PIONEER BASS POINT QUARRY SITE AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Hanson
Construction Materials Pty Ltd
(No. IRC 4007 of 2004)
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Before Mr Deputy
President Grayson
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15 July 2004
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AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Status
And Scope
3. Wages And
Classifications Structure
4. Casual
Employees
5. New
Employees
6. Sub
Contractors
7. Stop Work
Meetings
8. Ship
Loading
9. Shift
Arrangements
10. Overtime
11. Payment Of
Wages
12. Operation
Of Overhead Bins
13. Disciplinary
Procedure
14. Staff
Performing Award Covered Work
15. Meal
Breaks And Wash Up Times
16. Clothing
17. Rostered
Days Off
18. Redundancy
Principles
19. Disputes
Procedure
20. LSL
Payments To Employees Retrenched 19.4.91
21. Operative
Date
1. Title
This Award shall be known as the Pioneer Bass Point Quarry
Site Award 2003.
2. Status and Scope
2.1 This Award
applies to employees of the Company who are engaged at the Bass Point Quarry under
the classifications contained in Clause 3 - Wages and Classifications of this
Award.
2.2 This Award is
a complete code of conditions applicable to employment by the Company at the
Bass Point Quarry. This Award replaces existing Award or agreement that apply
at this site.
2.3 Where there
are inconsistencies between this Award and the Quarry Industry (State) Award
then the provisions of this Award shall prevail to the extent of the
inconsistency, so that the parties will not be disadvantaged.
3. Wages and
Classifications Structure
3.1 The intention
of this classification structure is to provide employees at Bass Point Quarry
with:
(i) the
opportunity to improve the range of skills of each employee; and
(ii) the
opportunity for employees to perform work in higher classifications when such
opportunity exists and for the employees to be paid accordingly for work
performed in a higher classification.
3.2 Employees who
hold skills must be given an opportunity to use those skills so that they do
not erode. Likewise the Company is entitled to require that employees utilise
skills that they hold. If employees
progress to higher classifications and refuse to use their skills at those
higher classifications then those employees will be reclassed to lower
classifications levels unless their refusal to utilise skills was based on
safety or medical grounds (certified by an agreed medical provider).
3.3 The wage and
classification structure, which applies at Bass Point Quarry, is as follows:
Level 1
(Note: An employee shall remain at this level for no
more than 6 months from date of commencement)
Induction - OH&S, environmental, etc.
Confined spaces
General Cleaning
Fuel Cart
Greasing - basic
Trade Assistant in General
Including Training for Level 2
Level 2
All skills and duties contained in Level 1
Bob Cat
Wash Plant
Spare Loader Driver
Ship Loader Tail end
Rescreening Plant
Pug Mill
1st Aid Certificate (Company Course)
Level 3
An operator at this level shall have all the skills and
be able to perform all duties as set out in levels 1 & 2 and shall be able
to perform at least four level 3 operations as set out below:
Primary Crusher
Secondary Crusher
Ship loader
Weigh Bridge
Face loader
Dump Trucks - Up to 80tn
Dispatch Loader
Water Cart
Level 4
An operator at this level must have all the skills and
be able to perform all the duties set out in Level 1, 2 and 3.
Trades Level 1
A Trades level 1 is an employee who has acquired a
relevant trade certificate and is engaged in maintenance work at the quarry.
Trades Level 2
A Trades level 2 is an employee who has had 12 months
experience working in the quarrying industry as a Trades Level 1.
Trades Level 3
A Trades Level 3 is an employee who has gained Trades
Level 2 classification and can perform at least two level 3 - operator skills
to be used in an emergency situation or as an assistant in training.
Team Leader
A Team Leader shall be appointed by the Company to lead
each self managed team. The responsibilities of a Team Leader shall be:
(i) Leadership of
team to achieve agreed performance targets.
(ii) Communication
with other teams.
(iii) Placement of
personnel in co-ordination with shift supervisor.
(iv) Liaison with
management.
(v) Reporting to
management of potential safety and/or environment risks or breaches.
(vi) Admin/Clerical
- Performance Indicator Reporting.
3.4 Training will
be provided to employees on the following basis:
(i) The business
must have a demonstrated need for training before training opportunities can be
offered; and
(ii) Applications
for training opportunities will be assessed on merit. Decisions on which
applicants will be offered training opportunities will be the decisions of the
Company made in consultation with Team Leaders.
3.5 Wage Levels
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Rate of Pay
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Hour
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Week
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Rates of Pay
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Hour
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Week
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Grade 1
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Trade 1
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Grade 2
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Trade 2
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Grade 3
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Trade 3
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Grade 4
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Team Leader
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Team Leader
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Confined Space
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Confined Space
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First Aid Certificate
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First Aid Certificate
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4. Casual Employees
The principles covering casual employment at Bass Point
Quarry are as follows:
(i) Casuals will
be employed to cover periods of peak workload or extended absences occurring
for any reason.
(ii) There will be
no seniority of casuals and there will no claim by either the employees or the
union to establish casual seniority.
(iii) Casuals may
be used to cover core positions should permanent employees who normally occupy
those core positions be unavailable for any reason.
(iv) The Company
will use its best endeavours to employ casuals who are properly trained prior
to covering work at the site.
(v) The Company
will not use casual employment to run down or reduce the number of permanent
employees at the site.
5. New Employees
Where a person is employed in a permanent position, the
first three (3) months of permanent employment will be deemed to be a
probationary period. This is irrespective of any prior experience or service.
6. Sub Contractors
The parties acknowledge and agree that the use of sub-contractors
is a necessary part of the functions of the Bass Point Quarry.
The use of sub-contractors will be a matter for the
discretion of the Company. The company will consult with employees before
contractors are used where practical. The Company agrees that sub-contractors
shall not be used to run down or replace the number of existing permanent
employees, nor shall sub-contractors be used to carry out core production
functions.
7. Stop Work Meetings
Where employees hold meetings for the purpose of discussing
site-related issues then employees will be paid at the ordinary time rate of
pay for those meetings provided that:
(i) The Company
has agreed prior to the meeting being held that the meeting will be a paid
meeting; and
(ii) The weighbridge,
sales loader, secondary crushing plant, bin truck and pug mill will continue to
work if required; and
(iii) The meeting
is no more than one (1) hour duration unless the Company has agreed otherwise
prior to the meeting being held.
8. Ship Loading
It is the aim of the parties bound by this Award to ensure
that ship loading is carried out without delay and in a cost effective
manner. It is agreed that ship loading
shall take place as follows:
(i) The ship will
be loaded by quarry employees. If no
competent quarry employees are available then the Company may introduce
contract labour after consultation for the purposes of berthing and unberthing
the vessel.
(ii) Manning
levels for the purposes of berthing and unberthing the vessel shall be four (4)
employees comprised of three (3) quarry employees and one (1) outside employee
being a member of the MUA.
(iii) Dispute
Situations
Where loading of the ship has commenced at the quarry
it is agreed that if an industrial dispute arises over any matter whatsoever
quarry employees will continue to load the vessel regardless. Where a ship has been ordered and an
industrial dispute arises within 24 hours prior to the arrival time of the
ship, employees will load the ship on its arrival at the quarry. The parties agree that in all dispute
situations the provision of Clause (19) Dispute Procedure of this site Award
will be followed in all respects.
* Also refer to "attachment 1"
regarding Ship loader attendant conditions.
9. Shift Arrangements
9.1 The hours of
work for permanent employees on day shift shall be from 6.00am to 2.30pm, which
shall include a twenty (20) minute unpaid lunchbreak.
9.2 The hours of
work for rotating shift employees performing day shift shall be from 6.00am to
2.00pm that shall include a paid lunch break of twenty (20) minutes.
9.3 The hours of
work for employees on afternoon shift shall be from 2.00pm to 10.00pm that
shall include a paid lunch break of twenty (20) minutes.
9.4 All positions,
which require more than one shift for their complete operation, shall be
designated as shift positions. Employees in shift positions shall be required
to work on a "week about" rotation system unless otherwise agreed
between the employees concerned and the Company.
9.4.1 In the situation
where a position is changed to a shift position and the normal operator has
been in that position continuously for no less than 12 months, it shall be at
that operator’s discretion to rotate.
9.5 The hours of
work referred to in this clause are applicable from Monday to Friday. All work
on Saturday and Sunday shall be regarded as overtime work for the purposes of
this site Award.
10. Overtime
Overtime opportunities will be made available according to
the needs of the business. It is agreed that where overtime opportunities arise
they will be offered on the following basis:
(i) The
opportunity to perform overtime will first be offered to the employee
performing the job in question on the particular day or shift concerned.
(ii) If that
employee rejects the offer of overtime then overtime will be offered to other
employees at the discretion of the Team Leader and the Company.
(iii) Employees
must be able to perform reasonable overtime at the direction of the Company but
all overtime must be performed within the boundaries of existing Occupational
Health and Safety legislation with respect to the issues of fatigue and working
hours.
11. Payment of Wages
Where an incorrect wages payment is made to an employee then
the following procedure shall apply:
(i) If the
incorrect payment has arisen due to an error by the employee (e.g. the
incorrect recording of hours of attendance) then the correction to the wages
payment will be affected at the next pay period.
(ii) If the
incorrect payment has arisen by fault of the Company then the correction to the
wages payment must be made as soon as possible. (This issue is to be discussed
in the 2004 EBA).
12. Operation of
Overhead Bins
A Sales Loader Operator will be present at the quarry at all
times when trucks are being loaded out of the overhead bins.
13. Disciplinary
Procedure
Where the performance or behaviour of an employee requires
the Company to carry out any form of correction or discipline in respect of
that employee then the following procedure shall apply:
(i) The employee
will be the subject of verbal counselling by the Team Leader. The purpose of
this verbal counselling by the Team Leader is to clarify and explain to the
employee the standards of performance and behaviour expected by the Company and
the areas in which the employee needs to correct or improve in order to meet
those standards.
(ii) If the
employee continues to fail to meet the standards of the Company then the Site
Team Leaders as a group shall conduct a further verbal counselling session with
the employee.
(iii) If the
employee continues to fail to meet the standards of the Company then the Quarry
Manager has the right to issue a formal written warning to the employee. It is
agreed between the parties to this Award that a written warning may lead to
disciplinary action of the following kind:
The transfer of the employee concerned to another
position within the quarry;
Suspension;
Termination.
(iv) Where an
employee is guilty of serious misconduct then the Company has the right to
terminate that employee without notice. It is agreed that serious misconduct
shall include but not be limited to theft, fighting on site, consumption of
illegal drugs and unauthorised alcohol on site, interference with the clock
card of another employee, acting in any manner that may seriously endanger the
health and safety of either the employee concerned or other employees on site.
14. Staff Performing
Award Covered Work
The Company’s staff are permitted to perform work within the
scope of the Quarry Industry (State) Award only in the following circumstances:
(i) Where the
safety of any person on site is endangered and the performance of the Award
work by the staff member will act to reduce or eliminate that danger.
(ii) Where the
staff member is being trained in respect of the Award work is therefore under
the supervision of an employee otherwise covered by this site Award.
(iii) Where a
breakdown situation has occurred and the staff member is assisting employees
normally covered by this site Award.
15. Meal Breaks and
Wash Up Times
The intention of this clause is to clarify the standards to
which employees must adhere so that meal breaks and crib breaks are organised
efficiently. The principles are as follows:
(i) An employee
must be properly dressed and ready to commence work prior to clocking on at the
start of the shift.
(ii) Employees are
entitled to forty (40) minutes in total for rests and meal breaks during the
course of an eight (8) hour shift. Breaks will be taken at a time and in a
manner agreed by consultation between the employees on the shift in question
and the Company. It is agreed that wherever possible breaks will be taken in a
way that minimises disruption to sales and production.
(iii) Where an
employee is required to work overtime either before the start or after the
finish of that employee’s normal rostered shift then the employee should be
entitled to a meal break under the quarry Industry (State) Award. The meal
break (or breaks depending on the overtime required) will be taken at a time to
coincide with meal breaks taken by the majority of employees working ordinary
time on the shift during which the employee concerned is working overtime.
(iv) An employee must
return to work immediately after the completion of his meal break. (Note: In
order to maximise the benefit of break as well as the efficiency of the
operation an employee must order a meal in his own time i.e. either prior to
starting work or during the crib or meal break).
(v) Employees are
entitled to a five (5) minute wash up period prior to the commencement of a
meal break. The wash-up period shall enable the employee to travel to and wash
up for the scheduled meal break. An employee must remain at his workstation
until five (5) minutes prior to a scheduled meal break.
(vi) Employees are
entitled to a fifteen (15) minute period prior to knock off. This fifteen (15)
minute period is intended to enable the employee to travel to the workshop or
yard, park machinery, pack up and shower. Employees must remain at their
workstations until fifteen (15) minutes prior to scheduled knock off. Provided
that the employee does not leave his workstation until fifteen (15) minutes
prior to scheduled knock off then an employee may leave the site at any time
during the fifteen (15) minute period and be paid until the completion of that
fifteen (15) minute period. The purpose of this is to accommodate employees who
choose not to have a shower and simply leave the site. An employee leaving the
site during the fifteen (15) minute period must record this on his time card.
(Note: The Company has no obligation to provide travel
for an employee to a crib or meal break location).
16. Clothing
(i) Employees are
entitled to a clothing issue four (4) times each calendar year.
(ii) Any personal
protective equipment that is provided by the Company must be worn and cared for
by employees.
(iii) Personal
protective equipment issued to employees remains the property of the Company
and must be returned to the Company when the employee leaves employment for any
reason.
17. Rostered Days Off
It is agreed between the parties to this Award that there
will always be sufficient employees available on scheduled RDO's in order to
meet the sales, production and maintenance requirements of the Company. This procedure for work on scheduled RDO's
shall be as follows:
(i) The Company
shall give first preference of work on a scheduled RDO to full time permanent
employees. Where permanent employees reject an offer of work on a scheduled RDO
or where there are insufficient permanent employees available for work on a
scheduled RDO then the Company has the right to employ casual employees to work
on a scheduled RDO on a one for one basis to cover for full time employees who
are otherwise unavailable.
(ii) Where a shift
worker specifically requests to work on day shift on a scheduled RDO then the
employees shall not receive the shift allowance for that work. Where the Company specifically requests a
shift worker to work day shift on a scheduled RDO then the employee shall
receive the shift allowance for that work.
In all circumstances an employee must give a minium of
twenty-four (24) Hours notice to the Company of the intention of that employee
to take an accrued RDO. Provided that
the Company receives this notice then consent to granting the RDO will not be
unreasonably withheld.
18. Redundancy
Principles
The following principles will apply to employment at the
Bass Point Quarry:
(i) Where
redundancies are required during the life of this Award then the following
procedure shall apply:
(a) The Company
will make voluntary redundancy packages available.
(b) Applicants for
voluntary redundancy must make application in writing.
(c) The Company
will treat all applications for voluntary redundancy in the strictest
confidence.
(d) The success of
applications for voluntary redundancy will be entirely a matter for the
discretion and decision of the Company.
(ii) If this Award
had expired and the Company must make redundancies for whatever reason then the
following procedure shall apply:
(a) The Company
must first go through the voluntary redundancy procedure described above.
(b) If there are
insufficient volunteers then the Company will make compulsory redundancies and
employees will be chosen on the basis of gate seniority.
(c) Employees made
redundant shall receive statutory notice in accordance with legislation
together with a redundancy benefit of two weeks pay for each completed year of
service to a maximum of forty-eight weeks (48) pay. Payment shall be calculated at the best rate of pay for the
classification of the employee in question and this shall reflect agreed base
rates applicable at bass Point Quarry under the terms of this Award but shall
not include shift allowances or shift penalty payments which the employee might
otherwise been receiving.
(iii) Re-Employment
Where an employee is made redundant and then
subsequently reemployed at the quarry within a period of six (6) months from
the date of termination of employment of that employee then the service of that
employee shall be deemed to be continuous for the purposes of accrued long
service leave and sick leave.
Agreement shall be reached with the employee in
question as to whether the employee is able to repay any pro rata long service
leave, which the employee might have received at the date of
termination/redundancy. It shall be
open to the parties to allow the employee to retain the payment made at the
date of termination with the employee receiving a credit against future
entitlements, which are deemed to be continuous under this clause.
(Note: in these circumstances where an employee has
been made redundant and then subsequently re-employed, even though long service
leave and sick pay entitlements are deemed to be continuous the period between
the original termination and subsequent date of reemployment shall be deemed to
be a period of leave without pay and the employee has no entitlement to long
service leave or sick leave accrual for that period of leave without pay).
(iv) Where a period
of nine months has elapsed from the date that an employee was made redundant
then the Company has no obligation to rehire that employee should the Company
have a need to engage employees at the quarry for any purpose. This applies to both casual and permanent
employment positions. Where a permanent
employee is made redundant then that employee is not entitled to any priority of
employment as a casual over any existing casual employees who worked at the
quarry at the date of his redundancy.
19. Disputes
Procedure
This clause is to be read in conjunction with the Site
Consultation Procedure.
19.1 Where a dispute
occurs over any matter it shall first be the subject of discussion on site
between the employee/s involved and the supervisor/manager (depending on the
nature of the dispute) with a view to resolving the matter quickly.
19.2 If the
discussion does not resolve the dispute then the quarry manager and the
delegates shall meet within 48 hours (from the time of the initial discussion)
to attempt resolution. The meeting
shall proceed whether or not all the delegates are able to attend.
19.3 If the meeting
of the delegates and the quarry manager does not resolve the dispute then a
cooling off period of 48 hours shall apply (Discussions to be held with the
next level of management within 48hrs). During this cooling off period any
party may seek advice or professional counsel about the substance of the
dispute.
19.4 Following the
cooling off period the dispute shall then be the subject of a meeting between
company management and the delegates with the presence of the union if so
desired by the delegates. The aim of
the meeting will be to obtain a speedy resolution of the dispute.
19.5 If the meeting
does not resolve the dispute the matter shall immediately be referred to the
Industrial Relations Commission of New South Wales. Any party may refer the
matter and all parties will have full access to all rights available under the Industrial
Relations Act 1996 (NSW).
19.6 At all times
during any dispute there shall be no strikes, bans or limitations of any kind
pending the completion of the steps detailed in this procedure.
20. LSL Payments to
Employees Retrenched 19.4.91
With regard to the "Terms of Settlement" of the
bass Point dispute concerning long service leave and the initial offer for
repayment, a number of tax problems have arisen.
To resolve the tax problems, and in relation to or
conversations with the Bass Point consultative committee last Thursday 7.11.91,
I would like you to officially propose the following formula to the men:
(i) All LSL paid
on (19.4.91) will be retained by the individuals.
(ii) When LSL is
due, the amount owed will be calculated in weeks. The amount paid in April 1991
will also be calculated in weeks. The
April 1991 figure (in weeks) will then be deducted from the total owed and paid
(as leave) at the current rate.
(iii) Example 1
Employee A, original employment start date= 1.2.1981
(a) LSL owed on
1.2.1991= 8.6 weeks
(b) LSL paid on
119.4.1991= 8.8 weeks
(c) After 15 years
(i.e 1.2.91 + 15 years and 5 months) = 1.7.96.
(d) Hence, 13
weeks- 8.8 weeks + 4.2 weeks remaining.
Therefore, employee A is owed 4.2 weeks LSL at his
current rate (a 1.7.86) of pay.
(iv) Example 2
Employee B, original starts date November 19th 1985,
therefore;
(a) LSL paid on
19.4.1991= 4.7 weeks
(b) LSL (10 years 5
months) technically not due until 10.4.1996
(c) LSL due after
15 years service (plus 5 months) = 10.4.2001 and is due 13 weeks pay.
Hence,
(d) Employee B
owed 13 weeks on 10.4.2001.
(e) Employee B
paid 4.7 weeks on 19.4.91.
Therefore,
(e) Employee
B owed 13 weeks - 4.7 = 8.3 weeks paid at rate of pay as at 10.4.2001.
COMMENTS
(a) Any employees
wishing to take LSL "without pay" (only up to weeks paid out at
19.4.91) after his residual has been calculated will negotiate same with
employer when leave is required. Employer is to not unreasonably withhold such
request.
(b) Employees
terminated on 19.4.91 and reinstated on 23.9.91 did not accrue LSL during that
time period and hence must add 5 months to their initial starting date to
calculate correctly when LSL is due to them.
(c) Each
employee’s original starting date will be used for purpose of calculation of
when LSL is due.
When long service leave is taken by an employee that
was previously paid out under the return to work agreement, 1991, he shall be
paid the difference between what he was paid and the current entitlement at the
time of taking long service leave.
21. Operative Date
This Award shall commence on 1 July 2003 and shall remain in
operation for a period of two (2) years from that date. When this Award has
reached its expiry date being 30 June 2005 the parties have the option to
continue the operation of the Award, vary the Award and continue its operation,
or rescind the Award in its entirety.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.