
Allocation
The parties to this award accept that multiple load
allocations may assist customer service and truck utilisation and therefore
will be an integral part of our distribution system.
21. Sick Leave
21.1 An employee
(other than a casual employee), with not less than three months continuous
service as such in the industry covered by this Award, who is absent from work
by reason of personal illness or injury not being illness or injury arising
from the employee's misconduct or from any injury arising out of or in the
course of employment, shall be entitled to leave of absence, subject to the
following conditions and limitations:
21.1.1 The employee
shall, unless it is not reasonably practicable so to do (proof whereof shall be
on the employee), before his/her ordinary starting time on the first day of
his/her absence, and in any event within 24 hours, inform CSR of the inability
to attend for duty and, as far as practicable, state the nature of the illness
and the estimated duration of the absence.
21.1.2 The employee
shall furnish to CSR such evidence as CSR may reasonably desire that he/she was
unable, by reason of such illness or injury, to attend for duty on the day or
days for which sick leave is claimed.
21.1.3 Except as
hereinafter provided, he/she shall not be entitled in any year (as defined) to
leave in excess of five (5), eight (8) hour days at ordinary time rates of pay.
Provided that:
(a) If the
employment continues with CSR beyond the first year, the sick leave entitlement
in the second and each subsequent year of continued employment increases to a
maximum of eight (8), eight (8) hour days at ordinary time rates of pay. For
each full day of sick leave, this equates to $142.90.
(b) If an employee
works part of a day, and then leaves work due to an illness or sickness, the
employee will be entitled to sick leave calculated as a proportion of the 8
hour sick leave day. The employee will receive full pay for all time worked
before leaving work due to illness or sickness.
(c) If the
employment of an employee who has become entitled to leave in accordance with
21.1.3(a) is terminated for any reason, he/she shall not be entitled to leave
in excess of five (5), eight (8) hour days of ordinary time for that year.
21.2 For the purpose
of administering 21.1.3, within two weeks of an employee commencing employment,
CSR may require an employee to make a statutory declaration or other written
statement as to what paid leave of absence he/she has had from any employer
during the then current year and upon such statement CSR shall be entitled to
rely and to act.
21.3 The rights
under this clause shall accumulate from year to year, so long as his/her
employment continues with the one employer, so that any part of the leave
entitlement which has not been allowed in any one year may be claimed by the
employee and shall be allowed by that employer, subject to the conditions
prescribed by this clause, in a subsequent year of continued employment.
21.4 If an Award
holiday occurs during an employee's absence on sick leave then such Award
holiday shall not be counted as sick leave.
21.5 Service before
the date of coming into force of this clause shall be counted as service for
the purpose of assessing the sick leave entitlement in any year under 21.1.3,
but shall not be taken into consideration in arriving at the period of
accumulated leave.
21.6 "Year"
shall mean a period of twelve months measured for each employee from the date
of commencement of his/her current period of employment.
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 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 at clause 21, 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 is
required to establish, by production of a medical certificate, 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:
(a) the employee
being responsible for the care and support of the person concerned; and
(b) the person
concerned being:
(i) a spouse of
the employee; or
(ii) 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
(iii) 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) 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 CSR notice, prior to the absence, of the
intention to take leave, the name of the person requiring care and their
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 CSR by telephone of such
absence at the first opportunity on the day of absence.
22.2 Unpaid Leave
for Family Purpose
An employee may elect, with the consent of CSR, 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(b) above who is ill.
22.3 Annual Leave
22.3.1 An employee may
elect with the consent of the employer, subject to the Annual Holidays Act 1944
(as amended), 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 22.3.1, 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.
23. Bereavement
Leave
23.1 An employee
other than a casual employee shall be entitled to up to two (2) days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in 23.3 below.
23.2 The employee
must notify CSR as soon as practicable of the intention to take bereavement
leave and will, if required by CSR, provide to the satisfaction of CSR proof of
death.
23.3 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 in 22.1.3(b), provided
that for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
23.4 An employee is
not entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
23.5 Bereavement leave
may be taken in conjunction with other leave available under 22.2, 22.3 and
22.4. In determining such a request CSR will give consideration to the
circumstances of the employee and the reasonable operational requirements of
the business.
24. Annual Leave
24.1 See Annual
Holidays Act 1944 (as amended).
24.2 An employee at
the time of entering upon a period of annual leave in accordance with the said
Act shall be entitled to an additional payment of 25 per cent of moneys payable
(up to a maximum of $1,200 per 20 leave days) to the employee for the period of
annual leave, to be paid in December each year.
25. Long Service
Leave
25.1 See Long
Service Leave Act 1955.
25.2 An entitlement
to long service leave shall accrue after seven (7) years of continuous service.
Payment of long service leave shall only occur after ten years unless the
contract of employment is terminated by either party. This subclause does not
apply in cases of gross misconduct.
26. Amenities
26.1 The following
facilities shall be available at the depot or any other place where employees
are engaged under the provisions of this Award:
(a) Proper
dressing rooms with adequate washing facilities, including showers with both
hot and cold water.
(b) Proper lock-up
clothing lockers.
(c) Where
employees are required to take their meals at CSRs' yard, depot or garage, a
designated dining room will be provided by CSR with adequate seating and table
accommodation for the partaking of meals; also facilities for boiling water,
drinking water and heating food.
(d) Proper
lavatory facilities.
26.2 Employees shall
place all personal belongings in the lockers provided.
27. Uniforms and
Protective Clothing
27.1 Where CSR
requires an employee to wear a uniform(s), the same shall be provided by CSR to
the employee free of cost.
27.2 When requested
by the employee, CSR shall provide rubber gloves, gum boots and waterproof coat
or apron, free of cost, for the use at work by an employee required to wash a
vehicle.
27.3 Wet weather
clothing consisting of waterproof hat, coat and trousers shall be provided for
employees required to work in the rain.
27.4 The clothing
provided in accordance with this clause shall be renewed when reasonably
necessary. It shall only be worn when
the employee is engaged on work CSR and shall remain the property of CSR and
shall be on demand in a condition commensurate with normal wear and tear. An employee may be required by CSR employer
to sign a receipt for such clothing upon issue.
27.5 All uniforms
and personal protective equipment issued shall be worn as directed by CSR. CSR
may stand an employee down from part of a shift, a shift or shifts without pay
where the employee refuses to co-operate or does not comply with CSR directions
regarding uniforms and personal protective equipment provided by CSR, until
such time as the employee reports for work with all relevant uniforms and
personal protective equipment.
28. Termination of
Employment
28.1 The employment
of a weekly or part-time employee may be terminated only by the relevant notice
period contained in the Workplace Relations Act 1996. This shall not affect the
right of CSR to dismiss an employee without notice in the case of misconduct.
28.2 Probation
period
28.2.1 The employment
of a new permanent employee covered by this Award will be subject to the
satisfactory completion of a three (3) month probationary period. The probation
period shall begin on the employee’s first day of work.
28.2.2 The probation
period may be shortened by agreement at any time.
28.2.3 Where the
employee is absent from work during any part of the probation period, the
Company may at its discretion extend the probation period, by up to and no more
than the length of the employee’s absence. Prior to the end of the original probation
period, the employee shall be advised in writing of any such decision to extend
the probation period.
28.2.4 The company may
terminate the employment of an employee during this period by giving the
employee one (1) week’s notice or payment in lieu. This does not diminish the
right of the Company to terminate an employee’s employment for serious
misconduct.
28.3 An employee
with more than two months' service on leaving or being discharged shall, upon
request, be given a certificate of service in writing. Such certificate of service shall at least
contain information as to the length and nature of the employment of the
employee.
29. Unauthorised
Persons Riding on Vehicles
An employee shall not permit any unauthorised person to
accompany him/her in his/her vehicle or assist him/her in the delivery of
material.
30. Tools and
Apparatus
CSR will provide and maintain all necessary tools and
equipment.
31. Union Delegate
31.1 An employee
appointed as union delegate to the yard, depot, or garage shall, upon
notification thereof to CSR by the branch or sub-branch Secretary of the union,
be recognised as the accredited representative of the union.
31.2 Any matter
arising in the yard, depot or garage affecting members of the union may be
investigated by the delegate and discussed with CSR or his/her representative.
The delegate shall, at his/her request, be allowed a reasonable opportunity to
carry out such duties at a time reasonably convenient to himself/herself and
CSR but subject to operational and customer needs at such times.
31.3 If a matter of
dispute is not settled the delegate shall, on request, be allowed access to a
telephone for a reasonable opportunity of notifying the union branch or
sub-branch concerned.
32. Notice Board
CSR will supply a notice board of reasonable dimensions to
be erected or to be placed in a prominent position in his/her yard, depot or
garage upon which accredited representatives of the union shall be permitted to
post formal union notices signed by the representative or representatives.
33. First-Aid
CSR will provide first-aid facilities at each establishment,
yard or depot as required by the appropriate legislation.
34. Jury Service
34.1 An employee
required to attend for jury service during his/her ordinary hours shall be
reimbursed by CSR an amount equal to the difference between the amount paid in
respect of the attendance for jury service and the amount of wage he/she would
have received in respect of the ordinary time he/she would have worked had
he/she had not been on jury service.
34.2 An employee
shall notify CSR as soon as possible of the date upon which he/she is required
to attend for jury service. Further,
the employee shall give CSR proof of his/her attendance, the duration of such
attendance and the amount received in respect of such jury service.
35. Duties of
Drivers
35.1 Where required
by CSR, drivers' duties shall include minor repairs such as changing
tail-lights and each driver shall be ready, willing and able to perform similar
non-specialist vehicle maintenance tasks such as pre-start checks.
35.2 CSR may direct
an employee to:
35.2.1 participate in
training activities: and/or
35.2.2 carry out such
duties as are within an employee’s limits of skill, competence and training.
35.3 Training
activities initiated by CSR will be at CSR’s cost. Time spent by employees in such training activities shall be
regarded as a part of ordinary rostered hours.
36. Disputes
Procedure
36.1 Procedure
relating to grievances of individual employees:
36.1.1 The employee is
required to notify (in writing or otherwise) CSR as to the substance of the
grievance, request a meeting with the employer for bilateral discussions and
state the remedy sought.
36.1.2 A grievance must
initially be dealt with as close to it’s source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
36.1.3 Reasonable time
limits must be allowed for discussion at each level of authority.
36.1.4 At the
conclusion of the discussion, CSR must provide a response to the employee's
grievance, if the matter has not been resolved, including reasons for not
implementing any proposed remedy.
36.1.5 While a
procedure is being followed, normal work must
be continued.
36.1.6 The employee may
be represented by an industrial organisation of employees.
36.2 Procedures
relating to disputes, etc., between CSR and employees:
36.2.1 A question,
dispute or difficulty must initially be dealt with as close to it’s source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
36.2.2 Reasonable time
limits must be allowed for discussion at each level of authority.
36.2.3 While the
procedure is being followed, normal work must continue.
36.2.4 The employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
37. Redundancy
37.1 Employer s Duty
to Notify -
37.1.1 Where the
employer has made a definite decision to introduce changes in production,
programme, organisation, structure 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.
37.1.2 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of CSR’s workforce or in the skills required,
the elimination or diminution of job opportunities, promotion opportunities or
job tenure, the alteration of hours of work, the need for retraining or
transfer of employees to other work or location and the restructuring of jobs.
37.2 Employers Duty
to Discuss Change -
37.2.1 CSR shall
discuss with the employees affected and the union to which they belong, inter
alia, the introduction of the changes referred to in 38.1, 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.
37.2.2 The discussions
shall commence as early as practicable after a definite decision has been made
by CSR to make the changes referred to in 37.1.
37.2.3 For the purpose
of such discussions, CSR shall provide to the employees concerned and the union
to which they belong all relevant information
about 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 CSR.
37.3 Discussions
Before Terminations -
37.3.1 Where an
employer has made a definite decision that CSR no longer wishes the job the
employee has been doing to be done by
anyone pursuant to clause 37.1.1, 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.
37.3.2 The discussions
shall take place as soon as is practicable after CSR has made a definite
decision which will invoke clause
37.3.1 and shall cover, inter alia, any
reasons for the proposed
termination and measures to mitigate
any adverse effects of any termination on the employees concerned.
37.3.3 For the purpose
of the discussions 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 CSR.
37.4 Notice for
Changes in Production, Programme, Organisation or Structure -
37.4.1 This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from "production", "programme",
"organisation" or "structure" in accordance with clause
37.1. In order to terminate the employment of an employee, CSR shall give 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
|
|
More than 5 years
|
4 weeks
|
37.4.2 In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years continuous service, shall be entitled
to an additional week's notice.
37.4.3 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.
37.5 Notice for
Technological Change
This subclause sets out the notice to be applied to
terminations by the employer for reasons arising from "technology" in
accordance with clause 37.1.
37.5.1 In order to
terminate the employment of an employee CSR shall give to the employee three
months notice of termination.
37.5.2 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.
37.5.3 The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
37.6 Time Off During
the Notice Period
37.6.1 During the
period of notice of termination given by CSR, 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.
37.6.2 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
CSR, be required to produce proof of attendance at an interview or the employee
shall not receive payment for the time absent.
37.7 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 CSR until the expiry of such notice. Provided that in such circumstances the employee shall not be
entitled to payment in lieu of notice.
37.8 Statement of
Employment
CSR 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
being performed by the employee.
37.9 Department of
Social Security Employment Separation Certificate
The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by the
Department of Social Security.
37.10 Transfer to
Lower-paid duties
Where an employee is transferred to lower-paid duties
for reasons set out clause 37.1, 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 has been terminated, and CSR 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 rates
for the number of weeks of notice still owing.
37.11 Severance
Payments
In addition to the giving of notice in accordance with
this clause, CSR will pay the higher of the following options for severance pay
to an employee whose employment will be terminated as a result of redundancy:
(a) Two weeks’ pay
for each year of continuous service (pro rata) to a maximum of 52 weeks’ pay
(inclusive of notice of termination in accordance with this clause); or
(b) If the
employee is under 45 years of age:
|
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
|
or
If the employee is 45 years of age or over:
|
Years of Service
|
45 Years of Age and over entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
38. Superannuation
38.1 The company
shall pay an amount equivalent to 12% of an employee s annualised salary as a
superannuation contribution.
38.2 The component
of the amount in clause 38.1 that exceeds the superannuation guarantee rate, or
a portion thereof (currently 4%) may be taken as an allowance payable into an
employees annualised salary or as superannuation contributions, at the
employee’s election.
38.3 The
superannuation contribution shall be paid into the CSR Staff Superannuation
Fund (SSF).
39. Rescission of
Award
39.1 In the event
that the loads per truck per day is below an average of four loads per truck
per day for any six-month period (calculated as a moving 6-month average total)
during the life of this award, this award shall be rescinded upon application
to the Industrial Relations Commission of New South Wales. For the purpose of
this clause, loads per truck per day is calculated as follows:
Total loads delivered divided by the number of work
days (per month including Saturdays), equals ‘loads per day’. ‘Loads per day’
divided by the average number of trucks actually used per work day per month
equals loads per truck per day.
39.2 No party to
this award shall object to such application when made. No fault criteria or any
other argument is relevant to an application for award rescission.
40. No Duress
No party has entered into this award under duress.
41. Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity and age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
42. Signatories
Signed for and on behalf of CSR Ltd Trading as The Readymix
Group:
Signed for and on behalf of Transport Workers' Union of
Australia, New South Wales Branch
Signed by an elected delegate for and on behalf of the
employees covered by this Award
CSR Ltd t/a The Readymix Group Sydney Raw Materials
Transport (State) Award No. 4 2000.
CSR Transport (Penrith) Award No.4
P. J. CONNOR,
Commissioner.
____________________
Printed by the authority of the Industrial Registrar.