BORAL AUSTRALIA GYPSUM CAMELLIA CONSENT ENTERPRISE (STATE) AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Business Industrial, an organisation of employers and a State Peak Council for employers.
(No. IRC 2317 of 2004)
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Before The Honourable
Justice Staunton
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7 May 2004
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AWARD
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Parties
3. Application
4. Aims and
Commitment
5. Anti-Discrimination
6. Wages and
Classifications
7. Hours
8. Shift
Work Allowances
9. Overtime
10. A Change
in Time
11. Training -
Efficiency - Productivity
12. Holidays
13. Saturday,
Sunday or Holiday Work
14. Meals
15. Meal
Allowance
16. Protective
Clothing
17. Personal
Carers Leave
18. Annual
Leave
19. Sick Leave
20. First Aid
Allowance
21. Payment of
Wages
22. Counselling
and Disciplinary Procedure
23. Introduction
of Change
24. Conditions
of Employment
25. Redundancy
26. Bereavement
Leave
27. Jury
Service
28. Dispute
Procedure (the Company and Employees)
29. Grievance
Procedure - (Individual Employees)
30. Theft of
Tools
31. State Wage
Case Decisions
32. Union
Notice Board
33. No
Precedent
34. Shop
Stewards
35. Casuals
36. Key
Performance Indicators
37. Leave
Reserved
38. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates
and Allowances
2. Parties
Boral Australian Gypsum Limited (the Company);
The Australian Liquor, Hospitality and Miscellaneous Workers
Union, New South Wales Branch;
The Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch;
The Electrical Trades Union of Australia, New South Wales
Branch;
(the Unions).
3. Application
(a) This Award
shall prevail over and operate to the exclusion of any other former award that
may have application to the employees intended to be bound by this Award.
(b) This Award
rescinds and replaces the Boral Australian Gypsum, Camellia, Consent Enterprise
(State) Award 2001 published 22 May 2002 (Serial C91282) and all variations
thereof.
(c) Negotiations
for an agreement or award to replace this Award will commence four months prior
to the expiration of this Award.
4. Aims and
Commitment
(a) Aims of the
Award -
The aims of this Award are to:
(1) Ensure the
Camellia site not only meets but surpasses the quality and service levels of
competitors.
(2) Increase
employee skill flexibility.
(3) Enhance and
improve the ability to train operators to an accepted standard.
(4) Foster a
culture of teamwork and cooperation by understanding each other and the
environment in which each party operates.
(b) Commitment
The Unions, who are party to this Award, give a
commitment to promoting the implementation of Improved Work Efficiencies which
are vital to the success of this Award.
These are:
(1) Work with
minimal supervision.
(2) Employees to
use their initiative to respond to changes in a positive manner.
(3) Employees to
make the best use of time available.
(4) Maximise each
employee’s contribution in a team environment.
5.
Anti-Discrimination
(a) 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.
(b) 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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(e) 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.
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 that religion."
6. Wages and
Classifications
(a) Level
Definition
1. This is the entry
level for employees who do not have the appropriate skills needed for
classification at higher levels.
Employees at this level perform routine duties and simple manual or
mechanical tasks of satisfactory quality and work under close supervision. Classification at this level is limited to a
period of 28 days. Without limiting the
definition, examples of tasks at this level include, but are not necessarily
restricted to, those currently performed by:
(b) Trainee
Operator
2. Able to
perform tasks at Level 1 if and when required.
Cover tasks requiring the setting up, operating and routine maintenance
of simple fixed and mobile machinery including quality control and keeping of
records. It also covers manual tasks
requiring responsibility for the quality of the finished work. Works under general supervision. Without limiting the definition, examples of
tasks at this level include, but are not necessarily restricted to, those
currently performed by:
Stacker and Fabricator
Stacker and Loader
Yardperson/Cleaner
Wax Room Operator
Unloader Operator
Knife Operator
Additive Attendant
Wall Hand
3. Able to
perform tasks at level 1 and 2 if and when required. Covers tasks required to assist a tradesperson, the use of hand
tools and mobile equipment. It also
covers the filling out and handling of necessary paperwork. It also covers security for entrance and
exit from the plant. Without limiting
the definition, examples of tasks at this level include, but are not
necessarily restricted to, those currently performed by:
Tradesperson Assistant
Engineer Storeperson
Trolley Driver
Gatekeeper
4. Able to
perform tasks at level 1, 2 and 3 if and when required. Covers tasks requiring the setting up, operating,
routine maintenance and quality control of fixed and mobile machinery of a more
complex nature than included at levels 2 and 3, and the responsibility for
operating such equipment. Works under
limited supervision. Without limiting
the definition, examples of tasks at this level include, but are not
necessarily restricted to, those currently performed by:
Mixer Operator
Fork Lift Driver
Dryer Operator
Front End Loader Driver
5. A Production
Operator with the following:
Fully competent in Levels 1, 2, 3 and 4.
Full working knowledge of all plant operations and
equipment in own department (including Shift Testing).
Knowledge of at least one other position in another
department.
Accepts responsibility for own work area and does not
have to be closely supervised to perform proper operation, housekeeping or
safety procedures.
Supervises the work of lower level employees in
conjunction with the Level 6 operator(s) and the STL (Shift Team Leader).
Able to start up and shut down the plant competently.
Ensure adherence to safety procedures.
Basic computer skills - eg MK8, Excel.
Communicates effectively with others to ensure all
plant and process issues are known by the relevant people.
Utilize the QMS system including initiation of CAR’s.
Demonstrates leadership through safety compliance,
timekeeping and attendance and involvement in employee inductions.
Or
A Warehouse Operator with the following:
Be able to competently perform Levels 1, 2, 3, &
4. Competently perform all warehouse
activities including:
House Lot Make-Up;
Operate forklift;
Wrap and Strap;
Use of sweeper;
Wedging;
Load Planning;
Product Knowledge;
Ensure compliance to safety procedures;
Responsible for organising labour;
Computer Skills, e.g. Stock Transfers Stock on Hand
Purchasing Stock take data entry;
Responsible for work area to perform proper operation,
housekeeping and safety procedures without supervision;
Directs the work of lower level employees in
conjunction with the Level 6 Operator and Warehouse Manager.
Or
A Reclaim Operator with the following:
Be able to competently perform Levels 1,2,3, & 4.
Ensure all reject board and HFI (Hold for Further
Inspection) is inspected and either reclaimed, cut for billets or disposed of
in accordance with site safety and quality standards.
Supervise reclaim crew and ensure all personnel work
within the bounds of the QA (Quality Assurance) System.
Fill-out necessary paperwork, ie Pink and Green Reclaim
/ Reject forms.
Accountable for timesheets in reclaim area.
Operate guillotine in a safe and productive manner.
Ensure housekeeping in the reclaim area is maintained
at a high standard.
Assist production as required in areas such as
receiving raw materials.
Manage site billet requirement.
Or
Following the commissioning of the Glebe Island
facility, Camellia will receive gypsum on a daily basis, with the trucks
tipping directly into the dump hopper.
As a result of this change, the site will have 1 day
work FEL Driver who will:
Be able to competently perform Levels 1,2,3, & 4.
Report to the Dayshift STL.
Liaise with the Plaster mill to ensure gypsum supply to
the mill is not interrupted.
Fill-out necessary paperwork, ie gypsum receipts,
recycler throughput etc.
Accountable for gypsum delivery dockets and enter
receipts into MK8.
Operate recycler in a safe and productive manner.
Ensure housekeeping in the gypsum receival area,
stockpile area, recycler area and plaster mill is maintained at a high standard.
Assist production as required in areas such as
receiving raw materials.
6. This level is
equivalent to the Tradesperson’s level and requires a full trades certificate
or its equivalent, including Tradespersons Rights Certificate. Tasks at this level cover installation,
maintenance, correct functioning of all mechanical and associated equipment
used in the operation and includes a machinist and fitter. Quality control includes that of all plant,
machinery, equipment and product. Works
under minimum supervision. Without
limiting the definition, examples of tasks at this level include, but are not
necessarily restricted to, those currently performed by:
Mechanical Tradesperson
Or
A Production Operator with the following:
Fully competent in Levels 1, 2, 3, 4 and 5.
Full working knowledge of all plant operations and
equipment in own department.
Working knowledge of plant operation in another
department.
Accepts full responsibility for the plant in which the
operator is working in the absence of a STL.
Assists in developing safety policy and procedures in
conjunction with others.
Intermediate computer skills eg MK8, Timesheets etc.
Demonstrated leadership ability including dispute
resolution.
Assisting in raw material and finished goods
stocktakes.
Assists in developing training plans in conjunction
with STL’s.
Ensures process is run in the most effective and
efficient manner possible.
Regularly communicates and feedbacks information to
STL’s and others on shift to enhance plant performance.
Assists in, and prepares for shift handover meetings.
Can initiate RFC’s (Request for change) to make process
changes.
Demonstrates leadership through safety compliance, timekeeping
and attendance and involvement in employee inductions.
Without limiting the definition, examples of tasks at
this level include, but are not necessarily restricted to, those currently
performed by the Senior Operator
A Calciner when operating the plant whilst the Board
Plant or Cornice Plant is unmanned will be paid for those shifts at level 6
rates. In the event that more than 1 Calciner is on site, the higher rate will
be paid to 1 (one) of the Calciners.
A Warehouse Operator with the following:
Be able to competently perform Levels 1, 2, 3, 4 &
5.
Have full working knowledge of all Distribution
operations and equipment.
Knowledge of all Order Office functions including the
ability to back up staff when required.
Accepts full responsibility for the warehouse in the
absence of the Warehouse Team Leader.
Assists in developing and ensures adherence to Safety
Policy and Procedures in conjunction with others.
Intermediate computer skills e.g.
Sales Order Entry
Maintain Deliveries
Receipt goods
Time Sheets
Run stock take in conjunction with Order Office Staff.
Responsible for productivity levels.
Demonstrate leadership, decision making and dispute
resolution skills.
7. Able to
perform tasks at level 6 if and when required.
Employees at this level require skills to fault find and diagnose
problems of specialised equipment as well as:
Provide leadership in the use of personal protective
equipment; timekeeping; safe work practices; apprentice training; support and
direction of contractors working on the Camellia site.
Record all jobs by:
Generated work order.
Work request.
Breakdown.
Capital works.
Job feedback:
All work carried out, parts used, time taken,
additional help received and follow up work required is to be filled in on all
work sheets.
Computer management Systems:
Work orders are to be closed off or post entered into
the MEX system (Computer maintenance database) is to be used for accessing
history or spare parts.
Training to be provided where necessary.
Inductions:
Involvement in the induction of Contractors.
A certificate or its equivalent for these specialities
is a requirement for this level.
Without limiting the definition, examples of tasks at this level
include, but are not necessarily restricted to, those currently performed by:
Mechanical Tradesperson Special Class
8. Able to
perform tasks at levels 6 and 7 if and when required. This level is equivalent to the electrical tradesperson’s level
and requires a full trades certificate or its equivalent. Tasks at this level cover installation,
maintenance, and correct functioning of all electrical and associated equipment
used in the operation as well as associated tasks and quality control including
that of all plant, machinery, equipment and product. Works under minimum supervision.
Without limiting the definition, examples of tasks at this level
include, but are not necessarily restricted to, those currently performed by:
Electrical Tradesperson
9. Able to
perform tasks at levels 7 and 8 if and when required. Employees at this level require skills to work with electronic
equipment as well as the fault finding and repairing of such equipment. A certificate of specialised training is a
requirement of this level. Without
limiting the definition, examples of tasks at this level include, but are not
necessarily restricted to, those currently performed by:
Electrician - Electronics and Instrumentation
(a) An employee
will only be classified and paid at a higher level of skill if the Company has
a vacancy at that level in accordance with the requirements of the Company in
limiting the number of employees in each skill level. However, once the employee has attained the necessary skills and
has been accredited and re-classified to a higher level, the employee will be
paid the rate for that classification regardless of the actual task carried out
in that Plant.
(b) Sub-Clause (b)
above will not apply in the case where an employee is transferred to a lower
skill level at the employee’s own request for
whatever reason.
(c) The rates
specified in Table 1 - Wages, of Part B Monetary Rates, include allowances for
dirty conditions associated with the work, Disability
Allowance and Tool Allowance.
(d) As agreed all
Warehouse and Production Leading Hands rates and Foremen's rates are now
included in the rates for the Levels. In the maintenance area, a foremen's rate
will be retained in recognition of the supervisory requirements of the position
when there are no staff on site. Accordingly, a Maintenance Foreman will
receive a loading of 12 %.
(e) An Electrician
required by the Company to utilise an Electrical Contractors Licence will be
paid an amount per week as set out in Item 1 of Table 2 - Other Rates and
Allowances of Part B, Monetary Rates for all purposes of the Award in addition
to the weekly rate. The annual costs of
all licence renewals will be met by the Company.
(f) The rates as
set out in Table 1 - Wages, of Part B - Monetary Rates, will apply in
recognition of further additional efficiencies and productivity improvements as
provided for in Clause 10 of this Award
(g) Relief Shift
Team Leader
From time to time, the needs of the business may lead to
the opportunity for a selected employee to be invited, by mutual agreement , to
carry out the duties of the Shift Team Leader. On such occasions, the employee
will be paid an allowance of 10 % of the employee’s current rate whilst
operating as a Shift Team Leader.
(i) Apprenticeship
rates of pay
|
1st year.
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42 percent of
appropriate classification
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|
2nd year
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55 per cent of
appropriate classification
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3rd year
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55 per cent of
appropriate classification
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4th year
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88 per cent of appropriate
classification
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7. Hours
(a) The weekly
total of ordinary hours will average 38 per week.
(b) These are to
be worked by employees accumulating credit for one rostered day off (RDO) in each
20 day work cycle, (8 hours being worked on each of the first 19 days) and the
RDO being taken by an agreed roster which accords with the needs of the
operation. This paragraph does not apply to Continuous Shift Workers.
(c) The Company
may substitute the day(s) an employee is to be rostered off duty for other time
in the case of a break-down in machinery or failure or shortage of electric
power or to meet the requirements of the business. If this occurs the Company and the employee will agree on a substitute
rostered day off.
(d) With mutual
agreement between the Company and employee, persons may substitute the days
they are rostered off duty for other days.
(e) Day Workers -
The ordinary hours are to be worked Monday to Friday
inclusive between the hours of 6.00am and 6.00pm or as otherwise mutually
agreed.
Wash up time will be allowed prior to the end of each
shift on a needs basis to a maximum eight minutes. Wash up time must be spent
washing up, and must not be taken as early completion of shift.
(f) Shift Workers
- General Provisions
(i) All shifts
shall be worked by employees in rotation except where otherwise agreed between
the Company and a majority of employees affected (eg, see Sub-Clause (v)).
(ii) Except at the
regular changeover of shifts, an employee shall not be required to work more
than one shift in each twenty-four hours.
(iii) Unless by
mutual agreement, forty-eight hours notice shall be given to an individual
employee when required to change place on a shift roster or seven days notice
to change from day work to shift work or vice versa, and in the absence of such
notice, overtime rates shall be paid for the unexpired portion of such
forty-eight hours.
(iv) The starting
and finishing times and rosters which apply to all employees and the company
shall not (unless by agreement of a majority of employees affected and the
company) be changed without the giving of seven (7) days notice. The times
agreed will be consistent across the Camellia site, with Cornice and Board
plant operating common shifts.
(v) Shift start
times will be 6:00am, 2:00pm, and 10:00pm unless varied in accordance with
clause 7 (f) (iv) above.
(vi) Where, in
accordance with paragraph (i) of this sub-clause arrangements have been agreed
by the Company and employee for the working of permanent shifts, the following
penalties shall apply:
|
Permanent Afternoon
Shift
|
17.5%
|
|
Permanent Night Shift
|
30%
|
These penalties are in substitution for and not cumulative
upon any other penalty payable for the working of shift work.
(g) Non-Continuous
Shift Workers
(i) The ordinary
working hours of the employees on a two-shift system shall not exceed an
average of thirty-eight hours per week and shall be worked Monday to Friday
inclusive.
(ii) The ordinary
working hours of employees on a three-shift system shall not exceed eight hours
per day.
(iii) Shift workers
shall be paid for work performed on a Friday night-shift as defined, at a minimum
of time and a half for the entire shift.
Such extra rate shall be in substitution for and not cumulative upon the
shift work allowance prescribed in Clause 8, Shift Work Allowance, and
Sub-Clause (f) paragraph (v) of this Clause.
(h) Continuous Shift
Workers
(i) Continuous
work means any work carried on with consecutive shifts of employees through the
twenty four hours of at least six consecutive days without interruption, except
during breakdowns or meal breaks, or due to unavoidable causes beyond the
control of the Company.
(ii) The ordinary
hours of such shift shall not exceed twelve on any day without the payment of
overtime, subject to a maximum shift length of 16 hours including
overtime. It is not the intention of
this clause to allow for the rostering of shifts of longer than 12 hours.
Employees may only be requested to work shifts of longer than 12 consecutive
hours in an emergency. The company will
use its best endeavours to minimise shifts longer than 12 hours duration. Hours
exceeding twelve on any day may be worked subject to:
proper health monitoring procedures being introduced;
suitable roster arrangement being made; and
proper supervision being provided.
(iii) Continuous
Shift Workers may accumulate an RDO depending on the shift pattern worked. The
weekly total of ordinary hours will average 38 per week over the shift pattern.
(i) Handover on
the Job
In order to ensure the continuous operation of
equipment and machinery, it is agreed that the outgoing and incoming shift
operators will communicate together on the status of the operation and will
handover the equipment and machinery.
(j) All employees
will "sign on" to site by use of the security swipe card reader
located adjacent to the canteen. The report generated from this system will
form the record for generation of employee pays.
(k) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time with appropriate notice. (ie. Notice to be given at the commencement of
the shift preceding the planned RDO).
(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 the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at
the enterprise of its intention to introduce an enterprise system of RDO
flexibility, and providing a reasonable
opportunity for the union(s) to participate in negotiations.
8. Shiftwork
Allowances
"Afternoon Shift" means any shift finishing after
6.00pm and at or before midnight.
"Night Shift" means any shift finishing subsequent
to midnight and at or before 8.00am.
(a) Non-Continuous
Shift
Employees working shift work shall be paid the
following shift work allowances as a loading on ordinary rates
|
(i) Afternon Shift
|
17.5%
|
|
|
|
|
(ii) Night Shift
|
20%
|
(b) Rotating Shift
Where an arrangement is in place for the working of a twelve-hour
shift system, these shifts shall be known as Day Shift and Night Shift. Changeover times for the shifts shall be by
agreement between the Company and the majority of the employees affected.
The following shift allowances will apply to twelve-hour
shifts:
|
(i) Day Shift
|
Nil
|
|
|
|
|
(ii) Night Shift
|
20%
|
9. Overtime
(a) Employees
shall work a reasonable amount of overtime when required.
(b) All time
worked before the normal rostered starting time or after the normal rostered finishing
time shall be paid for at the rate of time and one half for the first hour and
double time thereafter.
(c) Each day shall
stand alone and all overtime worked in a pay period shall be paid for not later
than the following pay day.
(d) Rest Period
after overtime: When overtime work is
worked it shall wherever reasonably practicable be so arranged that employees
have at least ten consecutive hours off duty between the work of successive
days.
An employee who works so much overtime between the termination
of their ordinary work on one day and the commencement of their ordinary work
on the next day that the employee has not had at least ten consecutive hours
off duty between those times shall, subject to this Sub-Clause, be released
after completion of such overtime until the employee has had ten consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
It is the employee’s responsibility to have the
required break but if on the instructions of the company such an employee
resumes or continues work without having had such ten consecutive hours off
duty the employee shall be paid at double rates until the employee is released
from duty for such period and shall then be entitled to be absent until the employee
has had ten consecutive hours off duty without loss of pay for ordinary working
time occurring during such absence.
The provisions of this Sub-Clause shall apply in the
case of shift workers as if eight hours were substituted for ten hours when overtime
is worked.
(e) Crib Breaks
(i) An employee
working overtime shall be allowed a crib time of twenty minutes without
deduction of pay after each four hours of overtime worked if the employee
continues work after such crib time.
(ii) Where the period
of overtime is more than two hours, an employee before starting overtime after
working ordinary hours, shall be allowed a meal break of twenty minutes
provided that the Company may vary this provision to meet the circumstances of
the work in hand and provided further that the Company shall not be required to
make payment in respect of any time allowed in excess of twenty minutes.
(f) Call Back
(i) An employee
recalled to work overtime after leaving the Company’s business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of four (4) hours work. Where
the employee has been paid for standing by in accordance with paragraph (ii) of
this Sub-Clause, the employee shall be paid for a minimum of three (3) hours work
at the overtime rate on each occasion the employee is recalled; provided that,
except in the case of unforeseen circumstances arising, the employee shall not
be required to work the full three or four hours, as the case may be, if the
job he was recalled to perform is completed within a shorter period. An
employee may be requested to carry out more than one repair whilst he is in
attendance of a call out without the direct identification of all repairs prior
to arriving on site.
This Sub-Clause shall not apply in cases where it is
customary for an employee to return to the Company’s premises to perform a
specific job outside ordinary working hours, or where the overtime is
continuous (subject to a reasonable meal break) with the completion or commencement
of ordinary working time.
Overtime worked in the circumstances specified in this
Sub-Clause shall not be regarded as overtime for the purpose of Sub-Clause (d)
of this Clause when the actual time worked is less than three (3) hours on such
recall or on each of such recalls.
An employee who is paid under this Clause shall not be
entitled to receive any payment under Sub-Clause (ii) with respect to such time
during which the employee has received payment under this Clause.
(ii) Subject to
any custom now prevailing under which an employee is required regularly to hold
himself in readiness for a call back, an employee required to hold himself in
readiness to work after ordinary hours shall, until released, be paid stand-by
time at ordinary rates from the time from which the employee is so to hold
himself/herself in readiness.
(iii) When an
employee is called back to work within the 10 hour break, a new 10 hours
continuous break will be applied without penalty from the time the call out
work is completed. If the employee is recalled after he has completed a
continuous 10 hour break, his normal starting time will apply. An employee who
attends a call out within 2 hours of the normal starting time will be expected
to remain at work to continue his normal day.
(iv) Time in lieu
for Maintenance weekend callouts
To assist maintenance employees in maximising time
available to spend with their families, whilst production is operating with a
continuous shift pattern, Maintenance callouts between 6pm Friday and 6am Saturday,
6pm Saturday and 6am Sunday, and in the period 6pm to 6am leading up to a
public holiday, will be compensated with the additional condition of time in
lieu for the time spent at the Camellia site working on the callout, plus one
hour.
ie: If the Tradesman is on site for 3 hours, they will
be entitled to 4 hours time in lieu
(against ordinary time hours).
This time can be banked up to a maximum of 8 hours, and
must be taken at a time mutually agreed with the employee’s manager.
It is agreed that maintenance employees will not be
replaced with temporary or other labour whilst taking such leave, unless the
company requires.
10. A Change in Time
Employees working on a shift at the time of the introduction
or deletion of a change in time will be paid for that shift as if there had
been no change to the number of regular ordinary hours worked if a change in
time had not occurred.
11. Training -
Efficiency - Productivity
(a) In order to
continue increased efficiency, productivity and international competitiveness
of industry, an ongoing commitment to training and skill development will be
adhered to in order to:
(i) further
develop a more highly skilled and flexible workforce and so provide for
continuous improvement of performance;
(ii) further
provide employees with career opportunities through appropriate training to
acquire additional skills; and
(iii) continue to
remove barriers to the utilisation of skills acquired.
(b) Key
performance indicators will be monitored to allow measurement of the progress
of the enterprise and where necessary corrective action taken.
(c) Following
proper consultation through the establishment of a training committee, or
through the Consultative Committee, the Company will develop a training program
consistent with the current and future skill needs of the enterprise. Employees will be expected to undertake
training as required, in order to meet these needs.
(i) The cost of
approved training on the job, or off the job during ordinary working hours,
will be borne by the Company and employees undertaking training will continue
to be paid at their classification level of skill. Any overtime period required by the Company as part of this
training will be paid at the rate set out in Clause 9 of this Award.
(ii) Where
employees undertake approved prescribed courses outside working hours, the cost
of standard fees, prescribed text books and travel costs in excess of those
incurred to and from work, will be reimbursed by the Company on satisfactory
completion of the course and after production of evidence of the expenditure.
(iii) Where an
employee is required to hold either a Class 1A or 1B licence pursuant to the
provisions of the Security Industry Act, 1997, such employee shall have
the cost of such licence reimbursed by the Company on completion of each twelve
months’ service on production by the employee of the original receipt issued by
the New South Wales Police Department.
(d) In order to
assist the productivity of the enterprise restrictive provisions will be
reviewed on an ongoing basis.
(e) No employee
will be required to undertake any task for which that employee has not been
trained and is not competent to perform.
12. Holidays
(a) The following days
shall be observed as holidays.
New Year’s Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day
and Boxing Day, together with all other days proclaimed as public holidays for
the State and the picnic day which shall be held on the first Monday in August
each year.
As a means of ensuring customer requirements are met,
the options available to employees for working on designated holidays (as
specified above) are:
Paid time and one half for 8 hours only plus a day in
lieu.
Paid double time and one half
Day off work paid as ordinary time
When Anzac Day falls on a Saturday or a Sunday such
holiday shall be observed on the following Monday.
All holidays under this Award falling on the usual
working day shall be counted as time worked and shall be paid for as such.
(b) In the event
of an employee’s rostered day(s) off duty, pursuant to Clause 7 - Hours,
falling on public holiday(s) the Company and the employee shall agree to
alternative day(s) off duty in the week preceding or following the said week as
a substitution. In the absence of
agreement the substituted day shall be determined by the Company.
(c) Where a
holiday occurs on the rostered day off of a continuous shift worker, other than
a rostered day given pursuant to the provisions of Clause 7 - Hours and:
(i) such employee
is not required to work on that day, the Company shall pay such employee
ordinary pay in respect of such day;
(ii) such employee
is required to work on that day the Company shall pay such employee double time
and one half for all time so worked (with a minimum payment of four hours).
(d) Where the
employment of a continuous shift worker has been terminated and such employee
thereby becomes entitled under Section 4 of the Annual Holidays Act,
1944, to payment in lieu of an annual holiday, with respect to the period of
employment, the employee shall be entitled also to an additional payment for
each day accrued under this Clause, at the appropriate ordinary rate of pay, if
payment has not already been made in accordance with Sub-Clause (c) of this
Clause.
13. Saturday, Sunday
Or Holiday Work
(a) Sunday or
Holiday Work (non-Continuous Shift Worker):
All time worked on Sundays shall be paid for at the rate of double time
and on holidays shall be paid for at the rate of double time and one half,
provided that time worked by a shift worker between the usual starting time of
a shift and midnight on any Sunday or Holiday shall not be deemed to be time
worked on a Sunday or a holiday.
(b) Saturday and
Sunday work during Ordinary Hours (Continuous Shift Workers). Employees required to work their ordinary hours on a
Saturday, Sunday or a holiday shall be paid for time so worked at the following
rates:
|
Saturday work
|
time and one half
|
|
Sunday work
|
double time
|
|
Holiday work
|
double time and one
half
|
(c) The allowance prescribed
in this Clause shall be in substitution for and not cumulative upon the shift
work allowance prescribed in Clause 8 - Shift Work Allowances, and Clause 7
(f)(v) of this Award. For the purpose
of this Clause the rates prescribed shall apply in respect of ordinary hours
worked only; provided further that where the major portion of a shift is worked
on a Sunday or a holiday, as the case may be, it shall be paid for as such.
14. Meals
(a) Day workers
will be allowed an unpaid meal break of not less than 30 minutes nor more than
1 hour no later than 5 hours after the commencement of work. Employees shall take breaks in relays when
requested so as not to disrupt continuity of operation.
(b) Except as
provided in Sub-Clause (c), overtime rates shall be paid for all work done
during meal times and thereafter until a meal break is allowed.
(c) Subject to the
provisions of Sub-Clause (a) an employee shall work during meal breaks at the ordinary
rates prescribed in this Award whenever instructed to do so for the purpose of
making good breakdowns of plant or upon routine maintenance of plant which can
only be done while such plant is idle.
(d) Any employee
called upon to work during the ordinary meal break in case of emergency shall
be allowed a meal break immediately a relief is available.
(e) In the event
of any employee being allowed a period of less than thirty minutes for the
purpose of having a meal no deduction shall be made for time so spent by the
employee in having a meal.
(f) Shift workers
shall be allowed for each shift a crib break of twenty minutes which shall be
counted as time worked. If requested by
the Company, employees will take their cribs in relays so as to avoid stoppage
of work.
(g) Any employee
who works in excess of five (5) hours without provision of a meal break, shall
be paid overtime rates until such break is available.
15. Meal Allowance
An employee required to work overtime in excess of one hour
on any day shall be paid an amount as set out in Item 2 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates, for the first meal and if
required to work four hours or more overtime shall be paid a further amount as
set out in Item 2 for the subsequent meal and a further amount as set out in
Item 2 for each additional four hours of overtime worked.
16. Protective
Clothing
(a) Where
necessary employees will be supplied by the Company with respirators.
(b) Employees
required to work in wet conditions will be provided with suitable rainproof
covering and gum boots.
(c) The Company
will supply each employee with two pairs of trousers and shirts or two pairs of
overalls per annum, one jacket every 2 years or, in the case of maintenance
employees when unserviceable, and safety footwear as required. In the case of
new employees, the initial annual issue will be four pairs of trousers and
shirts or four pairs of overalls.
(d) Laundering of
such clothing as may reasonably be required will be undertaken by the employee
who will be paid the sum as set out in
Item 3 of Table 2 -Other Rates and Allowances, of Part B, Monetary
Rates, per week as a laundry allowance.
(e) An employee
will take all reasonable care of clothing supplied, and such clothing will
remain the property of the Company and will be returned to the Company on
termination of employment, and if not returned then the Company will be
entitled to deduct from any monies due to the employee the replacement value of
the clothing not returned after allowing for fair wear and tear. The employee will be liable for wilful
damage to or loss of such clothing.
(f) If the
employee wilfully damages or fails to return such clothing supplied, the
Company may recover from the employee concerned the value of such clothing so
damaged or not so returned at a reasonable price allowing for fair wear and
tear, or may deduct such price from any monies payable to such employee.
(g) Protective
clothing supplied pursuant to this Clause will remain the property of the
Company.
17. Personal Carer’s
Leave
(a) Use of Sick
Leave
(i) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (2) of paragraph (iii), 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, provided for in Clause 19, Sick
Leave, 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.
(ii) 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.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care of the person concerned; and
(2) 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 factor 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 the 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.
(iv) An employee shall,
wherever practicable, give the employer notice prior to the absence of the
intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(b) Unpaid Leave
for Family Purpose
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 (2) of paragraph (iii) of
subclause (a) who is ill.
(c) Use of Annual
Leave
(i) 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.
(ii) Access to annual
leave, as prescribed in paragraph (i) of this subclause, shall be exclusive of
any shutdown period provided for elsewhere under this award.
(iii) 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.
(d) Use of Time
Off in Lieu of Payment for Overtime
(i) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(ii) Overtime
taken as time off during ordinary time hours shall be taken at the ordinary
time rate, that is an hour for each hour worked.
(iii) If, having
elected to take time as leave in accordance with paragraph (i) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(iv) Where no
election is made in accordance with the said paragraph (i), the employee shall
be paid overtime rates in accordance with the award.
(e) Use of Make-Up
Time
(i) 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.
(ii) An employee
on shift work 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.
(f) Use of
Rostered Days Off
(i) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(ii) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(iii) 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 the employer.
(iv) This subclause
is subject to the employer informing each union which is both party to the
award and which 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(s) to participate in negotiations.
18. Annual Leave
(a) Employees will
be entitled to holidays in accordance with the Annual Holidays Act
1944. The period of leave shall be
inclusive of rostered time.
(b) Payment for
the period of annual leave taken by employees shall be at the ordinary weekly
rate plus 22.5%.
(c) Where the
employment of an employee is terminated and thereby becomes entitled to payment
in lieu of an annual holiday, the employee shall be entitled to payment on a
pro-rata basis to that prescribed in Sub-Clause (b).
(d) Continuous
Shift Workers
In addition to the annual holiday prescribed in
Sub-Clause (a) of this Clause, a continuous shift worker shall be entitled to a
choice of the following in recognition of the working of continuous shifts:
(i) An additional
40 hours annual leave credited to the Employees annual leave balance; or,
(ii) Thirty eight
hours pay.
(iii) Payment for
each hour in accordance with (i) and (ii) above will be made at one thirty eighth
of the weekly rate plus 22.5%.
(iv) Payment in
accordance with (i) and (ii) above will be made in the first pay period in
December each year.
(v) Employees who
have an entitlement under this Sub-Clause who have less than one year’s
continuous service as a continuous shift worker will receive that entitlement
on a pro-rata basis.
(e) Annual leave
will be taken into consideration when calculating service in relation to
determining rostered time off entitlements.
19. Sick Leave
(a) An employee with
not less than three month’s continuous service who does not attend for duty by
reason of personal ill-health or accident will be allowed payment at the
ordinary rates applying to their particular classification level as set out in
Clause 6, for the actual time of such non-attendance.
(b) Employees are
expected to notify their Team Leader / Senior Operator of an intended absence
prior to commencement of normal rostered shift and shall do so where
practicable.
(c) An employee,
if required, shall provide evidence, satisfactory to the Company, of inability
to attend work.
(d) Employees
shall be entitled to payment for up to eighty (80) hours per year (on the basis
of 8 hours for each day a shift worker would have been on shift or, in the case
of day workers, either on shift or during a public holiday).
(e) Sick leave
allowable under this Clause may accumulate, subject to continuous employment,
from year to year and may be claimed upon as the occasion warrants.
(f) Where an
employee is ill or incapacitated, within the meaning of this Clause, on
rostered days off or at other times when off duty other than for authorised
absences, that employee shall not be entitled to sick pay for those occasions.
20. First Aid
Allowance
Where an employee is appointed by the Company to perform
first aid duty, then such employee shall be paid an amount per day as set out
in Item 4 of Table 2 -Other Rates and Allowances, of Part B, Monetary Rates, in
addition to the ordinary rate of pay for 8 hour shifts.
21. Payment of Wages
(a) All wages,
overtime and allowances shall be paid by way of Electronic Funds Transfer with
an annual payment as set out in Item 6 of table 2 - Other rates and allowances of
Part B, Monetary Rates to compensate for Government and bank charges. Such
money to be payable in the first full pay period on or after the first day of
July each year.
The meal allowance will also be paid by Electronic
Funds Transfer each week separately to other payments if required and where
possible.
Where a separate account is used for meal allowance
payments, an annual payment as set by Item 6 in Table 2 will apply. An initial
payment of $70 will be made to assist in transition to the EFT system.
(b) All wages and
overtime shall be paid weekly on Thursday and shall be made up to and including
the preceding Tuesday. (c) Waiting Time
(i) If an
employee does not receive any payment of the wages that he is entitled to by
5:00 pm on Pay day and the payment is not received because of an error or fault
of the company and provided that the Company is notified immediately in
writing, then the Company will pay the employee waiting time at the rate of
$150 for each full calendar day which elapses until the error is corrected.
Waiting time will accrue from 5:00 pm on Pay Day or from when the company is
notified of the error whichever is the latter.
(ii) If the
employee only receives part of the payment of the wages that he is entitled to
receive by 5:00 pm on Pay Day and the payment is not received because of an
error or fault of the Company and provided that the Company is notified
immediately:
(a) If the error
is for more than $100 Gross, the company has one (1) working day (24 hours)
from 5:00 pm on Pay Day to remedy the fault by paying the employee the amount
owing to the employee otherwise waiting time will commence to accrue from 5:00
pm on the next working day after pay day or 24 hours from when the company has
been notified, whichever is the latter, until the error in wages is paid by the
company.
(b) If the error is
for less than $100 gross the company will remedy the problem as soon as
practical and no waiting time is payable.
(iii) For the
purpose of this clause:
(a) An error of
the company will not include an error made by the Bank, Financial or the EFT
network;
(b) Pay Day is the
day upon which the company is required to pay the employees their wages in
accordance with the Award (currently
Wednesday)
(c) Notification
means that the affected employee must notify his supervisor or one manager up
of the discrepancy as soon as possible on the Pay Day so that rectification can
proceed. The Company is deemed to be notified only when one Team Leader or the
Manager has been told of the problem by the affected employee, and the
appropriate notification form has been signed and dated by the employee and
manager.
(d) Wages means
normal time earnings, overtime earnings and allowances.
(e) Higher duties.
An employee engaged for 4 or more hours on duties
carrying a higher rate than his or her present classification, shall be paid
the higher rate for time worked at the higher level; if less than 4 hours, he
or she shall be paid at the rate for their present classification.
22. Counselling and
Disciplinary Procedure
(a) Supervisors
and Managers will counsel employees in regard to minor instances of
unacceptable behaviour rather than allow them to go unchecked until
disciplinary action is needed.
(b) When disciplinary
action is needed, the following procedure will be used:
(i) As soon as a
Supervisor becomes aware of a situation or circumstance possibly requiring
disciplinary action, the Supervisor will notify the immediate superior who will
ensure that the Site Manager is promptly advised.
(ii) The Site
Manager will have the matter investigated as soon as practicable after
receiving the advice.
(iii) Should the
Site Manager decide that disciplinary action is required then the employee will
be interviewed in the presence of the Union Delegate or a representative
requested by the employee.
(iv) The Site
Manager will make the employee fully aware of the reasons when disciplinary
action is proposed and will give the employee an opportunity to explain the
behaviour.
(v) If the Site
Manager decides to take disciplinary action then the employee will be given a
first warning in writing in the presence of the Union Delegate or the
employee’s representative. A copy of
the warning will be placed on the employee’s file.
(vi) If further
disciplinary action in respect to the same employee is taken by the Site
Manager then a second and final warning will be given in writing in the
presence of the Union Delegate or his/her representative and a copy placed on
the employee’s file.
(vii) If further
disciplinary action is needed in respect to the same employee then the employee
may be formally terminated in the presence of the Union Delegate or the
employee’s representative.
(viii) Written
warnings held on employees’ files will lapse and may not be used for further
disciplinary action after a period of twelve (12) months.
(ix) If the Site
Manager decides that serious misconduct has occurred then a Union Organiser
will be advised by telephone and given the opportunity to attend when
disciplinary action is being advised to the employee. Such action may exclude the above procedure and include immediate
suspension for a period of 24 hours to allow the Union Organiser time to review. However, the Company will in no way be
prejudiced in any subsequent proceedings before the Commission as a result of
having suspended rather than immediately summarily dismissing as provided in
Clause 24 of this Award.
23. Introduction of
Change
(a) If the Company
should make a definite decision to introduce major changes in production,
program, organisation, structure, manning reductions, or technology which are
likely to have a significant effect on employees, then the matter will be
brought to the attention of the Union/s together with all relevant information.
All employees will be consulted on the changes.
(b) Where roster
requirements are required to increase production capacity to meet market
changes, the Company will consult with the employees and the union on these
changes.
(c) Discussions
will take place between the Union/s and the Management with a view to
mitigating the effects of the changes on employees and to enable consideration
of matters raised by employees.
(d) During the
currency of this Agreement, should major changes in work practices/rosters
provide substantial benefits, then consideration will be given to the
conditions surrounding the change.
24. Conditions of
Employment
(a) In order to
terminate the employment of an employee the employer must give to the employee
the following notice:
|
Employees
Period of Continuous Service with the employee
|
|
|
Not
more than 1 year
|
1
week
|
|
More
than 1 year but not more than 3 years
|
2
weeks
|
|
More
than 3 years but not more than 5 years
|
3
weeks
|
|
More
than 5 years
|
4
weeks
|
(b) In addition to
the notice in (a), employees over 45 years of age at the time of giving of the
notice with not less than 2 years service are entitled to an additional weeks
notice.
(c) Payment in lieu
of the notice prescribed in (a) and (b) must be made if the appropriate notice
period is not given. Provided that employment may be terminated by part of the
period of notice and specified and part payment in lieu thereof.
(d) The notice of
termination required to be given by an employee shall be one week. If an
employee fails to give notice, the employer has the right to withhold moneys
due to the employee to a maximum amount equal to the ordinary time rate of pay
for the period of notice less than one week not given.
(e) Provided that
the employer may dismiss any employee at any time for misconduct or wilful
disobedience and shall be liable to payment up to the time of dismissal only.
(f) On the
termination of the employment, the Company shall, at the request of the
employee, give the employee a statement signed by the Company, stating the
class of work on which the employee was employed, the period of employment and
when the employment was terminated.
(g) Notwithstanding
anything contained in this Award the Company may deduct payment for any day or
portion thereof upon which the employee cannot be usefully employed because of
the shortage of or failure in supplies of materials, including fuel and power,
for which the Company cannot reasonably be held responsible but such employee
shall, in each case, be entitled to terminate employment by giving one day’s
notice.
Any such stand-down shall not affect an employee’s
continuity of service.
(h) A new employee
will serve a probationary period of twenty-eight days, during such period being
subject to termination of employment by a day’s notice given either by the
Company or the employee. An employee
classified at level 1 of Clause 6 will normally be terminated if the employee
has not progressed to at least level 2.
(i) Notwithstanding
the provisions of sub-clauses (a) and (d) of this Clause and Clause 25 -
Redundancy, where the Company has made a definite decision to introduce major
changes in production, program, organisation, structure or technology that are
likely to have significant effects such as the composition, operation or size
of the employer’s workforce, termination of employment of employees,
restructuring and/or retraining and/or transfer of jobs, the Company shall give
the affected employees and the relevant Union to which they belong three months
notice of such change.
(j) In the case
of termination of employment of an employee, in addition to the entitlement due
and payable under the Annual Holidays Act 1944 and Long Service Leave
Act 1955 such employee shall be entitled to payment for that period of
rostered time off to which he has become entitled. For the purpose of calculation this Sub-Clause shall refer to
that period of leave which the employee would have become entitled to under the
relevant Act at the date of termination had employment not terminated.
(k)
(i) The Company
may direct an employee to carry out such duties as are within the limits of the
employee’s skill, competence and training consistent with the classification
structure of this Award provided that such duties are not designed to promote
de-skilling.
(ii) The Company
may direct an employee to carry out duties and use such Company tools and
equipment as may be required provided that the employee has been properly
trained in the use of such tools and equipment.
(iii) Any direction
issued by the Company pursuant to paragraphs (i) and (ii) shall be consistent
with the Company’s responsibility to provide a safe and healthy working
environment.
(l) Transfers
All site employees will be given the opportunity to
apply for any vacant positions on the Camellia Manufacturing site covered by
this award, and will be considered on their merit alongside external
candidates.
25. Redundancy
When an employee becomes redundant for any reason, the
following scale of payments will be made and the following procedure will be
adhered to:
(a) Four (4) weeks
pay in lieu of notice.
(b) Three (3)
weeks’ pay per year of service to a maximum of sixty (60) weeks. Pro-rata for incomplete years. Payments are based on average wages but will not include overtime
provisions.
(c) Time off for
job interviews will be given to employees, such time to be pre-arranged with the
Company and at the discretion of the Company.
The Company will not unreasonably withhold permission for time off but
should a dispute occur, then the matter will be discussed between the Company
and a representative of the employee.
(d) Financial advice
will be made available from an external consultant, the acceptance of advice
being the responsibility of the employee, with the Company being indemnified
against any malpractice of the consultant or monetary losses of investment as a
result of poor or improper advice or practice provided to the employee by the
consultant.
(e) The Company
will arrange for Centrelink (or other job placement provider agreed to between
the Unions and the company) personnel to visit the site to interview those
personnel affected. In the event such personnel are unable to attend the site,
affected employees will be given the appropriate time off without loss of pay
to attend such interview.
(f) Long Service
Leave payments will be made to redundant employees on a pro rata basis
applicable from the date the employee first commenced employment with the
Company.
(g) Four (4) weeks
notice by the Company of intended redundancies.
(h) All things
being equal, those employees who are made redundant by the Company
involuntarily, will be given preference of employment for any positions which
may become available for a period of two (2) years with the proviso that they
must be suitably qualified and competent to carry out the work. Such employees will provide current
addresses and telephone details to the Company during such period.
26. Bereavement Leave
(a) An employee
other than a casual employee shall be entitled to up to 3 days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in (c) below.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in sub-clause 17 (a)
(iii), provided that for the purpose of bereavement leave, the employee need
not have been responsible for the care of the person concerned.
(d) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(e) Bereavement
leave may be taken in conjunction with leave available under sub-clauses (b),
(c), (d), (e) and (f) of Clause 17. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
(f) Depending on
individual circumstances and with prior approval of the employer, the period of
bereavement leave may be extended.
27. Jury Service
An employee required to attend for jury service during
ordinary working hours will be reimbursed by the Company an amount equal to the
difference between the amount paid in respect of attendance for such jury
service and the amount of wage the employee would have received in respect of
the ordinary time the employee would have worked had the employee not been on
jury service. An employee shall notify
the Company as soon as possible of the date upon which the employee is required
to attend for jury service. Further,
the employee shall give the Company proof of attendance and the amount received
in respect of such jury service.
28. Disputes
Procedure (the Company and Employees)
The following procedure will be followed in connection with
questions, disputes or difficulties concerning the interpretation, application
or operation of this Award:
(a) The employees
concerned will discuss the matter with the immediate supervisor or, in the
absence of the supervisor, the next available manager.
(b) If the matter
is not resolved within 3 days it will be brought to the attention of the Works
Manager (or the manager’s designate) who will discuss the matter further in an
attempt to answer the question(s) to the satisfaction of the employees
concerned.
(c) If the matter
is not resolved within a further 4 days it will be brought to the attention of
the General Manager (or the manager’s designate) who will discuss the matter
further in an attempt to answer the question(s) to the satisfaction of the
employees concerned.
If the matter has not been resolved at the conclusion
of the discussions within a further 7 days the General Manager (or the manager’s
designate) who will provide a response in writing to the matter raised,
including reasons for not implementing any proposed remedy.
(d) If the matter
remains unresolved it will be referred to the Industrial Relations Commission
of New South Wales for decision.
(e) The employees
may be represented by the Unions (parties to this Agreement) at each stage of
the procedure.
(f) While the
above procedures are being followed all work will continue normally. If there is a bona fide risk to the safety
of employees they will be moved to another part of the Plant where there is no
risk.
(g) All employees
and parties to this Award are to be made familiar with this disputes procedure
and are to give an undertaking to observe it.
29. Grievance Procedure
(Individual Employees)
The following procedure will be followed in respect to an
individual employee for the settlement of any grievance which may arise over
the Company’s action that disadvantages any such employee and that relates:
(i) to a question,
dispute or difficulty concerning the interpretation, application or operation
of this Award; or
(ii) to alleged
discrimination in employment within the meaning of the Anti-Discrimination
Act 1977.
(a) The employee
will notify (in writing or otherwise) the immediate supervisor (or, in the
absence of the supervisor, the next available manager) the substance of the
grievance, request a meeting with the supervisor (or aforementioned manager)
for bilateral discussions, and state the remedy sought.
(b) If the
grievance is not settled within 3 days it will be brought to the attention of
the Works Manager (or the manager’s designate) who will hold further bilateral
discussions in an attempt to settle it.
(c) If the
grievance is not settled within a further 4 days it will be bought to the
attention of the General Manager (or that manager’s designate) who will hold
further bilateral discussions in an attempt to settle it.
If the matter has not been resolved at the conclusion
of the discussions within a further 7 days the General Manager (or the
manager’s designate) will provide a response in writing to the matter raised,
including reasons for not implementing any proposed remedy.
(d) If the
grievance is not settled the employee concerned may seek leave from the
Industrial Relations Commission of New South Wales to have the matter resolved
in the Commission.
(e) The employee
may be represented by the appropriate Union (party to this Agreement).
(f) While the
above procedures are being followed all work will continue normally. If there is a bona fide risk to the safety
of the employee, that employee will be moved to another part of the Plant where
there is no risk.
(g) All employees
and parties to this Award are to be made familiar with this grievance procedure
and are to give an undertaking to observe it.
30. Theft of Tools
An employee who is a tradesperson and who supplied their own
tools shall be reimbursed up to an amount as set out in Item 7 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates, if those tools are
stolen from the Company’s premises provided that the employee has exercised due
care in securing those tools.
31. State Wage Case
Decisions
The rates of pay in Table 1 of this Award are in
contemplation of any determination of the Industrial Relations Commission of
New South Wales made in any State Wage Case Decision occurring during the term
of this Award. As such, there shall be
no wage increase to rates of pay contained in this award arising out of any
such determination.
32. Union Notice
Board
A Union delegate may place on the notice board any notice on
Union business signed (or countersigned) by the delegate.
33. No Precedent
This consent Award has been negotiated between the parties to
meet the unique and specific circumstances of the Company’s Camellia
operations. It has no application
beyond that operation and is recognised by the parties as being of no precedent
value in any proceedings other than those relating to the Camellia operations.
34. Shop Stewards
(a) An employee
appointed shop steward in the shop or department in which the steward is
employed shall, upon notification thereof to the Company, be recognised as the
accredited representative of the Union to which the steward belongs. An accredited shop steward shall be allowed
the necessary time during working hours to interview the appropriate manager of
the Company, or the manager’s representative, on matters affecting employees whom
the steward represents.
(b) Subject to the
prior approval of the Company an accredited shop steward shall be allowed, at a
place designated by the Company, a reasonable period of time during working
hours, to interview a duly accredited Union official of the Union to which the
steward belongs, on legitimate Union business.
35. Casuals
The Company will employ casuals on a needs basis.
It is not the Company's intention to replace long term
permanent employees with casuals however it is recognised that short term peak
(less than 6 months) requirements, replacement of labour on lengthy absence,
etc. necessitate the need for casual employees.
In general, the Company will not:
Employ a specific person in a casual situation for
longer than 6 months.
Employ more than 10% of the workforce in casual
positions
Requests for periods greater than 6 months will be
evaluated through consultation with the Consultative Committee, with 3 monthly
reviews for casuals who have been employed for greater than 6 months.
Casual labour employed at the Enterprise will be paid
at the rates as set out in Part B, Monetary Rates in addition to the standard
industry premium for non permanent employees.
36. Key Performance
Indicators
Boral Plasterboard Camellia must lift its performance relative
to our other Australian plants and Competitors in order to deliver employment
security and ongoing sustainability of the Camellia business. Internal and
external benchmarking will be used as an indicator of desired improvements.
Additionally, this will be supplemented by any external measures that are found
to be appropriate such as the TRACC program.
Processes have been put in place to drive our performance
toward Best Practice. Ongoing investigations will be used to identify further
improvement processes capable of assisting in the delivery of the desired
improvements. Delivery of this improvement will be quantified through the use
of KPI’s to support delivered performance improvement.
In return for delivered sustainable improvement, a performance
bonus will be paid at the 12th and 24th month of this agreement dependent on
delivery of the KPIs agreed to by the parties.
37. Leave Reserved
The parties have agreed to introduce a Salary Sacrifice
Arrangement (SSA) during the term of this Award. The SSA will permit an
employee to direct part of his or her wage to a superannuation fund. The
parties agree that if the terms of a proposed SSA is agreed by all of the
parties, either of them may make an application to the Commission to insert a
clause in the award."
38. Area, Incidence
and Duration
This Award rescinds and replaces the Boral Australian Gypsum
Camellia Consent Enterprise (State) Award 2002 published 20 September 2002 (336
IG 378) and all variations thereof.
It shall apply to all classes of persons provided herein
within the jurisdiction of the Plaster of Paris Conciliation Committee and
shall include metal and electrical trades-persons.
The Award shall take effect from the first full pay period
to commence on or after 2 April 2004 and shall remain in force until 1 March
2006.
PART B
Monetary Rates
Table 1 - Wage
Rates
|
Level
|
Effective FFPP
01/03/2004
|
Effective FFPP
01/03/2005
|
|
|
(4.0%)
|
(4.0%)
|
|
|
$
|
$
|
|
Level 1
|
652.60
|
678.70
|
|
Level 2
|
686.85
|
714.33
|
|
Level 3
|
700.79
|
728.82
|
|
Level 4
|
748.98
|
778.93
|
|
Level 5
|
807.35
|
839.64
|
|
Level 6
|
869.43
|
904.20
|
|
Level 7
|
896.46
|
932.32
|
|
Level 8
|
926.64
|
963.70
|
|
Level 9
|
1016.87
|
1057.54
|
Additionally, a bonus payment will be paid on attainment of
KPI’s as follows :
01/03/2005 - Potential 1.0% of gross earnings in the period
01/03/2004 to 28/02/2005 pro rata on attainment of KPI’s.
01/03/2006 - Potential 1.0% of gross earnings in the period
01/03/2005 to 28/02/2006 pro rata on attainment of KPI’s.
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Brief Description
|
Amount
|
Amount
|
|
No.
|
No.
|
|
Eff. 01/03/04
|
Eff. 01/03/05
|
|
|
|
|
$
|
$
|
|
1
|
5(e)
|
Electrician utilising an Electrical
|
71.85per week
|
74.73 per week
|
|
|
|
Contractor’s Licence
|
|
|
|
2
|
14
|
Meal allowance
|
7.59
|
7.90
|
|
3
|
15(c)
|
Laundry allowance
|
5.84 per week
|
6.07 per week
|
|
4
|
19
|
First-aid allowance per hour
|
0.48 per hour
|
0.50 per hour
|
|
5
|
20(a)
|
Annual payment compensating for
|
34.71 per annum
|
36.10 per annum
|
|
|
|
government bank charges
|
|
|
|
6
|
28
|
Stolen tools reimbursement
|
Up to 441.49
|
Up to 459.16
|
P. J. STAUNTON J.
____________________
Printed by
the authority of the Industrial Registrar.