COAL SUPERINTENDING SAMPLERS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to section 19
of the Industrial Relations Act 1996
and another matter.
(No. IRC 5251 of 1999 and 1813 of 2000)
|
Before Commissioner Cambridge
|
31 July 2000 and 28 March 2001
|
REVISED AWARD
PART A
1. ARRANGEMENT
Clause No. Subject Matter
1. Arrangement
2. Wages And Classifications
2a. Functions
2b. Skills/Qualifications
2c. Training
2d. Mixed Functions
2e. State Wage Case Adjustments
3. Hours
4. Overtime
5. Shift Work - Extra Payment
6. Meal Allowance
7. Holidays
8. Annual Leave
9. Sick Leave
10. Personal Carer’s Leave
11. Meal Breaks And Cribs
12. Rest Pauses
13. Underground Allowance
14. Casual Employees
15. Long Service Leave
16. Engagement And Termination
17. Payment Of Wages
18. Protective Clothing
19. First Aid
20. Job Representative
21. Settlement Of Disputes
22. Right Of Entry
23. Bereavement Leave
24. Existing Privileges
25. Award Negotiations
26. General Conditions
27. Travel Allowance
28. Living Away Allowance
29. Notification Of Absence
30. Other Duties
31. Superannuation
32. Redundancy
33. Anti Discrimination
34 Area, Incidence And Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Allowances
2. Wages And
Classifications
The rates of pay payable to employees appointed by the
employer to the classifications covered by this award shall be as per the
Monetary Rates set out in Table 1 of Part B.
Classifications
Trainee Sampler (75%)
Sampler (100%)
Senior Sampler (105%)
Supervising Sampler (117
½%)
A Sampler or Senior Sampler appointed as Leading Hand shall
be paid in addition to the rate otherwise prescribed, the Monetary Rates set
out in Table 1 of Part B.
Leading Hand
In charge of more than two and up to and including five
employees
In charge of more than five and up to and including ten
employees
In charge of more than ten employees
Leading Hand classifications shall not apply to Trainee
Sampler or Supervising Sampler.
2a. Functions
1. Trainee
Sampler
To be trained in all aspects of Sampler/Tester functions.
2. Sampler/Tester
(Permanent or Casual)
Perform unsupervised the following tasks/functions:
3. Senior
Sampler/Tester
- Carry out
functions of 2 above, plus conduct the following tests unsupervised:
• hardgrove
• float sink -
ARD‘s
• coke drum
tests
• perform
sampling of strips/channels/mines/preparation plants
• other
advanced tests as required.
4. Leading Hand
Sampler/Tester
- Can perform
all of functions of 3 above but may in some circumstances be appointed from 2
above.
- Check,
collate time sheets.
- Prepare
rosters.
- Allocate
work.
- Oversee
Samplers/Trainees.
5. Supervising
Sampler/Tester
- Perform all
of Leading Hand’s job functions.
- Prepare
week-end rosters/notification.
- Handle
call-outs.
- Responsible
for sampling/preparation operations.
- Responsible
for training of new samplers.
- Input
information into computer records.
- Allocate job
instruction sheets.
2b - Skills/Qualifications
1. Trainee
Sampler
- Driver’s
Licence.
- School
Certificate with passes in Maths and English or able to demonstrate an adequate
level of literacy and numeracy skills.
2. Sampler/Tester
- Must have
completed 90 day training period and successfully completed structured training
programme.
3. Senior
Sampler/Tester
- Completed
structured training programme for this level of classification.
4. Leading Hand
Sampler/Tester
- As per 2 or 3
above.
- Can work with
minimal supervision.
- Possesses
some organisational and communication skills.
5. Supervising
Sampler/Tester
- Possesses
organisational capabilities and communication skills.
- Successfully
completes a course in coal technology equivalent to The Australian Coal Preparation
Society Preliminary Course in Coal Preparation.
- Be capable of
effectively training staff in all procedures.
- Possesses
basic computer operating skills.
2c - Training
1. Trainee/Sampler
- In-house
structured supervised training to perform samplers’ duties with minimal
supervision after 90 days’ training.
2. Sampler/Tester
Additional training to carry out testing for:
- float sink,
coke drum tests, sampling of strips/channels/mines/preparation plant.
- undergo
additional training to achieve Leading Hand qualifications, where required.
3. Senior
Sampler/Tester
- Undergo
additional training to achieve Leading Hand and Supervising Sampler level
qualifications, where required.
4. Supervising
Sampler/Tester
- Completion of
structured training courses as above.
- Attend a
recognised coal technology course as per 2B - 5.
- Training in
the use of computers.
2d - Mixed Functions
An employee engaged for more than four hours during any one
day or shift on duties carrying a higher rate of pay shall be paid the higher
rate for such day or shift. If engaged
for four hours or less the employee shall be paid the higher rate of pay for
the time so worked.
2e - State Wage Case
Adjustments
(i) The rates of
pay in this award include the $10 State Wage Case - August 1997 adjustment
payable under the State Wage Case - August 1997 decision. This adjustment 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.
(ii) The rates of
pay in this award include the adjustments payable under the State Wage Cases of
June 1998 and June 1999. This adjustment 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.
3. Hours Of Work
(a) Day Work:
The ordinary working hours shall be 38 per week, Monday to
Friday inclusive, between the hours of 6.00 a.m. and 5.00 p.m. (or where mutually
agreed 5.00 a.m. - 5.00 p.m.).
(b) Shift Work:
(i) While coal is
being loaded employees shall be required to work shift work.
(ii) Unless
otherwise mutually agreed the spread of hours for shift workers shall be as
follows:
(a) Day Shift
Commence between 6.00 a.m. - 8.00 a.m.
Finish between
2.00 p.m. - 4.00 p.m.
OR
Commence between 5.00 a.m. - 7.00 a.m.
Finish between 1.00
p.m. - 3.00 p.m.
(b) Afternoon
Shift
Commence between
2.00 p.m. and 4.00 p.m.
Finish between 10.00
p.m. and midnight
OR
Commence between 1.00
p.m. and 3.00 p.m.
Finish between 9.00 p.m. and 11.00 p.m.
(c) Night Shift
Commence between 10.00
p.m. and midnight
Finish between 6.00 a.m. and 8.00 a.m.
OR
Commence between
9.00 p.m. and 11.00 p.m.
Finish between 5.00
a.m. and 7.00 a.m.
Except by mutual agreement, the employer shall give 48
hours’ notice to an employee transferred from day work to shift work and from
shift work to day work or both and such employees’ ordinary hours shall, unless
otherwise mutually agreed, be altered accordingly within the prescribed spread
of hours.
(c) Subject to
Clause 3(a) and (b) the ordinary working hours shall be worked as a 19 day four
week cycle of eight hours each Monday to Friday inclusive, with 0.4 of one hour
of day worked accruing as an entitlement to take a leisure day in each four
week cycle as a day or shift paid for as though worked by the employee fixing
one rostered day off in each work cycle for each employee, prior to the
commencement of that work cycle.
(d) The employer
may cancel the nominated rostered day off referred to in paragraph (c) of this
subclause provided that the employer, wherever possible, shall provide the
employee with seven days’ notice of such cancellation, and provided further
that the employer complies with the terms of paragraph (e) of this subclause.
(e) Where the
employer elects to cancel the rostered day off pursuant to paragraph (d) of
this subclause the work on that day shall be worked as normal and an alternative
rostered day off shall be substituted in lieu thereof.
The rostered days off may be accumulated to a maximum of
five per year and all or part shall be taken at a mutually agreed time.
(f) Where such
rostered work day as prescribed in sub-paragraph (c) above falls on a Public
Holiday as prescribed in Clause 7, Holidays, the next working day shall be
taken in lieu of the rostered day off unless an alternate day in that four week
cycle or the next is agreed in writing between the employer and the employees.
(g) Each day of
paid leave taken and any Public Holiday occurring during any cycle of four
weeks shall be regarded as a day worked for accrual purposes.
(h) An employee
who has not worked a complete 19 day four week cycle shall receive pro-rata
accrued entitlements for each day worked (or fraction of each day worked) or
regarded as having been worked in such cycle payable for the rostered day off,
or in the case of termination of employment, on termination.
4. Overtime
All time worked outside of the ordinary starting and ceasing
times or in excess of 8 hours per day or 40 hours per week shall be deemed
overtime and shall be paid for as follows:
(a) Day Workers:
(i) Monday to
Sunday - at the rate of double time provided that in computing overtime each
day shall stand alone.
(ii) Rostered Day
Off - in addition to the accrued entitlement at the rate of time and one-half,
subject to Clause 3(e).
(b) Shift Workers:
(i) Monday to
Sunday - at the rate of double ordinary time provided that in computing
overtime each day shall stand alone.
(ii) Rostered Day
Off - in addition to the accrued entitlement at the rate of time and one-half,
(rostered shift off subject to Clause 3(e)).
(iii) Double time
means 200 per cent of ordinary time excluding shift allowances.
(c) An employee
recalled to work overtime after leaving the employer’s business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of four hours’ work at the appropriate rate for each time the employee
is so recalled.
(d) An employee
required to work overtime on Saturday or Sunday shall be provided with at least
four hours’ work or be paid a minimum of four hours at the appropriate rate.
(e) Subject to
paragraph (f) of this subclause an employee other than a casual who works so
much overtime
(i) between the
termination of the employees ordinary work day or shift, and the commencement
of their ordinary work in the next day or shift that they have not had at least
ten consecutive hours off duty between these times; or
(ii) 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 twenty-four hours
preceding their ordinary commencing time on their next ordinary day or shift;
shall, subject to this subclause be released after completion of such overtime
until they have had ten hours off duty without loss of pay for ordinary working
time occurring during such absence.
Provided that if, on the instructions of their employer,
such an employee resumes or continues work without having had such ten
consecutive hours off duty the employee shall be paid at double rates until
they are 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.
(f) The
provisions of paragraph (e) of this clause shall apply in the case of shift
workers as if eight hours were substituted for ten hours when overtime is
worked -
(i) For the
purpose of changing shift rosters, or
(ii) Where a shift
worker does not report for duty and a day worker or shift worker is required to
replace such shift worker; or
(iii) Where a shift
is worked by arrangement between employees themselves.
(g) Rostered
Overtime
(i) Rostered
overtime - Saturday and Sunday shall be notified to employees no later than
6.00 pm the Friday prior to the said rostered overtime.
(ii) An employee
who is rostered to work overtime on Saturday or Sunday and such overtime is
cancelled after 7.00 pm on the Friday, shall, except where mutually agreed be
provided with four hours’ work or be paid four hours’ pay at the appropriate
rate.
(iii) An employee
who is rostered to work overtime both Saturday and Sunday and such overtime is
cancelled prior to 7.00 pm on the Saturday shall not attract the penalties
prescribed in subclause (iii).
(h) Overtime for
Casuals
A casual employee required to work overtime shall be paid at
the rate of double time based on the hourly rate of a weekly employee.
In addition such employee shall receive a loading of 15 per
cent calculated on the ordinary single time rate of a weekly employee.
5. Shift Work - Extra
Payment
Afternoon and Night Shifts
Shift workers working on afternoon shift shall be paid in
addition to the rates of pay prescribed herein, an allowance of 30 per cent of
the appropriate ordinary weekly rate for each afternoon shift.
Shift workers working on night shift shall be paid in
addition to the rates of pay prescribed herein, an allowance of 35 per cent of
the appropriate ordinary weekly rate for each night shift.
The loadings prescribed herein apply to ordinary hours
only. Penalties for overtime hours
shall be as per Clause 4, Overtime.
6. Meal Allowance
When an employee is required to work overtime of two hours
or more after the ordinary ceasing time Monday to Friday and after four hours
Saturday and Sunday without being notified the previous day or earlier shall be
paid a meal allowance as per item 1 of Table 2 of Part B - Monetary Rates.
Provided that if such overtime extends an extra amount as
per item 1 of Table 2 of Part B - Monetary Rates shall be paid after subsequent
four hours of work.
7. Holidays
(i) Payment to
the amount which ordinarily would have been paid had the day been a working
day, shall be made for the following days, viz:
New Year’s Day, Australia Day, Good Friday, Easter Monday,
Easter Saturday, Anzac Day, Queen’s Birthday, Christmas Day, Boxing Day, Eight
Hour Day or Labour Day whenever celebrated and any other gazetted Federal or
State Holidays, and holidays gazetted for a particular area in which members
are working.
(ii) The First
Monday in each November shall be the Picnic Day of the Australian Workers’
Union, New South Wales under this Award.
Where work is considered necessary on this day such day
shall be worked and paid as a normal day and another day mutually agreed shall
be substituted in lieu thereof.
The substitution shall occur once only each year.
(iii) Employees not
required to work on the said Picnic Day shall be paid for the holiday at the
ordinary rate of pay prescribed in Clause 2, Wages and Classifications, of this agreement.
(iv) Except as
provided for in subclause (ii) employees required to work on holidays shall be
paid at the rate of double and one-half time for a minimum of four hours.
8. Annual Leave
See Annual Holidays
Act 1944, as amended.
All employees when proceeding on annual leave shall receive
a loading of 25 per cent of their ordinary wages or the average of shift
(whichever is the greater) in respect of the period of annual leave to which
the employee is entitled.
9. Sick Leave
(a) Subject to the
production of evidence satisfactory to the employer the employee shall be
entitled to eleven days’ sick leave on full pay during each year of service,
such unused sick leave shall accumulate from year to year while ever the
employee is in the employ of the employer.
10. Personal Carer’s
Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 19, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
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.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
11. Meal Breaks And
Cribs
Day Work:
Employees on day work shall be allowed a meal break of 30
minutes to be taken at a time so as not to interfere with the continuity of
work.
Shift Work:
Employees on shift work shall be allowed a crib break of 30
minutes without deduction of pay to be taken at a time so as not to interfere
with the continuity of work
Where it is necessary because of the nature of the work
being performed, employees may be required to attend to their duties at times
during their meal or crib break.
12. Rest Pauses
Employees covered by this award shall be entitled to a rest
pause of ten minutes’ duration in the employer’s time during the first half of
their daily work.
Such rest pauses shall be taken at such times as will not
interfere with the continuity of work.
Utensils and ingredients (at least tea, coffee, milk and
sugar) shall be provided for employees by the company for luncheon and morning
tea.
13. Underground
Allowance
Any employee required to perform duties of those
classifications specified in Clause 2, Wages and Classifications, underground
(including panels) shall be paid the rate of time and one-half whilst so
engaged.
14. Casual Employees
A casual employee shall mean an employee engaged on an
hourly basis and is normally employed for less than 38 hours (exclusive of
overtime in any one week).
Casual employees shall be paid an hourly rate arrived at by
calculating one-thirty eighth of the minimum weekly rate and adding 15 per
cent.
Where a casual employee is employed for 38 hours (exclusive
of overtime) because of unusual or unforeseen circumstances and that employment
continues for a period of more than five weeks the union (where applicable)
shall have the right to review the circumstances of such employment.
A fair and reasonable attitude shall be taken by all parties
in the interpretation of this clause.
15. Long Service
Leave
See Long Service Leave
Act 1955, as amended.
16. Engagement And
Termination
(i) Employment of
all employees other than casual employees shall be on a weekly basis,
terminable by the giving of one week’s notice by one party to the other or by
payment or forfeiture of one week’s wages, subject to the right of the employer
to terminate without notice the employment of any employee for incompetence,
drunkenness, dishonesty or other misconduct.
17. Payment Of Wages
(i) Wages of
weekly employees shall be paid weekly or fortnightly by electronic funds
transfer.
(ii) In the event
that a public holiday falls on a normal pay day, subject to the employer being
able to make suitable arrangements, the wages may be paid on the working day
preceding the public holiday. Normal
pay day shall be no later than Thursday of each week.
(iii) Subject to
subclause (ii) casual employees shall be paid weekly or fortnightly no later
than Thursday of each pay week.
(iv) In the case of
termination of employment of an employee, in addition to the entitlement due
and payable under the Annual Holidays Act
and Long Service Leave Act, such
employee shall be entitled to payment for that period of rostered time off to
which the employee would have become entitled had they continued in
employment. For the purpose of
calculation, this subclause shall refer to that period of leave which the
employee would have become entitled to under the relevant Act at the date of termination
had his/her employment not been terminated.
(v) Subject to
subclause (ii) any employee kept waiting for wages after one (1) hour prior to
closure of normal bank trading hours on their normal pay day shall be entitled
to payment at ordinary rates for all the time he/she is kept waiting to be
paid.
This clause shall not apply to electronic funds transfer
where the delay in payment is due to circumstances over which the employer has
no control.
18. Protective
Clothing
ISSUE: (i) 2 Pairs of Safety Boots
(ii) 2
Towels
(iii) 2
Pairs of Overalls
or
2 Pairs of Shorts or Trousers and 5 Shirts
(iv) 1 Flannel hat
(where employees are required to work in direct sunlight).
The issue of this clothing is subject to the following
conditions:
Permanents: On commencement, will be issued with one set
of protective clothing and then on the completions of 28 days’ service will
receive the rest of the issue. If the
employee leaves the employer before the expiration of three months, he/she
shall pay back to the employer the following:
(i) If he/she
leaves before the expiration of one (1) month - the full cost of one (1) set of
clothing.
(ii) If he/she
leaves before the expiration of two (2) months but longer than one (1) month -
two-thirds the cost of the issue of clothing.
(iii) If he/she
leaves before the expiration of three (3) months but longer than two (2) months
- one-third the cost of the issue of clothing.
Casuals: On commencement, will be issued with
one pair of safety boots. After 28
working days’ service, a casual will receive one-half the issue of protective
clothing (which shall not include another pair of boots). If the employee leaves before the expiration
of three (3) months, the same conditions will apply as does for permanents.
This clothing issue shall be replaced on condemnation as a
result of fair wear and tear and must be presented to the employer at the time
of replacement.
The laundering of the clothing shall be the responsibility
of the employee.
Where employees are required to work in the rain they shall
be provided with adequate protective clothing free of charge. Such protective clothing shall include
waterproof coat and pants for each employee, which will remain the property of
the employer. No employee will be
required to wear unclean or unhygienic protective clothing previously worn by
another employee.
Protective clothing and safety equipment supplied by the
company shall be worn or used by the employee at all times as required.
19. First Aid
(i) See Occupational Health and Safety Act 1983
(NSW).
(ii) Subject to
the provisions of the above Act and where practical a qualified first-aid
attendant shall be allocated to each shift.
Training for employees allocated by the company to obtain
first-aid qualifications shall be at the company’s expense.
(iii) In the event
of any serious accident happening to any employee whilst at work or going to
and from the place of work, the employer shall, at their expense, provide
transport facilities to the nearest hospital or doctor.
(iv) An employee
appointed by the employer to perform first aid duty shall be paid as per item 2
of Table 2 of Part B - Monetary Rates.
20. Job
Representative
(a) A job
representative appointed by the employees shall be allowed the necessary time,
during working hours, to interview the employer or their representative, on
matters affecting the employees whom he/she represents.
(b) Job
representatives shall be paid rates of pay for their classifications as
prescribed in Clause 2, Wages and Classifications, whilst engaged in
negotiations with the companies concerning this award.
(c) Job
representatives shall be paid travelling expenses whilst they are engaged in
negotiations with the company concerning this award. Such expenses shall not exceed the cost of a return price fare
from Wollongong or Newcastle to Sydney by means of rail transport.
21. Settlement Of
Disputes
It is agreed that every effort will be made to amicably
settle any dispute which may arise by direct negotiation and consultation
between the parties to this award. To
facilitate the settlement of any such dispute, the following channel of
communication shall apply:
(a) The accredited
union job representative shall discuss any matter affecting the employees
he/she represents with the management.
(b) If the matter
is not resolved at this level, the union job representative should ask for the
matter to be referred to the companies’ nominated representative who is
responsible for dealing with matters arising on the job. Such representatives shall arrange for a
conference to discuss the matter.
(c) If the matter
is not resolved at these discussions, the union job representative shall notify
the Secretary of the union of the nature of the matter in dispute and
discussions shall then be carried on between the representatives of the
companies and the union.
(d) Should
negotiations (a), (b) and (c) fail to resolve the dispute, the dispute shall be
referred to the Industrial Relations Commission of New South Wales.
(e) While the
above procedure is being followed, work should continue normally. This provision shall apply except where a
bona fide safety issue is involved. No
party shall be prejudiced as to the final settlement by the continuance of work
in accordance with this subclause.
22. Right Of Entry
See Section 297 of the Industrial
Relations Act 1996, as amended.
23. Bereavement Leave
(i) An employee
shall be entitled to a maximum of three days bereavement leave without
deduction of pay on each occasion of the death of a person prescribed in
subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employer in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 10. Personal
Carer’s Leave, provided that for the purpose 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 other leave available under subclause
(2), (3), (4), (5) and (6) of the said clause 10. In determining such a request
the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the business.
24. Existing
Privileges
(i) An employee
who on the date or making this award is receiving a higher weekly wage shall
not have such wage reduced merely as a consequence of this award.
(ii) An employee
who at the date of making this award is receiving conditions of employment
outside the scope of the award shall not have such conditions altered merely as
a consequence of this award.
(iii) An employee
who at the date of making this award is receiving conditions in excess of
conditions that are contained within this award shall revert to the conditions
stipulated in the award.
25. Award
Negotiations
Negotiations in respect of this award shall be scheduled to
commence one month prior to expiration and the parties shall endeavour to
conclude negotiations prior to that expiry date. In the event that negotiations are not completed by the expiry
date, the operative date shall be the date of the completion of such
negotiations and ratification by the Industrial Relations Commission of New
South Wales.
26. General
Conditions
(i) The
requirements in relation to amenities shall conform at least to the minimum
requirement set out in the guide to welfare facilities and amenities, provided
under the Factory and Industrial Welfare Board as constituted by the Factories, Shops and Industries Act
1962, as amended.
(ii) The employee
may have one complete medical examination each year which shall be paid for on
the basis of the employer compensating the employee the difference between
monies received from the employee’s Health Insurance Fund or Commonwealth
subsidy for each medical examination and the cost of each medical examination.
(iii) The employer
shall provide free of charge to the employee suitable hand cleansing agent for
use in amenities areas.
27. Travel Allowance
(i) A travelling
allowance of the amount as per item 3 of Table 2 of Part B - Monetary Rates
will be paid to employees where no public transport is available.
This clause applies only to the special circumstances
existing where the employee is required to report for work direct to the coal
loader.
(ii) An employee
required to use his own vehicle during the course of his employment shall
receive a mileage allowance as per item 4 of Table 2 of Part B - Monetary
Rates.
28. Living Away
Allowance
Employees sent by the employer to work at a location where
it is not reasonable to return home each night shall be supplied reasonable
single motel accommodation plus shall receive an allowance as per item 5 of
Table 2 of Part B - Monetary Rates.
29. Notification Of
Absence
An employee unable to attend for duty shall wherever
practicable, notify the company of his/her inability to attend within one hour
of his/her scheduled commencement time.
30. Other Duties
Whilst coal sampling operations are not in progress, the
employee shall agree to undertake other duties within their qualifications and
capabilities.
31. Superannuation
(1) Employers
bound the award shall contribute the percentage stipulated in the
Superannuation Guarantee Act of the ordinary weekly wage rate of the
appropriate classification in Clause 2, Wages and Classifications, to the
Australian Superannuation Savings Employment Trust (ASSET).
(2) Casual
employees shall be admitted to the scheme after a qualifying period of 90 days
of employment.
Contributions for casual employees shall be based on the
hours worked and calculated at the percentage stipulated in the Superannuation
Guarantee Act of the normal hourly rate as defined by Clause 13 of the award.
32. Redundancy
(A) Application -
(i) This clause
shall apply in respect of full time and part time persons employed in the
classifications specified by clause 2, Wages and Classifications.
(ii) This clause
shall apply in respect of employers who employ more than 15 employees
immediately prior to the termination of employment of employees, in the terms
of paragraph (I) of subclause (D) of this clause.
(iii) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service and the general
obligation on employers shall be not more than to give such employee 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 employment.
(iv) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(B) Introduction of
Change -
(i) Employer’s
Duty to Notify -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effect on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer’s workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the 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 to the union 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, 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 their 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 the said paragraph (I).
(c) For the
purposes of such discussion, the employer shall provide in writing to the
employees concerned and their 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 the employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(C) Redundancy
(i) Discussions
Before Termination’s -
(a) Where an
employer has made a definite decision that it no longer wishes the job the
employee has been doing done by anyone pursuant to subparagraph (a) of
paragraph (I) of subclause (B), Introduction of Change, and that decision may
lead to termination of employment, the employer shall hold discussions with the
employees directly affected.
(b) The
discussions shall take place as soon as is practicable after the company has
made a definite decision which will invoke the provisions of subparagraph (a)
of this paragraph and shall cover, inter alia, any reasons for the proposed
termination’s, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any terminations on the employees concerned.
(c) For the
purposes of the discussion the employer shall, as soon as practicable, provide
in writing to the employees concerned and their 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 workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that the employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(D) Termination of
Employment -
(i) Notice of
Changes in Production, Program, Organisation or Structure - This paragraph sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from "production, "program",
"organisation" or
"structure" in accordance with subparagraph (a) of paragraph
(I) of subclause (B) of this clause.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of Continuous Service Period
of notice
Less than 1 year 1
week
1 year and less than 3 years 2
weeks
3 years and less than 5 years 3 weeks
5 years and over 4
weeks
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week’s notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided hat 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 for provisions to be
applied to termination by the company 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
3 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 the 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 sub-clause to be given shall be deemed to be service
with the company for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time Off
During Notice Period -
(a) During the
period of notice of termination given by the employer an employee shall be
allowed up to one day’s time off without loss of pay during each week of notice
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 company, be required to produce proof of attendance at an
interview or he or she shall not receive payment for the time absent.
(iv) Employee
Leaving During Notice - 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 his or her employment and the classification
of or the type of work performed by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink 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
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 Centrelink.
(viii) Transfer to
Lower paid duties - Where an employee is transferred to lower - paid duties for
reasons set out in subparagraph (a) of paragraph (I) of subclause (B) of this
clause, the employee shall be entitled to the same period of notice of transfer
as the employee would have been entitled to if the employee’s employment had been
terminated and the employer may, at the employer’s option, make payment in lieu
thereof of an amount equal to the difference between the former ordinary time
rate of pay and the new ordinary time rate for the number of weeks of notice
still owing.
(E) Severance Pay
(i) Where an
employee is to be terminated pursuant to paragraph (I) of subclause (D) of this
clause, subject to further order of the Industrial Relations Commission of New
South Wales, the employer shall pay the following severance pay in respect of a
continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service Under
45 Years of Age Entitlement
Less than 1 year Nil
1 year and less than 2 years 4
weeks
2 years and less than 3 years 7 weeks
3 years and less than 4 years 10 weeks
4 years and less than 5 years 12 weeks
5 years and less than 6 years 14 weeks
6 years and over 16
weeks
(b) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service 45
Years of Age and Over Entitlement
Less than 1 year Nil
1 year and less than 2 years 5
weeks
2 years and less than 3 years 8.75 weeks
3 years and less than 4 years 12.5 weeks
4 years and less than 5 years 15 weeks
5 years and less than 6 years 17.5 weeks
6 years and over 20
weeks
(c) "Week’s
pay" means the all - purpose rate of the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
award.
(ii) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (I) of this
subclause.
The Industrial Relations Commission shall have regard to
such financial and other resources of the employer concerned as the Commission
thinks relevant, and the probable effect paying the amount of severance pay in
the said paragraph (I) will have on the employer.
(iii) Alternative
Employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in the said paragraph (I) if the employer obtains
acceptable alternative employment for an employee.
(F) Savings
Clause-
Nothing in this clause shall be construed so as to require
the reduction or alteration of more advantageous benefits or conditions which
an employee may be entitled to under any existing redundancy agreement, taken
as a whole, between the union and any employer bound by this award.
33. 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 (NSW) to prevent and eliminate discrimination in the workplace 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 (NSW) 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.
(vi) 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:
i) Nothing in
the Act affects......any other act or practice of a body established to
propagate religion that conforms to the doctrines of that religion or is
necessary to avoid injury to the religious susceptibilities of the adherents of
that religion".
34. Area, Incidence
And Duration
This award shall apply to samplers (as defined in this
award) employed by employers providing superintending services to the coal
industry at the ports of Newcastle and Woollongong.
The award shall take effect from the first full pay period
to commence on or after the 31 July 2000 and shall remain in force for a period
of 12 months.
This award rescinds and replaces the Coal Superintending
Samplers (State) Award as published on 15 September 1995 (287 IG 1233) as
varied.
PART B
MONETARY RATES
TABLE 1 ¾ WAGES
|
|
|
|
|
1997 SWC $10 &
|
|
|
|
|
|
|
1998 SWC $14, $12
|
1999 SWC $12
|
|
Item
|
Clause
|
Classification
|
Old Rate Per
|
Or $10, FFPP On Or
|
Or $10, FFPP
|
|
No.
|
No.
|
|
Week
|
After 19/5/00
|
On Or After
|
|
|
|
|
|
|
21/8/00
|
|
|
|
|
$
|
$
|
$
|
|
1
|
2
|
Trainee Sampler
|
368.50
|
392.50
|
404.50
|
|
2
|
2
|
Sampler
|
491.30
|
515.30
|
525.30
|
|
3
|
2
|
Senior Sampler
|
515.90
|
539.90
|
549.50
|
|
4
|
2
|
Supervising
|
577.30
|
599.30
|
609.30
|
|
|
|
Sampler
|
|
|
|
|
5
|
2
|
Leading Hand 3-5
|
0.33 hour
|
0.35 hour
|
0.36 hour
|
|
6
|
2
|
Leading Hand 6-10
|
0.47 hour
|
0.49 hour
|
0.50 hour
|
|
7
|
2
|
Leading Hand over
|
0.56 hour
|
0.59 hour
|
0.61 hour
|
|
|
|
10
|
|
|
|
TABLE 2 ¾ OTHER ALLOWANCES
|
Item No.
|
Clause No.
|
|
Old Rate $
|
New Rate $
|
|
1
|
6
|
Meal Allowance
|
7.20
|
7.20
|
|
2
|
19(iv)
|
First Aid Allowance
|
1.67 day
|
1.81 day
|
|
3
|
27(i)
|
Travel Allowance
|
3.87 day
|
3.87 day
|
|
4
|
27(ii)
|
KM Allowance
|
0.43 km
|
0.43 km
|
|
5
|
28
|
Living Away Allowance
|
40.40 day
|
40.40 day
|
I. W. CAMBRIDGE,
Commissioner.
____________________
Printed by the authority of the Industrial Registrar.