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New South Wales Industrial Relations Commission
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BCMG RE-PROCESSING (STATE) AWARD
  
Date07/18/2003
Volume340
Part5
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C1792
CategoryAward
Award Code 1665  
Date Posted07/17/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1665)

SERIAL C1792

 

BCMG RE-PROCESSING (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Boral Construction Materials Group Limited.

 

(No. IRC 236 of 2003)

 

Before Commissioner Connor

17 January 2003

 

AWARD

 

INDEX

 

PART A

 

Clause No.          Subject Matter

 

1.         Anti Discrimination

1.1        Obligation

2.         Dictionary

2.1        Definitions

3.         Parties And Application

3.1        Application

3.2        Supersession

3.3        Commencement

4.         Contract Of Employment

4.1        Weekly Employment

4.2        Probation

4.3        Resignation

4.4        BCMG Termination Option

4.5        Part-time Employment

4.6        Casual Employment

4.7        Change in The Nature of Your Contract of Employment

5.         Consultation

5.1        The Committee

5.2        Sub-Committees

5.3        Proceedings

5.4        Functions

5.5        Powers

6.         Redundancy

6.1        Preservation Of Employment

6.2        Selection

6.3        Introduction Of Change

6.4        Redundancy Pay

6.5        Resignation During Notice Of Redundancy

6.6        Incapacity To Pay

7.         Conflict Resolution

7.1        Steps

7.2        Continuation Of Normal Work

8.         Classifications

8.1        Levels

8.2        Rates of Pay

 

9.         Competency

9.1        Competency Assessment And Allowance

10.       Mixed Functions

10.1      Provision

11.       Additions To Wage

11.1      Allowances

12.       Leading Hands

12.1      Appointment

13.       Work Practices

13.1      Using Skill As Directed

14.       Payment of Wages

14.1      Electronic Funds Transfer

14.2      Late Pay

15.       Tools

15.1      Supply Of Tools

16.       First Aid

16.1      Certificate

17.       Temporary Transfer

17.1      Transfer Terms

18.       Hours of Work

18.1      Average Week

18.2      Spread Of Hours

18.3      Ten Hour Days

18.4      Change To Or From Shift Work

18.5      Rosters

18.6      Change To Rosters

18.7      Afternoon Shifts

18.8      Night Shifts

18.9      Saturday Shifts

18.10    Sundays And Holidays

18.11    Holidays

19.       Method of Working the 38-Hour Week

19.1      Work Cycles

19.2      Accumulation of Rostered Days Off

19.3      Rostered Days Off On Public Holidays

19.4      Accrual

19.5      Taking A Rostered Day Off

20.       Meal Breaks

20.1      Work Before Break

20.2      Continuity Of Operations

20.3      Staggering Breaks

20.4      Meal Breaks For Shift Workers

20.5      Working Through A Meal Break

21.       Rest Breaks

21.1      Daily Break

21.2      Staggering

21.3      Continuous Operation

21.4      Shift Workers

22.       Sundays And Holidays

22.1      Holidays

22.2      Absence

22.3      Working on A Holiday

22.4      Sundays

23.       Overtime

23.1      Payment

23.2      Day Stands Alone

23.3      10 Hour Rest Period

23.4      8 Hour Rest Period For Shift Workers

23.5      Call Back

23.6      Overtime Bonus And Breaks

23.7      Not Required To Work Overtime

23.8      Weekend Crib Breaks

23.9      Weekend Minimum

24.       Annual Leave

24.1      Entitlement

25.       Annual Leave Loading

25.1      Payment of Loading

25.2      Calculation of Loading

25.3      Shift Workers

26.       Long Service Leave

26.1      Entitlement

27.       Parental Leave and Personal/Carer's Leave

27.1      Parental Leave

27.2      Personal Carers Leave

28.       Bereavement Leave

28.1      Entitlement

29.       Jury Service

29.1      Entitlement

29.2      Notification

30.       Sick Leave

30.1      Entitlement

30.2      Notification

30.3      Workers Compensation

30.4      Accumulation

30.5      Absent On Holidays And Rostered Days Off

31.       Protective Clothing

31.1      Entitlement

32.       Protective Equipment

32.1      Entitlement

33.       Use Of Car

33.1      Allowance

34.       Fares

34.1      Payment

35.       Delegates

35.1      Appointment

35.2      Time

36.       Counselling

36.1      Procedure

37.       Facilities

37.1      Meal Rooms

37.2      Tea, Coffee And Drinking Water

37.3      Change Rooms Etc

38.       Timekeeping

38.1      Decimal Proportion

38.2      Latecomers

39.       Superannuation

39.1      Obligation

 

PART B

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

1.  Anti-Discrimination

 

A.        Obligation

 

(a)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity age and responsibilities as a carer.

 

(b)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award that, by its terms or operation, has a direct or indirect discriminatory effect.

 

(c)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

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

 

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

 

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

 

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

 

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

 

(e)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTATION:

 

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

 

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

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

2.  Dictionary

 

2.1        Definitions

 

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

 

"BCMG" - Boral Construction Materials Group Limited;

 

"You" - an employee employed by BCMG in a re-processing business (operated by a company within the Boral Group of companies or by a company that is a joint venture with a company within the Boral Group of companies) in one of the classifications set out in subclause 8.1.

 

"Us" - see "we".

 

"Your" - belonging to you.

 

"We" - also "us" and "our" refers to you and to BCMG.

 

"Start Date" - the day when the Industrial Relations Commission of NSW makes this award.

 

"Union" - the Australian Workers’ Union; NSW.

 

"Wife, Husband" - shall include de facto wife or husband.

 

"Father, mother" - shall include foster-father or mother and stepfather or mother.

 

"Afternoon Shift" - means any shift finishing after 6.00pm and at or before midnight and shall receive a shift penalty of thirty three and one third percent.

 

"Night Shift" - means any shift finishing subsequent to midnight and at or before 8.00am and shall receive a shift penalty of thirty three and one third percent.

 

"Weeks pay" - means the ordinary time weekly rate of pay.

 

"Significant effects" - include termination of employment, major changes in the composition, operation or size of BCMG’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of you to other work or locations and the restructuring of jobs.  (Provided that where the award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect).

 

"Technological change notice" - means 3 months notice of termination or payment in lieu of such notice.

 

"Re-processing business" - means a business operating plant and equipment (other than in a quarry) where the plant and equipment is principally used to crush, screen and/or blend materials to produce aggregates, road bases, gravels, fine sands and/or course sands and/or a blend of these and/or related materials.

 

"Standard" - National Competency Standard as contextualised to the re-processing business.

 

"Medical certificate" - documentation provided by a registered medical practitioner proving that you are incapable of attending work due to a medically diagnosed condition.

 

"Act" - the Industrial Relations Act 1996.

 

Appropriate action - in clause 38 includes training, further review, warning (verbal or written) or dismissal from employment.

 

"Federal Act" - the Workplace Relations Act 1996.

 

"Attending to" - includes monitoring, inspection and basic operation of fixed plant items such as crushers and conveyors.

 

"Maintaining" - includes cleaning up, adjustments and retensioning, using selected hand tools and simple butt and spot welding and oxy-acetylene cutting.

 

"Servicing" - includes greasing, changing oil, adjusting pressures, changing filters, changing tyres.

 

"Routine mechanical repairs" - includes replacement of V-belts, conveyor idlers, crusher manganese, screen cloths, pump impellors and liners and pipe sections.

"Simple processing plant" - means a fixed or portable processing plant operated by an operator who is required to monitor and control the complete plant's operation by the means of remote indicators and automatic and/or semi-automatic controls; and

 

"Sophisticated, computerised processing plant" - means a sophisticated, computer managed processing plant containing a sophisticated computer system that controls most of the operation of the plant.  The operator is required to control, adjust and monitor the operation of the plant using the computer system and to troubleshoot production problems by utilising the computer's capabilities.

 

3.  Parties and Application

 

3.1        Application

 

This award shall apply to and is binding on you, BCMG and the Union within the State of New South Wales.

 

3.2        Supersession

 

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

 

3.3        Commencement and Nominal Term

 

This award shall take effect from the beginning of the first pay period to commence on or after 17 January 2003 and shall have a nominal term of twelve months.

 

4.  Contract of Employment

 

4.1        Weekly Employment

 

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

 

4.2        Probation

 

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

 

4.3        Resignation

 

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

 

4.4        BCMG Termination Option

 

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

 

4.5        Part-time Employment

 

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

 

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

 

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

 

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

 

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

 

(e)        you and all other part time employees in the re-processing business cannot exceed 20% of all of BCMG’s employees in the re-processing business unless the consultative committee agree; and

 

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

 

4.6        Casual Employment

 

Where agreed you may be engaged as a casual and:

 

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

 

(b)        you must not be employed as such for more than ninety consecutive days;

 

(c)        the following clauses of this award shall not apply to you, 4.1, 4.2, 4.3, 4.4, 4.5, 6, 10, 11, 22.1, 22.2, 25, 27, 28, 29, 30 and 38; and

 

(d)        You or BCMG may terminate your engagement by one days notice or payment in lieu.

 

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

 

4.7        Change In The Nature Of Your Contract Of Employment

 

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

 

5.  Consultation

 

5.1        the Committee

 

We must each do all that is reasonably needed to form, maintain and operate a consultative committee comprising BCMG representatives and your representatives.

 

5.2        Sub-Committees

 

The consultative committee may form (and dissolve) a sub-committee to deal with a stated issue or issues and may act through that sub-committee.

 

5.3        Proceedings

 

All procedures of the consultative committee are to be determined by the consultative committee.  All procedures of any sub-committee of a consultative committee are to be determined by the consultative committee, and to the extent that the consultative committee does not determine them, by the sub-committee itself.

 

5.4        Functions

 

BCMG must use its best efforts to ensure that the BCMG representatives, and you must use your best efforts to ensure that your representatives, each do whatever is necessary to ensure that the consultative committee performs the functions set out in this award, and performs those functions properly and speedily.

5.5        Powers

 

The consultative committee and any sub-committee are empowered to discuss, debate and make recommendations on any subject matter referred to it by you or BCMG.  To avoid any doubt, subject to any express provision of this award, BCMG can decide to accept or reject any such recommendation.

 

6.  Redundancy

 

Notwithstanding anything contained elsewhere in this award, this provision shall not apply in the case of casual employees.

 

6.1        Preservation of Employment

 

Where practicable and having regard to the needs of the re-processing business, we:

 

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

 

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

 

6.2        Selection

 

When redundancies are to occur, BCMG will:

 

(a)        call for volunteers; and

 

(b)        accept volunteers unless to do so will leave the re-processing business without the necessary skills to operate satisfactorily, then

 

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

 

(c)        skills;

 

(d)        experience;

 

(e)        training; and

 

(f)         performance; and

 

having undertaken such an assessment, if it is necessary to make redundant individuals that are comparatively equal in terms of the assessment [unless some other pressing domestic issue is raised by the individuals concerned] if you have the shortest period of service you will be retrenched first.

 

6.3        Introduction of Change

 

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

 

6.4        Redundancy Pay

 

If, following a decision made by BCMG in accordance with clause 6.3 BCMG decides that your position in the re-processing business is redundant then BCMG must pay you:

 

(a)        If you are under 45 years of age

 

Less than 1 year’s service

Nil,

1 year and less than 2 years

4 weeks’ pay

2 years and less than 3 years

7 weeks’ pay

3 years and less than 4 years

10 weeks’ pay

4 years and less than 5 years

12 weeks’ pay

5 years and less than 6 years

14 weeks’ pay

6 years and less than 7 years

16 weeks’ pay

 

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

 

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

 

Less than 1 year’s service

Nil

1 year and less than 2 years

5 weeks’ pay

2 years and less than 3 years

8.75 weeks’ pay

3 years and less than 4 years

12.5 weeks’ pay

4 years and less than 5 years

15 weeks’ pay

5 years and less than 6 years

17.5 weeks’ pay

6 years and less than 7 years

20 weeks’ pay

 

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

 

6.5        Resignation During Notice of Redundancy

 

If your position in the re-processing business is made redundant you may terminate your employment during the period of notice and still receive any monies arising from subclause 6.4.

 

6.6        Incapacity to Pay

 

Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, BCMG may pay a lesser amount (or no amount) of redundancy pay than that contained in subclause 6.4.  The Commission shall have regard to such financial and other resources of the BCMG as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph 6.4 will have on BCMG.

 

7.  Conflict Resolution

 

7.1        Steps

 

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

 

(a)        consultation between you and a representative of BCMG at the site level;

 

(b)        consultation between you and the relevant manager;

 

(c)        consultation involving the consultative committee;

 

(d)        consultation between you and a senior manager;

 

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

 

7.2        Continuation of Normal Work

 

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

 

8.  Classifications

 

8.1        Classifications

 

Subject to this award, you shall be classified by BCMG into one of the following classifications:

 

Level 1

Operator - Entry

 

 

 

All employees shall be classified into this classification during the first

 

three months of their employment unless BCMG determines otherwise.

Level 2

Operator - General;

 

 

 

An employee in this classification shall perform general labouring duties

 

including but not limited to attending to and maintaining fixed plant and

 

servicing and performing routine mechanical repairs to fixed and mobile

 

plant. 

Level 3

Operator - Weighbridge

 

 

 

An employee in this classification shall perform such duties as are required

 

to operate a weighbridge and complete such administrative work associated

 

with the weighbridge including but not limited to the receipt, control and

 

selling of materials.

Level 4

Operator - Mobile Plant

 

 

 

An employee in this classification shall operate mobile plant (with or

 

without attachments) which shall include but not be limited to front-end

 

loaders, dump trucks, water carts and excavators.

Level 5

Plant Operator

 

 

 

An employee in this classification shall operate simple processing plant.

Level 6

Computerised Plant Operator

 

 

 

An employee in this classification shall operate sophisticated computerised

 

processing plant.

 

8.2        Rates Of Pay

 

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

 

9.  Competency Assessment

 

9.1        Assessment and Allowance

 

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

 

(b)        You shall be paid the amount per week set out in Item 1 of Table 2, Other Rates and Allowances of Part B in consideration of the obligations arising from paragraph (a) of subclause 9.1 for all purposes of the award.

10.  Mixed Functions

 

10.1      Provision

 

(a)        If you are directed to work for less than two hours a day on work carrying a higher rate of pay than your classified rate you shall be paid the higher rate for the actual time so worked and, when directed to work for more than two hours a day on such work, you shall be paid the higher rate for the whole day.

 

(b)        To avoid any doubt, if you are directed to perform work carrying a lower rate of pay you will continue to be paid your classified rate of pay.

 

11.  Additions to Wage

 

11.1      Allowances

 

In addition to the rate of pay ascertained from clause 8.2, you shall receive the following allowances (paid for all purposes of this award) if you:

 

(a)        are appointed as an assessor the amount set out in Item 2 of Table 2 of Part B per week; or

 

(b)        are required to hold and hold NATA signatory status the amount set out in Item 3 of Table 2 of Part B per week.

 

12.  Leading Hands

 

12.1      Appointment

 

BCMG may, in its complete discretion, appoint you to be a leading hand from time to time and when so appointed you shall supervise, direct or be in charge of other employees. To avoid any doubt, there is no requirement to appoint leading hands merely because groups of employees work together.

 

12.2      Allowance

 

If you are appointed as a leading hand, while so appointed you shall be paid the relevant allowance below determined by the number of persons you are a leading hand for:

 

2 - 5 employees:

the amount set out in Item 4 Table 2 of Part B per week

6 - 10 employees:

the amount set out in Item 5 Table 2 of Part B per week

11- 20 employees:

the amount set out in Item 6 Table 2 of Part B per week

More than 20 employees:

the amount set out in Item 7 Table 2 of Part B per week;

 

13.  Work Practices

 

13.1      Using Skills as Directed

 

Despite anything else contained in this award, you must fully utilise the skills and/or competencies you have as directed by BCMG to meet the needs of the re-processing business.

 

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

 

14.  Payment of Wages

 

14.1      Electronic Funds Transfer

 

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

14.2      Late Pay

 

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

 

15.  Tools

 

15.1      All tools required by you shall be provided free of charge by BCMG.

 

16.  First Aid

 

16.1      Certificate

 

If you hold a first-aid certificate and are appointed by BCMG to perform first-aid duties you shall be paid an allowance as set out in Item 8 of Table 2 of Part B per day.

 

17.  Temporary Transfer

 

17.1      Transfer Terms

 

If you agree, BCMG may temporarily transfer you to work somewhere other than at the re-processing business.  When this occurs we must agree on the terms of the transfer including payment (if any) of travelling time, accommodation etc.

 

18.  Hours of Work

 

18.1      Average Week

 

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

 

18.2      Spread of Hours

 

Your ordinary hours of work shall be worked:

 

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

 

(b)        between the hours of 6.30am and 6.00pm;  or

 

(c)        between such spread of hours as is agreed between BCMG and the majority of you in the section of the re-processing business concerned:

 

Or if you are a shift worker:

 

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

 

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

 

18.3      Ten Hour Days

 

Unless it is agreed between BCMG and the majority of you in the section of the re-processing business concerned your ordinary hours of work must not exceed ten on any day.

 

18.4      Change to or from Shift Work

 

Unless otherwise agreed, BCMG may direct you to change from regularly working day work to regularly working shift work (or vice versa) by giving you one month’s notice in writing and you shall then work your ordinary hours on the shifts/days you have been rostered to work.

 

18.5      Rosters

 

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

 

18.6      Change to Rosters

 

Despite subclause 18.5, if due to unforeseen circumstances BCMG needs to change your roster to keep the re-processing business operating effectively BCMG may change your roster:

 

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

 

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

 

18.7      Afternoon Shifts

 

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

 

18.8      Night Shifts

 

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

 

18.9      Saturday Shifts

 

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

 

18.10    Sundays and Holidays

 

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

 

18.11    Holidays

 

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

 

19.  Method of Working the 38-Hour Week

 

19.1      Work Cycles

 

The method of working the 38-hour week shall be any one of the following:

 

(a)        by BCMG fixing one work day in the 4th week of a 4 week work cycle as a rostered day off  on which you will be off work;

 

(b)        by BCMG fixing two rostered work days on which you may be rostered off for two half days during a particular 4 week work cycle; or

(c)        (subject to agreement between you and BCMG) by you working less than eight ordinary hours on each day.

 

19.2      Accumulation of Rostered Days Off

 

Rostered days off:

 

(a)        may be accumulated by agreement between you and BCMG to be taken at an agreed time (and such agreement is reduced to writing); or

 

(b)        may be paid out by BCMG to you at the rate of 7.6 ordinary hours pay per rostered day off accumulated but not taken as at 31 January each year.

 

19.3      Rostered Days Off on Public Holidays

 

When a rostered day off falls on a public holiday as prescribed in clause 22.1 the next working day shall be taken in lieu of the rostered day off unless an alternate day is agreed to between you and BCMG.

 

19.4      Accrual

 

Each day of paid leave taken and any public holiday occurring during any cycle of four weeks shall be regarded as a day worked for the purposes of accruing a rostered day off.

 

19.5      Taking a Rostered Day Off

 

A rostered day off shall be taken as a paid day off.

 

20.  Meal Breaks

 

20.1      Work Before Break

 

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

 

20.2      Continuity of Operations

 

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

 

20.3      Staggering Breaks

 

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

 

20.4      Meal Breaks for Shift Workers

 

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

 

20.5      Working Through a Meal Break

 

Except as provided for in clause 20.1 and 20.2, you shall be paid at the rate of time and one half of ordinary time for all work done during your meal break and thereafter until a meal break is taken.

 

21.  Rest Breaks

 

21.1      Daily Break

 

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

 

21.2      Staggering

 

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

 

21.3      Continuous Operation

 

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

 

21.4      Shift Workers

 

In the case of shift workers the rest break may be combined (by BCMG) with the paid meal break so as to enable a forty-minute paid meal break.

 

22.  Sundays and Holidays

 

22.1      Holidays

 

The following days shall be granted to you without loss of pay as a holiday:

 

(a)        New Year's Day;

 

(b)        Australia Day;

 

(c)        Good Friday;

 

(d)        Easter Saturday;

 

(e)        Easter Monday;

 

(f)         Anzac Day;

 

(g)        Queen's Birthday;

 

(h)        Eight Hour Day;

 

(i)         Christmas Day;

 

(j)         Boxing Day;

 

(k)        Union Picnic Day, the first Monday in December (or a substitute day agreed to by you and BCMG and taken by 31 December in the following year); and

 

(l)         any other day gazetted as a public holiday for the State.

 

22.2      Absence

 

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

 

22.3      Working on a Holiday

 

For work done on any of the holidays referred to in clause 22.1 (except (k) Union Picnic Day), you shall be paid at the rate of double time and one-half  with a minimum payment for four hours' work.

 

22.4      Sundays

 

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

 

23.  Overtime

 

23.1      Payment

 

Subject to subclauses 22.3 and 22.4, for all work performed by you outside of and/or in excess of your ordinary hours you shall be paid at the rate of time and one-half for the first two hours and double time thereafter; such double time to continue until the completion of the overtime worked.

 

23.2      Day Stands Alone

 

Except as provided in subclause 23.3 in computing your overtime each day's work shall stand-alone.

 

23.3      10-Hour Rest Period

 

(Subject to subclause 23.4) when:

 

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

 

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

 

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

 

23.4      8-Hour Rest Period for Shift Workers

 

The provisions of subclause 23.3 shall apply in the case of shift workers who rotate from one shift to another as if eight hours were substituted for ten hours when overtime is worked:

 

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

 

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

 

23.5      Call Back

 

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

 

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

 

(c)        Overtime worked in the circumstances set out above, shall not be regarded as overtime for the purposes of subclause 23.6 when the actual time worked is less than three hours on each such recall.

 

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

 

23.6      Overtime Bonus and Breaks

 

If you are required to work overtime:

 

(a)        for one and one half hours after your normal ceasing time and you were not notified on the day before (or earlier) of the need to work overtime you shall be paid the amount set out in Item 9 of Table 2 of Part B of this award;

 

(b)        for two hours or more after your normal ceasing time you shall be paid the amount set out in Item 9 of Table 2 of Part B of this award;

 

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

 

(d)        for six hours or more after your normal ceasing time (and for each four hours thereafter) you shall be paid the amount set out in Item 9 of Table 2 of Part B of this award.

 

23.7      Not Required to Work Overtime

 

Despite subclause 23.6, if you are notified of the intention to work overtime but you are not called upon to work that overtime you shall be paid an amount ascertained from paragraph (a) of subclause 23.6.

 

23.8      Weekend Crib Breaks

 

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

 

23.9      Weekend Minimum

 

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

 

24.  Annual Leave

 

24.1      Entitlement

 

See Annual Holidays Act, 1944 as amended.

 

25.  Annual Leave Loading

 

25.1      Payment of Loading

 

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

 

25.2      Calculation of Loading

 

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

 

25.3      Shift Workers

 

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

 

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

 

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

 

26.  Long Service Leave

 

26.1      Entitlement

 

See Long Service Leave Act, 1955 as amended.

 

27.  Parental Leave and Personal/Carers Leave

 

27.1      Parental Leave

 

See Industrial Relations Act 1996 as amended.

 

27.2      Personal Carers Leave

 

27.2.1   If you are a weekly or part-time employee, with responsibilities in relation to a class of person set out in paragraph 27.2.3(b) who needs your care and support, you shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 30 of the award, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.

 

27.2.2   You shall, if required, establish 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, you must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

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

 

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

 

(b)       the person concerned being:

 

(i)         your spouse; 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 step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of yours; or

(iv)       a same sex partner who lives with you as your de facto partner on a bona fide domestic basis; or

 

(v)        a relative who is a member of the same household, where for the purposes of this paragraph:

 

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

 

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

 

"household" means a family group living in the same domestic dwelling.

 

27.2.4   You shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to you, the reasons for taking such leave and the estimated length of absence. If it is not practicable for you to give prior notice of absence, the you shall notify the BCMG by telephone of such absence at the first opportunity on the day of absence.

 

27.2.5   Unpaid Leave for Family Purpose

 

You may elect, with the consent of the BCMG, to take unpaid leave for the purpose of providing care and support to a class of person set out in 27.2.3(b) above who is ill.

 

27.2.6   Annual Leave

 

You may elect, with the consent of BCMG, 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 to be agreed for the purpose of providing care to a person as set out in 27.2.3(b) who is ill.

 

We may agree to defer the payment of annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

27.2.7   Time off In Lieu of Payment For Overtime

 

For the purposes of providing care to a person as set out in 27.2.3 who is ill, you may elect with the consent of BCMG, to work "make up time", under which you may take time off during ordinary hours, and work those hours at a later time, during the spread of ordinary hours of this award.

 

If you work shift work, you may elect, with the consent of BCMG to work "make up time" at the shift work rate which would have been applicable to the hours taken off.

 

27.2.8   Rostered Days Off

 

You may elect, with the consent of BCMG, to take a rostered day off at any time to provide care for a person as set out in clause 27.2.3 who is ill.  You may elect, with the consent of BCMG, to take rostered days off in part day amounts.

 

28.  Bereavement Leave

 

28.1      Entitlement

 

You shall be entitled to a maximum of three days' leave without loss of pay on each occasion and on production of satisfactory evidence of the death of any of the persons prescribed in paragraph 27.2.3 of this award.

You shall not be entitled to bereavement leave under this clause during any period in respect of which you have been granted other leave.

 

Bereavement leave may be taken in conjunction with other leave available under paragraphs 27,2.3, 27.2.4, 27.2.5, and 27.2.6. of clause 27 Parental Leave and Personal Carers Leave, of the Award.  In determining such request BCMG will give consideration to your circumstances and the reasonable operational requirements of the business.

 

29.  Jury Service

 

29.1      Entitlement

 

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

 

29.2      Notification

 

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

 

30.  Sick Leave

 

30.1      Entitlement

 

You shall, subject to clause 30.2 and the production of a medical certificate be entitled to ten days' sick leave during the first and subsequent years of service on full pay (provided that a statutory declaration shall be sufficient proof of sickness in respect of the first two single days' absence in any year).

 

30.2      Notification

 

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

 

30.3      Workers Compensation

 

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

 

30.4      Accumulation

 

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

 

30.5      Absent on Holidays and Rostered Days Off

 

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

 

31.  Protective Clothing

 

31.1      Entitlement

 

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

32.  Protective Equipment

 

32.1      Entitlement

 

BCMG shall:

 

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

 

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

 

33.  Use of Car

 

33.1      Allowance

 

If you are required to use your car by BCMG you will be paid per km the amount set out in Item 10 of Table 2 of Part B.

 

34.  Fares

 

34.1      Payment

 

From the start date you shall receive in compensation for fares incurred travelling to and from work at irregular hours when public transport is not necessarily available the amount set out in Item 11 of Table 2 of Part B per week, provided that the above allowance shall be payable to employees who commence prior to 6:30am or finish subsequent to 7:00pm.

 

35.  Delegates

 

35.1      Appointment

 

BCMG shall recognise the appointed delegate for the union at the site. 

 

35.2      Time

 

BCMG shall provide the delegate with reasonable time while at work to perform the proper functions of the delegate.

 

36.  Counselling

 

36.1      Procedure

 

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

 

(a)        undertake an investigation of the matter;

 

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

 

(c)        consider the employee’s response;

 

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

 

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

(f)         take appropriate action.

 

37.  Facilities

 

37.1      Meal Rooms

 

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

 

(b)        Such meal room shall be equipped as follows:

 

flyscreen doors;

 

refrigerator;

 

heater for food;

 

electric light;

 

adequate table and seating accommodation and washing-up facilities.

 

37.2      Tea, Coffee and Drinking Water

 

(a)        BCMG shall provide you with a reasonable supply of coffee, tea, milk and sugar for use during meal and rest breaks.

 

(b)        BCMG shall provide you with a plentiful supply of pure drinking water and water bags, when required for the purpose of keeping the water cool.

 

37.3      Change Rooms Etc

 

(a)        BCMG shall make available to you suitable change rooms which where practicable shall be equipped with hot and cold showers and wash basins.

 

(b)        Such change rooms shall be used exclusively for the purpose for which they are provided.

 

(c)        BCMG shall provide you with fly-proof sanitary conveniences (no less than one seat to every ten employees) and each seat will be partitioned off.  These shall be maintained in a clean and hygienic state.  Where practicable such sanitary conveniences shall be sewered.

 

38.  Timekeeping

 

38.1      Decimal Proportion

 

BCMG shall:

 

(a)        utilise, for time keeping purposes, the decimal proportion 0.1 of an hour; and

 

(b)        apply such proportion in the calculation of your working time.

 

38.2      Latecomers

 

If you:

 

(a)        do not commence work at the time you are rostered to; or

 

(b)        cease work before your rostered finish time,

 

BCMG may pay you only for the time that you actually worked.

 

39.  Superannuation

 

39.1      Obligation

 

The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act, 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

PART B

 

Table 1 - Rates of Pay

 

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

 

Level

Description

Weekly Wage

 

 

$

1

Operator - Entry

532.30

2

Operator - General

568.00

3

Operator - Weighbridge

580.20

4

Operator - Mobile Plant

592.70

5

Plant Operator

605.20

6

Computerised Plant Operator

615.20

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1

9.1(b)

Competency

4.65 per week

2

11.1(a)

Assessor

22.00 per week

3

11.1(b)

NATA

22.00 per week

 

 

Leading Hand Allowances

 

4

12.2

2 to 5

17.20 per week

5

 

6 to 10

24.15 per week

6

 

11 to 20

34.35 per week

7

 

More than 20

43.65 per week

8

16.1

First Aid Allowance

1.87 per day

9

23.6

Meal Allowance

10.00

10

33.1

Motor Vehicle Allowance

0.50 per km

11

34.1

Transport not Available

5.85 per day

 

 

 

P. J. CONNOR, Commissioner.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.

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