ROCLA, ADELAIDE BRIGHTON AND TRANSPORT WORKERS' UNION INTERIM AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notification under section 130 by the Transport Workers' Union of New South Wales of a dispute with Rocla Concrete Pipes Pty Ltd trading as Rocla Concrete Materials, and another re transfer of employees.

 

(No. IRC 3780 of 2003)

 

 

AWARD

 

The Industrial Relations Commission of New South Wales makes an Interim Award in the following terms:

 

1.          This award shall be binding upon Rocla, Adelaide Brighton and the TWU.

 

2.          By no later than the close of business on 1 August 2003 Rocla shall provide all Employees with the following information relating to their employment conditions with Rocla:

 

current rate of pay;

 

current grade/classification;

 

long service leave accrual;

 

annual leave accrual;

 

sick leave accrual;

 

accrued rostered days off; and

 

commencement date.

 

In the event that agreement as to the correctness of the information referred to in this clause cannot be reached, the matter shall be referred to the Industrial Relations Commission of New South Wales for determination.  Following determination by the Commission, Rocla and Adelaide Brighton shall provide the relevant Employee with a consolidated statement containing to the information as at the Transfer Date within seven days.

 

3.          Adelaide Brighton shall offer to employ all Transferring Employees on terms and conditions no less favourable than those upon which they were engaged in their employment with Rocla immediately prior to the Transfer Date, including the Rocla Redundancy Agreement.

 

4.          Adelaide Brighton shall recognise all service related entitlements of Transferring Employees accrued with Rocla up to the Transfer Date.

 

5.          Adelaide Brighton shall, in respect of Transferring Employees, recognise the length of continuous service with Rocla (including continuous service with any entity which was purchased or acquired by Rocla, provided service with such entity is recognised by Rocla as continuous service with Rocla) for the purposes of all service related entitlements, and from the Transfer Date all such continuous service by Transferring Employees with Rocla prior to the Transfer Date shall be deemed to be continuous service with Adelaide Brighton for all purposes including calculating entitlements under an industrial instrument or industrial relations legislation.

 

6.          In the event of Adelaide Brighton terminating the employment of any of the Transferring Employees after the Transfer Date by reason of redundancy the length of service for the purpose of calculating the redundancy payment shall be the aggregate of the period of continuous service recognised by Rocla at the Transfer Date pursuant to clause 5 of this award and the period of service that the Transferring Employee has had with Adelaide Brighton from the Transfer Date until the date of termination, save that Adelaide Brighton shall not be required to make redundancy payments in respect of any period of employment with Rocla (or any entity which was purchased or acquired by Rocla) for which a redundancy payment has previously been paid by Rocla (or any entity which was purchased or acquired by Rocla).

 

7.          Adelaide Brighton and the TWU shall, in respect of each Transferring Employee, observe the terms and conditions of the Transport Industry (State) Award published 20 April 2000 (315 I.G. 192) and the Transport Industry - Redundancy (State) Award published 8 September 2000 (318 I.G. 458)  (whether expired or not), which were applicable to the Transferring Employee immediately prior to the Transfer Date.

 

8.          For the purpose of this award the following definitions shall apply:

 

"Employees" shall mean employees of Rocla who are members or eligible to be members of the TWU and to whom the Transport Industry (State) Award and the Transport Industry - Redundancy (State) Award to which the TWU are a party apply and are offered employment by Adelaide Brighton effective on and from the Transfer Date under the terms of the Sale of Business Agreement Pozzolans and Transport dated 18 July 2003 entered into between Rocla, Adelaide Brighton, Adelaide Brighton Cement Limited and Adelaide Brighton Limited.

 

"Transferring Employee" means each Employee of Rocla currently providing services to Rocla who is offered and accepts employment with Adelaide Brighton on the bases set out in this award.

 

"Adelaide Brighton" shall mean Adelaide Brighton Transport Pty Ltd (ACN 105 552 323).

 

"TWU" shall mean the Transport Workers' Union of New South Wales.

 

"Rocla" shall mean Rocla Pty Ltd (ACN 31 000 032 191) and all subsidiaries of Rocla.

 

"Transfer Date" means 8 August 2003.

 

9.          All Employees who are offered employment by Adelaide Brighton in accordance with this award shall be deemed to have had suitable alternative employment obtained for them by Rocla and shall not be entitled to be paid any severance pay as prescribed in any award, agreement or order of the Commission or otherwise as a consequence of ceasing to be an employee of Rocla.

 

10.        In the event of a dispute arising between the parties in relation to the provisions of this award, the parties agree that the dispute will be referred to the Industrial Relations Commission of New South Wales for determination.

 

11.        This award will commence operating from 30 July 2003 and will have a nominal term of 12 months and shall cease to apply at the end of that nominal term.

 

 

 

D. S. McKENNA, Commissioner.

 

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Printed by the authority of the Industrial Registrar.