BHP STEEL (AIS) PTY LTD - MAINTENANCE RESTRUCTURING AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notification under section 130 by BlueScope Steel (AIS) Pty Ltd of a dispute with The Australian Workers' Union, New South Wales and others.

 

(No. IRC 6166 of 2003 and 1475 of 2004)

 

 

VARIATION

 

1.          Delete the award title of the award published 25 January 2002 (330 I.G. 1020), and insert in lieu thereof the following:

 

BLUESCOPE STEEL (AIS) PTY LTD - MAINTENANCE RESTRUCTURING AWARD

 

2.          Delete clause 1, Title, and insert in lieu thereof thew following:

 

1.  Title

 

This award shall be known as the BlueScope Steel (AIS) Pty Ltd - Maintenance Restructuring Award.

 

3.          Delete clause 2, Arrangement, and insert in lieu thereof the following:

 

2.  Arrangement

 

Clause No.          Subject Matter

 

1.         Title

2.         Arrangement

3.         Parties

4.         Application

5.         Purpose

6.         Duration

7.         The Maintenance Resource Group

8.         Review of this Award

9.         Dispute Settlement Procedure

 

4.          Renumber the clauses in the body of the award to reflect clause 2, Arrangement.

 

5.          Delete clause 3 Parties, and insert in lieu thereof the following:

 

3.  Parties

 

The parties to this award are BlueScope Steel (AIS) Pty Ltd (the "Company"), The Australian Workers' Union, New South Wales, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch and the Electrical Trades Union of Australia, New South Wales Branch.

 

6.          Delete clause 4, Application, and insert in lieu thereof the following:

 

4.  Application

 

This award is binding on the parties and the employees of the Company engaged under the terms of the BlueScope Steel (AIS) Pty Ltd - Port Kembla Steelworks Employees Award 2004 (the "Steelworks Award") and who, at the date on which this award was made 24 September 2001, were engaged in maintenance repair work and rail transport maintenance work at the Port Kembla Steelworks.  This award is to be read in conjunction with the Steelworks Award, however, this award will prevail to the extent of any inconsistency.

 

7.          Delete subclauses (b) and (c), of clause 7, The Maintenance Resource Group, and insert in lieu thereof the following:

 

(b)        Employees in the MRG will be used to provide maintenance, operational or sundry services as directed by the Company or Transfield from time to time.  The base location of employees in the MRG shall be determined by the Company.

 

(c)        The MRG and employees in the MRG may be managed by Transfield or the Company respectively.  Where employees are directed to undertake work for Transfield such work will be governed by the balance of this clause.  This management will include the allocation, delegation and supervision of work, the setting of hours of work and the administration of all other employment related arrangements, including performance management and dispute settlement procedures.  Employees in the MRG where directed must comply with all reasonable and lawful directions of officers of Transfield who are assigned by Transfield with responsibility for the management of the MRG.  Conduct or behaviour by an employee in the MRG that would constitute grounds for disciplinary action or dismissal by Transfield if the employee was employed by Transfield, will constitute grounds for such action by the Company in accordance with the Steelworks Award.

 

8.          Insert after subclause (e) of the said clause 7, the following new subclauses and renumber existing subclauses (f), (g) and (h) to read as subclauses (h), (i) and (j) respectively:

 

(f)         Notwithstanding sub-clause (e) the Company may transfer an employee from the MRG on either a permanent or temporary basis to another position outside of the MRG which is available and for which the employee has the necessary skills and capability.  The position of an employee who refuses such transfer will be redundant. Any such employee will have their employment terminated and receive a severance package in accordance with the Company's Redundancy Policy as in force at the date of termination.

 

(g)        The requirement of an employee to transfer in accordance with sub-clause (f) will not be limited by the employee's existing classification, requirements to undertake training, or union membership.

 

9.          Delete subclause (c) of clause 8, Review of this Award.

 

10.        Delete clause 9, Dispute Settlement Procedure, and insert in lieu thereof the following:

 

9.  Dispute Settlement Procedure

 

Subject to subclause 7(c), the dispute settlement procedure of the Steelworks Award will apply.

 

11.        This variation shall take effect on or from 7 February 2005.

 

 

 

B. W. O'NEILL, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.