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NALCO AUSTRALIA PTY LTD ENTERPRISE AWARD 2004
  
Date08/27/2004
Volume346
Part2
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C2950
CategoryAward
Award Code 994  
Date Posted08/26/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(994)

SERIAL C2950

 

NALCO AUSTRALIA PTY LTD ENTERPRISE AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Nalco Australia Pty Ltd.

 

(No. IRC 1668 and 3312  of 2004)

 

Before Mr Deputy President Sams

1 July 2004

 

AWARD

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

1.         Parties to the Award

2.         Relationship to Parent Award

3.         Performance Measures

4.         Area, Incidence & Duration of Award

5.         Settlement of Grievances and Claims

6.         Contract of Employment

7.         Casual Employment

8.         Hours of Work

9.         Working of 38 Hour Week

10.       Shift Work

11.       Late Meal Break

12.       Overtime

13.       Meal Allowance

14.       Annual Leave Loading

15.       Sick Leave

16.       Personal/Carer’s Leave

17.       Paternal Leave

18.       Bereavement Leave

19.       Anti Discrimination & Harassment

20.       Payment of Wages

21.       Jury Service

22        Redundancy

23.       Termination by Dismissal

24.       Superannuation

25.       Unions/Employee Bodies

26.       No Extra Claims

27.       Quality

28.       Safety & Environment

29.       Consultative Committee(s)

30.       Wages Rates and Allowances

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

Table 2 - Other Rates and Allowances

 

Appendix 1

 

PART A

 

1.  Parties to the Award

 

This award shall cover and be binding upon:

 

(a)        The employees of the Company engaged within the classifications of the parent awards identified.

 

(b)        The employer - Nalco Australia Pty. Ltd.

 

(c)        The Australian Workers' Union, New South Wales.

 

2.  Relationship to Parent Award

 

The Award is to read in conjunction with the terms and conditions of the Chemical Workers (State) Award and the Metal, Engineering and Associated Industries (State) Award except that where an inconsistency occurs between this award and the aforementioned awards, the terms and conditions of this award to the extent of the inconsistency shall prevail.

 

3.  Performance Measures

 

Appendix 1 details the performance measures that are an integral part of this award.

 

4.  Area, Incidence & Duration of Award

 

This award shall apply to employees of Nalco Australia Pty Ltd employed in classifications outlined in the Chemical Workers (State) Award and the Metal, Engineering and Associated Industries (State) Award.

 

This award rescinds and replaces the Nalco Australia Pty Limited (Reviewed) Award 2001, published 7 December 2001 (330 IG 70) and shall take effect from the first full pay period to commence on or after 1 July 2004 and shall remain in force thereafter until 1 July 2005.

 

5.  Settlement of Grievances and Claims

 

The principle of conciliation by direct negotiation shall be adopted for the purpose of the prevention and settlement of any industrial dispute that may arise between the employees and the employer. Any dispute or claim shall be dealt with in the following manner:

 

(a)        The matter shall be submitted by the accredited representative of the employees to the Industrial Officer or other appropriate representative of the employer.

 

(b)        If agreement has not been reached the matter may be discussed between the Chief Executive Officer or his/her representative and representative employees.

 

(c)        In the event of discussion failing to prevent or settle the dispute the Industrial Registrar shall be advised and requested to arrange for conference appointed under the terms section 132 of the Industrial Relations Act 1996 (N.S.W.) to consider the matter.  If the grievance is unable to be conciliated, the issue is to be resolved pursuant to section 135 of the Industrial Relations Act 1996 (NSW).

 

(d)        Work is to continue while the discussions (a) to (c) are in progress.

 

This procedure shall not limit either parties' rights to commence legal proceedings at any time in relation to a grievance.

 

6.  Contract of Employment

 

All employees shall be deemed to be paid by the week with the exception of employees employed expressly as casual employees.

 

A period of 3 months shall be observed as an initial probationary period of on the job training for each employee.  During that period regular assessments will be made in conjunction with the employee, his/her immediate supervisor and the employee representative.

 

Except in cases of redundancy and gross misconduct the period of notice required to terminate the employment contract will be that specified in the parent award.

 

7.  Casual Employment

 

(a)        A casual employee is one engaged and paid as such.  A casual employee for working ordinary time shall be paid per hour one thirty-eighth of the weekly rate prescribed by this agreement for the work performed plus 20%.  The 20% casual loading is in lieu of sick leave, annual leave and annual leave loading.

 

(b)        Hourly overtime rates for casual employees are to be paid at the rate applying to permanent employees.

 

8.  Hours of Work

 

(a)        the Ordinary Hours of Work Shall be an Average of 38 Hours Per Week, to be Worked on the Basis of 152 Hours Within a Work Cycle Not Exceeding Twenty-Eight Consecutive Days.

 

(b)        Thirty-Eight Hours Shall Constitute a Week's Work on Day Work Such Hours to be Worked in Five Days, Monday to Friday Inclusive and Unless Mutually Agreed Upon the Time of Commencing a Meal Break Shall Not Exceed Five Hours from the Normal Time of Commencing Work. for Production Purposes Meal Breaks May be Taken After 4 Hours from the Normal Time of Commencing Work.

 

(c)        Except where otherwise mutually agreed upon the starting time on day work shall not be earlier than 7:00 a.m. and the finishing time not later than 5:00 p.m.  Provided, however, in cases of emergency over which the employer has no control, the hours of shifts and hours of work for any employee may be altered without notice.

 

9.  Working of 38 Hour Week

 

The method of working of the 38 hour week shall be by rostering employees off on a weekday during a particular work cycle so that each employee has one weekday off during that work cycle.

 

Each employee shall be advised by the employer at least four weeks in advance of the week day he/she is to take off during the work cycle.

 

The employer may substitute the day an employee is to take off for another day in the case of a planned shutdown or some other existence.  On such a case the employee will receive at least one weeks notice and an alternative rostered day off will be given by the employer.

 

10.  Shift Work

 

For the purpose of this clause:

 

'Afternoon Shift' means any shift finishing after 6:00 p.m. and at or before midnight.

 

'Night Shift' means any shift finishing subsequent to midnight and at or before 9:00 a.m.

 

'Continuous Shift Work' means an employee working eight hours per shift inclusive of crib time and who normally works on Sundays and holidays.

 

'Non Continuous Shift Work' means an employee:

 

(a)        who works at least five consecutive days of eight hours per shift inclusive of crib time and who does not normally work on Sundays and holidays, or

 

(b)        who works at least five consecutive days of eight hours per shift exclusive of meal hours and who does not normally work on Sundays or holidays.

 

'Crib Time' means time for 'crib' to be taken at a suitable opportunity in any shift or period so as not to interfere with the employee's duties and such crib time shall be paid for at the appropriate rate.

 

Shift allowances: 15% - afternoon shift, 30% night shift.

 

11.  Late Meal Break

 

Any employee required to take a late meal break as approved by their Supervisor will be paid that meal break at the rate of time and one half.

 

12.  Overtime

 

(a)        Overtime shall be paid for time worked before or after the time an employee usually begins or leaves work, each day to be reckoned by itself.  Any overtime worked is to be authorised by management.

 

(b)        Overtime shall be paid on the following basis:

 

(1)        On any day other than one of the specific public holidays and Sundays - at the rate of time and a half for the first two hours and double time thereafter.

 

(2)        On a Sunday at the rate of double time.

 

(3)        On a specified public holiday at the rate of double time and a half.

 

(c)        An employee working overtime shall be allowed paid crib time of twenty minutes after each four hours of overtime worked if the employee continues to work after such crib time.

 

Unless the overtime is less than two hours, an employee who starts overtime after working ordinary

hours will be entitled to crib time or payment in lieu.

 

Crib time is to be paid at the appropriate overtime rate.

 

(d)        An employee called back to work after having ceased work for the day shall be paid the appropriate penalty rate for all the time worked, with a minimum payment equivalent to four hours at overtime rates.

 

This Sub-Clause Shall Not Apply in Cases Where It is Customary for an Employee to Return to the Employer's Premises to Perform a Specific Job Outside His Ordinary Working Hours Or Where the Overtime is Continuous (Subject to a Reasonable Meal Break) With the Completion or commencement of ordinary working time.

 

(e)        When an employee after having worked overtime for which he/she has not been regularly rostered finishes at a time when the usual or reasonable means of transport are not available the employer shall provide him with a conveyance to his home or pay him the ordinary rate of wage for the time reasonable occupied in reaching his home.

 

(f)         The employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.

 

(g)        An employee (other than a casual employee) who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his ordinary work on the next day that he/she has not had a least ten consecutive hours off duty between those times, shall, subject to this sub-clause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.  If on the instructions of his/her employer, an employee resumes or continues work without having had such ten consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

13.  Meal Allowance

 

An employee required to work overtime for more than two hours without being notified on the previous day or earlier that he/she will be so required to work shall be paid a meal allowance as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for the first meal.  A second meal allowance will be paid should the overtime worked exceed a total of eight hours in any one day.

 

14.  Annual Leave & Loading

 

In addition to annual leave of 20 days per annum a loading of 20% on the total rate of pay is to be payable when proceeding on annual leave.

 

15.  Sick Leave

 

Paid sick leave entitlements are to be 10 days per year.  Employees taking more than a single day absence at any one time are to provide the employer with a certificate from a duly qualified medical practitioner stating the reason for the absence.

 

Where an employee suffers a severe illness not covered by workers' compensation which in one continuous period of absence exhausts all his/her credit and he/she is still absent due to that severe illness the company will grant further paid sick leave as follows:

 

(a)        After one years service up to six weeks pay at ordinary rates in any one year.

 

(b)        After five years service up to twelve weeks pay at ordinary rate in any one year.

 

Severe illness is defined as an illness of at least two weeks duration requiring hospitalisation or strict medical supervision which would prevent attendance at work.  Such illness must be supported by necessary documentation.

 

It is expected that normal sick leave allowance of seventy six (76) hours per year will cover the usual seasonal or minor illnesses.  Sick pay is for sick people and provisions for sick leave are not to be abused and taken as additional holidays.

 

16.  Personal/Carer’s Leave

 

(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) of this subclause, 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 16, 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.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration the illness of the person concerned and 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 stepchild, 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 the purpose 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.

 

(f)         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.

 

(2)        Unpaid Leave for Family Purpose -

 

(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 (ii) or paragraph (c) of subclause (1) who is ill.

 

(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 exclusive of any shut down 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.

 

(4)        Time Off in Lieu of Payment for Overtime -

 

(a)        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.

 

(b)        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.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) 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.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5)        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 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.

 

(6)        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 the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has member 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.

 

17.  Parental Leave

 

See Industrial Relations Act 1996

 

18.  Bereavement Leave

 

(a)        Entitlement

 

An employee shall on the death within Australia of a wife, husband, partner, father, mother, step-father, step-mother, foster father, foster mother, brother, sister, father-in-law, mother-in-law, child or step child, or significant other person to the employee, be entitled to two days paid leave.

 

The words "wife" and "husband" shall not include a wife or husband from whom the employee is legally separated but shall include a person who lives with the employee in a de facto relationship.

 

(b)        Proof

 

The employee shall furnish proof of such death to the satisfaction of the company if so requested.

 

(c)        Coincidence with other Leave

 

This clause shall have no operation if it coincides with any other period of leave.

 

19.  Anti Discrimination and Harassment

 

The Company’s Anti Discrimination and Harassment policy will operate on principles designed to prevent and eliminate discrimination in the workplace consistent with the objects of the Industrial Relations Act 1996.

 

(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 matter 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 partes by the legislation referred to in this clause.

 

Notes:

 

(i)         Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(ii)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects any other act or practice of a body established to propagate religion that

conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities

of the adherents of that religion."

 

20.  Payment of Wages

 

Wages shall be paid weekly into a bank account nominated by the employee.  Such payment will be on the Wednesday following the pay week ending the previous Monday.  Special arrangements will be made should public holidays fall on any Wednesday.

 

21.  Jury Service

 

Employees shall be entitled to leave without loss of pay (after taking into account jury pay) for time spent on jury service.

 

22.  Redundancy

 

Definitions:

 

(a)

 

(1)        'Redundancy' is Defined as Termination of Employment Where the Whole Or Main Reason for Termination is that the Employer's Need for the Employees to Do Work of a Particular Kind Has Diminished Or Ceased, But It Shall Not Include Or Apply to Termination of Employment in the Following Instances:

 

(i)         termination on account of malingering, inefficiency, neglect of duty or misconduct.

 

(ii)        Any case where the employee has refused an offer of alternative employment with the company at any of its local establishment provided that such employment is in respect of the same classification.

 

(2)        'Technological change' is defined as any change in material, equipment, methods, organisation or product which alters the quantity or quality of labour required other than that which is occasioned by changes brought about by recession in trade or change in production or maintenance arrangements made necessary by factors arising from changes in the market.

 

(b)        Notice of Termination

 

The redundant employee shall be given notice of termination as follows:

 

Redundancy due to technological change - 3 months

 

Redundancy due to all other reasons - 1 week minimum irrespective of length of service and in accordance with the Notice Provisions of the Federal Workplace Relations Legislation.

 

If the employer fails to give such notice in full he/she shall pay the employee at the ordinary rate of pay for a period equal to the difference between the period stipulated in this clause and the period of the notice given.  Subject to the right of the company to retain sufficient employees to maintain operations and services, any redundant employee who has an opportunity of obtaining suitable alternative employment outside the service of the company after he/she has been given appropriate minimum notice of termination may be entitled to accept such employment without loss of severance payments.  Employees who at the discretion of the company are required to remain on the job until the closure of plants or section will be kept in employment for a further four weeks after the closure or paid at ordinary rates in lieu if their services are no longer required.

 

(c)        Alternative Employment Within the Company

 

Wherever It is Possible to Effect a Transfer the Parties Will Ascertain By Interviewing Each Redundant Employee Whether Or Not He/She Wishes to be Transferred to Another Location Within the Company.  Where an Employee is Transferred to an Alternative Position, no liability for redundancy payment arises.

 

(d)        Retraining

 

In any retraining program employees associated with such alternative employment shall be paid their ordinary rates of pay for the previously held positions while undergoing training for new positions.

 

(e)        Alternative Employment Outside the Company

 

The company will assist in every way possible the replacement outside the company of all redundant employees for whom alternative work within the company is not available, but will not be responsible to find employment.

 

(f)         Payment in Lieu of Notice

 

On termination by cause of redundancy, a employee will be paid six weeks pay in lieu of notice which will be an up-front payment made at point of termination, regardless of the time notice has in fact been given.

 

(g)        Severance Payments

 

The redundancy formula is 4 weeks pay per year of service for all employees who have completed a minimum of one years service.  That scale covers up to and including 7 years of service.  For years 8, 9 and 10 of service the severance scale of payment is 3.5 weeks per year for each of these years, and for service of 11 years or more the scale is 3 weeks per year for each of these years.

 

Pro rata payment will be applied for each completed three months of service.

 

(h)        Paid Time Off to Find Alternative Employment

 

It is agreed that a redundant employee who is under notice of termination due to redundancy shall be entitled to reasonable opportunities for paid time off to attend prearranged interviews to secure alternative employment if there is prior local agreement with his/her supervisor.

 

(i)         The Company is committed to giving equal employment opportunity to all job applicants.  However, if within 52 weeks of redundancies occurring at a site, the Company needs to recruit externally, then:

 

(1)        suitable qualified ex-employees previously made redundant will be advised of the vacancy by certified mail.  Once a notification is ignored, (14 days), then there will be no further requirement to notify that person.

 

(2)        The experience of the ex-employee will be a major factor in determining the successful applicant(s).

 

(3)        The Company will supply the relevant site union representative with a list of those contacted.

 

23.  Termination By Dismissal

 

Following a thorough investigation and a counselling interview, any employee found guilty of theft of company or personal property, or of wilful damage to property will be subject to immediate dismissal.

 

24.  Superannuation

 

It is a condition of employment that an employee join the superannuation fund as nominated by Nalco (the "Nalco Fund").  Changes to the nominate Fund will be done so through agreement between the employee and employer.

 

Should such an employee wish to make contributions to the superannuation fund, those contributions shall be arranged as "salary sacrifice" contributions to be made on behalf of the employee.  Where an employee chooses such an arrangement with the employer in accordance with terms of this clause, the Wage Rate payable in respect of that employee and referred to in Appendix 2 shall include a component being the abovementioned salary sacrifice contribution to the superannuation fund; ie part of the Wage Rate quoted in Appendix 2 representing the salary sacrifice contribution chosen by the employee shall be paid as a contribution by the employer direct to the superannuation fund.  As a consequence, the employee's taxable salary shall equal the relevant Wage Rate set out in Appendix 2 less the salary sacrifice contribution (if any).

 

25.  Unions/Employee Bodies

 

Should any employee be a member of a registered employee body, deductions from pay will be made and forwarded to the employee body.  Such deductions to be authorised by the employee in writing.

 

26.  No Extra Claims

 

The parties agree that there shall be no extra claims for increased wages or conditions during the life of this Award.

 

27.  Quality

 

Employees covered by this Award support the Quality initiative undertaken by the Company and will continue to participate in the Quality improvement process through Corrective Action Teams and training.

 

28.  Safety and Environment

 

Employees recognise that they are accountable to work at all times in a safe manner in accordance with the Company Safety and Environmental policies.

 

The parties to this agreement are committed to the safe operation of plant and equipment, to the observance of safe working practices, the correct and proper use of all personal protective equipment and to the safety and good health of all employees.  The Company recognises its responsibilities to provide a health and safe workplace and accordingly will focus on:

 

(i)         All current Codes of Practices, Regulations, Work Safe Australia documentation and approved and recognised industry standards,

 

(ii)        Employees familiarising themselves with proper workplace procedures when handling hazardous substances,

 

(iii)       Employees attending an approved safety induction program, and;

 

(iv)       Facilitating the selection and training of safety officers in conjunction with the union.

 

29.  Consultative Committee(s)

 

A consultative committee(s) of elected employee and Management representatives will review work practices with a view to achieving improvements in productivity, efficiency of operation, safety and environmental performance and training.

 

Any changes to work practices will only occur by mutual consent of the parties.  The work practices are outlined in Appendix 1.

 

30.  Wage Rates & Allowances

 

The wage rates of employees are set out in Part B, Monetary Rates.

 

Employees who are employed on 1 July 2004 will be paid and additional 3.5% bonus on top of the wages already paid for all work performed between 1 July 2003 and 1 July 2004.

 

The respective classification levels have been negotiated between the parties and agreed upon through consultation.  The outcome of these discussions can be found in the Nalco Australia Pty Ltd Employment Classification Scheme manual.  This manual is to be read in conjunction with the conditions of this award.

 

Where salary sacrifice contribution are to be made on behalf of an employee to the superannuation fund, the wage rate quoted in Table 1 - Wages Rates, of Part B, Monetary Rates, shall (in respect of such an employee) include a component being the salary sacrifice contribution, i.e., part of the wage rate representing the salary sacrifice contribution chosen by the employee shall be paid as a contribution by the employer direct to the superannuation fund.  As a consequence, the employee’s taxable salary shall equal the relevant wage rate less the salary sacrifice contribution (if any).

 

First-aid Allowance - Subject to company requirements, holders of an appropriate first-aid certificate will be paid a first-aid allowance as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in December each year.

 

Travel Allowance - An allowance according to C.T.A. rates will be paid to employees who need to use their private vehicles for company purposes.

 

Part B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

Classification

Chemical Operators

Fitter

Trades

 

 

 

Assistant

 

$

$

$

Casual + 20%

889.26

981.17

923.88

 

 

 

 

Level 1

768.89

841.44

792.29

Level 2

777.84

894.84

807.47

Level 3

807.47

952.57

844.06

Level 3A

823.31

-

-

Level 3 B

844.06

-

-

Level 4

916.49

1024.73

916.49

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1

14

Meal Allowance

9.73

2

29

First-aid allowance paid in December each year

522.05

 

Appendix 1

 

PERFORMANCE MEASURES

 

This document is an appendix to the Enterprise Award involving members of the Unions party to this award operating at the Botany, N.S.W. site of Nalco Australia Pty. Ltd.

 

The parties to the Award accept and are committed to the philosophy and practice of continuous improvement in the manufacturing operations of Nalco Australia Pty. Ltd.

 

Performance measures have been developed for the plant and accepted by the parties.  These measures which will be monitored by the parties on a regular basis to review progress and the effectiveness of the agreement, are as follows:-

 

1.          Outstanding annual leave.

 

2.          Number of one day absences.

 

3.          Consumable stores and maintenance material usage.

 

4.          Raw material wastage.

 

5.          Plant effluent quality.

 

6.          Rework.

 

7.          Usage of power, steam and water.

 

8.          Usage of safety equipment and clothing.

 

9.          Housekeeping of the site, manufacturing plant and warehouse.

 

10.        Diligence in preventing accidental damage to plant equipment and property.

 

Any dispute in this regard will be settled according to Clause 6 "Settlement of Grievances and Claims" of the Enterprise Award.

 

 

 

P. J. SAMS  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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