THE FERNZ MINERALS BANKSMEADOW SITE ENTERPRISE CONSENT AWARD 2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC1028 of 2001)
|
Before Mr Deputy
President Sams
|
21 May 2001
|
REVIEWED
AWARD
Contents
1.0 Preliminary
1.1 Parties to
Agreement
1.2 Date and
Period of Operation
1.3 Aims and
Objectives of Agreement
1.4 Work
Flexibility
1.5 Site
Consultative Committee
1.6 Measures
of Performance
1.7 Definitions
2.0 Remuneration
2.1 Wages
2.2 Allowances
2.2.1 Leading
Hand
2.2.2 Chargehand
Allowance
2.2.3 Shift
Allowance
2.2.4 Forklift
Drivers Allowance
2.2.5 Callin
Allowance
2.2.6 Dust Money
Allowance
2.3 Indexation
of Allowances
2.4 Service
Payments
2.5 First Aid
3.0 Terms and Conditions of Employment
3.1 Contract
of Employment
3.2 Payment of
Wages and Allowances
3.3 Hours of
Work
3.4 Meal Times
3.5 Meal Money
3.6 Reasonable
Overtime
3.7 Casual
Employees
3.8 Rostered
Days Off
3.9 Mixed
Functions
4.0 Leave
4.1 Annual
Leave
4.2 Sick Leave
4.3 Long
Service Leave
4.4 Bereavement
Leave
4.5 Public
Holidays
4.6 Personal Carers
Leave
4.7 Jury
Service
4.8 Annual
Shutdowns
4.9 Discretionary
Leave
5.0 Other Provisions
5.1 Protective
Clothing
5.2 Accident
Pay
5.3 Safety
Training
5.4 Termination
of Employment
5.5 Confidentiality
5.6 Grievance
& Dispute Resolution
5.7 Workplace
Health & Safety
5.8 Abandonment
of Employment
5.9 Disciplinary
Action
5.10 Redundancy
5.11 Equal
Employment Opportunity
5.12 Anti-Discrimination
1.0 Preliminary
1.1 Parties to Agreement
(a) The parties to
this Agreement are:
(i) Fernz Minerals
a Division of Fernz Australia Ltd
(ii) All employees
of Fernz Minerals engaged in the production warehousing activities at Fernz
Minerals Banksmeadow site who are members or eligible to be members of the
Australian Workers Union
1.2 Date and Period of Operation
(a) 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 Award made by the Industrial
Relations Commission of the New South Wales on 18 December 1998 (308 IG 307)
take effect on and from 21 May 2001 and shall remain in force until varied or
rescinded.
(b) This award
replaces the Fernz Minerals Banksmeadow Site Enterprise Consent Award 2000
published 10 November 2000 (320 I.G 119).
The award published on 10 November 2000 took effect from 4 February 2000
and remained force until 30 June 2001.
(c) The parties
agree to begin negotiation on a new award no later than three (3) months prior
to the termination date of this award.
1.3 Aim and Objectives of Agreement
(a) The parties to
this Agreement recognise that Fernz Minerals must achieve real and sustained
improvements by embracing a philosophy of continuous improvement. The aim is to become a competitive
manufacturing site with continually improving levels of customer satisfaction,
employee satisfaction, product quality and productivity.
(b) The parties
agree to demonstrate commitment to the achievement of the aims and objectives
of this Agreement.
(c) A key
component of this Agreement is to provide an appropriate framework to develop a
flexible workforce.
1.4 Work Flexibility
(a) Work
flexibility is a key factor to the achievement of the aims of this Agreement,
in order to achieve an internationally competitive and responsive Company based
on satisfying customer’s needs.
(b) Employees
shall undertake and perform functions and duties for which they are suitably
trained, including work incidental or peripheral to their primary work tasks or
functions. There shall be full labour
mobility across all departments and areas.
(c) All employees
retain the right of refusal to undertake work on the grounds of safety as
defined in clause 5.7.
(d) In addition to
the normal management system the Agreement’s Site Consultative Committee clause
1.5 and Grievance and Dispute Resolution Procedure clause 5.6 provides suitable
avenues for all employees to raise any concerns over changes in work functions
or flexibility.
1.5 Site Consultative Committee
(a) A Site
Consultative Committee shall be formed to monitor the implementation and
continuing successful operation of this Agreement. The Consultative Committee shall comprise management and employee
representatives and represent a forum for open discussion and decision making
between parties to this Agreement.
(b) The Site
Consultative Committee shall comprise proportionate employee representatives
from the parties to this Agreement, normally comprising one (1) member from the
AWU, although other personnel may be invited to attend Committee meetings.
(c) The Site
Consultative Committee shall meet on a bi-monthly basis, although additional
meetings may be held on an as required basis to address major issues that may
impact on the operation of this Agreement.
Chairman of the meeting shall rotate between members of the Consultative
Committee. Written minutes of each
meeting shall be recorded and distributed to committee members and site
noticeboards.
(d) The Site
Consultative Committee shall address a broad range of operational and personnel
matters related to the operation of this Site Agreement, particularly those
that contribute to the efficiency and productivity of the Company’s operations. Issues to be addressed by the committee
shall include but not be limited to:
• Introduction
of new technology, procedures and programs, classification, coverage and hours
of work as well as associated employee training needs.
• Implications
of external decisions on the Company and its employees.
• Changes in
work functions and duties to increase the flexibility and productivity of the
Company’s operation.
• Review of job
descriptions and classifications.
• Employee’s
work environment.
• Total Quality
Management.
• Normal industrial
relations matters should be initially directed through the Grievance and
Dispute Resolution Procedure clause 5.6 and safety issues through the Site
Safety Committee.
1.6 Measures of Performance
• A number of performance
indicators will be established, in consultation with employees, which will
provide a reliable and accurate means of monitoring improvement in productivity
and efficiency. It is agreed that the
indicators may be selected from areas that may include, but not limited to
• manufacturing
cost
• consumable
usage
• labour cost
• waste
reduction
• absenteeism
• health and
safety.
1.7 Definitions
Award: Refers to the Fernz Minerals
Banksmeadow Site Enterprise Award
Company: The Company refers to Fernz
AWU: Australian Workers Union, New South Wales
2.0 Remuneration
2.1 Wages
(a) All permanent
employees shall be paid weekly in accordance with the following prescribed
amounts. All amounts are based on a
thirty eight (38) hour week.
(b) Process
Personnel Amounts per Week
Day Shift Personnel
Grade 1 $490.30
Grade 2 $500.70
Grade 3 $527.35
Grade 4 $550.85
Shift Personnel
Grade 1 $490.30
Grade 2 $500.70
Grade 3 $527.35
Grade 4 $550.85
(c) On the
anniversary of this agreement, 1 July 2002, the prescribed amounts in (b) will
be increased by a factor of 3% and these amounts will remain in force until the
expiry of this agreement.
2.2 Allowances
2.2.1 Leading Hand
In addition to amounts prescribed in 2.1, employees
appointed to the position of Leading Hand shall be paid a Leading Hand
Allowance of $17.20 per week. The
appointment to the position of Leading Hand shall be based on merit and at the
discretion of the Company. The Leading
Hand Allowance shall be added to the amount in 2.1 for the purpose of
calculation of an employees ordinary hourly rate.
2.2.2 Chargehand Allowance
In addition to amounts prescribed in 2.1, employees
appointed to the position of Chargehand shall be paid a Chargehand Allowance of
thirty six dollars seventy cents ($36.70) per week for Grade 1. The appointment
to the position of Chargehand shall be based on merit and at the discretion of
the Company. The Chargehand Allowance
shall be added to the amount in 2.1 for the purpose of calculation of an
employees ordinary hourly rate.
2.2.3 Shift Allowance
(a) Shift
personnel shall be paid the following Shift Allowances.
Afternoon Shift: Fifteen percent (15%) of base
hourly rate.
Night Shift: Twenty percent (20%) of base hourly
rate.
2.2.4 Forklift Drivers Allowance
(a) Permanent
Employees that hold a current Workcover licence to operate a Forklift shall be
paid a Forklift Allowance of six dollars fifty cents ($6.25) per week. Forklift licence holders shall always
operate forklifts in a responsible manner and ensure that forklifts are
maintained in good operating condition when being operated by personnel as part
of their work function.
2.2.5 Call-in Allowance
Permanent employee recalled back to work overtime or to
change shift shall be paid a Call-in Allowance of eight dollars fifty cents
($8.15), provided the employee was not notified prior to leaving the site.
2.2.6 Dust Money Allowance
Permanent employees engaged to work in the Perlite and
Vermiculite Plant shall be paid a Dust Money Allowance of one dollar fifty
cents ($1.40) per eight-hour period.
2.3 Indexation of Allowances
Meal money, First Aid Allowance, Call in Allowance,
Dust Money Allowance, and Forklift Allowance shall not be indexed.
2.4 Service Payments
(a) Permanent employees
shall be paid each December a Service Payment as defined below based on length
of service:
|
Length of Service
|
Payment
|
|
1 year
|
Nil
|
|
2 to 3 years
|
$42.50
|
|
3 to 5 years
|
$85.00
|
|
5 to 10 years
|
$170.00
|
|
10 to 20 years
|
$340.00
|
|
20 years +
|
$680.00
|
(b) Service
Payments shall only be paid to eligible permanent employees who are on the
Company’s payroll at the time of payment in December.
(c) No pro-rata
payment of Service Payments shall be made on termination.
2.5 First Aid
Permanent employees holding a current First Aid
Certificate from St. John’s Ambulance or other Company recognised authority,
shall be paid a weekly allowance of eight dollars seventy-five cents ($8.00) if
he or she is appointed by the company to perform first aid duty.
3.0 Terms and
Conditions of Employment
3.1 Contract of
Employment
(a) Employees
shall be employed for the first three (3) months as a probation period on a day
by day basis based on hourly rates including any relevant loadings and
allowances. Employees during the three
(3) month period may be terminated by a days notice from either party. Past permanent employees re-employed within
twelve (12) months shall not be required to undertake another 3 month
probationary period. The probationary
period shall be considered to represent service with the Company.
(b) After the
three (3) months probationary period, employment shall be on a week by week
basis. Employment may be terminated by
a week’s notice by either party, or by the payment or forfeiture of one week’s
wages in lieu of notice.
(c) Nothing in
this Agreement shall affect the right of the Company to dismiss an employee
without notice for malingering, inefficiency, neglect of duty or
misconduct. In such case wages shall be
paid up to the time of dismissal only.
Casual employees shall be engaged on a hourly basis and
employment may be terminated by either party on an hours notice.
3.2 Payment of Wages & Allowances
(a) All employee
wages and allowances shall be paid weekly each Thursday by electronic funds
transfer to a bank account nominated by employees. This clause shall not apply where it is not reasonably
practicable for the Company to comply, due to circumstances beyond its direct
control.
(b) In the event
wages fail to be deposited into employee accounts by the above time, the
Company shall endeavour to make alternative arrangements for payment or part
payment of wages for personnel where late payment presents personal difficulty
or hardship.
(c) The weekly pay
period shall close two days prior to payment of wages.
(d) On or prior to
the payday the Company shall supply each employee a payslip with details of
gross amount of wages including overtime, allowances, and other earnings,
details of ordinary hours, overtime hours, leave, amounts deducted for tax, any
other deductions and net amount paid.
3.3 Hours of Work
(a) Day Employees
Permanent employees shall be entitled to thirteen (13)
rostered days off per year, to give an average hours worked of thirty eight
(38) hours per week, which shall be used to calculate the employee’s hourly
rate.
Permanent employee ordinary hours of work shall not
exceed forty (40) ordinary hours per week or one thousand nine hundred and
seven six (1,976) ordinary hours per year.
Hours worked shall be eight (8) hours per day Monday to Friday
inclusively between the hours of 0600 hours and 1800 hours. Shift starting times may be altered through
agreement between the Company and employees, such agreement shall not be
unreasonably withheld.
Employees shall be entitled to a ten (10) hour break
between shifts or standard hours worked.
Overtime rates shall be paid if the employee is required to work within
the ten (10) hour period, until the ten (10) hour period has elapsed.
(b) Shift
Employees
Shift employees shall work either an eight (8) or a
twelve (12) hour shift roster. The
relevant hours of work conditions are defined in clauses 3.3 (c).
(c) 8 Hour Shift
Employees
Permanent eight (8) hour shift employees shall be
entitled to thirteen (13) rostered days off per year, to give an average hours
worked of thirty eight (38) hours per week, which shall be used to calculate
the employee’s hourly rate.
Permanent eight (8) hour shift employee ordinary hours
of work shall not exceed forty (40) hours per week or one thousand nine hundred
and seventy six (1,976) hours per year.
Hours worked shall be eight (8) hours per day Monday to Friday
inclusively on a roster of day, afternoon and night shifts or any combination
of the shifts. Shift hours typically
will commence at 0630 hours for dayshift, 1430 hours for afternoon shift and
2230 hours for night shift. Shift
starting times may be altered through agreement between the Company and
employees, such agreement shall not be unreasonably withheld.
The Company shall whenever possible provide reasonable
notice for the requirement for permanent eight (8) hour shift employees to work
night shift on a non permanent basis. In response employees shall endeavour to
provide reasonable notice of their availability. In the event the required
shift coverage cannot be achieved, the matter shall be resolved through the
Dispute Resolution Procedure.
Employees shall be entitled to a ten (10) hour break
between shifts or standard hours worked.
Overtime rates shall be paid if the employee works within the ten (10)
hour period, until the ten (10) hour period has elapsed.
3.4 Meal Times
(a) Employees
other than Shift personnel, shall be entitled to an unpaid meal break of 30
minutes per day. Meal times may be staggered or varied to avoid disruption to
operations.
(b) Employees
working in excess of two (2) hours overtime following the normal completion of
their work hours shall be entitled to a twenty (20) minute paid meal break
prior to commencement of the overtime and a further twenty (20) minute paid
meal break for each additional four (4) hours of overtime worked. Meal money clause 3.6 applies.
(c) Shift
personnel shall take meal breaks as appropriate, during the normal course of
their work to avoid disruption to plant operations.
(d) Employees
shall not work longer than five hours without a meal break.
(e) Employees
shall be allowed a twenty (20) minute paid crib break per eight (8) hours worked. Crib breaks may be staggered or altered to
avoid disruption to operations.
3.5 Meal Money
(a) Employees
shall be entitled to the payment of tea money of seven dollars twenty cents
($7.20) if working in excess of two (2) hours overtime, if having received less
than twenty four (24) hours notice of requirement to work overtime or of change
of rostered shift. Second tea money
shall be paid if working in excess of six (6) hours overtime and a third tea
money for work in excess of ten (10) hours.
(b) No employee
shall work longer than five hours without a break for a meal.
3.6 Reasonable Overtime
(a) Employees
shall undertake reasonable overtime as requested by the Company to provide
coverage of production requirements and to ensure the continuous nature of the
site’s operations are maintained. Where
at all possible, overtime should be on a voluntary basis although overtime may
be rostered.
(b) All hours
worked outside of normal shift times will be paid at the rate of double time at
base rate.
3.7 Casual Employees
(a) Casual
employees shall be employed on an hourly basis.
(b) Casual
employees engaged for process work shall be paid a casual loading of twenty
four percent (24%) on the appropriate remuneration grade rate for the primary
function employed. (This loading includes the loading in lieu of annual leave).
3.8 Rostered Days Off
Permanent employees other than 12 Hour Shift and
Continuous Shift personnel shall be entitled to thirteen (13) rostered days off
per year. Personnel required to work
their rostered day off shall be paid at the rate of double time. Notwithstanding the above the Company
reserves the right to change rostered days off.
3.9 Mixed Functions
An employee required to perform work carrying a higher rate
than his ordinary classification or rate of pay for more than two (2) hours per
day shall be paid at the higher rate for the whole shift.
An employee required to perform work carrying a higher
rate than his ordinary classification or rate of pay for more than one (1) hour
but less than two (2) hours per day shall be paid at the higher rate for the
period so engaged.
An employee required to perform work normally carrying
a lower rate than his normal classification or pay rate shall not suffer any
consequence thereof whilst retaining such classification.
4.0 Leave
4.1 Annual Leave
(a) The provisions
of the New South Wales Annual Holiday Act
1944 as amended shall apply, modified as follows.
(b) Permanent non-continuous
shift personnel shall be entitled to one hundred and fifty two (152) hours
Annual Leave.
(c) Annual Leave
shall accrue from the 1st January each year.
Employees commencing after that date shall receive pro-rata entitlement.
(d) Permanent employees
other than continuous shift personnel shall be paid a leave loading of
seventeen and a half percent (17.5%) of the relevant ordinary rate of pay for
the prescribed period of Annual Leave.
(e) The leave
loading prescribed above shall not apply to proportionate payment of leave on
termination of employment with the Company.
4.2 Sick Leave
(a) Permanent
employees after three (3) months continuous service, who are absent from
employment on the account of personal illness or injury, shall be entitled to
paid leave of absence subject to the following conditions.
(b) In the event
of personal illness or injury where the employee shall be absent from
employment, the employee shall notify the Company as soon as practicable but no
later than twenty four (24) hours after the commencement of the absence. Where at all possible notification should be
prior to the normal commencement of their work, to allow the Company to make
alternative arrangements for the coverage where necessary.
(c) The employee
shall as far as practicable state the nature of the illness or injury, whether
injury is work related and the estimated duration of the absence.
(d) On request the
employee shall prove to the satisfaction of the Company, by the production of a
medical certificate or other satisfactory evidence, that the absence for which
sick leave payment is being claimed was on account of personal illness or
injury. Absence of more than two
consecutive work days, requires the production of suitable documentation.
(e) Permanent
employee shall be entitled to a maximum of forty eight (48) hours paid sick
leave in the first year of continuous service, increasing to ninety six (96)
hours in the second and subsequent years of continuous service. An employee off due to personal illness or
injury prior to the completion of three (3) months service may apply for a
maximum of twenty four (24) hours sick leave provided the leave is supported by
a doctor’s certificate.
4.3 Long Service Leave
(a) The provisions
of the New South Wales Long Service Leave
Act 1955 as amended shall apply.
4.4 Bereavement Leave
(a) An employee
other than a casual employee shall be entitled to a maximum of three (3) days
leave of absence on each occasion of satisfactory evidence of death of the employee’s
spouse, de-facto spouse, father, step-father, mother, step-mother, brother,
step-brother, sister, step-sister, child, step-child, grandfather, grandmother,
father-in-law, mother-in-law, brother-in-law, sister-in-law and subject also to
the conditions below.
(b) In the case of
bereavement leave requested in the case of the death of a de-facto spouse,
adequate proof of the de-facto relationship including residence at a common
address during a reasonable period immediately preceding decease, shall be
provided to the Company and a Statutory Declaration to this effect shall also
be provided.
(c) Bereavement
leave shall be paid at ordinary base hourly rates.
(d) Bereavement
leave shall not extend any period of annual leave, long service leave or any other
period of leave that the employee may be taking at that time.
4.5 Public Holidays
(a) The following
shall be recognised Public Holidays for permanent employees, except for non
continuous shift personnel when such holidays fall on a Saturday or Sunday:
(b) New Year’s
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen’s Birthday, Eight Hour Day, Christmas Day, Boxing Day or any other
gazetted Public Holidays by the New South Wales Government applicable to the
Banksmeadow area, observed by the State, together with the Picnic Day of the
relevant employee’s Union, provided the employee is a financial member of the
particular Union.
(c) To avoid
disruption to operations, an employee’s Picnic Day may be rostered by agreement
between the Company and the Union to another date nominated prior to the
designated Picnic Day. In such cases
the employee shall be paid at the employee’s normal rate of pay.
(d) An employee
absent from his employment on the working day prior to or after a Public
Holiday, without reasonable excuse or without the Company’s consent, shall not
be entitled to payment for such holiday.
(e) Casual and
permanent employees shall be paid at the rate of double time and a half for
work on a Public Holiday. Permanent
employees off on a Public Holiday shall be paid one days pay at ordinary hourly
rates for each Public Holiday.
(f) Employees
required to work on a Public Holiday shall be paid a minimum of four (4) hours
at double time and a half ordinary hourly rates.
Annual Leave and Long Service Leave shall be extended
by one day for each Public Holiday that the employee would normally be rostered
to work, that falls within the period of Annual or Long Service Leave.
4.6 Personal Carers Leave
(i) Use of Sick
Leave
(a) An employee
other than a casual employee, with responsibilities in relation to a class of
person set out in (c)(2) 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 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 employees
shall, if required, establish 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:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) the person
concerned being:
(i) a spouse of
the employee; or
(ii) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(a) "relative"
means a person related by blood, marriage or affinity;
(b) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(c) "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 their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
(ii) Unpaid Leave for
Family Purposes
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 (c)(2) above who is ill.
(iii) 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) above, 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.
(iv) Make Up Time
(a) An employee
may elect, with the consent of the employer, to work "make up time",
under which the employee tasks time off during 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 an
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.
4.7 Jury Service
(a) An employee
shall notify the Company as soon as possible on formal notification of
requirement to attend court for jury service. The employee shall provide documentary proof of attendance,
duration and amount received in respect of such jury service. The Company shall on presentation of above,
make up the difference between jury service payment and the employee’s ordinary
base wage.
(b) In the event
an employee is not required to serve jury service after presenting for court,
the employee shall return to work at the earliest possible convenience. It may be that only part of a day is
required for jury obligations.
(c) Jury service
shall not extend any period of annual leave, long service leave or any other
period of leave that the employee may be taking at that time.
4.8 Annual Shutdowns
(a) The Company reserves
the right to nominate one period per year for the shutdown of plants for
maintenance purposes. Provided one (1)
months notice of such shutdown is given, employee may be required to take
Annual Leave.
4.9 Discretionary Leave
(a) In
circumstances of genuine need or hardship, employees may request additional
leave from the Company. Such leave
shall be at the discretion of the Company, as to whether it is paid or unpaid
leave.
5.0 Other Provisions
5.1 Protective Clothing
(a) The Company
shall supply to all employees protective clothing and additional safety
equipment suitable for the safe performance of employee duties. The employee shall wear the specified
protective clothing and safety equipment.
(b) Protective
clothing and other equipment issued to employees shall remain the property of
the Company at all times. The employee
shall take all reasonable care and responsibility for the maintenance of
clothing and equipment issued to them.
(c) Employees
shall return all protective clothing and equipment issued on termination of
employment. The Company may deduct
reasonable costs considering the age and condition of protective clothing or
equipment from an employees final wages in the event such equipment is not
returned to the Company.
5.2 Accident Pay
The provisions of the New South Wales Workers Compensation Act, as amended shall apply.
5.3 Safety Training
(a) All permanent
employees shall in the first twelve (12) months of employment attend
safety-training sessions. Thereafter
employees shall attend the full course of safety training sessions at least
once every three (3) years. The Company
agrees to minimise the amount of overtime necessary to attend the sessions.
5.4 Termination of Employment
(a) Termination of
employment by the Company shall not be harsh, unjust or unreasonable. Termination may be made without notice in
the event of gross misconduct or with notice in the event of disciplinary
action taken under clause 5.9.
Prior to any termination the employee shall be formally
advised that his/her actions or performance are unacceptable to the company and
they then be given the opportunity to give reason(s) why the company should not
terminate their employment contract.
5.5 Confidentiality
(a) All employees
are required to keep information about the operation and business of the
Company confidential. Disclosure of
information shall only be made with the express consent of the Company.
5.6 Grievance & Dispute Resolution
Procedure
(a) It is in the
interests of all parties that grievances and disputes are resolved speedily and
effectively without recourse to industrial action, avoiding disruption to
operations and potential loss of employee wages. The following procedure is intended to facilitate the resolution
of grievance and disputes informally at the lowest level of direct contact
possible. All work shall continue
without any bans or limitations being imposed whilst the grievance and dispute
resolution procedure is being implemented.
(b) In the event
of a grievance or dispute the following stages shall be followed as speedily as
practicable allowing reasonable time for sensible discussion at each stage,
with the aim of resolving the grievance or dispute through conciliation at the
lowest level possible.
Stage
1 The employee shall raise and
discuss the issue with his/her immediate Supervisor. All attempts should be made to resolve the issue at this level
avoiding the direct involvement of Delegates or Management.
Stage
2 If the matter cannot be
resolved at Stage 1, the employee or Supervisor shall raise the issue with the
Operations Manager. A meeting between
the employee, Supervisor, Manager and any other relevant personnel shall then
be organised.
Stage
3 If the matter cannot be
resolved at Stage 2, a meeting between the employee, Delegate and Operations
Manager shall be organised to resolve this matter. At this stage the Delegate
may wish to refer the matter to the respective Industrial Organisation
Organiser or Industrial Advocate for advice or intervention prior to reconvening
a further meeting. Similarly the
Company’s representative may seek further advice from the Company’s General
Manager or other source, in an attempt to resolve the matter in house.
Stage
4 If the matter is still not
resolved, it may be referred by either party to the Industrial Relations
Commission of New South Wales in order for the Industrial Relations Commission
to exercise its function under the Industrial
Relations Act, 1996.
(c) Employees may
elect to involve their respective Delegate at any stage of the grievance and
dispute resolution procedure, however in the interests of the speedy resolution
of matters it is preferable that Delegates should only become directly involved
at Stage 3 of the above procedure.
No party in a dispute shall be prejudiced by the
continuation of normal operations whilst the grievance and dispute resolution
procedures are being followed.
5.7 Workplace Health and
Safety
(a) The Company
and employees shall comply with the requirements of the Occupational Health and Safety Act 1983, as amended and with
Regulations made under the Act.
(b) Employees
shall ensure all work is performed in a safe and responsible manner, with
particular attention to the maintenance of housekeeping standards.
(c) The Company
shall supply protective equipment or material deemed necessary to perform in a
safe manner such task required of employees.
All employees shall maintain protective equipment or materials supplied
by the Company in good working conditions.
All issues of protective equipment or materials remains the property of
the Company.
(d) All employees
retain the right to refuse to undertake work on the grounds of safety
concerns. In such cases the Company’s
refusal to work on the grounds of safety procedure, shall apply.
5.8 Abandonment of Employment
(a) An employee
absent from work for a period of more than two (2) days without the consent of
the Company or without notification to the Company, shall have deemed to have
abandoned his/her employment with the Company and shall be terminated without
notice.
(b) Notwithstanding
the above clause 5.8 (a), reinstatement of employment will be considered in the
event that the employee is physically unable to provide notification to the
Company.
5.9 Disciplinary Action
(a) In the event
that an employee’s performance or actions are deemed to be unsatisfactory the
employee’s immediate Supervisor or Manager should initially counsel the
employee, clearly stating those actions or aspects of his/her performance that
is deemed as unsatisfactory and also what standard is expected of the
employee. The employee and Supervisor
or Manager should agree where appropriate a suitable performance review period. A written record may be kept of the
counselling session.
(b) In the event
that the employee’s performance or actions continues to be unacceptable and/or
fails to respond to the initial counselling the employee shall be subject to a
formal interview. The formal interview
process is outlined below.
(i) The employee
shall be notified that he/she shall be given a formal interview and the reason
for the interview. The employee shall
also be given the opportunity to have another employee or delegate present at
the interview.
(ii) The formal
interview shall be attended by the employee, a co-employee (if requested by the
employee), the employee’s Supervisor or Manager and other personnel as deemed
appropriate i.e. Operations Manager or other employees.
(iii) The reason
for the interview should be clearly stated at the commencement of the
interview, after which the employee shall be given the opportunity to
respond. The employee shall then be
advised of what actions are to be taken and a time or period set to review the
employee’s performance.
(iv) A written record
of the interview shall be taken. All
personnel present at the interview should then sign the record of
interview. Signature does not
necessarily represent personal agreement with the reasons or actions taken in
the interview but rather the document represents a fair and reasonable summary
of the interview. Copies of the record
of interview shall be given to all parties that have signed, the employee’s
Manager and the General Manager.
(c) Further formal
interviews may be held if the employee’s performance or actions remain of an
unsatisfactory nature. In the event of
an employee’s second formal interview the employee shall be advised that
continued poor performance necessitating a further formal interview may result
in the employee’s dismissal.
(d) The degree or
extent of action(s) taken during formal interview shall be commensurate with
the level of the employee’s unsatisfactory performance and the number of
interviews. Such actions may include
but shall not necessarily be limited to temporary removal of Leading Hand
Allowance, the demotion of grading, the change of shift, temporary suspension
and ultimately dismissal.
5.10 Redundancy
(a) Redundancy
will occur when the Company has made a definitive decision that it can no
longer find suitable work for an employee and this decision results in the
requirement to terminate the employment of an employee.
(b) In the event
of the redundancy of an employee the following notice of termination will be
provided or payment in lieu of notice:
|
Period of
Continuous Service
|
Period of Notice
|
|
Less than 1 year
|
1 week
|
|
1 to 2 years
|
2 weeks
|
|
2 to 3 years
|
3 weeks
|
|
Greater than 3 years
|
4 weeks
|
|
Employee aged 45
years or over
|
5 weeks
|
(c) An employee whose
employment is terminated due to redundancy shall be entitled to the following
severance payment related to years of completed continuous service:
|
Period of
Continuous Service
|
Weeks of Severance Pay
|
|
1 to 13 completed years
|
3 weeks per year of
service
|
The Company’s liability in respect of this clause will
be a maximum of thirty nine (39) weeks severance pay irrespective of the length
of service of an employee.
The Company shall not be liable for the payment of
severance pay as provided under clause 5.10 (c), if the Company offers the
employee alternative permanent work on site for which the employee is competent
to perform.
5.11 Equal Employment Opportunity
Fernz is committed to Equal Employment Opportunity,
which results from a workplace free of unlawful discrimination. Managers and Supervisors will be responsible
for the implementation of this policy in their work area.
In accordance with the applicable anti-discrimination legislation
all potential and current employees will be treated equally in respect of:
|
Recruitment Processes
Employment Contracts
Training Opportunities
Promotion
|
Transfer
Termination
Union Membership
|
In accordance with the applicable anti-discrimination
legislation all people, regardless of:
|
Age
Marital Status
Gender
Religion
Ethnic or National Origin
Ethical Beliefs
Colour
|
Race
Employment Status
Disability (including illness)
Sexual Orientation
Political Opinion
Family Status
Employee Representation
|
will have an equal opportunity to gain any benefit
derived from employment with Fernz.
It is the management’s responsibility to:
• Make
employees aware of inappropriate and/or unacceptable standards of behaviour at
work.
Signatures
Signed for and on Behalf of:
Fernz Minerals Banksmeadow Site
In the Presence of: ) Signed By:
)
)
)
Dated: )
Signed for and on Behalf of
)
Australian Workers Union
)
In the Presence of: ) Signed By:
)
)
)
Dated: )
5.12 Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
P. J.
SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.