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.