BORAL DRILL AND BLAST TEAM (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Boral Construction Materials Group Limited.

 

(No. IRC 260 of 2002)

 

 

AWARD

 

INDEX

 

PART A

 

Clause No. Subject Matter

 

1. New award

1.1 Purpose

2. Continued Co-Operation And Improvement

2.1 Agreement

3. Dictionary

3.1 Definitions

4 Parties, Application Etc

4.1 Application

4.2 Replacement

4.3 Supersession

4.4 Commencement and Nominal Term

4.5 Award Display

4.6 No Extra Claims

5. Contract Of Employment

5.1 Weekly Employment

5.2 Probation

5.3 Resignation

5.4 Termination By Boral

5.5 Part Time Employment

5.6 Casual Employment

5.7 Change In The Nature Of Your Contract Of Employment

6. Consultation

6.1 Commitment

6.2 Meetings

7. Conflict Resolution

7.1 Steps

7.2 Continuation of Normal Work

8. Counselling

8.1 Procedure

9. Redundancy

9.1 Preservation of Employment

9.2 Disbanding Agreement

9.3 Selection

9.4 Introduction of Change

9.5 Redundancy Pay

9.6 Resignation During Notice of Redundancy

9.7 Transfer to Lower Paid Duties

10. Classifications

10.1 Classifications

10.2 Rates Of Pay

10.3 Levels

10.4 Skills

11. Competency Assessment

11.1 Assessment and Allowance

12. Training And Progression

12.1 Training Program To Be Established

12.2 Training Program

13. Work Practices

13.1 Using Skills As Directed

14. Hours Of Work

14.1 Average Week

14.2 Spread of Hours

14.3 Ten Hour Days

14.5 Rosters

14.6 Change to Rosters

14.7 Afternoon Shifts

14.8 Night Shifts

14.9 Saturday Shifts

14.10 Sundays and Holidays

14.11 Holidays

15. Work Organisation

15.1 Arrangement of Hours

16. Overtime

16.1 Payment

16.2 Day Stands Alone

16.3 10 Hour Rest Period

16.4 8 Hour Rest Period for Shift Workers

16.5 Call Back

16.6 Overtime Bonus and Breaks

16.7 Not Required to Work Overtime

16.8 Weekend Crib Breaks

16.9 Weekend Minimum

16.10 Time Off in Lieu of Payment for Overtime

16.11 Make-up Time

17. Meal Breaks

17.1 Work Before Break

17.2 Continuity of Operations

17.3 Staggering Breaks

17.4 Meal Breaks for Shift Workers

17.5 Working Through a Meal Break

18. Rest Breaks

18.1 Daily Break

18.2 Staggering

18.3 Continuous Operation

18.4 Shift Workers

19. Use Of Car

19.1 Allowance

20. Fares

20.1 Payment

21. Payment Of Wages

21.1 Electronic Funds Transfer

21.2 Late Pay

22. Superannuation

22.1 Entitlement

23. Working At Different Quarries

23.1 Terms

24. Tools

24.1 Tools

25. Protective Clothing

25.1 Entitlement

26. Protective Equipment

26.1 Entitlement

27. Kitchen

27.1 Tea and Coffee

28. Sundays And Holidays

28.1 Holidays

28.2 Absence

28.3 Working on a Holiday

28.4 Sundays

29. Annual Leave

29.1 Entitlement

29.2 Annual Leave Flexibility

30. Annual Leave Loading

30.1 Payment of Loading

30.2 Calculation of Loading

30.3 Shift Workers

31. Long Service Leave

31.1 Entitlement

32. Parental Leave

32.1 Entitlement

33. Bereavement Leave

33.1 Entitlement

34. Jury Service

34.1 Entitlement

34.2 Notification

35. Sick Leave

35.1 Entitlement

35.2 Notification

35.3 Workers Compensation

35.4 Accumulation

35.5 Absent on Holidays and Rostered Days Off

36. Carer's Leave

36.1 Use of Sick Leave

36.2 Unpaid Leave for Family Purpose

37. Back-Up Support Agreement

37.1 Procedure

38. Anti-Discrimination

38.1 Obligation

39. Miscellaneous

39.1 Safety

39.2 Delegates

39.3 Right of Entry

39.4 Meal Rooms

39.5 Change Rooms and Conveniences

39.6 Damage etc

 

PART B

 

Table 1 - Rates Of Pay

Table 2 - Other Rates And Allowances

 

PART A

 

1.  New Award

 

1.1        Purpose

 

The purpose of this award is to:

 

(a)       develop a fair and sustainable remuneration adjustment system; and

 

(b)       continuously improve the performance of the Team in accordance with clause 2 of this award.

 

 

2.  Continued Co-Operation and Improvement

 

2.1             Agreement

 

We each agree to do all that is available on our part to improve the performance of the Team by constructively and co-operatively participating in and implementing the outcomes of:

 

(a)        this award;

 

(b)       development and attainment of competency skills;

 

(c)       performance measurement and review;

 

(d)       operational problem solving; and

 

(e)       continuous improvement activities utilising (a), (b), (c) and (d) above.

 

 

3.  Dictionary

 

3.1             Definitions

 

In this award the following words in the left-hand column of the dictionary shall have the meaning given to them by the right hand column of the dictionary:

 

 

4.  Parties, Application Etc

 

4.1             Application

 

This award shall apply to and is binding on you, Boral and the Union.

 

4.2             Replacement

 

This award rescinds and replaces the Boral Resources (NSW) Pty Ltd Drill and Blast (State) Award published 24 November 2000 and award review published 19 April 2002 (332 I.G. 1082) in totality.

 

 

 

 

4.3             Supersession

 

This award supersedes and replaces all previous agreements, understandings and practices between the parties to the making of this award and Boral and you.

 

4.4             Commencement and Nominal Term

 

This award shall take effect from the first full pay period to commence on or after 7 February 2002 and shall have a nominal term of twelve months.

 

4.5        Award Display

 

A copy of this award shall be provided to you upon its commencement.

 

4.6        No Extra Claims

 

The Union and/or you shall not make any claims for improvements in remuneration of conditions during the nominal term of this award

 

5.  Contract of Employment

 

5.1        Weekly Employment

 

Subject to this clause you will be employed as a weekly employee.

 

5.2        Probation

 

From your commencement date you will be employed on probation for a period of three months. 

 

5.3             Resignation

 

You may terminate your employment by giving Boral one week’s notice or by paying to Boral an amount of money equivalent to one week's pay.

 

5.4             Termination By Boral

 

Except when terminating your employment for reasons of technology related redundancy, for which technological change notice applies, if Boral terminates your employment, they must give you notice in accordance with section 170CM of the Federal Act.

 

5.5        Part Time Employment

 

Where agreed you may be employed as a part-time employee and:

 

(a)       you will be paid per hour one thirty eighth of  a week’s pay for the level you have been accredited to for the hours you work;

 

(b)       you will be entitled to payments in respect of annual leave, public holidays and sick leave  on a proportionate basis;

 

(c)       you will work a constant number of ordinary hours which shall average less than thirty-eight but not less than sixteen hours per week;

 

(d)       you will be paid overtime rates if you commence work prior to your usual starting time or finish work after your usual ceasing time;

 

(e)       you and all other part time employees in the Team cannot exceed 20% of all of Boral’s employees in the Team unless the consultative committee agree; and

(f)       before being so employed Boral must have consulted with the consultative committee about your employment.

 

5.6        Casual Employment

 

Where agreed you may be engaged as a casual and:

 

(a)       you will be paid per hour one-thirty-eighth of a week’s pay for the work which you perform plus 15 percent at the rate set out in Table 1 for the classification you are classified in accordance with clause 10.1;

 

(b)       you must not be employed as such for more than three months;

 

(c)        the following clauses of this award shall not apply to you, 9, 12, 15, 28.1, 28.2, 29.2, 30, 33, 34, 35, 36 and 39.2; and

 

(d)       your engagement may be terminated by you or Boral by one days notice or payment in lieu.

 

Notation: casuals also receive one-twelfth of their ordinary earnings in lieu of annual leave.

 

5.7        Change In the Nature of Your Contract of Employment

 

To avoid doubt, the nature of your contract of employment; weekly, part-time, casual, may only be changed if you genuinely agree.

 

6.  Consultation

 

6.1             Commitment

 

We must each be committed to co-operating positively to increase the efficiency, productivity and competitiveness of Boral and to enhance career opportunities and job security for the employees

 

6.2        Meetings

 

Regular Team meetings shall be held involving the Team members and management. Issues raised for consideration consistent with clause 6.1 shall be processed through the Team meetings.

 

7.  Conflict Resolution

 

7.1        Steps

 

The following steps shall apply in the following order for resolution of a dispute.  For each step, the next step may be taken if the dispute has not been resolved within a reasonable time:

 

(a)       consultation between you and the Team manager;

 

(b)       consultation involving the consultative committee;

 

(c)       consultation between you and a senior manager of Boral;

 

(d)       reference of the matter to the  Industrial Relations Commission of NSW for conciliation/arbitration no later than 72 hours after the step in (a) above unless otherwise agreed; and

 

To avoid any doubt an employee may be represented by an official of the Australian Workers’ Union, NSW or a delegate of that Union during this process.

 

 

7.2             Continuation of Normal Work

 

While the procedure above is being followed and until the matter is resolved work must continue normally.

 

8.  Counselling

 

8.1        Procedure

 

Upon Boral becoming aware that an employee’s conduct, performance and/or work performance was/is unsatisfactory they should:

 

(a)       undertake an investigation of the matter;

 

(b)        put the matter to the employee with any relevant supporting information Boral is aware of and allow them to respond;

 

(c)       consider the employee’s response;

 

(d)       conclude whether or not the employee’s conduct behaviour and/or work performance was/is unsatisfactory;

 

(e)       explain why the conclusion reached has been arrived at; and then

 

(f)       take appropriate action.

 

9.  Redundancy

 

9.1             Preservation of Employment

 

Where practicable and having regard to the needs of the Team, we:

 

(a)        will co-operate to preserve existing employment and enhance future employment opportunities generally; and

 

(b)       recognise that this is best achieved when we co-operate to ensure that what can be done is done, to produce sustainable improvements in the competitive performance of the Team.

 

9.2             Disbanding Agreement

 

If Boral decide that it is appropriate to disband the Team they may do so and:

 

(a)        (if an employee was originally employed at one of Boral’s quarries) they shall be transferred back to their nominated quarry unless they agree otherwise with Boral; or

 

(b)        (if an employee was not originally employed at one of Boral’s quarries) they shall be transferred to such quarry as reasonably chosen by Boral.

 

9.3        Selection

 

When redundancies are to occur, Boral will:

 

(a)        call for volunteers; and

 

(b)       accept volunteers unless to do so will leave the Team without the necessary skills to operate satisfactorily, then

 

if there are insufficient volunteers those to be made redundant will be selected by Boral by reference to their:

 

(c)       skills;

 

(d)       experience;

 

(e)       training;

 

(f)       performance; and:

 

having undertaken such an assessment, if it is necessary to make redundant individuals that are comparatively equal in terms of the assessment (unless some other pressing domestic issue is raised by the individuals concerned) if you are the least experienced person you will be retrenched first.

 

9.4             Introduction of Change

 

Where Boral has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on you, Boral shall notify consult with you and the union (if you are a member) about the changes and discuss the introduction of the changes, the effects the changes are likely to have on you, measures to avert or mitigate the adverse affects of such changes on you and shall give prompt consideration to matters raised by  you before any redundancies are affected.

 

9.5             Redundancy Pay

 

If, following a decision made by Boral in accordance with clause 9.3 Boral decides that your position in the Team is redundant then Boral must pay you:

 

(a)        If you are under 45 years of age

 

 

and thereafter two weeks pay per year of service up to a maximum payment of 52 weeks’ pay.

 

(b)        If you are 45 years of age or over

 

 

and thereafter two weeks pay per year of service up to a maximum payment of 52 weeks’ pay.

 

9.6             Resignation During Notice of Redundancy

 

If your position in the Team is made redundant you may terminate your employment during the period of notice and still receive any monies arising from clause 9.4.

9.7        Transfer to Lower Paid Duties

 

Where you are transferred to lower paid duties for reasons set out in clause 9.4 you shall be entitled to the same period of notice of transfer as you would have received would have if your employment had been terminated by Boral, and Boral may at Boral’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

 

10.  Classifications

 

10.1             Classifications

 

You shall be classified by Boral into one of the levels set out in Table 1 of Part B.

 

10.2      Rates of Pay

 

The rates of pay to be paid to you for the classification you are in are set out in Table 1 of Part B.

 

10.3      Levels

 

Subject to clause 12 Training and Progression, you shall be classified into one of the levels set out below:

 

(a)       Level 1 Operator: A Level 1 Operator is an employee who has not yet acquired any operator skills and is undertaking basic competency and operator training to progress to Level 2 Operator;

 

(b)       Level 2 Operator: A Level 2 Operator is an employee who has acquired the basic competency skill and one (1) skill;

 

(c)       Level 3 Operator: A Level 3 Operator is an employee who has acquired the basic competency skill and two (2) other skills;

 

(d)       Level 4 Operator: A Level 4 Operator is an employee who has acquired the basic competency skill and three (3) other skills;

 

(e)       Level 5 Operator: A Level 5 Operator is an employee who has acquired the basic competency skill and four (4) other skills;

 

(f)       Level 6 Operator: A Level 6 Operator is an employee who has acquired the basic competency skill and five (5) other skills;

 

(g)       Level 7 Operator: A Level 7 Operator is an employee who has acquired the basic competency skill and six (6) other skills;

 

10.4      Skills

 

For the purposes of clause 10.3 the skills are:

 

(a)       Basic Competency Skill (requiring all following units)

 

NMITAB units:	1	Work Safely
	3	Solve Operational Problems
Boral unit:		Senior First Aid

 

(b)       Driller Skill (requiring following unit)

 

NMITAB units:

31

Conduct drilling operations

 

(c)       Shotfirer Skill (requiring following unit)

 

NMITAB units:

32

Conduct shotfiring operations

 

(d)       Survey Skill (requiring all following units)

 

Boral units:	Conduct Survey
	Conduct Boretrack
	Conduct Laser Profiling

 

(e)       Mark-out Skill (requiring all following units)

 

Boral unit	Conduct Shot preparation
	Conduct marking out

 

 (f)       Environmental Skill (requiring following unit)

 

Boral unit:	Monitor and assess environmental
	impacts

 

(g)       Organization/Facilitation Skill (requiring following units)

 

NMITAB units: 9C	Participate in, Lead and Facilitate Work
Boral unit	Front Line Supervisor Competency

 

11.  Competency Assessment

 

11.1             Assessment and Allowance

 

(a)       You must undertake and successfully complete competency based assessments for the work performed by you from time to time.

 

(b)       You shall be paid the amount per week set out in Item 1 of Table 2, Other Rates and Allowances of Part B in consideration of the obligations arising from clause 11.1 (a) for all purposes of the award.

 

(c)        To avoid doubt this allowance will be paid to you if you were employed in the Team at the date of the making of this award from that date and for new employees from their start date.

 

12.  Training and Progression

 

12.1      Training Program To Be Established

 

As soon as reasonably practicable after the making of this award Boral shall organise a training interview between you and the Team manager to agree on a training program for you that is consistent with the operational needs of the Team.

 

12.2      Training Program

 

Your training program shall:

 

(a)       identify the competencies you need to gain recognition in for the tasks you already perform;

 

(b)        any new competencies, in addition to those identified in (a), to gain recognition in;

 

(c)        the process by which you will gain such recognition (on the job, off the job, mentor program, etc);

 

(d)        an indicative timetable for gaining such recognition; and

 

(e)        the process by which you will work to maintain those competencies you have gained recognition in.

 

13.  Work Practices

 

13.1      Using Skills As Directed

 

Despite anything else contained in this award, you must fully utilise the skills and/or competencies you have as directed by Boral to meet the needs of the Team at any of the quarries within the Metropolitan Division.

 

To avoid any doubt this includes performing tasks at a lower Level. 

 

14.  Hours of Work

 

14.1      Average Week

 

Subject to this Award you must work an average of 38 ordinary hours each week as directed by Boral.

 

14.2      Spread of Hours

 

Your ordinary hours of work shall be worked:

 

(a)        on any day of the week Monday to Friday inclusive; and

 

(b)       between the hours of 6.00am and 6.00pm; or

 

(c)       between such spread of hours as is agreed between Boral and the majority of you in the section of the Team concerned:

 

Or if you are a shift worker:

 

(a)        any day of the week Monday to Friday inclusive; or

 

(b)        by agreement with the majority of you in the section of the Team concerned on any day of the week Monday to Sunday inclusive.

 

14.3      Ten Hour Days

 

Unless it is agreed between Boral and the majority of you in the section of the Team concerned your ordinary hours of work must not exceed ten on any day.

 

14.5      Rosters

 

Boral shall give you a roster for working your ordinary hours at least seven days in advance.

 

14.6      Change to Rosters

 

Despite clause 14.5, if due to unforeseen circumstances Boral needs to change your roster to keep the Team operating effectively Boral may change your roster:

 

(a)       upon giving you no less than notice on the previous day of any such change if you are a day worker; or

 

(b)       upon giving you no less than notice on the previous day of any such change if you are a shift worker provided that if you are given less than seven days notice you shall continue to be paid your shift penalty for the balance of the such seven days even if you are transferred to day work.

 

14.7      Afternoon Shifts

 

If you are rostered to work an afternoon shift you shall be paid the afternoon shift allowance

 

Notation: This allowance is defined in the Dictionary to be 33.3333 %

 

14.8      Night Shifts

 

If you are rostered to work a night shift you shall be paid the night shift allowance

 

Notation: This allowance is defined in the Dictionary to be 33.3333 %

 

14.9      Saturday Shifts

 

If you work a shift that part of which is between midnight on Friday and midnight on Saturday you shall be paid at the rate of time and a half for the first two hours and double time thereafter and such extra rate shall be in substitution for and not cumulative upon your shift allowance.

 

14.10    Sundays and Holidays

 

If you work a shift that part of which is on a Sunday you shall be paid at the rate of double time and such extra rate shall be in substitution for and not cumulative upon your shift allowance.

 

14.11    Holidays

 

If you work a shift that part of which is on a public holiday you shall be paid at the rate of  double time and one half and such extra rate shall be in substitution for and not cumulative upon your shift allowance.

 

 

15.  Work Organisation

 

15.1             Arrangement of Hours

 

(a)       The rostering of ordinary hours may be arranged to provide for a rostered day off to be taken each twenty days if Boral and an employee so agree and that agreement is recorded in writing.

 

(b)       Any such agreement may include an agreement:

 

(i)         as to when such days are to be taken;

 

(ii)        to accrue such rostered days off (on terms agreed); or

 

(iii)       to have one or more of such rostered days off paid out on the 1st  day in December each year.

 

(c)       Any agreement made in accordance with subclause 15.1 (a) may be further varied by agreement or withdrawn from by either party on one months notice.

 

 

 

 

 

 

16.  Overtime

 

16.1      Payment

 

Subject to subclause 28.3 and 28.4, for all work performed by you outside of and/or in excess of your ordinary hours you shall be paid at the rate of time and one-half for the first two hours and double time thereafter; such double time to continue until the completion of the overtime worked.

 

16.2      Day Stands Alone

 

Except as provided in subclause 16.3 in computing your overtime each day's work shall stand-alone.

 

16.3      10 Hour Rest Period

 

(Subject to subclause 16.4) when:

 

(a)       overtime work is necessary it shall wherever reasonably practicable, be so arranged that you have at least ten consecutive hours off duty between the work of successive days;

 

(b)       you work so much overtime between the termination of your ordinary work on one day and the commencement of your ordinary work on the next day that you have not had at least ten consecutive hours off duty between those times you shall be released after completion of such overtime until you have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence; and

 

(c)        on the instruction of Boral you resume or continue work without having had such ten consecutive hours off duty you shall be paid at double time rates until you are released from duty for such period and you shall then be entitled to be absent until you have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

16.4      8 Hour Rest Period for Shift Workers

 

The provisions of clause 16.3 shall apply in the case of shift workers who rotate from one shift to another as if eight hours were substituted for ten hours when overtime is worked:

 

(a)        for the purpose of changing shift rosters; or

 

(b)       where a shift worker does not report for duty.

 

16.5      Call Back

 

(a)        If you are recalled to work overtime after leaving for the day (whether notified before or after leaving) you shall be paid for a minimum of four hours' work (whether worked or not) or where you have been paid for standing by you shall be paid a minimum of three hours' pay at the appropriate rate.

 

(b)       This clause shall not apply in cases where it is customary for you to return to work to perform a specific job outside your ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

(c)       Overtime worked in the circumstances set out above, shall not be regarded as overtime for the purposes of clause 16.6 when the actual time worked is less than three hours on each such recall.

 

(d)        If you are directed to hold yourself in readiness to work after your ordinary hours you shall be paid stand-by time, at ordinary rates of pay, until released.

 

 

 

16.6      Overtime Bonus and Breaks

 

If you are required to work overtime:

 

(a)        for one and one half hours after your normal ceasing time and you were not notified on the day before (or earlier) of the need to work overtime you shall be paid the amount set out in Item 2 of Table 2 of Part B of this award;

 

(b)        for two hours or more after your normal ceasing time you shall be paid the amount set out in Item 2 of Table 2 of Part B of this award;

 

(c)        for four hours after your normal ceasing time (and for each four hours thereafter) you shall be provided with a 30 minute break without loss of pay  provided that overtime work continues after any such break; and

 

(d)        for six hours or more after your normal ceasing time (and for each four hours thereafter) you shall be paid the amount set out in Item 2 of Table 2 of Part B of this award.

 

16.7      Not Required to Work Overtime

 

Despite clause 16.6, if you are notified of the intention to work overtime but you are not called upon to work that overtime you shall be paid an amount ascertained from clause 16.6 (a).

 

16.8      Weekend Crib Breaks

 

Where overtime is worked on a Saturday or Sunday and it continues after 12 noon, you shall be given a paid break for a meal of 30 minutes between 12.00 noon and 1.00pm, provided that the work continues after the meal break.

 

16.9      Weekend Minimum

 

If you are required to work overtime on a Saturday you shall be given at least four hours’ work or receive four hours’ pay.

 

16.10    Time Off in Lieu of Payment for Overtime

 

(a)        An employee may elect, with the consent of Boral, to take time off in lieu of payment for overtime at a time or times agreed with Boral within 12 months of the said election.

 

(b)       Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate that is an hour for each hour worked.

 

(c)        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 shall be made at the expiry of the 12 month period or on termination.

 

(d)       Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

16.11    Make-up Time

 

(a)        An employee may elect, with the consent of Boral, 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.

 

(b)        An employee on shift work may elect, with the consent of Boral, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

17.  Meal Breaks

 

17.1      Work Before Break

 

You shall not be required to work for more than five ordinary hours of work without a break for a meal which shall be taken as unpaid.  Provided that you and Boral may agree to extend the five ordinary hours before taking a break up to six.

 

17.2      Continuity of Operations

 

The time of your taking a scheduled meal break may be altered by agreement between you and Boral or by Boral if it is necessary to maintain continuity of Team operations.

 

17.3      Staggering Breaks

 

Boral may stagger the time of taking a meal break to meet operational requirements.

 

17.4      Meal Breaks for Shift Workers

 

Despite the provisions of this clause, if you are a shift worker you shall be allowed a thirty (30) minute paid meal break during each shift, which shall be counted as time worked.

 

17.5      Working Through a Meal Break

 

Except as provided for in clause 17.1 and 17.2, you shall be paid at the rate of time and one half of ordinary time for all work done during your meal break and thereafter until a meal break is taken.

 

18.  Rest Breaks

 

18.1      Daily Break

 

You shall be given a paid rest break of ten (10) minutes each day.

 

18.2      Staggering

 

Boral may stagger the time of taking a rest break to meet operational requirements.

 

18.3             Continuous Operation

 

The time of your taking a scheduled rest break may be altered by agreement between you and Boral or by Boral if it is necessary to maintain continuity of Team operations.

 

18.4      Shift Workers

 

In the Case of Shift Workers the Rest Break May be Combined (By Boral) With the Paid Meal Break So as to Enable a Forty-Minute Paid Meal Break.

 

19.  Use of Car

 

19.1      Allowance

 

If you are required to use your car by Boral you will be paid per km the amount set out in Item 3 of Table 2 of Part B.

 

 

 

 

 

20.  Fares

 

20.1      Payment

 

From the start date (unless Boral provide you with a ‘tools of trade’ vehicle) you shall receive in compensation for fares incurred travelling to and from work at irregular hours when public transport is not necessarily available the amount set out in Item 4 of Table 2 of Part B per week.

 

 

21.  Payment of Wages

 

21.1      Electronic Funds Transfer

 

Wages shall be paid weekly by means of electronic funds transfer to an account in a recognised financial institution.

 

21.2      Late Pay

 

When your wages are not in your nominated account on the designated pay day the Team Manager if requested to do so by the you, must provide your wages to you in cash by conclusion of the next day’s shift.

 

 

22.  Superannuation

 

22.1             Entitlement

 

Superannuation Legislation - The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints) Act 1993 (Cth), and s124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

 

23.  Working at Different Quarries

 

23.1      Terms

 

When Boral direct you to work other than at your nominated quarry travelling shall be done in work time and Boral shall reimburse you for all reasonable expenses incurred with over night accommodation and associated meals.

 

 

24.  Tools

 

24.1      Tools

 

All tools required shall be provided free of charge by Boral.

 

 

25.  Protective Clothing

 

25.1             Entitlement

 

At the commencement of your employment Boral shall provide you with four sets of clothes, two pairs of boots and in May a winter jacket, which shall be replaced on an item for item exchange basis.

 

 

26.  Protective Equipment

 

26.1             Entitlement

 

Boral shall:

 

(a)       provide you with all personal protective equipment required to perform your work and;

 

(b)       replace such articles, when, in the opinion of Boral, they are no longer in a serviceable condition, but you shall not be entitled to a replacement unless you return the corresponding article issued to you or if the article is lost or misplaced by you, you shall pay a reasonable price for the article.

 

27.  Kitchen

 

27.1      Tea and Coffee

 

Boral shall provide you with a reasonable supply of coffee, tea, milk and sugar for use during meal and crib breaks.

 

28.  Sundays and Holidays

 

28.1      Holidays

 

The following days shall be granted to you without loss of pay as a holiday: New Year's Day; Australia Day; Good Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Eight Hour Day; Christmas Day; Boxing Day; Union Picnic Day, the first Monday in December (or a substitute day agreed to by you and Boral and taken by 31 December in the following year); and any other day gazetted as a public holiday for the State.

 

28.2      Absence

 

When you are absent from work on the working day before or the working day after a holiday, without reasonable excuse or without the consent of Boral, then you shall not be entitled to payment for such holiday.

 

28.3      Working on a Holiday

 

For work done on any of the holidays referred to in clause 28.1 (except (k) Union Picnic Day), you shall be paid at the rate of double time and one-half with a minimum payment for four hours' work.

 

28.4      Sundays

 

For work done on a Sunday you shall be paid at the rate of double time with a minimum payment for four hours' work.

 

29.  Annual Leave

 

29.1             Entitlement

 

See Annual Holidays Act 1944 as amended.

 

29.2      Annual Leave Flexibility

 

(a)        An employee may elect with the consent of Boral, 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.

 

(b)       Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and Boral 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.

 

30.  Annual Leave Loading

 

30.1      Payment of Loading

 

Whenever you enter a period of annual leave you shall be paid, in addition to your annual leave pay a loading of 17.5 percent on top of your annual leave pay.

 

30.2             Calculation of Loading

 

The loading is to be calculated on your rate of pay that is applicable immediately before commencing annual leave, excluding any other allowances, penalty rates, shift allowances, overtime or any other payments prescribed by this award.

 

30.3      Shift Workers

 

Despite any thing else contained in this award, if you are a shift worker when you enter a period of annual leave then you shall be entitled to the greater of the following:

 

(a)       your shift work allowances and/or weekend penalty rates for the ordinary time (not including time on a public holiday) which  you would have worked during the period of the leave; or

 

(b)        the loading calculated in accordance with this clause.

 

31.  Long Service Leave

 

31.1             Entitlement

 

See Long Service Leave Act 1955 as amended.

 

32.  Parental Leave

 

32.1             Entitlement

 

See Industrial Relations Act 1996 as amended.

 

33.  Bereavement Leave

 

33.1             Entitlement

 

(a)        An employee, other than a casual employee, shall be entitled to up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph (c) below.

 

(b)       The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

(c)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer's Leave in 36.1 (c) (ii) provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(d)        An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(e)       Bereavement leave may be taken in conjunction with other leave available under subclauses 36.2, 36.6, 36.4, 36.5 and 36.6. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

34.  Jury Service

 

34.1             Entitlement

 

If you are required to attend for jury service during your ordinary working hours you shall be reimbursed by Boral an amount equal to the difference between the amount paid in respect of your attendance for such jury service and the amount of wages you would have received in respect of the ordinary time you would have worked had you not been on jury service.

 

34.2             Notification

 

You must notify Boral as soon as possible of the date upon which you are required to attend for jury service.  Further, you must give Boral proof of your attendance, the duration of such attendance and the amount received in respect of such jury service.

 

35.  Sick Leave

 

35.1             Entitlement

 

You shall, subject to subclause 35.2 and the production of a medical certificate be entitled to ten days' sick leave during the first and subsequent years of service on full pay (provided that a statutory declaration shall be sufficient proof of sickness in respect of the first two single days' absence in any year).

 

35.2             Notification

 

You must notify Boral of your absence prior to your normal starting time on the same day of your absence and in any event before 9.00am on that day unless because of the nature of the illness you are incapable to do so in which case you must notify Boral as soon as possible.

 

35.3      Workers Compensation

 

You shall not be entitled to sick leave for any period in respect of which you are entitled to workers' compensation

 

35.4             Accumulation

 

If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be cumulative from year to year.

 

35.5      Absent on Holidays and Rostered Days Off

 

If an award holiday or rostered day off occurs during your absence on sick leave then such award holiday or rostered day off shall not be counted as sick leave.

 

36.  Carer's Leave

 

36.1      Use of Sick Leave

 

(a)        An employee, other than a casual 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, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 35, 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.

 

(b)       The employee shall, 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 as 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.

 

(c)       The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible  for the care of the person concerned; and

 

(ii)        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 subparagraph:

 

1. "relative" means a 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.

 

(d)        An employee shall, wherever practicable, give Boral notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship 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 shall notify Boral by telephone of such absence at the first opportunity on the day of absence.

 

36.2      Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of Boral, to take unpaid leave for the purpose of providing care and to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

36.3      Annual Leave

 

(a)        An employee may elect, with the consent of the employer, 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.

 

(b)       Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer 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 -

 

(a)        For the purpose only of providing care and support for a person in accordance with 36.1 (c) (ii) and despite the provisions of 16.10 the following provisions shall apply:

 

(b)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(c)       Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.

 

(d)        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 shall be made at the expiry of the 12 month period or on termination.

 

(e)       Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

36.5      Make-up Time

 

(a)        An employee may elect, with the consent of the employer, 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.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time) at the shift work rate which would have been applicable to the hours taken off.

 

36.6      Rostered Days Off

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, 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 employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)       This subclause is subject to the employer informing the union which is 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 to participate in negotiations.

 

37.  Back-Up Support Agreement

 

37.1      Procedure

 

(a)       Subject only to paragraph (b), if for any reason the work of the Team cannot be performed as and/or when required by Boral, Boral may use:

 

(i)         staff;

(ii)        externally engaged contractors; and/or

 

(iii)       externally hired equipment,

 

to perform the work, except to the extent that staff will not operate the drill rigs.

 

(b)       Boral may exercise the right in paragraph (a) as it sees fit in its own commercial interest, but shall act in good faith, meaning that Boral shall not abuse the right to obtain an improper collateral benefit or objective.

 

38.  Anti Discrimination

 

38.1      Obligation

 

(a)        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.

 

(b)        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 that, by its terms or operation, has a direct or indirect discriminatory effect.

 

(c)       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.

 

(d)       Nothing in this clause is to be taken to affect:

 

(i)         any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)        offering or providing junior rates of pay to persons under 21 years of age;

 

(iii)       any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(iv)      a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(e)       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.

 

NOTATION:

 

(a)       Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)       Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the 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."

 

 

 

 

39.  Miscellaneous

 

39.1      Safety

 

(a)       Boral and the Team recognize that there are risks to the safety of the team and other employees and members of the public associated with their drill and blast activities. They therefore undertake to treat safety with the utmost priority in all of their activities. This commitment will be applied to all aspects of design and control of blasts, handling of explosives, operation of drilling equipment, use of survey equipment and use of motor vehicles.

 

(b)       The Team will regularly review (at team meetings) operating procedures and safety performance with a view to improving practice and minimizing risk.

 

(c)       The Team jointly commit with Boral to the use of personal protective equipment relevant to the tasks being undertaken whenever risks are unable to be practically controlled by engineering solutions.

 

39.2      Delegates

 

(a)       Boral shall recognise the appointed delegate for the union in the Team.

 

(b)       Boral shall provide the delegate with reasonable time while at work to perform the proper functions of the delegate.

 

39.3      Right of Entry

 

Refer to the Industrial Relations Act 1996.

 

39.4      Meal Rooms

 

(a)       Boral will supply a suitable room for meals and boiling water for you at the commencement of each meal and/or rest break.

 

(b)       Such meal rooms will be equipped as follows:

 

flyscreen doors,

 

refrigerator,

 

heater for food,

 

electric light, and

 

adequate table and seating accommodation

 

and washing-up facilities.

 

39.5      Change Rooms and Conveniences

 

(a)        A change room will be provided at each quarry for your use. Where practicable it will be equipped with showers and wash-basins.

 

(b)       Boral will install fly-proof sanitary conveniences, one seat to every ten employees and each seat to be partitioned off, in all quarries and will maintain these conveniences in a clean condition.  Sufficient covering to ensure decency and provide shade and protection from the weather will be provided.  Sanitary conveniences will be sewered, where practicable.

 

(c)       Such sanitary conveniences will be situated so as to preclude the possibility of contamination of the water supply and/or foodstuffs.  Provision shall be made for the effluent from meal rooms and showers to be carried away and dispersed in such a way to avoid any risk to health. Boral will also supply sufficient and proper material to keep the sanitary conveniences innocuous.

 

39.6      Damage etc

 

(a)       Damage to clothing, spectacles, hearing aids and tools - compensation to the extent of the damage sustained shall be made where in the course of work clothing, spectacles or hearing aids are damaged or destroyed by fire or molten metal or through the use of corrosive substances.

 

(b)        If Boral requires you to have prescription lenses case hardened they will pay for the cost of such case hardening.

 

PART B

 

Table 1 - Rates of Pay

 

Subject to this award, you shall be paid in accordance with the following table of rates:

 

 

Notation:

 

The rates in Table 1 above include and consume the "Industry Disability" allowance and the "Inclement Weather" allowance.  Accordingly, the rates in Table 1 above compensate you for working in the open in quarries and thereby being subject to climatic conditions such as dust blowing in the wind, sloppy and muddy conditions and the lack of usual amenities associated with factory work, etc. and for the additional disabilities of being required to work when exposed to inclement weather and for working in isolated and underdeveloped locations:  "inclement weather" means wet weather and/or abnormal climatic conditions such as hail, cold, high winds, severe dust storms, extreme high temperatures or any combination thereof.

 

Table 2 - Other Rates and Allowances

 

 

 

J. McLEAY, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.