ONESTEEL TRADING PTY LTD NEWCASTLE AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by OneSteel Trading Pty Ltd.

 

(No. IRC 4233 of 2005)

 

 

AWARD

 

Arrangement

 

Clause No.          Subject Matter

 

1.         Basic Wage

2.         Definitions

3.         Background

4.         Best Practice Principles

5.         Classification Structure

6.         Wages

7.         Contract of Employment

8.         Hours of Duty

9.         Shift Work Allowances for Shift Workers

10.       Night Work for Day Workers and Day Shift Workers

11.       Transfer of Day Workers from Day Work to Shift Work

12.       Transfer of Shift Workers

13.       Mixed Functions

14.       Special Rates

15.       Overtime

16.       Requirement to Work in Accordance with the Needs of Industry

17.       Holidays

18.       Saturday, Sunday and Holiday Rates

19.       Maximum Payment

20.       Employees Presenting Themselves for Work and Not Required

21.       Sick Pay

22.       Long Service Leave

23.       Annual Holidays

24.       Parental Leave

25.       Jury Service

26.       Automation

27.       Payment of Wages

28.       Miscellaneous Provisions

29.       Return of Company's Property

30.       Procedure for Resolving Claims, Issues and Disputes

31.       No Extra Claims

32.       Labour and Business Flexibility

33.       Work Environment

34.       Consultative Process

35.       Training

36.       Employment Security

37.       Retention of Rate

38.       Area, Incidence and Duration

39.       Leading Hands

40.       Time and Wages Book

41.       Industrial Relations

42.       Personal/Carer’s Leave

43.       Flexible Remuneration

44.       Apprentices

45.       Wage Support for Periods of Extended Illness or Injury

46.       Supplementary Labour - Rates of Pay

47.       Transition Arrangements for Retiring Shift Workers

48.       Superannuation - Choice of Fund

49.       Commitment to Ongoing Business Improvement

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

Appendix 1 - Redundancy

 

PART A

 

1.  Basic Wage

 

This award, in so far as it fixes rates of pay, is made by reference and in relation to the adult basic wage as set out in Part B, Monetary Rates, of this Award.

 

The said basic wage is subject to variation in accordance with the provisions of subclause (2) of clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional and Other Provisions of the Industrial Relations Act 1996.  Upon any such variation, rates of pay prescribed by this award are subject to variation pursuant to section 15 of the said Act to the extent necessary to give effect to the change in the said adult basic wage.

 

2.  Definitions

 

"Company" shall mean OneSteel Trading Pty Ltd at its Newcastle Works located at Industrial Drive, Mayfield, NSW.

 

"Union" or "Unions" shall mean each, some or all of the following industrial organisations of employees, as may be relevant:

 

Australian Workers’ Union, New South Wales;

 

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch; and

 

Electrical Trades Union of Australia, New South Wales Branch.

 

"Day Workers" are employees other than shift workers, and include employees on night work within Clause 10, Night Work for Day Workers and Day Shift Workers, of this award.

 

"Shift Workers" are employees working on a one, two, or three shift system.

 

3.  Background

 

The quest to become Internationally Competitive has long been a dominant issue at Newcastle Works.  Facing the threat of closure back in 1982, the parties negotiated the first of a series of Site Agreements designed to move the organisation towards International Competitiveness.  These agreements chart Newcastle Work’s progress in terms of productivity improvement throughout the 1980’s and into the 1990’s.  Much was achieved and they served both the Company and its employees well.

 

Through participation in the Australian Best Practice Demonstration Program and, in part as a consequence of extensive international benchmarking, the parties came to the view that much more was needed to be done. It was accepted that only substantial changes in work organisation could deliver the required outcomes. While previous Site Agreements had resulted in the introduction of some flexibilities they had not fundamentally addressed the structure of the organisation and the inherent rigid cultural barriers.

 

Towards the end of 1993 the Company, employees and Unions established a Joint Partnership, the aim of which was to develop a clear and common understanding of both the business imperatives and human needs of employees. Throughout the operations of the Joint Steering Team and the Organisational Effectiveness Team, substantial resources were devoted to redesigning the workplace.

 

A further significant step forward was taken in 1995 with the making of a new Newcastle General Award.  For the first time in Newcastle Work’s history, all award employees who are members of the Unions were covered under one Award.  There were also substantial changes in the terms and conditions of employment including a formal skilled based classification structure.

 

Four years further on, the parties remain committed to the goal of World’s Best Practice in the workplace.  Much has been achieved since the making of the Award.  In October 1995, the organisation structure at Newcastle Works changed significantly and therefore, so did the leadership of the change process.  The Partnership Team was formed to replace the Joint Steering Team.  Though its purpose remained much the same as its predecessor, it was designed to be smaller and more local - closer to the shop floor and more able to facilitate real change.

 

The record would indicate that real changes have been made.  Productive performance as measured by labour productivity demonstrates significant improvement.  However, the parties acknowledge that continued significant improvement in total productive performance remains the key objective and that without such improvement the business cannot survive in the long term.

 

In July 1997, the Partnership sought advice in relation to the infrastructure and operation of Work Area Teams.  The work done at this time with the assistance of consultants from North America culminated in the production of our Design Document, the intent of which is to provide employees with a reference to the principles and roles we are seeking to develop with team based structures.  It is, for the most part, recreated in Clause 4 - Best Practice Principles of this Award.  It not only serves as a common, agreed guide to the future, but also updates the Best Practice Principles laid down when the Award was first made.

 

As we continue down this journey, it is clear that cultural change of the nature we seek is achievable.  The challenge is to effect change on a large enough scale to enable a change in culture to be converted into tangible and quantum improvements in productive performance.  In the life of this Award, the success of our efforts in this regard will probably determine the long term future of Newcastle Works.

 

4.  Best Practice Principles

 

(i)         Vision

 

Secure the future of the business for the company and its employees.

 

We will achieve our vision through a joint partnership between Management, Employees and Unions.

 

(ii)        Design Principles

 

(a)        Safety is our number one priority.  We believe that all injuries can be prevented.

 

(b)        The Team Based Approach is the best way to achieve our vision.  This approach allows our people to utilise all their capabilities.

 

(c)        Day-to-day decisions will gradually move to the floor level of the organisation because it is there that the knowledge exists to make these decisions.  People implementing decisions are capable of making those decisions.

 

(d)        Teams are accountable for their outputs and the results of the decisions they are empowered to make.

 

(e)        We will consistently produce quality outputs which meet or exceed our customers’ expectations.

 

(f)         Honesty and being straight forward are the key principles for everything that we do.

 

(g)        We will develop a skilled and flexible workforce through the application of a comprehensive Training strategy.

 

(h)        Shared leadership will be developed at all levels of the organisation.

 

(i)         To achieve the vision it is recognised there must be a satisfactory return to Shareholders.

 

(j)         We will seek to continuously improve the total productive performance of our business.

 

(k)        Achieving the vision, requires a positive contribution from all employees.

 

(l)         The Partnership recognises the need to meet business and human needs.

 

(iii)       Operating Principles

 

(a)        All employees will work in Teams responsible for managing the daily activities of their part of the business.

 

(b)        Teams will actively participate in the identification and correction of hazards and unsafe behaviour.

 

(c)        Teams will effectively analyse and take action, within their area of responsibility, on day-to-day issues relating to Production, Quality, Maintenance, Business Performance, Human Resources, Housekeeping and the Environment.  This principle applies to all Teams.

 

(d)        Planning, meeting, activity participation, decision making, coordinating and training are integral parts of every employee’s job.

 

(e)        All teams will manage their areas through a STAR Point System.

 

(f)         All employees will actively be involved in the STAR System.

 

(g)        Teams will be responsible for broadening each Team Member’s skill profile to promote Team Flexibility.

 

(h)        All Teams and Employees will ensure that all relevant information is shared within the works to the maximum extent possible.

 

(i)         All Teams will operate within the boundaries of the On-line/Offline definitions.

 

On-line refers to any matter which relates to or impacts directly on Total Productive Performance.

 

Off-line refers to the more traditional aspects of the relationships between management, unions and employees.  These include typical industrial relations issues, matters related to wages and conditions, as well as disciplinary issues, award interpretations and so on.  Distinct functional areas such as marketing and research and development are also considered Off-line.

 

The purpose of the distinction between On-line and Off-line is to:-

 

prevent progress toward Best Practice being impaired by traditional issues of conflict.

 

prevent Teams taking decisions which are the responsibility of properly constituted Union meetings.

 

(iv)       Partnership Team

 

(a)        Makeup

 

(i)         Manager Newcastle Works.

 

(ii)        Personnel Manager.

 

(iii)       One Representative of Departmental Managers.

 

(iv)      Two Representatives from the AWU.

 

(v)       Two Representatives from the AMWU.

 

(vi)      One Representative from the CEPU.

 

(vii)     One Representative from Weekly Staff.

 

(viii)    Union officials as required by the Membership.

 

(b)        Roles

 

(i)         Works in accordance with the facility’s Design and Operating Principles.

 

(ii)        Manages the Works as a Team.

 

(iii)       Plans strategically for the future.

 

(iv)      Manages outcomes, not activities.

 

(v)       Develops Departmental Team and other employees.

 

(vi)      Responds to customer needs as a key priority.

 

(vii)     Manages by values and principles rather than rules and regulations.

 

(viii)    Seeks continuous improvement, challenges the status quo and innovations.

 

(ix)       Balances short-term considerations with long-term goals.

 

(x)        Enlists others in the vision of the desired future of the Works.

 

(xi)       Educates and communicates to others about the business, competitive positioning, making good business decisions and the Works’ challenges and opportunities.

 

(xii)      Links the Works to external stakeholders.

 

(v)        Department Teams

 

(a)        Makeup

 

(i)         Department Manager

 

(ii)        One Representative from each Work Area Team (the unions reserve the right to also have delegate representation if it is not covered by the Work Area Team Representatives).

 

(iii)       Shift Support will report to the Department Team and will attend Department Team Meetings.

 

(b)        Roles

 

(i)         Develops Department objectives which are consistent with achieving the site vision.

 

(ii)        Manages the Department as a Team.

 

(iii)       Reviews and monitors progress of Work Area Teams.

 

(iv)      Acts as a link in the communication process.

 

(v)       Takes responsibility for the outcomes of the Department objectives.

 

(vi)      Provides leadership, guidance, support and feedback to Work Area Teams.

 

(vii)     Provides resources and assistance for the implementation of the process.

 

(viii)    Promotes and encourages Best Practice.

 

(ix)       Educates the Work Area Teams about the business, competitive positioning, makes good business decisions, the Works’ challenges and opportunities and linking each Work Area Team’s objectives to the business needs.

 

(x)        Manages with emphasis on the Design and Operating Principles.

 

(xi)       Role Models (Practice what you preach).

 

(xii)      Resolves conflicts (on-line issues only).

 

(xiii)     Works together to achieve trust.

 

(xiv)     Liaise with other Department Teams and Work Area.

 

(vi)       Work Area Team

 

(a)        Makeup

 

(i)         A logical, identifiable area with clearly defined inputs and outputs in which a group of people can work as a Team, with the potential to become self directed.

 

(b)        Roles

 

(i)         Works in accordance with the facility’s Design and Operating Principles.

 

(ii)        Manages the day-to-day business operation within its area of responsibility.

 

(iii)       Continually educates itself about the business.

 

(iv)      Ensures that its objectives and focus are linked to the business needs of the Works.

 

(v)       Continually seeks improvement in its processes, products and performance.

 

(vi)      Ensures that each of its decisions meet the six basic elements of a Good Business Decision:-

 

It ensures the Safety of our Employees.

 

It meets or exceeds our customer’s expectations.

 

It is consistent with the Work’s Vision, Mission and Principles.

 

It adds value to the Works.

 

It gives consideration to cost.

 

It is based on facts.

 

(vii)     Focuses its output and performance toward the good of the larger organisation.

 

(viii)    Cooperates in a partnership with other Work Area Teams in identifying problems, resolving issues and improving performance.

 

(vii)      Organisational Effectiveness Team

 

(a)        Objective

 

(i)         To pursue initiatives developed through the partnership aimed at improving the overall productive performance of the site.

 

(b)        Roles

 

(i)         Acts as a role model in employing teamwork principles which support improvement to the productive performance of the site.

 

(ii)        Works as part of the Team to promote the change process through facilitation whilst encouraging participation from all employees.

 

(iii)       Assists in the development and delivery of relevant material for ongoing training, education and learning programs.

 

(iv)      Provides the necessary support and understanding to employees regarding their roles as Team Members.

 

(v)       Participates in the continuous review of improvement programs to identify any need for modification.

 

(vi)      Maintains close relationships with employees, unions and Management in the promotion of Best Practice Principles.

 

(vii)     Assists in the establishment of communication requirements for Best Practice and works to ensure they are fully implemented.

 

(viii)    Ensures benchmarking and employee involvement activities receive continued emphasis, that they are properly understood and that they are appropriately linked to Best Practice.

 

(ix)       Supports the ongoing continuous improvement effort, provides feedback to the partnership and recommends new approaches.

 

(x)        Maintains contacts with outside organisations and with "state of the art" developments in the fields of quality and process improvement.

 

(xi)       Assists in the development of proper functioning of Teams at all levels of the on-line structure.

 

(xii)      Assists Teams in distinguishing between the on-line activities of W.A.T.’s and the offline issues which must be pursued through the traditional union/management structure.

 

(xiii)     Serves as a training resource for all Teams.

 

5.  Classification Structure

 

Below is the framework for the skills-based classification structure.  The rates of pay for each level can be located in Part B, Table 1 and are the total weekly rates.  The specific skill requirements at each level are still being finalised.  However, a number of matters are agreed by all parties in principle:

 

(i)         Skill requirements at each level are consistent for all employees i.e. employees must have equivalent skills to be qualified at the same level.

 

(ii)        Competencies which form the Competency Matrix will be National Training Board approved where possible.

 

(iii)       Progress from the Induction level through to level 5 will be in equal increments in skill requirements.

 

(iv)       Progress from level 5 through to level 14 will be consistent with skill requirements through the classification structure in the Metal, Engineering & Associated Industries Award 1998 from C10 through to C2(b).

 

(v)        Level 5 is what is known as the 100% or base trade certificate level i.e. in Metal Industry terms a C10 outcome.

 

(vi)       Movement to this classification structure will be on the basis that employees will retain their current rate of pay.  Positioning in the structure according to skills will occur by way of Skills Audits conducted under the auspices of the Customer Satisfaction Process, or by an agreed method of assessment.  Employees will be classified at the level of skills acquired where those skills are required to be exercised during the course of an employee's normal work.

 

In addition to the skills based classification structure, the classification of interim is established.  The classification of interim includes all employees (other than staff) employed as at the date this award is made but does not include any employee who is classified in another classification set out in the skills based classification structure in this award subsequent to the date of making this award.

 

The rate of pay paid to an employee classified in the classification of interim shall be the rate paid to the employee immediately prior to the making of this award (including increases set out in Clause 6 - Wages) and this rate shall continue to be paid to the employee until such time as the employee is classified in another classification set out in the skills based classification structure in this award in respect of which a higher rate of pay applies.

 

6.  Wages

 

Wages - In consideration of continued cooperation and involvement in the achievement of the business objectives, all employees will receive (refer Part B - Monetary Rates):

 

4% from  first full pay period commencing on or after 1st September 2005; and

 

1% from first full pay period commencing on or after 1 March 2006.

 

4% from first full pay period commencing on or after 1 September 2006.

 

4% from first full pay period commencing on or after 1 September 2007.

 

7.  Contract of Employment

 

(i)         Subject as provided elsewhere in this award employment shall be on a weekly basis.

 

(ii)        Probationary Period

 

Employment of employees on probation for the first two weeks of service shall be from day to day at the weekly rate fixed determinable at a day's notice. This probationary period shall not apply where employment follows a period of engagement as defined in clause 46, Supplementary Labour - Rates of Pay.

 

(iii)       Performance

 

Employees shall perform such work as the Company reasonably shall, from time to time, require. An employee not attending for or not performing his or her duty shall, except as provided for by Clause 21, Sick Pay, of this award, lose his or her pay for the actual time of such non-attendance or non-performance.

 

(iv)       Terminations

 

Subject as aforesaid employment shall be terminated by a week's notice on either side, given at any time during the week, or by the payment or forfeiture of a week's wages, as the case may be. Where an employee has given notice or has been given notice by the Company, he or she shall, upon request, be granted leave of absence without pay for one day or shift during the period of notice in order to look for alternative employment.

 

(v)        Stand-downs

 

Notwithstanding the provisions of this Clause the Company shall have the right to stand an employee down for refusal of duty, malingering, inefficiency, neglect of duty or misconduct on the part of the employee and to deduct payment for any day or portion of a day during which the employee is so stood down, provided that:

 

(a)        No employee shall be stood down before an adequate investigation of the circumstances of the alleged offence has been made or, except in the case of a group standing down, before he or she has had an opportunity to state his or her case and to adduce witnesses to the facts;

 

(b)        Where a superintendent is on duty in the department to which the employee is attached any decision as to the standing down of the employee shall be made by the superintendent;

 

(c)        Where no superintendent is on duty in a department a foreman may stand an employee down for a period not exceeding the balance of the shift where the employee refuses duty or where the foreman reasonably is of the opinion that the continued presence of the employee on the plant would be likely to:

 

(i)         constitute a hazard either to the employee or to other employees or to plant and equipment; or

 

(ii)        interfere with the normal and orderly functioning of the Company's operations; or

 

(iii)       be prejudicial to discipline;

 

(d)        Where a foreman stands an employee down the foreman shall arrange for the employee to be interviewed by the superintendent not later than the commencement of the employee's next rostered shift of duty or at such other time as may be arranged mutually and the superintendent, after reviewing the case, shall inform the employee of his or her decision on the matter;

 

(e)        An employee shall be entitled to appeal to the Industrial Department against any decision of a superintendent but the superintendent's decision shall take effect pending the determination of the appeal;

 

(f)         Where an employee is working in a department, other than that department to which he or she is attached, the employee may be stood down in accordance with the provisions of this sub-clause by the appropriate supervisor in the department in which he or she is working in lieu of the appropriate supervisor of the department to which he or she is attached;

 

(g)        Superintendent shall include:

 

(i)         Any officer with authority higher than that of a superintendent;

 

(ii)        Any officer acting as a superintendent's deputy in the absence of a superintendent;

 

(iii)       In a department where there is no officer with the title of superintendent the supervisor who is in charge and, in the supervisor's absence, his or her deputy;

 

(h)        Department shall include a department so called and any other separately administered section of the plant;

 

(i)         Group standing down shall mean the standing down under this Clause of a group of not less than four employees who have refused duty or who have committed misconduct whilst acting in concert.

 

(vi)       This Clause shall not affect the right of the Company to deduct payment for any day during which an employee cannot be employed usefully because of any strike or through any breakdown of machinery or due to any cause for which the Company reasonably cannot be held responsible.

 

(vii)      Dismissal

 

This Clause shall not affect the right of the Company to dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of duty or misconduct and in such cases wages shall be payable up to the time of dismissal only, provided that:

 

(a)        No employee shall be dismissed without notice before an adequate investigation of the circumstances of the alleged offence has been made.

 

(b)        Any decision as to the dismissal of an employee without notice shall be made by the superintendent of the department to which the employee is attached.

 

(c)        When a superintendent decides to dismiss an employee without notice the superintendent shall so tell the employee and give the employee the reasons for the dismissal without notice.

 

(d)        If immediately following a dismissal without notice the dismissed employee, or his or her delegate, tells the superintendent that the dismissal will be contested:

 

(i)         the dismissal shall take effect 7 calendar days from the time that the employee was told of his or her dismissal, and

 

(ii)        during these 7 calendar days, notwithstanding the provisions of sub-clause (V) of this Clause, the employee shall be stood down without pay.

 

(e)        The words "superintendent" and "department" shall have the same meaning as in sub-clause (V) of this Clause.

 

(viii)     Statement of Employment

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of his or her employment and the classification of or the type of work performed by the employee.

 

8.  Hours of Duty

 

(i)         All Employees -

 

Ordinary working hours shall be an average of thirty eight hours per week over the full cycle of the relevant work roster. Ordinary working hours shall not exceed -

 

(a)        twelve hours during any consecutive twenty-four hour period; or

 

(b)        152 in twenty-eight consecutive days,

 

except in the case of rostering arrangements which provide for the weekly average of 38 ordinary hours to be achieved over a period which exceeds 28 consecutive days.

 

(ii)        Day Workers

 

(a)        Ordinary working hours shall be Monday to Friday, inclusive, between the hours of 6.00 am and 6.00 pm,;

 

(b)        On each day worked, Monday to Friday inclusive, thirty minutes between the hours of 11.30 am and 12.30 pm shall be allowed to day workers for a meal or at a time mutually arranged to suit work requirements.

 

(iii)       Shift Workers

 

Twenty minutes shall be allowed each shift for crib which shall be counted as time worked.  In the case of 12-hour shift systems, two twenty minute crib breaks will be taken approximately four hours apart.  Each crib break will be taken in accordance with the needs of the operation and will be counted as time worked.

 

9.  Shift Work Allowances for Shift Workers

 

(i)         A shift worker who works on a three shift rotation of day / night / afternoon shift shall be paid for each such shift worked 10 per cent more than his or her ordinary rate.

 

(ii)        A shift worker who works on a two shift rotation of day / afternoon or  day / night shift shall be paid for each such shift worked 71/2 per cent more than his or her ordinary rate.

 

(iii)       A shift worker who works on an afternoon or night shift which does not continue for at least five successive afternoons or nights or at least four successive afternoons or nights where the fifth is his rostered shift off shall be paid for each such shift 50 per cent for the first two hours thereof and 100 per cent for the remaining hours thereof in addition to his ordinary rate.

 

(iv)       An employee relieving a shift worker for only one week of a two or three shift rotation shall be paid the appropriate shift work allowance as if the relief were for the full rotation of shifts.

 

(v)        A shift worker who works overtime on night shift or afternoon shift shall be paid 15 per cent more than his or her ordinary rate for such shift.

 

(vi)       A shift worker who works overtime on day shift shall be paid 10 per cent more than his or her ordinary rate for such shift.

 

(vii)      An employee who:

 

(a)        During a period of engagement on shift, works night shift only; or

 

(b)        Remains on night shift for a longer period than four consecutive weeks; or

 

(c)        Works on a night shift which does not rotate or alternate with another shift or with day work so as to give him at least one-third of his working time off night shift in each shift cycle:

 

Shall during such engagement period or cycle be paid 30 per cent more than his ordinary rate for all time worked during ordinary working hours on such night shift.

 

(viii)     "Night Shift" means any shift finishing subsequent to midnight and at or before 8 00am.

 

(ix)       "Afternoon Shift" means any shift finishing subsequent to 4.00pm and at or before midnight.

 

(x)        A shift worker who works on a 12-hour shift system shall be paid for each 12-hour shift worked, ten percent more than his or her ordinary rate.

 

10.  Night Work for Day Workers and Day Shift Workers

 

(i)         Subject to Clause 19, Maximum Payment, of this award but otherwise notwithstanding anything contained herein:

 

(a)        A day worker who is required in lieu of ordinary day work, or

 

(b)        A day shift worker who is required in lieu of a day shift on which he or she would ordinarily be rostered to work at night for periods of not less than eight hours or less than five consecutive nights or on less than four consecutive nights when the fifth night is his or her 38 hour week rostered off night shall be paid at the rate of time and one half of the ordinary rate of pay provided by this award, except:

 

(c)        On Saturdays, Sundays, 38 hour week rostered off days and holidays; and

 

(d)        In respect of any night in respect of which he or she has not been given at least 48 hours notice when he or she shall be paid at overtime rates for day workers. No shift allowance is payable in respect of night work under this Clause.

 

(ii)        In this Clause "night" means any hours between 4.00pm and 8.00am, and "day shift worker" means a shift worker employed on a shift system involving day shift only.

 

11.  Transfer of Day Workers from Day Work to Shift Work

 

Day workers may be employed as and become shift workers for a period of not less than five shifts or not less than four shifts when the fifth shift is his or her 38 hour week rostered off shift and paid accordingly.

 

Provided that an employee shall be paid at overtime rates for any shift upon which he or she is employed as a shift worker under this Clause in respect of which he or she has not been given at least 48 hours' notice.

 

12.  Transfer of Shift Workers

 

A shift worker who is required to work on a shift other than the shift on which he or she would ordinarily be rostered shall be paid at overtime rates for any such shift in respect of which he or she has not been given at least 48 hours notice. This provision shall not apply when the employee reverts to the shift on which he would ordinarily have been rostered.

 

13.  Mixed Functions

 

(i)         An employee, who is required to do work carrying a higher rate than his or her ordinary classification for two hours or more on any day or shift, shall be paid at the higher rate for the whole of the day or shift.

 

(ii)        Subject to sub-clause (I) of this Clause, an employee, who on any day or shift is required to do work of a higher paid classification for at least one hour, shall be paid the rate prescribed for such work whilst so engaged.

 

(iii)       An employee required to do work carrying a lower rate than his or her ordinary classification shall be entitled to payment at the rate of his or her ordinary classification except:

 

(a)        where, because of a strike by fellow employees in the establishment in which he or she is employed, work in his or her ordinary classification is not available and where the period spent on the work carrying the lower rate is at least one hour; and

 

(b)        in respect of work on overtime, where the period spent on the work carrying the lower rate is at least one hour.

 

14.  Special Rates

 

(i)         Special Rates not Cumulative

 

Where more than one of the following disabilities entitling an employee to extra rates exist on the same job only one rate, namely the highest for the disabilities so prevailing shall be paid.  Provided that this subclause shall not apply to cold places, confined spaces, dirty work, height money, hot places, or wet places, the rates for which are cumulative.

 

(ii)        Rates not Subject to Penalty Additions

 

The special rates herein prescribed shall be paid irrespective of the times at which the work is performed, and shall not be subject to any premium or penalty additions.

 

(iii)       Confined Spaces

 

Working in confined space (as defined) - the amount per hour as set out in Item 1 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

(iv)       Dirty Work

 

Work which shall be agreed is of an unusually dirty or offensive nature - the amount per hour as set out in Item 2 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

(v)        Height Money

 

Employees other than riggers and splicers engaged in the construction, erection, repair and / or maintenance of structures at a height of 15 metres or more directly above the nearest horizontal plane - the amount per hour as set out in Item 3 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

(vi)       Hot Places

 

Working for more than one hour in the shade in places where the temperature is raised by artificial means to between 46 and 54 degrees Celsius - the amount per hour as set out in Item 4 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award; in places where the temperature exceeds 54 degrees Celsius - the amount per hour as set out in Item 5 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award. Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, employees shall also be entitled to 20 minutes rest after every two hours work without deduction of pay.

 

(vii)      Slag Wool

 

Employees handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise shall when so employed on the construction, repair or demolition of furnaces, walls, floors and / or ceilings be paid the amount per hour as set out in Item 6 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

(viii)     Wet Places

 

An employee working in any place where his or her clothing or boots become saturated, whether by water, oil or otherwise, shall be paid the amount per hour as set out in Item 7 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award. Provided that this extra rate shall not be payable to an employee who is provided by the employer with suitable and effective protective clothing and / or footwear.

 

Provided further that any employee who becomes entitled to this extra rate shall be paid such rate for such part of the day or shift as he or she is required to work in wet clothing or boots.

 

(ix)       Explosive Powered Tools

 

Employees required to use explosive powered tools shall be paid per day the minimum amount as set out in Item 8 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.  Where an hourly amount is required, it shall be calculated by dividing the amount as set out in Item 8 by 7.6.

 

(x)        Other Special Rates

 

(a)        An employee employed on any chokage necessitating the opening up of any soil, waste, or drain pipes or scuppers conveying sewage shall be paid in addition the amount per day or shift or part thereof as set out in Item 9 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

(b)        A employee engaged on all spray painting carried out in other than a properly constructed booth, approved by the appropriate government authority, shall be paid the amount per hour as set out in Item 10 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

(c)        A Plumber shall, if required to compute quantities or make up estimates, be paid the amount per hour as set out in Item 11 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

(d)        A Plumber may receive the following amounts per hour as set out in the respective items of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award:

 

(i)         When required to act on his or her Plumber's licence, Item 12.

 

(ii)        When required to act on his or her Gasfitter's licence, Item 13.

 

(iii)       When required to act on his or her Drainer's licence, Item 14.

 

(iv)      When required to act on his or her Plumber's and Gasfitter's licence, Item 15.

 

(v)       When required to act on his or her Plumber's and Drainer's licence, Item 16.

 

(vi)      When required to act on his or her Gasfitter's and Drainer's licence, Item 17.

 

(vii)     When required to act on his or her Plumber's Gasfitter's and Drainer's licence, Item 18.

 

NOTE

 

Gasfitting licence shall be deemed to include coal gas, natural gas, liquid petroleum gas or any other gas where it is required by any State Act of Parliament or regulation that the holder of a licence be responsible for the installation of any such service or services.

 

(e)        An employee who may be required by his or her employer to act on his or her licence or licences during the course of his or her employment is entitled to be paid at the rate per hour mentioned in this award for every hour of his or her employment whilst he or she is liable to be called upon by his or her employer to act on his or her licence or licences whether he or she has in any hour in fact acted on such licence or not.

 

The provisions of Clause 19, Maximum Payment, of this award shall not apply to the rates prescribed by this sub-clause.

 

(f)         An employee who is called upon to handle charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool, or other recognised insulation material of a like nature or working in the immediate vicinity so as to be affected by the use thereof, shall be paid the amount per hour or part thereof as set out in Item 19 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of the award.

 

(g)        Employees, when working inside stacks and flues on brick linings, which when bricked have a diameter of 900mm, or under, shall be paid by way of clothing allowance, the amount per day or shift or part thereof as set out in Item 20 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award:  Provided that when this work is with the approval of the Company shared by arrangement between the employees themselves each such employee shall be paid a clothing allowance as set out in the said Item 20 per day or shift for the time he or she is so employed.

 

(h)        An employee engaged inside the gas or water space of any boiler, flue or economiser, in cleaning or scraping work shall whilst so employed, be paid the amount per hour as set out in Item 21 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award, in addition to his or her ordinary or overtime rate of pay.

 

(i)         Applying obnoxious substances

 

(i)         An employee engaged in either the preparation and / or the application of epoxy based materials, or materials of a like nature shall be paid the amount per hour as set out in Item 22 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

(ii)        In addition, employees applying such material in buildings which are normally air-conditioned shall be paid the amount per hour as set out in Item 23 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award, extra for any time worked when the air-conditioning plant is not operating

 

(iii)       Where there is an absence of adequate natural ventilation the employer shall provide ventilation by artificial means and / or supply an approved type of respirator and in addition protective clothing shall be supplied where recommended by the appropriate Government Authority.

 

(iv)      Employees working in close proximity to other employees so engaged shall be paid the amount per hour as set out in Item 24 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

(v)       For the purpose of this clause all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

 

(j)         A Plumber, licensed Plumber and / or Leadburner who is a holder of a certificate of registration under the Plumbers, Gasfitters and Drainers Act, 1979, shall be paid a registration allowance per hour as set out in Item 25 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award, on the production of such certificate. The allowance shall be paid for all purposes of the award with the exception of Clause 10, Night Work for Day Workers and Day Shift Workers, Clause 15, Overtime, and Clause 18, Saturday, Sunday and Holiday Rates in which cases it shall be paid as a flat rate for all hours worked, provided that until such time as the machinery is set up for the issuing of certificates of registration, the allowances will be paid to Plumbers, licensed Plumbers and/or Leadburners for whom registration will be required.

 

(k)        A Rigger and / or Roper and / or Splicer who holds a certificate of competency as a Rigger under the Construction Safety Act, 1912, and who is required to obtain and use a certificate of competency as a Scaffolder under the said Act shall, upon obtaining and using such certificate, be paid a weekly allowance as set out in the respective items of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award as follows:

 

Class 1 or 2  -  Item 26   Class 4  -  Item 27

(These allowances are not cumulative).

 

(l)         Toxic Substances

 

(i)         Employees required to use toxic substances shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.

 

(ii)        Employees using such materials will be provided with and shall use all safeguards as are required by the appropriate Government authority.

 

(iii)       Employees using toxic substances or materials of a like nature, where such substances or materials are used in quantities of 0.5kg or over, shall be paid the amount per hour as set out in Item 28 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

Employees working in close proximity to employees so engaged so as to be affected by the use of such substances or materials shall be paid the amount per hour as set out in Item 29 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

(iv)      For the purpose of this sub clause toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

 

(xi)       Definitions

 

"Confined Space" - For the purpose of this clause "confined space" means a compartment, space or a place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position, or without proper ventilation and subject thereto includes such a space -

 

(a)        in the case of a locomotive - inside the barrels of the boilers, fire boxes, water spaces of tenders, side tanks, saddle tanks or smoke boxes:

 

(b)        in other cases - inside boilers, steam drums, mud drums, fire boxes of vertical or road vehicle boilers, furnaces, flues, combustion chambers, receivers buoys, tanks, superheaters or economisers.

 

(xii)      Definitions - General

 

(a)        "Dogman and / or Crane Chaser (mobile equipment)" means a Dogman and / or Crane Chaser working with mobile cranes. The definition does not apply to a Dogman and / or Crane Chaser who is permanently employed in a workshop, nor does it apply when he or she is using a mobile crane which is permanently stationed in a workshop.

 

(b)        "Rigger and / or Splicer" means an adult employee who is-

 

(i)         responsible for the rigging involved in the erection, placing in position, dismantling of structural steel, plant buildings, machinery equipment and the like; or

 

(ii)        responsible for the erection of tackle with wire or ropes for lifting; or

 

(iii)       engaged on splicing or repairing and / or ropes (not including machine splicing).

 

(c)        "Rigger and / or Splicer on Construction Work" shall mean a Rigger and / or Splicer (as defined herein), engaged (other than in or about workshops, factories and / or adjoining areas) on -

 

(i)         new constructions; or

 

(ii)        reconstructions during planned shut-down periods; or

 

(iii)       major repairs (not including general maintenance).

 

(iv)      projects which are primarily civil and mechanical engineering structures or installations such as power stations, grain elevators and silos, oil refineries, petrochemical plants, wharves, jetties, piers, bridges, elevated pipelines, water storage towers and in steel works on coke ovens, sinter plants, blast furnace, B.O.S. steel making plants, lime kilns, ore bridges, pellet plants and tonnage oxygen plants.

 

(xiii)     An electrical trades person who is appropriately licensed will be paid the amount per hour as set out in item 30 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

15.  Overtime

 

(i)         Day Workers

 

Day workers, for all time worked in excess of or outside the ordinary working hours and times prescribed by this award, shall be paid at the rate of time and one half for the first two hours and double time thereafter.

 

(ii)        Shift Workers

 

Shift Workers for all time worked:

 

(a)        in excess of the ordinary working shift hours prescribed by this award; or

 

(b)        on more than eleven shifts in twelve consecutive days; or

 

(c)        on a rostered shift off; or

 

(d)        in excess of five hours without a crib break

 

shall be paid at the rate of time and one half for the first two hours and at the rate of double time thereafter.

 

This sub-clause shall not apply when the time is worked:

 

(i)         By arrangement between the employees themselves; or

 

(ii)        For the purpose of effecting the customary rotation of shifts.

 

(iii)       Rest Period, Following Overtime

 

Overtime shall, wherever reasonably practicable, be so arranged that employees have at least 8 consecutive hours off duty between the work of successive days. An employee who works so much overtime between the termination of his or her ordinary work on one day and the commencement of his or her ordinary work on the next day that he or she has not had at least 8 consecutive hours off duty between those times shall, subject to this sub-clause, be released after completion of such overtime until he or she has had 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

If on the instruction of the Company such an employee resumes or continues work without having had such eight consecutive hours off duty, he or she shall be paid at double rates until he or she is released from duty and shall then be entitled to be absent until he or she has had 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

 

Where immediately after taking an eight-hour rest period pursuant to this sub-clause, an employee is required to report for work at other than his or her ordinary day or shift commencing time and reasonable means or transport are not available to him or her, the Company shall convey him or her, or supply him or her with conveyance to the works.

 

(iv)       Saturdays, Sundays, Public Holidays

 

An employee, required to work on a Saturday, Sunday, a 38 hour week rostered day off, or a public holiday, shall be paid for a minimum of four hours' work. Where the actual time worked is of shorter duration than the applicable minimum specified in this paragraph, the working period shall not be regarded as overtime for the purpose of sub-clause (iii) of this Clause.

 

(v)        Meal Allowances

 

(a)        An employee required to continue at work on overtime for more than one-and-a-half hours after his or her ordinary ceasing time without having been notified before leaving his or her work on the previous day that he or she would be required to work overtime, shall, at the employee's option:

 

(i)         be provided, free of cost, with a suitable meal and another meal for each subsequent meal break into which the work extends; or

 

(ii)        be paid for each meal the amount set out in Item 31 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

(b)        If an employee pursuant to notice has provided a meal and is not required to work overtime or required to work for less than one-and-a-half hours, he or she shall be recompensed suitably for the meal which he or she has provided but which is surplus.

 

(vi)       Transport of Employees after Overtime

 

Where an employee working overtime finishes work at a time when reasonable means of transport are not available to him or her, the Company shall:

 

(a)        Convey the employee to his or her home; or

 

(b)        Pay the employee his or her current rate of pay for the time reasonably occupied in reaching his or her home.

 

(vii)      Call Back

 

(a)        An employee recalled to work overtime after leaving the premises at which the employee works (whether notified before or after leaving the premises) shall

 

(i)         be paid a minimum of 4 hours pay at the appropriate rate for each time he or she is so recalled.

 

(ii)        except in the case of unforeseen circumstances arising, not be required to work the full four hours if the job he or she was recalled to perform is completed within a shorter period.

 

This subclause shall not apply in cases where it is customary for an employee to return to work to perform a specific job outside his or her ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of clause 15(III) of the award when the actual time worked is less than 3 hours on each such recall or on each such recalls.

 

(b)        An employee who is recalled from his or her home to work overtime shall, at the employee's option:

 

(i)         be provided, free of cost, with a suitable meal for each normal meal break falling during the overtime for which he or she was called out in addition to the meal break during his or her normal shift ; or

 

(ii)        be paid for each such meal the amount set out in Item 32 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, of this award.

 

(viii)     12-Hour Shift System

 

A shift worker who works on a 12-hour shift system shall not work any more than four hours overtime in excess of his or her ordinary 12-hour shift in any 24-hour period.

 

16.  Requirement to Work in Accordance With the Needs of Industry

 

(i)         For the purpose of meeting the needs of the industry, the Company may require an employee to work reasonable overtime, including work on Saturdays, Sundays and holidays at the rate prescribed by this award, and unless reasonable excuse exists, the employee shall work in accordance with such requirement.

 

(ii)        Subject to Clauses 11, Transfer of Day Workers from Day Work to Shift Work, and 12, Transfer of Shift Workers, of this award, for the purpose of meeting the needs of the industry, the Company may require an employee to transfer from one system of work to another system of work prescribed by this award at the rate applicable thereto, and, unless reasonable excuse exists, an employee shall transfer in accordance with such requirement.

 

17.  Holidays

 

(i)         An employee on weekly hiring shall be entitled, without loss of pay, to public holidays as follows:

 

New Year's Day

Australia Day

Good Friday

Easter Saturday

Easter Monday

Anzac Day

Queen's Birthday

Eight Hour's Day or Labour Day

Christmas Day

Boxing Day

 

In addition to the above public holidays, one additional public holiday shall apply on a date to be agreed each year.

 

(ii)        Requirement to Attend Before and After

 

This provision for payment does not apply to employees absent without leave or reasonable excuse on the working day preceding or the working day succeeding a holiday.

 

(iii)       Where an additional public holiday is proclaimed or gazetted then such day shall be deemed to be a public holiday for the purposes of this award. 

 

(iv)       For the purposes of this award:

 

(a)        Where Christmas Day falls on a Saturday or on a Sunday, the following Monday and Tuesday shall be observed as Christmas Day and Boxing Day respectively;

 

(b)        Where Boxing Day falls on a Saturday, the following Monday shall be observed as Boxing Day;

 

(c)        Where New Year's Day falls on a Saturday or on a Sunday the following Monday shall be observed as New year's Day;

 

and the said Saturday and / or Sunday shall be deemed not to be holidays.

 

18.  Saturday, Sunday and Holiday Rates

 

Employees shall be paid at the rate of double time for all work done on Saturdays and Sundays, and at the rate of double time and one half for all work done on the holidays prescribed by this award.

 

19.  Maximum Payment

 

Shift Allowance

 

Shift allowances and special rates shall not be subject to any premium or penalty additions.

 

20.  Employees Presenting Themselves for Work and Not Required

 

Subject to the provisions of Clause 7, Contract of Employment, of this award, an employee who presents himself or herself for his or her ordinary work without notice that he or she will not be required shall be paid at least four hours' pay.

 

21.  Sick Pay

 

(i)         An employee who is unable to attend for duty during his or her ordinary working hours by reason of personal illness or injury by accident shall be entitled to be paid at ordinary time rates of pay for the time of such non-attendance subject to the following:

 

(a)        Workers Compensation Restriction -

 

The employee shall not be entitled to be paid leave of absence for any period in respect of which he or she is entitled to Worker's Compensation.

 

(b)        Notice of Intended Absence

 

The employee shall, where reasonable and practicable prior to the commencement of such absence and in any case as soon as possible thereafter, inform the Company of his or her inability to attend for duty, and as far as possible, state the nature of the illness or injury and the estimated duration of the same.

 

(c)        Required Evidence

 

The employee shall provide to the satisfaction of the Company or, in the event of a dispute, the Industrial Relations Commission of NSW, evidence that he or she is or was unable, on account of such illness or injury, to attend for duty on the day or days for which payment under this Clause is claimed.

 

(d)        Sick Pay

 

The employee shall not be entitled in respect of any year of continued employment to sick pay for more than the number of ordinary working hours specified in paragraph (e) of this subclause.  Any period of paid sick leave allowed by the company to an employee in any such year shall be deducted from the period of sick leave which may be allowed or may be carried forward under this award in or in respect of the earliest year of employment for which the employee has an accumulated or accrued right.

 

(e)        Length of Absence Paid

 

The number of ordinary working hours referred to in paragraph (d) above shall be:

 

(i)         in the case of any employee with less than one years' continued employment: 40;

 

(ii)        in the case of an employee with one or more years' continued employment but less than 10 years' continued employment:  64;

 

(iii)       in the case of an employee with ten or more years' continued employment:  80.

 

(ii)        Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph (e) of subclause (i) hereof which has in any year not been allowed to an employee by an employer as paid sick leave may be claimed by the employee and subject to the conditions hereinbefore prescribed shall be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.

 

Provided that sick leave which accumulates pursuant to this subclause shall be available to the employee for a period of 16 years but for no longer from the end of the year in which it accrues.

 

(iii)       In the case of an employee who otherwise is entitled to payment under this Clause but who, at the time of the absence concerned, has not given three months continuous service in his or her current employment with the Company the right to receive payment shall not arise until he or she has given such service.

 

(iv)       For the purpose of this Clause continuous service shall be deemed not to have been broken by-

 

(a)        any absence from work on leave granted by the Company; or

 

(b)        any absence from work by reason of personal illness, injury or other reasonable cause, proof whereof shall, in each case, be upon the employee;

 

provided that any time lost shall not be taken into account in computing the qualifying period of three months.

 

(v)        This Clause shall not apply to employees whose rates include compensation for time lost by reason of incapacity due to sickness.

 

(vi)       Service before the date of the coming into force of this award shall be counted as service for the purpose of qualifying thereunder.

 

(vii)      If an employee is terminated by his or her employer and is re-engaged by the same employer within a period of six months then the employee's unclaimed balance of sick leave shall continue from the date of re-engagement.

 

In such a case the employee's next year of service will commence after a total of 12 months has been served with that employer excluding the period of interruption in service from the date of commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment, as the case may be.

 

(viii)     An employee who works on a 12-hour shift system shall be paid sick pay for weekend absences at single time for hours claimed.

 

 

22.  Long Service Leave

 

(i)         The terms of the Long Service Leave Act 1955 shall apply except for the provisions prescribed below:

 

(a)        for all service after 1 July 2001, long service leave will accrue at the rate of 13 weeks for each 10 years of service.

 

(b)        from 14th December 2001, pro-rata long service leave will be able to be accessed or will be paid out on resignation or termination of the employee, other than in circumstances of summary dismissal, after 5 years continuous service.

 

(ii)        The award rate (basic wage and margin) element of ordinary pay for long service leave shall be either -

 

that determined in accordance with the Long Service Leave Act 1955; or

 

that applicable to the employee at the commencement of their long service leave entitlement, whichever is the greater.

 

(iii)       Long service leave shall be paid at the employee’s ordinary time earnings for the shift roster that the employee would have worked had it not been for the long service leave. This means whilst employees are on long service leave they will be paid their ordinary time rate of pay (award and over-award), shift & weekend penalties and compulsory rostered overtime (ie. such rostered overtime which is currently recognised for the purposes of annual leave, sick leave, superannuation, etc). Payment will also include public holidays penalties provided that the employee would have been required to work the public holiday and the period of long service leave is not subject to added days for such public holiday (eg as provided under NSW LSL Act).

 

To be eligible to be paid long service leave as per the shift roster, an employee must have been in a permanent shift position for a period of at least twelve months at the time of taking long service leave.

 

(iv)       Where payment is made in lieu of accrued long service leave such as on termination of employment,  payment shall be at the employee's ordinary time rate of pay (ie excluding compulsory rostered overtime, shift and weekend penalty rates).

 

(v)        An employee shall be entitled to have all days which are prescribed as holidays by clause 17, Holidays, treated as days appointed by the Governor as public holidays for the purposes of the application to them of Section 4 (4A) of the Long Service Leave Act 1955.

 

23.  Annual Holidays

 

(i)         Subject to the provisions set out in sub-clauses 23(ii) to 23 (iv) annual leave for all employees under this award is governed by the Annual Holidays Act 1944. Every employee shall at the end of each year of his or her employment become entitled to an annual holiday of four weeks.

 

(ii)        Annual Leave Exclusive of Public Holidays

 

(a)        Except as provided in this sub-clause, the annual leave prescribed by clause 23 shall be exclusive of any of the public holidays prescribed in clause 17.  An employee who is on leave during a period which a public holiday falls shall be entitled to an additional day's leave provided that, had the employee not been on annual leave, the employee would otherwise have been entitled to a day's leave.

 

(b)        Where an employee becomes entitled to additional leave as a result of a public holiday falling during his or her period of annual leave, such employee shall not be entitled to be paid for the additional leave where the employee fails to attend for work at the ordinary starting time on the next working day immediately following the period of additional leave.  However, where the employee can show reasonable cause for the employee's failure to attend work on the working day immediately following the last day of the employee's leave, then the employee is entitled to be paid in respect of the period of additional leave.

 

(iii)       Annual Leave Rate of Pay

 

The payment to be made in respect of annual leave accrued under the Annual Holidays Act 1944 and additional leave accrued under clauses 23(ii), of this award shall be calculated in accordance with the Annual Holidays Act 1944.

 

(iv)       Annual Leave Loading

 

(a)        In respect of a period of annual leave to which an employee is entitled under the Annual Leave Holidays Act 1944 or under this clause, the employee shall be paid a loading equivalent to 20% of the annual leave rate of pay pursuant to paragraph (iii).

 

However, where an employee would have worked on shift work had the employee not been on annual leave, then for the period of leave during which the employee would otherwise have been on shift work, the employee is entitled to be paid the greater of either;

 

(i)         the 20% loading; or

 

(ii)        the shift work allowances pursuant to clause 9, Shift Work Allowances for Shift Workers and (in respect of Sundays only) the weekend penalty rates pursuant to clause 18, Saturday, Sunday and Holiday Rates that would have been payable to the employee in respect of ordinary time during the employee's period of annual leave had the employee not been on annual leave.

 

(b)        The loading prescribed by this sub-clause shall apply to payment in lieu of any annual leave fully accrued on termination of employment, but shall not apply to proportionate leave accrued  on termination in respect of the period during which annual leave last began to accrue.

 

(v)        A shift worker who works on a 12-hour shift system shall, at the end of each year of employment, become entitled to additional annual leave of one week.  Such an employee shall be paid 38 hours for each week of annual leave (ie. 5 days x 7.6 hours = 38 hours).  Such an employee who works on a 12-hour shift system for only part of the year shall be entitled to the additional annual leave of one week on a pro-rata basis.  The Company may required a shift worker who works on a 12-hour shift system to work normal rostered shifts on a public holiday.  A shift worker who works on a 12-hour shift system and who is rostered off on  public holiday shall be entitled to an additional day of annual leave and receive 12 hours pay for that day.

 

24.  Parental Leave

 

The parental leave provisions set out in Division 1 of Part 4 of Chapter 2 of the Industrial Relations Act 1996 shall apply in conjunction with the provision for paid parental leave set out below

 

1.          Eligibility

 

(a)        An employee who has completed at least 12 months continuous service with the employer (on a full-time or part-time basis) is entitled to paid parental leave in accordance with this clause.

 

(b)        A casual employee is entitled to paid parental leave if they have worked for the employer on a regular and systemic basis for more than 12 months and have a reasonable expectation of on-going employment on that basis.

 

2.          Entitlement

 

(a)        An employee is entitled to paid parental leave as follows:

 

(i)         maternity leave - six (6) weeks paid leave immediately after the child’s birth and, for employees with at least 24 months continuous service, an additional six (6) weeks.

 

(ii)        paternity leave - one (1) week paid leave around the time of birth

 

(iii)       adoption leave - six (6) weeks paid leave at the time of placement if the employee is the primary carer and, for employees with at least 24 months continuous service, an additional six (6) weeks.

 

(b)        Any period of paid parental leave arising from this clause will be deducted from the period of unpaid parental leave to which the employee is entitled arising from legislation or industrial award.

 

(c)        The entitlement to parental leave is not extended for multiple births.

 

(d)        Parental leave is paid at the employee’s weekly ordinary time rate of pay for the period of the leave (as per sick leave).

 

(e)        Employees taking maternity or adoption leave may elect to double the period of paid leave arising from paragraph a) above to be paid at 50% of the employee’s weekly ordinary time rate of pay.  Provided that this extended period of paid leave falls within the period of unpaid parental leave to which the employee is entitled arising from legislation or industrial award.

 

3.          Giving notice and applying for leave

 

(a)        To be eligible to claim paid parental leave, employees must comply with the requirements regarding advice to the employer normally associated with the taking of unpaid parental leave.

 

(b)        To claim paid paternity leave the employee must provide such reasonable proof as the employer may require.

 

4.          Impact of paid parental leave on other entitlements

 

(a)        Paid parental leave shall be considered service for the purpose of service related entitlements (unpaid leave is not counted for such purposes).

 

(b)        The receipt of paid parental leave does not otherwise limit the employee’s rights or obligations with respect to unpaid parental leave arising from legislation or industrial award.

 

5.          Impact of legislative paid parental leave on these entitlements

 

Leave is reserved to the Company to review these arrangements should the mooted national scheme of paid parental or maternity leave be introduced.

 

25.  Jury Service

 

When employees are summoned for jury service, the Company will not, except in special circumstances, endorse any application on behalf of an employee for exemption or deferment.

 

Employees on jury service who are not empanelled and dismissed for the rest of the day must report for work.

 

Employees summoned for jury service receive actual salary / wage that they would have received had they worked their normal shift.

 

26.  Automation

 

(i)         Notwithstanding the provisions of Clause 7, Contract of Employment, of this award, where, on account of the introduction or proposed introduction by the Company of mechanisation or technological changes, the Company proposes to terminate the employment of an employee who has been employed by it for the preceding twelve months, it shall give the employee three months notice of the termination of his or her employment; provided that, if the employment of such employee is terminated on that account and the Company fails to give such notice in full,

 

(a)        the Company shall pay the employee at the ordinary rate of pay for the employee's classification, for a period equal to the difference between three months and the period of the notice given; and

 

(b)        the period of notice required by this Clause to be given shall be deemed to be service with the Company for the purpose of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of those Acts; and provided further that the right of the Company to dismiss an employee for the reasons specified in Clause 7, Contract of Employment, of this award, shall not be prejudiced by the fact that the employee has been given notice pursuant to this Clause of the termination of his or her employment.

 

(ii)        Where the Company proposes to introduce mechanisation or technological changes which will result in one or more employees becoming redundant, the Company shall give notification in accordance with this sub-clause at least six months before the introductions of such mechanisation or technological changes, and if it is not practicable for the Company to give such notifications at least six months before such introduction, then the Company shall give the notifications as early as it is practicable for the Company to give them. The notifications to be given in accordance with this sub-clause are notifications in writing to the Industrial Registrar, the Director of the Vocational Guidance Bureau, the Director of Technical and Further Education and the Secretaries of the Unions, of the number of employees who may become redundant on account of the introduction or proposed introduction of mechanisation or technological changes by the Company, and of their occupation and of the approximate date when their employment is likely to terminate on account of such introduction.

 

27.  Payment of Wages

 

(i)         All wages shall be paid weekly.

 

(ii)        Each employee on day work, day shift and night shift shall be entitled to be paid within a quarter of an hour after clocking off. An employee not so paid shall be entitled to his or her ordinary rate of wage until payment has been made.

 

(iii)       Employees on afternoon shift shall be paid before the time of commencing work on the pay day.

 

(iv)       The provisions of subclauses (i), (ii) and (iii) of this Clause shall not have application in circumstances where it is not reasonably practicable for the Company to comply with its obligations thereunder on account of causes for which it cannot reasonably be held responsible. Proof of the existence of such circumstances shall lie upon the Company. In such circumstances the Company shall pay wages as soon as it is reasonably practicable for it to do so.

 

28.  Miscellaneous Provisions

 

(i)         The Company shall provide, and each employee shall wear ear protection and safety glasses when engaged in any work which, in the opinion of the Company, necessitates the use of ear protection or glasses for the purpose of protection.

 

(ii)        The Company shall supply and keep supplied for the use of each person employed in the blower box in the Galvanising Department removing or cleaning up the zinc deposited therein, a mask in good and serviceable condition of the type approved by the appropriate Government authority and the mask shall be worn by each person engaged in the said work.

 

(iii)       The Company shall provide and the employee shall wear palms, gloves, clogs and rubber boots when, in the Company's opinion, the work necessitates their use. Any article so provided shall remain the property of the Company and shall not be taken from the premises of the Company by the employee to whom it is supplied.

 

(iv)       Each crane cabin shall, unless otherwise heated, be equipped with a radiator which the Company shall install and maintain in good order and condition.

 

(v)        Boiling Water -

 

The Company shall provide boiling water for employees at meal times.

 

(vi)       Drinking Water -

 

The Company shall provide for the use of employees in workshops a sufficient supply of wholesome cool drinking water from the bubble taps or other suitable drinking fountains.

 

(vii)      Lockers -

 

The Company shall at some reasonably convenient place on the premises provide a suitable locker for each employee in his or her workshop, or hanging facilities which afford reasonable protection for employee's clothes.

 

(viii)     Showers -

 

The Company shall provide hot and cold shower baths which shall be situated away from lavatories.

 

(ix)       Washing and Sanitary Conveniences -

 

The Company shall provide proper and sufficient washing and sanitary conveniences.

 

(x)        Damage to Clothing, Spectacles, Hearing Aids and Tools -

 

Compensation to the extent of the damage sustained shall be made where, in the course of the work, clothing, spectacles, hearing aids or tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances.  Provided that the Company's liability in respect of tools shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties.  Provided further, that this paragraph shall not apply when an employee is entitled to Worker's Compensation in respect of the damage.

 

(xi)       Case Hardened Prescription Lenses

 

Where the Company requires an employee to have prescription lenses case hardened it shall pay for the cost of such case hardening.

 

29.  Return of Company's Property

 

Should any employee, on leaving the Company's service fail to return any of the Company's property including safety glasses, gloves, other protective clothing and tools, gauges, etc., the Company may deduct from his or her final wages the reasonable value of the article.

 

30.  Procedure for Resolving Claims, Issues and Disputes

 

(i)         Avoidance of Industrial Disputes

 

In order to minimise industrial action the following consultative process will be followed to resolve all grievances and disputes raised by employees or the Company.

 

Step 1 - When issues are raised consultation will take place at departmental level between employee - delegate and company representative.  (If agreement not reached go to Step 2).

 

Step 2 - Issues to be documented by filling out a resolution of claims, issues and disputes form by employee delegate and company representative at departmental level.  (If agreement not reached go to Step 3).

 

Step 3 - Organise a meeting involving senior delegates (where appropriate) and senior company Officers, e.g. Department Manager.  (If agreement not reached go to Step 4).

 

Step 4 - Organise a meeting with union officials (where appropriate) and senior management.  (If agreement not reached go to Step 5).

 

Step 5 - Notify the Industrial Relations Commission of NSW or give date of intention of notification.

 

Where a dispute involves either party seeking to change an existing agreement or practice, the parties shall endeavour to identify and agree on what is the status quo. This state shall then continue to prevail until the dispute is resolved or at least until the parties have exhausted all steps in the above procedure.

 

Without prejudice to either party and except where a bona fide safety issue is involved it is the clear intention that work should continue while the matters are negotiated in good faith.

 

Where an employee encounters a problem that has been unable to be resolved through normal channels and requires further advice relating to any workers compensation matter, that person should contact the relevant senior delegate (e.g. union convenor or sub-branch secretary).

 

31.  No Extra Claims

 

It is a term of this Award, arising from the OneSteel Manufacturing Wage Settlement  2005,(the Settlement) that the Unions undertake for the period to 31 August, 2008, not to raise any further claims, award or overaward (including claims arising from National or State wage cases), and acknowledge that this settlement deals comprehensively with rates of pay, conditions of employment and related matters.

 

There will be agreed scope to arbitrate, if necessary, unresolved issues about classification restructuring or work value claims. Discussions regarding a replacement settlement may commence 3 months prior to expiry of this settlement.

 

The clause does not limit the ability of the parties to perform the process outlined in clause 9.5 of the Settlement.

 

32.  Labour and Business Flexibility

 

(i)         Labour Flexibility

 

(a)        Sub-Contract Labour

 

The Company employees and Unions agree to the use of sub-contract labour under the following conditions:

 

(i)         Where there is a requirement for specialised equipment or specialised services.

 

(ii)        Where the skills do not exist or are not readily available in the Company's existing labour force. (The Company agrees that where skills of the existing labour force can be readily and economically upgraded, steps will be taken to do so).

 

(iii)       Where there is a requirement to meet peak or above normal demands which cannot be reasonably met through or by another method.

 

(iv)      It is agreed that consultation will take place with relevant unions when the use of contractors is being proposed.

 

(v)       Unforeseen incidents can occur through major plant breakdown which may preclude prior consultation. However, every effort will always be made to facilitate consultation. The decision to hire subcontract labour without consultation will be made by a member of the Management Team.

 

(b)        Workforce Peak Loads

 

The Company may need to supplement the core labour force to meet the temporary and real needs of the business.

 

Persons employed under these circumstances will be advised of the temporary nature of the job and will not be covered by Clause 37, Employment Security, of this award unless it is evident that their position has changed to one of a longer nature

 

The Company is prepared to state:

 

(a)        It will consult with Unions and employees in accordance with the agreed consultative process when workforce supplementation is proposed.

 

(b)       Persons employed in this manner will abide by Site conditions.

 

(c)        Where such persons are engaged the numbers involved should not exceed whichever is the greater of:

 

(i)         7% of the total AWU/FIME workforce, 10% of the total tradesmen workforce; or

 

(ii)        the numbers required to increase shift levels in a major production department.

 

(d)       Where numbers required are greater than those specified in (c), the Company agrees to consult with Unions and employees in accordance with the agreed consultative process.

 

(e)        It is prepared to have discussions with Unions and employees in accordance with the agreed consultative process when the circumstances exceed a period of 6 months.

 

(ii)        Business Flexibility

 

It is agreed that purchasing from outside sources may be required in some circumstances with proper and reasonable consultation with Unions and employees in accordance with the agreed consultative process.

 

Those circumstances are:

 

(a)        When the work is outside equipment or skill capacity with the parties satisfied that updated and / or improving equipment and training would be impractical.

 

(b)        When plant resources are already fully utilised.

 

(c)        Where it can be clearly demonstrated that it is uneconomical to do the work here.

 

(d)        Delivery urgency prevents the utilisation of plant resources. (The delivery urgency may also prevent prior consultation).

 

(e)        Where delivery urgency is not an issue, the Supervisor of the Department concerned will consult.

 

33.  Work Environment

 

(i)         Strategic Innovation

 

To achieve long-term viability OneSteel Trading Pty Ltd’s Newcastle Works has to provide superior customer value.

 

This means out performing the competition on PQRS (Price, Quality, Reliability, Service) and being able to efficiently bring new product on-line.

 

The Company, employees and Unions agree to come together in a positive and constructive way to establish appropriate mechanisms to implement, manufacture, install and commission any strategic development at OneSteel Trading’s Newcastle Works.

 

(ii)        Vision

 

Increasing the prosperity of OneSteel Trading’s Newcastle Works will bring benefits to all the stakeholders: shareholders, company and employees.

 

To achieve this, we need to win against the competition, and we need to accept that customers are our only source of employment security

 

(iii)       Communication Policy

 

The Company, employees and Unions at OneSteel Trading’s Newcastle Works recognise the importance of effective communications as a significant contributor towards Best Practice. It is agreed that all parties will work to continuously improve communication throughout the life of this Award.

 

(iv)       Rehabilitation Policy

 

The Company, employees and Unions at OneSteel Trading’s Newcastle Works, recognise and accept their obligation to assist in the rehabilitation of employees injured or made ill during the course of their employment.

 

The Company is committed to ensuring that all the processes of rehabilitation are commenced as early as possible.

 

(v)        Environment Policy

 

The Company, employees and Unions at OneSteel Trading’s Newcastle Works recognise their individual responsibilities to work together in all areas detailed under relevant environmental legislation.

 

We will strive to continuously improve our environmental performance and corporate image.

 

This will be achieved through continued involvement in community forums and effective site structures.

 

(vi)       Occupational Health And Safety Policy

 

The Company, employees and Unions at OneSteel Trading’s Newcastle Works recognise their individual responsibilities to work together in all areas detailed under the Occupational Health and Safety Act 1983 and associated legislation.

 

This will be achieved through a safety committee structure supported by necessary Company resources.

 

(vii)      Roster Days Off

 

Implementation of the 38 hour week will be by the taking of 1 roster day off in each 4 week period or by other agreed methods.

 

To assist planning purposes a suggested set of site roster days off will be determined by the agreed consultative methods during November for the following year. Where these days do not suit a particular department, alternate arrangements will be determined with consultation at departmental level during December for the following year.

 

Scheduled roster days off may be varied through the agreed consultative process to meet market or business requirements. Where the parties are unable to reach agreement through this process such change may be dealt with by reference to Clause 30, Procedure for Resolving Claims, Issues and Disputes, of this Award.

 

Where agreed to by the Company and employees or majority of employees involved, variation may take place on an individual, departmental or team basis.

 

(viii)     Volunteer Services - Emergency Services Personnel (Volunteer Firemen, Coastguard etc.)

 

In each genuine emergency situation, providing where reasonable and practicable proper consultation has taken place, these employees will be released to attend, and where applicable full make up pay will apply to bring the employees' wages to that which would have been received had they performed their normal work.

 

34.  Consultative Process

 

All parties are committed to proper consultation using the following guidelines

 

(i)         Role of Senior Delegates

 

The Company will consult with senior delegates as a first step between management and employees over site issues.

 

(ii)        Role of Delegates

 

The Company will consult with departmental delegates as a first step between management and employees over departmental issues.

 

(iii)       Role of Employees

 

Employees are the ultimate decision making body. Proper decisions will be made by using the agreed steps above.

 

35.  Training

 

The Company, employees and Unions recognise that training is an important contributor to increasing the total productive performance of OneSteel Trading’s Newcastle Works.

 

This requires a culture which sees training as an investment in the future of OneSteel Trading’s Newcastle Works and the employees working within it.

 

Accordingly the Company, employees and Unions are committed to the achievement of a skilled and flexible workforce to meet future challenges facing both employees and the business.

 

This will be pursued through:

 

the establishment of a training committee with agreed representation, scope and guidelines within which to operate

 

developing flexibility’s to maximise the opportunity to train employees during normal working hours using either internal or external training providers, on site or off site NTB accreditation of training programs where possible

 

36.  Employment Security

 

(i)         Real and lasting employment security for all employees can only be achieved through satisfying customer needs better than our competitors.  This requires continuous improvement in our productive performance.

 

However, on the journey to Best Practice the Company is conscious of the need to reassure individuals and teams that as they work to achieve continuous improvement this work will not be detrimental to their own interests.

 

In this spirit, the Company will not compulsorily retrench any employee as a result of Best Practice initiatives.

 

(ii)        Subject to sub-clauses (iii) and (iv) of this Clause it is also the Company's clear intention to not have forced retrenchments during the life of this Award.

 

The Company will, in the first instance, utilise the following options in respect of employees made surplus to the requirements of the business:

 

(a)        Retraining employees for other positions where appropriate

 

(b)        Transfer to different positions

 

(c)        Natural attrition

 

(d)        VRS programs

 

If the above steps do not resolve the situation the Company will enter into discussions with the Unions and delegates to find alternatives. The package applicable in the event of redundancies arising is set out in Appendix 1 of this Award.

 

(iii)       The employees and their Unions are committed to assisting the Company to become a viable, internationally competitive business.  This commitment will be demonstrated through active and positive participation in the On-line process.

 

(iv)       It is also the clear intention of employees and their Unions to not have strikes, bans or limitations over issues covered in this Award.  In the case of a dispute arising the Procedure for Resolving Claims, Issues and Disputes, Clause 30 of this Award, will be followed.

 

37.  Retention of Rate

 

Any employee who is appointed to a position where the classification is lower than their previous position, will retain their classification level prior to the change, until they progress to a higher classification than prior to the change.  This will be in circumstances where there has been changes due to the introduction of technology, changes to work practices or market changes which affect the Company’s operations.

 

38.  Area, Incidence and Duration

 

(i)         This Award rescinds and replaces the OneSteel Trading Pty Ltd Newcastle Award published on 26 March 2004 (Vol 343 I.G. 875) as varied.

 

(ii)        This Award shall apply to all persons employed by the Company at its Newcastle Works in the classifications set out in Table 1 - Rates of Pay of Part B, Monetary Rates, of this award.

 

(iii)       This Award shall apply to the employees covered by the award to the exclusion of all other awards.

 

(iv)       This award shall take effect from the beginning of the first pay period to commence on 1st September 2005 and shall remain in force until 31st August 2008.

 

(v)        Discussions regarding a replacement Settlement may commence 3 months prior to expiry of this settlement.

 

39.  Leading Hands

 

Leading hands shall receive an additional allowance per week as shown below.

 

Column A - to apply from the first full pay period commencing on or after 1st September 2005.

 

Column B - to apply from the first full pay period commencing on or after 1st March, 2006.

 

Column C - to apply from the first full pay period commencing on or after 1st September, 2006.

 

Column D - to apply from the first full pay period commencing on or after 1st September, 2007.

 

	A	B	C	D
	$	$	$	$
If in charge of not less than 3 and not more than10 employees	28.70	29.00	30.20	31.40
If in charge of more than 10 employees but not more than	42.80	43.20	44.90	46.70
20 employees
If in charge of more than 20 employees	54.50	55.00	57.20	59.50

 

40.  Time and Wages Book

 

(i)         The Company shall keep a record from which can be readily ascertained the name of each employee and his occupation, the hours worked each day, and the wages and allowances paid each pay period.

 

(ii)        The time occupied by an employee in filling in any time record or cards or in the making of records shall be treated as time on duty, but this does not apply to checking in or out when entering or leaving the employer's premises.

 

(iii)       The time and wages record shall be open for inspection to a duly accredited union official during the usual office hours at the employer's office or other convenient place.  Provided that an inspection shall not be demanded unless the Secretary of the union or the district secretary or organiser of any division suspects that a breach of this award has been committed.  Provided also that only one demand for such inspection shall be made in one fortnight at the same establishment.

 

(iv)       The official making such inspection shall be entitled to take a copy of entries in a time and wages relating to the suspected breach of this award.

 

41.  Industrial Relations

 

(i)         The parties acknowledge that structured, collective industrial relations will continue as a fundamental principle of the business.  That principle recognises the important role that employees membership of a Union has in maintaining a stable, safe and efficient working environment.  An open, structured and accountable approach to Industrial Relations has traditionally been implemented by employees being members of the Union’s party to the award.  The parties agree to promote this approach to Union membership into the future.

 

(ii)        All prospective and current employees will be strongly encouraged to join and maintain financial membership to an appropriate Union party to this award.  As an introduction to the workplace, a Union representative shall form part of the official induction program and adequate time shall be allowed to ensure Union membership can be discussed.

 

(iii)       All employees will be encouraged to participate in Union meetings and exercise their voting rights.

 

(iv)       Union officials have right of entry consistent with appropriate NSW legislation.

 

(v)        The Company shall give recognition to an employee who is the union delegate representing the employees in a shop or department where he or she is employed and he or she shall be allowed the necessary time during working hours to interview the Company or its representative in case of a dispute affecting employees in his or her shop or department, provided that the Company shall not be bound to give recognition as delegate to an employee in respect of whom a written notification has been received from the union concerned that the union does not recognise such employee as a delegate.

 

The Company shall, upon request, provide each recognised delegate with a suitable locker for the purpose of storing relevant union material at the workplace.

 

(vi)       The Company will provide paid leave for delegates to attend training courses as agreed by the parties under the following circumstances:-

 

(a)        Recognised delegates may be granted up to three (3) days per annum trade union training leaving without loss of ordinary pay (excluding overtime).  Such leave may accrue to a maximum of five (5) days.  Reasonable requests for additional days may be authorised by the Company subject to meeting operational needs.

 

(b)        The taking of such leave will be for the purposes of attending formal trade union training courses. 

 

(c)        The unions will provide to the employer reasonable notice in writing of the need for such training.

 

(d)        As far as practicable, such leave should be organised so as to minimise the need for the employer to replace the delegate by the working of overtime and to allow the delegate to be released within ordinary time.  It is recognised that the employer and delegates may need to demonstrate flexibility in the rostering of shifts to allow this to occur.

 

(e)        Where issues arise as to the application of this clause, discussions will be held, consistent with local consultative arrangements and the dispute settlement procedure under this Award, with a view to resolving the issue prior to the commencement of the training.

 

(vii)      The company will provide payroll deduction facilities for Union dues payable to Industrial Organisations party to this award.

 

42.  Personal/Carer’s Leave

 

(i)         Use of sick leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) who needs their care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 21, Sick Pay, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for in part of a single day.

 

(b)        The employee shall provide a medical certificate stating the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care and support of the person concerned; and

 

(ii)        the person concerned being:

 

(1)        a spouse of the employee; or

 

(2)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(3)        a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(4)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(5)        a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

a.          "relative" means a person related by blood, marriage or affinity;

 

b.         "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

c.          "household" means a family group living in the same domestic dwelling.

 

(6)        An employee shall, wherever practicable, give the Company notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the Company by telephone of such absence at the first opportunity on the day of absence.

 

(ii)        Unpaid leave for family purpose

 

(a)        An employee may elect, with the consent of the Company, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (I) above who is ill.

 

(iii)       Annual leave

 

(a)        To give effect to this clause, but subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the Company, to take annual leave not exceeding five days in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and the Company may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(iv)       Time Off in Lieu of Payment for Overtime

 

(a)        An employee may elect, with the consent of the Company, to take time off in lieu of payment for overtime at a time or times agreed with the Company within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(v)        Make-up time

 

(a)        An employee may elect, with the consent of the Company, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the Company, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(vi)       Bereavement Leave

 

(a)        An employee, other than a casual employee, shall be entitled to up to 3 days bereavement leave without deduction of pay on each occasion of the death of a close relative.  However, where interstate travel is involved, a period of up to one week may be considered reasonable.

 

(b)        The employee must notify the Company as soon as practicable of the intention to take bereavement leave and will, if required by the Company, provide to the satisfaction of the Company proof of death.

 

(c)        Bereavement leave may be taken in conjunction with other leave available under subclauses (), (ii), (iii), (iv), (v), (vi) of this clause.  In determining such a request, the Company will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

(vii)      Grievance process

 

(a)        In the event of any dispute arising in connection with any part of this clause, such dispute shall be processed in accordance with Clause 31, Procedure for Resolving Claims, Issues and Disputes of this award.

 

43.  Flexible Remuneration

 

(i)         In this clause, "Plan" means the terms under which flexible remuneration benefits may be offered by the company at its absolute discretion from time to time to employees by way of a sacrifice of wages payable under this award.  Without limitation, the benefits may include, for example, superannuation contributions and employee share plans.

 

(ii)        Despite the provisions of this award an employee may elect:

 

(a)        to receive the benefits of any Plan offered by the company; and

 

(b)        to reduce wages otherwise due under this award by the amount required under the plan for the benefits received by the employee under the Plan.

 

(iii)       Any election by an employee under sub-clause (ii) must be in the form prescribed by the Company from time to time.

 

(iv)       Where an employee has made an election under sub-clause (ii), the wages payable under this award will be reduced by such amount as prescribed from time to time under the relevant Plan.

 

(v)        The reduced wages and the contributions under the Plan will apply for periods of annual leave, long service leave and other periods of paid leave.

 

(vi)       The company or an employee may only terminate or vary an election under sub-clause (ii) in accordance with the terms applicable to the relevant Plan.

 

(vii)      Other than as already provided for under any Plan, the company at its discretion may terminate the provision of benefits under a Plan or amend the terms applicable to a Plan.  The company will give one month’s notice of such a termination or amendment.

 

(viii)     The Company shall not use any superannuation contribution made in accordance with an employee’s election to meet its minimum employer obligation under the Superannuation Guarantee (Administration) Act 1992 or any legislation which succeeds or replaces it.

 

(ix)       The provisions of this clause have been agreed to by the parties with the intent of facilitation flexible remuneration benefits for employees covered by this award. To remove any doubt, this clause is not intended to:

 

(a)        provide substantive industrial regulation of any benefit included in a Plan; and

 

(b)        be used as a precedent in relation to any claim for the industrial regulation of any benefit include din a Plan, including, for example superannuation contributions and employee share plans."

 

44.  Apprentices

 

(i)         General

 

The Company and any apprentices employed by it shall comply with the provisions of the Apprenticeship and Traineeship Act 2001 and regulations and orders made under that Act.

 

(a)        Every apprenticeship contract shall contain:

 

(i)         the names of the parties;

 

(ii)        the date of birth of the apprentice;

 

(iii)       a statement of the trade or trades to which the apprentice is to be bound and which he or she is to be taught during the course and for the purpose of the apprenticeship;

 

(iv)      the date on which the apprenticeship is to commence or from which it is to be calculated;

 

(v)       covenants by the employer and the apprentice in accordance with Part 2 of the Apprenticeship and Traineeship Act 2001;

 

(vi)      all other conditions of apprenticeship.

 

(b)        Cancellation, Suspension or Termination of Apprenticeship

 

An apprenticeship may be cancelled or suspended by consent of the parties in accordance with Part 2 of the Apprenticeship and Traineeship Act 2001.

 

The provisions of this award dealing with termination of employment and redundancy shall not apply to apprentices, except for apprentices engaged from existing employees.

 

The apprenticeship entered into between the Company and apprentice shall set out a term or terms dealing with termination of the apprenticeship.

 

(c)        Proportion

 

(i)         An employer shall not employ apprentices in excess of the proportion of one apprentice for every two or fraction of two tradesmen in the trade concerned.

 

(ii)        The number of tradesmen shall be deemed to be the average number working during the immediately preceding six months.  Any person who is engaged by the Company in a traineeship under the Apprenticeship and Traineeship Act 2001 shall not be regarded when calculating the proportion of apprentices to tradesmen.

 

(iii)       An apprentice who is in his or her fourth year of apprenticeship shall not be taken into consideration in calculating the proportion of apprentices to tradesmen as prescribed by this sub-clause.

 

(d)        Probationary Period

 

A person may be employed as a probationary apprentice provided that the period of probation does not exceed three months.

 

(e)        The minimum weekly rate of wage for apprentices shall be the following percentages of the (position Level 5):

 

Four Year Term Apprenticeship - Percentage of Base Rate

 

First Year	42%	Third Year	75%
Second Year	55%	Fourth Year	88%

 

(ii)

 

(a)        Overtime and Shiftwork

 

(i)         Except in the circumstances of an emergency as set out in subclause (II), no apprentice under the age of eighteen (18) years shall be required to work overtime or shiftwork without his or her consent.

 

(ii)        Except in the case of an emergency, no apprentice shall work or be required to work overtime or shiftwork at times which would prevent attendance on the apprentice's course of studies or training.

 

(b)        Fees

 

The Company will pay all fees due to the relevant educational institution on behalf of the apprentice.  This sub-clause shall only apply for the normal duration of the apprenticeship i.e. fees will not be paid by the Company for repeat studies.

 

(c)        Text Books

 

Apprentices satisfactorily completing each stage of study or training and presenting documentation of that satisfactory completion to the employer shall be reimbursed by the employer for all text books paid for by the apprentice.

 

(d)        Hours

 

The ordinary hours of employment of apprentices shall not exceed those of the tradesperson in the same workshop.

 

(e)        Adult Apprentices

 

(i)         For the purposed of this Award, an adult apprentice means a person of twenty-one years of age or more at the time of entering into an apprenticeship.

 

(ii)        The provisions of this clause apply to adult apprentices unless specifically provided otherwise.

 

(iii)       Where an adult enters into an apprenticeship for the Company, and that apprentice previously worked for the Company immediately prior to entering into the apprenticeship, the Company shall ensure that the apprentice does not suffer a reduction in the rate of pay by virtue of entering into the apprenticeship.(iv)For the purpose only of fixing a rate of pay for that adult apprentice, the adult apprentice shall continue to receive the rate of pay that is from time to time applicable to the classification or class of work in which the adult apprentice was engaged immediately prior to entering into the apprenticeship.

 

45.  Wage Support for Extended Periods of  Illness Or Injury

 

1.          Purpose

 

These arrangements are designed to provide employees of OneSteel with added financial security in the event of their being off work for an extended period due to non-works illness or injury.

 

2.          Underpinning principles

 

(a)        Employees may reasonably expect continued financial support in the event of extended illness or injury

 

(b)        Employees are expected to provide for their own security by accessing reasonable levels of existing leave entitlements

 

(c)        The extension of financial support places obligations on the employee to cooperate with the reasonable requests of their employer

 

(d)        Fair & equal treatment of all employees

 

(e)        These arrangements are not intended to support "casual" absences or benefit employees with chronic poor attendance

 

3.          Extended wage support - non-works injury or illness

 

(a)        Subject to the provisions of this clause, employees will receive financial support at the ordinary time rate of pay for the period of their incapacity, up to a maximum of twelve (12) months, in the event of their being unable to attend work continuously for greater than one (1) month due to personal illness or injury. Provided further that where an employee is a shiftworker and would have remained on shift but for their inability to attend work, such financial support will include additional payment of the ordinary shift and weekend penalties applicable to the employee’s roster.

 

(b)        Employees will be required to exhaust all available sick leave accruals before accessing the support available under this clause. 

 

Additionally, employees will be required to utilise:

 

any annual leave (including pro-rata accruals) in excess of 4 weeks; and,

 

any long service leave (including pro-rata accruals) in excess of 13 weeks

 

for a combined period of not more than 6 weeks before accessing the support available under this clause.

 

(c)        The period of extended wage support referred in a) above is in addition to existing sick leave entitlements and such annual leave or long service leave as may be taken under paragraph b) above.

 

(d)        Where the employee is entitled to benefits arising from personal injury insurance (eg motor vehicle CTP insurance, sporting injury insurance, etc), other than workers compensation, the wage support otherwise extended under this clause will be reduced by the amount of insurance benefit paid.  Where such monies are paid by an insurer substantially after the absence, the employee is required to repay such monies to the employer.  The employer may require the employee to authorise the employer to claim such monies direct from the insurer prior to receiving extended wage support.

 

(e)        Should circumstances arise where the employer believes that the conduct of the employee is such that the continued extension of wage support would be at odds with the principles outlined in 2. above, the employer may initiate a formal review in which the employee, and their union should they wish, are given the opportunity to respond to any allegations prior to the employer making a decision as to continuance or cessation of wage support.  Any disputes that arise from the exercise of this facility will be progressed in accordance with the dispute settlement procedure.

 

(f)         Consideration may be given to further wage support beyond the 12 months referred to under paragraph a) above in circumstances where the agreed rehabilitation plan for the employee and medical opinion indicate that an immanent return to normal duties by the employee.

 

4.          Obligations of employees

 

(a)        Employees are required to provide all reasonable evidence requested by the employer as to the nature of their illness or injury including making themselves available for examination by medical practitioners/specialists nominated by the employer

 

(b)        Employees are required to actively participate in any reasonable rehabilitation or return to work plan required by the employer

 

5.          Exclusions - The above arrangements will not extend to the following:

 

(a)        Employees engaged on a casual or fixed term basis

 

(b)        Employees with less than 3 months continuous service

 

(c)        Absences covered by workers compensation or arising from works related injury or illness

 

(d)        Casual absences or absences of short duration

 

(e)        Injury or illness arising from the unlawful actions of the employee

 

(f)         Absences which would otherwise be covered by carers leave

 

(g)        Multiple periods of extended absences beyond those totalling 12 months in any 3 year period.

 

(h)        Employees enjoying similar support under discretionary sick leave arrangements

 

(i)         Absences resulting from alcohol, drug or substance abuse

 

(j)         Absences resulting from high risk sporting or recreational activities generally precluded from personal accident insurance arrangements (such as competitive motor sport, sky diving, etc).

 

6.          Other matters

 

(a)        Any disputes arising from the operation of this clause will be progressed in accordance with the dispute settlement procedures under the respective award/agreement.

 

(b)        Nothing within these arrangements is to be taken to preclude termination of employment where the prognosis for the employee is that they will be unable to return to their normal employment, subject to the employee being afforded reasonable extended wage support so to allow them to resolve questions as to their financial security post-termination.

 

46.  Supplementary Labour - Rates of Pay

 

Where supplementary labour is engaged payment will be based on the appropriate classification rate of pay otherwise payable to an employee under this Award. In this clause, "supplementary labour" is labour sourced through labour hire firms to fill temporary vacancies or to top up the existing full time labour force (e.g. to cover seasonal or peak work loads) but excludes labour engaged under service contracts and other contractual arrangements (eg. maintenance contracts, capital contracts, etc).

 

So as to remove doubt, this clause is binding only on the Company, unions and employees party to this Award and does not extend this Award to other employers or their employees engaged as supplementary labour.

 

47.  Transition Arrangements for Retiring Shift Workers

 

The parties agree to providing support in terms of shift, financial and lifestyle planning for those employees who nominate their retirement in advance.  These arrangements will be managed on an individual basis.  The aim of this clause is to provide a smooth transfer from work into retirement for long serving employees (typically having served on shift work greater than 10 years).  Such transitions would not normally exceed a period of 12 months and will be subject the capacity of the business to reasonably accommodate the needs of the employee.  For example, shift workers who nominate their retirement date in advance the following could apply:

 

staged moderation of duties;

 

lifestyle planning / training; and/or,

 

movement to day shift at the employee's request.

 

48.  Superannuation - Choice of Fund

 

Employee and employer superannuation contributions will be paid into either the OneSteel Superannuation Fund (OSSF) or the Superannuation Trust of Australia (STA) at the direction of the employee. In the absence of an election from the employee the contributions will be directed to the default fund.

 

For the purposes of this clause the default fund will be:

 

for existing employees at 1 July 2005 the OSSF, and

 

for employees commencing employment with OneSteel after 1 July 2005 the STA.

 

49.  Commitment to Ongoing Business Improvement

 

It is acknowledged and agreed that the wages and conditions enjoyed by OneSteel employees, including the gains flowing through this Award, are only afforded by ongoing competitiveness in all areas of OneSteel’s operations. 

 

Employers, employees and unions party to this Settlement commit to co-operatively and expeditiously pursuing workplace change necessary for ensuring OneSteel meets its promise to customers and improving asset and labour productivity during the life of this settlement.  Such change will occur consistent with the principles of fair treatment, consultation and competitive manufacturing.

 

It is agreed that these types of changes and flexibilities underpin the wage increases provided for in the Settlement.

 

PART B

 

MONETARY RATES

 

Adult Basic Wage:  $121.40 per week

 

Table 1 - Rates of Pay

 

Column A - a 4% increase to apply from the first full pay period commencing on or after 1st September 2005.

 

Column B - a 1% increase to apply from the first full pay period commencing on or after 1st March, 2006.

 

Column C - a 4% increase to apply from the first full pay period commencing on or after 1st September, 2006.

 

Column D - a 4% increase to apply from the first full pay period commencing on or after 1st September, 2007.

 

Percentage of Level 5	Level	A	B	C	D
		$	$	$	$
160%	Level 14	1,552.00	1,567.50	1,630.20	1,695.50
150%	Level 13	1,455.00	1,469.60	1,528.40	1,589.60
145%	Level 12	1,406.50	1,420.60	1,477.40	1,536.60
135%	Level 11	1,309.50	1,322.60	1,375.50	1,430.60
130%	Level 10	1,261.00	1,273.60	1,324.60	1,377.60
125%	Level 9	1,212.50	1,224.60	1,273.60	1,324.60
115%	Level 8	1,115.50	1,126.70	1,171.70	1,218.70
110%	Level 7	1,067.00	1,077.70	1,120.80	1,165.70
105%	Level 6	1,018.50	1,028.70	1,069.80	1,112.70
100%	Level 5	970.00	979.70	1,018.90	1,059.70
96%	Level 4	931.20	940.50	978.10	1017.30
93%	Level 3	902.10	911.10	947.60	985.50
89%	Level 2	863.30	871.90	906.80	943.10
86%	Level 1	834.20	842.50	876.30	911.30
82%	Induction	795.40	803.40	835.50	869.00
	Interim

 

Table 2 - Other Rates and Allowances

 

Clause	Brief Description	First full pay	First full pay	First full pay
		period	period	period
		1/9/ 2005	1/9/2006	1/9/2007
No		$	$	$
14 (iii)	Confined Spaces	0.58	0.60	0.62
14 (iv)	Dirty Work	0.43	0.44	0.45
14 (v)	Height Money	0.32	0.33	0.34
14 (vii)	Hot Places	0.43	0.44	0.45
14 (vii)	Hot Places	0.58	0.60	0.62
14 (vii)	Slag Wool	0.57	0.59	0.61
14 (viii)	Wet Places	0.43	0.44	0.45
14 (ix)	Explosive Powered Tools	1.15	1.18	1.22
14 (x) (a)	Chokage	5.43	5.59	5.76
14 (x) (b)	Spray painting	0.49	0.50	0.52
14 (x) (c)	Compute quantities	0.49	0.50	0.52
14 (x) (d) (i)	Plumber's licence	0.73	0.75	0.77
14 (x) (d) (ii)	Gasfitter's licence	0.73	0.75	0.77
14 (x) (d) (iii)	Drainer's licence	0.63	0.65	0.67
14 (x) (d) (iv)	Plumber's and Gasfitter's licence	0.98	1.01	1.04
14 (x) (d) (v)	Plumber's and Drainer's licence	0.98	1.01	1.04
14 (x) (d) (vi)	Gasfitter's and Drainer's licence	0.98	1.01	1.04
14 (x) (d) (vii)	Plumber's, Gasfitter's and Drainer's	1.36	1.40	1.44
	licence
14 (x) (f)	Handling charcoal etc.	0.61	0.63	0.65
14 (x) (g)	Clothing allowance	1.39	1.43	1.47
14 (x) (h)	Gas or water space	1.14	1.17	1.21
14 (x) (i) (i)	Epoxy based materials	0.61	0.63	0.65
14 (x) (i) (ii)	Epoxy based materials - additional	0.39	0.40	0.41
14 (x) (i) (iv)	Epoxy based materials - working in	0.49	0.50	0.52
	close proximity
14 (x) (j)	Plumbers, Gasfitters and Drainers \	0.54	0.56	0.58
	cert of registration
14 (x) (k)	Rigger licence class 1 or 2	8.22	8.47	8.72
14 (x) (k)	Rigger licence class 4	4.60	4.74	4.88
14 (x) (l) (iii)	Toxic substances	0.57	0.59	0.61
14 (x) (l) (iii)	Toxic Substances - working in close	0.47	0.48	0.49
	proximity
14 (xiii)	Electrical Tradesperson Licence	0.78	0.80	0.82
15 (v) (a) (ii)	Meal Allowance	9.70	cpi	cpi
15 (vii) (b) (ii)	Meal Allowance	9.70	cpi	cpi

 

APPENDIX 1

 

REDUNDANCY

 

1.          Purpose

 

These arrangements are designed to provide employees with fair and reasonable benefits in the event of redundancy.

 

2.          Definitions

 

In this clause:

 

"weeks pay" means the employees weekly ordinary time rate of pay including award rate, over award rate and all-purpose allowances but excluding shift allowances, weekend penalties and overtime.

 

"continuous service" means unbroken service under a contract of employment of indefinite duration and excludes periods of unpaid leave of absence including unpaid parental leave.

 

"redundancy" means the employer has made a decision that the employer  no longer wishes the job an employee has been doing done by anyone, and this is not due to the ordinary and customary turnover of labour; and that decision results in the termination of employment.

 

"employee" means an employee engaged under a contract of employment of  indefinite duration and excludes casuals, fixed term employees and employees engaged under a training contract (such as  apprentices and trainees).

 

3.          Notice

 

In the event of forced redundancy, the employee will be provided a minimum of 4 weeks notice of termination (or 5 weeks if the employee is 45 years or older with 2 or more years continuous service) or payment in lieu of notice.

 

In the event of voluntary redundancy, the period of notice shall be on an agreed basis, but not exceeding 3 months, and there shall be no payment in lieu of notice.

 

4.          Redundancy Benefit

 

Subject to the terms of this clause, employees terminating by reason of redundancy will be paid a redundancy benefit on termination of 4 weeks pay per year of continuous service (pro-rata for part years) provided that:

 

the minimum benefit is 8 weeks

 

the maximum benefit is 104 weeks

 

The above minimum and maximum redundancy benefits do not include any notice due or paid under 3 above.

 

These redundancy arrangements will come into effect from the 14th December 2001, subject to the following conditions:

 

(a)        Employees who as of 1 October 2001 had attained 36 years or more continuous service who leave the Company by cause of redundancy shall, in addition to the redundancy benefit above, be paid an ex gratia redundancy benefit of 2.5 weeks at the employee’s weekly ordinary time rate of pay for each year of service in excess of 36 years (pro-rata for part years).

 

(c)        Permanent employees who as at 1 October 2001 had at least 6 months but less than 9.3 years continuous service who leave the Company by cause of redundancy shall be paid a redundancy benefit of 14 weeks pay plus 2.5 weeks pay per year of service. This benefit will be lieu of the redundancy benefit above.

 

(d)        Where a decision is made to effect redundancies, discussions will be held between the Company and respective unions as to the selection of an appropriate outplacement provider to assist terminating employees.  Such assistance may include resume writing, interview skills, job search and financial counselling.  Should agreement not be reached, the Company’s nominated provider/s will be utilised.

 

5.          General exclusions

 

(a)        Nothing in this clause shall be read as:

 

requiring the employer to extend a redundancy benefit to an employee where the employer offers the employee acceptable alternative employment (including alternative employment with rate retention arrangements as elsewhere provided for under this award/agreement) giving rise to an entitlement to a voluntary redundancy benefit in the absence of a formal offer by the employer

 

(b)        Redundancy benefit will not be paid in event of:

 

termination due to succession, assignment or transmission of business where the new employer offers the employee acceptable alternative employment with continuity of service; or,

 

where the employer otherwise obtains an offer of acceptable alternative employment for an employee.

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.