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New South Wales Industrial Relations Commission
(Industrial Gazette)





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COAL SERVICES PTY LIMITED AWARD 1999
  
Date09/03/2004
Volume346
Part4
Page No.
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C2557
CategoryAward
Award Code 1506  
Date Posted09/02/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1506)

SERIAL C2557

 

COAL SERVICES PTY LIMITED AWARD 1999

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 5698 of 2003)

 

Before Commissioner Macdonald

23 February 2004

 

REVIEWED AWARD

 

1.  Title

 

1.1        This Award will be referred to as the Coal Services Pty Limited Award 1999.

 

2.  Arrangement

 

1.         Title

2.         Arrangement

3.         Operation of the Award and Parties Bound

4.         Definitions

5.         Classifications and Salaries

6.         Payment of Salary

7.         Personal Allowances

8.         Superannuation

9.         Overtime

10.       Higher Duties Allowance

11.       Hours of Work

12.       Penalty Rates for Shift Work, Weekend Work and Special Working Conditions

13.       Part-Time Work

14.       Temporary Employment

15.       Casual Employment

16.       Absence

17.       Public Holidays

18.       Approval of Leave

19.       Recreation Leave

20.       Annual Leave Loading

21.       Minimum Sick Leave Entitlements

22.       Long Service Leave

23.       Accident Make Up Pay

24.       Arbitration Leave

25.       Trade Union Training Leave

26.       Court Attendance Leave

27.       Jury Service Leave

28.       Bereavement Leave

29.       Personal And Carers Leave

30.       Defence Service Training Leave

31.       Ex-Service Leave

32.       Fire Fighting Leave

33.       Leave Without Pay

34.       Parental Leave

35.       Probation

36.       Discipline and Termination of Employment

37.       Redundancy

38.       Travelling Expenses

39.       Excess Travelling Time

40.       Use of Private Motor Vehicle on Board Business

41.       Transfer

42.       Promotion Appeals

43.       Grievance And Dispute Procedures

44.       Access to the Union

45.       Access to the Award

46.       Anti Discrimination

47.       Exclusions

48.       Consent Award

 

3.  Operation of the Award and Parties Bound

 

3.1        This Award will come into operation from 15 March 2000 and remains in force for 12 months thereafter.

 

3.2        This Award will be binding upon the Public Service Association of New South Wales and the Coal Services Pty Limited for all employees whose remuneration and conditions of service are determined by this Award who are eligible for membership of the Public Service Association of NSW, whether members of the Association or not.

 

3.3        The reviewed Award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Joint Coal Board Award 1999 published 27 October 2000 (319 I.G. 752) and all variations thereof, save for subclause 3.1 of clause 3, Operation of the Award and Parties Bound of the said Award.

 

3.4        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 New South Wales on  28 April 1999 (310 I.G. 359) take effect on and from 23 February 2004.

 

4.  Definitions

 

Company means the Coal Services Pty Limited or the delegate of the Company.

 

Employee means a person employed by the Company.

 

Employer means the Company.

 

General Manager means the chief executive officer of the Company or the delegate of the chief executive officer.

 

Salary means annual salary.

 

Service with Coal Services Pty Limited will include service with the former Joint Coal Board where the employee was a member of the Joint Coal Board staff immediately before 1 January 2002.

 

Supervisor means the person to whom an employee is immediately responsible.

 

Union means the Public Services Association and Professional Officers Association Amalgamated Union of New South Wales.

 

5.  Classifications and Salaries

 

Cspl Level

2003 Minimum

2003 Maximum

 

 

 

1

$26,300

$30,300

2

$30,000

$34,300

3

$34,200

$38,000

4

$38,200

$45,200

5

$45,300

$54,200

6

$54,500

$62,800

7

$60,600

$75,300

Specialist 1

$77,100

$93,400

Specialist 2

$92,600

$114,900

 

6.  Payment of Salary

 

6.1        Salary will be paid in arrears in fortnightly instalments by direct deposit to a bank, building society or credit union account nominated by the employee.  If the Company does not have access through its pay system to the account nominated, the General Manager will ask the employee to nominate another account within the pay system.

 

6.2        The fortnightly instalment of salary will be calculated by the formula below:

 

fortnightly rate = salary x 12

313

 

6.3        The hourly rate of salary will be the fortnightly rate divided by 76.

 

7.  Personal Allowances

 

Employees designated Environmental Monitoring Technician will be paid an allowance relating to work at the rate of $15,465 a year in lieu of payments for overtime and shift allowance. * effective January, 1999.

 

8.  Superannuation

 

The Company will contribute an amount, equal to the percentage of the salary of an employee prescribed by statute, to the State Authorities Superannuation Scheme of New South Wales (or its successor) to provide a non-contributory superannuation benefit to the employee under the terms of the "Basic Benefit" of that Scheme.

 

9.  Overtime

 

9.1        Employees who receive a salary less than the maximum rate of salary for the top of CSPL 5 classification are eligible for payment for overtime with the exception of employees designated Environmental Monitoring Technicians who receive a personal allowance pursuant to Clause 7.

 

9.2        Payment for overtime will not be made unless the General Manager or officer delegated by the General Manager has directed in writing, in advance, that the overtime be performed.

 

9.3.1     Payment will be made for overtime for all time worked by full-time employees:

 

(a)        In excess of normal working hours where the employee starts work at least one hour before the employee’s normal starting time or finishes work at least one hour after the employee’s normal finishing time; or

 

(b)       In excess of 38 hours in a week

 

9.3.2     Payment will be made for all time worked by part time employees in excess of 1.75 hours over and above their standard hours worked per day

 

9.4        The rates of payment for overtime will be as follows:

 

time and a half for the first 3 hours and double time thereafter for weekdays and Saturdays;

 

double time on Sundays;

 

time and a half for the first three hours and double time thereafter for work during the employee’s normal working hours on public holidays (in addition to payment for the holiday) with the minimum payment being for 4 hours overtime;

 

double time and a half for work outside the employee’s normal working hours for work on a public holiday.

 

9.5        Where a part-time employee is directed by the General Manager to work on a weekday that is not a standard working day for the employee, payment will be made at the normal rate of salary of the employee plus a loading at the rate for casual employees.

 

9.6        Where a part-time employee with an hourly rate of salary less than the maximum rate of salary for the Coal Services Pty Limited Officer Level 5 classification is directed by the General Manager to work on a standard working day outside the standard hours for that employee the employee will be paid the normal rate of salary for the extra work subject to:

 

a maximum payment equal to 7.25 hours standard and extra hours on any day; and

 

a maximum payment equal to 29 hours standard and extra hours in any week.

 

9.7        An employee and the General Manager may agree to the employee having time off work in lieu of payment for overtime.  The amount of time off will be the amount of time for which payment would be made if a payment for overtime was being made.

 

9.8        Personal allowances paid to the employee and higher duties allowance being received at the time the overtime is performed will be included in salary for the purpose of calculating overtime payment.

 

9.9        Overtime will be calculated to the nearest quarter of an hour of the total overtime claimed in a fortnightly pay period.

 

9.10      Overtime will not be paid for time spent attending a social function in an official capacity. The General Manager will allow time off for the time spent at the function outside normal hours.

 

9.11      Overtime will not be approved where payment for the overtime would result in the employee earning in a financial year from salary and overtime a total more than the maximum salary for the Coal Services Pty Limited Officer Level 5 classification.  Overtime worked on a Sunday or public holiday is excluded. Where the salary of an employee is increased during the financial year earnings from salary and overtime from the date of the increase to the end of the financial year only will apply.  Overtime will not be approved if these earnings exceed the amount of salary that would be paid to an employee receiving the maximum rate of salary for the Coal Services Pty Limited Officer Level 5 classification for the same period of time.  Where the employee works part-time the reference to the earnings of an employee earning the maximum salary for the Coal Services Pty Limited Officer Level 5 classification should be read as the earnings of a Coal Services Pty Limited Officer Level 5 working the same standard hours as the part-time employee.

 

9.12      An employee will not be required to work for a period of more than 5 hours without a meal break.  An employee is entitled to a break of 8 hours off duty after returning home after finishing overtime and before normal starting time the next day.  The employee will not lose salary while away from work on the break.

 

9.13      A meal allowance of $14.50 is payable to an employee who is required to:

 

begin work not less than one and a half hours before the employee’s normal starting time;

 

continue work for not less than one and a half hours after the employee’s normal finishing time;

 

work on other than a normal working day for a period of four and a quarter hours up to or beyond 1.00pm

 

9.14      An employee who after having left the Employer’s premises is recalled to work shall be paid at the rate of time and a half for the first two hours and double time thereafter: provided that the employee shall be paid for a minimum of three hours’ start for each call back.

 

9.15      An employee after the completion of overtime work performed after his/her usual ceasing of work shall be entitled to be absent until he/she has had eight consecutive hours off duty, without deduction of pay, for ordinary time off duty occurring during such absence.

 

9.16      If, on the instructions of the employer, any employee resumes work without having had eight consecutive hours off duty he/she shall be paid at double rates until he/she is relieved from duty to take such a rest period and he/she shall then be entitled to be absent until he/she has had eight consecutive hours off duty without deduction of pay for ordinary time of duty occurring during such absence.

 

9.17      Subject to clause 9.18, an employer may require an employee to work reasonable overtime at overtime rates.

 

9.18      An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

9.19      For the purposes of clause 9.18, what is unreasonable or otherwise will be determined having regard to:

 

(a)        any risk to employee health and safety;

 

(b)        the employee’s personal circumstances including any family and carer responsibilities;

 

(c)        the needs of the workplace or enterprise;

 

(d)        the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(e)any other relevant matter.

 

10.  Higher Duties Allowance

 

10.1      An employee may be directed by their General Manager to perform temporarily the duties of another position.

 

10.2      Subject to this part, an employee who performs the duties of a higher classification position will be paid a higher duties allowance.

 

10.3      Higher duties allowance will only be paid for periods of higher duties in multiples of a day, or in the case of part time employees, a standard day for a part-time employee.

 

10.4      No higher duties allowance will be paid if the period of higher duties is less than 5 days, which includes a standard day for a part-time employee or if the position for which the duties are performed has maximum salary greater than the maximum salary for the Coal Services Pty Limited Officer Level 6.

 

10.5      A part-time employee must fill the higher classified position for at least half the time the position would be filled by the usual occupant to be eligible for higher duties.

 

 

11.  Hours of Work

 

11.1      Ordinary working hours exclusive of meal breaks will not exceed 76 hours per fortnight and standard working days for a full-time employee will be 7.6 hours per day worked between the hours of 7.30am and 6.00pm Monday to Friday.

 

11.2      The CSPL may nominate the hours of work applicable to each employee from time to time providing that:

 

Such hours will not be altered without seven days’ notice being given by the CSPL to the relevant employee; and

 

In an emergency the CSPL may alter such hours with less notice.

 

11.3      The standard working hours for a part time employees will not be less than 14.5 hours or more than 62.5 hours per fortnight.

 

11.4      Employees must record the time they are at work in the way directed by the General Manager.

 

12.  Penalty Rates for Shift Work, Weekend Work and Special Working Conditions

 

12.1      Shift workers working afternoon or night shift shall be paid the following percentages in addition to the ordinary rate for such shift, provided that employees working less than 38 hours per week shall only be entitled to the additional rates where their shifts commence prior to 6.00am or finish subsequent to 6.00pm:

 

Afternoon shift commencing at 10.00 am and before 1.00pm - 10 per cent.

 

Afternoon shift commencing at 1.00pm and before 4.00pm - 12.5 per cent.

 

Night shift commencing at 4.00pm and before 4.00 am - 15 per cent.

 

Night shift commencing at 4.00 am and before 6.00 am - 10 per cent.

 

12.2      For the purpose of this clause, day, afternoon and night shifts shall be defined as follows:

 

Day Shift means a shift which commences at or after 6.00 am and before 10.00 am.

 

Afternoon Shift means a shift which commences at or after 10.00am and before 4.00pm.

 

Night Shift means a shift which commences at or after 4.00pm and before 6.00am on the day following.

 

12.3      Employees whose ordinary working hours include work on a Saturday and/or Sunday shall be paid for ordinary working hours worked between midnight on Friday and midnight on Saturday at the rate of 50 per cent extra and for ordinary hours worked between midnight on Saturday and midnight on Sunday at the rate of 75 per cent extra.  These extra rates shall be in substitution for and not cumulative upon the shift premiums prescribed in sub clause 12.1.

 

13.  Part-Time Employment

 

13.1      A new employee may be engaged on a part time basis and an existing employee and the General Manager may agree to convert that employee’s employment to part - time either for an agreed period or indefinitely.

 

14  Temporary Employment

 

14.1      The Company may employ a person under this Award under an agreement that, in addition to any other provision in the Award, the employment may end at any time following expiration of a specified period of notice.  An employee employed under this arrangement will be a "temporary employee".

 

14.2      A temporary employee will be informed in writing that the employment is temporary and what the period of notice for ending the employment will be.

 

15.  Casual Employment

 

15.1      Notwithstanding any provision in this Award, the Company may employ a person on an hourly basis for casual work.  An employee employed under this arrangement will be a "casual employee"

 

15.2      Where a casual employee is filling a position classified under clause 5 of this Award, the employee will be paid a loading of 15 per cent of the hourly rate of salary for the position in lieu of entitlement to leave or payment for public holidays providing that if a casual employee works on a public holiday, he or she will be paid time and one half for the first three hours and double time thereafter.

 

16.  Absence

 

16.1      An employee must come to work unless the employee has leave to be away or is unable to attend because of illness or emergency.  An employee will not be paid for time away from work if the absence is not authorised.

 

16.2      Unless circumstances prevent an employee from doing so, the employee must inform the supervisor by 10am on the day of absence if the employee is not coming to work.

 

17.  Public Holidays

 

17.1      Employees apart from employees on leave without pay will receive normal salary and not be required to attend for work on a public holiday observed by the Company.

 

17.2      The Company will observe the following public holidays:

 

New Year’s Day

 

Australia Day

 

Good Friday

 

Easter Monday

 

Anzac Day

 

Queen’s Birthday

 

Labour Day

 

Christmas Day

 

Boxing Day

 

17.3      When the Australian Public Service observes a paid holiday of one day between Christmas and New Year the Company will deem a day in the same period a public holiday for employees apart from employees on leave without pay.

 

17.4      When a public holiday apart from Anzac Day falls on a Saturday or Sunday the Company will observe the holiday on the following Monday.

 

17.5      When an employee specifies a public holiday as the day the employee’s resignation is to take effect the day of effect will be the working day before the public holiday.

 

17.6      A part-time employee will not be paid for a public holiday unless the public holiday is observed on a standard working day for the employee.

 

18.  Approval of Leave

 

18.1      An employee must apply for leave in writing.

 

18.2      The General Manager will exercise the discretion to refuse an application for leave only where the services of the employee are essential to the operations of the Company at the time the employee intended to be away.

 

19.  Recreation Leave

 

19.1      The General Manager may approve recreation leave to the extent of the recreation leave credit held by the employee.  There will be no deduction of recreation leave credit for a public holiday occurring during a period of recreation leave.

 

19.2      For full-time employees recreation leave credit will accrue fortnightly at a rate equivalent to a rate of 20 working days leave for each year of service. For part-time employees the rate of accrual will be a pro rata amount of the rate for full-time employees depending on the standard hours of the employee.

 

19.3      The provisions of the Annual Holidays Act 1944 as amended, shall apply.

 

20.  Annual Leave Loading

 

20.1      An employee who has accrued recreation leave credit will receive a payment for annual leave loading with the first pay of the next calendar year.

 

20.2      The recreation leave credit that will be applicable to calculation of the payment is the recreation leave credit accrued by the employee in the calendar year ending on 31 December immediately before the year in which the payment is made.

 

20.3      The amount of the payment will be 17.5 per cent of the weekly rate for salary for the position occupied by the employee on 1 January in the year in which the payment is made multiplied by the number of weeks of annual leave accrued under clause 20.2, subject to the following:

 

The maximum payment to full-time employees apart from junior employees will be the amount advised by the Australian Statistician as the Average Weekly Total Earnings for all Males (Australia) for the September quarter of the year in which the relevant recreation leave credit accrued:

 

The maximum payment to part-time employees apart from junior employees will be the amount advised by the Australian Statistician as the Average Weekly Total Earnings for all Males (Australia) for the September quarter of the year in which the relevant recreation leave credit accrued multiplied by the recreation leave accrued by the employee and divided by the recreation leave that would have accrued to a full-time employee;

 

The maximum payment to a junior employee classified Coal Services Pty Limited Officer Level 1 will be a percentage of the amount that would be received by the equivalent adult employee as follows:

 

Under 18 years

60 per cent

 

 

Aged 18 years

70 per cent

 

 

Aged 19 years

81 per cent

 

 

Aged 20 years

91 per cent

 

20.4      When an employee leaves the Company’s employment before 31 December the salary for calculation of the payment will be the salary on the immediately preceding 1 January of the position occupied by the employee at the time of departure from the Company.  The maximum payment will be that advised by the Australian Statistician under subclause 20.3 for the previous year.

20.5      On the death of an employee any payment of annual leave loading due will be paid to the surviving spouse, children (or their guardian), other dependent relative or legal representative as the General Manager may decide.

 

21.  Sick Leave

 

21.1      Each employee is entitled to not less than one week of sick leave on full pay for each year of service with an employer, and

 

21.2      Sick leave accumulates from year to year for at least 3 years, that is, sick leave not taken in each year of service will be available to the employee for a period of at least 3 years from the end of each such year.

 

22.  Long Service Leave

 

22.1      The Federal Long Service Leave ( Commonwealth Employees ) Act 1976 will provide the Long Service Leave entitlement of employees covered by this Award for so long as that Act applies to such employees.  In the event of such Act ceasing to cover the employees of the Company all rights accrued by employees under that Act shall continue and from that time onwards employees of the Company on the date that such Act ceases to apply will be deemed to be entitled to the same Long Service Leave Benefits as they would have been entitled had they continued to have been covered by that Act.

 

23.  Accident Make Up Pay

 

23.1      An employee receiving weekly payments under the Workers’ Compensation Act will receive accident make up pay.

 

23.2      The amount of accident make up pay will be the amount necessary to ensure that the employee receives normal salary.

 

23.3      Accident make up pay will not be paid for any period of incapacity of the employee during the first two weeks of employment with the Company.

 

23.4      Accident make up pay will not be paid or, if being paid, will cease to be paid if an employee refuses to submit to or obstructs an examination by a qualified medical practitioner.

 

23.5      Accident make up pay will be paid for a maximum period of 26 weeks for any one injury.

 

23.6      Where there is a redemption of weekly workers’ compensation payments by payment of a lump sum or where the employee obtains a verdict for damages or is paid an amount in settlement of any claim for damages, no further payments of accident make up pay will be made.

 

23.7      Pending the determination of a claim made by an employee for workers’ compensation the employee may take available sick leave.  If the claim is determined in favour of the employee the sick leave so taken will be restored to the credit of the employee.

 

23.8      An employee who is receiving workers’ compensation payments and has exhausted the accident make up pay entitlement may continue to receive normal salary by receiving payment for sick leave credit to replace the accident make up payments.

 

24.  Arbitration Leave

 

24.1      The General Manager will grant leave with pay to up to two representatives of the Union to attend proceedings before the Industrial Relations Commission or any competent Industrial Tribunal where the Company is a party to proceedings.

 

24.2      The General Manager will grant leave with pay for the period of attendance at the Commission to an employee summoned as a witness before the Commission.

 

24.3      The General Manager may grant leave without pay to an employee to do work on any application to go before the Commission, or Tribunal to which the Company will be a party.

 

25.  Trade Union Training Leave

 

25.1      The General Manager may approve leave with pay for an employee to attend trade union training courses.

 

25.2      The amount of leave that may be approved is that necessary to attend the following types of courses:

 

full time courses on one half to 6 days length

 

courses requiring regular attendance for one or more days or part days, where the total leave requirement will be up to 8 days

 

occasional courses of up to 4 weeks length

 

25.3      The application must be supported by certificates stating that the employee is a member of the union, that the union supports the attendance of the employee at the course and that the course is conducted by, or has the support of the trade union training body.

 

26.  Court Attendance Leave

 

26.1      An employee required to attend court as a witness for any government authority attends as if on duty at the Company. Any payment received from the attendance must be given to the Company.  The General Manager will grant leave without pay to an employee required to attend court in other circumstances.

 

27.  Jury Service Leave

 

27.1      The General Manager will grant leave with pay to an employee summonsed for jury service for the period the employee is away from the Company on the jury service.

 

27.2      An employee granted jury service leave must pay to the Company all fees received for jury service other than reimbursement of travel expenses.

 

28.  Bereavement Leave

 

28.1      The General Manager will, on application being made, approve bereavement leave with pay on the death of a spouse (including de facto spouse), parent, sibling, child and parent-in-law.

 

28.2      The application for bereavement leave must be accompanied by evidence of the death.

 

28.3      The amount of leave will depend on the circumstances but the maximum that will be granted on any occasion will be three days.  For a part-time employee, leave will be approved only for standard working days of the employee.

 

29.  Personal and Carers Leave

 

29.1      Personal and Carers Leave shall be available to all employees subject to this Award in accord with the provisions of the State Personal and Carers Leave Case (1996).

 

30.  Defence Service Training Leave

 

30.1      The General Manager may approve leave with pay for defence service training.

 

30.2      The amount of leave that may be approved is as follows:

 

for annual training;

 

Navy 13 days

 

Air Force 16 days

 

Military Force 14 days

 

up to an additional 4 days where the Commanding Officer certifies this is required

 

for compulsory attendance at a school, class or course of instruction each year;

 

Navy 13 days

 

Air Force 16 days

 

Military Force 16 days

 

The amount of leave approved includes Saturdays and Sundays.

 

30.3      The application for leave must be supported by a certificate from the Australian Defence Force stating that the employee is required to undertake the training or attend the school, class or course of instruction.

 

30.4      The approval of the leave is conditional on the employee submitting a certificate from the Commanding Officer stating that the employee attended the training, school, class or course of instruction.

 

30.5      When it would not be in the public interest for an employee to take defence service leave at the time requested the General Manager will grant equivalent leave at a convenient time.

 

31.  Ex-Service Leave

 

31.1      The General Manager may grant leave with pay to employees who are ex-members of the Australian Defence Force as follows:

 

to attend a hospital, out-patient clinic, or medical officer for pension review or to report for periodical review or treatment

 

to attend a limb factory for fitting or repair of a prosthesis.

 

32.  Fire Fighting Leave

 

32.1      The General Manager may grant leave with pay to an employee undertaking emergency fire fighting activities.

 

32.2      The General Manager may grant leave with pay for up to 5 days a calendar year to an employee who is a volunteer member of a local fire or bush fire brigade to undertake fire fighting work.

 

33.  Leave Without Pay

 

33.1      The General Manager may approve leave without pay in special circumstances.  Such leave will not be approved while the employee has a recreation leave credit and leave without pay of more than 5 days in a year will not count as service.

 

33.2      The General Manager may also approve leave without pay where an employee is unable to attend for duty due to absence of public transport. Such leave will count as service.

 

34.  Parental Leave

 

Parental Leave will be granted in accordance with Chapter 2 of Part 4 of the Industrial Relations Act 1996 (NSW).

 

35.  Probation

 

35.1      The first 3 months of employment with the Company will be on probation.

 

35.2      During the period of probation the work performance of the employee will be monitored.  If the work performance is not satisfactory the employee will be counselled.  If work performance remains unsatisfactory the employment may be ended or, if the General Manager considers there is a reasonable prospect of a satisfactory standard of performance being attained within a further 6 months, extend the period of probation accordingly.

 

35.3      Where the employee’s services are considered by the employer to be unsatisfactory following the steps set out in 35.2 above, the employer may only terminate the services of an employee provided the employee has received four weeks notice of such intention to terminate services.

 

36.  Discipline and Termination of Employment

 

36.1      The General Manager may respond to inefficiency, incompetency or unsatisfactory conduct of an employee by disciplinary action.  The disciplinary actions that may be taken include suspension of employment without pay, suspension on pay, reduction of salary and termination of employment.  The General Manager may also terminate employment on the ground of incapacity.

 

36.2      Where the disciplinary response will not be instant dismissal, the General Manager will counsel an employee on the conduct or work performance that the Company requires.

 

36.3      If the employment is terminated on the ground of incapacity or inefficiency or incompetency the employee will be given notice of 4 weeks of the day the employment is to end.  If the employment ends before this day payment in lieu of notice will be made.  When the employment ends on the ground of conduct warranting dismissal no notice need be given.

 

36.4      An objection by an employee to disciplinary action against the employee will be regarded as a grievance and be dealt with under the "Grievance and Disputes Procedures" of this Award.

 

36.5      An employee should give the General Manager at least 2 weeks notice of an intention to end employment with the Company.  If a lesser period of notice is given the Company will not undertake to make the termination payment of the day the employment ends.

 

37.  Redundancy

 

37.1      The termination payment on redundancy will include a retrenchment payment.  The amount of the retrenchment payment will be:

 

Years of Service

Under 45 years of age

45 years or over

 

 

 

Less than 1 year

Nil

Nil

1 year but less than 2

4 weeks’ pay

5 weeks’ pay

2 years but less than 3

7 weeks‘ pay

8.5 weeks’ pay

3 years but less than 4

10 weeks’ pay

12.5 weeks’ pay

4 years but less than 5

12 weeks’ pay

15 weeks’ pay

5 years but less than 6

14 weeks’ pay

17.5 weeks’ pay

6 years and more

16 weeks’ pay

20 weeks’ pay

 

37.2      An Employee will not be entitled to a redundancy payment if any transfer or assignment of part or the whole of the operations of the Company takes place and the employee is offered continuity of employment by the transferee or assignee of such operations on no less advantageous terms and conditions of employment.

 

38.  Travelling Expenses

 

38.1      An employee will be reimbursed the cost of reasonable accommodation and other travel expenses for travel on duty within Australia.  An employee is entitled to a cash advance towards travel expenses that the employee has to pay.

 

38.2      An employee will be paid an incidental expenses allowance in accordance with Australian Taxation Office rates.  As at November 2003, this rate is $13.85 for each overnight stay while travelling on duty in Australia.

 

38.3      An employee will be paid a meal allowance for meals taken while the employee is travelling on duty within Australia.  The allowance will not be paid:

 

when the meal is provided at no cost to the employee as an incident of the travel; or

 

for lunch when an overnight stay is not involved in the travel.

 

38.4      The rates of meal allowance will be paid in accordance with Australian Taxation Office rates which as at November 2003 were as follows:

 

breakfast

$15.75

 

 

lunch

$18.05

 

 

dinner

$31.15

 

38.5      For travel outside Australia employees will be paid allowances determined by the Company in line with rates approved by the Australian Taxation Office.

 

39.  Excess Travelling Time

 

39.1      Full-time employees who receive a salary not exceeding the salary for the maximum payable to the Coal Services Pty Limited Officer, Level 4 classification and part-time employees who receive an equivalent salary may be entitled to a payment for any excess travelling time where they are required to be on duty away from the usual place of work.  Where an employee is specifically employed to work in a region or regions excess travelling time will only be paid for travel outside that region or regions.

 

39.2      Excess travelling time is the time in excess of the normal time taken to travel to and/or from work needed to travel to and/or return from the place where the duty is undertaken.

 

39.3      Payment for excess travelling time will be at the employee’s rate of pay except for travel on Sunday and on a Public Holiday when payment will be at one and a half times the employee’s rate of pay.

 

39.4      The minimum amount of excess travelling time for which payment will be made is 30 minutes in one day.  The maximum amount for which payment will be made is 5 hours in one day.

 

39.5      The applicable rate shall be the Australian Tax Office reasonable rates as from time to time in force

 

40.  Use of Private Motor Vehicle on Company Business

 

40.1      The General Manager may approve an employee using the employee’s private motor vehicle for Company business where a Company vehicle is not available.

 

40.2      An employee will be paid for use of a private motor vehicle on Company business in accordance with Australian Taxation Office rates.  As at November 2003, these rates are as set out in the table below. Rates of Payment for Use of a Private Motor Vehicle on Company Business.

 

Engine Capacity

 

 

(ordinary car)

(rotary engine)

per kilometre

 

 

 

Above 2,600 cc

Above 1,301cc

61.0

1,601 to 2,600 cc

801to 1,300 cc

60.0

Under 1,600 cc

Under 800 cc

50.0

 

The applicable rate shall be the Australian Tax Office reasonable rates as from time to time in force.

40.3      The General Manager may approve a further payment if the employee can show that a payment under the scale above is insufficient to meet expenses.

 

41.  Transfer

 

41.1      The General Manager may transfer an employee to another job at the Company where the transfer is necessary for the operations of the Company and the employee is capable of doing the other job.  An objection by an employee to a transfer of the employee will be regarded as a grievance and be dealt with under the "Grievance and Disputes Procedures" of this Award.

 

41.2      When the General Manager transfers an employee to another job or where an employee is promoted to another job the Company will pay reasonable relocation expenses which may include travel costs for the employee and the employee’s family, removal expenses, cost of reconnection of telephone service and cost of temporary accommodation.

 

41.3      An employee who voluntarily transfers to another job at the Company is not entitled to payment of relocation expenses by the Company.

 

42.  Promotion Appeals

 

42.1      An employee may appeal against the promotion of another employee to a position on the ground of greater merit for the job except when:

 

the promotion is to a position with a salary equal to or less than the salary of the appellant; or

 

the promotion is to a position with a maximum rate of salary exceeding the maximum rate of salary for the CSPL 6 classification; or

 

a position was advertised and the appellant did not apply for promotion to the position; or

 

the employee promoted was redeployed from a redundant position; or

 

the person appointed to the position was not an employee of the Company before the appointment.

 

42.2      The appeal will be dealt with by a Promotions Appeal Committee.  The appellant must lodge the appeal in writing with the General Manager within 14 days of notification of the provisional promotion.  The General Manager will forward the appeal to the Committee.

 

42.3      The Promotions Appeal Committee will comprise a person nominated by the General Manager, a person nominated by the Union and an independent chairman agreed upon by the General Manager and the Union.

 

42.4      The Promotions Appeal Committee will regulate its own proceedings.  The Committee may inform itself on matters relevant to the promotion by requiring written submissions from the Company and the parties to the appeal, by interview of employees, by inspection of the workplace and by other reasonable means.

42.5      The decision of the Promotions Appeal Committee will be the decision of the majority of the Committee.  The decision will be final and will not be capable of review under the provisions of this Award.  The Company will implement the decision of the Committee.

 

42.6      Nothing in clause 47 shall derogate from the rights of any employee to seek redress in any competent industrial tribunal.

 

43.  Grievance and Dispute Procedures

 

43.1      The objective of the Grievance and Dispute Procedure is to acknowledge the importance of the employee and supervisor relationship in resolving disputes.  The procedure for the resolution of grievances and industrial disputation between the Company and its employees is as follows:

 

43.2      Procedure relating to an employee grievance or dispute

 

(a)        The employee must inform his or her supervisor that a grievance or dispute exists even if such grievance or dispute is to be reported in detail to another officer.

 

(b)        The employee must notify his or her supervisor as to details of the grievance or dispute unless the employee believes his or her supervisor is not an appropriate person (for example if the supervisor is a male and the employee has good reason to speak to a female).  If the employee believes his or her supervisor is not an appropriate person the employee may ask the Human Resources Officer to consider referring the matter to a more appropriate officer.

 

(c)        If the grievance or dispute cannot be resolved at the supervisor level the employee shall have the right to refer it to the next level of management to try to resolve it and will have the right to be represented by the Union to which he or she belongs or a person the employee chooses.

 

(d)        If the grievance or dispute is unable to be resolved at the next level of management, the employee or the Union may refer it to the New South Wales Industrial Relations Commission for attempted conciliation.

 

(e)        Work will continue while the grievance or dispute is being dealt with under these procedures unless a bona fide health or safety issue requiring the workplace to be evacuated is involved.

 

(f)         The Company’s Corporate Services Manager is the Company’s Grievance Officer and employees may refer to that officer for advice in relation to a grievance or dispute.

 

43.3      Procedure relating to an employer grievance or dispute

 

(a)        The Company must notify the relevant employee or employees of its grievance or dispute.

 

(b)        An employee shall have the right to be represented by the Union to which she or he belongs.

 

(c)        If the grievance or dispute cannot be resolved the Company may refer it to the New South Wales Industrial Relations Commission for attempted conciliation.

 

44.  Access to the Union

 

44.1      All employees subject to this Award shall have rights of access to Union officers in accord with Chapter 5, Part 7 of the Industrial Relations Act 1996 (NSW).

 

44.2      Notwithstanding the above such access to and discussions with Union officers all shall be able to be conducted privately where required by the employee.

 

45.  Access to the Award

 

45.1      An employee is entitled to access to a current copy of the Award and the Company will keep a current copy of the Award in an accessible place in each of its offices.

 

45.2      It is the responsibility of the employee to find out the provisions of the Award. The Company will not give consideration to any request from an employee on the ground of lack of knowledge of the provisions of the Award.

 

46.  Anti Discrimination

 

46.1      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.

 

46.2      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.

 

46.3      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.

 

46.4      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 age;

 

(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 in any State or federal jurisdiction.

 

46.5      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.

 

47.  Exclusions

 

47.1      In the event of any provision in this Award being in conflict with any provision contained in either the Clerical and Administrative Industry (State) Award or the Occupational Health Nurses (State) Award then the provisions of this Award shall prevail.

 

48.  Consent Award

 

48.1      This Award is a consent award made between the parties on the basis that the wage rates contained in this award are paid rates.

 

 

 

A. W. MACDONALD, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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