PORT WARATAH COAL SERVICES CONSENT ENTERPRISE (STATE) AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5602 of 2003)
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Before The Honourable
Mr Deputy President Harrison
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9 February 2004
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REVIEWED AWARD
1. Insert in
numerical order in the Arrangement of the award published 6 June 1997 (298 I.G.
1094) the following new
subclause and subject matter:
3.2.4 Deduction Of
Union Fees
2. Delete
subclause 1.1.2, Area, Incidence and Duration and insert in lieu thereof the
following:
1.1.2 Area,
Incidence and Parties Bound.
Area - This award will apply to the following locations
where Port Waratah Coal Services operates its business:
Port Waratah Coal Terminal (PWCT)
Kooragang Coal Terminal (KCT); and associated wharf
facilities at both locations.
Incidence - This award will operate from 1 July 1995
and remain in force until 31 December 1997 unless rescinded or revoked.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act, 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial Relations
Commission of NSW on 28 April 1999 (310 I.G. 359) and take effect on 9 February
2004.
Parties Bound - This award will apply to Port Waratah
Coal Services Limited (PWCS) and the industrial organisation of employees
listed below:
The Transport Workers Union of Australia, New South
Wales Branch (TWU);
The Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch (AFMEPKIU);
The New South Wales Local Government Clerical
Administrative Energy Airlines and Utilities Union (United Services Union);
The Australian Workers Union, New South Wales (AWU);
The Electrical Trades Union of Australia, New South
Wales Branch (ETU);
The Construction Forestry, Mining and Energy Union
(CFMEU); and
The Seamen's’ Union of Australia, New South Wales
Branch (SUA).
(Hereinafter referred to as "the unions").
3. Delete from
the second paragraph of clause 2.3, Continuous Improvement/Best Practice, the
words "YEM 1995 199".
4. Insert after
subclause 3.2.3, Redundancy, the following new subclause 3.2.4:
3.2.4 Deduction
of Union Fees
PWCS will, with the written consent of the employee,
deduct each week from their wages the union subscriptions due and payable to
the "appropriate" union and PWCS undertakes to remit the said subscriptions
to the appropriate union.
5. Delete the
first sentence of the second paragraph of subclause 3.3.3 (a), Superannuation,
and insert in lieu thereof the following sentence "The employer shall contribute
14.5 per cent of the employee’s base weekly wage rate."
6. Delete
paragraph (b) of subclause 3.5.1, Statutory Holidays and Leave and insert in
lieu thereof the following:
(b) New Year’s
Day, Australia Day, Good Friday, Easter Monday Anzac Day, Queen’s Birthday,
Labour Day, Christmas Day, Boxing Day, Newcastle Show Day.
7. Delete
subclause 3.5.9, State Personal/Carer's Leave Case - August 1996, of Section 3
and insert in lieu thereof the following:
3.5.9 Personal/Carer’s
Leave
8. Delete
reference to "Occupational Health and Safety Act 1983" from
subclause 3.6.1., Occupational Health and Safety, of Section 3 and insert in
lieu thereof the following reference "Occupational Health and Safety
Act 2000".
9. Insert the words "and any
relevant amendments" wherever appearing after the reference to "Workers'
Compensation Act 1987" in subclause 3.6.3., Accident Pay, of Section
3.
10. Delete Table 1 - Allowance, of Section 4
and insert in lieu thereof the following:
Section 4
Table 1 - Allowances
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Item
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Clause
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Brief Description
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Amount
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No
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No
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$
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1
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3.3.2(a)
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Tool Allowance
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0.59 per hour
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2
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3.3.2 (d)
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Laundry Allowance (at KCT) - Mon to Fri
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19.84 per week
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3
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3.3.2 (d)
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Laundry/dry cleaning allowance (at KCT) - Sat and Sun
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3.31 per day
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4
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3.3.2 (e)
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Banking Allowance
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59.05 per annum
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5
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3.4.5 (a)
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Employee works for more than 13 hours per day on
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|
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weekend or public holidays and overtime worked prior
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|
|
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to the commencement of a normal weekday shift
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5.90
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6
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3.4.5 (b)
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Overtime hours worked after the employee’s normal
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|
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finishing time on a normal weekday shift
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3.00
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7
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3.4.8 (d)(i)
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Meal Allowance
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15.36 per meal
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11. Delete
Appendix 1, of Section 4 and insert in lieu thereof the following:
Appendix 1
The following rates of pay are based upon the changes to
work practices and introduction of technology set out in this Appendix:
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Classification
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Base Rate
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Base
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**
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%
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All-purpose Rate
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|
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Operative from
1/12/03
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|
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$
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Operator Level 1
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100%
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776.74
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Operator Level 2
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101.5%
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785.09
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Operator Level 3
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110%*
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843.71
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|
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(785.09 a/p + 1.67
flat)
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Tradesperson
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110%
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843.71
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Foreperson
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112.5%
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860.96
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Senior Operator Hourly Rate
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110%-101.5%/35
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(843.71 -
785.09)/35 = 1.67
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*The flat hourly rate applicable is obtained by
dividing the difference between the 110% rate and the 101.5% rate by 35.
Example: 843.71 - 785.09 / 35 = $1.67 per hour
** Classifications may be subject to change as a result
of successful introduction of skills matrix.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.