LHMU & TASMAN INSULATION AUSTRALIA PTY LTD ENTERPRISE AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Liquor Hospitality and Miscellaneous Workers Union, NSW Branch, an industrial organisation of employees.

 

(No. IRC 4226 of 2004)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.      Subject Matter

 

1.         Arrangement

2.         Hours

3.         Allowances

4.         Meal Breaks

5.         Wages

6.         Training

7.         Multi-Skilling

8.         Consultative Committee

9.         Overtime

10.       Saturday, Sunday and Holiday Work

11.       Holidays

12.       Meal Allowances

13.       Mixed Functions

14.       Contract of Employment

15.       Annual Leave

16.       Long Service Leave

17.       Sick Leave

18.       Personal/Carers Leave

19.       Payment of Wages

20.       General Conditions

21.       Dispute Settlement Procedure

22.       Compassionate Leave

23.       Attendance at Repatriation Centres

24.       Trade Union Training

25.       Productivity Improvements

26.       Redundancy

27.       No Extra Wage Claims

28.       Superannuation

29.       Anti-Discrimination

30.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Classifications and Wages

Table 2 - Other Rates and Allowances

 

2.  Hours

 

2.1        Day Workers:

 

The ordinary hours of work shall be a average of thirty eight per week to be worked in five days of eight hours each, Monday to Friday, inclusive, between 6.00am and 6.00pm, other than at the St Mary’s and Rooty Hill warehouses where the dayshift spread of hours shall be between 5am and 3.30pm, inclusive.

 

2.2        Shift Workers: For the purposes of this clause:

 

2.2.1     Afternoon Shift means any shift finishing after 6.00pm and at or before midnight.

 

2.2.2     Continuous Work means work carried on with consecutive shifts throughout the twenty-four hours of each of at least six consecutive days without interruption, except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

 

2.2.3     Night Shift means any shift finishing after midnight and not later than 8.00am.

 

2.2.4     Rostered Shift means a shift of which the employee concerned has had at least forty-eight hours notice.

 

2.3        The ordinary hours of such shift workers shall not exceed:

 

8 in any one day; or

 

an average of 38 in one week; or

 

an average of 76 in 14 consecutive days; or

 

an average of 152 in 28 consecutive days.

 

2.4        The ordinary hours of work for day workers and shift workers shall be worked so as to give each employee a paid rostered day off (RDO) duty as though worked in the fourth week of the roster cycle.  The parties to this award accept the need for total flexibility in the taking of RDO's and agree to their accumulation and/or substitution for another day/s on an individual employee basis by mutual agreement to facilitate maximum plant efficiency.

 

2.5        Subject to the following conditions such shift workers shall work at such times as the employer may require -

 

2.5.1     A shift shall consist of not more than eight hours, inclusive of crib time;

 

2.5.2     except at the regular changeover of shifts an employee shall not be required to work more than one shift in each twenty-four hours.

 

2.6        The time of commencing and finishing shifts once having been determined by the employer to suit the circumstances of the establishment may only be varied by seven days' notice of alteration given by the employer to the employee.

 

2.7        Forty-eight hours notice shall be given to an employee when required to change his/her place on a shift roster or to change from day work to shift work, provided that by agreement with the employee twelve hours notice may be given in lieu of forty-eight hours, and in the absence of such notice (or agreement) overtime rates shall be paid for the unexpired portion of such forty-eight hours; Provided, however, that in cases of emergency over which the company has no control, the hours of shifts and hours of work for any employee may be altered without notice.

2.8        Any employee on continuous shift work is required to remain at his/her post at the end of the shift for a period of up to one hour till relieved. All time so spent after the normal finishing time shall be paid as overtime.

 

2.9        Notwithstanding anything contained elsewhere in this award where, by reason of the legislation of the State, summer time is prescribed as being in advance of the standard time of the State, the length of any shift:

 

commencing before the time prescribed by the legislation for the commencement of a summer time; and

 

commencing on or before the time prescribed by such legislation for the termination of a summer time period,

 

shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the relevant State legislation.  In this subclause, the expressions "standard time" and "summer time" shall bear the same meanings as are prescribed by the relevant State legislation.

 

3.  Allowances

 

3.1        Shift Workers whilst on afternoon shifts shall be paid 15 per cent more than the ordinary day shift rates, and 17½ per cent more than the ordinary day shift rates for night shifts.

 

3.2        Any employee who during a period of engagement of shift, works night shift only; or remains on night shift for a longer period than four consecutive weeks; or works on a night shift which does not rotate or alternate with another shift or with day work so as to give him/her at least one-third of his/her working time off night shift in each cycle, shall during engagement, period or cycle, be paid at the rate of 30 per cent extra for all time worked during ordinary working hours on such night shifts.

 

3.3        The minimum rate to be paid to any shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Provided that all ordinary time worked on a rostered shift, the greater part of which falls on a Saturday, shall be paid at time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift provisions prescribed in subclauses 3.1 and 3.2 of this clause.

 

4.  Meal Breaks

 

4.1        Day workers shall be allowed a break of half an hour for a meal on each day of the week, Monday to Friday, inclusive. The period during which such meals shall be taken, when once fixed, shall not be altered without seven days' notice being given by the employer to his/her employees, except by mutual agreement between the employer and the union delegate.

 

4.2        Any employee called upon to work during the ordinary meal break shall be paid overtime rates for all such time worked; provided that in case of an emergency, where it is necessary to work up to fifteen minutes after the usual ceasing time for lunch, this provision shall not apply.

 

4.3        In the event of any employee being allowed a period less than thirty minutes for the purpose of having a meal, no deduction shall be made for time so spent by the employee in having a meal.

 

4.4        Shift workers shall be allowed twenty minutes each shift for crib, which shall be counted as time worked. Such crib break shall be taken not later than six hours from the commencement of each shift.

 

4.5        An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that an employer shall not be required to make any payment in respect of any time allowed in excess of twenty minutes.

 

4.6        Employees shall be supplied with facilities for boiling water or with boiling water.

 

4.7        Employees shall be entitled to a period of ten minutes in the morning, or once each shift, as a tea break, provided that there is no interruption to the work process.

 

4.8        An employee required to work overtime for two hours or more after the usual ceasing time shall be allowed twenty minutes crib break to be paid at overtime rates prior to commencing such overtime.

 

5.  Wages

 

5.1        The weekly rate of pay for adult employees shall be the rate for the classifications as set out in Table 1 - Classifications and Wages, of Part B - Monetary Rates.

 

5.2        Classification Structure:

 

The classifications are as per the Classification Structure set out in Table 1 - Classifications and Wages, of Part B, Monetary Rates.

 

5.2.1     The classification of employees will be based on the skills required for the position they are appointed to.

 

5.3        Probationary Period:

 

When an employee is transferred to a higher skills level that transfer shall be subject to a probationary period of one month's satisfactory performance of skills at that level.

 

5.3.1     New employees will be hired on a basis of a one month probationary period of satisfactory performance of skills at which they were employed.

 

5.3.2     All employees will assist other employees in gaining new skills and carry out training of such employees as required.

 

5.3.3     It is not compulsory that existing employees increase their individual skill levels.

 

5.3.4     An employee acquiring new skills (or assessed as currently holding certain skills) will be required to exercise such skills to be paid at the appropriate skill level.

 

5.3.5     All employees will be given the opportunity to acquire new skills on a fair and equitable basis subject to the requirement of the company that certain skills must be acquired and carried out at each skill level.

 

5.4        Casual Employment:

 

A casual employee is one engaged and paid such.  A casual employee for working ordinary time shall be paid per hour one thirty-eighth of the weekly wage prescribed by this award for the work performed, plus 20 per cent.

 

5.5        Tenure Allowance:

 

5.5.1     In addition to the rates prescribed in Clause 5.1 there will be an increment as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B Monetary Rates, operative after three weeks employment with a further amount as set out in Item 2 of the said Table 2, payable after six months employment and a further amount as set out in Item 3 of the said Table 2, payable after twelve months employment.

5.5.2     In addition to the rates prescribed in subclause 5.4.1 of this clause there will be an increment of an amount as set out in Item 4 of the said Table 2, operative after two years employment with a further amount as set out in Item 5 of the said Table 2, operative after three years employment.

 

5.5.3     Permanent Maintenance employees are entitled to tenure allowance as prescribed in this clause.

 

5.6        Forklift Allowance

 

5.6.1     Employees qualified as fork lift drivers will be paid an amount as set out in Item 6 of the said Table 2, in addition to the aforementioned rates; Provided that only four employees per shift shall be paid this allowance.

 

5.7        Operative Dates: The operative dates of the wage and allowances rates are contained in Part B of this award and apply in 3 intervals of 12 months each, commencing from 22 June 2004.

 

6.  Training

 

6.1        All employees covered by this award maybe required to undertake training, as nominated by the company, appropriate to their skill levels or in order to be transferred to a higher skill level.

 

6.2        Where possible such training shall be carried out on a day shift during an employee's ordinary working hours.

 

6.3        Employee's may be transferred from afternoon shift to day shift to undertake specified training, such transfer to be without loss of pay.

 

6.4        An employee may be required to undertake training for up to two hours prior to the commencement of a shift or up to two hours after the completion of a shift; such time to be treated as time worked and paid at ordinary time rates of pay and the provisions of Clauses 9 - Overtime and Clause 12 - Meal Allowances, shall not apply to such time worked.

 

6.5        After completion of any scheduled training on a daily basis, each employee shall be given at least 8 hours off duty (excluding travelling time) before there is a requirement to resume ordinary hours.  Provided that where an employee is rostered to work on the shift on which the training is undertaken then the said employee shall resume normal duties until the completion of such shift.

 

6.6        Relief arrangements for training purposes shall be organised at the discretion of the company.

 

6.7        Where training is conducted off site during normal working hours such time shall be treated as ordinary time worked.  Provided that reasonable travelling expenses shall be paid.

 

6.8        Where an employee is required to undertake a course at a TAFE college outside normal working hours such time shall not count as time worked; however any reasonable expenses associated with such course shall be paid by the employer.  Provided that where necessary shift workers shall be granted time off to attend such course where it is held during an employees rostered shift.  Such time is to count as time worked.

 

6.9        Rostered Days Off may be re-scheduled to fit in with training schedules by mutual agreement between the company and the employee.

 

7.  Multi-Skilling

 

7.1        Where an employee is required to carry out adjustments and basis maintenance work to production machinery (either in conjunction with maintenance personnel or independently as agreed), such work will only be required to the level of the employees skill, competency and training and as long as it is does not affect the health and safety of the employees or breach statutory requirements.

 

8.  Consultative Committee

 

8.1        A Consultative Committee will be established and will comprise of:

 

The workshop Supervisor and;

 

The workshop Job Delegate (or his/her nominee);

 

Other persons as agreed to by both parties

 

Management Representative/s as delegated.

 

8.2        The Consultative Committee shall have the following:

 

8.2.1     Assess each position to identify the skills required to efficiently perform the tasks involved.  The document created to reflect this information will be referred to as the Classification Skills Register.

 

8.3        Each employee will be assessed to identify the level of skill that he/she has in each of the individual skills that are listed within his/her classification.  The document created to reflect this information will be referred to as the Skills Matrix.

 

8.4        The assessment ratings to be used will be 1, 2 and 3.  A rating of 1 identifies the employee as being unskilled in the activity and requiring full training.  A rating of 2 identifies the employee as having the basic skills to perform the task/s.  A rating of 3 identifies the employee as being comprehensively skilled in all aspects of the specific activity.

 

8.5        The Consultative Committee will review the Training Program which will be introduced to enable the implementation of the skills structure contained in Clause 6 - Training and 7 - Multi-Skilling.

 

8.6        All minutes of the Consultative Committee will be posted on the factory notice board.

 

8.7        Decisions of the Consultative Committee will be final provided that in the event of a serious dispute the Management and the Union shall be involved in resolving the matter.

 

8.8        The company supports regular meetings of the Consultative Committee being held bi-monthly or on an as required basis.  Those meetings would address various issues as described in this award but would not be limited to only those issues providing that the standard processes have been addressed in the first instance.

 

9.  Overtime

 

9.1        Day Workers: All time worked before the usual starting time or after the usual finishing time, or in excess of the hours prescribed in Clause 2 - Hours, shall be overtime and shall be paid for at the rate of time and one half for the first two hours and double time thereafter.  Each day shall stand alone and all overtime shall be paid for not later than the following pay day.

 

9.2        An employee recalled to work after having left the premises shall be paid a minimum of four hours at the appropriate rate.

 

9.3        Shift Workers: Shift workers for all time worked in excess of or outside the ordinary working hours prescribed in this award or on a shift other than a rostered shift shall -

 

9.3.1     for employees employed on continuos work be paid at the rate of double time; or

 

9.3.2     if employed on other shift work be paid at the rate of time and a half for the first two hours and double time thereafter.

 

9.3.3     except in each case when the time worked -

 

9.3.4     by arrangement between the employees themselves;

 

9.3.5     for the purpose of affecting customary rotating of shifts.

 

10.  Saturday, Sunday & Holiday Work

 

10.1      All time worked by employees (other than seven-day shift workers) on Sundays shall be paid for at the rate of double time and for holidays at the rate of double time and a half; Provided that time worked by a shift worker between the usual starting time of the shift and midnight on any Sunday or holiday shall be deemed to be time worked on a Sunday or holiday;  Provided further, that where the major portion of a shift is worked on a Sunday or holiday the whole of that shift shall be regarded as the Sunday or holiday, as the case may be, and paid for as such.

 

10.2      There shall be a minimum payment of 4 hours at the appropriate rate for time worked on a Saturday, Sunday or holiday, provided that such payment shall not apply to work which continuous with work done on the previous or following day; Provided further that such payment shall not apply to ordinary time worked by a seven-day shift worker.

 

10.3      All ordinary time worked by seven-day shift workers on a Saturday shall be paid for at the rate of time and one half.

 

10.4      All ordinary time worked by seven-day shift workers on a Sunday shall be paid for at the rate of double time.

 

11.  Holidays

 

11.1      The following days or the days upon which they are observed shall be holidays; New Year' Day, Australia Day, Good Friday, Easter Monday, Easter Saturday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day and Boxing Day, together with all other proclaimed or gazetted public holidays in the district in which they apply and the annual picnic day of the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, which shall for the purposes of this award, be deemed to be the 24th of December each year for the previous work day or shift.

 

11.2      Were a holiday occurs on the rostered day off of a seven-day shift worker, and:

 

11.2.1               he/she is not required to work on that day the employer shall pay such employee eight hours' ordinary pay in respect of such pay;

 

11.2.2               he/she is required to work on that day the employer shall pay such employee at the rate of double time and one half for all hours worked with a minimum payment of four hours.

 

11.3      The employer may, in lieu of the payment of eight hour's ordinary pay prescribed in subclause 11.1, of this clause, add a day to the annual leave period.

 

12.  Meal Allowances

 

12.1      An employee required to work overtime for two hours or more before or after the usual ceasing time shall be paid an amount as set out in Item 7 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for a meal.  Any employee required to work a further four hours overtime shall be paid a further sum set out in Item 8 of the said Table 2.  If an employee has provided a meal and is not required to work overtime he/she shall be paid an amount set out in Item 9 of the said Table 2, for the second meal provided and the amount as set out in Item 10 of the said Table 2, for the second meal provided.

 

12.2      Provided further that where an employee has been notified on the previous day or shift that he/she will be required to work overtime, there will be no entitlement to the payment of a meal allowance.

 

13.  Mixed Functions

 

13.1      An employee engaged for more than two hours on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day or shift.  An employee who is required temporarily to perform work for which lower rate is paid shall not suffer any reduction in his/her wages whilst so employed; Provided that any work of less than one week's duration shall be deemed to be temporary.

 

14.  Contract of Employment

 

14.1      After the first three weeks of continuous service, employment shall be by the week and maybe terminated by a week's notice on either side or by payment or forfeiture, as the case may be, of one week's wages in lieu of such notice.  Provided that the employer may dismiss any employee at any time for misconduct or wilful disobedience and shall be liable then for the payment of ordinary rates up to the time of dismissal only.

 

14.2      Employment for the first three weeks of continuous service shall be from day to day at a proportion of the weekly rate fixed.  Provided that if any employee is dismissed by the employer during this period, he/she shall be paid at the casual rate.

 

14.3      Abandonment of Employment:

 

14.3.1               The absence of an employee from work for a continuous period exceeding three working days without consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned his employment.

 

14.3.2               Provided that if, within a period of fourteen days from his/her last attendance at work or the date of his/her last absence in respect of which notification has been given or consent has been granted, an employee has not established to the satisfaction of his/her employer that he/she was absent for reasonable cause, he/she shall be deemed to have abandoned his/her employment.

 

14.3.3               Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the latter.

 

14.3.4               Nothing in this clause shall affect the right of the employer to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppages of work by any cause for which the employer cannot reasonably be held responsible.

 

14.4      Upon request by any employee, the employer shall give an employee a signed statement of service upon termination. Such statement shall certify the period of commencing and ceasing employment, and the class of work upon which the employee was employed.

 

14.5      Notwithstanding the provisions of subclauses 14.1 and 14.2, of this clause, where on account of the introduction or proposed introduction by an employer of mechanisation or technological changes in the industry in which he/she is engaged, the employer terminates the employment of an employee who has been employed by him/her for the preceding twelve months, he/she shall give the employee three months' notice of the termination of his/her employment:  Provided that, if he/she fails to give such notice in full:

 

14.5.1               he/she shall pay the employee at the rate specified for the employee's ordinary classification as set out in Table 1 - Classifications and Wages, of Part B, Monetary Rates, for a period equal to the difference between three months and the period of the notice given, and

 

14.5.2               the period of notice required by this subclause to be given shall be deemed to be service with the employer for the purpose of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of those Acts; and provided further that the right of the employer summarily to dismiss an employee for the reasons specified in subclause 14.1 of this clause shall not be prejudiced by the fact that the employee has been given notice pursuant to this subclause of the termination of his/her employment.

 

Where an employer gives to an employee notice of the termination of his/her employment on account of the introduction or proposed introduction of mechanisation or technological changes, within fourteen days thereafter he shall give notification in writing to the Industrial Registrar, the Director of Vocational Guidance, the Director of Technical and Further Education and the Secretary of the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, of the fact, stating the employee's name, address and usual occupation and the date when the employment terminated or will terminate in accordance with the notice given.

 

15.  Annual Leave

 

15.1      See Annual Holidays Act 1944.

 

15.2      In addition to the annual leave hereinbefore prescribed, seven-day shift workers, that is shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed seven consecutive days' leave including non-working days.

 

15.3      Where an employee with twelve months' continuous service is engaged for part of the twelve-month period as a seven-day shift worker he/she shall be entitled to have the period of twenty-eight consecutive days' annual leave increased by three and one-third hours for each completed month he/she is continuously engaged as aforesaid.

 

15.4      Where the employment of a seven-day shift worker is terminated and he/she thereby becomes entitled, under Section 4 of the said Act, to payment in lieu of an annual holiday with respect to a period of employment, he/she also shall be entitled to an additional payment of three and one-third hours at such ordinary rate of pay for each completed month of service as a seven-day shift worker.

 

15.5      Payment for annual leave taken by employees other than seven-day shift workers pursuant to the provisions of subclause 14.1 of this clause, shall be at the ordinary weekly rate plus 17.5 per cent. Payment for annual leave taken by a seven-day shift worker pursuant to the provisions of subclauses 14.2 and 14.3 of this clause, shall be at the average rate of pay as if working, including shift allowances and weekend penalty rates, but not including overtime or a loading of 17.5 per cent, whichever is the greater.

 

16.  Long Service Leave

 

See Long Service Leave Act 1955.

 

17.  Sick Leave

 

17.1      The employee shall, where practicable prior to the commencement of the shift, or in any case within 24 hours of the commencement of such absence inform the company of the employees inability to attend for duty and, as far as possible, state the nature of the injury or illness and the estimated duration of the absence.

 

17.2      Any employee with not less than three months' service who does not attend for duty by reasons of personal ill-health shall be allowed ordinary rates for the actual time of such non-attendance:  Provided that in respect of absences in excess of the first two single day absences in each service year he/she produces or forwards within twenty-four hours of the commencement of such absence evidence satisfactory to the management (which may include a Statutory Declaration) that his/her non-attendance was due to personal ill-health.

 

17.3      An employee shall not be entitled to any allowance on this ground for more than -

 

17.3.1               5 days in the first years service;

 

17.3.2               10 days in the second and subsequent service years

 

Sick leave allowable under this clause may accumulate subject to continuous employment from year to year and be claimed upon by the employee as the occasion warrants.

 

17.4      No payment shall be made to employees on discharge or resignation in respect of accumulated sick leave.

 

17.5      Personal ill health does not include ill health the result of misconduct.

 

18.  Personal/Carers Leave

 

18.1      Use of sick leave:

 

18.1.1               An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 18.1.3.2, 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 17 - 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.

 

18.1.2               The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

18.1.3               The entitlement to use sick leave in accordance with this subclause is subject to:

 

18.1.3.1            the employee being responsible for the care of the person concerned; and

 

18.1.3.2            the person concerned being:

 

a spouse of the employee; or

 

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

 

a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

relative means a person related by blood, marriage or affinity;

 

affinity means a relationship that one spouse because of marriage has no blood relatives of the other; and

 

household means a family group living in the same domestic dwelling.

 

18.1.3.3            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.

 

18.2      Unpaid Leave for Family Purpose:

 

18.2.1               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 subclause 18.1.3.2 who is ill.

 

18.3      Annual Leave:

 

18.3.1               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 of part thereof, in any calendar year at a time or times agreed by the parties.

 

18.3.2               Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

18.3.3               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.

 

18.4      Time off in Lieu of Payment for Overtime:

 

18.4.1               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.

 

18.4.2               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.

 

18.4.3               If, having elected to take time as leave in accordance with paragraph 17.1.1 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.

 

18.4.4               Where no election is made in accordance with the said paragraph 18.4.1 the employee shall be paid overtime rates in accordance with the award.

 

18.5      Make-up time:

 

18.5.1               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.

 

18.5.2               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.

 

18.6      Rostered Days off:

 

18.6.1               An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

18.6.2               An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

18.6.3               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.

 

18.6.4               This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

19.  Payment of Wages

 

19.1      All wages and overtime shall be processed not later than Thursday in each week.

 

19.2      Where the employment is terminated before the regular pay time the employee shall be paid all monies due as soon as reasonably possible thereafter.

 

20.  General Conditions

 

20.1      Suitable lavatory accommodation, dressing rooms and lockers shall be provided by the employer for all employees.

 

20.2      A lunch room shall be supplied by the employer, separate from any dressing rooms, for the accommodation of the employees.

 

20.3      Hot and cold showers shall be provided by the employer

 

20.4      All employees shall be issued with three pairs of work trousers and three shirts per year, the first clothing allowance to be issued after two weeks' service. In addition to the above all employees shall be entitled to one pair of boots per year and one sloppy joe or one jacket alternating each year.

 

20.4.1               The laundering of the work clothing will be the responsibility of the employee;

 

20.4.2               work clothing will remain the property of the Company;

 

20.4.3               a laundry allowance as set out in Item 11 of Table 2 - Other Rates and Allowances, of Part B Monetary Rates, shall be paid to employees required to launder their work clothing in accordance with this subclause.

 

20.5      Day workers shall be allowed ten minutes before ceasing time for the purpose of washing.

 

20.6      Where necessary for the performance of their duties, employees shall be provided with and shall wear suitable protective clothing, footwear or equipment as the company considers is necessary for the job. Any such clothing, footwear or equipment so issued, shall remain the property of the company.

 

20.7      Where any articles issued under the provisions of this clause are not returned to the company upon termination of the employment of any employee, the company may deduct the cost of replacing those articles from any monies owing to the employee.

 

20.8      As part of the Company's Warehouse Extension Proposal, the company shall provide a covered and sealed car park for employees.  This is planned to commence in the year 2001, with completion in 2002, subject to development approval.

 

20.9      An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St. Johns Ambulance or similar body shall be paid a hourly allowance as set out in Item 12 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates for each hour worked, whether ordinary time or overtime, if appointed by their employer to perform first aid duty

 

20.10    An employee who has been trained as a Fire Warden and has the appropriate fire fighting skills and knowledge shall be paid a hourly allowance as set out in Item 13 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates for each hour worked, whether ordinary time or overtime, if appointed by their employer to perform Fire Warden duty.

 

20.11    The employer shall make available to all employees the option of taking advantage of an income protection policy as agreed to between the parties and which shall include coverage for pre-existing conditions.  The employer shall contribute an amount equal to 0.5% of gross earnings (calculated for Superannuation purposes) and the balance shall be funded from the employee's superannuation fund management fees and have no effect on the gross or net income of any employee who elects to take up the option.

 

20.12    Truck Loading - a permanent employee will be assigned to the Glasswool production line to co-ordinate the disposition of production output from the line into awaiting trucks or warehouse bays.  The appointee will participate in all glasswool production line rotational activities.

 

21.  Dispute Settlement Procedure

 

21.1      Where a conflict or a dispute arises, the parties to this Award agree to adopt the following procedure:

 

21.1.1               As soon as practicable after the issue or claim has arisen, it shall be considered jointly by the appropriate supervisor, the employee or employees concerned and the union delegate who shall attempt to settle the dispute.

 

21.1.2               If the dispute is not resolved, the issue or claim shall be considered jointly by the appropriate senior management representative in conjunction with the union delegate who shall attempt to settle the dispute.

 

21.1.3               If the dispute is not resolved the issue or claim shall be considered jointly by the employer and an official of the union who shall attempt to settle the dispute.

 

21.1.4               If the dispute is not resolved, the dispute may then be notified to the Industrial Relations Commission of New South Wales.

 

21.1.5               Without prejudicing either party as to final settlement, normal work should continue throughout the above procedures, save and except for issues of genuine safety.

 

21.1.6               The above procedures are established and agreed to between the parties in order to minimise the effects of industrial disputes and are entered into a measure and commitment to this effect without limiting the rights of either party.

 

22.  Compassionate Leave

 

22.1      An employee shall, on the death of a person prescribed in subclause 18.1.3.2, be entitled to leave including the day of the funeral of such relation.  Such leave for a period not exceeding two days in respect of any such death shall be without loss of any ordinary pay which the employee would have received if he/she had not been on such leave.

 

22.2      The right to such paid leave shall be dependent on compliance with the following conditions:

 

22.2.1               Satisfactory evidence of such death shall be furnished by the employee to his/her employer; and

 

22.2.2               the employee shall not be entitled to leave under this clause in respect of any period which coincides with any other period of leave entitlement under this award or otherwise.

 

22.3      Bereavement Leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Clause 18.1.3.2 Personal/ Carer's Leave, provided that the purpose of bereavement leave, the employee need not have been responsible for the car of the person concerned.

 

22.4      Provided further, an employee on weekly hiring shall be entitled to a maximum of three days' leave without loss of pay on each occasion and on the production of satisfactory evidence of the death outside Australia of an employee's husband, wife, child, father or mother and where such employee travels outside Australia to attend the funeral.

 

22.5      In the case of a memorial service being held within Australia, two days' leave shall be granted.  Where a memorial service is held on the anniversary of the death of a defined relative, one days' leave shall be granted.

 

23.  Attendance at Repatriation Centres

 

23.1      Employees, being ex-service personnel, shall be allowed, as time worked, lost time incurred whilst attending repatriation centres for medical examination and/or treatment; Provided that -

 

23.1.1               such lost time does not exceed eight hours on each occasion;

 

23.1.2               payment shall be limited to the difference between ordinary wage rates for time lost and any payment received from the Repatriation Department as a result of such visit;

 

23.1.3               the employee produces satisfactory evidence to the employer that he/she is so required to and subsequently does attend a repatriation centre.

 

24.  Trade Union Training

 

24.1      The delegate shall be entitled to a maximum of three days' leave per year, paid for by the Company, for the purpose of attending courses operated by the Trade Union Training Authority.

 

25.  Productivity Improvements

 

25.1      Productivity improvements from the last award will continue until they are implemented consistent with the commitment given by the parties.

 

25.2      During the life of this award the parties are committed to the development and investigation of:

 

25.2.1               introduction of new and existing equipment

 

26.  Redundancy

 

26.1      Application and Definition:

 

26.1.1               The provisions of this clause shall apply to employees of Tasman Insulation Australia Pty Limited covered by this award.

 

26.1.1.1            a general downturn in activities brought about by a decline in market demand or unavailability of resources or materials;

 

26.1.1.2            restructuring of Tasman Insulation Australia Pty Limited operations, reorganisation of work systems or staffing levels; and

 

26.1.1.3            mechanisation or technological change.

 

26.1.2               Redundancy occurs where Tasman Insulation Australia Pty Limited has made a definite decision that it no longer wishes the job that the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour.

 

26.1.3               Retrenchment shall mean the termination of employment as the result of redundancy and where alternative employment is not available or retraining appropriate.

 

26.1.4               The parties agree that termination benefits in excess of the relevant award provision will only be payable in circumstances of retrenchment and be subject to the following conditions. Provided further that no retrenchment shall apply where alternative comparable employment is offered by the Company in accordance with subclause 26.5 of this clause or where an employee is terminated for reasons other than those specified in subclauses 26.1.1.1, 26.1.1.2 and 26.1.1.3 of this clause.

 

26.2      Consultation and Selection Process:

 

In determining the employees to be retrenched, Tasman Insulation Australia Pty Limited will consult with the appropriate union and the Joint Consultative Committee (JCC).  Decisions will, wherever possible, be made by consensus; however, where consensus cannot be reached, managerial responsibility and prerogative will prevail.  The selection criteria will be primarily based on the following:

 

Length of service (i.e., the shortest-term employee shall be considered).

 

Skill and versatility.

 

Voluntary retrenchments (will depend on Tasman Insulation Australia Pty Limited skill needs).

 

Affirmative action criteria.

 

Ability to transfer to other locations.

 

All parties will adhere to the requirements of the (relevant) State workers' compensation Act in relation to employees suffering work-related incapacities and disabilities.

 

Unless agreement is reached between Tasman Insulation Australia Pty Limited and the unions, casuals will not be retained when permanent employees are to be retrenched.

 

26.3      Period of Notice:

 

26.3.1               Tasman Insulation Australia Pty Limited will consult employees and the appropriate union at the earliest opportunity should the circumstances provided for in subclause 26.1 of this clause arise.  Tasman Insulation Australia Pty Limited will endeavour to give no less than one month's notice of pending redundancy.

 

26.3.2               Tasman Insulation Australia Pty Limited will provide an itemised statement of all retrenchment payments, if any, due to an employee who is under notice of redundancy.  The Employee will receive this within seven days of receiving notice.

 

26.3.3               Tasman Insulation Australia Pty Limited will give a minimum of four weeks formal notice or pay in lieu of notice to affected employees.  The period of notice will be increased by one week if the affected employee is over 45 years of age and has completed at least two years' continuous service with Tasman Insulation Australia Pty.

 

26.3.4               Tasman Insulation Australia Pty Limited should not, within a period of 12 weeks prior to any retrenchments, knowingly transfer an employee into a position which is to become redundant.

 

26.4      Employees Under Notice:

 

An employee who has been given formal notice of retrenchment may, with the agreement of Tasman Insulation Australia Pty Limited elect to resign prior to the effective date of the employee's retrenchment notice.  In such cases, any payments arising under this subclause will be calculated to the date the resignation takes effect.  Tasman Insulation Australia Pty Limited shall not unreasonably withhold agreement.  The employee will not be entitled to the balance of the unexpired notice but will be entitled to the benefits prescribed under subclause 26.14.

 

26.5      Alternative Position:

 

Where Tasman Insulation Australia Pty Limited has made positions redundant at one site for the reasons set out in subclauses 26.1.1.1, 26.1.1.2 and 26.1.1.3 of this clause, Tasman Insulation Australia Pty Limited will attempt to place any employee(s) in a position comparable in capacity or character.  That is, a position which is at the same classification level, which in Tasman Insulation Australia Pty's Ltd opinion does not entail a change significant enough in capacity or character to be unreasonable in the circumstances of the employee's skills and abilities and which is at the same location or at another location which is reasonable commuting distance.  In these circumstances, no retrenchment has taken place and no retrenchment payment will be made.

 

26.5.1               Where the employee is offered employment at the same site, a one-month trial period shall be allowed, during which the employee can decline the offer.

 

26.5.2               Where the employee is offered employment at a different location, a three-month trial period shall be allowed, during which the employee can decline the offer.

 

If the employee declines the offer within the trial period, the employee will be retrenched as per this award.  Following expiration of the trial period and in the absence of written advice to the contrary, the employee will be deemed to have accepted the position and have no entitlement to a retrenchment payment.

 

26.6      Wage Rate Maintenance in Alternative Positions - When an employee accepts a position within Tasman Insulation Pty Limited at a lower rate of pay, the employee will maintain their rate of pay immediately prior to notice of transfer until such time as it is equalled or is exceeded by the new classification rate of pay.

 

26.7      Time to Attend Interviews if no Alternative Position

 

26.7.1               In the case of an employee who is to be retrenched, Tasman Insulation Australia Pty Limited shall make every endeavour to assist the employee to find suitable employment.  From the time an employee receives notice of retrenchment and up to the date of termination, one day's time off work will be granted during each week of notice to the employee, without loss of the employee's ordinary-time rate of pay, to attend employment interviews or a counsellor to receive financial advice; provided that if proof of the interview or meeting is required by Tasman Insulation Australia Pty, such proof will be given.

 

26.7.2               Tasman Insulation Australia Pty Limited shall give to the employee, not later than the time of termination, a certificate of service in writing indicating the period of the employee's employment and the reason for termination.

 

26.8      Re-employment

 

26.8.1               Employees who are retrenched by Tasman Insulation Australia Pty Limited may apply for any subsequent externally advertised vacancies which may arise and such employees shall receive preferable consideration for re-engagement in classifications for which they have appropriate skills.

 

26.9      Continuity of Service

 

26.9.1               Employees who are re-employed within 12 months of their termination shall be deemed not to have broken their continuity of employment for the purposes of the award and the Long Service Leave Act 1955, but the period of absence shall not be counted as service.

 

26.9.2               If, after re-engagement, an employee's services are terminated for any reason either by Tasman Insulation Australia Pty Limited or the employee, the employee shall not receive payments for any entitlements (i.e., long service leave and redundancy) for which the employee has previously received payment on account of redundancy made in accordance with this clause or, where relevant, any similar agreement or arrangement which may have preceded this clause.

 

26.10    Annual Leave

 

26.10.1             Entitlement to accrued annual leave or payment in lieu thereof shall be paid as per each employee's entitlement as determined at the termination date. Annual leave loading will be applied to this payment.

 

26.11    Long Service Leave

 

26.11.1             Entitlement to long service leave or payment in lieu thereof shall be determined in accordance with the Long Service Leave Act 1955.

 

26.12    Sick Leave

 

26.12.1             Tasman Insulation Australia Pty Ltd will not make a payment for unused accumulated sick leave.

 

26.13    Superannuation

 

26.13.1             Superannuation benefits will not be limited or offset against severance payments provided by this award.  Tasman Insulation Australia Pty Limited will provide information to employees regarding their entitlements within 30 days of receiving notice.

 

26.14    Retrenchment

 

26.14.1             Employees with more than 12 months' service shall be paid retrenchment payments as follows:

 

26.14.1.1          Three weeks' pay per year of completed service and pro rata payment for completed months of service paid on the actual day termination is to take effect.

 

26.14.1.2          A week's pay shall mean an employee's normal weekly payment at the time of receiving notice.  This rate of pay shall include any allowances normally paid (which means the current average weekly payment to the employee, including all relevant allowances being received).

 

26.14.1.3          The payments provided for in this subclause shall not exceed either:

 

the employee's ordinary earnings to the date when their employment would have ceased in any event; or

 

a maximum of 54 weeks' pay

 

26.15    Miscellaneous

 

26.15.1             Should an employee under notice of retrenchment die prior to the nominated date of termination, all benefits of this clause to which such employee was entitled shall be paid to the trustee of the estate of the employee in the same manner as any other outside payments due.

 

26.15.2             The benefits provided for in this clause shall be the actual benefits paid and no additional claims will be made during the life of this clause.

 

26.15.3             This clause shall not apply to casual or temporary employees.

 

26.15.4             Where agreement is unable to be reached, either party may progress the matter through the grievance and dispute settling procedures.

 

26.15.5             This clause shall operate for the period of this award, after which it shall remain valid until such time it is reviewed.

 

27.  No Extra Wage Claims

 

27.1      The union and the employees undertake that for the life of this award, they will not pursue any extra wage claims.

 

28.  Superannuation

 

The subject of Superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996 (NSW).  This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.  Provided that payments will be made on a monthly basis.

 

28.1      Subject to the requirements of this legislation, superannuation contributions are made to:

 

AMP Insulfund Superannuation Fund.

 

29.  Anti-Discrimination

 

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.

 

29.1      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award in Clause 21 - Disputes Procedures 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.

 

29.2      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

29.3      Nothing in this clause is taken to affect:

 

29.3.1               any conduct or act which is specifically exempted from anti-discrimination legislation;

 

29.3.2               offering or providing junior rates of pay to persons under the age of 21 years;

 

29.3.3               any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.

 

29.3.4               a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

30.  Area, Incidence & Duration

 

30.1      This award shall apply to all fulltime employees of the classes herein mentioned in the Classification Structure who are employed by Tasman Insulation Australia Pty Ltd at 600 Woodstock Avenue, Rooty Hill NSW.

 

30.2      It rescinds and replaces the Tasman Insulation Australia Pty Ltd (Enterprise) Award 2001 published 24 May 2002 (333 I.G.801) made as a consequence of the section 19 Award Review process 21 June 2001 by Her Honour Justice Kavanagh in IRC 1132,  1304, and 3657 of 2001

 

30.3      It shall take effect from the first pay period commencing on or after 20 July 2004, and shall remain in force until  22 June 2006.

 

PART B

 

MONETARY RATES

 

Table 1 - Classifications and Wage Rates

 

 

Table 2 - Other Rates and Allowances

 

 

 

 

I. TABBAA, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.