THE INTEGRATED STEEL MILL SERVICES PTY LIMITED
ENTERPRISE AWARD 2003-2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, industrial organisation of
employees.
(No. IRC 4247 of 2003)
|
Before Mr Deputy
President Grayson
|
8 August 2003
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AWARD
1. Title
This award shall be known as The Integrated Steel Mill
Services Pty Limited Enterprise Award 2003-2006.
2. Arrangement
Clause No. Subject Matter
1. Title
2. Arrangement
3. Parties
to the Award
4. Memorandum
of Understanding
5. No Extra
Claims
6. Wages
7. Bonus
System
8. Contract
of Employment
9. Hours of
Work
10. Overtime/Public
Holidays Entitlements
11. Sick Leave
12. Personal/Carer's
Leave
13. Compassionate
Leave
14. Annual
Leave
15. Annual
Leave Loading
16. Long
Service Leave
17. Public
Holidays
18. Superannuation
19. Work
Appraisal
20. Disciplinary
Procedure
21. Dispute
Settlement Procedures
22. Notification
of Stoppages
23. Essential
Services Dispensation
24. Termination
of Employment
25. Retrenchment
26. Termination
of Contracts
27. Work
Clothing
28. Site
Representative
29. Quality
Assurance
30. Training
31. Non-Smoking
Areas
32. Anti-Discrimination
33. New Award
34. Area,
Incidence and Duration
Appendix A - Bonus Matrix
Appendix B - Continuous Income Payment
3. Parties to the
Award
This award is binding upon the following (the parties):
(a) Integrated
Steel Mill Services Pty Limited trading as Steelstone - Sydney Pty Limited (the
company); and
(b) The Australian
Workers' Union (the AWU) and its members employed by the company.
4. Memorandum of
Understanding
The purpose of this award is to demonstrate from the outset
the company's:
Commitment to ensuring the success of the business
enterprise
Commitment to the people who make up the business
enterprise and the AWU
Commitment to the business relationship with the
OneSteel Limited Sydney Steel Mill and its impact on the community and the
environment
The objective of this award is to:
(a) Define the
terms and conditions under which all parties are to work and operate.
(b) Clarify and
ensure that all the parties involved have a clear understanding of the terms
and conditions from the outset.
(c) Gain the
commitment, agreement and signed approval to the terms and conditions as per
the operating award.
(d) Provide
employment for the duration of the contracts between OneSteel Limited and
Integrated Steel Mill Services Pty Limited, trading as Steelstone - Sydney Pty
Limited.
The parties to this award recognise that Steelstone - Sydney
Pty Limited is a "Greenfield Site" and shall work as a multi-skilled
operation.
The company will implement are measures which will:
Improve efficiency
Provide employees with more varied, more fulfilling and
better paid jobs
The company may implement changes to work practices,
procedures and systems as a result of technological developments or innovative
ideas that will improve efficiency, productivity, profitability and
safety. In such circumstances, the
company shall discuss with and keep employees informed of proposed changes.
The company is committed to training employees to safely and
responsibly implement changes to work practices, procedures and changes that
have been approved, selected and adopted by the company.
The company reserves the right to design and redesign the
structure and the functions of the jobs in consultation with its employees as
the needs of the company change.
Employees will be paid for the skills relevant to the job
that they possess, or acquire through training.
Notwithstanding the skills an employee possesses, the
company reserves the right to determine how to deploy its employees to perform
tasks allocated by the company.
Multi-skilling
Employees should be trained to be multi-skilled in a
range of tasks and to flexibly change jobs - not only to meet the requirements
of the company, but also to provide more satisfying and meaningful jobs to its
employees. Multi-skilling shall be a
condition of employment. However, some
employees will have designated jobs at the discretion of the company.
Ease of Rotation of Operators
In the interests of multi-skilling, rotation of all
operators within the hot area will take place.
The period of rotation will be between 6 and 12 months and determined
through consultation. Where an employee
transfers from a 12-hour shift to an 8-hour shift, superannuation benefits
would be unaffected whilst in rotation.
5. No Extra Claims
No party shall pursue any claims, award or over-award, for
the duration of this award.
6. Wages
6.1 Rates of Pay
Employees are currently paid one of the following
rates.
|
Classification
|
Rate per Hour
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Operator Level 1
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$18.58741
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Operator Level 2
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$19.87520
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Operator Level 3
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$20.79275
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(a) These rates
will be increased by an additional 4% from the first pay period commencing on
or after 1 January 2003; and
(b) a further 2% increase
in rates shall apply from the first pay period commencing on or after 1 January
2004; and
(c) a further 2%
increase in rates shall apply from the first pay period commencing on or after
1 July 2004; and
(d) a further 2%
increase in rates shall apply from the first pay period commencing on or after
1 January 2005; and
(e) a further 2%
increase in rates shall apply from the first pay period commencing on or after
1 July 2005.
|
|
Current
|
01/01/03
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01/01/04
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01/07/04
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01/01/05
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01/07/05
|
|
|
Base
|
4%
|
2%
|
2%
|
2%
|
2%
|
|
Level 1
|
18.58741
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19.33091
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19.71752
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20.11188
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20.51411
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20.92439
|
|
Level 2
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19.87520
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20.67021
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21.08361
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21.50528
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21.93539
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22.37410
|
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Level 3
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20.79275
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21.62446
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22.05695
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22.49809
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22.94805
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23.40701
|
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Level 4
|
|
22.62446
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23.07695
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23.53849
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24.00926
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24.48944
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6.2 Categories
Definitions
Operator Level 1
An operator performing multi-skilled operations
including but not limited to:
General hand, landscaping, operator in training for
bobcat work, metal cutting. Cold area
loading and excavating and skip lugger operations.
Minimum of 12 months' service at this level. This includes the period of time employed as
a casual.
Operator Level 2
An operator performing multi-skilled operations but not
limited to:
Competent in all Level 1 operations, BBHD
encapsulation, operator in training for hot area operations.
To qualify for the Level 2 rate, an operator must hold
a minimum of 3 NSW WorkCover tickets/permits from the list contained in
subclause 6.3 of this clause.
Complete a minimum of 24 months' service at this level
to be eligible for Level 3.
Operator Level 3
An operator performing multi-skilled operations but not
limited to:
Competent in all Levels 1 and 2 operations, hot area
duties.
To qualify for the Level 3 rate, an operator must hold
a minimum of 4 WorkCover tickets/permits from the list contained in subclause
6.3 of this clause.
The Level 3 rate will also apply to a qualified plant
serviceman.
The Level 3 rate is paid at a level to include leading
hand responsibility and a confined space allowance on the part of operators so
paid.
Note:
Notwithstanding, management reserves the right to
waiver the timeframe where an employee meets the requirements of Levels 1, 2 or
3.
Operator Level 4
An operator performing multi-skilled operations but not
limited to:
Competent in all Levels 2 and 3 operations, hot area
duties.
Completed a minimum of 60 months' service at Level 3.
Trainer
At management’s discretion, a position is available for
a person to fill the role of trainer which would include the role as OH&S
representative and trainer, and fulfilment of the quality role in regards to
auditing, updating work instructions, procedures and risk assessments. This role would require a minimum of Level 3
Operator and would still operate machinery on a daily basis as required.
6.3 NSW WorkCover
Tickets
Operators will be required to obtain WorkCover tickets
for machinery used in the site. This
machinery and ticketing requirements will change with the nature of the
work. For the purposes of operator
level qualifications, the following list specifies the most useful tickets at
the date of this award. The list will
be amended as required to reflect changes in machinery and work.
Such changes will be notified to the employees'
representative and posted on the company notice board. An operator will not suffer a reduction in
the level of pay as a result of a change to the list of WorkCover tickets.
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Ticket Description
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Number
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Excavator
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16
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Loader
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18
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Any Forklift Truck
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19
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Multi Purpose Crane
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25
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Dogman
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Class 2
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Truck Licence
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3b
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6.4 Allowance for Rain
and Dust
An hourly allowance for working in the rain, heat
and/or dust of $0.35 per hour is included in the hourly rate and payable for
all purposes of the award.
6.5 Payment of
Wages
All employees will be paid fortnightly by means of
electronic transfer into a bank account nominated by the employee.
7. Bonus System
Employees may earn up to an additional 6% of wages to be
paid twice yearly in June and December each year in accordance with the
following schedule:
1.80% for absenteeism
2.40% for lost time injury
1.80% for equipment damage
and in accordance with the Bonus Scheme Matrix (Appendix 1).
The payment for the first 6 months of 2003 will be
determined by calculating the bonus on the old and new scheme, with the payment
being the greater amount for each individual.
8. Contract of
Employment
8.1 Weekly
Employment
Employment shall be terminated by a week's notice on
either side given at any time during the week or by the payment or forfeiture
of a week's wages, as the case may be.
Where an employee has given or been given notice of
termination, the employee shall continue in employment until the date of the
expiration of such notice. Any employee
who has given or been given such notice and, without reasonable cause (proof of
which shall lie on him/her), absents himself/herself from work during such
period shall be deemed to have abandoned his/her employment and shall not be
entitled to payment for work done by him/her within that period. Provided that, where the company has given
notice as stated, an employee, on request, shall be granted leave of absence
pay for one day in order to look for alternative employment. Leave of absence so granted shall not
constitute abandonment of employment for the purpose of this subclause.
This shall not affect the right of the company to
dismiss any employee without notice for malingering, inefficiency, neglect of
duty or misconduct and in such cases the wages shall be paid up to the time of
dismissal.
8.2 Stand-down
This clause shall not affect the right of the company
to deduct payment for any day the employee cannot be usefully employed because
of any strike, or through any breakdown in machinery, or any stoppage of work
by any cause for which the company cannot reasonably be held responsible.
8.3 Casual Labour
Casual employees will receive a 20% loading in addition
to their normal rate. The 20% loading
incorporates any payment which would otherwise be made for annual leave, sick
leave and flexi-leave.
In the hiring of casual labour, management will
consider the totality of the work involved when deciding whether weekly
employees should be worked overtime or casuals engaged. Once management has decided, they will
consult with the site delegate.
Employment status will be reviewed after 3 months with
the intention of making the casual employee a permanent full-time employee.
If casual employment continues for a second 3-month
period, status will be reviewed again at 6 months. If employment is to continue beyond this time, it will be on a
permanent full-time basis. The parties
agree to review casual loading during the life of the award.
8.4 Part-time
Labour
Part-time employees shall be an employee who works a
day/s or part of a day/s not less 3 days per week and whose ordinary hours
shall not be less than 20 hours per week.
Part-time employees will be paid at an hourly rate
equal to the ordinary rate for the category of work performed. Part-time employees shall be entitled to a
proportionate amount of annual leave, sick leave and long service leave.
8.5 Fixed-term
Employment
The company reserves the right to employ people for a
fixed term to meet short-term production fluctuations. Employees will be consulted when such
circumstances arise.
8.6 Contractors
When the company requires contractors to carry out work
at the company's facilities to perform the tasks of existing employees, it will
consult with employees before such contractors are engaged. At all other times contractors may be
utilised as necessary.
8.7 Multi-skilling
(a) The company
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award.
(b) The company
may direct an employee to carry out such duties and use tools and equipment as
may be required, provided that the employee has been trained in the use of such
tools and equipment.
(c) Any direction
issued by the company pursuant to paragraphs (a) and (b) of this subclause
shall be consistent with the company's responsibilities to provide a safe
working environment.
8.8 Letter of
Appointment and Probationary Period
Prior to joining the company, each successful applicant
will receive a letter of appointment setting out the conditions of employment
and a job description outlining the multi-skilling of the job.
Once signed, the incumbent will be appointed subject to
the completion of a probationary period of 3 months' continuous service. Notice will be determined on an hourly basis
during such probationary period. A new
letter of appointment is to be issued if the conditions of employment undergo
significant variations.
8.9 Pre-employment
Medical Examination
The parties to this award recognise and accept that a
pre-employment medical examination by a doctor nominated by the company is a
prerequisite to the employment process.
Costs of this medical examination will be borne by the company.
The applicant must be prepared to answer questions
about their medical and work history and authorise the examining doctor to
report to the company details of any medical matter having a bearing on the
applicant's suitability for the position.
8.10 Medical
Examinations
The parties to this award agree that all employees are
required to submit for an annual medical examination at the request of the
company in the company time and at the company's expense.
9. Hours of Work
9.1 Normal 5-day
Week Workers - Day and Shift
(a) The ordinary
hours of work shall be an average of 38 per week and may be worked on any day
or all of the days of the week, Monday to Friday, between the hours of 5.00
a.m. and 5.00 p.m. The ordinary hours
of work shall be worked continuously from 7.00 a.m. till 3.30 p.m., except for
meal breaks. Provided that the spread
of hours may be altered by mutual agreement between the company and the
majority of employees in the plant or section(s) concerned.
(b) Definitions
for the Purpose of this Clause
"Day shift" means any shift starting after
4.00 a.m. and before 12.00 noon.
"Afternoon shift" means any shift starting
after 12.00 noon and before 8.00 p.m.
"Night shift" means any shift starting after
8.00 p.m. and before 4.00 a.m.
(c) Ordinary working
hours are to allow for a 30-minute unpaid break within 5 hours of commencement
of work. The time of taking meal
breaks, whether during ordinary or overtime hours, shall be flexible so as to
permit the conduct of continuous operations.
(d) Employees will
be required to work shift work on a rotating shift or on a permanent shift
system:
|
Day Shift
|
8.00 a.m. to 4.00 p.m.
|
|
|
|
|
Afternoon
|
4.00 p.m. to 12.00
midnight
|
|
|
|
|
Night Shift
|
12.00 midnight to 8.00
a.m.
|
(e) A shift allowance
of 15% of the ordinary rate shall be paid to employees whilst working
normal-time hours on rotating afternoon and night shifts. Shift allowance is not paid for any
overtime.
9.2 Rostered Day
Off
(a) All employees
on permanent day shift will be entitled to a rostered day off (RDO) of one day
per four weeks.
(b) RDOs may be
accumulated to a maximum of 5 RDOs, which may be taken together following the
giving of 2 weeks' notice and subject to the Companv's requirements.
(c) Single RDOs
may be taken following the giving of 3 working days' notice and subject to the
Company's requirements.
9.3 Continuous
12-hour Shift Workers
This subclause shall apply to shift workers working a 12-hour
rostered shift of continuous basis from 7.00 a.m. to 7.00 p.m. or from 7.00
p.m. to 7.00 a.m.
(a) Payment for
rostered shifts shall be:
|
Monday to Friday
|
Ordinary time for 12 hours
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|
|
|
|
Saturday
|
Time and one half for 12 hours
|
|
|
|
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Sunday
|
Double time for 12 hours
|
|
|
|
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Public Holidays
|
Double time and one half for 12 hours
|
(b) Shift
Allowance
For full 12-hour rostered night shifts on any day of the
week, an allowance equivalent to 20% of normal time rate for the 12-hour shift
will be paid. This allowance will not
extend into overtime but will be paid for ordinary time worked during a public
holiday.
(c) Consultation
Employees shall not be removed from their respective
shift work until after consultation with management has taken place.
(d) Crib Breaks
Employees working a 12-hour shift system are entitled
to two 20-minute crib breaks to be taken approximately 4 hours apart. Each crib break will be taken in a staggered
system within the shift crew to cover the needs of the operation and will be
counted as time worked.
10. Overtime/Public
Holidays Entitlements
(a) In computing
overtime, each day's work shall stand alone and the rate of pay shall be based
on the ordinary time rate of pay excluding shift allowances.
(b) For all work
done outside ordinary hours, the rates of pay shall be time and one half for
the first 2 hours and double time thereafter, such double time to continue
until the completion of the overtime work.
10.1 Saturdays
All work on Saturdays shall be at time and one half for
the first 2 hours and double time thereafter for all hours worked.
10.2 Sundays
All work on Sundays shall be at double time for all
hours worked.
10.3 Public Holidays
All work on public holidays shall be at double time and
one half for all hours worked and in addition:
(a) For normal
5-day week workers, both day and shift workers - 8 hours normal time for Monday
to Friday public holidays not worked. No
entitlement for Saturday and Sunday public holidays.
(b) For continuous
12-hour shift workers - 12 hours normal time for any public holidays not
worked, including Saturday and Sunday public holidays.
10.4 Continuous
Shift Workers
Continuous shift workers shall be paid at the rate of
double time for all overtime worked on a Saturday and Sunday.
10.5 Recalled for
Duty
The minimum payment to an employee who is recalled from
their home to work overtime shall be for 4 hours worked at the appropriate rate
of pay from the receipt of call, with a maximum of 30 minutes payment as from
time of call-out. Call-out shall only
apply when the employee is required to start overtime immediately.
10.6 Meal Allowance
When an employee is required to continue to work on
overtime for more than one and a half hours after the employee's ordinary
ceasing time without having been notified before leaving work the previous day
or equivalent time of the requirement to work, overtime shall be paid $8.80 for
each meal. An additional overtime meal
allowance will be paid if a full 8 hours' overtime is worked.
10.7 Reasonable
Overtime
(a) Subject to
paragraph (b) of this subclause, the company may require an employee to work
reasonable overtime at overtime rates.
(b) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(c) For the
purposes of the said paragraph (b), what is unreasonable or otherwise will be
determined having regard to:
(1) any risk to
employee health and safety;
(2) the employee’s
personal circumstances, including any family and carer responsibilities;
(3) the needs of
the workplace or enterprise;
(4) the notice (if
any) given by the company of the overtime and by the employee of his or her
intention to refuse it; and
(5) any other
relevant matter.
(d) For 12-hour
continuous roster workers, "reasonable" overtime shall be taken to
include but not be limited to scheduled overtime additional to normal rostered
shifts necessary for continuous operation of the roster.
11. Sick Leave
(a) Employees are
required to complete a qualifying period of 3 months' continuous service with
the company in order to be entitled to claim payment of wages at the rate of
ordinary time lost for personal illness or incapacity not due to one's own
serious or wilful misconduct.
(b) Paid leave of
absence will be provided to cover only genuine illness or injury by accident
and will be paid for the period of time the employee is unable to attend for
duty, subject to satisfactory proof of illness or injury.
(c) In the case of
an employee's inability to continue to work due to total or permanent
incapacity due to circumstances other than those arising from a workers'
compensation claim, the company shall pay all outstanding entitlements and will
ensure that the employee's rights under the superannuation scheme are
protected.
(d) Employees are
required to provide a doctor's certificate for all sick leave extending 12 hours'
absence from duty.
(e) The company
reserves the right to review each individual case and to suspend payment whilst
on sick leave or take disciplinary action in accordance with this award if the
nature of such illness or injury by accident can be shown not to be genuine.
(f) To qualify
for sick pay benefits, employees must notify the company of:
Their inability to present for duty at least one hour
prior to the commencement of their absence from duty.
The length of time the employee anticipates absence
from duty.
Their intention to return to work 8 hours prior to the
commencement of their shift.
Notification of intention to be absent from duty can be
made either by telephoning personally or by a relative or friend.
To obtain sick pay, employees must complete the
company’s sick pay claim form and attach any medical certification.
12. Personal/Carer's
Leave
12.1 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 (2) 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 at
clause 11, Sick Leave, for absences to provide care and support for such
persons when they are ill. Such leave
may be taken for part of a single day.
(b) The employee
shall, if required, establish, by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, 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:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) the person
concerned being:
(i) a spouse of
the employee; or
(ii) a de facto spouse
who, in relation to a person, is a person of the opposite sex to the
first-mentioned person who lives with the first-mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(iii) a child or an
adult child (including an adopted child, a 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 of the
employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse, because of marriage, has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the company notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the company by telephone of such absence at the first opportunity
on the day of absence.
12.2 Unpaid Leave
An employee may elect, with the consent of the company,
to take unpaid leave for the purpose of providing care and support to a member
of a class of person set out in subparagraph (2) of paragraph (c) of subclause
12.1 of this clause who is ill.
12.3 Annual Leave
(a) An employee
may elect, with the consent of the company, subject to the Annual Holidays Act 1944, to take annual leave not exceeding 5 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 the company may agree to defer payment of the annual leave loading in
respect of single-day absences until at least 5 consecutive annual leave days
are taken.
12.4 Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the company, to take time off in lieu of payment
for overtime at a time or times agreed with the company 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. Where no election is made
in accordance with the said paragraph (a), the employee shall be paid overtime
rates in accordance with the award.
12.5 Make-up Time
(a) An employee
may elect, with the consent of the company, to work "make-up time",
under which the employee takes time off during 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 company, 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.
12.6 Rostered Days
Off
An employee may elect, with the consent of the company,
to take a rostered day off in whole or in part-day amounts.
13. Compassionate
Leave
(a) An employee,
other than a casual employee, shall be entitled to up to 2 working days'
compassionate leave without deduction of pay on each occasion of the death in
Australia of a person prescribed in subparagraph (2) of paragraph (c) of
subclause 12.1 of clause 12, Personal/Carer's Leave. Where the death of a person as prescribed by the said
subparagraph (2) occurs outside Australia, the employee shall be entitled to 2
working days' compassionate leave where such employee travels outside Australia
to attend the funeral.
(b) The employee
must notify the company as soon as practicable of the intention to take
compassionate leave and will provide, to the satisfaction of the company, proof
of death.
(c) Compassionate
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in the said
subparagraph (2), provided that, for the purpose of compassionate leave, the
employee need not have been responsible for the care of the person concerned.
(d) An employee
shall not be entitled to compassionate leave under this clause during any
period in respect of which the employee has been granted other leave.
(e) Compassionate
leave may be taken in conjunction with other leave available under subclauses
12.2, 12.3, 12.4, 12.5 and 12.6 of clause 12, Personal/Carer's Leave. In determining such a request, the Company
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
14. Annual Leave
(a) See Annual Holidays Act 1944 (NSW).
(b) All employees
are entitled to 4 weeks' leave in respect of each year of continuous service
with the company.
(c) Employees who
work on a 7-day continuous shift roster are entitled to an additional week's
leave each year of continuous service with the company.
(d) Employees are
required to take accrued annual leave following each continuous year of
service. Such leave shall be taken
within 12 months of their entitlement and may be taken in more than one
allotment by allocation and approved in writing by management.
(e) The timing for
taking of accrued annual leave shall be arranged between the company and the
employee.
(f) Employees are
entitled to a maximum of 3 single days of annual leave per annum following the
giving of 3 working days' notice and subject to the company's requirements.
(g) An annual
close-down in accordance with the needs of the company's client (OneSteel
Limited) will be implemented as arranged between the company and its employees.
(h) Other than in
subclauses (f) and (g) of this clause, annual leave may only be taken in blocks
of one week minimum, which for 7-day continuous shift workers shall be paid
based on the average weekly earnings over the full 12-week cycle of the
roster. This consists of 51 hours' pay
per week block or 10.2 hours per single day taken.
15. Annual Leave
Loading
(a) Before an
employee is given and takes a period of annual leave, or where by agreement
between the company and employee the annual holiday is given and taken in more
than one separate period, then before each of such separate periods the company
shall pay an employee a loading determined in accordance with this clause.
(b) The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act and this award.
(c) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes entitled under the Act and this award, or where such a holiday
is given and taken in separate periods, then in relation to each such separate
period.
(d) The loading is
the amount payable for the period, or the separate period, as the case may be,
at the rate per week of 20% of the appropriate ordinary normal-time rate of pay
prescribed by this award for the classification in which the employee was
employed immediately before commencing the annual holiday, but shall not
include Saturday, Sunday or public holiday loading for continuous 12-hour
roster workers, or for any other allowances, penalty rates, shift allowances or
any other payments prescribed by this award.
(e) Where the
employment of an employee is terminated by the company for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (d) of this clause for the period not taken. Except as provided by subclause (a) of this
clause, no loading is payable on the termination of an employee's employment.
16. Long Service
Leave
(a) See NSW Long Service Leave Act 1955.
(b) For all
service after the 1 January 2003, employees will accumulate at the rate of 13
weeks' service for each 10 years of continuous service, which accumulates at
6.5 days per year.
(c) From the date
of ratification of this award, pro rata long service leave will be able to be
accessed or will be paid out on resignation or termination of the employee,
other than in circumstances of summary dismissal, after 5 years of continuous
service.
(d) Employees will
be encouraged to take long service leave once their length of service is in
excess of 5 years. This will be done
through mutual agreement and to suit business needs (e.g. unplanned or planned
stoppages in production).
17. Public Holidays
17.1 General
(a) New Year's
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day and an additional
day's holiday (known as the Union's Picnic Day) to be observed pursuant to
subclause (b) of this clause and any other day gazetted as a public holiday for
the State shall be holidays for the purpose of this award.
(b) As noted
above, an employee shall be entitled to one additional day as a holiday in each
calendar year known as the Union's Picnic Day.
This additional holiday shall be observed on the day mutually agreed between
the company and employees. The
additional holiday is not cumulative and must be taken within each calendar
year.
(c) No deductions
shall be made from the wages of' weekly employees for the week in which any of
the holidays referred to in subclause (a) of this clause fall.
(d) Where an
employee is absent from employment on the working day before or the working day
after a public holiday without reasonable excuse or without the consent of the company,
the employee shall not be entitled to payment for such holiday.
(e) For public
holidays falling during a period of annual or long service leave, the following
payments will apply.
17.2 Normal 5-day
Week Workers - Day and Shift
For a public holiday falling on Monday to Friday, such
employees shall be paid for 8 hours at normal time without leave loading and
with no deductions from accumulated leave entitlement. For a public holiday falling on a Saturday or
Sunday, there will be no payment or deduction from leave entitlement.
17.3 Continuous
12-hour Shift Workers
For any public holiday falling on a day on which the
employee would have been rostered to work if not on leave, such employees shall
be paid for 12 hours at normal time without leave loading and with no deduction
from accumulated leave entitlement. For
any public holiday falling on a day which the employee would have been rostered
off if not on leave, payment shall be for 12 hours at normal time with no leave
loading and with no deduction from accumulated leave entitlement.
18. Superannuation
A superannuation policy has been established with the AMP
Society to provide death and disablement cover as well as retirement benefits
for permanent employees. The fund is an
accumulation fund which offers each employee a choice of investment.
The fund complies with the legislative requirements of the
Superannuation Guarantee Levy. The
payment will be based on "ordinary-time earnings", meaning the actual
ordinary rate of pay the employee receives for ordinary hours of work,
including allowances where applicable.
Rollover facilities are included to allow employees'
entitlements from previous employment to be transferred to fund, should they
wish to do so. The AMP Society provides
funds which perform consistently whilst providing security for the
investment. The company will contribute
as per the Superannuation Guarantee Levy from the commencement of employment.
Permanent employees may contribute a minimum of $15.00 per
week and may make additional contributions at their discretion. Employees may vary their contribution
effective from January each year.
On leaving the company's employment, the employee is to
receive his or her contribution plus accumulated interest plus the company's
contribution. The employee's benefit on
retirement is to comprise his or her contributions plus the company's
contribution plus funds rolled over from previous superannuation plans plus
accumulated interest. A death and
disablement provision is also included for permanent employees.
19. Work Appraisal
(a) The company
policy is to treat each employee in a fair and just manner.
(b) All employees
are expected to meet satisfactory standards of work performance, punctuality, personal
conduct and follow the policies, procedures and awards of the company.
(c) The company
shall pay employees in direct proportion to skill competency levels relevant to
the job.
(d) Management
shall counsel employees who fail to perform their duties to the satisfaction of
the company.
20. Disciplinary
Procedure
20.1 General
Whilst this agreement provides the right of the company
to dismiss the employees without notice for misconduct, in many circumstances
dismissal is too severe a penalty for some breaches of conduct. Accordingly, the parties agree that
disciplinary action by way of a warning or suspension can be imposed where
misconduct did not warrant dismissal. In
these circumstances it is agreed that the following procedures will apply.
20.2 Warning for
Minor Breaches of Discipline
A breach of discipline not necessarily warranting
dismissal includes the following:
Unsatisfactory timekeeping or unjust absenteeism
Work performance
Failure to properly carry out legitimate instructions
Smoking in a prohibited area
Discriminatory behaviour
Leave of absence from the job site without authorised
permission
For any breach of discipline of this type the following
action will be taken:
First Warning
The company manager, in the presence of the employee
concerned, will discuss the alleged breach and, if substantiated, a "first
warning" will be recorded in writing on the employee's personnel
record. The union delegate from the
appropriate section will be present during the discussions. The employee will receive counselling and be
advised of the possible consequences of any further breach.
Second Warning
The company manager, in the presence of the employee
concerned, will discuss the second breach and, if substantiated, a "second
warning " will be recorded in writing on the employee's personnel
record. The union delegate will be
present during the discussions. The
employee will be advised of the possible consequences of any future
breach. A copy of the warning will be
given to the employee concerned.
Final Warning/Dismissal
The employee will be given the opportunity to explain
his/her behaviour in the presence of the union delegate from the appropriate
section. Any explanation offered shall
be taken into account before deciding if dismissal is the appropriate action to
take.
If the company accepts the explanation and decides that
dismissal is not warranted, a final warning may be given to the employee. A copy of the warning will be given to the
employee and a copy placed on the employee's personnel file. If the company
considers that dismissal is warranted and the disciplinary procedure has been
previously exhausted, then the employee concerned and the union delegate will
be advised immediately of the decision.
Duration of Warnings
The period of time prior to a cancellation of the
warning will be 12 months.
Personal Records
Employees shall be entitled to view their personal
records by request to the company at a prearranged time. Personal records cannot be removed from the
office and will be treated as confidential by the company.
20.3 Misconduct
Notwithstanding other provisions of this clause, the
company has the right to dismiss any employee without notice for misconduct
where it has been clearly demonstrated that the employee's behaviour amounts to
conduct that justifies instant dismissal.
To protect the interest of all employees and the company, employment may
be terminated without notice if an employee is found guilty of conduct that
justifies instant dismissal.
Misconduct includes but is not limited to:
Reporting to work under the influence of alcohol/drugs
Wilful disregard of safety regulations that endanger
plant or the lives of other persons
Malingering
Being asleep on duty
Theft
Falsifying company records
Fighting
Serious negligence
Wilful refusal of duty
In the event of the dismissal of an employee by the
company, any aggrieved employee has the right to consult management, providing
employees continue working. Any
disruptive action taken by employees will ensure that all matters relating to
the dismissal and consequential action taken shall be referred to the
Industrial Relations Commission of New South Wales.
The company may, after consultation with the
appropriate union representative, offer alternatives to dismissal. These may include, but not be limited to,
suspension without pay for a period or reduction in operator level of payment
for a fixed term or indefinitely.
The operations co-ordinator shall possess the authority
to suspend an employee for the duration of a shift. The matter shall then be presented to management for
determination.
21. Dispute
Settlement Procedures
The parties to this award accept and agree to process and
resolve claims, issues of dispute, areas of disagreement including grievances,
conflicts and complaints, or any matter that arises between the union and the
company according to the following procedures:
(a) The parties undertake
that, when any such matter arises, the basic intention shall be to resolve such
matters as quickly as possible by direct consultation and negotiation.
(b) Work shall
continue as normal and without interruption.
No party shall be prejudiced as to final settlement by the continuance
of work in accordance with this subclause
(c) The employees
and/or employee representative shall place the matter before the immediate
operations co-ordinator. The immediate
operations co-ordinator is to ensure that the matter is correctly interpreted,
registered and managed according to the following procedure:
Listen and objectively record the following details:
Date/Time/Shift
Person(s) presenting the matter
Establish the facts and collect details. Define the "real" cause of the
problem.
Check with the person(s) that the details are correctly
understood.
The operations co-ordinator will prepare:
The plan of action to be taken
Timeframe
The operations co-ordinator shall take all reasonable
steps to resolve the matter on the spot or as soon as possible.
(d) In the event
that the matter exceeds the level of authority of the operations co-ordinator,
or the employee and/or employees' representative is not satisfied with the
decision, or progress, or wishes to appeal against the decision, the matter is
to be placed before the manager. The
manager shall fully familiarise himself with the matter and take all reasonable
steps within the manager's authority to resolve the matter to the satisfaction
of both parties.
(e) Should the
matter remain unsolved, the appropriate AWU official shall be invited to assist
in the resolution of the matter.
(f) In the event
that the matter is not resolved, it is to be placed before the executive management
of the company for determination.
(g) In order to
expedite amicable settlement, the company reserves the right to appoint an
independent "facilitator" or "conciliator" to advise on a
"fair and reasonable" resolution to satisfy both of the parties
concerned.
(h) In the event
that the matter cannot be resolved to the satisfaction of both parties, the
matter shall be referred to the Industrial Relations Commission of New South
Wales. All decisions of the Industrial
Relations Commission of New South Wales shall be binding for all the parties
concerned.
(i) Matters
raised in relation to bona fide safety issues are to be investigated and
corrected as quickly as possible in accordance with the Occupational Health and Safety Act 2000.
22. Notification of
Stoppages
In the event that a dispute has not been settled to the
satisfaction of both parties and the union has determined to call a stoppage,
it is required that the AWU shall notify the company in writing:
Its intention to call a stoppage.
The cause of the stoppage.
Three days' notice prior to the commencement of the
stoppage as a cooling-off period.
Request to meet with management during and immediately
prior to the commencement of the stoppage.
During the course of this cooling-off period, all parties
are to take all available action to resolve the matter and avert the stoppage.
23. Essential
Services Dispensation
The cornerstone of the award is to ensure continued and
uninterrupted operation of OneSteel Limited's Sydney Steel Mill at Rooty Hill
and the parties agree to confer and to resolve any issues between them without
resort to industrial action.
The employees and the company agree to provide, at all
times, a minimum of one man per shift and, if any stoppage lasts longer than 2
days, then the company may bring in an additional man if the continuity of the
furnace operation is jeopardised.
The essential services should include but not be limited to:
Operating equipment to maintain production at the -
Melt Shop
Cast Shop
Rolling Mill
Clearing Skips from all (areas) plant and dumping at
processing area.
Keeping processing area clear for acceptance of by
product materials.
BBHD Encapsulation.
24. Termination of
Employment
In the event that company deems it necessary to terminate an
employee, the following conditions and procedures are to apply:
(a) The manager is
to advise the employee and the employee representative of the decision and the
reasons for it.
(b) If the manager
is satisfied that the circumstances justify instant dismissal, it shall operate
from the moment of notice.
(c) If the
employee or delegate contests the dismissal, the manager shall advise the
employee that summary dismissal shall be effective in 7 days' time and that,
until then, the employee is to be suspended without pay.
(d) During the
course of the 7 days, the matter is to be pursued in accordance with the
dispute settlement procedures stated in clause 21.
25. Retrenchment
25.1 General
The company retrenchment provisions apply to employees
whose dismissal takes effect prior to the expiration/termination of contracts
and the dismissal is due to circumstances affecting the company's viability or
resulting from structural efficiency changes.
25.2 Termination of
Employment
(a) In order to
terminate the employment of an employee, the company shall give to the employee
the following notice:
|
Period of
Continuous Service
|
Period of Notice
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of the
notice, with not less than 2 years' continuous service, shall be entitled to an
additional week's notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
25.3 Severance
Payment
(a) In addition to
other pay and entitlements that an employee has accrued, the employee shall
receive:
4 weeks' pay
No other payment if the employee has less than 12
months' service with the company.
If the employee has more than 12 months of continuous
service with the company, the employee is entitled to:
(b) If an employee
is under 45 years of age, the company shall pay in accordance with the
following scale:
|
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(c) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
|
Years of Service
|
Over 45 Years of
Age Entitlement
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks.
|
26. Termination of
Contracts
(a) If the company
is the successful re-tenderer, existing employees will be given continuity of
employment providing appropriate job opportunities are available under the contract.
(b) If the company
is unsuccessful in renewing the contract with OneSteel Limited for Rooty Hill
Steelworks, the following conditions apply:
Pavment of superannuation benefits accrued
Payment of accrued long service leave
Payment of any annual leave entitlements
Employees will be eligible for the retrenchment
provisions.
27. Work Clothing
An annual issue of work clothing will be provided for and is
valued at the annual rates below:
(a) 2003 - $200.00
inclusive of GST
(b) 2004 - $210.00
inclusive of GST
(c) 2005 - $220.00
inclusive of GST
28. Site
Representative
Employees will be encouraged to appoint one person to
represent the company employees. On
each of the remaining shifts, one additional working person shall be authorised
to provide a communications role between shift employees, the employee
representative and the company.
29. Quality Assurance
The company is committed to quality control and
assurance. This commitment is a
requirement on all management and employees.
The company recognises the value of developing, implementing
and gaining the commitment to a fully integrated tailor-made quality control
assurance program to the:
(a) Customer
Assured of a superior quality and service at a more
competitive price.
(b) Employee
Obtains greater job satisfaction due to -
Reduced frustration
Reduced errors, defects or rejects, failures,
disruptions, damage, rework and re-handling
Elimination of non-value adding activities
Improved and meaningful decision-making and problem-solving
on factors selecting work efficiency and effectiveness
Greater "ownership" in the production
process.
(c) Company
Achieves a more commercially viable business enterprise
through increased quality production at reduced costs.
30. Training
The company is committed to training employees to perform
the tasks required in an efficient, effective, safe and responsible way.
Employees will be required to undergo and complete to the
satisfaction of the company, training and/or re-training programs to perform
the range of functions required by the company. When it is necessary to attend for training outside working hours
at the request of management, employees will be paid at the single-time rate of
pay for the duration of the course, plus reasonable travelling and meal
expenses.
All employees will undergo a full induction, operational
training and safety training program to ensure a smooth transition to
accommodate changes in technology and procedures.
31. Non-Smoking Areas
To assist in the safety of all employees, smoking is
prohibited in confined areas such as crib and locker rooms, plant cabins and
all areas that have air-conditioning.
32.
Anti-Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and carer’s responsibilities.
(b) It follows
that, in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(c) Under the Anti-Discrimination Act 1977 it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to affect:
(i) Any conduct
or act which is specifically exempted from anti-discrimination legislation.
(ii) Offering or
providing junior rates of pay to persons under 21 years of age.
(iii) Any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act
1977
(iv) A party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes:
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(2) Section 56(d)
of the Anti - Discrimination Act 1977
provides:
"Nothing in the Act affects...any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion."
33. New Award
Negotiation to renew and replace this award will commence no
later than 1 October 2005.
34. Area, Incidence
and Duration
This award relates to all activities conducted by Integrated
Steel Mill Services Pty Limited ACN 052 354 104 at the company's operations at
OneSteel Limited's Sydney Steel Mill, 22 Kellogg Road, Rooty Hill, and shall
supersede all other awards and agreements that may apply to the operations at
that site.
This award shall take effect from 8 August 2003 and will
remain in force until 31 December 2005.
Appendix ‘A’
BONUS SCHEME MATRIX
|
Classification
|
Weighting
|
1%
|
2%
|
3%
|
4%
|
5%
|
6%
|
|
Absenteeism
|
30%
|
25-28
|
22-24
|
19-21
|
16-18
|
13-15
|
0-12
|
|
|
|
hrs
|
hrs
|
hrs
|
hrs
|
hrs
|
hrs
|
|
LTIFR
|
40%
|
N/A
|
N/A
|
1
|
N/A
|
N/A
|
0
|
|
Equipment Damage
|
30%
|
$9001-
|
$8001-
|
$7001-
|
$6001-
|
$5001-
|
<$5000
|
|
|
|
$10000
|
$9000
|
$8000
|
$7000
|
$6000
|
|
Legend
|
Absenteeism
|
=
|
Average hours absenteeism per
employee
|
|
|
|
|
|
LTIFR
|
=
|
Number of lost time Injuries
|
|
|
|
|
|
Equipment Damage
|
=
|
Damage caused by operator
error
|
Appendix ‘B’
CONTINUOUS INCOME PAYMENT
(1) Purpose
This scheme is to provide employees with additional
security in the event of being unable to attend work due to non-work related
illness or injury.
(2) Principles
Employees are expected to provide for their own
security by accessing 6 weeks of existing leave entitlements.
These arrangements are not intended to support casual
absences or benefit employees with excessive absenteeism.
(3) Extended Wage
Support
Subject to the provisions of this clause, employees
will receive financial support at the ordinary rate of pay for their period of
incapacity, up to a maximum of 6 months.
In the event that the employee is unable to attend work
continuously for greater than 4 weeks due to personal illness or injury, the
employee would be required to exhaust a combined minimum of 6 weeks' annual
leave and long service leave. If the
period of incapacity extends beyond this 6 weeks, the employee will continue to
receive financial support for a maximum of an additional 16 weeks.
Where the employee is entitled to benefits arising from
personal injury insurance (e.g. motor vehicle CTP insurance, sporting injury
insurance, etc.) other than workers' compensation, the wage support otherwise
extended under this clause will be reduced by the amount of insurance benefit
paid. Where such monies are paid by an
insurer substantially after the absence, the employee is required to pay such
monies to the company.
Should circumstances arise where the company believes
that the conduct of the employee is such that principles outlined in (2) above,
the company may initiate a review with the employee and union representative to
determine the validity of the continued claim for wage support. This will be done in a consultative process
and any disputes arising from this process would be dealt in accordance with
the disputes procedure.
(4) Obligations of
Employees
Employees are required to provide all reasonable
evidence requested by the company as to the nature of their illness or injury,
including making themselves available for examination by medical
practitioners/specialists nominated by the company.
Employees are required to actively participate in any
reasonable rehabilitation or return to work program required by the company.
(5) Exclusions
The above arrangements will not extend to the
following:
Employees engaged on a casual or fixed-term basis
Permanent employees with less than 3 months' continuous
service
Absences covered by workers' compensation or arising
from work-related injury or illness
Casual absences or absences of short duration
Injury or illness arising from the unlawful actions of
the employee
Absences which would otherwise be covered by carer's
leave
Multiple periods of extended absences
Absences resulting from alcohol, drug or substance
abuse
Absences resulting from high risk sporting or
recreational activities generally precluded from personal accident insurance
arrangements (such as competitive motor sport, sky diving, etc).
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.