BHP STEEL (AIS) PTY LTD - MAINTENANCE RESTRUCTURING AWARD
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)
7 February 2005
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
clause 1, Title, and insert in lieu thereof thew following:
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:
Clause No. Subject Matter
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.
clause 3 Parties, and insert in lieu thereof the following:
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
6. Delete clause
4, Application, and insert in lieu thereof the following:
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.
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)
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.
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.
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
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.