READYMIX HOLDINGS PTY LIMITED PENRITH TRANSPORT WORKSHOP NO.4 (STATE)
AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Readymix
Holdings Pty Limited.
(No. IRC 5076 of 2003)
|
Before Commissioner Connor
|
3 October 2003
|
AWARD
CONTENTS
Clause No. Subject Matter
1. Title of
Award
2. Arrangement
3. Parties
to the Award
4. Relationship
to Parent Award
5. Term of
the Award
6. No Extra
Claims
7. Review of
Award
8. Aims and
Objectives of the Award
9. Communication
10. Disputes
Procedure
11. Compliance
with Previous Awards
12. Stages of
this Award and Wage Adjustments
13. Work
Location
14. Electronic
Funds Transfer
15. Casual
Employees
16. Increased
Flexibilities
17. Competency
Recognition and Development
18. Night
Shift
19. Rostered
Days Off
20. Rest
Period after Overtime
21. Picnic Day
22. Meal
Allowance
23. Fitness
for Work
24. Redundancy
25. Apprenticeships
26. Safety
Health and Environment (SHE)
27. Performance
Bonuses
28. Consultative
Committee
29. Salary
Sacrificing
30. Anti-Discrimination
31. Relocation
32. Leave
Reserved
1. Title of Award
1.1 This award
shall be known as the Readymix Holdings Pty Limited Penrith Transport Workshop
No. 4 (State) Award 2003.
2.
Arrangement
2.1 This award
shall apply to the Penrith Transport Workshop at Sheens Lane, Castlereagh, New
South Wales ("Site") operated by Readymix Holdings Pty Limited
("Readymix") in respect of employees covered by the Quarrying
Industry (State) Award ("Award").
3.
Parties to the Award
3.1 This award
shall be binding on:
(1) Readymix;
(2) the
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union,
New South Wales Branch, ("Union"); and
(3) all heavy vehicle
mechanics covered by the Award and employed by Readymix at the Site.
4.
Relationship to Parent Award
4.1 This award
shall be read in conjunction with the Award.
4.2 Where there is
any inconsistency between the Award and this award, this award shall prevail to
the extent of any inconsistency.
5.
Term of the Award
5.1 This award
shall come into operation on 3 October 2003 and shall remain in force for a
period of 36 months.
6.
No Extra Claims
6.1 Except for
general movements in award wages granted by the Industrial Relations Commission
of New South Wales ("Commission") via State Wage Cases, that are not
subject to absorption, there shall be no further claims for wage increases
during the term of this award.
7.
Review of Award
7.1 The parties
agree to review this award no later than 3 months prior to the end of its
term. In the context of this review,
the parties shall examine both the operation of the award and the possibilities
of entering into a further award.
8. Aims and Objectives of the Award
8.1 The
parties to this award are committed to ongoing improvements in productivity,
efficiency and flexibility which in turn will continue to increase Readymix’s
competitiveness and offer secure and worthwhile employment for employees the
subject of this award.
8.2 Readymix has a business need to
continually improve and grow so that it becomes more competitive. Readymix has
developed a vision of the type of business it wants and the critical elements
necessary to transfer that vision to a reality.
8.3 It is the objective of this award for
the parties to continually implement the following Readymix core values:
(1) Safety Health And Environment
("SHE"): nothing comes before the safety of our employees and the
public.
(2) Employee Satisfaction: employees give
value to our customers and business when their hearts and minds are fully
engaged in their work.
(3) Customer Satisfaction: once we are
assured of the safety and well-being of our employees, nothing stands in the
way of us delivering on our commitments to our customers; and
(4) Operational Excellence: we operate as
efficiently and productively as possible in order to create value for our
employees, customers and owners.
9.
Communication
9.1 All employees
the subject of this award may be required to attend a communication session to
inform employees of the contents and requirements of this award.
9.2 Readymix will
advise employees the subject of this award in relation to the forward work
plans.
10. Disputes Procedure
10.1 A procedure for
the avoidance of industrial disputes and employee grievances shall apply to the
Site.
10.2 The objective
of the procedure shall be to promote the resolution of disputes / grievances by
measures based on consultation, co-operation and discussion, to reduce the
level of industrial confrontation and to avoid interruption to the performance
of work and the consequential loss of production and wages.
10.3 Any employees or
delegates should obtain permission from their manager or supervisor prior to
leaving their workstation to consult with the employer. Such permission shall
not be unreasonably withheld. All union business, in relation to this
procedure, shall be conducted by the employee in normal time.
10.4
(1) Procedures
relating to grievances of individual employees
(a) The employee
is required to notify (in writing or otherwise) Readymix as to the substance of
the grievance, request a meeting with Readymix for bilateral discussions and
state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, Readymix must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) If they so
choose the employee may be represented by the Union.
(2) Procedures
relating to disputes etc between employers and their employees
(a) A question,
dispute or difficulty must initially be dealt with as close to its sources as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a procedure
is being followed, normal work must continue.
(d) Readymix may be
represented by its lawyer or an industrial organisation of employers and the
employees may be represented by the Union for the purposes of each procedure.
10.5 There shall be a
commitment by the parties to achieve adherence to this procedure. This should
be facilitated by the earliest possible advice by one party to the other of any
issue or problem which may give rise to a grievance or dispute.
10.6 Reasonable time
limits shall be allowed for the completion of the various stages of the
discussions. At least 7 days should be
allowed for all stages of the discussions to be finalised.
10.7 Emphasis shall
be placed on a negotiated settlement. However, if the negotiation process is
exhausted without the dispute being resolved, the parties shall jointly or
individually refer the matter to the Commission for assistance in resolving the
dispute.
10.8 In order to
allow for the peaceful resolution of grievances and disputes the parties shall
be committed to avoid industrial action including, stoppages of work, lock-outs
or any other bans or limitations on the performance of work while the above
procedure is being followed.
10.9 Readymix shall
ensure that all practices applied during the operation of the procedure are in
accordance with their obligations under the Occupational Health and Safety
legislation in New South Wales and consistent with established custom and
practice at the workplace.
11. Compliance With Previous Awards
11.1 The parties
will ensure that the commitments and requirements arising from previous awards
are met and are the starting point for further improvements to be made with in
the term of this award.
11.2 The previous
awards referred to in 11.1 are:
(1) the CSR
Limited trading as The Readymix Group Sydney Construction Products and Country
Divisions Quarries Enterprising Bargaining Framework Award 1994;
(2) the CSR T/A
The Readymix Group Penrith Transport Workshop Enterprise Agreement No. 1
(State) Award 1996;
(3) the CSR LTD
trading as The Readymix Group Penrith Transport Workshop No..2 (State) Award
1998; and
(4) the CSR
Limited trading as The Readymix Group Penrith Transport Workshop No. 3 (State)
Award 2001.
12. Stages of this Award and Wage
Adjustments
12.1 The following
wage increases shall apply to the employees of the Site in the classifications
covered by the Award. Expense related allowances are not to be increased unless
adjusted in the Award.
12.2 The wage adjustments
in this award shall comprise 3 stages:
(1) Stage
1
From the first pay period on 15 May 2003 a 4% wage
increase shall be paid to the employees covered by this award.
(2) Stage 2
From the first pay period 12 months after 15 may 2003 a
further 4% wage increase shall apply and be paid to employees covered by this
award.
(3) Stage 3
From the first pay period 24 months after 15 May 2003 a
further 4% wage increase shall apply and be paid to employees covered by this
award.
13. Work Location
13.1 During the life
of this award should Readymix require employees to work at its Albion Park
Quarry, Readymix will prior to doing so gain the employees’ agreement.
14. Electronic Funds Transfer
14.1 Payment of
wages shall be paid weekly by Electronic Funds Transfer into an account/s
nominated by the employee.
15. Casual Employees
15.1 A casual
employee is one engaged and paid as such. A casual employee shall be paid 1/38
of the weekly rate plus 15% for all work performed plus 1/12 for annual leave,
provided that this clause shall not be used to make current permanent employees
casuals.
16. Increased Flexibilities
16.1 Employees shall
undertake duties and tasks as directed, provided such employees have the skills,
competence and training to perform such tasks as directed.
16.2 Employees the
subject of this award are committed to co-operate with and undertake all
relevant training as directed by Readymix to meet the needs of the business.
16.3 Readymix shall
ensure that the provisions of the Award relating to employees’ classifications
are adhered to when implementing this clause.
17. Competency Recognition and Development
17.1 A skills matrix
will be developed by the parties. The matrix will identify the required
competencies necessary at the enterprise level. Each employee will be assessed
to determine the competencies actually held from time to time. Where there is a
gap between the actual competencies held by employee(s) and those required by
the business, this will form the basis of an enterprise training plan.
17.2 Where an
employee undertakes training that is required by an enterprise training plan,
and that is approved by Readymix ("approved training"), the employee
shall, as far as practicable, attend the approved training during the
employee’s normal hours of work.
17.3 An employee
attending approved training will be entitled to receive the same remuneration
that they would have received for any duties they would have been required to
perform if they were not attending approved training.
17.4 Readymix will
be responsible for paying all costs related to employees attending approved
training, including any licensing fees and reasonable travel costs.
18. Night Shift
18.1 Ordinary hours
for night shift shall finish subsequent to midnight and at or before 8.00am.
18.2 Night shift
hours in 18.1 above may be altered by Readymix by providing 7 days’ notice of
such alteration.
19.
Rostered Days Off
19.1 Rostered days
off shall be implemented by agreement to suit the needs of the business and
employees concerned. Such agreement shall not be unreasonably withheld by
either party.
20. Rest Period After Overtime
20.1 For the purpose of clause 4.7 (overtime) subclause
(2) Rest Period after Overtime, of the Award, the relevant time period for
consecutive hours off duty shall be 9 hours.
21.
Picnic Day
21.1 The picnic day
may be taken on an alternate day other than the scheduled day, by agreement
between Readymix and employee(s) concerned.
22. Meal Allowance
22.1 An employee who
is required to work overtime for more than 2 hours beyond the cessation of the
employee’s ordinary hours of work for that day, shall be paid a meal allowance
of $9.49. This allowance shall be paid after every 4 additional hours of
overtime worked on any one day.
23.
Fitness for Work
23.1 The parties
recognise the importance of the provisions stated in Section 31 of Part 3,
Division 2 of the Mines Inspection
General Rule 2000, in force under the Mines
Inspection Act 1901, and are committed to development and implementation of
practical solutions to meet these obligations.
24. Redundancy
24.1 Readymix’s Duty
to Notify
(1) Where Readymix
has made a definite decision to introduce changes in production, programme,
organisation, structure or technology that are likely to have significant
effects on employees, Readymix shall notify the employees who may be affected
by the proposed changes and the Union.
(2) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of Readymix’s workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or location and the
restructuring of jobs.
24.2 Readymix’s Duty
to Discuss Change
(1) Readymix shall
discuss with the employees affected and the Union, inter alia, the introduction
of the changes referred to in 24.1(1), the effects the changes are likely to
have on employees and measures to avert or mitigate the adverse effects of such
changes on employees, and shall give prompt consideration to matters raised by
the employees and/or the Union.
(2) The
discussions shall commence as early as practicable after a definite decision
has been made by Readymix to make the changes referred to in 24.1(1).
(3) For the
purpose of such discussions, Readymix shall provide to the employees concerned and
the Union all relevant information about the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect
employees, provided that Readymix shall not be required to disclose
confidential information, the disclosure of which would adversely affect
Readymix.
24.3 Discussions
Before Terminations
(1) Where Readymix
has made a definite decision that it no longer wishes the job the employee has
been doing to be done by anyone pursuant to clause 24.1(1), and that decision
may lead to the termination of employment, Readymix shall hold discussions with
the employees directly affected and the Union.
(2) The
discussions shall take place as soon as is practicable after Readymix has made
a definite decision which will invoke paragraph 24.1(1) and shall cover, inter
alia, any reasons for the proposed termination and measures to mitigate any
adverse effects of any termination on the employees concerned.
(3) For the
purpose of the discussions Readymix shall, as soon as practicable, provide to
the employees concerned and Union all relevant information about the proposed
terminations, including the reasons for the proposed terminations, the number
and categories of employees likely to be affected, and the number of employees
normally employed and the period over which the terminations are likely to be
carried out, provided that Readymix shall not be required to disclose
confidential information, the disclosure of which would adversely affect
Readymix.
24.4 Notice for
Changes in Production, Programme, Organisation or Structure
(1) This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from "production", "programme",
"organisation" or "structure" in accordance with paragraph
24.1(1). In order to terminate the employment of an employee, Readymix shall
give 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
|
|
More than 5 years
|
4 weeks
|
(2) 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 two years’ continuous service, shall be entitled
to an additional week’s notice.
(3) 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.
24.5 Notice for
Technological Change
This subclause sets out the notice to be applied to
terminations by Readymix for reasons arising from "technology" in
accordance with paragraph 24.1(1).
(1) In order to terminate
the employment of an employee Readymix shall give to the employee three months’
notice of termination.
(2) 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.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955 (NSW), the Annual
Holidays Act 1944 (NSW), or any Act amending or replacing either of these
Acts.
24.6 Time Off During
the Notice Period
(1) During the
period of notice of termination given by Readymix, an employee shall be allowed
up to one day’s time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purpose of seeking other employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of Readymix, be required to produce proof of attendance at an interview
or the employee shall not receive payment for the time absent.
24.7 Employee
Leaving During the Notice Period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with Readymix until the expiry of such notice, provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
24.8 Statement of
Employment
Readymix shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work being performed by the employee.
24.9 Department of
Social Security Employment Separation Certificate
Readymix shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by the
Department of Social Security.
24.10 Transfer to
Lower-Paid Duties
Where an employee is transferred to lower-paid duties for
reasons set out in paragraph 24.1(1), the employee shall be entitled to the
same period of notice of transfer as the employee would have been entitled to
if the employee’s employment has been terminated, and Readymix may, at the
employer’s option, make payment in lieu thereof of an amount equal to the
difference between the former ordinary-time rate of pay and the new
ordinary-time rates for the number of weeks of notice still owing.
24.11 Severance Payments
(1) In addition to
the giving of notice in accordance with this clause, Readymix will pay the
higher of the following options for severance pay to an employee whose
employment will be terminated as a result of redundancy:
(a) Two weeks’ pay
for each year of continuous service (pro rata) to a maximum of 52 weeks’ pay
(inclusive of notice of termination in accordance with this clause); or
(b) If the employee
is under 45 years of age:
|
Years
of Service
|
Under
45 Years of Age Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
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
|
or
If the employee is 45 years of age or over:
|
Years
of Service
|
45
Years of Age and Over Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
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
|
24.12 Alternative
Employment
Readymix, in a particular redundancy case, may make
application to the Commission to have the severance pay prescription in
subclause 24.11 varied if it obtains acceptable alternative employment for an
employee.
25.
Apprenticeships
25.1 Readymix
recognises the importance of succession planning and the maintenance of skills.
To this end Readymix may engage apprentices subject to operational requirements
and needs of the business. The system of employing apprentices will be open to
review as and when Readymix requires.
26.
Safety Health and Environment (She)
26.1 Employees
recognise their responsibility for improving workplace safety, health and
environment ("SHE") and commit to:
(1) knowing and following
the SHE requirements related to the job and workplace;
(2) constantly
reviewing the workplace for hazards and initiating appropriate corrective
actions or reporting the hazard to the supervisor or manager;
(3) reporting to
work fit for duty; and
(4) reporting all
improper SHE practices observed at the workplace to the supervisor or manager.
27.
Performance Bonuses
27.1 In
addition to the wage increases as set out in clause 12 of this award, employees
the subject of this award will receive the following additional annual
performance bonuses provided that the criteria set out in this clause are met:
(1) 1%
of Quarry Tradesman level 4 rate, should the employee have no recordable
injuries during the 12-month period. A recordable injury is any injury with the
classification of Medical Treatment (MT), Restricted Work (RW) or Lost Time
(LT) - category 2,3,4 & 5.
(2) 1%
of Quarry Tradesman level 4 rate, should the employee have nil rework during
the 12-month period; and
(3) 1%
of Quarry Tradesman level 4 rate, should during the 12-month period the Site
achieve a 10% improvement on the previous 12-month period’s Earnings Before
Income and Tax (EBIT). EBIT figures will be available to employees the subject
of this award in respect of their operation at any time upon request.
27.2 The
performance bonus under 27.1(2) will only be payable where the employee also
achieves the performance bonus under 27.1(1).
27.3 The
performance bonus under 27.1(3) will only be payable where the employee also
achieves the performance bonuses under 27.1(1).
27.4 The
performance bonuses under this clause are not cumulative and are calculated on
the base wage exclusive of overtime and allowances.
27.5 Any
bonus will be paid as a lump sum on the anniversary of the commencement date/s
of this award.
27.6 The
12-month periods to be measured for the purposes of this clause will be taken
from the date of commencement of this award (and the anniversary of such date
thereafter).
28.
Consultative Committee
28.1 The parties agree
to establish a site Consultative Committee. The membership, agenda and meeting
frequency will be set by agreement between the parties.
29.
Salary Sacrificing
29.1 Remuneration
under this award and the Award may, by the operation of this award, be made up
entirely of wages or, at the option of an employee (other than a casual
employee) and subject to Readymix’s prior agreement, wages and a superannuation
contribution to the relevant Readymix superannuation fund. Wages and
superannuation are the two components which will make up remuneration. The sum
allocated to each component will be negotiated initially between Readymix and
the employee and thereafter renegotiated in accordance with this clause.
29.2 Should Readymix
make a superannuation contribution in accordance with this clause, it shall
not, to the extent of that contribution, be liable to pay wages to the employee
under this award, or the Award.
29.3 The opportunity
for an employee to initially negotiate the components of remuneration as per 29.1
above shall be available once per year at a time and in accordance with
procedures determined by Readymix and may only be changed during the period
specified in accordance with procedures established by Readymix.
29.4 In the event
that changes in relevant legislation, tax office rulings or determinations
remove or alter Readymix’s capacity to maintain the salary sacrifice
arrangements pursuant to this clause, Readymix will be entitled to withdraw
from these arrangements by giving notice to each affected employee.
30. Anti-Discrimination
30.1 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 (NSW) 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.
30.2 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.
30.3 Under the Anti-Discrimination Act 1977 (NSW), 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.
30.4 Nothing in this
clause is to be taken to affect:
(1) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(2) offering or
providing junior rates of pay to persons under 21 years of age;
(3) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977 (NSW); and
(4) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
30.5 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.
31.
Relocation
31.1 If Readymix
makes a definite decision to relocate its workplace from the Penrith Quarry to
another workplace, it shall provide employees with a minimum of three months’
notice of the relocation. The notice of relocation to the employees will
include the location of the new workplace and the functions that Readymix
wishes employees to perform.
31.2 Employees who
are relocated will each receive a one-off payment of $500.00 which will be paid
to the employees within one month of the relocation.
31.3 If Readymix
obtains an order that it not pay redundancy pay under subclause 24.12 of this
Award on the basis of a relocation because it has obtained acceptable
alternative employment, an employee may apply to Readymix for redundancy pay on
the basis of hardship, in which case Readymix will consider the application and
consult with the employee concerned and the Union before making a final
decision.
32.
Leave Reserved
32.1 During the life
of this Award it is available to the parties to initiate discussions with
respect to protection of employment entitlements.
P. J. CONNOR, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.