ONESTEEL MANUFACTURING PTY LTD NEWCASTLE
ROD AND BAR AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by OneSteel
Manufacturing Pty Ltd.
(No. IRC 4232 of 2005)
Before The Honourable
Mr Deputy President Harrison
|
17 August 2005
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Basic
Wage
2. Rates of
Pay
3. Tool
Allowance
4. Leading
Hands
5. Special
Rates
6. Disability
Rates
7. Hours of
duty
8 Shift
Work Allowances for Shift Workers
9. Saturday
Rates 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. Overtime
13A. Payment for
Training
14 Requirements
to Work in Accordance with the Needs of the Industry
15. Holidays
16. Sunday and
Holiday Rates
17. Shift
Workers Whose Ordinary Working Period Includes Sundays and Holidays as Ordinary
Working Time
18. Maximum
Payment
19. Employees
Presenting Themselves for Work and Not required
20. Junior
Labour - Unapprenticed
21. Sick Pay
21A. State
Personal/Carer’s Leave Case - August 1996
22. Annual
Leave
23. Days Added
to Period of Annual Leave
24. Long
Service Leave
25. Jury
Service
26. Compassionate
Leave
27. Contract
of Employment
28. Automation
29. Redundancy
30 Retention
of Rate
31. Definitions
32. Time and
Payment of Wages
33. Union
Delegates
34. Payroll
Deduction of Union Dues
35. Procedures
for Resolving Claims, Issues and Disputes
36. Apprentices
37. Enterprise
Arrangements and Award Changes
38. Performance
Payment Scheme
39. Supplementary
Labour Rates of Pay
40. Transition
Arrangements for Retiring Shiftworkers
41. Flexible
Remuneration
42. Parental
Leave
43. Wage
Support For Extended Periods of Illness
or Injury
44. Superannuation
- Choice of Fund
44. No Extra
Claims
45. Commitment
to Ongoing Business Improvement
46. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Table 2 - Other Rates
and Allowances
Appendix 1 - Payment for Training
Appendix 2 - Performance Payment Scheme
Part A
1. Basic Wage
This award, in so far as it fixes rates of wages, is made by
reference and in relation to the adult basic wage as set out in Part B,
Monetary Rates
2. Rates of Pay
(a) Adult
employees: The minimum award rate of
pay of any classification is subject to the other provisions of this award as
set out in Table 1 - Wages, of Part B, Monetary Rates:
(b) Junior
Employees - Unapprenticed - The minimum rate of pay shall, subject to the other
provisions of this award be the following percentages of the 38-hour weekly
wage for the classification "Labourer" appearing under the heading
Table 1 - Wages, of the said Part B calculated to the nearest 10 cents any
broken part of 10 cents, not exceeding 5 cents being disregarded.
Junior Employees - Unapprenticed Age
|
%
|
Under 17 years of age
|
45
|
At 17 and under 18 years of age
|
65
|
At 18 years and over
|
100
|
(c) In addition to
the minimum rates prescribed by this clause employees receive payments pursuant
to the applicable bonus scheme.
3. Tool Allowance
(a) Tradespersons
referred to below, shall be paid as set out in Item 1 of the said Table 2 for supplying and maintaining tools
ordinarily required in their performance of their work as tradespersons.
This allowance shall be paid for all purposes of this
award.
(b) Tool allowance
shall apply to apprentices as set out in Item 2 of Table 2
This allowance shall be paid for all purposes of this
award.
(c) Where it is
the practice as at 5th November, 1979, for the Company to provide all tools
ordinarily required by mechanical tradespersons in the performance of their
work, the Company may continue that practice and in that event the allowance prescribed in paragraph
(a) hereof shall not apply to such tradespersons.
(d) Where it was
the practice as at 14 December 1979 for the Company to provide all tools
ordinary required by an apprentice in the performance of their work the Company
may continue that practice and in that event the allowance prescribed in
paragraph (b) hereof shall not apply to such apprentices.
(e) Notwithstanding
paragraphs (a) and (b) hereof, an employer shall provide for the use of
tradespersons all necessary power tools, special purpose tools, precision
measuring instruments and for sheet metal workers, snips used in the cutting of
stainless steel, monel metal and similar hard metals.
(f) Tradespersons
and apprentices shall replace or pay for any tools supplied by their employer
that are lost through their negligence.
(g) The Company
shall make available for the use of tradespersons listed below such tools which
they may be required to use to enable them to perform the work other than those
contained in the list of tools which each tradesperson is required to provide
for as set out in Industrial Commission Matters Nos. 205 and 319 of 1951 and
323 and 373 of 1952 and hereunder marked with the exhibit number set opposite
each tradesperson classification:
Electrical Tradespersons
|
Exhibit Nos. 43&44
|
4. Leading Hands
Except where otherwise specifically provided for, employees
appointed by the Company as leading hands shall be paid additional amounts as
set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
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.
5. Special Rates
In addition to the rates of pay prescribed in clause 2,
Rates of Pay, the following special rates will apply:
(i) Mechanical
and electrical tradespersons and maintenance non trades employees:
(a) Pressure welding
certificates - Tradespersons required
to obtain and use Department of Industrial Relations Pressure Welding certificates shall be paid as set out in Item 4
of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(b) Electrical
Trades Licences - An additional amount shall be paid per 38 hour week to an
employee employed and working as an electrical tradesperson possessing the New
South Wales Electrical Mechanics Licence issued by the appropriate Authority,
as set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.:
(c) Scaffolder's
Licence- An employee who holds a Certificate of Competency under the Construction
Safety Act, 1912, and who is required to obtain and use a Certificate of
Competency as a Scaffolder under the Act shall, upon obtaining and using such
certificate be paid as set out in Item 6 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
These allowances are not cumulative.
6. Disability Rates
In addition to the rates prescribed in clause 2, the
following disability rates will apply:
(i) General:
(a) Hot Places -
Electrical and mechanical tradespersons and maintenance non trades employees
working for more than one hour on the shade in places where the temperature is
raised by artificial means to between 46 degrees Celsius and 54 degrees Celsius
& in places where the temperature exceeds 54 degrees Celsius shall be paid
as set out in Item 7 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates. Where work continues for more than two hours in a temperature
exceeding 54 degrees Celsius employees shall be entitled also to twenty minutes
rest after every two hours’ work without deduction of pay. The temperature
shall be decided by the supervisor of the work after consultation with the
employees who claim the extra rate.
(b) Hot Work (For
employees other than Crane Drivers and Front End Loader Drivers).- shall
receive an allowance as set out in Item 8 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(1) Mill Furnaces
- employees employed in connection with demolition of Mill Furnaces.
Hot work is done in places where the temperature raised
by artificial means is above 49 degrees Celsius.
(c) Wet Places -
Employees required to work in wet places where the depth of the water is such
that the top of the hip boots supplied by the Company do not afford protection shall be paid an
additional allowance as set out in Item 9 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(d) Wet Work - Mechanical
tradespersons and maintenance non trade employees working in any place where
their clothing or boots become saturated, whether by water, oil or otherwise
shall receive an allowance as set out in Item 10 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates provided that this rate shall not be
payable to an employee who is provided by the Company with protective clothing
and/or footwear. Provided further, that any employee who becomes entitled to
this extra rate shall be paid such extra rate for such part of the day or shift
as they are required to work in wet clothing or boots.
(e) Dirty Work -
Mechanical and electrical tradespersons and maintenance non trade employees
engaged in work other than ship repair work which a supervisor and employee
shall agree is of an unusually dirty or offensive nature shall receive an
allowance as set out in Item 11 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates. In case of disagreement between the supervisor and
employee or shop steward on the employee's behalf shall be entitled, within
twenty-four hours to ask for a decision on the employee’s claim by the
Company’s industrial officers. In such case a decision shall be given with
forty-eight hours of its being asked for (unless that time expires on a
non-working day, in which case it shall be given during the next ordinary
working day) or else the said allowance shall be paid. Any dispute arising
under this subclause as to whether the work is of an unusually dirty or
offensive nature shall be determined pursuant to the Industrial Relations
Act, 1996.
(f) Confined
Spaces - Mechanical and electrical tradespersons and maintenance non trade
employees working in confined spaces (as defined) shall receive an allowance as
set out in Item 12 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
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 cramped position or without proper
ventilation and subject thereto shall include such space:
in other cases - inside boilers, steam drums, mud
drums, furnaces, flues, combustion chambers, receivers, buoys, tanks,
superheaters or economisers.
(g) Height Money -
Mechanical tradespersons and maintenance non trade employees other than riggers
and splicers engaged in the construction, erection, repair and/or maintenance
of ships, steel frame buildings, bridges, gasometers or other structures at a
height of 15 metres or more directly above the nearest horizontal plain shall
receive an allowance as set out in Item 13 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(h) Oil Tanks -
Mechanical tradespersons and maintenance non trade employees working on repairs
in oil tanks shall receive an allowance as set out in Item 14 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates. provided that if an
employee is so engaged for more than half of one day or shift they shall be
paid the prescribed allowance for the whole day or shift.
(i) Explosive
Power Tools - Employees required to use explosive powered tools shall receive
an allowance as set out in Item 15 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates.
(j) Slag Wool -
Mechanical tradespersons and maintenance non-trades persons 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 employed on ship
repairing or on construction, repair or demolition of furnaces, walls, floors,
and/or ceilings, shall receive an allowance as set out in Item 16 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
(k) Demolition -
Employees engaged inside stacks on the demolition of brickwork shall receive an
allowance as set out in Item 17 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(l) An employee
when painting internal surfaces of salt water pipe line shall receive an
allowance as set out in Item 18 Disability Rates of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(m) Smoke Boxes,
etc. - Mechanical tradespersons or maintenance non trades employees working on
repairs to the smoke box uptake, funnel, flue, furnace or combustion chamber of
marine type boilers, or on repairs to smoke boxes, fire boxes, furnaces or
flues of other types of boilers shall receive an allowance as set out in Item
19 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(ii) Electrical
tradespersons:
(a) High Places -
(1) Electrical
tradespersons engaged in the construction, erection, repair and/or maintenance
of steel frame buildings, bridges, gasometers or other structures at a height
of 15 metres or more directly above a substantial level surface shall receive
an allowance as set out in Item 20 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates.
(2) Electrical
tradespersons working on a building or structure in a bosun’s chair or swinging
scaffold at a height of 15 metres or more directly above a substantial level
surface shall receive an allowance as set out in Item 21 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates.
(b) Toxic
Substances -
(1) Electrical
tradespersons 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.
(2) Electrical
tradespersons using such materials will be provide with and shall use all
safeguards as are required by the appropriate Government Authority.
(3) Electrical
Tradespersons using toxic substances or materials of a like nature, where such
substances or materials are used in quantities of 0.5 kg or over, shall receive
an allowance as set out in Item 22 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates.
Electrical tradespersons working in close proximity to
employees so engaged so as to be affected by the use of such substances or
materials shall receive an allowance as set out in Item 22 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates.
(4) For the
purpose of this subclause toxic substances shall include epoxy based materials
or 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.
(iii) Maintenance
non trades employees:
(a) Spray Painting
- An employee engaged on all spray painting carried out in other than a
properly constructed booth, approved by the Department of Industrial Relations,
shall receive an allowance as set out in Item 23 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(b) Obnoxious
Substances:
(1) An employee
engaged in either the preparation and/or the application of epoxy based
materials or materials of a like nature shall receive an allowance as set out
in Item 24 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates..
(2) In addition,
an employee applying such material in buildings which are normally air conditioned
shall receive an allowance as set out in Item 25 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates. for any time worked when the air
conditioning plant is not operating.
(3) When 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.
(4) Employees
working in close proximity to employees so engaged shall receive an allowance
as set out in Item 26 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates.
(5) For the
purpose of this clause all materials which include or required the addition of
a catalyst hardener and reactive additives or two pack catalyst system shall be
deemed to be materials of a like nature.
(iv) Rates not
Subject to Penalty Additions
The disability rates herein prescribed shall be paid
irrespective of the times at which work is performed and shall not be subject
to any premium or penalty additions.
(v) Disability
Rates Not Cumulative
Where more than one of the disabilities entitling an
employee to extra rates exist on the same job, the employer shall be bound to
pay only one rate, namely, the highest for the disabilities so prevailing:
Provided that this subclause shall not apply to confined spaces, dirty work,
height money, hot places or wet places, the rates for which are cumulative.
7. Hours of Duty
(i) Full-time
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 during
any consecutive twenty-four hours; 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 exceed 28 consecutive days.
(ii) Part-time
Employees
Ordinary working hours shall be an average less than
thirty-eight hours per week over the full cycle of the relevant work roster as
agreed and set out in writing between the employee and the Company.
(iii) Day Workers -
(a) Ordinary
working hours shall be worked Monday to Friday, inclusive, between the hours of
6.00 am and 6.00 pm each day. Provided that Day Workers may commence their
ordinary hours prior to 6.00 am if agreement has been reached between the
Company and the employees, and relevant union.
(b) Each day,
Monday to Friday, inclusive, thirty minutes between the hours of 10.00 am and
2.30 pm shall be allowed to day workers for a meal.
(iv) Shift Workers
-
Twenty minutes shall be allowed to shift workers 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 4 hours apart. Each crib break will be taken in accordance with the needs of the
operation and will be counted as time worked.
(v) 38 Hour Week
Rostered Days Off (RDOs) -
The method of taking RDOs in a department or section of
a department may be varied by agreement subject to the following:
(a) Arrangements
must be in accordance with the operational and service needs of the department.
(b) A maximum of
five RDOs can be accrued and taken at any one time.
(c) Where an
employee elects to accrue an RDO, no payment will apply for the designated day
and single time payment will apply when the employee takes the RDO.
(d) Employees
required to work on an RDO and who does not elect to accrue the RDO in
accordance with subclause (v) (c) above will be paid the appropriate rate in
accordance with clause 13, Overtime.
8. Shift Work
Allowances for Shift Workers
(i) Subject as in
the award otherwise provided, shift workers shall be paid, in addition to the
rates payable under this award, shift work allowance as follows:
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) Shift Workers
whilst working rotating shift (day shift, afternoon shift, night shift), with
regular weekly changes - at the rate specified below per 38 hour week , as set
out in Item 27 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates in respect of all shifts worked.
Provided that each such rotating shift worker so
engaged under a roster system which does not provide at least one-third of
their working time in a full cycle of the roster being on day shift, shall be
paid an additional amount as set out in Item 28 of Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates. per 38 hour week, in respect of each of any number
of afternoon and/or night shifts more than two-thirds of their working time in
the roster worked by the employee:
Provided further that working time on day shift shall if
necessary, include shifts rostered off on day shift not exceeding an average
over the full cycle of the roster of one per 38 hour week.
(b) Shift workers
whilst working shift work which involves regular weekly changes as set out in
Item 29 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.:
(c) Adult shift
workers whilst working shift work on shift systems as set out in Item 30 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(1) night shift,
afternoon shift;
(2) night shift
only;
(3) afternoon
shift only;
per 38 hour week.
(d) Shift workers
who work any afternoon or night shift other than under the shift systems set
out on paragraphs (a), (b), and (d) of this subclause, and are not paid in
respect of any day shift worked shall be paid as set out in Item 31 of Table 2
- Other Rates and Allowances, of Part B, Monetary Rates.
for each afternoon or night shift worked.
(ii) "Night
Shift" means any shift finishing subsequent to midnight and at or before 8
am, or in the case of 12 hour shift system, subsequent to 8 pm. and at or
before 8 am.
9. Saturday Rates for
Shift Workers
Shift workers for their ordinary shift performed on Saturday
shall be paid at the rate of time and one half.
10. Night Work for
Day Workers and Day Shift Workers
(i) Subject to
clause 18, Maximum Payment, of this award, but otherwise not withstanding
anything contained herein:
(a) a day worker
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 they 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 their 38 hour week rostered off night shall be
paid at the rate of time and one half of the ordinary rate of pay under clause
2, Rates of Pay , of this award except:
(c) on Saturdays,
Sundays, 38 hour week rostered days and holidays; and
(d) in respect of
any night in respect of which they have not been given at least 48 hours’
notice,
when the employee 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 pm. and 8 am., or in the
case of 12 hour shift system, between 8 pm and 8 am, 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 their 38 hour week rostered day off shift and paid accordingly.
Provided that an employee shall be paid at overtime rates
for any shift upon which they have 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 they would ordinarily be rostered shall be paid at overtime
rates for any such shift in respect of which they have not been given at least
48 hours’ notice. This provision shall not apply when the employee reverts to
the shift on which they would ordinarily have been rostered.
13. 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 at the rate of double time thereafter.
(ii) Shift Workers
- Shift workers for all time worked -
(a) in excess of
the ordinary 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-and-one-half 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 subclause shall not apply when the time worked -
(1) by arrangement
between the employees themselves; or
(2) for the
purpose of effecting the customary rotation of shifts.
(iii) General -
(a) When overtime
is necessary it shall, wherever reasonably practical, be so arranged that
employees have at least eight consecutive hours off duty between the work of
successive days. An employee who works so much overtime between the termination
of their ordinary work on one day and the commencement of their ordinary work
on the next day that they have not had at least eight consecutive hours off
duty between those times shall, subject to this subclause, be released after
completion of such overtime until they have had eight consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence. If on the instructions of the Company such an employee resumes or
continues working without having had such eight consecutive hours off they
shall be paid at double rates until they are released from duty for such period
and then shall be entitled to be absent until they have had eight 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 subclause, an employee is required to report for work at other than
their ordinary day or shift commencing time and reasonable means of transport
are not available to them, the Company shall convey them or supply them with
conveyance to the works.
(b) A day worker,
required to work on a Saturday, Sunday, a 38 hour week rostered day off or
holiday, or a Monday to Saturday shift worker is required to work on a Sunday,
a 38 hour week rostered day off or a holiday shall be paid for a minimum of
four hours’ work.
Provided that an employee recalled from their home to
work overtime 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 paragraph (a) in this
subclause.
(c) A fraction of
a tenth of an hour overtime shall count as 3 tenths of an hour if more than
five minutes thereof have been worked.
(d) Where an
employee working overtime finishes work at a time when reasonable means of
transport are not available to them the Company shall -
(1) within a
reasonable time convey them or supply them with conveyance to -
(A) a reasonable
distance from the employee's home; or
(B) a place to
which they usually travel by public conveyance when returning home from work;
or
(C) a place from
which they can, within a reasonable time, obtain public conveyance to a
reasonable distance from their home or the place to which they usually travel
by public conveyance when returning home from work; or
(2) pay the
employee their current rate of pay for the time reasonably occupied on reaching
their home.
(e) If an
employee, pursuant to notice, has provided a meal and is not required to work
overtime or is required to work for less than one-and-a-half hours they shall
be recompensed suitably for the meal which they have provided but which is surplus.
(f) An employee
required to continue at work on overtime for more than one-and-a-half hours
after their ordinary ceasing time without having been notified before leaving
their work on the previous day that they would be required to work overtime shall,
at the employee’s option:
(1) be provided,
free of cost, with a suitable meal and another meal for each subsequent meal
break into which the work extends; or,
(2) be paid the
amount as set out in Item 32 of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates.
(g) An employee
who is recalled to work from their home to work overtime shall, at the
employee’s option:
(1) be provided,
free of cost, with a suitable meal for each normal meal break falling during
the overtime for which they were called out; or
(2) be paid the
amount as set out in Item 33 of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates.
(iv) For the
purpose of this clause a recall from home to work overtime takes place when an
employee is notified at home of the requirement to return to work.
13A. Payment for
Training
The Parties have had discussions about appropriate payments
for employees undertaking training and have agreed to the arrangements set out
in Appendix 1.
14. Requirements to
Work in Accordance With the Needs of the 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 Sunday and a holiday,
at the rate prescribed by this award and, unless reasonable excuse exists, the
employee shall work in accordance with such requirement.
(ii) Subject to
clause 11, Transfer of Day Workers from Day Work to Shift Work, and clause 12,
Transfer of Shift Workers, of this award, for the purpose of meeting the needs
of the industry, the Company may require any employee to transfer from one
system to another system of work prescribed in this award at the rate
applicable thereto, and unless reasonable cause exists, an employee shall
transfer in accordance with such requirement.
15. Holidays
(i) The days on
which New Year’s Day, Australia Day, Good Friday, the Saturday following Good
Friday, Easter Monday, Anzac Day, the local Eight Hour Day, Queen’s Birthday,
Christmas Day and Boxing Day are observed and special days appointed by
proclamation as public holidays throughout the State shall be holidays and day
workers and Monday to Saturday shift workers not required to work on a holiday
shall be paid for the holiday at the ordinary rates of pay under clause 2,
Rates of Pay, clause 3 Tool Allowance, clause 4 Leading Hands, clause 5,
Special Rates and clause 35, Apprentices of this award.
(ii) In addition
to payments outlined in (i) above, employees shall also be paid bonus under the
applicable bonus scheme.
(iii) In addition
to the public holidays prescribed in subclause (i) of this clause, one
additional public holiday shall apply to an employee on weekly hire on a day
mutually agreed between the parties, or failing agreement as determined by the
Industrial Relations Commission of New South Wales.
(iv) This provision
for payment does not apply to:
(a) employees
whose rostered shift falls on a holiday (subject to the provisions of paragraph
(b) of subclause (ii) of clause 23, Days Added to the Period of Annual Leave of
this Award).
(b) employees
absent without leave or reasonable excuse on the working day preceding or the
working day succeeding a holiday.
16. Sunday and
Holiday Rates
Employees shall be paid at the rate of double time for all
work done on Sundays and at the rate of double time and one half for all work
done on the holidays prescribed by this award.
17. Shift Workers
Whose Ordinary Working Period Includes Sundays and Holidays as Ordinary Working
Days
No working period shall include Sundays and holidays as
ordinary working days except shift workers at -
(a) No. 2 Bar
Mill;
(b) Rod Mill;
(c) Central Roll
Shop; and the following shift workers performing the following functions -
(d) in all mills -
heaters, assistant heaters, ashmen;
(e) Employees
required for repairs, alterations and/or renewals;
(f) Such labour
as is necessarily incidental to the above (a) to (e).
18. Maximum Payment
(i) Shift
allowances and disability rates shall not be subject to any premium or penalty
additions.
(ii) All rates prescribed
by this award shall not exceed double the rate prescribed by:
(a) clause 2,
Rates of Pay;
(b) clause 3, Tool
Allowance;
(c) clause 4,
Leading Hands;
(d) clause 5,
Special Rates; and,
(e) clause 35,
Apprentices
provided that this subclause shall not apply to any
excess due to payments arising from;
(f) clause 6,
Disability Rates ;
(g) clause 8,
Shift Work Allowances for Shift Workers; or
(h) clause 16,
Sunday and Holiday Rates (in respect of work done on holidays).
19. Employees Presenting
Themselves for Work and Not Required
Subject to the provisions of clause 27, Contract of
Employment, of this award, an employee who presents for ordinary work and
without notice is instructed that they will not be required, shall be paid at
least four hours’ pay.
20. Junior Labour -
Unapprenticed
(i) Junior Labour
may be employed at work suitable for juniors according to their age.
(ii) In cases
where a junior is capable of performing and does work which ordinarily is not
regarded as suitable for a person under the age of 18 years they shall be paid
the adult rate whilst so engaged.
(iii) No junior
under the age of 18 years may be required to work overtime unless they are
willing to do so.
(iv) An
unapprenticed junior required to work under circumstances which would entitle
an adult to payment under clause 5, Special Rates and clause 6, Disability
Rates of this award, shall be allowed the same addition as the adult.
(v) Every
unapprenticed junior shall give at least a fortnight’s notice of their change
of year of age.
21. Sick Pay
(i) An employee
who is unable to attend for duty during their ordinary working hours by reason
of personal illness or personal incapacity not due to their own serious and
wilful misconduct shall be entitled to be paid at ordinary time rates of pay
and in addition the bonus payment which would have been payable if they had
attended for duty, for the time of such non-attendance subject to the
following:
(a) the employee
shall not be entitled to be paid leave of absence for any period in respect of
which they are entitled to workers’ compensation;
(b) the employee
shall, within twenty-four hours of the commencement of such absence, inform the
Company of their inability to attend for duty and, as far as possible, state
the nature of the illness or incapacity and the estimated duration of the same;
(c) the employee
shall prove to the satisfaction of the Company, or, in the event of a dispute,
the Industrial Relations Commission of New South Wales, that they are or were unable,
on account of such illness or incapacity, to attend for duty on the day or days
for which payment under this clause is claimed;
(d) 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) the number of
ordinary working hours referred to in paragraph (d) of this subclause shall be:
(1) in the case of
an employee with less than 1 year’s continued employment: 40
(2) in the case of
an employee with 1 or more year’s continued employment but less than ten year’s
continued employment: 64
(3) in the case of
an employee with 10 or more year’s continued employment: 80
(ii)
(a) The rights
under this clause shall accumulate from year to year so long as the employment
continues with the Company, whether under this or any award, so that any part
of the number of ordinary working hours specified in paragraph (e) of subclause
(i), of this clause, which has not been allowed in any year may be claimed by
the employee and shall be allowed by the Company, subject to the conditions
prescribed by this clause, in a subsequent year of such continued employment.
Any rights which accumulate pursuant to this subclause shall be available as
follows:
(1) to any
employee entering employment of the Company on or after 1st January 1986 - for
a period of 16 years, but for no longer, from the end of the year in which they
accrued;
(2) to any
employee who entered their current employment with the Company before 1st
January 1986 -
(A) during the
period between the 18th and 31st December 1985 for a period of 14 years, but
for no longer, from the end of the year in which they accrued;
(B) during the
transition year - for a period of 15 years but no longer, from the end of the
year in which they accrued;
(C) during the
first year of employment immediately following the transition year - for a
period of 16 years, but for no longer, from the end of the year in which they
accrued.
(b) For the
purposes of this subclause "transition year" shall mean in respect of
an employee whose current employment with the Company commenced before 1st
January 1986, the year of their employment which commenced during 1986.
(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 their current employment with the Company, the right to receive
payment shall not arise until they have 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 at any time so lost shall not be taken
into account in computing the qualifying period of three months.
(v) Service before
the date of coming into force of this award shall be counted as service for the
purpose of qualifying thereunder.
(vi) In this clause
"ordinary working hours" shall include working hours on shifts known
as compulsory roster shifts, ring roster shifts or 21st shifts which are paid
overtime rates.
21A. State
Personal/Carer’s Leave Case - August 1996
(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 (2) of paragraph (c), who needs the employee’s
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 part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, 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:
(1) the employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
a spouse of the employee; or
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
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
a same sex partner who lives with the employee as the
de facto partner of that employee on a bona fide domestic basis; or
a relative of the employee who is a member of the same
household, where for the purposes of this subparagraph:
1 ‘relative’
means a person related by blood, marriage or affinity;
2 ‘affinity’
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3 ‘household’
means a family group living in the same domestic dwelling.
(d) An employee
shall, whether practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s 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 employer 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 employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of people set out
in the subparagraph (2) of paragraph (c) of subclause (1) who is ill.
(iii) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive
of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer 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 employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer 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 employer, 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 employer, 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) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
22. Annual Leave
(i) Day Workers
and Monday to Saturday Shift Workers:
For annual leave provisions see Annual Holidays Act,
1944 (NSW).
(ii) Shift workers
under clause 17, Shift Workers Whose Working Period Includes Sundays and Public
Holidays as Ordinary Working Days, of this award:
(a) In addition to
the benefits provided by section 3 of the Annual Holidays Act, 1944
(NSW), with regard to an annual holiday of four weeks, and employee who, during
the year of their employment with the Company with respect to which they become
entitled to the said annual holiday of four weeks, gives service to the Company
as a seven-day shift worker under the said clause 17, shall be entitled to the
additional leave as hereunder specified:
(1) if during the
year of their employment they have
served the Company continuously as such seven-day shift worker the additional
leave with respect to that year shall be one week;
(2) subject to
subparagraph (4), of this paragraph, if during the year of their employment,
they have served for only portion of it as such seven-day shift worker the
additional leave shall be one day for every thirty-three ordinary shifts worked
as a seven-day shift worker;
(3) subject to
subparagraph (4), an employee shall be paid for such additional leave at the
annual leave rate of pay, for the number of ordinary hours of work which such
employees would have been rostered for duty during the period of additional
leave had such employee not been on such additional leave;
(4) where the
additional leave calculated under this subclause is or includes a fraction of a
day such fraction shall not form part of the leave period and any such fraction
shall be discharged by payment only;
(5) in this clause
reference to one week and one day shall include holidays and non-working days.
(b) Where the
employment of a worker has been terminated and they thereby becomes entitled
under section 4 of the Annual Holidays Act, 1944 (NSW), to payment in
lieu of an annual holiday with respect to a period of employment, they also
shall be entitled to an additional payment of three and one half hours at the
annual leave rate of pay with respect to each twenty-one shifts or service as
such period of employment.
(c) A seven-day
shift worker under this subclause shall be paid at the appropriate rate for any
‘compulsory roster’ shift, also known as a ‘twenty-first’ shift, which they
would have worked during this period of annual leave had they not been on
annual leave.
(iii) Monday to
Saturday shift workers who are regularly rostered for duty for Saturdays as
ordinary working days.
In addition to the benefits provided by section 3 of
the Annual Holidays Act 1944 (NSW) with regard to an annual holiday of
four weeks, an employees who is during the year of their employment with the
Company with respect to which they become entitled to the said annual holiday
of four weeks, gives service to the Company as a Monday to Saturday shift
worker who is regularly rostered for duty on Saturdays as ordinary working
days, shall be entitled to the additional leave as hereunder specified:
(1) For every
thirteen Saturdays upon which the employee worked as a ordinary shift as a
Monday to Saturday Shift worker who is rostered for duty on Saturdays as
ordinary working days the additional leave with respect to that year shall be
one day.
(2) Where the
additional leave calculated under this subclause is or includes a fraction of a
day such fraction shall not form part of the leave period and any such fraction
shall be discharged by payment only.
(iv) All employees
- Annual Leave Payment
(a) In respect of
a period of annual leave an employee shall be paid the sum of -
(1) the employee's
award rate of pay for ordinary time at the commencement of their annual leave
as prescribed by clause 2, Rates of Pay, clause 3, Tool Allowance, clause 4
Leading Hands and clause 5 Special Rates; and,
(2) the employee's
rate of bonus payable at the commencement of their annual leave pursuant to the
bonus scheme applicable to them.
plus the higher of:
(3) a loading of
20 percent; or,
(4) the shift work
allowances pursuant to clause 8, Shift Work Allowances for Shift Workers, and
the weekend penalty rates pursuant to clause 9, Saturday Rates for Shift
Workers, and (in respect of Sundays only) clause 16, Sunday and Holiday Rates,
of this award, that would have been payable to them in respect of ordinary time
during the period of annual leave had they not been on annual leave.
(b) The loading
prescribed by this subclause shall apply to payment in lieu of a fully due
annual holiday on termination of employment, but shall not apply to
proportionate annual holiday payment on termination of employment.
(v) Annual leave
transition arrangements for employees transferring between full time and part
time work shall be as prescribed in the Industrial Relations Act, 1991.
23. Days Added to the
Period of Annual Leave
(i) In the case
of an employee who was, at the commencement of their annual leave or long
service leave, employed as a seven-day shift worker under clause 17, Shift
Workers Whose Period Includes Sundays and Holidays as Ordinary Working Days, of
this award, one day shall be added to their annual leave period or long service
leave period respectively, in respect of any holiday prescribed by this award
which falls within the period of annual leave and long service leave to which
they are entitled under this award.
(ii) An employee
who is rostered off duty on a day which is a holiday prescribed by this award
and who is not required to work on that day shall:
(a) have one day
added to their annual leave period; or
(b) by mutual
consent, be paid, in the pay for the period in which the holiday falls, for the
holiday at the rate payable pursuant to subclause (i) of clause 15, Holidays,
of this award.
This subclause shall not apply when the holiday falls:
(1) on a Saturday
or Sunday except in the case of employees employed as seven-day shift workers under
clause 17, Shift Workers Whose Working Period Includes Sundays and Holidays as
Ordinary Working Days, of this award, or;
(2) on a Sunday in
the case of employees employed as Monday to Saturday shift workers who are
regularly rostered for duty on Saturdays as ordinary working days.
(iii) Any days
added in the case of annual leave shall be paid for at the annual leave rate of
pay and in the case of long service leave shall be paid for at the long service
leave rate of pay.
(iv) Any day or
days added in the case in accordance with subclauses (i) or (ii) of this
clause, shall be the working day or working days immediately following the
period of annual leave or long service leave respectively, to which the
employee is entitled under clause 22, Annual Leave, or clause 24, Long Service
Leave of this award.
(v) For the
purpose of subclause (iv) of this clause, working days shall be:
(a) in the case of
an employee who, at the commencement of their period of annual leave or long
service leave, as the case may be, was employed as a day worker - any day of
the week including a day on which the employee concerned would have been
rostered off duty if they were not on annual leave or long service leave, but
excluding a Saturday, a Sunday or a holiday prescribed by this award.
(b) in the case of
an employee who, at the commencement of their period of annual leave or long
service leave as the case may be, was employed as a Monday to Saturday shift
worker - any day of the week other than Sunday or a holiday prescribed by this
award including a day on which the employee concerned would have been rostered
off duty if they were not on annual leave or long service leave.
(c) in the case of
an employee who, at the commencement of their period of annual leave or long
service leave, as the case may be, was employed as a seven-day shift worker,
under the said clause 17, of this award - any day of the week including a day
on which the employee concerned would have been rostered off duty if they were
not on annual leave or long service leave.
(vi) Where the
employment of a worker has been terminated and they thereby becomes entitled
under section 4 of the Annual Holidays Act, 1944, to payment in lieu of
an annual holiday with respect to a period of employment they also shall be entitled
to an additional payment for each day accrued to them under subclause (ii) of
this clause, at the annual leave rate of pay.
(vii) An employee
who is employed as a seven-day shift worker under the said clause 17, who -
(a) has a day
added to their annual leave or long service leave pursuant to subclauses (i)
and (ii) of this clause, and
(b) such a day
falls on a holiday prescribed by clause 15, Holidays, of this award, on which
the employee would have been rostered to work an ordinary shift were it not for
their entitlement to an added day,
shall be paid for such day, in addition to their
entitlement under subclause (iii) of this clause, at the rate prescribed by
subclause (i) of the said clause 15, Holidays, of this award.
24. 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:
(a) that
determined in accordance with the Long Service Leave Act 1955; or
(b) 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
15, Holidays, of this award treated as days appointed by the Governor a public
holidays for the purpose of the application to them of section (4A) of the Long
Service Leave Act, 1955.
25. Jury Service
An employee required to attend for jury service:
(i) during their
ordinary hours; or
(ii) immediately
following an ordinary night shift or immediately preceding an ordinary
afternoon shift on which the employee is rostered to work and, as a result of
attending jury service, is not reasonably able to report for work on the night
shift or afternoon shift, as the case may be:
(a) shall receive
the actual wage that they would have received had they worked their normal
shift\s. Employees on jury service who are not empanelled and dismissed for the
rest of the day must report for work.
(b) an employee
summoned for jury duty shall notify the Company as soon as possible of the date
upon which they are required to attend and shall keep the Company informed of
the likely duration of their attendance.
26. Compassionate
Leave
An employee shall, on production of acceptable proof of the
death of a close relative (including a defacto spouse), be entitled to
compassionate leave without deduction from ordinary wages for a period of up to
three (3) days, as is reasonable in the circumstances. A period of up to 5 days
may be approved where interstate travel is required. Approval of compassionate
leave is the responsibility of the Mill Manager, who will use discretion
depending upon the circumstances.
Compassionate leave may be taken in conjunction with other
leave available under sub-clauses (ii), (iii), (iv), (v) and (vi) of clause
23A, Personal/Carer's Leave. In determining such a request the employer will
give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
In addition to their ordinary-time work rate of pay, the
employee shall be paid the amount of bonus they would have otherwise received
during ordinary working hours.
Compassionate leave will not be granted if the period of
leave coincides with any other period of paid leave.
27. Contract of
Employment
(i) Any employee
not specifically engaged as a casual employee will be deemed to be employed by
the week, subject to subclause (v).
(ii) Part time
employees are employees who work on a part time basis for a constant number of
hours which average less than 38 per week.
Part time employees receive all entitlements under the award on a pro
rata basis.
(iii) Casual
employees are engaged and paid as such and their employment may be terminated
upon one hour's notice. The terms and conditions of their employment are
further defined by agreements in writing between the employer and employee.
(iv) A casual
employee shall be paid at the ordinary rate of pay arising from clause 2, Rates
of Pay, clause 3 Tool Allowance, clause 4 Leading Hands and clause 5 Special
Rates plus a loading of twenty (20) percent. This loading shall be paid in lieu
of all other entitlements under this award with the exception of those arising
from clause 6, Disability Rates, clause 8 Shift Work Allowance for Shift
Workers, clause 9, Saturday Rates for Shift Workers, clause 13, Overtime (with
respect to hours worked on any working day in excess of those outlined in the
agreement giving rise to the casual employment) and clause 16, Sunday and
Holiday Rates.
(v) Employment of
employees on probation for the first 12 weeks shall be from day to day at the
weekly rate fixed determinable at a day's notice for the first four weeks and
on a week to week basis thereafter. This probationary period shall not apply
where full time or part time employment follows a period of engagement as
defined in clause 39, Supplementary Labour - Rates of Pay.
(vi) Training and
grading structures have been developed in accordance with the needs of the
department/Steelworks and employees are paid for completion of a level in the
model relevant to their department. A
level is completed only after an employee has been certificated in all the
skills for the relevant level and those skills have been applied within the
department.
(vii) Participation
in training for progression will be voluntary for employees in the Company
employ as at 22/6/89.
(viii) Existing
employees who elect not to participate in training for progression will:
(a) slot into a
level in a new model and receive payment in accordance with clause 30,
Retention of Rate.
(b) train other
employees in the skills the employee has acquired.
(c) perform
alternate work to allow other employees to undertake training for progression.
(ix) Employees
commencing on or after 22/6/89 will be required to participate in training,
including training for progression, in accordance with their training and
grading structures.
(x) Employees will
be required to complete as much of a whole job as it safe, practical and legal.
(xi) Employees will
work flexibly and utilise certificated and non-certificated skills possessed
and recognised.
(xii) The Company
may direct an employee to carry out such functions as are within the limits of
the employee's skill, competence and training.
(xiii) Employees
shall perform such work as the Company reasonably shall, from time to time,
require and an employee not attending for or not performing their duty shall,
except as provided by clause 21, Sick Pay, of this award, lose their pay for
the actual time of such non-attendance or non-performance.
(xiv) Subject as
aforesaid employment shall be terminated by a week's notice on either side
given at any time during the week or by 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, they 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.
(xv) 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 employees
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 the employee has had an opportunity to state their case and adduce
witnesses to the facts.
(b) Where the
superintendent is on duty in the department to which the employee is attached
any decision as the standing down of the employee shall be made by the
superintendent.
(c) Where no
superintendent is on duty in the department a supervisor may stand an employee
down for a period not exceeding the balance of the shift, where the employee
refuses duty or where the supervisor reasonably is of the opinion that the
continued presence of the employee on the plant would be likely to:
(1) constitute a
hazard whether to the employee themself or to other employees or to plant and
equipment; or
(2) interfere with
the normal and orderly functioning of the Company's operations; or
(3) be prejudicial
to discipline.
(d) Where a
supervisor stands an employee down they 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 time as mutually may be
arranged and the superintendent, after reviewing the case, shall inform the
employee of their 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 the department to which they are
attached, the employee may be stood down in accordance with the provisions of
this subclause by the appropriate supervisor in the department in which they
are working in lieu of the appropriate supervisor of the department to which
they are attached.
(xvi) 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 the wages shall be payable up to the time of the dismissal
only, provided that:
(a) No employee
shall be dismissed without notice before 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 their delegate,
tells the superintendent that the dismissal will be contested:
(1) The dismissal
shall take effect 7 calendar days from the time that the employee was told of
this dismissal; and
(2) During these 7
calendar days, notwithstanding the provisions of subclause (v) of this clause,
the employees shall be stood down without pay.
(xvii) Superintendent
in this clause shall include:
(a) Any officer
with the authority higher than that of a superintendent;
(b) Any officer
acting as a superintendent's deputy in the absence of the superintendent.
(c) In a
department where there is no officer with the title of superintendent the
supervisor who is in charge and, in their absence, their deputy.
(xviii) Department
shall include a department so called and any other separately administered
sections of the plant.
(xix) 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 such misconduct
whilst acting in concert.
This clause shall not affect the right of the Company
to deduct payment for any day during which the 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.
28. Automation
(i) Notwithstanding
the provision of clause 27, Contract of Employment, of this award, where, on
account of the introduction or proposed introduction by the Company of
mechanisation or technological changes in the industry covered by this award,
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 their 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 in clause 2, Rates of Pay, of this award, for a period equal to
the difference between three months and the period of notice given, and
(b) the period of
notice required by the clause to be given shall be deemed to be service with
the Company for the Long Service Leave Act, 1955, the Annual Holidays
Act, 1944 or any Act amending or replacing either of those Acts; provided
further that the right of the Company to dismiss an employee for the reasons
specified in clause 27, 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 their employment.
(ii) Where the
Company proposes to introduce into the industry covered by this award
mechanisation or technological change which will result in one or more
employees becoming redundant, the Company shall give notification of six months
before the introduction 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 notifications as
early as it is practicable for the Company to give them.
The notification to be given in accordance with this
subclause are notifications in writing to the Industrial Registrar, the
Director of the Vocational Guidance Bureau, the Director of Technical and
Further Education and the State Secretaries of the relevant 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
in the industry covered by this award, and of their occupation and of the
approximate date when their employment is likely to terminate on account of
such introduction.
29. Redundancy
(i) Purpose
These arrangements are designed to provide employees
with fair and reasonable benefits in the event of redundancy.
(ii) 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).
(iii) 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.
(iv) 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).
(b) 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.
(c) 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.
(v) 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.
30. Retention of Rate
(i) Where after
11th November 2003, as a result of the rationalisation of the Company's
operations, the introduction of technological change, changes in work practices
or market change, an employee is appointed to a classification or
classifications which receive a lower ordinary time rate of pay (including all
purpose components e.g. leading hand allowance) than did their classification
immediately prior to the appointment or the first appointment ("the
previous classification"):
(a) The employee
shall retain the ordinary time rate of pay (sum of components) applicable to
the previous classification, subject to the following adjustments:
(b) in the first
and second years after the date of their appointment, all changes in the
ordinary time rate of pay applicable to the previous classification;
(c) in the third
to the fifth years after the date of appointment, half of any changes in the
ordinary time rate of pay applicable to the previous classification;
(d) thereafter, no
further adjustments.
(ii) Where on the
11th November 2003 an employee is in receipt of retained rates:
(a) the components
of the retained rate will be converted to a total rate (sum of the components),
(b) an employees
with less than 2 years on retention will be administered as per (i) above (eg.
If they have been on retention for 1 year, they will have a further 1 year on
full increases before moving to half increases for years 3 to 5).
(c) Those already
on retention for in excess of 2 years will commence 3 years of half increases
from 11th November 2003.
(iii) Provided that
in (i) and (ii) when the ordinary time rate of pay of the employee's new
classification exceeds the ordinary time rate of pay they then receive, they
shall thereafter receive payment of the ordinary time rate of pay applicable to
their new classification.
(iv) Employees
accepting retention of rate do so on the basis that they commit to undertaking
training in their new classification structure. Employees are expected to train
to the limit of their ability under the new classification structure. Should an
employee elect not to retrain their rate will be reduced to the rate applicable
to their assessed level.
31. Definitions
(i) 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.
(ii) Shift Workers
are employees working on a one, two or three shift system.
(iii) Monday to
Saturday shift workers are shift workers whose ordinary working hours are
worked between Monday and Saturday.
(iv) For shift
workers, each day, including Sundays and holidays, shall be deemed to commence
at 8.00 am. and to terminate at 8.00 am. on the following calendar day.
(v) The method of
working shift work and the time of commencement and finishing each shift in any
department or section of a department may be varied by agreement between the
Company and the majority of employees in that department or section of the
department.
(vi) Annual leave
rate of pay means -
(a) in the case
of:
(1) annual leave
under clause 22, Annual Leave, of this award and clause 23, Days Added to the
Period of Annual Leave, of this award, taken by an employee immediately before
or after leave under the Annual Holidays Act, 1944;
(2) payment in
respect of annual leave or days added to the period of annual leave being made
to an employee under the said clause 22 and 23 upon the termination of the
employment of an employee at the same time payment is being made under the Annual
Holidays Act, 1944, in respect of such termination.
The ordinary pay of the employee calculated in
accordance with the Annual Holidays Act, 1944, for the leave taken or
payments made under that Act.
(b) in the case of
annual leave under the said clause 22 of the award and days added to the period
of annual leave under the said clause 23 of this award being taken otherwise
than immediately before or after leave under the Annual Holidays Act,
1944, the ordinary pay of the employees calculated in accordance with the Annual
Holidays Act, 1944, as if such leave had been taken under the Act.
32. Time and Payment
of Wages
(i) All wages to
be paid fortnightly.
(ii) The provision
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 be held responsible. Proof
of the existence of such circumstances shall be upon the Company. In such
circumstances the Company shall pay wages as soon as it is reasonably
practicable for it to do so.
(iii) All employees
will be paid their wages by direct transfer into the employee's bank (or other
recognised financial institution) account.
33. Union Delegates
(i) Recognition
The Company shall give recognition to an employee who
is the delegate representing the employees in a shop or department where they
are employed and they shall be allowed the necessary time to interview the
Company or its representative during working hours in case of a dispute
affecting employees in their shop or department; provided that the Company
shall not be bound to give recognition as delegate to any employee in respect
of whom a written notification has been received from the union concerned that
the union does recognise that 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 work place.
(ii) Training
(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.
34. Payroll Deduction
of Union Dues
The employer will, on the written authority of the employee,
make regular deductions of union dues and disburse them to the respective
unions party to this Award.
35. Procedures for
Resolving Claims, Issues and Disputes
(i) Introduction
All parties to this Award recognise and accept that
people have differing viewpoints, and hence, conflict will arise from time to
time. It is agreed that it is in the interests of all parties to manage the
resolution of this conflict by means which do not damage the business.
To enable claims, issues and disputes to be progressed
while work proceeds normally the procedures outlined in this clause will apply.
(ii) Departmental,
Claims, Issues and Disputes
(a) Step 1 (to be
completed within 24 hours or the next ordinary working day following the claim,
issue or dispute arising):
(1) Employee(s) and/or
delegate(s) of the union(s) involved will place the claim, issue or dispute
before the front-line supervisor. This group will take all reasonable steps to
solve the issue together;
(2) Failing
agreement, employee(s) and/or delegate(s) of the union(s) involved and the
front-line supervisor will fill out the Resolution of Claim, Issues and
Disputes form. The claim, issue or dispute will then be put in this written
form to the shift supervisor. This group will take all reasonable steps to
settle the matter;
(3) Failing
agreement, all parties will place the claim, issue or dispute in written form
before the head of the department. This group will take all reasonable steps to
settle the matter.
(4) The
delegate(s) shall contact their union(s) official(s) should industrial action
be threatened or likely.
(b) Step 2 (to be
completed within 24 hours or the next ordinary working day following Step 1):
Failing agreement, employee(s) and/or delegate(s)
and/or officials of the union(s) involved and/or the head of the department
will organise a time and date for an Industrial Relations Conference..
(c) Step 3
Failing agreement being reached arising from the
Industrial Relations conference/s, the claim, issue or dispute shall be
referred to the appropriate industrial relations tribunal, if any of the
parties want to pursue it further.
(iii) Occupational
Health and Safety Matters
Where matters relating to the health or safety of
employees arise within the workplace:
(a) The employee/s
concerned will raise the matter with their front-line supervisor. If they wish,
they may involve a member of the department's Occupational Health and Safety
Committee.
(b) The supervisor
will take corrective action to allow work to continue without risk to health
and safety.
(c) Should the
corrective action taken by the supervisor be disputed, an immediate conference
involving Occupational Health and Safety Committee members, union officials and
appropriate Company officers will be called. Undertakings are given by all
parties concerned to make themselves available for such conferences.
(d) If the
corrective action taken by the supervisor is considered to be inappropriate as
a permanent resolution of the matter, the matter will be referred to
appropriate management and the department's Occupational Health and Safety
Committee in accordance with the Occupational Health and Safety Act 2000
(NSW) for the development of a preventative plan. Should the department not
have an Occupational Health and Safety Committee the matter may be dealt with
by way of Steps 2 and 3 of the procedure for resolving claims, issues and
disputes outlined in subclause (ii) above.
(e) Occupational
health and safety matters will be documented, including corrective actions
taken, for review by management and the department's Occupational Health and
Safety Committee.
(f) Nothing in
this subclause should be construed as to require the parties to act other than
in accordance with the Occupational Health and Safety Act 2000 (NSW).
(iv) General
Claims, Issues and Disputes
(a) The
official(s) and delegate(s) of the union(s) involved will place the claim,
issue or dispute before the Company’s industrial relations department, which
will take all reasonable steps to reply as soon as possible.
(b) Failing
agreement, the claim, issue or dispute shall be referred to the appropriate
industrial relations tribunal, if the union(s) want to pursue it further.
(v) The provisions
of this clause shall not affect in any way other rights and duties of any party
to this award pursuant to the Act or any Act or at common law in relation to
any matter.
(vi) The operation
of this clause will be jointly reviewed by the parties at regular intervals.
This will include reviews of breaches of these procedures to identify any
corrective actions required to ensure future compliance.
36. Apprentices
Where any provisions of this award, so far as they relate to
apprentices, are inconsistent with the provisions of this clause, the
provisions of this clause shall, to the extent of the inconsistency, prevail.
(i) Conditions Of
Employment
The ordinary conditions of employment, including method
of payment, award holidays, hours and overtime, shall be those contained in
this award provided an apprentice whilst under 18 years of age shall not be allowed
to work shift work, and the apprentice shall not work shift work unless working
under the control of a tradesperson in the same trade. The apprentice shall not
be required to work overtime during the first year of their apprenticeship
unless they are willing to do so.
(ii) Lost Time
The Company may deduct from the wages of an apprentice
amounts proportionate to the working time lost by the apprentice in any wage
period when suspended under the provisions of subclause (iii) or owing to their
absence from the service of the Company, unless such absence is caused by:-
(a) The Company's
fault
(b) Illness not
exceeding one week in each year of service duly certified by a qualified
medical practitioner.
(c) The occurrence
of any holiday prescribed by this award.
(iii) Disciplinary
Code
(a) The apprentice
may be suspended by the Company without pay during such period of suspension
for the following reasons, and subject to the undermentioned limitations of
each suspension, viz.:
Nature of Offence or Misdemeanour
Disobedience~ Laziness Bad Timekeeping, General
|
First Offence - The apprentice shall be told
|
Misconduct etcetera
|
that this caution will be noted on their
|
|
history card.
|
|
Second Offence - The apprentice may be
|
|
suspended for a period not exceeding five
|
|
working days (without pay). Time lost by
|
|
such suspension shall be made up at the end
|
|
of each year.
|
|
Third Offence - The apprentice may be
|
|
suspended for a period not exceeding ten
|
|
working days (without pay). Time lost by
|
|
such suspension shall be made up at the end
|
|
of each year.
Following a suspension the
|
|
apprentice may be brought before the
|
|
Company's Internal Apprenticeship
|
|
Authority which shall admonish the
|
|
apprentice and advise them that their
|
|
offence or misdemeanour, if persisted in,
|
|
may lead to cancellation of their indenture
|
|
in accordance with Part 4 of the
|
|
Apprenticeship and Traineeship Act 2001.
|
Insolence, Wilful Disobedience, Wilful Damage to
|
First Offence - The apprentice may be
|
Property~ Neglect of Safety Precautions which may result
|
instantly suspended for a period not
|
in injury to himself or herself or fellow employees Theft~
|
exceeding five working days (without pay).
|
Assault or Other Serious and Wilful Misconduct
|
Time lost by such suspension shall be made
|
|
up at the end of each year.
|
|
Second Offence - The apprentice may be
|
|
instantly suspended for a period not
|
|
exceeding ten working days (without pay).
|
|
Time lost by such suspension shall be made
|
|
up at the end of each year. Following a
|
|
suspension the apprentice may be brought
|
|
before the Company's Internal
|
|
Apprenticeship Authority which shall
|
|
admonish the apprentice. If such conduct is
|
|
persisted in the apprentice may be
|
|
suspended immediately and their indenture
|
|
may be cancelled in accordance with Part 4
|
|
of the Apprenticeship and Traineeship Act
|
|
2001.
|
(b) When the
Company intends to suspend an apprentice it shall immediately so advise the
Commissioner for Vocational Training and the union or unions covering the
apprentice's trade.
(c) When the
Company suspends an apprentice, the suspension shall be effected by handing or
delivering to the apprentice a notice in writing specifying:
(1) Particulars of
the offence alleged to have been committed;
(2) The period of
suspension;
(3) That future
misconduct may cause the Company to seek cancellation of the indenture;
(4) The address of
the Commissioner for Vocational Training; and
(5) That the
apprentice is entitled to apply to the Commissioner for Vocational Training at
that address, by letter, to have the suspension set aside.
(d) The Company
shall forward a copy of the notice to the Commissioner for Vocational Training,
the union or unions covering the apprentice's trade and to the parent or
guardian of the apprentice on the same day as the notice is handed or delivered
to the apprentice.
(e) Any purported
suspension not effected in accordance with the above shall be of no effect.
(f) Nothing in
this clause shall affect the rights or obligations of any party to the
apprenticeship under the Apprenticeship and Traineeship Act 2001.
(iv) Wages
(a) The minimum
weekly rates of pay for apprentices shall be as set out in Item 34 of Table 2
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.
(b) The total
wages of apprentices shall be calculated to the nearest ten cents, any broken
part of ten cents in the result not exceeding half of ten cents to be
disregarded.
(c) An employee
who is under twenty-one years of age on the expiration of their apprenticeship
and thereafter works as a minor in the occupation to which they have been
apprenticed shall be paid at not less than the adult rate prescribed for that
classification.
(d) The special
rates provisions in this award shall apply to apprentices in the trades where
tradespersons are paid these special rates.
37. Enterprise
Arrangements and Award Changes
(i) Consideration
may be given to changes in award provisions and to the bringing into existence
of enterprise arrangements through the established consultative mechanisms at
the Company's works.
(ii) Enterprises
shall have a consultative mechanism and procedures appropriate to their size,
structure and needs for consultation and negotiations on matters affecting
their efficiency and productivity.
38. Performance
Payment Scheme
The Performance Payment Scheme appended (Appendix 2) to this
award is given effect.
39. 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.
40. 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.
41. 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."
42. Parental Leave
The parental leave provisions set out in Division 1 of Part
4 of Chapter 2 of the Act 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.
43. 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.
44. 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.
45. 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.
46. 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.
47. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the OneSteel Manufacturing Pty Ltd Newcastle Rod &
Bar Award published 19 March 2004 (Vol 343 I.G. 752 ) as varied.
(ii) This award
shall apply to all employees (including apprentices within clause 35,
Apprentices) of the OneSteel Manufacturing Pty Ltd at Newcastle, except -
(a) employees on
the clerical staff;
(b) employees on
the salaried staff other than employees of the classes covered by clause 2,
Rates of Pay, 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 or
after 1st September 2005 and shall remain in force for a period until 31st
August, 2008 (the nominal term).
(v) Discussions
regarding a replacement settlement may commence 3 months prior to expiry of
this settlement.
PART B
MONETARY RATES
Adult Basic
Wage: $121.40 per week
Table 1 - Wages
per 38 hour week - (Award margin plus basic wage)
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.
Classifications
|
A
|
B
|
C
|
D
|
|
$
|
$
|
$
|
$
|
Loading Yard Department
|
|
|
|
|
Operations -
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
578.00
|
583.80
|
607.20
|
631.50
|
Level 2
|
609.60
|
615.70
|
640.30
|
665.90
|
Level 3
|
626.50
|
632.80
|
658.10
|
684.40
|
Operator QA
|
646.30
|
652.80
|
678.90
|
706.10
|
Level 4
|
665.80
|
672.50
|
699.40
|
727.40
|
Rod Coil Storage Operation
|
|
|
|
|
Operations -
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
646.30
|
652.80
|
678.90
|
706.10
|
Level 2
|
665.80
|
672.50
|
699.40
|
727.40
|
Rod Mill Department
|
|
|
|
|
Operations -
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
578.00
|
583.80
|
607.20
|
631.50
|
Level 2
|
594.70
|
600.60
|
624.60
|
649.60
|
Level 3
|
646.30
|
652.80
|
678.90
|
706.10
|
Level 4
|
689.10
|
696.00
|
723.80
|
752.80
|
Level 5
|
715.00
|
722.20
|
751.10
|
781.10
|
Maintenance Operator -
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
578.30
|
584.10
|
607.50
|
631.80
|
Level 2
|
620.70
|
626.90
|
652.00
|
678.10
|
Level 3
|
646.70
|
653.20
|
679.30
|
706.50
|
Level 4A
|
657.70
|
664.30
|
690.90
|
718.50
|
Level 4B
|
672.50
|
679.20
|
706.40
|
734.70
|
Level 4C
|
672.50
|
679.20
|
706.40
|
734.70
|
No. 2 Bar Mill Department
|
|
|
|
|
Operations -
|
|
|
|
|
Rolling Area
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
578.00
|
583.80
|
607.20
|
631.50
|
Level 2
|
609.60
|
615.70
|
640.30
|
665.90
|
Level 3
|
665.80
|
672.50
|
699.40
|
727.40
|
Level 4
|
715.00
|
722.20
|
751.10
|
781.10
|
Level 5
|
742.00
|
749.40
|
779.40
|
810.60
|
Finishing Area
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
578.00
|
583.80
|
607.20
|
631.50
|
Level 2
|
609.60
|
615.70
|
640.30
|
665.90
|
Level 3
|
665.80
|
672.50
|
699.40
|
727.40
|
Level 4
|
715.00
|
722.20
|
751.10
|
781.10
|
Level 5
|
742.00
|
749.40
|
779.40
|
810.60
|
No. 2 Bar Mill Department
|
|
|
|
|
Maintenance Operators -
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
620.70
|
626.90
|
652.00
|
678.10
|
Level 2
|
646.70
|
653.20
|
679.30
|
706.50
|
Level 3 A
|
672.50
|
679.20
|
706.40
|
734.70
|
Level 3 B
|
689.40
|
696.30
|
724.20
|
753.20
|
Level 3 C
|
689.40
|
696.30
|
724.20
|
753.20
|
Market Mills Electrical
|
|
|
|
|
Maintenance Operators -
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
578.30
|
584.10
|
607.50
|
631.80
|
Level 2
|
595.10
|
601.10
|
625.10
|
650.10
|
Level 3
|
646.70
|
653.20
|
679.30
|
706.50
|
Central Roll Shop
|
|
|
|
|
Maintenance Operators -
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
578.30
|
584.10
|
607.50
|
631.80
|
Level 2
|
646.70
|
653.20
|
679.30
|
706.50
|
Laboratory And Technical Services
|
|
|
|
|
Service Operators
|
|
|
|
|
Laboratories
|
|
|
|
|
Lab hand
|
564.00
|
569.60
|
592.40
|
616.10
|
Entry Level
|
578.30
|
584.10
|
607.50
|
631.80
|
Level 1
|
620.70
|
626.90
|
652.00
|
678.10
|
Level 2
|
646.70
|
653.20
|
679.30
|
706.50
|
Level 3
|
672.50
|
679.20
|
706.40
|
734.70
|
Mechanical Testing Section
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
578.30
|
584.10
|
607.50
|
631.80
|
Level 2
|
595.10
|
601.10
|
625.10
|
650.10
|
Level 3
|
646.70
|
653.20
|
679.30
|
706.50
|
Product Quality Department
|
|
|
|
|
Service Operators
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
578.30
|
584.10
|
607.50
|
631.80
|
Level 2
|
595.10
|
601.10
|
625.10
|
650.10
|
Level 3
|
646.70
|
653.20
|
679.30
|
706.50
|
Reconditioning Yard
|
|
|
|
|
Operations -
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
609.60
|
615.70
|
640.30
|
665.90
|
Level 2
|
665.80
|
672.50
|
699.40
|
727.40
|
Level 3
|
697.60
|
704.60
|
732.80
|
762.10
|
Level 4
|
715.00
|
722.20
|
751.10
|
781.10
|
Engineering Services
|
|
|
|
|
Maintenance Operators -
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
578.30
|
584.10
|
607.50
|
631.80
|
Level 2
|
620.70
|
626.90
|
652.00
|
678.10
|
Level 3
|
646.70
|
653.20
|
679.30
|
706.50
|
Level 4
|
672.50
|
679.20
|
706.40
|
734.70
|
Level 5
|
689.40
|
696.30
|
724.20
|
753.20
|
Machine Shop Group
|
|
|
|
|
Maintenance Operators -
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
578.30
|
584.10
|
607.50
|
631.80
|
Level 2
|
620.70
|
626.90
|
652.00
|
678.10
|
Level 3
|
657.70
|
664.30
|
690.90
|
718.50
|
Level 4
|
689.40
|
696.30
|
724.20
|
753.20
|
Fabricating Shop
|
|
|
|
|
Maintenance Operators -
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
595.10
|
601.10
|
625.10
|
650.10
|
Level 2
|
646.70
|
653.20
|
679.30
|
706.50
|
Technical Training Centre
|
|
|
|
|
Maintenance Operators -
|
|
|
|
|
Entry Level
|
564.00
|
569.60
|
592.40
|
616.10
|
Level 1
|
595.10
|
601.10
|
625.10
|
650.10
|
Level 2
|
646.70
|
653.20
|
679.30
|
706.50
|
Level 3
|
672.50
|
679.20
|
706.40
|
734.70
|
Maintenance
|
|
|
|
|
Electrical Tradespersons -
|
|
|
|
|
Level 1
|
692.20
|
699.10
|
727.10
|
756.20
|
Level 2
|
715.00
|
722.20
|
751.10
|
781.10
|
Level 3
|
741.70
|
749.10
|
779.10
|
810.30
|
Level 4
|
777.00
|
784.80
|
816.20
|
848.80
|
Level 5
|
812.00
|
820.10
|
852.90
|
887.00
|
Level 6
|
838.10
|
846.50
|
880.40
|
915.60
|
Level 7
|
882.30
|
891.10
|
926.70
|
963.80
|
Maintenance
|
|
|
|
|
Mechanical Tradespersons -
|
|
|
|
|
Level 1 (Matrix Position 1A)
|
674.00
|
680.70
|
707.90
|
736.20
|
Level 2 (Matrix Position 2A,1B)
|
696.50
|
703.50
|
731.60
|
760.90
|
Level 3 (Matrix Position 3A,2B,1C)
|
718.70
|
725.90
|
754.90
|
785.10
|
Level 4 (Matrix Position 4A,3B,2C)
|
745.20
|
752.70
|
782.80
|
814.10
|
Level 5 (Matrix Position 5A,4B,3C)
|
777.00
|
784.80
|
816.20
|
848.80
|
Level 6 (Matrix Position 5B,4C)
|
812.00
|
820.10
|
852.90
|
887.00
|
Level 7 (Matrix Position 5C)
|
847.20
|
855.70
|
889.90
|
925.50
|
General
|
|
|
|
|
Miscellaneous
|
|
|
|
|
Plant Office Cleaner
|
564.00
|
569.60
|
592.40
|
616.10
|
Labourer
|
564.00
|
569.60
|
592.40
|
616.10
|
Administration Office Cleaner
|
567.50
|
573.20
|
596.10
|
619.90
|
Watchman
|
604.20
|
610.20
|
634.60
|
660.00
|
Table 2 - Other
Rates And Allowances
Item
|
Clause
|
Brief Description
|
A
|
B
|
C
|
D
|
|
No.
|
No.
|
|
$
|
$
|
$
|
$
|
|
Tool Allowances
|
|
1
|
3 (a)
|
Mechanical Tradesperson
|
12.40
|
|
12.80
|
13.20
|
|
|
|
Electrical Tradesperson
|
12.40
|
|
12.80
|
13.20
|
|
2
|
3 (b)
|
Tool Allowance
|
|
|
|
|
|
|
|
First Year
|
5.20
|
|
5.40
|
5.60
|
|
|
|
Second Year
|
6.80
|
|
7.20
|
7.20
|
|
|
|
Third Year
|
9.30
|
|
9.60
|
9.90
|
|
|
|
Fourth Year
|
10.90
|
|
11.20
|
11.50
|
|
Leading Hands
|
|
3
|
4
|
Leading Hands
|
|
|
|
|
|
|
|
If in charge of not more than
|
30.30
|
30.60
|
31.80
|
33.10
|
|
|
|
seven employees
|
|
|
|
|
|
|
|
If in charge of more than seven
|
45.70
|
46.20
|
48.00
|
49.90
|
|
|
|
employees but not more than
|
|
|
|
|
|
|
|
seventeen employees
|
|
|
|
|
|
|
|
If in charge of more than
|
58.10
|
58.70
|
61.00
|
63.40
|
|
|
|
seventeen employees
|
|
|
|
|
|
Special Rates
|
4
|
5 (i) (a)
|
Pressure welding certificates
|
7.40
|
|
7.60
|
7.80
|
|
|
Each additional certificate
|
1.75
|
|
1.80
|
1.90
|
5
|
(b)
|
Electrical Trades Licence
|
|
|
|
|
|
|
‘A" Grade
|
29.60
|
|
30.50
|
31.40
|
|
|
‘B’ Grade
|
16.00
|
|
16.50
|
17.00
|
6
|
(c)
|
Scaffolders Licence
|
|
|
|
|
|
|
Class 1 and 2
|
7.40
|
|
7.60
|
7.80
|
|
|
Class 3 and 4
|
4.20
|
|
4.30
|
4.40
|
Disability Rates
|
7
|
6 (i) (a)
|
Hot places -
|
|
|
|
|
|
|
Elec. & Mech.
|
|
|
|
|
|
|
Temp. 46-54 degrees C
|
0.43
|
|
0.44
|
0.45
|
|
|
Temp exceeds 54 degrees C
|
0.56
|
|
0.58
|
0.60
|
8
|
(b)
|
Hot work
|
0.49
|
|
0.50
|
0.52
|
9
|
(c)
|
Wet places
|
|
|
|
|
|
|
Electrical trades
|
2.45
|
|
2.52
|
2.60
|
|
|
Employee
|
1.70
|
|
1.75
|
1.80
|
10
|
(d)
|
Wet work - mechanical trades
|
0.43
|
|
0.44
|
0.45
|
11
|
(e)
|
Dirty Work
|
0.43
|
|
0.44
|
0.45
|
12
|
(f)
|
Confined Spaces
|
0.58
|
|
0.60
|
0.62
|
13
|
(g)
|
Height Money
|
0.32
|
|
0.33
|
0.34
|
14
|
(h)
|
Oil Tanks
|
0.43
|
|
0.44
|
0.45
|
15
|
(i)
|
Explosive Power Tools
|
0.14
|
|
0.15
|
0.15
|
|
|
|
1.13
|
|
1.16
|
1.19
|
16
|
(j)
|
Slag Wool
|
0.57
|
|
0.59
|
0.61
|
17
|
(k)
|
Demolition
|
3.60
|
|
3.71
|
3.82
|
18
|
(l)
|
An employer when painting
|
0.56
|
|
0.58
|
0.60
|
|
|
internal surfaces of salt water
|
|
|
|
|
|
|
pipe line
|
|
|
|
|
19
|
(m)
|
Smoke Boxes
|
0.32
|
|
0.33
|
0.34
|
Electrical
Tradespersons
|
20
|
6 (ii) (a)
|
High places - 15 metres or more
|
0.47
|
|
0.48
|
0.49
|
|
(1)
|
For each additional 15 metres
|
0.47
|
|
0.48
|
0.49
|
21
|
(2)
|
Working in a bosun’s hair or
|
0.47
|
|
0.48
|
0.49
|
|
|
swinging scaffold at 15 metres
|
|
|
|
|
|
|
or more
|
|
|
|
|
22
|
(b) (3)
|
Toxic substances - use of
|
0.57
|
|
0.59
|
0.61
|
|
|
Employees working in close
|
0.47
|
|
0.48
|
0.49
|
|
|
proximity
|
|
|
|
|
Maintenance
|
23
|
6 (iv) (a)
|
Spray Painting
|
0.49
|
|
0.50
|
0.52
|
24
|
(b) (1)
|
Obnoxious Substances
|
0.61
|
|
0.63
|
0.65
|
|
|
Prep and/or application of epoxy
|
|
|
|
|
|
|
based materials
|
|
|
|
|
25
|
(2)
|
Application in buildings which
|
0.39
|
|
0.40
|
0.41
|
|
|
are normally air conditioned
|
|
|
|
|
26
|
(4)
|
Employees working in close
|
0.49
|
|
0.50
|
0.52
|
|
|
proximity
|
|
|
|
|
Shift Allowances
|
|
|
Shift work allowance for shift
|
A
|
B
|
C
|
D
|
|
|
workers
|
|
|
|
|
27
|
8 (a)
|
Rotating shift
|
67.20
|
67.90
|
70.60
|
73.40
|
28
|
8 (a)
|
When at least one-third of their
|
44.80
|
45.20
|
47.00
|
48.90
|
|
|
working time in the full cycle of
|
|
|
|
|
|
|
the roster is on day shift
|
|
|
|
|
29
|
8 (b)
|
Allowance whilst working shift
|
|
|
|
|
|
|
work which involves regular
|
|
|
|
|
|
|
weekly changes as follows:-
|
|
|
|
|
|
|
Day shift, night shift
|
67.20
|
67.90
|
70.60
|
73.40
|
|
|
Day shift, afternoon shift
|
57.20
|
57.80
|
60.10
|
62.50
|
|
|
Day shift, day shift, afternoon
|
57.20
|
57.80
|
60.10
|
62.50
|
|
|
shift
|
|
|
|
|
|
|
Day shift, day shift, night shift
|
57.20
|
57.80
|
60.10
|
62.50
|
|
|
Junior shift workers when
|
67.20
|
67.90
|
70.60
|
73.40
|
|
|
working under any of the shift
|
|
|
|
|
|
|
systems set out above
|
|
|
|
|
30
|
(c)
|
Allowance for the following
|
|
|
|
|
|
|
shift systems:-
|
|
|
|
|
30
|
(1)
|
Night shift, afternoon shift
|
89.40
|
90.30
|
93.90
|
97.70
|
|
(2)
|
Night shift only
|
89.40
|
90.30
|
93.90
|
97.70
|
|
(3)
|
Afternoon shift only
|
89.40
|
90.30
|
93.90
|
97.70
|
31
|
(d)
|
Work on any afternoon or night
|
27.00
|
27.30
|
28.40
|
29.50
|
|
|
shift other than the shift systems
|
|
|
|
|
|
|
in (a) (b) or (d) and are not paid
|
|
|
|
|
|
|
in respect of any day shift
|
|
|
|
|
Overtime
|
32
|
13 (iii) (f)
|
Meal allowance overtime
|
9.70
|
|
Cpi
|
Cpi
|
|
(2)
|
|
|
|
|
|
33
|
13 (iii) (g)
|
Meal allowance recalled to work
|
9.70
|
|
Cpi
|
Cpi
|
|
(2)
|
|
|
|
|
|
Apprentices - Wages
Four Year Term
|
34
|
36 (iv) (a)
|
First Year
|
290.90
|
293.80
|
305.60
|
317.80
|
|
|
Second Year
|
375.90
|
379.70
|
394.90
|
410.70
|
|
|
Third year
|
500.30
|
505.30
|
525.50
|
546.50
|
|
|
Fourth year
|
573.70
|
579.40
|
602.60
|
626.70
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Appendix 1
PAYMENT FOR
TRAINING AGREEMENT
1. Scope Of
Agreement
This agreement applies to Company authorised training
to allow employees to:
(a) carry out the
full range of duties of their current classification, and/or
(b) progress
within the appropriate Employee Job Development model.
provided that the employee's attendance at authorised training
has been approved by supervision after consideration of the employee's and
Company's needs, including operational requirements. Any refusal by supervision
to grant such approval is subject to review under the established procedure for
resolving industrial claims, issues and disputes or other local arrangements.
This agreement does not apply to training which is
generally not associated with:
(a) allowing
employees to carry out the full range of duties of their current classification
and/or
(b) the
appropriate Employee Job Development model
such as occupational health and safety committee
training, trade union training, full time training (e.g. apprentices) or
training such as that covered by the Approved Student and Cadet Schemes and
University Degrees.
So far as is reasonably practicable, having regard to
operational requirements and the need to minimise labour costs additional to
those of the employee's paid ordinary hours, an employee's training shall be
done during the employee's ordinary hours of work (including where appropriate
by rescheduling those hours).
2. Payments
Where with the approval of the Company an employee
attends training authorised by the Company, the employee's attendance will be
on the following basis:
(a) TAFE and other
externally provided training whether conducted on or off the plant
(i) during
ordinary working hours - no deduction from the employee's ordinary wage;
(ii) outside
ordinary working hours - attendance and payment at single time payment will be
approved in accordance with the needs of the authorised training. Generally
this training will not exceed six hours per week except that additional
training may be approved and single time payment will be made if exceptional
training requirements exist.
(b) Other
classroom training -
(i) during
ordinary working hours - no deduction from the employee's ordinary wage;
(ii) outside
ordinary working hours single time payment.
(c) Computer aided
or computer based training during ordinary working hours - no deduction from
the employee's ordinary wage.
(d) Computer aided
or computer based training outside ordinary working hours - single time payment
for the time spent training up to the maximum of the course duration as
determined by the course designer or course coordinator. No payment will be
made for time beyond that duration. Any refusal of payment is subject to review
under the established procedure for resolving industrial claims, issues and disputes
or other local arrangements.
(e) On-the-job
training:
(i) during
ordinary working hours - no deduction from the employee's ordinary wage;
(ii) outside
ordinary working hours single time payment for the employee's initial training
period. However, once the employee has completed the initial training period
and commences experience training the appropriate Award overtime rates of pay
will apply.
For the purposes of 2(e)(ii) above:
(i) "initial
training" is the training which an employee undertakes to the point where
the employee's supervision is satisfied that the employee has acquired
sufficient knowledge and understanding of a skill, task or function to perform
that skill, task or function; and
(ii) "experience
training" is the training, if applicable, following initial training
during which an employee is gaining experience in the skill, task or function
which is required for the purpose of accreditation.
3. Repeat
Training
(a) If an employee
fails to pass an accreditation stage:
(i) But has
genuinely applied himself/ herself to training (as determined by supervision),
supervision will authorise and pay the employee for additional training at a
mutually agreed time (which fits in with the employee's departmental
requirements and does not disadvantage other employees).
(ii) And has not
made a genuine effort (as determined by supervision), the employee will be
placed at the bottom of the training waiting list for that training
requirement. The employee will not be paid for repeat training outside ordinary
working hours and, unless circumstances require a different approach, repeat
training will not be arranged during ordinary working hours.
(b) Repeated
failure will result in counselling by supervision to determine a solution.
(c) Any disputes
arising in relation to 3(a)(i), (ii) or (b) will be progressed through the
established procedure for resolving industrial claims, issues and disputes or
other local arrangements.
4. Refresher
Training
In the case of an employee who is undertaking
authorised refresher training (e.g. a forklift driver who has not driven a
forklift for five years), the employee will receive payment in accordance with
the appropriate payment for training provision in (2) above.
5. Definitions
(a) Ordinary working
hours means:
the employee's normal working hours in the case of a
dayworker.
the employee's rostered on shifts in the case of a
shiftworker.
the employee's rescheduled . on shifts in the case of a
shiftworker whose shifts have been rescheduled for the purposes of approved
training.
(b) "Ordinary
wage" means the employee's ordinary award wage (including shift and
weekend premiums and any allowances but excluding disability allowances if
these are not experienced) and bonus. It is paid for time spent in tuition,
travelling and examination only.
(c) "Single
time payment" means the employee's ordinary award wage and bonus and
excludes shift and weekend premiums, overtime, special rates, etc. It is paid
for time spent in tuition and examination only.
(d) "Classroom
training" means training conducted by a trainer, supervisor or other
suitably qualified person in any training centre, conference room, crib room or
office.
6. Miscellaneous
(a) An employee is
training until he/she receives accreditation for the skills being learned.
(b) Where an
employee is required to travel from work, during ordinary working hours, to
attend Technical and Further Education Commission or other externally provided
training, or travel from training back to work, the employee shall be allowed
up to 30 minutes travelling time. This travelling time will be paid at the
employee's ordinary wage.
If the travelling time is outside the employee's
ordinary working hours, no payment will be made.
(c) Employees will
not be expected to work excessive hours and attend training at the same time
(i.e. an employee will not be expected to work and train on sequence of
doublers).
7. Exceptions To
(2) Above
(a) If an employee
is required to attend authorised training outside ordinary working hours on a
Saturday, Sunday, Public Holiday, or rostered day off, the employee shall be
entitled to the appropriate penalty payments, or by agreement, time off in
lieu.
For the purposes of 7(a) above
(i) "appropriate
penalty payments" means the appropriate award overtime payments;
(ii) shift
allowance is not paid on any shift; and
(iii) "time
off in lieu" is equal time not penalty time (e.g. if an employee trains
for 8 hours on a Saturday and it is agreed that the employee has time off in
lieu the employee has 8 hours off work).
(b) Employees
attending authorised training on compulsory ring roster days" or 21st
shifts" will be paid according to their roster (i.e. overtime rates).
(c) Employees
asked to remain at work or attend work outside their ordinary working hours for
the purpose of performing work shall be paid overtime. If, during such work,
training is carried out (e.g. during a mechanical breakdown) the employee will
continue to be paid overtime for the training period.
(d) No payment
will be made for:
(i) time spent in
personal study and/or private tuition.
(ii) time spent
enrolling in authorised external courses (e.g. TAFE).
(iii) time spent in
preparation of assignments.
(iv) waiting time
between courses.
(v) time spent on
text based self guided learning.
8. Payment Of
Course Fees
Unless an employee has failed to complete training
through insufficient effort or application the Company will reimburse to the
employee the cost of any authorised training fees associated with authorised
training. Textbooks and other material associated with the training will be
paid by the employee.
9. Award
Provisions
The award provisions covering transfer of day workers
to shift work, transfer of shift workers and transportation home from the plant
when reasonable means of transport are not available shall apply to employees
required to train.
Appendix 2
PERFORMANCE
RECOGNITION PAYMENTS SCHEME
1. Parties To
The Agreement.
This Agreement between OneSteel Manufacturing Pty Ltd
Rod & Bar and the Unions stated below ("the parties") provides
for a system of Performance Recognition Payments to be made quarterly to
employees.
Unions party to this Agreement:
The Australian Workers Union, New South Wales
The Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch
The Electrical Trades Union of Australia, New South
Wales Branch, and
2. Purpose Of
The Agreement
The parties acknowledge that the continued viability of
the OneSteel Manufacturing Rod & Bar Mills is dependent on achieving
significant gains in Business Performance.
Hence, maintenance of existing benefits and the introduction of
additional payments can only be justified and financially supported through
constantly improving business performance.
Therefore it is the purpose of the Agreement to assist
in achieving the critical business plan objectives. To this end, the parties commit themselves to co-operating in
measures to achieve lower operating costs, improved quality, improved delivery
performance and increased productivity, all of which will contribute to
improved business performance and job security. Recognise the contribution of
employees to improved performance as this occurs.
3. Quarterly Lump
Sum Payment
In addition to other payments, there shall be a
quarterly performance recognition payment directly related to business
performance improvements as indicated by the performance against set targets.
The performance measures operating will be focused on
specific critical improvement targets identified in the Business Plan. The
specific measures and the targets will be reviewed at least annually following
completion of the site Business Plan for each financial year, but may be
reviewed more often if circumstances dictate such a need.
Payments under the scheme will be made at the end of
each quarter, based on performance outcome against the targets and will be
calculated as a percentage of each eligible employee's gross earnings for the
quarter.
For the purpose of calculating payments under this
scheme, gross earnings shall be defined as award rates, bonus, overtime
payments, shift allowances and payments for periods of leave in that quarter.
Payments of up to 4.5% of quarterly gross earnings will
be made for attainment of reasonably achievable performance targets; these
payments can reach 5.5% in any quarter for achievement of exceptional levels of
performance.
There shall be provision for a "top up"
payment, to the 4.5% reasonably achievable level, in the final quarter of each
year should the payments made for the individual quarters not reflect the full
year's performance.
In the event of a catastrophe (such as a major fire)
which occurs after targets have been set for a quarter, there will be a review
of the targets so they remain reasonably achievable, notwithstanding the
effects of the catastrophe.
4. Eligibility
For Payment
Payments will be made to employees of OneSteel Manufacturing
Pty Ltd in full-time or part-time employment on the Company's payroll at the
end of the business quarter for which the payment is being made.
Full-time or part-time employees who leave at any time
during a business quarter, other than those dismissed, will be eligible to
participate in the scheme for that quarter. Only those eligible leavers who
terminate during the final quarter of this scheme will be eligible for
participation in the final quarter payment calculation referred to in Clause 3
above.
Individuals who have had their employment terminated
due to extended compensation but who receive compensation payments through the
payroll system are not entitled to participate in the scheme.
5. Procedures
For Resolving Claims, Issues And Disputes
The parties to this agreement recognise that industrial
disputation is damaging to the business and employees alike. It places at risk both the long term
viability of the business and the employment security that it currently
provides. It is also recognised that
industrial stoppages will significantly reduce the potential payments flowing
to employees from this scheme.
The parties acknowledge the procedures for resolving
claims, issues and disputes as an Award clause and obligation to be observed by
management, employees and the unions. It is the objective of the parties to
this agreement that all issues and disputes shall be resolved through the
agreed procedures without interruption to work.
6. Monitoring Of
This Agreement
Each Department will undertake regular communication
with employees and display and regularly update written reports/charts
regarding performance of the measure(s) against the targets set. The parties agree to treat information
relating to business performance as confidential.
Should the situation arise whereby payment for a
quarter is significantly reduced, the parties will attempt to reach a common
understanding of what factors have impacted on payment and set in place actions
aimed at correcting performance. Should a dispute arise with respect to reduced
payment under this scheme, the matter will be progressed by the parties through
the Procedures for Resolving Claims, Issues and Disputes.
This agreement shall be subject to the "No extra
claims" commitment in the terms given in this award.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.