WATERCO LIMITED CHEMICAL DIVISION (STATE) CONSENT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Industry Group New South Wales Branch, industrial organisation of employers
and a State Peak Council for employers
(No. IRC 4445 of 2004)
|
Before The Honourable
Justice Boland
|
12 August 2004
|
AWARD
Arrangement
Clause No. Subject Matter
1. Parties
to the Award
2. Classification
Structure
3. Wages
4. Allowance
5. Sunday
and Holiday Pay
6. Hours of
Work
7. Overtime
8. Meals
9. Holidays
10. Sick Leave
11. Annual
Leave
12. Long
Service Leave
13. Mixed
Functions
14. Contract
of Employment
15. Payment of
Wages
16. Continuous
Improvement and Flexibility
17. Waterco Limited
Chemical Division Performance Management System
18. Disputes
Procedure
19. Redundancy
20. Area,
Incidence and Duration
21. No Extra
Claims
22. Anti-Discrimination
23. Personal/Carers
Leave
24. Bereavement
Leave
25. Superannuation
26. Rehabilitation
1. Parties to the
Award
The parties to this Award are Waterco Limited Chemical
Division and the Australian Workers’ Union, New South Wales. The Award shall
apply to the company’s premises at 390 Marion Street, Bankstown NSW.
2. Classification
Structure
GRADE 1: Operator (Entry Level)
Is responsible for the quality of their work (subject
to instruction and direction).
Performs routine duties in a team environment and / or
under routine supervision. Packing, filling, labouring, chemical processing
& documentation. (Any paperwork
relating).
Undertakes duties in a safe and responsible manner.
Possesses interpersonal and communication skills.
Maintains a high standard of housekeeping in the work
place.
Undertakes training including OHS, EEO, manual handling
techniques, fire protection, basic chemical handling, quality systems,
protective equipment etc.
Has the ability to progress to higher grade within 3
months.
GRADE 2: Operator (Experienced)
An employee who in addition to performing the duties of
Grade 1:
Maintains records, which may involve the use of
computers and other electronic equipment.
Regularly inspects plant and ancillary equipment and
reports items requiring attention.
Checks weight, calibrations, process testing / control
and basic troubleshooting.
Identifies chemical substances classifications and
interpretation of MSDS.
Receiving, checking, dispatching and sorting of
materials.
Understands and applies quality systems as they apply to
an area including standard operating procedures and plant manuals.
Competent operator able to work area alone.
Responsible for assuring the quality of their own work.
Possess sound interpersonal and communications skills.
Understands regulations relating to handling,
processing, storage and / or receipting / dispatching of materials.
Assists in on the job training to the level of
employees training and competence.
GRADE 3: Operator (Line Leader)
An employee who in addition to performing the duties of
Grade 1 & 2:
Maintains records involving the use of computers and
other electronic equipment.
Performs process maintenance on plant and ancillary
equipment within area.
Displays sound problem solving skills and applies when
necessary.
Competent operator who co-ordinates activities of other
team members.
Responsible for assuring the quality of work within
area.
Demonstrates good interpersonal and communication
skills.
Sound understanding of regulations relating to handling,
processing, storage, receipt, and dispatch of materials.
Assists in preparing written procedures.
Assists in on the job training to the level of
employees training and competence.
GRADE 4: Operator (Team Leader)
An employee who in addition to performing the duties of
Grade 1, 2, & 3:
Has a broad understanding of quality system
requirements for storage, operations and receiving within the ISO 9002
procedures.
Prepares written procedures for review and implementation.
Utilises highly developed level of interpersonal and
communication skills.
Able to and performs a number of complex duties across
operations.
Has the ability to operate any process on site.
Communicates with outside suppliers for services as
required for the operations of this site.
Is able to exercise discretion with respect to tasks.
Displays advanced problem solving skills and regularly
uses the skills to improve operations.
Performs complex operations, which are ancillary to
their main task/s.
Coordinates and supervises the activities of teams,
assumes responsibility for performance. May assume operational / site
responsibility.
Assists in on the job training to the level of
employees training and competence.
Coordinates and conducts new employee and contractor
safety induction.
Understands site commitment to safety and environmental
requirements.
Employees will have the opportunity to progress through the
grading structure. This progression and
the total number of employees in each grade will be dependent on the needs of
the business and the potential of each employee to lean and apply new skills.
The performance of each employee will be appraised by the
team leader/manager. This appraisal
will be used as the basis for:
Recommending a change of classification.
Training and development needs.
Counselling.
3. Wages
The rates of pay below are the rates payable for the 38-hour
week worked Monday to Friday as defined in clause Hours of Work. The wage rate
and allowances in column 1 shall be paid in first full pay period upon
ratification of the new Award. The wage rates and allowances in column 2 shall
be paid in the first full pay period, 12 months after the ratification of the
Award.
3.1 The following
rates only apply to those employed as at the 16th October 2000.
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Classification
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Wage Rate (Year 1)
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Wage Rate (Year 2)
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|
|
|
|
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GRADE 4 (inclusive of forklift allowance)
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$717.90
|
$739.45
|
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GRADE 3 (inclusive of forklift allowance)
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$645.90
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$665.30
|
|
GRADE 2 (not inclusive of forklift allowance)
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$560.95
|
$577.75
|
|
GRADE 1 (not inclusive of forklift allowance)
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$475.45
|
$489.70
|
3.2 The following
rates only apply to those employed after the 16th October 2000.
|
Classification
|
Wage Rate (Year 1)
|
Wage Rate (Year 2)
|
|
|
|
|
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GRADE 4 (inclusive of forklift allowance)
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$572.50
|
$589.60
|
|
GRADE 3 (inclusive of forklift allowance)
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$541.50
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$557.80
|
|
GRADE 2 (inclusive of forklift allowance)
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$530.50
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$546.50
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|
GRADE 1 (not inclusive of forklift allowance)
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$513.20
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$528.60
|
4. Allowance (Flat
Per Week)
4.1 The following
rates only apply to those employed as at the 16th October 2000.
(i) The flat
allowance payable to employees is as follows:
|
Allowance
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Year 1
|
Year 2
|
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Forklift
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$10.20 per week
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$10.50 per week
|
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Fire Team
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$12.10 per week
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$12.50 per week
|
|
Fire Chief
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$18.00 per week
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$18.60 per week
|
|
First Aid Attendant
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$15.55 per week
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$16.00 per week
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|
Container-Forklift
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$2.40 per container
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$2.50 per container
|
|
Container-Manual
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$12.10 per
container/person
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$12.50 per
container/person
|
4.2 The following
rates only apply to those employed after the 16th October 2000.
(i) The flat allowance
payable to employees is as follows:
|
Allowance
|
Year 1
|
Year 2
|
|
Forklift
|
$10.20 per week
|
$10.50 per week
|
|
Fire Team
|
$12.10 per week
|
$12.50 per week
|
|
Fire Chief
|
$18.00 per week
|
$18.60 per week
|
|
First Aid Attendant
|
$7.70 per week
|
$7.95 per week
|
|
Container-Forklift
|
$2.40 per container
|
$2.50 per container
|
|
Container-Manual
|
$12.10 per
container/person
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$12.50 per
container/person
|
(ii) Employees required
to travel to another location other than the normal place of work on the
instruction of the employer shall be paid travelling allowance of $10.00 per
day.
(iii) An employee
appointed by the company, as a "Safety Co-ordinator" shall be paid a
flat allowance of $10.20 per week.
5. Sundays and
Holidays Pay
(i) Employees
(other than on shift) shall be paid at the rate of double time for the work
done on Sundays and double time and one half for work done on holidays, such extra
rate to be in substitution for and not cumulative upon the shift premiums.
(ii) Employees
(other than on shift) required to work on any Sunday or on a holiday, shall
receive a minimum of four hours pay.
6. Hours of Work
The ordinary working hours of day workers shall be 38 per
week, to be worked Monday to Friday, inclusive, between the hours of 6.00am and
6.00pm. The ordinary hours of work prescribed herein shall not exceed ten on
any day. The spread of hours may be altered by mutual agreement.
7. Overtime
(i) All time
worked before the usual commencing time or after the usual ceasing time each
day, or in excess of 38 hours per week, shall be overtime and shall be paid for
at the rate of time and a half for the first hour and double time thereafter.
(ii) An employee
recalled to work after leaving the employer’s premises shall be paid for a
minimum of four hours at the appropriate rate.
(iii) An employee
working overtime but finishing work when the usual means of transport are not
available shall be entitled to any additional outlay incurred in reaching home
by reasonable means of transport.
(iv) Where overtime
is necessary it shall, 1wherever 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 overtime between the termination of
their ordinary work on one day and the commencement of their ordinary work on
the next day such that they have not had at least ten consecutive hours off
duty between these times shall, subject to this subclause, be released after
completion of such overtime until they have had ten consecutive hours off duty
without loss of pay, for ordinary working time occurring during such absence.
If, on the instruction of the employer, such employee resumes or continues work
without having had the ten consecutive hours off duty, they shall be paid at
double rates until they are released from duty for that period, and they shall
then be entitled to be absent until they have had ten consecutive hours off
duty without loss of pay, for ordinary working time occurring during such
absence.
(v) Callbacks
shall be counted as overtime for the purpose of this sub clause.
(vi) Overtime shall
be paid at the end of each fortnight and each day shall stand-alone.
8. Meals
(i) Employees
shall be allowed a meal break of not less than 30 minutes or more than one
hour, Monday to Friday, inclusive.
(ii) An employee
called upon to work during their regular break shall be paid at overtime rates
for all time worked until such break for a meal is granted.
(iii) An employee
required to work more than two hours after their ordinary ceasing time, without
being notified before leaving their work on the previous day that they would be
required to work overtime, shall be paid the amount of $9.15 and if they work
for a further four hours they shall be paid a further sum of $9.15.
(iv) Employees
shall be supplied at meal time with boiling water or with facilities for
boiling water.
(v) No employee
shall work longer than five hours without a break for a meal.
9. Holidays
(i) Subject to
the provisions of this clause employees, other than casuals, shall be entitled
to the following public holidays without loss of ordinary pay that the employee
would normally receive, viz, New Year’s Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Eight-hour Day, Christmas
Day and Boxing Day, and all gazetted public holidays observed through the
state.
(ii) In addition
to the holidays specified in subclause 9(i), one additional public holiday
(picnic day) will be held the Friday preceding the Queen’s Birthday public
holiday each year. The additional public holiday may be substituted for another
day to suit the business needs.
(iii) Any employee
who is absent without leave or reasonable excuse on the working days succeeding
or preceding a holiday shall not be entitled to payment for such holiday.
10. Sick Leave
(i) An employee,
after three months continuous service, who is absent from work by reason of
personal illness or personal injury, shall be entitled to paid leave of
absence, subject to the following conditions and limitations:
(a) The employee
shall, within 24 hours of the commencement of such absence, inform the employer
of their inability to attend for duty and, as far as practicable, state the
nature of the injury or illness and the estimated duration of the absence.
(b) The employee
shall prove to the satisfaction of their employer, by the production of a
medical certificate or other satisfactory evidence, that they were unable, on
account of such illness or injury, to attend for duty on the day or days for
which sick leave is claimed.
(c) An employee
shall be entitled to sick leave of 5 days in the first year of employment, 8
days in the second year of employment and 10 days in subsequent years of
employment. This leave shall be paid at ordinary working time rates.
(ii) Sick leave
shall accumulate from year to year so that any balance of the period specified
in sub clause (i) of this clause, which has not been allowed by the employer to
an employee as paid sick leave may be claimed, subject to the conditions
prescribed by this clause, by an employee in a subsequent year of continued
employment. Any rights which
accumulate, pursuant to this sub clause, shall be available to the employee so
long as the employment continues.
(iii) Service prior
to the operative date of this Award shall be counted as service for the purpose
of qualifying thereunder.
11. Annual Leave
Day Workers See Annual Holidays Act 1944.
12. Long Service
Leave
See Long Service Leave Act 1955.
13. Mixed Functions
(i) An employee
who is required to do work carrying a higher rate than their ordinary
classification for more than one hour shall be paid at the higher rate for the
whole of the day.
(ii) Subject to
sub clause (i) of this clause, an employee who is required to do the work of a
higher paid classification for at least one hour shall be paid the rate
prescribed for such work whilst so engaged.
14. Contract of
Employment
(i) After three
months continuous service employment shall be by the week and may be terminated
by a week’s notice on either side or by the payment or forfeiture of one week’s
wages in lieu of notice, as the case may be.
(ii) Employment
for the first three months of continuous service shall be from day to day at a
proportion of the weekly rate fixed; provided that any employee who has once
served for a continuous period of one month with the employer, if re-employed
within 12 months, shall be engaged and paid by the week.
(iii) The employer
shall not be required to pay for any time an employee cannot be usefully
employed because of any strike, or through any breakdown in machinery or any
stoppage of work through any cause for which the employer cannot be reasonably
held responsible.
(iv) The employer
may dismiss any employee without notice for malingering, inefficiency, neglect
of duty or misconduct and in such cases wages shall be paid up to the time of
dismissal only.
(v) Casual
Employment:
(a) A casual
employee is engaged and paid by the hour. A casual employee shall be paid one
thirty-eighth per hour of the weekly wage prescribed herein for work performed,
plus 15 per cent.
(b) A casual
employee may be terminated by one hour’s notice on either side or the payment
or forfeiture of an hour’s pay.
15. Payment of Wage
(i) All wages and
overtime shall be paid fortnightly.
(ii) The pay period
shall close not more than two working days prior to the recognised pay day.
(iii) Wages may be
paid by electronic funds transfer.
16. Continuous
Improvement and Flexibility
Employees in Waterco Limited Chemical Division will perform
duties across the operations that are within their skills, competence and
training. This flexibility will be increased by obtaining skills/ knowledge and
will lead to increase productivity, improved internal/external customer service
and reduced costs.
(i) Cross training
and skills acquisition
Each employee will assist in training others in the
specific skills required to perform duties cross the operations.
(ii) Maintenance
improvement
Employees will perform maintenance across the
operations to improve plant reliability, reduce downtime and increase
efficiency. Examples of maintenance items are:
Adjusting and setting up machines and lines.
Inspecting key equipment/plant, identifying faults and
taking the appropriate actions (fix or report).
Tightening or replacing nuts, bolts, valves, clips etc.
Lubrication of equipment.
Any other item that is identified and is within the
competency of employees.
(iii) Team
Objectives and Key Performance Indicators (KPI’s)
During the life of this Award team/workgroup objectives
will be determined and measures of performance put into place by the teams
(KPI’s). These measures will be used to identify areas for improvement,
establishing the root cause/s and corrective action(s) taken to continually
improve performance.
(iv) Staggering
starting and finishing times
Employees will stagger their starting and finishing
times to allow extended coverage to minimise the necessity to work overtime.
17. Waterco Limited
Chemical Division Performance Management System
Waterco Limited Chemical Division is committed to
implementing Performance Management System for all employees. The systems key
features are:
Team and Individual Objectives.
Measures of Performance.
Performance Reviews.
Training and Skill Development.
Reward and Recognition.
Employees covered by this award are committed to the
implementation of the Waterco Limited Performance Management System.
18. Disputes
Procedure
The procedure for the resolution of industrial disputes will
be in accordance with the Industrial Relations Act 1996. These steps
are:
(i) Procedure
relating to a grievance of an individual employee:
(a) The employee
is required to notify (in writing or otherwise) the employer as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps f or further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussions, the employer must provide a response to the
employee’s grievance; if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(ii) Procedure for
a dispute between the employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
(iii) It is a
purpose of this procedure that normal work will continue while the above is being
followed. No party shall be prejudiced as to final settlement by the
continuance of work in accordance with the procedure.
19. Redundancy
(a) Notice of
Redundancy
Where the company has made a definite decision that a
certain number of positions are to be made redundant and this is not due to
ordinary and customary turnover of labour then the company undertakes to
provide the maximum possible period of notice to the employee/s concerned.
(b) Method of
Selection
It is the aim of the company and accepted by the union
that the company’s continued operations is of primary concern. It is clear that
the company must be viable to ensure continued employment opportunities. Any
redundancies must be approached in this light. Where the company has made a definite
decision that it no longer wishes the job/s to be performed by anyone then:
(i) The company
will seek expression of interest from employee/s concerned as to a possible
offer of voluntary redundancy.
(ii) When or if
redundancy situation occurs, the company will approach all persons who have
made expressions of interest and confirm this acceptance in writing. Upon
request by the employee/s, service details shall be supplied.
(iii) The company
reserves the right not to agree to all acceptances of voluntary redundancies in
situations where the employee skill, flexibility and competency are needed for
the ongoing business requirements.
(iv) The company
will select employees from the voluntary redundancies first, as outlined in
(i), (ii) and (iii) above, however, if insufficient numbers accept voluntary
redundancy, the company will then select employees to be made redundant
according to skills, flexibility, competency and to meet the company’s
requirements.
The following terms only apply to those employed as at the
16th October 2000.
(c) Redundancy
Payments
The company at all times works to avoid redundancies,
however, if changes in the business necessitates a reduction in the numbers or
structure of positions in the company, the following shall apply:
(i) An employee
who is made redundant receives 4 weeks pay at ordinary time rate of pay (i.e.,
excluding shift penalties, overtime and allowances). This payment shall be in
lieu of any notice.
(ii) An employee who
is made redundant receives 4 weeks pay at ordinary time rate of pay for each
completed year of service. A pro-rata payment for incomplete year of service
shall be paid as follows:
|
Up to six months
|
Nil
|
|
Over 6 months up to 9 months
|
2 weeks
|
|
Over 9 months up to 12 months
|
3 weeks
|
|
The maximum payment shall not
exceed
|
64 weeks.
|
(iii) An employee
of the Ajax business acquired by APS Chemicals, and subsequently acquired by
Waterco Limited Chemical Division will be credited with years of service
accumulated and transferred from the previous employer.
(iv) Each employee
who is made redundant shall receive payment of all untaken accumulated sick pay
on the date of their termination.
(v) Each employee who
is made redundant shall receive annual leave entitlements and pro-rata annual
leave loading.
(vi) Long service
leave shall be paid according to the appropriate legislation.
(vii) Superannuation
payments will be made in accordance with the term of the trust deeds.
The above redundancy package will be available to employees
who are made redundant and continue to work until the effective date of
termination.
(d) Misconduct
Misconduct will negate redundancy entitlements.
The redundancy provisions of the Chemical Workers (State
Award) apply to those employed after the 16th October 2000.
20. Area, Incident
and Duration
The terms and conditions of this Award shall be read in
conjunction with the terms and conditions of the Chemical Workers (State) Award
except that where an inconsistency occurs the terms and conditions of this
Award will prevail to the extent if the inconsistency over the parent Award.
The Award shall come into force from the first pay period on
or after 12 August 2004 and remain in force for a period of two years.
21. No Extra Claims
The union and employees bound by this Award will not pursue
any claims for the duration of this Award including, any wage increases arising
from Award variation or decisions of the commission.
22. Anti-Discrimination
Clause
(1) It is the
intention of the parties bound by this award to seek to achieve the objective
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, gender, marital status, disability, sexuality, transgender identity and
age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by 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 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."
23. Personal - Carers
Leave
(i) Use of Sick
Leave
(a) An employee, other
than a casual employee, with the responsibilities in relation to a class of
person set out in (c)(2) who needs the employees care and support shall be
entitled to use, in accordance with this subclause, any current or accrued sick
leave entitlement provided for at clause 10, 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 employees
shall, if required, establish by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person. In normal circumstances, an employee must
not take carer’s leave under this subclause where another person has taken
leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) The employee
being responsible for the care and support of the person concerned; and
(2) The person
concerned being:
(i) a spouse of
the employee; or
(ii) 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
(iii) 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 of the
employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of the employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is member of the same household, where for the purpose of this
paragraph:
(a) "relative"
means a person related by blood, marriage or affinity;
(b) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(c) "household"
means a family group living in the domestic dwelling.
(d) 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 their
relationship to the employee, the reasons for taking such leave and the
estimated time 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.
(ii) 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 (i)(c)(2) above who is ill.
(iii) Annual Leave
(a) Subject to the
Annual Holidays Act 1944, an employee may elect, with the consent of the
employer, 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) above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(iv) 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 twelve
(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 the 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.
(v) 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 during 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.
(vi) 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) Where the
employer and the employee agree, rostered days off may be accumulated which
occur as a result of employees working in accordance with the provisions of
this subclause. These accumulated days may be taken at any time mutually agreed
between the employer and the employee.
(d) 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 the employee, or subject to reasonable notice
by the employee or the employer.
(e) This subclause
is subject to the employer informing the union if it has members employed at
the particular enterprise of its intention to introduce an enterprise system of
RDO flexibility, and providing a reasonable opportunity for the union to
participate in negotiations.
24. Bereavement Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death in Australia of a
person as prescribed in subclause (iii) of this clause. Where the death of a
person as prescribed by the said subclause (iii) occurs outside Australia the
employee shall be entitled to two days bereavement leave where such employee
travels outside Australia to attend the funeral.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) 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 as set out in
subparagraph (ii) of paragraph (c) of subclause of clause 23, Personal/Carer’s
Leave, provided that, for the purpose of bereavement leave, the employee need
not have been responsible for the care of the person concerned.
(iv) An employee
shall be entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(ii), (iii), (iv), (v) and (vi) of the said clause 23. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
25. Superannuation
On or before the twenty eighth day of each month Waterco
Limited Chemical Division will pay into the Waterco Limited, AXA Australia
tailored superannuation fund, the total sum of the weekly contribution amounts
accrued the previous month on behalf of each employee, in addition to any other
voluntary contribution made in respect of superannuation.
The "Employer’s Contributions" will be made in
accordance with the percentages specified in the following table:
|
Year
|
Percentage
|
|
|
|
|
2002-2003
|
9
|
|
2003-2004
|
9
|
The "Employer’s Contributions" will be fully vested
in each employee’s name and be subject to preservation and portability
requirements of the Australian Government Occupational Superannuation
Guidelines.
26. Rehabilitation
Provider
The company utilises the services of Recovre, a subsidiary of
Allianz, for employees requiring rehabilitation. The Australian Workers Union
recommends Australian Injury Management Pty Ltd. Notwithstanding, the parties
understand that the employee reserves the right, under the Act, to choose an
alternate rehabilitation provider. The most convenient location for
rehabilitation can be negotiated to ensure best accessibility for each
employee.
P. BOLAND J.
____________________
Printed by
the authority of the Industrial Registrar.