BHP STEEL (AIS) PTY LIMITED - MAINTENANCE RESTRUCTURING AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by BHP Steel (AIS) Pty
Limited, for a new award.
(No. IRC 6267 of 2001)
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Before the Honourable Justice Walton, Vice-President
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24 September 2001
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AWARD
1. TITLE
This award shall be known as the BHP STEEL (AIS) PTY LTD -
MAINTENANCE RESTRUCTURING AWARD.
2. ARRANGEMENT
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Clause No
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Title
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1
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Title
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2
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Arrangement
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3
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Parties
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4
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Application
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5
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Purpose
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6
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Duration
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7
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Employee Choice
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8
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Voluntary Redundancy
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9
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Employment with Another Employer including an Alliance
Partner
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10
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The Maintenance Resource Group
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11
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Review of this Award
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12
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Dispute Settlement Procedure
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3. PARTIES
The parties to this award are BHP Steel (AIS) Pty Ltd (the
"Company"), The Australian Workers' Union, New South Wales, the Automotive,
Food, Metals, Engineering, Printing and Kindred Industries Union, New South
Wales Branch and the Electrical Trades Union of Australia, New South Wales
Branch.
4. APPLICATION
This award is binding on the parties and the employees of
the Company engaged under the terms of the BHP Steel (AIS) Pty Ltd - Port
Kembla Steelworks Employees Award 2000 (the "Steelworks Award") and
who, at the date on which this award was made 24 September 2001, were engaged
in maintenance repair work and rail transport maintenance work at the Port
Kembla Steelworks. This award is to be
read in conjunction with the Steelworks Award, however, this award will prevail
to the extent of any inconsistency.
5. PURPOSE
The purpose of this award is to regulate certain matters arising
in connection with the implementation of alliance partnerships for the
performance of maintenance work with Transfield Services (Australia) Pty Ltd
("Transfield") and Fluor Global Services Pty Ltd ("Fluor")
(through a joint venture with Goninan) and the entitlements of employees
affected by that implementation.
6. DURATION
This award shall commence on 24 September 2001 and shall
have a nominal term of 2 years.
7. EMPLOYEE
CHOICE
The employees bound by this award will have the following
choices available to them:
(a) accept
voluntary redundancy from the Company, subject to the terms of the Company's
Redundancy Policy;
(b) apply for
other employment including in a position with an alliance partner; or
(c) apply for a
position in a manufacturing team or other available position in the Company; or
(d) elect to
remain in the employment of the Company in the Maintenance Resource Group (the
"MRG").
8. VOLUNTARY
REDUNDANCY
(a) An employee
who accepts voluntary redundancy will be paid a severance package in accordance
with the Company's Redundancy Policy as in force at the date on which the
employee ceases employment.
(b) An employee's
acceptance of voluntary redundancy is to be communicated to the Company in
writing and the employee will, subject to other agreement with the Company,
cease their employment with the Company on a date determined by the Company
following discussion with the employee.
9. EMPLOYMENT
WITH ANOTHER EMPLOYER INCLUDING AN ALLIANCE PARTNER
(a) An employee
whose position with the Company becomes redundant and who is offered and
accepts employment with another employer including an alliance partner shall be
paid a severance package in accordance with the Company's Redundancy Policy as
in force at the date on which the employee ceases employment with the Company.
(b) An employee
who applies for employment with an alliance partner, but who is not offered
employment by the alliance partner, is entitled to either:
(i) accept voluntary
redundancy from the Company by communicating to the Company in writing their
intention to do so and cease employment with the Company on a date determined
by the Company;
(ii) remain
employed by the Company.
(Note: The
Company cannot make any assurances to any employee about gaining employment
with an alliance partner)
10. THE
MAINTENANCE RESOURCE GROUP
(a) The MRG will
consist of employees bound by this award who elect to continue in employment
with the Company but who are not selected for a position in a manufacturing
team or other position in the Company.
(b) Employees in
the MRG will be used to provide mechanical, electrical, fabrication and other
sundry services as directed by the Company, Transfield or Fluor from time to
time. The base location of employees in
the MRG shall be determined by the Company.
(c) The MRG and
employees in the MRG will be managed by Transfield or Fluor respectively. This management will include the allocation,
delegation and supervision of work, the setting of hours of work and the
administration of all other employment related arrangements, including
performance management and dispute settlement procedures. Employees in the MRG must comply with all
reasonable and lawful directions of officers of Transfield or Fluor who are
assigned by Transfield or Fluor with responsibility for the management of the
MRG. Conduct or behaviour by an
employee in the MRG that would constitute grounds for disciplinary action or
dismissal by Transfield or Fluor if the employee was employed by Transfield or
Fluor, will constitute grounds for such action by the Company in accordance
with the Steelworks Award.
(d) Employees in
the MRG will retain their classification as at the date of the making of this
award, and will continue to be employed under the terms of the Steelworks
Award.
(e) The MRG is, in
effect, a transition group arising from the implementation of maintenance
alliance partnerships. Employees in the
MRG will have an ongoing opportunity to:
(i) apply for
other positions with the Company and, if selected, transfer to such other
position;
(ii) accept
voluntary redundancy, if available, and so terminate their employment with the
Company.
(f) Employees
leaving the MRG for any reason, including those identified in sub-clause (e)
above, are not required to be replaced by the Company.
(g) Employees who
are assigned to the MRG and who later accept employment with an alliance
partner or accept voluntary redundancy will be paid a severance package in
accordance with the Company's Redundancy Policy as in force at the date on
which the employee ceases employment.
Employees who are assigned to the MRG and later transfer to other
positions with the Company will have no entitlement to a severance package.
(h) Nothing in
this award shall affect the right of the Company to transfer an employee in
accordance with the Steelworks Award and any other agreement generally
applicable to employees covered by the Steelworks Award.
11. REVIEW OF THIS
AWARD
(a) Leave is reserved
to the parties to apply, after the first two months of its nominal term, to
vary this award if a party contends that its operation hinders the efficiency
or effectiveness of the performance of maintenance at the Steelworks or the
efficiency or effectiveness of the implementation of alliance partnerships for
the performance of maintenance work.
(b) Leave is also
reserved to the parties to apply to vary this award if a party contends that
its operation causes employees bound by it to be treated materially more or
less favourably than employees generally under the Steelworks Award.
(c) Leave is
reserved to any party to apply to vary this award in the event of issues
arising out of the operation of clause 7(c).
12. DISPUTE
SETTLEMENT PROCEDURE
Subject to subclause 10(c), the dispute settlement procedure
of the Steelworks Award will apply.
M. J. WALTON J,
Vice-President
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Printed by the authority of the Industrial Registrar.