DARACON ENGINEERING PTY LTD - NEWCASTLE BHP STEELWORKS ENTERPRISE CONSENT AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1005 of 2001)

 

 

REVIEWED AWARD

 

CONTENTS

 

Clause No.          Subject Matter

 

1.         Title

2.         Parties Bound

3.         Commitment and Objectives

3.1        Commitment

3.2        Objectives

4.         Application

5.         Period of Operation

6.         Contract of Employment

6.1        Status

6.2        Casual

6.3        Obligations and Rights

6.4        Shift Work

7.         Hours of Work

7.1        Ordinary Hours

7.2        Overtime

7.3        Meals

8.         Leave and Holidays

8.1        Annual Leave

8.2        Annual Leave Loading

8.3        Absenteeism/Sick Leave

8.4        Public Holidays

8.5        Carer's Leave

9.         Classification Disputes

9.1        Procedure

9.2        Definitions

9A.      Anti-Discrimination

10.       No Extra Claims

11.       Pay Entitlements

11.1      Wage Rate Definitions

11.2      Additional Increases

11.3      No Reduction Clause

11.4      Fares and Travelling

11.5      Company Vehicles

12.       Measures to Achieve Gains

12.1      Rostered Days Off

12.2      Inclement Weather

12.3      Supplementary Labour

12.4      Electronic Transfer of Wages

13.       Redundancy

14.       Superannuation

15.       Resolving Claims, Issues and Disputes

15.1      Impact of Principal Industrial Disputes

16.       Disciplinary Policy

16.1      Objectives

16.2      Stages

16.3      Instant Dismissal

16.4      Repetition after Lapse of Warning

16.5      Degrees of Discipline

17.       Signatories

 

Appendix A - Table of Wage Rates

Appendix B - Wages Translation Structure

Attachment 1 - Industrial Incident Report

Attachment 2 - Record of Disciplinary Action

 

1.  Title

 

This Consent Award shall be known as: Daracon Engineering Pty Ltd - Newcastle BHP Steelworks Enterprise Consent Award.

 

The short title of this Consent Award shall be: Daracon BHP Newcastle Enterprise Consent Award.

 

Daracon Engineering Pty Ltd shall be referred to as "Daracon Group" or "the Company".

 

2.  Parties Bound

 

The parties to this Consent Award are:

 

(a)        All employees of Daracon Engineering Pty Ltd, whether members of the organisation of employees listed in this clause or not, engaged from time to time in any of the occupations or classifications provided for in this Consent Award; and

 

(b)        The Australian Workers' Union, New South Wales.

 

3.  Commitment and Objectives

 

3.1        Commitment: The parties to this Consent Award are committed to ensuring:

 

(a)        that the terms and conditions of this Consent Award lead to real gains in productivity and workplace efficiencies without a reduction in health, safety, rehabilitation and environmental standards; and

 

(b)        the procedures for resolving claims, issues and disputes provided for in this Consent Award are applied and enforced.

 

3.2        Objectives: The parties have agreed to work together to develop a committed, flexible and skilled workforce that is focussed on high productivity and safe working conditions.

 

The parties have also agreed to the following objectives:

 

(a)        Continue the development of effective management practices, including site management, and the commitment to providing quality product at low cost in minimum time.

 

(b)        Continue the development of career structures for all employees based on skills and competencies, and the contribution they make to the Company's performance.

 

(c)        The encouragement of innovative action and "international best practice".

 

(d)        Provide the highest standards of occupational health and safety in all activities.

 

(e)        Facilitate the elimination of lost time.

 

(f)         Sustain viable levels of direct Company employment and utilise genuine supplementary labour.

 

(g)        Minimise the environmental impact during the work at BHP Newcastle Steelworks through close co-operation with the client.

 

(h)        Create a dispute-free workplace.

 

(i)         To ensure that the Company has the flexibility to carry out any civil works, regardless of the location or nature of the projects.

 

This Consent Award aims to continue the development of a flexible, multi-skilled workforce capable of accommodating the requirements of BHP Newcastle Steelworks in pursuit of its objectives whilst maintaining Daracon Group best practice.

 

4.  Area, Incidence and Duration - Application

 

This Consent Award shall apply to Daracon with respect to all employees of the company engaged on contracted work at BHP Newcastle Steelworks who may be employed in any of the occupations or classifications provided for in this Consent Award.

 

This includes, but is not limited to, work on commissioning, decommissioning, rehabilitation, life extension, general and special works to maintain efficient production levels, dismantling, civil works and any other such work.

 

For other conditions of employment found to be inconsistent or unclear as to the intent of this Consent Award, reference should be made to "other industrial instruments" and the terms governing an employee's existing employment arrangements. Provided that where there is any inconsistency, this Consent Award shall prevail to the extent of the inconsistency.

 

5.  Period of Operation

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Daracon Engineering Pty Ltd - Newcastle BHP Steelworks Enterprise Consent Award published 11 June 1999 (309 I.G. 727), and all variations thereof.

 

The award published on 11 June 1999 took effect from the first full pay period to commence on or after 5 September 1997.

 

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 24 May 2001.

 

This award remains in force until varied or rescinded for the period for which it was made.

 

The parties agree that a review of existing work and the availability of future work will be considered during the life of this Consent Award with the opportunity to renew the Consent Award for a further two or three with appropriate wage and productivity adjustments.

 

6.  Contract of Employment

 

6.1        All employees engaged under the terms of this Consent Award shall be deemed to be employed by the week or on a casual basis.

 

6.2        A casual employee is one engaged as such by the hour, pursuant to subclause 12.3, Supplementary Labour, of clause 12, Measures to Achieve Gains.

 

6.3        It is a term and condition of employment, and of the obligations and rights occurring under this Consent Award, that an employee shall:

 

(a)        be available, and willing perform such work (including shift work), as shall reasonably be required on the days and during the hours necessary to best meet Daracon Group contractual obligations;

 

(b)        comply with any request of Daracon Group to work a reasonable amount of overtime in excess of ordinary hours;

 

(c)        recognise and comply with the right of Daracon Group to have an appropriate number and mix of classifications and skills during any hours of work;

 

(d)        properly use all appropriate protective clothing and equipment provided by Daracon Group for specified circumstances, and as reasonably required by BHP Newcastle Steelworks supervision;

 

(e)        use any technology and perform any duties, which are within the limits of the employee's skill, competence and training, and can safely be performed;

 

(f)         accept that termination of employment will be based on job requirements and skills, and that the principle of  "last on, first off " will not be the exclusive consideration;

 

(g)        adhere to the designated start and finish times for all work periods, including meal breaks;

 

(h)        maintain a commitment to, and comply with, Daracon Group directions (consistent with the objectives of this Consent Award) with respect to safety, quality and environmental responsibility.

 

6.4        Shift Work: Where it is necessary for work to be performed in shifts, the following conditions shall apply:

 

6.4.1     Definitions: For the purposes of this clause:

 

"Afternoon Shift" means a shift finishing after 8.00 p.m. and at or before midnight.

 

"Night Shift" means a shift finishing subsequent to midnight and at or before 7.00 a.m.

 

"Rostered Shift" means a shift where the employee concerned has had at least 48 hours notice, or is the result of mutual agreement between the employer and an employee.

 

"Shift Work" shall mean at least five consecutive shifts.

 

6.4.2     Ordinary Hours: The ordinary hours of work for both afternoon and night shift shall be eight hours daily, inclusive of meal breaks. Twenty minutes shall be allowed each shift for a meal break which shall be counted as time worked. Such crib time shall be in lieu of any other rest period.

 

An employee shall not be required to work more than five hours without a break for a meal.

 

The commencing and finishing times of ordinary working hours shall be specified for each shift.  Shift work hours shall be worked from Monday to Friday only; provided that an ordinary night shift commencing before and extending beyond midnight Friday shall be regarded as a Friday shift.

 

6.4.3     Overtime: All time worked by shift workers outside the ordinary working hours shall be paid for at double time. A shift, other than a rostered shift, shall be paid for at overtime penalty rates.

 

6.4.4     Overtime Requirement: The parties agree that Daracon Group may require any employee to work reasonable overtime at overtime rates, and the employee shall work such overtime in accordance with this requirement.

 

The primary determinant in the allocation of overtime is the specific work requirement and the practice of  "one in, all in" overtime shall not apply.

 

6.4.5     Shift Allowances: Shift workers whilst on afternoon or night shift (other than on a Saturday, Sunday or public holiday) shall be paid for such shift 25 per cent more than the ordinary rate of pay.

 

Double counting shall not apply in that shift loadings do not apply in addition to penalty provisions (e.g., overtime).

 

6.4.6     Sundays and Public Holidays: Where an ordinary shift falls partly on a Sunday or holiday that shift, the major portion of which falls on a Sunday or holiday, shall be regarded as the Sunday or holiday shift. However, the time so worked on the Sunday or holiday, not being the major portion of ordinary hours, shall not entitle the employee to the Sunday or holiday rate.

 

7.  Hours of Work

 

7.1        Ordinary Hours of Work: The ordinary hours of work under this Consent Award shall be 38 per week, worked eight hours per day Monday to Friday (inclusive of the RDO accrual) between the hours of 6.00 a.m. and 6.00 p.m. The regular ordinary hours of work are from 7.00 a.m. to 3.30 p.m. However, where required by the employer, and agreement is reached between the employer and the employee, the ordinary hours of work may be varied on a particular facet of the project or in a particular circumstance with a consequential adjustment to the ordinary starting or finishing time. The parties agree that such agreement shall not be unreasonably withheld.

 

The method of implementation of the hours worked on BHP Newcastle Steelworks will, subject to the provisions of subclause 12.1 of clause 12, Measures to Achieve Gains, be in line with a 19-day month.

 

The parties agree that a key element in gaining increased productivity is that employees start and finish at the times designated.

 

7.2        Overtime:

 

7.2.1     Overtime Rates: All time worked beyond the ordinary hours of work shall be paid at overtime rates, except where otherwise provided, at time and one half for the first two hours and double time thereafter.

 

7.2.2     Saturday Work: Overtime worked on Saturdays shall be paid for at the rate of time and one half for the first two hours and double time thereafter, provided that all work after midday shall be paid at the rate of double time. An employee required to attend work on a Saturday shall be paid for a minimum of four hours work at the appropriate rate.

 

7.2.3     Sunday Work: All work performed on a Sunday shall be paid for at the rate of double time. An employee required to attend work on a Sunday shall be paid for a minimum of four hours work at the appropriate rate.

 

7.2.4     Allocation of Overtime: The allocation of overtime by Daracon Group shall be based on specific work requirements and the practice of "one in, all in" shall not apply.

 

7.2.5     Reasonable Overtime: Daracon Group may require an employee to work reasonable overtime at overtime rates and the employee shall work such overtime.

 

7.2.6     Rest Period after Overtime: Where, in line with the objectives of this Consent Award, overtime is necessary, it shall be arranged wherever reasonably practicable to enable the employee to have at least ten consecutive hours off duty.  If at the direction of Daracon Group an employee resumes or continues work without having such ten hours off duty, he/she shall be paid at double rates until he/she is released from duty.

 

7.3        Meals: An employee shall not be required to work for more than five hours without a break for a meal. Because of particular production requirements of BHP Newcastle Steelworks, the meal break times be altered with a consequential adjustment to the daily time of cessation of work. Daracon Group may stagger the time of taking the meal break to meet the operational requirements of BHP Newcastle Steelworks.  An employee required to work overtime for at least one and one half hours after the ordinary finishing time, Monday to Friday, shall be paid $7.50 to meet the cost of a meal and after each subsequent four hours worked.

 

8.  Leave and Holidays

 

8.1        Annual Leave - The Annual Holidays Act 1944 will generally apply.

 

An employee, who receives payment for annual leave after being transferred from or to the BHP Newcastle Steelworks project to or from another work location of Daracon Group, is entitled to receive the classification rate for work performed proportionate to the period performed on the project to which this Consent Award applies.

 

8.2        Annual Leave Loading: When proceeding on a period of Annual Leave an employee shall receive a loading of 17.5 per cent calculated on the wage rates prescribed by this Consent Award. The loading shall apply to proportionate leave on lawful termination.

 

Provided that no employee shall, by the operation of this clause, be disadvantaged against their existing employment arrangements.

 

8.3        Absenteeism/Sick Leave:

 

8.3.1     The parties agree that all efforts shall be taken to minimise absenteeism. This commitment recognises that sick leave is a protection against loss of earnings because of absence due to illness or injury, and is not to be used for any other purpose.

 

8.3.2     An employee, other than a casual employee, who is absent from work on account of personal illness or on account of injury (other than when covered by Workers' Compensation) shall be entitled to paid sick leave in the first week of any absence, subject to the following conditions:

 

8.3.2.1              An employee shall, as far as practical, before the commencement of such absence inform the supervisor of his/her inability to attend for duty and the nature of such illness or injury and the anticipated period of the absence.

 

8.3.2.2              An employee who claims paid sick leave in accordance with this clause for an absence of one day only shall, if the employee has in the current sick leave year been allowed paid sick leave on two occasions, not be entitled to payment for the day unless he/she produces a certificate from a duly qualified medical practitioner stating that the employee was unable to attend for duty on account of personal illness or injury.

 

8.3.2.3              Sick leave shall accumulate from year to year so that any balance not paid in any one year is available to the employee and, subject to the conditions of this clause, may be paid to the employee.

 

8.3.3     An employee shall not be entitled to paid sick leave for any absence for which an entitlement to Workers Compensation exists.

 

8.3.4     An employee shall prove to the satisfaction of the employer (or, in the event of a dispute, the Industrial Relations Commission) that he/she was unable, on account of such illness or injury, to attend for duty on the day(s) for which sick leave is claimed.

 

8.3.5     A permanent employee shall on commencement be credited with ten days sick leave entitlement and shall be credited with further ten days at the beginning of each subsequent year of employment.

 

8.3.6     The parties to this Consent Award agree that it is not the intention to erode existing sick leave arrangements.

 

8.4        Public Holidays:

 

8.4.1     An employee (other than a casual employee) shall be entitled, without loss of pay, to the following public, provided, however, that if any other day is substituted for any of those holidays the substituted day shall be observed:  New Year's Day, Australia Day, Good Friday, Easter Monday, ANZAC Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, Newcastle Show Day, Picnic Day (first Monday in December), or any other such day as is gazetted to be observed in the locality as a substitute for any of the aforementioned days or in addition thereto.

 

8.4.2     All work performed on any of the holidays prescribed in this clause, or substituted in lieu thereof, shall be paid at the rate of double time and one half for all time worked.

 

8.4.3     An employee required to work on a public holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate.

 

8.4.4     Where an employee is absent from work on the working day before or the working day after a public holiday without reasonable excuse, or without the consent of the employer, the employee shall not be entitled to payment for such holiday or group of holidays.

 

8.4.5     All employees shall, as far as is practicable, be given and shall take the Picnic Day, which shall be observed as an additional public holiday.  Evidence of attendance at the picnic or purchase of a ticket shall, when produced, entitle the employee to payment therefore.

 

8.5        Carer's Leave:

 

Employees are entitled to a maximum of 38 hours personal leave to care for either a member of an employee’s immediate family or a member of the employee’s household, where the employee is responsible for the care of the person concerned.

 

Carer’s leave is subject to the provision of satisfactory evidence (medical certificate or statutory declaration) and may be taken in periods of less than 7.6 hours (i.e. part days).

 

The carer’s leave component does not accumulate.

 

The term "immediate family" includes:

 

a spouse (including former spouse, a de facto spouse and a former de facto spouse) of the employee.  A de facto spouse, in relation to a person, means 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

 

a child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

 

The term "employee’s household" includes a same sex partner living with the employee as a de facto partner of that employee on a bona fide domestic basis.

 

9.  Classification Disputes

 

9.1        Procedure: It is recognised that, from time to time, disputes may arise as to the proper classification of an employee.  Should a dispute arise as to the proper classification or reclassification, then the following procedure shall be adopted:

 

The employee shall have the right to have such a grievance referred to senior management and the Employee Consultative Committee, such committee having representation from Daracon Group employees engaged on the BHP Newcastle Steelworks site.

 

In determining the appropriate classification of an employee the Company shall pay due regard to:

 

the nature and skill requirements of the position to be filled;

 

the skill level and certification of the employee; and

 

the experience and qualifications of the employee in relevant indicative tasks nominated for the

 

skill level and/or fields of work against which an employee is accredited.

 

9.2        Definitions:

 

Level 1:

 

Tradesman is an employee holding a trades certificate who uses the full training and skills associated with that certificate.

 

Level 2:

 

Tradesman is a Level 1 Tradesman who uses, in the course of his/her work, any of the following qualifications or skills to a demonstrated competency standard:

 

Crane Chaser and/or Dogging; Basic Welding and Oxy Cutting Skills.

 

Civil Construction Worker refers to workers employed in the classifications detailed in Appendix B of this Consent Award.

 

Plant Operator refers to workers employed in the classifications detailed in Appendix B of this Consent Award.

 

Transport Worker is an employee required to perform the following functions:

 

Grade 1 - driver of a two-axle rigid vehicle with a gross vehicle mass over 4.5 tonnes.

 

Grade 2 - driver of:

 

three-axle rigid vehicle;

 

four-axle rigid vehicle;

 

articulated vehicles with a total of three axles.

 

Grade 3 - driver of:

 

articulated vehicles with a total of four, five or six axles;

rigid vehicle-trailer combinations with a total of five, six or seven axles.

 

9A.  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".

 

10.  No Extra Claims

 

Apart from the arrangements, terms and conditions specified in this Consent Award, employees and the Union undertake that no further claims will be made upon Daracon Group in respect of any matter within the scope of this Consent Award during the currency of this Consent Award and for such period thereafter as the Consent Award may continue in force.

 

11.  Pay Entitlements

 

11.1      Wage Rate Definitions:

 

The rates prescribed in Appendix A are in substitution for those rates and allowances which, but for this Consent Award, would apply to employees engaged on the BHP Newcastle Steelworks and are for all purposes of this Consent Award.

 

The rates of pay set out do not include Licence/Registration Payments, Leading Hand Allowances, Fares and Travelling Allowances, and Carrying Grease and Oil Allowance under existing employment arrangements, but are inclusive of amounts in lieu of Tradesman Tool Allowance, overaward payments, disability payments and the BHP construction allowance.

 

The parties may, by agreement, include additional classifications within the groupings set out in this clause.

 

11.2      Additional Increases - In recognition of the productivity gains which have been and will continue to be Introduced, the wage rates set out in Appendix A reflect the percentage increases in rates of pay as detailed hereunder:

 

(a)        6 months from 5 September 1997 - 2.5 per cent

12 months from 5 September 1997 - 2.5 per cent

18 months from 5 September 1997 - 2.5 per cent

24 months from 5 September 1997 - 2.5 per cent

30 months from 5 September 1997 - 2.5 per cent

 

(b)        The increases are fixed or the duration of the Consent Award and are paid instead of any movements in award rates subject to the objectives of this Consent Award being achieved.

 

11.3      No Reduction Clause: No employee will be reduced in pay and/or conditions of employment by the making of this Consent Award.

 

11.4      Fares and Travelling:

 

11.4.1   An allowance of $11.80 is payable to employees for each day of attendance, to compensate for excess fares and travelling time to and from places of work. Provided that the allowance shall not be payable if the Company provides or offers to provide transport free of charge to any employee from and to the employee's residence.

 

11.4.2   Where the employee is sent during working hours from job to job, and the employee is required to provide, maintain and drive his/her own vehicle he/she shall be paid an amount of $0.65 per km for all travelling time and fares incurred in addition to the amount payable in 11.4.1 above.

 

11.4.3   Where an employee is not notified by his/her employer the day before of a transfer the employer shall be required, if requested by the employee, to return him/her to the point from which he/she was transferred by the time of cessation of work, provided that this shall only apply on the first day of transfer.

 

11.4.4   If employees are transferred to another job at their own request they shall not be entitled to fares or other allowances under this clause.

 

11.5      Company Vehicles: The parties agree that the nature of Daracon Group operations necessitates the provision of vehicles to some employees as an aid to carrying out their duties.  Provision of a vehicle, whether from the pool or temporarily allocated because of project or job requirements, is subject to the following conditions:

 

11.5.1   An allowance of $5.05 is payable to the employee for each day of attendance at work and is to compensate employees for excess time and travel incurred in fuelling the vehicle.

 

All time reasonably spent in travelling to the yard to fuel up in excess of that normally spent from the job to home shall be paid at ordinary rates. This time is not counted as time worked for the purposes of clause 7, Hours of Work.

 

The vehicle will be fully maintained by Daracon Group; however, each employee is responsible for the care, security and cleanliness of the vehicle entrusted to them.

 

11.5.2   Vehicles are to be used for business purposes only and are not to be used privately. Employees are, however, allowed private use which is solely work related  (i.e., travel to and from work) or incidental to travel in the course of duties of employment, or occasional authorised non work- related use.

 

Employees disregarding this clause will be subject to disciplinary action.

 

12.  Measures to Achieve Gains

 

12.1      Rostered Days Off  - In respect of the rostered day off it is agreed:

 

(a)        The prescribed industry RDO may be worked where required by the employer to maintain the company's competitiveness, particularly where penalties apply or BHP Newcastle Steelworks operations may be interrupted, delayed or jeopardised. Work on a rostered day in such circumstances shall be regarded as ordinary time.

 

(b)        To include provision for the deferral and accumulation of up to five rostered days in a 12-month period.

 

(c)        That all "banked" RDOs must be taken within 12 months of the date of their accrual.

 

(d)        Where Daracon Group requires and the employees agree as in (a) above, an alternative ordinary day shall be substituted for the Industry Day Off.

 

12.2      Inclement Weather: The parties to the Consent Award will collectively work towards the minimisation of lost time due to inclement weather. Whenever prevailing weather conditions affect (or may affect) the safety of work, an employer and affected employees shall consult to determine the best method of continuing work in a safe manner, consistent with the objectives of this Consent Award.

 

Further to this, the parties undertake to adopt the following principles in regard to inclement weather and the idle time that inclement weather creates:

 

(a)        The adoption of a reasonable approach to inclement weather procedure requirements and the definition thereof.

 

(b)        The acceptance of a transfer to an area or site not affected by inclement weather if, in the opinion of Daracon Group, useful work is available and the work is within the scope of the employees' skill, competence and training and can be safely performed.

 

(c)        Non-productive time will be used for relevant and meaningful skill development.

 

(d)        Where none of the foregoing is available or appropriate, Daracon Group will adopt a commonsense approach and may authorise employees to leave the site. In such an eventuality, Daracon Group may nominate one or more employees to either remain on site or be available for callback without additional payment being incurred for the ordinary hours of work.

 

12.3      Supplementary Labour: It is recognised by the parties that it may be in the best interests of Daracon Group to cover short term labour shortages by other than direct full-time employment.

 

12.3.1   The parties agree that it is not Daracon Group's intent to erode job security, earnings or conditions of employees by the use of supplementary labour.  Accordingly, the parties agree to the use of supplementary labour to:

 

supplement normal operations;

 

perform specialised work or services;

 

carry out work that cannot be economically performed

by company employees.

 

For the purposes of this Consent Award, supplementary labour shall mean the use of casuals, subcontractors and bona fide labour hire companies.

 

12.3.2   Casual employees may be employed at any time for the purpose of supplementing and maintaining work schedules. A casual employee directed to report for work and not being required shall be paid three hours pay at ordinary rates and the fares applicable in paragraph 11.4.1 of subclause 11.4 of clause 11, Pay Entitlements, unless notice is given the day before of not being required, where no payment shall be made.

 

Provided that where employees report and are instructed to remain on the job, they shall be paid at ordinary rates whilst so waiting or until otherwise notified.

 

12.3.3   Casual employees directed to report for work on a Saturday and not being required shall be paid for two hours at overtime rates and the fares applicable in the above mentioned paragraph 11.4.1 of this Consent Award.

 

12.3.4   A casual engaged under the terms of this Consent Award will be paid at the rate prescribed in this Consent Award for the skills and qualifications held, plus a loading of 20 per cent inclusive of leave and other provisions for all purposes of this Consent Award.

 

12.3.5   Where supplementary labour is engaged, those persons will receive no less a rate of pay than the applicable rate Daracon Group employees would receive for the relevant classification of work in which the supplementary labour is engaged.

 

12.4      Electronic Transfer of Wages:

 

12.4.1   Daracon Group shall maintain all of its employees on the "Electronic Funds Transfer" (EFT) system, as is currently the case.

 

12.4.2   All efforts will be made by Daracon Group to ensure that itemised pay slips be made available to employees within 24 hours of the due pay date.

 

12.4.3   Daracon Group will make facilities available for the weekly deduction of union dues by written authorisation of the employee(s), with such deduction being remitted to the Union office monthly.

 

13.  Redundancy

 

Daracon Group shall make a contribution of $30.00 per week on behalf of each employee into ACIRT, the agreed redundancy fund.

 

14.  Superannuation

 

Daracon Group shall make superannuation contributions to the C+BUS Industry Superannuation Fund on behalf of the employees whilst they are engaged on the BHP Newcastle Steelworks project at the appropriate rate specified by the Superannuation Guarantee legislation.

 

15.  Resolving Claims, Issues and Disputes

 

15.1      Procedures - All parties to this Consent Award recognise and accept that people have differing viewpoints and, hence, conflict will arise from time to time. To ensure the credibility of the Company and the job security of employees, it is agreed that it is in the best interests of all parties to manage the resolution of conflict by means which do not damage the Company's business nor its client relationships.

 

To enable claims, issues and disputes to be progressed while work proceeds normally and without interruption, the procedures outlined in this clause will apply.

 

(a)        Employees and/or the delegate of the union will place the claim, issue or dispute before the front line supervisor. This group will take all reasonable steps to settle the matter together.

 

(b)        Failing agreement, all parties will place the claim, issue or dispute before the site manager. This group will take all reasonable steps to settle the matter.

 

(c)        If the claim, issue or dispute remains unsettled, the delegate(s) and/or the employee(s) will contact their union official immediately who will arrange a conference with Company management in order to try to settle the matter.

 

(d)        If the above procedures fail to settle the matter in dispute, the parties will refer the matter to the New South Wales Commission for assistance.

 

The above procedures will be progressed quickly, but reasonable time limits will be applied.

 

Where a claim, issue or dispute relates to a safety matter, the above Health and Safety Committee exists, the committee or a member of the committee may be involved in assisting the settlement of the matter. Upon advice that a safety dispute exists, the supervisor will take immediate corrective action to allow work to continue without risk to health and safety. Nothing in this procedure changes the rights and obligations employees and employers have under the Occupational Health and Safety Act 1983.

 

If the above procedures fail to settle a claim, issue or dispute and industrial action is intended which will interrupt or delay BHP Newcastle Steelworks operations, then no such industrial action will occur until the expiry of ten days from the time a written notice of such intended action has been given to the Company.

 

No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed.

 

15.2      Impact of Principal Industrial Disputes - Should Daracon Group employees be working within the boundaries of BHP Newcastle Steelworks operations and the BHP Newcastle Steelworks personnel enter upon an industrial stoppage, Daracon Group employees will continue work where the work can be continued without carrying out any work of BHP Newcastle Steelworks employees on strike.

 

16.  Disciplinary Policy

 

16.1      Objectives: The parties agree that a clear and effective discipline policy is fundamental in achieving productivity gains, a safe working environment and sound industrial relations.  Disciplinary action is seen by the parties to be necessary only where initial counselling of the employee has been unsuccessful.

 

The parties to this Consent Award agree that the following disciplinary procedure is to be applied in the event of an, employee's unacceptable work performance and/or behaviour.

 

16.2      Stages:

 

16.2.1   Stage 1 - Counselling: In the first instance the supervisor will attempt to establish the reasons behind the inappropriate behaviour and provide appropriate counselling. Where an employee is experiencing some trauma the supervisor will refer the employee to the relevant manager who, in conjunction with the Human Resources Manager, will determine the appropriate assistance.

 

16.2.2   Stage 2 - First Warning: Where unacceptable work performance or behaviour continues, the employee will be given a formal written warning by management after having clearly indicated to the employee:

 

(a)        what is expected and required;

 

(b)        where and how the required standards have not been met;

 

(c)        what must be done to reach the required standard; and

 

(d)        the consequences of the employee's failure to improve as required.

 

This warning may be in the presence of the employee's representative and one other member of management.

 

In the event that there is no repetition of the same misdemeanour for a period of six months, the warning will lapse.

 

16.2.3   Stage 3 - Final Warning - Where the same or similar behaviour continues, a final warning shall be issued in writing to the employee.  This final warning is to be in the presence of the employee's representative and one other member of management and will state that unless the employee's behaviour improves his/her services will be terminated.

 

A copy of this final warning shall be handed to the employee and his/her representative and a copy retained on the employee's file.

 

After a reasonable period (say 12 months) the parties may confer and revoke the final warning.

 

16.2.4   Termination: Where the same or similar behaviour is repeated, the employee's services shall be terminated in the presence of the employee's representative and one other member of management.

 

16.3      Instant Dismissal: Nothing contained above shall inhibit Daracon Group, in cases of wilful and/or serious misconduct or conduct which endangers the safety of any employee or a member of the public, from implementing immediate termination of employment.

 

16.4      Repetition of Misdemeanours after Lapses of Warnings: Where an employee's first warning has lapsed and there is a repetition of the same misdemeanour within a period of four months, then the employee will be placed on a first warning.

 

Where an employee's final warning has lapsed and there is a repetition of the same misdemeanour within a period of six months, then the employee will again be placed on a final warning.

 

Should the occasion arise where an employee, through his/her actions, indicates a failure to improve his/her performance and is abusing the warning system, the parties shall confer and review the use of ongoing warnings.

 

16.5      Degrees of Discipline: The parties agree that appropriate discipline must be actioned for each misdemeanour.  The different circumstances of each case make it impossible to about appropriate action.

 

The following guidelines are listed as a guide:

 

Category 1:

 

1.1       Absenteeism

 

1.2       Inefficiency and/or poor performance

 

1.3       Poor timekeeping

 

1.4       Minor breach of safety regulation

 

1.5       Leaving workplace without permission

 

Appropriate Discipline - Work through stages of discipline.

 

Category 2:

 

2.1       Negligence

 

2.2       Malingering

 

2.3       Major breach of safety regulations

 

Appropriate Discipline - May be necessary to by-pass counselling stage and give formal warning to the employee. Depending on the severity of the incident, a stage 1 or 2 warning may be appropriate.

 

Category 3:

 

3.1       Possession or unauthorised consumption of alcohol on the job

 

3.2       Possession or consumption of prohibited drugs on the job

 

3.3       Deliberate damage to company property and personal property

 

3.4       Falsifying timesheets or medical certificates

 

3.5       Fighting or abuse of workmate or supervisor

 

3.6       Serious abuse of safety regulations

 

Appropriate Discipline: May be necessary to summarily dismiss the employee in the presence of the employee's representative and the appropriate manager.

 

Where mitigating circumstances exist, it may be appropriate to give a final warning or to terminate the employee's contract with due notice.

 

17.  Signatories

 

Signed for and on behalf of The Australian Workers' Union, New South Wales.

 

Signed for and on behalf of Daracon Engineering Pty Ltd.

 

Appendix A

 

Table of Wage Rates

 

 

In calculating an hourly rate, the rates are divided by 38.

 

The rates are payable for all purposes of this Consent Award.

 

An employee engaged for more than two hours during one day or shift on duties carrying a higher rate than the rate for the employee's classification shall be paid the higher rate for such day or shift.

 

If the higher classification worked is less than two hours during the day or shift, the employee shall be paid the higher rate for the time so worked only.

 

The rates of pay set out do not include Licence/Registration Payments, Leading Hand Allowances, Fares and Travelling Allowances nor Carrying Grease and Oil Allowance paid under existing employment arrangements, but are inclusive of amounts in lieu of Tradesman Tool Allowance, over award payments, disability payments and the BHP construction allowance.

 

Appendix B - Wages Translation Structure

 

Group	Classification	Wage Rate on
		Signing
A	Civil Construction Worker - Grade 1	$516.00
	Incl. Daracon Trainee (With Previous Civil Experience)
	Civil Construction Worker - Grade 2	$13.58
	Traffic Controller - Accredited
	Worker Engaged In Dismantling
	General Labourer - Not Elsewhere Classified
	Tipman and/or Loading Tallyman
	Labourer On Erosion Control
	Labourer - Bending Reinforcing Steel
	Labourer - Loading Or Unloading
	Materials Other Than Cement
	Asphalt Paver/Gang
	Transport Worker Grades 1, 2 & 3.
B	Civil Construction Worker - Grade 3	$554.00
	Pipe Layer and/or Joiner Assisting (Not Accredited)	$14.58
	Survey Assistant (With RPL) -
	Labourers Engaged In The Erection
	And Placement Of Steel Wire Mattresses
	Concrete Worker - Including
	Floater, Formwork Erector And/Or
	Stripper, Tamper Man, Concrete
	Cutting Or Drilling Machine Operator
	Holder Of Basic Oxy Cutting Skills
	Labourer - Bending Reinforcing
	Steel To Pattern Or Plan
	Pressure Grouter S Assistant
	Transport Worker Grades 4 & 5.
	Plant Operator Group A (Cw3)
C	Civil Construction Worker - Grade 4	$578.00
	Manhole Builder (Accredited)	$15.21
	Concrete Finisher
	Installing Kerb Lintels, Grates
	Pipe Layer And/Or Joiner (Accredited)
	Labourer Placing And/Or Tack
	Welding Reinforcing Steel
	Pressure Grouter
	Transport Worker Grades 6, 7 & 8
	Plant Operator Group B (Cw4)
D	Civil Construction Worker - Grade 5	$602.00
	Holder Of Dogging Certificate	$15.84
	Experienced Rigger (National
	Certificate Or Equivalent)
	Engineering Surveyor As Appointed
	Experienced Leading Hand (As Appointed)
	Plant Operator Group C (Cw5)
	Plant Operator Group D (Cw5)
	Plant Operator Group E(Cw5)
	Level 1 Tradesman As Defined
E	Level 2 Tradesman As Defined	$610.00
	Plant Operator Groups F, G, H (Cw6, 7, 8)	$16.05

 

Attachment 1

 

Industrial Incident Report

 

Industrial Incident Report:

 

1.          Issue Raised By:

 

Print Name & Position

 

Date:

 

Time:

 

2.          Details Of Incident:

 

3.          Employee/Representative View Of The 1ssue:

 

4.          Supervisor View:

 

5.          Company Position / Policy:

 

6.          Follow-Up Action:

 

7.          Manager Responsible:

 

Print Name & Signature:

 

Date:

 

Attachment 2

 

RECORD OF DISCIPLINARY ACTION

 

Record Of Disciplinary Action:

 

Date:

 

1.          First or Final Warning (circle the appropriate warning] issued to:

 

2.          Has the employee been counselled?  Yes / No

 

3.          Brief summary of unacceptable work practice or behaviour [attach Industrial Incident Report]:

 

4.          Why is disciplinary action being taken against the employee?

 

5.          What is expected and where has the employee failed to meet the required standard?

 

6.          What must the employee do to reach the required standard?

 

7.          What will be the consequences of failure to improve?

 

8.          Employee comments:

 

Supervisor Issuing Warning:

 

(Print name & Sign)

 

Employee Receiving Warning:

 

Print name & Sign

 

 

Employee Representative (and witness):

 

Print name & Sign

 

Senior Organiser:

 

Human Resources Manager

 

The Employee's Refusal To Sign This Form Does Not Invalidate The Warning.

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.