CALTEX/KURNELL MAINTENANCE AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 2907 and 2908 of 1999)
Before The Honourable Justice
Marks
|
18 July 2001
|
REVIEWED AWARD
1. Arrangement
This award is arranged in the following manner:
PART A
CONDITIONS
Clause No. Subject Matter
1. Arrangement
2. Achievement
of Aims
3. Apprenticeship
4. Wages
5. Definitions
6. Contract of
Employment
7. Payment
of Wages
8. Hours of
Work
9. Meal
Allowance
10. Boarding
Allowance
11. Car
Allowance
12. Shift Work
13. Overtime -
Day Workers
14. Saturday
Work - Day Workers
15. Sunday
Work- Day Workers
16. Cancellation
of Overtime, Holidays and Weekend Work
17. Call In
Roster Payment
18. Annual
Leave
19. Long
Service Leave
20. Sick Leave
21. Holidays
22. Settlement
of Disputes or Claims
23. Daylight
Saving
24. Meal
Breaks
25. Licence
Fees
26. Parental
Leave
27. Personal
Development
28. Travelling
and Board
29. Union
Representation
30. Trade
Union Training Leave
31. Safety
Equipment
32. Tools
33. Union
Notice Board
34. Bereavement
Leave
35. Jury
Service
36. Personal/Carer’s
Leave
37. Anti-Discrimination
38. Redundancy
39. Incidence
and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
Schedule A - Overtime Meal Allowance
PART C
APPENDICES
Appendix 1:
Record of Agreement Between Caltex Refineries (NSW) P/L
and (Name of Employee) for an Alternative Remuneration Arrangement Under Clause
4(3) of the Caltex / Kurnell Maintenance Award.
2. Achievement of
Aims
This Award is based on the commitment of the Company, the
employees and the Unions to improve workplace efficiency and productivity and
to enhance the career opportunities and job security of employees in the
Company. All parties are committed to further workplace reform to obtain
increased efficiencies and will contribute to the development of ideas for
change and implementation with the objective of achieving industry best
practice.
3. Apprenticeship
See Industrial and Commercial
Training Act 1989. The provisions relating to wages and conditions are
contained within the appropriate clauses of this Award.
4. Wages
4.1 An adult employee
will be paid per week the wage rate assigned to the classification as set out
in Table 1 - Wages, of Part B, Monetary Rates.
4.2 Apprentices
The weekly wage for apprentices will be the
undermentioned percentages of the wage rate of either the Electrical &
Instrument Technician L1 (Electrical/Instrument Trades) or the Mechanical
Technician Level 1 (Mechanical Trades).
Four-Year Term
Apprentice Year
|
Percentage of Base
Rate Prescribed for E & I
|
|
Technician L1 or
Mechanical Technician L1
|
First Year
|
42%
|
Second Year
|
55%
|
Third Year
|
75%
|
Fourth Year
|
88%
|
4.3 Agreement for
Alternative Remuneration Arrangement
4.3.1 Despite any
other provision of this award, for the purpose only of calculating ordinary time
earnings, the rate of pay per week prescribed in clause 4(1) and Table 1 Wages
of Part B, Monetary Rates will be reduced by the amount which an employee
elects by notice in writing to Caltex to sacrifice in order to enable Caltex to
make a superannuation contribution for the benefit of the employee. (Referred
to hereinafter as the "agreed" rate of pay).
4.3.2 For an
employee’s election to be valid the employee must complete the form of election
contained in Appendix 1 of this award.
4.3.3 While an employee
with an alternative remuneration agreement is on annual leave, long service
leave or other paid leave, the "agreed" rate of pay and
superannuation contributions will continue to apply.
4.3.4 All other award
payments, including termination payments, calculated by reference to the
employee’s rate of pay will be calculated by reference to the rate of pay per
week specified for the employee in clause 4(1) and Table 1 - Wages of Part B,
Monetary Rates.
4.3.5 Unless
otherwise agreed by Caltex, an employee may only revoke or vary an election
once in each twelve months. Not less than one month's written notice will be
given by an employee of revocation or variation of the employee’s election.
4.3.6 This
arrangement is entered into on the basis that it is cost neutral to
Caltex. Accordingly, if at any time
while an employee’s election is in force, there are material changes in
taxation or superannuation laws, practice or rulings that materially alter the
benefit to the employee or the cost to the employer of acting in accordance
with the election, either the employee or Caltex may, upon one months notice in
writing to the other, terminate the election.
4.3.7 Caltex will not
use any superannuation contribution made in accordance with an employee’s
election to meet its minimum employer obligation under the Superannuation
Guarantee Administration Act or any legislation which succeeds or replaces it.
5. Definitions
5.1 For the
purposes mentioned hereafter, the minimum requirements for a "Dual Qualified
Tradesperson" means:
5.1.1 Completion of
an apprenticeship in Electrical Trades with a Certificate of Proficiency in
that trade plus successful completion of a TAFE Instruments Industrial
(Conversion) Course and also possession of a Qualified Supervisors Certificate
("A" Grade Licence); or
5.1.2 Completion of
an apprenticeship in Instrument Trades with a Certificate of Proficiency in
that trade plus possession of a Qualified Supervisors Certificate
("A" Grade Licence).
5.2 Electrical
& Instrument (E & I) Technician L1:
Is a dual qualified tradesperson with basic trade
skills in accordance with the above criteria who possesses a Qualified
Supervisor Certificate ("A" Grade Electrical Licence).
5.3 E & I
Technician L2:
Is a dual qualified tradesperson who, having achieved
knowledge and experience, is able to demonstrate competency on equipment in
accordance with Level 2 criteria.
5.4 E & I
Technician L3:
Is a dual qualified tradesperson who, having achieved
knowledge and experience as per L2, is able to demonstrate competency on
equipment and general plant items of moderate complexity in accordance with
Level 3 criteria.
5.5 E & I
Technician L4:
Is a dual qualified tradesperson who, having achieved
knowledge and experience as per L3, is able to demonstrate competency on
equipment and general plant items of high complexity in accordance with Level 4
criteria. If the Company is unable to find another tradesperson to perform
acting supervisor functions, then a Level 4 tradesperson will volunteer to
undertake these duties.
5.6 Multi-Skilled
Electrician L1:
Is an electrical tradesperson who is in possession of a
Qualified Supervisors Certificate ("A" Grade Licence) and is able to
demonstrate competency on equipment in accordance with Level 1 criteria.
5.7 Multi-Skilled
Electrician L2:
Is an electrical tradesperson who, having achieved
knowledge and experience as per L1, is able to demonstrate competency on
equipment and general plant items of moderate and high complexity in accordance
with Level 2 criteria.
5.8 Mechanical
Assistant:
Means an employee designated as such by the Company who
will perform general duties as required by the Company. Such duties will
include but not be limited to the following:
Assisting Technicians in the performance of their
duties
Oiling and greasing of equipment
Erection and dismantling of scaffolding where this does
not infringe statutory requirements
Removal of and application of lagging and sheetmetal
work
Operates power driven machinery including but not
limited to power shears, power hacksaw,
power press, grinders, screwing, drilling and tapping
machines
Work within the central toolroom (CTR) and on shut-down
caravans
Work of a general nature
Utilise the SAP maintenance system
Coordinate and communicate with other crafts
Share specialised knowledge
A mechanical assistant will hold and utilise a Crane
Chasers Certificate of Competency
5.9 Mechanical
Technician - Level 1:
Means a tradesperson designated as such by the Company to
utilise general trade skills as required by the Company. Such duties will
include but not be limited to the following:
Competency on all types of rotating equipment such as
pumps, compressors and turbines
All pipework and pipelines, heat exchangers and valves
Workshop machines such as lathes, drilling, threading
and milling machines
Mechanical seals
Erection and dismantling of scaffolding, soldering,
brazing, use of oxy-acetylene and electric arc welding equipment and perform
minor lifting duties where the performance of any of these duties does not
infringe statutory requirements
Write reports recording the progress of work as
required by the Company
Utilise the SAP maintenance system
Coordinate and communicate with other crafts and share
specialised knowledge
A mechanical Technician will hold and utilise a
mechanical apprenticeship and will also hold and utilise a Crane Chasers
Certificate of Competency. In addition, a Mechanical Technician must be capable
of working on the crews associated with the wharf and sub-wharf functions.
5.10 Mechanical
Technician - Level 2:
Means an employee who, in addition to the requirements
of a mechanical Technician Level 1:
Has successfully completed and utilises the skills of LI
Vibration Monitoring and Balancing Machine, LII Basic Analysis and LIII
Vibration Analysis training
Holds and utilises a Riggers Certificate of Competency
Is capable of, and undertakes planning functions
associated with assigned work. Without limiting the generality of the
foregoing, this would include reviewing work order requests and minor job
lists, identifying materials, tools, equipment and other crafts needed to
undertake the job. Preparing all necessary permits and procedure plans
detailing materials and resources necessary to complete the job
Organises other trades as required in the execution of
assigned duties
5.11 Mechanical
Technician - Level 3:
Means an employee who, in addition to the requirements
of a Level 1 and 2 technician, has accumulated superior and specialised
knowledge of equipment in their team’s area, and on which they may be consulted
by their peers. A Mechanical Technician Level 3 must have a minimum 5 years
experience as a mechanical technician in a refinery environment. They must be
conversant with at least one piece of major or critical equipment in their area
and obtain a skill level four pass in at least 75% of general area requirements
and at least 50% of area specific and applicable rotating equipment component
items in the skills appraisal document.
Assessment will be conducted by a committee comprising
two company representatives (with Mechanical Trades background) and one current
MT3 from the area team (where possible). All assessments are to be decided by a
majority vote.
An employee having obtained the MT3 classification will
be required to maintain and demonstrate his/her competency in the skill levels
achieved.
5.12 There is no
restriction on an employee performing tasks in a level above or below their
current level; eg an employee can gain competency and utilise skills and
knowledge applicable to a higher level while still classified in a lower level.
6. Contract of
Employment
6.1 Except in the
case of summary dismissal, the Company will give the following notice of
termination to an employee:
Period of
Continuous Service
|
Period of Notice
|
Less than 1 year
|
1 week
|
1 year but less than 3 years
|
2 weeks
|
3 years but less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
6.2 Provided that
where an employee has had greater than two (2) years continuous service with
the Company and is over 45 years of age, an additional one (1) weeks notice
will be provided.
6.3 Payment in
lieu of all or part of the notice prescribed in sub-clauses 6.1 and 6.2 above
may be made.
6.4 Where an
employee terminates his/her employment, the employee is required to provide the
Company with one (1) weeks notice of termination. Where less than one (1) weeks
notice is given, the employee will forfeit one (1) weeks pay.
6.5 The Company
has the right to dismiss an employee without notice (summary dismissal) for
malingering, inefficiency, neglect of duty or misconduct and in such cases the
wages will be paid up to time of dismissal only.
6.6 The Company
has the right to deduct payment for any day the employee cannot be usefully
employed because of any strike or through any breakdown in machinery, or any
stoppage of work by any cause for which the Company cannot be held reasonably
responsible.
6.7 Where an
employee has given or been given notice they will continue in their employment
until the date of the expiration of such notice. Any employee who having given
or been given notice, without reasonable cause (proof of which will lie on
them) absent themselves from work during such period will be deemed to have
abandoned employment and will not be entitled to payment for work done within
that period. Provided that where the Company has given notice, an employee on
request, will be granted leave of absence without loss of pay for one day in
order to look for alternative employment. Leave of absence so granted will not
constitute abandonment of employment for the purpose of this sub-clause.
6.8 Latecomers: Notwithstanding
anything elsewhere contained in this Award, the Company may select and utilise
for timekeeping purposes any fractional or decimal proportion of an hour (not
exceeding quarter of an hour) and may apply such proportion in the calculation
of the working time of employees who, without reasonable cause promptly
communicated to the Company report for duty after their appointed starting
times or cease duty before their appointed finishing times. The same proportion
used for this purpose will apply for the calculation of overtime.
6.9 It is a term
and condition of employment, that an employee in order to become entitled to
the payment of the weekly wage prescribed by this Award, will be available,
ready and willing to:
6.9.1 perform such
work (including shift work) as the Company may, from time to time, reasonably
require;
6.9.2 at the
Company's direction, carry out such duties and use such tools and equipment as
are within the limits of the employee's skill, competence and training
consistent with the classification structure of this Award, provided that such
duties are not designed to promote de-skilling and are consistent with the
Company's responsibilities to provide a safe and healthy working environment.
6.9.3 comply with the
orders of the Company to work reasonable overtime, at any time during the seven
days of the week, at the appropriate remuneration prescribed herein; and
6.9.4 comply with the
Company's direction to carry out maintenance work required for the safety of
personnel and plant (including Maintenance work for the continued operation of
plant in accordance with the requirements of the Company both as to the
Maintenance work to be performed and the numbers and classifications of
personnel required for that purpose), or for the emergency prevention of
pollution; and
6.9.5 comply with the
Company's direction to keep the work place and equipment in a clean and safe
condition; and
6.9.6 drive motor
vehicles to Class 1 Licence requirements where such is necessary for
performance of their duties.
6.9.7 use all
appropriate protective clothing and equipment provided by the Company for
specific circumstances and, after appropriate training, safety equipment or
apparatus to supplement safety checks by other authorised personnel; and
6.9.8 work in
accordance with the Company's standards and procedures as amended from time to
time, provided such standards and procedures do not contravene conditions
contained within this Award
7. Payment of Wages
7.1 Wages and
allowances will be paid weekly by direct transfer into the employee's bank (or
other recognised financial institution) account, details of which are to be
provided to the Company by the employee.
7.2 Upon
termination of employment salary due to an employee will be paid on the day of such
termination or forwarded by post or paid by EFT on the next working day at the
election of the Company.
8. Hours of Work
8.1 The ordinary
hours of work will be 70 per two-week period.
8.2 Ordinary hours
will be worked on nine (9) days (excluding Saturdays and Sundays) each of 7
hours 47 minutes, in accordance with the roster determined by the Company. This
sub-Clause can be varied by agreement between the parties.
8.3 A rostered day
off may be substituted during plant shutdowns or emergency situations. Where a
rostered day off is substituted in accordance with this sub-clause that day
will be worked as normal and a day will be substituted in lieu thereof. Other than emergencies, forty-eight (48)
hours notice will be given of substitution of rostered day off. In all such
cases, the substitute day will be taken on a date suitable to the employee no
later than the next rostered cycle.
8.3.1 An employee
with the agreement of the Company may substitute a rostered day off for another
day to be taken as mutually agreed.
8.3.2 For the
purposes of this clause, the rostered cycle is deemed to commence on the day
denoted as the rostered day off on the Company's Rostered Days Off schedule.
8.4 Day Workers
Ordinary hours of work will be worked continuously,
except for meal breaks, at the discretion of the Company between 6.00am and
6.00pm. Provided that any alteration to
start/finish times will only be made after consultation with the accredited
Union representatives. Further provided
that the spread of hours may be altered by mutual agreement between the Company
and majority of employees concerned.
9. Meals Allowance
9.1 An employee
required to work overtime will be paid an allowance as set out in Item 1 of Table
2 - Other Rates and Allowances, of Part B, Monetary Rates, for each meal in
accordance with Schedule A.
9.2 A day work
employee required to work overtime on a Saturday or a Sunday will be paid a
meal allowance as set out in the said Item 1 for the first crib as provided in
paragraph (4)(a) of Clause 13, Overtime - Day Workers.
9.3 Notwithstanding
anything contained above, payment of the allowance will not be made when the
Cafeteria facilities are operating on a Saturday or a Sunday.
10. Boarding Allowance
An employee required to go aboard a vessel at the sub‑berth
in Botany Bay will be paid a Boarding Allowance as set out in Item 2 of Table 2
- Other Rates and Allowances, of Part B, Monetary Rates. The allowance is payable once only for each
week during which the employee is required to board vessels moored at the
sub-berth in Port Botany.
11. Car Allowance
11.1 An employee
required to work overtime, will be paid a car allowance where the employee provides
their own means of transport to travel between their home and the Company's
premises.
11.2 The amount of
this allowance will be as set out in Item 3 of Table 2 - Other Rates and
Allowances, of Part B.
11.3 In accepting
this allowance employees accept full responsibility for using their private
cars for this purpose. They will not make claims against the Company on account
of damage to their cars or claims being made against them by other parties
arising from incidents or accidents occurring while using their cars for this
purpose.
11.4 Provided
further that an employee is not entitled to receive more than one car allowance
on any one day unless the employee has returned home and is subsequently
recalled to work.
12. Shift Work
12.1 Definitions:
For the purposes of this clause
12.1.1 A 'shift' refers
to a period of work of eight (8) hours duration but may be worked in
conjunction with periods of overtime before or after the shift.
12.1.2 'Afternoon
Shift' means any shift finishing after 2000 hours and at or before midnight.
Unless specified elsewhere it will be paid at the rate of time plus 15% of
ordinary-time rate of pay.
12.1.3 'Night Shift'
means any shift finishing subsequent to midnight and at or before 0800
hours. Unless specified elsewhere it
will be paid at the rate of time plus 30% of ordinary-time rate of pay.
12.1.4 A 'day'
commences at the starting time of No 1 shift and ends at the finishing time of
No 3 shift (currently 2315 hours).
12.1.5 'Special Shift'
means a period of work other than day work or overtime connected with day work
performed to handle any work other than a Workcover mandated shutdown. Special
Shifts can run for a maximum period of four (4) weeks unless otherwise agreed
between the unions involved and the Company.
12.1.6 "Unit
shutdown and turnaround shift" means a period of work other than day work
or overtime connected with day work performed to effect a Workcover mandated
shutdown, but will not include designated shutting down and starting up rosters
which will be regarded as special shifts.
The designation of rosters as special shifts will be the decision of the
company. There is no limitation on the
duration of rosters formed to effect a Workcover mandated shutdown.
12.2 Special Shifts:
12.2.1 Subject to
sub-clause 12.2.2 of this clause and to their attendance for these shifts,
employees:
(i) transferred
to special shift work; or
(ii) at the
request of the company transfer from one special shift to another special
shift;
will receive a minimum of 15.2 hours pay for each of
the first four afternoon or night shifts for which they are so rostered. Subsequent afternoon and night shifts will
be paid at the rates specified in sub-clause (12.1) of this clause.
12.2.2 When an employee
is transferred from day work to night shift and the transfer is arranged in a
manner which results in the first night shift being worked within twenty-four
hours immediately following his/her commencement of a period of day work,
he/she will receive eight (8) hours pay at ordinary-time rate in addition to
any other payments due to him/her under sub-clause (b) of this clause for the
first night shift.
12.3 Unit Shutdown
and Turnaround Shifts:
An employee may be allocated to a roster to effect a
Workcover mandated shutdown with 48 hours notice of the specified shift on
which he/she is to work and be paid the shift penalties as set out in
sub-clause (1) of this clause. In the
absence of 48 hours notice, the employee is to be paid at overtime rates until
the expiration of the period of notice and then be paid the shift penalties as
set out in the said sub-clause (1).
12.4 General:
12.4.1 When due to a
change of a shift roster an employee is transferred from shift work to day work
with less than 48 hours notice, he/she will be paid for any periods of work
commenced within 48 hours of the time of notification of the roster change at
the rate he/she would have received for the shifts for which he/she was
previously rostered on the same calendar days.
12.4.2 All time worked
on Sundays and No 1 Shift Monday will be paid for at the rate of double time
12.4.3 All overtime
associated with special shifts worked on a Saturday will be paid for at the
rate of double time.
12.4.4 An employee will
receive payment for a normal week for each full week employed, that is, there
will be no less of pay for time scheduled off for the purposes of making shift
changes.
13. Overtime -
Dayworkers
13.1 For all work
done outside ordinary working hours Monday through Friday the rate of pay will
be double ordinary time, such double time to continue until the completion of
the overtime worked.
13.2 An employee
requested to work overtime where the overtime commences prior to normal starting
time will be paid travel time of one (1) hour's pay at ordinary time rate of
pay.
13.3 Rest Period:
13.3.1 Subject to the
succeeding paragraphs when overtime work is necessary it will be so arranged
that the employee has at least ten (l0) consecutive hours off duty between the
work of successive days.
13.3.2 An employee who
works so much overtime between the termination of ordinary work on one day and
the commencement of ordinary work on the next day that they have not had at
least ten (l0) consecutive hours off duty between those times will be released
after completion of such overtime until they have had ten (l0) consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence. Should an employee's 10
hour rest period end within 2 hours of normal ceasing time they will not be
required to report for work on that day.
13.3.3 An employee who
works on a Sunday or a public holiday or a rostered day off and (except for
meal breaks) immediately thereafter continues such work, shall on being
relieved from duty be entitled to be absent until he/she has had ten (10)
consecutive hours off duty, without deduction of pay, for ordinary time of duty
occurring such absence.
13.3.4 If on the
instructions of the Company such an employee resumes or continues work without
having had such ten (l0) consecutive hours off duty they will be paid at double
ordinary time rate of pay until they are released from duty for such period and
they will then be entitled to be absent until they have had ten (l0)
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
13.4 Crib Time:
13.4.1 An employee
working overtime will be allowed a crib time of twenty (20) minutes without
deduction of pay after each four (4) hours of overtime worked if the employee
continues to work after such crib time.
13.4.2 Unless the
period of overtime is less than one and a half (l.5) hours an employee before
starting overtime after working ordinary hours will be allowed a meal break of
twenty (20) minutes which will be paid for at ordinary time rate of pay.
13.4.3 The Company and
an employee may agree to any variation of these provisions to meet the
circumstances of the work in hand.
Such agreement is not to be unreasonably withheld by either party
provided that the Company will not be required to make any payment in respect
of any time allowed in excess of twenty (20) minutes.
13.5 Work on
Rostered Day Off:
An employee called in to work overtime on a rostered
day off will be paid travel time of one (1) hour at ordinary time rate of pay
for each time they are called in, except when they are notified of the
requirement to work overtime on the previous normal working day or earlier.
13.6 Call-In:
The following provisions will apply when an employee is
recalled to work overtime.
13.6.1 Dayworkers ‑
Monday to Friday Inclusive
13.6.1.1 An
employee recalled to work overtime after leaving the Company's premises
(whether notified before, or after, leaving the premises) will be paid for a
minimum of four hours work at the appropriate rate for each time the employee
is so recalled.
13.6.1.2 Unless
unforeseen circumstances arise the employee will not be required to work the
full four hours if the job the employee was recalled to perform is completed
within a shorter period.
13.6.1.3 An
employee who, not having been notified before leaving the Company's premises,
is called back to start work at a time less than four hours before the
commencing time of the employee's ordinary hours of work, and continues working
into the ordinary hours of work, will be paid for a minimum of four hours at
overtime rates in addition to ordinary-time rate occurring during this period.
Thereafter the employee will revert to the rate applicable to ordinary time.
13.6.2 When an employee
is recalled on Saturday or Sunday they will be paid a minimum of four (4) hours
at double time plus one (1) hour at ordinary time rate of pay for travel time.
13.6.3 When an employee
is recalled to work overtime associated with shipping movements at the wharf or
sub berth this recall will be responded to as initially advised and should
circumstances change the decision will be made upon the employee's arrival as
to whether the call-in will be cancelled and the employee released or held in
order to perform the work for which the call-in was initially made.
13.6.4 Notwithstanding
the above provisions, when an employee responds to a call-in at a time after
the ten hour rest break provisions referred to in sub-clause (3) Rest-Period of
this Clause have been met then the employee has the further option of working
until the call-in is completed then continue to work for a period of not less
than eight (8) hours total (including time worked in relation to call-in). On completion of the eight (8) hour work
period, the employee may then elect to:
(i) continue to
work until normal completion time of 3.47pm; or
(ii) leave the
site.
Should an employee elect the option in (ii) above, they
will be paid for time worked in accordance with this Award and the remainder of
the day will be treated as 'excused leave'. Provided further that the option
contained in (ii) above will not be available where an employee responds to a
call-in which commences within four (4) hours of normal commencing time; ie,
from 3.30am onwards.
13.6.5 When an employee
is recalled to work overtime transportation will be provided to and from their
home if they require it.
14. Saturday Work -
Day Workers
14.1 For all work
done on a Saturday the rate of pay will be time and a half for the first two
(2) hours and double time thereafter, except where an employee is required by
the company to work overtime associated with the starting up or shutting down
of units where they will be paid for all overtime worked at the rate of double
ordinary time rate of pay or where payment is made under paragraph (6) (b) of
Clause 13 Overtime - Dayworkers of the Award.
14.2 An employee required
to report for work on a Saturday will be paid for at least four (4) hours at
the appropriate rate for each attendance.
14.3 An employee
required to work on a Saturday will be allowed a crib time of twenty (20)
minutes without deduction of pay after each four (4) hours worked if the
employee continues work after such a crib time, provided that the first
prescribed crib time will if occurring between l000 hours and l300 hours be
paid at ordinary time rate of pay.
14.3.1 The Company and
an employee may agree to any variation of this provision to meet the
circumstances of the work in hand. Such
agreement is not to be unreasonably withheld by either party provided that the
Company will not be required to make any payment in respect of any time allowed
in excess of twenty (20) minutes.
15. Sunday Work - Day
Workers
15.1 For all work
done on a Sunday the rate of pay will be double time, such double time to
continue until the employee is relieved from duty.
15.2 An employee
required to report for work on a Sunday will be paid for at least four (4)
hours at double time for each attendance.
15.3 An employee
required to work on a Sunday will be allowed a crib time of twenty (20) minutes
without deduction of pay after each four (4) hours worked if the employee
continues work after such crib time, provided that the first prescribed crib
time will if occurring between l000 hours and l300 hours be paid at ordinary
time rate of pay.
15.3.1 The Company and
an employee may agree to any variation of this provision to meet the
circumstances of the work in hand. Such
agreement is not to be unreasonably withheld by either party provided that the
Company will not be required to make any payment in respect of any time allowed
in excess of twenty (20) minutes.
16. Cancellation of
Overtime, Holiday and Weekend Work - Day Workers
16.1 If notice
cancelling a previous instruction to work overtime on a weekday is given to an
employee before they leave the work place, a penalty payment will not be
payable.
16.1.1 If notice
cancelling a previous instruction to work overtime on a holiday as prescribed
in Clause 21 of this award or to work during a weekend is given to an employee
before they leave the work place at least on no shorter notice than the day
before they were scheduled to work, a penalty payment will not be payable.
16.2 If notice
cancelling the instruction is sent, or telephoned, to the employee's registered
address before they would normally have left to commence work, they will be
paid a minimum of:
(i) two hours at
ordinary time rate in the case of weekday overtime work cancellation; and
(ii) four hours at
ordinary time rate in the case of weekend work, or holiday work, cancellation.
An additional penalty will not be payable if the employee
is not at their registered address when notice of cancellation is delivered, or
telephoned, and they subsequently report for work.
16.3 If notice of
cancellation provided in sub‑clause (2) hereof is not delivered, or
telephoned, to the employee's registered address at least one hour before they
would normally leave to commence work and the employee would normally be
expected to have a meal at the work place during the period of overtime now
cancelled, they will be entitled to a meal allowance as set out in Item 1 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
16.4 For the purpose
of this clause "registered address," means the address recorded by
the Company.
17. Call-in Roster
Payment
17.1 An adult
employee covered by this Award who is included on the Call‑In Roster
which is maintained by the Company, showing the employees at its Kurnell
Refinery who are willing to be rostered and available for Call-In will, in
consideration of making themselves available for Call-In for seven (7)
consecutive days in a thirty-five (35) consecutive day period, be paid, each
week, a payment equal to 3.75% of the rate for either a Mechanical Technician
L1 or E&I Technician Level 1 (relevant to their trade) as prescribed in
Clause 4 WAGES of this Award, that is
Call In Roster Payment - As set out in Item 4 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
17.2 The said
payment will be taken into account for the purpose of calculation of overtime,
shift premiums, and other prescriptions of this Award.
17.3 In addition to
the above payment, an employee who is included on the Call-In Roster will have
their telephone rental reimbursed by the Company.
17.4 Each employee
will be advised of the conditions concerning the operation of the Call‑In
Roster at the time of their application for inclusion thereon. These conditions will not be altered by the
Company without seven days notice of such change to the employee, or employees,
concerned.
17.5 An employee who
fails to respond to a call-in on three (3) separate occasions without
satisfactory excuse will be removed from the call-in roster and their on-call
roster payment discontinued.
18. Annual Leave
18.1 Annual Holidays Act 1944 as amended.
18.2 During a period
of Annual Leave a daywork employee will receive a loading of 22.5% calculated
on the wage rate at which they proceed on Annual Leave.
18.3 Where the
employment of an employee is terminated, and at the time of the termination the
employee has not been given and has not taken the whole of an annual holiday to
which he/she became entitled, he/she will be paid a loading calculated in
accordance with sub-clause 18.2 for the period not taken.
19. Long Service
Leave
Long Service Leave will be in accordance with the Long Service
Leave (Oil Companies) Award 2000.
20. Sick Leave
20.1 An employee who
is absent from work on account of personal illness or incapacity will be
entitled to leave of absence without deduction of pay subject to the following
conditions and limitations:
20.1.1 They are not
entitled to paid leave of absence for any period in respect of which they are
entitled to weekly Workers' Compensation payments;
20.1.2 Where
practicable, they are to notify the nominated representative of the Company
prior to the commencement of their next period of work, and in any case they
will, within twenty‑four hours of the commencement of such absence,
inform the Company of their inability to attend for duty and, as far as
practicable, state the nature of the illness or incapacity and the estimated
duration of the absence;
20.1.3 They will
substantiate to the Company they were unable, on account of such illness or
incapacity, to attend for duty on the day or days for which sick leave is
claimed;
20.1.4 They will not be
entitled in respect of any year of service with the Company to leave in excess
of five days in their first year of service and eight days in any subsequent
year of service;
20.1.5 Sick leave
accumulates from year to year so that any balance of the period specified
herein which has in any year, not been allowed to an employee by the Company as
paid sick leave may be claimed by the employee and, subject to the conditions
herein before prescribed will be allowed by the Company, in a subsequent year,
without diminution of the sick leave prescribed in respect of the year.
20.1.6 Sick leave which
accumulates pursuant to this paragraph will be available to the employee for a
maximum period of twelve years from the end of the year in which it accrues.
20.2 An employee
will not be entitled to sick leave for more than two absences, each of a single
day, in any one year of service without the production (as requested by the
Company) of a certificate from a qualified medical practitioner. Nothing in this sub‑clause limits the
Company's rights under paragraph (1)(c) hereof.
21. Holidays
21.1 Employees on
weekly hiring are entitled to the following holidays without deduction of pay:
New Year's Day, Australia Day, Good Friday, Easter
Monday, Anzac Day, Queen's Birthday, Eight Hour Day (or Labour Day) Christmas
Day, Boxing Day and any other day proclaimed as a holiday throughout the State.
21.2 In addition to
the holidays prescribed in sub‑clause (1) of this Clause two additional
holidays will apply to an employee on weekly hire, such holidays to be:
(i) Easter
Tuesday.
(ii) the first
Monday in December each year as a Picnic Day.
21.3 For all work
performed on the holidays prescribed herein the following provisions apply;
21.3.1 When an employee
is required to work on any holiday they will be paid at the rate of double time
to continue until they are relieved from duty and will have the following time
added to their Annual Leave:
21.3.1.1 Less
than four (4) hours worked on any Holiday
four (4) hours added to their Annual Leave.
20.3.1.2 Four
(4) hours or more worked on any Holiday
one (1) day added to their Annual Leave.
20.4 Where an
employee is absent from their employment on the working day before or the
working day after a holiday without excuse or without the consent of the
Company, the employee will not be entitled to payment for such holiday.
22. Settlement of
Disputes Or Claims
22.1 Disputes or
claims will first be raised with the appropriate team.
22.2 If the matter
is not settled within a reasonable time it will be referred to a team work
coach and appropriate union delegate(s)
22.3 If the matter
is still not resolved it will then be raised with the Maintenance Manager
22.4 If not resolved
it will be raised with a Human Resources representative and a union organiser
may become involved
22.5 In the event of
no resolution the matter may be referred to the Industrial Relations Commission
of NSW
22.6 Until the matter
is resolved work will continue as normal. No party will be prejudiced as to the
final settlement by the continuance of work in accordance with this sub-clause
23. Daylight Saving
23.1 The length of
any shift:
(i) commencing
before the time prescribed by the relevant legislation for the commencement of
a summer time period, and
(ii) commencing on
or before the time prescribed by such legislation for the termination of a
summer time period
will be deemed to be the number of hours represented by
the difference between the time recorded by the clock at the beginning of the
shift and the time so recorded at the end thereof.
24. Meal Breaks
No employee will work more than five (5) hours without a
break for a meal.
25. Licence Fees
25.1 Where an employee
is required by law to obtain a special licence to operate special equipment,
the licence fee for such licence will be reimbursed by the Company.
25.2 Where an
employee who does not have an ordinary driving licence is required to obtain
one for the performance of their work, the Company will pay for the first
year's licence fee.
26. Parental Leave
Parental Leave will be in accordance with the Industrial Relations Act, 1996.
27. Personal
Development
All employees will be formally appraised by their Team
Leader or another person, as agreed between the employee and the Maintenance
Manager or designate. The object of this process is to set performance
objectives, discuss training requirements and personal development issues. The
process will also involve discussing individual strengths and weaknesses to
help employees improve their performance. These reviews will be carried out on
a regular basis - at least annually. This process will not be used for disciplinary
purposes.
28. Travelling and
Board
28.1 An employee who
is required to work temporarily at a job away from their accustomed workplace
will, at the direction of the Company, present themself for work at such job at
the correct starting time. For all time spent in reaching and returning from
such job (in excess of the time normally spent in travelling from home to the
accustomed workplace and returning) they will be paid travelling time, and also
any fares reasonably incurred in excess of those normally incurred in
travelling between their home and such workplace.
28.2 An employee
sent from their usual locality to work temporarily in another and who is
required to obtain accommodation away from their usual place of abode will be
paid:
28.2.1 fares from and
back to their usual locality;
28.2.2 Expenses
reasonably incurred while so absent from their usual locality; alternatively
they will be provided with meals and accommodation;
28.2.3 travelling time
while necessarily travelling between such localities.
28.3 The rate of pay
for travelling time will be the employee's ordinary time rate, except on
Sundays and holidays when it will be time and a half.
28.4 The maximum
travelling time to be paid will be twelve hours out of every 24 hours, or when
sleeping berth is provided by the Company for all night travel, eight hours out
of every 24 of such travelling.
28.5 The above
provisions will not apply in situations where an employee is requested to
attend training courses or seminars, which involve overseas travel. In these
cases, the provisions of the Company's Personnel Policies will be applied.
29. Union
Representation
29.1 An employee
appointed Union delegate will, upon notification by the relevant Union to the
Company, be recognised as the authorised representative of that Union and,
provided he/she obtains the permission of his/her supervisor, on each occasion
before leaving the job, will be allowed the necessary time during working
hours, to interview a representative of the Company or members of that Union on
matters affecting employees whom they represent.
29.2 Where a Union
delegate is required to attend an Industrial Relations Commission hearing
arising out of a dispute in respect of this Award and provided:
(i) the settlement
of disputes procedure has been followed with no stoppage of normal work; and
(ii) the Company
is satisfied that the delegate's attendance will contribute to the proper
conduct of proceedings;
the delegate will be granted the necessary leave, without
loss of ordinary pay, to attend the hearing. Provided further that the number
of delegates is limited to two from the one Union if only that Union is
involved, and limited to one from each Union if more than one Union is
involved.
30. Trade Union Training
Leave
30.1 An employee
appointed Union delegate with more than twelve (12) months continuous service,
upon application in writing and with the approval of his/her Union, will be
granted leave to attend approved courses, subject to the following:
30.1.1 The leave is
confined to a maximum of four (4) employees per annum.
30.1.2 The maximum
period of leave per annum is to be 20 days; i.e., five days per employee. Leave is non-cumulative and non-transferable
between employees.
30.1.3 The timing of
releasing an employee is to have proper regard to the needs of the Company so
as to ensure the least possible effect of the employee's absence on the
Company's business.
30.1.4 The course is to
be relevant to the employee.
30.1.5 A minimum of six
weeks notice is to be given to the Company of intention to attend the course.
30.1.6 The Company is
to be advised and consulted as to the nature and content of the course.
30.1.7 All expenses
(such as travel, accommodation and meals) associated with or incurred by the
employee attending the course will be the responsibility of the employee or the
Union.
30.1.8 In the event a
scheduled rostered day off falls within a period of leave approved pursuant to
this clause, no alternative day off will be substituted in lieu.
30.1.9 Each employee on
leave approved in accordance with this clause, will be paid all ordinary time
earnings.
31. Safety Equipment
31.1 The Company
will provide free of cost to the employee all things necessary in a clean and hygienic
condition for the reasonable protection of the employee from injury. Equipment
will be replaced by a new issue as required on production of the worn out
items. Such items remain the property of the Company and will not be removed
from the Company's premises.
31.2 Where safety
equipment is provided because of either statutory regulation or Company
standards, such equipment must be worn.
32. Tools
The Company will provide tools and such tools will remain
the property of the Company. An employee will replace, or pay for, any tools so
provided if lost, or damaged, through his/her negligence.
33. Union Notice
Board
The Company will provide a notice board of reasonable
dimensions with a glass front and lock to be erected in a prominent position
upon which the accredited Union representative will be permitted to post formal
Union notices signed or countersigned by the representatives posting same. Any notices posted on such board not so
signed or countersigned may be removed by an accredited Union representative or
by the Company.
34. Bereavement Leave
34.1 An employee
will be entitled to up to three days bereavement leave without deduction of pay
on each occasion of the death of a person prescribed in subclause (3) of this
clause.
34.2 The employee
must notify the Company as soon as practicable of the intention to take
bereavement leave and will, if required by the Company, provide to the
satisfaction of the Company proof of death.
34.3 Bereavement
leave will 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
subparagraph (ii) of paragraph (c) of subclause (1) of Clause 36 -
Personal/Carer’s Leave Case, provided that for the purpose of bereavement
leave, the employee need not have been responsible for the care of the person
concerned.
34.4 An employee
will not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
34.5 Bereavement
leave may be taken in conjunction with any other leave available under
subclauses 36(2), 36(3), 36(4), 36(5) and 36(6) of Clause 36 - Personal/Carer’s
Leave. In determining such a request the Company will give consideration to the
circumstances of the employee and the reasonable operational requirements of
the business.
35. Jury Service
Subject to the production of satisfactory evidence, an
employee required to be absent from work due to jury service will be reimbursed
by the Company for any loss of wages to the extent of the difference between
the amount he/she received for attendance on jury service and the ordinary time
rate of pay during such absence.
36. Personal/Carer’s
Leave
36.1 Use of Sick
Leave:
36.1.1 An 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, will be entitled
to use, in accordance with this subclause, any current or accrued sick leave
entitlement, provided for in clause 20, 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.
36.1.2 The employee
will, 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 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.
36.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
36.1.3.1 the
employee being responsible for the care of the person concerned; and
36.1.3.2 the
person concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
1. 'relative'
means a person related by blood, marriage or affinity;
2. 'affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. 'household' means
a family group living in the same domestic dwelling.
36.1.4 An employee
will, 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 will notify the Company by telephone of such absence at the first
opportunity on the day of absence.
36.2 Unpaid leave
for family purpose:
36.2.1 An employee may
elect, with the consent of the Company, to take unpaid leave for the purpose of
providing care and support to a class of person set out in subparagraph (ii) of
paragraph (c) of subclause (1) who is ill.
36.3 Annual Leave:
36.3.1 An employee may
elect with the consent of the Company, 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.
36.3.2 Access to annual
leave, as prescribed in paragraph (a) of this subclause, will be exclusive of
any shutdown period provided for elsewhere under this award.
36.3.3 An employee and
the Company 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.
36.4 Time off in
lieu of payment for overtime:
36.4.1 An employee may
elect, with the consent of the Company, to take time off in lieu of payment for
overtime at a time or times agreed with the Company within 12 months of the
said election.
36.4.2 Overtime taken
as time off during ordinary time hours will be taken at the ordinary time rate,
that is an hour for each hour worked.
36.4.3 If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates will be made at the expiry of the 12 month period or on termination.
36.4.4 Where no
election is made in accordance with the said paragraph (a), the employee will
be paid overtime rates in accordance with the award.
36.5 Make-up time:
An employee may elect, with the consent of the Company,
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.
36.6 Rostered Days
Off:
36.6.1 An employee may elect,
with the consent of the Company, to take a rostered day off at any time.
36.6.2 An employee may
elect, with the consent of the Company, to take rostered days off in part day
amounts.
36.6.3 An employee may
elect, with the consent of the Company, 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 Company and employee, or subject to reasonable notice by the
employee or the Company.
36.6.4 This subclause
is subject to the Company informing each union which is both a 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.
37.
Anti-Discrimination
37.1 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.
37.2 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.
37.3 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.
37.4 Nothing in this
clause is to be taken to affect:
37.4.1 Any conduct or
act which is specifically exempted from anti-discrimination legislation;
37.4.2 Offering or
providing junior rates of pay to persons under 21 years of age;
37.4.3 under section
56(d) of the Anti-Discrimination Act
1977;
37.4.5 A party to this award
from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
37.5 This clause
does not create legal rights or obligations to those imposed upon the parties
by the legislation referred to in this clause.
NOTES:
37.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation
37.7 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".
38. Redundancy
38.1 Notwithstanding
anything else contained elsewhere in this clause, this clause shall not apply
to employees with less than one year’s continuous service, and the general
obligation on the Company shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
38.1.1 Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of apprentices or employees engaged for a specific period of time or for a
specified task or tasks or where employment is terminated due to the ordinary
and customary turnover of labour.
38.2 Introduction of
Change:
38.2.1 Company’s duty
to notify:
(a) Where the
Company has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the Company shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the Company’s workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
38.2.2 Company’s duty
to discuss change:
(a) The Company
shall discuss with the employee’s affected and the union to which they belong, inter
alia, the introduction of the changes referred to in 38 (3) (i) (a), the
effects the changes are likely to have on employees and measures to avert or
mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and / or the union in
relation to the changes.
(b) The discussions
shall commence as early as possible after a definite decision has been made by
the employer to make the changes referred to in 38 (3) (i) (a).
(c) For the purposes
of such discussions, the Company shall provide to the employees concerned and
the union to which they belong all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees provided
that the Company shall not be required to disclose confidential information the
disclosure of which would adversely affect the company.
38.3 Redundancy:
38.3.1 Discussions
before terminations:
(a) Where the
Company has made a definite decision that the Company no longer wishes the job
the employee has been doing by anyone pursuant to 38 (3) (i) (a), and that
decision may lead to the termination of employment, the Company shall hold
discussions with the employees directly effected and with the union to which
they belong.
(b) The discussion
shall take place as soon as is practicable after the Company has made a
definite decision which will invoke the provisions of 38 (iii) (a) (I) and
shall cover, inter alia, any reasons for the proposed terminations, measures to
avoid or minimise the terminations and measures to mitigate any adverse effects
of any termination of the employees concerned.
(c) For the
purposes of the discussion the Company shall, a soon as practicable, provide to
the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be affected,
and the number of employees normally employed and the period over which the
terminations are likely to be carried out. Provided that the Company shall not
be required to disclose confidential information the disclosure of which would
adversely affect the Company.
38.4 Termination of
Employment:
38.4.1 Notice for
Changes in Production, Programme, Organisation or Structure:
(a) The notice
provisions to be applied to terminations by the employer for reasons arising
from changes in production, programme, organisation or structure shall be the
same as that provided in Clause 6 Contract of Employment.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
38.4.2 Notice for
Technological Change:
This subclause sets out the notice provisions to be
applied to terminations by the company for reasons arising from
"technology" in accordance with 38.2.1 (a)
(a) In order to
terminate the employment of an employee the company shall give to the employee
3 months notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not given.
Provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the company for the purposes of long service leave and annual leave.
38.4.3 Time off during
the notice period:
(a) During the
period of notice of termination given by the company an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of 5 weeks, for the purposes of seeking other employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purposes of seeking other employment, the employee shall, at the request of
the company, be required to produce proof of attendance at n interview or the
employee shall not receive payment for the time absent.
38.4.4 Employee leaving
during the notice period:
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the company until the expiry of such notice. Provided that in
such circumstances the employee shall not be entitled to payment in lieu of
notice.
38.4.5 Statement of
Employment:
The company shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
38.4.6 Employment
Separation Certificate:
The company shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form provided by
Centrelink.
38.5 Severance Pay:
38.5.1 Amounts
Where an employee is to be terminated pursuant to
subclause 38.4 the company shall pay the following severance pay in respect of a
continuous period of service:
(a) If an employee
is under 45 years of age, the company shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of
Age
|
|
Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) "Weeks
pay" means the all purpose rate for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances.
38.5.2 Incapacity to
pay:
Subject to an application by the company and further
order of the Industrial Relations Commission, the company may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 38.5.1
above.
The Commission shall have regard to such financial and
other resources of the company as the Industrial Relations Commission thinks
relevant, and the probable effect paying the amount of severance pay in
subclause 38.5.1 above will have on the company.
38.5.3 Alternative
Employment
Subject to an application by the company and further
order of the Industrial Relations Commission, the company may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 38.5.1
above if the company obtains acceptable alternative employment for an employee.
39. Area, Incidence
and Duration
39.1 This award
shall apply to maintenance employees employed by Caltex Refineries (NSW) Pty
Ltd, at the Caltex Kurnell Refineries, Solander Street Kurnell, NSW.
39.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Ampol
Refineries (NSW) Pty Ltd Maintenance Award 1995 published 19 April 1996 (292
I.G. 27) and the Ampol Refineries (NSW) Pty Limited Electrical and Instrument
Trade Award 1995 published 23 February 1996 (290 I.G. 1023) and all variations
thereof.
39.3 The awards
published 19 April 1996 and 23 February 1996 took effect from the beginning of
the first pay period to commence as below:
Ampol Refineries (NSW) Pty Ltd Maintenance Award 1995-
November 8 1995
Ampol Refineries (NSW) Pty Limited Electrical and
Instrument Trade Award 1995 - February 13 1999;
And the variations thereof incorporated herein on the
dates set out in the attached Schedule A.
39.4 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 IG 307) are
set out in the attached Schedule B and take effect on 18 July 2001
39.5 The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
Schedule A
Ampol Refineries (NSW) Pty Ltd Maintenance Award 1995
Award and Variations Incorporated
Clause
|
Award/Variation
|
Date of Publication
|
Date of Taking
Effect
|
Industrial
|
|
Serial No.
|
|
|
Gazette
|
|
|
|
|
Vol Page.
|
Award
|
IRC 95/2326
|
19 April 1996
|
November 8, 1995
|
292
|
27
|
|
B4037
|
|
|
|
|
State
|
IRC 96/2
|
27 March 1997
|
30 August 1996
|
297
|
669
|
Personal/Carer’s
|
B4930
|
|
|
|
|
Leave Case
|
|
|
|
|
|
Agreement for
|
IRC 96/5117
|
16 May 1997
|
26 September 1996
|
298
|
556
|
Alternative
|
B5211
|
|
|
|
|
Remuneration
|
|
|
|
|
|
Arrangement
|
|
|
|
|
|
Interim Salary
|
IRC 97/5257
|
7 August 1998
|
21 September 1997
|
306
|
101
|
Arrangement
|
B6244
|
|
|
|
|
State
|
IRC 96/2
|
29 October 1999
|
10 December 1998
|
311
|
999
|
Personal/Carer’s
|
B7286
|
|
|
|
|
Leave re
|
|
|
|
|
|
Bereavement
|
|
|
|
|
|
Leave
|
|
|
|
|
|
Insertion of
|
IRC 99/1915
|
18 February 2000
|
|
313
|
556
|
standard anti-
|
B7726
|
|
|
|
|
discrimination
|
|
|
|
|
|
clause
|
|
|
|
|
|
Schedule A
Ampol Refineries (NSW) Pty Limited Electrical and Instrument Trade
Award 1995
Award and Variations Incorporated
Clause
|
Award/Variation
|
Date of Publication
|
Date of Taking
|
Industrial
|
|
Serial No.
|
|
Effect
|
Gazette
|
|
|
|
|
Vol Page.
|
Award
|
IRC 95/1925
|
23 February 1996
|
20 September 1995
|
290
|
1023
|
|
B3987
|
|
|
|
|
Wages
|
IRC 96/1906
|
29 November 1996
|
1 August 1996
|
295
|
1192
|
|
B4666
|
|
|
|
|
State
|
IRC 96/2
|
13 June 1997
|
30 August 1996
|
298
|
1344
|
Personal/Carer’s
|
B4960
|
|
|
|
|
Leave Case
|
|
|
|
|
|
Agreement for
|
IRC 96/5680
|
25 July 1997
|
8 November 1996
|
300
|
193
|
Alternative
|
B5389
|
|
|
|
|
Remuneration
|
|
|
|
|
|
Arrangement
|
|
|
|
|
|
Interim Salary
|
IRC 97/5257
|
7 August 1998
|
21 September 1997
|
306
|
99
|
arrangement
|
B6243
|
|
|
|
|
State
|
IRC 96/2
|
29 October 1999
|
10 December 1998
|
311
|
1000
|
Personal/Carer’s
|
B7283
|
|
|
|
|
Leave re
|
|
|
|
|
|
Bereavement
|
|
|
|
|
|
Leave
|
|
|
|
|
|
Insertion of
|
IRC 99/1915
|
18 February 2000
|
|
313
|
554
|
standard anti-
|
B7725
|
|
|
|
|
discrimination
|
|
|
|
|
|
clause
|
|
|
|
|
|
Schedule B
Changes Made on Review
Date of Effect: 18 July 2001
Provisions Modified:
Award
|
Clause
|
Previous Form of
|
|
|
Clause Last
|
|
|
Published at
|
|
|
IG Vol. Page
|
Ampol Refineries (NSW) Pty Ltd Maintenance
|
1. Basic wage
|
292
|
27
|
Award 1995
|
|
|
|
Ampol Refineries (NSW) Pty Ltd Maintenance
|
2. Achievement of aims
|
292
|
27
|
Award 1995
|
|
|
|
Ampol Refineries (NSW) Pty Ltd Maintenance
|
5. Definitions
|
292
|
27
|
Award 1995
|
|
|
|
Ampol Refineries (NSW) Pty Limited Electrical
|
1. Basic Wage
|
290
|
1023
|
and Instrument Trade Award, 1995
|
|
|
|
|
Ampol Refineries (NSW) Pty Limited Electrical
|
2. Achievement of Aims
|
290
|
1023
|
|
and Instrument Trade Award, 1995
|
|
|
|
|
Caltex / Kurnell Maintenance Award
|
38. Redundancy
|
|
|
|
|
|
|
|
|
|
Provisions Removed:
Award
|
Clause
|
Previous Form of
Clause
|
|
|
Last Published at
|
|
|
IG Vol. Page
|
Ampol Refineries (NSW) Pty Ltd Maintenance
|
4A Interim Salary
|
292
|
27
|
Award 1995
|
Arrangement
|
|
|
Ampol Refineries (NSW) Pty Limited Electrical
|
4A Interim Salary
|
290
|
1023
|
and Instrument Trade Award, 1995
|
Arrangement
|
|
|
(3) Rescinded
Obsolete Awards Related to this Review: Nil
PART B
MONETARY RATES
Table 1 - Wages
|
Per Week
|
|
$
|
Electrical and Instrument Technician L1
|
782.70
|
Electrical and Instrument Technician L2
|
860.20
|
Electrical and Instrument Technician L2A
|
887.60
|
Electrical and Instrument Technician L3
|
905.30
|
Electrical and Instrument Technician L4
|
933.10
|
Multi-Skilled Electrician L1
|
782.70
|
Multi-Skilled Electrician L2
|
860.20
|
Mechanical Assistant
|
643.60
|
Mechanical Technician Level 1
|
734.20
|
Mechanical Technician Level 2
|
780.80
|
Mechanical Technician Level 3
|
812.00
|
Resources Coordinator
|
780.80
|
Table 2 - Other Rates and Allowances
Item No
|
Clause No
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
9.1, 9.2 and 16.3
|
Meal Allowance
|
8.90
|
2
|
10
|
Boarding Allowance
|
18.10
|
3
|
11.2
|
Car Allowance
|
20.00
|
4
|
17.1
|
Call-in Roster Payment (E&I)
|
29.40
|
|
|
Call-in- Roster Payment (Mechanical)
|
27.50
|
SCHEDULE A
Overtime Meal Allowance
Any employee required to work overtime will be paid a meal allowance,
in accordance with the following schedule:
Meals Allowance
|
|
Up To And
|
More Than 24
|
Overtime Worked
|
Including
|
Hours Notice
|
|
24 Hours
|
|
|
Notice
|
|
1. More Than 4 Hours Immediately Prior To Normal Shift
|
$26.70
|
$26.70
|
2. Up To 4 Hours Immediately Prior To Normal Shift
|
$17.80
|
$8.90
|
3. Up To 1½ Hours Or Less Immediately Following Normal
Shift
|
No Allowance
|
No Allowance
|
4. Between 1½ And 4 Hours Immediately Following Normal
Shift
|
$8.90
|
$8.90
|
|
5. More Than 4 Hours Immediately Following Normal Shift
|
$17.80
|
$17.80
|
|
6. Up To 4 Hours On Call Out. Is Then Released From Duty
|
No Allowance
|
No Allowance
|
|
7. Between 4 And 8 Hours On Call Out. Is Then Released
From Duty
|
$8.90
|
$8.90
|
|
8. Between 8 And 12 Hours On Call Out. Is Then Released From Duty
|
$17.80
|
$17.80
|
|
9. More Than 12 Hours On Call Out. Is Then Released From Duty
|
$26.70
|
$26.70
|
|
|
|
|
|
|
APPENDIX 1
Record Of Agreement Between Caltex Refineries (Nsw) Pty Ltd
And (Name Of Employee) For An Alternative Remuneration Arrangement Under Clause
4(3) Of The Caltex / Kurnell Maintenance Award.
Caltex and (name of employee) hereby agrees as follows:
1.
(a) (Name of
employee) will be paid as a weekly wage an amount which is ____ % less than the
weekly rate prescribed by clause 4 and Part B, Table 1 - Wages of the award in
order to enable Caltex to make a superannuation contribution for the employee’s
benefit; and,
(b) (Name of
employee) will be paid as a weekly wage an amount which is a further $____ less
than the weekly rate prescribed by clause 4 and Part B, Table 1 - Wages of the
award in order to enable Caltex to make an additional superannuation
contribution for the employees benefit.
Note: Delete
1(b) where not applicable
2. The amount
(s) identified in 1 above will be paid by Caltex as a contribution for the
benefit of (name of employee) to the Australian Petroleum Superannuation Fund.
3. This
agreement will take effect from (date) and has effect in accordance with and
subject to clause 4(5) of the award.
Dated: (Set out Date)
Signed for and on behalf of Caltex Refineries (NSW) Pty Ltd.
…………………………….
(Name Printed)
…………………………….
Position
Signed by Employee:
……………………………..
(Name of Employee
……………………………..
Classification
These variations take effect from ___________________
F. MARKS J.
____________________
Printed by
the authority of the Industrial Registrar.