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.