BCMG MINE LEASE 1496 (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Blue Circle Southern Cement Limited.

 

(No. IRC 185 of 2005)

 

 

VARIATION

 

1.          Delete the award title of the award published 5 September 2003 (341 I.G 303), and insert in lieu thereof the following:

 

GALONG MINE LEASE 1496 (STATE) AWARD

 

2.          Delete the reference to "BCMG" wherever appearing in the award, except for the definition of "BCMG" and "BCMG Quarries" as appears in subclause 2.1, of clause 2, Definitions, and insert in lieu thereof the following:

 

BCSC

 

3.          Insert before the definition "BCMG" appearing in subclause 2.1, of clause 2, Definitions, the following new definition:

 

"BCSC

Blue Circle Southern Cement Limited."

 

4.          Delete clause 8, Classifications Etc, and insert in lieu thereof the following:

 

8.  Classifications Etc

 

8.1        Classifications

 

Subject to this award, you shall be classified by BCSC into one of the following classifications:

 

Operator - Entry (Grade 1)

 

All employees, except for Mechanical/Electrical Tradespersons - Entry, shall be classified into this classification during the first three months of their employment (unless BCSC) determines a shorter period is appropriate) while they gain competency for a higher classification.

 

Operator - Attendant (Grade 2)

 

An employee in this classification shall perform:

 

(a)        plant attendant duties including but not limited to attending to and maintaining fixed plant and servicing and performing routine mechanical repairs to fixed and mobile plant; and

 

(b)        general duties including but not limited to manual work and clean up; and

 

(c)        any tasks ancillary to such duties.

 

Operator - Mobile Plant (Grade 3)

 

An employee in this classification shall:

 

(a)        operate mobile plant (with or without attachments) which shall include but not be limited to front-end loaders, dump trucks, water carts and excavators;

 

(b)        performing any other duties of a lower grade; and

 

(c)        any tasks ancillary to the operation of the said mobile plant.

 

Operator - Kiln and Mills (Grade 4)

 

An employee in this classification shall assist in the operation of the kiln and mills which shall include but not be limited to:

 

(a)        assisting the Controller - Kiln and Mills;

 

(b)        loading material into the primary;

 

(c)        operating a rock breaker at the primary jaw;

 

(d)        loading for the coal circuit;

 

(e)        turning over the coal area;

 

(f)         cleaning out bins;

 

(g)        servicing and minor repairs;

 

(h)        performing any other duties of a lower grade; and

 

(i)         any tasks ancillary to such duties.

 

Controller - Kiln and Mills (Grade 5)

 

An employee in this classification shall operate and be responsible for the operation of the kiln and mills as the senior shift person responsible for operations on the site which shall include but not be limited to:

 

(a)        running the kiln, crushing, milling and coal circuits;

 

(b)        loading out;

 

(c)        testing product and materials;

 

(d)        servicing and minor repairs;

 

(e)        performing any other duties of a lower grade; and

 

(f)         any tasks ancillary to such duties.

 

Mechanical/Electrical Tradesperson - Entry  (Grade 6 (a))

 

This classification applies to an employee who, during the first three months of their employment:-

 

(a)        performs all mechanical and/or electrical installation, repairs and maintenance on plant equipment for which they have been trained;

 

(b)        performs any other duties of a lower grade they are competent to perform; and

 

(c)        performs any tasks ancillary to such duties.

Mechanical/Electrical Tradesperson (Grade 6 (b))

 

This classification applies to an employee who, having served three months as a Mechanical/Electrical Tradesperson - Entry:-

 

(a)        performs all mechanical and/or electrical installation, repairs and maintenance on plant equipment for which they have been trained in addition to:

 

(b)        performs any other duties of a lower grade they are competent to perform; and

 

(c)        performs any tasks ancillary to such duties.

 

8.2        Rates Of Pay

 

(a)        Subject to clause 8.2 (b), the rates of pay to be paid to you for the classification you are in are set out in Table 1 of this award.

 

(b)        If you work on a seven day continuous roster as an Operator - Kiln and Mills or Controller - Kiln and Mills, the rates of pay to be paid to you are set out in Table 1A of this award.  Despite any other provision of this award, the rates of pay set out in Table 1A compensate you for any penalty or premium prescribed by this award for working shift work, public holidays, Saturdays and/or Sundays.

 

5.          Delete paragraph (b), of subclause 18.2, of clause 18, Hours of Work, and insert in lieu thereof the following paragraphs:

 

(b)        If you are a shift worker (other than a seven day continuous roster worker), your ordinary hours of work shall be worked:

 

(i)         any day of the week, Monday to Friday inclusive; and

 

(ii)        your ordinary working hours shall not exceed:

 

(A)      38 per week;

 

(B)       76 hours in 14 consecutive days;

 

(C)       114 in 21 consecutive days; or

 

(D)       152 in 28 consecutive days."

 

(c)        If you are a seven day continuous roster worker, your ordinary hours of work shall be worked:

 

(i)         any day of the week, Monday to Sunday inclusive; and

 

(ii)        your ordinary working hours shall not exceed:

 

(A)      38 per week;

 

(B)       76 hours in 14 consecutive days;

 

(C)       114 in 21 consecutive days; or

 

(D)       152 in 28 consecutive days.

 

6.          Delete clause 24, Annual Leave, and insert in lieu thereof the following:

 

24.  Annual Leave

 

24.1      Entitlement

 

See Annual Holidays Act 1944 as amended.

 

24.2      Seven Day Rosters

 

In addition to the leave provided for by clause 24.1, if, during the year of employment you have worked continuously on a seven day continuous roster as an Operator - Kiln and Mills or Controller - Kiln and Mills you shall be allowed an additional one week's leave. Provided that if, during the year of employment you have served only a portion of it on a seven day continuous roster the additional leave shall be one day for every thirty-six ordinary shifts worked on a seven day continuous roster."

 

7.          Delete clause 25, Annual Leave Loading, and insert in lieu thereof the following:

 

25.  Annual Leave Loading

 

25.1      Payment of Loading

 

Whenever you enter a period of annual leave you shall be paid, in addition to your annual leave pay a loading of 17.5 percent on top of your annual leave pay.

 

25.2      Calculation of Loading

 

The loading is to be calculated on your rate of pay that is applicable immediately before commencing annual leave, excluding any other allowances, penalty rates, shift allowances, overtime or any other payments prescribed by this award.

 

25.3      Shift Workers

 

Despite any other provision of this award, if you are a shift worker (working on other than a seven day continuous roster) when you enter a period of annual leave then you shall be entitled to the greater of the following:

 

(a)        your shift work allowances and/or weekend penalty rates for the ordinary time (not including time on a public holiday) which  you would have worked during the period of the leave; or

 

(b)        the loading calculated in accordance with this clause.

 

25.4      Seven Day Roster

 

Despite any other provision of this award, if you work on a seven day continuous roster as an Operator - Kiln and Mills or Controller - Kiln and Mills when you enter a period of annual leave, then the loading in clause 25.1 shall not apply to you. The appropriate rate of pay set out in Table 1A of this award shall continue to be paid to you while on annual leave, that rate of pay compensates you in respect of annual leave loading."

 

8.          Delete clause 40, Future Wage Adjustments, and insert in lieu thereof the following:

 

40.  Future Wage Adjustments

 

40.1      Annual Increase

 

On 1 December each year your ordinary time weekly rate of pay arising from Table 1 or Table 1A (as the case may be) and any allowances arising from Table 2 will be increased by the average ordinary weekly time percentage increase granted to employees in the BCMG quarries that year. 

9.          Delete Part B, and insert in lieu thereof the following:

 

PART B

 

Table 1 - Rates of Pay

 

Subject to this award, you shall be paid in accordance with the following table of rates:

 

 

Table 1A - Rates Of Pay

 

Subject to this award, you shall be paid in accordance with the following table of rates:

 

 

Table 2 - Other Rates And Allowances

 

 

10.        This variation shall take effect from the first full pay period on or after 14 January 2005.

 

 

 

E. A. R. BISHOP, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.