BULLIVANTS PTY LIMITED - UNANDERRA AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
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)
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Before Commissioner
Connor
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24 November 2003
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AWARD
PART 1
APPLICATION AND
OPERATION OF AWARD
1. Arrangement
2. Award Title
This award shall be known as the Bullivants Pty Limited - Unanderra
Award.
PART 1
APPLICATION AND
OPERATION OF 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
PART 2
FLEXIBILITY
9. Job
flexibility
PART 3
COMMUNICATION,
CONSULTATION AND DISPUTE RESOLUTION
10. Consultation
11. Dispute
and grievance handling
PART 4
EMPLOYER AND
EMPLOYEE DUTIES, CONTRACT OF EMPLOYMENT
12.1 Employment
categories
12.2 Performance
management
12.3 Discipline
12.4 Termination
of employment
12.5 Redundancy
12.6 Equal
opportunity
PART 5
WAGES AND RELATED
MATTERS
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
PART 6
HOURS OF WORK
14.1 Arrangement
of ordinary hours
14.2 Day work
14.3 Rest
periods/ meal breaks
14.4 Overtime
PART 7
LEAVE OF ABSENCE
AND PUBLIC HOLIDAYS
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
PART 8
TRAVELLING AND
WORKING AWAY FROM USUAL PLACE OF WORK
16.1 Excess
travelling and fares
16.2 Distant
work
16.3 Payment for
travelling
PART 9
TRAINING AND
COMPETENCY ASSESSMENT
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
PART 10
OCCUPATIONAL
HEALTH AND SAFETY, ENVIRONMENT, EQUIPMENT AND TOOLS
18.1 Safety and
environment
18.2 Accident
make-up pay - Section Deleted
18.3 Workplace
rehabilitation
PART 11
ANTI-DISCRIMINATION
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.
PART 2
FLEXIBILITY
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.
PART 3
COMMUNICATION,
CONSULTATION AND DISPUTE RESOLUTION
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
EMPLOYER AND
EMPLOYEE DUTIES, CONTRACT OF EMPLOYMENT
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.
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Discipline issue - First occasion
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Counselling on the problem. Obtain commitment
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to improve and assist the person to achieve this
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improvement. Set a date to review performance.
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Discipline issue - Second occasion
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First formal warning - record. Set a date to
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review performance.
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Discipline issue - Third occasion
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Second formal warning - record. Set a date to
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review performance.
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Discipline issue - Fourth occasion
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Final warning - record - advise union in writing
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that the employee has been told future breaches
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will lead to dismissal. Final warning counselling
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by a Union official may be useful at this stage
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Discipline issue - Fifth occasion
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Dismissal - Refer to 12.4 Termination of
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Employment.
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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:
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Period of
continuous service
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Period of notice
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Period of notice
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if over 45 years
old
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1 years or less 1 week 1 week
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1 week
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1 week
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1 year & up to the completion of 2 years
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2 weeks
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2 weeks
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2 years & up to the completion of 3 years
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2 weeks
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3 weeks
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3 years & up to the completion of 5 years
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3 weeks
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4 weeks
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5 years & over
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4 weeks
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5 weeks
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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.
PART 5
WAGES AND RELATED
MATTERS
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.
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Classification
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General description
of competency
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Weekly rate
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Weekly rate
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from 1 July
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from 1 July
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2002
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2003
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Technician 1 (Trainee)
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Trainee stage.
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$554.608
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$576.792
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3 months to obtain induction, safety
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and quality skills.
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This rate is paid from day 1 until the
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time that the competencies in
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Technician 2 level are achieved.
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Able to competently assist other
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operators.
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Technician 2
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General machine manufacturing
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$581.212
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$604.46
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processes, measurement and
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identification of products including:
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Machine sling manufacture to AS1666
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Length variation/ Markback
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Select correct die, ferrule and thimbles
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Gauge rope size.
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Press control.
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Coil and rope size length
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Covering/ strapping and weighing
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Pick slip system
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Coil machine control
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Instruct others
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Bin location
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Identify correct swage fittings
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Measure and record rope fittings
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Hardware identification
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Technician 3
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Splicing and stores clerical work
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$640.692
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$666.319
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procedures including:
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Verification
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Receipting/ unloading
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Crane licence
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Forklift licence
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Keyboard skills
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Form Australoc eyes and splicing
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Square laid splicing
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Rigger/Splicer certificate
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Chain sling repair
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Resin socketing
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Lifting gear repair
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Counter sales
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Fibre rope splicing
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Technician 4
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More complex and critical splicing and
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$682.844
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$710.157
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manufacturing work than that performed
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at level 3 including:
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Non rotating splicing
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Long splicing
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White metal socketing
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Gas weld
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Electrical weld
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Test machine operation
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Chain block disassembly/ repair
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Rope installation
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Drivers licence
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NATA signatory
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Technician 5
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Repair and installation of lifting
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$707.637
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$735.942
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equipment requiring certificate
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Qualifications:
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Any other Technician skills as required
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Trade maintenance work
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Technician 6
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Complex repair and installation work
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$729.152
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$758.318
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(Mechanical)
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requiring relevant post trade
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Qualifications and significant experience
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in specialist areas including:
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Mechanical repairs
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Installation of lifting and rope
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systems.
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Technician 7
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Complex repair and installation work
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$802.943
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$835.060
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(Electrical)
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requiring relevant post trade
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Qualifications and significant experience
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in specialist areas including:
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Electrical control systems
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Repair of detailed electronic and radio
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control systems
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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.
PART 6
HOURS OF WORK
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.
PART 7
LEAVE OF ABSENCE
AND PUBLIC HOLIDAYS
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:
15.9.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in 15.9.1.3.2 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.
15.9.1.2 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.
15.9.1.3 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
15.9.1.4 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 15.9.1.3.2 above who is ill.
15.9.3 Annual
Leave
15.9.3.1 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.
15.9.3.2 Access
to annual leave, as prescribed in paragraph 15.9.3.1 above, shall be exclusive
of any shutdown period provided for elsewhere under this award.
15.9.3.3 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.
15.9.3.4 Time
Off In Lieu of Payment for Overtime - See clause 13, Time Off in Lieu of
Payment for Overtime.
15.9.3.5 Make-up
Time:
(a) An employee
may elect, with the consent of the employer, to work "make-up time"
under which the employee takes time off 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.
15.9.3.6 Rostered
Days Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) 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.
PART 8
TRAVELLING AND
WORKING AWAY FROM USUAL PLACE OFWORK
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.
PART 9
TRAINING AND
COMPETENCY ASSESSMENT
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.
PART 10
OCCUPATIONAL
HEALTH AND SAFETY, ENVIRONMENT, EQUIPMENT AND TOOLS
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.
PART 11
ANTI-DISCRIMINATION
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.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in 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.