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New South Wales Industrial Relations Commission
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CALTEX/KURNELL MAINTENANCE AWARD
  
Date07/01/2005
Volume352
Part1
Page No.112
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C3413
CategoryAward
Award Code 757  
Date Posted06/30/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(757)

SERIAL C3413

 

CALTEX/KURNELL MAINTENANCE AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 4569 of 2004)

 

Before The Honourable Mr Deputy President Harrison

25 November 2004

 

REVIEWED AWARD

 

1.          Delete clause 3, Apprenticeship, of the award published 31 May 2002 (333 I.G. 1054), and insert in lieu thereof the following:

 

3.  Apprenticeship

 

See Apprenticeship and Traineeship Act 2001. The provisions relating to wages and conditions are contained within the appropriate clauses of this Award.

 

2.          Delete the reference to "clause 4(1)" appearing in paragraphs 4.3.1 and 4.3.2, of clause 4, Wages, and insert in lieu thereof the following:

 

subclause 4.1

 

3.          Delete subclause 9.2, of clause 9, Meals Allowance, and insert in lieu thereof the following:

 

9.2        A day work employee required to work overtime on a Saturday or a Sunday will be paid a meal allowance as set out in the said Item 1 for the first crib as provided in subclause 13.4.1 of Clause 13, Overtime - Day Workers.

 

4.          Delete paragraph 12.2.1, of clause 12, Shift Work, and insert in lieu thereof the following:

 

12.2.1               Subject to sub-clause 12.2.2 of this clause and to their attendance for these shifts, employees:

 

12.2.1.1            transferred to special shift work; or

 

12.2.1.2            at the request of the company transfer from one special shift to another special shift;

 

will receive a minimum of 15.2 hours pay for each of the first four afternoon or night shifts for which they are so rostered.  Subsequent afternoon and night shifts will be paid at the rates specified in sub-clause (12.1) of this clause.

 

5.          Delete the reference to "subclause (1)" wherever appearing in subclause 12.3, of the said clause 12, and insert in lieu thereof the following:

 

subclause 12.1

 

6.          Delete paragraph 13.6.4, of clause 13, Overtime - Dayworkers, and insert in lieu thereof the following:

 

13.6.4               Notwithstanding the above provisions, when an employee responds to a call-in at a time after the ten hour rest break provisions referred to in subclause 13.3 Rest Period of this Clause have been met then the employee has the further option of working until the call-in is completed then continue to work for a period of not less than eight (8) hours total (including time worked in relation to call-in).  On completion of the eight (8) hour work period, the employee may then elect to:

 

13.6.4.1            continue to work until normal completion time of 3.47pm; or

 

13.6.4.2            leave the site.

 

Should an employee elect the option in 13.6.4.2 above, they will be paid for time worked in accordance with this Award and the remainder of the day will be treated as 'excused leave'. Provided further that the option contained in 13.6.4.2 above will not be available where an employee responds to a call-in which commences within four (4) hours of normal commencing time; i.e., from 3.30am onwards.

 

7.          Delete the reference to "paragraph (6) (b) of clause 13 Overtime - Dayworkers of the Award" appearing in subclause 14.1, of clause 14, Saturday Work - Day Workers, and insert in lieu thereof the following:

 

subclause 13.6.2 of this Award

 

8.          Delete subclause 16.6, of clause 16, Cancellation of Overtime, Holiday and Weekend Work - Day Workers, and insert in lieu thereof the following:

 

16.2      If notice cancelling the instruction is sent, or telephoned, to the employee's registered address before they would normally have left to commence work, they will be paid a minimum of:

 

16.2.1               two hours at ordinary time rate in the case of weekday overtime work cancellation; and

 

16.2.2               four hours at ordinary time rate in the case of weekend work, or holiday work, cancellation.

 

An additional penalty will not be payable if the employee is not at their registered address when notice of cancellation is delivered, or telephoned, and they subsequently report for work.

 

9.          Delete the reference to "subclause (2)" appearing in subclause 16.3, of the said clause 16, and insert in lieu thereof the following:

 

subclause 16.2

 

10.        Delete the reference to "paragraph (1) (c)" appearing in subclause 20.2, of clause 20, Sick Leave, and insert in lieu thereof the following:

 

subclause 20.1.3

 

11.        Delete subclause 21.2, of clause 21, Holidays, and insert in lieu thereof the following:

 

subclause 21.1

 

21.2      In addition to the holidays prescribed in subclause 21.1 of this Clause two additional holidays will apply to an employee on weekly hire, such holidays to be:

 

21.2.1               Easter Tuesday.

 

21.2.2               the first Monday in December each year as a Picnic Day.

 

12.        Delete clause 23, Daylight Saving, and insert in lieu thereof the following:

 

23.  Daylight Saving

 

23.1      The length of any shift:

 

23.1.1               commencing before the time prescribed by the relevant legislation for the commencement of a summer time period, and

 

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

 

will 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.

 

13.        Delete subclause 29.2, of clause 29, Union Representation, and insert in lieu thereof the following:

 

29.2                  Where a Union delegate is required to attend an Industrial Relations Commission hearing arising out of a dispute in respect of this Award and provided:

 

29.2.1               the settlement of disputes procedure has been followed with no stoppage of normal work; and

 

29.2.2               the Company is satisfied that the delegate's attendance will contribute to the proper conduct of proceedings;

 

the delegate will be granted the necessary leave, without loss of ordinary pay, to attend the hearing. Provided further that the number of delegates is limited to two from the one Union if only that Union is involved, and limited to one from each Union if more than one Union is involved.

 

14.        Delete subclause 34.1, of clause 34, Bereavement Leave, and insert in lieu thereof the following:

 

34.1      An employee will be entitled to up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause 34.3 of this clause.

 

15.        Delete the reference to "subparagraph (ii) of paragraph (c) of subclause (1)" appearing in subclause 34.3, of the said clause 34, and insert in lieu thereof the following:

 

subclause 36.1.3.2

 

16.        Delete the reference to "subclauses 36(2), 36(3), 36(4), 36(5) and 36(6)" appearing in subclause 34.5, of the said clause 34, and insert in lieu thereof the following:

 

subclauses 36.2, 36.3, 36.4, 36.5 and 36.6

 

17.        Delete the reference to "subparagraph (ii) of paragraph (c) appearing in paragraph 36.1.1, of clause 36, Personal/Carer's Leave, and insert in lieu thereof the following:

 

subclause 36.1.3.2

 

18.        Delete subparagraph 36.1.3.2, of the said clause 36, and insert in lieu thereof the following:

 

36.1.3.2            the person concerned being:

 

36.1.3.2.1         a spouse of the employee; or

 

36.1.3.2.2         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

 

36.1.3.2.3         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

 

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

 

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

 

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

 

36.1.3.2.5.2      'affinity' means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

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

 

19.        Delete paragraph 36.2.1, of the said clause 36, and insert in lieu thereof the following:

 

36.2.1               An employee may elect, with the consent of the Company, to take unpaid leave for the purpose of providing care and support to a class of person set out in subclause 36.1.3.2 who is ill.

 

20.        Delete paragraph 36.3.2, of the said clause 36, and insert in lieu thereof the following:

 

36.3.2               Access to annual leave, as prescribed in subclause 36.3.1, will be exclusive of any shutdown period provided for elsewhere under this award.

 

21.        Delete paragraphs 36.4.3, and 36.4.4 of the said clause 36, and insert in lieu thereof the following:

 

36.4.3               If, having elected to take time as leave in accordance with subclause 36.4.1, the leave is not taken for whatever reason payment for time accrued at overtime rates will be made at the expiry of the 12 month period or on termination.

 

36.4.4               Where no election is made in accordance with the said subclause 36.4.1, the employee will be paid overtime rates in accordance with the award.

 

22.        Delete clause 38, Redundancy, and insert in lieu thereof the following:

 

38.  Redundancy

 

38.1      Notwithstanding anything else contained elsewhere in this clause, this clause shall not apply to employees with less than one year’s continuous service, and the general obligation on the Company shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

38.1.1   Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

38.2      Introduction of Change:

 

38.2.1   Company’s duty to notify:

 

38.2.1.1            Where the Company has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the Company shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

38.2.1.2            "Significant effects" include termination of employment, major changes in the composition, operation or size of the Company’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

38.2.2               Company’s duty to discuss change:

 

38.2.2.1            The Company shall discuss with the employee’s affected and the union to which they belong, inter alia, the introduction of the changes referred to in 38 (3) (i) (a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and / or the union in relation to the changes.

 

38.2.2.2            The discussions shall commence as early as possible after a definite decision has been made by the employer to make the changes referred to in 38 (3) (i) (a).

 

38.2.2.3            For the purposes of such discussions, the Company shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that the Company shall not be required to disclose confidential information the disclosure of which would adversely affect the company.

 

38.3      Redundancy:

 

38.3.1               Discussions before terminations:

 

38.3.1.1            Where the Company has made a definite decision that the Company no longer wishes the job the employee has been doing by anyone pursuant to subclause 38.2.1.1, and that decision may lead to the termination of employment, the Company shall hold discussions with the employees directly effected and with the union to which they belong.

 

38.3.1.2            The discussion shall take place as soon as is practicable after the Company has made a definite decision which will invoke the provisions of subclause 38.2.1.1 and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

 

38.3.1.3            For the purposes of the discussion the Company shall, a soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that the Company shall not be required to disclose confidential information the disclosure of which would adversely affect the Company.

38.4      Termination of Employment:

 

38.4.1               Notice for Changes in Production, Programme, Organisation or Structure:

 

38.4.1.1            The notice provisions to be applied to terminations by the employer for reasons arising from changes in production, programme, organisation or structure shall be the same as that provided in Clause 6 Contract of Employment.

 

38.4.1.2            Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

38.4.2               Notice for Technological Change:

 

This subclause sets out the notice provisions to be applied to terminations by the company for reasons arising from "technology" in accordance with subclause 38.2.1.1.

 

38.4.2.1            In order to terminate the employment of an employee the company shall give to the employee 3 months notice of termination.

 

38.4.2.2            Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

38.4.2.3            The period of notice required by this subclause to be given shall be deemed to be service with the company for the purposes of long service leave and annual leave.

 

38.4.3               Time off during the notice period:

 

38.4.3.1            During the period of notice of termination given by the company an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of 5 weeks, for the purposes of seeking other employment.

 

38.4.3.2            If the employee has been allowed paid leave for more than one day during the notice period for the purposes of seeking other employment, the employee shall, at the request of the company, be required to produce proof of attendance at n interview or the employee shall not receive payment for the time absent.

 

38.4.4               Employee leaving during the notice period:

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the company until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

38.4.5               Statement of Employment:

 

The company shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

 

38.4.6               Employment Separation Certificate:

 

The company shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form provided by Centrelink.

38.5      Severance Pay:

 

38.5.1               Amounts

 

Where an employee is to be terminated pursuant to subclause 38.4 the company shall pay the following severance pay in respect of a continuous period of service:

 

38.5.1.1            If an employee is under 45 years of age, the company shall pay in accordance with the following scale:

 

Years of Service

Under 45 Years of Age Entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

38.5.1.2            Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of Service

Under 45 Years of Age Entitlement

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

38.5.1.3            "Weeks pay" means the all purpose rate for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances.

 

38.5.2               Incapacity to pay:

 

Subject to an application by the company and further order of the Industrial Relations Commission, the company may pay a lesser amount (or no amount) of severance pay than that contained in subclause 38.5.1 above.

 

The Commission shall have regard to such financial and other resources of the company as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause 38.5.1 above will have on the company.

 

38.5.3               Alternative Employment

 

Subject to an application by the company and further order of the Industrial Relations Commission, the company may pay a lesser amount (or no amount) of severance pay than that contained in subclause 38.5.1 above if the company obtains acceptable alternative employment for an employee.

 

23.        Delete clause 39, Area, Incidence and Duration, and insert in lieu thereof the following:

 

39.  Area, Incidence and Duration

 

39.1      This award shall apply to maintenance employees employed by Caltex Refineries (NSW) Pty Ltd, at the Caltex Kurnell Refineries, Solander Street Kurnell, NSW.

 

39.2      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Ampol Refineries (NSW) Pty Ltd Maintenance Award 1995 published 19 April 1996 (292 I.G. 27) and the Ampol Refineries (NSW) Pty Limited Electrical and Instrument Trade Award 1995 published 23 February 1996 (290 I.G. 1023) and all variations thereof.

 

39.3      The changes made to the award pursuant to the Award Review 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 NSW on 28 April 1999 (310 I.G. 359) and take effect on 25 November 2004.

 

39.4      The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

 

24.        Delete Schedule A, Ampol Refineries (NSW) Pty Ltd Maintenance Award 1995 Award and Variations Incorporated.

 

25         Delete Schedule A, Ampol Refineries (NSW) Pty Limited Electrical and Instrument Trade Award 1995 Award and Variations Incorporated.

 

26.        Delete Schedule B, Changes Made on Review, Date of Effect: 18 July 2001.

 

27.        Delete the references to "Clause 4(3)" and "clause 4(5)" appearing in Appendix 1, Record Of Agreement Between Caltex Refineries (Nsw) Pty Ltd And (Name Of Employee) For An Alternative Remuneration Arrangement Under Clause 4(3) Of The Caltex/Kurnell Maintenance Award, and insert in lieu thereof the following:

 

Clause 4.3

 

 

 

R. W. HARRISON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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