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.