RINKER GROUP TRADING AS READYMIX HOLDINGS PTY LTD ALBION PARK QUARRY NO.
4 (STATE) AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 4646 of 2004)
Before Mr Deputy
President Sams
|
9 November 2004
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REVIEWED AWARD
Contents
Clause No. Subject Matter
1. Title of
Award
2. Arrangement
3. Parties
to the Award
4. Relationship
to Parent Award
5. Term of
the Award
6. No Extra Claims
7. Review of
Award
8. Aims and
Objectives of the Award
9. Communication
10. Disputes
Procedure
11. Compliance
with Previous CSR Limited Awards
12. Stages of
this Award and Wage Adjustments
13. Hours of
Work and Starting Times
14. Electronic
Funds Transfer
15. Redundancy
16. Meal and
Crib Breaks
17. Maintenance
18. Productivity
- Refuelling
19. Safety,
Health and Environment
20. Fitness
for Work
21. Casual
Employees
22. Increased
Flexibilities
23. Teamwork
24. Competency
Recognition and Development
25. Classification
Structure
26. Customer
Service and Product Quality
27. Performance
Criteria and Objectives
28. Consultative
Committee
29. Salary
Sacrificing
30. Anti-Discrimination
Annexure
"A"
Annexure
"B"
1. Title of Award
This award shall be known as Rinker Group trading as
Readymix Holdings Pty Ltd Albion Park Quarry No. 4 (State) Award 2001.
2. Arrangement
This award shall apply at Rinker Group trading as Readymix
Holdings Pty Ltd Albion Park Quarry in respect of employees covered by the
Quarrying Industry (State) Award.
3. Parties to the
Award
3.1 This award
shall be binding on:
(a) Rinker Group
trading as Readymix Holdings Pty Ltd;
(b) the
organisation of employees known as AWU - Australian Workers Union Port Kembla,
South Coast and Southern Highlands Branch; and
(c) all employees
who are engaged in any of the classifications specified in the Quarrying
Industry (State) Award.
4. Relationship to
Parent Award
4.1 This award
shall be read in conjunction with the Quarrying Industry (State) Award
(hereafter "the Parent Award").
4.2 Where there is
any inconsistency between the Parent Award and this award, this award shall
prevail to the extent of any inconsistency.
5. Term of the Award
5.1 This award
shall come into operation on and from the first full pay period to commence on
or after 14 September 2001 and shall remain in force for a period of 36 months.
5.2 This award has
been reviewed in accordance with section 19 of the Industrial Relations Act
1996 and modernises the CSR Limited trading as The Readymix Group Albion Park
Quarry No. 4 (State) Award 2001 published 26 April 2002 (332 IG 1260).
5.3 The changes
made to this award pursuant to section 19(6) of the Industrial Relations Act
1996 and Principle 26 of the Principles for Review of Awards made by the
Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG
307) take effect on and from 21 October 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
6. No Extra Claims
Except for general movements in award wages granted by the
Industrial Relations Commission of New South Wales via State Wage Cases, that
are not subject to absorption, there shall be no further claims for wage
increases during the term of this award.
7. Review of Award
The parties agree to review this award no later than 3
months prior to the end of its term. In the context of this review, the parties
shall examine both the operation of the award and the possibilities of entering
into a further award.
8. Aims and
Objectives of the Award
8.1 Aims
The parties to this award are committed to continue
improvements in Safety, Health and the Environment and the resulting changes in
work methods designed to achieve productivity, efficiency and flexibility. A
commitment to such improvements will in turn significantly increase the
Company’s competitiveness and offer secure and worthwhile employment for
employees.
The Company business needs to continue to improve in
order to remain competitive.
The company has developed a vision of the type of
business it wants and the elements necessary to transfer that vision to a
reality.
(a) The critical
elements are:
(i) A Product
Quality and Customer Service Focus;
(ii) Safe and
Rewarding Work;
(iii) Environmentally
Sustainable Operations;
(iv) Continuous
Improvement;
(v) Employee
Participation;
(vi) Improved
Competitiveness;
(vii) Removal of
Artificial Barriers;
(viii) Increase Job
Security.
8.2 Objectives
(a) To comply with
the various safety, health and environmental legislative and other requirements
and to achieve industry best practice in these areas.
(b) To improve the
efficiency and productivity of the company by ensuring management and labour
practices are more closely attuned to current and future needs and objectives
of the company.
(c) To develop an
environment of continuous improvement which is conducive to a flexible work
organisation able to respond to changing demands in the market place.
(d) To provide a
climate for employees to develop a broader range of skills thereby maximising
rewards to employees and security of employment.
(e) To benchmark
other organisations that are leaders in the field of increased efficiency and
productivity and where appropriate utilise this information in implementing
change.
9. Communication
All employees the subject of this award may be required to
attend a communication session to inform employees of the contents and
requirements of this award.
10. Disputes
Procedure
10.1 A procedure for
the avoidance of industrial disputes and employee grievances shall apply at all
sites covered by this award.
10.2 The objectives
of the procedure shall be to promote the resolution of disputes/grievances by measures
based on consultation, co-operation and discussion, to reduce the level of
industrial confrontation and to avoid interruption to the performance of work
and the consequential loss of production and wages.
10.3 Any employees
or delegates should obtain permission from their manager or supervisor prior to
leaving their work station to consult with the employer. Such permission shall not be unreasonably
withheld. All union business, in relation to this procedure, shall be conducted
by the employee in the employer’s time.
10.4
(a) Procedures
relating to grievances of individual employees:
(i) 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.
(ii) A grievance
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.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) At the
conclusion of the discussion, 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.
(v) While a
procedure is being followed, normal work must continue.
(vi) If they so
chose the employee may be represented by an industrial organisation of
employees.
(b) Procedures
relating to disputes etc., between employers and their employees:
(i) A question,
dispute or difficulty must initially be dealt with as close to its sources as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(ii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iii) While a
procedure is being followed, normal work must continue.
(iv) 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 purposes
of each procedure.
10.5 There shall be
a commitment by the parties to achieve adherence to this procedure. This should
be facilitated by the earliest possible advice by one party to the other of any
issue or problem which may give rise to a grievance or dispute.
10.6 Reasonable time
limits shall be allowed for the completion of the various stages of the
discussions. At least 7 days should be allowed for all stages of the
discussions to be finalised.
10.7 Emphasis shall
be placed on a negotiated settlement. However, if the negotiation process is
exhausted without the dispute being resolved, the parties shall jointly or
individually refer the matter to the Industrial Relations Commission of New
South Wales for assistance in resolving the dispute.
10.8 In order to
allow for the peaceful resolution of grievances and disputes the parties shall
be committed to avoid industrial action including, stoppages of work, lock-outs
or any other bans or limitations on the performance of work while the above
procedure is being followed.
10.9 The employer
shall ensure that all practices applied during the operation of the procedure
are in accordance with their obligations under the Occupational Health and
Safety legislation in New South Wales and consistent with established custom
and practice at the workplace.
11. Compliance With
Previous CSR Limited Awards
The parties will ensure that the commitments and
requirements arising from the Previous Awards, referred to in Annexure
"A", are met and are the starting point for further improvements to
be made within the term of this award.
12. Stages of This
Award and Wage Adjustments
The following wage increases shall apply to the employees in
the classifications covered by the Quarrying Industry (State) Award ("the
Parent Award"), excepting metal trade classifications. Expense related
allowances are not to be increased unless adjusted in the Parent Award.
The wage adjustments in this award shall comprise of 3
stages:
Stage 1
From the first pay period on or after 14 September 2001 a 4%
wage increase shall be paid to employees the subject of this award.
Stage 2
From the first pay period on or after 8 May 2002 a further
3% wage increase shall apply. In addition, each employee shall be paid a lump
sum payment in the last pay cycle in December 2002 equal to 1% of the
employee’s ordinary wage plus overtime for the period 8 May 2002 to 11 December
2002 (inclusive).
Stage 3
From the first pay period on or after 8 May 2003 a further
3% wage increase shall apply. In addition, each employee shall be paid a lump
sum payment in the last pay cycle in December 2003 equal to 1% of the
employee’s ordinary wage plus overtime for the period 12 December 2002 to 11
December 2003 (inclusive).
In addition, each employee will be paid a second lump sum
payment in the last pay cycle in May 2004 equal to 1% of the employee’s
ordinary wage plus overtime for the period 12 December 2003 to 14 May 2004
(inclusive).
13. Hours of Work and
Starting Times
13.1 The ordinary
spread of hours shall be from 6.00am to 6.00pm Monday to Friday inclusive.
13.2 Starting times
fixed in accordance with the spread of ordinary hours in subclause (i) above
may be varied by the employer to suit the needs of the business.
13.3 All plant and
equipment is to be in operation by the nominated starting time i.e. currently
6.00am and all plant and equipment is to shut down no earlier than 10 minutes
prior to the end of shift.
14. Electronic Funds
Transfer
Payment of wages, shall be paid weekly by Electronic Funds
Transfer into an account/s nominated by the employee.
15. Redundancy
15.1 Where permanent
employees the subject of this award are made redundant by the employer, they shall
receive the following termination payment.
(a) Notice as
prescribed by the relevant legislation; and
(b) 2 weeks for
each year of service (pro-rata) to a maximum of 52 weeks (exclusive of the
notice period in (a) above).
16. Meal and Crib
Breaks
Employees shall stagger the taking of their meal and crib
breaks to ensure continuous production throughout the shift i.e.: Load &
Haul, Primary Crusher and Secondary Plant are operated continuously.
17. Maintenance
In addition to routine maintenance (i.e. daily servicing of
machinery) all operators are to fill out daily Log Books on each machine with
records to be maintained in the machine and a copy handed to the
Manager/Supervisor weekly, such records will include Fuel Usage, Tyre
Pressures, Oil Usage and General Maintenance. A complete Machine History File,
Service and Maintenance Register will be maintained by the Manager/Supervisor.
18. Productivity -
Refuelling
Operators shall stagger fuelling of Load & Haul
equipment to ensure minimal stoppages and disruption to the primary crusher.
19. Safety, Health
and Environment
19.1 Employees
recognise their responsibility for improving workplace safety, health and
environment ("SHE") and commit to:
knowing and following the SHE requirements related to
the job and workplace;
constantly reviewing the workplace for hazards and
initiating appropriate corrective actions or reporting the hazard to the
supervisor or manager;
reporting to work fit for duty;
reporting all improper SHE practices observed at the
workplace to the supervisor or manager.
20. Fitness for Work
The parties recognise the importance of the provisions
stated in Section 31 of Part 3, Division 2 of the Mines Inspection General Rule
2000, in force under the Mines Inspection Act 1901 and are committed to
implementing practical solutions to meet these obligations.
21. Casual Employees
A casual employee is one engaged and paid as such. A casual employee shall be paid 1/38 of the
weekly rate plus 15% for all work performed plus 1/12 for annual leave. Provided that, this clause shall not be used
to make current permanent employees casuals.
22. Increased
Flexibilities
22.1 Employees shall
undertake duties and tasks as directed, provided such employees have the
skills, competence and training to perform such tasks as directed.
22.2 Employees the
subject of this award are committed to co-operate with and undertake all
relevant and appropriate training as directed by the employer, to meet the
needs of the business.
22.3 The employer
shall ensure that the provisions of The Quarry Industry (State) Award relating
to employees classifications are adhered to when implementing this clause.
23. Teamwork
All parties to this award and the business units concerned
are committed to the development of teamwork.
24. Competency
Recognition and Development
24.1 The parties are
committed to the recognition and where deemed appropriate by the Company
compliance with national competency standards whilst also recognising the
necessary competencies to remain competitive at an enterprise level.
24.2 A skills matrix
will be developed by the parties. The matrix will identify the required
competencies necessary at the enterprise level. Each employee will be assessed
to determine the competencies actually held from time to time. Where there is a
gap between the actual competencies held by employee(s) and those required by
the business, this will form the basis of an enterprise training plan.
25. Classification
Structure
25.1 The
classifications below reflect the categories of employment that will apply
under this award:
Job
|
Classification
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Quarry Face Loader
|
Quarry Worker Grade 7
|
50 Tonne Dump Truck
|
Quarry Worker Grade 6
|
Crushing Plant Operator
|
Quarry Worker Grade 5
|
Bins Truck
|
Quarry Worker Grade 5
|
Blend Plant Operator
|
Quarry Worker Grade 4
|
Sales Front End Loader
|
Quarry Worker Grade 4
|
Water Cart
|
Quarry Worker Grade 6
|
Bull Dozer
|
Quarry Worker Grade 5
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Maintenance
|
To be determined
according to job scope
|
Relief Operator
|
To be determined
according to job scope
|
25.2 The employees
named in Appendix "B" will continue to be engaged in their current classification
grade. Should the Company need to engage new employees they will be employed in
accordance with the classification grades in clause 25.1 above.
26. Customer Service
and Product Quality
Employees are committed to the sustainable implementation of
customer service and product quality initiatives such as correct use of and
compliance with, stockpile construction and load out signs, stockpile load out
procedures.
27. Performance
Criteria and Objectives
All of the employees employed under this Award recognise the
importance of and are committed to co-operate and work with the Company to
achieve the following performance outcomes:
(a) zero
recordable injuries;
(b) nil customer
complaints related to product loadout;
(c) achievement targets
for CSR Emoleum products;
(d) increase
product loadout grading conformance to >90%;
(e) achieve fixed
plant Efficiency of >115% (against 280 t/h historical base);
(f) achieve fixed
plant Utilisation of >90%;
(g) reduce
production cost/tonne by > $2.00/tonne compared with YEM’01 result;
(h) development
and implementation of a Waste Reduction Plan and achievement of associated
targets.
In order to assist with the achievement of the
performance objectives identified above, all employees employed under this
Award agree and are committed to participating in:
(a) regular
reviews and updates of progress against the performance criteria and outcomes;
(b) routine
reviews and updates of their job descriptions and work instructions; and
(c) education sessions
about the performance criteria.
28. Consultative
Committee
The parties agree to establish a Site Consultative
Committee. The membership, agenda and
meeting frequency will be set by agreement between the parties.
29. Salary
Sacrificing
29.1 Remuneration
under this Award and the Parent Award may, by the operation of this Award, be
made up entirely of wages or, at the option of an employee (other than a casual
employee) and subject to the employer’s agreement, wages and a superannuation
contribution to the CSR Australian Superannuation Fund. Wages and superannuation are the two
components which will make up remuneration. The sum allocated to each component
will be negotiated initially between the employer and the employee and
thereafter renegotiated in accordance with this clause.
29.2 Should the
employer make a superannuation contribution in accordance with this clause, it
shall not, to the extent of that contribution, be liable to pay wages to the employee
under this award, or the Parent Award.
29.3 The opportunity
for an employee to initially negotiate the components of remuneration as per
27.1 above shall be available once per year at a time and in accordance with
procedures determined by the employer and may only be changed during the period
specified in accordance with procedures established by the employer.
29.4 In the event
that changes in legislation, the Income Tax Assessment Act, tax office rulings
or determinations remove or alter the Company’s capacity to maintain the salary
sacrifice arrangements pursuant to this agreement, the Company will be entitled
to withdraw from these arrangements by giving notice to each affected employee.
30.
Anti-Discrimination
30.1 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.
30.2 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.
30.3 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.
30.4 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.
30.5 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 this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
Signatures
For Rinker Group trading as Readymix Holdings Pty Ltd
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For The Australian Workers Union Port Kembla, South
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Coast and Southern Highlands Branch
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For Employees
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AWU Delegate
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AWU Co-delegate
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Annexure A
For the purpose of this award the following definitions of
awards shall apply:
(a) "the
Parent Award" is the award known as the "Quarrying Industry (State)
Award";
(b) "the
Previous Awards" include the following awards as defined:
(i) "the
First Award" is the first CSR award, known as; "CSR Ltd trading as
The Readymix Group Sydney Construction Products And Country Divisions Quarries
Enterprising Bargaining Framework Award 1994";
(ii) "the
Second Award" is the second CSR award, known as "CSR T/A The Readymix
Group Country Division South Coast Quarries Enterprise Agreement No. 2 (State
Award 1995)"; and
(iii) "the
Third Award" is the third CSR award, known as "CSR Ltd trading as The
Readymix Group Albion Park Quarry No.3 (State Award) 1998".
Annexure B
The current employee classification arrangements are to be
retained under the following "Grandfather Clause":
Employee Name
|
Classification
|
Jeff Thorburn
|
Quarry Worker Grade 7
|
Dick Sharpe
|
Quarry Worker Grade 7
|
Tim Robinson
|
Quarry Worker Grade 7
|
Brian Doyle
|
Quarry Worker Grade 5 (Leading Hand)
|
Peter Long
|
Quarry Worker Grade 5
|
Graham Hutchinson
|
Quarry Worker Grade 5
|
David Rudd
|
Quarry Worker Grade 6
|
Russell McCullough
|
Quarry Worker Grade 6
|
Steve Ezold
|
Quarry Worker Grade 6
|
Arthur Walker
|
Quarry Worker Grade 6
|
Scott Viney
|
Quarry Worker Grade 5
|
Neville Willard
|
Quarry Tradesperson Level 2
|
P. J. SAMS D.P.
____________________
Printed by the
authority of the Industrial Registrar.