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.