BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1666)

SERIAL C3420

FLUOR GLOBAL SERVICES AUSTRALIA PTY LTD AND UNITED GONINAN LTD BLUESCOPE STEEL, PORT KEMBLA STEELWORKS RAIL AND ROLLING STOCK MAINTENANCE AWARD 2004

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by The Australian Industry Group, New South Wales Branch, an organisation of employers and a State Peak Council for Employers.

(No. IRC 6713 of 2004)

Before Mr Deputy President Grayson

26 November 2004

AWARD

Clause No. Subject Matter

1. Application and Scope of Award

1.1 Objectives and Scope of Award

1.2 Application of Award and Parties Bound

1.3 Duration of Award

1.4 No Extra Claims

1.5 Leave Reserved

1.6 Renegotiation Point for Next Award

2. Terms And Conditions of Employment

2.1 Intent

2.2 Nature of Employment

2.3 Application of Employee Skills

2.4 Absence from Duty

2.5 Abandonment of Employment

2.6 Recovery of Monies Owed

2.7 Stand-Downs

2.8 Continuity of Supply

2.9 Settlement of Grievances

2.10 Mixed Functions

3. Definitions, Wages, Allowances, Conditions

3.1 Definitions

3.2 Rates of Pay and Classifications

3.2.1 Base Rates

3.2.2 Classifications - Fluor Global Services Australia Pty Ltd

3.2.3 Classifications United Goninan

3.3 Special Allowances

3.3.1 Leading Hand

3.3.2 Employee Availability

3.3.3 Dirty Work

3.4 Payment of Wages

3.4.1 Payment of Wages

3.4.2 Payment on Termination

3.5 Bonus

4. Hours of Work, Overtime

4.1 Hours of Work

4.1.1 Ordinary Hours - (Non Shift Workers)

4.1.2 Rostered Days Off (Rdo)

4.1.3 Meal Breaks

4.2 Overtime

4.2.1 Payment for Working Overtime

4.2.2 Requirements to Work Overtime

4.2.3 Rest Period After Overtime

4.2.4 Call Back

4.2.5 Excess Travelling Time

4.2.6 Meal Allowance

4.2.7 Transport of Employees

4.3 Public Holidays and Sunday Work

4.3.1 Prescribed Holidays

4.3.2 Where Christmas/Boxing Days Fall on Saturdays or Sundays

4.3.3 Substituted Prescribed Holidays

4.3.4 Payment for Work on Public Holidays

4.3.5 Holidays - Absence on Working Day Before or After

4.3.6 Minimum Payment - Holidays and Sundays

4.3.7 Crib Time - Holidays and Sundays

4.3.8 Meal Allowance - Holidays and Sundays

4.3.9 Rostered Day off Falling on Public Holiday

4.4 Shift Work

4.4.1 Definitions

4.4.2 Hours

4.4.3 Shift Rosters

4.4.4 Afternoon or Night Shift Allowances

4.4.5 Saturday and Sunday Shifts

4.4.6 Overtime

4.4.7 Daylight Saving

5. Leave

5.1 Annual Leave

5.2 Personal Leave

5.3 Bereavement Leave

5.4 Parental Leave

5.5 Jury Service

5.6 Long Service Leave

5.7 Redundancy

5.7.1 Redundancy Pay

5.7.2 Employee Leaving During Notice

5.7.3 Notice to Commonwealth Employment Service

5.7.4 Employees with less than one Year's Service

5.7.5 Employees Exempted

5.8 Trade Union Training

6. General

6.1 First Aid

6.2 Right of Entry

6.3 Disciplinary Procedure

6.3.1 Counselling Procedure

6.3.2 Serious Misconduct - Summary Dismissal

6.3.3 Warning Procedure

6.4 Induction

6.5 Works Practices

6.6 Superannuation

6.7 Protective Clothing

6.7.1 Protective Clothing

6.7.2 Protective Equipment

6.7.3 General

6.8 Occupational Health & Safety

6.8.1 Drug and Alcohol Issues

6.8.2 Counselling

6.9 Amenities

6.10 Anti-Discrimination

6.11 Sexual Harassment

6.12 Affirmative Action

6.13 Quality Improvement

6.14 Consultation

6.15 Notice Boards

6.16 Employment Security

6.17 Income Protection

6.18 Blood Donors

6.19 Payroll Deductions for Employee Associations

6.20 Duress

6.21 Transmission of Business

6.22 Accredited Union Delegate

6.23 Employee Entitlements

1. Application and Scope of Award

1.1 Objectives and Scope of Award

The objective of this award is to promote the development of best practice railway and rolling stock maintenance and service on the BlueScope Steel Port Kembla Steelworks rail network, and to provide a safe workplace with an employee culture above current industry standards.

The parties agree that an important factor in achieving this objective will be through co-operation between employees, supervisors and management and a spirit of teamwork.

Critical keys to achieving the objectives of the Award include:

Effective employee relations communications.

An awareness of, and compliance with, safety and environmental standards and constraints.

Equitable rates of pay and fair conditions.

Compliance with settlement of grievance procedures for all matters and maintenance and continuity of the operation.

Teamwork, with all employees having the opportunity to develop their skills in work on Railway Infrastructure and rolling stock maintenance and service work.

The Parties recognise the financial performance of the Company and their respective futures, prosperity and employment security are inextricably linked. There are a range of issues that represent opportunities to enhance the Company’s performance in the areas of health and safety, Company and employee relationships, learning and development, quality, productivity, efficiency, flexibility, cost effectiveness and achievement of contractual Performance Targets.

Continuous Improvement and Innovation

The Parties to this Award are committed to the philosophy of continuous improvement and innovation through effective people and business management. Employees will be encouraged to contribute not only through effort but also through good ideas. We will also promote the concept of employees challenging decisions where there maybe better ways of doing things.

1.2 Application Of Award And Parties Bound

(a) This Award shall operate in the state of New South Wales and apply in respect to:

Fluor Global Services Australia Pty Ltd, and to all its’ employees employed in the classifications set out in subclause 3.2 of this Award, and who are performing railway infrastructure maintenance, upgrade and service activities at the BHP Port Kembla Steelworks rail network.

United Goninan, and to all its’ employees employed in the classifications set out in subclause 3.2 of this Award, and who are performing railway rolling stock maintenance, upgrade and service activities at the BHP Port Kembla Steelworks rail network.

The parties to this Award are:

Fluor Global Services Australia Pty Ltd;

United Goninan Limited

Electrical Trades Union of Australia, New South Wales Branch

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch

The Australian Workers' Union, New South Wales

Employees of Fluor Global Services (Australia) Pty Ltd who are members or entitled to be members of the organisations detailed above and are engaged in classifications specified in subclause 3.2 of this Award.

Employees of United Goninan Pty Ltd who are members or entitled to be members of the organisations detailed above and are engaged in classifications specified in paragraph 3.2.3 of this Award.

(b) This Award shall apply to the exclusion of all other Award or Agreements as they may apply to the employment of persons engaged in or in connection with the provision of railway and rolling stock works.

1.3 Duration Of Award

This Award shall operate from 17 November 2004 and shall remain in force until 30 June 2007 or until the next agreement is certified.

1.4 No Extra Claims

It is a term of this Award that for its duration as set out in subclause 1.3 hereof that the parties shall not pursue any extra claims, award or over-award. The Grievance Procedures shall be adhered to at all times.

1.5 Leave Reserved

Hours of work

Should the typical pattern of Hours of Work at BlueScope Steel in the Illawarra region, facility change significantly during the life of this award, either party is at liberty to make application to the NSW Industrial Relations Commission for a variation to the Hours of Work clause of this award.

1.6 Renegotiation Point For Next Award

The Renegotiation point for the next award shall commence 3 months prior to the expiration of this Award.

2. Terms and Conditions of Employment

2.1 Intent

The Parties to this Award are committed to the philosophy of full time employment, but also recognise that to be competitive alternative work arrangements will be required. Casual, part time and fixed term employees will be balanced with the needs of the Business. Short-term situations such as shut downs, specialised work, and emergency work, alternative employment arrangements will be introduced.

2.2 Nature Of Employment

Employment may be casual, part-time, full-time, or fixed term as is specified in the formal Letter of Offer of Employment. Employees shall perform work according to the following conditions:

By arrangement, employees shall work the ordinary working hours according to the work roster as the business needs may require from time to time as identified in Clause 4 of this Award.

Employees are expected to work reasonable overtime as required by the Company in addition to the rostered ordinary working hours.

Employees must use such protective clothing and equipment provided by the Company for specific circumstances.

Employees must comply with safety requirements of the Company.

Types of employment

Full-time Employment

An employee who has not been specifically employed on a part time or casual basis shall be deemed to be employed full time.

Fixed Term Employment

The introduction of fixed term employment may be agreed between the parties to suit the circumstances of the business.

Part -time Employment

By mutual agreement between the Parties, an employee who is employed on a part-time basis shall be offered a fixed number of hours of not less than 12 hours in any one week period, and not more than 37.5 hours in a one week period, as agreed and confirmed in writing at the time of engagement or as varied by consent thereafter. A part time employee shall be entitled to all leave benefits contained in this Award on a pro-rata basis. The hourly rate for a part time employee shall be calculated by reference to the applicable hourly rate contained in Clause 5 of the Award.

Casual Employment

A casual employee is one engaged for a minimum period of one (1) day and paid as such with a minimum of four (4) hours per day where such casual employees attend for work but are not required to commence work. The engagement of a casual may be terminated at any time upon one hours notice or by payment in lieu. Casual employees working ordinary time shall be paid 1/38th of the weekly wage, prescribed in Clause 9 of the Award, for each hour worked. A casual employee shall not be entitled to any leave, notice or severance benefits contained in this Agreement but shall receive in lieu a loading of 25% of the ordinary rate of pay.

Employees engaged as casuals for a continuous period of six (6) months will be entitled to an offer of full time employment. The parties recognise that this period may be extended subject to Consultation with employee representatives to accommodate resource requirements for completion projects or individuals circumstances.

Unless there is an agreement between the parties, casual employees will only be employed when unplanned, unexpected changes in the workload or planned peak requirements require a short-term increase in the number of employees.

Casual employees shall be paid as per the conditions outlined in this Award.

Apprentices

Contracts of Apprenticeship shall be in accordance with the Apprenticeship Conciliation Committee relevant to the trade concerned.

The relevant apprenticeship authorities shall be the Apprenticeship Conciliation Committees established under the New South Wales Industrial Relations Act 1996; and the Apprenticeship Training Committees established under the New South Wales Apprenticeship Ac, 1981.

Where apprentices are employed directly by the Company, then the conditions of this Award shall apply except for remuneration, which is specified as a percentage of the trade rate at 100%. The specific percentages to apply are as follows:

First Year Apprentice	42%
Second Year Apprentice	55%
Third Year Apprentice	75%
Fourth Year Apprentice	88%

Where the Company employs a new "adult employee apprentice" (21 years of age or more), then that employee shall be remunerated at the 85% wage rate of a trades person for the term of the apprenticeship until overtaken by the Apprenticeship rate.

For existing adult employees who through Company approval undertake an adult apprenticeship will be paid at their current classification rate.

The Parties support the philosophy of apprenticeships. This is seen as an investment for the future. It benefits the apprentice, the community and the business. It is the intent of the Parties to pursue the introduction of an Apprenticeships program involving United Goninan.

Probation

The continued employment of new full time and new part time employees (other than a casual employee) will be subject to the satisfactory completion of eight (8) weeks on the job probationary period. During that time, probationary employees shall be provided with feedback on a monthly basis as how they are performing. At the conclusion of the probationary period the Company shall either confirm the employee's continued employment or terminate the employment of the employee. Provided that during the probationary period the employment of a probationary employee may be terminated by either party on the giving of notice.

(a) Notice of Termination by Employee

Notice for termination or dismissal of employment will be in accordance with the following:

Period of Continuous Service	Notice Period
More than 1 month but less than 1 year	At least 1 week
More than 1 year but no more than 3 years	At least 2 weeks
More than 3 years but no more than 5 years	At least 3 weeks
More than 5 years	At least 4 weeks

Note:

Payment in lieu of notice shall be made if the appropriate notice period is not given. The notice of termination required to be given by an employee shall be the same as that required of an employer. By mutual agreement, the parties may enter into an arrangement that suits either party with a minimum notice period of not less than one (1) week. An employee required to work during their notice period shall have that amount deducted whilst not at work during the notice period as required by the Company. (Notice period is increased by one week if an employee is over 45 years of age, subject to having completed at least two (2) years continuous service).

2.3 Application Of Employee Skills

An employee may be required to carry out such duties as are within the limits of the employee’s skill, competence and training providing such duties are not designed to promote de-skilling.

2.4 Absence From Duty

An employee (other than an employee who has given or received notice in accordance with subclause 2.5) not attending for duty shall, unless such absence has been authorised by Fluor or United Goninan, lose pay for the actual time of such non-attendance.

2.5 Abandonment Of Employment

The absence of an employee from work for a continuous period exceeding three (3) working days, without the consent of Fluor or United Goninan and without notification to the employer, shall be deemed to be prima facie evidence that the employee has abandoned employment.

Provided that, if within a period of fourteen (14) days from last attendance at work or the date of last absence, in which notification has been given or consent has been granted an employee has not established to the satisfaction of the employer the reasonable cause, the employee shall be deemed to have abandoned employment.

Termination of employment by abandonment in accordance with this Clause 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.

2.6 Recovery Of Monies Owed

It is agreed that in the event of an employee's employment being terminated for any reason, any monies advanced to the employee by the company shall be recovered by the Company from any accrued entitlements owing to the employee and in accordance with the law.

2.7 Stand-Downs

The company has the right to deduct payment for any day on which an employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppage of work by any cause for which the company cannot be reasonably held responsible. Prior to this occurring the company shall consult with the workforce and local union officials on the effects and likely duration of any stand-down.

2.8 Continuity Of Supply

If an emergency situation or other serious matter arises that is or is likely to affect continuity of supply and adversely impact on external parties, consultation on measures to mitigate or avert such adverse impact will be held between the parties to this award with the highest priority.

2.9 Settlement Of Grievances

2.9.1 Where a grievance in the workplace arises, the matter shall be initially discussed between the employee, (and another employee if the employee wishes) and the employee's supervisor/technical co-ordinator.

2.9.2 If the issue remains unresolved, the union delegate may discuss and attempt to resolve the matter firstly with the supervisor/technical co-ordinator, and if the matter remains unresolved with the manager.

2.9.3 If the matter remains unresolved, a full-time union official may become involved in the discussions with the Project Manager/Rolling Stock Manager at the request of the employee, and if the matter remains unresolved with a senior company representative.

2.9.4 While the steps outlined above are being followed, no industrial action shall be taken. A maximum of five (5) working days is allowed for discussion in step (2.9.1) above to resolve any grievance.

2.9.5 If after step (2.9.2), the grievance is still not resolved, either party may refer the matter to the New South Wales Industrial Relations Commission.

2.9.6 Either party will give the earliest possible notice of any issue, which has the potential to give rise to a grievance or dispute. All relevant facts will be recorded and clearly identified throughout.

2.9.7 While these procedures are being followed, normal work shall proceed in accordance with Safety Procedures.

2.10 Mixed Functions

2.10.1 Where an employee is engaged on duties for more than two (2) hours carrying a higher rate than the employee's ordinary classification then the employee shall be paid the higher rate for the whole day or shift. If for two (2) hours or less during one (1) day or shift they shall be paid the higher rate for the time so worked.

3. Definitions, Wages, Allowances, Conditions

3.1 Definitions

In this Award except where the context otherwise requires:

3.1.1 "Work" means maintenance, repair, upgrading and minor construction or associated work on Railway Infrastructure and Vehicle on the BHP Port Kembla Steelworks rail network.

3.1.2 "Associated Work" means work associated with Railway Work.

3.1.3 "the employer" shall mean either Fluor Global Services Australia Pty Ltd or United Goninan, parties to this Award.

3.1.4 "Union" means the Australian Workers’ Union, the Australian Manufacturing Workers Union and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Workers Union, signatory to this award as a single bargaining unit.

3.1.5 "Employee" shall mean an employee of Fluor or Goninan who is entitled to the rates of pay and conditions of this Award.

3.1.6 "BHP" means BHP Port Kembla Steelworks

3.1.7 "Bargaining Unit" means the Unions signatory and party to this Award.

3.1.8 "Fluor" shall mean Fluor Global Services (Australia) Pty Ltd, "Goninan" shall mean A. Goninan & Co Limited

3.1.9 "IRC" means the New South Wales Industrial Relations Commission.

3.1.10 "Award" means the Award for the Railway Work as defined in this document.

3.1.11 "ACTU" means the Australian Council of Trade Unions.

3.1.12 "AWU" means Australian Workers’ Union (Pt Kembla branch).

3.1.13 "AMWU means the Australian Manufacturing Workers Union.

3.1.14 "ETU" means the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union.

3.1.15 "Upgrading" means modification, refurbishment and modernisation work and shall be deemed to include minor construction work.

3.1.16 "Ordinary rate of pay" means the base rate of pay.

3.1.17 "Emergency work" means work that is required to be performed due to causes such as:

(a) whereby unless repairs are undertaken outside ordinary working hours the problem will unduly hold up normal operation of the steelworks.

3.1.18 "Act" means the NSW Industrial Relations Act 1996 (as amended).

3.2 Rates Of Pay And Classifications

3.2.1 Base Rates

Classification Structure - Infrastructure Maintenance Worker (IMW) - Fluor Global Services Australia Pty Ltd

(a) An employee’s remuneration shall be as provided for in this Award and notified to prospective employees in the Letter of Offer of Employment and the Acceptance form or as varied from time to time.

(b) Wages and allowances contained in this award shall not be subject to variation for a period of two (2) years.

(c) The following wage rates will be paid (for the performance of a 38 hour week) for the respective classifications for skills acquired and utilised from the first pay period commencing on or after the specified date.

Classification	On Commencement	30 November2004	15 October 2005	1 September2006
	of Award	4.5%	4.5%	4.5%
	$	$	$	$
IMW 1	663.04	$692.88	$724.06	$756.64
IMW 2	714.89	$747.06	$780.68	$815.81
IMW 3	755.71	$789.72	$825.25	$862.39
IMW 4	784.39	$819.69	$856.57	$895.12
IMW 5	826.32	$863.50	$902.36	$942.97
IMW 6	891.41	$931.52	$973.44	$1,017.25
IMW 7	930.02	$971.87	$1,015.61	$1,061.31
Note: The above rates are inclusive of all allowances, except a tradesperson who holds an A-grade electrical
licence who shall be paid an additional $44.13 per week*, Meal Allowance (paragraph 4.2.6), and a First
Aid Allowance as specified in Clause 6.1. This rate shall also comprehend the climatic conditions, isolation
and the wearing of safety equipment on the works. Such equipment will be supplied by Fluor to employees
when required.

* The A-grade electrical licence allowance is an all purpose allowance that will be amended in line with the percentage wage increases as listed above.

3.2.2 Classifications - Fluor Global Services Australia Pty Ltd

Infrastructure Maintenance Worker Grade 1 (IMW1)

Department: - Rail Maintenance

Reports to: - Supervisor

Scope

The Infrastructure Maintenance Worker Grade 1 carries out the primary functions of track safety watching and/or greasing and may assist in general track mechanical and civil maintenance and will work flexibly within a team to achieve the Project objectives. Responsibilities include personal safety, quality and quantity of work, and productivity performance.

Competencies

Basic Job Function: Track safety watching and/or greasing

Tasks & Skills:

Points cleaning and greasing

Carry out safety watching duties

Basic knowledge of rail track components

Reporting visible defects in track - visual inspections and reporting via written check sheet.

Assist in carrying out minor repairs to track when defects are found so as to maintain track integrity.

Work to standard procedures and have involvement and commitment to OH&S initiatives and the Rail Safety Act.

Maintain good standards of housekeeping at all times.

Maintain and construct walkways and clean up spillages.

Other tasks and skills consistent with the classification.

and is competent in the use of:

(a) Safety and personal protective equipment.

and will be trained and qualified in:

(a) Track access procedure to the appropriate level.

(b) Permit to work procedures

The Infrastructure Maintenance Worker Level 1 will have the opportunity to undertake relevant training and to acquire additional skills and experience to enable him/her to progress through the classification structure to Level 4.

This is not an exhaustive list and all Railway Infrastructure Maintenance track crewmembers will perform all of the tasks for which they are competent or trained to perform.

Infrastructure Maintenance Worker Grade 2 (IMW2)

Department: Rail Maintenance

Reports to: Supervisor

Scope

The Infrastructure Maintenance Worker Grade 2 carries out the general track mechanical and civil maintenance and will work flexibly within a team to achieve the Project objectives. Responsibilities include personal safety, quality and quantity of work, and productivity performance.

Competencies

Basic Job Function: Track maintenance work using hand tools

Tasks & Skills:

Basic track maintenance, assist in building and installing turn-outs and rail section, renewing rails, replacing turn-out components, replacing fish plate bolts, changing sleepers and installing insulated joints.

Points cleaning and greasing

Basic knowledge of rail track components

Reporting visible defects in track - visual inspections and reporting via written check sheet.

Carry out minor repairs to track when defects are found so as to maintain track integrity.

Work to standard procedures and have involvement and commitment to OH&S initiatives and the Rail Safety Act.

Maintain good standards of housekeeping at all times.

Assist in re-railments.

Maintain and construct walkways and clean up spillages.

Carry out safety watching duties

Other tasks and skills consistent with the classification.

and is competent in the use of:

(a) Safety and personal protective equipment.

and will be trained and qualified in:

(a) Track access procedure to the appropriate level.

(b) Permit to work procedures

This is not an exhaustive list and all Railway Infrastructure Maintenance track crewmembers will perform all of the tasks for which they are competent or trained to perform.

Infrastructure Maintenance Worker Grade 3 (IMW3)

Department: Rail Maintenance

Reports to: Supervisor

Scope

The Infrastructure Maintenance Worker Grade 3 is an experienced Per Way worker and carries out the general track mechanical and civil maintenance inclusive of and beyond Maintenance Worker Grade 1 level. Infrastructure Maintenance Worker Grade 3 will work flexibly in a team to achieve the Project objectives. Responsibilities include personal safety, quality and quality of work, and productivity performance.

Competencies

Basic Job Function: Track maintenance work using hand tools and small plant

Tasks & Skills:

Accredited in and perform all IMW 2 tasks

Welding rails together in continuous lengths using the thermit welding process.

Competent and proficient in the use of all small plant, including but not limited to, rail drills, sleeper borers, jacks, rail grinders, buta frame, rail cutters, rail saw, switch and crossing grinder, lockspike puller, Huckbolt machine, strapping machine.

Repair and set-up points type 45, 141 and hold down, etc.

Receive and issue tools and stores and maintain appropriate hard copy records. Collect and deliver equipment and hand lift spares to work site.

Safe use of thermal cutting equipment.

Other tasks and skills consistent with the classification.

and is competent in the use of:

(a) Safety and personal protective equipment.

and will be trained and qualified in:

(a) Track access procedures - to the appropriate level.

(b) Permit to work procedures

This is not an exhaustive list and all Railway Infrastructure Maintenance track crewmembers will perform all of the tasks for which they are competent or trained to perform.

Infrastructure Maintenance Worker Grade 4 (IMW4)

Department: Rail Maintenance

Reports to: Supervisor

Scope

The Infrastructure Maintenance Worker Grade 4 has infrastructure inspection responsibilities and carries out general track mechanical and civil maintenance. Responsibilities include personal safety, quality and quantity of work, and productivity performance.

Competencies

Basic Job Function: Carry out all track maintenance tasks with the use of hand tools, on and off track plant

Tasks & Skills:

Operate HIAB with various attachments to assist in preparation and laying of track.

Operate forklift for transport of materials required for track maintenance work. The operator cleans, greases and fuels the machine (as required) and carries out a daily inspection of the machine to detect faults. (Workcover Ticket required).

Competent and proficient in at least one (1) of the following. Skills and tasks will be allocated depending on Fluor requirements:

1. Operate Backhoe and Front End Loader for digging, back filling and levelling of ballast used in track work and the removal and replacement of damaged rails, sleepers etc. The operator cleans, greases and fuels the machine and carries out a daily inspection of the machine to detect faults. (Workcover Ticket required).

2. Drive trucks to transport crews, equipment and material (3A licence required).

3. Dogging Class One - to assist with slinging of track components (Workcover Ticket required). Pre-existing Crane Chasers tickets will be recognised.

4. Tamper/regulator machine operation for rail maintenance,

In addition, the IMW4 must also perform:

Other tasks and skills consistent with the classification.

Provide basic level instruction and training to other operators.

Basic mechanical and electrical repairs. Relevant training will be provided to enable employees to perform these tasks in a safe, efficient, legal and logical manner. These include but are not limited to:

General repairs to 2 and 4 stroke machines i.e.: change spark plugs, clean fuel filters, adjust belts, etc.

Change blades on chain and rail saws

Change hydraulic hoses on portable rail equipment eg: huck machine, spike puller, etc.

Change grinding wheels

Assist in the training of other employees in safe working procedures

Be accredited in and perform all IMW 1,2 and 3 tasks and skills as required.

and is competent in the use of:

(a) Safety and personal protective equipment.

and will be trained and qualified in:

(a) Track access procedures - to the appropriate level particularly harnesses and ladders.

(b) Permit to work procedures

This is not an exhaustive list and all Railway Infrastructure Maintenance track crewmembers will perform all of the tasks for which they are competent or trained to perform.

Infrastructure Maintenance Worker Grade 5 (IMW5)

Department: Rail Maintenance

Reports to: Supervisor

* This level will be by appointment only

Scope

The Infrastructure Maintenance Worker Grade 5 has broad infrastructure maintenance responsibilities and carries out general track maintenance and civil maintenance. This includes track, easement, structures and geo-technical systems. Infrastructure Maintenance Worker Grade 5 will work flexibly in a team to achieve the Project objectives. Responsibilities include personal safety, quality and quantity of work and productivity performance.

Competencies

Basic Job Function: To perform CWR track adjustment, equivalent to RIC PW3 Track certification equivalent to RIC PW53 or Track repair machine operations functions in rail maintenance.

Tasks & Skills:

Accredited and perform IMW1, 2, 3 & 4 skills as required.

Plan and schedule work for repair crews.

Assist in developing and updating Standard Operating Procedures for safe working and use of rail maintenance equipment.

Prepare and authorise work requests and ATWs.

Liaise with Rail Operations regarding track requirements.

Relieving staff supervisors as required.

Assist Supervisor in tasks such as ordering parts, organising job requirements eg: liaising with Rail Operations, order cranes etc. as required.

Maintain Defect Data Base and Audit repair operations.

IMW 5 will also be competent and proficient in at least one (1) of the following:

Detail track examination, certification and reporting according to a prioritised schedule to identify maintenance requirements and prepare work orders to be used by repair crews.

Operate the Tamper to achieve design line and lift levels. Carry out basic mechanical and electrical repairs relating to the Tamper and regulator. This would include, but is not limited to, adjusting limit switches; changing fuses, indicator panel light bulbs, relays on panel circuit; test solenoid valves and changing bolt on, bolt off items.

Other tasks and skills consistent with the classification.

and is competent in the use of:

(a) Safety and personal protective equipment

and will be trained and qualified in:

(a) Track access procedures - to the appropriate level

(b) Permit to work procedures

This is not an exhaustive list and all Rail Infrastructure Maintenance line crewmembers will perform all of the tasks for which they are competent or trained to perform.

Infrastructure Maintenance Worker Grade 6 (Signals) (IMW6)

Department: Rail Maintenance

Reports to: Supervisor

Scope

The Infrastructure Maintenance Worker Grade 6 (Signals) has specific electrical signals responsibilities. Responsibilities also include personal safety, quality and quantity of work, and productivity performance. The Infrastructure Maintenance Worker Grade 6 will work flexibly within a team to achieve the Project objectives and is competent in the following procedures:

Competencies

Infrastructure Maintenance Worker Grade 6 (Signals) under the broad direction of the Superintendent maintains, repairs and overhauls the signalling system of the Railway Infrastructure Maintenance line. Conducts regular inspections and maintenance. Installs new equipment and provides on the spot repairs and testing on site. The Infrastructure Maintenance Worker Grade 6 (Signals) will hold the appropriate level trade certificate or possess equivalent skills and experience to work competently in the following:

Carry out mechanical and electrical signals maintenance. This would include, but is not limited to, implementation of technical maintenance plans, reading track plans, diagnosing and repairing mechanical and electrical signalling system faults. Servicing, certification and adjustment of facing lock points, points signal equipment. Renewal and maintenance of mechanical and electrical signalling equipment and measuring mechanical and electrical signalling equipment. Installing level crossing equipment and welding of rail bonds

and has specific competencies in the following:

(a) Maintenance of signalling systems.

(b) Rail bond welding techniques

(d) Cable jointing

(e) Supervisory and monitoring systems experience.

and is competent in the use of:

(a) Safety and personal protective equipment.

and will be trained and qualified in:

(a) Track access procedures - to the appropriate level.

(b) Permit to work procedures

Infrastructure Maintenance Worker Grade 7 (Signals) (IMW7)

Department: Rail Maintenance

Reports to: Supervisor

Scope

The Infrastructure Maintenance Worker Grade 7 (Signals Electrician) has specific electrical signals responsibilities, possesses advanced signal fault analysis and correction skills. Responsibilities also include personal safety, quality and quantity of work, and productivity performance. The Infrastructure Maintenance Worker Grade 7 will work flexibly within a team to achieve the Project objectives and is competent in the following procedures

Competencies

Infrastructure Maintenance Worker Grade 7 (Signals Electrician) under the broad direction of the Superintendent maintains, repairs and overhauls the signalling system of the Railway Infrastructure Maintenance line. Conducts regular inspections and maintenance. Installs new equipment and provides on the spot repairs and testing on site. This level will be by appointment only.

and has specific competencies in the following:

(a) Maintenance of signalling systems.

(b) Rail bond welding techniques

(d) Signal fault analysis and correction

(e) Cable jointing

(f) Supervisory and monitoring systems experience.

and is competent in the use of:

(a) Safety and personal protective equipment.

and will be trained and qualified in:

(a) Track access procedures - to the appropriate level.

(b) Permit to work procedures

(d) Engineering safe working procedures to the appropriate level

Classification	On Commencement	30 November2004	15 October2005	1 September2006
	of Award	4.5%	4.5%	4.5%
	$	$	$	$
RSM1	714.89	$747.06	$780.68	$815.81
RSM2	755.71	$789.72	$825.25	$862.39
RSM3	799.84	$835.83	$873.45	$912.75
RSM4	842.87	$880.80	$920.44	$961.85
RSM5	861.62	$900.39	$940.91	$983.25
RSM6	891.41	$931.52	$973.44	$1,017.25
RSM7	930.02	$971.87	$1,015.61	$1,061.31
RSM8	968.63	$1,012.22	$1,057.77	$1,105.37
Note: The above rates are inclusive of all allowances, except a tradesperson who holds an A
grade electrical licence who shall be paid an additional $44.13per week*, Meal Allowance (paragraph
4.2.6), and a First Aid Allowance as specified in Clause 6.1. This rate shall also comprehend the climatic
conditions, isolation and the wearing of safety equipment on the works. Such equipment will be supplied
By United Goninan to employees when required.

* The A-grade electrical licence allowance is an all purpose allowance that will be amended in line with the percentage wage increases as listed above.

3.2.3 Classifications United Goninan

CLASSIFICATION STRUCTURE - ROLLING STOCK MAINTAINER (RSM)

Rolling Stock Maintainer (ALL Levels)

A Rolling Stock Maintainer is an employee who has completed appropriate training at levels specified below for the relevant grades and demonstrate competency in carrying out the duties as specified below for the relevant grades.

All Rolling Stock Maintainers must have received training and be competent in the following:

(a) Able to work co-operatively as a team member.

(b) Able to provide reports and understand basic computer operations.

(d) Able to operate one or more pieces of load shifting equipment (with licences where appropriate)

(e) Able to demonstrate understanding of Occupational Health and Safety legislative requirements, use of protective equipment, emergency procedures and hygiene and housekeeping procedures.

(f) Able to identify and report on possible work practice/process improvements within own work area.

(g) Able to carry out all incidental operations such as cleaning etc to achieve "whole of job completion".

The above training would be equivalent to 3 appropriate modules

Rolling Stock Maintainer 1 (RSM1)

A Rolling Stock Maintainer Level 1 is an employee who has completed an Certificate I Engineering or equivalent so as to enable the employee to perform work within the scope of this level, such as but not limited to:

Additional Competencies

The RSM1 is competent in the following additional areas.

(a) Able to apply known solutions to a limited range of predictable problems

(b) Assess and record information from various sources

Rolling Stock Maintainer 2 (RSM2)

A Rolling Stock Maintainer Level 1 is an employee who has completed an Certificate 2 Production Technology or equivalent so as to enable the employee to perform work within the scope of this level, such as but not limited to:

Additional Competencies

The RSM2 is competent in the following additional areas.

(a) Able to measure and report on quality of incoming goods and components, including inventory control processes.

(b) Able to recognise and report simple problems with typical plant/ equipment

(d) Able to interpret available information, using discretion and judgement

Rolling Stock Maintainer 3 (RSM3)

A Rolling Stock Maintainer Level 3 is an employee who has completed an Engineering Certificate 3 Engineering or equivalent so as to enable the employee to perform work within the scope of this level.

An employee at this level performs work to the level of his/her skills, competence and training, including but not limited to:

Additional Competencies

The RSM3 is competent in the following additional areas.

(a) Able to identify and assist in solving basic engineering problems.

(b) Able to assist in on-the-job training.

(d) Able to identify and apply skills and knowledge areas to a wide variety of contexts with depth in some areas

Rolling Stock Maintainer 4 (RSM4)

This is the entry band for trades employees such as but not limited to:

Electrician

Boilermaker

Fitter

Welder (All Certificates)

Machinist

A Rolling Stock Maintainer Level 4 is an employee who holds a trade certificate or tradespersons rights certificate as an:

(i) Engineering Tradesperson (Electrical/Electronic)

(ii) Engineering Tradesperson (Mechanical)

(iii) Engineering Tradesperson (Fabrication)

(iv) or equivalent

and is able to exercise the skills and knowledge of the engineering trade and the competencies of all lower levels of Rolling Stock Maintainers, so as to enable the employee to perform work within the scope of this level.

Additional Competencies

The RSM4 is competent in the following additional areas.

(a) Able to describe methods to prevent/control quality problems and able to identify most quality problems within own work section

(b) Able to follow suppliers' procedures manuals or drawings or other directions for the installation and commissioning of equipment.

(d) Able to plan a logical sequence of operations to successfully complete a breakdown / installation / servicing / repair task.

(e) Able to diagnose simple pneumatic, hydraulic, electrical and mechanical equipment faults.

(f) Able to carry out simple repairs to pneumatic, hydraulic, electrical and mechanical equipment including basic welding.

Rolling Stock Maintainer 5 (RSM5)

Three appropriate modules in addition to the training requirements of RSM4 level or; any training which a registered provider (eg TAFE) or by a State Training Authority has been recognised as equivalent to an accredited course which the appropriate industry board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications.

Additional Competencies

The RSM5 is competent in the following additional areas.

(a) Able to recognise and report complex problems with typical plant/ equipment.

(b) Able to produce written reports on quality faults or maintenance breakdowns.

(d) Able to carry out complex repairs to pneumatic, hydraulic, electrical and mechanical equipment including specialised welding.

(e) Able to drive and shunt rail vehicles within restricted boundaries.

At this level the employee is engaged on routine tasks in the technical fields.

Rolling Stock Maintainer 6 (RSM6)

Six appropriate modules in addition to the training requirements of RSM4; or

Certificate 4 Engineering - Higher Engineering Trade

any training which a registered provider (eg TAFE) or by State Training Authority has been recognised as equivalent to an accredited course which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications.

Additional Competencies

The RSM 6 is competent in the following additional areas.

(a) Exercises precision trade skills using various materials and/or specialised techniques.

(b) Works on complex or intricate circuitry which involves examining, diagnosing and modifying systems comprising inter-connected circuits.

(d) Able to perform advanced team co-ordination functions in the field of quality or safety or materials or shop maintenance or training.

Rolling Stock Maintainer 7 (RSM7)

Nine appropriate modules in addition to the training requirements of RSM4; or

Three appropriate modules in addition to the training requirements of RSM6: or,

any training, which a registered provider (eg TAFE) or by State Training Authority has been recognised as equivalent to an accredited course, which the appropriate industry training board recognises for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications

Additional Competencies

The RSM 7 is competent in the following additional areas.

(a) Able to produce simple cost benefit analysis on improved work practices or equipment modifications.

(b) Able to perform CAD drafting at a simple level.

(d) Ability to transfer and apply theoretical concepts and / or technical or creative skills to a broad range of situations

Rolling Stock Maintainer 8 (RSM8)

Twelve appropriate modules in addition to the training requirements of RSM4; or

Six appropriate modules in addition to the training requirements of RSM6: or

Diploma in Engineering

Additional Competencies

The RSM 8 is competent in the following additional areas.

(a) Able to produce complex cost benefit analysis on improved work practices or equipment modifications.

(b) Able to perform Audits on internal work teams or external suppliers

3.3 Special Allowances

3.3.1 Leading Hand

An employee appointed by the employer as a leading hand shall be paid in addition to his/her ordinary rate of pay an allowance of $1.50 per hour for each hour they are so appointed. This allowance is all purpose.

3.3.2 Employee Availability

Any employee required by the employer to be available for recall (as opposed to standing-by) to work after working hours will be paid an availability allowance of $45.00 flat rate per twenty-four (24) hour period. Not exceeding $315.00 in any given week.

The employer will provide mobile telephones or other suitable communication equipment for the duty availability person. That person shall be able to be contacted in the event of a emergency or unscheduled work and will attend if they are able.

3.3.3 Dirty work

An employee working in any place where their clothing becomes dirty or soiled and the employee and their supervisor agree that the work is of an unusually dirty or offensive nature, the employee shall be entitled to 34 cents per hour extra (flat).

Any employee who becomes entitled to this extra rate shall be paid such rate only for the part of the day or shift that they are required to work in the dirty clothes. This extra rate is not payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear.

3.4 Payment Of Wages

3.4.1 Payment of Wages

All earnings shall be paid to employees by electronic transfer on a weekly or fortnightly basis into a bank account or other financial institution nominated by the employee.

Details of payment to employees on pay slips shall contain the following information:

Name of employee

Classification of the employee and reference number

Date of payment (including period of payment)

Classification rate (hourly)

Hours of work (normal and overtime)

Allowances

Deductions (such as union)

Annual Leave entitlement

Sick Leave entitlement

3.4.2 Payment on Termination

Upon termination of employment, wages due to an employee shall be paid within two (2) working days of such termination, or forwarded to them by post or electronic fund transfer within two (2) working days.

3.5 Bonus

Employees shall be entitled to an annual bonus of up to 3% of of their gross wages (including overtime) paid in two increments. The bonus will be dependent on KPI performance developed for the relevant group. The KPI’s are made up of shop specific items including safety, IR and performance KPI’s and overall Company KPI’s and will be developed and agreed with Company and Employees.

The basis for applying the KPI’s will be as per the current (2004) Bonus arrangement.

4. Hours of Work, Overtime

4.1 Hours Of Work

4.1.1 Ordinary Hours - (Non shift workers)

(a) Subject to the provisions of this clause, the ordinary hours of work for day workers shall be thirty-eight (38) hours per week, which will generally be worked in 8.0 hour days between 6.00am and 6.00pm Monday to Friday and shall be worked consecutively except for a meal interval which shall be of thirty (30) minutes duration.

The thirty-eight (38) hours per week shall be worked on one of the following bases:

38 hours within a work cycle not exceeding 7 consecutive days; or

76 hours within a work cycle not exceeding 14 consecutive days; or

114 hours within a work cycle not exceeding 21 consecutive days; or

152 hours within a work cycle not exceeding 28 consecutive days; or

any other work cycle during which a weekly average of thirty-eight (38) ordinary hours are worked may be agreed.

Provided that:

(1) In any arrangement of ordinary working hours where the ordinary working hours are to exceed eight (8) on any day the arrangement of hours shall be subject to agreement between the employer and the majority of employees; and

(2) By agreement between an employer, the union concerned and the majority of employees, the ordinary hours not exceeding twelve (12) on any day may be worked. When such twelve (12) hour days are worked, the provisions of the ACTU OHS provisions on shift work will be utilised as guidelines.

(3) Provided that the spread of hours may be altered as to all or a section of the employees by agreement of the employer and the majority of employees.

4.1.2 Rostered Days Off (RDO)

(a) The ordinary hours shall be worked within a four (4) week cycle of nineteen (19) working days each of eight (8) hours and one (1) rostered day off. Twenty-four (24) minutes of each day worked during a cycle shall accrue as an entitlement to take a day off which shall be paid for as though worked 7.6 hours.

(b) At the beginning of each year Fluor or United Goninan will establish a twelve (12) month program for the taking of Rostered Days Off in order to provide adequate numbers of employees on duty at any one time to maintain maintenance schedules.

(c) Where Fluor or United Goninan determines after consultation with the Union that there are specific needs and schedule requirements for the undertaking of works, and it is not practicable for the taking of a rostered day/s off such day/s shall accumulate, to a maximum of five (5), and be taken at a later date and a mutually agreed time or times.

(d) On termination of employment or at the completion of an individual's year of employment, unused or accumulated RDO entitlements shall be paid, at the rate of ordinary time.

(e) Each day of paid leave taken and any public holiday occurring during any four (4) week cycle shall be regarded as a day worked for accrual purposes

Nothing shall prevent Fluor or United Goninan and its employees in conjunction with the union to introduce any new cycle or arrangement of ordinary hours to suit maintenance or track requirements.

4.1.3 Meal Breaks

A 30 minute unpaid meal break shall be taken at a time convenient to the operations and the business, as near as practicable to the middle of the day or shift, respectively. Employees shall be entitled to a paid ten minute morning break each weekday.

Employees shall be paid at overtime rates for all time worked in excess of five hours without commencing an uninterrupted meal break or crib break.

Employees required to work more than a 10-hour shift shall be entitled to a 20 minute crib break and to a further crib break in respect of each completed four hours of overtime (exclusive of the crib break), if they are to continue work after such four hours. Employees shall be paid $10.00 (meal allowance) to purchase each meal. A meal allowance shall be paid after ten hours and then after a further four hours of completed overtime, if they are to continue work after such four hours.

Employees required to work overtime not continuous with ordinary hours shall be entitled to a crib break in respect of each completed four hours of overtime (exclusive of crib break) if they are to continue after such four hours.

Employees who agree not to take a crib break to which they are entitled but continue to work instead, shall be paid equivalent to the period of crib time in addition to the time worked.

The crib break referred to herein may be taken in relays so as not to have a significant impact on operations and so long as they do not exceed 20 minutes in duration and shall be paid at ordinary time rates.

4.2 Overtime

4.2.1 Payment for Working Overtime

For all work done outside ordinary hours the rates of pay shall be time and a half for the first two (2) hours and double time thereafter, such double time to continue until the completion of the overtime work except for Saturdays where double time shall be paid for work performed after noon and for Sundays where double time shall be paid for all time worked.

Except as provided in this sub-clause hereof in computing overtime each day's work shall stand alone.

For the purposes of this clause ordinary hours shall mean the hours worked fixed by this in accordance with sub-clause (4.1.1) of this Agreement.

The hourly rate, when computing overtime, shall be determined by dividing the appropriate weekly rate by thirty-eight (38).

4.2.2 Requirements to Work Overtime

The employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement subject to safety provisions.

The assignment of overtime by Fluor or United Goninan to an employee shall be based on specific work requirements and the practice of "one in, all in" overtime shall not apply.

4.2.3 Rest Period after Overtime

When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten (10) consecutive hours off duty between the work of successive days.

An employee (other than a casual employee) who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not had at least ten (10) consecutive hours off duty between those times shall, subject to this sub-clause, be released after completion of such overtime until they have had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

If on the instructions of the employer such an employee resumes or continues work without having had such ten (10) consecutive hours off duty they shall be paid at double rates until they are released from duty for such period and they shall then be entitled to be absent until they have had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

The provisions of this sub-clause shall apply in the case of shift workers:

(a) For the purpose of changing shift rosters; or

(b) Where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

4.2.4 Call Back

Where an employee is recalled to work after leaving the workplace the following shall apply:

The employee shall be paid for a minimum of four hours at the rate of time and half for the first two hours and double time thereafter (or double-time for the full period for continuous shift workers). (Weekend call out will be paid at the overtime rate).

Where an employee is called back to work on a Public Holiday during ordinary hours of work, the employee shall be entitled to normal Public Holiday pay plus a minimum of 4 hours at double time. For Call Back outside ordinary hours of work, call out will be at double time and a half.

There are number of conditions which apply to this provision:

If the employee is recalled on more than one occasion between the termination of their ordinary work on one day and commencement of their ordinary hours on the next ordinary working day, the employee shall be entitled to the four hours minimum overtime payment. However, in such circumstances it is only the time which is actually worked during previous call or calls which is to be taken into account when determining the rate for subsequent calls.

The employee will not be required to work the full four hours if the job in question is completed within a shorter period.

Overtime worked in this clause is not to be regarded as overtime for the purpose of rest periods after overtime, when the actual time worked is less than three hours on the call back or each call back.

4.2.5 Excess Travelling Time

Employees who volunteer and are required to undertake duty temporarily at a location other than their home depot shall be paid the time spent travelling to and from their residence less the travelling time that would have been incurred to enable the same duty to be undertaken at their home depot.

Travelling time payable under these conditions shall be paid on the same basis as in Clause 4.2.1.

4.2.6 Meal Allowance

An employee required to work overtime for more than two (2) hours without being notified on the previous day or earlier that they will be so required to work shall either be supplied with a meal by the employer or paid $10.00 for the first meal and each subsequent meal.

The above meal allowance rate shall be increased in accordance with the pay rise % on the relevant date for each rise.

Arrangements shall be made with the site catering contractor (Eurest) to provide change for unused amount if purchases are made using Crib Vouchers.

Unless the employer advised an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be) the employer shall provide such second (2nd) and/or subsequent meals or make payment in lieu thereof as above prescribed. If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or are required to work less than the amount advised they shall be paid as above prescribed for meals which they have provided but which are surplus.

4.2.7 Transport of Employees

Where an employee, after having worked overtime or a shift for which they have not been regularly rostered, finishes work at a time when their usual means of transport is not available, the employer shall provide them with a conveyance to their home, or pay them their current wage for the time reasonably occupied in reaching their home.

4.3. Public Holidays and Sunday Work

4.3.1 Prescribed Holidays

(a) An employee other than a casual shall be entitled, without loss of pay, to public holidays as follows: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hours' Day or Labour Day, Christmas Day, Boxing Day,

or such other day as is generally observed in a locality as a substitute for any of the said days respectively.

(b) In addition to the public holidays prescribed in sub-clause (a) of sub-clause, one (1) additional public holiday shall apply to an employee on weekly hire:

Employees will be entitled to a picnic day on the day set aside for the annual Steelworks picnic day, provided at least 12 weeks notice of the allocated day is provided to the company.

4.3.2 Where Christmas/Boxing Days fall on Saturdays or Sundays

(a) Where Christmas Day falls on a Saturday or on a Sunday, the following Monday and Tuesday shall be observed as Christmas Day and Boxing Day respectively;

(b) Where Boxing Day falls on a Saturday, the following Monday shall be observed as Boxing Day;

and the said Saturday and/or Sunday shall be deemed not to be holidays.

4.3.3 Substituted Prescribed Holidays

By agreement between the employer and its employees, other days may be substituted for the said days or any of them as to such employer's undertaking.

4.3.4 Payment for work on Public Holidays

An employee required to work overtime on a Public Holiday shall be entitled to normal Public Holiday pay plus double time for the hours worked (minimum 4 hrs) within ordinary working hours. For work carried out outside ordinary hours of work, the employee shall be entitled to double time and a half.

4.3.5 Holidays - Absence on Working Day Before or After

Where an employee is absent from their employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.

4.3.6 Minimum Payment - Holidays and Sundays

Employees required to work on Sundays or public holidays shall be paid for a minimum of four (4) hours work.

4.3.7 Crib Time - Holidays and Sundays

An employee who works on a Sunday or public holiday shall be allowed a crib time of twenty (20) minutes without deduction of pay after each four (4) hours of work, if the employee continues work after such crib time. Provided that where a day worker is required to work on a Sunday or public holiday the first prescribed crib time shall, if occurring between 10.00 am and 1.00 pm, be paid at the appropriate rates.

4.3.8 Meal Allowance - Holidays and Sundays

Will be in accordance with 4.2.6.

4.3.9 Rostered Day off falling on Public Holiday

An RDO will not be rostered on a public holiday.

4.4 Shift Work

4.4.1 Definitions

Shift Work

"Shift Work" means shift work scheduled for five consecutive workdays or more, Monday to Friday inclusive.

The Company through consultation with work teams can direct employees to work shift work as required, and the employees shall work the shift work as directed. The time of commencing and finishing shifts once having been determined may be varied by agreement between the Company and the majority of employees concerned to suit the business or, in the absence of agreement, by 48 hours notice of alteration given by the Company to the employees.

Where shifts fall partly on separate days, the day that has the major portion of the shift shall be recognised. Where shifts fall partly on a holiday, the shift that has the major portion falling on the public holiday shall be regarded as the holiday shift.

For the purposes of this Clause:

"Afternoon shift" means any shift of ordinary hours finishing after 6.00pm and at or before midnight.

"Night shift" means any shift of ordinary hours finishing subsequent to midnight and at or before 8.00am.

"Rostered Shift" means a shift of ordinary hours of which the employee concerned has had at least forty-eight (48) hours notice.

4.4.2 Hours

This subclause shall apply to shift workers working rostered shifts. The ordinary hours of work shall be an average of thirty-eight (38) per week over the roster period.

The designated ordinary hours shall be worked continuously except for meal breaks at the discretion of the employee. Meal breaks shall be scheduled between the third (3rd) and sixth (6th) hours of work. Except at regular changeover of shifts an employee shall not be required to work more than one (1) shift in each twenty-four (24) hours.

4.4.3 Shift Rosters

Shift rosters as promulgated by Fluor or United Goninan shall specify the commencing and finishing times of ordinary working hours of the respective shift.

4.4.4 Afternoon or Night Shift Allowances

(1) A shift worker whilst on afternoon or night shift shall be paid for such shift fifteen percent (15%) more than their ordinary rate.

(2) An employee who:

(i) During a period of engagement on shift, works night shift only; or

(ii) Remains on night shift for a longer period that four (4) consecutive weeks; or

(iii) Works on a night shift which does not rotate or alternate with another shift or with day work so as to give them at least one-third of their working time off night shift in each shift cycle, shall during such engagement period or cycle be paid thirty percent (30%) more than their ordinary rate for all time worked during ordinary working hours on such night shift.

4.4.5 Saturday and Sunday Shifts

The minimum rate to be paid to a shift worker for ordinary hours worked on Saturday shall be time and a half. The rate for ordinary hours worked on a Sunday shall be double time.

4.4.6 Overtime

Shift workers for all time worked in excess of or outside the designated ordinary working hours prescribed by this Agreement or on an overtime shift shall:

(1) Be paid at the rate of time and a half for the first two hours and double time thereafter.

Except in each case when the time is worked:

(2) By arrangement between the employees themselves;

(3) For the purposes of effecting the customary rotation of shifts; or

(4) On a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day.

Provided that when not less than eight (8) hours notice has been given to Fluor or United Goninan by a relief person that they will be absent from work and the employee to whom they should relieve is not relieved and is required to continue work on their rostered day off the unrelieved employee shall be paid double time.

4.4.7 Daylight Saving

When daylight saving comes into effect or is discontinued, employees shall be paid by the time of the clock at the commencement and conclusion of their shifts. Night shift employees who are at work when the clocks are altered will either work one hour longer for no additional pay or one hour less for the same pay.

5. Leave

5.1 Annual Leave

5.1.1 Annual Leave

(a)

(i) Employees (other than casuals) shall be allowed four (4) weeks leave on full pay annually to an employee after a period of twelve (12) months continuous service with Fluor or United Goninan provided that where Fluor or United Goninan and the employee agree the leave may be cleared in up to three (3) separate periods.

(ii) An employee may, with the consent of Fluor or United Goninan, take short term annual leave, not exceeding five (5) days in any leave year at a time or times separate from any of the periods determined in accordance with this sub-clause.

(b) Employees shall be paid for annual leave at their rate of pay when such annual leave is taken. Provided that if within two (2) weeks before such annual leave is taken the employee is acting in a higher capacity and has been so acting for a period of not less than two (2) months the annual leave shall be paid for at the rate applicable to the higher position.

(c) Any employee who may resign or be dismissed for any cause shall be entitled to receive payment for any annual leave which may have been due up to the time of leaving. Termination for misconduct shall not affect accumulated annual leave or payment therefore.

(d) A shift worker who is rostered to work ordinary hours regularly on Sundays and Holidays, be entitled to an additional one (1) weeks leave on full pay. An employee engaged on shift work with less than twelve (12) months who is rostered to work ordinary hours on Sundays and holidays, shall be entitled to half (0.5) a days leave for each month continuously worked on shift work up to five (5) days.

(e) Fluor or United Goninan may close down for one (1) or two (2) separate periods for the purpose of granting annual leave in accordance with this sub-clause. Provided that any such proposal shall be discussed with employees concerned.

5.2 Personal Leave

Amount of Paid Personal Leave

The provisions of this clause apply to full-time and pro rata for regular part-time employees, but do not apply to casual employees.

Paid personal leave is available to an employee when they are absent:

due to personal illness or injury (sick leave)

for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support (carer’s leave)

The amount of personal leave to which an employee is entitled depends on how long they have worked for the employer and accrues as follows:

(i)	Length of time worked for the employer	Personal Leave (days)
	Less than 12 months	8
	1 year to 5 years	10

Accumulation of Personal Leave

Unused Personal Leave accrues at the end of each year by the amount of annual entitlement less the amount of leave taken during the year.

Definitions

The term "immediate family" includes

spouse (including a former spouse, a de facto spouse and a former de facto spouse means a person of the opposite sex or same sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis;

and child or an adult (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

The Effect of Workers’ Compensation

If an employee is receiving workers’ compensation payments, they are not entitled to sick leave.

Employee must give notice

The employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty and as far as practicable state the nature of the injury or illness and the estimated duration of the absence.

If it is not reasonably practicable to inform the employer during the ordinary hours of the first day of such absence, the employee will inform the employer within 24 hours of such absence.

Evidence Supporting Claim

The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.

Single Day Absences

An employee who has already had two paid sick leave absences in the year, the duration of each absence being of one day only, is not entitled to further paid sick leave in that year of a duration of one day only, without production to the employer of a certificate of a qualified medical practitioner which states that the employee was unable to attend for duty on account of personal illness or injury.

An employer may agree to accept a Statutory Declaration in lieu of the required medical certificate.

Nothing in this sub paragraph limits the employers right under the clause, Evidence Supporting Claim.

Broken Service

If an employee is terminated by Fluor Global Services Australia Pty Ltd or United Goninan and is re-engaged by the Company within a period of six (6) months, then the employee’s unclaimed balance of sick leave shall continue from the date of re-engagement.

The provisions of this clause shall not apply to employees previously employed by BHPS in any form over any period.

Carer’s Leave

Paid Leave Entitlement

An employee is entitled to use up to 40 hours personal leave each year to care for members of their immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer’s leave where another person has taken leave to care for the same person.

Notice Required

When taking carer’s leave the employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably possible to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence.

The notice must include:

(i) the name of the person requiring care and support and their relationship to the employee;

(ii) the reasons for taking such leave; and

(iii) the estimated length of absence.

The employee must, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by another.

Unpaid Carer’s Leave

An employee may take unpaid carer’s leave by agreement with the employer.

5.3 Bereavement Leave

Paid Leave Entitlement

A full time employee is entitled to 16 hours bereavement leave on each occasion and on production of satisfactory evidence (if required by the employer) of the death of a member of the employee’s immediate family or household. The Term Immediate Family is as defined in Clause 5.2.

Part time Employees

A part time employee is entitled to take two days, up to a maximum of 16 hours bereavement leave on the same basis as prescribed for full time employees in subclause 1.1.5(a) except that leave is only available where a part time employee would normally work on either or both of the two working days following the death.

5.4 Parental Leave

Provisions of the NSW Industrial Relations Act 1996 will apply.

5.5 Jury Service

An employee required to attend for jury service during his ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his attendance for such jury service and the amount of wage he would have received, in respect of the ordinary time he would have worked had he not been on jury service.

An employee shall notify the employer as soon as possible of the date upon which he is required to attend for jury service. Further the employee shall give his employer proof of his attendance, the duration of such attendance and the amount received in respect of such jury service.

5.6 Long Service Leave

Long Service Leave will be provided in accordance with the NSW Long Service Leave Act.

From the 1 January 2005, the Company will commence accruing Long Service Leave benefits for employees at the rate of 1.3 weeks accrual for each completed year of service thereafter. Any accrual up to and including 31 December 2004 will be at the current rate of 0.8667 weeks for each completed year of service. Entitlements become available in accordance with the Act.

5.7 Redundancy

5.7.1 Redundancy Pay

Where the company has made a definite decision that the company no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision leads to the termination of employment of the employee, the employee is entitled to the following amount of severance pay in respect of a period of service:

	Redundancy Pay
Period of Continuous Service	Employee is under	Employee is 45 Years
	45 Years of Age	or More
Less than 1 year	Nil	Nil
At the completion of one (1) year	4 Weeks	5 Weeks
At the completion of two (2) years	7 Weeks	8.75 Weeks
At the completion of three (3) years	10 Weeks	12.5 Weeks
At the completion of four (4) years	12 Weeks	15 Weeks
At the completion of five (5) years	14 Weeks	17.5 Weeks
At the completion of six (6) years or more	16 Weeks	20 Weeks

"Week's pay" means the Weekly Base Rate of pay for the employee concerned. Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

5.7.2 Employee Leaving During Notice

An employee whose employment is terminated for reasons set out in paragraph 5.6.1 hereof may terminate their employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this Clause had they remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

5.7.3 Notice to Commonwealth Employment Service

Where a decision has been made to terminate employees in the circumstances outlined in paragraph 5.6.1 hereof, the employer shall notify the Commonwealth Employment Service thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

5.7.4 Employees with Less than One Year's Service

This Clause shall not apply to employees with less than one (1) year's continuous service and the general obligation on the employer should be no more than to give relevant 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.

5.7.5 Employees Exempted

This Clause shall not apply where employment is terminated as a consequence of conduct that justified instant dismissal, including malingering, inefficiency, or neglect of duty, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specified task or tasks.

5.8 Trade Union Training

The employer recognises the importance of responsible and informed workplace representation, and therefore agrees to allow the nominated workplace union delegate to attend properly authorised delegate training.

In support of this training the employer agrees to release a nominated delegate without loss of pay for a maximum period of five (5) days in a calendar year. The five (5) days per calendar year is not cumulative. An additional day to attend trade union training may be granted subject to agreement between the parties, where such day is required to complete nominated courses in progress.

It is understood that the employer will be advised of the dates of the proposed meetings and training in advance and be provided with the course outline for training. The delegate is obliged to make application to the Company to attend. This training is not intended to unduly interrupt the Company’s operations or to prevent it meeting customer service obligations.

Payment for any authorised training leave shall be at ordinary time rates only for normal working hours. The employer shall not be responsible for any other associated costs.

6. General

6.1 First Aid

6.1.1 A suitably qualified First Aid Certificated person shall be present, on the job, in accordance with the provisions of any NSW Health and Safety Act. This person shall be an employee of the company and shall be on duty during normal working hours. A first-aid kit, up to the St John Ambulance standard shall be standard on each truck.

6.1.2 An allowance of $9.80 per week worked shall be paid to an employee who holds, and exercises the skills , provided for by an approved First Aid Certificate.

6.2 Right Of Entry

Any duly accredited representative of the union shall have the right to enter in accordance with the NSW Industrial Relations Act 1996.

6.3 Disciplinary Procedure

6.3.1 Counselling Procedure

The employer shall ensure that they have counselling procedures in place for employees. The employer shall ensure that employees receive counselling where necessary before any warning is given and the employee shall be advised that they are being formally counselled under these Disciplinary Procedures. Where possible the employer shall assist the employee to improve their work performance to a satisfactory standard. The employee may request a union representative be in attendance.

Should personal matters/issues be involved, the employee may request that the employer’s representative deal with such matters/issues in confidence.

A written advice shall be supplied to the employee and a copy shall be placed on the employee's file. If after six (6) months, no further remedial action is required, the reason for counselling shall be removed from the file.

6.3.2 Serious Misconduct - Summary Dismissal

An employee may be dismissed, without notice, for serious misconduct. Where Fluor or United Goninan dismisses an employee shall immediately confirm it in writing, setting out the reasons for the dismissal.

Advice to the employee of dismissal shall be by a senior representative of the employer. Examples of actions, which may constitute misconduct, include breaches of Safety Rules and Regulation. No dismissal shall be harsh or unreasonable.

6.3.3 Warning Procedure

If after counselling has occurred and the problem continues or another problem arises, which makes the employees conduct unsatisfactory in the areas of inefficiency, neglect of duty or other misconduct (other than serious misconduct warranting summary dismissal) Fluor or United Goninan shall follow the following procedures:

(a) First Warning

On the first occasion of unsatisfactory behaviour a senior representative of the employer shall:

Advise the employee of the behaviour that is deemed to be unsatisfactory;

Advise the employee of what action to take to correct the problem;

Advise the employee of the consequences of continuing the unsatisfactory behaviour.

Letter from Fluor or United Goninan to the employee shall confirm the details of the warning.

(b) Final Warning

An employee whose behaviour continues to be deemed to be unsatisfactory shall receive a final warning. This warning shall be issued in accordance with the procedure for the first warning but in addition the employee shall be advised that:

Further unsatisfactory behaviour shall result in the employee's dismissal.

This warning would be classified as the final warning and no further warnings will be permitted.

An employee who has received these warnings and who continues to engage in unsatisfactory behaviour shall be dismissed and this shall be confirmed in writing by the company to the employee.

(d) Instant Dismissal

There will be occasions when the warning system is not appropriate such as serious misconduct, in which case instant dismissal is the appropriate procedure.

Nothing in this Clause shall affect the right of an employer to dismiss an employee without notice for misconduct.

(e) Suspension

Nothing shall prevent an employer from standing down an employee with pay pending an investigation, where the matter is deemed to be serious.

An employee may be suspended without pay for a period of up to five (5) days in the case of misconduct, which does not warrant dismissal.

6.4 Induction

6.4.1 All employees shall, before commencing employment, attend and successfully complete an agreed Induction Program. The induction program shall include any other issues relevant to the rail and rolling stock maintenance activities.

The program will be conducted at a specified workplace location by the Fluor or Goninan. The employer reserves the right to alter the duration of the program and to conduct further induction and/or refresher programmes.

Each employee shall receive a copy of this award. They shall sign an acknowledgement of receiving same.

6.4.2 The employer has an obligation to maintain refresher programs as required for the benefit of its employees.

6.4.3 The employer will make time available to a representative of a respondent union during induction.

6.5 Works Practices

6.5.1 All persons are required to conform to all relevant safety statutes applicable in NSW. Safety Regulations shall be strictly observed at all times.

6.5.2 All employees shall be conversant with this Award and if necessary shall ask their Supervisor to explain any area of concern, and further:

(a) No alcohol is permitted on the job at any time.

(b) No narcotic drugs of addiction, non-prescribed drugs or illegal substances are permitted on the job at any time.

(c) Smoking is not permitted in any Fluor or Goninan building and/or enclosed workplace, and any other building that Fluor or Goninan may proclaim as a non-smoking area from time to time.

(d) No firearms are permitted on the job.

6.5.3 All employees shall, at all times, use the facilities provided by virtue of the terms of this Agreement.

6.5.4 All employees shall be required to conform with the Works Safety Handbook and Procedures as specified.

6.5.5 Employees shall work to the extent of their skill, experience and training without barriers to the flexible use of employees.

6.6 Superannuation

Fluor or Goninan shall contribute the statutory employer superannuation contribution to an approved superannuation fund, such as STA, C+BUS, EISS or for United Goninan employees, the United Group Superannuation Fund. Such funds shall comply with the Superannuation Guarantee Charge Act and Regulations on behalf of each eligible employee as defined in the regulations on a monthly basis. The level of contributions will be in accordance with the levels prescribed by the Act and varied from time to time.

Employees may voluntarily elect to contribute a proportion of their wages to the nominated superannuation fund in accordance with Australian Taxation Office rules and regulations. To do so an employee is required to notify Fluor Global Services (Australia) Pty Ltd or United Goninan in writing and the company will deduct the authorised amount from the employee's pay and remit it to their superannuation fund.

From 1 July 2005 a co-contribution arrangement for superannuation will be available at the election of the employee as per the following:

From 1 July 2005 where an employee makes a 3% voluntary contribution, the Company will contribute and additional 1% making the total Company contribution of 10%.

From 1 July 2006 where an employee makes a 4% voluntary contribution, the Company will contribute and additional 2% making the total Company contribution of 11%.

From 30 June 2007 where an employee makes a 5% voluntary contribution, the Company will contribute and additional 3% making the total Company contribution of 12%.

Salary Sacrifice

Employees may salary sacrifice their pre-tax earnings, subject to such arrangements being made for legitimate purposes such as additional superannuation contributions.

The amount of salary sacrifice being deducted from pre-tax earnings shall be deducted from gross earnings with each pay period. Any such arrangements must be requested, varied or amended in writing, providing no less than one months notice to the Company.

The amount of any salary sacrifice income requested must be a fixed sum, without variation from one pay period to the next. The company shall implement employee requests to commence salary sacrifice arrangements at four (4) times a year, on the first full pay period on or after the 1st January, 1st April , 1st July, and 1st October.

The Company recommends that employees seek independent financial advice prior to entering into salary sacrifice arrangement. Where adverse tax and/or superannuation changes occur, the Company or employee may terminate these salary sacrifice arrangements. Where a decision to terminate is made, employees will be given one month’s notice in writing.

6.7 Protective Clothing

6.7.1 Protective Clothing

It is a requirement that employees wear authorised employer issued clothing/uniform, and appropriate personal protective equipment including steel capped boots.

On engagement full time employees shall be issued with one pair of safety boots, four shirts, four trousers and one jacket.

On an annual basis after twelve months continuous service, full time employees shall be entitled to a clothing issue comprising 9 points in total. Boots will be provided earlier by demonstrated fair wear and tear.

Clothing entitlement is based on the following points per article:

Shirt - 1 point

Trousers - 1 point

Boots - 2 points

Socks - 1 point per 3 pairs

Jacket - 2 points

Employees who leave within the probationary period (three months), shall reimburse the Company for clothing and personal protective equipment as per the letter of 'offer for employment'.

Clothing and footwear provided by the employer shall be replaced by the Company on a fair wear and tear basis after approval from the appropriate Technical Co-ordinator.

It is a condition of employment that clothing/uniforms provided by the Company to employees be worn at all times during working hours. Employees failing to comply with this request will be managed through the Issue Resolution Process as a non-performance issue.

Records of type of clothing issued to employees will be recorded by the Company.

Employees will be required to wear an orange safety vest.

6.7.2 Protective Equipment

(a) The employer shall have available a sufficient supply of protective equipment (for example, goggles), (including anti flash goggles), glasses, gloves, mitts, aprons, sleeves, leggings, gumboots, neoprene ear protectors, helmets, or other efficient substitutes therefore for use by the employees when engaged on work for which some protective equipment is reasonably necessary.

(b) Every employee shall sign an acknowledgement on receipt thereof, and on leaving the employment shall return same to the employer.

(c) Before goggles, glasses and gloves, or any such substitutes, which have been used by an employee, are re-issued by the employer to another employee they shall be effectively sterilised.

6.7.3 General

(a) The equipment shall be held by the employee and used on duty only, and shall not be sold or disposed of.

(b) Clothing need not be supplied to casual employees.

(c) Where Summer and Winter issues are provided, delivery shall be made at the beginning of the summer and winter seasons.

6.8 Occupational Health & Safety

It is accepted by the parties to this Award that the Fluor, United Goninan and BlueScope Steel Safety Procedures shall be the procedures by which safety matters are handled, and whilst these are being followed there shall be no stoppage of work in respect of the matter being considered, except in the area or matter under consideration.

6.8.1 Drug and Alcohol Issues

(a) The parties acknowledge that the safety of employees at the workplace can be affected by alcohol abuse and drug dependency and commit to the prevention of such abuses.

All parties to this award shall observe the relevant provisions pertaining to alcohol and other drugs of the Rail Safety Act 1993 (as amended) at all times. Additionally, the company and its employees will observe the relevant site standard and procedure for alcohol and other drug testing, as established by the client.

(b) The Bargaining Unit notes that a breathalyser unit will be maintained by the employer, who reserves the right to utilise such a unit by qualified personnel. The responsible Manager must give the authorisation for use.

6.8.2 Counselling

Where possible and practicable, Counselling Procedures will be made available to ensure correct communication with all parties and to assist in the area of discipline, Occupational Health and other related issues.

6.9 Amenities

Amenities of a standard prescribed by Workcover regulations shall be provided at the workplace, save and except that this shall not result in a reduction of amenities standards that currently exist for BHPS rail and rolling stock maintenance employees.

6.10 Anti-Discrimination

(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.

(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.

(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.

(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.

(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by 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."

6.11 Sexual Harassment

Fluor and A. Goninan intends that all employees be allowed to work in a workplace free of sexual harassment. All procedures of the Fluor or United Goninan sexual harassment program as promulgated from time to time will be advertised and rigidly enforced. All harassment claims shall be reported immediately to the Site Manager.

6.12 Affirmative Action

Fluor and A. Goninan believe in and practice the philosophy of equal employment opportunity for all employees without regard to their race, colour, religion, sex, sexual orientation, age, national origin, ancestry, handicap or military status.

Therefore all employees and suppliers must be committed to maintaining a positive work environment, free from harassment and discrimination in any form and ensure that all employment decisions which involve hiring, training, testing, promotion, transfers, compensation, leaves of absence and terminations are based upon objective employment related criteria.

All employees covered under this Agreement shall individually uphold the principles in this clause in relation to fellow employees and shall co-operate with Fluor or United Goninanin relation to the obligations imposed on Fluor or United Goninanby this clause.

6.13 Quality Improvement

All parties to this Agreement acknowledge a positive commitment to Quality Improvement, which will include each employee being responsible for the improved quality of their own work. The parties further acknowledge their commitment to International Best Practices and integrated benchmarks. All parties shall support the introduction of a Continuous Improvement Program.

6.14 Consultation

The parties to this agreement are committed to co-operating positively to increase the efficiency, productivity and competitiveness of the enterprise covered by this agreement and to enhance their career opportunities and agree to commit themselves to correct communications and consultative practices and provision is made for such consultation.

A consultative committee shall be established which shall consist of equal numbers (no more than 6 members) of representatives of Fluor management and employees. The responsible Fluor Manager or nominated representative shall act as Chairman.

The group shall meet at least every two (2) months and shall have the power to invite guest participants.

A consultative committee shall be established which shall consist of equal numbers (no more than 6 members) of representatives of Goninan management and employees. The responsible Goninan Manager or nominated representative shall act as Chairman.

The committee shall meet at least every to two (2) months and shall have the power to invite guest participants.

It shall be open for the local union official to attend consultative committee meetings from time to time.

6.15 Notice Boards

The company shall provide notice boards of reasonable dimensions to be located in prominent positions at the site upon which accredited Union Representatives shall be permitted to post formal union notices signed or countersigned by the representative posting them.

Any notice posted on a board not so signed or countersigned may be removed by an accredited representative of the company.

6.16 Employment Security

Security of Employment is important for improving working relationships, trust and co-operating with change. We do not want an environment where everyone is working in fear of losing their employment. We want an environment where people focus on doing jobs safely and well, implementing improvement actions, adapting swiftly to change and caring for the business. Real employment security will only be achieved by successful business performance. Working together in implementing change and improvement will maximise security for everyone.

It is not the Company’s intention to have any forced retrenchments during the life of this agreement.

While workplace change, new technologies and changes in operations will be ongoing, every opportunity will be taken to effect changes through voluntary means and natural attrition.

The parties agree that any changes in the area of employment shall be handled in the following manner:

1. Employees shall be offered other available positions where possible.

2. An employee’s skills shall be further developed to improve flexibility.

3. Employee numbers shall be reduced if required by natural attrition.

4. Voluntary Retirement Schemes shall be used in preference to forced redundancies.

If the above steps do not resolve the situation, the Company shall enter into further discussions with the Union with a view of resolving the situation to the satisfaction of both parties.

Provided further that this clause will not apply to situations of loss or substantial change to contract scope.

6.17 Income Protection

Permanent employees of Fluor and United Goninan, engaged pursuant to this Award shall be provided with Income Protection insurance covering sickness and accident outside work under the following terms and conditions:

A qualifying period of 14 days.

The insurance cover benefits payable will be applied for a maximum period of two years.

Fluor and United Goninan. will contribute up to 1% (plus taxes) of an employee's gross earnings to an income insurance plan(s), subject to the following:

(i) In the event that the claims experience requires a review of the insurance plan, the adjustment will be to the plan and not the Company's insurance premium.

(ii) Where practicable, people accessing the insurance plan will agree to participate in a rehabilitation program, which may include assessment by the Company's nominated medical services provider and acceptance of that assessment.

(iii) All employees making a claim for a period of absence shall submit to medical assessment immediately and thereafter on a regular basis as determined by the rules of the fund.

6.18 Blood Donors

The employer will promote blood donations to its employees. The employer shall also pursue ways employees may actually donate blood with minimal disruption to the Business.

6.19 Payroll Deductions For Employee Associations

Should an employee so elect, they may authorise in writing the employer to deduct and pay on behalf of the employee, from any remuneration payable to the employee, subscriptions payable to an industrial organisation as nominated by the employee. If at any time an employee gives the employer written notice of withdrawal of such an authority, the employer must give effect to the notification as soon as practicable. Should a deduction request be presented for an organisation, which is not currently in use, then the employer shall have the right following proper consultation to refuse such deduction.

6.20 Duress

This Award has not been entered under duress by any of the Parties to the Award.

6.21 Transmission Of Business

Where transmission of business occurs and affects employees covered by this Award, the Parties shall by an exchange of letter/s enter into correspondence that clearly outlines the benefits and entitlements due to employees, and how such entitlements shall be managed. Matters to be covered may include such items as annual leave, personal leave, superannuation, sick leave and redundancy.

6.22 Accredited Union Delegate

An employee appointed Union Delegate/s (Shop Steward) shall, upon official notification to Fluor or United Goninan, be recognised as the accredited representative of the Union to which they belong. An accredited Union Delegate shall be allowed reasonable necessary time during working hours to interview a representative of Fluor or United Goninan on matters affecting employees they represent.

6.23 Employee Entitlements

This award acknowledges that employees may have concerns about the preservation of their accrued entitlements. The Company, is committed to meeting its obligations for statutory and/or award entitlements for the use of the employees, as provided for by this award. Such entitlements as:

Annual leave

Long service leave

The company will track such employee entitlements and will provide employees with a periodic statement of entitlements.

J. P. GRAYSON D.P.

____________________

Printed by the authority of the Industrial Registrar.

* to download attachment

IE Users	Right click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape Users	Right click the attachment - Select 'Save Link As' - Select a location - Click 'Save'