NSW METSERV AUSTRALASIA PTY LTD BRIQUETTING PLANT INDUSTRIAL RELATIONS
AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by MetServ
Australasia Pty Limited.
(No. IRC 690 of 2003)
Before Commissioner
Connor
|
28 February 2003
|
AWARD
Clause No. Subject Matter
1. Introduction
1.1 Title
1.2 Purpose
1.3 Duress
1.4 Commencement and Term of the Award
2. Employment
Conditions
2.1 Contract of Employment
2.2 Letter of Appointment
2.3 Part Time Employees
2.4 Casual/Fixed Term Employees
2.5 Payment of Wages
2.6 Clothing Issue
2.7 Requirement to Work in Accordance with the needs of the
Business
2.8 Termination
3. Hours of
Work
3.1 Ordinary Working
3.2 Overtime
3.3 Transfer between Day Work, Shift Work and Rosters
3.4 Meal Times
4. Rates of
Pay
4.1 Wages and Classifications
4.2 Meal Allowances
4.3 Superannuation
4.4 Bonus Payments
5. Leave
5.1 Annual Leave and Loading
5.2 Public Holidays
5.3 Days Added to the Period of Annual Leave or Long Service
Leave
5.4 Long Service Leave
5.5 Parental Leave
5.6 Sick Leave
5.7 Compassionate Leave
5.8 Community Service
6. Disciplinary
Policy
6.1 Objectives of the Disciplinary Policy
6.2 Employees rights to have a witness present at an interview
6.3 Stages of Discipline
6.4 Repetition of Misdemeanour
6.5 Avoidance of Disputes
6.6 Degree of Discipline
6.7 Employee Assistance Scheme
7. Training
and flexibility
7.1 Training Provisions
8. Occupational
Health & Safety
9. Continuity
of Production and Procedure for Resolving Issues and differences
9.1 Procedure for Resolving Disputes
10. Essential
Services Dispensation
11. Site
Employee Representative
11.1 Rights of Entry
11.2 Union Delegates
11.3 Participation and Communication
12. No Extra
Claims
13. Appendices
Appendix 1 - Offer of Employment
Appendix 2 - Rates of Pay
Appendix 3 - Pay Allowances
1. Introduction
1.1 Title
This award shall be known as the NSW MetServ Australasia
Pty Ltd Briquetting Plant Industrial Relations Award.
1.2 Purpose
The purpose of this award is to regulate the conditions
of employment and to describe the enterprise agreements, which will exist
between MetServ Australasia Proprietary Limited ("the Company") and
the Australian Workers Union, New South Wales (AWU) ("the Union") at
its operations located within the BHP Port Kembla Steelworks, Port Kembla.
This award shall apply to Briquetting Plant employees
of MetServ Australasia Proprietary Limited at Port Kembla in the
classifications contained herein.
1.3 Duress
This Award has not been entered into under duress from
any parties associated with it.
1.4 Commencement
and Term of the Award
The Award shall come into force and shall apply for a
period of one (1) year from that date of formal commissioning and practical
acceptance of the Briquetting Plant.
There shall be an automatic extension of the term for one (1) more year,
unless either party expresses it’s written desire to terminate the agreement at
the end of one (1) year within three (3) months of the termination.
2. Employment
Conditions
2.1 Contract Of
Employment
(i) Employment
shall be on a weekly basis.
(ii) Permanent
employment of new employees shall be for a probationary period of thirteen
weeks service. Should it be decided that the performance is unsatisfactory,
then following discussions with a union representative, the employment of the
probationary employee may be terminated on completion of the thirteen-week
trial. Management will always have the right to terminate an employee for
serious breach of rules or policies in consultation with the relevant Team.
(iii) Subject to
Company Disciplinary Procedures, Section 6, employment shall be terminated by a
weeks notice on either side, given at any time during the week, or by the
payment or forfeiture of a week’s wages, as the case may be. Where an employee
has been given notice by the Company, he shall, upon request, be granted leave
or absence without pay for one day or shift during the period of notice in
order to look for alternative employment.
(iv) Any employee
taking unauthorised absence from duty shall not be paid for the actual time of
such non-attendance and may be subject to further disciplinary action after
consultation with the Union Representatives.
(v) The
obligations of the Company and employees to customers and their employees must
be respected by ensuring actions of the company or employees do not adversely
affect customers.
(vi) While workplace
change, new technologies and changes in operations will be ongoing every
opportunity will be taken to effect changes through voluntary means and natural
attrition. Should this not be possible then both parties shall enter into
further discussions with a view of resolving the situation to the satisfaction
of both parties.
2.2 Letter Of
Appointment
(a) Prior to
joining the Company, each successful applicant will receive a letter
"Offer of Employment"’ as per Appendix 1 setting out the Conditions of
Employment.
(b) Upon agreement
of the conditions and requirements of employment, indicated by signature of the
applicant on the Offer of Employment and return to the Company, and on
completion of a satisfactory Medical Examination and satisfactory references
the prospective candidate will be appointed.
2.3 Part Time
Employment
Part time employees may be engaged to the needs of the
business on an ongoing basis for a period of between 15 hours per week but less
than 38 hours per week. Part-time employees will be eligible for the
entitlements provided in this Award on a pro rata basis. If work practices are
to be substantially changed due to this practice, there shall be consultation
between parties.
2.4 Casual/Fixed
Term Employees
(i) Casual
employees may be employed from time to time to satisfy fluctuating short-term
requirements in manpower and are those employees expressly engaged as such and
for whom the contract of hiring shall be deemed to be hiring by the hour.
Casual employees may also be hired for fixed terms to be clearly stated in the
Offer of Employment. If work practices are to be substantially changed due to
this practice, there will be consultation between the parties.
(ii) For working
ordinary time, a casual employee shall be paid per hour 1/38th of the
appropriate weekly wage prescribed for the work which they perform plus a 25%
loading. The 25% loading incorporates Sick Leave, Annual Leave, Rostered Days
Off (RDO) and all other forms of Leave, and Public Holiday allowances.
There shall be a minimum engagement of eight hours for
a casual employee.
The following terms and benefits will not apply to a
casual employee: Termination, Sick Leave and Superannuation. Casual workers
will be paid the Superannuation Guarantee Levy as required by law.
(iii) A fixed term
employee means an employee engaged and paid as a full time employee on a weekly
basis for a defined period of employment as defined in Appendix 1. The employee
should also sign an offer of employment (Fixed Term) attached as in Appendix 1.
(iv) At the time of
engagement a fixed term employee will be notified in writing that the
engagement is on a casual basis.
(v) No term
employee may be engaged for more than two consecutive terms, which can be a maximum
period of three months and nine months respectively. If work continues for
which the term employee was engaged after the two terms then the employee will
be engaged permanently. No other term
or casual employee may be engaged to continue with such similar work.
(vi) During any
terms of employment casual and term employees will be subject to regular
performance appraisals and may be terminated due to poor or unacceptable
performance after consultation with the Union Representatives.
2.5 Payment Of
Wages
(i) All employees
will be paid by means of Electronic Funds Transfer into a nominated Bank or
Credit Union account.
(ii) Funds shall
be deposited weekly into employees’ accounts by Thursday of the following week
except in circumstances beyond the Company’s control.
(iii) Prior to or
on the nominated payday, each employee will be provided with written advice
detailing hours worked, all monies earned and all deductions taken on behalf of
the employee and any other information as may be considered relevant.
(iv) Pay
adjustments will be made within the following week of notification and
approval.
2.6 Clothing Issue
The Company recognises the need to supply employees
with a suitable uniform to meet the safety standards of the workplace and
Government Legislation.
The OH&S Committee and the Company will determine
guidelines for the type and issue of clothing.
Employees will be entitled to two clothing issues per
annum, one in winter, the other in summer.
2.7 Requirement To
Work In Accordance With The Needs Of The Enterprise
For the purpose of meeting the needs of the enterprise,
the employer may require an employee to work a reasonable amount of overtime,
including work on Saturdays, Sundays and holidays at the rate prescribed by
this award and unless reasonable excuse exists, the employees shall work in
accordance with such requirement.
2.8 Security Of
Employment
(i) The Company
Policy is to encourage employees to continue working unless the employee
suffers from disablement.
At the time of retirement, the following conditions are
to apply:
Payment of Superannuation Benefits accrued.
Payment of accrued Long Service Leave.
Payment of any accrued Leave entitlements.
Payment of all accrued Sick Leave.
(ii) It is
proposed that through the limited use of casuals, significant fluctuations in
numbers of permanent employees will be limited during the life of this Award.
(iii) Security of
employment is important for improving working relationships, trust and
cooperation with change. An environment where everyone is working in fear of
losing their employment is not desirable. An environment where people focus on
doing their jobs safely and well, implementing improvement actions, adapting
swiftly to change and caring for the business is preferred. Real employment
security will only be achieved by successful business performance. Working
together in implementing change and improvement, will maximise the security for
everyone.
(iv) The Company
does not presently foresee any forced retrenchments during the life of this
Award. However, should retrenchments become necessary then an employee will
receive:
(a) Four weeks pay
plus 10 weeks additional compensation, as defined in Clause 4.1, Wages and
Classifications.
(b) 2.5 week’s pay,
as defined in 4.1 Wages and Classifications, for each year of continuous
service.
(c) This scheme
has a maximum of 52 weeks pay.
(d) In addition the
employee will receive all accrued sick leave.
(e) In addition
the employee is entitled to receive the following accrued entitlements:
Payment of Superannuation Benefits Accrued
Payment of accrued Long Service Leave
Payment of any accrued Annual Leave entitlements
(v) While
workplace change, new technologies and changes in operations will be ongoing
every opportunity will be taken to effect changes through voluntary means and
natural attrition. Should this not be possible then both parties shall enter
into further discussions with a view of resolving the situation to the
satisfaction of both parties.
3. Hours of Work
3.1 Ordinary
Working Hours
(i) The ordinary
hours of work for all employees shall not exceed 8 hours per day or 38 hours
per week, or 152 hours per four weeks, and such hours shall be worked between
0:00 hours of Monday and 24:00 on Friday in any week.
(ii) The pattern
of working hours will be determined once the design and the process flow for
the plant have been finalised. In the event that the Company introduces 7-day
shift work an agreement will be reached between the company and the workplace.
(iii) The starting
and finishing times of ordinary work and shifts shall be determined by the
Company taking into account the needs of the client and may be varied following
consultation with employee representatives, with adequate notice to employees.
(iv) All employees
will be expected to effect "hot seat changeover", remaining at their
place of work until a relief arrives or a suitable arrangement can be met
between the parties.
3.2 Overtime
(i)
(a) "Overtime"
is work performed in excess of or outside the ordinary working hours and times
prescribed by Clause 3.1. and shall be paid at the rate of time and one half
for the first two hours and at the rate of double time thereafter.
(b) Except in the
case of urgent breakdown work necessary to secure an immediate resumption of
operations, overtime shall be paid for all time worked by day workers in excess
of five hours without a meal break.
(c) Overtime shall
be paid for Shift workers at the rate of time and one half for the first two hours
and at the rate of double time thereafter for all time worked:
(i) In excess of
the ordinary working shift hours prescribed by this award; or
(ii) On more than
eleven shifts in twelve consecutive days; or
(iii) On a rostered
shift off: or
(iv) In excess of
five and one half hours without a Crib break.
(ii) Where
overtime is scheduled on Roster days, and an agreement has been reached to work
such overtime:
(a) If employees
are unavailable to work for personal or other than sickness reasons they must
give reasonable notice to their Supervisor of this unavailability.
(iii)
(a) Overtime is
not payable when time is worked by arrangement between the employees
themselves. Employees wishing to change their rostered working hours or
exchange with other employees must advise the Company beforehand.
(b) Overtime is not
payable for the purpose of affecting the customary rotation of shifts.
(iv) Employees
recalled to work overtime after leaving the place of work whether notified
before or after leaving the premises; or required to report and who do report
for overtime on a public holiday or a day other than an ordinary working day
including rostered days off shall be paid for a minimum period of four (4)
hours at the appropriate rate for each such occasion, unless the period to be
paid overlaps with a rostered shift.
Overtime call outs within 2 hours of normal rostered shifts will be paid
at double time for that period or the person may choose to work his normal shift
hours from the commencement of the call out at the normal shift rate.
(v) Overtime work
is not a right or privilege of individuals or groups and, when offering
overtime, preference may be given to employees working that function, and then
to other employees with necessary skills and training on a fair and equitable
basis.
(vi) When overtime
work is necessary, wherever practicable, it shall be arranged that employees
have at least eight consecutive hours off duty between the work of successive
days. An employee who works overtime such that they do not get eight successive
hours off between working days shall, subject to this Clause, be released after
completion of such overtime until they have had eight hours off duty without
loss of pay for ordinary working time during such absence. No more than 16 consecutive hours shall be
worked at any one time.
If, on instruction from the Company, an employee
resumes or continues working without eight consecutive hours off duty, he/her
shall be paid at double rates until released from duty and then be entitled to
be absent until having eight consecutive hours off duty, without loss of pay,
for ordinary working time during such a period.
(vii) Where an
employee has transferred from one system of work to another system of work upon
instruction from the Company then that employee shall be paid at overtime rates
for any shift upon which they are employed as a shift worker in respect of
which they have not been given 48 hours notice.
3.3 Transfer
Between Day Work, Shift Work And Rosters
(i) For the
purpose of meeting the needs of the industry, the Company may require any
employee to transfer from one system of work to another system of work
prescribed by this Award at the rate applicable thereto and, unless reasonable
cause exists, an employee shall transfer in accordance with such requirement.
(ii) Day workers
may be employed as and become shift workers for a period of not less than five
shifts when the fifth shift is their 38-hour week rostered off shift and shall
be paid accordingly.
Provided that an employee shall at overtime rates for
any shift upon which an employee is employed as a shift worker under this
Clause in respect of which they have not been given at least 48 hours’ notice.
(iii) A shift
worker who is required to work on a shift other than the shift on which the
employee would ordinarily have been rostered shall be paid at overtime rates
for any such shift in respect of which they have not been given at least 48
hours’ notice. This will not apply where the employee reverts to their normal
shift pattern or where employees change shifts at their own request.
3.4 Meal Times
(a) Day/Afternoon/Night
rotating shift employees on 8 hour shifts will be given a 20 minute paid meal
break to be taken within 5 hours of starting work and at a time convenient to
maintain production.
(b) Day Shift
employees shall be allowed a non-paid 30-minute meal break to be taken within 5
hours of starting work.
(c) All employees
will be permitted a 10 minute tea break two hours after starting work and two
hours after the meal breaks described in 3.4 (a) and (b) above, providing
production is not interrupted by the tea break.
(d) The breaks
should be arranged so that they are taken at regular intervals at a time to
best suit the needs of the business.
4. Rates of Pay
4.1 Wages And
Classifications
Rates of pay have been set with regard to the nature
and location of the work, working arrangements, qualifications and skill level
required, and includes compensation for any special disabilities, conditions
and responsibilities associated with the work, including consideration of
climatic work related factors, and the supply of tools, equipment and clothing.
Rates of pay are total and inclusive, not subject to rates or allowances other
than defined in this Award.
An employee who is required to do work carrying a
higher rate than the employees’ ordinary classification for two hours or more
on any day or shift shall be paid at the higher rate for the whole of the day
or shift.
It is requirement that employees gain a WorkCover
Competency certificate where applicable but in all cases a MetServ Australasia
Competent Certificate to receive payment for that skill. Provided employees fully satisfy all
requirements of the Competency test then there should be no restriction to
issuing of a Certificate.
It is a requirement for payment that employees are
willing to use all skills for which they are recognised and paid, at any time
for the needs of the team and business.
Prior to the commencement of the plant the Company will
go through a rigorous recruitment process to select employees capable of
obtaining Production Operators Levels 1 & 2.
Progression from Level 1 to 2 will only be done by
appointment by the Company based on the needs of the business.
An Employee at Production Level 1, who does not have a
Trade background, can still be considered for progression to PE Level 2 after
the successful commissioning of the Briquetting Plant. Progression will be by
appointment by the Company based on the needs of the business and the skills
exhibited by the Employee.
Production Employee Entry Level
An employee who in commencing with the Company and has
not obtained the skills stated in, "Production Employee Levels 1 &
2".
If the plant is not commissioned and running within one
month the employee will undergo a competency test to ascertain the employees
suitability for PEG1.
If the plant is commissioned and running the employee
can undergo a competency test to ascertain the employees suitability for PEG1
after two (2) weeks.
Production Employee Grade 1
Shall mean a multi-skilled employee capable and
competent of performing and willing to use all skills in Process, Servicing and
Maintaining the Briquetting Plant.
The employee must be proficient in the following
categories, Operations of the Dewatering and Briquetting Plant equipment,
Loader operations and simple maintenance tasks such as, replacing hoses,
adjusting pump glands, inspection of equipment and changing filters.
Production Employee Grade 2
Shall mean a multi-skilled employee capable and
competent of performing and willing to use all skills in Process, Servicing and
Maintaining at Production Employee Level 1.
The employee must possess a Mechanical or Electrical Trade
Certificate (TAFE or Equivalent), BHP and MetServ Site Inductions, BHP Levels 1
& 2 Lockout and Isolation Procedures.
The employee must have either been exposed to a range
of Leadership Development skills or willing to participate in the development
of these skills.
The employee must develop skills around the management
and leadership of Safety, Environment and Quality critical components of the
Operation of the Plant.
The employee must be capable of performing, instructing
or leading the maintenance of the Briquetting Plant equipment. Maintenance will
include the above-mentioned skills in PE Grade 1, plus more complex tasks such
as changing components, tracking conveyors, oxy cutting and welding, basic
lifting skills, process adjustments and calibration of equipment.
The Employee must obtain the MetServ ATW Training, and
must be willing and able to fore fill the role as the Company Representative in
this process.
The Union reserves the right after 12 months of
Operations to assess the appropriateness of the classifications with the
Company.
4.2 Meal
Allowances
Employees required to work overtime for more than one
and a half hours after the ordinary cessation of shifts without having been
notified 24 hours prior to the day of the requirement to work shall be provided
with a meal by the employer or paid as defined in Sub Clause 3.4, Meal Times.
If an employee, pursuant to notice, has provided a meal
and is not required to work overtime or is required to work for less than
one-and-a-half hours, the employee shall be recompensed suitably to a maximum
value as defined in Sub Clause 3.4, Meal Times for a meal which they have
provided.
4.3 Tool Allowance
(i) If a
Tradesperson Classification is required in this Award they shall be paid an
allowance as defined in Appendix 3, Pay Allowances for supplying and
maintaining tools ordinarily required in the performance of their work as
tradesmen. The allowance shall apply for all purposes of this Award. Any tool replacements shall be made
promptly.
(ii) If the
Company should decide to provide all tools ordinarily required by tradesmen in
the performance of their work, the Company may continue that practice and, in
that event, the allowance prescribed above shall not apply.
4. 4 Superannuation
(i) The employer
shall contribute to a superannuation fund, which complies with the
Superannuation Guarantee Charge legislation on behalf of each eligible employee
a superannuation contribution equivalent to not less than seven percent of such
eligible employee’s ordinary time earnings.
The MetServ Australasia Pty Limited Superannuation Plan
has been established with AMP Society to provide Death and Disablement and
Retirement benefits for all permanent full-time employees of the Company. The Plan is an Accumulation Plan and
contributions are invested in the AMP Society’s Capital Guaranteed Fund.
Employees may request to alternatively join a
Superannuation Plan nominated and agreed to by the Union, and such request
shall not be unreasonably withheld.
(ii) The
contributions of the Members of the Plan and the Company are shown below:
Employee Who Choses
To Contribute
|
Company Contributes
|
|
|
3%
|
11%
|
4%
|
13%
|
5%
|
15%
|
The contributions of the employees and the Company will
be based on the defined Wage which is the Weekly Wage rates as defined in
Clause 4. Rates of Pay, plus the additional pays shown below:
Defined
|
=
|
Basic Weekly
|
+
|
Productivity
|
+
|
Shift
|
+
|
Saturday
|
+
|
Sunday
|
Wage
|
|
Wage
|
|
Bonus*
|
|
Allowance
|
|
Penalty
|
|
Penalty
|
* When paid
(iii) Agreement for
Alternative Remuneration Arrangement
(a) Despite any
other provisions of this Award, for the purpose of calculating ordinary time earnings,
the rate of pay per week described in Clause 4, Rates of Pay, shall be reduced
by the amount which an employee elects by notice in writing to the Company to
sacrifice in order to enable the Company to make a superannuation contribution
for the behalf of the employee.
(b) For an
employee’s election to be valid the employee must complete an election form
provided by the Company.
(c) The reduced
rate of pay and the superannuation contributions provided for in this clause
shall apply for periods of annual leave, long service leave, and other periods
of paid leave.
(d) All other award
payments, including termination payments, calculated by reference to the
employee’s rate of pay shall be calculated by reference to the rate of pay per
week specified for the employee in Clause 4, Rates of Pay.
(e) Unless
otherwise agreed by the Company, an employee may only revoke or vary his or her
election once in each twelve months. No less than one month’s written notice
shall be given by an employee or revocation or variation of the employee’s
election.
(f) If at any time
while an employee’s election is in force, there are changes in taxation or
superannuation laws, practice or rulings, that materially alter the benefit to
the employee or the cost to the Company of acting in accordance with the
election, either the employee or the Company may, upon one month’s notice in
writing to the other, terminate the election.
(g) The Company
shall not use any superannuation contribution made in accordance with an
employee’s election to meet its minimum employer obligation under the Superannuation Guarantee Administration Act
1992 (Cth) or any legislation which succeeds or replaces it.
(iv) When an
employee is not eligible or decides not to become a member of the MetServ Pty Limited
Superannuation Plan, the Company will make contributions required under the
Superannuation Guarantee legislation to the above mentioned Plan unless the
member nominated another Fund which must comply with the Occupational Superannuation Standards Regulations Application Act
1992.
(v) The option to
Salary Sacrifice on future earnings (including increases) into additional
superannuation contributions will be made available to all employees. Salary sacrifice’s do not attract Company
contributions in any form.
If an employee elects to Salary Sacrifice a portion of
their wages then the dollar amount or percent of future earnings to be so
sacrificed must be nominated in writing to the pay office.
The option to Salary Sacrifice can only be exercised
when future earning (including wage increases) can be reasonably determined and
before they are payable.
The nominated account or percent to be Salary
Sacrificed will become a permanent deduction of the employee’s gross wage until
a variation is lodged in writing by the employee and it is received by the pay
office. Variations will be limited to
one per 12 month period (except in a period of proven hardship).
4.5 Bonus Payments
4.5.1 Bonus payments
may be made to all employees by negotiation measured on set targets to improve
safety or other business performance.
4.5.2
(i) An Incentive
Bonus will be calculated on monthly KPI’s of production and/or cost related to
the Company’s Business Plan, details of which will be provided prior to the
commissioning of the plant. The Bonus will have a maximum payment of 2.5% and
be paid quarterly.
(ii) An additional
quarterly Productivity Payment of 2.5% will be made should employees adhere to
Clause 9 "Continuity of Production and Procedure for Resolving Issues and
Differences" and maintain essential services during any dispute as defined
in Clause 10 "Essential Services Dispensation". This is to be paid weekly, and will be
suspended from the first pay period after any lack of adherence to Clause 9 or
10.
5. Leave
5.1 Annual Leave
And Loading
(i) Day workers
and Monday to Saturday shift workers are entitled to four weeks’ Leave (152
hours) in respect of each year of continuous service with the Company in
accordance with the Annual Holidays Act,
1944.
(ii) In addition
to the benefits provided by the Annual
Holidays Act, 1944, with the respect to an annual holiday of four weeks an
employee who, during the year of the employees’ employment with the Company for
which the employee becomes entitled to the four weeks also gives service as a
seven-day shift worker, shall be entitled to additional leave as specified
below:
(a) If during the
year of an employee’s employment, he/she the employee has served the Company
continuously, as such seven-day shift workers, additional leave with respect to
that year shall be one week (38 hours).
(b) Subject to
sub-paragraph (d) of this Clause, if during the year of the employees’
employment the employee has served for only a portion of it as a seven-day
shift worker, the additional leave shall be one day for every thirty three
ordinary shifts worked as a seven-day shift worker.
(c) Subject to
sub-paragraph ‘(d)’ of this Clause, an employee shall be paid for such additional
leave at the annual leave rate of pay, for the number of ordinary hours of work
for which the employee would have been rostered for during the period of
additional leave had such an employee not been on leave.
(d) Where the
additional leave calculated under this Clause is or includes a fraction of a
day, such fraction shall not form part of the Leave period and any such
fraction shall be discharged by payment only.
(e) In this
Clause, reference to one week and one day includes holidays and non-working days.
Where the employment of a worker has been terminated and the employee thereby
becomes entitled under Section 4 of the Annual
Holidays Act, 1994, to payment in lieu of an annual holiday with respect to
a period of employment, the employee also shall be entitled to an additional
payment of three and a half hours at the annual leave rate of pay with respect
to such twenty one shifts of service as a seven-day shift worker which the
employee has rendered during such period of employment.
(iii) In respect of
a period of annual leave, an employee shall be paid a loading, namely 20%, on:
(a) Employee
ordinary pay pursuant to the Annual
Holidays Act, 1944, and where applicable, the employee annual leave rate of
pay pursuant to this Clause and subclause 5.3, Days Added to the Period of
Annual Leave or Long Service Leave, of this Agreement; or
(b) The sum of the
employee award rate of pay for ordinary time at the commencement of the
employees’ annual leave as prescribed in Appendix 2- Rates of Pay, provided
that an employee who would have worked on shift work had the employee not been
on Annual leave shall be paid whichever is the greater of the said loading, or
the shift work allowances pursuant to Clause 3.3, Transfer Between Day Work,
Shift Work and Rosters, that would have been payable to him/her in respect of
ordinary time during the period of annual leave had the employee not been on
Annual Leave.
(iv) The loading
prescribed by this Sub-Clause shall apply to payment in lieu of a fully due
annual holiday on termination of employment, but shall not apply to
proportionate holiday payment on termination of employment.
(v) In accordance
with the Company’s policy, employees are required to take accrued annual leave
following each continuous year of service in accordance with the Annual Holidays Act 1944.
Such leave shall normally be taken in accordance with
the Annual Leave Act, 1944, within
six months and no more than twelve months of their entitlement. Applications
for Annual Leave shall be made in writing on the Company form at least two
weeks before the requested date for the start of Leave, except for two single
day or one two-day periods of Special Annual Leave where seven days notice or
proof of urgency are needed.
(vi) The timing for
taking of accrued annual leave shall be arranged between the Company and the
employee, giving consideration to the chronological request for leave by other
employees, number of persons and substitutes in a function, previous leave
periods taken, etc.
In the event of any final disagreement or conflict of
requests, The Company shall decide on the matter. The Company may schedule
Annual Leave to be taken in consideration of the work requirements and annual
leave arrangements of BHP, the client company.
(vii) Any disagreements
regarding Annual Leave allocation or payment should be resolved through the
disputes settling procedure (Clause 9).
(viii) Employees
whose service is terminated due to serious and wilful misconduct are not
entitled to proportional payment on dismissal for Annual Leave loading and Long
Service Leave.
5.2 Public
Holidays
(i) The following
days or the days upon which they are observed shall for the purposes of this
award be nominated public holidays and no deduction shall be made from the
wages of employees for such holidays if not worked:
New Year’s Day
Australia Day
Good Friday
Easter Monday
Anzac Day
Queen’s Birthday
Labour Day
Christmas Day
Boxing Day
This payment also includes New South Wales Gazetted
Public Holidays.
(ii) The Port Kembla
Steelworks Picnic Day shall be taken.
(iii) This
provision for payment does not apply where an employee is absent from the
employees’ employment on the working day before or the working day after a
public holiday without reasonable excuse or without the Consent of the Company.
If an employee notifies that an absence described above resulted from illness
or injury, payment for public holiday will only be made if proof of illness or
injury is provided to the Company.
5.3 Days Added to
the Period of Annual Leave or Long Service Leave
(i) In the case
of an employee who was, at the commencement of the employees’ Annual Leave or
Long Service Leave, employed as a seven-day shift worker whose ordinary working
period includes Sundays and Holidays, shall have one day added to their
Annual/Long Service Leave in respect of any Holiday prescribed.
(ii) An employee
rostered off duty on a day defined as a public holiday under this award and who
is not required to work on that day shall:
(a) Have one day
added to the employees’ Annual leave; or
(b) By mutual
consent, be paid, in the pay for the period in which the holiday falls, for the
holiday at the rate pursuant to Clause 5.2, Public Holidays, of this award.
This Sub-Clause shall not apply when the holiday falls
either on a Saturday or Sunday, except in the case of employees engaged as
seven-day shift workers, or on a Sunday in the case of employees as Monday to
Saturday shift workers who are regularly rostered for duty on Saturday as
ordinary working days.
(iii) Any day or
days added shall be paid for at the Annual leave rate of pay and, in the case
of Long Service Leave, shall be paid for at the Long Service Leave rate of pay.
(iv) Any day or
days added in accordance with Sub-Clause (i) or (ii) of this Clause shall be
the working day or working days immediately following the period of Annual
Leave or Long Service Leave to which the employee is entitled under Clause 5.1,
Annual Leave and Loading, or Clause 5.4, Long Service Leave, of this Award.
(v) For the
purposes of Sub-Clause (iv) of this award, working days shall mean:
(a) In the case of
an employee who, at the commencement of the employees’ period of Annual Leave
or Long Service Leave, was employed as a day worker - any day of the week
including a day on which the employee concerned would have been rostered off
duty if the employee were not on Annual Leave or Long service Leave, but
excluding a Saturday, a Sunday, or a Holiday prescribed by this award.
(b) In the case of
an employee who, at the commencement of the employees’ period of Annual Leave
or Long Service Leave, as the case may be, was employed as a Monday to Saturday
shift worker - any day of the week other than a Sunday or a Public Holiday prescribed
by this award including a day on which the employee would have been rostered
off duty if the employee were not on Annual/Long Service Leave.
(c) In the case of
an employee who, at the commencement of the employees’ period of Annual/Long
Service Leave, as the case may be, was employed as a seven-day shift worker -
any day of the week including a day on which the employee would have been
rostered off had they not been on Annual/Long Service Leave.
(vi) Where the
employment of a worker has been terminated and the employee thereby becomes
entitled under Section 4 of the Annual
Holidays Act, 1944, to payment in lieu of an annual holiday with respect to
a period of employment, the employee also shall be entitled to an additional
payment for each day accrued to him/her under Sub-Clause (ii) of this Clause,
at the annual leave rate of pay.
An employee who is employed as a seven-day shift worker
who:
(a) Has a day
added to the employees’ Annual Leave or Long service Leave pursuant to
Sub-Clauses (i) and (ii) of this Clause, and
(b) Such a day
falls on a holiday prescribed by Clause 5.1, Annual Leave and Loading, of this
award on which the employee would have been rostered to work an ordinary shift
were it not for the employees’ entitlement to an added day, shall be paid for
such day in addition to the employees’ entitlement under Sub-Clause (iii) of
this Clause at the rate prescribed by Clause 5.2, Public Holidays, of this
award.
5.4 Long Service
Leave
Employees are entitled to Long Service Leave accumulated
per continuing year of service in accordance with the Long Service Leave Act, NSW, 1955.
5.5 Parental Leave
Permanent employees with at least twelve months’
continuous service with the Company and who provide due notice will be entitled
to unpaid Maternity, Paternity or Adoption Leave in accordance with the
provisions of the NSW Industrial
Relations Act 1996.
5.6 Sick Leave
(i) An employee
who is unable to attend for duty during the employees’ ordinary working hours
by reason of personal illness or incapacity shall be entitled to be paid at
ordinary time rates of pay which would have been payable had they attended for
duty subject to the following:
(a) The employee
shall not be entitled to be paid leave of absence for any period in respect of which the employee is entitled
to workers’ compensation.
(b) The employee
shall notify the Company of the employees’ inability to attend for duty in
accordance with Company procedures and, as far as possible, state the nature
and estimated duration of the illness or incapacity.
(ii) The Company
permits up to two (2) separate single day Sick Leave periods per calendar year
without Medical Certificate, but a signed declaration by the employee on the
relevant Company Form.
In all other cases a Medical Certificate as proof of
illness must be supplied within three (3) days of commencement of that illness.
(iii) Employees
will be subject to the following Sick Leave entitlements:
(a) Employees with
less than one year’s continuous service are entitled to 40 hours Sick Pay at ordinary time.
(b) Employees with
more than one years’ but less than ten years’ continuous service are entitled
to 64 hours of Sick Pay at ordinary time.
(c) Employees with
more than ten years service are entitled to 80 hours of Sick Pay at ordinary
time.
Employees are required to complete a qualifying period
of three months of continuous service with the Company in order to be entitled
to claim Sick Pay.
(iv) 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 as set out in subparagraph (ii) of paragraph (c) of this subclause 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, provided
for in this clause 5.6, Sick Leave, 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 the purposes of
this subparagraph:
"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.
(d) An employee
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 the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose - 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 (ii) of paragraph (c) of subclause
(1) of this clause who is ill.
(v) The rights
under this clause shall accumulate from year to year so long as the employment
continues whether under this or any other award or Agreement.
For the purposes of this Clause, continuous service
shall be deemed not to have been broken by:
(a) Any absence
from work granted by the Company; or
(b) Any absence
from work by reason of personal illness, injury or other reasonable cause
proven by the employee.
5.7 Compassionate
Leave
An employee shall, on production of acceptable proof of
the death of a spouse (including a de facto spouse), father, mother. foster
father, foster mother, step-father, step-mother, brother, sister,
father-in-law, mother-in-law, child or step-child, grandparents, grandchildren
or grandparents-in-law be entitled on notice to compassionate leave without
deduction from ordinary wages for such period not exceeding two days as is
reasonable in the circumstances.
Compassionate leave will not be granted if the period
of leave coincides with any period of paid leave.
5.8 Community
Service
1. Jury Service
An employee required to attend for jury service:
(i) during his
ordinary hours; or
(ii) immediately
following an ordinary night shift or immediately preceding an ordinary
afternoon shift on which the employee is rostered to work and, as a result of
attending jury service, is not reasonably able to report for work on the night
or afternoon shift as the case may be:
shall be reimbursed by the Company an amount equal to
the difference between the amount paid in respect of this attendance for jury
service and the ordinary time they would have worked had they not attended for
jury service.
An employee shall notify the company as soon as
possible of the date upon which he is required to attend for jury service.
Further, the employee shall provide the company proof of his attendance, the
duration of such attendance and the amount received in respect of such jury
service.
2. Other Service
An employee may request the company to provide special
leave due to community service emergencies eg; fire fighting, S.E.S., payable
at loss of ordinary earnings only.
Employees will be entitled to a maximum of 80 hours in any year of such
community service emergency leave. Further, the employee shall provide the
company proof of his attendance, the duration of such attendance and any amount
received in respect of such leave.
6. Disciplinary
Policy
6.1 Objectives of
Discipline Policy
A clear and effective Discipline Policy is fundamental
in achieving production efficiency, safety and sound industrial relations.
Disciplinary action is only necessary in most circumstances where the initial
counselling of an employee has been unsuccessful. There will be The unions and
the company agree on the following disciplinary procedure to be applied in the
event of an employee’s unacceptable work performance or behaviour.
6.2 Employee’s
Right to have a Witness present at an Interview.
Before commencing any disciplinary interview, the
employee must be advised of the purpose of the interview and may, if they wish,
have a witness present at the interview. The person may be the union delegate
or another employee (provided they are available and can be released from the
job). The employee’s right to have a person of their choice is on the
understanding that the attendance and involvement of that person should not
unreasonably delay the interview.
If English fluency or language is a problem, an
interpreter may be offered.
6.3 Stages Of
Discipline
(i) Stage 1:
Verbal Warning
In this process the Shift Production Coordinator or
Superintendent verbally warns an employee in respect of inappropriate
behaviour. It should be indicated to the employee:
A.
|
What is expected and required of the employee.
|
B.
|
What the employee must do to reach the required standard.
|
C.
|
Where and how the
employee has failed to meet the standard required.
|
D.
|
What the consequences will
be if the employee failed to improve to the required standard.
|
Refer to the employee’s right to have a witness.
(ii) Stage 2:
First Written Warning
Where unacceptable work performance or behaviour continues
or the employee has displayed behaviour that in itself warrants an immediate
written warning the Manager or Superintendent will issue a written warning in
the following form:
As per Stage 1 detailed on a standard Company Form
Refer to the employee’s right to have a witness.
In the event that there is no repetition of the same
misdemeanour or misconduct for a period of twelve (12) months the warning will
lapse.
(iii) Stage 3:
Final Written Warning
Where unacceptable work performance or behaviour
continues or the employee has displayed behaviour that in itself warrants an
immediate final written warning, the Manager or Superintendent will issue that
warning in the following form.
As per Stage 1 detailed on a standard Company Form
Refer to the employee’s right to have a witness.
The final written warning will be issued in the
presence of a union organiser and/or representative. In the event that there is
no repetition of the same misdemeanour or misconduct for a period of two (2)
years the warning will lapse.
6.4 Repetition of
Misdemeanours After Lapse of Warnings.
In the case of an employee whose first written warning
has lapsed, where there is a repetition of the same misdemeanour or misconduct
within a period of six (6) months, the employee will be placed back on a first
written warning for six months.
In the case of an employee whose final written warning
has lapsed, where there is a repetition of any misdemeanour or any misconduct
within a period of twelve (12) months, the employee will be placed back on a
written warning for a further twelve (12) months.
Should there be occasions where an employee through the
employees’ action, indicates a failure to improve their performance and is
abusing the warning system the situation will then be resolved through
discussion between the Operations Manager, Union Representatives and the use of
ongoing warnings will be reviewed.
6.5 Avoidance of
Disputes
In the event there is a disagreement between the parties
on what level of disciplinary action is required, the matter will be the
subject to further discussion between the parties consistent with the disputes
settling procedure in the MetServ award. Where the parties cannot reach
agreement the matter will be referred to the NSW Industrial Relations
Commission for resolution.
Both parties shall withhold any form of action until
the Commission makes a decision and both parties will abide by the decision.
6.6 Degree of
Discipline.
Appropriate disciplinary action must be chosen for each
misdemeanour or case of misconduct. Different circumstances in each case make
it impossible to generalise about which action is appropriate. Listed below
however, are some guidelines for the assistance of Team Leaders.
Category 1
Absenteeism
Inefficiency and poor performance
Poor timekeeping
Minor breach of safety regulation
Leaving the workplace without permission
Appropriate Discipline
Work through stages of discipline
Category 2
Negligence
Malingering
Verbal abuse of a work mate or supervisor
Appropriate Discipline
May be necessary to by-pass the verbal stage and give
written warning to the employee.
Category 3
Major breach of safety regulations.
Possessing or consuming alcohol or other drugs on the
job.
Deliberately damaging company property and personal
property.
Falsifying time sheets or Doctors Certificates.
Physical abuse of a work mate or supervisor.
The theft and/or aiding and abetting the theft of
company or customer property.
Abandonment of Employment
Appropriate Discipline
Instant Dismissal
6.7 Employee
Assistance Scheme
If during any stages of the disciplinary procedure the
company is of the view that an employee might need extra counselling or other professional
support the management may offer an employee some form of assistance.
7. Training
7.1 Training
Provisions
(i) The Company
has a commitment to provide training to develop employee’s skills and
competencies and maintain those skills so employees can carry out their duties.
(ii) Statutory
training given off the job, outside normal working hours, will be paid at
overtime rates of pay. Other training off the job, outside normal working
hours, will be paid at single time rates of pay unless it involves productive
work when it will be paid at overtime rates.
(iii) Employees
will be trained in the skills, which will be of maximum benefit to the needs of
the Business.
(iv) An employee
will receive an additional payment for skills only when full accreditation for
competency in the applicable level has been given.
(v) Once deemed
competent to a skill level employees are required to operate to that skill
level whenever there is a need. Multiskilling is a condition of employment.
8. Occupational Health
& Safety
The Company and Employees are required to adhere to the
requirements of the Occupational Health
and Safety Act 1983 at all times.
9. Continuity of
Production and Procedure for Resolving Issues and Differences
9.1 Procedure for
Resolving Disputes
9.2
(a) Intent
This procedure provides a series of steps whereby the
parties in dispute engage in discussion and problem solving with a view to
settling conflict by negotiation.
Work will continue normally and without interruption to
the clients (BHP) operations whilst the procedures are exercised so as to
ensure employees do not lose income and the Company does not lose production,
or cause any disruption to BHP operations.
9.3
(a) Commencement
Once a dispute is identified, the pre-dispute
conditions will be maintained for the duration of the dispute settling
procedure unless some other condition is necessary to safeguard the plant and
equipment, in which case, the Manager or Superintendent will communicate his
reasons to the person representing the personnel involved. Such a decision will
be without prejudice to any final solution reached.
(b) Responsibilities
Union Representatives accept their obligation to ensure
work continues during the dispute settling procedure.
(c) Procedure
Step 1
The details of the dispute or claim will be presented
to the Shift Production Coordinator in line with Company Policies and
Procedures.
If the Shift Production Coordinator immediate response
is unacceptable to the aggrieved person or if there is a need to further
investigate the situation or to refer it to a senior officer, then an Incident
Notification Report will be prepared which will include the employee’s version
of the dispute.
It will be the Line Manager’s obligation to provide a
response to the issue as soon as possible. If a response is not given at the
end of the Shift Production Coordinator’s next ordinary shift, then he will
give a progress report which will include an undertaking as to the time by
which a response will be given.
Step 2
If the response provided by way of the Incident
Notification Report is not acceptable to the aggrieved person and/or union
representative they may seek discussion with the General Manager, with the aim
of resolving the dispute to the satisfaction of all parties. This will be done
by discussion or a series of discussions where the Union and management
representatives can review all of the circumstances. Committee.
Step 3
If resolution cannot be reached, then either part will
refer the matter to the Industrial Relation Commission of NSW for assistance in
resolving the matter.
10. Essential
Services Dispensation
The intent of the essential services dispensation is that
should employees feel that industrial action is a necessary means of resolving
a dispute with the Company that this action should not cause physical damage to
the customers plant and equipment, place his employees in danger or seriously
damage the reputation of MetServ and its workforce.
In the event that there is a stoppage of work by employees
the union and its members will agree to perform essential services that do not
affect the Operations of BHP Steel nor affect the environmental licences held
by the Company.
The Productivity Payment of 2.5% (Clause 4.5.2(i)) will
still be made should employees adhere to Clause 9 "Continuity of
Production and Procedure for Resolving Issues and Differences". If
external factors such as statewide stoppages and/or blockades or picketing of
the site impede the adherence to the Dispute Settling procedures of Clause 9;
then provided essential services are maintained, this Productivity payment will
continue.
11. Site Employee
Representative
11.1 Right of Entry
Officers of the Union will have the right to visit and
interview its members on the site at meal times, and other times arranged with
the employer that do not interrupt the operations of the Company.
11.2 Union Delegates
An employee appointed as a delegate shall upon
notification by the union to the employer and employer site representative, be
recognised as the accredited representative of the union to which he belongs
and shall be allowed all necessary and reasonable time during working hours to
submit to their employer matters affecting the employees they represent on all
occasions.
A delegate shall on request be allowed reasonable time
during working hours to attend to job matters affecting the union.
A delegate shall be committed to following the dispute
resolving procedure under Clause 9 of this Award and shall remind the employees
they represent to do so.
11.3 Participation
and Communication
The Parties recognise the importance of the involvement
and participation of employees in the areas of business which affect them and the
need to ensure that communication paths of relevant information from management
to employees and union, and from employees and union to management are
maintained, to this end the consultative committee of employees and management
has been established.
12. No Extra Claims
The Union undertakes not to pursue any extra claims, award
or over-award including State Wages Case Decision increases during the period
of operation of this award.
Appendix 1
Offer Of Employment
To: ...............................
We refer to your recent application for employment with
MetServ Australasia Pty Ltd wish to advise you that your application has been
successful for the position of: ................................
Your employment will be on a Casual / Fixed Term of …. weeks
/ Part Time /Full Time basis
(Delete as appropriate)
MetServ Australasia Pty Ltd (The Company) offers you this
employment at its Port Kembla Site on the basis set out in this Agreement. If
you wish to accept this offer please sign a copy of this letter and return it
to the Manager.
MetServ Australasia is a business involved in recycling of
waste products from the Steelmaking process.
The operation depends upon employees working as part of the
MetServ team to provide the service our customers demand.
The matters listed below are some of the important things
which it is expected employees understand and comply with so that this
operation can be a success and grow.
MetServ and its management look forward to a satisfying employment
relationship with all its employees.
I agree -
1. To abide by
terms and conditions of the MetServ Australasia Pty Ltd Briquetting Plant
Industrial Relations Award.
2. To obtain and
provide of relevant License and/or Skills Certificate for this function prior
to commencement of duties.
3. That my
employment in the first instance is on probation for a period of three months
during which time I can terminate my employment on one weeks notice to the
Company or the Company can terminate my employment on one weeks notice.
4. To work in
accordance with flexible work practices, including the performance of any work
which I am competent to perform, as required by the Company.
5. To work
reasonable overtime to meet the Company’s requirement.
6. Not to absent
myself from work without proper justification and to accept that the Company
will strictly enforce the provisions covering absence, including abandonment of
employment, particularly as regards notice and substantiation.
7. To abide by
the Company’s safety rules including the requirements as to the wearing of
safety equipment, clothing and footwear.
8. To carry out
all reasonable instruction of the Company.
9. To employment
on a shift basis if required.
10. To undergo a
prior medical examination, the result of which must be satisfactory for the
position offered.
11. To accept
payment of wages and other monetary entitlements by way of approved electronic
funds transfer (EFT). Any Bank- Illawarra Credit Union, City Coast Credit Union
- Illawarra Mutual Building Society (IMB).
12. To abide by
rules relating to smoking at the workplace as determined by the Company, which
includes no smoking in the lunchroom.
13. To not report
for work under the influence of alcohol or drugs and to not consume alcohol or
to use prohibited drugs whilst at work.
14. To attend all
instruction and training courses as reasonably required by the Company.
15. To comply with
the Harsco Code of Conduct at all times.
I have answered entirely truthfully in respect of all
questions answered by me either orally during my job interviews or in writing
on the application for employment form and health questionnaire form.
I have read and understood this employment agreement and
acknowledge that if I fail to comply with it, or any part of it, I render
myself liable to disciplinary action or summary dismissal.
.......................................
Employee’s Signature
Date: ......../......../......…
...................................…
Witness (Company Officer)
Should you have any further questions concerning this
employment or cannot commence duties on the day previously discussed, please
contact the undersigned.
Yours sincerely
METSERV AUSTRALASIA PTY LTD
Appendix 2
Rates Of Pay
Classification
|
Pay Period
|
|
$
|
Production Employee Entry Level
|
682.61
|
Production Employee Grade 1
|
752.80
|
Production Employee Grade 2
|
814.24
|
The annual increases will be whatever rate increases
are negotiated by BHP Steel Port Kembla for the period of the agreement to be
paid consistent with the timing determined in the NSW MetServ Pty Ltd
Industrial Relations Award.
Appendix 3 - Pay Allowances
Tool Allowance (per 38 hour week)
|
|
|
|
Tool Allowance
|
$10.20
|
P. J. CONNOR, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.