State Crest
New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C2470
Award Code 1502  
Date Posted04/07/2004

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Application by The Australian Industry Group New South Wales Branch, an organisation of employers and a  State Peak Council for Employers.


(No. IRC 6353 of 2003)


Before Commissioner Connor

24 November 2003








1.  Arrangement


2.  Award Title


This award shall be known as the Bullivants Pty Limited - Unanderra Award.






1.         Arrangement

2.         Award Title

3.         Award Objectives

4.         Award commencement date and period of operation

5.         Parties bound

6.         Coverage of award

7.         Review of award

8.         No extra claims






9.         Job flexibility






10.       Consultation

11.       Dispute and grievance handling






12.1     Employment categories

12.2     Performance management

12.3     Discipline

12.4     Termination of employment

12.5     Redundancy

12.6     Equal opportunity






13.1     Payment of wages

13.2     Performance related payments scheme - Section Deleted

13.3     Job model and pay structure

13.4     Allowances

13.5     Absorption






14.1     Arrangement of ordinary hours

14.2     Day work

14.3     Rest periods/ meal breaks

14.4     Overtime






15.1     Annual leave

15.2     Long Service Leave

15.3     Sick leave

15.4     Maternity leave

15.5     Paternity leave

15.6     Adoption leave

15.7     Bereavement leave

15.8     Compassionate leave

15.9     Family leave

15.10   Jury service

15.11   Community service / Defence Force Ready Reserve leave

15.12   Public holidays






16.1     Excess travelling and fares

16.2     Distant work

16.3     Payment for travelling






17.1     Trainees and probationary period

17.2     Qualified trades new starters

17.3     Determining skill requirements

17.4     Certification of competence

17.5     Payment for training

17.6     Travel costs due to training

17.7     Training outside approved areas

17.8     Changes in skill requirements

17.9     Retention of rate until competence is certificated

17.10   Skills no longer required

17.11   Development of competency standards






18.1     Safety and environment

18.2     Accident make-up pay - Section Deleted

18.3     Workplace rehabilitation






3.  Award Objectives


3.1        This award aims to implement workplace practices and conditions that facilitate continuous improvement in safety,' productivity, cost reduction and customer service performance.  It will do this by developing a more flexible and skilled workforce, fostering teamwork through effective communication and employee involvement and treating all employees with respect as individuals.


3.2        This award seeks to encourage and reinforce a workplace and business culture which:


3.2.1     protects employees from injury and requires working safely as a condition of employment.


3.2.2     at all times provides customers with products that meet their quality expectations.


3.2.3     abides by all laws and applies high ethical standards.


3.2.4     uses total quality methods and principles.


(a)        Satisfy customers


(b)       Measure results


(c)        Continually improve


(d)       Involve everyone in improvement


3.2.5     requires excellent standard of workmanship, productivity and customer service from all employees


3.2.6     meets and exceeds legal requirements and community expectation with regard to environmental management. 


3.2.7     manages the business for the benefit of shareholders.


3.2.8     treats all employees and potential employee equally.


4.  Award Commencement Date and Period of Operation


This award commences from 5 November 2003 and will operate until 5 November 2004.  An increase of 4% to base rate is applicable from 1 July 2003.  This award rescinds and replaces the Bullivants Pty Ltd Unanderra Award published 15 March 2002 (331 I.G. 1534).


5.  Parties Bound


The parties bound by this award are:


5.1        Bullivants Pty Limited - Unanderra


5.2        Employees of Bullivants Pty Limited - Bullivants Lifting Products - Unanderra in the classifications set out in Part 5 of this award. 


5.3        Australian Workers Union (AWU) NSW.


6.  Coverage of Award


This award applies to all employees of Bullivants Pty Limited - Unanderra employed in the classifications set out in Part 5 of the award.


7.  Renegotiation of Award


The parties agree that this award will be renegotiated and that such negotiations will commence no later than 1 April 2004.


8.  No Extra Claims


It is a term of this award that the Unions undertake for the period of 12 months after the award is made not to pursue any extra claims, or other awards. This includes any claims related a National or State wage case decisions.


Discussions will be allowed to continue on alternative employment awards which may involve a departure from existing award provisions for a site or section.  These discussions may be designed to improve work arrangements for employees and business performance.  These discussions will not involve resort to industrial action or arbitration. This award does not prevent the parties from exercising any award right.






9.  Job Flexibility


Employees will work flexibly within the limits of what they are trained to do and what it is safe to do.


There will be no restriction to suitable award based employees being trained in and work at appropriate rates for time worked in classifications outside the scope of this award. In addition, there will be no restriction to non-award employees performing work within the scope of this award which is incidental to their normal duties. For example, a Counter Sales Officer or Warehouse Supervisor will be able to select and pick product from shelves and a Technician will be able to make a sale to a cash sales customer.






10.  Consultation


10.1      The parties are committed to open consultation and input on key issues affecting the business and employees work lives.


10.2      To this end the employer, employee/s and union/s will establish and maintain consultation procedures for each site.  The procedures will ensure that key issues are openly discussed. Key issues include:


10.2.1               any issue of major change


10.2.2               employee relations


10.2.3               safety


10.2.4               efficiency


10.2.5               customer requirements


10.2.6               training


10.2.7               productivity


11.  Dispute and Grievance Handling


11.1      Objective


This procedure aims to:


11.1.1               Promote the Resolution of Disputes Through Consultation, Co-Operation, and Discussion


11.1.2               avoid interruption to the performance of work and the resulting loss of production and wages.


11.2      Procedure


11.2.1               The matter is to be discussed between the employee/s concerned and their immediate Supervisor. The employee / s may invite a union delegate to attend.


11.2.2               If unresolved, the employee/s, union delegate and/or Supervisor will immediately refer the matter to the site manager of nominated representative.


11.2.3               If unresolved, the employee/s shall notify an authorised representative of the Union who shall immediately take the matter up with site manager or the nominated union representative.


11.2.4               If still unresolved, and the employee/s or Company wish to pursue it further, the matter may be referred to the New South Wales Industrial Relations Commission.


11.3      Fast tracking - Imminent stoppage of work


If a Union representative is of the view that a ban or limitation is about to happen he/she will request an immediate conference involving the site representative, the Branch Manager and, if applicable, a local union representative. The Branch Manager will seek advice from the Managing Director or designated officer.


11.4      Continuity of production


To protect the credibility of the Company and the job security of employees, the parties agree that work will continue without interruption during the progress of issues.


11.5      Occupational health and safety issues


Where matters relating to Health and Safety of employees arise:


11.5.1               The employee will raise the matter with their Supervisor.


11.5.2               The Supervisor will take corrective action to allow work to continue without risk to health and safety.


11.5.3               Should the corrective action be disputed an immediate conference of relevant personnel, Company officers and if requested, a union representative, will be called to participate. As necessary, the appropriate Government safety authority can be involved.


Part 4




12.1      Employment Categories


Employees shall be employed under one of the following categories:


12.1.1               Full-time employees


Full time employees are employed by the week. A three (3) month probation period will apply to new employees.


12.1.2               Part time employees


Part‑time employees are employed by the week to work a constant number of hours that average less than the 38 hours per week.


Part-time employees receive all entitlements under the Award on a pro-rata basis.  Part time employees are paid an hourly rate calculated by dividing the ordinary hours of an equivalent employee by 38.  A three month probation period will apply to new employees.


12.1.3               Casual employees


Casual employees are employed by the day on the pay rate set out in Section (5.3) with a loading of 20% above & ordinary hours rate paid in place of leave entitlements arising from the Award.


Casuals may be employed for up to three (3) months on a continuous basis.


12.1.4               Fixed term employees


Fixed term employees are employed for a specified period of time to perform a specific task or tasks.  The employee is not entitled to any form of retrenchment or redundancy pay arising from this award on the conclusion of the fixed term.


Employment of fixed term employees will be subject to the requirements of the business with the following time limits:


(a)        A maximum of six (6) months with the possibility of one (1) additional three (3) month period, or


(b)       The conclusion of a particular project which will be specified to the employee at the start of their employment. Again there is the possibility of one (12) additional three (3) month period following conclusion of the project if Branch requirements exist.


12.1.5               Consideration of casual and fixed term employees if a permanent position arises


Any casual or fixed term employee will be given first consideration for any permanent position arising during their casual or fixed term periods.  Appointment will depend on the nature of the permanent work being similar to that being performed on a fixed term or casual basis and on the skills, conduct and performance of the casual or fixed term employee to that time.


Should an employee accept permanent employment during or at the end of a fixed term, their service will be backdated to the commencement of the term.


12.2      Performance management


12.2.1               Objective


The performance management and discipline procedures are designed to encourage employees towards continuous improvement in the quality of their work and their work lives.  The parties agree that this is a joint responsibility.


12.2.2               Components of performance management


To achieve this objective the parties agree to working with and through the following policies and procedures:


(a)        Clear standards of acceptable behaviour and competence will be explained and followed.


(b)       Effective training will be given to allow these standards to be achieved.


(c)        Competence and behaviour will be assessed.


(d)       Excellent performance will be acknowledged and encouraged.


(e)        Ongoing review of work performance and behaviour will occur informally and through more formal methods such as a Performance Review system.


(f)        Assistance and counselling will be provided where individual, personal problems are temporarily preventing the achievement of acceptable standards.


(g)       A staged disciplinary procedure will be applied where performance is not satisfactory.


12.3      Discipline


Each case of discipline will be considered on its merits. The emphasis should be on prevention and correction of discipline problems rather than punishment.


Examples of discipline issues include, but are not limited to: absenteeism, safety breaches such as failure to wear safety glasses, insolence to supervisors, sleeping on the job, poor quality or inefficient work, failing to report for an arranged overtime shift.


12.3.1               Discipline procedure


Where a discipline issue occurs, the employee's immediate Supervisor has the authority to discipline, up to a Second Formal Warning.


Discipline issue - First occasion

Counselling on the problem. Obtain commitment


to improve and assist the person to achieve this


improvement. Set a date to review performance.

Discipline issue - Second occasion

First formal warning - record. Set a date to


review performance.

Discipline issue - Third occasion

Second formal warning - record. Set a date to


review performance.

Discipline issue - Fourth occasion

Final warning - record - advise union in writing


that the employee has been told future breaches


will lead to dismissal. Final warning counselling


by a Union official may be useful at this stage

Discipline issue - Fifth occasion

Dismissal - Refer to 12.4 Termination of




12.4      Termination of employment


12.4.1               Termination by the company


Except in cases of instant dismissal the Company will issue the following period of notice:


Period of continuous service

Period of notice

Period of notice



if over 45 years old

1 years or less 1 week 1 week

1 week

1 week

1 year & up to the completion of 2 years

2 weeks

2 weeks

2 years & up to the completion of 3 years

2 weeks

3 weeks

3 years & up to the completion of 5 years

3 weeks

4 weeks

5 years & over

4 weeks

5 weeks


12.4.2               Termination by the employee


An employee will give at least one weeks' notice. If an employee falls to give notice the Company has the right to withhold monies due to the employee with a maximum amount equal to the week's notice.


12.4.3               Casual employees


Casual employees may be terminated by one day's notice by either party or forfeiture of one day's pay.


12.4.4               Abandonment of employment


An employee is considered to have terminated their employment without notice if absent from work for more than three (3) days without consent of the Company or without notification by the employee, or by someone on the employee's behalf. This is unless reasonable cause for the absence is shown within fourteen (14) days.


This procedure limits the right of the company to instantly dismiss an employee to take such disciplinary action as warranted in the circumstances. This may include the issuing of a final warning on the first occasion of misconduct.


12.4.5               Appeals of instant dismissals


If a union representative or employee alleges that an instant dismissal is harsh, unjust or unreasonable, the company will stand down the employee/s in question for up to seven (7) days without pay. During this time the matter will be discussed between the union and the company.


12.5      Redundancy


The company is committed to providing security of employment. The parties to this award recognise however that market downturns, closure of plant, changes in work practices and technology can result in the need to reduce employee numbers.


Once a decision has been made to reduce employee numbers through redundancies, the company will hold discussions with employees directly affected and the union/s.  These discussion will occur as soon as possible after a decision has been made and must be undertaken prior to terminations taking place.


In the discussion the parties will consider the options available, and if necessary negotiate a redundancy agreement.


12.6      Equal opportunity


The company promotes a workplace that is free from harassment and discrimination.


Entry into the company, selection for jobs, training and career progression and termination will be determined by merit and criteria related to effective performance of the job.






13.1      Payment of wages


Wages will be paid weekly, into a bank account/s, building society/s or credit union/ s nominated by each employee.


13.2      Performance related payments scheme deleted. (Section Deleted).


13.3      Job model and pay structure.


This section sets out the minimum rate of pay per 38 hour week for employees working within the classifications and general descriptions set out below. They are general descriptions of typical competencies.  They are not intended to be complete and all inclusive descriptions of duties. They may be reviewed from time to time at the request of either party and can be altered by agreement between the parties. The rates are to compensate for all responsibilities, accountabilities, skills, conditions for competent performance, with the exception of those situations described in section 13.4 Allowances.


There will be a wage increase of 4% operative from the first pay period to begin on or after 1 July 2003 as calculated below.



General description of competency

Weekly rate

Weekly rate



from 1 July

from 1 July





Technician 1 (Trainee)

Trainee stage.








3 months to obtain induction, safety




and quality skills.




This rate is paid from day 1 until the




time that the competencies in




Technician 2 level are achieved.




Able to competently assist other







Technician 2

General machine manufacturing




processes, measurement and




identification of products including:




Machine sling manufacture to AS1666




Length variation/ Markback




Select correct die, ferrule and thimbles




Gauge rope size.




Press control.




Coil and rope size length




Covering/ strapping and weighing




Pick slip system




Coil machine control




Instruct others




Bin location




Identify correct swage fittings




Measure and record rope fittings




Hardware identification



Technician 3

Splicing and stores clerical work




procedures including:








Receipting/ unloading




Crane licence




Forklift licence




Keyboard skills




Form Australoc eyes and splicing




Square laid splicing




Rigger/Splicer certificate




Chain sling repair




Resin socketing




Lifting gear repair




Counter sales




Fibre rope splicing



Technician 4

More complex and critical splicing and




manufacturing work than that performed




at level 3 including:




Non rotating splicing




Long splicing




White metal socketing




Gas weld




Electrical weld




Test machine operation




Chain block disassembly/ repair




Rope installation




Drivers licence




NATA signatory



Technician 5

Repair and installation of lifting




equipment requiring certificate








Any other Technician skills as required




Trade maintenance work



Technician 6

Complex repair and installation work




requiring relevant post trade




Qualifications and significant experience




in specialist areas including:




Mechanical repairs




Installation of lifting and rope







Technician 7

Complex repair and installation work




requiring relevant post trade




Qualifications and significant experience




in specialist areas including:




Electrical control systems




Repair of detailed electronic and radio




control systems




13.4      Allowances


All the above rates of pay are inclusive of all responsibilities, skills and conditions, except for the following allowances:


13.4.1               Field services


While working on site at AlS employees will be paid an allowance of $27.80 per week.


This allowance is based on the National Engineering and Metals On-Site Construction Award 1989, Disability Allowance - Australian Iron and Steel Proprietary Limited, Port Kembla.


Employees who do regular Field Services work at AIS, Port Kembla site are entitled to an all-purpose allowance of 13.90 per week. This allowance is subject to review according to the amount of time spent at the site of BHP Steel (AIS) Pty Ltd at Port Kembla. This payment shall be made in compensation for the particular disabilities experienced on these sites.


This allowance will form part of the weekly rate of pay.


13.4.2               Leading hand (Team Leader) allowance


A leading hand allowance of $21.50 per week will apply to employees appointed to be directly in charge of 3 to 10 other employees.


A leading hand allowance of $32.20 per week will apply to employees appointed to be directly in charge of 11 to 20 employees.


A leading hand allowance of $40.90 per week will apply to employees appointed to be directly in charge of more than 20 employees.


The leading hand allowance is based on the Metal, Engineering and Associated Industries Award 1998.


13.4.3               First aid allowance


An employee with St John Ambulance or similar first aid qualifications who is appointed to apply those qualifications will be paid $9.30 per week.

The first aid allowance is based on the Metal, Engineering and Associated Industries Award 1998.


13.4.4               Site supervisor allowance


A site supervisor allowance of $2.00 per hour will apply to employees who are appointed as Site Supervisor for specific jobs.


13.5      Absorption


The rates of pay in this award include the adjustments payable under the State Wage Case 2001.  The adjustments may be offset against any equivalent over award payments and/or award wage increases since 29 May 1999, other than Safety Net, State Wage Case and minimum rate adjustments.






14.1      Arrangement of ordinary hours


14.1.1               Management in consultation with the union and employees will determine the hours of operation for each site or section based on customer requirements and production needs.


(a)        Ordinary hours will be an average of thirty-eight (38) hours per week.


(b)       Ordinary hours of work will be worked continuously, except for meal breaks within an agreed spread of hours.


(c)        Organisation of ordinary hours will determined mutually between management and the majority of employees at each site or section having regard to the needs of both the business and the employees.


(d)       Arrangement of ordinary hours can include systems such as:


(i)         Standard hours of 8 hours each day


(ii)        Splitting day shifts, for example 6am and 10am starts


(iii)       Part days off, weekly, fortnightly or monthly


(iv)       Accrual of hours to allow taking time off as part of other leave entitlements


(v)        A 38 hour week Roster Day Off is available in every 28 days.  Rostered Days off are used to ensure that a person's ordinary hours equal 38 hour per week over the four week cycle. An individual employee, with the agreement of his or her employer, may substitute the day he or she is to take off for another day. By mutual agreement, a maximum of three (3) rostered days off may be accrued in any year.


14.1.2               Except for continuous shift work or a split shift system (in which Saturday will be a normal day), ordinary hours may be worked on any or all the days of the week, Monday to Friday.


14.1.3               Any hours worked outside the agreed ordinary hours will be treated as overtime.


14.2      Day work


A day worker is an employee whose ordinary hours of work are within the agreed spread of hours.

Spread of hours will be from 6am to 6pm. Note that this can be varied by mutual agreement between management and the majority of employees at each site or department.


14.3      Rest periods/meal breaks


14.3.1               Employees are not required to work mere than five (5) hours without a break for a meal, except by agreement.


14.3.2               Meal breaks and rest periods may be staggered to meet production and/or customer requirements.


14.3.3               Duration of meal breaks and rest periods will be agreed between management and employees in each department or site.


14.3.4               Meal breaks for day shift workers are unpaid.


14.4      Overtime


14.4.1               For all work done outside ordinary hours, including Saturday, employees will be paid at the rate of time and a half for the first two hours and double time thereafter.


14.4.2               Continuous shift workers and split shift employees will receive double time for all overtime.


14.4.3               An employee will be paid at the rate of double time for all work done on Sundays.


14.4.4               An employee will be paid at the rate of double time and a half for work done on public holidays.


14.4.5               By agreement with the company, an employee may take time‑off in lieu of payment of overtime. This will be at the rate of one hour of leave for one hour of overtime worked.


14.4.6               An employer may require any employee to work reasonable overtime at overtime rates and the employee will work overtime in accordance with this requirement.


14.4.7               Rest period after overtime When overtime work is necessary, it will, whenever reasonable practicable, be arranged so that employees should have at least 8 consecutive hours off duty between the work of successive days.


If employees who work so much overtime between ordinary days that they do not get a 8 hour break, they will be released after completing the overtime until they have had 8 hours break. There will be no loss of ordinary pay in this case.


If such employees continue working without the 8 hour break they will be paid overtime until released and then allowed to take a 8 hour break. There will be no loss of pay for ordinary working time occurring during the absence.


14.4.8               Crib time


An employee working overtime will be allowed a crib time of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib time.


Note however that where a day worker is required to work overtime on a Saturday or on a rostered day off, the first prescribed crib time will, if occurring between 10am and 1pm be paid at ordinary time rates.


An employee, before starting overtime after working ordinary hours, will be allowed a meal break of twenty (20) minutes. This will be paid for at ordinary rates. This break will not apply if the period of overtime is less than one and a half hours. An employer and employee may agree to a variation of this provision to meet the circumstances of the work. This is provided that there will be no payment for any time in excess of 20 minutes.


14.4.9               Meal allowance


An employee required to work overtime for more than two (2) hours without being notified on the previous day or earlier that they will be so required to work will be either:


(a)        supplied with a meal, or


(b)        paid $7.20 for the first meal and each subsequent meal.


Unless the employer advises an employee on the previous day or earlier that the amount of overtime to be worked will necessitate a second or subsequent meal, the employer will provide the second and/or subsequent meals or make payment in lieu. If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, the employee will be paid as above prescribed for meals which the employee has provided but which are surplus.


14.4.10             Transport of employees


When an employee, after having worked overtime or a shift for which the employee has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer will provide the employee with a conveyance home, or pay the employee their current wage for the time reasonably occupied in reaching home.


14.4.11             Call back


An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) will be paid for a minimum of four hours work for each recall. The employee will not be required to work the full four hours if the job the employee was recalled to perform is completed within a shorter period. This subsection will not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside the employee's ordinary working hours.  It does not apply also where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.


Overtime worked in the circumstances specified in this subsection will not be regarded as overtime for the purpose of 14.5.9 when the actual time worked is less than three (3) hours.


14.4.12             Saturday work


A day worker required to work overtime on a Saturday will be afforded at least four hours work or paid for four hours at the appropriate rate except where such overtime is continuous with overtime commenced on the previous day.






15.1      Annual leave


15.1.1               Day shift and non‑continuous shift workers are entitled to annual leave accrued at the rate of one hundred and fifty‑two (152) hours per year of service (20 x 7.6 hour days). The Annual Holidays Act 1944 provides further detail of annual leave entitlements.


15.1.2               An annual leave loading of 20% of ordinary hours pay rate will be paid.


15.2      Long Service Leave


Full-time, part‑time and casual employees are entitled to long service leave after working for an unbroken period of ten years with the Company. The general entitlements to Long - Service Leave are set out below. The NSW Long Service Leave Act 1995 provides further detail of long service leave entitlements.


15.2.1               Entitlement


(a)        An employee receives two months paid leave after ten years of continuous service with the Company and one month paid leave for each additional five years service.


(b)       Continuous service is uninterrupted service with one employer, even if the worker's duties or position changes during that time. Not all absence from employment will break the continuity of an employee's service, even though they may not count for the purpose of calculation of the periods of service for long service leave (for example, parental leave).


15.2.2               Entitlement for less than ten years service:


An employee who has completed five years service as an adult is entitled to a long service pro rata payment if the employee:


(a)        resigns as a result of illness, incapacity, domestic or other pressing necessity;


(b)       is dismissed for any reason except serious and wilful misconduct;


(c)        dies.


15.2.3               Taking Long Service Leave:


(a)        When an employee becomes eligible for long service leave, the Company is required to grant it as soon as practicable. One month's notice should be given.


(b)       If both the Company and the employee agree, long service leave may be postponed to a mutually convenient, date.


(c)        Long service leave can be taken in one continuous period, or if the Company and the employee agree:


(i)         where the leave due is two months - in two separate periods;


(ii)        where the leave due is between two months and nineteen and one-half weeks - in two or three separate periods;


(iii)       where the leave exceeds nineteen and one-half weeks - in two, three or four separate periods.


(d)       Long service leave is paid at the ordinary pay rate which has been paid to an employee prior to taking leave or an average of the last five Years ordinary pay earnings, whichever is greater. Ordinary pay is the employee's ordinary time rate of pay plus an average of any bonus, commission or other incentive payments paid over the past1.2 months or the past five years, whichever is the greater. The cash value of board and lodgings is provided is also included. Shiftwork, other penalty rates and overtime payments are not included.


(e)        Before going on long service leave, the employee can choose to be paid in full for the leave or to be paid at their normal regular intervals during their long service leave.

(f)        If the Company and employee agree, a minimum of one month's long service leave can be taken in advance.


(g)       If a public holiday falls during long service leave, an extra day must be added to the long service leave.


(h)       Long service leave entitlements must be taken as leave. An employee cannot be paid out the value of their long service leave entitlement. Payment for long service leave entitlements is only made on termination of employment see 15.2.4.


15.2.4               Long service leave on termination:


The employee is entitled to receive a payment calculated in accordance with any long service leave entitlement due after ten years of continuous service. In the circumstances at 135.2.2 a pro rata leave payment may be due to an employee with less than ten years service.


15.3      Sick leave


Employees are expected to report to work punctually and regularly and to carry out normal duties until the designated finishing time. Good attendance is regarded as a most important requirement.  Absences are to be consistent - with this award and where an employee has been absent due to illness for two or more days, resumption must be preceded by medical clearance.


Sick leave is a form of insurance, this arrangement aims to protect employees, unable to attend for work because of personal illness form loss of wages.


Although sick leave is discretionary, a nominal 8 days of sick leave applies, treated on a case by case basis.


15.4      Maternity leave


Employees are eligible for unpaid maternity leave after twelve (12) months continuous service. The minimum period of leave will be six (6) weeks and the maximum fifty-two (52) weeks.


Employees who are granted maternity leave are entitled to return to work with the Company at the completion of the period of leave at the same level they were employed prior to the leave being taken. Maternity leave will not count for Company service, and annual and long service leave will not accrue during the period of absence.  Maternity leave will cease to be available on the child's first birthday. Employee's requesting maternity leave must do so in writing.  The request should be accompanied by a medical certificate stating the expected date of confinement.


15.5      Paternity leave


After twelve (12) months continuous service, a period of up to one (1) week unpaid paternity leave will be available to male employees at the time of confinement of their spouse. This leave is to assist the spouse to care for the family.


An additional unbroken period of unpaid paternity leave will be available to male employees in order to become the primary care-giver of the newborn child. Paternity leave will cease to be available on the child's first birthday.


The maximum amount of maternity and paternity leave available to a family will be fifty-two (52) weeks. Paternity leave will be reduced by any period of maternity leave taken by the employee's spouse and, except for the week at the time of the birth, will not be taken concurrently with her maternity leave.


Paternity leave will not count for Company service and annual and long service leave will not accrue during the period of absence.


15.6      Adoption leave


Adoption leave is available to any employee, male or female, who is adopting a child under the age of five years.


Up to three (3) weeks unpaid leave will be available to adopting parents at the time of placement of a child; in the case of an overseas adoption. This period of three (3) weeks "short" adoption leave may be taken by both parents concurrently.


In addition, employees will be entitled to up to two (2) days unpaid leave for the purpose of attending any compulsory interviews relating to the adoption.


Where paid leave is available to the employee the Company has the option of requiring the employee to utilise such available leave.


Employees requesting adopting leave must do so in writing.  The request should be accompanied by a legal certificate stating the proposed date of adoption.


15.7      Bereavement leave


An employee will be entitled to leave with pay for up to two (2) days on the death of an immediate family member.


15.8      Compassionate leave


Compassionate leave for domestic, personal or other reasons may be warranted on a case by case basis.


15.9      Personal/Carer’s Leave


15.9.1               Use of Sick Leave:            An employee, other than a casual employee, with responsibilities in relation to a class of person set out in hereunder who needs the employee’s care and support shall be entitled to use, in accordance with this sub-clause, any current or accrued sick leave entitlement provided for an 15.3 - 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.            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 sub-clause where another person has taken leave to care for the same person.            The entitlement to use sick leave in accordance with this sub-clause is subject to:


(a)        the employee being responsible for the case and support of the person concerned and,


(b)        the person concerned being:


(i)         a spouse of the employee, or


(ii)        a defacto 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 step child, 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 defacto spouse of the employee; or


(iv)       a same sex partner who lives with the employee as the defacto 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            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 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 employer by telephone of such absence at the first opportunity on the day of absence.


15.9.2               Unpaid Leave for Family Purpose - 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 above who is ill.


15.9.3               Annual Leave            An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1994, 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.            Access to annual leave, as prescribed in paragraph above, shall be exclusive of any shutdown period provided for elsewhere under this award.            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.            Time Off In Lieu of Payment for Overtime - See clause 13, Time Off in Lieu of Payment for Overtime.            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 during ordinary working hours and works those hours at a later time, during the spread if 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.            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)        Where the employer and employee agree, rostered days off may be accumulated which occur as a result of employees working in accordance with the provisions of this sub-clause.  These accumulated days may be taken at any time mutually agreed between the employer and the employee.


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 sub-clause is subject to the employer informing the union if it 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 to participate in negotiations.


15.10    Jury service


15.10.1             Employees on jury service who are not empanelled and are dismissed for the rest of the day must report for duty.


15.10.2             For the first three (3) days, employees are entitled to retain their jury fees in addition to receiving actual pay, where applicable, based on a normal working week.


15.10.3             After the first three (3) days, jury fees are offset against gross basic wages with the Company providing the make-up pay.


15.11    Community service/Defence force ready reserve leave


At the discretion of the Company, leave with pay may be granted for Community service such as Bush Fire Brigade, State Emergency Service, Municipal Council duties and Defence Force Ready Reserve schemes.


15.12    Public holidays


15.12.1 Public holidays (or payment in lieu) will be observed for:


New Years day

Good Friday

Easter Saturday

Easter Monday

Anzac day

Christmas day

Boxing day


and the days specified in New South Wales as:


Australia day

Queen's birthday

Labour day


and one additional day identified by governmental prescription or a day agreed by Management and employees of the site (for example a Union Picnic day).


15.12.2             When a prescribed holiday other than Anzac day falls on Saturday or Sunday, a substitute day is provided.


15.12.3             By agreement between management and employees the holiday may be changed to an alternate day without penalty rates applying to the work performed on the gazetted public holiday.






16.1      Travel


An employee required to travel will be paid time for travel from the depot. Travel time will be included in the employees total hours.


Travel time is paid at the employee's normal rate. Where travel time falls outside the employee's ordinary hours, the employee will be paid at overtime rates.


16.2      Distant Work


A employee sent from their usual locality to another and required to remain away from the usual place of abode will be paid travelling time at their normal classification rate whilst travelling between such localities, and reasonable expenses whilst absent from the usual locality.


16.3      Payment for travelling


16.3.1               The rate of pay for travelling time will be ordinary rates, except on Sundays and holidays when it will be time and a half.


16.3.2               The maximum travelling time to be paid for will be 12 hours out of every 24 hours, or when sleeping berth is provided by the employer for all-night travel, 8 hours out of every 24 hours.






17.1      Trainees and probationary period


New operators usually commence as Trainees.  Within the first three (3) months probation period they will be required to have completed the training and passed a competency assessment for each skill in the Trainee level. Given the opportunity to complete the training, should they not pass the competency assessments required within the first three (3) months after commencement they will be deemed to have failed their probation.  Employment will be terminated with one (1) week's notice or payment in lieu. Alternatively, the company may grant a one month extension to the probationary period.


17.2      Qualified trades new starters


Qualified trades employees commence on the Technician rate. They would be expected to complete and be certificated for the Trainee level skills.


17.3      Determining skill requirements


The Company, in consultation with employees and the Union, will determine the skill requirements for the site or section and the skills required by each employee. Once an employee has been trained and passed the relevant competency assessments, they will receive the rate of pay for the level achieved.


17.4      Certification of competence


Employees must pass all in-house and external assessments to gain certification in skills.  They will be required to consistently demonstrate and apply on an ongoing basis, all skills for which they have gained certification and to train others in any such skill as required. Employees will be expected to keep up-to-date with changes to work practices and policy related to these skills. When these changes occur the Company will provide the necessary training.


Where maintaining a current licence or statutory certificate is a part of a skills certification, the Company will only pay for the skill if the licence or certificate is current.


17.5      Payment for training


Where possible training will be provide within normal hours of work.  If training other than on the job training is conducted outside an employees normal hours, it will be paid for at ordinary pay rate.


17.6      Travel costs due to training


The Company will pay travel costs and fees associated with gaining certification in approved courses where costs are greater than these normally incurred in travel to work.


17.7      Training outside approved areas


If employees undertake training in areas other than those approved by the Company, it will be in the employees’ own time, and to the employees expense. If there is a requirement for this skill at a later date, the Company will then pay for skills.


17.8      Changes in Skill Requirements


If a new skill or upgrading of a skill is required because of changes in technology or processes the skills and classification model can be changed by agreement between the employees and the Union.


17.9      Retention of rate until competence is certificated


Current employees at the time the Award is implemented will be expected to pass competency assessments before they are paid under skills model. However, no employee will be paid less than their current pay rate, plus any negotiated Award rate increases.


The skills in the skills model include changes to existing work practices that will improve the Company's safety, productivity and efficiency.


The work standards required to pass the competency assessments in skills model may require some current employees to upgrade their skills. If a current employee does not pass the competency assessment, they will continue to apply the existing skills while they learn the new work practices.


17.10    Skills no longer required


If a skill is no longer required because of changes in processes, technology or in relation to closure of plant, an employee will retain their associated rate of pay.


17.11    Development of competency standards


Competency standards and assessments will be developed by appropriate trained company employees and will pay regard to existing relevant National Competency Standards.






18.1      Safety and environment


The Company will provide all appropriate protective clothing and safety equipment and the employee will use such clothing and equipment in accordance with the Company requirements.


Each employee is obliged to obey all safety rules and safety signs, take all necessary precautions to prevent injuries and work with the Company to provide a safe and healthy environment. All employees are expected to report any accidents, injuries, safety and environmental hazards they become aware of. They are also expected to be involved in and committed to continually improving workplace safety and environment.






19.1      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 carer's responsibilities.


19.2      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.


19.3      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.


19.4      Nothing in this clause is to be taken to affect:


19.4.1               any conduct or act which is specifically exempted from anti-discrimination legislation;


19.4.2               offering or providing junior rates of pay to persons under 21 years of age;


19.4.3               any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;


19.4.4               a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.


19.5      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.




(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 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."




P. J. CONNOR, Commissioner.







Printed by the authority of the Industrial Registrar.

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