READYMIX HOLDINGS LIMITED AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Readymix
Holdings Pty Limited for a new award.
(No. IRC 2698 of 2003)
|
Before Commissioner
Connor
|
18 June 2003
|
AWARD
Clause No. Subject Matter
Arrangement
1. Title of Award
2. Application
3. Parties to the Award
4. Relationship to Parent Awards
5. Term of Award
6. No Extra Claims
7. Review of Award
8. Aims and Objectives f the Award
9. Communication
10. Hours of Work, Shifts and Rosters
11. Alteration of Shift Starting Times and
Spans
12. Electronic Funds Transfer
13. Flexibility of Meal Breaks
14. Extraordinary/Excessive Overtime
15. Annualised Salaries and Salary
Adjustments
16. Team Structure
17. Fitness for Work
18. Safety Health and Environment (SHE)
19. Performance Bonus
20. Skills Training
21. Casual Employees
22. Multiple Load Allocation
23. Sick Leave
24. Personal/Carer's Leave
25. Bereavement Leave
26. Annual Leave
27. Long Service Leave
28. Amenities
29. Uniforms and Protective Clothing
30. Termination of Employment
31. Unauthorised Persons Riding on Vehicles
32. Tools and Apparatus
33. Union Delegate
34. Notice Board
35. First-Aid
36. Jury Service
37. Duties of Drivers
38. Disputes Procedure
39. Redundancy
40. Superannuation
41. Anti-Discrimination
42. Rescission of Award
43. No Duress
44. Leave Reserved
1. Title of Award
This award shall be known as the Readymix Holdings Limited
Award 2003.
2.
Application
This Award shall apply at the Penrith Quarry, Sheens Lane,
Castlereagh, New South Wales, raw material yard operated by Readymix Holdings
Pty Limited ("Readymix"), in respect of employees in the occupation
of driving.
3.
Parties to the Award
This Award binds:
3.1 Readymix;
3.2 The Transport
Workers’ Union of Australia, New South Wales Branch ("Union"); and
3.3 All transport
employees of Readymix covered by this Award.
4.
Relationship to Parent Awards
4.1 This Award
shall apply to the exclusion of the following Awards in their entirety:
(1) Transport
Industry - Quarried Materials (State) Award published 24 August 2001 (327 I.G.
39);
(2) CSR Limited
trading as The Readymix Group - Sydney Construction Products Raw Materials Transport
Enterprise Bargaining Framework (State) Award 1994 published 17 March 1995 (284
I.G. 796);
(3) CSR Limited
trading as The Readymix Group Sydney Raw Materials Transport (State) Award No.
4 2000 published 18 May 2000 (324 I.G. 1048).
4.2 In the event
that this Award is rescinded pursuant to clause 42, Rescission:
(1) the CSR Ltd
trading as The Readymix Group Sydney Raw Materials Transport (State) Award No.
4 2000 shall apply; and
(2) the
productivity, efficiency and procedural (including yard rules) measures
contained in the CSR Ltd trading as The Readymix Group - Sydney Construction
Products Raw Materials Transport Enterprise Bargaining Framework (State) Award
1994 shall continue to be observed by the parties to this Award.
5.
Term of Award
This Award shall come into operation on and from the first
full pay period to commence on or after the 18 June 2003 and shall have a
nominal term of 36 months.
6.
No Extra Claims
Except for general movements in award wages granted by the
Commission via State Wage Cases that are not subject to absorption, there shall
be no further claims for wage increases or any other term or condition of
employment during the term of this Award.
7.
Review of Award
The parties agree to review this Award no later than three
months prior to its expiry. 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.
8.
Aims and Objectives of the Award
8.1 The parties recognise,
understand, agree and are committed to the following objectives:
(1) improve the
productivity, flexibility, safety and efficiency of work practices within
Readymix’s operations in order to improve competitiveness and meet and exceed
the customer’s expectations;
(2) provide and
undertake training activities relevant to the work, so as to improve and
maintain a high level of driver competency, quality and safety;
(3) promote secure
and fulfilling employment for Readymix employees covered by this Award through
achieving these objectives; and
(4) maximise
utilisation of Readymix’s Fleet vehicles, in accordance with the operational
needs of the business.
8.2 The parties
recognise, understand and agree that the terms of this Award represent and provide
just and equitable terms and conditions of employment, including income.
9. Communication
All employees the subject of this Award shall attend a
communication session on the contents and requirements of this Award.
10.
Hours of Work, Shifts and Rosters
10.1
(1) Employees
employed on day shift shall work on a six-week rotating roster based on five
working days per week over Monday to Saturday inclusive with two Saturdays off
per roster cycle of six weeks.
(2) Employees
employed on night shift shall work five nights per week over Monday to Friday
inclusive, excluding scheduled rostered days off for the New South Wales
building and construction industry.
10.2
(1) Each day shift
shall be 10.5 hours Monday to Friday and 8 hours for Saturday. The employees
will make themselves available for 1 hour at overtime rates should Readymix
have work available for a Monday to Friday shift. If Readymix does not have
work available, overtime will not be payable.
(2) Each night shift
shall be 10.5 hours Monday to Friday. The employees will make themselves
available for 1 hour at overtime rates should Readymix have work available for
a Monday to Friday shift. If Readymix does not have work available, overtime
will not be payable.
10.3
(1) Unless
otherwise altered in accordance with clause 11, Alteration of Shift Starting
Times and Spans, day shifts shall commence between the hours of 5.00 a.m. and
6.30 a.m. Monday to Friday. The Saturday shift shall commence at 5.00am.
(2) Unless
otherwise altered in accordance with clause 11, Alteration of Shift Starting
Times and Spans, night shift shall commence between the hours of 5.00 pm and
6.30 pm so that the start and finish times operationally support the finish of
day shift.
10.5 Where an
employee is rostered off shift on a recognised public holiday (other than a
Sunday), such employees shall have an
additional day added to their annual leave entitlement.
11.
Alteration of Shift Starting Times and Spans
Readymix may alter shift starting times and/or spans
provided that employees are given a minimum of 7 days notice of such
alterations, unless a shorter notice period is agreed between Readymix and the
majority of employees concerned.
12.
Electronic Funds Transfer
Payment of wages/salary shall be paid weekly by electronic
funds transfer into an account(s) nominated by the employee.
13.
Flexibility of Meal Breaks
13.1 Employees shall
be entitled to two meal breaks of no more than 30 minutes each (the first of
which shall be paid) for each shift of in excess of 9.5 hours actually worked.
13.2 Unless
otherwise instructed, by allocation the first meal break shall be taken after
two loads have been completed, provided that at least 4 hours have been worked
from the commencement of the shift. The
subsequent meal break shall be taken at a time convenient to the efficient
operation of the business.
13.3 Regardless of
the provisions of this clause, legal driving rules and regulations shall be
maintained at all times.
14.
Extraordinary/Excessive Overtime
All hours worked in excess of ordinary work hours will be
paid as overtime at the flat rate of $33.70 per hour. Twelve months after the
commencement date in clause 5, the flat rate shall be $35.04 per hour. Twenty four months after the commencement
date in clause 5, the flat rate shall be $36.45 per hour.
15.
Annualised Salaries and Salary Adjustments
15.1 All employees
covered by this Award shall be remunerated by way of annualised salary inclusive
of overtime and all allowances, except when such overtime and allowances are
expressly prescribed in this Award.
15.2 From the first
full pay period to commence on or after the date of registration of this Award,
the salary shall be $54,263 per annum.
15.3 From the first
full pay period to commence on or after the date 12 months after the
commencement date in clause 5, the salary shall be $56,433 per annum.
15.4 From the first
full pay period to commence on or after the date 24 months after the
commencement date in clause 5, the salary shall be $58, 691 per annum.
15.5 An employee
covered by this Award will be paid:
(1) an allowance
of $7.53 for any one day the employee is required to operate a super dog
vehicle with a 48 Tonne Aggregate mass; and
(2) provided the
employee is eligible to receive the allowance in clause 15.5(a), a further
allowance of $3.77, for every tow (2) tonnes or part thereof in addition to an
aggregate mass of 48 Tonne.
15.6 From the first
full pay period to commence on or after the date 12 months after the
commencement date in clause 5:
(1) the allowance
in 15.5(1) shall be $7.83; and
(2) the allowance
in 15.5(2) shall be $3.92.
15.7 From the first
full pay period to commence on or after the date 24 months after the
commencement date in clause 5:
(1) the allowance
in 15.5(1) shall be $8.14; and
(2) the allowance
in 15.5(2) shall be $4.07.
15.8 These
allowances are regarded to be work related allowances.
15.9 Where Readymix operates
an afternoon or night shift roster, the following shift rates will apply:
(1) for work on a
permanent afternoon shift, a shift penalty of 17.5% of the ordinary rate of pay
for all hours worked on the shift will apply in addition to the ordinary rate
of pay;
(2) for work on an
afternoon shift that rotates with a day or night shift, a shift penalty of 15%
of the ordinary rate of pay for all hours worked on the shift will apply in
addition to the ordinary rate of pay;
(3) for work on a
permanent night shift, a shift penalty of 30% of the ordinary rate of for all
hours worked on the shift will apply in addition to the ordinary rate of pay;
and
(4) for work on a
night shift that rotates with a day or afternoon shift, a shift penalty of 20%
of the ordinary rate of pay for all hours worked on the shift will apply in
addition to the ordinary rate of pay.
16.
Team Structure
16.1 The yard shall
consist of six teams in the case of day shift operations, and one team for
night shift. Each team shall have a
leader elected by the drivers in that team.
16.2 Team Leaders
shall discuss with management day-to-day issues involving members of their
team, eg, rosters, sick leave, performance, etc.
17.
Fitness for Work
The parties recognise the importance of the provisions of
Section 31 of Part 3, Division 2 of the Mines Inspection General Rule 2000, in
force under the Mines Inspection Act
1901, and are committed to the development and implementation of practical
solutions to meet these obligations.
18.
Safety Health and Environment (SHE)
18.1 Employees
recognise their responsibility for improving workplace safety, health and
environment ("SHE") and commit to:
(1) knowing and
following the SHE requirements related to the job and workplace;
(2) constantly
reviewing the workplace for hazards and initiating appropriate corrective
actions or reporting the hazard to the supervisor or manager;
(3) reporting to
work fit for duty; and
(4) reporting all
improper SHE practices observed at the workplace to the supervisor or manager.
19.
Performance Bonus
19.1 In addition to
annualised salary payments set out in this Award, employees will receive the
following additional annual bonus payments (expressed as a percentage of the
annualised salary) provided that the criteria set out in this clause are met.
(1) 1% per annum
should the employee have no reportable injuries during the 12 month period;
(2) 1% per annum
should the employee have no at fault motor vehicle accidents during the 12
month period; and
(3) 1% per annum
should during the 12 month period the employee’s allocated vehicle achieve a
10% improvement on the previous 12 month period’s Earnings Before Income and
Tax (EBIT). EBIT figures will be
available to employees in respect of their allocated vehicle at any time upon
request.
19.2 The performance
bonus under 19.1(2) will only be payable where the employee also achieves the
performance bonus under 19.1(1).
The performance bonus under 19.1(3) will only be
payable where the employee also achieves the performance bonuses under both
19.1(1) and 19.1(2).
19.3 The performance
bonuses under this clause are not cumulative and are calculated on base salary
exclusive of overtime and allowances.
19.4 Any bonus will
be paid as a lump sum on the anniversary of the commencement date/s of this
Award.
19.5 The 12 month
periods to be measured for the purposes of this clause will be taken from the
date of commencement of this Award (and the anniversary of such date
thereafter).
20.
Skills Training
20.1 The parties to
this award recognise that in order to increase the competency, efficiency,
productivity and competitiveness of Drivers, a commitment to training and skill
developments is required. Accordingly,
employees shall undertake training as required by Readymix.
20.2 In relation to
any occupational health and safety (‘OHS’) matters, employees shall undertake
training as required by Readymix. This will include, but is in no way limited,
to providing OHS Committee Training to OHS Committee Members within 3 months of
an employees’ appointment as a member of the OHS Committee, subject to the
availability of an appropriate training course.
20.3 Where leave is
expressly authorised by Readymix in advance, union delegates may attend up to a
total of two (2) days trade union training each year, without loss of ordinary
salary. If additional trade union
training leave is sought, Readymix will reasonably consider it. Approval for
trade union training leave will be subject to the operational needs of the
business at the time, and shall not be unreasonably withheld.
20.4 Readymix will
provide Induction Training in accordance with the relevant site Induction
Procedure for all new employees covered by this Award.
20.5 Readymix may
provide employment relations training where Readymix considers it appropriate.
21.
Casual Employees
21.1 Casuals shall
be paid a flat hourly rate (inclusive of all penalties and loadings) of $21.84
for all hours worked Monday to Friday and $32.25 for all hours worked on
Saturday.
21.2 Twelve months
after the commencement date in clause 5, the flat rate shall be $22.71 per hour
for all hours worked Mon to Friday and $33.53 per hour for Saturdays.
21.3 Twenty four
months after the commencement date in clause 5, the flat rate shall be $23.62
per hour for all hours worked Mon to Friday and $34.87 per hour Saturdays.
21.4 Irrespective of
hours worked, any casual employee engaged shall be paid for a minimum of four
hours worked for each start.
21.5 A casual driver
shall be eligible to receive the allowances set out in clause 15.5.
22.
Multiple Load Allocation
The parties to this Award accept that multiple load
allocations may assist customer service and truck utilisation and therefore
will be an integral part of our distribution system.
23. Sick Leave
23.1 An employee
(other than a casual employee), with not less than three months continuous
service as such in the industry covered by this Award, who is absent from work
by reason of personal illness or injury not being illness or injury arising
from the employee's misconduct or from any injury arising out of or in the
course of employment, shall be entitled to leave of absence, subject to the
following conditions and limitations:
(1) the employee
shall, unless it is not reasonably practicable so to do (proof whereof shall be
on the employee), before his/her ordinary starting time on the first day of
his/her absence, and in any event within 24 hours, inform Readymix of the
inability to attend for duty and, as far as practicable, state the nature of
the illness and the estimated duration of the absence;
(2) the employee
shall furnish to Readymix such evidence as Readymix may reasonably desire that
he/she was unable, by reason of such illness or injury, to attend for duty on
the day or days for which sick leave is claimed;
(3) except as
hereinafter provided, he/she shall not be entitled in any year (as defined) to
leave in excess of five (5), eight (8)
hour days at ordinary time rates of pay.
Provided that:
(a) if the
employment continues with Readymix beyond the first year, the sick leave
entitlement in the second and each subsequent year of continued employment
increases to a maximum of eight (8), eight (8) hour days at ordinary time rates
of pay. For each full day of sick
leave, this equates to $170.08. Twelve
months after the commencement date in clause 5, the flat rate shall be
$176.88. Twenty four months after the
commencement date in clause 5, the flat rate shall be $183.96;
(b) if an employee
works part of a day, and then leaves work due to an illness or sickness, the employee
will be entitled to sick leave calculated as a proportion of the 8 hour sick
leave day. The employee will receive full pay for all time worked before
leaving work due to illness or sickness; and
(c) if the
employment of an employee who has become entitled to leave in accordance with
23.1(3)(a) is terminated for any reason, he/she shall not be entitled to leave
in excess of five (5), eight (8) hour days of ordinary time for that year.
23.2 For the purpose
of administering 23.1(3), within two weeks of an employee commencing
employment, Readymix may require an employee to make a statutory declaration or
other written statement as to what paid leave of absence he/she has had from
any employer during the then current year and upon such statement Readymix
shall be entitled to rely and to act.
23.3 The rights
under this clause shall accumulate from year to year, so long as his/her
employment continues with the one employer, so that any part of the leave
entitlement which has not been allowed in any one year may be claimed by the
employee and shall be allowed by that employer, subject to the conditions
prescribed by this clause, in a subsequent year of continued employment.
23.4 If an Award
holiday occurs during an employee's absence on sick leave then such Award
holiday shall not be counted as sick leave.
23.5 Service before
the date of coming into force of this clause shall be counted as service for
the purpose of assessing the sick leave entitlement in any year under 23.1(3), but
shall not be taken into consideration in arriving at the period of accumulated
leave.
23.6 "Year"
shall mean a period of twelve months measured for each employee from the date
of commencement of his/her current period of employment.
24.
Personal/Carer's Leave
24.1 Use of Sick
Leave
(1) An employee
(other than a casual employee), with responsibilities in relation to a class of
person set out in 24.1(3) 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 at clause 23, 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.
(2) The employee
is required to establish, by production of a medical certificate, 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.
(3) The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care and support of the person concerned; and
(b) the person
concerned being:
(i) a spouse of
the employee; or
(ii) 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
(iii) 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
(A) "relative"
means a person related by blood, marriage or affinity;
(B) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(C) "household"
means a family group living in the same domestic dwelling.
(D) An employee
shall, wherever practicable, give Readymix notice, prior to the absence, of the
intention to take leave, the name of the person requiring care and their
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 Readymix by telephone of
such absence at the first opportunity on the day of absence.
24.2 Unpaid Leave
for Family Purpose
An employee may elect, with the consent of Readymix, to
take unpaid leave for the purpose of providing care and support to a member of
a class of person set out in 24.1(3)(b) above who is ill.
24.3 Annual Leave
(1) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944 (NSW) (as amended), 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.
(2) Access to
annual leave, as prescribed in 24.3(1), shall be exclusive of any shutdown
period provided for elsewhere under this Award.
(3) 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.
25.
Bereavement Leave
25.1 An employee
other than a casual employee shall be entitled to up to two (2) days
bereavement leave without deduction of pay on each occasion of the death of a
person prescribed in 25.3 below.
25.2 The employee
must notify Readymix as soon as practicable of the intention to take
bereavement leave and will, if required by Readymix, provide to the
satisfaction of Readymix proof of death.
25.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in 24.1(3)(b), provided
that for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
25.4 An employee is
not entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
25.5 Bereavement leave
may be taken in conjunction with other leave available under 24.2, and
24.3. In determining such a request
Readymix will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
26.
Annual Leave
26.1 See Annual Holidays Act 1944 (NSW) (as
amended).
26.2 Without
limiting the generality of 26.1 and the requirements of Readymix to provide an
employee with at least one (1) month’s notice of the date from which that
employee is required by Readymix to commence a period of annual leave, it is
envisaged that employees employed on night shift will be directed to take
annual leave in December and/or January of each year.
26.3 An employee at
the time of entering upon a period of annual leave in accordance with the said
Act shall be entitled to an additional payment of 25 per cent of moneys payable
(up to a maximum of $1,353 per 20 leave days) to the employee for the period of
annual leave, to be paid in December each year.
27.
Long Service Leave
27.1 See Long Service Leave Act 1955 (NSW).
27.2 An entitlement
to long service leave shall accrue after seven (7) years of continuous service.
Payment of long service leave shall only occur after ten years unless the
contract of employment is terminated by either party. This subclause does not
apply in cases of gross misconduct.
28.
Amenities
28.1 The following
facilities shall be available at the depot or any other place where employees
are engaged under the provisions of this Award:
(1) proper dressing
rooms with adequate washing facilities, including showers with both hot and
cold water;
(2) proper lock-up
clothing lockers;
(3) where
employees are required to take their meals at Readymix’s yard, depot or garage,
a designated dining room will be provided by Readymix with adequate seating and
table accommodation for the partaking of meals; also facilities for boiling
water, drinking water and heating food; and
(4) Proper
lavatory facilities.
28.2 Employees shall
place all personal belongings in the lockers provided.
29.
Uniforms and Protective Clothing
29.1 Where Readymix
requires an employee to wear a uniform(s), the same shall be provided by
Readymix to the employee free of cost.
29.2 When requested
by the employee, Readymix shall provide rubber gloves, gum boots and waterproof
coat or apron, free of cost, for the use at work by an employee required to
wash a vehicle.
29.3 Wet weather
clothing consisting of waterproof hat, coat and trousers shall be provided for
employees required to work in the rain.
29.4 The clothing
provided in accordance with this clause shall be renewed when reasonably
necessary. It shall only be worn when
the employee is engaged on work Readymix and shall remain the property of Readymix
and shall be on demand in a condition commensurate with normal wear and
tear. An employee may be required by
Readymix employer to sign a receipt for such clothing upon issue.
29.5 All uniforms
and personal protective equipment issued shall be worn as directed by Readymix.
Readymix may stand an employee down from part of a shift, a shift or shifts
without pay where the employee refuses to co-operate or does not comply with
Readymix directions regarding uniforms and personal protective equipment provided
by Readymix, until such time as the employee reports for work with all relevant
uniforms and personal protective equipment.
30.
Termination of Employment
30.1 The employment
of a weekly or part-time employee may be terminated only by the relevant notice
period contained in the Workplace
Relations Act 1996 (Cth). This
shall not affect the right of Readymix to dismiss an employee without notice in
the case of misconduct.
30.2 Probation
period
(1) The employment
of a new permanent employee covered by this Award will be subject to the
satisfactory completion of a three (3) month probationary period. The probation
period shall begin on the employee’s first day of work.
(2) The probation
period may be shortened by agreement at any time.
(3) Where the employee
is absent from work during any part of the probation period, the Company may at
its discretion extend the probation period, by up to and no more than the
length of the employee’s absence. Prior to the end of the original probation
period, the employee shall be advised in writing of any such decision to extend
the probation period.
(4) The company
may terminate the employment of an employee during this period by giving the
employee one (1) week’s notice or payment in lieu. This does not diminish the right
of the Company to terminate an employee’s employment for serious misconduct.
30.3 An employee
with more than two months' service on leaving or being discharged shall, upon
request, be given a certificate of service in writing. Such certificate of service shall at least
contain information as to the length and nature of the employment of the
employee.
31.
Unauthorised Persons Riding on Vehicles
An employee shall not permit any unauthorised person to
accompany him/her in his/her vehicle or assist him/her in the delivery of
material.
32.
Tools and Apparatus
Readymix will provide and maintain all necessary tools and
equipment.
33.
Union Delegate
33.1 An employee
appointed as union delegate to the yard, depot, or garage shall, upon
notification thereof to Readymix by the branch or sub-branch Secretary of the
union, be recognised as the accredited representative of the union.
33.2 Any matter
arising in the yard, depot or garage affecting members of the union may be
investigated by the delegate and discussed with Readymix or his/her
representative. The delegate shall, at his/her request, be allowed a reasonable
opportunity to carry out such duties at a time reasonably convenient to
himself/herself and Readymix but subject to operational and customer needs at
such times.
33.3 If a matter of
dispute is not settled the delegate shall, on request, be allowed access to a
telephone for a reasonable opportunity of notifying the union branch or
sub-branch concerned.
34.
Notice Board
Readymix will supply a notice board of reasonable dimensions
to be erected or to be placed in a prominent position in his/her yard, depot or
garage upon which accredited representatives of the union shall be permitted to
post formal union notices signed by the representative or representatives.
35.
First-Aid
Readymix will provide first-aid facilities at each
establishment, yard or depot as required by the appropriate legislation.
36.
Jury Service
36.1 An Employee Required
to Attend for Jury Service During His/Her Ordinary Hours Shall be Reimbursed By
Readymix an Amount Equal to the Difference Between the Amount Paid in Respect
of the Attendance for Jury Service and the Amount of Wage He/She Would Have
Received in Respect of the Ordinary Time He/She Would Have Worked Had He/She
Had Not Been on Jury Service.
36.2 An employee
shall notify Readymix as soon as possible of the date upon which he/she is
required to attend for jury service.
Further, the employee shall give Readymix proof of his/her attendance,
the duration of such attendance and the amount received in respect of such jury
service.
37.
Duties of Drivers
37.1 Where required
by Readymix, drivers' duties shall include minor repairs such as changing
tail-lights and each driver shall be ready, willing and able to perform similar
non-specialist vehicle maintenance tasks such as pre-start checks.
37.2 Readymix may
direct an employee to:
(1) participate in
training activities: and/or
(2) carry out such
duties as are within an employee’s limits of skill, competence and training.
37.3 Training
activities initiated by Readymix will be at Readymix’s cost. Time spent by employees in such training
activities shall be regarded as a part of ordinary rostered hours.
38.
Disputes Procedure
38.1 Procedure
relating to grievances of individual employees:
(1) The employee
is required to notify (in writing or otherwise) Readymix as to the substance of
the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(2) A grievance
must initially be dealt with as close to it’s source as possible, with
graduated steps for further discussion and resolution at higher levels of
authority.
(3) Reasonable
time limits must be allowed for discussion at each level of authority.
(4) At the
conclusion of the discussion, Readymix must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(5) While a procedure
is being followed, normal work must be continued.
(6) The employee
may be represented by an industrial organisation of employees.
38.2 Procedures
relating to disputes, etc., between Readymix and employees:
(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.
(2) Reasonable
time limits must be allowed for discussion at each level of authority.
(3) While the
procedure is being followed, normal work must continue.
(4) The employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
39.
Redundancy
39.1 Employer’s Duty
to Notify
(1) Where the
employer has made a definite decision to introduce changes in production, programme, organisation, structure or
technology that are likely to have
significant effects on employees, the
employer shall notify the employees who may be affected by the proposed changes
and the union to which they belong.
(2) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of Readymix’s workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or location and the
restructuring of jobs.
39.2 Employer’s Duty
to Discuss Change
(1) Readymix shall
discuss with the employees affected and the union to which they belong, inter
alia, the introduction of the changes referred to in 39.1(1), the effects the
changes are likely to have on employees and measures to avert or mitigate the
adverse effects of such changes on employees, and shall give prompt
consideration to matters raised by the employees and/or the union in relation
to the changes.
(2) The
discussions shall commence as early as practicable after a definite decision
has been made by Readymix to make the changes referred to in 39.1(1).
(3) For the
purpose of such discussions, Readymix shall provide to the employees concerned
and the union to which they belong all relevant information about the changes proposed,
the expected effects of the changes on employees and any other matters likely
to affect employees. Provided that any
employer shall not be required to disclose confidential information, the
disclosure of which would adversely affect Readymix.
39.3 Discussions
Before Terminations
(1) Where an
employer has made a definite decision that Readymix no longer wishes the job
the employee has been doing to be done
by anyone pursuant to clause 39.1(1), and that decision may lead to the
termination of employment, the employer
shall hold discussions with the employees directly affected and with the union to which they belong.
(2) The
discussions shall take place as soon as is practicable after Readymix has made
a definite decision which will invoke clause 39.1(1) and shall cover, inter
alia, any reasons for the proposed
termination and measures to mitigate
any adverse effects of any termination on the employees concerned.
(3) For the
purpose of the discussions the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong all relevant
information about the proposed terminations, including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information, the disclosure of which would adversely affect
Readymix.
39.4 Notice for
Changes in Production, Programme, Organisation or Structure
(1) This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from "production", "programme",
"organisation" or
"structure" in accordance with clause 39.1(1). In order to
terminate the employment of an employee, Readymix shall give the following
notice:
|
Period
of Continuous Service
|
Period of Notice
|
|
|
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
More than 5 years
|
4 weeks
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years continuous service, shall be entitled
to an additional week's notice.
(3) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
39.5 Notice for
Technological Change
This subclause sets out the notice to be applied to
terminations by the employer for reasons arising from "technology" in
accordance with clause 39.1(1).
(1) In order to
terminate the employment of an employee Readymix shall give to the employee
three months notice of termination.
(2) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955 (NSW), the Annual
Holidays Act 1944 (NSW), or any Act amending or replacing either of these
Acts.
39.6 Time Off During
the Notice Period
(1) During the
period of notice of termination given by Readymix, an employee shall be allowed
up to one day's time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purpose of seeking other employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice period
for the purpose of seeking other employment, the employee shall, at the request
of Readymix, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
39.7 Employee
Leaving During the Notice Period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with Readymix until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
39.8 Statement of
Employment
Readymix shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work being performed by the employee.
39.9 Department of
Social Security Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by the
Department of Social Security.
39.10 Transfer to
Lower-paid duties
Where an employee is transferred to lower-paid duties
for reasons set out in clause 39.1(1), the employee shall be entitled to the
same period of notice of transfer as the employee would have been entitled to
if the employee's employment has been terminated, and Readymix may, at the
employer's option, make payment in lieu thereof of an amount equal to the
difference between the former ordinary-time rate of pay and the new
ordinary-time rates for the number of weeks of notice still owing.
39.11 Severance Payments
(1) In addition to
the giving of notice in accordance with this clause, Readymix will pay the
higher of the following options for severance pay to an employee whose
employment will be terminated as a result of redundancy:
(a) Two weeks’ pay
for each year of continuous service (pro rata) to a maximum of 52 weeks’ pay
(inclusive of notice of termination in accordance with this clause); or
(b) If the employee
is under 45 years of age:
|
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
|
Years of Service
|
45 Years of Age and
Over Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
40. Superannuation
40.1 The company shall
pay an amount equivalent to 12 % of an employees annualised salary as a
superannuation contribution.
40.2 The component
of the amount in clause 40.1 that exceeds the superannuation guarantee rate, or
a portion thereof (currently 3%) may be taken as an allowance payable into an
employees annualised salary or as superannuation contributions, at the
employee’s election.
40.3 The
superannuation contribution shall be paid into the CSR Staff Superannuation
Fund (SSF).
41.
Anti-Discrimination
41.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 (NSW) to prevent and eliminate discrimination in the
workplace. This includes discrimination
on the grounds of race, sex, marital status, disability, homosexuality,
transgender identity, age and responsibilities as a carer.
41.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
41.3 Under the Anti-Discrimination Act 1977 (NSW), it
is unlawful to victimise an employee because the employee has made or may make
or has been involved in a complaint of unlawful discrimination or harassment.
41.4 Nothing in this
clause is to be taken to affect:
(1) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(2) offering or providing
junior rates of pay to persons under 21 years of age;
(3) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977 (NSW); or
(4) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
41.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
42.
Rescission of Award
42.1 In the event
that the loads per truck per day is below an average of 3.65 loads per truck
per day for any six-month period (calculated as a moving 6-month average total)
during the life of this award, this award shall be rescinded upon application
to the Commission. For the purpose of
this clause, loads per truck per day is calculated as follows:
Total loads delivered divided by the number of work
days (per month including Saturdays), equals ‘loads per day’. ‘Loads per day’
divided by the average number of trucks actually used per work day per month
equals loads per truck per day.
42.2 No party to
this Award shall object to such application when made. No fault criteria or any
other argument is relevant to an application for award rescission.
43.
No Duress
No party has entered into this Award under duress.
44.
Leave Reserved
44.1 During the life
of this Award it is available to the parties to initiate discussions and seek
agreement with respect to the following:
(1) clause
39.11(1); and
(2) protection of
employment entitlements.
P. J. CONNOR, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.