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New South Wales Industrial Relations Commission
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CSR LIMITED/READYMIX HOLDINGS PTY LIMITED AND TRANSPORT WORKERS' UNION OF NEW SOUTH WALES
AWARD 2003
  
Date07/11/2003
Volume340
Part4
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C1804
CategoryAward
Award Code 1668  
Date Posted07/03/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1668)

SERIAL C1804

 

CSR LIMITED/READYMIX HOLDINGS PTY LIMITED AND TRANSPORT WORKERS' UNION OF NEW SOUTH WALES

AWARD 2003

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by CSR Limited.

 

(No. IRC 728 of 2003)

 

Before Commissioner Connor

20 February 2003

 

AWARD

 

1.          This award shall be binding upon CSR Limited (CSR), Readymix Holdings Pty Ltd (Readymix) and the TWU.

 

2.          Readymix shall offer to employ all Employees on the same terms and conditions upon which the Employees were engaged in their employment with CSR.

 

3.          Readymix shall recognise all service related entitlements of Transferring Employees accrued with CSR up to the Transfer Date and not taken by a Transferring Employee.

 

4.          Readymix shall, in respect of Transferring Employees, recognise the length of continuous service with CSR (including continuous service with any entity which was purchased or acquired by CSR, provided service with such entity is recognised by CSR as continuous service with CSR) for the purposes of all service related entitlements, and from the Transfer Date all such continuous service by Transferring Employees with CSR prior to the Transfer Date shall cease to be regarded as service with CSR and shall be deemed to be continuous service with Readymix for all purposes including calculating entitlements under an industrial instrument or industrial relations legislation.

 

5.          Readymix shall consult with the relevant Transferring Employees and the TWU after the Transfer Date in respect of any restructure of Readymix’s business which will, or be likely to, have a materially adverse affect on the Transferring Employees.

 

6.          Subject to further agreement and as provided in clause 4 hereof, Readymix and the TWU shall, in respect of each Transferring Employee, observe the terms and conditions of any Award or Agreement (whether expired or not), which was applicable to the Transferring Employee immediately prior to the Transfer Date.  These are listed in Attachment A.

 

7.1        By 22 February 2003, Readymix shall give each Transferring Employee a statement including the following:

 

current rate of pay;

 

current grade/classification;

 

long service leave accrual;

 

annual leave accrual;

 

sick leave accrual;

 

 

accrued rostered day’s off; and

 

commencement date.

 

7.2        CSR shall forward to Readymix all relevant information held by CSR concerning the leave accruals, service benefits, workers compensation claims and other matters referred to in subclause 7.1 in respect of the Transferred Employees by 7 February 2003.

 

8.          For the purpose of this award the following definitions shall apply:

 

‘Employees’ shall mean employees of CSR who are members or eligible to be members of the TWU and are offered employment by Readymix effective on and from the Transfer Date.

 

‘Transferring Employee’ means each Employee who accepts employment with Readymix.

 

‘Agreement’ shall mean an agreement made under the Industrial Relations Act 1996 that is binding on CSR in respect of any Employee.

 

‘Award’ means an award or order binding on CSR in respect of any Employee made under the Industrial Relations Act 1996.

 

‘TWU’ shall mean the Transport Workers Union of New South Wales.

 

‘Transfer Date’ means a Transferring Employee’s first work day on or after 1 February 2003.

 

9.          All Employees who are offered employment with Readymix in accordance with this award shall be deemed to have had suitable alternative employment obtained for them by CSR and shall not be entitled to be paid any severance pay as prescribed in any Award, Agreement or order of the Commission or otherwise as a consequence of ceasing to be an employee of CSR.

 

10.        This Award will commence operating from 31 January 2003 and will have a nominal life of 12 months.

 

11.        Dispute resolution procedure.

 

11.1      A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

11.2      Reasonable time limits (48 hours) must be allowed for discussion at each level of authority.

 

11.3      If the matter is not resolved it shall be referred to the Industrial Relations Commission for resolution.

 

11.4      While a procedure is being followed, normal work must continue.

 

11.5      The Employees may be represented by the TWU.

 

ATTACHMENT A

 

CSR Limited t/as CSR Readymix Country Division/South coast Transport Enterprise Agreement No. 4 2000.

 

CSR Ltd The Readymix Group Newcastle Transport (State) Award 2000.

 

CSR Limited t/as the Readymix Group Taree Transport Enterprise Bargaining Framework (State) Award 2001.

 

CSR Limited t/as CSR Readymix Sydney Concrete Transport Certified Agreement 2002-2005.

 

CSR Limited t/as The Readymix Group Sydney Raw Materials Transport (State) Award No. 4 2000.

 

 

P. J. CONNOR, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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