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New South Wales Industrial Relations Commission
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CALTEX/KURNELL MAINTENANCE AWARD
  
Date05/31/2002
Volume333
Part5
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0879
CategoryAward
Award Code 757  
Date Posted05/29/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(757)

SERIAL C0879

 

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.

 

 

 

 

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