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
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17 January 2003
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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
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Nil,
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1 year and less than 2 years
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4 weeks’ pay
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2 years and less than 3 years
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7 weeks’ pay
|
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10 weeks’ pay
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4 years and less than 5 years
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12 weeks’ pay
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5 years and less than 6 years
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14 weeks’ pay
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6 years and less than 7 years
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16 weeks’ pay
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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
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Nil
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1 year and less than 2 years
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5 weeks’ pay
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2 years and less than 3 years
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8.75 weeks’ pay
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3 years and less than 4 years
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12.5 weeks’ pay
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4 years and less than 5 years
|
15 weeks’ pay
|
5 years and less than 6 years
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17.5 weeks’ pay
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6 years and less than 7 years
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20 weeks’ pay
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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
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Operator - Entry
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All employees shall be classified into this classification
during the first
|
|
three months of their employment unless BCMG determines
otherwise.
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Level 2
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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.
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Level 3
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Operator - Weighbridge
|
|
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An employee in this classification shall perform such
duties as are required
|
|
to operate a weighbridge and complete such administrative
work associated
|
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with the weighbridge including but not limited to the
receipt, control and
|
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selling of materials.
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Level 4
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Operator - Mobile Plant
|
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An employee in this classification shall operate mobile
plant (with or
|
|
without attachments) which shall include but not be
limited to front-end
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loaders, dump trucks, water carts and excavators.
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Level 5
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Plant Operator
|
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An employee in this classification shall operate simple
processing plant.
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Level 6
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Computerised Plant Operator
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An employee in this classification shall operate
sophisticated computerised
|
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processing plant.
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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:
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the amount set out in Item 4 Table 2 of Part B per week
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6 - 10 employees:
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the amount set out in Item 5 Table 2 of Part B per week
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11- 20 employees:
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the amount set out in Item 6 Table 2 of Part B per week
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More than 20 employees:
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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.