READYMIX HOLDINGS PTY LTD ALBION PARK QUARRY (STATE) AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Readymix
Holdings Pty Ltd.
(No. IRC 7255 of 2004)
|
Before Mr Deputy
President Grayson
|
16 December 2004
|
AWARD
Clause No. Subject Matter
1. Title of
Award
2. Arrangement
3. Parties
to the Award
4. Relationship
to Parent Award
5. Term of
the Award
6. No Extra
Claims
7. Review of
Award
8. Aims and
Objectives of the Award
9. Communication
10. Disputes
Procedure
11. Previous
Awards
12. Stages of
this Award and Wage Adjustments
13. Hours of
Work and Starting Times
14. Electronic
Funds Transfer
15. Redundancy
16. Meal and
Crib Breaks
17. Maintenance
18. Productivity
- Refuelling
19. Safety, Health
and Environment
20. Fitness
for Work
21. Casual
Employees
22. Increased
Flexibilities
23. Teamwork
24. Competency
Recognition and Development
25. Classification
Structure
26. Customer
Service and Product Quality
27. Performance
Criteria and Objectives
28. Consultative
Committee
29. Salary
Sacrificing
30. Anti-Discrimination
Annexure A
Annexure B
1.
Title of Award
This award shall be known as the Ready mix Holdings Pty Ltd
Albion Park Quarry (State) Award 2004.
2. Arrangement
This award shall apply at the Rinker Group trading as Ready
mix Holdings Pty Ltd ("Company") Albion Park Quarry in respect of
employees covered by the Quarrying Industry (State) Award ("Parent
Award").
3. Parties to the Award
3.1 This award
shall be binding on:
(a) the Company;
(b) the Australian
Workers’ Union Port Kembla, South Coast and Southern Highlands Branch; and
(c) all employees
who are engaged in any of the classifications specified in the Parent Award.
4. Relationship to Parent Award
4.1 This award
shall be read in conjunction with Parent Award.
4.2 Where there is
any inconsistency between the Parent Award and this award, this award shall
prevail to the extent of any inconsistency.
5. Term of the Award
5.1 This award
shall come into operation on and from the first full pay period to commence on
or after 16 December 2004 and shall remain in force for a period of 36 months.
6. No Extra Claims
Except for general movements in award wages granted by the
Commission via State Wage Cases, that are not subject to absorption, there
shall be no further claims for wage increases during the term of this award.
7. Review of Award
The parties agree to review this award no later than 3 months
prior to the end of its term. In the context of this review, the parties shall
examine both the operation of the award and the possibilities of entering into
a further award.
8. Aims and Objectives of the Award
8.1 Aims
The parties to this award are committed to continue
improvements in Safety, Health and the Environment and the resulting changes in
work methods designed to achieve productivity, efficiency and flexibility. A
commitment to such improvements will in turn significantly increase the Company’s
competitiveness and offer secure and worthwhile employment for employees.
The Company’s business needs to continue to improve in
order to remain competitive.
The Company has developed a vision of the type of
business it wants and the elements necessary to transfer that vision to a
reality.
(a) The critical
elements are:
(i) Safe and
Rewarding Work;
(ii) Environmentally
Sustainable Operations;
(iii) A Product
Quality and Customer Service Focus;
(iv) Continuous
Improvement;
(v) Employee Participation;
(vi) Improved
Competitiveness;
(vii) Removal of
Artificial Barriers;
(viii) Increase Job
Security.
8.2 Objectives
(a) To comply with
the various safety, health and environmental legislative and other requirements
and to achieve industry best practice in these areas.
(b) To improve the
efficiency and productivity of the Company by ensuring management and labour
practices are more closely attuned to current and future needs and objectives
of the Company.
(c) To develop an
environment of continuous improvement which is conducive to a flexible work
organisation able to respond to changing demands in the market place.
(d) To provide a
climate for employees to develop a broader range of skills thereby maximising
rewards to employees and security of employment.
(e) To benchmark
other organisations that are leaders in the field of increased efficiency and
productivity and where appropriate utilise this information in implementing
change.
9. Communication
All employees the subject of this award may be required to
attend a communication session to inform employees of the contents and
requirements of this award.
10. Disputes Procedure
10.1 A procedure for
the avoidance of industrial disputes and employee grievances shall apply at all
sites covered by this award.
10.2 The objectives
of the procedure shall be to promote the resolution of disputes/grievances by
measures based on consultation, co-operation and discussion, to reduce the
level of industrial confrontation and to avoid interruption to the performance
of work and the consequential loss of production and wages.
10.3 Any employees
or delegates should obtain permission from their manager or supervisor prior to
leaving their work station to consult with the employer. Such permission shall
not be unreasonably withheld. All union business, in relation to this
procedure, shall be conducted by the employee in the Company’s time.
10.4
(a) Procedures
relating to grievances of individual employees:
(i) The employee is
required to notify (in writing or otherwise) the Company as to the substance of
the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(ii) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) At the
conclusion of the discussion, the Company must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(v) While a
procedure is being followed, normal work must continue.
(vi) If they so
chose the employee may be represented by an industrial organisation of
employees.
(b) Procedures
relating to disputes etc., between the Company and the employees:
(i) A question,
dispute or difficulty must initially be dealt with as close to its sources as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(ii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iii) While a
procedure is being followed, normal work must continue.
(iv) The Company may
be represented by an industrial organisation of employers and the employees may
be represented by an industrial organisation of employees for the purposes of
each procedure.
10.5 There shall be
a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest
possible advice by one party to the other of any issue or problem which may
give rise to a grievance or dispute.
10.6 Reasonable time
limits shall be allowed for the completion of the various stages of the
discussions. At least 7 days should be
allowed for all stages of the discussions to be finalised.
10.7 Emphasis shall
be placed on a negotiated settlement.
However, if the negotiation process is exhausted without the dispute being
resolved, the parties shall jointly or individually refer the matter to the
Commission for assistance in resolving the dispute.
10.8 In order to
allow for the peaceful resolution of grievances and disputes the parties shall
be committed to avoid industrial action including, stoppages of work, lock-outs
or any other bans or limitations on the performance of work while the above
procedure is being followed.
10.9 The Company
shall ensure that all practices applied during the operation of the procedure are
in accordance with their obligations under the Occupational Health and Safety
legislation in New South Wales and consistent with established custom and
practice at the workplace.
11. Previous Awards
The parties will ensure that the commitments and requirements
arising from the Previous Awards, referred to in Annexure A, are met and are
the starting point for further improvements to be made within the term of this
award.
12.
Stages of This Award and Wage Adjustments
The following wage increases shall apply to the employees in
the classifications covered by the Parent Award, excepting metal trade
classifications. Expense related
allowances are not to be increased unless adjusted in the Parent Award.
The wage adjustments in this award shall comprise of 3
stages:
Stage 1
From the first pay period on or after 12 August 2004, a 4%
wage increase shall be paid to employees the subject of this award.
Stage 2
From the first pay period on or after 12 August 2005, a 4%
wage increase shall be paid to employees the subject of this award.
Stage 3
From the first pay period on or after 12 August 2006, a 4%
wage increase shall be paid to employees the subject of this award.
13. Hours of Work and Starting Times
13.1 The ordinary spread
of hours shall be from 6.00am to 6.00pm Monday to Friday inclusive.
13.2 Starting times
fixed in accordance with the spread of ordinary hours in subclause 13.1 above
may be varied by the Company to suit the needs of the Company’s business.
13.3 All plant and
equipment is to be in operation by the nominated starting time i.e.: currently
6.00am and all plant and equipment is to shut down no earlier than 10 minutes
prior to the end of shift.
14. Electronic Funds Transfer
Payment of wages, shall be paid weekly by Electronic Funds
Transfer into an account/s nominated by the employee.
15. Redundancy
15.1 Where permanent
employees the subject of this award are made redundant by the Company, they
shall receive the following termination payment.
(a) notice as
prescribed by the relevant legislation; and
(b) 2 weeks for
each year of service (pro-rata) to a maximum of 52 weeks (exclusive of the
notice period in (a) above).
16. Meal and Crib Breaks
Employees shall stagger the taking of their meal and crib
breaks to ensure continuous production throughout the shift i.e.: Load &
Haul, Primary Crusher and Secondary Plant are operated continuously.
17. Maintenance
In addition to routine maintenance (i.e.: daily servicing of
machinery) all operators are to fill out daily Log Books on each machine with
records to be maintained in the machine and a copy handed to the Manager/
Supervisor weekly, such records will include Fuel Usage, Tyre Pressures, Oil
Usage and General Maintenance. A complete Machine History File, Service and
Maintenance Register will be maintained by the Manager/ Supervisor.
18. Productivity - Refuelling
Employee operators shall stagger fuelling of Load & Haul
equipment to ensure minimal stoppages and disruption to the primary crusher.
19. Safety, Health and Environment
19.1 Employees
recognise their responsibility for improving workplace safety, health and
environment ("SHE") and commit to:
knowing and following the SHE requirements related to
the job and workplace;
constantly reviewing the workplace for hazards and
initiating appropriate corrective actions or reporting the hazard to the
supervisor or manager;
reporting to work fit for duty;
reporting all improper SHE practices observed at the
workplace to the supervisor or manager.
20. Fitness for Work
The parties recognise the importance of the provisions
stated in applicable occupational health and safety and mines acts, regulations
and rules and are committed to implementing practical solutions to meet these
obligations.
21. Casual Employees
A casual employee is one engaged and paid as such. A casual employee shall be paid 1/38 of the
weekly rate plus 15% for all work performed plus 1/12 for annual leave. Provided that, this clause shall not be used
to make current permanent employees casuals.
22. Increased Flexibilities
22.1 Employees shall
undertake duties and tasks as directed, provided such employees have the
skills, competence and training to perform such tasks as directed.
22.2 Employees the
subject of this award are committed to co-operate with and undertake all
relevant and appropriate training as directed by the Company, to meet the needs
of the Company’s business.
22.3 The Company
shall ensure that the provisions of the Parent Award relating to employees
classifications are adhered to when implementing this clause.
23. Teamwork
All parties to this award and the business units concerned
are committed to the development of teamwork.
24. Competency Recognition and Development
24.1 The parties are
committed to the recognition and where deemed appropriate by the Company
compliance with national competency standards whilst also recognising the
necessary competencies to remain competitive at an enterprise level.
24.2 A skills matrix
will be developed by the parties. The
matrix will identify the required competencies necessary at the enterprise
level. Each employee will be assessed to determine the competencies actually
held from time to time. Where there is
a gap between the actual competencies held by employee(s) and those required by
the Company’s business, this will form the basis of an enterprise training
plan.
25. Classification Structure
25.1 The
classifications below reflect the categories of employment that will apply
under this award:
|
Job
|
Classification
|
|
Quarry Face Loader
|
Quarry Worker Grade 7
|
|
50 Tonne Dump Truck
|
Quarry Worker Grade 6
|
|
Crushing Plant Operator
|
Quarry Worker Grade 5
|
|
Bins Truck
|
Quarry Worker Grade 5
|
|
Blend Plant Operator
|
Quarry Worker Grade 4
|
|
Sales Front End Loader
|
Quarry Worker Grade 5
|
|
Water Cart
|
Quarry Worker Grade 6
|
|
Bull Dozer
|
Quarry Worker Grade 5
|
|
Maintenance
|
To be determined according to job scope
|
|
Relief Operator
|
To be determined according to job scope
|
25.2 The employees
named in Appendix B will continue to be engaged in their current classification
grade. Should the Company need to engage new employees they will be employed in
accordance with the classification grades in clause 25.1 above.
26. Customer Service and Product Quality
Employees are committed to the sustainable implementation of
customer service and product quality initiatives such as correct use of and
compliance with, stockpile construction and load out signs, stockpile load out
procedures.
27. Performance Criteria and Objectives
All of the employees employed under this
award recognise the importance of and are committed to co-operate and work with
the Company to achieve the following performance outcomes:
(a) zero
recordable injuries;
(b) nil
customer complaints related to product load out;
(c) achievement
of targets for Emoleum products;
(d) increase
product load out grading conformance to >90%;
(e) achieve
fixed plant Efficiency of >95% (against 300 t/h base);
(f) achieve
fixed plant Utilisation of >90%;
(g) reduce
production cost/tonne by > $2.00/tonne compared with YEM’05 result;
(h) development
and implementation of a Waste Reduction Plan and achievement of associated
targets.
In order to assist with the achievement of
the performance objectives identified above, all employees employed under this
award agree and are committed to participating in:
(a) regular
reviews and updates of progress against the performance criteria and outcomes;
(b) routine
reviews and updates of their job descriptions and work instructions; and
(c) education
sessions about the performance criteria.
28. Consultative Committee
The parties agree to establish a Site Consultative
Committee. The membership, agenda and meeting frequency will be set by
agreement between the parties.
29. Salary Sacrificing
29.1 Remuneration
under this award and the Parent Award may, by the operation of this award, be made
up entirely of wages or, at the option of an employee (other than a casual
employee) and subject to the employer’s agreement, wages and a superannuation
contribution to the Rinker Superannuation Fund. Wages and superannuation are
the two components which will make up remuneration. The sum allocated to each
component will be negotiated initially between the employer and the employee
and thereafter renegotiated in accordance with this clause.
29.2 Should the
Company make a superannuation contribution in accordance with this clause, it
shall not, to the extent of that contribution, be liable to pay wages to the
employee under this award, or the Parent Award.
29.3 The opportunity
for an employee to initially negotiate the components of remuneration as per
29.1 above shall be available once per year at a time and in accordance with
procedures determined by the Company and may only be changed during the period
specified in accordance with procedures established by the employer.
29.4 In the event
that changes in legislation, the Income Tax Assessment Act, tax office
rulings or determinations remove or alter the Company’s capacity to maintain
the salary sacrifice arrangements pursuant to this agreement, the Company will
be entitled to withdraw from these arrangements by giving notice to each
affected employee.
30. Anti-Discrimination
30.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
30.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
30.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
30.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
30.5 This clause
does not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
Annexure A
The Previous Awards are the:
(i) CSR Ltd
trading as The Readymix Group Sydney Construction Products And Country
Divisions Quarries Enterprising Bargaining Framework Award 1994;
(ii) CSR t/a The
Ready mix Group Country Division South Coast Quarries Enterprise Agreement No.
2 (State Award 1995);
(iii) CSR Ltd
trading as The Ready mix Group Albion Park Quarry No.3 (State Award)
1998"; and
(iv) Rinker Group
trading as Ready mix Holdings Pty Ltd Albion Park Quarry No. 4 (State) Award
2001.
Annexure B
The current employee classification arrangements are to be
retained under the following "Grandfather Clause":
|
Employee Name
|
Classification
|
|
Jeff Thorburn
|
Quarry Worker Grade 7
|
|
Brian Doyle
|
Quarry Worker Grade 5 (Leading Hand)
|
|
Peter Long
|
Quarry Worker Grade 5
|
|
Arthur Walker
|
Quarry Worker Grade 6
|
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.