RINKER GROUP T/A READYMIX HOLDINGS PTY LTD TAREE TRANSPORT ENTERPRISE
BARGAINING FRAMEWORK (STATE) AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 7390 of 2003)
|
Before The Honourable
Mr Deputy President Harrison
|
3 May 2004
|
REVIEWED AWARD
1.
Title of Award
1.1 This award
shall be known as the Rinker Group t/a Readymix Holdings Pty Limited Taree Transport
Enterprise Bargaining Framework (State) Award 2003.
2.
Arrangement
Clause No. Subject Matter
1. Title
of Award
2. Arrangement
3. The
Enterprise(s)
4. Parties
to the Award
5. Relationship
to Parent Awards
6. Term
of Award
7. No
Extra Claims
8. Review
of Award
9. Aims
and Objectives of the Award
10. Ongoing
Recognition and Commitment to Continuous Improvement
11. Awareness
Training
12. Disputes
Procedure
13. Operation
of the 38-Hour Week
14. Flexible
Duties
15. Vehicle
and Plant Maintenance
16. Miscellaneous
Product Handling
17. Casual
Minimum Start
18. Allowance
19. Completion
Of Driver Log Book
20. Rostered
Days Off
21. Personal/Carer’s
Leave
22. Anti-Discrimination
23. Commitment
to Quality
24. Consideration
of Annualised Salaries
25. Fuel
Economy
26. Consultative
Team
27. Wage
Adjustment Stages
28. No
Duress
Annexure
A
Annexure
B
Annexure
C
3.
The Enterprise(s)
3.1 This award
shall apply at sites operated by Rinker Group T/A Readymix Holdings Pty Limited
("Company") at Taree which are set out in Annexure "A" in
respect of employees covered by the following awards:
(a) Transport
Industry Quarried Materials (State) Award;
(b) Transport
Industry Mixed Enterprises Interim (State) Award.
4.
Parties to the Award
4.1 This award shall
be binding on:
(a) The Company at
the Country East - Taree sites as set out in Annexure "A" to this
award; and
(b) Transport
Workers' Union of Australia, New South Wales Branch.
5.
Relationship to Parent Awards
5.1 This award
shall be read and construed in conjunction with the following awards:
(a) Transport
Industry Quarried Materials (State) Award;
(b) Transport
Industry Mixed Enterprises Interim (State) Award.
5.2 Where there is
any inconsistency between the above awards and this award, this award shall
prevail to the extent of the inconsistency.
6.
Term of Award
6.1 This award
shall come into operation on and from the first full pay period to commence on
or after 15 July 2003 and shall remain in force for a term of 24 months.
6.2 This award was
reviewed pursuant to section 19 of the Industrial Relations Act
1996. The changes made to the award
pursuant to the review take effect on and from 28 April 2004.
7. No Extra Claims
7.1 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.
8.
Review of Award
8.1 The parties
agree to review this award no later than twelve weeks prior to the end of its
term. In the context of this review,
the parties shall examine both the operation of the award and the possibilities
of entering into a further award.
9. Aims and Objectives of the Award
9.1 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 more 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) International
Competitiveness
9.2 Objectives:
(a) To create a positive
environment to introduce enterprise bargaining into the company's operations.
(b) To provide
guidance and increase awareness about the enterprise bargaining process.
(c) To improve the
efficiency and productivity of the company by ensuring management and labour
practices are more closely attuned to current and future needs and objectives
of the company.
(d) To develop an
environment of continuous improvement which is conducive to a flexible work
organisation able to respond to changing demands in the market place.
(e) To provide a
climate for employees to develop a broader range of skills thereby maximising
rewards to employees and security of employment.
(f) To benchmark
other organisations that are leaders in the field of increased efficiency and
productivity and where appropriate utilise this information in implementing
change.
10. Ongoing Recognition and Commitment to Continuous
Improvement
10.1 The company
maintains a Quality Management System and is committed to the principles of
improving the processes we employ. To
maximise the benefits associated with a Quality Management System, all
employees shall be committed to cooperation and implementation of continuous
improvement activities as a normal component of their job.
11.
Awareness Training
11.1 All employees
covered by this award shall be provided with general awareness training on
enterprise bargaining as required.
11.2 The content and
providers of this training shall be mutually acceptable to the parties to this
award.
11.3 Wherever
practicable awareness training will be conducted in ordinary time hours.
11.4 The company
shall pay for the awareness training and employees shall be paid in accordance
with the relevant parent award while attending such training.
11.5 The duration
and timing of the training sessions should be structured so as to minimise
their effect on the continuous operation of the company's activities and
customer service.
12.
Disputes Procedure
12.1 Procedures
relating to grievances of individual employees:
(a) 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.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance. If the matter has
not been resolved, the employers’ response shall include reasons for not
implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
12.2 Procedures
relating to disputes etc between employers and their employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a procedure
is being followed, normal work must continue.
(d) The employee
may be represented by an industrial organisation of employees for the purpose
of each procedure.
13. Operation of the 38 Hour Week
13.1 Rostered Days
off are to be taken by mutual agreement between employees and the employer.
14.
Flexible Duties
14.1 Employees, the
subject of this award, may be required to drive stockpiling/bin trucks, water
carts, loaders and other plant trucks on a needs basis provided such work is
within the skill, competency and training of the employees concerned.
14.2 Where duties
are being performed within subclause (a) of this clause that incur a higher
rate of pay than the employees normal rate of pay, such employee shall be paid
the higher rate in accordance with the Mixed Functions clause of the Transport
Industry - Mixed Enterprises (State) Award.
14.3 In order to
achieve the desired levels of flexibility, it is recognised that the company
will provide and the employees will participate in training of such skills and
competencies necessary for the tasks to be performed.
15. Vehicle and Plant Maintenance
15.1 It is a part of
an employee’s duties to ensure that his/her vehicle is regularly
maintained. Such maintenance shall
include, but not be limited to daily pre-start checks, greasing, washing,
cleaning and repair work. Drivers shall
keep pre-start check details in full, in a "Daily Log Book" format
and other maintenance details as required.
Drivers shall assist with mechanical repairs as directed, provided such
assistance is within their skills, competence and training.
15.2 Employees shall
assist in general plant maintenance and housekeeping as directed by the
employer subject to the employee’s skill, competence and training.
16. Miscellaneous Product Handling
16.1 Employees shall
handle the sale of miscellaneous yard products when required. This includes movement into and out of
storage, maintaining stock movements and attending to customers.
17.
Casual Minimum Start
17.1 Casual employees
shall be given a minimum start of 4 hours on each occasion a casual employee is
engaged.
18.
Allowance
18.1 The following award allowances shall not
apply to employees the subject of this Award:
(a) meal allowance on overtime
(b) collection of monies
19.
Completion of Driver Log Book
19.1 Driver Log Books for the purpose of wages
payment and recording driver breaks are to be completed daily where possible or
at least within 24 hours of completion of a shift.
20.
Rostered Days Off
20.1 Rostered days off will accumulate to a
maximum of ten (10). At any time prior to the accrual of the maximum number of
RDO’s, the employee and employer may agree that either some or all of the RDO’s
be paid out or taken at a mutually convenient time. Where the employer and
employee can’t agree, the employer may elect to either pay out the RDO’s or
direct the employee to take them.
20.2 A rostered day off that is paid out in
accordance with this Clause will be at ordinary time rates of pay.
21.
Personal/Carer’s Leave
21.1 Use of Sick Leave:
(a) An employee other than a casual
employee, with responsibilities in relation to a class of person set out in
subparagraph (ii) of paragraph (c), who needs the employee’s care and support,
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, for absences to provide care and support, for
such persons when they are ill. Such leave may be taken for part of a single
day.
(b) The employee shall, if required,
establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person. In normal circumstances, an employee must
not take carer’s leave under this subclause where another person has taken
leave to care for the same person.
(c) The entitlement to use sick leave in
accordance with this subclause is subject to:
(i) the employee being responsible for the
care of the person concerned; and
(ii) the person concerned being:
(A) a spouse of the employee; or
(B) a de facto spouse, who in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(C) a child or an adult child (including an
adopted child, a step child, a foster child or an ex nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or spouse or de facto spouse of the employee; or
(D) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(E) a relative of the employee who is a
member of the same household, where for purposes of this subparagraph:
(1) "relative" means a person
related by blood, marriage or affinity;
(2) "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the
other; and
(3) "household" means a family
group living in the same domestic dwelling.
21.2 Unpaid Leave for Family Purposes:
(a) An employee may elect, with the consent
of the employer, to take unpaid leave for the purpose of providing care and
support to a member of a class of person set out in subparagraph (i) of
paragraph (c) of subclause 21.1 who is ill.
21.3 Annual Leave:
(a) An employee may elect with the consent
of the employer, subject to the Annual Holidays Act 1944, to take annual
leave not exceeding five days in single day periods or part thereof, in any
calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in
paragraph (a) of this subclause, shall be inclusive of any shutdown period provided
for elsewhere under this award.
(c) An employee and employer may agree to
defer payment of the annual leave loading in respect of single day absences,
until at least five consecutive annual leave days are taken.
21.4 Make-up Time:
(a) An employee may elect, with the consent
of the employer, to work "make-up time", under which the employee
takes time off ordinary hours, and works those hours at a later time, during
the spread of ordinary hours provided in the award, at the ordinary rate of
pay.
(b) An employee may elect, with the consent
of the employer, to work "make-up time" (under which the employee
takes time off ordinary hours and works those hours at a later time), at the
shift work rate which would have been applicable to the hours taken off.
21.5 Rostered Days Off:
(a) An employee may elect, with the consent
of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent
of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent
of the employer, to accrue some or all rostered days off for the purpose of
creating a bank to be drawn upon at a time mutually agreed between the employer
and employee, or subject to reasonable notice by the employee or employer.
(d) This subclause is subject to the
employer informing the union where it has members employed at the particular
enterprise of its intention to introduce an enterprise system of RDO
flexibility, and providing a reasonable opportunity for the union to participate
in negotiations.
22.
Anti-Discrimination
22.1 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.
22.2 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.
22.3 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.
22.4 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; or
(d) a party to this award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
22.5 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.
23.
Commitment to Quality
23.1 Employees are to be committed to following
the relevant Work Instructions issued in accordance with the area Quality
Assurance system.
23.2 For concrete truck drivers, emphasis is
placed on the requirement for drivers to note on delivery dockets the amount of
water added on site at the request of the customer.
24.
Consideration of Annualised Salaries
24.1 During the life
of this award, the employer and employees should collect data on, and consider
the introduction of, annualised salaries.
25.
Fuel Economy
25.1 All drivers are to assist with the
assessment of truck fuel economy by recording the fuel usage and kilometre
readings for each truck. The fuel economy data is to be assessed by the drivers
and management on a monthly basis.
26. Consultative
Team
26.1 The Company and employees covered by this
award shall meet regularly to discuss the effectiveness of the Award. If required,
the Company and employees may form a consultative team and follow the
guidelines set out in Annexure C of this award.
27.
Wage Adjustment
Stages
27.1 This award
shall be divided into two separate stages for wage increases. Details of these rates are contained in
Annexure "B".
(a) Stage 1
On 19 March 2003, a three percent (3%) increase shall
be paid to employees the subject of this award.
(b) Stage 2
Twelve months after payment of Stage 1 above, a three
percent (3%) shall be paid to employees the subject of this award.
28. No Duress
28.1 No party has
entered into this award under duress.
ANNEXURE A
Rinker Group T/A Readymix Holdings Pty Limited, Taree Area
Taree Concrete Plant
Pitt Street
Chatham
Forster Concrete Plant
Kularoo Drive
Forster
Gloucester Concrete Plant
Oak Street
Gloucester
Bulahdelah Concrete Plant
Red Gum Road
Bulahdelah
Jandra Quarry
Pacific Highway
Possum Brush
Tuncurry Sand Pit
Darawank
Manning Sand and Gravel
Edinburgh Drive
Taree
ANNEXURE B
Stage 1 - Monetary
Rates Table
Classification in the Transport Industry Quarried Materials
(State) Award
|
Classification
|
Basic
|
New Rate Per Week
|
|
|
|
Certified
|
Advanced
|
|
|
$
|
$
|
$
|
|
Grade 2 Vehicle Class 1
|
554.96
|
565.13
|
|
|
Grade 2 Vehicle Class 2
|
560.33
|
570.63
|
|
|
Grade 2 Vehicle Class 3
|
569.23
|
579.53
|
|
|
Grade 2 Vehicle Class 4
|
598.38
|
608.68
|
618.97
|
|
Grade 2 Vehicle Class 5
|
605.28
|
615.47
|
625.77
|
|
Transport Worker Grade 3
|
|
711.44
|
|
|
Aggregate Mass Allowance
|
Rate per week
|
|
|
$
|
|
(every 2 tonnes added)
|
10.54
|
Classification in the Transport Industry Mixed Enterprise
(State) Award
|
Classification
|
New Rate Per Week
|
|
|
$
|
|
Transport Worker Grade 1
|
515.62
|
|
Transport Worker Grade 2
|
533.65
|
|
Transport Worker Grade 3
|
546.18
|
|
Transport Worker Grade 4
|
557.18
|
|
Transport Worker Grade 5
|
585.02
|
|
Transport Worker Grade 6
|
592.17
|
|
Transport Worker Grade 7
|
613.48
|
|
Transport Worker Grade 8
|
657.02
|
|
|
New Rate
|
|
|
Per hour
|
Maximum per week
|
|
|
$
|
$
|
|
Slump Allowance - Stage 1
|
0.47
|
18.14
|
Stage 2 - Monetary
Rates Table
Classification in the Transport Industry Quarried Materials
(State) Award
|
|
|
New Rate Per Week
|
|
Classification
|
Basic
|
Certified
|
Advanced
|
|
|
|
$
|
$
|
|
Vehicle Class 1
|
571.61
|
582.08
|
|
|
Vehicle Class 2
|
577.14
|
587.75
|
|
|
Vehicle Class 3
|
586.31
|
596.92
|
|
|
Vehicle Class 4
|
616.33
|
626.94
|
637.54
|
|
Vehicle Class 5
|
623.44
|
633.93
|
644.54
|
|
Transport Worker Grade 3
|
|
732.78
|
|
|
Aggregate Mass Allowance
|
Rate per week
|
|
|
$
|
|
(every 2 tonnes added)
|
10.86
|
Classification in the Transport Industry Mixed Enterprise
(State) Award
|
Classification
|
New Rate Per Week
|
|
|
$
|
|
Transport Worker Grade 1
|
531.09
|
|
Transport Worker Grade 2
|
549.66
|
|
Transport Worker Grade 3
|
562.57
|
|
Transport Worker Grade 4
|
573.90
|
|
Transport Worker Grade 5
|
602.57
|
|
Transport Worker Grade 6
|
609.94
|
|
Transport Worker Grade 7
|
631.88
|
|
Transport Worker Grade 8
|
676.73
|
|
|
New Rate
|
|
|
Per hour
|
Maximum per week
|
|
|
$
|
$
|
|
Slump Allowance - Stage 1
|
0.48
|
18.68
|
ANNEXURE C
Composition of the
Consultative Team
1. The team
should have a maximum of six (6) members.
2. The team must
have at least 50% of its members representative of the employees.
3. The
procedures for the election/appointment of company and employee team members should
be determined at each business unit.
In the determination of the team members consideration
should be given to the:
(a) size of the
Company’s Country East Taree sites;
(b) geography of
those sites;
(c) different job
classifications; and
(d) shift
arrangements.
The company’s employee relations representatives and
the relevant union officials should be kept advised of developments and shall
participate in any discussions as required.
Term of Office
1. Members
elected or appointed to a team shall hold office for a period of twelve months.
It is the responsibility of each team member to attend all team meetings and to
present the views and opinions of those people he or she represents.
2. If a member
of the team ceases employment with the company or can no longer fulfil his or
her responsibilities, a new election or appointment should be made and an
induction briefing should be arranged for the new team member.
Team Training
1. Once
established, the team shall undertake at least a single day training session
which shall concentrate on:
(a) the content
and operation of this award;
(b) the role and
operation of the team; and
(c) basic
negotiating skills.
Team Meetings
1. Each team shall
schedule regular meetings. Such meetings should occur at a time that minimises
the disruption to operations but also allows team members to play a focussed
and active role in the meetings.
Notation:
For instance, scheduling meetings after a busy day’s
work may be convenient but the team members might be too tired to fully
participate. Whereas scheduling meetings every other Wednesday afternoon could
give everyone an opportunity to prepare and focus on the team’s activities and
ensure everyone is fresh and participates fully.
2. Team meetings
shall be attended without loss of pay by team members.
3. The team
should agree on the standard length of team meetings.
Notation:
For instance, two hour meetings should give the team
sufficient time to operate effectively; whereas a four hour meeting might
result in team members losing interest.
4. If the team
wants to extend the standard length of its meetings, the team should agree on
the length of the extension.
Notation:
For instance, imagine you had a standard two hour
meeting which was scheduled to finish at 10.00am but the team was close to
resolving an issue - the team could agree to extend the meeting to 12.30pm to
finish dealing with that issue.
5. An agreed
amount of time should be allowed before and after each team meeting for the
company and employee team members to meet separately.
The time before the team meeting should be used to
prepare for the meeting and the time after the meeting should be used to debrief
and evaluate what occurred in the meeting.
Team Meetings - Team Leader
1. Each team
should elect a team leader. The position of team leader should rotate between a
management and employee team member on an agreed basis.
2. It is the tam
leader’s responsibility to ensure that the meeting is run in accordance with
the agenda and that each team member is given a reasonable opportunity to
express their views during meetings.
3. It is also
the team leader’s responsibility to ensure that the meeting procedure is fair
to all members of the team particularly in relation to the taking of
adjournments, time out, stretch breaks, etc.
Team Meetings - Minute Taker
1. Each
negotiating team shall elect a member for the purpose of recording minutes of
each team meeting, preparing and distributing agendas.
2. Minutes
should be recorded on a minute sheet.
3. Minutes
should be agreed to by the negotiating team at the conclusion of each meeting
and signed by the minute taker and team leader as a true and correct record of
the meeting.
Team Meetings - Agenda
1. Every team
meeting must be structured around an agenda.
2. All team
members have right and a responsibility to submit agenda items.
3. The agenda,
minutes for the previous meeting and any relevant background
material/documentation shall be circulated within a reasonable time but not
less than 3 working days prior to team meetings to allow for preparation.
Team Communication
1. Each team
shall establish a procedure for regularly communicating about the team’s
activities with the employees and management in the business unit.
2. This
communication procedure should be serviced to suit the size, number and
geography of sites in the business unit concerned.
3. The objective
of the communication procedure is to ensure that everyone has a good
understanding of the team’s activities providing them with an opportunity to
participate in the bargaining process through their representatives on the
team.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.