HEGGIES BULKHAUL LIMITED BULK HAULAGE ENTERPRISE CONSOLIDATED AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 3290 of 1999)
|
Before The Honourable
Justice Marks
|
2 August 2001
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REVIEWED AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Redundancy
3. Introduction
and Objectives
4. Wage
Rates and Classifications
5. Hours of
Work
6. Recall
7. Rostered Days
Off
8. Shift
Work
9. Casual
Employees
10. Public
Holidays and Overtime
11. Time and
Payment of Wages
12. Technological
Change and Quality Assurance
13. Sick Leave
14. State
Personal / Carer's Leave Case
15. Annual
Leave
16. Long
Service Leave
17. Parental
Leave
18. Bereavement
Leave
19. Jury
Service
20. First-aid
21. Union
Membership
22. Union
Delegate(s)
23. Notice
Board and Meetings
24. Right of
Entry
25. Unauthorised
Persons Riding on Vehicles
26. Limitation
of Driving Hours
27. Mixed
Functions
28. Training
Commitment
29. Work
Practices
30. Workplace
Health and Safety
31. Insurance
32. Amenities
33. Meals
34. Youths
35. Disputes
and Individual Grievance Procedure
36. Uniforms
and Safety Apparel
37. Transfers
38. Medical
Examinations
39. Anti
Discrimination
40. Part-time
Employees
41. No Extra
Claims
42. Allowances
43. Definitions
44. Minimum
Term of Engagement and Termination
45. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
Table 3 - Bonus Paid Quarterly Where Applicable
2. Redundancy
See the Transport Industry - Redundancy (State) Award (318
I.G. 458).
3. Introduction and
Objectives
The purpose of this award is to set out the benefits and
conditions of work for persons employed by Heggies Bulkhaul Limited. The object of this award is to recognise the
work methods that apply at Heggies Bulkhaul Limited and to establish an
enduring, profitable and productive enterprise through the efficient and
effective provision of high quality services that will be beneficial to the
employees, the company, its clients and the community; therefore the company
and its employees, through the consultative process, shall endeavour to
collaborate, where possible, on achieving these objectives.
4. Wage Rates and
Classifications
4.1 The wage rates
in this award for the classifications described in subclause 4.2 are the total
weekly wage rates of pay.
4.2 Classifications:
4.2.1 Subject to the
provisions of this award the weekly wage rate for a permanent employee working
38 hours per week shall be as set out in Table 1 - Wage Rates, of Part B,
Monetary Rates.
4.2.2 Transport
Operator Grade 1 shall mean an employee who has been appointed to this grade
and who is required to perform any of the following functions for which he or
she has been trained:
Extra hand;
Yard person;
Driver of tow motor;
Driver of motor vehicle equivalent to a class 1
licence.
4.2.3 Transport Operator
Grade 2 shall mean an employee who has been appointed to this grade and who is
required to perform any of the following functions for which he or she has been
trained:
Driver of a two-axle rigid vehicle with a gross vehicle
mass of up to 4.5 tonnes;
Operator of a forklift with a capacity of up to 4.5
tonnes;
Loader;
Platform hand;
Truck washer, security, driver of an unladen vehicle
within the confines of the yard.
4.2.4 Transport
Operator Grade 3 shall mean an employee who has been appointed to this grade
and who is required to perform any of the following functions for which he or
she has been trained:
Driver of a two-axle rigid vehicle with a gross vehicle
mass of over 4.5 tonnes;
Operator of a forklift with a capacity of over 4.5
tonnes and not exceeding 9 tonnes;
Operator of a straddle truck;
Storeperson.
4.2.5 Transport
Operator Grade 4 shall mean an employee who has been appointed to this grade
and who is required to perform any of the following functions for which he or
she has been trained:
Operator of a forklift with a capacity of up to 15
tonnes;
Driver of a three-axle rigid vehicle.
4.2.6 Transport
Operator Grade 5 shall mean an employee who has been appointed to this grade and
who is required to perform any of the following functions for which he or she
has been trained:
Driver of a four-axle rigid vehicle;
Driver of an articulated vehicle with a total of three
axles;
Driver of a rigid vehicle/trailer combination with a total
of three axles;
Operator of a forklift with a capacity of up to 30
tonnes.
4.2.7 Transport
Operator Grade 6 shall mean an employee who has been appointed to this grade
and who is required to perform any of the following functions for which he or
she has been trained:
Driver of an articulated vehicle with a total of four
axles;
Operator of a forklift with a capacity of up to 60
tonnes;
Operator of a front end loader up to 65 bhp.
4.2.8 Transport
Operator Grade 7 shall mean an employee who has been appointed to this grade
and who is required to perform any of the following functions for which he or
she has been trained:
Driver of an articulated vehicle with a total of five
or six axles;
Driver of a rigid vehicle/trailer combination with a
total of five, six or seven axles;
Operator of a forklift with a capacity in excess of 60
tonnes;
Operator of a front end loader over 65 bhp.
4.2.9 Transport
Operator Grade 8 shall mean an employee who has been appointed to this grade
and who is required to perform any of the following functions for which he or
she has been trained:
Driver of a double articulated vehicle (i.e., a vehicle
known as a "B-Double");
Driver of rigid vehicle/triple trailer combinations
(i.e., a vehicle known as a "road train").
4.3 An employee
may be required to carry out work including duties of a lesser grade than that
in which he or she is employed.
5. Hours of Work
5.1 The ordinary
hours of work for employees shall be an average of 38 hours per week (exclusive
of meal breaks) worked on one of the following bases:
5.1.1 38
hours within a work cycle not exceeding seven consecutive days; or
5.1.2 76
hours within a work cycle not exceeding 14 consecutive days; or
5.1.3 114
hours within a work cycle not exceeding 21 consecutive days: or
5.1.4 152
hours within a work cycle not exceeding 28 consecutive days.
5.2 The ordinary
hours of work shall not exceed eight hours per day (exclusive of meal breaks)
on any five days, Monday to Friday, between the hours of 6.30 a.m. and 6.00
p.m., except where the employer and the employee have agreed in writing to work
up to 12 hours per day (exclusive of meal breaks) to enable the employee to
work less than a five-day week, or where under 5.4 the employer rosters a start
for eight hours of work from any time between 4.30 a.m. to 6.30 a.m.
5.3 Commencement
times may be staggered by the employer consistent with this award.
5.4 Where, on any
given day, the company knows that it cannot provide any more than a minimum of
nine hours work the next day, and providing the company notifies the union
delegates the day before, the employees will agree to work the nine hours from
4.30 a.m. at ordinary hours of pay for the first eight hours and overtime for
the next one hour. However, if conditions change and more work becomes
available, day shift permanent employees stay to do their normal day's work and
all rates of pay revert back to normal.
5.5 More flexible
starting times and ordinary days of work, including Saturdays and Sundays, may
be agreed in writing between the employer, the employee and the authorised
union representative, in which case the ordinary hours of work and ordinary
rate of pay shall be in accordance with that agreed cycle.
6. Recall
An employee recalled for work shall be guaranteed and shall
be paid for at least four hours' work for each start at the appropriate rates
of pay. This clause shall also apply to any employee called upon to work before
his or her normal starting time, and whose overtime work does not continue up
to such starting time.
7. Rostered Days Off
7.1 Permanent
employees shall work an additional 24 minutes each day and in so doing
accumulate one day's ordinary time pay each four weeks. This accumulation of
time entitles an employee to 12 days off without loss of ordinary time earnings
each year
7.2 Rostered days
off are to be taken in accordance with the roster drawn up in the depot, yard
or garage.
7.3 Each employee
shall take his or her rostered day off in accordance with a roster drawn up by
the employer and displayed at each depot, yard or garage.
7.4 In a yard
where a roster has not previously existed, the current existing practices shall
be preserved.
7.5 The employer
may, due to operational requirements, request an employee not to take his or
her rostered day off during the period during which it accrues. In this event,
a replacement rostered day off shall be given or the day may be accumulated.
7.6 An employee's
normal rostered day off may be changed during the currency of a roster period
by agreement between the employer and such employee. In the absence of such
agreement 48 hours' notice of such alteration shall be given to the employee.
7.7 Rostered days
off may be accumulated to a limit of ten days.
7.8 During times
of business downturn, employees may be directed to take accumulated rostered
days off by the employer at the employer's discretion subject to a roster.
7.9 Accumulated
rostered days off may be paid out at the request of the employee and by
agreement with the employer, provided that the employee maintains a balance of
five accrued rostered days off. Such payment of accumulated rostered days off
shall be at the ordinary hours wage rate.
8. Shift Work
8.1 Permanent
Employees:
8.1.1 A two-shift
system comprising Day Shift and Second Shift shall apply.
8.1.2 Employees may
be required to work a second shift.
8.1.3 The hours of
work of permanent employees on the second shift will be an average of 38 hours per
week, inclusive of a 20-minute meal break.
8.1.4 "Second
Shift" means any shift commencing between 1.00 p.m. and 6.00 p.m.
8.1.5 An employee
working second shift shall be paid, in addition to the ordinary time rate of
his/her respective classification, an additional allowance of 17.5 per cent for
all actual hours worked. This allowance shall not be taken into account in the
computation of overtime.
8.1.6 An employee on
day work may be transferred to shift work and vice versa upon seven days'
notice given by the company to the employee, or upon lesser notice by agreement
between the company and the employee, or upon 24 hours' notice in emergency
circumstances beyond the control of the company.
8.1.7 Shift starting
time, once set, may be varied upon seven days' notice given by the company to
the employee or upon lesser notice by agreement between the company and the
employee.
8.2 Casual
Employees:
8.2.1 Casual
employees may be engaged on shift work.
8.2.2 Such employees
must be paid a minimum payment of six hours.
8.2.3 Casual shift
workers shall be entitled to the appropriate shift penalty as provided for in
8.1.5
9. Casual Employees
9.1 A casual
employee who has not been previously engaged by the company prior to this award
being made shall be paid a minimum of six hours for each period of engagement,
provided that casuals currently employed at the commencement of this award
shall be paid a minimum of eight hours per engagement.
9.2 The
ordinary-time hourly rate for a casual employee shall be the same as for a
permanent employee and, in addition, a casual employee shall receive an
allowance of 15 per cent.
9.3 The 15 per
cent allowance shall be paid to a casual employee for ordinary-time hours
worked only.
9.4 Casual employees
may be engaged to fill the casual vacancies caused by permanent employees being
absent on any leave or when unable to work intended hours.
9.5 A casual
employee will not receive any preference for employment when a vacancy occurs
for weekly hire employment.
9.6 The company
shall review with the delegates every three months the incidence of casual
employment. The company shall endeavour to ensure that a ratio of four to one
permanents to casuals shall prevail, but this ratio may vary during periods of
peak demand beyond the control of the company and also to meet annual leave
obligations, mutatis mutandis.
9.7 A casual
employee shall be entitled to annual leave.
10. Public Holidays
and Overtime
10.1 Permanent
employees required to work on New Year's Day, Australia Day, Good Friday,
Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day and
Boxing Day, or any other days which may be proclaimed by the Government and
which are observed as public holidays for the area covered by this award, shall
be entitled to be paid, in addition to the normal day's pay, at the rate of
time and one-half of the ordinary-time rate, provided that for Christmas Day or
Good Friday payment shall be at the rate of double the ordinary-time rate.
10.2 All employees
may be required to work reasonable overtime. For the purposes of this award
reasonable overtime shall be the amount of extra hours required to make up 12
hours per day.
10.3 Overtime shall
be paid at the rate of one and one-half times the ordinary-time classification
rate for the first two hours and double time thereafter.
10.4 Overtime worked
on each day shall stand alone.
10.5 The overtime
rate for casual hire employees shall be the same as for permanent employees.
10.6 Overtime worked
on a Saturday or Sunday by an employee engaged on a Monday-to-Friday basis
shall be paid a minimum of four hours at the rate of time and one-half for the
first two hours and double time thereafter on Saturday, and at the rate of
double time on Sunday. Provided that an employee (other than an employee
working an ordinary shift) who is required to commence work on a Saturday at
12.00 noon or thereafter shall be paid at double time.
10.7 Overtime worked
on the sixth or the seventh day of an agreed working week pursuant to 5.2 and
5.5 shall be paid at the same rate as described in 10.6 above.
10.8 Overtime worked
on a public holiday shall be paid at 1.5 times the ordinary-time classification
rate for all hours worked, with no minimum payment, in addition to the ordinary
day's pay.
10.9 An employee on
the second shift who is required to work on the sixth and/or seventh day of a
work cycle agreed in accordance with 5.5 shall be paid at the same rate as
described in 10.3 above and this shall not include the shift allowance.
11. Time and Payment
of Wages
11.1 Wages will be
calculated and paid on actual time worked as recorded by either manual or
electronic recording systems.
11.2 Wages for weekly
hire employees will be paid on Wednesday of each week by electronic funds
transfer (EFT) into up to three accounts at any financial institution with a
branch preferably in either Camden or Narellan.
11.3 The employer
shall not hold more than two days wages in hand.
11.4 Casual
employees shall be paid daily by EFT or at the period of the end of the
engagement, provided that the employee will be paid weekly if the engagement
period is for five days or more.
12. Technological
Change and Quality Assurance
12.1 The parties to
this award accept the introduction of technological change and quality
assurance in the road transport industry as a means of maximising customer
satisfaction and reliability of service to those customers.
12.2 Parties to this
award are committed to the acceptance and operation of systems as a result of
technological change. Such systems shall include:
vehicle monitoring;
global monitoring systems;
automated scheduling;
data fuel systems;
evaluation of new vehicles and equipment;
operation of key pads;
quality assurance monitoring tools.
12.3 The parties to
this award are committed to the acceptance of changes to operational systems
which provide quality assurance to the services provided by the employer and the
employees. This may involve procedural and documentation changes to better be
able to provide a record of the quality of the service provided to customers.
It is further recognised by the parties that these systems may have to be
modified to the individual circumstances of individual customers.
13. Sick Leave
Each permanent employee shall be entitled to sick leave on
the following bases:
13.1 In the first
year of service - five days.
13.2 In every
subsequent year of service - eight days.
13.3 Sick leave will
accumulate.
13.4 An employee
prior to claiming sick leave, after the first day's absence in any sick leave
period, may be required to produce to the employer a certificate from a
practising medical practitioner before payment is made.
14. State Personal/Carer's
Leave Case
14.1 Use of Sick
Leave:
14.1.1 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 13, 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.
14.1.2 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.
14.1.3 The
entitlement to use sick leave in accordance with this subclause is subject to:
14.1.3.1 the
employee being responsible for the care of the person concerned; and
14.1.3.2 the
person concerned being:
14.1.3.2.1 a
spouse of the employee; or
14.1.3.2.2 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
14.1.3.2.3 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
14.1.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
14.1.3.2.5 a
relative of the employee who is a member of the same household, where for the
purposes of this subparagraph:
14.1.3.2.5.1 "relative"
means a person related by blood, marriage or affinity;
14.1.3.2.5.2 "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
14.1.3.2.5.3 "household"
means a family group living in the same domestic dwelling.
14.1.4 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.
14.2 Unpaid Leave
for Family Purpose:
14.2.1 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 14.1.3.2 who is ill.
14.3 Annual Leave:
14.3.1 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.
14.3.2 Access
to annual leave, as prescribed in paragraph 14.3.1 of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
14.3.3 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.
14.4 Time Off in
Lieu of Payment for Overtime:
14.4.1 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.
14.4.2 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.
14.4.3 If,
having elected to take time as leave in accordance with 14.4.1 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.
14.4.4 Where
no election is made in accordance with 14.4.1 the employee shall be paid
overtime rates in accordance with the award.
14.5 Make-up Time:
14.5.1 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.
14.5.2 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.
14.6 Rostered Days
Off:
14.6.1 An
employee may elect, with the consent of the employer, to take a rostered day
off at any time.
14.6.2 An
employee may elect, with the consent of the employer, to take rostered days off
in part day amounts.
14.6.3 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.
14.6.4 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.
15. Annual Leave
15.1 Annual leave shall
be as prescribed by the Annual Holidays
Act 1944.
15.2 An annual leave
loading of 25 per cent will be paid on the completion of each service year and
at the time of commencing the annual leave.
15.3 Annual leave
loading is not payable on pro rata annual leave.
16. Long Service
Leave
Long service leave will be in accordance with the Long Service Leave Act 1955.
17. Parental Leave
Maternity leave, paternity leave or adoption leave shall be
granted in accordance with the provisions of Division 1 of Part 4 of Chapter 2
of the Industrial Relations Act 1996.
18. Bereavement Leave
18.1 An employee,
other than a casual 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 within Australia as prescribed in 18.3.
18.2 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.
18.3 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 as set out in 14.1.3.2
provided that, for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
18.4 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.
18.5 Bereavement
leave may be taken in conjunction with other leave available under 14.2, 14.3,
14.4, 14.5 and 14.6. In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
19. Jury Service
19.1 An employee
required to attend for jury service during his/her ordinary hours shall be
reimbursed by the employer an amount equal to the difference between the amount
paid in respect of his/her attendance for such jury service and the amount of
wage he or she would have received in respect of the ordinary time he or she
would have worked had the employee not been on jury service.
19.2 An employee
shall notify the employer as soon as possible of the date upon which he or she
is required to attend for jury service. Further, the employee shall give the
employer proof of his or her attendance, the duration of such attendance and
the amount received in respect of such jury service.
19.3 Where the day
or days upon which an employee is required to attend for jury service coincide
with time rostered for the employee to take off, pursuant to clause 7, Rostered
Days Off, such rostered time off shall be deemed to have been taken with the
roster.
20. First-Aid
20.1 The employer
shall provide first-aid facilities as required by the appropriate legislation.
20.2 An employee
appointed by the employer to perform first-aid shall be paid an allowance as
set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
21. Union Membership
The employer makes, and the union acknowledges, the
following statement of policy:
21.1 The legitimate
role of the union as the representative of employees is accepted and encouraged,
as is the exercise of the right of every individual to join the union.
21.2 Each employee
who is a financial member of the Transport Workers' Union shall receive an
additional day's wages in addition to all other payments due to him/her in the
pay period in which Easter Saturday falls.
21.3 The company
shall extend payroll deduction facilities to all employees who request that
their union membership be paid in such manner.
22. Union Delegate(s)
22.1 An employee
appointed as union delegate to the yard, depot or garage shall, upon
notification thereof to the employer by the branch or sub-branch Secretary of
the union, be recognised as the accredited representative of the union.
22.2 Any matter arising
in the yard, depot or garage affecting members of the union may be investigated
by the delegate and discussed with the employer or the employer's
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
or herself and the employer.
22.3 If a matter in
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.
22.4 The union
delegate(s) shall at all times be ready to discuss ways in which improvements,
including technological changes, can be introduced to improve safety, public
convenience, company efficiency and job security.
22.5 The delegates
will be paid for meetings held with management and for attendance at any other
meeting approved by the employer for legitimate union business.
23. Notice Board and
Meetings
23.1 The employer
shall supply a notice board of reasonable dimensions, to be erected or to be
placed in a prominent position in the 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.
23.2 The employer will
pay for employees to attend a yard meeting held twice per annum where such
meeting is not held in ordinary working hours. Such payment will be three hours
only at time and one-half for those employees who attend the meeting.
24. Right of Entry
See Part 7 of Chapter 5 of the Industrial Relations Act 1996.
(NOTE: This provides that a duly accredited representative of the union
shall have the right to enter any work place or premises for the purpose of
interviewing employees and investigating suspected breaches of awards or
agreements or the Industrial Relations
Act 1996 and in such investigations inspect time and pay sheets - so long
as the representative does not unduly interfere with the work being performed
by any employee during working time).
25. Unauthorised
Persons Riding on Vehicles
An employee shall not permit any unauthorised person to
accompany him or her on his or her vehicle, nor permit any such persons to
assist him or her in the delivery of goods, wares, merchandise or material.
26. Limitation of
Driving Hours
The only limitation upon driving hours shall be as provided
by the Motor Traffic Act and regulations thereunder.
27. Mixed Functions
Employees directed by the employer to carry out duties of a
higher grade shall receive the rate applicable to the work for the actual time
so worked and when required to work for more than four hours on such work in
any one day shall be paid as for the whole day's work.
28. Training
Commitment
The parties to this award recognise that in order to
increase efficiency, productivity and the competitiveness of Heggies Bulkhaul
Limited, a greater commitment to training and skill development is encouraged.
Accordingly, Heggies Bulkhaul Limited undertakes to establish a training
committee, within three months of the making of this award, to commence work on
formulating an agreed training plan.
The committee will be comprised of:
the Training Officer;
two staff nominated by management; and
two employees nominated by the employees.
The training committee will address:
the current and future skills needs of the company;
the development of relevant vocational skills through
courses conducted
by accredited institutions;
training providers;
the nature of particular operations.
29. Work Practices
29.1 The parties
acknowledge that the company has the right to allocate plant and work without
preferential treatment towards any person or group.
29.2 The allocation
of plant and work is at the discretion of the company to suit the needs of the
enterprise.
29.3 Any employee
may invoke the grievance procedure if not happy with any action affecting
him/her directly under this clause.
30. Workplace Health
and Safety
30.1 The employer and
employees shall comply with the requirements of the Occupational Health and Safety Act 2000, and any amendment thereof,
and with Regulations made under the said Act.
30.2 Employees shall
ensure all work is performed in a safe and responsible manner.
30.3 An employee who
is supplied with protective equipment or material must wear or use it in such a
way as to achieve the purpose for which it is supplied.
30.4 Employees may
from time to time be required to undertake a health or physical assessment to ensure
that the work requirements or the work environment will not adversely affect
their well-being and to ascertain an employee's capacity for work.
31. Insurance
The employer will take out and maintain a seven-day, 24-hour
insurance policy providing a death cover due to sickness or accident of $20,000
for all permanent employees. The cover
provided shall be subject to the terms and conditions of the policy.
This cover is in addition to workers' compensation,
superannuation or C.T.P. insurances.
Payment will be made by the insurance company subject to the
terms and conditions of the policy.
32. Amenities
32.1 The following
facilities shall be available at all yards and depots where employees are
engaged under the provisions of this award:
(a) Dressing rooms
with washing facilities, including showers with both hot and cold water.
(b) Lockable
clothing lockers.
(c) Where
employees are required to partake of meals at the employer's yard or depot, a
dining room with seating and table accommodation for the partaking of meals,
also facilities for boiling water and heating food.
(d) Lavatory
facilities.
32.2 Employees shall
place all personal belongings in the lockers provided.
32.3 The employer
shall not be responsible for the loss of an employee's property whilst it is
stored in an amenities area.
33. Meals
33.1 There shall be
an unpaid meal break of 30 continuous minutes duration for daytime employees
between the hours of 11.00 a.m. and 2.00 p.m. or for second shift employees a
paid break of 20 minutes between the hours of 5.00 p.m. and 8.00 p.m. each
working day. On weekend work and public holidays all meal breaks shall be paid.
33.2 Employees shall
be entitled to a 15-minute paid crib break on day shift and a 20-minute paid
crib break on the second shift. Crib breaks shall be taken within five hours of
the employees' actual starting time.
33.3 Wherever
possible, such meal breaks are to be taken during stoppages, delays in
loading(s) or unloading(s), or extended queues.
33.4 Employees shall
log all meal and other breaks daily into the vehicle on-board recording system.
33.5 Employees
working overtime shall receive a meal allowance as set out in Item 2 of Table 2
- Other Rates and Allowances, of Part B, Monetary Rates.
34. Youths
34.1 For the purpose
of this award a youth shall mean a person under the age of 21 years.
34.2 A youth may be
employed in any classification for which he/she is qualified.
34.3 The rates of
pay for a youth shall be a percentage of the corresponding adult
classification, dependent upon age:
|
At 18 years of age and under
|
75 per cent
|
|
At 19 years of age
|
85 per cent
|
|
At 20 years of age
|
90 per cent
|
34.4 There is no
ratio of adults to youths.
35. Disputes and Individual
Grievance Procedure
35.1 Subject to the Industrial Relations Act 1996, any
dispute or individual grievance shall be dealt with in the following manner:
35.1.1 In
the event of an individual grievance or industrial dispute, the employee and/or
the representative of the union on the job and the transport supervisor shall
attempt to resolve the matters in issue in the first place.
35.1.2 In
the event of failure to resolve the dispute at job level, the matter shall be
the subject of discussions between an organiser of the union and the transport
manager.
35.1.3 Should
the dispute still remain unresolved, the Secretary of the union or his or her
representative will confer with senior management or their representative.
35.1.4 In
the event of no agreement being reached at this stage, the dispute will be
referred to the Industrial Relations Commission of New South Wales for
resolution or settlement.
35.2 All work shall
continue normally while these procedures are taking place and the status quo
prevailing immediately prior to the commencement of the dispute shall remain.
36. Uniforms and
Safety Apparel
36.1 Where
uniform(s) and safety apparel are provided by the company, the employees are required
to wear such items in accordance with company policy.
36.2 Such uniforms
and safety apparel shall be issued on an annual basis in September and shall
remain the property of the company.
36.3 It will be the
responsibility of the employee to maintain and launder company supplied
uniforms.
37. Transfers
37.1 The company
retains the right to transfer employees, either on a temporary or permanent
basis, to other work or between depots or work locations, to suit the
requirements and needs of the business.
37.2 The company
will give an employee, who is to be transferred permanently to other depots or
work locations, seven days notice.
37.3 The company
will endeavour to canvass fully for volunteers prior to exercising its rights
under this clause.
37.4 A permanent
employee who is required, on a temporary basis, to start work at a place other
than his or her usual yard, depot, garage or other agreed starting place, shall
be in attendance at such place at the time stipulated by the employer ready to
commence work but, for all time reasonably spent in reaching such place in
excess of the time normally spent in travelling from, or returning to, his/her
home to or from his or her usual yard, depot, garage or other agreed starting
place, he or she shall be paid at the ordinary rate (except on Sundays and
holidays when the rate shall be time and one-half) and he or she shall also be
paid any fares reasonably incurred in excess of those normally incurred in
travelling between his or her home and the yard, depot, garage or other agreed
starting place.
37.5 Employees
engaged on work which precludes them from their home at night shall be paid an
allowance specified in Item 3 of Table 2 of Part B, pertaining to accommodation
for the night, including an evening meal, bed and breakfast.
38. Medical
Examinations
38.1 The company
will require any prospective employee to undertake, at company expense, a
medical examination by a qualified and practising medical practitioner,
nominated by the company, prior to the company offering employment.
38.2 Current
employees will be required to undertake medical examinations by a qualified and
practising medical practitioner, nominated by the company, at the company's
request from time to time.
38.3 The employee
will grant authorisation for the results of such examinations to be made
available to the company.
38.4 The results of
any medical examination shall be provided by the company to the employee
concerned.
38.5 Persons considered
unfit for work within their classification may be reclassified to other duties,
provided alternative duties are available, or terminated or retired.
38.6 The results of
all medical examinations made available to the company are to be treated with
strict confidence by the company.
39. Anti-Discrimination
39.1 It is the
intention of the parties to this agreement 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.
Paragraph 2 only applies where the agreement contains a
dispute resolution procedure.
39.2 It follows that
in fulfilling their obligations under the dispute resolution procedure set out
in this agreement the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this agreement 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 agreement which, by
its terms or operation, has a direct or indirect discriminatory effect.
39.3 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.
39.4 Nothing in this
clause is to be taken to affect:
39.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
39.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
39.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination
Act 1977;
39.4.4 a
party to this agreement from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
39.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes:
Employers and employees may also be subject to
Commonwealth anti-discrimination legislation.
Section 56(d) of the Anti-Discrimination Act 1977 provides:
"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."
40. Part-Time
Employees
40.1 Part-time
employees may be employed at the company's discretion.
40.2 The company and
the employee concerned will agree upon the ordinary hours of work, which shall
not be less than 18 hours per week.
40.3 All other
provisions of this award with respect to annual leave, sick leave, shift work,
public holidays and long service leave shall apply to part-time employees.
40.4 All work in
excess of the agreed hours of work per week shall be at overtime rates.
40.5 The company
shall endeavour to ensure that a ratio of four to one permanent employees to
part-time employees shall remain, unless varied by agreement.
41. No Extra Claims
It is a term of this award that the union undertakes not to
pursue unilaterally any extra claims, award or overaward, except when
consistent with the principles of State Wage Cases.
42. Allowances
42.1 The company
will pay each driver/operator a bonus, the amount of which is shown in Item 1
of Table 3 - Bonus Paid Quarterly Where Applicable, of Part B, Monetary Rates,
for their respective classifications each 13 weeks, unless:
42.1.1 the
vehicle under the driver/operator's control is involved in an accident of any
type where the company's safety officer considers the driver/operator is at
fault; or
42.1.2 where
vehicle monitoring equipment indicates that the driver/operator has exceeded
105 kms/hr for more than three minutes on more than ten days per each 13-week
period.
42.1.3 Such
basis for the payment of the above bonus may be varied from time to time by
agreement with the Transport Workers' Union, employees' representative and the
employer.
42.2 A person
appointed to the position of leading hand shall receive the allowance shown in
Item 4 of Table 2 - Other Rates and Allowances, as a flat weekly payment.
42.3 A person
engaged as a driver/operator in the haulage of bulk products by road required
to work overtime in excess of that person's ordinary working hours, shall
receive the meal allowance as shown in Item 2 of Table 2.
42.4 A person appointed
by the employer to perform first-aid duties shall receive the allowance as
shown in Item 1 of Table 2.
43. Definitions
43.1 Bulk Haulage
shall mean, but is not limited to, the cartage by road transport of coal,
quarried materials, grain or other bulk material.
43.2 Double Time
shall mean the employee's ordinary time rate of pay plus 100 per cent.
43.3 Driver shall
mean any person engaged to drive or control any type of vehicle specified in
this award, irrespective of his/her other duties. This definition shall not
exclude other duties (including delivery of goods) ordinarily performed by a
driver.
43.4 Extra Hand
shall mean a person who usually accompanies a driver on a vehicle to assist in
loading, unloading, deliveries, collecting and safeguarding goods, merchandise
and the like transported or to be transported.
43.5 Leading Hand
shall mean an employee who, in addition to his/her other duties, is required to
direct the work and/or conduct, during working hours, of other employees
43.6 Loader shall
mean an employee usually engaged from time to time in the loading or unloading
of any goods, wares, merchandise or materials on to or from any vehicle and
work incidental to such loading and unloading, including supervision of the
work of other employees.
43.7 Ordinary Rate
shall mean the employee's ordinary time rate of pay which he is entitled to
receive for the work performed in ordinary working hours, between 6.30 a.m. and
6.00 p.m.
43.8 Other Agreed
Starting Place shall mean a place, other than the employer's yard, depot or
garage, at which it is agreed between the employer and the employees affected,
such employees will be in attendance at the time or times fixed ready to
commence work in ordinary working hours. Upon such agreement having been reached
between the employer and the employees, as aforesaid, the employer shall
forthwith notify the branch or sub-branch Secretary of the union of the
location of such other agreed starting place.
43.9 Time and One-half
shall mean the employee's ordinary time rate of pay plus 50 per cent.
43.10 Union shall mean
the Transport Workers' Union of Australia, New South Wales Branch.
43.11 Yardperson shall
mean an employee engaged in or about yards, depots or garages, and whose duties
shall include, if required, the washing and greasing of motor vehicles and
other equipment and/or servicing of tyres.
43.12 Year shall mean
the employee's service year.
44. Minimum Term of
Engagement and Termination
44.1 With the exception
of casual employees, employment shall be on a weekly basis.
44.2 Subject to
provisions elsewhere in this award, employment may be terminated by a week's
notice on either side, given at any time during the week or by the payment of
or forfeiture of, as the case may be, an amount equal to one week's wages.
44.3 Notwithstanding
any provisions of 44.2 the company shall have the right to dismiss an employee
without notice for misconduct, neglect of duty, malingering, inefficiency,
pilfering, or being found to be under the influence of alcohol or drugs.
44.4 All employees
are subject to a three-month probationary period and an employee can be
terminated or resign during the probationary period with one day's notice.
44.5 Where an
employee's performance, attendance or attitude to duty is not to the
satisfaction of the company, but the company does not elect to proceed under
44.3 above, the employee shall be counselled and if the employer's
dissatisfaction continues the employee shall be given three separate written
warnings prior to termination.
44.6 Where an
employee has received three warning notices within a three-year period, the
employer will be entitled to terminate the employment of that employee at the
time of issuing any further notice.
44.7 An employee
with more than six months service on resignation or termination shall be given,
if requested, a certificate of service stating the length and nature of the
service with the company.
44.8 The employer
may instruct an employee to carry out such duties as are within the limits of
the employee's competence, skill and training consistent with the
classification structure within this award.
44.9 Employees on
commencement will be issued with a transport operator/driver handbook which
will be signed for. Employees are to make themselves familiar with the
requirements of the handbook. Failure to observe the provisions in the handbook
may lead to dismissal.
44.10 Employees shall
ensure that at the end of each working day or shift the vehicle monitoring system
is to be "down-loaded" and the vehicle fuelled, cleaned and serviced
for the next day or shift.
44.11 Employees who
falsify information on employment forms, or are apprehended for theft, licence
disqualification or found to be using drugs, alcohol or other prohibited
substances while at work, shall be instantly dismissed.
44.12 The company
reserves the right to stand down without pay for the day any employee who shows
a positive result to a random test for alcohol or prohibited substances.
44.13 The company
reserves the right to stand down without pay to a maximum of three days, any
driver/operator involved in a motor vehicle accident until such time as the
company safety officer completes an investigation into the accident, provided
that the driver/operator may seek redress through clause 35, Disputes and
Individual Grievance Procedure.
44.14 Employees who
have a history of being stood down due to positive results of tests for alcohol
or prohibited substances will be counselled and may be dismissed.
44.15 Employees who
are in charge of motor vehicles are responsible for ensuring that the vehicle
is clean and tidy, that all specified pre-work checks are performed and are to
carry out roadside repairs on the vehicle, provided they are competent to carry
out such repairs as authorised by the employer.
44.16 The company
reserves the right to reclassify any employee it deems fit to do so. Provided
that where the employee is dissatisfied with the reclassification the employee
may seek redress through clause 35, Disputes and Individual Grievance
Procedure.
44.17 It is the
responsibility of the employee to notify the company immediately of any loss of
licence points. Failure or repeated failure to do so may lead to dismissal.
44.18 Employees are to
exercise care in ensuring that loading limits imposed by the employer are not
exceeded.
44.19 If the company's
work declines and there is a need for reductions in staff, redundancies shall
first be identified by the canvassing of volunteers. Where insufficient
volunteers are forthcoming, redundancies shall be determined by the company,
having regard to the relative merits, abilities and length of service of
employees in conjunction with the operational requirements of the company.
44.20 In recommending
persons to the company to undertake training programs, the training committee
shall take into account the relative merits, abilities and length of service of
employees.
44.21 Employees who
consistently fail to co-operate with either the training officer and/or the
trainer/driver or disregard any reasonable requests or instructions of either,
may be reprimanded, demoted or terminated at the discretion of management.
45. Area, Incidence
and Duration
45.1 This award
shall apply to the employment by Heggies Bulkhaul Limited of employees engaged
at Narellan, Appin and Springhill in New South Wales in the classifications
prescribed under this award in the employer's road transport bulk haulage
operations.
45.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Heggies
Bulkhaul Limited Bulk Haulage Enterprise Award published on 17 March 1995 (284
IG 655), as varied.
45.3 The award published
17 March 1995 took effect from the beginning of the first pay period to
commence on or after 22 September 1994
45.4 The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and principle
26 of the Principles for Review of Awards made by the Industrial Relations
Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on
2 August 2001.
45.3 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Wage Rates
|
Classification
|
$ per week
|
|
|
From 1st July, 2001
|
|
Transport Operator Grade 3
|
544.06
|
|
Transport Operator Grade 5
|
582.82
|
|
Transport Operator Grade 7
|
613.70
|
|
Transport Operator Grade 8
|
657.55
|
Table 2 - Other Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Rate
|
|
|
|
|
$
|
|
1
|
20.2
|
First-aid Allowance
|
1.66 per day
|
|
|
42.4
|
|
|
|
2
|
33.5
|
Meal Allowance
|
10.26 per day
|
|
|
42.3
|
|
|
|
3
|
37.5
|
Overnight
|
30.00 per day
|
|
4
|
42.2
|
Leading Hand
|
24.77 per week
|
Table 3 - Bonus Paid Quarterly Where Applicable
|
Item No.
|
Clause No.
|
Brief Description
|
Rate
|
|
|
|
|
$
|
|
1
|
42.1
|
Bonus Payment
|
122.74
|
F. MARKS J.
____________________
Printed by
the authority of the Industrial Registrar.