QCM (OZROCK) PTY LTD AND AUSTRALIAN WORKERS' UNION, PORT KEMBLA (STATE)
AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by QCM Pty
Ltd.
(No. IRC 4030 of 2003)
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Before Mr Deputy
President Grayson
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24 July 2003
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AWARD
Clause No. Subject Matter
1. General
2. Purpose
3. Scope
4. References
5. Definitions
6. Award
6.1 Administration
6.2 Terms of Employment
6.3 Remuneration
6.4 Hours of Work
6.5 Overtime and Meals
6.6 Public Holidays
6.7 Annual Leave
6.8 Representative
6.9 Resolution of Issues
7. Document
Authorisation
8. Classification
9. Casual
Employees
10. Training
Rates
11. Mixed
Functions
12. Hours Of
Duty
13. Shift Work
Allowances for Shift Workers
14. Saturday
Rates for Shift Workers
15. Night Work
for Day Workers and Day Shift Workers
16. Transfer
of Day Workers from Day Work to Shift Work
17. Transfer
of Shift Workers
18. Overtime
19. Requirement
to Work in Accordance with the Needs of the Industry
20. Holidays
21. Sunday and
Holiday Rates
22. Maximum
Payment
23. Employees
Presenting Themselves for Work and Not Required
24. Sick Pay
25. Annual
Leave
26. Days Added
to the Period of Annual Leave or Long Service Leave
27. Long
Service Leave
28. Jury
Service
29. Compassionate
Leave
30. Contract
of Employment
31. Automation
32. Retrenchment
33. Retention
Rate
34. Definitions
35. Time and
Payment of Wages
36. Shop
Delegates or Stewards
37. Procedure
for Resolving Claims, Issues and Disputes
38. Maternity
Leave
39. Clothing
and Footwear
40. Area, Incidence
and Duration
42. Personal/Carer's
Leave
43. Anti-Discrimination
Appendix 1 - Wages
1.
General
This award, made on 24 July 2003 pursuant to section 11 of
the Industrial Relations Act 1996, is
between QCM Pty Ltd. (the Company) and The Australian Workers’ Union, New South
Wales (the Union)
2.
Purpose
The purpose of this document is to describe the working
relationship between the manager and operators of the Rocky Lite Plant, to
ensure a balanced, comprehensive, integrated approach is taken to achieve
safety, quality and productivity.
3.
Scope
This award applies to all operators (members of The
Australian Workers’ Union, New South Wales) employed at the RLP.
4.
References
RL.03.01 Position Description.
5.
Definitions
RLP - Rocky Lite Plant
AWU - The Australian Workers’ Union, New South Wales
6.
Award
6.1 Administration
This award will operate from 1 December 2002 and will
continue in force until 1 December 2004.
Authorisation of the award will be by the Manager and the AWU Branch
Secretary.
6.2 Terms
of Employment
6.2.1 Employment of
operators will be by the week.
6.2.2 Employment can
be terminated by either party on one week's notice. Where the manager terminates an operator, one week's salary in
lieu of notice can be paid. Where the
operator leaves without notice, they forfeit one week's salary.
6.3 Remuneration
6.3.1 Salary will be
paid into bank account(s) fortnightly as nominated by the operator.
6.3.2 The following
base salaries are applicable:
Refer Appendix 1
6.3.3 Operators will
be covered by an accredited superannuation fund.
6.4 Hours
of Work
6.4.1 Hours of work
will be mutually agreed between the manager and operators, taking due account
of the needs of the business. The hours
will be based on an average of 38 ordinary hours per week, to be worked Monday
to Friday.
6.4.2 Operators will
maintain their own rosters for accomplishing work required in the agreed hours
of work.
6.4.3 Operators
required to work regular afternoon or night shift will be entitled to an
allowance of 15% of base salary.
6.5 Overtime
and Meals
6.5.1 All work
performed outside the agreed working hours (except Sundays and public holidays)
will be paid at the rate of time and a half for the first two hours and double
time thereafter. Sundays will be paid
at double time and public holidays at double time and one half.
6.5.2 When operators
work overtime and it extends beyond normal meal times, meals will be provided
by QCM.
6.5.3 The operators’
salary includes four hours' pre-paid overtime per week. This paragraph, whilst agreed, is on a
‘leave reserved’ basis to examine it through the life of the award should the
overtime situation change.
6.6 Public
Holidays
Public holidays are those gazetted in New South Wales.
6.7 Annual
Leave
Operators are entitled to four weeks' annual leave for
each year of service. A loading of 20%
of base salary will apply.
6.8 Representative
Operators shall elect a representative to act only as
the focal point for any required Union business. This representative is not the communication channel between the
manager and other operators.
6.9 Resolution
of Issues
Any issues not covered within or by this award are to
be resolved by the manager and operators.
If necessary, qualified, professional advice will be sought in order to resolve the issue.
7. Document Authorisation
This award has been signed for and on behalf of QCM and The
Australian Workers' Union, Port Kembla, South Coast & Southern Highlands
Branch, pursuant to the Industrial
Relations Act 1996 between QCM Pty Ltd (the Company) and The Australian
Workers' Union, New South Wales (the Union)
It has been agreed by the Company and the Union that this
award shall be called the QCM (OzRock) Pty Ltd. and Australian Workers’ Union,
Port Kembla (State) Award.
8. Classification
The parties to this award are committed to a classification
structure which will create a highly skilled workforce with a clearly defined
career path which is appropriate to the efficient conduct of the Company’s
business.
The parties recognise that, for the efficiency of the
business, employees shall work in accordance with flexible work practices,
including any work the employee is competent to perform within the agreed classifications/groupings
and that the employee will be paid for skills possessed and not for actual work
he or she performs.
9. Casual Employees
(i) Casual
employees are engaged by the hour
(ii) Casual
employees shall be paid for each hour worked, 1/38th of the appropriate weekly
wage prescribed by Appendix 1, plus 25%.
10. Training Rates
(i) Employees,
during training, shall be paid at the rate immediately below that for which
they are training.
(ii) Training periods
are not to exceed 30 full working days.
11. Mixed Functions
(i) An employee
who is required to do work carrying a higher rate than his ordinary
classification for two hours or more on any day or shift shall be paid at the
higher rate for the whole of the day or shift.
(ii) Subject to
subclause (i) of this clause, an employee who on any day or shift is required
to do work of a higher paid classification for at least one hour shall be paid
the rate prescribed for such work whilst so engaged.
12. Hours of Duty
(i) All Employees
Ordinary working hours shall be an average of 38 hours
per week over the full cycle of the relevant work roster. Ordinary working hours shall not exceed:
(a) Eight during
any consecutive 24 hours; or
(b) 152 in 28 consecutive
days
except in the case of rostering arrangements which
provide for the weekly average of 38 ordinary hours to be achieved over a
period which exceeds 28 consecutive days.
The starting and finishing times of ordinary work and
shifts shall be determined by the Company and may be varied by consultation
with employee representatives.
(ii) Day Workers
(a) Ordinary
working hours shall be worked Monday to Friday inclusive, between the hours of
6.00am and 6.00pm.
(b) On each day
worked, Monday to Friday inclusive, not less than 30 minutes nor more than 45
minutes shall be allowed to day workers for a meal and, except in the case of
urgent breakdown work necessary to secure an immediate resumption of
operations, shall be allowed between the hours of 11.30am and 1.20pm.
(iii) Shift Workers
20 minutes shall be allowed each shift for crib which
shall be counted as time worked.
13. Shift Work
Allowances for Shift Workers
(i) Shift workers
shall be paid, in addition to the rates payable under this award, shift work
allowances.
(a) Shift workers
whilst working rotating shifts (day shift, night shift, afternoon shift), with
regular weekly changes - at the rate of $35.10 per 38-hour week in respect of
all shifts worked.
Provided that each such rotating shift worker, when
engaged under a roster system which does not provide for at least one-third of
his working time in the full cycle of the roster being on day shift, shall be
paid an additional shift allowance at the rate of $23.00 per 38-hour week in
respect of each of any number of afternoon and/or night shifts more than two
thirds of his working time in the roster worked by him.
Provided further that working time on day shift shall,
if necessary, include shifts rostered off on day shift not exceeding an average
over the full cycle of the roster of one per week.
(b) Adult shift
workers whilst working shift work which involves regular weekly changes as
follows:
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Shift
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Rate per 38-hour week
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|
|
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$
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(1)
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day shift, night shift
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35.10
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(2)
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day shift, afternoon shift
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29.30
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(3)
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day shift, day shift, afternoon shift
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29.30
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(4)
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day shift, day shift, night shift
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29.30
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(c) Junior shift workers
when working under any of the shift systems set out in paragraph (b) of this
subclause - at the rate of $35.10 per 38-hour week.
(d) Adult shift
workers whilst working shift work on shift systems as follows:
(1) night shift,
afternoon shift
(2) night shift
only
(3) afternoon
shift only
at the rate of $46.90 per 38 hour week.
(e) Shift workers
who work any after noon or night shift other than under the shift systems set out
in subparagraphs (a), (b) and (d) of this subclause, and are not paid in
respect of any day shift worked shall be paid at the rate of $13.90 per shift
for each afternoon or night shift worked.
(ii) ‘Night Shift’
means any shift finishing subsequent to midnight and at or before 8.00am and
‘Afternoon Shift’ means any shift finishing after 6.00pm and at or before
midnight.
(iii) A shift shall
be determined as being a Saturday, Sunday of public holiday if the major
portion of that shift is worked on that day.
14. Saturday Rates
for Shift Workers
Shift workers for their ordinary shift of eight hours
performed on Saturday shall be paid at the rate of time and a half.
15. Night Work for
Day Workers and Day Shift Workers
(i) Subject to
clause 22, Maximum Payment, of this award, but otherwise notwithstanding
anything contained herein:
(a) a day worker
who is required in lieu of ordinary day work; or
(b) a day shift
worker who is required in lieu of a day shift on which he would ordinarily be
rostered
to work at night for periods of not less that eight
hours on less than five consecutive nights or on less than four consecutive
nights when the fifth night is his 38-hour week rostered off night shall be
paid at the rate of time and one half of the ordinary rate of pay under
Appendix 1 of this award, or the corresponding clause of a Federal award,
except:
(c) on Saturdays,
Sundays, 38-hour week rostered off days and holidays; and
(d) in respect of
any night of which he has not been given at least 48 hours’ notice
when he shall be paid at overtime rates for day
workers. No shift allowance is payable
in respect of night work under this clause.
(ii) In this
clause ‘night’ means any hours between 4.00pm and 6.00am, and ‘day shift workers’
means a shift worker employed on a shift system involving day shift only.
16. Transfer of Day
Workers from Day Work to Shift Work
Day workers may be employed as and become shift workers for
a period of not less than five shifts or not less than four shifts when the
fifth shift is his 38-hour week rostered off shift and shall be paid
accordingly.
Provided that an employee shall be paid overtime rates for
any shift upon which he is employed as a shift worker under this clause in
respect of which he has not been given at least 48 hours’ notice.
17. Transfer of Shift
Workers
A shift worker is who is required to work on a shift other
than the shift on which he would ordinarily be rostered shall be paid at
overtime rates for any such shift in respect of which he has not been given at
least 48 hours’ notice.
This provision shall not apply when the employee reverts to
the shift on which he would ordinarily have been rostered.
18. Overtime
(i) Day Workers
(a) Day workers
for all time worked in excess of or outside the ordinary working hours and
times prescribed by this award shall be paid at the rate of time and one half
for the first two hours and at the rate of double time thereafter.
(b) Except in the
case of urgent breakdown work necessary to secure an immediate resumption of
operations, overtime shall be paid for all time worked in excess of five hours
without a meal break.
(ii) Shift Workers
For all time worked:
(a) in excess of the
ordinary working shift hours prescribed by this award; or
(b) on more than
11 shifts in 12 consecutive days; or
(c) on a rostered
shift off; or
(d) in excess of
five and one half hours without a crib break
shall be paid at the rate of time and one half for the
first two hours and at the rate of double time thereafter. This clause shall not apply when the time is
worked:
(1) by arrangement
between the employees themselves; or
(2) for the
purpose of effecting the customary rotation of shifts.
(iii) General
(a) When overtime
work is necessary, it shall, wherever reasonably practicable, be so arranged
that employees have at least eight consecutive hours off duty between work of
successive days. An employee who works
so much overtime between the termination of his ordinary work on one day and
the commencement of his ordinary work on the next day that he has not had at
least eight consecutive hours off duty between those times shall, subject to
this subclause, be released after completion of such overtime until he has had
eight consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence. If on
the instructions of the Company such an employee resumes or continues working
without having had eight consecutive hours off duty, he shall be paid at double
rates until he is released from duty for such period and he then shall be
entitled to be absent until he has had eight consecutive hours off duty,
without loss of pay, for ordinary working time occurring during such period.
Where, immediately after taking an eight-hour rest period pursuant to this
subclause, an employee is required to report for work at other than his
ordinary day or shift commencing time and reasonable means of transport are not
available to him, the Company shall convey him or supply him with conveyance to
the works.
(b) A day worker
required to work on a Saturday, Sunday, a 38-hour week rostered day off, or a
holiday, or a Monday to Saturday shift worker required to work on a Sunday, a
38-hour week rostered day off, or a holiday, shall be paid for a minimum of
four hours’ work. Provided that an
employee recalled from his home to work overtime shall be paid for a minimum of
four hours’ work. Where the actual time
worked is of shorter duration than the applicable minimum specified in this
paragraph, the working period shall not be regarded as overtime for the purpose
of paragraph (a) of this subclause.
(c) An employee
required to continue at work on overtime for more than one and a half hours
after his ordinary ceasing time without having been notified before leaving his
work on the previous day that he would be required to work overtime shall, at
the employee’s option:
(1) be provided,
free of cost, with a suitable meal and another meal for each subsequent meal
break into which the work extends; or
(2) be paid $7.30
for each meal.
(d) If an
employee, pursuant to notice, has provided a meal and is not required to work
overtime or is required to work for less than one and a half hours, he shall be
recompensed suitably for the meal which he has provided but which is surplus.
(e) A fraction of
a quarter of an hour of overtime shall count as a quarter of an hour if more
than five minutes thereof have been worked.
(f) Where an
employee working overtime finishes work at a time when reasonable means of
transport are not available to him the Company shall:
(1) within a
reasonable time convey him or supply him with conveyance to:
(a) a reasonable
distance from his home; or
(b) a place to
which he usually travels by public conveyance when returning home from work; or
(c) a place from
which he can, within a reasonable time, obtain public conveyance to reasonable
distance from his home or the place to which he usually travels by public
conveyance when returning home from work, or
(2) pay him his
current rate of pay for the time reasonably occupied in reaching his home.
(g) An employee
who is recalled from his home to work overtime shall, at the employee’s option:
(1) be provided,
free of cost, with a suitable meal for each normal meal break falling during
the overtime for which he was called out; or
(2) be paid $7.30
for each such meal.
(iv) For the
purposes of this clause, a recall from home to work overtime takes place when
an employee is notified at home of the requirement to return to work.
19. Requirement to
Work in Accordance with the Needs of the Industry
(i) For the
purpose of meeting the needs of the industry, the Company may require and employee
to work reasonable overtime, including work on a Sunday and a holiday, at the
rate prescribed by this award and, unless reasonable excuse exists, the
employee shall work in accordance with such requirement.
(ii) Subject to
clause 16, Transfer of Day Workers from Day Work to Shift Work, and clause 17,
Transfer of Shift Workers, of this award, for the purpose of meeting the needs
of the industry the Company may require any employee to transfer from one
system of work to another system of work prescribed by this award at the rate
applicable thereto and, unless reasonable cause exists, an employee shall
transfer in accordance with such requirement.
20. Holidays
(i) The days on
which New Year’s Day, Good Friday, the Saturday following Good Friday, Easter
Monday, Anzac Day, Queen’s Birthday, the local Eight-hour Day, Christmas Day
and Boxing Day and the picnic day of The Federal Ironworkers’ Association of
Australia, Port Kembla Branch, if any, are observed and special days appointed
by proclamation as public holidays throughout the State shall be holidays and
day workers and Monday to Saturday shift workers not required to work on a
holiday shall be paid for the holiday at the ordinary rates of pay under
Appendix 1.
(ii) This
provision for payment does not apply to:
(a) employees
whose rostered shift off falls on a holiday (subject to the provisions of
paragraph (b) of subclause (ii) of clause 26, Days Added to the Period of
Annual Leave or Long Service Leave, of this award);
(b) employees
absent without leave or reasonable excuse on the working day preceding or the
working day succeeding a holiday.
21. Sunday and
Holiday Rates
(i) Employees
shall be paid at the rate of double time for all work done on Sundays and at
the rate of double time and one half for all work done on the holidays
prescribed by this award.
22. Maximum Payment
(i) Shift
allowance and special rates shall not be subject to any premium or penalty
additions.
(ii) All rates
prescribed by this award shall not exceed double the rate prescribed by
Appendix 1 of this award, provided that this subclause shall not apply to any
excess due to payments under clause 13, Shift Work Allowance for Shift Workers,
or clause 21, Sunday and Holiday Rates (in respect of work done on holidays) of
this award.
23. Employees
Presenting Themselves for Work and Not Required
Subject to the provisions of clause 30, Contract of
Employment, of this award, an employee who presents himself for his ordinary
work without notice that he will not be required shall be paid at least four
hours’ pay.
24. Sick Pay
(i) An employee
who is unable to attend for duty during his ordinary working hours by reason of
personal illness or personal incapacity not due to his own serious and wilful misconduct
shall be entitled to be paid at ordinary time rates of pay and which would have
been payable if he had attended for duty, for the time of such non-attendance
subject to the following:
(a) he/she shall
not be entitled to be paid leave of absence for any period in respect of which
he/she is entitled to workers’ compensation;
(b) he/she shall,
within 24 hours of commencement of such absence, inform the Company of his/her
inability to attend for duty and, as far as possible, state the nature of the
illness or incapacity and the estimated duration of the same;
(c) any absence
for which payment under this clause is claimed will require a medical
certificate as proof of illness or injury;
(d) he/she shall
not be entitled in respect of any year of continued employment to sick pay for
more than the number of ordinary working hours specified in paragraph (e) of
this subclause. Any period of paid sick
leave allowed by the Company to an employee in any such year shall be deducted
from the period of sick leave which may be allowed of may be carried forward
under this award in or in respect of the earliest year of employment for which
the employee has an accumulated of accrued right;
(e) the number of
ordinary working hours referred to in paragraph (d) of this subclause shall be:
(1) in the case of
an employee with less than one year's continued employment: 40
(2) in the case of
an employee with one or more year’s continued employment: 80
(ii)
(a) The rights
under this clause shall accumulate from year to year so long as the employment
continues with the Company, whether under this or any other award, so that any
part of the number of ordinary working hours specified in paragraph (e) of
subclause (i) of this clause which has not been allowed in any year may be
claimed by the employee and shall be allowed by the Company, subject to the
conditions prescribed by this clause, in a subsequent year of such continued
employment.
(iii) In the case
of an employee who otherwise is entitled to payment under this clause but who,
at the time the absence concerned, has not given three months’ continuous
service in his current employment with the Company, the right to receive
payment shall not arise until he has given such service.
(iv) For the
purpose of this clause, continuous service shall be deemed not to have been
broken by:
(a) any absence
from work on leave granted by the Company; or
(b) any absence
from work by reason of personal illness, injury or other reasonable cause, proof
whereof shall be in each case be upon the employee;
provided that any time so lost shall not be taken into
account in computing the qualifying period of three months.
25. Annual Leave
(i) Day workers
and Monday to Saturday shift workers:
For annual leave provision, see Annual Holidays Act 1944.
(ii) Shift workers
whose working period includes Sundays and holidays as ordinary working days:
(a) In addition to
the benefits provided by section 3 of the Annual
Holidays Act 1944, with respect to an annual holiday of four weeks, an
employee who, during the year of his employment with the Company with the
respect to which he becomes entitled to the said annual holiday of four weeks,
gives service to the Company as a seven-day shift worker, shall be entitled to
the additional leave as below specified:
(1) If during the
year of his employment he has served the Company continuously as such seven-day
shift worker, the additional leave with respect to that year shall be one week;
(2) Subject to
subparagraph (4) of this paragraph, if during the year of his employment he has
served for only portion of it as such seven-day shift worker, the additional
leave shall be one day for every 33 ordinary shifts worked as a seven-day shift
worker;
(3) Subject to the
said subparagraph (4), an employee shall be paid for such additional leave at
the annual leave rate of pay, for the number of ordinary hours of work for
which such employee would have been rostered for duty during the period of
additional leave had such employee not been on such additional leave;
(4) Where the
additional leave calculated under this subclause is or includes a fraction of a
day, such fraction shall not form part of the leave period and any such
fraction shall be discharged by payment only.
(5) In this clause
reference to one week and one day includes holidays and non-working days.
(b) Where the
employment of a worker has been terminated and he thereby becomes entitled
under section 4 of the Annual Holidays
Act 1944 to payment in lieu of an annual holiday with respect to a period
of employment, he also shall be entitled to an additional payment of three and
one half hours at the annual leave rate of pay with respect to such 21 shifts
of service as such seven-day shift worker which he has rendered during such
period of employment.
(iii) Monday to
Saturday shift workers who are regularly rostered for duty on Saturdays as
ordinary working days:
In addition to the benefits provided by section 3 of
the Annual Holidays Act 1944, with regard
to an annual holiday of four weeks, an employee who, during the year of his
employment with the Company with respect to which he becomes entitled to the
said annual holiday of four weeks, gives service to the Company as a Monday to
Saturday shift worker who is regularly rostered for duty on Saturdays as
ordinary working days, shall be entitled to the additional leave as hereunder
specified:
(a) For every 13
Saturdays upon which the employee worked an ordinary shift as a Monday to
Saturday shift worker who is rostered for duty on Saturdays as ordinary working
days, the additional leave with respect to that year shall be one day.
(b) Where the
additional leave calculated under this subclause is or includes a fraction of a
day, such fraction shall not form part of the leave period and any such
fraction shall be discharged by payment only.
(iv) All Employees
- Annual Leave Loading
(a) In respect of
a period of annual leave an employee shall be paid a loading, namely 20%, or
(1) His ordinary
pay pursuant to the Annual Holidays Act
1944 and, where applicable, his annual leave rate of pay pursuant to this
clause and clause 24, Days Added to the Period of Annual Leave or Long Service
Leave, of this award; or
(2) The sum of his
award rate of pay for ordinary time at the commencement of his annual leave as
prescribed by Appendix 1, provided that an employee who would have worked on
shift work had he not been on annual leave shall be paid whichever is the
greater of the said loading, or the shift work allowance pursuant to clause 13,
Shift Work Allowances for Shift Workers, and the weekend penalty rates pursuant
to clause 14, Saturday Rates for Shift Workers, and (in respect of Sundays
only), clause 21, Sunday and Holiday Rates, that would have been payable to him
in respect of ordinary time during his period of annual leave had he not been
on annual leave.
(b) The loading
prescribed by this subclause shall apply to payment in lieu of a fully due
annual holiday on termination of employment, but shall not apply to
proportionate annual holiday payment on termination of employment.
26. Days Added to the
Period of Annual Leave or Long Service Leave
(i) In the case
of an employee who was, at the commencement of his annual leave or long service
leave, employed as a seven-day shift worker and whose working period includes
Sundays and holidays as ordinary working days, one day shall be added to his
annual leave or long service leave period in respect of any holiday prescribed
by this award which falls within the period of annual leave or long service
leave to which he is entitled under this award.
(ii) An employee
who is rostered off duty on a day which is a holiday prescribed by this award
and who is not required to work on that day shall:
(a) have one day
added to his annual leave or long service leave period; or
(b) by mutual
consent, be paid, in the pay for the period in which the holiday falls, for the
holiday at the rate payable pursuant to subclause (i) of clause 20, Holidays,
of this award.
This subclause shall not apply when the holiday falls:
(1) on a Saturday
or Sunday except in the case of employees employed as seven-day shift workers;
or
(2) on a Sunday in
the case of employees employed as Monday to Saturday shift workers who are regularly
rostered for duty on Saturdays as ordinary working days.
(iii) Any day or
days added shall be paid for at the annual leave rate of pay and in the case of
long service leave shall be paid for at the long service leave rate of pay.
(iv) Any day or
days added in accordance with subclauses (i) or (ii) of this clause shall be
the working day or working days immediately following the period of annual
leave of long service leave to which the employee is entitled under clause 25,
Annual Leave or clause 27, Long Service Leave, of this award.
(v) For the
purposes of subclause (iv) of this clause, working days shall be:
(a) In the case of
an employee who, at the commencement of his period of annual leave or long
service leave, was employed as a day worker - any day of the week, including a
day on which the employee concerned would have been rostered off duty if he
were not of annual leave or long service leave, but excluding a Saturday, a
Sunday, or a holiday prescribed by this award.
(b) In the case of
an employee who, at the commencement of his period of annual leave or long
service leave, as the case may be, was employed as a Monday to Saturday shift
worker - any day of the week other than a Sunday or a holiday prescribed by
this award including a day on which the employee concerned would have been
rostered off duty if he were not on annual leave or long service leave.
(c) In the case of
an employee who, at the commencement of his period of annual leave or long
service leave, as the case may be, was employed as a seven-day shift worker -
any day of the week, including a day on which the employee concerned would have
been rostered off duty if he were not on annual leave or long service leave.
(vi) Where the
employment of a worker has been terminated and he thereby becomes entitled
under section 4 of the Annual Holidays
Act 1944 to payment in lieu of an annual holiday with respect to a period
of employment, he also shall be entitled to an additional payment for each day
accrued to him under subclause (ii) of this clause, at the annual leave rate of
pay.
(vii) An employee
who is employed as a seven-day shift worker who:
(a) has a day
added to his annual leave or long service leave pursuant to subclauses (i) and
(ii) of this clause; and
(b) such a day
falls on a holiday prescribed by clause 20, Holidays, of this award, on which
the employee would have been rostered to work an ordinary shift were it not for
his entitlement to an added day,
shall be paid for such day, in addition to his
entitlement under subclause (iii) of this clause, at the rate prescribed by
subclause (i) of the said clause 20.
27. Long Service
Leave
13 weeks after ten years.
Pro rata after five years.
28. Jury Service
An employee required to attend for jury service:
(i) during ordinary
working hours; or
(ii) immediately
following an ordinary night shift or immediately preceding an ordinary
afternoon shift on which the employee is rostered to work and, as a result of
attending jury service, is not reasonably able to report for work on the night
shift or afternoon shift, as the case may be,
shall be reimbursed by the Company an amount equal to the
difference between the amount paid in respect of his attendance for such jury
service and his ordinary time rate of pay.
An employee shall notify the Company as soon as possible of
the date upon which he is required to attend for jury service. Further, the employee shall give the Company
proof of his attendance, the duration of such attendance and the amount
received in respect of such jury service.
29. Compassionate
Leave
An employee shall, on production of acceptable proof of the
death of a person prescribed for the purposes of personal/carer's leave in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 42, or of a step-parent,
parent-in-law or grandparent-in-law, be entitled on notice to compassionate
leave without deduction from ordinary wages for such a period not exceeding
five days as is reasonable in the circumstances.
Compassionate leave will not be granted if the period of
leave coincides with any period of paid leave.
Compassionate leave may be taken in conjunction with other
leave available under subclauses (2), (3), (4), (5) and (6) of the said clause
42.
30. Contract of
Employment
(i) Subject as
provided for elsewhere in this award, employment shall be on a weekly basis.
(ii) Employment of
employees on probation for the first eight weeks of service shall be from day
to day at the weekly rate fixed determinable at a day’s notice.
(iii) Employees shall
perform such work as the Company shall, from time to time, reasonably require
and an employee not attending for or not performing his duty shall, except as
provided by clause 24, Sick Pay, of this award, lose his pay for the actual
time of such non-attendance or non-performance.
(iv) Subject as
aforesaid, employment shall be terminated by a week’s notice on either side,
given at any time during the week, or by the payment of forfeiture of a week’s
wages, as the case may be. Where an
employee has given notice or has been given notice by the Company, he shall,
upon request, be granted leave of absence without pay for one day or shift
during the period of notice in order to look for alternative employment.
(v) Notwithstanding
the provisions of this clause, the Company shall have the right to suspend an
employee for refusal of duty, malingering, inefficiency, neglect of duty or
misconduct on the part of the employee and to deduct payment for any day or
portion of a day during which the employee is so suspended, provided that:
(a) No employee
shall be suspended before an adequate investigation of the circumstances of the
alleged offence has been made or, except in the case of a group suspension,
before he has had an opportunity to state his case and adduce witnesses to the
facts.
(b) Where the
superintendent is on duty, any decision as to the suspension of the employee
shall be made by him.
(c) Where no
superintendent is on duty in the department, a foreman may suspend an employee
for a period not exceeding the balance of the shift where the employee refuses
duty or where the foreman reasonable is of the opinion that the continued
presence of the employee on the plant would be likely to:
(1) constitute a
hazard either to the employee himself or to other employees or to plant and
equipment; or
(2) interfere with
normal and orderly functioning of the Company’s operations; or
(3) be prejudicial
to discipline.
(d) Where a
foreman suspends an employee, he shall arrange for the employee to be
interviewed by the superintendent not later than the commencement of the
employee’s next rostered shift of duty or at such other time as may be arranged
mutually and the superintendent after reviewing the case shall inform the
employee of his decision on the matter.
(e) An employee
shall be entitled to appeal against any decision of the superintendent but the
decision shall take effect pending the determination of the appeal.
(f) Superintendent
shall include:
(1) any officer
with authority higher than the
superintendent
(2) any officer
acting as a superintendent’s deputy in the absence of the superintendent.
(g) Group
suspension shall mean the suspension under this clause of a group of not less than
four employees who have refused duty or who have committed misconduct whilst
acting in concert.
(vi) This clause
shall not affect the right of the Company to deduct payment for any day during
which an employee cannot be employed usefully because of any strike or through
any breakdown of machinery or due to any cause for which the Company reasonably
cannot be held responsible.
(vii) This clause
shall not affect the right of the Company to dismiss an employee without notice
for refusal of duty, malingering, inefficiency, neglect of duty or misconduct
and in such cases wages shall be payable up to the time of dismissal only,
provided that:
(a) No employee
shall be dismissed without notice before an adequate investigation of the
circumstances of the alleged offence has been made.
(b) Any decision
as to the dismissal of an employee without notice shall be made by the
superintendent.
(c) When a
superintendent decides to dismiss an employee without notice, the
superintendent shall so tell the employee and give the employee the reasons for
the dismissal without notice.
(d) If immediately
following a dismissal without notice, the dismissed employee, or his delegate,
tells the superintendent that the dismissal will be contested:
(1) The dismissal
shall take effect seven calendar days from the time that the employee was told
of his dismissal; and
(2) During these
seven days, notwithstanding the provisions of subclause (v) of this clause, the
employee shall be suspended without pay.
(viii) Abandonment of
Employment
(a) The absence of
an employee from work for a continuous period exceeding three working days
without the consent of the employer and without notification to the employer
shall be prima facie evidence that the employee has abandoned his/her employment.
(b) Provided that,
if within a period of 14 days from his last attendance at work or the date of
his last absence in respect of which notification has been given of consent has
been granted, an employee has not established to the satisfaction of his
employer that he/she was absent for reasonable cause, he/she shall be deemed to
have abandoned his employment.
(c) Termination of
employment by abandonment in accordance with this subclause shall operate as
from the date of the last attendance at work or the last day’s absence in
respect of which notification was given to the employer, whichever is the
later.
31. Automation
(i) Notwithstanding
the provisions of clause 30, Contract of Employment, of this award where, on account
of the introduction or proposed introduction by the Company of mechanisation or
technological changes in the industry covered by this award, the Company
proposes to terminate the employment of an employee who has been employed by it
for the preceding 12 months, it shall give the employee three months’ notice of
the termination of his employment; provided that, if the employment of such
employee is terminated on that account and the Company fails to give such
notice in full:
(a) the Company
shall pay the employee at the ordinary rate of pay for the employee’s
classification in Appendix 1 of this award, for a period equal to the
difference between three months and the period of the notice given; and
(b) the period of
notice required by this clause to be given shall be deemed to be service with
the Company for the purpose of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of those Acts; and
provided further that the right of the Company to dismiss an employee for the
reasons specified in the said clause 30 shall not be prejudiced by the fact
that the employee has been given notice pursuant to this clause of the
termination of his employment.
(ii) Where the
Company proposes to introduce into the industry covered by this award
mechanisation or technological changes which will result in one or more
employees becoming redundant, the Company shall give notification in accordance
with this subclause at least six months before the introduction of such
mechanisation or technological changes and, if it is not practicable for the
Company to give such notifications at least six months before such
introduction, then the Company shall give the notifications as early as it is
practicable for the Company to give them.
The notification to be given in accordance with this
subclause are notifications in writing to the Industrial Registrar, the
Director of the Vocational Guidance Bureau, the Director of Technical and
Further Education and the State Secretaries of the relevant unions, of the
number of employees who may become redundant on account of the introduction or
proposed introduction of mechanisation or technological changes by the Company
in the industry covered by this award, and of their occupation and of the
approximate date when their employment is likely to terminate on account of
such introduction.
32. Retrenchment
This clause shall apply to collective dismissals by way of
retrenchment, whether made at the same time or over a period of time and where
the dismissals relate to circumstances affecting the employer’s enterprise and
not to the conduct of the employees.
(i) The following
payment shall be made by way of severance pay in addition to other pay
entitlements:
(a) Four weeks'
basic pay as defined in Appendix 1;
(b) Payments
related to age and service, according to the following table:
|
Age at the time of
termination
|
Less than 6 months
|
Benefit after 6
months'
|
|
|
|
continuous service
|
|
Under 45
|
No Payment
|
1.25 weeks’ basic pay
|
|
|
|
for each year of
|
|
|
|
continuous service, or
|
|
|
|
part thereof on a pro
|
|
|
|
rata basis.
|
|
45 or older
|
No Payment
|
1.5 weeks’ basic pay for
|
|
|
|
each year of continuous
|
|
|
|
service, or part thereof
|
|
|
|
on a pro rata basis.
|
(ii) With the
respect to retrenchments other than those falling within subclause (i) of this
clause:
(a) the Company is
obliged to inform the unions party to the award and the Company’s employees who
may be affected by any retrenchments, as soon as the Company becomes aware that
the retrenchments are necessary, of the facts and circumstances of the proposed
retrenchments;
(b) notwithstanding
anything elsewhere in this award, four weeks’ notice in writing of dismissal
shall be given to any persons being dismissed under this clause, or four weeks’
pay on lieu of notice made;
(c) where the said
four weeks of notice are required to be worked out, the employee shall be
entitled to one day’s leave with pay in each of the four weeks to enable him to
look for alternative employment;
(d) the following
payments shall be made by way of severance pay in addition to any other pay
entitlements:
(1) four weeks’
basic pay as defined;
(2) payments
related to age and service, according to the table set out in paragraph (b) of
subclause (i) of this clause.
(iii) Nothing in this
clause shall require the payment of any sums by way of severance pay where the
employee retrenched has less than six months’ continuous service.
(iv) This clause
shall not apply to the termination of employment on account of the introduction
of mechanisation or technological change.
33. Retention of Rate
(1) Where, as a
result of the rationalisation of the Company’s operations, the introduction of
technological change or changes in work practices and employee is appointed to
a classification or classifications which receive lower earnings than did his
classification immediately prior to the appointment or the first appointment
("the previous classification"):
(a) if the
employee has two or more years’ continuous service with the Company, he shall retain
the rate of pay applicable to the previous classification subject to the
following adjustments:
(i) in the first
and second years after the date of his appointment, all changes in pay
applicable to the pervious classification;
(ii) in the third
year after the date of appointment, half of any changes in pay applicable to
the previous classification;
(iii) thereafter,
no further adjustments.
Provided that, when the pay of the employee’s new
classification exceeds the pay, he then receives he shall thereafter receive
payment according to his new classification.
(b) if the
employee has less than two years’ continuous service with the Company, he shall
retain the rate of pay applicable to the previous classification subject to the
following adjustments:
(i) in the first
year after the date of appointment half of all changes in pay applicable to the
previous classification;
(ii) thereafter,
no further adjustment.
Provided that, when the rate of pay of the employee’s
new classification exceeds the pay he then receives, he shall thereafter
receive payment according to his new classification.
(2) Where, as a
result of a market change affecting the Company’s operations, an employee is
appointed to a classification or classifications which receive lower earnings
than did his classification immediately prior to the appointment or the first
appointment ("the previous classification"), if the employee has two
or more years’ continuous service with the Company, he shall retain the pay
applicable to the previous classification subject to the following adjustments:
(a) in the first
year after the date of his appointment, all changes in pay applicable to the
previous classification;
(b) in the second
year after the date of his appointment, half of any changes in pay applicable to the previous classification;
(c) thereafter, no
further adjustments.
Provided that, when the rate of pay of the employee’s
new classification exceeds the pay he then receives, he shall thereafter
receive payment according to his new classification.
34. Definitions
(i) Day workers
are employees, other than shift workers, and include employees on night shift
work within clause 15, Night Work for Day Workers and Day Shift Workers, of
this award.
(ii) Shift workers
are employees working on a one, two or three shift system.
(iii) Monday to
Saturday shift workers are shift workers whose ordinary working hours are
worked between Monday and Saturday.
(iv) Annual leave
rate of pay means:
(a) In the case
of:
(1) annual leave
under clause 25, Annual Leave, of this award and days added to the period of
annual leave under clause 26, Days Added to the Period of Annual Leave or Long
Service Leave, of this award taken by an employee immediately before or after
leave under the Annual Holidays Act
1944;
(2) payment in
respect of annual leave or days added to the period of annual leave being made
to an employee under the said clauses 25 and 26 of this award upon the
termination of the employment of an employee at the same time as payment is
being made under the Annual Holidays Act
1944 in respect of such termination;
the ordinary pay of the employee calculated in
accordance with the Annual Holidays Act
1944 for the leave taken or payment made under that Act.
(b) In the case of
annual leave under the said clause 25 and days added to the period of annual
leave under the said clause 26 of this award being taken otherwise than
immediately before or after leave under the Annual
Holidays Act 1944, as if such leave had been taken under the Act.
35. Time and Payment
of Wages
At the Company’s option, all wages shall be paid monthly by
Electronic Funds Transfer. Funds shall be deposited into employees’ accounts by
the 15th of each month except in circumstances beyond the Company’s control.
36. Shop Delegates or
Stewards
The Company shall give recognition to an employee who is the
delegate representing the employees in a shop or department where he is
employed and he shall be allowed the necessary time to interview the Company or
its representatives, during working hours, in case of a dispute affecting
employees in his shop or department, provided that the Company shall not be
bound to give recognition as delegate to any employee in respect of whom a
written notification has been received from the Union concerned that the Union
does not recognise that employee as a delegate. The Company shall, upon request, provide each recognised delegate
with a suitable locker for the purpose of storing relevant material at the
workplace.
37. Procedure for Resolving
Claims, Issues and Disputes
The following procedure shall be complied with for handling
grievances and settling disputes. The
objective of the procedure is to promote the resolution of disputes and
grievances by consultation, co-operation and discussion.
(i) In the event
of an employee having a grievance, he/she will discuss the matter with the
immediate supervisor and with a Union representative if desired.
(ii) If the matter
is not resolved, the employee and/or the delegate will discuss the grievance
with the manager and/or a Company personnel officer. A reply will be given as soon as possible. If a reply cannot be given within 24 hours,
a progress report will be given.
(iii) If the matter
is still not resolved, an official of the Union will be involved.
(iv) If the matter
is still not resolved, the grievance will be referred to the Industrial
Relations Commission of New South Wales for resolution.
In pressing circumstances, the Commission may be notified
before step (i) to (iv) have been completed.
(v) Without
prejudice to either party and except where a bona fide safety issue is
involved, work shall continue in accordance with this award while matters in
dispute are being negotiated in good faith.
Where a bona fide safety issue is involved, an attempt should be made to
notify the appropriate safety authority.
38. Maternity Leave
See the Industrial
Relations Act 1996.
39. Clothing and
Footwear
(i) The Company
will supply two pairs of overalls per year or two pairs of pant/shirt combinations.
(ii) Commencing
employees shall be issued with one pair of safety boots, one pair of gloves,
one safety helmet, non-prescription safety glasses. Safety boots will be re-issued on a "needs" basis
whereby employees shall tender old articles in exchange for the new.
(iii) The Company
will supply a jacket every two years.
40. Area, Incidence
and Duration
(i) This award
shall apply to all employees of the Company classified in it at the Company’s
B.H.P - S.P.P.D. Port Kembla plant.
(ii) This award
shall take effect from the beginning of the first pay period to commence on or
after 1 December 2002 and shall remain in force for two years.
41. No Extra Claims
It is a term of this award (arising from the judgment of the
Industrial Relations Commission of New South Wales in Court Session for the
State Wage Case of 4 October 1989) that the Union undertakes, for the duration
of the principles determined by the decision, not to pursue any extra claims,
award or over-award, except when consistent with those principles.
42. Personal/Carer's
Leave Case
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) of this subclause, who
needs the employee's care and support, shall be entitled to use, in accordance
with this subclause, any current or accrued sick leave entitlement provided for
in clause 24, Sick Pay, for absences to provide care and support for such
persons when they are ill. Such leave
may be taken for part of a single day.
(b) The employee
shall, if required, establish, either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the first-mentioned
person who lives with the first-mentioned person as the husband or wife of that
person on a bona fide domestic basis although not legally married to that
person; or
(c) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this subparagraph:
(1) "relative"
means a person related by blood, marriage or affinity;
(2) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(3) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) of this clause who is
ill.
(3) Annual Leave
(a) An employee may
elect with the consent of the employer, 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 agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time) at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each Union which is both party to the award
and which has members employed at the particular enterprise of its intention to
introduce an enterprise system of RDO flexibility and providing a reasonable
opportunity for the Union(s) to participate in negotiations.
43.
Anti-Discrimination
(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. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(2) It follows
that, in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) 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.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES
(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 this 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.”
APPENDIX 1
WAGES
|
|
As of Oct. 2002
|
As of Dec. 2002
|
As of Dec. 2003
|
|
|
$
|
$
|
$
|
|
Operator in Training (during 3 months' probationary
training)
|
|
Gross p/w
|
720.00
|
747.00
|
777.00
|
|
Base Rate
|
606.00
|
628.00
|
653.00
|
|
Overtime
|
114.00
|
119.00
|
124.00
|
|
Operator Thereafter
|
|
Gross p/w
|
814.00
|
844.00
|
878.00
|
|
Base Rate
|
685.00
|
710.00
|
739.00
|
|
Overtime
|
129.00
|
134.00
|
139.00
|
All pay rises as per BHP timing and amount.
All salaries contain four hours per week, built in overtime
(does not include overtime worked on public holidays)
This clause to stay open for life of award for further
negotiation.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.