BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1652)

SERIAL C1604

ILLAWARRA SERVICES PTY LTD EMPLOYEES AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Illawarra Services Pty Ltd.

(No's. IRC 1617 and IRC 1949 of 2002)

Before Commissioner Connor

22 July 2002

AWARD

PART A

GENERAL CONDITIONS

DIVISION 1 - APPLICATION AND OPERATION OF AWARD

1. Award Title

This award is entitled Illawarra Services Pty Ltd Employees Award.

2. Arrangement

PART A - GENERAL CONDITIONS

DIVISION 1 - APPLICATION AND OPERATION OF AWARD

Clause No. Subject Matter

1. Award Title

2. Arrangement

3. Area, Incidence and Duration

4. Definitions

5. No Extra Claims

DIVISION 2 - RATES OF PAY AND RELATED MATTERS

6. Rates of Pay

7. Superannuation

8. Special Rates (All Purpose)

9. Disability Rates

10. Maximum Payment

11. Retention of Rate

12. Time and Payment of Wages

DIVISION 3 - HOURS OF WORK

13. Hours of Duty

14. Employees Presenting Themselves for Work and Not Required

DIVISION 4 - SHIFT WORK AND OVERTIME

15. Shift Work Allowances for Shift Workers

16. Saturday Rates for Shift Workers

17. Shift Workers Whose Working Period Includes Sundays and Public Holidays as Ordinary Working Days

18. Sunday and Public Holiday Rates

19. Night Work for Day Workers and Day Shift Workers

20. Transfer of Day Workers from Day Work to Shift Work

21. Transfer of Shift Workers

22. Overtime

DIVISION 5 - TYPES OF LEAVE AND PUBLIC HOLIDAYS

23. Public Holidays

24. Sick Leave

25. Personal/Carer’s Leave

26. Annual Leave

27. Days Added to the Period of Annual Leave or Long Service Leave

28. Long Service Leave

29. Jury Service

30. Compassionate Leave

31. Parental Leave

DIVISION 6 - EMPLOYMENT RELATIONSHIP

32. Contract of Employment

33. Requirements to Work in Accordance with the Needs of the Industry

34. Termination of Employment due to Retrenchment or Redundancy

35. Anti-Discrimination

36. Procedure for Resolving Claims, Issues and Disputes

DIVISION 7 - MISCELLANEOUS

37. Delegates

38. Apprentices

39. Department Work Redesign Agreement

PART B - AGREEMENTS

DIVISION 1 - GENERAL AGREEMENTS

40. Payment for Training

41. Lump Sum Payment Scheme

PART C - MONETARY RATES - RESTRUCTURED CLASSIFICATIONS

Table 1 - Restructured Ironworker Rates of Pay

Table 2 - Graded Trades Rates of Pay

Table 3 - Apprentices

Table 4 - Other Rates and Allowances

3. Area, Incidence and Duration

3.1 Application

This award applies to all employees (including apprentices within clause 38, Apprentices) of Illawarra Services Pty Ltd employed in classifications appearing in Part C - Monetary Rates - Restructured Classifications.

3.2 Effective Date

This award takes effect on and from the first pay period beginning on or after 22 July 2002 and remains in force until 30 June 2004 (the nominal term).

3.3 This award shall apply to the employees covered by the award to the exclusion of all other awards.

3.4 Any references throughout this award to "[deleted - not relevant]" refers to the BHP Steel (AIS) Pty Ltd - Port Kembla Steel Works Employees Award 2000.

4. Definitions

In this award the following definitions apply:

4.1 "Day workers" are employees excluding shift workers, but including employees on night work within clause 19, Night Work for Day Workers and Day Shift Workers, of this award.

4.2 "Shift workers" are employees working on a two or three shift system, or a one shift system whose ordinary hours includes weekend shifts. For shift workers, each day, including Sunday and public holidays, is considered as being the day on which the majority of the shift falls.

4.3 "Monday to Saturday shift workers" means shift workers whose ordinary working hours are between Monday to Saturday.

4.4 "Annual leave rate of pay" means:

4.4.1 In the case of:

(a) annual leave under clause 26, Annual Leave, and clause 27, Days Added to the Period of Annual Leave or Long Service Leave, of this award taken by an employee immediately before or after leave under the Annual Holidays Act 1944;

(b) payment in respect of annual leave or days added to the period of annual leave being made to employees under clauses 26 and 27 of this award upon the termination of the employment of an employee at the same time as payment is being made under the Annual Holidays Act 1944, in respect of such termination,

the ordinary pay of the employees calculated in accordance with the Annual Holidays Act 1944, for the leave taken or payments made under that Act.

4.4.2 In the case of annual leave under clause 26 of this award and days added to the period of annual leave under clause 27 of this award being taken otherwise than immediately before or after leave under the Annual Holidays Act 1944, the ordinary pay of the employees calculated in accordance with the Annual Holidays Act 1944, as if such leave had been taken under the Act.

4.4.3 "Company" means Illawarra Services Pty Ltd.

5. No Extra Claims

5.1 General

It is a term of this award arising from the Steel Industry Wages Agreement 2000-2001 that the unions (with whom this award is made) undertake, for the period until 31 December 2003, not to raise any further claims, award or over-award, including claims arising from national or state wage cases. There will be agreed scope to arbitrate, if necessary, unresolved issues about classification restructuring or work value claims.

5.2 Leave Reserved

Leave is reserved to apply in respect of the procedure contained in clause 36, Procedure for Resolving Claims, Issues and Disputes, for resolving claims, issues and disputes.

DIVISION 2 - RATES OF PAY AND RELATED MATTERS

6. Rates of Pay

6.1 Rates of Pay

The minimum rates of pay for any classification, subject to the other provisions of this award, are set out in Table 1 - Restructured Ironworker Rates of Pay, Table 2 - Graded Trades Rates of Pay, and Table 3 - Apprentices, of Part C - Monetary Rates - Restructured Classifications of this award. These rates are inclusive of the adult basic wage of $121.40.

6.2 Restructured Rates of Pay

The classifications appearing in Part C - Monetary Rates - Restructured Classifications of this award are new classifications which have been established as a result of restructuring processes carried out in the departments and sections of Port Kembla Steelworks in which the new classifications appear.

6.3 Retention of Rate

Clause 11, Retention of Rate, of this award has no application to the classifications appearing in Table 2 - Graded Trades Rates of Pay, of Part C - Monetary Rates - Restructured Classifications of this award.

6.4 Ordinary Rate

In addition to the award rate of pay prescribed for the purpose of subclause 6.1 of this clause, an employee will be paid the applicable over-award or bonus for the employee's classification to make up the employee's ordinary or weekly rate of pay.

7. Superannuation

7.1 Superannuation Legislation

The subject of superannuation is dealt with exhaustively 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 section 124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. Subject to this legislation, superannuation is also dealt with by the trust deed and rules of the BHP Billiton Superannuation Fund.

7.2 Salary Sacrifice

7.2.1 Despite any other provisions of this award, for the purpose of calculating ordinary time earnings, the rate of pay per week prescribed for the purpose of clause 6, Rates of Pay, of this award is reduced by the amount which an employee elects by notice in writing to the Company to sacrifice in order to enable the Company to make a superannuation contribution for the benefit of the employee.

7.2.2 Election Form

For an employee’s election to be valid, the employee must complete an election form provided by the Company.

7.2.3 Leave

The reduced rate of pay and the superannuation contributions provided for in this subclause apply for periods of annual leave, long service leave and other periods of paid leave.

7.2.4 Calculation of Other Payments

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 prescribed for the employee for the purpose of clause 6, Rates of Pay of this award.

7.2.5 Revoking Election

Unless otherwise agreed by the Company, an employee may only revoke or vary his or her election once in each 12 months. Not less than one month's written notice will be given by an employee of revocation or variation of the employee’s election.

7.2.6 Termination of Scheme

If at any time while an employee’s election is in force, there are changes in taxation or superannuation laws, practice or rulings that materially alter the benefit to the employee or the cost to the Company of acting in accordance with the election, either the employee or the Company may, upon one month's notice in writing to the other, terminate the election.

7.2.7 Superannuation Guarantee

The Company 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 1992 (Cth) or any legislation which succeeds or replaces it.

8. Special Rates (All Purpose)

In addition to the rates of pay prescribed for the purposes of clause 6, Rates of Pay, the following special rates will apply:

8.1 Mechanical and Electrical Tradespersons and Maintenance Non-Trades Employees

8.1.1 Large Power Houses

(deleted - not relevant)

8.1.2 Ship Repairing

(deleted - not relevant)

8.1.3 Electrical Trades Licences

An additional amount as set out in Item 3 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications of this award will be paid per 38-hour week to an employee employed and working as an electrical tradesperson possessing a Qualified Supervisor's Certificate (Electrician) or a Certificate of Registration (Electrician) issued by the appropriate authority.

8.1.4 Scaffolder’s Licence

An additional amount as set out in Item 4 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications of this award will be paid per 38-hour week to a rigger and/or roper and/or splicer who holds a Certificate of Competency as a rigger under the Construction Safety Act 1912 (NSW) and who possesses and uses a Certificate of Competency as a scaffolder under the Act. These allowances are not cumulative.

8.2 Plumbers

8.2.1 Licences

A plumber may receive an allowance per hour as set out in Item 5 of Table 4 - Other Rates and Allowances of Part C - Monetary Rates - Restructured Classifications of this award when required to act on his or her plumber’s and/or gasfitter’s and/or drainer’s licence. A gasfitting licence is deemed to include coal gas, town gas, natural gas, liquid petroleum gas or any other gas where it is required by any State Act of Parliament or regulation that the holder of a licence be responsible for the installation of any such service or services. The provisions of clause 10, Maximum Payment, of this award will not apply to this paragraph.

8.2.2 A plumber, licensed plumber and/or lead burner who is a holder of a certificate of registration under the Plumbers, Gasfitters and Drainers Act 1979 (NSW) will be paid a registration allowance per hour as set out in Item 6 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications of this award on the production of such certificate.

8.3 All Purposes

The allowances arising from this clause are paid for all purposes of the award, except where otherwise prescribed.

9. Disability Rates

In addition to the rates of pay prescribed for the purposes of clause 6, Rates of Pay, of this award, the following special rates will apply:

9.1 General

9.1.1 Hot Places

Electrical and mechanical tradespersons and maintenance non-trades employees working for more than one hour in the shade in places where the temperature is raised by artificial means to between 46 degrees Celsius and 54 degrees Celsius will be paid an allowance per hour extra as set out in Item 7 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications of this award. This is subject to the following:

(a) in places where the temperature exceeds 54 degrees Celsius, employees will be paid per hour extra as set out in Item 7;

(b) where work continues for more than two hours in a temperature exceeding 54 degrees Celsius, employees will also be entitled to 20 minutes' rest after every two hours' work without deduction of pay;

(c) the temperature will be decided by the supervisor of the work after consultation with the employees who claim the extra rate.

9.1.2 Hot Work

Hot work is done in places where the temperature raised by artificial means is above 49 degrees Celsius. Employees whilst so engaged on work, as specified below, will receive an additional amount per hour as set out in Item 8 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications:

(a) bricklayers and labourers assisting bricklayers whilst engaged on hot work;

(b) (deleted - not relevant).

9.1.3 Wet Work

Employees working in any place where his or her clothing or boots become saturated, whether by water, oil or otherwise, will be paid an amount per hour extra as set out in Item 9 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications. This rate is not payable to an employee who is provided by the Company with protective clothing and/or footwear. Any employee who becomes entitled to this extra rate is to be paid such extra rate for such part of the day or shift as he or she is required to work in wet clothing or boots.

9.1.4 Dirty Work

Mechanical and electrical tradespersons and maintenance non-trades employees engaged in work other than ship repair work which a supervisor and employee agree is of an unusually dirty or offensive nature will be paid per hour extra as set out in Item 10 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications:

(a) Mechanical and maintenance non-trades employees engaged in ship repair work which a foreperson and employee agree is of an unusually dirty or offensive nature will be paid for at an amount per hour extra as set out in Item 10;

(b) In the case of disagreement between the supervisor and employee, the dispute settling procedure prescribed in clause 36, Procedure for Resolving Claims, Issues and Disputes, of this award will be followed.

9.1.5 Restrictive Spaces

Mechanical and electrical tradespersons and maintenance non-trade employees working in restrictive spaces (as defined) will be paid per hour extra as set out in Item 11 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications:

(a) For the purpose of this clause, "restrictive space" means a compartment, space or a place the dimensions of which necessitate an employee working in a stooped or cramped position or without proper ventilation and, subject thereto, includes such space:

(i) in the case of a ship - inside complete tanks, chain lockers and peaks, in bilges, under engine beds, under engine rooms and stoke-hold floors or under or inside boilers;

(ii) in the other cases - inside boilers, steam drums, mud drums, furnaces, flues, combustion chambers, receivers, buoys, tanks, superheaters or economisers.

9.1.6 High Places

Electrical and mechanical tradespersons and maintenance non-trades other than riggers and splicers, employees working in any building or structure in a bosun’s chair or swinging scaffold, or engaged in the construction, erection, repair and/or maintenance of ships, steel frame buildings, bridges, gasometers or other structures at a height of 15 metres or more directly above the nearest horizontal plain will be paid an amount per hour extra as set out in Item 12 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications.

9.1.7 Oil Tanks

Employees working on repairs in oil tanks will be paid per hour extra as set out in Item 13 of Table 4 - Other Rates and Allowances of Part C - Monetary Rates - Restructured Classifications. Any employee so engaged for more than half of one day or shift will be paid the prescribed allowance for the whole of day or shift.

9.1.8 Explosive-powered Tools

Employees required to use explosive-powered tools will be paid per hour extra the amount as set out in Item 14 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications, with a minimum payment as set out in this award (subject to the minimum payments set out in Item 14).

9.1.9 Slag Wool

Maintenance employees handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise will, when employed on ship repairing or on construction, repair or demolition of furnaces, walls, floors and/or ceilings, be paid an amount per hour extra as set out in Item 15 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications.

9.2 Plumbers Disability Rates

(deleted - not relevant).

9.3 Electrical Tradespersons

9.3.1 Toxic Substances

(a) electrical tradesmen required to use toxic substances will be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials;

(b) electrical tradesmen using such materials will be provided with and will use all safeguards as are required by the appropriate Government authority;

(c) electrical tradesmen using toxic substances or materials of a like nature, where such substances or materials are used in quantities of 0.5 kg or over, will be paid an amount per hour extra as set out in Item 21 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications;

(d) electrical tradesmen working in close proximity to employees so as to be affected by the use of such substances or materials will be paid an amount per hour extra as set out in Item 22 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications;

(e) for the purpose of this subclause, toxic substances include epoxy-based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two-pack catalyst system are deemed to be materials of a like nature.

9.4 Bricklayers and Labourers

(deleted - not relevant).

9.5 Other Employees

9.5.1 Applying Obnoxious Substances

(a) a tradesperson painter or brush hand engaged in either the preparation and/or the application of epoxy-based materials or materials of a like nature will be paid an amount per hour extra as set out in Item 26 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications;

(b) in addition, tradesperson painters or brush hands applying such material in buildings which are normally air-conditioned will be paid an amount extra per hour for any time worked when the air-conditioning plant is not operating as set out in Item 27 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications;

(c) where there is an absence of adequate natural ventilation, the employer will provide ventilation by artificial means and/or supply an approved type of respirator and, in addition, protective clothing will be supplied where recommended by the appropriate Government authority;

(d) tradesperson painters or brush hands working in close proximity to tradesmen painters or brush hands so engaged will be paid an amount per hour extra as set out in Item 28 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications;

(e) for the purpose of this clause, all materials which include or require the addition of a catalyst hardener and reactive additives or two-pack catalyst system will be deemed to be materials of a like nature;

(f) this clause does not apply to employees who are paid rates fixed by Federal awards or to electrical tradespersons or linespersons.

9.5.2 Foundry Allowance

(deleted - not relevant).

9.5.3 Spray Painting

A tradesperson painter engaged on all spray painting carried out in other than a properly constructed booth, approved by the appropriate Government authority, will be paid an amount per hour extra as set out in Item 30 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications.

9.6 Rates Not Subject to Penalty Additions

The disability rates prescribed in this clause will be paid irrespective of the times at which the work is performed and are not be subject to any premium or penalty additions.

9.7 Special Rates Not Cumulative

Where an employee is entitled to more than one of the extra rates for disabilities which exist on the same job, the employer is bound to pay only the highest rate. This subclause does not apply to subclauses 9.1.1 Hot Places, 9.1.3 Wet Work, 9.1.4 Dirty Work, 9.1.5 Restrictive Spaces or 9.1.6 High Places, of this clause, the rates for which are cumulative.

9.8 Tools

9.8.1 The rates of pay for tradesperson classifications and apprentices appearing in Table 2 - Graded Trades Rates of Pay and Table 3 - Apprentices, of Part C - Monetary Rates - Restructured Classifications, are inclusive of tool allowances for such tradespersons.

9.8.2 The Company will provide for the use of tradespersons all necessary power tools, special purpose tools, precision measuring instruments and, for sheet metal workers, snips used in the cutting of stainless steel, monel metal and similar hard metals.

9.8.3 Where it was the practice as at 5 November 1979 for the Company to provide all tools ordinarily required by tradespersons in the performance of their work, the Company may continue that practice.

10. Maximum Payment

10.1 Shift allowance and special rates are not subject to any premium or penalty additions.

10.2 All rates prescribed by this award must not exceed double the rate prescribed by clause 6, Rates of Pay, or clause 8, Special Rates (All Purpose), of this award, or the corresponding clauses of a Federal award. This subclause does not apply to any excess due to payments arising from clause 9, Disability Rates, clause 15, Shift Work Allowances for Shift Workers, or clause 18, Sunday and Public Holiday Rates (in respect of work done on public holidays) of this award or the corresponding clause of a Federal award.

11. Retention of Rate

11.1 Retention of Total Rate - Appointments on or after 29 May 2001

11.1.1 Organisational Change

An employee who is appointed on or after 29 May 2001 to a classification which receives a lower total rate of pay than the classification held immediately prior to the appointment, due to the rationalisation of the Company's operations, the introduction of technological change, or changes in work practices, is subject to the following arrangements:

(a) Two or more years' service

An employee with two or more years' continuous service with the Company will retain the total rate of pay applicable to the previous classification. The following adjustments apply:

(i) In the first and second years after the date of appointment, all changes in the total rate of pay applicable to the previous classification.

(ii) In the third year after the date of appointment, half of any changes in the total rate of pay applicable to the previous classification.

(iii) No further adjustments are applicable in subsequent years.

(b) Less than two years' service

An employee with less than two years' continuous service with the Company will retain the total rate of pay applicable to the previous classification. The following adjustments apply:

(i) In the first year after the date of appointment, half of any changes in the total rate of pay applicable to the previous classification.

(ii) No further adjustments are applicable in subsequent years.

(c) When the total rate of pay of the employee's new classification exceeds the total rate of pay of the previous classification as adjusted under subparagraphs (a) or (b) of this paragraph, the employee will subsequently receive the total rate of pay of the new classification.

11.1.2 Market Change

An employee who is appointed on or after 29 May 2001 to a classification which receives a lower total rate of pay than the classification held immediately prior to the appointment, due to the market changes affecting the Company's operations, is subject to the following arrangements:

(a) An employee with two or more years' continuous service with the Company will retain the total rate of pay applicable to the previous classification. The following adjustments apply:

(i) In the first year after the date of appointment, all changes in the total rate of pay applicable to the previous classification.

(ii) In the second year after the date of appointment, half of any changes in the total rate of pay applicable to the previous classification.

(iii) No further adjustments are applicable in subsequent years.

(b) When the total rate of pay of the employee's new classification exceeds the total rate of pay of the previous classification as adjusted under subparagraph (a) of this paragraph, the employee will subsequently receive the total rate of pay of the new classification.

11.1.3 Definition of Total Rate of Pay

The "total rate of pay" is calculated by adding the award rate of pay applicable under this award, and the appropriate over-award or bonus payment. The total rate of pay excludes all allowances and penalty rates.

An exception to this is the leading hand allowance. Inclusion of the leading hand allowance into the total rate of pay only applies if an employee has been receiving the allowance for greater than six months, but ceases to be entitled to that allowance for reasons outlined in paragraphs 11.1.1 and 11.1.2of this subclause.

11.2 Retention of Rate - Appointments Prior to 29 May 2001

11.2.1 Where, as a result of the rationalisation of the Company's operations, the introduction of technological change, or changes in work practices, an employee is appointed prior to 29 May 2001 to a classification or classifications which receive lower earnings from the award rate of pay or bonus (or both) than did his or her classification immediately prior to the appointment or the first appointment ("the previous classification"):

(a) If the employee has two or more years' continuous service with the Company, he or she shall retain the award rate of pay or bonus (or both) applicable to the previous classification subject to the following adjustments:

(i) In the first and second years after the date of an employee's appointment, all changes in the award rate of pay or bonus applicable to the previous classification;

(ii) In the third year after the date of appointment, half of any changes in the award rate of pay or bonus applicable to the previous classification;

(iii) Thereafter, no further adjustments.

Provided that, when the award rate of pay or bonus of the employee's new classification exceeds the award rate of pay or bonus he or she then receives, he or she shall thereafter receive payment of the award rate of pay or bonus (or both), as the case may be, according to his or her new classification.

(b) If the employee has less than two years' continuous service with the Company, he or she shall retain the award rate of pay or bonus (or both) applicable to the previous classification subject to the following adjustments:

(i) In the first year after the date of appointment half of all changes in the award rate of pay or bonus applicable to the previous classification;

(ii) Thereafter, no further adjustments.

11.2.2 Where, as a result of a market change affecting the Company's operations, an employee is appointed prior to 29 May 2001 to a classification or classifications which receive lower earnings from the award rate of pay or bonus (or both) than did his or her classification immediately prior to the appointment or the first appointment ("the previous classification"), if the employee has two or more years' continuous service with the Company he or she shall retain the award rate of pay or bonus (or both) applicable to the previous classification subject to the following adjustments:

(a) In the first year after the date of his appointment, all changes in the award rate of pay or bonus applicable to the previous classification.

(b) In the second year after the date of his or her appointment, half of any changes in the award rate of pay or bonus applicable to the previous classification.

11.2.3 Where an employee, as a result of the circumstances specified in paragraphs 11.2.1 and 11.2.2 of this subclause, ceases to be entitled to a leading hand allowance, he or she shall (provided he or she had been receiving such leading hand allowance throughout the six months immediately proceeding such cessation of his or her entitlement thereto) retain the leading hand allowance to which he or she was entitled immediately proceeding such cessation of his or her entitlement subject to the same qualifications and adjustments as are specified in paragraphs 11.2.1 or 11.2.2 of this subclause in relation to the award rate of pay and bonus in the circumstances which result in the employee ceasing to be entitled to such leading hand allowance.

11.3 Agreement to Buy-out

There is scope for the Company and an employee and his or her union to agree to a one-off payment to buy out entitlements under subclauses 11.1 or 11.2 of this clause.

11.4 Definition of Award Rate of Pay

In this clause "award rate of pay" means the applicable rate of pay per 38-hour week set out in Table 1 - Restructured Ironworker Rates of Pay or Table 2 - Graded Trades Rates of Pay (excluding tool allowance), of Part C - Monetary Rates - Restructured Classifications.

The award rate of pay excludes all allowances and penalty rates.

12. Time and Payment of Wages

12.1 All wages will be paid fortnightly by electronic funds transfer directly into an account nominated by the employee with a bank, building society, credit union or other financial institution recognised by the Company.

12.2 Each pay period will commence at 7.20 a.m. on Sunday computed from 7.20 a.m. on 1 June 1958.

12.3 Any variation of this award expressed to operate from the beginning of a pay period will operate as if each fortnightly pay period comprises two separate weekly pay periods.

DIVISION 3 - HOURS OF WORK

13. Hours of Duty

13.1 Full-time Employees

Ordinary working hours will be an average of 38 hours per week over the full cycle of the relevant work roster. Ordinary working hours will not exceed:

13.1.1 Eight hours during any consecutive 24 hours, or up to 12 hours during any consecutive 24 hours where there is agreement between the Company and the majority of employees concerned in the relevant work area; or

13.1.2 152 in 28 consecutive days;

except in the case of rostering arrangements which provide for the weekly average of 38 ordinary hours to be achieved over a period which exceeds 28 consecutive days.

13.2 Day Workers

13.2.1 Ordinary working hours will be worked Monday to Friday, inclusive, between the hours of 6.00 a.m. and 6.00 p.m. each day.

13.2.2 On each day worked, Monday to Friday, inclusive, not less than 30 minutes nor more than 45 minutes will be allowed to day workers for a meal and, except in the case of urgent breakdown work necessary to secure an immediate resumption of operations, will be allowed between the hours of 11.30 a.m. and 1.20 p.m.

13.3 Shift Workers

13.3.1 20 minutes will be allowed to shift workers each shift for crib which will be counted as time worked.

13.3.2 In the case of 12-hour shift systems, two 20-minute crib breaks will be taken approximately four hours apart. Each crib break will be taken in accordance with the needs of the operation and will be counted as time worked.

14. Employees Presenting Themselves for Work and Not Required

Subject to the provisions of clause 32, Contract of Employment, of this award, an employee who presents him or herself for ordinary work without notice that he or she will not be required will be paid at least four hours' pay.

DIVISION 4 - SHIFT WORK AND OVERTIME

15. Shift Work Allowances for Shift Workers

15.1 Subject to the provisions contained in this award which provide otherwise, shift workers will be paid, in addition to the rates payable under this award, the following shift work allowances:

15.1.1 Shift workers whilst working rotating shifts (day shift, night shift, afternoon shift), with regular weekly changes - at the applicable rate per 38-hour week as set out in Item 31 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications of this award, in respect of all shifts worked.

Exceptions to this are that:

(a) each such rotating shift worker, when engaged under a roster system which does not provide for at least one third of his or her working time in the full cycle of the roster being on day shift, will be paid an additional shift allowance at the rate per 38-hour week as set out in Item 32 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications, in respect of each of any number of afternoon and/or night shifts more than two-thirds of his or her working time in the roster worked by the employee;

(b) working time on day shift will, if necessary, include shifts rostered off on day shift not exceeding an average over the full cycle of the roster of one per 38-hour week.

15.1.2 Shift workers whilst working shift work which involves regular weekly changes as follows:

(a) day shift, night shift;

(b) day shift, afternoon shift;

(d) day shift, day shift, night shift;

will be paid the applicable amount per 38-hour week as set out in Item 33 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications of this award.

15.1.3 Shift workers whilst working shift work on shift systems as follows:

(a) night shift, afternoon shift;

(b) night shift only;

will be paid the applicable amount per 38-hour week as set out in Item 34 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications.

15.1.4 Shift workers who work any afternoon or night shift other than under the shift systems set out in paragraphs 15.1.1, 15.1.2 and 15.1.3 of this subclause, and are not paid in respect of any day shift worked, will be paid at the applicable amount per shift for each afternoon or night shift worked as set out in Item 35 of Table 4 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications of this award.

15.1.5 Each shift allowance prescribed above is on a shift basis the rate being determined in each case by dividing the shift allowance prescribed by five.

15.2 In this clause "night shift" means any shift finishing after 12.00 a.m. and at or before 8.00 a.m.

15.3 Despite any other provisions of this clause, or clause 16, Saturday Rates for Shift Workers, or clause 18, Sunday and Public Holiday Rates, or clause 19, Night Work for Day Workers and Day Shift Workers, or clause 22, Overtime, of this award:

15.3.1 Electrical fitters, electrical mechanics and assistants to electrical tradespersons who are regularly employed in the shipping department will, while so working on shift work in that department, be paid in respect of ordinary time the following shift work allowances for the shifts specified below:

(a) on day shifts Monday to Friday - nil;

(b) on afternoon shifts Monday to Friday - an amount equal to 50% of the award ordinary wage rate;

15.3.2 Such shift allowances will not be paid in respect of any shift for which weekend and public holiday penalty rates are payable or in respect of any overtime shift.

15.3.3 An employee working shift work on Saturdays, Sundays or public holidays, or working overtime, will be entitled to the following wage rates in addition to his or her ordinary wage rates:

(a) Saturday work - 100%;

(b) Sunday work - 150%;

(d) overtime work on other than Sundays and public holidays - 100%;

(e) overtime work on Sundays and public holidays - 150%.

15.3.4 Any amount prescribed by this subclause will be calculated to the nearest 10 cents, any broken part of 10 cents in the result not exceeding 5 cents being disregarded.

16. Saturday Rates for Shift Workers

Shift workers who have an ordinary shift rostered on a Saturday will be paid at the rate of time and one-half.

17. Shift Workers Whose Ordinary Working Period Includes Sundays and Public Holidays as Ordinary Working Days

Employees may be required to work seven-day shift work to meet the needs of the business. These employees will be required to work Sundays and public holidays as ordinary working days.

18. Sunday and Public Holiday Rates

18.1 An employee will be paid at the rate of:

18.1.1 double time for all work done on Sundays;

18.1.2 double time and one-half for all work done on the public holidays prescribed in clause 23, Public Holidays, of this award.

18.2 A shift commencing on a Sunday or public holiday will be paid for at the Sunday or public holiday rates throughout and a shift which does not commence on a Sunday or public holiday, though it extends into a Sunday or public holiday, will not carry Sunday or public holiday rates for any part of this shift.

19. Night Work for Day Workers and Day Shift Workers

19.1 Subject to clause 10, Maximum Payment, of this award, but otherwise despite anything contained in this award:

19.1.1 a Day Worker who is required in lieu of ordinary day work; or

19.1.2 a Day Shift Worker who is required in lieu of a day shift on which he or she would ordinarily be rostered,

to work at night for periods of not less than a full shift on less than five consecutive nights, or on less than four consecutive nights when the fifth night is his or her 38-hour week rostered off night, will be paid at the rate of time and one half of the ordinary rate of pay for the purpose of clause 6, Rates of Pay, of this award or the corresponding clause of a Federal award, except:

19.1.3 on Saturdays, Sundays, 38-hour week rostered off days and holidays; and

19.1.4 in respect of any night for which the employee has not been given at least 48 hours' notice,

when the employee will be paid at overtime rates for Day Workers. No shift allowance is payable in respect of night work under this clause.

19.2 In this clause "night" means any hours between 3.20 p.m. and 7.20 a.m., and "Day Shift Worker" means a shift worker employed on a shift system involving day shift only.

20. Transfer of Day Workers from Day Work to Shift Work

20.1 Day workers may be employed as and become shift workers and paid accordingly. The period of transfer will not be less than:

20.1.1 five shifts; or

20.1.2 four shifts when the fifth shift is his or her 38-hour week rostered off shift.

20.2 Day workers should be given at least 48 hours' notice by the Company of the transfer to shift work. If this notice is not given by the Company, he or she will be paid at overtime rates for any shift upon which he or she are employed as a shift worker under this clause.

21. Transfer of Shift Workers

21.1 A shift worker who is required to work on a shift on which he or she would not ordinarily be rostered will be paid at overtime rates for any such shift. This provision does not apply if:

21.1.1 the Shift Worker has been given at least 48 hours' notice of the requirement to transfer; or

21.1.2 the Shift Worker is reverting to the shift on which he or she would ordinarily have been rostered.

22. Overtime

22.1 Day Workers

Day workers for all time worked:

22.1.1 in excess of, or outside, the ordinary working hours and time prescribed by this award; or

22.1.2 in excess of five hours without a meal break (except in the case of urgent breakdown work necessary to secure an immediate resumption of operations),

will be paid at a rate of time and one-half for the first two hours and at the rate of double time after that.

22.2 Shift Workers

Shift workers for all time worked:

22.2.1 in excess of the ordinary working shift hours prescribed by this award; or

22.2.2 on more than 11 shifts in 12 consecutive days; or

22.2.3 on a rostered shift off; or

22.2.4 in excess of five and one-half hours without a crib break,

will be paid at the rate of time and one half for the first two hours and at the rate of double time after that.

This subclause will not apply when the time is worked:

22.2.5 by arrangement between the employees themselves; or

22.2.6 for the purpose of effecting the customary rotation of shifts.

22.3 General

22.3.1 Minimum Eight Hour Rest

(a) Where overtime work is necessary, it should, where reasonably practicable, be arranged so that employees have at least eight consecutive hours off duty between the work of successive days.

(b) An employee who works so much overtime between the end of his or her ordinary work on one day and the commencement of his or her ordinary work on the next day that he or she has not had at least eight consecutive hours off duty between those times will, subject to this subclause, be released after the completion of working overtime until he or she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of the Company such an employee resumes or continues working without having had eight consecutive hours off duty, he or she will be paid at double rate until he or she is released from duty for such period and he or she will then be entitled to be absent until he or she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such period.

If, immediately after taking an eight-hour rest period, an employee is required to report for work outside his or her ordinary day or shift commencing time and reasonable means of transport are not available, the Company should convey or supply the employee with transport to work.

22.3.2 Minimum Payment

(a) a day worker required to work on a Saturday, Sunday, a 38-hour week rostered day off or a public holiday; or

(b) a Monday to Saturday shift worker required to work on a Sunday, a 38-hour week rostered day off or a public holiday,

will be paid for a minimum of four hours' work. Provided that, where the actual working time is less than four hours, the working period will not be regarded as overtime for the purposes of paragraph 22.3.1 of this clause.

22.3.3 Rounding Up to Nearest Quarter of an Hour

For the purposes of this clause, a fraction of a quarter of an hour of overtime counts as a quarter of an hour if more than five minutes have been worked.

22.3.4 Payment for Call-out

An employee recalled from his or her home to work overtime will be paid for a minimum of four hours' work. If the actual time worked is shorter than four hours, the working period will not be regarded as overtime for the purpose of paragraph 22.3.1 of this subclause. For the purpose of this clause, a recall from home to work overtime takes place when the employee is notified at home of the requirement to return to work. An employee recalled from his or her home to work overtime will, at the employee's option, be provided with a suitable meal free of cost for each normal meal break falling during the overtime for which he or she was called out, or be paid for a meal allowance as set out in Item 36 of Table 4 of Part C - Monetary Rates - Restructured Classifications of this award.

22.3.5 Crib

An employee required to continue at work on overtime for more than one and a half hours after his or her ordinary ceasing time, who was not notified before leaving work on the previous day or shift that he or she would be required to work overtime, may choose to receive either:

(a) a suitable meal free of cost, and another meal for each subsequent meal break into which the work extends; or

(b) payment of a meal allowance as set out in Item 36 of Table 4, Other Rates and Allowances of Part C - Monetary Rates - Restructured Classifications of this award.

22.3.6 Spoilt Meal

If an employee reports to work on notified overtime to find that he or she is not required to work, or is required to work less than one and a half hours, and he or she has brought a meal to work, he or she is entitled to payment of a meal allowance as set out in Item 36 of Table 4 of Part C - Monetary Rates - Restructured Classifications of this award, as compensation.

22.3.7 Transport Home

Where an employee working overtime finishes work at a time when reasonable means of transport is not available to them, the Company will:

(a) within a reasonable time transport the employee to:

(i) a reasonable distance from his or her home; or

(ii) a place to which the employee usually travels by public transport when returning home from work; or

(iii) a place from which he or she can, within a reasonable time, obtain public transport to a reasonable distance from his or her home or the place to which he or she usually travels by public transport when returning home from work; or

(b) pay the employee his or her current rate of pay for the time reasonably occupied in reaching his or her home.

DIVISION 5 -TYPES OF LEAVE AND PUBLIC HOLIDAYS

23. Public Holidays

23.1 The days on which New Year's Day, Australia Day, Good Friday, the Saturday following Good Friday, Easter Monday, Anzac Day, Queen's Birthday, the local Eight Hour Day, Christmas Day and Boxing Day and the picnic day of the steel industry unions, if any, are observed and special days appointed by proclamation as public holidays throughout the State, are to be public holidays.

Day workers and Monday to Saturday shift workers not required to work on a public holiday will be paid for the public holiday at the ordinary rates of pay under clause 6, Rates of Pay, and clause 8, Special Rates (All Purpose) of this award, or the corresponding clause of a Federal award, and the applicable bonus.

23.2 This provision for payment does not apply to:

23.2.1 an employee whose rostered shift falls on a public holiday (subject to the provisions of subclause 27.2 of clause 27, Days Added to the Period of Annual Leave or Long Service Leave) of this award;

23.2.2 an employee who is absent without leave, or reasonable excuse, on the working day before or after a public holiday.

24. Sick Leave

24.1 Illness or Incapacity

An employee who is absent for his or her ordinary working hours due to personal illness or incapacity, and not due to his or her own serious and wilful misconduct, is entitled to be paid at ordinary time rates of pay and applicable bonus payment for the time of his or her absence, subject to the following:

24.1.1 Workers' Compensation

An employee is not entitled to be paid for an absence of any period for which he or she is entitled to workers' compensation.

24.1.2 Absence Notification

An employee must inform the Company of his or her inability to attend work within 24 hours of the commencement of his or her absence. An employee should state the nature of the illness or incapacity and the estimated duration of his or her absence.

24.1.3 Proof of Absence

An employee must prove to the satisfaction of the Company or, in the event of a dispute, the Industrial Relations Commission of New South Wales that he or she is or was unable to attend for duty on the day or days for which payment under this clause is claimed on account of his or her illness or incapacity.

24.2 Entitlements

24.2.1 Calculation of Entitlements

An employee is entitled to sick pay for the number of ordinary working hours based on the years of his or her continued employment as follows:

(a) an employee with less than one year's continued employment is entitled to 40 ordinary hours;

(b) an employee with one or more years' continued employment but less then ten years' continued employment is entitled to 64 ordinary hours;

(d) claimed leave will be deducted from the employee's accrued leave.

24.2.2 Accumulation of Entitlements

Unused sick leave will accumulate each year of continuous employment with the Company, whether under this or any other award. Accumulated sick leave may be used in subsequent years of continued employment subject to the conditions prescribed by this clause. The maximum period of accumulation is 16 years, from the end of the year in which he or she accrued.

24.2.3 Three Months' Minimum Service

There is no entitlement to sick leave until an employee has completed three months' continuous service.

24.2.4 Continuous Service

For the purpose of this clause, continuous service is considered as not being broken by:

(a) any absence from work on leave granted by the Company; or

(b) any absence from work due to personal illness, injury or other reasonable cause which the employee has provided sufficient proof.

These absences will not be taken into account in computing the qualifying period of three months.

25. Personal/Carer's Leave

25.1 Use of Sick Leave

25.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (b) of paragraph 25.1.3 of this subclause, who needs the employee's care and support, is entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 24, Sick Leave, of this award for absences to provide care and support for such persons when he or she is ill. Such leave may be taken for part of a single day.

25.1.2 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 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.

25.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:

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

(b) the person concerned being:

(i) a spouse of the employee; or

(ii) 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

(iii) a child or an adult child (including an adopted child, a stepchild, 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

(iv) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(v) a relative of the employee who is a member of the same household, where for the purpose of this subparagraph:

(A) "relative" means a person related by blood, marriage or affinity;

(B) "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

25.1.4 An employee will, wherever practicable, give the Company 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.

25.2 Unpaid Leave for Family Purpose

25.2.1 An employee may elect, with the consent of the Company, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (b) of paragraph 25.1.3 of subclause 25.1 of this clause who is ill.

25.3 Annual Leave

25.3.1 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.

25.3.2 Access to annual leave, as prescribed in 25.3.1 of this subclause, will be exclusive of any shutdown period provided for elsewhere under this award.

25.3.3 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.

25.4 Time Off in Lieu of Payment for Overtime

25.4.1 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 employer within 12 months of the election.

25.4.2 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.

25.4.3 If, having elected to take time as leave in accordance with paragraph 25.4.1 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 of employment.

25.4.4 Where no election is made in accordance with paragraph 25.4.1 of this subclause, the employee will be paid overtime rates in accordance with the award.

25.5 Make-up Time

25.5.1 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.

25.5.2 An employee on shift work 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), at the shift work rate which would have been applicable to the hours taken off.

25.6 Rostered Days Off

25.6.1 An employee may elect, with the consent of the Company, to take a rostered day off at any time.

25.6.2 An employee may elect , with the consent of the Company, to take rostered days off in part-day amounts.

25.6.3 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.

25.6.4 This subclause is subject to the Company informing each union which is both party to the award and which has members employed at the Works of its intention to introduce an enterprise system of rostered day off flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

26. Annual Leave

26.1 Day Workers and Monday to Saturday Shift Workers

For annual leave provisions see the Annual Holidays Act 1944.

26.2 Shift Workers under clause 17, Shift Workers Whose Working Period Includes Sundays and Public Holidays as Ordinary Working Days

26.2.1 In addition to the annual holiday of four weeks provided by section 3 of the Annual Holidays Act 1944 for a year of employment, seven-day shift workers under clause 17 are entitled to the additional leave specified below:

(a) if an employee has worked as a seven-day shift worker for the full year, he or she is entitled to one week's additional leave;

(b) subject to subparagraph (d) of this paragraph, if an employee has worked as a seven-day shift worker for only a portion of the year, he or she is entitled to one additional day of leave for every 33 ordinary shifts worked as a seven-day shift worker;

(c) subject to subparagraph (d) of this paragraph, an employee will be paid for additional leave at the annual leave rate of pay for the number of ordinary hours of work for which the employee would have been rostered for duty during the period of additional leave;

(d) where the additional leave calculated under this subclause is or includes a fraction of a day, the fraction will not form part of the leave period. Any fraction will be discharged by payment only;

(e) in this clause, reference to one week and one day includes holidays and non-working days.

26.2.2 Where an employee's employment is terminated and he or she is therefore entitled under section 4 of the Annual Holidays Act 1944 to payment in lieu of an annual leave with respect to a period of employment, he or she is also entitled to an additional payment of three hours at the annual leave rate of pay for each 21 shifts of service as a seven-day shift worker which he or she worked during his or her period of employment.

26.3 Monday To Saturday Shift Workers Who Are Regularly Rostered For Duty On Saturdays As Ordinary Working Days

In addition to the annual holiday of four weeks provided by section 3 of the Annual Holidays Act 1944 for a year of employment, Monday to Saturday shift workers who are regularly rostered for duty on Saturdays as ordinary working days are entitled to the additional leave specified below:

26.3.1 For every 13 Saturdays upon which an employee worked an ordinary shift as a Monday to Saturday shift worker who is rostered for duty on Saturdays as ordinary working days, he or she is entitled to one day additional leave for that year.

26.3.2 Where the additional leave calculated under this subclause is or includes a fraction of a day, the fraction will not form part of the leave period. Any fraction will be discharged by payment only.

26.3.3 The additional entitlements under this subclause will apply only to leave which becomes fully due on or after 23 September 1980.

26.4 All Employees - Annual Leave Loading

26.4.1 An employee will be paid a loading of 20% for the period of his or her annual leave, calculated on the less of:

(a) his or her ordinary pay pursuant to the Annual Holidays Act 1944 and, where applicable, his or her annual leave rate of pay pursuant to this clause and clause 27, Days Added to the Period of Annual Leave or Long Service Leave, of this award; or

(b) the sum of:

(i) the employee’s award rate of pay for ordinary time at the commencement of his or her annual leave as prescribed for the purpose of clause 6, Rates of Pay, of this award; and

(ii) the employee’s applicable bonus payable at the commencement of his or her annual leave; and

(c) provided that an employee who would have worked on shift work had he/she not been on annual leave will be paid whichever is the greater of:

(i) the loading; or

(ii) the shift work allowances specified in clause 15, Shift Work Allowances for Shift Workers, and the weekend penalty rates specified in clause 16, Saturday Rates for Shift Workers, and (in respect of Sundays only) clause 18, Sunday and Public Holiday Rates, of this award that would have been payable to the employee in respect of ordinary time during his or her period of annual leave had he or she not been on annual leave.

26.4.2 The loading prescribed by this subclause will apply to payment in lieu of a fully due annual holiday on termination of employment, but will not apply to proportionate annual holiday payment on termination of employment.

27. Days Added to the Period of Annual Leave Or Long Service Leave

27.1 Seven-day Shift Workers

A seven-day shift worker under clause 17, Shift Workers Whose Working Period Includes Sundays and Public Holidays as Ordinary Working Days, of this award, is entitled to one added day of annual leave or long service leave, if a public holiday prescribed in clause 23, Public Holidays, of this award falls within the period of leave.

27.2 Rostered Off Duty

An employee who is rostered off duty on a day which is a public holiday prescribed by this award and who is not required to work on that day will:

27.2.1 By mutual consent, be paid, in the pay for the period in which the public holiday falls, for the public holiday at the rate payable pursuant to clause 23, Public Holidays; or

27.2.2 have one day added to his or her annual leave period

This subclause does not apply when the public holiday falls:

27.2.3 on a Saturday or Sunday, except in the case of employees employed as seven-day shift workers under clause 17, Shift Workers Whose Working Period Includes Sundays and Public Holidays as Ordinary Working Days, of this award; or

27.2.4 on a Sunday in the case of employees employed as Monday to Saturday shift workers who are regularly rostered for duty on Saturdays as ordinary working days.

27.3 Rate for Added Days

Any day or days added in the case of annual leave will be paid for at the annual leave rate of pay. Any day or days added in the case of long service leave will be paid at the long service leave rate of pay.

27.4 Discharging Added Days

Any day or days added in accordance with subclauses 27.1 or 27.2 of this clause will be the working day or working days immediately following the period of annual leave to which the employees are entitled under clause 26, Annual Leave, or clause 28, Long Service Leave of this award.

27.5 Definition of Working Days

For the purposes of subclause 27.4 of this clause, "working days" will be:

27.5.1 In the case of an employee who, at the commencement of his or her period of annual leave, was employed as a day worker - any day of the week including a day on which employee concerned would have been rostered off duty if he or she were not on annual leave or long service leave, but excluding a Saturday, a Sunday or a public holiday prescribed by this award.

27.5.2 In the case of an employee who, at the commencement of his or her period of annual leave, was employed as a Monday to Saturday shift worker - any day of the week other than a Sunday or a public holiday prescribed by this award, including a day on which the employee concerned would have been rostered off duty if he or she were not on annual leave or long service leave.

27.5.3 In the case of an employee who, at the commencement of his or her period of annual leave, was employed as a seven-day shift worker under clause 17, Shift Workers Whose Working Period Includes Sundays and Public Holidays as Ordinary Working Days - any day of the week, including a day on which the employee concerned would have been rostered off duty if he or she were not on annual leave.

27.6 Termination Payment

Where an employee’s employment has been terminated and he or she becomes entitled, under section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday with respect to a period of employment, he or she is also entitled to an additional payment for each day accrued to them under subclause 27.2 of this clause at the annual leave rate of pay.

27.7 Seven-day Shift Workers

An employee who is employed as a seven-day shift worker who:

27.7.1 has a day added to his or her annual leave pursuant to subclauses 27.1 and 27.2 of this clause; and

27.7.2 such a day falls on a public holiday prescribed by clause 23, Public Holidays, on which the employee would have been rostered to work an ordinary shift were it not for his or her entitlement to an added day,

will be paid for such day, in addition to his or her entitlement under subclause 27.3 of this clause, at the rate prescribed by subclause 23.1 of clause 23, Public Holidays of this award.

28. Long Service Leave

28.1 For long service leave provisions see the Long Service Leave Act 1955.

28.2 Despite the Long Service Leave Act 1955, the award rate element of ordinary pay for long service leave will be either:

28.2.1 the rate determined in accordance with the Long Service Leave Act 1955; or

28.2.2 the rate applicable to the employee at the commencement of his or her long service leave entitlement,

whichever is the greater.

28.3 An employee is entitled to have all days which are prescribed as public holidays by clause 23, Public Holidays, of this award treated as days appointed by the Governor as public holidays for the purposes of the application to him or her of section 4 (4A) of the Long Service Leave Act 1955.

29. Jury Service

29.1 An employee required to attend jury service:

29.1.1 during his or her ordinary working hours; or

29.1.2 immediately following an ordinary night shift or immediately before an ordinary afternoon shift on which the employee is rostered to work and, as a result of attending for jury service, is not reasonably able to report for work on the night shift or afternoon shift,

will be reimbursed by the Company the difference between the amount paid to them by the Court for his or her attendance for jury service and his or her ordinary time rate of pay and applicable bonus for the period he or she would have worked had he or she not attended for jury service.

29.2 An employee must notify the Company as soon as possible of the date upon which he or she is required to attend for jury service.

29.3 An employee must give the Company proof of his or her attendance, the duration of such attendance, and the amount received from the Court in respect of the jury service.

30. Compassionate Leave

30.1 Entitlement

An employee, other than a casual employee, will be entitled to up to two days' compassionate leave without deduction of pay, on each occasion of the death of a person as prescribed in subclause 30.3 of this clause. In addition to the ordinary-time rate of pay, the employee will be paid the amount of over-award or bonus he/she would have otherwise received during ordinary working hours.

30.2 An employee is not entitled to compassionate leave if the period of leave coincides with any other period of paid leave.

30.3 Compassionate 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 (b) of paragraph 25.1.3 of subclause 25.1 of clause 25, Personal/Carer's Leave, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.

30.4 Compassionate leave may be taken in conjunction with other leave available under subclauses 25.2, 25.3, 25.4, 25.5 and 25.6 of the said clause 25. In determining such a request, the Company will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

30.5 Notification

The employee must notify the Company as soon as practicable of the intention to take compassionate leave and will provide to the satisfaction of the employer proof of death.

31. Parental Leave

For parental leave provisions refer to Part 4, Parental Leave, of Chapter 2, Employment, of the Industrial Relations Act 1996, as amended from time to time.

DIVISION 6 - EMPLOYMENT RELATIONSHIP

32. Contract of Employment

32.1 Weekly Employment

Employment will be on a weekly basis, subject as provided for elsewhere in this award.

32.2 Probation

Employees will be on probation for the first three months of his or her employment. Employment will be on a daily basis at the weekly rate fixed and may be terminated for the first week at a day's notice and subsequently may be terminated on one week's notice, or by the payment in lieu or forfeiture of one week's wages, as the case may be.

32.3 Termination

Subject to clause 32.2 of this clause, employment may be terminated by one week's notice on either side, given at any time during the week, or by the payment or forfeiture of one week's wages, as the case may be. Where an employee has given notice, or has been given notice by the Company, he or she will, upon request, be granted leave of absence without pay for one day or shift during the period of notice in order to look for alternative employment.

32.4 Performance of Work

Employees must perform such work as the Company may, from time to time, reasonably require. An employee who does not perform or attend for his or her duty will lose his or her pay for the actual time of non-attendance or non-performance, except as provided by clause 24, Sick Leave.

32.5 Deduction of Pay for Non-work

This clause does not affect the right of the Company to deduct payment for any day during which an employee cannot be employed usefully because of any strike, or through any breakdown of machinery, or due to any cause for which the Company reasonably cannot be held responsible.

32.6 Stand Down

Despite the provisions of this clause, the Company has the right to stand an employee down for refusal of duty, malingering, inefficiency, neglect of duty or misconduct on the part of the employee. The Company may deduct payment for any day or portion of a day during which the employee is stood down, subject to the following:

32.6.1 Investigation

No employee may be stood down before an adequate investigation of the circumstances of the alleged offence has been made or before the employee has had an opportunity to state his or her case and present witnesses to the facts. This does not apply in the case of a group standing down.

32.6.2 Only Superintendent May Stand Down

Only the employee’s superintendent may make a decision as to the standing down of the employee when the superintendent is on duty.

32.6.3 Limited Ability of Supervisor to Stand Down

The right of the employee's supervisor to stand down an employee is limited to situations where the employee’s superintendent is not on duty. The supervisor can only stand down an employee for a period not exceeding the balance of the shift, and only in cases where the employee refuses duty or where the supervisor reasonably is of the opinion that the continued presence of the employee on the plant would be likely to:

(a) constitute a hazard either to that employee or to other employees, or to plant and equipment; or

(b) interfere with normal and orderly functioning of the Company's operations; or

32.6.4 Superintendent Interview Following Supervisor Standing Down

Where a supervisor stands an employee down, the supervisor will arrange for the employee to be interviewed by the superintendent not later than the commencement of the employee's next rostered shift of duty or another mutually arranged time. The superintendent, after reviewing the case, must inform the employee of his or her decision on the matter.

32.6.5 Appeal

An employee is entitled to appeal to the relevant Company human resources representative for his or her department against any decision of a superintendent. Despite the appeal, the superintendent's decision takes effect pending the determination of the appeal.

32.6.6 Working in Other Departments

If an employee is working in a department other than his or her normal department, the employee may be stood down by the appropriate supervisor for that department, subject to the other parts of this clause.

32.6.7 Definition of Superintendent

"Superintendent" includes:

(a) any officer with authority higher than that of a superintendent;

(b) any officer acting as a superintendent's deputy in the absence of a superintendent;

(c) in a department where there is no officer with the title of superintendent, the supervisor who is in charge and in his or her absence his or her deputy.

32.6.8 Definition of Department

"Department" includes a section of the plant called a "department" and any other separately administered section of the plant.

32.6.9 Definition of Group Standing Down

"Group standing down" means the standing down of a group of not less than four employees who have refused duty or who have committed misconduct whilst acting in concert.

32.7 Summary Dismissal

This clause does not affect the right of the Company to dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of duty or misconduct. Where an employee is summarily dismissed, wages will be payable up to the time of dismissal only, subject to the following:

32.7.1 Investigation

No employee may be dismissed without notice before an adequate investigation of the circumstances of the alleged offence has been made.

32.7.2 Only Superintendent May Dismiss

Only the employee’s superintendent may make a decision to dismiss the employee without notice.

32.7.3 Must State Reasons for Dismissal

When a superintendent decides to dismiss an employee without notice, the superintendent must give the employee the reasons for the dismissal without notice.

32.7.4 Contesting Dismissal

If immediately following a dismissal without notice the dismissed employee, or the employee's delegate, tells the superintendent that the dismissal will be contested:

(a) the dismissal will take effect seven calendar days from the time that the employee was told of his or her dismissal; and

(b) during these seven calendar days, despite the provisions of subclause 32.6 of this clause, the employee will be stood down without pay.

32.7.5 Definitions

The word "superintendent" has the same meaning as in subclause 32.6.7 of this clause.

33. Requirements to Work in Accordance With the Needs of the Industry

33.1 Overtime

For the purpose of meeting the needs of the industry, the Company may require an employee to work reasonable overtime, including work on a Sunday and a public holiday, at the rate prescribed by this award. Unless reasonable excuse exists, the employee will work in accordance with this requirement.

33.2 Change of Shift System

Subject to clause 20, Transfer of Day Workers from Day Work to Shift Work, and clause 21, Transfer of Shift Workers, of this award, for the purpose of meeting the needs of the industry the Company may require any employee to transfer from one shift system to another shift system prescribed by this award at the applicable rate. Unless reasonable cause exists, an employee will work in accordance with this requirement.

34. Termination of Employment Due to Retrenchment Or Redundancy

34.1 Retrenchment

34.1.1 Application

This subclause applies to collective dismissals by way of retrenchment, whether made at the same time or over a period of time and where the dismissals relate to circumstances affecting the Company's enterprise and not to the conduct of the employees. It does not apply to the termination of employment on account of the introduction of mechanisation or technological change.

34.1.2 Informing Unions and Employees Affected

The Company is obliged to inform the union parties to this award, and the Company's employees who may be affected by any retrenchments, of the facts and circumstances of the proposed retrenchments as soon as the Company becomes aware that the retrenchments are necessary.

34.1.3 Notice of Termination

Despite any other provision of this award, an employee being dismissed will receive four weeks' written notice of dismissal, or four weeks' pay in lieu of notice given.

34.1.4 Leave to Seek Alternative Employment

If an employee is required to work out his or her four weeks' notice, the employee is entitled to one day's leave with pay in each of the four weeks to enable him or her to look for alternative employment.

34.1.5 Severance Payment

An employee is entitled to a severance payment whichever is the higher of:

(a) payments prescribed under the Employment Protection Act 1982 or any legislation which succeeds or replaces it; or

(b) the severance payment prescribed below:

(i) Four weeks' basic pay as defined; and

(ii) Payments related to age and service, according to the following table:

Age at time of	Less than 6 months'	Benefits after 6 months'
termination	continuous service	continuous service
Under 55	No payment	1.25 weeks' basic pay for each
		year of continuous service, or
		part thereof on a pro rata basis.
55 or older	No payment	1.5 weeks' basic pay for each
		year of continuous service, or
		part thereof on a pro rata basis.

The scheme under subparagraph (b) of this paragraph has a maximum payment of 26 weeks' pay.

A week's basic pay refers to the award wage, plus applicable over-award or bonus. Basic pay does not include shift work allowances, weekend penalties or overtime.

34.1.6 Less than Six Months' Service Not Entitled

Employees retrenched who have less than six months' continuous service are not entitled to severance pay under this subclause.

34.2 Mechanisation or Technological Change

34.2.1 Application

This subclause applies despite the provision of clause 32, Contract of Employment, where, on account of the introduction or proposed introduction by the Company of mechanisation or technological changes in the industry covered by this award, the Company proposes to terminate the employment of an employee.

34.2.2 Notice of Termination

An employee covered by this subclause will be given three months' notice of the termination of his or her employment. If the employment of an employee is terminated and the Company fails to give such notice in full:

(a) The Company will pay the employee at the ordinary rate of pay for the employee's classification for a period equal to the difference between three months and the period of the notice given; and

(b) The period of notice required by this paragraph is deemed to be service with the Company for the purpose of the Annual Holidays Act 1944 and the Long Service Leave Act 1955 or any Act amending or replacing either of those Acts.

34.2.3 Less than 12 Months' Service Not Entitled

Employees who have less than 12 months' continuous service are not covered by this subclause.

34.2.4 Dismissal for Other Reasons Not Prejudiced

The right of the Company to dismiss an employee for reasons specified in clause 32, Contract of Employment, is not prejudiced by the fact that the employee has been given notice under this subclause of the termination of his or her employment.

34.3 Notifications

34.3.1 Application

This subclause applies if the Company proposes to introduce into the industry covered by this award mechanisation or technological changes which will result in one or more employees becoming redundant.

34.3.2 When Notifications Must Be Given

At least six months before the introduction of mechanisation or technological changes referred to in paragraph 34.3.1 of this subclause, the Company shall give notifications in accordance with paragraph 34.3.3 and, if it is not practicable for the Company to give such notifications at least six months before such introduction, then the Company shall give the notifications as early as it is practicable for the Company to give them.

34.3.3 Whom Notifications are to be Given To

The notifications to be given in accordance with paragraph 34.3.2 of this subclause are notifications in writing to:

(a) the Industrial Registrar;

(b) the Director of the Vocational Guidance Bureau;

(d) the state secretaries of the relevant unions.

34.3.4 Content of Notifications

The notifications to be given in accordance with paragraph 34.3.2 of this subclause shall state:

(a) the number of employees who may become redundant;

(b) the occupation of these employees;

35. Anti-Discrimination

35.1 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.

35.2 It follows that, in fulfilling his or her obligations under the dispute resolution procedure prescribed by clause 36 of 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.

35.3 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.

35.4 Nothing in this clause is to be taken to affect:

35.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;

35.4.2 offering or providing junior rates of pay to persons under 21 years of age;

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

35.4.4 a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

35.5 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.

NOTES

(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 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.”

36. Procedure for Resolving Claims, Issues and Disputes

36.1 Introduction

The parties intend that the level of direct action in the Company's operations, particularly strikes, be greatly reduced in order to provide a basis for a reduction of the ordinary weekly hours of work in the steel industry to 38 and to minimise contraction of the industry's operations.

To enable claims, issues and disputes to be progressed while work proceeds normally, the following procedure will apply:

36.1.1 Departmental Claims, Issues And Disputes

(a) Employee(s) and/or delegate(s) of the union(s) involved will place the claim, issue or dispute before the immediate supervisor. The immediate supervisor will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible. If the reply cannot be given by the end of the next ordinary working shift, a progress report will be given.

(b) Failing agreement, employee(s) and/or delegate(s) of the union(s) involved will place the claim, issue or dispute before the superintendent or deputy. The superintendent or deputy will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible. If a reply cannot be given by the end of the superintendent's or deputy's next ordinary working day, a progress report will be given.

(c) Failing agreement, employee(s) and/or delegate(s) and/or official(s) of the union(s) involved will place the claim, issue or dispute before the Company's Employee Relations Department. The claim, issue or dispute and all relevant circumstances relating to it will then be fully reviewed by the management of the Company and by the union(s) involved and all reasonable steps will be taken in an endeavour to resolve the matter.

(d) Failing agreement, the claim, issue or dispute will be referred to the appropriate industrial relations tribunal, if the union(s) wants to pursue it further.

(e) The above procedures in subparagraphs (a) to (c) of this paragraph do not apply to claims, issues or disputes relating to genuine safety matters. In such matters the Company will undertake immediate investigations including discussions with the employee(s) and/or delegate(s) and/or official(s) of the union(s) involved. As necessary the appropriate Government authority will be involved.

36.1.2 General Claims, Issues And Disputes

(a) The official(s) and delegate(s) of the union(s) involved will place the claim, issue or dispute before the Company's Employee Relations Department, which will take all reasonable steps to reply as soon as possible.

(b) Failing agreement, the claim, issue or dispute will be referred to the appropriate industrial relations tribunal if the union(s) wants to pursue it further.

36.2 Other Rights and Duties

The provisions of this clause will not affect in any way any other rights and duties of any party to this award pursuant to the Industrial Relations Act 1996 or any other Act or at common law in relation to any matter.

36.3 Review of Procedure

The operation of this clause will be jointly reviewed by the parties at regular intervals.

DIVISION 7 - MISCELLANEOUS

37. Delegates

37.1 Recognition of Delegates

37.1.1 The Company will recognise an employee who is a delegate representing the employees in a shop or department where he or she is employed. A delegate will be allowed the necessary time to interview the employees for whom the delegate represents, the Company or its representatives, during working hours, where there is a dispute affecting employees in his or her shop or department.

37.1.2 The Company will not be bound to recognise as a delegate any employee whom the union concerned has sent written notification to the Company that it does not recognise that employee as a delegate.

37.1.3 The Company will, upon request, provide each recognised delegate with a suitable locker for the purpose of storing relevant union material at the workplace.

37.2 Delegates' Training

37.2.1 The Company recognises the unions' desire for delegates' training and will cooperate with unions to facilitate release and pay ordinary wages to delegates attending agreed courses in cases where:

(a) there is prior consultation with the Company about the course and the ability to release particular employees from the job;

(b) the course is aimed at improving industrial relations and deals with relevant matters in a positive and responsible manner;

The Company will not unreasonably refuse to release delegates to attend training courses that comply with subparagraphs (a), (b) and (c) of this paragraph.

38. Apprentices

Where any provisions of this award, so far as they relate to apprentices, are inconsistent with the provisions of this clause, the provisions of this clause will, to the extent of the inconsistency, prevail.

38.1 Conditions of Employment

The ordinary conditions of employment, including method of payment, award holidays, hours and overtime, will be those contained in this award, provided an apprentice whilst under 18 years of age will not be allowed to work shift work, and an apprentice will not work shift work unless working under the control of a tradesperson in the same trade. An apprentice will not be required to work overtime during the first year of his or her apprenticeship unless he or she is willing to do so.

38.2 Lost Time

The Company may deduct from the wages of an apprentice amounts proportionate to the working time lost by the apprentice in any wage period when suspended under the provisions of subclause 38.3 of this clause or owing to his or her absence from the service of the Company, unless such absence is caused by:

38.2.1 the Company's fault;

38.2.2 illness not exceeding one week in each year of service, duly certified by a qualified medical practitioner;

38.2.3 the occurrence of any public holiday prescribed by this award.

38.3 Disciplinary Code

38.3.1 Apprentices may be suspended by the Company without pay during such period of suspension for the following reasons, and subject to the undermentioned limitations of each suspension, viz:

Nature of Offence or Misdemeanour

Disobedience, Laziness, Bad Timekeeping, General Misconduct, etc.

First Offence - The apprentice will be cautioned and told that this caution will be noted on his or her history card.

Second Offence - The apprentice may be suspended for a period not exceeding five working days (without pay). Time lost by such suspension will be made up at the end of each year.

Third Offence - The apprentice may be suspended for a period not exceeding ten working days (without pay). Time lost by such suspension will be made up at the end of each year.

Following a suspension, the apprentice may be brought before the Company's Internal Apprenticeship Authority which will admonish the apprentice and advise them that his or her offence or misdemeanour, if persisted in, may lead to cancellation of his or her indenture in accordance with Part 4 of the Industrial and Commercial Training Act 1989.

Insolence, Wilful Disobedience, Wilful Damage to Property, Neglect of Safety Precautions which may result in injury to themself of fellow employees, Theft, Assault or Other Serious and Wilful Misconduct

First Offence - The apprentice may be instantly suspended for a period not exceeding five working days (without pay). Time lost by such days' suspension will be made up at the end of each year.

Second Offence - The apprentice may be instantly suspended for a period not exceeding ten working days (without pay). Time lost by such suspension will be made up at the end of each year.

Following a suspension, the apprentice may be brought before the Company's Internal Apprenticeship Authority which will admonish the apprentice. If such conduct is persisted in, the apprentice may be suspended immediately and his or her indenture may be cancelled in accordance with Part 4 of the Industrial and Commercial Training Act 1989.

38.3.2 When the Company intends to suspend an apprentice, it will immediately so advise the Commissioner for Vocational Training and the union or unions covering the apprentice's trade.

38.3.3 When the Company suspends an apprentice, the suspension will be effected by handing or delivering to the apprentice a notice in writing specifying:

(a) particulars of the offence alleged to have been committed;

(b) the period of suspension;

(d) the address of the Commissioner for Vocational Training; and

(e) that the apprentice is entitled to apply to the Commissioner for Vocational Training at that address, by letter, to have the suspension set aside.

38.3.4 The Company will forward a copy of the notice to the Commissioner for Vocational Training, the union or unions covering the apprentice's trade and to the parent or guardian of the apprentice on the same day as the notice is handed or delivered to the apprentice.

38.3.5 Any purported suspension not effected in accordance with the above will be of no effect.

38.3.6 Nothing in this clause will affect the rights or obligations of any party to the apprenticeship under the Industrial and Commercial Training Act 1989.

38.4 Wages

38.4.1 The minimum weekly rates of pay for apprentices are as set out in Table 3 - Apprentices, of Part C - Monetary Rates - Restructured Classifications of this award.

38.4.2 The total wages of apprentices will be calculated to the nearest five cents, any broken part of five cents in the result not exceeding half of five cents to be disregarded.

38.4.3 An employee who is under 21 years of age on the expiration of his or her apprenticeship and subsequently works as a minor in the occupation to which he or she has been apprenticed will be paid at not less than the adult rate prescribed for that classification.

38.4.4 The special rates provisions in this award will apply to apprentices in the trades where tradespersons are paid these special rates.

38.4.5 Tool Allowance - A tool allowance will be paid to apprentices as prescribed in Table 3 - Apprentices, of Part C - Monetary Rates - Restructured Classifications of this award. The allowance will apply for all purposes of the award.

38.4.6 Where it was the practice as at 14 December 1979 for the Company to provide all tools ordinarily required by an apprentice in the performance of his or her work, the Company may continue that practice and in that event the allowance prescribed in paragraph 38.4.5 of this subclause will not apply to such apprentices.

39. Department Work Redesign Agreement

39.1 Departments within the Company's operations may from time to time make Work Redesign Agreements which include new rates of pay and conditions of employment for employees covered by this award which differ from the provisions contained in the Part A - General Conditions and Part C - Monetary Rates - Restructured Classifications. A Work Redesign Agreement will take effect when this award is varied to incorporate the Agreement in Division 2 - Work Redesign Agreements of Part B - Agreements. Upon taking effect, the provisions of a Work Redesign Agreement will prevail over provisions contained in Part A- General Conditions and Part C - Monetary Rates - Restructured Classifications to the extent of any inconsistency.

39.2 The rates of pay contained in Part C - Monetary Rates - Restructured Classifications for each Department's Work Redesign Agreement are inclusive of the adult basic wage prescribed for the purposes of the Industrial Relations Act 1996.

PART B

AGREEMENTS

DIVISION 1 - GENERAL AGREEMENTS

40. Payment for Training

40.1 Scope of Agreement

This agreement applies to Company-authorised training to allow employees to:

40.1.1 carry out the full range of duties of his or her current classification; and/or

40.1.2 progress within the appropriate Employee Job Development model,

provided that the employee’s attendance at authorised training has been approved by supervision after consideration of the employee’s and Company’s needs, including operational requirements. Any refusal by supervision to grant such approval is subject to review under the established procedure for resolving industrial claims, issues and disputes or other local arrangements.

This agreement does not apply to training which is generally not associated with:

40.1.3 allowing employees to carry out the full range of duties of his or her current classification; and/or

40.1.4 the appropriate Employee Job Development model,

such as occupational health and safety committee training, trade union training, full-time training (e.g. apprentices) or training such as that covered by the Approved Student and Cadet Schemes and University Degrees.

So far as is reasonably practicable, having regard to operational requirements and the need to minimise labour costs additional to those of the employee’s paid ordinary hours, an employee’s training will be done during the employee’s ordinary hours of work (including where appropriate by rescheduling those hours).

40.2 Payments

Where with the approval of the Company an employee attends training authorised by the Company, the employee’s attendance will be on the following basis:

40.2.1 TAFE and other externally provided training whether conducted on or off the plant:

(a) during ordinary working hours - no deduction from the employee’s ordinary wages;

(b) outside ordinary working hours - attendance and payment at single-time payment will be approved in accordance with the needs of the authorised training. Generally this training will not exceed six hours per week except that additional training may be approved and single-time payment will be made if exceptional training requirements exist.

40.2.2 Other classroom training:

(a) during ordinary working hours - no deduction from the employee’s ordinary wage;

(b) outside ordinary working hours - single-time payments.

40.2.3 Computer-aided or computer-based training during ordinary working hours - no deduction from the employee’s ordinary wage.

40.2.4 Computer-aided or computer-based training outside ordinary working hours - single-time payment for the time spent training up to the maximum of the course duration as determined by the course designer or course coordinator. No payment will be made for time beyond that duration. Any refusal of payment is subject to review under the established procedure for resolving industrial claims, issues and disputes or other local arrangements.

40.2.5 On-the-job training:

(a) during ordinary working hours - no deduction from the employee’s ordinary wage;

(b) outside ordinary working hours - single-time payment for the employee’s initial training period. However, once the employee has completed the initial training period and commences experience training, the appropriate award overtime rates of pay will apply.

For the purposes of this subparagraph:

"initial training" is the training which an employee undertakes to the point where the employee’s supervision is satisfied that the employee has acquired sufficient knowledge and understanding of a skill, task or function to perform that skill, task or function; and

"experience training" is the training, if applicable, following initial training during which an employee is gaining experience in the skill, task or function which is required for the purpose of accreditation.

40.3 Repeat Training

40.3.1. If an employee fails to pass an accreditation stage:

(a) but has genuinely applied him or herself to training (as determined by supervision), supervision will authorise and pay the employee for additional training at a mutually agreed time (which fits in with the employee’s departmental requirements and does not disadvantage other employees);

(b) and has not made a genuine effort (as determined by supervision), the employee will be placed at the bottom of the training waiting list for that training requirement. The employee will not be paid for repeat training outside ordinary working hours and, unless circumstances require a different approach, repeat training will not be arranged during ordinary working hours.

40.3.2. Repeated failure will result in counselling by supervision to determine a solution.

40.3.3. Any disputes arising in relation to subparagraphs (a) and (b) of paragraphs 40.3.1 and to paragraph 40.3.2 of this subclause will be progressed through the established procedure for resolving industrial claims, issues and disputes or other local arrangements.

40.4 Refresher Training

In the case of an employee who is undertaking authorised refresher training (e.g. a forklift driver who has not driven a forklift for five years), the employee will receive payment in accordance with the appropriate payment for training provision in subclause 40.2 of this clause.

40.5 Definitions

40.5.1. "ordinary working hours" means:

the employee’s normal working hours in the case of a day worker;

the employee’s rostered on shifts in the case of a shift worker;

the employee’s rescheduled rostered on shifts in the case of a shift worker whose shifts have been rescheduled for the purposes of approved training.

40.5.2. "ordinary wage" means the employee’s ordinary wage (including shift and weekend premiums and any allowances but excluding disability allowances if these are not experienced) and bonus. It is paid for time spent in tuition, travelling and examination only.

40.5.3. "single-time payment" means the employee’s ordinary award wage and bonus and excludes shift and weekend premiums, overtime, special rates, etc. It is paid for the time spent in tuition and examination only.

40.5.4. "classroom training" means training conducted by a trainer, supervisor or other suitably qualified person in any training centre, conference room, crib room or office.

40.6 Miscellaneous

40.6.1. An employee is training until he or she receive accreditation for the skills being learned.

40.6.2. Where an employee is required to travel from work, during ordinary working hours, to attend TAFE or other externally provided training, or travel from training back to work, the employee will be allowed up to 30 minutes travelling time. This travelling time will be paid at the employee’s ordinary wage. If the travelling time is outside the employee’s ordinary working hours, no payment will be made.

40.6.3. Employees will not be expected to work excessive hours and attend at the same time (i.e. an employee will not be expected to work and train on sequence of doublers).

40.7 Exceptions to subclause 40.2 of this clause

40.7.1. If an employee is required to attend authorised training outside ordinary working hours on a Saturday, Sunday, Public Holiday or rostered day off, the employee will be entitled to the appropriate penalty payments or, by agreement, time off in lieu.

For the purposes of this paragraph:

(a) "appropriate penalty payments" means the appropriate award overtime payments;

(b) shift allowance is not paid on any shift; and

(c) "time off in lieu" is equal time, not penalty time (e.g. if an employee trains for eight hours on Saturday and it is agreed that the employee has time off in lieu, the employee has eight hours off work).

40.7.2. Employees attending authorised training on compulsory "ring roster days" or "21st shifts" will be paid according to his or her roster (i.e. overtime rates).

40.7.3. Employees asked to remain at work or attend work outside his or her ordinary working hours for the purpose of performing work will be paid overtime. If, during such work, training is carried out (e.g. during a mechanical breakdown), the employee will continue to be paid overtime for the training period.

40.7.4. No payment will be made for:

(a) time spent in personal study and/or private tuition;

(b) time spent enrolling in authorised external courses (e.g. TAFE);

(d) waiting time between courses;

(e) time spent on text-based self-guided learning.

40.8 Payment of Course Fees

Unless an employee has failed to complete training through insufficient effort or application, the Company will reimburse to the employee the cost of any authorised training fees associated with authorised training. Textbooks and other material associated with the training will be paid by the employee.

40.9 Award Provisions

The provisions in this award covering transfer of day workers to shift work, transfer of shift workers and transportation home from the plant when reasonable means of transport are not available will apply to employees required to train.

41. Lump Sum Payment Scheme

41.1 Purpose of the Agreement

This clause provides for a quarterly Performance Recognition Payment directly related to business performance improvement measured against performance indicators.

The purpose of the agreement is to:

41.1.1 Reinforce commitment to the understandings set out in Port Kembla Steelworks Steel Industry Agreements, to work to ensure a viable steel-making industry at Port Kembla.

41.1.2 Assist in achieving the Company's critical business objectives. In this regard the parties commit themselves to co-operating in measures to achieve and maintain a world class steelworks.

41.1.3 Recognise the contribution of employees to improved performance when this has occurred.

41.2 Payment

Performance recognition payments at the end of each quarter will be made to all employees of the Company on the payroll at the end of that quarter for which the payment is made, except: employees off work on non-accident pay workers' compensation. This performance recognition payment will be calculated as a percentage of total gross earnings, as defined.

Employees who leave the Company during the period will not be eligible for payment.

41.3 Principles of Payments System

The terms of the performance improvement recognition payments system are:

41.3.1 In addition to other payments, there will be a quarterly performance recognition payment directly related to reasonably achievable business performance improvements measured against the agreed performance indicator.

The agreed performance indicator at Port Kembla Steelworks will be determined by the Company following consultation with the unions who are party to this award.

41.3.2 The performance recognition payments will be paid at the end of each quarter and will be calculated as a percentage of total gross earnings.

For this purpose, total gross earnings does not include payments in respect of absences on workers' compensation by employees not in receipt of accident pay or termination payments or performance recognition payments paid during the quarter but related to a previous quarter.

41.3.3 The percentage of total gross earnings to be paid will be determined by reference to the actual performance measured against the 4.5% target performance indicator.

41.3.4 On achievement of the agreed performance targets, 4.5% of total gross earnings as defined for the purpose of the Scheme, with payments varying above and below this amount possible depending on performance.

The maximum quarterly payment to be made under this Scheme will not exceed 5.5% of gross earnings.

41.3.5 Payments will be included in the direct deposit and (itemised separately) on the pay docket of the first administratively convenient pay fortnight following the end of a quarter. Payments will be taxed at the individual's appropriate marginal rate in the pay fortnight in which the payment is made. The payments, including tax deductions, will be included in each employee's Group Certificate.

41.4 Required Actions

The parties acknowledge that the continued viability of the Port Kembla Steelworks is dependent upon the parties agreeing to work towards taking continual steps to reduce total costs of sales, increasing prime product tonnes invoiced and promoting adherence to agreed dispute settling procedures.

41.5 The Company will, during the nominal term of this award, apply payments based on those payable to the Port Kembla Steelworks employees generally. After the nominal term, lump sum payments based on this scheme will not apply. The parties will develop a business performance scheme specific to Illawarra Services Pty Ltd to be implemented after the nominal term of this award.

42. No 2 Blower Station Work Redesign Agreement

(deleted - not relevant)

43. Blast Furnace Team Work Redesign Agreement

(deleted - not relevant)

44. Temper Mills Work Redesign Agreement

(deleted - not relevant)

45. Raw Materials Handling Work Redesign Agreement

(deleted - not relevant)

PART C

MONETARY RATES - RESTRUCTURED CLASSIFICATIONS

Table 1 - Restructured Ironworker Rates of Pay

	Annualised Base Salary
	(on or after 6 December 2001)
	$
Coal Washer Operator Entry	30,747.60
Coal Washery Operator 1	35,053.20
Coal Washery Operator 2	37,060.40
Coal Washery Operator 3	38,792.00
Coal Washery Operator 4	41,126.80
Coal Washery Operator 5	43,383.60
Coal Washery Operator 6	44,714.80
Truck Compound Operator 1	30,747.60
Truck Compound Operator 2	35,770.80
Truck Compound Operator 3	37,741.60

Table 2 - Graded Trades Rates of Pay

	Annualised Base Salary
	(on or after 6 December 2001)
	$
1. Electrical Trades
(inclusive of tool allowance of $10.80 per 38 hour week)
Electrical Tradesperson (E)
Base Level	40,799.20
Level 1	42,291.60
Level 2	43,664.40
Level 3	45,567.60
Level 4	47,044.40
Level 5	47,918.00
Level 6	50,070.08
2. Mechanical Trades
(inclusive of tool allowance of $10.80 per 38 hour week)
Graded Tradesperson (M)
Base Level	39,993.20
Level 1	41,444.00
Level 2	42,759.60
Level 3	44,621.20
Level 4	46,051.20
Level 5	46,878.00
Level 6	48,947.60

Table 3 - Apprentices

	Rate of Pay per 38-hour week
	on or after 8 April 2001
	$
1. Four Year Term	Rate of Pay	Tool Allowance
Apprentice 1st Year	231.90	4.30
Apprentice 2nd Year	299.50	5.60
Apprentice 3rd Year	398.70	7.65
Apprentice 4th Year	457.30	9.00
2. Three Year Term	Rate of Pay	Tool Allowance
Apprentice 1st Year	265.50	4.90
Apprentice 2nd Year	398.70	7.65
Apprentice 3rd Year	457.30	9.00

Table 4 - Other Rates and Allowances

Item	Clause	Brief Description	Amount
No.	No.		$
	8	Special Rates
3	8.1.3	Electrical Trades Licences:	Per 38-hour week
		Qualified Supervisor’s Certificate (Electrician)	26.00
		Allowance
		Certificate of Registration (Electrician) Allowance	14.00
4	8.1.4	Scaffolder’s Licence:	Per 38-hour week
		Certificate of Competency as a Scaffolder:
		Class 1 or 2	7.10
		Class 3 or 4	4.00
	8.2	Plumbers -	Per hour
5	8.2.1	Licences:
		1. Plumber’s licence	0.66
		2. Gasfitter’s licence	0.66
		3. Drainer’s licence	0.56
		4. Plumber’s and gasfitter’s licence	0.90
		5. Plumber’s and drainer’s licence	0.90
		6. Gasfitter’s and drainer’s licence	0.90
		7. Plumber’s and gasfitter’s and drainer’s licence	1.26
6	8.2.2	Certificate of Registration Allowance	0.53
	9	General Disability Rates
7	9.1.1	Hot Places:	Per hour
		Electrical and mechanical tradespersons and
		maintenance non-trades employees -
		Temperature raised artificially to between 46 and
		54 degree Celsius	0.38
		Temperature exceeds 54 degrees Celsius	0.48
8	9.1.2	Hot Work:	Per hour
		Temperatures raised by artificial means to above
		49 degrees Celsius	0.38
9	9.1.3	Wet Work:	Per hour
		Mechanical tradespersons and maintenance
		non-trades employees	0.38
10	9.1.4	Dirty Work:	Per hour
		Mechanical and electrical tradespersons and
		maintenance non-trades employees engaged in
		work other than ship repair work	0.38
		Ship Repair Work	0.48
11	9.1.5	Restrictive Spaces:	Per hour
		Mechanical and electrical tradespersons and
		maintenance non-trades employees	0.48
12	9.1.6	High Places:	Per hour
		Electrical and mechanical tradespersons and
		maintenance non-trades other than riggers and splicers	0.28
13	9.1.7	Oil Tanks:	Per hour
		Mechanical tradespersons and
		maintenance non-trades employees	0.38
14	9.1.8	Explosive Powered Tools:	Per hour
		All employees	0.13
		Minimum payment	0.97
15	9.1.9	Slag Wool:	0.48 per hour
	9.3	Electrical Tradespersons -
21	9.3.1	Toxic Substances:	Per hour
		Quantities of 0.5 kg or over	0.49
22		Working in close proximity to	0.42
	9.5	Other Employees -
	9.5.1	Applying Obnoxious Substances:	Per hour
26		Preparation and/or application of epoxy-based
		materials or like substances	0.48
27		Applying such epoxy-based substances when the
		air-conditioning plant is not operating	0.30
28		Working in close proximity to employees so engaged	0.41
30	9.5.3	Spray Painting:	Per hour
		Tradespersons and brush hand painters spray painting
		in a booth not approved by Government authority	0.42
	15	Shift Work Allowances for Shift Workers	From first	From first
			pay period	pay period
			commencing	commencing
			on or after	on or after
			7 June 2000	8 April 2001
31	15.1.1	Shift workers whilst working rotating shifts	56.80	59.10
			per 38-hour	per 38-hour
			week	week
32	15.1.1	When at least one third of working time in the	37.90	39.40
	(a)	full cycle of the roster is not on day shift	per 38-hour	per 38-hour
			week	week
33	15.1.2	Rotating shift worker when engaged under a roster
		system which does not provide for at least one-third of
		working time in the full cycle of the roster on day shift
		(a) day shift, night shift	56.80	59.10
			per 38 hour	per 38-hour
			week	week
		(b) day shift, afternoon shift	48.40	50.30
			per 38-hour	per 38 hour
			week	week
		(c) day shift, day shift, afternoon shift	48.40	50.30
			per 38-hour	per 38-hour
			week	week
		(d) day shift, day shift, night shift	48.40	50.30
			per 38-hour	per 38-hour
			week	week
34	15.1.3	Shift workers working shift work on shift systems
		as follows:
		(a) night shift, afternoon shift	75.70	78.70
			per 38-hour	per 38-hour
			week	week
		(b) night shift only	75.70	$78.70
			per 38-hour	per 38-hour
			week	week
		(c) afternoon shift only	75.70	78.70
			per 38-hour	per 38-hour
			week	week
35	15.1.4	Shift workers who work any afternoon shift or night shift
		other than under 15.1.1, 15.1.2 and 15.1.3 above and not	22.80 per	23.70 per
		paid in respect of any day shift worked	shift	shift
36	22.3.4,
	22.3.5	Overtime, meal allowance	7.60 per meal
	(b)
	and
	22.3.6

Table 4 - Annualised Salary Rates of Pay

(deleted - not relevant)

Table 5 - Unanderra Coil Processing

(deleted - not relevant)

Table 6 - Port Kembla Transport Facility

(deleted - not relevant)

PART D

APPENDIX - UNRESTRICTED CLASSIFICATION

(deleted - not relevant)

P. J. CONNOR, Commissioner.

____________________

Printed by the authority of the Industrial Registrar.

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