BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1694)

SERIAL C2061

BCMG MINE LEASE 1496 (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Boral Construction Materials Group Limited.

(No. IRC 2141 of 2003)

Before Commissioner Ritchie

13 May 2003

AWARD

Arrangement

PART A

Clause No. Subject Matter

1. Anti Discrimination

2. Dictionary

3. Parties and Application

4. Contract of Employment

5. Consultation

6. Redundancy

7. Conflict Resolution

8. Classifications Etc

9. Competency Assessments

10. Mixed Functions

11. Additions to Wage

12. Leading Hands

13. Work Practices

14. Payment of Wages

15. Tools

16. First Aid

17. Travel, Board and Lodging

18. Hours of Work

19. Method of Working The 38 Hour Week

20. Meal Breaks

21. Rest Breaks

22. Holidays

23. Overtime

24. Annual Leave

25. Annual Leave Loading

26. Long Service Leave

27. Parental and Personal Carers Leave

28. Bereavement Leave

29. Jury Service

30. Sick Leave

31. Protective Clothing

32. Protective Equipment

33. Use of Car

34. Fares

35. Delegates

36. Counselling

37. Facilities

38. Timekeeping

39. Superannuation

40. Future Wage Adjustments

PART B

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

PART A

1. Anti Discrimination

1.1 Obligation

(a) 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 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.

(b) 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 that, by its terms or operation, has a direct or indirect discriminatory effect.

(c) Under the Anti-Discrimination Act 1977, 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.

(d) Nothing in this clause is to be taken to affect:

(i) any conduct or act which is specifically exempted from anti-discrimination legislation;

(ii) offering or providing junior rates of pay to persons under 21 years of age;

(iii) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(iv) a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

(e) 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.

NOTATION:

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

2. Dictionary

2.1 Definitions

In this award the following words in the left-hand column of the dictionary shall have the meaning given to them by the right hand column of the dictionary:

BCMG	Boral Construction Materials Group Limited;

You	a person employed by BCMG to work in any business operating on the mine;

Us	See "we";

Your	belonging to you

We	also “us” and “our” refers to you and to BCMG;

Start Date	the day when the Industrial Relations Commission of NSW makes this award;

Union	the Australian Workers’ Union; NSW;

Wife, Husband	shall include de facto wife or husband;

Father, mother	shall include foster-father or mother and stepfather or mother;

Afternoon Shift	means any shift finishing after 6.00pm and at or before midnight and shall receive a shift penalty of thirty three and one third percent;

Night Shift	means any shift finishing subsequent to midnight and at or before 8.00am and shall receive a shift penalty of thirty three and one third percent;

Weeks pay	means the ordinary time weekly rate of pay;

Significant effects	include termination of employment, major changes in the composition, operation or size of BCMG’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 you to other work or locations and the restructuring of jobs. (Provided that where the award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect);

Technological change notice	means 3 months notice of termination or payment in lieu of such notice;

BCMG Quarries	Boral Resources (NSW) Pty Limited quarries located at Emu Plains, Peat's Ridge and Prospect;

Mine	means Mining Lease 1496 as amended, or supplemented from time to time, located in Harden Shire;

Standard	National Competency Standard as contextual to the mine;

Medical certificate	documentation provided by a registered medical practitioner proving that you are incapable of attending work due to a medically diagnosed condition;

Act	the Industrial Relations Act 1996;

Appropriate action	in clause 36 includes training, further review, warning (verbal or written) or dismissal from employment;

Federal Act	the Workplace Relations Act 1996;

Attending to	includes but is not limited to monitoring, inspection and basic operation of fixed plant items;

Maintaining	includes but is not limited to cleaning up, adjustments and re-tensioning, using selected hand tools and simple butt and spot welding and oxy-acetylene cutting;

Servicing	includes but is not limited to greasing, changing oil, adjusting pressures, changing filters, changing tyres;

Routine mechanical repairs	includes but is not limited to replacement of V-belts, conveyor idlers, crusher manganese, screen cloths, pump impellors and liners and pipe sections;

Simple processing plant	means a fixed or portable processing plant operated by an operator who is required to monitor and control the complete plant's operation by the means of remote indicators and automatic and/or semi-automatic controls; and

Sophisticated, computerised processing plant	means a sophisticated, computer managed processing plant containing a sophisticated computer system that controls most of the operation of the plant. The operator is required to control, adjust and monitor the operation of the plant using the computer system and to troubleshoot production problems by utilising the computer's capabilities.

3. Parties and Application

3.1 Application

This award shall apply to and is binding on you, BCMG and the Union.

3.2 Commencement and Nominal Term

This award shall take effect from the beginning of the first pay period to commence on or after 13 May 2003 and shall have a nominal term of twelve months.

4. Contract of Employment

4.1 Full Time Employment

Subject to this clause you will be employed as a full time employee.

4.2 Probation

From your commencement date you will be employed on probation for a period of three months.

4.3 Resignation

You may terminate your employment by giving BCMG one-week’s notice or by paying to BCMG an amount of money equivalent to one week's pay.

4.4 BCMG Termination Option

Except when terminating your employment for reasons of technology related redundancy, for which technological change notice applies, if BCMG terminates your employment, they must give you notice in accordance with section 170CM of the Federal Act.

4.5 Part Time Employment

Where agreed you may be employed as a part-time employee and:

(a) you will be paid per hour one thirty eighth of a week’s pay for the level you have been accredited to for the hours you work;

(b) you will be entitled to payments in respect of annual leave, public holidays and sick leave on a proportionate basis;

(c) you will work a constant number of ordinary hours which shall average less than thirty-eight but not less than sixteen hours per week;

(d) you will be paid overtime rates if you commence work prior to your usual starting time or finish work after your usual ceasing time;

(e) you and all other part time employees in the mine cannot exceed 20% of all of BCMG’s employees in the mine unless the consultative committee agree; and

(f) before being so employed BCMG must have consulted with the consultative committee about your employment.

4.6 Casual Employment

Where agreed you may be engaged as a casual and:

(a) you will be paid per hour one-thirty-eighth of a week’s pay for the work which you perform plus 15 percent at the rate set out in Table 1 for the classification you are classified in;

(b) you must not be employed as such for more than ninety consecutive days;

(c) the following clauses of this award shall not apply to you, 4.1, 4.2, 4.3, 4.4, 4.5, 6, 10, 11, 22.1, 22.2, 25, 27, 28, 29, 30 and 38; and

(d) You or BCMG may terminate your engagement by one days notice or payment in lieu.

Notation: casuals also receive one-twelfth of their ordinary earnings in lieu of annual leave.

4.7 Change In The Nature Of Your Contract Of Employment

To avoid doubt, the nature of your contract of employment; full time, part-time, casual, may only be changed if you genuinely agree.

5. Consultation

5.1 The Committee

We must each do all that is reasonably needed to form, maintain and operate a consultative committee comprising BCMG representatives and your representatives.

5.2 Sub-Committees

The consultative committee may form (and dissolve) a sub-committee to deal with a stated issue or issues and may act through that sub-committee.

5.3 Proceedings

All procedures of the consultative committee are to be determined by the consultative committee. All procedures of any sub-committee of a consultative committee are to be determined by the consultative committee, and to the extent that the consultative committee does not determine them, by the sub-committee itself.

5.4 Functions

BCMG must use its best efforts to ensure that the BCMG representatives, and you must use your best efforts to ensure that your representatives, each do whatever is necessary to ensure that the consultative committee performs the functions set out in this award, and performs those functions properly and speedily.

5.5 Powers

The consultative committee and any sub-committee are empowered to discuss, debate and make recommendations on any subject matter referred to it by you or BCMG. To avoid any doubt, subject to any express provision of this award, BCMG can decide to accept or reject any such recommendation.

6. Redundancy

Notwithstanding anything contained elsewhere in this award, this provision shall not apply in the case of casual employees.

6.1 Preservation of Employment

Where practicable and having regard to the needs of the mine, we:

(a) will co-operate to preserve existing employment and enhance future employment opportunities generally; and

(b) recognise that this is best achieved when we co-operate to ensure that what can be done is done, to produce sustainable improvements in the competitive performance of the mine.

6.2 Selection

When redundancies are to occur, BCMG will:

(a) call for volunteers; and

(b) accept volunteers unless to do so will leave the mine without the necessary skills to operate satisfactorily, then

if there are insufficient volunteers those to be made redundant will be selected by BCMG by reference to their:

(d) experience;

(e) training; and

(f) performance.

And:

having undertaken such an assessment, if it is necessary to make redundant individuals that are comparatively equal in terms of the assessment [unless some other pressing domestic issue is raised by the individuals concerned] if you have the shortest period of service you will be retrenched first.

6.3 Introduction of Change

Where BCMG has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on you, BCMG shall consult with the consultative committee about the changes and discuss the introduction of the changes, the effects the changes are likely to have on you, measures to avert or mitigate the adverse affects of such changes on you and shall give prompt consideration to matters raised by you before any redundancies are affected.

6.4 Redundancy Pay

If, following a decision made by BCMG in accordance with subclause 6.3 BCMG decides that your position in the mine is redundant then BCMG must pay you:

(a) If you are under 45 years of age

Less than 1 year’s service	Nil,
1 year and less than 2 years	4 weeks’ pay
2 years and less than 3 years	7 weeks’ pay
3 years and less than 4 years	10 weeks’ pay
4 years and less than 5 years	12 weeks’ pay
5 years and less than 6 years	14 weeks’ pay
6 years and less than 7 years	16 weeks’ pay

and thereafter two weeks pay per year of service up to a maximum payment of 52 weeks’ pay.

(b) If you are 45 years of age or over

Less than 1 year’s service	Nil
1 year and less than 2 years	5 weeks’ pay
2 years and less than 3 years	8.75 weeks’ pay
3 years and less than 4 years	12.5 weeks’ pay
4 years and less than 5 years	15 weeks’ pay
5 years and less than 6 years	17.5 weeks’ pay
6 years and less than 7 years	20 weeks’ pay

and thereafter two weeks pay per year of service up to a maximum payment of 52 weeks’ pay.

6.5 Resignation During Notice of Redundancy

If your position in the mine is made redundant you may terminate your employment during the period of notice and still receive any monies arising from subclause 6.4.

6.6 Incapacity to Pay

Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, BCMG may pay a lesser amount (or no amount) of redundancy pay than that contained in paragraph 6.4 of this subclause. The Commission shall have regard to such financial and other resources of the BCMG as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph 6.4 will have on BCMG.

6.7 Transfer to Lower Paid Duties

If you are transferred to lower paid duties for a reason set out in clause 6.3, you must be given the same period of notice as if your employment had been terminated for that reason to affect that transfer.

7. Conflict Resolution

7.1 Steps

The following steps shall apply in the following order for resolution of a dispute. For each step, the next step may be taken if the dispute has not been resolved within a reasonable time:

(a) consultation between you and a representative of BCMG at the site level

(b) consultation between you and the relevant manager;

(d) consultation between you and a senior manager;

(e) reference of the matter to the Industrial Relations Commission of NSW for conciliation/arbitration no later than 72 hours after the step in (a) above unless otherwise agreed.

You may request that the union become involved at any stage (a) to (e) inclusive.

7.2 Continuation of Normal Work

While the procedure above is being followed and until the matter is resolved work must continue normally.

8. Classifications Etc

8.1 Classifications

Subject to this award, you shall be classified by BCMG into one of the following classifications:

Level 1	Operator - Entry

	All employees shall be classified into this classification during the first three
	months of their employment (unless BCMG determines a shorter period is
	appropriate) while they gain competency for a higher classification.
Level 2	Operator - General

	An employee in this classification shall perform:

	(a) general duties including but not limited to manual work and clean up; and
	(b) any tasks ancillary to such duties.
Level 3	Operator - Attendant

	An employee in this classification shall perform:

	(a) plant attendant duties including but not limited to attending to and maintaining
	fixed plant and servicing and performing routine mechanical repairs to fixed and
	mobile plant; and
	(b) any tasks ancillary to such duties.
Level 4	Operator - Weighbridge

	An employee in this classification shall perform:

	(a) such duties as are required to operate a weighbridge and complete such
	administrative work associated with the weighbridge including but not limited to
	the receipt, control and selling of materials; and
	(b)any tasks ancillary to such duties.
Level 5	Operator - Mobile Plant

	An employee in this classification shall:

	(a) operate mobile plant (with or without attachments) which shall include but not be
	limited to front-end loaders, dump trucks, water carts and excavators; and
	(b) any tasks ancillary to the operation of the said mobile plant.
Level 6	Operator - Fixed Plant

	An employee in this classification shall:

	(a) operate simple processing plant and
	(b) any tasks ancillary to the operation of the said plant.
Level 7	Operator - Computerised Fixed Plant

	An employee in this classification shall:

	(a) operate sophisticated computerised processing plant; and
	(b) any tasks ancillary to the operation of the said plant.

8.2 Rates of Pay

The rates of pay to be paid to you for the classification you are in are set out in Table 1 of this award.

9. Competency Assessment

9.1 Assessment and Allowance

(a) You must undertake and successfully complete competency-based assessments for the work performed by you from time to time.

(b) You shall be paid the amount per week set out in Item 1 of Table 2, Other Rates and Allowances of Part B in consideration of the obligations arising from clause 9.1 (a) for all purposes of the award.

10. Mixed Functions

10.1 Provision

(a) If you are directed to work for less than two hours a day on work carrying a higher rate of pay than your classified rate you shall be paid the higher rate for the actual time so worked and, when directed to work for more than two hours a day on such work, you shall be paid the higher rate for the whole day.

(b) To avoid any doubt, if you are directed to perform work carrying a lower rate of pay you will continue to be paid your classified rate of pay.

11. Additions to Wage

11.1 Allowances

In addition to the rate of pay ascertained from subclause 8.2, you shall receive the following allowances (paid for all purposes of this award) if you:

(a) are appointed as an assessor the amount set out in Item 2 of Table 2 of Part B per week; or

(b) are required to hold and hold NATA signatory status the amount set out in Item 3 of Table 2 of Part B per week.

12. Leading Hands

12.1 Appointment

BCMG may, in its complete discretion, appoint you to be a leading hand from time to time and when so appointed you shall supervise, direct or be in charge of other employees. To avoid any doubt, there is no requirement to appoint leading hands merely because groups of employees work together.

12.2 Allowance

If you are appointed as a leading hand, while so appointed you shall be paid the relevant allowance below determined by the number of persons you are a leading hand for:

2 – 5 employees:	the amount set out in Item 4 Table 2 of Part B per week

6 – 10 employees:	the amount set out in Item 5 Table 2 of Part B per week

11- 20 employees:	the amount set out in Item 6 Table 2 of Part B per week; and

More than 20 employees:	the amount set out in Item 7 Table 2 of Part B per week.

13. Work Practices

13.1 Using Skills As Directed

Despite anything else contained in this award, you must fully utilise the skills and/or competencies you have as directed by BCMG to meet the needs of the mine.

To avoid any doubt this includes performing tasks at a different or lower Level.

13.2 Directions Through Related Company

(a) BCMG may from time to time authorise any related body corporate of BCMG to act for them and to give (through its employees or officers) on behalf of BCMG any instruction, requirement or direction which BCMG may give you under this award, your contract of employment or at common law.

(b) BCMG must inform you in writing when any such authorisation is given and further inform you in writing if it is withdrawn.

(c) Subject to clause 13.2 (b), you must comply with any such instruction, requirement or direction given by such a related body corporate.

14. Payment of Wages

14.1 Electronic Funds Transfer

Wages shall be paid weekly by means of electronic funds transfer to an account in a recognised financial institution.

14.2 Late Pay

When your wages are not in your nominated account on the designated pay day the site manager if requested to do so by the you, must provide your wages to you in cash by conclusion of the next day’s shift.

15. Tools

15.1 All tools required by you shall be provided free of charge by BCMG.

16. First Aid

16.1 Certificate

If you hold a first-aid certificate and are appointed by BCMG to perform first-aid duties you shall be paid an allowance as set out in Item 11 of Table 2 of Part B per day.

17. Travel, Board and Lodging

17.1 Entitlements

(a) If you are temporarily transferred from the mine to another location you shall be paid at ordinary-time rates for all time in excess of that usually spent in travelling to the mine, and when required to use your private vehicle you shall be paid an allowance as set out in clause 17.1 (g) for all distance travelled in excess of that usually travelled to the mine. This allowance shall be payable in addition to any payment made under clause 34.

(b) If you are:

(i) engaged in one locality to work in another; or

(ii) sent other than at your own request from your usual locality to another for employment which can reasonably be regarded as permanent, involving a change of residence, you shall be paid travelling time whilst necessarily travelling between such localities and expenses for a period not exceeding three months or, in cases where you are in the process of buying a place of residence in the new locality, for a period not exceeding six months. Provided that such expenses shall cease after you have taken up permanent residence or abode at the new location.

(c) If you are sent from your usual locality to another (in circumstances other than those prescribed in clause 17.1 (b) and required to remain away from your usual place of abode you shall be paid travelling time whilst necessarily travelling between such localities, and expenses whilst so absent from your usual locality.

(d) The rate of pay for travelling time shall be ordinary rates, except on Sundays and holidays when it shall be time and a half.

(e) The maximum travelling time to be paid for shall be twelve hours out of every twenty-four or, when a sleeping berth is provided by BCMG for all-night travel, eight hours out of every twenty-four.

(f) "Expenses", for the purpose of this clause, means:

(i) all fares reasonably incurred;

(ii) reasonable expenses incurred whilst travelling, including the amount as set out in Item 9 of Table 2 for each meal taken; and

(iii) the provision of reasonable board and lodging or a reasonable allowance to cover the cost incurred for board and lodging, not less than the amount per week set out in Item 12 of Table 2.

(g) Where during working hours you are directed by BCMG to use your private motor vehicle for any purpose, you shall be paid an allowance as set out in Item 10 of Table 2 per kilometre travelled. This allowance shall be payable in addition to any payment made under clause 34.

18. Hours of Work

18.1 Average Week

Subject to this Award you must work an average of 38 ordinary hours each week as directed by BCMG.

18.2 Spread of Hours

(a) If you are a day worker your ordinary hours of work shall be worked:

(i) on any day of the week Monday to Friday inclusive; and

(ii) between the hours of 6.30am and 6.00pm; or

(iii) between such spread of hours as is agreed between BCMG and the majority of you in the section of the mine concerned.

(b) If you are a shift worker your ordinary hours of work shall be worked:

(i) any day of the week Monday to Sunday inclusive; and

(ii) your ordinary working hours shall not exceed:

(A) 38 per week;

(B) 76 in 14 consecutive days;

(D) 152 in 28 consecutive days.

18.3 Ten Hour Days

If you are a day worker, unless it is agreed between BCMG and the majority of you in the section of the mine concerned your ordinary hours of work must not exceed ten on any day.

18.4 Twelve Hour Days

(a) If you are a shift worker your ordinary hours of work must not exceed 12 hours a day and where 12 ordinary hours are worked they may only be worked subject to:

(i) BCMG and you being guided by the occupational health and safety provisions of the ACTU code of conduct on 12-hour shifts;

(ii) proper health and safety monitoring procedures being introduced;

(iii) suitable roster arrangements being made; and

(iv) proper supervision being provided.

(b) To avoid any doubt, except at the regular changeover of shifts, you shall not be required to work more than one shift in each 24 hour period.

18.5 Change to or from Shift Work

Unless otherwise agreed, BCMG may direct you to change from regularly working day work to regularly working shift work (or vice versa) by giving you one week’s notice in writing and you shall then work your ordinary hours on the shifts/days you have been rostered to work.

18.6 Rosters

BCMG shall give you a roster for working your ordinary hours at least seven days in advance.

18.7 Change to Rosters

Despite clause 18.6, if due to unforeseen circumstances BCMG needs to change your roster to keep the mine operating effectively BCMG may change your roster:

(a) upon giving you no less than notice on the previous day of any such change if you are a day worker; or

(b) upon giving you no less than notice on the previous day of any such change if you are a shift worker provided that if you are given less than seven days notice you shall continue to be paid your shift penalty for the balance of the such seven days even if you are transferred to day work.

18.8 Afternoon Shifts

If you are rostered to work an afternoon shift you shall be paid the afternoon shift allowance.

18.9 Night Shifts

If you are rostered to work a night shift you shall be paid the night shift allowance.

18.10 Saturday Shifts

(a) If you work a shift out side of your ordinary hours of work, that part of which is between midnight on Friday and midnight on Saturday you shall be paid at the rate of time and a half for the first two hours and double time thereafter and such extra rate shall be in substitution for and not cumulative upon your shift allowance.

(b) If you work a shift as part of your ordinary hours of work, that part of which is between midnight on Friday and midnight on Saturday you shall be paid at the rate of time and a third for such ordinary hours and such extra rate shall be in substitution for and not cumulative upon your shift allowance.

18.11 Sundays

(a) If you work a shift out side of your ordinary hours of work, that part of which is between midnight on midnight on Saturday and midnight on Sunday you shall be paid at the rate of double time for such ordinary hours and such extra rate shall be in substitution for and not cumulative upon your shift allowance.

(b) If you work a shift as part of your ordinary hours of work, that part of which is between midnight on Saturday and midnight on Sunday you shall be paid at the rate of time and a half for such ordinary hours and such extra rate shall be in substitution for and not cumulative upon your shift allowance.

19. Method of Working the 38 Hour Week

19.1 Work Cycles

The method of working the 38-hour week shall be any one of the following:

(a) by BCMG fixing one work day in the 4th week of a 4 week work cycle as a rostered day off on which you will be off work;

(b) by BCMG fixing two rostered work days on which you may be rostered off for two half days during a particular 4 week work cycle; or

19.2 Accumulation of Rostered Days Off

Rostered days off:

(a) may be accumulated by agreement between you and BCMG to be taken at an agreed time (and such agreement is reduced to writing); or

(b) may be paid out by BCMG to you at the rate of 7.6 ordinary hours pay per rostered day off accumulated but not taken as at 31 January each year.

19.3 Rostered Days Off on Public Holidays

When a rostered day off falls on a public holiday as prescribed in clause 22.1 the next working day shall be taken in lieu of the rostered day off unless an alternate day is agreed to between you and BCMG.

19.4 Accrual

Each day of paid leave taken and any public holiday occurring during any cycle of four weeks shall be regarded as a day worked for the purposes of accruing a rostered day off.

19.5 Taking a Rostered Day Off

A rostered day off shall be taken as a paid day off.

20. Meal Breaks

20.1 Work Before Break

You shall not be required to work for more than five ordinary hours of work without a break for a meal which shall be taken as unpaid. Provided that you and BCMG may agree to extend the five ordinary hours before taking a break up to six.

20.2 Continuity of Operations

The time of your taking a scheduled meal break may be altered by agreement between you and BCMG or by BCMG if it is necessary to maintain continuity of quarry operations.

20.3 Staggering Breaks

BCMG may stagger the time of taking a meal break to meet operational requirements.

20.4 Meal Breaks for Shift Workers

Despite the provisions of this clause, if you are a shift worker you shall be allowed a thirty (30) minute paid meal break during each shift, which shall be counted as time worked.

20.5 Working Through a Meal Break

Except as provided for in clause 20.1 and 20.2, you shall be paid at the rate of time and one half of ordinary time for all work done during your meal break and thereafter until a meal break is taken.

21. Rest Breaks

21.1 Daily Break

You shall be given a paid rest break of ten (10) minutes each day.

21.2 Staggering

BCMG may stagger the time of taking a rest break to meet operational requirements.

21.3 Continuous Operation

The time of your taking a scheduled rest break may be altered by agreement between you and BCMG or by BCMG if it is necessary to maintain continuity of quarry operations.

21.4 Shift Workers

In the case of shift workers the rest break may be combined (by BCMG) with the paid meal break so as to enable a forty-minute paid meal break.

22. Holidays

22.1 Holidays

The following days shall be granted to you without loss of pay as a holiday:

(a) New Year's Day;

(b) Australia Day;

(d) Easter Saturday;

(e) Easter Monday;

(f) Anzac Day;

(g) Queen's Birthday;

(h) Eight Hour Day;

(i) Christmas Day;

(j) Boxing Day;

(k) Union Picnic Day, the first Monday in December (or a substitute day agreed to by you and BCMG and taken by 31 December in the following year); and

(l) any other day gazetted as a public holiday for the State.

22.2 Absence

When you are absent from work on the working day before or the working day after a holiday, without reasonable excuse or without the consent of BCMG, then you shall not be entitled to payment for such holiday.

22.3 Working on a Holiday

For work done on any of the holidays referred to in subclause 22.1 (except (k) Union Picnic Day), you shall be paid at the rate of double time and one-half with a minimum payment for four hours' work.

23. Overtime

23.1 Payment

Subject to subclauses 22.2 and 22.3, for all work performed by you outside of and/or in excess of your ordinary hours you shall be paid at the rate of time and one-half for the first two hours and double time thereafter; such double time to continue until the completion of the overtime worked.

23.2 Day Stands Alone

Except as provided in subclause 23.3 in computing your overtime each day's work shall stand-alone.

23.3 10 Hour Rest Period

(Subject to subclause 23.4) When:

(a) overtime work is necessary it shall wherever reasonably practicable, be so arranged that you have at least ten consecutive hours off duty between the work of successive days;

(b) you work so much overtime between the termination of your ordinary work on one day and the commencement of your ordinary work on the next day that you have not had at least ten consecutive hours off duty between those times you shall be released after completion of such overtime until you have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence; and

(c) on the instruction of BCMG you resume or continue work without having had such ten consecutive hours off duty you shall be paid at double time rates until you are released from duty for such period and you shall then be entitled to be absent until you have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

23.4 8 Hour Rest Period for Shift Workers

The provisions of clause 23.3 shall apply in the case of shift workers who rotate from one shift to another as if eight hours were substituted for ten hours when overtime is worked:

(a) for the purpose of changing shift rosters; or

(b) where a shift worker does not report for duty.

23.5 Call Back

(a) If you are recalled to work overtime after leaving the site (whether notified before or after leaving) you shall be paid for a minimum of four hours' work (whether worked or not) or where you have been paid for standing by you shall be paid a minimum of three hours' pay at the appropriate rate.

(b) This clause shall not apply in cases where it is customary for you to return to the site to perform a specific job outside your ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

(c) Overtime worked in the circumstances set out above, shall not be regarded as overtime for the purposes of clause 23.6 when the actual time worked is less than three hours on each such recall.

(d) If you are directed to hold yourself in readiness to work after your ordinary hours you shall be paid stand-by time, at ordinary rates of pay, until released.

23.6 Overtime Bonus and Breaks

If you are required to work overtime:

(a) for one and one half hours after your normal ceasing time and you were not notified on the day before (or earlier) of the need to work overtime you shall be paid the amount set out in Item 9 of Table 2 of Part B of this award;

(b) for two hours or more after your normal ceasing time you shall be paid the amount set out in Item 9 of Table 2 of Part B of this award;

(c) for four hours after your normal ceasing time (and for each four hours thereafter) you shall be provided with a 30 minute break without loss of pay provided that overtime work continues after any such break; and

(d) for six hours or more after your normal ceasing time (and for each four hours thereafter) you shall be paid the amount set out in Item 9 of Table 2 of Part B of this award.

23.7 Not Required to Work Overtime

Despite subclause 23.6, if you are notified of the intention to work overtime but you are not called upon to work that overtime you shall be paid an amount ascertained from subclause 23.6 (a).

23.8 Weekend Crib Breaks

Where overtime is worked on a Saturday or Sunday and it continues after 12 noon, you shall be given a paid break for a meal of 30 minutes between 12.00 noon and 1.00pm, provided that the work continues after the meal break.

23.9 Weekend Minimum

If you are required to work overtime on a Saturday or Sunday you shall be given at least four hours’ work or receive four hours’ pay.

24. Annual Leave

24.1 Entitlement

See Annual Holidays Act, 1944 as amended.

25. Annual Leave Loading

25.1 Payment of Loading

Whenever you enter a period of annual leave you shall be paid, in addition to your annual leave pay a loading of 17.5 percent on top of your annual leave pay.

25.2 Calculation of Loading

The loading is to be calculated on your rate of pay that is applicable immediately before commencing annual leave, excluding any other allowances, penalty rates, shift allowances, overtime or any other payments prescribed by this award.

25.3 Shift Workers

Despite any thing else contained in this award, if you are a shift worker when you enter a period of annual leave then you shall be entitled to the greater of the following:

(a) your shift work allowances and/or weekend penalty rates for the ordinary time (not including time on a public holiday) which you would have worked during the period of the leave; or

(b) the loading calculated in accordance with this clause.

26. Long Service Leave

26.1 Entitlement

See Long Service Leave Act, 1955 as amended.

27. Parental Leave and Personal Carers Leave

27.1 Parental Leave

See Industrial Relations Act, 1996 as amended.

27.2 Personal Carers Leave

(a) If you are a full time or part-time employee, with responsibilities in relation to a class of person set out in subclause 27.2 (c) (ii) who needs your care and support, you shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 30 of the award, 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) You shall, if required, establish 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, you must not take carer's leave under this subclause where another person has taken leave to care for the same person.

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

(ii) the person concerned being:

(A) your spouse; 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 yours; or

(D) a same sex partner who lives with you as your de-facto partner on a bona fide domestic basis; or

(E) a relative who is a member of the same household, where for the purposes of this paragraph:

"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) You 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 you, the reasons for taking such leave and the estimated length of absence. If it is not practicable for you to give prior notice of absence, then you shall notify the BCMG by telephone of such absence at the first opportunity on the day of absence.

27.3 Unpaid Leave for Family Purpose

You may elect, with the consent of the BCMG, to take unpaid leave for the purpose of providing care and support to a class of person set out in 27.2 (c) (i) above who is ill.

27.4 Annual Leave

You may elect, with the consent of BCMG, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times to be agreed for the purpose of providing care to a person as set out in 27.2 (c) (ii) who is ill.

We may agree to defer the payment of annual leave loading in respect of single day absences, until at least five e consecutive annual leave days are taken.

27.5 Time off In Lieu of Payment For Overtime

You may elect with the consent of BCMG, to work “make up time”, under which you may take time off during ordinary hours, and work those hours at a later time, during the spread of ordinary hours of this award.

If you work shift work, you may elect, with the consent of BCMG to work “make up time” at the shift work rate, which would have been applicable to the hours taken off.

27.6 Rostered Days Off

You may elect, with the consent of BCMG, to take a rostered day off at any time to provide care for a person as set out in subclause 27.2 (c) (ii) who is ill. You may elect with the consent of BCMG, to take rostered days off in part day amounts.

28. Bereavement Leave

28.1 Entitlement

You shall be entitled to a maximum of three days' leave without loss of pay on each occasion and on production of satisfactory evidence of the death of any of the persons prescribed in clause 27.2 (c) (ii).

The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

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 subparagraph (ii) of clause 27, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

Bereavement leave may be taken in conjunction with other leave available under subclauses 27.3 to 27.6 of the said clause. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

29. Jury Service

29.1 Entitlement

If you are required to attend for jury service during your ordinary working hours you shall be reimbursed by BCMG an amount equal to the difference between the amount paid in respect of your attendance for such jury service and the amount of wages you would have received in respect of the ordinary time you would have worked had you not been on jury service.

29.2 Notification

You must notify BCMG as soon as possible of the date upon which you are required to attend for jury service. Further, you must give BCMG proof of your attendance, the duration of such attendance and the amount received in respect of such jury service.

30. Sick Leave

30.1 Entitlement

You shall, subject to subclause 30.2 and the production of a medical certificate be entitled to ten days' sick leave during the first and subsequent years of service on full pay (provided that a statutory declaration shall be sufficient proof of sickness in respect of the first two single days' absence in any year).

30.2 Notification

You must notify BCMG of your absence prior to your normal starting time on the same day of your absence and in any event before 9.00am on that day unless because of the nature of the illness you are incapable to do so in which case you must notify BCMG as soon as possible.

30.3 Workers Compensation

You shall not be entitled to sick leave for any period in respect of which you are entitled to workers' compensation

30.4 Accumulation

If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be cumulative from year to year.

30.5 Absent on Holidays and Rostered Days Off

If an award holiday or rostered day off occurs during your absence on sick leave then such award holiday or rostered day off shall not be counted as sick leave.

31. Protective Clothing

31.1 Entitlement

At the commencement of your employment BCMG shall provide you with four sets of clothes, two pairs of boots and in May a winter jacket, which shall be replaced on an item for item exchange basis.

32. Protective Equipment

32.1 Entitlement

BCMG shall:

(a) provide you with all personal protective equipment required to perform your work and;

(b) replace such articles, when, in the opinion of BCMG, they are no longer in a serviceable condition, but you shall not be entitled to a replacement unless you return the corresponding article issued to you or if the article is lost or misplaced by you, you shall pay a reasonable price for the article.

33. Use of Car

33.1 Allowance

If you are required to use your car by BCMG you will be paid per km the amount set out in Item 10 of Table 2 of Part B.

34. Fares

34.1 Payment

From the start date you shall receive in compensation for fares incurred travelling to and from work at irregular hours when public transport is not necessarily available the amount set out in Item 8 of Table 2 of Part B per day, provided that the above allowance shall be payable to employees who commence prior to 6:30am or finish subsequent to 7:00pm.

35. Delegates

35.1 Appointment

BCMG shall recognise the appointed delegate for the union at the site.

35.2 Time

BCMG shall provide the delegate with reasonable time while at work to perform the proper functions of the delegate.

36. Counselling

36.1 Procedure

Upon BCMG becoming aware that an employee’s conduct, performance and/or work performance was/is unsatisfactory they should:

(a) undertake an investigation of the matter;

(b) put the matter to the employee with any relevant supporting information BCMG is aware of and allow them to respond;

(d) conclude whether or not the employee’s conduct behaviour and/or work performance was/is unsatisfactory;

(e) explain why the conclusion reached has been arrived at; and then

(f) take appropriate action.

37. Facilities

37.1 Meal Rooms

(a) BCMG shall supply suitable meal room and boiling water for you at the commencement of each meal and/or rest break.

(b) Such meal room shall be equipped as follows:

(i) flyscreen doors;

(ii) refrigerator;

(iii) heater for food;

(iv) electric light; and

(v) adequate table and seating accommodation and washing-up facilities.

37.2 Tea, Coffee and Drinking Water

(a) BCMG shall provide you with a reasonable supply of coffee, tea, milk and sugar for use during meal and rest breaks.

(b) BCMG shall provide you with a plentiful supply of pure drinking water and water bags, when required for the purpose of keeping the water cool.

37.3 Change Rooms Etc

(a) BCMG shall make available to you suitable change rooms that where practicable shall be equipped with hot and cold showers and wash basins.

(b) Such change rooms shall be used exclusively for the purpose for which they are provided.

(c) BCMG shall provide you with fly-proof sanitary conveniences (no less than one seat to every ten employees) and each seat will be partitioned off. These shall be maintained in a clean and hygienic state. Where practicable such sanitary conveniences shall be sewered.

38. Timekeeping

38.1 Decimal Proportion

BCMG shall:

(a) utilise, for time keeping purposes, the decimal proportion 0.25 of an hour; and

(b) apply such proportion in the calculation of your working time.

38.2 Latecomers

If you:

(a) do not commence work at the time you are rostered to; or

(b) cease work before your rostered finish time,

BCMG may pay you only for the time that you actually worked.

39. Superannuation

39.1 Obligation

The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act, 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

40. Future Wage Adjustments

40.1 Annual Increase

On 1 December each year your ordinary time weekly rate of pay arising from Table 1 and any allowances arising from Table 2 will be increased by the average ordinary weekly time percentage increase granted to employees in the BCMG quarries that year.

PART B

Table 1 - Rates of Pay

Subject to this award, you shall be paid in accordance with the following table of rates:

Level	Description	Weekly Wage
		$
1	Operator - Entry	532.30
2	Operator - General	568.00
3	Operator - Attendant	580.20
4	Operator Weighbridge	592.70
5	Operator - Mobile Plant	605.20
6	Operator - Fixed Plant	615.20
7	Operator - Computerised Fixed Plant	630.00

Table 2 - Other Rates And Allowances

Item No.	Clause No.	Brief Description	Amount
			$
1	9.1 (b)	Competency	4.65 per week
2	11.1	Assessor	22.00 per week
3	11.1	NATA	22.00 per week

		Leading Hand Allowances
4	12	2 to 5	17.20 per week
5		6 to 10	24.15 per week
6		11 to 20	34.35 per week
7		More than 20	43.65 per week
8	34.1	Transport not available	8.60 per day
9	17.1 (f)(ii) and 23.6	Meal allowance	10.00
10	33.1	Motor Vehicle Allowance	0.50 per km
11	16.1	First Aid Allowance	1.87 per day
12	17.1	Board and Lodging	320.00 per week

D. W. RITCHIE, Commissioner.

____________________

Printed by the authority of the Industrial Registrar.

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