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RINKER GROUP TRADING AS READYMIX HOLDINGS PTY LTD ALBION PARK QUARRY NO. 4 (STATE) AWARD 2001
  
Date04/22/2005
Volume350
Part2
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C3382
CategoryAward
Award Code 1612  
Date Posted04/21/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1612)

SERIAL C3382

 

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

 

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

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

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

 

 

 

 

 

 

 

For The Australian Workers Union Port Kembla, South

 

Coast and Southern Highlands Branch

 

 

 

 

 

 

 

For Employees

AWU Delegate

 

 

 

 

 

AWU Co-delegate

 

 

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.

 

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