CSR LTD TRADING AS THE READYMIX GROUP SYDNEY QUARRIES NO.3 (STATE) AWARD
1998
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1002 of 2001)
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Before Commissioner
Patterson
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21 June 2001
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REVIEWED AWARD
CONTENTS
Clause No. Subject Matter
1. Title Of
Award
2. Arrangement
3. Parties
To The Award
4. Relationship
To Parent Award
5. Term Of
The Award
6. No Extra
Claims
7. Review Of
Award
8. Aims And
Objectives Of The Award
9. Communication
10. Disputes
Procedure
10a. Anti-Discrimination
11. The First
And Second Enterprise Award
12. Stages Of
This Award
13. Business
Unit
14. Hours Of
Work
15. Electronic
Funds Transfer
16. Meal Allowances
17. Rest
Period After Overtime
18. Redundancy
19. Annualised
Salaries
20. Casual
Employees
21. Increased
Flexibilities
22. Team Work
23. Wage
adjustments
ANNEXURE "A
1.
Title of Award
This award shall be known as CSR Ltd trading as The Readymix
Group Sydney Quarries No. 3 (State) Award 1998.
2.
Arrangement
This award shall apply at all quarrying sites operated by
CSR LTD trading as The Readymix Group - Sydney Quarries Division (as set out in
Annexure "A") in respect of employees covered by the Quarrying
Industry (State) Award.
3.
Parties to the Award
This award shall be binding on:
(a) CSR Ltd
trading as The Readymix Group at all Sydney Quarries Division quarrying sites
as set out in Annexure "A" to this award (hereafter "the
company").
(b) The
organisations of employees known as:
I. The
Australian Workers' Union, New South Wales
II. Federated
Clerks' Union of Australia, New South Wales Branch.
(c) All employees
who are engaged in any of the classifications specified in the Quarrying
Industry (State) Award, excluding mechanical fitters.
4.
Relationship to Parent Award
1. This award
shall be read in conjunction with the Quarrying Industry (State) Award
(hereafter the "parent award").
2. Where there
is any inconsistency between the "parent" award and this award, this
award shall prevail to the extent of any inconsistency.
5.
Term of the Award
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
replaces the CSR Ltd Trading as The Readymix Group Sydney Quarries No.3 (State)
1998 published on 18 June 1999 (309 I.G. 824) and all variations thereof.
The award published on 18 June 1999 took effect from the
first full pay period commencing on or after 2 July 1998.
The changes made to the award pursuant to section 19(6) of
the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take
effect on and from 21 June 2001.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
6.
No Extra Claims
Except for general movements in award wages granted by the
Industrial Relations Commission of New South Wales via State Wage Cases, that
are not subject to absorption, there shall be no further claims for wage
increases during the term of this award.
7.
Review of Award
The parties agree to review this award no later than 3
months prior to the end of its term. In
the context of this review, the parties shall examine both the operation of the
award and the possibilities of entering into a further award.
8.
Aims and Objectives of the Award
1. Aims
The parties to this award are committed to continue
improvements in productivity, efficiency and flexibility which in turn will
significantly increase the company’s competitiveness and offer secure and
worthwhile employment for employees.
The company business needs to continue to improve and
grow so that it becomes competitive.
The company has developed a vision of the type of
business it wants and the elements necessary to transfer that vision to a
reality.
The critical elements are:
(a) A Customer
Service Focus
(b) Safe and
Rewarding Work
(c) Continuous
Improvement
(d) Employee
Participation
(e) Improved
Competitiveness
(f) Removal of
Artificial Barriers
(g) Increase job
Security
2. Objectives
(a) To improve the
efficiency and productivity of the company by ensuring management and labour practices
are more closely attuned to current and future needs and objectives of the
company.
(b) To develop an
environment of continuous improvement which is conducive to a flexible work
organisation able to respond to changing demands in the market place.
(c) To provide a
climate for employees to develop a broader range of skills thereby maximising
rewards to employees and security of employment.
(d) To benchmark
other organisations that are leaders in the field of increased efficiency and
productivity and where appropriate utilise this information in implementing
change.
9.
Communication
All employees the subject of this award may be required to
attend a communication session to inform employees of the contents and
requirements of this award.
10. Disputes
Procedure
1. A procedure
for the avoidance of industrial disputes and employee grievances shall apply at
all sites covered by this award.
2. The
objectives of the procedure shall be to promote the resolution of disputes /
grievances by measures based on consultation, co-operation and discussion, to
reduce the level of industrial confrontation and to avoid interruption to the
performance of work and the consequential loss of production and wages.
3. Any employees
or delegates should obtain permission from their manager or supervisor prior to
leaving their workstation to consult with the employer. Such permission shall not be unreasonably
withheld. All union business, in
relation to this procedure, shall be conducted by the employee in the employer’s
time.
4.
(A) Procedures
relating to grievances of individual employees
I. The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
II. A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
III. Reasonable
time limits must be allowed for discussion at each level of authority.
IV. At the
conclusion of the discussion, the employer must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
V. While a
procedure is being followed, normal work must continue.
VI. If they so
chose the employee may be represented by an industrial organisation of
employees.
(B) Procedures
relating to disputes etc., between employers and their employees.
I. A question,
dispute or difficulty must initially be dealt with as close to its sources as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
II. Reasonable
time limits must be allowed for discussion at each level of authority.
III. While a
procedure is being followed, normal work must continue.
IV. The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
5. There shall
be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest
possible advice by one party to the other of any issue or problem which may
give rise to a grievance or dispute.
6. Reasonable
time limits shall be allowed for the completion of the various stages of the
discussions. At least seven days should
be allowed for all stages of the discussions to be finalised.
7. Emphasis
shall be placed on a negotiated settlement.
However, if the negotiation process is exhausted without the dispute
being resolved, the parties shall jointly or individually refer the matter to
the Industrial Relations Commission of New South Wales for assistance in
resolving the dispute.
8. In order to
allow for the peaceful resolution of grievances and disputes the parties shall
be committed to avoid industrial action including, stoppages of work, lock-outs
or any other bans or limitations on the performance of work while the above
procedure is being followed.
9. The employer
shall ensure that all practices applied during the operation of the procedure
are in accordance with their obligations under the Occupational Health and Safety Act 1983 (NSW) and consistent with
established custom and practice at the workplace.
10A.
Anti-Discrimination
(i) 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 carer’s responsibilities.
(ii) 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.
(iii) 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.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
11.
The First and Second Enterprise Award
The parties to this award agree that the output and
improvements made from the first award known as; "CSR Ltd Trading As The
Readymix Group Sydney Construction Products And Country Divisions Quarries
Enterprising Bargaining Framework Award 1994" (hereafter the "first
award") and the CSR T/A The Readymix Sydney Quarries Enterprise Agreement
No. 2 (State Award 1997 shall be the starting point from which further
improvements are to be made consistent with the terms of this award. The parties will ensure that the commitments
and requirements arising from the first award are met.
12.
Stages of This Award
This award shall comprise of 3 stages:
Stage 1:
Upon ratification of this award a 5% wage increase shall
be paid to employees the subject of this award. This increase is inclusive of the 2% safety net payment contained
in the second award.
Stage 2:
12 months after ratification of this award a further 5%
wage increase.
Stage 3:
24 months after ratification of this award a further 5%
wage increase.
13.
Business Unit
The business units are set out in Annexure "A" to
this award.
14.
Hours of Work
(i) Not
withstanding alternate agreed arrangements at Prospect Quarry, the ordinary
spread of hours shall be from 6.00 am to 6.00 pm Monday to Friday, inclusive.
(ii) Starting
times fixed in accordance with the spread of ordinary hours in sub-clause (i)
above may be varied by the employer to suit the needs of the business.
(iii) Should the
employer seek to alter the start times by utilising the period between 6.00am
to 6.30am, such alternation shall be by agreement of the majority of employees
concerned.
15.
Electronic Funds Transfer
Payment of wages shall be paid weekly by Electronic Funds Transfer
into an account/s nominated by the employee.
16.
Meal Allowances
(i) An employee
who is required to work overtime for more than 2 hours beyond the cessation of
the employees ordinary hours of work for that day, shall be paid a meal
allowance of $8.60. This allowance
shall be paid after every 4 additional hours of overtime worked on any one day.
(ii) Subclause (i)
of this clause is in lieu of clause 4.7 (overtime) subclause (4) Cribs (a) of
the parent award.
17. Rest Period After Overtime
For the purpose of Clause 4.7 (overtime) subclause (2) Rest
Period after Overtime, of the parent award, the relevant time period for
consecutive hours off duty shall be nine hours.
18.
Redundancy
Where permanent
employees the subject of this award are made redundant by the employer, they
shall receive the following termination payment.
(a) Notice as prescribed by the relevant
legislation.
(b) 2 weeks for each year of service
(pro-rata) to a maximum of 52 weeks (exclusive of the notice period in (a)
above).
19.
Annualised Salaries
The parties to this
award and the business unit/s concerned are committed to investigating the
benefit of salaried positions during the normal life of this award.
20.
Casual Employees
A casual employee is one engaged and paid as such. A casual employee shall be paid one thirty
eighth of the weekly rate plus 15% for all work performed plus 1/12 for annual
leave. Provided that, this clause shall
not be used to make current permanent employees casuals.
21. Increased
Flexibilities
(i) Employees
shall undertake duties and tasks as directed, provided such employees have the
skills, competence and training to perform such tasks as directed.
(ii) Employees the
subject of this award are committed to co-operate with and undertake all
relevant training as directed by the employer, to meet the needs of the
business.
(iii) The employer
shall ensure that the provisions of The Quarry Industry (State) Award relating
to employees classifications are adhered to when implementing this clause.
22.
Teamwork
1. All parties
to this award and the business units concerned are committed to the development
of teamwork and the restructuring of existing work patterns and arrangements.
23. Wage Adjustments
(i) The following
wage increases shall apply to the employees in the classifications covered by
the Quarrying Industry (State) Award 1994, excepting metal trades
classifications:
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Stage 1
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5%(subject
to safety net 2% absorption)
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Stage 2
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5%
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Stage 3
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5%
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(ii) Allowances
will be adjusted by the increases outlined in (i) above. This increase is for this award only and
shall not be used as a precedent in any further wage increases so far as
allowance adjustments are concerned.
(iii) Increases in
allowances are absorbable into any increases in the same allowances in the
Quarry Industry (State) Award.
CSR LTD trading as THE READYMIX GROUP - SYDNEY QUARRIES
ENTERPRISE ARRANGEMENT NO.3 (STATE) AWARD 1998.
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For CSR LTD trading as THE
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READYMIX GROUP - SYDNEY
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QUARRIES DIVISION
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For The Australian Workers' Union, New South Wales
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AWU Delegate
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AWU Delegate
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AWU Delegate
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For Federated Clerks Union of Australia, New South
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Wales Branch
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FCU Delegate
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ANNEXURE "A"
For the purpose of this award the 3 "business
units" for the Sydney Quarries Division shall be:
1. Penrith
Quarry located at:
(a) Sheens Lane
Off Castlereagh Road
PENRITH 2750
2. Hardrock
located at:
(a) Prospect
Quarry
Old Western Highway
PROSPECT 2149
(b) Hornsby Quarry
Quarry Road
HORNSBY 2077
3. Londonderry
Sand located at:
(a) Torkington
Road
LONDONDERRY
R. J. PATTERSON, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.