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New South Wales Industrial Relations Commission
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READYMIX HOLDINGS PTY LIMITED NEWCASTLE CONCRETE (STATE) AWARD 2002
  
Date08/22/2003
Volume341
Part1
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C1971
CategoryAward
Award Code 1690  
Date Posted08/21/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1690)

SERIAL C1971

 

READYMIX HOLDINGS PTY LIMITED NEWCASTLE CONCRETE (STATE) AWARD 2002

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Readymix Holdings Pty Limited

 

(No. IRC 2023 of 2003)

 

Before The Honourable Mr Deputy President Harrison

24 April 2003

 

AWARD

 

1.  Title of Award

 

This Award shall be known as the Readymix Holdings Pty Limited Newcastle Concrete (State) Award 2002.

 

2.  Arrangement

 

Clause No.          Subject Matter

 

1.         Title of Award

2.         Arrangement

3.         The Enterprise(s)

4.         Parties to the Award

5.         Relationship to Parent Awards

6.         Term of Award

7.         No Extra Claims

8.         Review of Award

9.         The First, Second and Third Awards

10.       Awareness Training

11.       Disputes Procedure

12.       Truck Allocation

13.       COD’s

14.       Batcher Training

15.       Administration

16.       Sick Leave

17.       Personal/Carer’s Leave

18.       Remuneration Adjustment Stages

 

ANNEXURE A

 

ANNEXURE B - Remuneration Rates and Allowances

 

3.  The Enterprise(s)

 

This Award shall apply at sites operated by Readymix Holdings Pty Limited Newcastle and Central Coast which are set out in Annexure A in respect of employees covered by the following award:

 

Cement Mixers and Concrete Workers, Central Batch Plants (State) Consolidated Award published 12 January 2001 (321 I.G. 546).

 

4.  Parties to the Award

 

This Award shall be binding on:

 

(a)        Readymix Holdings Pty Limited Country East (Newcastle and Central Coast) at sites set out in Annexure A to this Award (hereafter "the Company").

 

(b)        The Australian Workers Union (AWU) New South Wales.

 

5.  Relationship to Parent Awards

 

1.          This Award shall be read and construed in conjunction with the following award:

 

Cement Mixers and Concrete Workers, Central Batch Plants (State) Consolidated Award.

 

2.          Where there is inconsistency between the award in 1 above and this award, this award shall prevail to the extent of the inconsistency.

 

6.  Term of Award

 

This Award shall come into operation on and from the first full pay period to commence on or after 24 April 2003 and shall remain in force for a term of 2 years.

 

7.  No Extra Claims

 

Except for general movements in award wages granted by the Industrial Relations Commission of New South Wales via State Wage Cases that are not subject to absorption, there shall be no further claims for remuneration increases during the term of this award.

 

8.  Review of Award

 

The parties agree to review this award no later than twelve weeks prior to the end of its term. In the context of this review, the parties shall examine both the operation of the award and the possibilities of entering into a further award, based on continuous improvement and other agreed measures.

 

9.  The First, Second and Third Awards

 

The parties to this award agree that the output and improvements in productivity and efficiency made from the awards known as:

 

CSR trading as The Readymix Group - Newcastle Concrete Enterprise Bargaining Framework (State) Award 1996, published 25 July 1997 (300 I.G. 80) (the first award),

 

CSR Ltd Trading as The Readymix Group - Newcastle Concrete (State) Award 1998, published 17 May 2002 (333 I.G. 691) (the second award), and

 

CSR Ltd trading as The Readymix Group Newcastle Concrete (State) Award 2000, published 18 January 2002 (330 I.G. 947)

 

shall be the starting point for further improvements outlined in this award.

 

Provisions of the first, second and third awards shall continue to operate as if they were provisions of this award unless specifically deleted or varied by this award.

 

10.  Awareness Training

 

All employees covered by this award shall be provided with general awareness training on enterprise bargaining.

The content and providers of this training shall be mutually acceptable to the parties to this award.

 

Wherever practicable awareness training will be conducted in ordinary time hours.

 

The Company shall pay for the awareness training and employees shall be paid in accordance with the relevant parent award while attending such training.

 

The duration and timing of the training sessions should be structured so as to minimise their effect on the continuous operation of the Company’s activities and customer service.

 

11.  Disputes Procedure

 

1.          Procedures relating to grievances of individual employees:

 

(a)        The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)        A grievance 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.

 

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

 

(d)        At the conclusion of the discussion, the employer must provide a response to the employee’s grievance; if the matter has not been resolved it shall be referred to the Industrial Relations Commission for resolution.

 

(e)        While a procedure is being followed, normal work must continue.

 

(f)         The employee may be represented by an industrial organisation of employees.

 

2.          Procedures relating to disputes etc, between employers and their employees:

 

(a)        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.

 

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

 

(c)        While a procedure is being followed, normal work must continue.

 

(d)        The employee may be represented by an industrial organisation of employees for the purpose of each procedure.

 

12.  Truck Allocation

 

The central truck allocation procedures developed as part of the first and second awards for the efficient allocation of trucks shall remain. This procedure shall continue to provide excellent customer service whilst maximising utilisation of vehicles.

 

13.  COD’s

 

Batchers shall ensure that they comply with the Company policy regarding cash on delivery sales.

 

14.  Batcher Training

 

Employees undertake to co-operate and complete all training relevant to the performance of their jobs, including revised batcher training.

 

15.  Administration

 

Batchers shall co-operate with Company initiatives to ensure continuous improvement is maintained in all areas, particularly in minimising the incidence of pricing errors. A quarterly audit will provide feedback on areas of administration.

 

16.  Sick Leave

 

A doctor's certificate is to be provided if a sick day is taken on either side of a long weekend, RDO's, or annual leave.

 

In the event that the Company identifies individuals with an absenteeism problem, the Company may require the individuals concerned to produce a doctor’s certificate as part of the counselling and disciplinary procedure. In any event no employee is to take more than two single day’s absences without satisfactory proof of illness.

 

17.  Personal/Carer’s Leave

 

1.          Use of Sick Leave -

 

(a)        An employee other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph ii) of paragraph c), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, 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.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        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

 

(c)        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 the employee; or

 

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

 

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

 

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

 

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

 

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

 

2.          Unpaid Leave for Family Purposes -

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph i) of paragraph c) of subclause 1 who is ill.

 

3.          Annual Leave -

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph a) of this subclause, shall be inclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

4.          Make-up Time -

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

5.          Rostered Days Off -

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or employer.

 

(d)        This subclause is subject to the employer informing the union where it has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

 

18.  Remuneration Adjustment Stages

 

1.          Remuneration is as detailed in Annexure B of this award.

 

2.          This award shall be divided into two separate stages for remuneration increases:

 

Stage 1:           Upon expiry of the CSR Limited trading as Readymix Holdings Pty Limited - Newcastle Concrete (State) Award 2000 a 3% increase shall be paid to employees the subject of this award.

 

Stage 2:           12 months after the payment of Stage 1 above, a further 3% shall be paid to the employees the subject of this award.

 

3.          Salary Sacrifice of Superannuation Contributions

 

(a)        Remuneration may be made up entirely of wages or, at the option of an employee (other than a casual employee) and subject to the employer’s agreement, wages and a superannuation contribution to the CSR Australian Superannuation Fund (CSR Super). Wages and Superannuation are the two components which will make up remuneration. The sum allocated to each component will be negotiated initially between the employer and the employee and thereafter renegotiated in accordance with this clause.

 

(b)        Should the employer make a superannuation contribution in accordance with this clause, it shall not, to the extent of that contribution, be liable to pay wages to the employee under this award.

 

(c)        The opportunity for an employee to initially negotiate the components of remuneration as per a) above shall be in accordance with procedures determined by the employer and can only be changed in accordance with the company procedures during the period specified. Thereafter, the opportunity to renegotiate with the employer the components of remuneration as per a) above shall be available once a year at a time and in accordance with procedures determined by the employer, and can only be changed in accordance with the Company procedures during the period specified. In the event that changes in legislation, the Income Tax Assessment Act 1997, tax office rulings or determinations remove or alter the Company’s capacity to maintain the salary sacrificing arrangements pursuant to this agreement, the Company will be entitled to withdraw from these arrangements by giving notice to each affected employee.

 

Annexure a

 

This award shall apply at the following sites:

 

Wyong Concrete Plant

Tighes Hill Concrete Plant

Lot 18 Pavitt Crescent

Industrial Drive

NORTH WYONG

TIGHES HILL

 

 

Teralba Concrete Plant

Salamander Bay Concrete Plant

Pitt Street

Muller Road

TERALBA

SALAMANDER BAY

 

 

Sandgate Laboratory

Raymond Terrace Concrete Plant

Mangrove Road

Pacific Highway

SANDGATE

HEATHERBRAE

 

ANNEXURE B

 

Remuneration Rates And Allowances

 

Central Mixers and Concrete Workers Central Batch Plants (State) Award Classifications

 

 

(3% Increase)

(3% Increase)

 

Stage 1

Stage 2

GRADE

NEW RATE

NEW RATE

 

(per week)

(per week)

 

$

$

Grade 1

579.62

597.01

Grade 2

607.65

625.88

Grade 3

648.69

668.15

Grade 3a

659.36

679.15

Grade 3b

660.28

680.09

Grade 4

669.35

689.43

Grade 5

669.35

689.43

Grade 5a

680.80

701.22

Grade 5b

691.72

712.47

Grade 6

680.80

701.22

Grade 6a

691.72

712.47

Grade 6b

707.39

728.62

 

 

 

(3% Increase)

(3% Increase)

 

Stage 1

Stage 2

ALLOWANCES

NEW RATE

NEW RATE

 

(per week)

(per week)

 

$

$

Industry Allowance

22.64

23.32

Leading Hand Allowance 2-5 people

19.35

19.93

Leading Hand Allowance 5-10 people

22.37

23.04

Leading Hand Allowance greater than 10 people

30.54

31.46

 

 

 

R. W. HARRISON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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