READYMIX SYDNEY QUARRIES AWARD 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Readymix
Holdings Pty Ltd.
(No. IRC 1092 of 2005)
|
Before Commissioner
Ritchie
|
14 March 2005
|
AWARD
1. Title of Award
This award shall be known as the Readymix Sydney Quarries
Award 2005.
2.
Arrangement and
Application
2.1 This award is
arranged as follows:
1. Title of
Award
2. Arrangement
and Application
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. Stages of
this Award and Wage Adjustments
12. Hours of
Work
13. Electronic
Funds Transfer
14. Meal
Allowances
15. Redundancy
16. Fitness
for Work
17. Casual
Employees
18. Increased
Flexibilities
19. Teamwork
20. Competency
Recognition, Learning and Development
21. Customer
Service and Product Quality
22. Performance
Criteria and Objectives
23. Additional
Holiday - Picnic Day
24. Safety,
Health and Environment
25. Salary
Sacrificing
26. Anti-Discrimination
Annexure A
2.2 This award
applies to employees ("Employees") covered by the Quarrying Industry
(State) Award ("Parent Award") (excluding mechanical fitters) at the
business units set out in Annexure "A" of this award.
3.
Parties to the Award
3.1 This award
shall be binding on:
(a) Readymix
Holdings Pty Limited ("Company");
(b) the Australian
Workers’ Union, New South Wales Branch ("Union"); and
(c) the Employees.
4.
Relationship to Parent Award
4.1 This award
shall be read in conjunction with the 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
This award rescinds and replaces the Rinker Group Trading As
The Readymix Holdings Pty Ltd Sydney Quarries No. 4 (State) Award 2001,
published 22 April 2005 (350 I.G. 321).
This award shall come into operation on and from the first
full pay period to commence on or after 14 March 2005 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 extra claims for wage increases or any other term or condition of
employment, whether covered by this award or not, during the term of this
award.
7. Review of Award
The parties agree to review this award no later than three
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 the Employees.
The Company 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; and
(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 the 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
Employees 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 Union delegates should obtain permission from their manager or supervisor
prior to leaving their workstation to consult with the Company. 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 Company 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 choose
the Employee may be represented by the Union.
(b) Procedures
relating to disputes, etc., between the Company and 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 or other
representative and the Employees may be represented by the Union 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.
Stages of this Award and Wage Adjustments
11.1 The following
wage increases shall apply to the Employees, excepting metal trade
classifications. Expense related
allowances are not to be increased unless adjusted in the Parent Award.
11.2 The wage
adjustments in this award shall comprise of four stages:
(a) Stage 1
From the first pay period on or after 15 May 2004, a 4%
wage increase shall apply.
(b) Stage 2
From the first pay period on or after 15 May 2005, a
further 4% wage increase shall apply.
(c) Stage 3
From the first pay period on or after 15 May 2006, a further
4% wage increase shall apply.
(d) Stage 4
From the first pay period on or after 15 May 2007, a
further 4% wage increase shall apply.
12. Hours of Work
12.1 The ordinary
spread of hours shall be from 6.00 a.m. to 6.00 p.m. Monday to Friday inclusive.
12.2 Starting times
fixed in accordance with the spread of ordinary hours in subclause 12.1 above
may be varied by the Company to suit the needs of the business.
13.
Electronic Funds Transfer
Payment of wages, shall be paid weekly by Electronic Funds
Transfer into an account nominated by the Employee.
14. Meal Allowances
14.1 Meal Allowance
- Ordinary Time
(a) Employees will
be paid a meal allowance of $10.70 for each day worked. The allowance will not be paid where an Employee
is on leave for any reason including but not limited to sick leave, annual
leave, long service leave, rostered days off, unpaid leave and public holidays.
(b) In recognition
of the abovementioned payment, no travel allowance as provided in the Parent
Award at clause 3.7(8) is to be paid and the provisions in the Parent Award in
clause 4.4 relating to meal breaks and allowances do not apply.
14.2 Meal Allowance
- Overtime
(a) An Employee
who is required to work overtime for more than two hours beyond the cessation
of the Employee’s ordinary hours of work for that day, shall be paid a meal
allowance of $10.70. This allowance
shall be paid after every four additional hours of overtime worked on any one
day.
(b) Subclause (a)
of this clause is in lieu of clause 4.7 (overtime) subclause (4) Cribs (a) of
the Parent Award.
15.
Redundancy
15.1 Permanent Employees covered by this award,
whose positions are made redundant by the Company, shall receive the following
termination payment:
(a) notice as prescribed by relevant
legislation or the Parent Award; and
(b) severance pay which will be the greater
of that provided for under the Parent Award or 2 weeks for each year of service
(pro-rata) to a maximum of 52 weeks (exclusive of the notice period in (a)
above).
15.2 Where an Employee covered by this award
accepts a transfer to a position at another Readymix Holdings location, in lieu
of redundancy, when operations cease at Penrith Quarry, they may within 3
months of commencing in that position choose to resign and take the redundancy
benefit they would have received at the time of Penrith closure. This will not apply where the Employee’s
employment is terminated within that three months on disciplinary grounds, or
the Employee otherwise leaves employment in breach of his employment contract.
15.3 Where an Employee covered by this award
accepts a transfer to a position at another Readymix Holdings location, in lieu
of redundancy, when operations cease at Penrith Quarry, which requires the
Employee to relocate from their current residence, the Company will offer some
assistance with such relocation. The
level of assistance will be determined by management at that time and will be
based on the Employee’s individual circumstances. Where the Employee reverts to a redundancy benefit under
subclause 15.2, any relocation costs incurred by the Company will be offset
against the redundancy benefit.
16.
Fitness for Work
The parties
recognise the importance of ensuring Employee fitness for work through compliance
with the applicable OH&S and Mines Acts, Regulations and Rules and are
committed to implementing practical solutions to achieve these objectives.
17.
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.
18.
Increased Flexibilities
18.1 Employees shall
undertake duties and tasks as directed, provided such Employees have the
skills, competence and training to perform such tasks as directed.
18.2 Employees, the
subject of this award, are committed to co-operate with and undertake all
relevant training as directed by the Company, to meet the needs of the
business.
18.3 The Company
shall ensure that the provisions of the Parent Award relating to Employees’
classifications are adhered to when implementing this clause.
19. Teamwork
All parties to this award and the business units concerned
are committed to the development of teamwork and the restructuring of existing
work patterns and arrangements consistent with business needs.
20. Competency Recognition, Learning and
Development
20.1 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.
20.2 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, this will
form the basis of an enterprise training plan.
20.3 The Company is
committed to supporting the development of Employees. This may take the form of:
(a) training for
Employees to maintain or upgrade their skills to enhance performance in their
current role; or
(b) education or
training which will assist an Employee’s progression towards new roles within
the Company,
which will be fully paid for by the Company and
conducted in work time.
20.4 With regard to
the future closure of the Penrith Quarry the Company is also committed to
assist Employees to position themselves to gain employment when operations
cease. This includes both internal and
external opportunities. To support this
commitment the Company will:
(a) fund the cost
of approved education or training undertaken by an Employee. Costs will be
reimbursed following documented completion of the approved training throughout
each year;
(b) provide
Employees who are interested with an opportunity to discuss future career
options with an approved external service provider at the Company’s
expense. This service will cover issues
such as (but not limited to):
identifying personal skills and accomplishments;
setting job/career objectives;
completing a job application or resume;
creating a job search plan; and
networking and interviewing skills; and
(c) assist
Employees gain competencies and licences (where applicable) for work performed
at Penrith Quarry, which would not normally form part of their role, consistent
with meeting production and customer requirements.
21. 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 and stockpile load
out procedures.
22. Performance Criteria and Objectives
22.1 Employees
recognise the importance of and are committed to cooperate and work with the
Company to achieve the following performance outcomes:
(a) zero
recordable injuries;
(b) nil customer
complaints related to product loadout;
(c) achievement of
moisture content targets for Emoleum products;
(d) increased
product loadout grading conformance to >90%;
(e) achievement of
fixed plant Utilisation of >90%; and
(f) development
and implementation of a Waste Reduction Plan and achievement of associated
targets.
22.2 In order to
assist with the achievement of the performance objectives identified above, all
Employees 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.
23. Additional Holiday - Picnic Day
23.1 Employees are
entitled to an additional day’s holiday without loss of pay each calendar year
which is not cumulative. Should the
Employee be requested to work and perform work on the agreed picnic holiday
date, they shall be paid, in accordance with clause 4.6 of the Parent Award
regarding Sundays and holidays which provides for double time and one-half,
with a minimum payment of 4 hours’ work.
23.2 The day agreed
by the parties to be taken as the Picnic Day shall be Easter Saturday.
24. Safety, Health and Environment
Employees recognise their responsibility for improving
workplace safety, health and environment ("SHE") and commit to:
(a) knowing and following
the SHE requirements related to the job and workplace;
(b) constantly
reviewing the workplace for hazards and initiating appropriate corrective
actions or reporting the hazard to the supervisor or manager;
(c) reporting to
work fit for duty; and
(d) reporting all
improper SHE practices observed at the workplace to the supervisor or manager.
25. Salary Sacrificing
25.1 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 Company’s agreement, wages and a superannuation
contribution to Rinker Super. Wages and
superannuation are the two components which will make up remuneration. The sum allocated to each component will be
negotiated initially between the Company and the Employee and thereafter
renegotiated in accordance with this clause.
25.2 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.
25.3 The opportunity
for an Employee to initially negotiate the components of remuneration as per
clause 25.1 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 Company.
25.4 In the event
that changes in relevant taxation legislation, tax office rulings or
determinations remove or alter the Company’s capacity to maintain the salary
sacrifice arrangements pursuant to this award, the Company will be entitled to
withdraw from these arrangements by giving notice to each affected Employee.
26. Anti-Discrimination
26.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section3(f) of the Industrial Relations Act 1996 (NSW) 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.
26.2 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.
26.3 Under the Anti-Discrimination
Act 1977 (NSW), 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.
26.4 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 (NSW);
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
26.5 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.
ANNEXURE
A
For the purpose of this award the 2 "business
units" for the Sydney Quarries Division are:
1. Penrith
Quarry located at:
Sheens Lane
Off Castlereagh Road
PENRITH
NSW 2750
2. Londonderry
Sand located at:
Torkington Road
LONDONDERRY
NSW 2753
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.