QUARRYING INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, industrial organisation of
employees.
(No. IRC 4962 of 2002)
|
Before The Honourable Justice
Staunton
|
22 August 2003
|
VARIATION
1. Delete the
words "Quarrying Industry (State) Award" in the title of the award
published 30 June 2000 (316. I.G. 961) and insert in lieu thereof the
following:
QUARRIES,
&c (STATE) AWARD
2. Delete
subclause 3.6, Call Out, of Part 3 Classifications, Wages and Allowances, etc
of clause 1.1, Arrangement, and inserting in lieu thereof the following:
3.6 Lime
Making Classifications
3. Insert after
subclause 6.9, Anti Discrimination, of Part 6 Miscellaneous, of clause 1.1,
Arrangement, the following new subclause:
6.10 Deduction
of Union Membership Fees
4. Delete clause
1.2, Award Display and insert in lieu thereof the following:
A copy of this award shall be exhibited and kept
exhibited in each workplace so as to be legible by the employees.
5. Delete
subclause 1.5 (1), Area, Incidence and Duration and insert in lieu thereof the
following:
(1) This award
shall apply to all employees of the classifications specified herein employed:
(a) in lime and/or
stone quarries, sand pits or gravel pits, other than dimension stone, brick,
shale or slate quarries;
(b) in the lime
making industry;
(c) to operate
plant and equipment (other than in a quarry) where the plant and equipment is
principally used to crush, screen and/or blend materials such as stone, brick,
concrete, masonry, asphalt etc. to produce recycled material, including
aggregates, road bases, gravels, fine sands and/or course sands and/or a blend
of these,
in New South Wales, excluding the County of Yancowinna.
Notation: To avoid any doubt that may exist, nothing in
paragraph (c) above, applies or is intended to apply to the work of employees
covered by the following awards:-
Building and Construction Industry (State) Award
published 31 August 2001 (327. I.G. 279)
Plant &c., Operators on Construction (State) Award
published 16 November 2001 (329. I.G. 625)
Transport Industry- Mixed Enterprises Interim (State)
Award published 23 November 2001 (329. I.G. 748)
Transport Industry- Quarried Materials (State) Award
published 24 August 2001 (327. I.G. 39)
Transport Industry (State) Award published 20 April
2000 (315. I.G. 192)
Transport Industry- Trade Waste (State) Award published
14 December 2001 (330. I.G. 299)
Transport Industry- Waste Collection and Recycling
(State) Award made 4 September 2003.
as those awards are read under the NSW Industrial
Gazette as at 29 August 2002.
6. Delete clause
2.2, Consultation, and insert in lieu thereof the following:
2.2 Consultation
(1) The parties to
this award are committed to co-operating positively to increase the efficiency,
productivity and competitiveness of the quarrying, lime making and recycling
industries and to enhance the career opportunities and job security of
employees in those industries.
(2) At each
workplace, an employer, the employees and their relevant union or unions shall
establish a consultative mechanism and procedures appropriate to the size,
structure and needs of that workplace.
Measures raised by the employer, employees or union or unions for
consideration consistent with subclause (1) of this clause, shall be processed
through that consultative mechanism and
procedures.
(3) For the
purposes of this clause, "relevant union" shall mean the union which
is a party to this award and has members at the workplace concerned.
7. Delete
subclause (3) of clause 2.3, Utilisation of Skills and Insert in lieu thereof
the following:
(3) Any direction
given by an employer in accordance with subclauses (1) and (2) of this clause,
shall be consistent with the employer's obligations under the Occupational Health and Safety Act 2000
(NSW).
8. Delete
subclauses (1) and (2) of clause 2.4, Training, and insert in lieu thereof the
following:
(1) The parties to
this award recognise that in order to increase the efficiency, productivity and
competitiveness of the quarrying, lime making and recycling industries, a
greater commitment to training and skill development is required. Accordingly, the parties commit themselves
to:
(a) developing a
more highly skilled and flexible workforce;
(b) providing
employees with career opportunities through appropriate training to acquire
additional skills; and
(c) removing
barriers to the utilisation of skills acquired.
(2) Following
proper consultation in accordance with clause 2.2, Consultation, the employer
shall develop a training programme consistent with:
(a) the current
and future skill needs of the workplace;
(b) the size,
structure and nature of their business;
(c) the need to
develop vocational skills relevant to their business and the quarrying, lime
making and recycling industries through courses conducted by accredited
educational institutions and providers and through on-site training.
(d) Consistent with
paragraphs (a), (b) and (c) of this subclause, an employer shall not
unreasonably withhold their consent to a request for additional training when developing the said training programme.
9. Delete
subparagraph 3(f) of clause 2.5, Redundancy, and renumber subsequent
subparagraphs accordingly.
10. Delete subclause
(i) of clause 2.6, Avoidance of Industrial Disputes and Employee Grievances,
and insert in lieu thereof the following:
(1) A procedure
for the avoidance of industrial disputes and employee grievances shall apply in
each workplace covered by this award.
11. Delete the
word "quarry" wherever appearing in subparagraph (c) of subclause 3
of clause 2.6 Avoidance of Industrial Disputes and Employee Grievances, and
insert in lieu thereof the word "workplace".
12. Delete the
words "Occupational Health and Safety Act 1983" from subclause (8) of
clause 2.6 Avoidance of Industrial Disputes and Employee Grievances, and insert
in lieu thereof the words "Occupational Health and Safety Act 2000
(NSW)".
13. Delete clause
3.1, Classifications and Wages, and insert in lieu thereof the following:
3.1 Classifications
and Wages - Quarries and Recycling
(1) Employees
covered by this award pursuant to clause 1.5 (a) and (c) shall be classified
into one of the levels set out below:
(a) Operator Level
1 (Trainee) - An Operator Level 1 (Trainee) is an employee who, upon entering
the production workforce of the workplace, will undertake up to three months induction and skills training. This training will include information on
the enterprise, conditions of employment, introduction to personnel, training
and career opportunities, workplace layout, work and documentation procedures
and specific occupational health and safety equipment appreciation and quality
control training.
Duties - Indicative of the tasks an employee at this level may perform are the following:
general labouring;
cleaning;
higher level tasks for training purposes.
Responsibility - An employee at this level will perform
routine tasks, using minimal judgement, under direct supervision, to the level
of their skill and training.
Qualification - The
qualification required for an entry by the employee will be determined
by the employer. Basic literacy and
numeracy skills will be desirable. Use
and understanding of English is also desirable.
Training - In accordance with clause 2.4, Training, of
Part 2 - Contract of Employment, etc., an employee at this level will be
provided with a period of up to 3 months of structured induction and skills
training in order to competently perform the duties of an Operator Level 2.
Progression - An employee may progress from Level 1 to
higher levels after 3 months service and on being able to competently perform
the duties at a higher level.
(b) Operator Level
2 - An Operator Level 2 has successfully completed up to three months
structured training so as to enable the employee to perform competently the
work within the scope of this level.
Duties - Indicative of the tasks an employee at this
level may perform are the following:
attend to, maintain and service fixed and mobile plant;
assist with the repair and maintenance of fixed and
mobile plant;
apply basic quality control and assurance procedures;
use Class 1 motor vehicles;
maintain simple records; and
higher level tasks for training purposes.
Responsibility - An employee at this level works under
direct supervision, either individually or in a team environment.
Qualification - An Operator Level 2 will have
successfully completed the entry level induction and skills training and have
demonstrated competence in performing the duties at this level.
Training - In accordance with clause 2.4, Training, of
Part 2 - Contract of Employment, etc., an employee at this level may be
provided with structured training to allow him/her to perform the wider range
of duties at this level.
An employee may also, over time, be provided with a
structured program of training that will allow him/her to competently perform
work at higher levels.
Progression - An employee may progress to a higher
level on the basis of being able to competently perform the skills to work at
the higher level and on being selected for a position when a position at that
level becomes available.
When accredited competency-based training and
assessment becomes available for higher levels, successful completion of this
training and assessment will be required for progression to a higher level.
(c) Operator Level
3 - An Operator Level 3 has demonstrated competency and is required to
undertake work at this level.
Duties - Indicative of the tasks an employee at this
level may perform are the following:
operate at least one item of Group A plant;
maintain plant and equipment;
carry out basic product sampling and quality testing;
operate a weighbridge;
carry out clerical tasks and maintain simple records;
receive, issue and maintain stores;
assist in on-the-job training; and
higher level tasks for training purposes.
Responsibility - An employee at this level will be
responsible for the quality of their own work, subject to routine supervision,
and exercise discretion to the level of their skill and training.
Qualification - An Operator Level 3 will have
successfully completed the entry level induction and skills training and have
demonstrated competence in performing the duties at this level.
When accredited competency-based training and
assessment becomes available for Level 3 occupations, successful completion of
this training and assessment will be a required qualification for this level.
Training - In accordance with clause 2.4, Training, of
Part 2 - Contract of Employment, etc., an employee at this level may be
provided with structured training to allow him/her to perform the wider range
of duties at this level.
An employee may also, over time, be provided with a
structured program of training that will allow them to competently perform work
at higher levels.
Progression - An employee may progress to a higher
level on the basis of being able to competently perform the skills to work at
the higher level and on being selected for a position when a position at that
level becomes available.
When accredited competency-based training and
assessment becomes available for higher levels, successful completion of this
training and assessment will be required for progression to a higher level.
(d) Operator Level
4 - An Operator Level 4 has demonstrated competency and is required to
undertake work at this level.
Duties - Indicative of the tasks an employee at this
level may perform are the following:
fault find problems and make adjustments to plant;
understand and
interpret quality assurance procedures and perform analytical tests and
ascertain conformity;
operate at least one item of Group B plant;
operate a weighbridge and allocate trucks;
assist in on-the-job training; and
higher level tasks for training purposes.
Responsibility - An employee at this level will be
responsible for the quality of their work, subject to routine supervision, and
exercise discretion to the level of their skill and training.
Qualification - An Operator Level 4 will have
successfully completed the entry level induction and skills training and have
demonstrated competence in performing the duties at this level.
When accredited competency-based training and
assessment becomes available for Level 4 occupations, successful completion of
this training and assessment will be a required qualification for this level.
Training - In accordance with clause 2.4, Training, of
Part 2 - Contract of Employment, etc., an employee at this level may be
provided with structured training to allow him/her to perform the wider range
of duties at this level.
An employee may also, over time, be provided with a
structured program of training that will allow them to competently perform work
at higher levels.
Progression - An employee may progress to a higher level
on the basis of being able to competently perform the skills to work at the
higher level and on being selected for a position when a position at that level
becomes available.
When accredited competency-based training and
assessment becomes available for higher levels, successful completion of this
training and assessment will be required for progression to the higher level.
(e) Operator Level
5 - An Operator Level 5 has demonstrated competency and is required to
undertake work at this level.
Duties - Indicative of the tasks an employee at this level may perform are the following:
carry out routine mechanical repairs;
operate at least one item of Group C plant;
operate a multiple weighbridges and carry out
computerised allocation of trucks;
higher level tasks for training purposes.
Responsibility - An employee at this level will be
responsible for the quality of their own work, subject to general supervision,
and exercise discretion to the level of their skill and training.
Qualification - An Operator Level 5 will have
successfully completed the entry level induction and skills training and have
demonstrated competence in performing the duties at this level.
When accredited competency-based training and
assessment becomes available for Level 5 occupations, successful completion of
this training and assessment will be a required qualification for this level.
Training - In accordance with clause 2.4, Training, of
Part 2 - Contract of Employment, etc., an employee at this level may be
provided with structured training to allow him/her to perform the wider range
of duties at this level.
An employee may also, over time, be provided with a
structured program of training that will allow them to competently perform work
at higher levels.
Progression - An employee may progress to a higher
level on the basis of being able to competently perform the skills to work at
the higher level and on being selected for a position when a position at that
level becomes available.
When accredited competency-based training and
assessment becomes available for higher levels, successful completion of this
training and assessment will be required for progression to the higher level.
(f) Operator
Level 6 - An Operator Level 6 has demonstrated competency and is required to
undertake work at this level.
Duties - Indicative of the tasks an employee at this
level may perform are the following:
supervise, plan and control clerical and weighbridge
operations;
prepare and initiate quarry blasts;
operate at least one item of Group D plant;
higher level tasks for training purposes.
Responsibility - An employee at this level will be
responsible for the quality of their work, subject to general supervision, and
exercise discretion to the level of their skill and training.
Qualification - An Operator Level 6 will have
successfully completed the entry level induction and skills training and have
demonstrated competence in performing the duties at this level.
When accredited competency-based training and
assessment becomes available for Level 6 occupations, successful completion of
this training and assessment will be a required qualification for this level.
Training - In accordance with clause 2.4, Training, of
Part 2 - Contract of Employment, etc., an employee at this level may be
provided with structured training to allow him/her to perform the wider range
of duties at this level.
An employee may also, over time, be provided with a
structured program of training that will allow them to competently perform work
at higher levels.
Progression - An employee may progress to a higher
level on the basis of being able to competently perform the skills to work at
the higher level and on being selected for a position when a position at that
level becomes available.
When accredited competency-based training and
assessment becomes available for higher levels, successful completion of this
training and assessment will be required for progression to the higher level.
(g) Operator Level
7 - An Operator Level 7 has demonstrated competency and is required to
undertake work at this level.
Duties - Indicative of the tasks an employee at this
level may perform are the following:
operate at least one item of Group E plant;
Responsibility - An employee at this level will be
responsible for the quality of their own work, subject to general supervision,
and exercise discretion to the level of their skill and training.
Qualification - An Operator Level 7 will have
successfully completed the entry level induction and skills training and have
demonstrated competence in performing the duties at this level.
When accredited competency-based training and
assessment becomes available for Level 7 occupations, successful completion of
this training and assessment will be a required qualification for this level.
Training - In accordance with clause 2.4, Training, of
Part 2 - Contract of Employment, etc., an employee at this level may be
provided with structured training to allow him/her to perform the wider range
of duties at this level.
An employee may also, over time, be provided with a
structured program of training that will allow them to competently perform work
at higher grades.
Progression- An employee may progress to a higher grade
on the basis of being able to competently perform the skills to work at the
higher grade and on being selected for a position when a position at that level
becomes available.
When accredited competency based training and
assessment becomes available for higher grades, successful completion of this
training and assessment will be required for progression to a higher grade.
(h) Tradesperson
Level 1, Electrical/Mechanical - A Tradesperson Level 1, Electrical, is an
electrical tradesperson of one or more of the following classes:
"Electrical Fitter" mainly engaged in making
or repairing electrical machines, instruments or appliances, who, in the course
of his/her work, applies electrical knowledge.
"Electrical Mechanic" tradesperson mainly
engaged on electrical installation, repair and maintenance work.
A Tradesperson Level 1, Mechanical, is a tradesperson
of one or more of the following classes: Mechanical fitter, pipe fitter on
refrigeration work and/or high pressure work, which includes live steam and
hydraulic press work, points and crossings fitter and window frame fitter; or a
tradesperson who is partly or wholly engaged is setting up and operating the
following machines: lathe, boring machine, milling machine, planing machine,
shaping machine, slotting machine, precision grinding machine, and a drilling
machine where the operator uses the same precision tools as fitters and
turners; or a tradesperson engaged in repairing, altering, overhauling,
assembling or testing metal of the engine or chassis of motor cars, motor
cycles or other motor vehicles; or engaged in repairing and/or overhauling
wheeled or track type mobile equipment associated with (a) construction
equipment, (b) earthmoving equipment or agricultural and diesel mobile
equipment such as petrol and/or diesel engines, chassis, transmission,
hydraulics, electrical system and ancillary equipment; or a tradesperson using
electric arc and/or oxy-acetylene blow pipe and/or coal gas cutting plant who
is required to apply general trade experience as a welder.
Responsibility - An employee at this level will be
responsible for the quality of their own work, subject to general supervision,
and exercise discretion to the level of their skill and training.
Qualifications - A Tradesperson Level 1 will have
successfully completed a recognised trade certificate course.
Training - In accordance with clause 2.4, Training, of
Part 2 - Contract of Employment, etc., an employee may, over time, be provided
with a structured program of training that will allow them to competently
perform work at higher levels.
Progression - A Tradesperson Level 1 will progress to
Tradesperson Level 2 Electrical/Mechanical (Experienced) after having been
employed in the quarrying or recycling industry for eighteen months.
(i) Tradesperson
Level 2, Electrical/Mechanical
(Experienced) -
A Tradesperson Level 2, Electrical (Experienced) is an
electrical tradesperson of one or more of the following classes:
"Electrical Fitter" mainly engaged in making
or repairing electrical machines, instruments or appliances, who in the course
of their work applies electrical knowledge.
"Electrical Mechanic" tradesperson mainly
engaged on electrical installation, repair and maintenance work.
A Tradesperson Level 2, Mechanical, is a tradesperson
of one or more of the following classes:
mechanical fitter, pipe fitter on refrigeration work
and/or high pressure work which includes live steam and hydraulic press work,
points and crossings fitter and window frame fitter; or a tradesperson who is
partly or wholly engaged in setting up and operating the following machines:
lathe, boring machine, milling machine, planing machine, shaping machine,
slotting machine, precision grinding machine, and a drilling machine where the
operator uses he same precision tools as fitters and turners; or a tradesperson
engaged in repairing, altering, overhauling, assembling or testing metal of the
engine or chassis of motor cars, motor cycles or other motor vehicles; or
engaged in repairing and/or overhauling wheeled or track type mobile equipment
associated with (a) construction equipment, (b) earthmoving equipment or
agricultural and diesel mobile equipment such as petrol and/or diesel engines,
chassis, transmission, hydraulic, electrical system and ancillary equipment; or
a tradesperson using electric arc and/or oxy-acetylene blow pipe and/or coal
gas cutting plant who is required to apply general trade experience as a welder.
Responsibility - An employee at this level will work
autonomously, be responsible for quality control of their own work and may
exercise supervision of others in related or similar work.
Qualification - A Tradesperson Level 2 will have
successfully completed a recognised trade certificate course.
Training - In accordance with clause 2.4, Training, of
Part 2 - Contract of Employment, etc., an employee may also, over time, be provided with a
structured program of training that will allow them to competently perform work
at higher levels.
Progression - An employee may progress to a higher
level on the basis of being able to competently perform the skills to work at
the higher level and on being selected for a position when a position at that
level becomes available.
(j) Tradesperson
Level 3, Special Class - A Tradesperson Level 3 Special Class is a:
Tradesperson Level 1, Mechanical, who is engaged
regularly over a period or intermittently during a week in any combination of
installing, repairing and maintaining, testing, modifying, commissioning of
fault finding on complex machinery and equipment which utilises hydraulic
and/or pneumatic principles and who, in the course of such work, is required to
read and understand hydraulic and/or pneumatic circuitry which controls fluid
power systems; or
a Tradesperson Level 1, Electrical, who is mainly
engaged on complex or intricate circuitry or both, the performance of which
work requires the use of knowledge in excess of that gained by the satisfactory
completion of the appropriate technical college trade course.
Responsibility - An employee at this level will work
autonomously, be responsible for quality control of their own work and may
exercise supervision of others in related or similar work.
Qualification - A Tradesperson Level 3 will have had a
minimum of two years on-the-job experience as a tradesperson working
predominantly on fluid power systems as will enable the tradesperson to perform
such work under minimum supervision and technical guidance, and will have
satisfactorily completed a prescribed post-trades course or the achievement to
the satisfaction of the employer of a comparable standard of skill and
knowledge by other means, including in-plant training or on-the job experience
referred to above; or
A Tradesperson Level 3 will have had not less than two
years on-the-job experience as a tradesperson working mainly on such complex or
intricate circuitry work as will enable the tradesperson to perform such work
unsupervised where necessary and practicable and having, by virtue of either
the satisfactory completion of a prescribed post-trades course in industrial
electronics or the achievement of a comparable standard of knowledge by other
means, including the on-the-job experience referred to above, gained a
sufficient comprehension of such
complex or intricate circuitry work as will enable the tradesperson to examine,
diagnose and modify systems comprising
inter-connected circuits.
Training - In accordance with clause 2.4, Training, of
Part 2 - Contract of Employment, etc., an employee may, over time, be provided
with a structured program of training that will allow them to competently
perform work at higher levels.
Progression - An employee may progress to a higher
level on the basis of being able to competently perform the skills to work at the higher level and
on being selected for a position when a position at that level becomes
available. Notwithstanding the foregoing, a Tradesperson Level 3 Special Class
will progress to a Tradesperson Level 4 Special Class after having been
employed in the quarrying or recycling industry for eighteen months.
(k) Tradesperson
Level 4, Special Class (Experienced) -
A Tradesperson Level 4 Special Class (Experienced) is a:
Tradesperson Level 2, Mechanical (Experienced), who is
engaged regularly over a period or intermittently during a week in any
combination of installing, repairing and maintaining, testing, modifying,
commissioning of fault finding on
complex machinery and equipment which utilises hydraulic and/or pneumatic
principles and who, in the course of such work, is required to read and
understand hydraulic and/or pneumatic circuitry which controls fluid power
systems; or
a Tradesperson Level 2, Electrical (Experienced), who
is mainly engaged on complex or intricate circuitry or both, the performance
of which work requires the use of
knowledge in excess of that gained by the satisfactory completion of the
appropriate technical college trade course.
Responsibility - An employee at this level will work
autonomously, be responsible for quality control of their own work and may
exercise supervision of others in related or similar work.
Qualification - A Tradesperson Level 4 Special Class
(Experienced) will have had a minimum of two years on-the-job experience as a
tradesperson working predominantly on fluid power systems as will enable the
tradesperson to perform such work under minimum supervision and technical
guidance, and will have satisfactorily completed a prescribed post-trades
course or the achievement to the satisfaction of the employer of a comparable
standard of skill and knowledge by other means, including in-plant training or
the on-the-job experience referred to above; or
a Tradesperson Level 4 Special Class (Experienced) will
have had not less than two years' on-the-job experience as a tradesperson
working mainly on such complex or intricate circuitry work as will enable the
tradesperson to perform such work unsupervised where necessary and practicable
and having, by virtue of either the satisfactory completion of a prescribed
post-trades course in industrial electronics or the achievement of a comparable
standard of knowledge by other means, including the on-the-job experience
referred to above, gained a sufficient comprehension of such complex or
intricate circuitry work as will enable the tradesperson to examine, diagnose
and modify systems comprising inter-connected circuits.
Training - In accordance with clause 2.4, Training, of
Part 2 - Contract of Employment, etc., an employee may, over time, be provided
with a structured program of training that will allow them to competently
perform work at higher levels.
Progression - An employee may progress to a higher
level on the basis of being able to competently perform the skills to work at
the higher level and on being selected for a position when a position at that
level becomes available.
(l) Tradesperson
Level 5, Advanced Electronics - A Tradesperson Level 5 Advanced Electronics is
a person who is engaged in applying their knowledge and skills to the task of
installing, repairing, maintaining, servicing, modifying, commissioning,
testing, fault finding and diagnosing various forms of machinery and equipment which
are electronically controlled by complex digital and/or analogue control
systems utilising integrated circuitry.
The application of this skill and knowledge would require an overall
understanding of the operating principles of the systems and equipment on which
the tradesperson is required to carry out their tasks.
Duties - An employee at this level must be capable of:
maintaining and repairing multi-function printed
circuitry using circuit diagrams and test equipment;
providing technical guidance within the scope of the
work at this level;
preparing reports of a technical nature on specific
tasks or assignments as directed and within the scope of the work described in
this definition.
Responsibility - An employee at this level will work
autonomously, be responsible for quality control of their own work and may
exercise supervision of others in related or similar work.
Qualification - A Tradesperson Level 5 Advanced
Electronics employee must have at least three years on-the-job experience as a
tradesperson in electronic systems utilising integrated circuits and, in
addition, must have satisfactorily completed a post-trades course in
electronics equivalent to at least two years' part-time study.
(2) For the
purposes of this clause, the following words shall bear the stated meaning:
(a) "Attend
to" includes monitoring, inspection and basic operation of fixed plant
items such as crushers and conveyors.
(b) "Maintain"
includes cleaning up, adjustments and retensioning, using selected hand tools
and simple butt and spot welding and oxy-acetylene cutting.
(c) "Service"
includes greasing, changing oil, adjusting pressures, changing filters,
changing tyres.
(d) "Routine
mechanical repairs" includes replacement of V-belts, conveyor idlers,
crusher manganese, scree cloths, pump impellors and liners and pipe sections.
(e) "Simple
processing plant" means a simple fixed or portable processing plant
operated by an operator who relies on automatic and/or semi-automatic controls
and remote indicators to monitor and control the plant's output.
The operator is required to perform the major and
substantial portion of his/her function within a control room but will, from
time to time, perform functions outside the control room.
(f) "Complex
processing plant" means a complex processing plant operated by an operator
who is required to monitor and control the complete plant's operation by such
means as remote indicators and automatic and/or semi-automatic controls.
In addition to the system, the operator must have the
responsibility of monitoring and controlling at least one further function,
such as tipping control, loading out facilities, stock-piling control or
similar functions. The operation is
such that the control room cannot generally be left unattended.
(g) "Sophisticated,
computer managed 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) For the
purposes of this clause, the "Plant Groupings" are:
(a) Group A -
Simple Processing Plant;
Motor Vehicle Class 3A and 3B.
(b) Group B -
Wheel and Tracked Loaders up to and including 220 kW;
Tracked Dozers up to and including 220 kW;
Motor Graders;
Mobile Cranes;
Dredges;
Complex fixed or portable processing plant.
(c) Group C -
Excavator up to and including 3.0 m3;
Face Shovel up to and including 3.0 m3;
Dragline up to and including 3.0 m3;
Dump Truck over 12 t and up to and including 25 t
capacity;
Motor Scraper
over 12 t and up to and including 25 t capacity;
Off Highway Water Carts;
Wheel or Tracked Loader over 220 kW and up to and
including
450 kW (not employed at a hard rock face);
Tracked Dozer over 220 kW and up to and including 450
kW (not employed at a hard rock face);
Air Drill;
Hydraulic Drill up to and including 95 kW;
Sophisticated, computer managed processing plant.
(d) Group D -
Wheel and
Tracked Loaders over 220 kW and up to and including 450 kW (employed at
a hard rock face);
Tracked Dozer over
220 kW and up to and including 450 kW (employed at a hard rock face);
Dump Truck over 25 t and up to and including 75 t
capacity;
Motor Scraper over 25 t and up to and including 75 t capacity;
Hydraulic Drill over 95 kW.
(e) Group E -
Excavators over 3.0 m3;
Face Shovels over 3.0 m3;
Dragline over 3.0 m3;
Dump Truck over 75 t capacity;
Wheel Loaders over 450 kW;
Tracked Dozers over 450 kW.
(4) The minimum
weekly rates of pay to be paid to employees as classified in subclause (1) of
this clause are set out in Table 1 - Wages, of Part 7 - Monetary Rates.
(5) Additions to
Wage Rates - The allowances prescribed in paragraphs (a) and (b) of this
subclause shall be treated as part of the employee's ordinary wage for all
purposes of the award:
(a) In Charge of
Plant Allowance (as defined) - the amount per week as set out in Item 1 of
Table 2 - Other Rates and Allowances, of Part 7.
(b) Leading Hand
Allowance (as defined) - in charge of:
2-5 employees - the amount set out in Item 2 of Table
2.
6-10 employees - the amount set out in Item 3 of Table
2.
11-20 employees - the amount set out in Item 4 of Table
2.
More than 20 employees - the amount set out in Item 5
of Table 2.
(6) Additions to
Wage Rates, Tradesperson Level 1 to Level 5 (Inclusive) Only - The allowances
prescribed in paragraphs (a) to (d) of this subclause shall be paid
irrespective of the times at which the work is performed, and shall not be
subject to any premium or penalty additions.
(a) Confined
Spaces - Employees working in confined spaces (as defined) shall be paid the
amount set out in Item 6 of Table 2, of Part 7.
(b) Dirty Work -
Employees performing work which the supervisor and employee shall agree is of
an unusually dirty or offensive nature, shall be paid the amount set out in
Item 7 of the said Table 2.
(c) Height Money -
Employees engaged in the construction, erection, repair and/or maintenance, as
the case may be, of steel frame buildings, bridges or other structures at a
height in each case of 15 metres or more directly above the nearest horizontal
plane shall be paid as set out in Item 8 of Table 2.
(d) Hot Places -
Employees working for more than one hour in the shade in places where the
temperature is raised by artificial means to between 46 and 54 degrees Celsius
shall be paid as set out in Item 9 of Table 2; in places where the temperature
exceeds 54 degrees Celsius, employees shall be paid as set out in Item 10 of
Table 2. Where work continues for more
than two hours in temperatures exceeding 54 degrees Celsius, employees shall
also be entitled to a 20-minute rest after every two hours work without
deduction of pay. The temperature shall
be decided by the manager after consultation with the employees who claim the
extra rate.
14. Delete clause
3.3, Tools, and insert in lieu thereof the following:
(1) Tools -
Tradesperson Levels 1-5 inclusive shall be paid an allowance per week as set
out in Item 11 of Table 2 - Other Rates and Allowances, of Part 7 - Monetary
Rates, for supplying and maintaining tools ordinarily required in the
performance of their work as tradespersons.
(2) All tools required by Operator Levels 1-7 inclusive shall be
provided free of charge by the employer.
15. Delete clause
3.6, Call Out, and insert in lieu thereof the following:
3.6 Lime Making Classifications
Employees covered by this award pursuant to clause 1.5 (b)
shall be classified and paid in accordance with Table 1B - Lime Making Wages.
16. Delete the
word "quarry" appearing in subclauses (2) and (3) of clause 4.1,
Hours of Work - Day Workers, and insert in lieu thereof the word
"workplace".
17. Delete the
word "establishment" appearing in paragraph (a) of subclause (1) of
clause 4.2, Working of a 38 -hour Week, and insert in lieu thereof the word
"workplace".
18. Delete the
word "any quarry" appearing in paragraph (e) of subclause (1) of
clause 4.2, Working of a 38 -hour Week, and insert in lieu thereof the words
"the workplace".
19. Delete the
word "quarry" appearing in paragraph (c) of subclause (2) of clause
4.3, Shift Work, and insert in lieu thereof the word "workplace".
20. Delete the
word "establishment" wherever appearing in subclause (4) of clause
4.3, Shift Work, and insert in lieu thereof the word "workplace".
21. Delete the
word "quarry" appearing in subclause (2) of clause 4.6 Sundays and
Holidays, and insert in lieu thereof the word "workplace".
22. Delete the
word "quarry" wherever appearing in subclause 6.1 Delegates, and
insert in lieu thereof the word "workplace".
23. Delete
subclause (1) of clause 6.9 Anti-Discrimination, and insert in lieu thereof the
following:
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, to prevent and eliminate discrimination in the workplace on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity age and responsibilities as a carer.
24. Delete the
words "Quarry Worker" wherever appearing in Table 1A - Wages of Part
7 - Monetary Rates and insert in lieu thereof the word "Operator".
25. Delete the
words "Quarry Tradesperson" wherever appearing in Table 1A - Wages of
Part 7 - Monetary Rates and insert in lieu thereof the word
"Tradesperson".
26. This variation
shall take effect from the first full pay period to commence on or after 22
August 2003.
P. J. STAUNTON J.
____________________
Printed by
the authority of the Industrial Registrar.