ONESTEEL WIRE PTY LTD NEWCASTLE WIREMILL AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by OneSteel Wire Pty Ltd.

 

(No. IRC 4230 of 2005)

 

 

AWARD

 

PART A

 

Clause No.         Subject Matter

 

1.         Basic Wage

2.         Rates Of Pay

3.         Leading Hands

4.         Mixed Functions

5.         Special Rates

6.         Electrical Tradespersons - Special Rates

7.         Maintenance - Special Rates

8.         Hours Of Duty

9.         Shift Work Allowances For Shift Workers

10.       Saturday Rates For Shift Workers

11.       Night Work For Day Workers And Day Shift Workers

12.       Transfer Of Day Workers From Day Work To Shift Work

13.       Transfer Of Shift Workers

14.       Overtime

15.       Payment For Training

16.       Requirement To Work In Accordance With The Needs Of The Industry

17.       Holidays

18.       Sunday And Holiday Rates

19.       Shift Workers Whose Working Period Includes Sundays And Holidays As Ordinary Working Days

20.       Maximum Payment

21.       Employees Presenting Themselves For Work And Not Required

22.       Junior Labour Unapprenticed

23.       Sick Pay

23a.     State Personal/Carer's Leave Case - August 1996

23b.     Anti-Discrimination

24.       Annual Leave

25.       Days Added To The Period Of Annual Leave Or Long Service Leave

26.       Long Service Leave

27.       Jury Service

28.       Compassionate Leave

29.       Contract Of Employment

30.       Automation

31.       Redundancy

32.       Retention Of Rates

33.       Definitions

34.       Time And Payment Of Wages

35.       Union Delegates

36.       Payroll Deduction of Union Dues

37.       Safety Glasses, Hearing Protection And Gloves

38.       Tools

39.       Return Of Company's Property

40.       Procedure For Resolving Claims, Issues And Disputes

41.       Enterprise Arrangements And Award Changes

42.       Supplementary Labour - Rates Of Pay

43.       Transition Arrangements For Retiring Shift-Workers

44.       Apprentices

45.       Performance Recognition Payments Scheme

46.       Flexible Remuneration

47.       Parental Leave

48.       Wage Support for Extended Periods Of Illness Or Injury

49.       Superannuation - Choice of Fund

50.       No Extra Claims Commitment

51.       Commitment to Ongoing Business Improvement

52.       Area, Incidence And Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Table 2 - Other Rates And Allowances

 

Appendix 1 - Performance Recognition 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.

 

The said basic wage may be varied by the Industrial Relations Commission of New South Wales under subclause (2) of clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional and Other Provisions, of the Industrial Relations Act 1996.

 

A reference in this award to the adult basic wage is to be read as a reference to the adult basic wage currently in force under the said clause 15.

 

2.  Rates of Pay

 

(i)         Adult employees - The minimum award rate of pay of any classification shall, subject to the other provisions of this award, be the award rate attached to that classification as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

(ii)        In addition to the minimum rates of pay prescribed by this clause, employees receive payments pursuant to the applicable bonus scheme.

 

(iii)       Junior Employees - Unapprenticed - The minimum rate of pay shall, subject to the other provisions of this award, be the percentage of the 38-hour weekly wage prescribed for the classification Wireworker Level 1 appearing in Table 1- Wages, of the said Part B, calculated to the nearest 10 cents, any broken part of 10 cents in the result not exceeding 5 cents to be disregarded.

 

Provided that juniors operating any machines and juniors called upon to lift weights of 18 kgs or over (where lifting is permitted by the Occupational Health and Safety Act 2000), shall be paid the amount per 38-hour week as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the rates set out in Table 1 - Wages.

 

(iv)       Tool allowance -

 

(a)        Engineering and electrical tradespersons shall be paid an allowance for supplying and maintaining tools ordinarily required in the performance of their work as tradespersons. The allowance per week shall be as set out in Item 2 of the said Table 2 for engineering tradespersons employed in the plumbing stream and the amount per week as set out in the said Item 2 for all others. The allowance shall apply for all purposes of the award.

 

(b)        Where it was the practice, as at 5 November 1979, for the employer to provide all tools ordinarily required by tradespersons in the performance of their work, the employer may continue that practice and in that event the allowance prescribed in paragraph (a) of this subclause shall not apply to such tradespersons.

 

(c)        Notwithstanding paragraphs (a) and (b) of this subclause, an employer shall provide for the use of tradespersons all necessary power tools, special-purpose tools, precision measuring instruments and, for sheetmetal workers, snips used in the cutting of stainless steel, monel metal and similar hard metals.

 

(d)        Tradespersons shall replace or pay for any tools supplied by their employer if lost through their negligence.

 

(v)        Electrical tradesperson's licence allowance - An additional amount per week as set out in Item 3 of Table 2 shall be paid to an employee employed and working as an electrical tradesperson and possessing the Qualified Supervisor's Certificate (Electrician) or a Certificate of Registration (Electrician) issued by the appropriate authority.

 

(a)        This amount shall be paid for all purposes of the award.

 

3.  Leading Hands

 

(i)         Employees in the wireworker model and the electrical and building related streams of engineering, appointed by the Company as leading hands, shall be paid additional amounts as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        Employees in the serviceperson model and the mechanical and fabrication streams of engineering appointed as leading hands shall be paid additional amounts as set out in Item 5 of the said Table 2.

 

4.  Mixed Functions

 

Employees shall retain the rate of their ordinary classification for all work performed by them.

 

5.  Special Rates

 

In addition to the rates of pay prescribed in clause 2, Rates of Pay, the following special rates and allowances shall be paid to employees in building streams and to servicepersons. The provisions of clauses 6, Electrical Tradespersons - Special Rates, and 7, Maintenance - Special Rates, shall not apply to such employees.

 

(i)         Hot Work -

 

(a)        Hot work is work done in places where the temperature raised by artificial means is above 49 degrees Centigrade.

 

(b)        Bricklayers and their assistants, whilst engaged on hot work, shall receive an additional rate as set out in Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        Wet Places -

 

(a)        Employees required to work in wet places where the depth of water is such that the top of hip boots supplied by the Company do not afford protection shall be paid the amount per day or shift or part thereof as set out in Item 7 of Table 2.

 

(b)        This clause shall not apply to drainers and their assistants.

 

(iii)       Other Special Rates -

 

(a)        Explosive-powered Tools - Employees required to use explosive-powered tools shall be paid the amount per hour extra as set out in Item 8 of Table 2, with a minimum payment as set out in the said Item 8.

 

(b)        A plumber engaged on any chokage necessitating the opening up of any soil, waste or drain pipes or scuppers conveying sewage shall be paid, in addition, the amount per day or shift or part thereof as set out in Item 9 of Table 2.

 

1.         A plumber shall, if required to computer quantities or make up estimates, be paid the amount per hour as set out in the said Item 9, in addition to their ordinary rates of pay.

 

2.         plumber who works in a place the dimensions or nature of which necessitates working in a cramped position or without sufficient ventilation shall be paid the amount per hour as set out in the said Item 9.

 

3.         A plumber who is called upon to handle charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool or other recognised insulation material of a like nature or working in the immediate vicinity so as to be affected by the use thereof, shall be paid the amount per hour or part thereof as set out in the said Item 9.

 

(c)        When work is performed on a swinging scaffold, swinging stage or rope ladder at a height of 7.5 metres above ground level or in a bosun's chair by a plumber or labourer assisting a plumber they shall be paid, in addition, the amount per day or shift or part thereof as set out in the said Item 9.

 

(d)        A plumber may receive the following:

 

1.         When required to act on his/her plumber's licence, the amount per hour as set out in Item 10 of Table 2.

 

2.         When required to act on his/her gasfitter's licence, the amount per hour as set out in Item 10.

 

3.         When required to act on his/her drainer's licence, the amount per hour as set out in Item 10.

 

4.         When required to act on his/her plumber's and gasfitter's licence, the amount per hour as set out in Item 10.

 

5.         When required to act on his/her plumber's and drainer's licence, the amount per hour as set out in Item 10.

 

6.         When required to act on his/her gasfitter's and drainer's licence, the amount per hour as set out in Item 10.

 

7.         When required to act on his/her plumber's, gasfitter's and drainer's licence, the amount per hour as set out in Item 10.

 

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

 

(e)        Employees who may be required by their employer to act on any of their licence or licences during the course of their employment shall be paid at the rate per hour mentioned in this award for every hour of their employment, whether they have in any hour in fact acted on such licence or not.

 

(f)         The provisions of subclause (i) of clause 20, Maximum Payment, shall not apply to the rates prescribed by this subclause.

 

(iv)       Applying Obnoxious Substances -

 

(a)        A serviceperson engaged in either the preparation and/or the application of epoxy based materials or materials of a like nature shall be paid per hour extra the amount as set out in Item 11 of Table 2.

 

(b)        In addition, a serviceperson applying such material in buildings which are normally air conditioned shall be paid per hour extra the amount as set out in the said Item 11 for any time worked when the air conditioning plant is not operating.

 

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

 

(d)        Servicepersons working in close proximity to employees so engaged shall be paid per hour extra the amount as set out in the said Item 11.

 

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

 

(v)        Special Rates not Cumulative - Where more than one of the above rates provide payment for disabilities of substantially the same nature then only the highest of such rates shall be payable.

 

(vi)       A plumber, licensed plumber and/or lead burner who is the holder of a certificate of registration under the Plumbers, Gasfitters and Drainers Act 1979 shall be paid a registration allowance at the rate per hour as set out in Item 12 of Table 2 on the production of such certificate. The allowance shall be paid for all purposes of the award with the exception of clause 10, Saturday Rates for Shift Workers, clause 11, Night Work for Day Workers and Day Shift Workers, clause 14, Overtime, and clause 18, Sunday and Holiday Rates, in which cases it shall be paid as a flat rate for all hours worked; provided that, until such time as the machinery is set up for the issuing of certificates of registration, the allowance will be paid to plumbers, licensed plumbers and/or lead burners for whom registration will be required.

 

6.  Electrical Tradespersons - Special Rates

 

In addition to the rates of pay prescribed in clause 2, Rates of Pay, the following special rates and allowances shall be paid to electrical tradespersons:

 

(i)         Hot Places - Electrical tradespersons working for more than one hour in the shade in places where the temperature is raised by artificial means to between 46 degrees Centigrade and 54 degrees Centigrade - the amount per hour extra as set out in Item 13 of the said Table 2; in places where the temperature exceeds 54 degrees Centigrade - the amount per hour extra as set out in the said Item 13. Where work continues for more than two hours in temperatures exceeding 54 degrees Centigrade employees shall be entitled to 20 minutes' rest after every two hours, without deduction of pay. The temperature shall be decided by the supervisor of the work after consultation with the employee who claims the extra rate.

 

(ii)        High Places -

 

(a)        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 be paid a height allowance per hour as set out in the said Item 13 and an additional amount per hour as set out in Item 13 for each further 15 metres increase in the height at which work is performed.

 

(b)        Electrical tradespersons working on any building or structure in a bosun's chair or swinging scaffold at a height of up to 15 metres directly above a substantial level surface shall be paid a height allowance per hour as set out in the said Item 13 and an additional amount per hour as set out in Item 13 for each further 15 metres increase in the height at which work is performed.

 

(iii)       Dirty Work - Electrical tradespersons engaged on work which a supervisor and employee shall agree is of an unusually dirty or offensive nature shall be paid the amount per hour extra as set out in the said Item 13. In the case of disagreement between the supervisor and employee the employee or shop steward on their behalf shall be entitled, within 24 hours, to ask for a decision on the employee's claim by the Company's Industrial Officer. In such case a decision shall be given on the employee's claim within 48 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 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.

 

(iv)       Confined Spaces - Electrical tradespersons working in confined spaces (as defined) - an amount per hour extra as set out in the said Item 13.

 

(v)        Wet Places - Electrical tradespersons required to work in wet places when the depth of water is such that the top of hip boots supplied by the Company do not afford protection shall be paid, in addition, the amount per day or shift or part thereof as set out in the said Item 13.

 

(vi)       Explosive-powered Tools - Electrical tradespersons required to use explosive-powered tools shall be paid an amount per hour extra as set out in the said Item 13, with a minimum payment as set out in Item 13.

 

(vii)      Toxic Substances -

 

(a)        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.

 

(b)        Electrical tradespersons using such materials will be provided with, and shall use, all safeguards as are required by the appropriate Government authority.

 

(c)        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 be paid an amount per hour extra as set out in the said Item 13. Electrical tradespersons working in close proximity to employees so engaged so as to be affected by the use of such substances or materials shall be paid an amount per hour extra as set out in Item 13.

 

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

 

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

 

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

 

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

 

(ix)       Special Rates not Cumulative - Where more than one of the above rates provide payments for disabilities of substantially the same nature, only the highest of such rates shall be payable.

 

7.  Maintenance - Special Rates

 

In addition to the rates of pay prescribed in clause 2, Rates of Pay, the following special rates and allowances shall be paid to employees in the mechanical and fabricating streams and to servicepersons. The provisions of clause 5, Special Rates, and clause 6, Electrical Tradespersons - Special Rates, shall not apply to such employees.

 

(i)         Confined Space - Working in confined space (as defined) - the amount per hour extra as set out in Item 14 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        Dirty Work - Work which a supervisor and employees shall agree is of an unusually dirty or offensive nature - the amount per hour extra as set out in the said Item 14.

 

In the case of disagreement between the supervisor and the employee, the employee or a shop steward on the employee's behalf shall be entitled, within 24 hours, to ask for a decision on the employee's claim by the Company's Industrial Officer. In such case a decision shall be given on the employee's claim within 48 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 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.

 

(iii)       Hot Places - Working for more than one hour in the shade in places where the temperature is raised by artificial means to between 46 degrees Centigrade and 54 degrees Centigrade - the amount per hour extra as set out in the said Item 14; in places where the temperature exceeds 54 degrees Centigrade - the amount per hour as set out in Item 14.

 

Where work continues for more than two hours in temperatures exceeding 54 degrees Centigrade employees shall be entitled to 20 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.

 

(iv)       Explosive-powered Tools - Employees required to use explosive- powered tools shall be paid the amount extra per hour as set out in the said Item 14, with a minimum payment as set out in the said Item 14.

 

(v)        Slag Wool - Employees handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise shall, when so employed on the construction, repair or demolition of furnaces, walls, floors and/or ceilings, be paid per hour extra as set out in the said Item 14.

 

(vi)       Special Rates Not Cumulative - Where more than one disability entitling an employee to extra rates exists on the same job, the employer shall be bound to pay only the one rate, namely, the highest for the disability so prevailing. Provided that this subclause shall not apply to confined space, dirty work or hot places, the rates for which shall be cumulative.

 

(vii)      Rates Not Subject to Penalty Additions - The special rates herein prescribed shall be paid irrespective of the times at which the work is performed and shall not be subject to any premium or penalty additions.

 

(viii)     Definition - "Confined Space" means a compartment, space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation and, subject thereto, includes such a space inside boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, superheaters or economisers.

 

8.  Hours of Duty

 

(i)         All Employees - Ordinary working hours shall be an average of 38 hours per week over the full cycle of the relevant work roster. Ordinary working hours shall not exceed:

 

(a)        8 during any consecutive 24 (or 12 where, by agreement, 12 hour shift arrangements are operating); or

 

(b)        152 in 28 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)        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.

 

(iii)       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 arrangements, two twenty minute crib breaks approximately 4 hours apart (or equivalent arrangements by agreement) will be taken.  Each crib break will be taken in accordance with the needs of the operation and will be counted as time worked.

 

(iv)       Shift Workers - Twenty minutes shall be allowed each shift for crib which shall be counted as time worked.

 

9.  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 allowances as follows:

 

Shift workers whilst working rotating shifts with regular weekly changes shall be paid at the rate per 38-hour week as set out in Item 15 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 for at least one-third of their working time in the full cycle of the roster being on day shift, shall be paid an additional amount per week as set out in the said Item 15, 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.

 

Shift workers whilst working shift work which involves regular weekly changes as follows:

 

1.          day shift, night shift;

 

2.          day shift, afternoon shift;

 

3.          day shift, day shift, afternoon shift;

 

4.          day shift, day shift, night shift; or

 

5.          junior shift workers when working under any of the shift systems set out in subparagraphs (1) to (4) of this paragraph, shall be paid as set out in the said Item 15.

 

Adult shift workers whilst working shift work on shift systems as follows:

 

6.          night shift, afternoon shift;

 

7.          night shift only;

 

8.          afternoon shift only, shall be paid as set out in the said Item 15.

 

Shift workers who work any afternoon or night shift other than under the shift systems set out in paragraphs (a), (b) and (c) of this subclause, and are not paid in respect of any day shift worked shall be paid per shift at the rate as set out in the said Item 15, for each afternoon or night shift worked.

 

(ii)        "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m., or in the case of 12 hour shift system, subsequent to 8 pm. and at or before 8 am.

 

10.  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.

 

11.  Night Work for Day Workers and Day Shift Workers

 

(i)         Subject to clause 20, Maximum Payment, but otherwise notwithstanding anything contained herein:

 

a day worker who is required, in lieu of ordinary day work; or

 

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 on 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 specified in clause 2, Rates of Pay, except on Saturdays, Sundays, 38-hour week rostered off days and holidays; and

 

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 4.00 p.m. and 8.00a.m., 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.

 

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

 

Day workers may be employed as, and become, 8 hour 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 off shift and 12 hour shift workers for no less than one week, and be paid accordingly.

 

Provided that an employee shall be paid at overtime rates for any shift upon which they are employed as a shift worker under this clause is respect of which they have not been given at least 48 hours notice.

 

13.  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.

 

14.  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:

 

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

 

on more than 11 shifts in 12 consecutive days; or

 

on a rostered shift off;

 

or 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 is 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 work is necessary it shall, wherever reasonably practicable, 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 these times shall, subject to this subclause, be released after the 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 instruction of the Company, such an employee resumes or continues working without having had such eight consecutive hours off duty they shall be paid at double rates until they are released from duty for such period and they 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 a holiday, or a Monday-to-Saturday shift worker 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) of this subclause.

 

(c)        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 16 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for each meal.

 

(d)        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.

 

(e)        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 their home; or

 

(B)       a place to which they usually travel by public conveyable 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 in reaching their home.

 

(f)         An employee who is recalled 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 17 of Table 2 for each meal.

 

(iv)       For the purposes 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.

 

15.  Payment for Training

 

Notwithstanding the provisions of clause 14, Overtime, approved attendance at authorised training courses will be paid as set out below:

 

(i)         During Ordinary Working Hours - No deduction from the ordinary weekly wage (award and bonus) for absence due to time spent in tuition, travelling or examination.

 

(ii)        Outside Ordinary Working Hours - Single-time payment of ordinary wage rate (award and bonus but excluding shift penalties, overtime, etc.) will apply to time spent in tuition or examination only. Payment will not be made to an employee for additional training time which is authorised for reasons such as repeating previously authorised training.

 

16.  Requirement 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 a Sunday and a holiday, at the rates prescribed by this award, and, unless reasonable excuse exists, the employee shall work in accordance with such requirement.

 

(ii)        Subject to clause 12, Transfer of Day Workers from Day Work to Shift Work, and clause 13, Transfer of Shift Workers, for the purpose of meeting the needs of the industry the Company may require an employee to transfer from one system of work to another system of work, prescribed by this award, at the rate applicable thereto, and, unless reasonable excuse exists, the employee shall transfer in accordance with such requirement.

 

17.  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 for 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, and at an extra rate calculated in accordance with subclause (iii) of this clause.

 

(ii)        This provision for payment does not apply to:

 

(a)        employees whose rostered shift off falls on a holiday (subject to the provisions of paragraph (b) of subclause (ii) of clause 25, Days Added to the Period of Annual Leave or Long Service Leave);

 

(b)        employees absent without leave or reasonable excuse on the working day preceding or the working day succeeding a holiday.

 

(iii)       In addition to payments outlined in subclause (i) of this clause, employees shall also be paid a bonus under the applicable bonus scheme.

 

(iv)       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.

 

18.  Sunday and Holiday Rates

 

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

 

19.  Shift Workers Whose Working Period Includes Sundays and Holidays as Ordinary Working Days

 

No working period shall include Sundays and holidays as ordinary working days, except for the following shift workers:

 

(i)         Firemen,

 

(ii)        Watchmen, changehouse and first-aid attendants.

 

20.  Maximum Payment

 

(i)         Shift allowance and special rates shall not be subject to any premium or penalty additions.

 

(ii)        All rates prescribed by this award shall not exceed double the rates prescribed by clause 2, Rates of Pay, or clause 3, Leading Hands, provided that this subclause shall not apply to any excess due to payments under clauses 5, Special Rates, 6, Electrical Tradespersons - Special Rates, 7, Maintenance - Special Rates, 9, Shift Work Allowances for Shift Workers, or 18, Sunday and Holiday Rates (in respect of work done on holidays).

 

21.  Employees Presenting Themselves for Work and Not Required

 

Subject to the provisions of clause 29, Contract of Employment, employees who present themselves for their ordinary work without notice that they will not be required, shall be paid at least four hours' pay.

 

22.  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 21 years they shall be paid the adult rate whilst to engaged.

 

(iii)       No youth 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, 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.

 

23.  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 paid leave of absence for any period in respect of which they are entitled to workers' compensation.

 

(b)        The employee shall, within 24 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 one year's continued employment: 40;

 

2.         in the case of an employee with one or more year's continued employment but less than ten year's continued employment: 64;

 

3.         in the case of an employee with ten 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 other 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 the employment of the Company on or after 1 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 1 January 1986:

 

(A)       during the period between 18 and 31 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 for 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 1 January 1986, the year of his/her employment which commenced during 1986.

 

(iii)       In the case of an employee who otherwise is entitled to a 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 any time so lost shall not be taken into account in computing the qualifying period of three months.

 

(v)        Service before the date of the 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 at overtime rates.

 

23A.  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 (ii) 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 23, 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)       a spouse of the employee; or

 

(B)       a de facto 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 the person on a bona fide domestic basis although not legally married to that person; or

 

(C)       a child or an adult child (including an adopted child, a stepchild, 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

 

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

 

(E)        a relative of the employee who is a member of the same household where, for the purpose of this subparagraph:

 

(i)         "relative" means a person related by blood, marriage or affinity;

 

(ii)        "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other, and

 

(iii)       "household" means a family group living in the same domestic dwelling.

 

An employee shall, wherever 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 the unpaid leave for purpose of providing care and support to a member of a class of person set out in 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 and 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 days are taken.

 

(iv)       Time Off in Lieu of Payment of 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 the 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.

 

23B.  Anti Discrimination

 

(1)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identify and age.

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(4)        Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted form anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

24.  Annual Leave

 

(i)         Day Workers and Monday-to-Saturday Shift Workers - see Annual Holidays Act 1944.

 

(ii)        Shift workers under clause 19, Shift Workers Whose Working Period Includes Sundays and Holidays as Ordinary Working Days:

 

(iii)       In addition to the benefits provided by Section 3 of the Annual Holidays Act 1944 with regard to an annual holiday of four weeks, an 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 19, shall be entitled to the additional leave as below 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 33 ordinary shifts worked as a seven-day shift worker.

 

3.          Subject to subparagraph (4) of this paragraph, the employee shall be paid for such additional leave at the annual leave rate of pay for the number of ordinary hours of work for which such employee 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.

 

(iv)       Where the employment of a worker has been terminated and they thereby become 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 three and one-half hours at the annual leave rate of pay with respect to each 21 shifts of service as such seven-day shift worker which they have rendered during such period of employment.

 

(v)        A seven-day shift worker under this subclause shall be paid at the appropriate rate for any "compulsory roster" shift, also known as a 21st shift, which they would have worked during their period of annual leave had they not been on annual leave.

 

(vi)       Monday-to-Saturday shift workers who are regularly rostered for duty on Saturdays as ordinary working days - In addition to the benefits provided by Section 3 of the Annual Holidays Act 1944 with regard to an annual holiday of four weeks, an 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 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:

 

(a)        For every 13 Saturdays upon which the employee worked an 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.

 

(b)        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.

 

(vii)      All employees - Annual Leave Loading -

 

(a)        In respect of a period of annual leave an employee shall be paid a loading of 20 per cent or whichever amount, to be calculated for the period of their annual leave, is the less of:

 

1.         the employee's ordinary rate of pay pursuant to the Annual Holidays Act 1944 and, where applicable, their annual leave rate of pay pursuant to clause 24, Annual Leave, and clause 25, Days Added to the Period of Annual Leave or Long Service Leave; or

 

2.         the sum of -

 

(A)       the employee's award rate of pay for ordinary time at the commencement of their annual leave, as prescribed by clause 1, Basic Wage; clause 2, Rates of Pay; and clause 3, Leading Hands; and

 

(B)       the employee's rate of maximum all-purpose bonus payable at the commencement of their annual leave pursuant to the bonus setting applicable to them.

 

Provided that an employee who would have worked on shift work had they not been on annual leave shall be paid whichever is the greater of the 20 per cent loading, or the shift work allowances pursuant to clause 9, Shift Work Allowances for Shift Workers, and the weekend penalty rates pursuant to clause 10, Saturday Rates for Shift Workers, and (in respect of Sundays only) clause 18, Sunday and Holiday Rates, that would have been payable to them in respect of ordinary time during their 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.

 

25.  Days Added to the Period of Annual Leave Or Long Service 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 19, Shift Workers Whose Working Period Includes Sundays and Holidays as Ordinary Working Days, 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 or long service leave to which they are entitled under this award.

 

(ii)        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 17, Holidays.

 

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 the said clause 19; 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 day or 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 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 24, Annual Leave, or clause 26, Long Service Leave.

 

(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 a 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 - 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 become 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 19 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 17, Holidays, 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 17.

 

26.  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 17, Holidays, treated as days appointed by the Governor as public holidays for the purposes of the application to them of Section 4 (4A) of the Long Service Leave Act 1955.

 

27.  Jury Service

 

An employee required to attend for jury service during their ordinary hours; or 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:

 

(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.

 

28.  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.

 

29.  Contract of Employment

 

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

 

(ii)        Employment of employees on probation for the first 13 weeks of service shall be from day to day at the weekly rate fixed, determinable at a day's notice. This probationary period shall not apply where employment follows a period of engagement as defined in clause 42, Supplementary Labour - Rates of Pay.

 

(iii)       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 for by clause 23, Sick Pay, lose their pay for the actual time of such non-attendance or non-performance.

 

(iv)       Subject as aforesaid, employment shall be terminated by a week's notice on either side, given at any time during the week, or by the payment or forfeiture of a week's wages, as the case may be. Where an employee has given notice or has been given notice by the Company, 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.

 

(v)        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 -

 

No employee shall be stood down before an adequate investigation of the circumstances of the alleged offence has been made or, except in the case of a group standing down, before they have had an opportunity to state their case and to adduce witnesses to the fact.

 

Where a superintendent is on duty in the department, to which the employee is attached, any decision as to the standing down of the employee shall be made by the superintendent.

 

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 either to the employee themselves or to other employees or to plant and equipment; or

 

2.          interfere with the normal and orderly functioning of

 

3.          the Company's operations; or

 

4.          be prejudicial to discipline.

 

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 other time as may be arranged mutually and the superintendent, after reviewing the case, shall inform the employee of their decision on the matter.

 

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.

 

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.

 

"Superintendent" shall include -

 

1.         any officer with authority higher than that of a superintendent;

 

2.         any officer acting as a superintendent's deputy in the absence of a superintendent;

 

3.         in a department where there is no officer with the title of superintendent, the supervisor who is in charge or, in their absence, their deputy.

 

"Department" shall include a department so called and any other separately administered section of the plant.

 

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

 

(vi)       This clause shall not affect the right of the Company to deduct payment for any day during which 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.

 

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

 

(viii)     no employee shall be dismissed without notice before an adequate investigation of the circumstances of the alleged offence has been made;

 

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;

 

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;

 

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 seven calendar days from the time that the employee was told of their dismissal; and

 

2.          during these seven calendar days, notwithstanding the provisions of subclause (v) of this clause, the employee shall be stood down without pay;

 

the words "superintendent" and "department" shall have the same meaning as in subclause (v) of this clause.

 

30.  Automation

 

(i)         Notwithstanding the provisions of clause 29, Contract of Employment, 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 12 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:

 

The Company shall pay the employee at the ordinary rate of pay for the employee's classification in clause 2, Rates of Pay, for a period equal to the difference between three months and the period of the notice given.

 

The period of notice required by this clause to be given shall be deemed to be service with the Company for the purpose of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of those Acts, and provided further that the right of the Company to dismiss an employee for the reasons specified in clause 29, Contract of Employment, 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 changes which will result in one or more employees becoming redundant, the Company shall give notification in accordance with this subclause at least six months before the introduction of such mechanisation or technological changes and, if is not practicable for the Company to give such notifications at least six months before such introduction, the Company shall give the notifications as early as it is practicable for the Company to give them.

 

(iii)       The notifications 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.

 

31.  Redundancy

 

1.          Purpose

 

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

 

2.          Definitions

 

In this clause:

 

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

 

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

 

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

 

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

 

3.          Notice

 

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

 

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

 

4.          Redundancy Benefit

 

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

 

the minimum benefit is 8 weeks

 

the maximum benefit is 104 weeks

 

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

 

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

 

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

 

(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.

 

5.          General exclusions

 

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

 

requiring the employer to extend a redundancy benefit to an employee where the employer offers the employee acceptable alternative employment (including alternative employment with rate retention arrangements as elsewhere provided for under this award/agreement)

 

giving rise to an entitlement to a voluntary redundancy benefit in the absence of a formal offer by the employer

 

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

 

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

 

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

 

32.  Retention of Rates

 

(i)         Where, 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 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.

 

33.  Definitions

 

(i)         Day workers are employees other than shift workers and include employees on night work within clause 11, Night Work for Day Workers and Day Shift Workers.

 

(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)       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.

 

(v)        Annual leave rate of pay means -

 

In the case of -

 

1.          annual leave under clause 24, Annual Leave, and days added to the period of annual leave under clause 25, Days Added to the Period of Annual Leave or Long Service Leave, 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 clauses 24 and 25 upon the termination of the employment of an employee at the same time as 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 payment made under the Act.

 

In the case of annual leave under the said clause 24 and days added to the period of annual leave under the said clause 25 being taken otherwise than immediately before or after leave under the Annual Holidays Act 1944, the ordinary pay of the employee calculated in accordance with the said Act, as if such leave had been taken under the Act.

 

34.  Time and Payment of Wages

 

(i)         All wages shall be paid fortnightly by direct deposit into each employee's bank (or other recognised financial institution) account.

 

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

 

35.  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, during working hours, to interview the Company or its representative in the case of a dispute affecting the employees in their shop or department; provided that the Company shall not be bound to give recognition as delegate to an employee in respect of whom a written notification has been received from the union concerned that the union does not recognise such employee as a delegate.

 

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

 

(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.

 

36.  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.

 

37.  Safety Glasses, Hearing Protection and Gloves

 

(i)         The Company shall supply, and the employee shall wear, safety glasses and hearing protection when engaged in any work which, in the opinion of the Company, but subject to review by the Industrial Relations Commission of New South Wales, necessitates the use of glasses and ear muffs for the purpose of protection.

 

(ii)        All employees shall be supplied with gloves, free of cost, where reasonably necessary.

 

38.  Tools

 

The Company shall make available for the use of each of the tradespersons listed below such tools which they may be required to use to enable them to perform their work, other than those contained in the list of tools with which each tradesperson is required to provide themselves as set out in the respective exhibits tendered in Matter Numbers 323 and 373 of 1952 and 113 of 1953 and hereunder marked with the exhibit number set opposite each tradesperson classification:

 

Electrical Fitters - Exhibit D;

 

Electrical Mechanics - Exhibit E;

 

Plumbers - Exhibit F.

 

39.  Return of Company's Property

 

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

 

40.  Procedure for Resolving Claims, Issues and Disputes

 

(i)         Introduction -

 

The parties intend that the level of direct action in the Company's operations, particularly strikes, be greatly reduced in order to provide a basis for a reduction of the ordinary weekly hours of work in the steel industry to 38 and to minimise contraction of the industry's operations.

 

Where change proposals aimed at improved business performance are being discussed and where agreement cannot be reached, alternatives which meet the objectives will be considered and trialed to assess their effectiveness. Should agreement not be reached after trialing and assessment, the pre-existing arrangement will be reinstated and the matter progressed through this procedure.

 

Subject to paragraph (b) of this subclause, whilst other general claims, issues or disputes are being resolved by this procedure, work will continue in accordance with immediate past practice.

 

However, if this results in the creation of a safety hazard or if the continued operation of major plant is threatened, an interim method of operation will be agreed on which does not have these negative effects. Failing agreement, the supervisor's decision as to how work will proceed will be implemented, in the knowledge that the decision will require justification to the Grievance Committee.

 

Regardless of the arrangements under which work proceeds, it will be without prejudice to the final resolution.

 

The Grievance Committee will consist of the superintendent and/or supervisor, delegates as agreed and the employee(s) involved, the organiser, if required, the Superintendent Employee Relations and/or the Manager Operations.

 

Delegates will accept their obligations as laid down by the Industrial Relations Commission of New South Wales to do all in their power to ensure that work proceeds as normal. In the absence of a delegate, representatives will undertake to accept these obligations, or call in a delegate from another department.

 

Where rank and file meetings are held, appropriate management representatives will be invited to personally address the meetings or, alternatively, have presented to the meeting a written statement representing the Manager's position.

 

Work group issues and disputes will be discussed and resolved via the available consultative procedure and broader or plant-wide issues will be referred to the appropriate group, eg., delegates, sub-branch, etc., to allow resolution to be achieved within the relevant work group or work groups in the first instance.

 

(ii)        Procedure - To enable claims, issues and disputes to be progressed while work proceeds normally, the following procedure will apply:

 

(a)        Step 1 - The details of the dispute or claim will be presented to the supervisor.

 

If the supervisor's immediate response is unacceptable or if there is a need to further investigate the situation or to refer it to a senior officer, then an Industrial Incident Report (I.I.R.) will be prepared which will include the employee's version of the dispute.

 

It will be the supervisor's obligation to provide a response to the issue as soon as possible. If a response is not given by the end of the supervisor's next ordinary shift, then they will give a progress report which will include an undertaking as to the time by which a response will be given.

 

The response will be via the I.I.R. and will contain the superintendent's and Manager's view where appropriate. If the delegate or representative is not in receipt of a reply by the end of the next shift, or by the agreed time, they will seek one from the supervisor. Note that a copy of the I.I.R. will be sent to the Human Resources Department for their input.

 

If the Human Resources Department's comments or actions are required, the I.I.R. is to be marked "Input Required".

 

(b)        Step 2 - If the response provided by way of I.I.R. is not acceptable, the aggrieved employee and/or delegate may seek discussion with the superintendent. Alternatively, the appropriate Grievance Committee will be convened with the aim of resolving the dispute to the satisfaction of all of the parties. This will be done by discussion or a series of discussions where all of the circumstances can be reviewed by union and management representatives.

 

(c)        Step 3 - If resolution cannot be reached, then management and/or the union(s) will refer the matter to the Industrial Relations Commission.

 

(iii)       Fast Track to Contain Imminent Strike Action - Under normal circumstances the above procedure will apply. However, if the delegate judges that the feeling of the rank and file is such that an industrial action is imminent, they will seek quick resolution by contacting, in turn, the union official or sub-branch official, the Superintendent Employee Relations, or Operation Superintendents/Supervisors, or the Manager Operations.

 

(iv)       Review of Procedure - In the event of the failure of the procedure to prevent stoppage of work occurring, the Grievance Committee will be convened to examine the reasons that the procedure failed as a prelude to the discussion of the issue.

 

41.  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 negotiation on matters affecting their efficiency and productivity.

 

42.  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.

 

43.  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.

 

44.  Apprentices

 

Where any provisions of this award, in 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 that 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) of this clause or owing to his or her absence from the service of the Company, unless such absence is caused by:

 

the Company's fault;

 

illness not exceeding one week in each year of service duly certified by a qualified medical practitioner;

 

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 misconduct, etc.:

 

First Offence - The apprentice shall be told 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.

 

For insolence, wilful disobedience, wilful damage to property, neglect of safety precautions which may result in injury to themselves or fellow employees, theft, assault or other serious and wilful misconduct:

 

First Offence - The apprentice may be instantly 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.

 

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 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 wages for apprentices shall be as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

(b)        The total wages of apprentices shall be calculated to the nearest five cents; any broken part of five cents in the result not exceeding half of five cents shall be disregarded.

 

(c)        An employee who is under 21 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.

 

(e)        Tool Allowance - This allowance per week shall apply to apprentices as set out in Item 18 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. The allowance shall apply for all purposes of the award.

 

(f)         Where it was the practice as at 14 December 1979 for the Company to provide all tools ordinarily 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 (e) of this subclause shall not apply to such apprentices.

 

45.  Performance Recognition Payments Scheme

 

The Performance Recognition (Lump Sum) Payments Scheme appended (Appendix 1) to this award is given effect.

 

46.  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 included in a Plan, including, for example superannuation contributions and employee share plans."

 

47.  Parental Leave

 

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

 

1.          Eligibility

 

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

 

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

 

2.          Entitlement

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

3           Giving notice and applying for leave

 

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

 

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

 

4           Impact of paid parental leave on other entitlements

 

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

 

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

 

5.          Impact of legislative paid parental leave on these entitlements

 

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

 

48.  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 shift worker 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 4weeks; 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.

 

49.  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.

 

50.  No Extra Claims Commitment

 

(i)         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.

 

(ii)        There will be agreed scope to arbitrate, if necessary, unresolved issues about classification restructuring or work value claims.

 

(iii)       Clauses (i) and (ii) do not limit the ability of the parties to perform the process outlined in clause 9.5 of the Settlement.

 

51.  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.

 

52.  Area, Incidence and Duration

 

(i)         This Award rescinds and replaces the OneSteel Wire Pty Ltd Newcastle Wiremill Award published 2 April 2004  (Vol 343 I.G. 950).

 

(ii)        This Award shall apply to all employees (including apprentices within clause 41, Apprentices) of OneSteel Wire Pty Ltd Newcastle Wiremill, employed in the classifications mentioned herein at its works at Port Waratah.

 

(iii)       Notwithstanding subclause (ii), this award shall not apply to employees of OneSteel Wire Pty Ltd who are covered by the OneSteel Wire Pty Ltd Newcastle Fence Post Plant Award.

 

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

 

(v)        This Award shall take effect from the beginning of the first pay period to commence on or after 1 September 2005 and shall expire on 31st August 2008 (the nominal term).

 

(vi)       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.

 

Classification	A	B	C	D
	$	$	$	$
Wireworker
Level 1	570.10	575.80	598.80	622.80
Level 2	595.90	601.90	626.00	651.00
Level 3	620.70	626.90	652.00	678.10
Level 4	647.50	654.00	680.20	707.40
Level 5	675.70	682.50	709.80	738.20
Level 6	704.20	711.20	739.60	769.20
Serviceperson
Level 1	569.30	575.00	598.00	621.90
Level 2	596.10	602.10	626.20	651.20
Level 3	622.50	628.70	653.80	680.00
Level 4	649.50	656.00	682.20	709.50
Level 5	676.20	683.00	710.30	738.70
Engineering Tradesperson
Level 1	672.50	679.20	706.40	734.70
Level 2	696.40	703.40	731.50	760.80
Level 3	718.70	725.90	754.90	785.10
Level 4	754.00	761.50	792.00	823.70
Level 5	777.00	784.80	816.20	848.80
Level 6	812.00	820.10	852.90	887.00
Electrical Tradesperson
Level 1	691.30	698.20	726.10	755.10
Level 2	714.90	722.00	750.90	780.90
Level 3	741.70	749.10	779.10	810.30
Level 4	777.00	784.80	816.20	848.80
Level 5	803.20	811.20	843.60	877.30
Level 6	829.50	837.80	871.30	906.20

 

Junior Employees - Unapprenticed
Age
Under 17 years of age	45%
At 17 and under 18 years of age	65%

 

Apprentices	A	B	C	D
	$	$	$	$
Classification
Year 1	290.90	293.80	305.60	317.80
Year 2	375.90	379.70	394.90	410.70
Year 3	500.30	505.30	525.50	546.50
Year 4	573.70	579.40	602.60	626.70

 

Table.  2 - Other Rates And Allowances

 

Item	Clause		Brief Description	ffpp	ffpp	ffpp	ffpp
No	No			1/09/05	1/03/2006	1/09/2006	1/09/2007
				$	$	$	$
1	2(iii)		Juniors lifting weights 18 kgs or over	0.83		0.85	0.88
2	2(iv)(a)		Tool Allowance - Engineering	22.70		23.40	24.10
			tradespersons employed in the
			plumbing stream
			For all other trades persons	12.40		12.80	13.20
3	2(v)		Electrical tradesperson licence
			allowance
			A grade	29.60		30.50	31.40
			B grade	16.00		16.50	17.00
4		3(i)	Leading hands in the wireworker model and electrical an and buildingstreams of
			engineering -
			If in charge of not more than 5	22.20	22.40	23.30	24.20
			employees
			If in charge or more than 5 but	33.10	33.40	34.70	36.10
			less than 15 employees
			If in charge of more than 15	46.50	47.00	48.90	50.90
			employees
5	3(ii)		Leading hands in the service person model and the mechanical and fabricating
			streams of the engineering model -
			If in charge of not less than 3 and	30.30	30.60	31.80	33.10
			not more than 10 employees
			If in charge of more than 10 but	45.70	46.20	48.00	49.90
			not more than 20 employees
			If in charge of more than 20	58.10	58.70	61.00	63.40
			employees
			Special Rates
			Brief Description
6	5(i)(b)		Hot work special rates for	0.49		0.50	0.52
			bricklayers and their assistants
7	5(ii)(a)		Wet places	1.71		1.76	1.81
8	5(iii)(a)		Explosive - powered tools	0.13		0.13	0.13
			Minimum payment	1.13		1.16	1.19
9	5(iii)(b)		Plumber - working on chokage	5.43		5.59	5.76
	(c)(1)		Required to compute quantities or	0.49		0.50	0.52
			make up estimates
	(c)(2)		Working in a cramped position or	0.61		0.63	0.65
			without sufficient ventilation
	(c)(e)		Working with or in the vicinity of	0.61		0.63	0.65
			insulating material
	(d)		Working in a swinging bosun's	2.05		2.11	2.17
			chair, swinging stage or rope
			ladder 7.5m above ground level
10	5(iii)(e)		Plumber when required to act on:
	(1)		Plumber's licence	0.73		0.75	0.77
	(2)		Gasfitter's licence	0.73		0.75	0.77
	(3)		Drainer's licence	0.63		0.65	0.67
	(4)		Plumber's and gasfitter's licence	0.98		1.01	1.04
	(5)		Plumber's and drainer's licence	0.98		1.01	1.04
	(6)		Gasfitter's and drainer's licence	0.98		1.01	1.04
	(7)		Plumber's, gasfitters and drainer's	1.36		1.40	1.44
			licence
11	5(iv)		Applying obnoxious substances -
	(a)		Serviceperson in the preparation	0.61		0.63	0.65
			and/or the application of epoxy
			based materials or materials of a
			like nature
	(b)		Applying such materials when air	0.39		0.40	0.41
			conditioning not working
	(d)		Working in close to proximity to	0.49		0.50	0.52
			employees so engaged
12	5(vi)		A plumber, licensed plumber and/or	0.54		0.56	0.58
			lead burner who is the holder of a
			certificate of registration under
			the Plumbers, Gasfitters and
			Drainers Act 1979
			Electrical employees
13	6 (I)		Hot places - Working for more	0.43		0.44	0.45
			than one hour in the shade where
			the temperature is raised by artificial
			means to between 56 and
			54 degrees Centigrade
			Exceeds 54 degrees Centigrade	0.56		0.58	0.60
	(ii)(a)		High places - 15 metres or more	0.47		0.48	0.49
			above level service
			For each further 15 metres	0.47		0.48	0.49
	(b)		Working in a bosun's chair or	0.47		0.48	0.49
			swinging scaffold at a height up to
			15 metres above level surface
			For each further 15 metres	0.47		0.48	0.49
	(iii)		Dirty work - Unusually dirty or	0.43		0.44	0.45
			offensive nature
	(iv)		Confined spaces	0.56		0.58	0.60
	(v)		Wet places	2.45		2.52	2.60
	(vi)		Explosive - powered tools	0.14		0.15	0.15
			Minimum payment	1.13		1.16	1.19
	(vii)(c)		Using toxic substances in	0.57		0.59	0.61
			quantities of 0.5kg or over
			Working in close proximity to	0.47		0.48	0.49
			employees so engaged
14	7		Employees in the mechanical and fabricating streams -
	(i)		Confined spaces	0.58		0.60	0.62
	(ii)		Dirty work	0.43		0.44	0.45
	(iii)		Hot places - working fore more than	0.43		0.44	0.45
			one hour in the shade in places where
			the temperature is artificially raised
			to between 46-54 degrees Centigrade
			Where the temperature exceeds 54	0.58		0.60	0.62
			degrees Centigrade
	(iv)		Explosive - powered tools	0.14		0.15	0.15
			Minimum payment	1.15		1.18	1.22
	(v)		Handling insulation material	0.57		0.59	0.61
15			Shift work allowance for shift workers -
	9(I)(a)		Regular weekly changes	67.20	67.90	70.60	73.40
			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 not on day shift
	(b)		Allowance whilst working shift work which involves regular weekly changes -
	(1)		Day shift, night shift	67.20	67.90	70.60	73.40
	(2)		Day shift, afternoon shift	57.20	57.80	60.10	62.50
	(3)		Day shift, day shift, afternoon shift	57.20	57.80	60.10	62.50
	(4)		Day shift, day shift, night shift	57.20	57.80	60.10	62.50
	(5)		Junior shift workers when working	67.20	67.90	70.60	73.40
			under any of the shift systems set
			out above
	(c)		Allowance for the following shift systems
	(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
	(d)		Work on any afternoon or night shift	27.00	27.30	28.40	29.50
			other than the shift systems in(a),
			(b) or (c) and are not paid in respect
			of any day shift
16	14(iii) (c) (2)		Meal allowance overtime	9.70		CPI	CPI
17	14(iii)(f)(2)		Meal allowance - recalled to work	9.70		CPI	CPI
18	41(iv)(e)		Tool allowance for apprentices
			First year	5.20		5.40	5.60
			Second year	6.80		7.00	7.20
			Third year	9.30		9.60	9.90
			Fourth year	10.90		11.20	11.50

 

 

APPENDIX 1

 

Onesteel Wire Pty Ltd - Newcastle Wiremill & Fence Post Plant Performance Recognition Payments Scheme

 

1.          Nature of Agreement and Parties to the Agreement -

 

This agreement between OneSteel Wire, Newcastle Wiremill and Fence Post Plant and the unions listed below ("the parties") provides for a system of quarterly business performance improvement recognition payments to employees.

 

The unions party to this agreement are:

 

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

 

The New South Wales Plumbers and Gasfitters Employees' Union.

 

2.          Purpose of the Agreement -

 

The parties acknowledge that Newcastle Wiremill and Newcastle Fence Post Plant can become and remain competitive and existing benefits can be maintained and additional payments justified and financially supported only through constantly improving business performance.

 

Therefore, it is the purpose of this 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.          Required Actions

 

Actions which the parties agree are required to achieve the purpose of the agreement and which they will co-operate to implement include, but are not limited to:

 

ongoing review of work organisation to maximise flexibility, efficiency and continuity of operations;

 

training to meet business and personal needs;

 

participate and co-operate in improvement activities;

 

adopt a team approach to work;

 

utilise skills held as required;

 

maintain strict adherence to the Dispute Settling Procedure;

 

use of contractors to improve business performance;

 

selection and redeployment based primarily on skill, preparedness to train, competence and performance.

 

4.          Principles of the Scheme

 

The terms of this Scheme are:

 

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 continue to be departmentally based and focused on specific improvement targets identified in the Business Plan for each Department. 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.

 

Each Department will undertake regular communication with employees and display and regularly update written reports/charts on departmental scoreboards regarding performance of the measure(s) against the targets set.

 

Payments under the scheme will be made at the end of each quarter, based on individual Department's 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.

 

5.          Eligibility for Payment

 

Quarterly payments will be made to employees of OneSteel Wire Pty Ltd, Newcastle Wirewill and Fence Post Plant in full-time employment on the Company's payroll at the end of each payment quarter and Supplementary Labour (as defined in clause 42 of the Wiremill Award and clause 39 of the Fence Post Plant Award) who are engaged for a full PRPS payment quarter as defined. Participation in the end of year "top up" arrangement, should it be necessary, will apply to those employees on the Company's payroll at the end of the period of operation of each set of measures and targets applying under the agreement.

 

In addition, full-time employees who leave during a business quarter, other than those dismissed, will be eligible to participate in the scheme for that quarter on a pro rata basis.

 

Only those employees who leave during the final quarter of each year of this agreement will be eligible to participate in the "top up" payment for that year. Employees shall not have included in their gross earnings, payments in respect of absences on workers' compensation when not in receipt of accident pay, termination payments and performance recognition payments paid during the quarter but related to a previous quarter.

 

6.          Consultation and Review Mechanism

 

The operation of the Performance Recognition Payment Scheme, its performance measures and associated payments, will be monitored and reviewed by the Joint Consultative Committee. The purpose of this review shall be to:

 

assess the extent to which the agreement is achieving its objectives;

 

and identify problems and develop, recommend and implement (where possible) corrective actions.

 

Issues arising associated with the introduction or operation of this Performance Recognition Payment Scheme will be progressed to conclusion in an orderly manner in accordance with the agreed dispute settling procedure.

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

ONESTEEL WIRE PTY LTD NEWCASTLE WIREMILL AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by OneSteel Wire Pty Ltd.

 

(No. IRC 4230 of 2005)

 

 

AWARD

 

PART A

 

Clause No.         Subject Matter

 

1.         Basic Wage

2.         Rates Of Pay

3.         Leading Hands

4.         Mixed Functions

5.         Special Rates

6.         Electrical Tradespersons - Special Rates

7.         Maintenance - Special Rates

8.         Hours Of Duty

9.         Shift Work Allowances For Shift Workers

10.       Saturday Rates For Shift Workers

11.       Night Work For Day Workers And Day Shift Workers

12.       Transfer Of Day Workers From Day Work To Shift Work

13.       Transfer Of Shift Workers

14.       Overtime

15.       Payment For Training

16.       Requirement To Work In Accordance With The Needs Of The Industry

17.       Holidays

18.       Sunday And Holiday Rates

19.       Shift Workers Whose Working Period Includes Sundays And Holidays As Ordinary Working Days

20.       Maximum Payment

21.       Employees Presenting Themselves For Work And Not Required

22.       Junior Labour Unapprenticed

23.       Sick Pay

23a.     State Personal/Carer's Leave Case - August 1996

23b.     Anti-Discrimination

24.       Annual Leave

25.       Days Added To The Period Of Annual Leave Or Long Service Leave

26.       Long Service Leave

27.       Jury Service

28.       Compassionate Leave

29.       Contract Of Employment

30.       Automation

31.       Redundancy

32.       Retention Of Rates

33.       Definitions

34.       Time And Payment Of Wages

35.       Union Delegates

36.       Payroll Deduction of Union Dues

37.       Safety Glasses, Hearing Protection And Gloves

38.       Tools

39.       Return Of Company's Property

40.       Procedure For Resolving Claims, Issues And Disputes

41.       Enterprise Arrangements And Award Changes

42.       Supplementary Labour - Rates Of Pay

43.       Transition Arrangements For Retiring Shift-Workers

44.       Apprentices

45.       Performance Recognition Payments Scheme

46.       Flexible Remuneration

47.       Parental Leave

48.       Wage Support for Extended Periods Of Illness Or Injury

49.       Superannuation - Choice of Fund

50.       No Extra Claims Commitment

51.       Commitment to Ongoing Business Improvement

52.       Area, Incidence And Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Table 2 - Other Rates And Allowances

 

Appendix 1 - Performance Recognition 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.

 

The said basic wage may be varied by the Industrial Relations Commission of New South Wales under subclause (2) of clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional and Other Provisions, of the Industrial Relations Act 1996.

 

A reference in this award to the adult basic wage is to be read as a reference to the adult basic wage currently in force under the said clause 15.

 

2.  Rates of Pay

 

(i)         Adult employees - The minimum award rate of pay of any classification shall, subject to the other provisions of this award, be the award rate attached to that classification as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

(ii)        In addition to the minimum rates of pay prescribed by this clause, employees receive payments pursuant to the applicable bonus scheme.

 

(iii)       Junior Employees - Unapprenticed - The minimum rate of pay shall, subject to the other provisions of this award, be the percentage of the 38-hour weekly wage prescribed for the classification Wireworker Level 1 appearing in Table 1- Wages, of the said Part B, calculated to the nearest 10 cents, any broken part of 10 cents in the result not exceeding 5 cents to be disregarded.

 

Provided that juniors operating any machines and juniors called upon to lift weights of 18 kgs or over (where lifting is permitted by the Occupational Health and Safety Act 2000), shall be paid the amount per 38-hour week as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the rates set out in Table 1 - Wages.

 

(iv)       Tool allowance -

 

(a)        Engineering and electrical tradespersons shall be paid an allowance for supplying and maintaining tools ordinarily required in the performance of their work as tradespersons. The allowance per week shall be as set out in Item 2 of the said Table 2 for engineering tradespersons employed in the plumbing stream and the amount per week as set out in the said Item 2 for all others. The allowance shall apply for all purposes of the award.

 

(b)        Where it was the practice, as at 5 November 1979, for the employer to provide all tools ordinarily required by tradespersons in the performance of their work, the employer may continue that practice and in that event the allowance prescribed in paragraph (a) of this subclause shall not apply to such tradespersons.

 

(c)        Notwithstanding paragraphs (a) and (b) of this subclause, an employer shall provide for the use of tradespersons all necessary power tools, special-purpose tools, precision measuring instruments and, for sheetmetal workers, snips used in the cutting of stainless steel, monel metal and similar hard metals.

 

(d)        Tradespersons shall replace or pay for any tools supplied by their employer if lost through their negligence.

 

(v)        Electrical tradesperson's licence allowance - An additional amount per week as set out in Item 3 of Table 2 shall be paid to an employee employed and working as an electrical tradesperson and possessing the Qualified Supervisor's Certificate (Electrician) or a Certificate of Registration (Electrician) issued by the appropriate authority.

 

(a)        This amount shall be paid for all purposes of the award.

 

3.  Leading Hands

 

(i)         Employees in the wireworker model and the electrical and building related streams of engineering, appointed by the Company as leading hands, shall be paid additional amounts as set out in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        Employees in the serviceperson model and the mechanical and fabrication streams of engineering appointed as leading hands shall be paid additional amounts as set out in Item 5 of the said Table 2.

 

4.  Mixed Functions

 

Employees shall retain the rate of their ordinary classification for all work performed by them.

 

5.  Special Rates

 

In addition to the rates of pay prescribed in clause 2, Rates of Pay, the following special rates and allowances shall be paid to employees in building streams and to servicepersons. The provisions of clauses 6, Electrical Tradespersons - Special Rates, and 7, Maintenance - Special Rates, shall not apply to such employees.

 

(i)         Hot Work -

 

(a)        Hot work is work done in places where the temperature raised by artificial means is above 49 degrees Centigrade.

 

(b)        Bricklayers and their assistants, whilst engaged on hot work, shall receive an additional rate as set out in Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        Wet Places -

 

(a)        Employees required to work in wet places where the depth of water is such that the top of hip boots supplied by the Company do not afford protection shall be paid the amount per day or shift or part thereof as set out in Item 7 of Table 2.

 

(b)        This clause shall not apply to drainers and their assistants.

 

(iii)       Other Special Rates -

 

(a)        Explosive-powered Tools - Employees required to use explosive-powered tools shall be paid the amount per hour extra as set out in Item 8 of Table 2, with a minimum payment as set out in the said Item 8.

 

(b)        A plumber engaged on any chokage necessitating the opening up of any soil, waste or drain pipes or scuppers conveying sewage shall be paid, in addition, the amount per day or shift or part thereof as set out in Item 9 of Table 2.

 

1.         A plumber shall, if required to computer quantities or make up estimates, be paid the amount per hour as set out in the said Item 9, in addition to their ordinary rates of pay.

 

2.         plumber who works in a place the dimensions or nature of which necessitates working in a cramped position or without sufficient ventilation shall be paid the amount per hour as set out in the said Item 9.

 

3.         A plumber who is called upon to handle charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool or other recognised insulation material of a like nature or working in the immediate vicinity so as to be affected by the use thereof, shall be paid the amount per hour or part thereof as set out in the said Item 9.

 

(c)        When work is performed on a swinging scaffold, swinging stage or rope ladder at a height of 7.5 metres above ground level or in a bosun's chair by a plumber or labourer assisting a plumber they shall be paid, in addition, the amount per day or shift or part thereof as set out in the said Item 9.

 

(d)        A plumber may receive the following:

 

1.         When required to act on his/her plumber's licence, the amount per hour as set out in Item 10 of Table 2.

 

2.         When required to act on his/her gasfitter's licence, the amount per hour as set out in Item 10.

 

3.         When required to act on his/her drainer's licence, the amount per hour as set out in Item 10.

 

4.         When required to act on his/her plumber's and gasfitter's licence, the amount per hour as set out in Item 10.

 

5.         When required to act on his/her plumber's and drainer's licence, the amount per hour as set out in Item 10.

 

6.         When required to act on his/her gasfitter's and drainer's licence, the amount per hour as set out in Item 10.

 

7.         When required to act on his/her plumber's, gasfitter's and drainer's licence, the amount per hour as set out in Item 10.

 

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

 

(e)        Employees who may be required by their employer to act on any of their licence or licences during the course of their employment shall be paid at the rate per hour mentioned in this award for every hour of their employment, whether they have in any hour in fact acted on such licence or not.

 

(f)         The provisions of subclause (i) of clause 20, Maximum Payment, shall not apply to the rates prescribed by this subclause.

 

(iv)       Applying Obnoxious Substances -

 

(a)        A serviceperson engaged in either the preparation and/or the application of epoxy based materials or materials of a like nature shall be paid per hour extra the amount as set out in Item 11 of Table 2.

 

(b)        In addition, a serviceperson applying such material in buildings which are normally air conditioned shall be paid per hour extra the amount as set out in the said Item 11 for any time worked when the air conditioning plant is not operating.

 

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

 

(d)        Servicepersons working in close proximity to employees so engaged shall be paid per hour extra the amount as set out in the said Item 11.

 

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

 

(v)        Special Rates not Cumulative - Where more than one of the above rates provide payment for disabilities of substantially the same nature then only the highest of such rates shall be payable.

 

(vi)       A plumber, licensed plumber and/or lead burner who is the holder of a certificate of registration under the Plumbers, Gasfitters and Drainers Act 1979 shall be paid a registration allowance at the rate per hour as set out in Item 12 of Table 2 on the production of such certificate. The allowance shall be paid for all purposes of the award with the exception of clause 10, Saturday Rates for Shift Workers, clause 11, Night Work for Day Workers and Day Shift Workers, clause 14, Overtime, and clause 18, Sunday and Holiday Rates, in which cases it shall be paid as a flat rate for all hours worked; provided that, until such time as the machinery is set up for the issuing of certificates of registration, the allowance will be paid to plumbers, licensed plumbers and/or lead burners for whom registration will be required.

 

6.  Electrical Tradespersons - Special Rates

 

In addition to the rates of pay prescribed in clause 2, Rates of Pay, the following special rates and allowances shall be paid to electrical tradespersons:

 

(i)         Hot Places - Electrical tradespersons working for more than one hour in the shade in places where the temperature is raised by artificial means to between 46 degrees Centigrade and 54 degrees Centigrade - the amount per hour extra as set out in Item 13 of the said Table 2; in places where the temperature exceeds 54 degrees Centigrade - the amount per hour extra as set out in the said Item 13. Where work continues for more than two hours in temperatures exceeding 54 degrees Centigrade employees shall be entitled to 20 minutes' rest after every two hours, without deduction of pay. The temperature shall be decided by the supervisor of the work after consultation with the employee who claims the extra rate.

 

(ii)        High Places -

 

(a)        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 be paid a height allowance per hour as set out in the said Item 13 and an additional amount per hour as set out in Item 13 for each further 15 metres increase in the height at which work is performed.

 

(b)        Electrical tradespersons working on any building or structure in a bosun's chair or swinging scaffold at a height of up to 15 metres directly above a substantial level surface shall be paid a height allowance per hour as set out in the said Item 13 and an additional amount per hour as set out in Item 13 for each further 15 metres increase in the height at which work is performed.

 

(iii)       Dirty Work - Electrical tradespersons engaged on work which a supervisor and employee shall agree is of an unusually dirty or offensive nature shall be paid the amount per hour extra as set out in the said Item 13. In the case of disagreement between the supervisor and employee the employee or shop steward on their behalf shall be entitled, within 24 hours, to ask for a decision on the employee's claim by the Company's Industrial Officer. In such case a decision shall be given on the employee's claim within 48 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 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.

 

(iv)       Confined Spaces - Electrical tradespersons working in confined spaces (as defined) - an amount per hour extra as set out in the said Item 13.

 

(v)        Wet Places - Electrical tradespersons required to work in wet places when the depth of water is such that the top of hip boots supplied by the Company do not afford protection shall be paid, in addition, the amount per day or shift or part thereof as set out in the said Item 13.

 

(vi)       Explosive-powered Tools - Electrical tradespersons required to use explosive-powered tools shall be paid an amount per hour extra as set out in the said Item 13, with a minimum payment as set out in Item 13.

 

(vii)      Toxic Substances -

 

(a)        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.

 

(b)        Electrical tradespersons using such materials will be provided with, and shall use, all safeguards as are required by the appropriate Government authority.

 

(c)        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 be paid an amount per hour extra as set out in the said Item 13. Electrical tradespersons working in close proximity to employees so engaged so as to be affected by the use of such substances or materials shall be paid an amount per hour extra as set out in Item 13.

 

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

 

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

 

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

 

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

 

(ix)       Special Rates not Cumulative - Where more than one of the above rates provide payments for disabilities of substantially the same nature, only the highest of such rates shall be payable.

 

7.  Maintenance - Special Rates

 

In addition to the rates of pay prescribed in clause 2, Rates of Pay, the following special rates and allowances shall be paid to employees in the mechanical and fabricating streams and to servicepersons. The provisions of clause 5, Special Rates, and clause 6, Electrical Tradespersons - Special Rates, shall not apply to such employees.

 

(i)         Confined Space - Working in confined space (as defined) - the amount per hour extra as set out in Item 14 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)        Dirty Work - Work which a supervisor and employees shall agree is of an unusually dirty or offensive nature - the amount per hour extra as set out in the said Item 14.

 

In the case of disagreement between the supervisor and the employee, the employee or a shop steward on the employee's behalf shall be entitled, within 24 hours, to ask for a decision on the employee's claim by the Company's Industrial Officer. In such case a decision shall be given on the employee's claim within 48 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 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.

 

(iii)       Hot Places - Working for more than one hour in the shade in places where the temperature is raised by artificial means to between 46 degrees Centigrade and 54 degrees Centigrade - the amount per hour extra as set out in the said Item 14; in places where the temperature exceeds 54 degrees Centigrade - the amount per hour as set out in Item 14.

 

Where work continues for more than two hours in temperatures exceeding 54 degrees Centigrade employees shall be entitled to 20 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.

 

(iv)       Explosive-powered Tools - Employees required to use explosive- powered tools shall be paid the amount extra per hour as set out in the said Item 14, with a minimum payment as set out in the said Item 14.

 

(v)        Slag Wool - Employees handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise shall, when so employed on the construction, repair or demolition of furnaces, walls, floors and/or ceilings, be paid per hour extra as set out in the said Item 14.

 

(vi)       Special Rates Not Cumulative - Where more than one disability entitling an employee to extra rates exists on the same job, the employer shall be bound to pay only the one rate, namely, the highest for the disability so prevailing. Provided that this subclause shall not apply to confined space, dirty work or hot places, the rates for which shall be cumulative.

 

(vii)      Rates Not Subject to Penalty Additions - The special rates herein prescribed shall be paid irrespective of the times at which the work is performed and shall not be subject to any premium or penalty additions.

 

(viii)     Definition - "Confined Space" means a compartment, space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation and, subject thereto, includes such a space inside boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, superheaters or economisers.

 

8.  Hours of Duty

 

(i)         All Employees - Ordinary working hours shall be an average of 38 hours per week over the full cycle of the relevant work roster. Ordinary working hours shall not exceed:

 

(a)        8 during any consecutive 24 (or 12 where, by agreement, 12 hour shift arrangements are operating); or

 

(b)        152 in 28 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)        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.

 

(iii)       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 arrangements, two twenty minute crib breaks approximately 4 hours apart (or equivalent arrangements by agreement) will be taken.  Each crib break will be taken in accordance with the needs of the operation and will be counted as time worked.

 

(iv)       Shift Workers - Twenty minutes shall be allowed each shift for crib which shall be counted as time worked.

 

9.  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 allowances as follows:

 

Shift workers whilst working rotating shifts with regular weekly changes shall be paid at the rate per 38-hour week as set out in Item 15 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 for at least one-third of their working time in the full cycle of the roster being on day shift, shall be paid an additional amount per week as set out in the said Item 15, 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.

 

Shift workers whilst working shift work which involves regular weekly changes as follows:

 

1.          day shift, night shift;

 

2.          day shift, afternoon shift;

 

3.          day shift, day shift, afternoon shift;

 

4.          day shift, day shift, night shift; or

 

5.          junior shift workers when working under any of the shift systems set out in subparagraphs (1) to (4) of this paragraph, shall be paid as set out in the said Item 15.

 

Adult shift workers whilst working shift work on shift systems as follows:

 

6.          night shift, afternoon shift;

 

7.          night shift only;

 

8.          afternoon shift only, shall be paid as set out in the said Item 15.

 

Shift workers who work any afternoon or night shift other than under the shift systems set out in paragraphs (a), (b) and (c) of this subclause, and are not paid in respect of any day shift worked shall be paid per shift at the rate as set out in the said Item 15, for each afternoon or night shift worked.

 

(ii)        "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m., or in the case of 12 hour shift system, subsequent to 8 pm. and at or before 8 am.

 

10.  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.

 

11.  Night Work for Day Workers and Day Shift Workers

 

(i)         Subject to clause 20, Maximum Payment, but otherwise notwithstanding anything contained herein:

 

a day worker who is required, in lieu of ordinary day work; or

 

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 on 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 specified in clause 2, Rates of Pay, except on Saturdays, Sundays, 38-hour week rostered off days and holidays; and

 

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 4.00 p.m. and 8.00a.m., 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.

 

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

 

Day workers may be employed as, and become, 8 hour 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 off shift and 12 hour shift workers for no less than one week, and be paid accordingly.

 

Provided that an employee shall be paid at overtime rates for any shift upon which they are employed as a shift worker under this clause is respect of which they have not been given at least 48 hours notice.

 

13.  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.

 

14.  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:

 

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

 

on more than 11 shifts in 12 consecutive days; or

 

on a rostered shift off;

 

or 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 is 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 work is necessary it shall, wherever reasonably practicable, 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 these times shall, subject to this subclause, be released after the 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 instruction of the Company, such an employee resumes or continues working without having had such eight consecutive hours off duty they shall be paid at double rates until they are released from duty for such period and they 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 a holiday, or a Monday-to-Saturday shift worker 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) of this subclause.

 

(c)        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 16 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for each meal.

 

(d)        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.

 

(e)        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 their home; or

 

(B)       a place to which they usually travel by public conveyable 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 in reaching their home.

 

(f)         An employee who is recalled 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 17 of Table 2 for each meal.

 

(iv)       For the purposes 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.

 

15.  Payment for Training

 

Notwithstanding the provisions of clause 14, Overtime, approved attendance at authorised training courses will be paid as set out below:

 

(i)         During Ordinary Working Hours - No deduction from the ordinary weekly wage (award and bonus) for absence due to time spent in tuition, travelling or examination.

 

(ii)        Outside Ordinary Working Hours - Single-time payment of ordinary wage rate (award and bonus but excluding shift penalties, overtime, etc.) will apply to time spent in tuition or examination only. Payment will not be made to an employee for additional training time which is authorised for reasons such as repeating previously authorised training.

 

16.  Requirement 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 a Sunday and a holiday, at the rates prescribed by this award, and, unless reasonable excuse exists, the employee shall work in accordance with such requirement.

 

(ii)        Subject to clause 12, Transfer of Day Workers from Day Work to Shift Work, and clause 13, Transfer of Shift Workers, for the purpose of meeting the needs of the industry the Company may require an employee to transfer from one system of work to another system of work, prescribed by this award, at the rate applicable thereto, and, unless reasonable excuse exists, the employee shall transfer in accordance with such requirement.

 

17.  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 for 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, and at an extra rate calculated in accordance with subclause (iii) of this clause.

 

(ii)        This provision for payment does not apply to:

 

(a)        employees whose rostered shift off falls on a holiday (subject to the provisions of paragraph (b) of subclause (ii) of clause 25, Days Added to the Period of Annual Leave or Long Service Leave);

 

(b)        employees absent without leave or reasonable excuse on the working day preceding or the working day succeeding a holiday.

 

(iii)       In addition to payments outlined in subclause (i) of this clause, employees shall also be paid a bonus under the applicable bonus scheme.

 

(iv)       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.

 

18.  Sunday and Holiday Rates

 

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

 

19.  Shift Workers Whose Working Period Includes Sundays and Holidays as Ordinary Working Days

 

No working period shall include Sundays and holidays as ordinary working days, except for the following shift workers:

 

(i)         Firemen,

 

(ii)        Watchmen, changehouse and first-aid attendants.

 

20.  Maximum Payment

 

(i)         Shift allowance and special rates shall not be subject to any premium or penalty additions.

 

(ii)        All rates prescribed by this award shall not exceed double the rates prescribed by clause 2, Rates of Pay, or clause 3, Leading Hands, provided that this subclause shall not apply to any excess due to payments under clauses 5, Special Rates, 6, Electrical Tradespersons - Special Rates, 7, Maintenance - Special Rates, 9, Shift Work Allowances for Shift Workers, or 18, Sunday and Holiday Rates (in respect of work done on holidays).

 

21.  Employees Presenting Themselves for Work and Not Required

 

Subject to the provisions of clause 29, Contract of Employment, employees who present themselves for their ordinary work without notice that they will not be required, shall be paid at least four hours' pay.

 

22.  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 21 years they shall be paid the adult rate whilst to engaged.

 

(iii)       No youth 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, 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.

 

23.  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 paid leave of absence for any period in respect of which they are entitled to workers' compensation.

 

(b)        The employee shall, within 24 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 one year's continued employment: 40;

 

2.         in the case of an employee with one or more year's continued employment but less than ten year's continued employment: 64;

 

3.         in the case of an employee with ten 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 other 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 the employment of the Company on or after 1 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 1 January 1986:

 

(A)       during the period between 18 and 31 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 for 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 1 January 1986, the year of his/her employment which commenced during 1986.

 

(iii)       In the case of an employee who otherwise is entitled to a 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 any time so lost shall not be taken into account in computing the qualifying period of three months.

 

(v)        Service before the date of the 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 at overtime rates.

 

23A.  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 (ii) 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 23, 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)       a spouse of the employee; or

 

(B)       a de facto 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 the person on a bona fide domestic basis although not legally married to that person; or

 

(C)       a child or an adult child (including an adopted child, a stepchild, 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

 

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

 

(E)        a relative of the employee who is a member of the same household where, for the purpose of this subparagraph:

 

(i)         "relative" means a person related by blood, marriage or affinity;

 

(ii)        "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other, and

 

(iii)       "household" means a family group living in the same domestic dwelling.

 

An employee shall, wherever 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 the unpaid leave for purpose of providing care and support to a member of a class of person set out in 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 and 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 days are taken.

 

(iv)       Time Off in Lieu of Payment of 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 the 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.

 

23B.  Anti Discrimination

 

(1)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identify and age.

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(4)        Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted form anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

24.  Annual Leave

 

(i)         Day Workers and Monday-to-Saturday Shift Workers - see Annual Holidays Act 1944.

 

(ii)        Shift workers under clause 19, Shift Workers Whose Working Period Includes Sundays and Holidays as Ordinary Working Days:

 

(iii)       In addition to the benefits provided by Section 3 of the Annual Holidays Act 1944 with regard to an annual holiday of four weeks, an 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 19, shall be entitled to the additional leave as below 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 33 ordinary shifts worked as a seven-day shift worker.

 

3.          Subject to subparagraph (4) of this paragraph, the employee shall be paid for such additional leave at the annual leave rate of pay for the number of ordinary hours of work for which such employee 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.

 

(iv)       Where the employment of a worker has been terminated and they thereby become 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 three and one-half hours at the annual leave rate of pay with respect to each 21 shifts of service as such seven-day shift worker which they have rendered during such period of employment.

 

(v)        A seven-day shift worker under this subclause shall be paid at the appropriate rate for any "compulsory roster" shift, also known as a 21st shift, which they would have worked during their period of annual leave had they not been on annual leave.

 

(vi)       Monday-to-Saturday shift workers who are regularly rostered for duty on Saturdays as ordinary working days - In addition to the benefits provided by Section 3 of the Annual Holidays Act 1944 with regard to an annual holiday of four weeks, an 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 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:

 

(a)        For every 13 Saturdays upon which the employee worked an 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.

 

(b)        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.

 

(vii)      All employees - Annual Leave Loading -

 

(a)        In respect of a period of annual leave an employee shall be paid a loading of 20 per cent or whichever amount, to be calculated for the period of their annual leave, is the less of:

 

1.         the employee's ordinary rate of pay pursuant to the Annual Holidays Act 1944 and, where applicable, their annual leave rate of pay pursuant to clause 24, Annual Leave, and clause 25, Days Added to the Period of Annual Leave or Long Service Leave; or

 

2.         the sum of -

 

(A)       the employee's award rate of pay for ordinary time at the commencement of their annual leave, as prescribed by clause 1, Basic Wage; clause 2, Rates of Pay; and clause 3, Leading Hands; and

 

(B)       the employee's rate of maximum all-purpose bonus payable at the commencement of their annual leave pursuant to the bonus setting applicable to them.

 

Provided that an employee who would have worked on shift work had they not been on annual leave shall be paid whichever is the greater of the 20 per cent loading, or the shift work allowances pursuant to clause 9, Shift Work Allowances for Shift Workers, and the weekend penalty rates pursuant to clause 10, Saturday Rates for Shift Workers, and (in respect of Sundays only) clause 18, Sunday and Holiday Rates, that would have been payable to them in respect of ordinary time during their 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.

 

25.  Days Added to the Period of Annual Leave Or Long Service 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 19, Shift Workers Whose Working Period Includes Sundays and Holidays as Ordinary Working Days, 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 or long service leave to which they are entitled under this award.

 

(ii)        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 17, Holidays.

 

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 the said clause 19; 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 day or 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 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 24, Annual Leave, or clause 26, Long Service Leave.

 

(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 a 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 - 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 become 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 19 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 17, Holidays, 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 17.

 

26.  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 17, Holidays, treated as days appointed by the Governor as public holidays for the purposes of the application to them of Section 4 (4A) of the Long Service Leave Act 1955.

 

27.  Jury Service

 

An employee required to attend for jury service during their ordinary hours; or 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:

 

(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.

 

28.  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.

 

29.  Contract of Employment

 

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

 

(ii)        Employment of employees on probation for the first 13 weeks of service shall be from day to day at the weekly rate fixed, determinable at a day's notice. This probationary period shall not apply where employment follows a period of engagement as defined in clause 42, Supplementary Labour - Rates of Pay.

 

(iii)       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 for by clause 23, Sick Pay, lose their pay for the actual time of such non-attendance or non-performance.

 

(iv)       Subject as aforesaid, employment shall be terminated by a week's notice on either side, given at any time during the week, or by the payment or forfeiture of a week's wages, as the case may be. Where an employee has given notice or has been given notice by the Company, 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.

 

(v)        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 -

 

No employee shall be stood down before an adequate investigation of the circumstances of the alleged offence has been made or, except in the case of a group standing down, before they have had an opportunity to state their case and to adduce witnesses to the fact.

 

Where a superintendent is on duty in the department, to which the employee is attached, any decision as to the standing down of the employee shall be made by the superintendent.

 

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 either to the employee themselves or to other employees or to plant and equipment; or

 

2.          interfere with the normal and orderly functioning of

 

3.          the Company's operations; or

 

4.          be prejudicial to discipline.

 

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 other time as may be arranged mutually and the superintendent, after reviewing the case, shall inform the employee of their decision on the matter.

 

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.

 

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.

 

"Superintendent" shall include -

 

1.         any officer with authority higher than that of a superintendent;

 

2.         any officer acting as a superintendent's deputy in the absence of a superintendent;

 

3.         in a department where there is no officer with the title of superintendent, the supervisor who is in charge or, in their absence, their deputy.

 

"Department" shall include a department so called and any other separately administered section of the plant.

 

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

 

(vi)       This clause shall not affect the right of the Company to deduct payment for any day during which 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.

 

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

 

(viii)     no employee shall be dismissed without notice before an adequate investigation of the circumstances of the alleged offence has been made;

 

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;

 

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;

 

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 seven calendar days from the time that the employee was told of their dismissal; and

 

2.          during these seven calendar days, notwithstanding the provisions of subclause (v) of this clause, the employee shall be stood down without pay;

 

the words "superintendent" and "department" shall have the same meaning as in subclause (v) of this clause.

 

30.  Automation

 

(i)         Notwithstanding the provisions of clause 29, Contract of Employment, 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 12 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:

 

The Company shall pay the employee at the ordinary rate of pay for the employee's classification in clause 2, Rates of Pay, for a period equal to the difference between three months and the period of the notice given.

 

The period of notice required by this clause to be given shall be deemed to be service with the Company for the purpose of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of those Acts, and provided further that the right of the Company to dismiss an employee for the reasons specified in clause 29, Contract of Employment, 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 changes which will result in one or more employees becoming redundant, the Company shall give notification in accordance with this subclause at least six months before the introduction of such mechanisation or technological changes and, if is not practicable for the Company to give such notifications at least six months before such introduction, the Company shall give the notifications as early as it is practicable for the Company to give them.

 

(iii)       The notifications 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.

 

31.  Redundancy

 

1.          Purpose

 

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

 

2.          Definitions

 

In this clause:

 

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

 

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

 

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

 

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

 

3.          Notice

 

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

 

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

 

4.          Redundancy Benefit

 

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

 

the minimum benefit is 8 weeks

 

the maximum benefit is 104 weeks

 

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

 

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

 

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

 

(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.

 

5.          General exclusions

 

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

 

requiring the employer to extend a redundancy benefit to an employee where the employer offers the employee acceptable alternative employment (including alternative employment with rate retention arrangements as elsewhere provided for under this award/agreement)

 

giving rise to an entitlement to a voluntary redundancy benefit in the absence of a formal offer by the employer

 

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

 

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

 

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

 

32.  Retention of Rates

 

(i)         Where, 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 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.

 

33.  Definitions

 

(i)         Day workers are employees other than shift workers and include employees on night work within clause 11, Night Work for Day Workers and Day Shift Workers.

 

(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)       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.

 

(v)        Annual leave rate of pay means -

 

In the case of -

 

1.          annual leave under clause 24, Annual Leave, and days added to the period of annual leave under clause 25, Days Added to the Period of Annual Leave or Long Service Leave, 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 clauses 24 and 25 upon the termination of the employment of an employee at the same time as 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 payment made under the Act.

 

In the case of annual leave under the said clause 24 and days added to the period of annual leave under the said clause 25 being taken otherwise than immediately before or after leave under the Annual Holidays Act 1944, the ordinary pay of the employee calculated in accordance with the said Act, as if such leave had been taken under the Act.

 

34.  Time and Payment of Wages

 

(i)         All wages shall be paid fortnightly by direct deposit into each employee's bank (or other recognised financial institution) account.

 

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

 

35.  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, during working hours, to interview the Company or its representative in the case of a dispute affecting the employees in their shop or department; provided that the Company shall not be bound to give recognition as delegate to an employee in respect of whom a written notification has been received from the union concerned that the union does not recognise such employee as a delegate.

 

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

 

(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.

 

36.  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.

 

37.  Safety Glasses, Hearing Protection and Gloves

 

(i)         The Company shall supply, and the employee shall wear, safety glasses and hearing protection when engaged in any work which, in the opinion of the Company, but subject to review by the Industrial Relations Commission of New South Wales, necessitates the use of glasses and ear muffs for the purpose of protection.

 

(ii)        All employees shall be supplied with gloves, free of cost, where reasonably necessary.

 

38.  Tools

 

The Company shall make available for the use of each of the tradespersons listed below such tools which they may be required to use to enable them to perform their work, other than those contained in the list of tools with which each tradesperson is required to provide themselves as set out in the respective exhibits tendered in Matter Numbers 323 and 373 of 1952 and 113 of 1953 and hereunder marked with the exhibit number set opposite each tradesperson classification:

 

Electrical Fitters - Exhibit D;

 

Electrical Mechanics - Exhibit E;

 

Plumbers - Exhibit F.

 

39.  Return of Company's Property

 

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

 

40.  Procedure for Resolving Claims, Issues and Disputes

 

(i)         Introduction -

 

The parties intend that the level of direct action in the Company's operations, particularly strikes, be greatly reduced in order to provide a basis for a reduction of the ordinary weekly hours of work in the steel industry to 38 and to minimise contraction of the industry's operations.

 

Where change proposals aimed at improved business performance are being discussed and where agreement cannot be reached, alternatives which meet the objectives will be considered and trialed to assess their effectiveness. Should agreement not be reached after trialing and assessment, the pre-existing arrangement will be reinstated and the matter progressed through this procedure.

 

Subject to paragraph (b) of this subclause, whilst other general claims, issues or disputes are being resolved by this procedure, work will continue in accordance with immediate past practice.

 

However, if this results in the creation of a safety hazard or if the continued operation of major plant is threatened, an interim method of operation will be agreed on which does not have these negative effects. Failing agreement, the supervisor's decision as to how work will proceed will be implemented, in the knowledge that the decision will require justification to the Grievance Committee.

 

Regardless of the arrangements under which work proceeds, it will be without prejudice to the final resolution.

 

The Grievance Committee will consist of the superintendent and/or supervisor, delegates as agreed and the employee(s) involved, the organiser, if required, the Superintendent Employee Relations and/or the Manager Operations.

 

Delegates will accept their obligations as laid down by the Industrial Relations Commission of New South Wales to do all in their power to ensure that work proceeds as normal. In the absence of a delegate, representatives will undertake to accept these obligations, or call in a delegate from another department.

 

Where rank and file meetings are held, appropriate management representatives will be invited to personally address the meetings or, alternatively, have presented to the meeting a written statement representing the Manager's position.

 

Work group issues and disputes will be discussed and resolved via the available consultative procedure and broader or plant-wide issues will be referred to the appropriate group, eg., delegates, sub-branch, etc., to allow resolution to be achieved within the relevant work group or work groups in the first instance.

 

(ii)        Procedure - To enable claims, issues and disputes to be progressed while work proceeds normally, the following procedure will apply:

 

(a)        Step 1 - The details of the dispute or claim will be presented to the supervisor.

 

If the supervisor's immediate response is unacceptable or if there is a need to further investigate the situation or to refer it to a senior officer, then an Industrial Incident Report (I.I.R.) will be prepared which will include the employee's version of the dispute.

 

It will be the supervisor's obligation to provide a response to the issue as soon as possible. If a response is not given by the end of the supervisor's next ordinary shift, then they will give a progress report which will include an undertaking as to the time by which a response will be given.

 

The response will be via the I.I.R. and will contain the superintendent's and Manager's view where appropriate. If the delegate or representative is not in receipt of a reply by the end of the next shift, or by the agreed time, they will seek one from the supervisor. Note that a copy of the I.I.R. will be sent to the Human Resources Department for their input.

 

If the Human Resources Department's comments or actions are required, the I.I.R. is to be marked "Input Required".

 

(b)        Step 2 - If the response provided by way of I.I.R. is not acceptable, the aggrieved employee and/or delegate may seek discussion with the superintendent. Alternatively, the appropriate Grievance Committee will be convened with the aim of resolving the dispute to the satisfaction of all of the parties. This will be done by discussion or a series of discussions where all of the circumstances can be reviewed by union and management representatives.

 

(c)        Step 3 - If resolution cannot be reached, then management and/or the union(s) will refer the matter to the Industrial Relations Commission.

 

(iii)       Fast Track to Contain Imminent Strike Action - Under normal circumstances the above procedure will apply. However, if the delegate judges that the feeling of the rank and file is such that an industrial action is imminent, they will seek quick resolution by contacting, in turn, the union official or sub-branch official, the Superintendent Employee Relations, or Operation Superintendents/Supervisors, or the Manager Operations.

 

(iv)       Review of Procedure - In the event of the failure of the procedure to prevent stoppage of work occurring, the Grievance Committee will be convened to examine the reasons that the procedure failed as a prelude to the discussion of the issue.

 

41.  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 negotiation on matters affecting their efficiency and productivity.

 

42.  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.

 

43.  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.

 

44.  Apprentices

 

Where any provisions of this award, in 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 that 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) of this clause or owing to his or her absence from the service of the Company, unless such absence is caused by:

 

the Company's fault;

 

illness not exceeding one week in each year of service duly certified by a qualified medical practitioner;

 

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 misconduct, etc.:

 

First Offence - The apprentice shall be told 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.

 

For insolence, wilful disobedience, wilful damage to property, neglect of safety precautions which may result in injury to themselves or fellow employees, theft, assault or other serious and wilful misconduct:

 

First Offence - The apprentice may be instantly 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.

 

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 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 wages for apprentices shall be as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

(b)        The total wages of apprentices shall be calculated to the nearest five cents; any broken part of five cents in the result not exceeding half of five cents shall be disregarded.

 

(c)        An employee who is under 21 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.

 

(e)        Tool Allowance - This allowance per week shall apply to apprentices as set out in Item 18 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. The allowance shall apply for all purposes of the award.

 

(f)         Where it was the practice as at 14 December 1979 for the Company to provide all tools ordinarily 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 (e) of this subclause shall not apply to such apprentices.

 

45.  Performance Recognition Payments Scheme

 

The Performance Recognition (Lump Sum) Payments Scheme appended (Appendix 1) to this award is given effect.

 

46.  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 included in a Plan, including, for example superannuation contributions and employee share plans."

 

47.  Parental Leave

 

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

 

1.          Eligibility

 

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

 

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

 

2.          Entitlement

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

3           Giving notice and applying for leave

 

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

 

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

 

4           Impact of paid parental leave on other entitlements

 

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

 

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

 

5.          Impact of legislative paid parental leave on these entitlements

 

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

 

48.  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 shift worker 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 4weeks; 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.

 

49.  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.

 

50.  No Extra Claims Commitment

 

(i)         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.

 

(ii)        There will be agreed scope to arbitrate, if necessary, unresolved issues about classification restructuring or work value claims.

 

(iii)       Clauses (i) and (ii) do not limit the ability of the parties to perform the process outlined in clause 9.5 of the Settlement.

 

51.  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.

 

52.  Area, Incidence and Duration

 

(i)         This Award rescinds and replaces the OneSteel Wire Pty Ltd Newcastle Wiremill Award published 2 April 2004  (Vol 343 I.G. 950).

 

(ii)        This Award shall apply to all employees (including apprentices within clause 41, Apprentices) of OneSteel Wire Pty Ltd Newcastle Wiremill, employed in the classifications mentioned herein at its works at Port Waratah.

 

(iii)       Notwithstanding subclause (ii), this award shall not apply to employees of OneSteel Wire Pty Ltd who are covered by the OneSteel Wire Pty Ltd Newcastle Fence Post Plant Award.

 

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

 

(v)        This Award shall take effect from the beginning of the first pay period to commence on or after 1 September 2005 and shall expire on 31st August 2008 (the nominal term).

 

(vi)       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.

 

Classification	A	B	C	D
	$	$	$	$
Wireworker
Level 1	570.10	575.80	598.80	622.80
Level 2	595.90	601.90	626.00	651.00
Level 3	620.70	626.90	652.00	678.10
Level 4	647.50	654.00	680.20	707.40
Level 5	675.70	682.50	709.80	738.20
Level 6	704.20	711.20	739.60	769.20
Serviceperson
Level 1	569.30	575.00	598.00	621.90
Level 2	596.10	602.10	626.20	651.20
Level 3	622.50	628.70	653.80	680.00
Level 4	649.50	656.00	682.20	709.50
Level 5	676.20	683.00	710.30	738.70
Engineering Tradesperson
Level 1	672.50	679.20	706.40	734.70
Level 2	696.40	703.40	731.50	760.80
Level 3	718.70	725.90	754.90	785.10
Level 4	754.00	761.50	792.00	823.70
Level 5	777.00	784.80	816.20	848.80
Level 6	812.00	820.10	852.90	887.00
Electrical Tradesperson
Level 1	691.30	698.20	726.10	755.10
Level 2	714.90	722.00	750.90	780.90
Level 3	741.70	749.10	779.10	810.30
Level 4	777.00	784.80	816.20	848.80
Level 5	803.20	811.20	843.60	877.30
Level 6	829.50	837.80	871.30	906.20

 

Junior Employees - Unapprenticed
Age
Under 17 years of age	45%
At 17 and under 18 years of age	65%

 

Apprentices	A	B	C	D
	$	$	$	$
Classification
Year 1	290.90	293.80	305.60	317.80
Year 2	375.90	379.70	394.90	410.70
Year 3	500.30	505.30	525.50	546.50
Year 4	573.70	579.40	602.60	626.70

 

Table.  2 - Other Rates And Allowances

 

Item	Clause		Brief Description	ffpp	ffpp	ffpp	ffpp
No	No			1/09/05	1/03/2006	1/09/2006	1/09/2007
				$	$	$	$
1	2(iii)		Juniors lifting weights 18 kgs or over	0.83		0.85	0.88
2	2(iv)(a)		Tool Allowance - Engineering	22.70		23.40	24.10
			tradespersons employed in the
			plumbing stream
			For all other trades persons	12.40		12.80	13.20
3	2(v)		Electrical tradesperson licence
			allowance
			A grade	29.60		30.50	31.40
			B grade	16.00		16.50	17.00
4		3(i)	Leading hands in the wireworker model and electrical an and buildingstreams of
			engineering -
			If in charge of not more than 5	22.20	22.40	23.30	24.20
			employees
			If in charge or more than 5 but	33.10	33.40	34.70	36.10
			less than 15 employees
			If in charge of more than 15	46.50	47.00	48.90	50.90
			employees
5	3(ii)		Leading hands in the service person model and the mechanical and fabricating
			streams of the engineering model -
			If in charge of not less than 3 and	30.30	30.60	31.80	33.10
			not more than 10 employees
			If in charge of more than 10 but	45.70	46.20	48.00	49.90
			not more than 20 employees
			If in charge of more than 20	58.10	58.70	61.00	63.40
			employees
			Special Rates
			Brief Description
6	5(i)(b)		Hot work special rates for	0.49		0.50	0.52
			bricklayers and their assistants
7	5(ii)(a)		Wet places	1.71		1.76	1.81
8	5(iii)(a)		Explosive - powered tools	0.13		0.13	0.13
			Minimum payment	1.13		1.16	1.19
9	5(iii)(b)		Plumber - working on chokage	5.43		5.59	5.76
	(c)(1)		Required to compute quantities or	0.49		0.50	0.52
			make up estimates
	(c)(2)		Working in a cramped position or	0.61		0.63	0.65
			without sufficient ventilation
	(c)(e)		Working with or in the vicinity of	0.61		0.63	0.65
			insulating material
	(d)		Working in a swinging bosun's	2.05		2.11	2.17
			chair, swinging stage or rope
			ladder 7.5m above ground level
10	5(iii)(e)		Plumber when required to act on:
	(1)		Plumber's licence	0.73		0.75	0.77
	(2)		Gasfitter's licence	0.73		0.75	0.77
	(3)		Drainer's licence	0.63		0.65	0.67
	(4)		Plumber's and gasfitter's licence	0.98		1.01	1.04
	(5)		Plumber's and drainer's licence	0.98		1.01	1.04
	(6)		Gasfitter's and drainer's licence	0.98		1.01	1.04
	(7)		Plumber's, gasfitters and drainer's	1.36		1.40	1.44
			licence
11	5(iv)		Applying obnoxious substances -
	(a)		Serviceperson in the preparation	0.61		0.63	0.65
			and/or the application of epoxy
			based materials or materials of a
			like nature
	(b)		Applying such materials when air	0.39		0.40	0.41
			conditioning not working
	(d)		Working in close to proximity to	0.49		0.50	0.52
			employees so engaged
12	5(vi)		A plumber, licensed plumber and/or	0.54		0.56	0.58
			lead burner who is the holder of a
			certificate of registration under
			the Plumbers, Gasfitters and
			Drainers Act 1979
			Electrical employees
13	6 (I)		Hot places - Working for more	0.43		0.44	0.45
			than one hour in the shade where
			the temperature is raised by artificial
			means to between 56 and
			54 degrees Centigrade
			Exceeds 54 degrees Centigrade	0.56		0.58	0.60
	(ii)(a)		High places - 15 metres or more	0.47		0.48	0.49
			above level service
			For each further 15 metres	0.47		0.48	0.49
	(b)		Working in a bosun's chair or	0.47		0.48	0.49
			swinging scaffold at a height up to
			15 metres above level surface
			For each further 15 metres	0.47		0.48	0.49
	(iii)		Dirty work - Unusually dirty or	0.43		0.44	0.45
			offensive nature
	(iv)		Confined spaces	0.56		0.58	0.60
	(v)		Wet places	2.45		2.52	2.60
	(vi)		Explosive - powered tools	0.14		0.15	0.15
			Minimum payment	1.13		1.16	1.19
	(vii)(c)		Using toxic substances in	0.57		0.59	0.61
			quantities of 0.5kg or over
			Working in close proximity to	0.47		0.48	0.49
			employees so engaged
14	7		Employees in the mechanical and fabricating streams -
	(i)		Confined spaces	0.58		0.60	0.62
	(ii)		Dirty work	0.43		0.44	0.45
	(iii)		Hot places - working fore more than	0.43		0.44	0.45
			one hour in the shade in places where
			the temperature is artificially raised
			to between 46-54 degrees Centigrade
			Where the temperature exceeds 54	0.58		0.60	0.62
			degrees Centigrade
	(iv)		Explosive - powered tools	0.14		0.15	0.15
			Minimum payment	1.15		1.18	1.22
	(v)		Handling insulation material	0.57		0.59	0.61
15			Shift work allowance for shift workers -
	9(I)(a)		Regular weekly changes	67.20	67.90	70.60	73.40
			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 not on day shift
	(b)		Allowance whilst working shift work which involves regular weekly changes -
	(1)		Day shift, night shift	67.20	67.90	70.60	73.40
	(2)		Day shift, afternoon shift	57.20	57.80	60.10	62.50
	(3)		Day shift, day shift, afternoon shift	57.20	57.80	60.10	62.50
	(4)		Day shift, day shift, night shift	57.20	57.80	60.10	62.50
	(5)		Junior shift workers when working	67.20	67.90	70.60	73.40
			under any of the shift systems set
			out above
	(c)		Allowance for the following shift systems
	(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
	(d)		Work on any afternoon or night shift	27.00	27.30	28.40	29.50
			other than the shift systems in(a),
			(b) or (c) and are not paid in respect
			of any day shift
16	14(iii) (c) (2)		Meal allowance overtime	9.70		CPI	CPI
17	14(iii)(f)(2)		Meal allowance - recalled to work	9.70		CPI	CPI
18	41(iv)(e)		Tool allowance for apprentices
			First year	5.20		5.40	5.60
			Second year	6.80		7.00	7.20
			Third year	9.30		9.60	9.90
			Fourth year	10.90		11.20	11.50

 

 

APPENDIX 1

 

Onesteel Wire Pty Ltd - Newcastle Wiremill & Fence Post Plant Performance Recognition Payments Scheme

 

1.          Nature of Agreement and Parties to the Agreement -

 

This agreement between OneSteel Wire, Newcastle Wiremill and Fence Post Plant and the unions listed below ("the parties") provides for a system of quarterly business performance improvement recognition payments to employees.

 

The unions party to this agreement are:

 

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

 

The New South Wales Plumbers and Gasfitters Employees' Union.

 

2.          Purpose of the Agreement -

 

The parties acknowledge that Newcastle Wiremill and Newcastle Fence Post Plant can become and remain competitive and existing benefits can be maintained and additional payments justified and financially supported only through constantly improving business performance.

 

Therefore, it is the purpose of this 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.          Required Actions

 

Actions which the parties agree are required to achieve the purpose of the agreement and which they will co-operate to implement include, but are not limited to:

 

ongoing review of work organisation to maximise flexibility, efficiency and continuity of operations;

 

training to meet business and personal needs;

 

participate and co-operate in improvement activities;

 

adopt a team approach to work;

 

utilise skills held as required;

 

maintain strict adherence to the Dispute Settling Procedure;

 

use of contractors to improve business performance;

 

selection and redeployment based primarily on skill, preparedness to train, competence and performance.

 

4.          Principles of the Scheme

 

The terms of this Scheme are:

 

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 continue to be departmentally based and focused on specific improvement targets identified in the Business Plan for each Department. 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.

 

Each Department will undertake regular communication with employees and display and regularly update written reports/charts on departmental scoreboards regarding performance of the measure(s) against the targets set.

 

Payments under the scheme will be made at the end of each quarter, based on individual Department's 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.

 

5.          Eligibility for Payment

 

Quarterly payments will be made to employees of OneSteel Wire Pty Ltd, Newcastle Wirewill and Fence Post Plant in full-time employment on the Company's payroll at the end of each payment quarter and Supplementary Labour (as defined in clause 42 of the Wiremill Award and clause 39 of the Fence Post Plant Award) who are engaged for a full PRPS payment quarter as defined. Participation in the end of year "top up" arrangement, should it be necessary, will apply to those employees on the Company's payroll at the end of the period of operation of each set of measures and targets applying under the agreement.

 

In addition, full-time employees who leave during a business quarter, other than those dismissed, will be eligible to participate in the scheme for that quarter on a pro rata basis.

 

Only those employees who leave during the final quarter of each year of this agreement will be eligible to participate in the "top up" payment for that year. Employees shall not have included in their gross earnings, payments in respect of absences on workers' compensation when not in receipt of accident pay, termination payments and performance recognition payments paid during the quarter but related to a previous quarter.

 

6.          Consultation and Review Mechanism

 

The operation of the Performance Recognition Payment Scheme, its performance measures and associated payments, will be monitored and reviewed by the Joint Consultative Committee. The purpose of this review shall be to:

 

assess the extent to which the agreement is achieving its objectives;

 

and identify problems and develop, recommend and implement (where possible) corrective actions.

 

Issues arising associated with the introduction or operation of this Performance Recognition Payment Scheme will be progressed to conclusion in an orderly manner in accordance with the agreed dispute settling procedure.

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.