CSR LTD TRADING AS THE
READYMIX GROUP PENRITH TRANSPORT WORKSHOP ENTERPRISE ARRANGEMENT NO. 1 (STATE)
CONSOLIDATED AWARD 1996
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5624 of 2003)
|
Before Commissioner
Murphy
|
6 February 2004
|
REVIEWED AWARD
Clause No. Subject Matter
1. Title of
Award
2. Area,
Incidence and Duration -Application of Award
3. Parties
to the Award
4. Relationship
to Parent Award
5. Term of
the Award
6. No Extra
Claims
7. Review of
Award
8. Aims and
Objectives of the Award
9. Ongoing
Recognition and Commitment to Continuous Improvement
10. Awareness
Training
11. Disputes
Procedure
11A. Anti-Discrimination
11B. Deduction
of Union Membership Fees
12. The First
Enterprise Award
13. Stages of
this Award
14. Business
Unit
15. Key
Performance Indicators and Targets
16. Electronic
Funds Transfer
17. Education
and Identification of Artificial Barriers
18. Casual
Employees
19. Increased
Flexibilities
20. Night
Shift
21. Rostered
Days Off
22. Picnic Day
23. Redundancy
24. Signatories
Annexure A
Annexure B
1. Title of Award
This award shall be known as CSR Ltd trading as The Readymix
Group Penrith Transport Workshop Enterprise Arrangement No. 1 (State)
Consolidated Award 1996.
2. Application of
Award
This award shall apply to the Penrith Transport Workshop
operated by CSR Ltd trading as The Readymix Group in respect of employees covered
by the Quarrying Industry (State) Award (published 30 June 2000 - 316 I.G.
961).
3. Parties to the
Award
This award shall be binding on:
(a) CSR Ltd
trading as The Readymix Group;
(b) the industrial
organisation of employees known as the Automotive, Food, Metals, Engineering,
Printing and Kindred Industries Union, New South Wales Branch;
(c) all heavy
vehicle mechanics employed at CSR's Penrith Transport Workshop.
4. Relationship to
Parent Award
(1) This award
shall be read in conjunction with the Quarrying Industry (State) Award
(hereafter the "parent award").
(2) Where there is
any inconsistency between the parent award and this award, this award shall
prevail to the extent of any inconsistency.
5. Term of the Award
(1) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the CSR Ltd trading as The Readymix Group
Penrith Transport Workshop Enterprise Arrangement No. 1 (State) Award 1996 published
17 October 1997 (301 I.G. 877) and all variations thereof.
(2) The award
published 17 October 1997 took effect on and from the first full pay period to
commence on or after 17 March 1997.
(3) The changes
made to the award pursuant to the Award Review pursuant to section 19 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 18 December
1998 (308 I.G. 307) take effect on and from 6 February 2004.
(4) The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
6. 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.
7. Review of Award
The parties agree to review this award no later than three
months 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.
8. 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 competitive.
The company has developed a vision of the type of business
it wants and the elements necessary to transfer that vision to a 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) improved
competitiveness;
(g) removal of
artificial barriers;
(h) creating a
team environment;
(i) increased job
security.
(2) Objectives -
(a) to break down
artificial, physical, cultural and conditional barriers that exist between
levels of employees within CSR Readymix;
(b) 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;
(c) 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;
(d) to provide a
climate for employees to develop a broader range of skills, thereby maximising
rewards to employees and security of employment;
(e) to benchmark
other organisations that are leaders in the field of increased efficiency and
productivity and, where appropriate, utilise this information in implementing
change.
9. Ongoing
Recognition and Commitment to Continuous Improvement
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. All employees will become familiar with
continuous improvement concepts and skills through refresher training and
involvement in project and team-based work.
10. Awareness
Training
All employees the subject of this award shall be provided
with awareness training within one month of finalisation of the award, covering
the following areas:
(a) the content of
this award;
(b) the
requirements of this award;
(c) concepts of
teams, teamwork and self-directed work teams;
(d) the removal of
artificial barriers, i.e., physical, cultural and conditional barriers and how
to systematically remove them by agreement.
Such training shall be held during paid time but shall be
arranged so as to minimise the impact on continuous operations of the company's
activities and customer service.
11. Disputes
Procedure
(1) A procedure
for the avoidance of industrial disputes and employee grievances shall apply to
the Penrith Transport Workshop.
(2) The objectives
of the procedure shall be to promote the resolution of disputes/grievances by
measures based on consultation, co-operation and discussion, to reduce the
level of industrial confrontation and to avoid interruption to the performance
of work and the consequential loss of production and wages.
(3) Any employees
or delegates should obtain permission from their manager or supervisor prior to
leaving their work station to consult with the employer. Such permission shall not be unreasonably
withheld. All union business, in
relation to this procedure, shall be conducted by the employee in the
employer's time.
(4)
(a) Procedures
relating to grievances of individual employees:
(i) The employee
is required to notify (in writing or otherwise the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(ii) 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.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) 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.
(v) While a
procedure is being followed, normal work must continue.
(vi) If they so
choose, the employee may be represented by an industrial organisation of
employees.
(b) Procedures
relating to disputes, etc., between employers and their employees:
(i) 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.
(ii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iii) While a
procedure is being followed, normal work must continue.
(iv) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
(5) There shall be
a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest
possible advice by one party to the other of any issue or problem which may
give rise to a grievance or dispute.
(6) Reasonable
time limits shall be allowed for the completion of the various stages of the
discussions. At least seven days should
be allowed for all stages of the discussions to be finalised.
(7) Emphasis shall
be placed on a negotiated settlement. However,
if the negotiation process is exhausted without the dispute being resolved, the
parties shall jointly or individually refer the matter to the Industrial
Relations Commission of New South Wales for assistance in resolving the
dispute.
(8) In order to
allow for the peaceful resolution of grievances and disputes, the parties shall
be committed to avoid industrial action, including stoppages of work, lock-outs
or any other bans or limitations on the performance of work while the above
procedure is being followed.
(9) The employer
shall ensure that all practices applied during the operation of the procedure
are in accordance with their obligations under the Occupational Health and
Safety Act 2000 and Occupational Health and Safety Regulation 2001 and consistent
with established custom and practice at the workplace.
11A.
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 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.
(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 of the adherents of that religion".
11A. Deduction of
Union Membership Fees
(1) The company
shall deduct union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the company to make such deductions in accordance with subclause
(2) herein;
(b) the union
shall advise the company of the amount to be deducted for each pay period
applying at the company's workplace and any changes to that amount;
(c) deduction of
union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be
no requirement to make deductions for casual employees with less than two
months' service (continuous or otherwise).
(2) The employee's
authorisation shall be in writing and shall authorise the deduction of an
amount of union fees (including any variation in that fee effected in
accordance with the union rules) that the union advises the company to
deduct. Where the employee passes any
such written authorisation to the union, the union shall not pass the written
authorisation on to the company without first obtaining the employee's consent
to do so. Such consent may form part of
the written authorisation.
(3) Monies so
deducted from employees' pay shall be remitted to the union on either a weekly,
fortnightly, monthly or quarterly basis at the company's election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts, provided that:
(a) where the
company has elected to remit on a weekly or fortnightly basis, the company
shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the
company has elected to remit on a monthly or quarterly basis, the company shall
be entitled to retain up to 2.5 per cent of the monies deducted.
(4) Where an
employee has already authorised the deduction of union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
(5) The union
shall advise the company of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in
the form of a schedule of fees to be deducted specifying either weekly,
fortnightly, monthly, or quarterly as the case may be. The union shall give the company a minimum
of two months' notice of any such change.
(6) An employee may
at any time revoke in writing an authorisation to the company to make payroll
deductions of union membership fees.
(7) Where an
employee who is a member of a union and who has authorised the company to make
payroll deductions of union membership fees resigns his or her membership of a
union in accordance with the rules of that union, the union shall inform the
employee in writing of the need to revoke the authorisation to the company in
order for payroll deductions of union membership fees to cease."
12. The First
Enterprise Award
The parties to this award agree that the output and
improvements made from the first award, known as CSR Limited trading as The
Readymix Group - Sydney Construction Products and Country Divisions, Quarries
Enterprise Bargaining Framework (State) Award 1994 published 7 April 1995 (284
I.G. 1274) (hereafter the first award), shall be the starting point from which
further improvements are to be made, consistent with the terms of this
award. The parties will ensure that the
commitments and requirements arising from the first award are met.
13. Stages of This
Award
This award's wage adjustments shall comprise of two stages:
Stage 1 - As at 17 March 1997, a three per cent wage
increase shall be paid and apply to employees of the Penrith Transport
Workshop, the subject of this award, in the classifications covered by the
Quarrying Industry (State) Award (parent award).
Stage 2 - As at 17 September 1997 (subject to achievement of
targets set out in clause 15, Key Performance Indicators and Targets, averaged
over the six-month period), a three per cent wage increase shall be paid to
employees the subject of this award.
14. Business Unit
The business unit shall be the Penrith Transport Workshop.
15. Key Performance
Indicators and Targets
(i) The key
performance indicators that shall be improved over the life of this award are:
unplanned absenteeism - days/employee/year;
rework - hours/month;
vehicle turnaround time - days/vehicle/month.
(ii) Current levels
of key performance indicators are:
(a) unplanned
absenteeism - N/A;
(b) rework - 6.5
hours/month;
(c) vehicle
turnaround time - 1.99 days/vehicle/month.
Current levels of key performance indicators are based on
Moving Annual Total (September 1995 to August 1996) results.
If the scope of work performed by the Penrith Transport
Workshop or permanent employee numbers change, the KPI targets will be reviewed
and adjusted, if required, by agreement.
(iii) Targets that
shall be achieved for the payment of Stage 2 (as outlined in clause 13, Stages
of this Award) shall be:
Stage 2 Target -
(a) unplanned
absenteeism - maximum of three days/employee/year;
(b) rework - two
hours/month;
(c) vehicle
turnaround time - 1.79 days/vehicle/month.
(iv) Should the
targets not be achieved as outlined in subclause (iii) of this clause, a pro
rata Stage 2 payment shall be made if unplanned absenteeism does not exceed
three days/employee/year.
(v) Definitions of
key performance indicators are attached to this award as Annexure B.
(vi) Calculation of
the second stage payment shall be as follows - If the unplanned absenteeism
rate has exceeded three days/employee/year, no second stage payment will be
made.
However, if the unplanned absenteeism rate has not exceeded three
days/employee/year, a second stage payment shall be made, using the following
formula:
|
(A)
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Unplanned
Absenteeism (target achieved)
|
|
=
|
100%
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Rework (*Current Level Actual)
|
x
|
100
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=
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%
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|
(Current Level - Target)
|
1
|
|
|
|
|
|
|
|
|
|
Vehicle (*Current Level - Actual)
|
x
|
100
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=
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%
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Turnaround
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(Current Level - Target
|
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1
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|
|
|
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(B) Aggregate % -
|
Aggregate in (A)
|
x
|
100
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=
|
%
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(C) Second stage
payment = 3 x percentage calculated in (B) = %
* NOTE: Current
level is defined as the agreed values for the KPI's as at the commencement of
this award.
16. Electronic Funds
Transfer
Payment of wages shall be paid weekly by electronic funds
transfer into an account(s) nominated by the employee.
17. Education and
Identification of Artificial Barriers
All parties to this award are committed to the removal of
artificial barriers that separate different levels of employment in the
business unit concerned. To this end, the parties agree to adopt the following
process:
(a) After all
employees in the business unit have received training as outlined in clause 10,
Awareness Training, the consultative team shall identify the barriers that
exist between different levels of employment at the business unit
concerned. Such barriers shall be
categorised in the following areas:
(i) cultural and
behavioural;
(ii) physical;
(iii) conditional.
Those barriers that are identified shall be recorded on the
form attached as Annexure A to this award, within six months from 17 March
1997.
(b) The barriers
identified shall be prioritised in order of importance to the business unit
concerned and the ease of removal.
(c) Barriers
identified as easily removed, or quick-fix items, shall be removed by agreement
with the business unit concerned.
(d) Other items
identified as priorities, but not easily removed, shall be discussed and an
agreed removal process implemented.
Should any issues require significant capital improvement, these issues
shall be subject to relevant company procedures prior to any removal being
implemented.
(e) Should removal
of any barrier(s) identified require variations to this award for legal
reasons, such variation shall occur, provided that the business unit concerned
and the relevant union(s) have agreed to such removal.
18. Casual Employees
A casual employee is one engaged and paid as such. A casual employee shall be paid one
thirty-eighth of the weekly rate, plus 15 per cent, for all work
performed. The employer shall not
engage more than two casual employees at any one time. This provision will be reviewed at the
expiry of this award. More than two
casual employees may be engaged by agreement between the employer and
employees.
19. Increased
Flexibilities
(i) Employees shall
undertake duties and tasks associated with the Penrith Transport Workshop as
directed, provided such employees have the skills, competence and training to
perform such tasks as directed.
(ii) Employees,
the subject of this award, are committed to co-operate with and undertake all
relevant training as required by the employer to meet the needs of the
business.
20. Night Shift
(i) Ordinary
hours for night shift shall be between 1.00p.m. and 1.00a.m., inclusive.
(ii) Night shift
hours in subclause (i) of this clause may be altered by mutual agreement.
(iii) Shift
arrangements will only be altered, for the life of this award, if extended
operating hours are granted at Penrith quarry.
21. Rostered Days Off
Rostered days off shall be implemented by agreement to suit
the needs of the business and the employees concerned. Such agreement shall not be unreasonably
withheld by either party.
22. Picnic Day
The picnic day may be taken on an alternative day, other
than the scheduled day, by agreement between the employer and employees
concerned.
23. Redundancy
Where permanent employees, the subject of this award, are
made redundant by the employer, they shall receive the following termination
payment:
(a) notice as
prescribed by the relevant legislation;
(b) two weeks for
each year of service (pro rata) to a maximum of 52 weeks (inclusive of the
notice period in subclause (a) of this clause.
24. Signatories
For CSR Ltd trading as The Readymix Group - Readymix Sydney
Division - F. Stevens.
For AMWU - Paul Bastian.
Appendix A
ANNEXURE A
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CULTURAL/BEHAVIOURAL
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ALIGNMENT
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CONTRADICTIO1
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PHYSICAL
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ALIGNMENT
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CONTRADICTIOt
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CONDITIONAL
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ALIGNMENT
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CONTRADICTIOt
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Appendix B
ANNEXURE B
Workshop EBA
Measures
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KPI's
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Definition
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Measure
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Current
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Target
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Data
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Reporting
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level
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collected and
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method
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collated by
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Vehicle
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*Applies to work carried out
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Days/
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1.99
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1.79
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Leading
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Daily
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Turnaround
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by the Penrith Workshop
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vehicle/
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Hands and
|
"trucks
|
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Time
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only (excludes vehicles at
|
month
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off road"
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contractors which are listed
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Maintenance
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sheet
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on"trucks off road" sheet)
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Manager
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Average
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*The amount of time spent
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Sept. '95
|
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off road as determined by
|
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to Aug.
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"trucks off road" sheet
|
|
'96
|
|
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|
|
KPI's
|
Definition
|
Measure
|
Current
|
Target
|
Data collected
|
Reporting
|
|
|
|
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level
|
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and collated by
|
method
|
|
Rework
|
*Any job that has to be
|
Hours/
|
6.5
|
2
|
Leading Hands
|
Daily "trucks
|
|
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reworked due to poor
|
month
|
|
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and
|
off road"
|
|
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workmanship by the Penrith
|
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Maintenance
|
sheet
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Transport Workshop, as
|
|
|
|
Manager
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agreed by Maintenance
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Manager and Leading Hands
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Average
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(taking into account the time
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Sept. '95
|
|
|
|
|
|
factor involved since the
|
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to Aug.
|
|
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completion of the job)
|
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'96
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*Excludes rework performed
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on job originally carried out
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by contractors and casuals
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Unplanned
|
*Any absence without
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Days/
|
N/A
|
Max. 3
|
Leading Hands
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Daily/
|
|
Absenteeism
|
48 hours' notice
|
man year
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|
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and
|
weekly
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averaged
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Maintenance
|
report to
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*Multiple days, only first
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|
Manager
|
Maintenance
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day counts if Company
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Manager
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notified on first day
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*Part days not included
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*Excludes Workers'
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Compensation
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*Includes industrial disputes
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J. P. MURPHY, Commissioner.
____________________
Printed by the
authority of the Industrial Registrar.