CSR LIMITED TRADING AS THE READYMIX GROUP - SYDNEY CONSTRUCTION PRODUCTS
RAW MATERIALS TRANSPORT ENTERPRISE BARGAINING FRAMEWORK (STATE) CONSOLIDATED
AWARD 1994
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5669 of 2003)
|
Before Commissioner
Tabbaa
|
2 February 2004
|
REVIEWED AWARD
Arrangement
Clause No. Subject Matter
1. Title of
Award
2. The
Enterprise(s)
3. Parties
to the Award
4. Relationship
to Parent Award
5. Prospect
Raw Materials Yard
6. Site
Specific Conditions
7. Rostered
Days Off
8. Electronic
Funds Transfer
9. Term of
Award
10. No Extra
Claims
11. Review of
Award
12. Aims and
Objectives of the Award
13. Ongoing
Recognition and Commitment to Building in Quality
14. Awareness
Training
15. Disputes
Procedure
15A. Anti-Discrimination
16. The
Business Units
17. Business
Unit Consultative Teams
18. Composition
of the Consultative Team
19. Term of
Office
20. Team
Training
21. Team
Meetings
22. Team
Meetings - Team Leader
23. Team
Meetings - Minutes Taker
24. Team
Meetings - Agenda
25. Team
Communication
26. Issues to
be Considered by Teams
27. Method of
Dealing with Issues
28. Wage
Adjustments
29. No Duress
Annexure A to H
1. Title of Award
This award shall be known as the CSR Limited trading as The
Readymix Group Sydney Construction Products Raw Materials Transport Enterprise
Bargaining Framework (State) Consolidated Award 1994.
2. The Enterprise(s)
This award shall apply at all sites operated by CSR Ltd
trading as The Readymix Group - Sydney Construction Products (as set out in
Annexure A) in respect of employees in the occupation of driving covered by the
following award:
(a) Transport
Industry Quarried Materials (State) Award, published 24 August 2001 (327 I.G.
39), as varied.
3. Parties to the
Award
This award shall be binding on:
(a) CSR Limited
trading as The Readymix Group at all Sydney Construction Products sites as set
out in Annexure A to this award ("the company").
(b) The
organisation of employees known as the Transport Workers' Union of Australia,
New South Wales Branch.
4. Relationship to
Parent Award
(1) This award
shall be read and construed in conjunction with the following award:
(a) Transport
Industry Quarried Materials (State) Award, published 24 August 2001 (327 I.G.
39), as varied.
(2) Where there is
any inconsistency between the said Transport Industry Quarried Materials
(State) Award and this award, this award shall prevail to the extent of the
inconsistency.
5. Prospect Raw
Materials Yard
It has been agreed between the parties to this award that
Readymix shall commence operation of a Prospect raw materials yard (hereafter
Prospect) on a two-shift system. Details of the operation of this yard have
been agreed upon by the parties to this award, subject to the following:
(a) Site specific
conditions as outlined in clause 6, Site Specific Conditions, and Annexure H.
(b) Preference for
5.00 a.m. starts shall be given to Prospect drivers.
(c) A once only
relocation allowance of $1000.00 (net) shall apply to those drivers who have
willingly transferred from the Penrith yard to the new Prospect yard.
(d) The Prospect
shifts shall rotate on a weekly basis between day and afternoon shifts and
while working the afternoon shift, Prospect drivers shall be paid a shift
loading of 17.5 per cent in addition to their ordinary time hourly rate.
(e) Employees
employed as at 1 November 1994 (the date of ratification of this award by the
Industrial Relations Commission of New South Wales) who transferred to Prospect
shall be given first option on any position that becomes available at the
Penrith raw materials yard (hereafter
Penrith).
6. Site Specific
Conditions
The parties to this award have agreed that a number of site
specific conditions shall apply at the Penrith yard and at the new Prospect
yard. These site specific yard
conditions are attached to this award as Annexures G and H.
7. Rostered Days Off
(i) Subject to
site specific conditions attached as Annexure H, drivers employed as at 1
November 1994 who do not transfer to Prospect and currently take the building
industry rostered day off, may retain that right.
(ii) Should
insufficient drivers be available on the building industry rostered day off,
casuals, lorry owner drivers and contractors shall be used.
8. Electronic Funds
Transfer
The parties to this award agree that the implementation of
electronic funds transfer shall be discussed in future enterprise bargaining
negotiations.
9. Area, Incidence
and Duration
The changes made to the award pursuant to the Award Review
under 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 New South Wales on 28 April 1999 (310 I.G. 359) take effect on
and from 2 February 2004.
This award remains in force until varied or rescinded, the
period for which it was made already having expired.
10. No Extra Claims
Except for general movements in award wages granted by the
Industrial Relations Commission of New South Wales via State Wage Cases, that
are not subject to absorption, there shall be no further claims for wage
increases during the term of this award.
11. Review of Award
The parties agree to review this award no later than 12
weeks prior to the end of its term. In the context of this review, the parties
shall examine both the operation of the award and the possibilities of entering
into a further award.
12. Aims and
Objectives of the Award
(1) Aims - The
parties to this award are committed to achieving improvements in productivity,
efficiency and flexibility which in turn will significantly increase the
company's competitiveness and offer secure and worthwhile employment for
employees.
The company business needs to improve and grow so that
it becomes internationally competitive.
The company has developed a vision of the type of
business it wants and the elements necessary to transfer that vision to
reality.
The critical elements are:
(a) a customer
service focus;
(b) safe and
rewarding work;
(c) continuous
improvement;
(d) employee
participation;
(e) a total
quality culture;
(f) international
competitiveness.
(2) Objectives
(a) To create a
positive environment to introduce enterprise bargaining into the company's
operations.
(b) To provide
guidance and increase awareness about the enterprise bargaining process.
(c) To improve the
efficiency and productivity of the company by ensuring management and labour
practices are more closely attuned to current and future needs and objectives
of the company.
(d) To develop an
environment of continuous improvement which is conducive to a flexible work
organisation able to respond to changing demands in the market place.
(e) To provide a
climate for employees to develop a broader range of skills, thereby maximising
rewards to employees and security of employment.
(f) To benchmark
other organisations that are leaders in the field of increased efficiency and
productivity and, where appropriate, utilise this information in implementing
change.
13. Ongoing
Recognition and Commitment to Building in Quality
The company has commenced the introduction of Total Quality
Management and is committed to the principles of improving the processes we
employ. To obtain the maximum benefits from the continuous improvement program,
all employees are committed to co-operating with the program and implementing
continuous improvement activities as a normal component of their job. All
employees will become familiar with Building in Quality concepts and skills
through training and involvement in project work.
14. Awareness
Training
All employees covered by this award shall be provided with general
awareness training on enterprise bargaining. The content and providers of this
training shall be mutually acceptable to the parties to this award.
Wherever practicable, awareness training will be conducted
in ordinary-time hours.
The company shall pay for the awareness training and
employees shall be paid in accordance with the relevant parent award while
attending such training.
The duration and timing of the training sessions should be
structured so as to minimise their effect on the continuous operation of the
company's activities and customer service.
15. Disputes
Procedure
(1) Procedures
relating to grievances of individual employees
(a) The employee
is required to notify the employer (in writing or otherwise) as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(2) Procedures
relating to disputes, etc., between employers and their employees
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
15A. Anti-Discrimination
(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
responsibilities as a carer.
(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.
(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.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by 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 this 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: the adherents of that religion".
16. The Business
Units
The business units are set out in Annexure A.
17. Business Unit
Consultative Teams
Each business unit shall establish a consultative team
(hereafter referred to as the "team") to implement this award and
discuss issues arising during the award's life and future enterprise bargaining
issues.
18. Composition of
the Consultative Team
(1) The team
should have a maximum of six members and should be representative of the
business unit concerned.
(2) The team must
have at least 50 per cent of its members representative of the employees
employed in the business unit concerned.
(3) The procedures
for the election/appointment of company and employee team members should be
determined at each business unit.
In the determination of the team members, consideration
should be given to the:
(a) size of the
business unit;
(b) geography of
the sites in the business unit;
(c) different job
classifications in the business unit; and
(d) shift
arrangements in the business unit.
The company's employee relations representatives and
the relevant union officials should be kept advised of developments and shall
participate in any discussions as required.
19. Term of Office
(1) Members
elected or appointed to a team shall hold office for a period of 12
months. It is the responsibility of each
team member to attend all team meetings and to represent the views and opinions
of those people he or she represents.
(2) If a member of
the team ceases employment with the company or can no longer fulfil his or her
responsibilities, a new election or appointment should be made and an induction
briefing should be arranged for the new
team member.
20. Team Training
(1) During the
nominal life of this award each business unit shall establish its team. This
team shall undertake at least a single day training session which shall
concentrate on:
(a) the content
and operation of this award;
(b) the role and
operation of the team; and
(c) basic
negotiating skills.
21. Team Meetings
(1) Once formed,
each team shall schedule regular meetings.
Such meetings should occur at a time that minimises the disruption to
the business units operations but also allows team members to play a focussed
and active role in the meetings.
Notation: For instance, scheduling meetings after a
busy day's work may be convenient but the team members might be too tired to
fully participate. Whereas scheduling meetings every other Wednesday afternoon
could give everyone an opportunity to prepare and focus on the team's
activities and ensure everyone is fresh and participates fully.
(2) Team meetings
shall be attended without loss of pay by team members.
(3) The team
should agree on the standard length of team meetings.
Notation: For instance, two-hour meetings should give
the team sufficient time to operate effectively; whereas a four-hour meeting
might result in team members losing interest.
(4) If the team
wants to extend the standard length of its meetings, the team should agree on
the length of the extension.
Notation: For instance, imagine you had a standard two-hour
meeting which was scheduled to finish at 10.00 a.m. but the team was close to
resolving an issue - the team could agree to extend the meeting to 12.30 p.m.
to finish dealing with that issue.
(5) An agreed
amount of time should be allowed before and after each team meeting for the
company and employee team members to meet separately.
The time before the team meeting should be used to
prepare for the meeting and the time after the meeting should be used to
debrief and evaluate what occurred in the meeting.
22. Team Meetings -
Team Leader
(1) Each team
should elect a team leader. The
position of team leader should rotate between a management and employee team
member on an agreed basis.
(2) It is the team
leader's responsibility to ensure that the meeting is run in accordance with
the agenda and that each team member is given a reasonable opportunity to
express his/her views during meetings.
(3) It is also the
team leader's responsibility to ensure that the meeting procedure is fair to
all members of the team, particularly in relation to the taking of
adjournments, time out, stretch breaks, etc.
23. Team Meetings -
Minutes Taker
(1) Each
negotiating team shall elect a member for the purpose of recording minutes of
each team meeting, preparing and distributing agendas.
(2) Minutes should
be recorded on a minute sheet as set out in Annexure C to this award.
(3) Minutes should
be agreed to by the negotiating team at the conclusion of each meeting and
signed by the minute taker and team leader as a true and correct record of the
meeting.
24. Team Meetings -
Agenda
(1) Every team
meeting must be structured around an agenda as set out in Annexure D to this
award.
(2) All team
members have a right and a responsibility to submit agenda items.
(3) The agenda and
minutes from the previous meeting and any relevant background
material/documentation shall be circulated within a reasonable time but not less than three working days prior to team meetings to allow
for preparation.
25. Team Communication
(1) Each team
shall establish a procedure for regularly communicating about the team's
activities with the employees and management in the business unit.
(2) This
communication procedure should be serviced to suit the size, number and
geography of sites in the business unit concerned.
(3) The objective
of the communication procedure is to ensure that everyone in the business unit
has a good understanding of the team's activities, providing them with an
opportunity to participate in the bargaining process through their
representatives on the team.
26. Issues to be
Considered By Teams
(1) The issues to
be considered by the teams shall be those issues that are raised by team
members for subsequent enterprise negotiations. The issues shall be consistent with the broad aims and objectives
of this award as set out in clause 12, Aims and Objectives of the Award.
(2) In addition,
the team shall consider opportunities for improvement in the business unit and
create realistic ongoing improvement objectives and performance measures.
27. Method of Dealing
With Issues
When the teams have agreed upon the issues to be discussed
in clause 26, Issues to be Considered by Teams, the following process shall be
adopted:
(1) Each team must
analyse the issues as agreed in the said clause 26.
(2) This analysis
should be conducted through the following process:
(a) The team
should undertake a preliminary analysis of each issue and identify the
relevance of each issue to the business unit.
(b) The team should
decide whether or not there are specific business unit issues to address.
(c) The team
should then collect whatever data is relevant to determine the business unit's
performance/position in relation to the issues to be addressed.
(d) Having collated
this data, the team should document the current performance/position of the
business unit (using the form set out in Annexure E) and identify key areas for
improvement.
(e) The team
should then negotiate realistic ways of improving the business unit's performance/position
in the immediate to short term and document these changes using the form set
out in Annexure F.
(f) By utilising
the procedures outlined in this subclause, the team shall also develop a
program for improving the business unit's performance/position on a longer-term
basis, which shall be documented using the pro forma continuous improvement
plan set out in Annexure F.
(g) The forms
referred to in paragraphs (d), (e) and (f) of this subclause must be made
available to all employees through the communication procedure.
(h) Proposed
changes must be approved at the business unit concerned.
(i) Should any
changes not be agreed to, the team shall meet to discuss any concerns and
paragraphs (e), (f), (g) and (h) may then be repeated.
28. Wage Adjustments
A seven per cent wage adjustment shall apply to all Penrith
and Prospect drivers who are the subject of this award and covered by the
Transport Industry Quarried Materials (State) Award published 24 August 2001
(327 I.G. 39), as varied. Details of these increases are contained in Annexure
B to this award.
29. No Duress
No party has entered into this award under duress.
CSR Limited (trading as) The Readymix Group - Sydney
Construction Products Raw Materials Transport Enterprise Bargaining
Framework (State) Award 1994.
Transport Workers' Union of Australia, New South Wales
Branch.
ANNEXURE A
For the purposes of this award, the two business units for
the Sydney Construction Products Division shall be:
(1) Penrith Raw Materials
yard, located at Sheens Lane, off Castlereagh Road, Penrith 2750.
(2) Prospect Raw
Materials yard, Old Western Road, Prospect 2149.
ANNEXURE B
Transport Industry Quarried Materials (State) Award
|
Classification
|
Rate per week
|
|
|
$
|
|
Transport Worker Grade 1
|
444.00
|
|
|
|
|
Transport Worker Grade 2
|
Basic
|
|
|
|
|
Vehicle Class 1
|
447.30
|
|
Vehicle Class 2
|
451.60
|
|
Vehicle Class 3
|
458.80
|
|
Vehicle Class 4
|
482.40
|
|
Vehicle Class 5
|
513.20 inclusive of
2 tonne
|
|
|
added aggregate
mass allowance
|
|
|
|
|
Transport Worker Grade 2
|
Certified
|
|
|
|
|
Vehicle Class 1
|
455.50
|
|
Vehicle Class 2
|
459.90
|
|
Vehicle Class 3
|
467.00
|
|
Vehicle Class 4
|
490.60
|
|
Vehicle Class 5
|
521.40 inclusive of
2 tonne
|
|
|
added aggregate
mass allowance
|
|
|
|
|
Transport Worker Grade 2
|
Advanced
|
|
|
|
|
Vehicle Class 4
|
498.80
|
|
Vehicle Class 5
|
529.70 inclusive of
2 tonne
|
|
|
added aggregate
mass allowance
|
|
|
|
|
Transport Worker Grade 3
|
573.40
|
|
Allowances
|
|
|
Fares
|
$1.60 per day
|
|
Meals
|
$7.10 per meal
|
|
|
|
ANNEXURE C
|
Summary of Meeting
|
|
|
|
|
Division:
|
Date:
|
|
|
|
|
|
|
|
|
Team/Project Name:
|
|
|
|
|
|
Next Meeting Date
|
|
|
|
|
|
|
|
|
Leader:
|
From:
|
am/pm
|
|
|
|
|
|
|
|
Facilitator:
|
To:
|
am/pm
|
|
|
|
|
|
|
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Team Members:
|
Location:
|
|
|
|
|
|
|
|
|
Apologies:
|
|
|
|
|
|
|
|
|
:
|
Objective Of Meeting
|
|
|
|
|
|
|
|
|
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No.
|
Agreed Action
|
By
|
By
|
|
|
|
Whom
|
When
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ANNEXURE D
|
Agenda for Meeting
|
|
|
|
|
Division:
|
|
Date of Meeting
|
|
|
|
|
|
|
|
:
|
Team/Project Name
|
|
Time
|
|
|
:
|
|
|
From
|
am/pm
|
|
|
|
|
|
|
|
|
Leader:
|
|
To:
|
am/pm
|
|
|
Facilitator:
|
|
Location
|
|
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|
|
|
|
|
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Team Members:
|
|
|
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|
:
|
Objective Of Meeting
|
|
|
|
|
|
No.
|
Item
|
Who
|
Time
|
Expected
|
|
|
|
|
|
Outcome
|
|
|
|
|
|
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|
1. Review This Agenda
|
|
|
Agreement
|
|
|
|
|
|
On Agenda
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. Review Minutes of
|
|
|
Actions
|
|
|
Last Meeting
|
|
|
Completed
|
|
|
|
|
|
Or Carried Forward
|
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Date, Time and Location of Next Meeting:
|
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|
Meeting Evaluation:
|
ANNEXURE E
CSR Readymix:
Division
...............................................................................................................................................................................
...............................................................................................................................................................................
Business Unit
...............................................................................................................................................................................
Where We Are Now:
Current Performance/Position Of The Business Unit
Issues:
...............................................................................................................................................................................
...............................................................................................................................................................................
...............................................................................................................................................................................
...............................................................................................................................................................................
Division:
...............................................................................................................................................................................
Business Unit:
...............................................................................................................................................................................
Immediate/Short Term Improvements To Be Implemented
...............................................................................................................................................................................
...............................................................................................................................................................................
...............................................................................................................................................................................
...............................................................................................................................................................................
...............................................................................................................................................................................
ANNEXURE F
Continuous Improvement Plan
Division: .......................................................................................................
Business Unit: ....................................................................................................................................................
|
Opportunity for
|
Data Collection
|
Improvement Goal
|
Performance
|
|
Improvement
|
Required
|
Indicator
|
|
|
|
|
|
|
ANNEXURE G
Site Specific Conditions - Penrith Yard
1. Drivers may
be required to cart asphalt, raw materials, gypsum or other products as
required.
2. Drivers are required
to use the ACS truck tracking system, on-board computers or similar tachograph
type equipment. Technological change
may require the use of other computer equipment.
3. Readymix has
a policy of legal loading at all times.
4. Due to the
flexibility of hours over which breaks may be taken, drivers are not to take
breaks while trucks are loaded unless otherwise agreed between the driver and
the customer service centre allocators.
5. Drivers may
be required to drive any configuration truck in the yard.
6. Drivers may
be required to operate automated stacking devices or loading facilities when
loading or tipping, provided that these devices require only the use of
stop/start and/or bin selection mechanisms (e.g., overhead bin devices,
conveyors, radial stackers at asphalt and concrete plants).
7. Drivers may
be required for occasional country work as per award conditions.
8. Second jobs,
if affecting work performance or availability, will not be tolerated.
9. Drivers will
be required to work a reasonable amount of overtime.
10. Saturday Work
- First priority of Saturday work will be given to Prospect day shift drivers.
11. Rostered Days
Off (RDOs) - Drivers will be rostered so that their RDO is taken each month on
one of the Mondays during that month.
All RDOs will be taken in the month in which they fall due, with the
exception that employees may accrue up to three RDOs which shall be taken
between the Christmas/New Year period.
12. Christmas
Holiday Roster - All drivers will be put into a draw for the number of trucks
required for work over the Christmas period.
If work is not available, drivers will have to take leave without pay or
annual leave.
ANNEXURE H
Site Specific Conditions - Prospect Yard
1. Two-shift
operation - Rotating shifts per Transport Industry - Quarried Materials
Award. Afternoon and day shift to
rotate weekly.
2. Drivers may
be required to cart asphalt, raw materials, gypsum or other products as required.
3. Due to
cartage outside normal working hours, drivers may be required to carry keys or
cards to open gates at tip sites or loading sites.
4. Drivers are
required to use the ACS truck tracking system, on-board computers or similar
tachograph type equipment.
Technological change may require the use of other computer equipment.
5. Readymix has
a policy of legal loading at all times.
6. Due to the
flexibility of hours over which breaks may be taken, drivers are not to take
breaks while trucks are loaded unless otherwise agreed between the driver and
the customer service centre allocators.
7. Drivers may
be required to operate automated stacking devices or loading facilities when loading
or tipping, provided that these devices require only the use of stop/start
and/or bin selection mechanisms (e.g., overhead bin devices, conveyors, radial
stackers at asphalt and concrete plants).
8. Drivers may
be required to drive any configuration truck in the yard.
9. Second jobs,
if affecting work performance or availability, will not be tolerated.
10. Drivers will
be required to work a reasonable amount of overtime.
11. Saturday Work
- Night shift workers will not be able to work Saturdays.
First priority of Saturday work will be given to
Prospect day shift drivers.
12. Drivers will
operate on the basis of two drivers to each truck.
13. Where no-one
is available on site to sign a docket, dockets shall be left on site at a
location to be agreed with the customer service centre personnel.
14. Rostered Days
Off (RDOs) - Rostered days off will be taken on the Industry rostered day off
each month, with the exception that, should insufficient drivers be available
to work at Penrith on the Industry RDO, drivers may work and accrue up to three
RDOs which shall be taken between the Christmas/New Year period.
15. Christmas
Holiday Roster - Night shift will be suspended for the Christmas/New Year
period (approx. 3 weeks). All drivers
will be put into a draw for the number of trucks required for work over the
Christmas period. If work is not
available drivers will have to take leave without pay or annual leave.
I. TABBAA, Commissioner.
____________________
Printed by the
authority of the Industrial Registrar.