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New South Wales Industrial Relations Commission
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ONESTEEL WIRE PTY LTD ROPES AWARD
  
Date12/30/2005
Volume355
Part4
Page No.841
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C3981
CategoryAward
Award Code 021  
Date Posted12/29/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(021)

SERIAL C3981

 

ONESTEEL WIRE PTY LTD ROPES AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by OneSteel Wire Pty Ltd.

 

(No. IRC 4231 of 2005)

 

Before The Honourable Mr Deputy President Harrison

17 August 2005

 

AWARD

 

PART A

 

Clause No.         Subject Matter

 

1.         Area, Incidence and Duration - General

2.         Employment Relationship

3.         Payments and Allowances

4.         Hours of Work, Overtime and Shift Work

5.         Leave

6.         Consultation

7.         Training and Development

8.         Other Conditions

9.         Job Models

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Table 2 - Other Rates and Allowances

 

Appendix 1 - OneSteel Ropes Performance Recognition Payments Scheme

 

PART A

 

1.  Area, Incidence and Duration - General

 

1.1        Title - This award shall be referred to as the OneSteel Wire Pty Ltd Ropes Award.

 

1.2        Definitions of Terms -

 

1.2.1     Day Workers are employees other than shift workers and include employees on night work within subclause 4.5, Night Work for Day Workers and Day Shift Workers, of clause 4, Hours of Work, Overtime and Shift Work.

 

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

 

1.2.3     Monday-to-Saturday Shift Workers are shift workers whose ordinary working hours are worked between Monday and Saturday.

 

1.2.4     Night Shift means any shift finishing after midnight and at or before 8.00 a.m.

 

1.2.5     Department Head means:

 

any person reporting directly to the Operations Manager of Newcastle Wire Rope Works;

 

any officer with authority higher than that of department head;

 

any officer deputising for a department head.

 

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

 

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

 

1.2.8     Training and development definitions:

 

(a)        Career Paths - Career paths consist of the opportunity for individuals to grow by expanding their skills and knowledge as part of the model and thereby increasing their contribution to the business and rewards for themselves.

 

(b)       Model - A collection of skills and knowledge which forms a career path.

 

(c)        Level - The model is divided into a number of  levels, each of which has a separate pay rate.

 

(d)       Module - A block of knowledge and/or skills for a particular category in the Employee Development Model.

 

(e)        Category - The heading describing the modules in each column (or stream of the model).  There is one  module per category at each level.

 

(f)        Unit - Each module contains a number of separate units.

 

(g)       Process Audit - A systematic analysis of the production maintenance and service process designed to identify the skills required to reproduce and continually improve the quality of the process, using the available technology in the most cost effective way.

 

(h)       Accreditation - The process used to assess and approve:

 

the content of modules;

 

the minimum standard of performance required to successfully complete the module;

 

the method of assessment of performance.

 

(i)         Certification  - The process  of assessing the performance of an employee in a recognised module or unit. On completion of all the requirements of a module or unit, a certificate will be issued which contains a summary of the knowledge/skill acquired.

 

(j)         Skills Audit - A formal assessment of those skills and knowledge possessed by employees which are relevant to an employee's career path.  The audit is used to assess the level at which the employee enters the model.

 

1.3        Where and When Does This Award Apply?

 

1.3.1     This Award shall apply to employees of OneSteel Wire Pty Ltd employed in the classifications in this award at OneSteel Ropes at Mayfield.

 

1.3.2     This Award rescinds and replaces the OneSteel Wire Pty Ltd Ropes Award published 5 March 2004 (Vol 343 I.G. 529).

 

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

 

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

 

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

 

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

 

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

 

Discussions regarding a replacement settlement may commence 3 months prior to expiry of this settlement.

 

1.4        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.

 

2.  Employment Relationship

 

2.1        Contract of Employment -

 

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

 

2.1.2     Employment of employees will be probationary for the first three months of service. Employment during the first two weeks of the probation period shall be from day to day. Employment in this period may be terminated by a day's notice on either side or by the payment or forfeiture of a day's wages, as the case may be. This probationary period shall not apply where employment follows a period of engagement as defined in clause 8.4, Supplementary Labour - Rates of Pay.

 

2.13      Employees shall perform such work as the Company reasonably shall, from time to time, require and an employee not attending for or not performing his/her duty shall, except as provided for by subclause 5.2, Sick Pay, of clause 5, Leave, lose his/her pay for the actual time of such non-attendance or non-performance.

 

2.1.4     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 been given notice by the Company, he/she shall, upon request, be granted leave of absence without pay for one day or shift during the period of notice in order to look for alternative employment.

 

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

 

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

 

(b)       Where a department head 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 department head.

 

(c)        Where no department  head 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 constitute a hazard either to the employee or to other employees or to plant and equipment, or interfere with the normal and orderly functioning of the Company's operations, or be prejudicial to discipline.

 

(d)       Where a supervisor stands an employee down, the supervisor shall arrange for the employee to be interviewed by the department head 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 department head, after reviewing the case, shall inform the employee of the decision on the matter.

 

(e)        An employee shall be entitled to appeal to the Operations Manager against  any decision of a department head but the department head's decision shall take effect pending the determination of the appeal.

 

(f)        Where an employee is working in a department other than the department to which they are attached, the employee may be stood down in accordance with the provisions of this subclause by the appropriate supervisor in the department in which they are working, in lieu of the appropriate supervisor of the department to which they are attached.

 

2.1.6     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.

 

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

 

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

 

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

 

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

 

(d)       If immediately following a dismissal without notice the dismissed employee, or their delegate, tells the department head that the dismissal will be contested:

 

(i)         the dismissal shall take effect seven calendar days from the time that the employee was told of the dismissal; and

 

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

 

2.1.8     Requirement to Work in Accordance with the Needs of the Industry -

 

(a)        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.

 

(b)       Subject to subclause 4.6, Transfer of Day Workers from Day Work to Shift Work, and subclause 4.7, Transfer of Shift Workers, of clause 4, Hours of Work, Overtime and Shift Work, 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.

 

2.1.9     Miscellaneous -

 

(a)        Tools of Trade - The Company shall provide all tools of trade, free of cost, to employees classified in this award, other than carpenters and joiners, electrical fitters and electrical mechanics.  Provided that if tools are lost or damaged, other than by fair and ordinary use, they shall be paid for by the employees.

 

(b)       Safety Glasses - The Company shall supply and the employee shall wear safety glasses 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 for the purpose of protection. The employee shall pay the cost of any replacement necessary by reason of loss or breakage due to their carelessness.

 

(c)        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 the final wages the reasonable value of the article.

 

2.1.10   Employees Presenting Themselves for Work and Not Required - Subject to the provisions of this subclause, an employee who presents for ordinary work without notice that they will not be required shall be paid at least four hours' pay.

 

2.2        Automation -

 

2.2.1     Notwithstanding the provisions of subclause 2.1, 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 employment. Provided that, if the employment of such employee is terminated on that account and the Company fails to give such notice in full:

 

(a)        the Company shall pay the employee at the ordinary rate of pay for the employee's classification in clause 3, Payments and Allowances, for a period equal to the difference between three months and the period of the notice given;

 

(b)       the period of notice required by this paragraph 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 shall not be prejudiced by the fact that the employee has been given notice, pursuant to this clause, of the termination of his/her employment.

 

2.2.2     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 it is not practicable for the Company to give such notifications at least six months before such introduction, then the Company shall give the notifications as early as it is practicable for the Company to give them. The notifications to be given in accordance with this 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.

 

2.3        Redundancy

 

2.3.1     Purpose

 

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

 

2.3.2     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).

 

2.3.3     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.

 

2.3.4     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 2.3.3 above.

 

(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 has 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 otherwise arising under the OneSteel Manufacturing Wage Agreement 2001.

 

(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.

 

2.3.5     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.

 

3.  Payments and Allowances

 

3.1        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.

 

3.2        Rate of Pay - The minimum rate of pay per 38-hour week for any classification shall, subject to other provisions of this award, be the rate attached to that classification as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates. The rates represent payments for skills, duties, responsibilities, authority and conditions encountered.

 

3.3        Bonus - In addition to the minimum rates of pay prescribed by this award, employees receive payments according to a bonus scheme.

 

3.4        Allowances -

 

3.4.1     Tool Allowance - An allowance for each 38-hour week will be paid to employees for supplying and maintaining tools ordinarily required in the performance of their work. The allowances are paid for all purposes of the award.

 

Technicians,  Engineering Tradespersons and Electrical

 

Tradespersons - The amount in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

Carpenters - The amount as set out in Item 2 of the said Table 2.

 

For adult apprentices, tool allowances are considered to be part of their ordinary rate until they become qualified tradespeople.

 

3.4.2     Licence Allowance - Electricians holding an "A" class electrical licence receive the amount in Item 3 of Table 2.

 

3.4.3     Shift Allowances -

 

(a)        Shift workers whilst working rotating shifts (day shift, night shift, afternoon shift) with regular weekly changes receive the amount in Item of 4 Table 2.  The amount is paid per 38-hour week in respect of all shifts worked.

 

Provided that each such rotating shift worker, when engaged under  a roster system which does not provide for at least one-third of his/her working time in the full cycle of the roster being on day shift, shall be paid an additional shift allowance at the rate set out in Item 5 of Table 2. This is paid in respect of each of any number of afternoon and/or night shifts more than two-thirds of his/her working time in the roster worked by him/her.

 

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 week.

 

(b)       Adult shift workers whilst working shift work which involves regular weekly changes as follows:

 

Day shift, night shift - at the rate set out in Item 6 of Table 2.

 

Day shift, afternoon shift - at the rate set out in Item 7 of Table 2.

 

(c)        Adult shift workers whilst working shift work on  shift systems as follows:

 

night shift, afternoon shift;

 

night shift only;

 

afternoon shift only;

 

shall be paid at the rate set out in Item 8 of Table 2

 

(d)       Shift workers who work any afternoon or night shift other than under the shift systems set out in subparagraphs (a), (b) and (c) of this paragraph and are not paid in respect of any day shift worked shall be paid, for each afternoon or night shift worked, at the rate set out in Item 9 of Table 2.

 

(i)         "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.

 

3.4.4     Group Leader Allowance - Persons formally appointed as Group Leaders or Co‑ordinators receive a Group Leader allowance as set out in Item 10 of Table 2.

 

3.5        Maximum Payment -

 

3.5.1     Shift allowances shall not be subject to any premium or penalty additions.  All other allowances are paid for all purposes of the award.

 

3.5.2     Rates shall not exceed double the rates prescribed in this clause, provided that this clause will not apply to payments under paragraph  3.4.3, Shift Allowances, of subclause 3.4, Allowances, and subclause 4.3, Sunday and Holiday Rates, of clause 4, Hours of Work, Overtime and Shift Work, in respect of work done on holidays.

 

3.6        Time and Payment of Wages -

 

3.6.1     All wages shall be paid fortnightly by deposit into a bank account, credit union or building society. Funds will be available by 4.00 p.m. on the day nominated as pay day by the Company.

 

3.6.2     Subject to the provisions of subclause 2.1, Contract of Employment, of clause 2, Employment Relationship, upon termination of employment, wages and moneys due for annual holidays shall be paid on the day of such termination. This subclause shall not apply to an employee on probation.

 

3.6.3     The provisions of paragraphs 3.6.1 and 3.6.2 shall not apply where it is not reasonably practicable for the Company to comply with its obligations on account of causes for which it cannot reasonably be held responsible. Proof of the existence of such circumstances shall lie upon the Company. In such circumstances the Company shall pay wages as soon as it is reasonably practicable for it to do so by direct deposit, cash or cheque.

 

3.6.4     Except for unpaid absences or overtime,  an employee employed by the week may have an adjustment made to fortnightly pays to balance the effect of taking a roster day in one week of each month.

 

3.7        Mixed Functions -

 

3.7.1     A person will retain the rate and bonus for their ordinary classification level of the job model, with the exception of:

 

Persons certificated to relieve as Shift Co-ordinators.

 

Persons certificated to relieve as Reel Shop Co-ordinators.

 

Persons certificated to relieve as Group Leaders.

 

Persons with trade qualifications such as boilermaking or electrical whose skills cannot be utilised on a full-time basis.

 

When these people work in the classifications mentioned above, they shall receive the appropriate rate.

 

4.  Hours of Work, Overtime and Shift Work

 

4.1        Ordinary Hours of Work -

 

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

 

(a)        eight during any consecutive 24 hours; 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 exceeds 28 consecutive days.

 

4.1.2     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)       On each day worked, Monday to Friday, inclusive, 30 minutes between the hours of 10.00 a.m. and 2.30p.m. shall be allowed to day workers for a meal.

 

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

 

4.2        Overtime -

 

4.2.1     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.

 

4.2.2     Shift Workers - Shift workers for all time worked:

 

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

 

(b)       on more than 11 shifts in 12 consecutive days; or

 

(c)        on a rostered shift off; or

 

(d)       in excess of five and one-half hours without a crib break,

 

shall be paid at the rate of time and one-half for the first two hours and at the rate of double time thereafter. This subclause shall not apply when the time is worked by arrangement between the employees themselves or for the purpose of effecting the customary rotation of shifts.

 

4.2.3     General -

 

(a)        Rate of pay for overtime shall be the "maintained rate" under subclause 8.2, Retention of Rates, of clause 8, Other Conditions, or the job model classification rate, whichever is higher.

 

(b)       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 ordinary work on one day and the commencement of their ordinary work on the next day that there has not been at least eight consecutive hours off duty between those times shall, subject to this paragraph, 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 work without having had such eight consecutive hours off duty they shall be paid at double rates until released from duty for such a period and then shall be entitled to be absent until they have had eight consecutive hours off duty, without loss of pay for ordinary working  time occurring during such absence.

 

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

 

(c)        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 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 subparagraph (b) of this paragraph.

 

(d)       An employee required to continue at work on overtime for more than one and a half hours after ordinary ceasing time without  having been notified before leaving work on the previous day that they would be required to work overtime shall, at the employee's option, be provided, free of cost, with a suitable meal and another meal for each subsequent meal break into which the work extends, or be paid for each meal at the rate set out in Item 11 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

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

 

(f)        Where an employee or employees working overtime finish work at a time when reasonable means of transport are not available to them, the Company shall:

 

Within a reasonable time, convey them or supply them with conveyance to a reasonable distance from home or a place to which they usually travel by public conveyance when returning home from work, or a place from which they can, within a reasonable time, obtain public conveyance to a reasonable distance from home or the place to which they usually travel by public conveyance when returning home from work, or pay them their current rate of pay for the time reasonably occupied in reaching their home.

 

(g)       An employee who is recalled from home to work overtime shall, at the employee's option, 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 be paid for each such meal at the rate set out in Item 11 of Table 2.

 

For the purpose of this subparagraph, a recall from home to work overtime takes place when an employee is notified at home of the requirement to return to work.

 

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

 

4.4        Saturday Rates for Shift workers - Shift workers for their ordinary shift of eight hours performed on Saturday shall be paid at the rate of time and one-half.

 

4.5        Night Work for Day Workers and Day Shift Workers -

 

4.5.1     Subject to subclause 3.5, Maximum Payment, of clause 3, Payments and Allowances, but otherwise notwithstanding anything contained herein:

 

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

 

(b)       a day shift worker who is required in lieu of day shift on which the employee 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 an employee's 38-hour week rostered off night, shall be paid at the rate of time and one-half of the ordinary rate of pay under the said clause 3, or the corresponding clause of a federal  award, except:

 

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

 

(d)       in respect of any night in respect of which an employee has not been given at least 48 hours' notice,

 

when they shall be paid at overtime rates for day workers. No shift allowance is payable in respect of night work under this clause.

 

4.5.2     In this subclause "night" means any hours between 4.00 p.m. and 8.00 a.m., and "day shift worker" means a shift worker employed on a shift system involving day shifts only.

 

4.6        Transfer of Day Workers from Day Work to Shift Work - Day workers may be employed as and become shift workers for a period of not less than five shifts or not less than four shifts when the fifth shift is a 38-hour week rostered off shift, and paid accordingly.

 

Provided that employees shall be paid at overtime rates for any shift upon which they are employed as shift workers under this clause in respect of which they have not been given at least 48 hours notice.

 

4.7        Transfer of Shift Workers - Shift workers who are 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 an employee reverts to the shift on which he/she would ordinarily have been rostered.

 

4.8        Payment for Training - Notwithstanding the provisions of subclause 4.2, Overtime, of this clause, approved attendance at authorised training courses will be paid as set out below:

 

(a)        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.

 

(b)        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.

 

5.  Leave

 

5.1        Holidays -

 

5.1.1     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 3, Payments and Allowances, or the corresponding clause of a federal award, plus the relevant bonus under subclause 3.3, Bonus, of the said clause 3.

 

5.1.2     This provision for payment does not apply to:

 

(a)        employees whose rostered shift off falls on a holiday (subject to the provisions of subparagraph of paragraph 5.4.1 of subclause 5.4, 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.

 

5.1.3     In addition to the public holidays prescribed in paragraph 5.1.1, 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.

 

5.2        Sick Pay -

 

5.2.1     Employees unable to attend for duty during 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 prescribed in subclause 3.3, Bonus, of clause 3, Payments and Allowances, for the time of such non-attendance, subject to the following:

 

(a)        They shall not be entitled to paid leave of absence for any period in respect of which they are entitled to workers' compensation.

 

(b)       They 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)        They shall prove to the satisfaction of the Company or, in the event of a dispute, the Industrial Relations Commission, 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 subclause is claimed.

 

(d)       They 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 subparagraph (e) of this paragraph. 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:

 

In the case of an employee with less than one year's continued employment - 40.

 

In the case of an employee with one or more years' continued employment  but less than ten years' continued employment - 64.

In the case of an employee with 10 or more years' continued employment - 80.

 

5.2.2

 

(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 subparagraph (e) of paragraph 5.2.1 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 shall be available as follows:

 

(i)         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;

 

(ii)        to any employee who entered their current employment with the Company before 1 January 1986:

 

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.

 

During the transition year - for a period of 15 years, but for no longer, from the end of the year in which they accrued.

 

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 purpose 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 employment which commenced during 1986.

 

5.2.3     In the case of employees who otherwise are entitled to a payment under this clause but who, at the time of the absence concerned, have 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.

 

5.2.4     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.

 

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

 

5.3        Annual Leave -

 

5.31      For annual leave provisions, see Annual Holidays Act 1944.

 

5.3.2     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 said Act, with regard to an annual holiday of four weeks, employees 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, give service to the company and Monday-to-Saturday shift workers  who are 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 works 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 clause is or incudes 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.

 

(c)        The additional entitlements under this subclause shall only apply in respect of leave which becomes fully due on or after 23 September 1980.

 

5.3.3     All employees - Annual Leave Loading -

 

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

 

(i)         their ordinary pay pursuant to the Annual Holidays Act 1944; or

 

(ii)        the sum of their classification rate of pay for ordinary time (excluding shift allowance) under clause 3, Payments and Allowances, at the time  of commencement of his/her annual leave.

 

Provided that employees who would have worked on shift work had they not been on annual leave shall be paid whichever is the greater of the said loading or the shift work allowances pursuant to paragraph 3.4.3, Shift Allowances, of clause 3, Payments and Allowances, and the weekend penalty rates pursuant to subclause 4.4, Saturday Rates for Shift Workers, of clause 4, Hours of Work, Overtime and Shift Work, and (in respect of Sundays only) subclause 4.3, Sunday and Holiday Rates, of the said clause 4, that would have been payable to them in respect of ordinary time during the period of annual leave had they not been on annual leave.

 

(b)       The loading prescribed by this subclause shall apply to payment in lieu of a fully due annual holiday on termination of employment, but shall not apply to proportionate annual holiday payment on termination of employment.

 

5.4        Days Added to the Period of Annual Leave or Long Service Leave -

 

5.4.1     An employee who is rostered off duty on a day which is a holiday prescribed by this award and who is not required to work on that day shall:

 

(a)        have one day added to their annual leave period; or

 

(b)       by mutual consent be paid, in the pay for the period in which the holiday falls, for the holiday at the rate payable pursuant to subclause (i) of subclause 5.1, Holidays, of this clause.

 

This paragraph shall not apply when the holiday falls on a Saturday or Sunday, or 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.

 

5.4.2     Any day or days added in accordance with paragraph 5.4.1 of this subclause shall be the working day or working days immediately following the period of the annual leave or long service leave respectively to which the employee is entitled under subclauses 5.3, Annual Leave, or 5.5, Long Service Leave, of this clause.

 

5.4.3     For the purpose of paragraph 5.4.4 of this subclause, working days shall be:

 

(a)        in the case of an employee who, at the commencement of the 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 a period of annual leave or long service leave, as the case may be, was employed as a Monday-to-Saturday shift worker - any day of the week, other than  Sunday or a holiday prescribed by this award, including a day on which the employee concerned would have been rostered off duty if they were not on annual leave or long service leave.

 

5.4.4     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 under paragraph 5.4.1 of this subclause at the annual leave rate of pay.

 

5.5        Long Service Leave -

 

5.5.1     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.

 

5.5.2     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 said Act; or

 

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

 

5..5.3    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 (i.e. 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.

 

5.5.4     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 (i.e. excluding compulsory rostered overtime, shift and weekend penalty rates).

 

5.5.5     An employee shall be entitled to have all days which are prescribed as holidays by subclause 5.1, Holidays, treated as days appointed by the Governor as public holidays for the purpose of the application of Section 4(4A) of the Long Service Leave Act 1955.

 

5.6        Jury Service - An employee required to attend for jury service - during ordinary working 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 for jury service, is not reasonably able to report for work on the night shift or afternoon shift, as the case may be,

 

(a)        shall receive the actual wage that they would have received had they worked their normal shift\s. Employees on jury service who are not empanelled and dismissed for the rest of the day must report for work.

 

(b)        An employee summoned for jury duty shall notify the Company as soon as possible of the date upon which they are required to attend and shall keep the Company informed of the likely duration of their attendance.

 

5.7        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.

 

5.8        State Personal/Carer's Leave Case - August 1996:

 

5.8.1     Use of Sick Leave -

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in section (ii) of subparagraph (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 subclause 5.2, 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:

 

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

 

(ii)        the person concerned being:

 

(A)       a spouse of the employee; or

 

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

 

(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 the 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:

 

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

 

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

 

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

 

(d)       An employee shall, 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.

 

5.8.2     Unpaid Leave for Family Purpose -

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in section (ii) of subparagraph (c) of paragraph 5.8.1 who is ill.

 

5.8.3     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 subparagraph (a) of this paragraph, 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.

 

5.8.4     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.

 

5.8.5     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.

 

5.8.6     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. 

 

5.9        Anti Discrimination

 

5.9.1     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.

 

5.9.2     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.

 

5.9.3     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. 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.

 

5.9.4     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.

 

5.9.5     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.

 

5.10      Extended wage support - non-works injury or illness

 

5.10.1   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.

 

5.10.2   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

 

5.10.3   Extended wage support - non-works injury or illness

 

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

 

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

 

Additionally, employees will be required to utilise:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

5.10.4   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

 

5.10.5   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).

 

5.10.6   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.

 

5.11      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.

 

5.11.1   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.

 

5.11.2   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.

 

5.11.3   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.

 

5.11.4   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.

 

5.11.5   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.

 

6.  Consultation

 

6.1        Union Delegates -

 

6.1.1     Recognition

 

The Company shall give recognition to employees who are appointed as delegates of their shop or department.  Delegates will be allowed the necessary time, during working hours, to interview the Company or its representative in 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.

 

6.1.2     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.

 

6.2        Grievance and Dispute Settlement Procedures -

 

6.2.1     Introduction - The parties intend that claims, issues and disputes be resolved without resorting to direct action, in order to minimise the serious impact on the industry's operations. To enable claims, issues and disputes to be progressed while work proceeds normally, the following procedure will apply.

 

6.2.2     Department Claims, Issues and Disputes -

 

(a)        Employee(s) and/or delegate(s) of  the union(s) involved will place the claim, issue or dispute before the immediate supervisor.  The immediate supervisor will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible. If the reply cannot be given by the end of the next ordinary working shift, a progress report will be given.

 

(b)       Failing agreement, employee(s) and/or delegate(s of the union(s) involved will place the claim, issue or dispute before  the superintendent or deputy. The superintendent or deputy will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible.  If a reply cannot be given by the end of the superintendent's or deputy's next  ordinary working day a progress report will be given.

 

(c)        Failing agreement, employee(s) and/or delegate(s) and/or official(s) of the union(s) involved will place the claim, issue or dispute before the company's Industrial Relations Department.  The claim issue or dispute  and all relevant circumstances relating to it shall then be fully reviewed by the management of the Company and by the union(s) involved and all reasonable steps shall be taken in an endeavour to resolve the matter.

 

(d)       Failing agreement, the claim, issue or dispute shall be referred to the appropriate industrial relations tribunal if the union(s) wants to pursue it further.

 

(e)        The procedures in subparagraphs (a) to (c) of this paragraph  do not apply  to claims, issues or disputes relating to genuine safety matters.  In such matters the Company will undertake immediate investigations  including discussions  with  the employee(s) and/or delegate(s) and/or official(s) of the unions  involved.   As necessary,  the appropriate Government authority will be involved.

 

6.2.3     General Claims, Issues and Disputes -

 

(a)        The official(s) and delegate(s) of the union(s) involved will place the claim, issue or dispute before the Operations Manager who will take all reasonable steps to reply as soon as possible.

 

(b)       Failing agreement, the claim, issue or dispute shall be referred to the appropriate industrial relations tribunal if the union(s) wants to pursue it further.

 

6.2.4     The provisions of this clause shall not affect in any way any other rights and duties of any party to this award pursuant to the Act or any other Act or at common law in relation to any matter.

 

6.3        A consultative committee for NWRW will provide a forum for discussion of major enterprise-based matters of mutual concern. The committee will comprise representatives of management, employees and supervisors.  A constitution will be agreed upon which sets out details of the function and administration of the committee.

 

7.  Training and Development

 

Principles of Employment and Job Development -

 

7.1        General Principles -

 

7.1.1     The principal objective of training and development is to improve efficiency and productivity and provide employees with opportunities for career development in well-paid fulfilling jobs.

 

7.1.2     The job model is based on principles set out in the BHP Ropes Development Agreement 26.3.90. In particular, the programme  shall proceed  in accordance  with the principles below:

 

Work restructuring and employee development are inseparable and form part of a total approach to improving work organisation.

 

This involves:

 

a change in focus from narrow classification to skill categories associated with work activities;

 

a change in emphasis from having a job to being able to upgrade skills by training and advancing through a career structure;

 

a change in the role of the supervisor and development of a team approach for getting the task completed;

 

acceptance of greater responsibility and accountability by employees for the quality of the work; and

 

work flexibility.

 

7.1.3     Training and classifications will meet the needs of the wire  rope industry  and maximise  portability of qualifications between this and  other industries, including  the  metals  and engineering  industry. However, work restructuring and training programmes will focus on OneSteel Ropes requirements.

 

7.1.4     An employee's development is a shared responsibility of both the Company and the employee.

 

7.1.5     An employee will be paid for completion of a level in the model relevant to that employee's section.

 

7.1.6     A level is completed only after an employee has been certificated in all the required modules for the relevant level.

 

7.1.7     Training will be provided to enable employees to progress at a reasonable rate through various levels, taking into account the needs of the company/section and the availability of courses and the interest and ability of the employees.

 

7.1.8     An employee will be permitted to complete as much of a whole job as is safe, practical and legal.

 

Employees will work flexibly and utilise the full range of certificated and non-certificated skills possessed and recognised.

 

7.1.9     To obtain the rate of pay for a level, an employee must complete and be competent in all required modules up to and including that level, i.e., until the modules are completed, the higher rate is not available.

 

7.2        Training - Design and Conduct -

 

7.2.1     Appropriate certification will be provided to employees on successful completion of a module or unit.  Both the assessor and the trainee will sign and date this record.

 

7.2.2     The content of training modules developed will be accredited by the Training and Safety Co-ordinator. Where possible, modules will include the minimum standard of performance to successfully complete the module as well as a method to assess competence.  Modules will be developed and implemented with appropriate input from supervisors and employees of the area affected by the module.

 

7.2.3     Certification will be carried out by accredited assessors, i.e., people who are personally competent in the area being assessed.

 

7.2.4     Where certification is carried out by a supervisor and/or a peer group, an appeal mechanism will be provided as follows:

 

Firstly, meeting with supervisor, function head, employee and employee chosen by the appellant (this may be a union delegate).

If this does not resolve the appeal, the grievance handling procedure applies.

 

7.2.5     Some skills may require re-certification to ensure critical safety and operational requirements are met. Decisions will also be subject to appeal.

 

7.2.6     A person must demonstrate mastery of the skill on the job before full certification can be obtained.  This means that some skills will need to be applied on the job for a period of time before final certification.

 

7.2.7     National and local accreditation needs may be taken into account in designing training. However, this will not impede the design and implementation of training courses.

 

7.3        Transfers - Transfers between sections (and models) will be possible, subject to a vacancy existing.  It will be made on the basis of vacancy requirements, past  performance and assessed competence. The appeal mechanism is that mentioned in paragraph 9.1.2 of subclause 9.1 of clause 9, Job Models.

 

Any vacancies in different streams will be advertised on notice boards.

 

7.4        Transitional Arrangements -

 

7.4.1     An audit will be conducted to assess the knowledge and skills held by existing employees.

 

7.4.2     Current employees will be allocated to a level in the model after an assessment (subject to appeal) of current knowledge, skills and responsibility.

 

Current employees will be protected and suffer no financial disadvantage from their present position.

 

7.4.3     Participation in training for progression will be voluntary for persons in employment at the commencement of this award.

 

7.4.4     Employees who elect not to participate in training for progression will retain their current rate of pay.  They will not participate in any future increases associated with work value review of levels in the model until such time as they agree to participate and are trained.

 

7.4.5     All employees will work flexibly, including those who elect not to participate in training.  In the latter  case, this may include carrying out some other suitable tasks so that another employee can be trained or maintain skills in the job the first employee normally carries out.

 

7.5        Adult Apprenticeships -

 

7.5.1     Adult apprentices may be employed in order to provide flexibility in production and maintenance operations, and provide a career development option for OneSteel Ropes employees.

 

7.5.2     Every adult apprentice will be indentured.

 

7.5.3     A three-month probation period will apply to adult apprentices.

 

7.5.4     Adult apprentices will retain their classification rate of pay while training (i.e., the  rate for the classification which applied to the apprentice  immediately prior to entering apprenticeship).  On completion of their apprenticeship (both formal training and competency in relevant on-the-job areas) the apprentice will slot into the relevant trade model.

 

7.5.5     Tool allowance is to be included as part of the rates of pay in clause 3, Payments and Allowances, i.e., not to be paid in addition.

 

7.5.6     Adult apprentices are required to purchase a supply of tools which remain part of their personal tool kit.  Other tool requirements are supplied.

 

7.5.7     Proof of attendance at a technical college is required to ensure payment for time so spent.

 

8.  Other Conditions

 

8.1        Maintenance of Earnings -

 

8.1.1     Maintenance of earnings will apply to circumstances arising out of the transition from the classification-based pay structure to the skill-based job models in clause 9, Job Models.  The retention of rates provisions contained in subclause 8.2, Retention of Rates, will apply in all other situations detailed in this clause.

 

8.1.2     This arrangement will cease to apply where future changes (e.g., a plant rationalisation, technological or market change, etc.) result in employees, by necessity, being transferred to other positions.  In these circumstances, the normal award retention of rates provisions will then apply.

 

8.1.3     Employees whose current earnings (existing classification and bonus) are greater than the level applicable to them as determined by their placement in the job models in the said clause 9, shall maintain their current earnings, subject to the following adjustments and conditions:  Employees will continue to attract adjustments applicable to their previous classification, provided that when the earnings (as determined by classification  and bonus) applicable to their level in the model exceed their earnings as determined by their previous classification they will thereafter receive the earnings as per the model.  All employees participating in this maintenance of earnings agree to work flexibly and utilise the full range of skills they possess.

 

8.1.4     All new employees will be paid in accordance with the rates of pay as provided for under the job models.

 

8.2        Retention of Rates -

 

8.2.1     Where after 11th November 2003, as a result of the rationalisation of the Company's operations, the introduction of technological change, changes in work practices or market change, an employee is appointed to a classification or classifications which receive a lower ordinary time rate of pay (including all purpose components e.g. group leader 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.

 

8.2.2     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.

 

8.2.3     Provided that in (8.2.1) and (8.2.2) 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.

 

8.2.4     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.

 

8.2.5     General - Superannuation contributions are made at the retained rates.

 

8.3        Flexible Remuneration

 

8.3.1     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.

 

8.3.2     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.

 

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

 

8.3.4     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.

 

8.3.5     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.

 

8.3.6     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.

 

8.3.7     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.

 

8.3.8     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.

 

8.3.9     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."

 

8.4        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.

 

8.5        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.

 

8.6        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.

 

8.7        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.

 

9.  Job Models

 

9.1        Principles of Job Model -

 

9.1.1     Employees will be slotted into a job model level following an audit of their skills.

 

Employees may, in cases of  doubt, be slotted on a "probation" basis for six months.  At the end of six months, their slotted position is confirmed or they return to their previous level.

 

9.1.2     There will be an appeal to a sub-committee consisting of the employee, the trainer, an appropriate supervisor and, if needed, a member of the Consultative Committee.  This sub-committee makes a recommendation to management.  Failing settlement, the award grievance procedure applies.

 

9.1.3     The initial slotting requires people to flexibly use the full range of their existing skills and undertake training as required by the Company in areas where they have currently not been trained up to that level.

 

9.1.4     Any person not wishing to participate to this extent will be regarded as a "stopper" and will retain their existing rate and bonus. "Stoppers" will still be required to work with sufficient flexibility to allow others to be trained.

 

9.1.5     Changes to Job Model - The job model and payments attached may be altered by agreement between the parties to take advantage of opportunities for increased flexibility and career development as they arise.

 

Any changes will be subject to relevant wage fixing limits set by the Industrial Relations Commission of New South Wales.

 

PART B

 

MONETARY RATES

 

Adult Basic Wage:    $121.40 per week

 

Table 1 - Rates of Pay (inclusive of 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

 

$

$

$

$

Technician

 

 

 

 

Entry

682.70

689.50

717.10

745.80

Level 1

709.60

716.70

745.40

775.20

Level 2

736.40

743.80

773.60

804.50

Level 3

776.80

784.60

816.00

848.60

Level 4

808.70

816.80

849.50

883.50

Level 5

842.20

850.60

884.60

920.00

Shift Co-ordinator

715.60

722.80

751.70

781.80

Ropemaker

 

 

 

 

Entry

564.90

570.50

593.30

617.00

Level 1A

591.20

597.10

621.00

645.80

Level 1

608.70

614.80

639.40

665.00

Level 2

633.40

639.70

665.30

691.90

Level 3

651.70

658.20

684.50

711.90

Level 4

699.40

706.40

734.70

764.10

Electrical Tradesperson

 

 

 

 

Entry

700.90

707.90

736.20

765.60

Level 1

717.00

724.20

753.20

783.30

Level 2

742.80

750.20

780.20

811.40

Level 3

777.90

785.70

817.10

849.80

Level 4

814.90

823.00

855.90

890.10

Level 5

838.20

846.60

880.50

915.70

Engineering Tradesperson

 

 

 

 

Entry

682.70

689.50

717.10

745.80

Level 1

701.70

708.70

737.00

766.50

Level 2

719.20

726.40

755.50

785.70

Level 3

752.80

760.30

790.70

822.30

Level 4

784.40

792.20

823.90

856.90

Level 5

819.80

828.00

861.10

895.50

Engineering Assistant

 

 

 

 

Level 1

573.90

579.60

602.80

626.90

Level 2

616.00

622.20

647.10

673.00

Level 3

640.50

646.90

672.80

699.70

Reel Shop

 

 

 

 

Co-ordinator

776.40

784.20

815.60

848.20

Carpenter

 

 

 

 

Entry

684.10

690.90

718.50

747.20

Level 1

702.30

709.30

737.70

767.20

Level 2

754.90

762.40

792.90

824.60

Reelmaker

 

 

 

 

Entry

577.30

583.10

606.40

630.70

Level 1

583.00

588.80

612.40

636.90

Level 2

603.10

609.10

633.50

658.80

Level 3

622.50

628.70

653.80

680.00

 

Table 2 - Other Rates and Allowances

 

Item

Clause

Brief Description

A

B

C

D

No

No

 

$

$

$

$

1

3.4.1

Tool Allowance, Engineering Trades

12.40

 

12.80

13.20

 

 

and Technicians

 

 

 

 

2

3.4.1

Tool Allowance, Carpenters

22.70

 

23.40

24.10

3

3.4.2

Licence Allowance, Electricians

29.60

 

30.50

31.40

4

3.4.3a

Shift Allowance, Regular Weekly

67.20

67.90

70.60

73.40

 

 

Changes - day night afternoon

 

 

 

 

5

3.4.3a

Shift Allowance, less than 1/3 on day work

44.80

45.20

47.00

48.90

6

3.4.3b

Shift Allowance, day shift, night shift

67.20

67.90

70.60

73.40

7

3.4.3b

Shift Allowance, day shift, afternoon shift

57.20

57.80

60.10

62.50

8

3.4.3c

Shift Allowance,

 

 

 

 

 

 

Night Afternoon

89.40

90.30

93.90

97.70

 

 

Night only

89.40

90.30

93.90

97.70

 

 

Afternoon only

89.40

90.30

93.90

97.70

9

3.4.3d

Shift allowance per shift for any

27.00

27.30

28.40

29.50

 

 

afternoon or night shift not in items 4 -

 

 

 

 

 

 

8 (Not paid in respect of any day shift)

 

 

 

 

10

3.4.4

Group Leader Allowance

33.10

33.40

34.70

36.10

11

4.2.3 d & g

Overtime meal Allowance

9.70

 

CPI

CPI

 

APPENDIX 1

 

ONESTEEL ROPES PERFORMANCE RECOGNITION  PAYMENTS SCHEME

 

1.          Nature of Agreement and Parties to Agreement - This agreement provides for a system of quarterly business performance improvement recognition payments.

 

The parties to this agreement are:

 

OneSteel Ropes;

 

The AWU, New South Wales Branch;

 

the Electrical Trades Union of Australia, New South Wales Branch;

 

the Construction, Forestry, Mining and Energy Union (New South Wales Branch);

 

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

 

2.          The Purpose of the Agreement - The parties acknowledge that OneSteel Ropes can remain competitive and support improving financial benefits only through constantly improving business performance.

 

Therefore, it is the purpose of the agreement to:

 

assist in achieving Critical Business Plan Objectives.  To this end, the parties commit themselves to co-operating in efforts to achieve lower operating costs, improved quality, improved delivery performance and increased productivity.  All of these will contribute to improved business performance and job security; recognise the contribution of employees to improved performance as it occurs.

 

3.          Required Actions - Actions which the parties agree to 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;

 

strictly adhere to the dispute settling procedure;

 

use of contractors to improve business performance;

 

selection and deployment 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 performance against set targets.

 

The performance measures operating will be based and focused on specific targets identified in the business plan and will be relevant to each Department.  The specific measures will be reviewed at least annually following completion of the Business Plan for each financial year but may be reviewed more often if circumstances dictate.

 

There will be regular communication with employees and written reports/charts will be updated and displayed on notice boards/score boards to communicate performance against targets.

 

Payments under the scheme will be made at the end of each quarter, based on performance against outcome against the targets and will be calculated as a percentage of each 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 per cent of quarterly gross earnings will be made for attainment of reasonably achievable performance targets; these payments can reach 5.5 per cent in any quarter for achievement of exceptional levels of performance.

 

There shall be provision to "top-up" payment to the 4.5 per cent 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 the 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 Ropes in full-time employment on the Company's payroll at the end of each payment quarter.

 

Participation in the end of year "top-up" arrangement should, if necessary, be applied 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 scheme.

 

In addition, full-time employees who leave during the 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 will be eligible for any "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 this scheme, its performance measures and associated payments will be monitored and reviewed by the OneSteel Ropes Consultative Committee or any agreed alternative. The purpose of this review shall be to:

 

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

 

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

 

Issues arising associated with the introduction or operation of this scheme will be progressed to conclusion in an orderly manner following the agreed dispute settling procedure.

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(021)

SERIAL C3981

 

ONESTEEL WIRE PTY LTD ROPES AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by OneSteel Wire Pty Ltd.

 

(No. IRC 4231 of 2005)

 

Before The Honourable Mr Deputy President Harrison

17 August 2005

 

AWARD

 

PART A

 

Clause No.         Subject Matter

 

1.         Area, Incidence and Duration - General

2.         Employment Relationship

3.         Payments and Allowances

4.         Hours of Work, Overtime and Shift Work

5.         Leave

6.         Consultation

7.         Training and Development

8.         Other Conditions

9.         Job Models

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Table 2 - Other Rates and Allowances

 

Appendix 1 - OneSteel Ropes Performance Recognition Payments Scheme

 

PART A

 

1.  Area, Incidence and Duration - General

 

1.1        Title - This award shall be referred to as the OneSteel Wire Pty Ltd Ropes Award.

 

1.2        Definitions of Terms -

 

1.2.1     Day Workers are employees other than shift workers and include employees on night work within subclause 4.5, Night Work for Day Workers and Day Shift Workers, of clause 4, Hours of Work, Overtime and Shift Work.

 

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

 

1.2.3     Monday-to-Saturday Shift Workers are shift workers whose ordinary working hours are worked between Monday and Saturday.

 

1.2.4     Night Shift means any shift finishing after midnight and at or before 8.00 a.m.

 

1.2.5     Department Head means:

 

any person reporting directly to the Operations Manager of Newcastle Wire Rope Works;

 

any officer with authority higher than that of department head;

 

any officer deputising for a department head.

 

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

 

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

 

1.2.8     Training and development definitions:

 

(a)        Career Paths - Career paths consist of the opportunity for individuals to grow by expanding their skills and knowledge as part of the model and thereby increasing their contribution to the business and rewards for themselves.

 

(b)       Model - A collection of skills and knowledge which forms a career path.

 

(c)        Level - The model is divided into a number of  levels, each of which has a separate pay rate.

 

(d)       Module - A block of knowledge and/or skills for a particular category in the Employee Development Model.

 

(e)        Category - The heading describing the modules in each column (or stream of the model).  There is one  module per category at each level.

 

(f)        Unit - Each module contains a number of separate units.

 

(g)       Process Audit - A systematic analysis of the production maintenance and service process designed to identify the skills required to reproduce and continually improve the quality of the process, using the available technology in the most cost effective way.

 

(h)       Accreditation - The process used to assess and approve:

 

the content of modules;

 

the minimum standard of performance required to successfully complete the module;

 

the method of assessment of performance.

 

(i)         Certification  - The process  of assessing the performance of an employee in a recognised module or unit. On completion of all the requirements of a module or unit, a certificate will be issued which contains a summary of the knowledge/skill acquired.

 

(j)         Skills Audit - A formal assessment of those skills and knowledge possessed by employees which are relevant to an employee's career path.  The audit is used to assess the level at which the employee enters the model.

 

1.3        Where and When Does This Award Apply?

 

1.3.1     This Award shall apply to employees of OneSteel Wire Pty Ltd employed in the classifications in this award at OneSteel Ropes at Mayfield.

 

1.3.2     This Award rescinds and replaces the OneSteel Wire Pty Ltd Ropes Award published 5 March 2004 (Vol 343 I.G. 529).

 

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

 

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

 

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

 

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

 

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

 

Discussions regarding a replacement settlement may commence 3 months prior to expiry of this settlement.

 

1.4        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.

 

2.  Employment Relationship

 

2.1        Contract of Employment -

 

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

 

2.1.2     Employment of employees will be probationary for the first three months of service. Employment during the first two weeks of the probation period shall be from day to day. Employment in this period may be terminated by a day's notice on either side or by the payment or forfeiture of a day's wages, as the case may be. This probationary period shall not apply where employment follows a period of engagement as defined in clause 8.4, Supplementary Labour - Rates of Pay.

 

2.13      Employees shall perform such work as the Company reasonably shall, from time to time, require and an employee not attending for or not performing his/her duty shall, except as provided for by subclause 5.2, Sick Pay, of clause 5, Leave, lose his/her pay for the actual time of such non-attendance or non-performance.

 

2.1.4     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 been given notice by the Company, he/she shall, upon request, be granted leave of absence without pay for one day or shift during the period of notice in order to look for alternative employment.

 

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

 

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

 

(b)       Where a department head 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 department head.

 

(c)        Where no department  head 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 constitute a hazard either to the employee or to other employees or to plant and equipment, or interfere with the normal and orderly functioning of the Company's operations, or be prejudicial to discipline.

 

(d)       Where a supervisor stands an employee down, the supervisor shall arrange for the employee to be interviewed by the department head 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 department head, after reviewing the case, shall inform the employee of the decision on the matter.

 

(e)        An employee shall be entitled to appeal to the Operations Manager against  any decision of a department head but the department head's decision shall take effect pending the determination of the appeal.

 

(f)        Where an employee is working in a department other than the department to which they are attached, the employee may be stood down in accordance with the provisions of this subclause by the appropriate supervisor in the department in which they are working, in lieu of the appropriate supervisor of the department to which they are attached.

 

2.1.6     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.

 

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

 

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

 

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

 

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

 

(d)       If immediately following a dismissal without notice the dismissed employee, or their delegate, tells the department head that the dismissal will be contested:

 

(i)         the dismissal shall take effect seven calendar days from the time that the employee was told of the dismissal; and

 

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

 

2.1.8     Requirement to Work in Accordance with the Needs of the Industry -

 

(a)        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.

 

(b)       Subject to subclause 4.6, Transfer of Day Workers from Day Work to Shift Work, and subclause 4.7, Transfer of Shift Workers, of clause 4, Hours of Work, Overtime and Shift Work, 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.

 

2.1.9     Miscellaneous -

 

(a)        Tools of Trade - The Company shall provide all tools of trade, free of cost, to employees classified in this award, other than carpenters and joiners, electrical fitters and electrical mechanics.  Provided that if tools are lost or damaged, other than by fair and ordinary use, they shall be paid for by the employees.

 

(b)       Safety Glasses - The Company shall supply and the employee shall wear safety glasses 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 for the purpose of protection. The employee shall pay the cost of any replacement necessary by reason of loss or breakage due to their carelessness.

 

(c)        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 the final wages the reasonable value of the article.

 

2.1.10   Employees Presenting Themselves for Work and Not Required - Subject to the provisions of this subclause, an employee who presents for ordinary work without notice that they will not be required shall be paid at least four hours' pay.

 

2.2        Automation -

 

2.2.1     Notwithstanding the provisions of subclause 2.1, 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 employment. Provided that, if the employment of such employee is terminated on that account and the Company fails to give such notice in full:

 

(a)        the Company shall pay the employee at the ordinary rate of pay for the employee's classification in clause 3, Payments and Allowances, for a period equal to the difference between three months and the period of the notice given;

 

(b)       the period of notice required by this paragraph 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 shall not be prejudiced by the fact that the employee has been given notice, pursuant to this clause, of the termination of his/her employment.

 

2.2.2     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 it is not practicable for the Company to give such notifications at least six months before such introduction, then the Company shall give the notifications as early as it is practicable for the Company to give them. The notifications to be given in accordance with this 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.

 

2.3        Redundancy

 

2.3.1     Purpose

 

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

 

2.3.2     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).

 

2.3.3     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.

 

2.3.4     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 2.3.3 above.

 

(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 has 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 otherwise arising under the OneSteel Manufacturing Wage Agreement 2001.

 

(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.

 

2.3.5     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.

 

3.  Payments and Allowances

 

3.1        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.

 

3.2        Rate of Pay - The minimum rate of pay per 38-hour week for any classification shall, subject to other provisions of this award, be the rate attached to that classification as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates. The rates represent payments for skills, duties, responsibilities, authority and conditions encountered.

 

3.3        Bonus - In addition to the minimum rates of pay prescribed by this award, employees receive payments according to a bonus scheme.

 

3.4        Allowances -

 

3.4.1     Tool Allowance - An allowance for each 38-hour week will be paid to employees for supplying and maintaining tools ordinarily required in the performance of their work. The allowances are paid for all purposes of the award.

 

Technicians,  Engineering Tradespersons and Electrical

 

Tradespersons - The amount in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

Carpenters - The amount as set out in Item 2 of the said Table 2.

 

For adult apprentices, tool allowances are considered to be part of their ordinary rate until they become qualified tradespeople.

 

3.4.2     Licence Allowance - Electricians holding an "A" class electrical licence receive the amount in Item 3 of Table 2.

 

3.4.3     Shift Allowances -

 

(a)        Shift workers whilst working rotating shifts (day shift, night shift, afternoon shift) with regular weekly changes receive the amount in Item of 4 Table 2.  The amount is paid per 38-hour week in respect of all shifts worked.

 

Provided that each such rotating shift worker, when engaged under  a roster system which does not provide for at least one-third of his/her working time in the full cycle of the roster being on day shift, shall be paid an additional shift allowance at the rate set out in Item 5 of Table 2. This is paid in respect of each of any number of afternoon and/or night shifts more than two-thirds of his/her working time in the roster worked by him/her.

 

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 week.

 

(b)       Adult shift workers whilst working shift work which involves regular weekly changes as follows:

 

Day shift, night shift - at the rate set out in Item 6 of Table 2.

 

Day shift, afternoon shift - at the rate set out in Item 7 of Table 2.

 

(c)        Adult shift workers whilst working shift work on  shift systems as follows:

 

night shift, afternoon shift;

 

night shift only;

 

afternoon shift only;

 

shall be paid at the rate set out in Item 8 of Table 2

 

(d)       Shift workers who work any afternoon or night shift other than under the shift systems set out in subparagraphs (a), (b) and (c) of this paragraph and are not paid in respect of any day shift worked shall be paid, for each afternoon or night shift worked, at the rate set out in Item 9 of Table 2.

 

(i)         "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.

 

3.4.4     Group Leader Allowance - Persons formally appointed as Group Leaders or Co‑ordinators receive a Group Leader allowance as set out in Item 10 of Table 2.

 

3.5        Maximum Payment -

 

3.5.1     Shift allowances shall not be subject to any premium or penalty additions.  All other allowances are paid for all purposes of the award.

 

3.5.2     Rates shall not exceed double the rates prescribed in this clause, provided that this clause will not apply to payments under paragraph  3.4.3, Shift Allowances, of subclause 3.4, Allowances, and subclause 4.3, Sunday and Holiday Rates, of clause 4, Hours of Work, Overtime and Shift Work, in respect of work done on holidays.

 

3.6        Time and Payment of Wages -

 

3.6.1     All wages shall be paid fortnightly by deposit into a bank account, credit union or building society. Funds will be available by 4.00 p.m. on the day nominated as pay day by the Company.

 

3.6.2     Subject to the provisions of subclause 2.1, Contract of Employment, of clause 2, Employment Relationship, upon termination of employment, wages and moneys due for annual holidays shall be paid on the day of such termination. This subclause shall not apply to an employee on probation.

 

3.6.3     The provisions of paragraphs 3.6.1 and 3.6.2 shall not apply where it is not reasonably practicable for the Company to comply with its obligations on account of causes for which it cannot reasonably be held responsible. Proof of the existence of such circumstances shall lie upon the Company. In such circumstances the Company shall pay wages as soon as it is reasonably practicable for it to do so by direct deposit, cash or cheque.

 

3.6.4     Except for unpaid absences or overtime,  an employee employed by the week may have an adjustment made to fortnightly pays to balance the effect of taking a roster day in one week of each month.

 

3.7        Mixed Functions -

 

3.7.1     A person will retain the rate and bonus for their ordinary classification level of the job model, with the exception of:

 

Persons certificated to relieve as Shift Co-ordinators.

 

Persons certificated to relieve as Reel Shop Co-ordinators.

 

Persons certificated to relieve as Group Leaders.

 

Persons with trade qualifications such as boilermaking or electrical whose skills cannot be utilised on a full-time basis.

 

When these people work in the classifications mentioned above, they shall receive the appropriate rate.

 

4.  Hours of Work, Overtime and Shift Work

 

4.1        Ordinary Hours of Work -

 

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

 

(a)        eight during any consecutive 24 hours; 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 exceeds 28 consecutive days.

 

4.1.2     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)       On each day worked, Monday to Friday, inclusive, 30 minutes between the hours of 10.00 a.m. and 2.30p.m. shall be allowed to day workers for a meal.

 

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

 

4.2        Overtime -

 

4.2.1     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.

 

4.2.2     Shift Workers - Shift workers for all time worked:

 

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

 

(b)       on more than 11 shifts in 12 consecutive days; or

 

(c)        on a rostered shift off; or

 

(d)       in excess of five and one-half hours without a crib break,

 

shall be paid at the rate of time and one-half for the first two hours and at the rate of double time thereafter. This subclause shall not apply when the time is worked by arrangement between the employees themselves or for the purpose of effecting the customary rotation of shifts.

 

4.2.3     General -

 

(a)        Rate of pay for overtime shall be the "maintained rate" under subclause 8.2, Retention of Rates, of clause 8, Other Conditions, or the job model classification rate, whichever is higher.

 

(b)       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 ordinary work on one day and the commencement of their ordinary work on the next day that there has not been at least eight consecutive hours off duty between those times shall, subject to this paragraph, 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 work without having had such eight consecutive hours off duty they shall be paid at double rates until released from duty for such a period and then shall be entitled to be absent until they have had eight consecutive hours off duty, without loss of pay for ordinary working  time occurring during such absence.

 

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

 

(c)        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 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 subparagraph (b) of this paragraph.

 

(d)       An employee required to continue at work on overtime for more than one and a half hours after ordinary ceasing time without  having been notified before leaving work on the previous day that they would be required to work overtime shall, at the employee's option, be provided, free of cost, with a suitable meal and another meal for each subsequent meal break into which the work extends, or be paid for each meal at the rate set out in Item 11 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

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

 

(f)        Where an employee or employees working overtime finish work at a time when reasonable means of transport are not available to them, the Company shall:

 

Within a reasonable time, convey them or supply them with conveyance to a reasonable distance from home or a place to which they usually travel by public conveyance when returning home from work, or a place from which they can, within a reasonable time, obtain public conveyance to a reasonable distance from home or the place to which they usually travel by public conveyance when returning home from work, or pay them their current rate of pay for the time reasonably occupied in reaching their home.

 

(g)       An employee who is recalled from home to work overtime shall, at the employee's option, 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 be paid for each such meal at the rate set out in Item 11 of Table 2.

 

For the purpose of this subparagraph, a recall from home to work overtime takes place when an employee is notified at home of the requirement to return to work.

 

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

 

4.4        Saturday Rates for Shift workers - Shift workers for their ordinary shift of eight hours performed on Saturday shall be paid at the rate of time and one-half.

 

4.5        Night Work for Day Workers and Day Shift Workers -

 

4.5.1     Subject to subclause 3.5, Maximum Payment, of clause 3, Payments and Allowances, but otherwise notwithstanding anything contained herein:

 

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

 

(b)       a day shift worker who is required in lieu of day shift on which the employee 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 an employee's 38-hour week rostered off night, shall be paid at the rate of time and one-half of the ordinary rate of pay under the said clause 3, or the corresponding clause of a federal  award, except:

 

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

 

(d)       in respect of any night in respect of which an employee has not been given at least 48 hours' notice,

 

when they shall be paid at overtime rates for day workers. No shift allowance is payable in respect of night work under this clause.

 

4.5.2     In this subclause "night" means any hours between 4.00 p.m. and 8.00 a.m., and "day shift worker" means a shift worker employed on a shift system involving day shifts only.

 

4.6        Transfer of Day Workers from Day Work to Shift Work - Day workers may be employed as and become shift workers for a period of not less than five shifts or not less than four shifts when the fifth shift is a 38-hour week rostered off shift, and paid accordingly.

 

Provided that employees shall be paid at overtime rates for any shift upon which they are employed as shift workers under this clause in respect of which they have not been given at least 48 hours notice.

 

4.7        Transfer of Shift Workers - Shift workers who are 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 an employee reverts to the shift on which he/she would ordinarily have been rostered.

 

4.8        Payment for Training - Notwithstanding the provisions of subclause 4.2, Overtime, of this clause, approved attendance at authorised training courses will be paid as set out below:

 

(a)        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.

 

(b)        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.

 

5.  Leave

 

5.1        Holidays -

 

5.1.1     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 3, Payments and Allowances, or the corresponding clause of a federal award, plus the relevant bonus under subclause 3.3, Bonus, of the said clause 3.

 

5.1.2     This provision for payment does not apply to:

 

(a)        employees whose rostered shift off falls on a holiday (subject to the provisions of subparagraph of paragraph 5.4.1 of subclause 5.4, 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.

 

5.1.3     In addition to the public holidays prescribed in paragraph 5.1.1, 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.

 

5.2        Sick Pay -

 

5.2.1     Employees unable to attend for duty during 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 prescribed in subclause 3.3, Bonus, of clause 3, Payments and Allowances, for the time of such non-attendance, subject to the following:

 

(a)        They shall not be entitled to paid leave of absence for any period in respect of which they are entitled to workers' compensation.

 

(b)       They 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)        They shall prove to the satisfaction of the Company or, in the event of a dispute, the Industrial Relations Commission, 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 subclause is claimed.

 

(d)       They 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 subparagraph (e) of this paragraph. 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:

 

In the case of an employee with less than one year's continued employment - 40.

 

In the case of an employee with one or more years' continued employment  but less than ten years' continued employment - 64.

In the case of an employee with 10 or more years' continued employment - 80.

 

5.2.2

 

(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 subparagraph (e) of paragraph 5.2.1 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 shall be available as follows:

 

(i)         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;

 

(ii)        to any employee who entered their current employment with the Company before 1 January 1986:

 

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.

 

During the transition year - for a period of 15 years, but for no longer, from the end of the year in which they accrued.

 

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 purpose 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 employment which commenced during 1986.

 

5.2.3     In the case of employees who otherwise are entitled to a payment under this clause but who, at the time of the absence concerned, have 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.

 

5.2.4     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.

 

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

 

5.3        Annual Leave -

 

5.31      For annual leave provisions, see Annual Holidays Act 1944.

 

5.3.2     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 said Act, with regard to an annual holiday of four weeks, employees 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, give service to the company and Monday-to-Saturday shift workers  who are 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 works 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 clause is or incudes 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.

 

(c)        The additional entitlements under this subclause shall only apply in respect of leave which becomes fully due on or after 23 September 1980.

 

5.3.3     All employees - Annual Leave Loading -

 

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

 

(i)         their ordinary pay pursuant to the Annual Holidays Act 1944; or

 

(ii)        the sum of their classification rate of pay for ordinary time (excluding shift allowance) under clause 3, Payments and Allowances, at the time  of commencement of his/her annual leave.

 

Provided that employees who would have worked on shift work had they not been on annual leave shall be paid whichever is the greater of the said loading or the shift work allowances pursuant to paragraph 3.4.3, Shift Allowances, of clause 3, Payments and Allowances, and the weekend penalty rates pursuant to subclause 4.4, Saturday Rates for Shift Workers, of clause 4, Hours of Work, Overtime and Shift Work, and (in respect of Sundays only) subclause 4.3, Sunday and Holiday Rates, of the said clause 4, that would have been payable to them in respect of ordinary time during the period of annual leave had they not been on annual leave.

 

(b)       The loading prescribed by this subclause shall apply to payment in lieu of a fully due annual holiday on termination of employment, but shall not apply to proportionate annual holiday payment on termination of employment.

 

5.4        Days Added to the Period of Annual Leave or Long Service Leave -

 

5.4.1     An employee who is rostered off duty on a day which is a holiday prescribed by this award and who is not required to work on that day shall:

 

(a)        have one day added to their annual leave period; or

 

(b)       by mutual consent be paid, in the pay for the period in which the holiday falls, for the holiday at the rate payable pursuant to subclause (i) of subclause 5.1, Holidays, of this clause.

 

This paragraph shall not apply when the holiday falls on a Saturday or Sunday, or 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.

 

5.4.2     Any day or days added in accordance with paragraph 5.4.1 of this subclause shall be the working day or working days immediately following the period of the annual leave or long service leave respectively to which the employee is entitled under subclauses 5.3, Annual Leave, or 5.5, Long Service Leave, of this clause.

 

5.4.3     For the purpose of paragraph 5.4.4 of this subclause, working days shall be:

 

(a)        in the case of an employee who, at the commencement of the 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 a period of annual leave or long service leave, as the case may be, was employed as a Monday-to-Saturday shift worker - any day of the week, other than  Sunday or a holiday prescribed by this award, including a day on which the employee concerned would have been rostered off duty if they were not on annual leave or long service leave.

 

5.4.4     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 under paragraph 5.4.1 of this subclause at the annual leave rate of pay.

 

5.5        Long Service Leave -

 

5.5.1     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.

 

5.5.2     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 said Act; or

 

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

 

5..5.3    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 (i.e. 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.

 

5.5.4     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 (i.e. excluding compulsory rostered overtime, shift and weekend penalty rates).

 

5.5.5     An employee shall be entitled to have all days which are prescribed as holidays by subclause 5.1, Holidays, treated as days appointed by the Governor as public holidays for the purpose of the application of Section 4(4A) of the Long Service Leave Act 1955.

 

5.6        Jury Service - An employee required to attend for jury service - during ordinary working 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 for jury service, is not reasonably able to report for work on the night shift or afternoon shift, as the case may be,

 

(a)        shall receive the actual wage that they would have received had they worked their normal shift\s. Employees on jury service who are not empanelled and dismissed for the rest of the day must report for work.

 

(b)        An employee summoned for jury duty shall notify the Company as soon as possible of the date upon which they are required to attend and shall keep the Company informed of the likely duration of their attendance.

 

5.7        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.

 

5.8        State Personal/Carer's Leave Case - August 1996:

 

5.8.1     Use of Sick Leave -

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in section (ii) of subparagraph (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 subclause 5.2, 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:

 

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

 

(ii)        the person concerned being:

 

(A)       a spouse of the employee; or

 

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

 

(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 the 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:

 

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

 

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

 

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

 

(d)       An employee shall, 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.

 

5.8.2     Unpaid Leave for Family Purpose -

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in section (ii) of subparagraph (c) of paragraph 5.8.1 who is ill.

 

5.8.3     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 subparagraph (a) of this paragraph, 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.

 

5.8.4     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.

 

5.8.5     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.

 

5.8.6     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. 

 

5.9        Anti Discrimination

 

5.9.1     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.

 

5.9.2     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.

 

5.9.3     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. 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.

 

5.9.4     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.

 

5.9.5     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.

 

5.10      Extended wage support - non-works injury or illness

 

5.10.1   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.

 

5.10.2   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

 

5.10.3   Extended wage support - non-works injury or illness

 

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

 

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

 

Additionally, employees will be required to utilise:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

5.10.4   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

 

5.10.5   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).

 

5.10.6   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.

 

5.11      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.

 

5.11.1   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.

 

5.11.2   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.

 

5.11.3   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.

 

5.11.4   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.

 

5.11.5   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.

 

6.  Consultation

 

6.1        Union Delegates -

 

6.1.1     Recognition

 

The Company shall give recognition to employees who are appointed as delegates of their shop or department.  Delegates will be allowed the necessary time, during working hours, to interview the Company or its representative in 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.

 

6.1.2     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.

 

6.2        Grievance and Dispute Settlement Procedures -

 

6.2.1     Introduction - The parties intend that claims, issues and disputes be resolved without resorting to direct action, in order to minimise the serious impact on the industry's operations. To enable claims, issues and disputes to be progressed while work proceeds normally, the following procedure will apply.

 

6.2.2     Department Claims, Issues and Disputes -

 

(a)        Employee(s) and/or delegate(s) of  the union(s) involved will place the claim, issue or dispute before the immediate supervisor.  The immediate supervisor will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible. If the reply cannot be given by the end of the next ordinary working shift, a progress report will be given.

 

(b)       Failing agreement, employee(s) and/or delegate(s of the union(s) involved will place the claim, issue or dispute before  the superintendent or deputy. The superintendent or deputy will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible.  If a reply cannot be given by the end of the superintendent's or deputy's next  ordinary working day a progress report will be given.

 

(c)        Failing agreement, employee(s) and/or delegate(s) and/or official(s) of the union(s) involved will place the claim, issue or dispute before the company's Industrial Relations Department.  The claim issue or dispute  and all relevant circumstances relating to it shall then be fully reviewed by the management of the Company and by the union(s) involved and all reasonable steps shall be taken in an endeavour to resolve the matter.

 

(d)       Failing agreement, the claim, issue or dispute shall be referred to the appropriate industrial relations tribunal if the union(s) wants to pursue it further.

 

(e)        The procedures in subparagraphs (a) to (c) of this paragraph  do not apply  to claims, issues or disputes relating to genuine safety matters.  In such matters the Company will undertake immediate investigations  including discussions  with  the employee(s) and/or delegate(s) and/or official(s) of the unions  involved.   As necessary,  the appropriate Government authority will be involved.

 

6.2.3     General Claims, Issues and Disputes -

 

(a)        The official(s) and delegate(s) of the union(s) involved will place the claim, issue or dispute before the Operations Manager who will take all reasonable steps to reply as soon as possible.

 

(b)       Failing agreement, the claim, issue or dispute shall be referred to the appropriate industrial relations tribunal if the union(s) wants to pursue it further.

 

6.2.4     The provisions of this clause shall not affect in any way any other rights and duties of any party to this award pursuant to the Act or any other Act or at common law in relation to any matter.

 

6.3        A consultative committee for NWRW will provide a forum for discussion of major enterprise-based matters of mutual concern. The committee will comprise representatives of management, employees and supervisors.  A constitution will be agreed upon which sets out details of the function and administration of the committee.

 

7.  Training and Development

 

Principles of Employment and Job Development -

 

7.1        General Principles -

 

7.1.1     The principal objective of training and development is to improve efficiency and productivity and provide employees with opportunities for career development in well-paid fulfilling jobs.

 

7.1.2     The job model is based on principles set out in the BHP Ropes Development Agreement 26.3.90. In particular, the programme  shall proceed  in accordance  with the principles below:

 

Work restructuring and employee development are inseparable and form part of a total approach to improving work organisation.

 

This involves:

 

a change in focus from narrow classification to skill categories associated with work activities;

 

a change in emphasis from having a job to being able to upgrade skills by training and advancing through a career structure;

 

a change in the role of the supervisor and development of a team approach for getting the task completed;

 

acceptance of greater responsibility and accountability by employees for the quality of the work; and

 

work flexibility.

 

7.1.3     Training and classifications will meet the needs of the wire  rope industry  and maximise  portability of qualifications between this and  other industries, including  the  metals  and engineering  industry. However, work restructuring and training programmes will focus on OneSteel Ropes requirements.

 

7.1.4     An employee's development is a shared responsibility of both the Company and the employee.

 

7.1.5     An employee will be paid for completion of a level in the model relevant to that employee's section.

 

7.1.6     A level is completed only after an employee has been certificated in all the required modules for the relevant level.

 

7.1.7     Training will be provided to enable employees to progress at a reasonable rate through various levels, taking into account the needs of the company/section and the availability of courses and the interest and ability of the employees.

 

7.1.8     An employee will be permitted to complete as much of a whole job as is safe, practical and legal.

 

Employees will work flexibly and utilise the full range of certificated and non-certificated skills possessed and recognised.

 

7.1.9     To obtain the rate of pay for a level, an employee must complete and be competent in all required modules up to and including that level, i.e., until the modules are completed, the higher rate is not available.

 

7.2        Training - Design and Conduct -

 

7.2.1     Appropriate certification will be provided to employees on successful completion of a module or unit.  Both the assessor and the trainee will sign and date this record.

 

7.2.2     The content of training modules developed will be accredited by the Training and Safety Co-ordinator. Where possible, modules will include the minimum standard of performance to successfully complete the module as well as a method to assess competence.  Modules will be developed and implemented with appropriate input from supervisors and employees of the area affected by the module.

 

7.2.3     Certification will be carried out by accredited assessors, i.e., people who are personally competent in the area being assessed.

 

7.2.4     Where certification is carried out by a supervisor and/or a peer group, an appeal mechanism will be provided as follows:

 

Firstly, meeting with supervisor, function head, employee and employee chosen by the appellant (this may be a union delegate).

If this does not resolve the appeal, the grievance handling procedure applies.

 

7.2.5     Some skills may require re-certification to ensure critical safety and operational requirements are met. Decisions will also be subject to appeal.

 

7.2.6     A person must demonstrate mastery of the skill on the job before full certification can be obtained.  This means that some skills will need to be applied on the job for a period of time before final certification.

 

7.2.7     National and local accreditation needs may be taken into account in designing training. However, this will not impede the design and implementation of training courses.

 

7.3        Transfers - Transfers between sections (and models) will be possible, subject to a vacancy existing.  It will be made on the basis of vacancy requirements, past  performance and assessed competence. The appeal mechanism is that mentioned in paragraph 9.1.2 of subclause 9.1 of clause 9, Job Models.

 

Any vacancies in different streams will be advertised on notice boards.

 

7.4        Transitional Arrangements -

 

7.4.1     An audit will be conducted to assess the knowledge and skills held by existing employees.

 

7.4.2     Current employees will be allocated to a level in the model after an assessment (subject to appeal) of current knowledge, skills and responsibility.

 

Current employees will be protected and suffer no financial disadvantage from their present position.

 

7.4.3     Participation in training for progression will be voluntary for persons in employment at the commencement of this award.

 

7.4.4     Employees who elect not to participate in training for progression will retain their current rate of pay.  They will not participate in any future increases associated with work value review of levels in the model until such time as they agree to participate and are trained.

 

7.4.5     All employees will work flexibly, including those who elect not to participate in training.  In the latter  case, this may include carrying out some other suitable tasks so that another employee can be trained or maintain skills in the job the first employee normally carries out.

 

7.5        Adult Apprenticeships -

 

7.5.1     Adult apprentices may be employed in order to provide flexibility in production and maintenance operations, and provide a career development option for OneSteel Ropes employees.

 

7.5.2     Every adult apprentice will be indentured.

 

7.5.3     A three-month probation period will apply to adult apprentices.

 

7.5.4     Adult apprentices will retain their classification rate of pay while training (i.e., the  rate for the classification which applied to the apprentice  immediately prior to entering apprenticeship).  On completion of their apprenticeship (both formal training and competency in relevant on-the-job areas) the apprentice will slot into the relevant trade model.

 

7.5.5     Tool allowance is to be included as part of the rates of pay in clause 3, Payments and Allowances, i.e., not to be paid in addition.

 

7.5.6     Adult apprentices are required to purchase a supply of tools which remain part of their personal tool kit.  Other tool requirements are supplied.

 

7.5.7     Proof of attendance at a technical college is required to ensure payment for time so spent.

 

8.  Other Conditions

 

8.1        Maintenance of Earnings -

 

8.1.1     Maintenance of earnings will apply to circumstances arising out of the transition from the classification-based pay structure to the skill-based job models in clause 9, Job Models.  The retention of rates provisions contained in subclause 8.2, Retention of Rates, will apply in all other situations detailed in this clause.

 

8.1.2     This arrangement will cease to apply where future changes (e.g., a plant rationalisation, technological or market change, etc.) result in employees, by necessity, being transferred to other positions.  In these circumstances, the normal award retention of rates provisions will then apply.

 

8.1.3     Employees whose current earnings (existing classification and bonus) are greater than the level applicable to them as determined by their placement in the job models in the said clause 9, shall maintain their current earnings, subject to the following adjustments and conditions:  Employees will continue to attract adjustments applicable to their previous classification, provided that when the earnings (as determined by classification  and bonus) applicable to their level in the model exceed their earnings as determined by their previous classification they will thereafter receive the earnings as per the model.  All employees participating in this maintenance of earnings agree to work flexibly and utilise the full range of skills they possess.

 

8.1.4     All new employees will be paid in accordance with the rates of pay as provided for under the job models.

 

8.2        Retention of Rates -

 

8.2.1     Where after 11th November 2003, as a result of the rationalisation of the Company's operations, the introduction of technological change, changes in work practices or market change, an employee is appointed to a classification or classifications which receive a lower ordinary time rate of pay (including all purpose components e.g. group leader 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.

 

8.2.2     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.

 

8.2.3     Provided that in (8.2.1) and (8.2.2) 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.

 

8.2.4     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.

 

8.2.5     General - Superannuation contributions are made at the retained rates.

 

8.3        Flexible Remuneration

 

8.3.1     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.

 

8.3.2     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.

 

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

 

8.3.4     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.

 

8.3.5     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.

 

8.3.6     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.

 

8.3.7     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.

 

8.3.8     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.

 

8.3.9     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."

 

8.4        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.

 

8.5        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.

 

8.6        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.

 

8.7        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.

 

9.  Job Models

 

9.1        Principles of Job Model -

 

9.1.1     Employees will be slotted into a job model level following an audit of their skills.

 

Employees may, in cases of  doubt, be slotted on a "probation" basis for six months.  At the end of six months, their slotted position is confirmed or they return to their previous level.

 

9.1.2     There will be an appeal to a sub-committee consisting of the employee, the trainer, an appropriate supervisor and, if needed, a member of the Consultative Committee.  This sub-committee makes a recommendation to management.  Failing settlement, the award grievance procedure applies.

 

9.1.3     The initial slotting requires people to flexibly use the full range of their existing skills and undertake training as required by the Company in areas where they have currently not been trained up to that level.

 

9.1.4     Any person not wishing to participate to this extent will be regarded as a "stopper" and will retain their existing rate and bonus. "Stoppers" will still be required to work with sufficient flexibility to allow others to be trained.

 

9.1.5     Changes to Job Model - The job model and payments attached may be altered by agreement between the parties to take advantage of opportunities for increased flexibility and career development as they arise.

 

Any changes will be subject to relevant wage fixing limits set by the Industrial Relations Commission of New South Wales.

 

PART B

 

MONETARY RATES

 

Adult Basic Wage:    $121.40 per week

 

Table 1 - Rates of Pay (inclusive of 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

 

$

$

$

$

Technician

 

 

 

 

Entry

682.70

689.50

717.10

745.80

Level 1

709.60

716.70

745.40

775.20

Level 2

736.40

743.80

773.60

804.50

Level 3

776.80

784.60

816.00

848.60

Level 4

808.70

816.80

849.50

883.50

Level 5

842.20

850.60

884.60

920.00

Shift Co-ordinator

715.60

722.80

751.70

781.80

Ropemaker

 

 

 

 

Entry

564.90

570.50

593.30

617.00

Level 1A

591.20

597.10

621.00

645.80

Level 1

608.70

614.80

639.40

665.00

Level 2

633.40

639.70

665.30

691.90

Level 3

651.70

658.20

684.50

711.90

Level 4

699.40

706.40

734.70

764.10

Electrical Tradesperson

 

 

 

 

Entry

700.90

707.90

736.20

765.60

Level 1

717.00

724.20

753.20

783.30

Level 2

742.80

750.20

780.20

811.40

Level 3

777.90

785.70

817.10

849.80

Level 4

814.90

823.00

855.90

890.10

Level 5

838.20

846.60

880.50

915.70

Engineering Tradesperson

 

 

 

 

Entry

682.70

689.50

717.10

745.80

Level 1

701.70

708.70

737.00

766.50

Level 2

719.20

726.40

755.50

785.70

Level 3

752.80

760.30

790.70

822.30

Level 4

784.40

792.20

823.90

856.90

Level 5

819.80

828.00

861.10

895.50

Engineering Assistant

 

 

 

 

Level 1

573.90

579.60

602.80

626.90

Level 2

616.00

622.20

647.10

673.00

Level 3

640.50

646.90

672.80

699.70

Reel Shop

 

 

 

 

Co-ordinator

776.40

784.20

815.60

848.20

Carpenter

 

 

 

 

Entry

684.10

690.90

718.50

747.20

Level 1

702.30

709.30

737.70

767.20

Level 2

754.90

762.40

792.90

824.60

Reelmaker

 

 

 

 

Entry

577.30

583.10

606.40

630.70

Level 1

583.00

588.80

612.40

636.90

Level 2

603.10

609.10

633.50

658.80

Level 3

622.50

628.70

653.80

680.00

 

Table 2 - Other Rates and Allowances

 

Item

Clause

Brief Description

A

B

C

D

No

No

 

$

$

$

$

1

3.4.1

Tool Allowance, Engineering Trades

12.40

 

12.80

13.20

 

 

and Technicians

 

 

 

 

2

3.4.1

Tool Allowance, Carpenters

22.70

 

23.40

24.10

3

3.4.2

Licence Allowance, Electricians

29.60

 

30.50

31.40

4

3.4.3a

Shift Allowance, Regular Weekly

67.20

67.90

70.60

73.40

 

 

Changes - day night afternoon

 

 

 

 

5

3.4.3a

Shift Allowance, less than 1/3 on day work

44.80

45.20

47.00

48.90

6

3.4.3b

Shift Allowance, day shift, night shift

67.20

67.90

70.60

73.40

7

3.4.3b

Shift Allowance, day shift, afternoon shift

57.20

57.80

60.10

62.50

8

3.4.3c

Shift Allowance,

 

 

 

 

 

 

Night Afternoon

89.40

90.30

93.90

97.70

 

 

Night only

89.40

90.30

93.90

97.70

 

 

Afternoon only

89.40

90.30

93.90

97.70

9

3.4.3d

Shift allowance per shift for any

27.00

27.30

28.40

29.50

 

 

afternoon or night shift not in items 4 -

 

 

 

 

 

 

8 (Not paid in respect of any day shift)

 

 

 

 

10

3.4.4

Group Leader Allowance

33.10

33.40

34.70

36.10

11

4.2.3 d & g

Overtime meal Allowance

9.70

 

CPI

CPI

 

APPENDIX 1

 

ONESTEEL ROPES PERFORMANCE RECOGNITION  PAYMENTS SCHEME

 

1.          Nature of Agreement and Parties to Agreement - This agreement provides for a system of quarterly business performance improvement recognition payments.

 

The parties to this agreement are:

 

OneSteel Ropes;

 

The AWU, New South Wales Branch;

 

the Electrical Trades Union of Australia, New South Wales Branch;

 

the Construction, Forestry, Mining and Energy Union (New South Wales Branch);

 

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

 

2.          The Purpose of the Agreement - The parties acknowledge that OneSteel Ropes can remain competitive and support improving financial benefits only through constantly improving business performance.

 

Therefore, it is the purpose of the agreement to:

 

assist in achieving Critical Business Plan Objectives.  To this end, the parties commit themselves to co-operating in efforts to achieve lower operating costs, improved quality, improved delivery performance and increased productivity.  All of these will contribute to improved business performance and job security; recognise the contribution of employees to improved performance as it occurs.

 

3.          Required Actions - Actions which the parties agree to 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;

 

strictly adhere to the dispute settling procedure;

 

use of contractors to improve business performance;

 

selection and deployment 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 performance against set targets.

 

The performance measures operating will be based and focused on specific targets identified in the business plan and will be relevant to each Department.  The specific measures will be reviewed at least annually following completion of the Business Plan for each financial year but may be reviewed more often if circumstances dictate.

 

There will be regular communication with employees and written reports/charts will be updated and displayed on notice boards/score boards to communicate performance against targets.

 

Payments under the scheme will be made at the end of each quarter, based on performance against outcome against the targets and will be calculated as a percentage of each 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 per cent of quarterly gross earnings will be made for attainment of reasonably achievable performance targets; these payments can reach 5.5 per cent in any quarter for achievement of exceptional levels of performance.

 

There shall be provision to "top-up" payment to the 4.5 per cent 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 the 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 Ropes in full-time employment on the Company's payroll at the end of each payment quarter.

 

Participation in the end of year "top-up" arrangement should, if necessary, be applied 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 scheme.

 

In addition, full-time employees who leave during the 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 will be eligible for any "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 this scheme, its performance measures and associated payments will be monitored and reviewed by the OneSteel Ropes Consultative Committee or any agreed alternative. The purpose of this review shall be to:

 

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

 

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

 

Issues arising associated with the introduction or operation of this scheme will be progressed to conclusion in an orderly manner following the agreed dispute settling procedure.

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(021)

SERIAL C3981

 

ONESTEEL WIRE PTY LTD ROPES AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by OneSteel Wire Pty Ltd.

 

(No. IRC 4231 of 2005)

 

Before The Honourable Mr Deputy President Harrison

17 August 2005

 

AWARD

 

PART A

 

Clause No.         Subject Matter

 

1.         Area, Incidence and Duration - General

2.         Employment Relationship

3.         Payments and Allowances

4.         Hours of Work, Overtime and Shift Work

5.         Leave

6.         Consultation

7.         Training and Development

8.         Other Conditions

9.         Job Models

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Table 2 - Other Rates and Allowances

 

Appendix 1 - OneSteel Ropes Performance Recognition Payments Scheme

 

PART A

 

1.  Area, Incidence and Duration - General

 

1.1        Title - This award shall be referred to as the OneSteel Wire Pty Ltd Ropes Award.

 

1.2        Definitions of Terms -

 

1.2.1     Day Workers are employees other than shift workers and include employees on night work within subclause 4.5, Night Work for Day Workers and Day Shift Workers, of clause 4, Hours of Work, Overtime and Shift Work.

 

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

 

1.2.3     Monday-to-Saturday Shift Workers are shift workers whose ordinary working hours are worked between Monday and Saturday.

 

1.2.4     Night Shift means any shift finishing after midnight and at or before 8.00 a.m.

 

1.2.5     Department Head means:

 

any person reporting directly to the Operations Manager of Newcastle Wire Rope Works;

 

any officer with authority higher than that of department head;

 

any officer deputising for a department head.

 

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

 

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

 

1.2.8     Training and development definitions:

 

(a)        Career Paths - Career paths consist of the opportunity for individuals to grow by expanding their skills and knowledge as part of the model and thereby increasing their contribution to the business and rewards for themselves.

 

(b)       Model - A collection of skills and knowledge which forms a career path.

 

(c)        Level - The model is divided into a number of  levels, each of which has a separate pay rate.

 

(d)       Module - A block of knowledge and/or skills for a particular category in the Employee Development Model.

 

(e)        Category - The heading describing the modules in each column (or stream of the model).  There is one  module per category at each level.

 

(f)        Unit - Each module contains a number of separate units.

 

(g)       Process Audit - A systematic analysis of the production maintenance and service process designed to identify the skills required to reproduce and continually improve the quality of the process, using the available technology in the most cost effective way.

 

(h)       Accreditation - The process used to assess and approve:

 

the content of modules;

 

the minimum standard of performance required to successfully complete the module;

 

the method of assessment of performance.

 

(i)         Certification  - The process  of assessing the performance of an employee in a recognised module or unit. On completion of all the requirements of a module or unit, a certificate will be issued which contains a summary of the knowledge/skill acquired.

 

(j)         Skills Audit - A formal assessment of those skills and knowledge possessed by employees which are relevant to an employee's career path.  The audit is used to assess the level at which the employee enters the model.

 

1.3        Where and When Does This Award Apply?

 

1.3.1     This Award shall apply to employees of OneSteel Wire Pty Ltd employed in the classifications in this award at OneSteel Ropes at Mayfield.

 

1.3.2     This Award rescinds and replaces the OneSteel Wire Pty Ltd Ropes Award published 5 March 2004 (Vol 343 I.G. 529).

 

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

 

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

 

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

 

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

 

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

 

Discussions regarding a replacement settlement may commence 3 months prior to expiry of this settlement.

 

1.4        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.

 

2.  Employment Relationship

 

2.1        Contract of Employment -

 

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

 

2.1.2     Employment of employees will be probationary for the first three months of service. Employment during the first two weeks of the probation period shall be from day to day. Employment in this period may be terminated by a day's notice on either side or by the payment or forfeiture of a day's wages, as the case may be. This probationary period shall not apply where employment follows a period of engagement as defined in clause 8.4, Supplementary Labour - Rates of Pay.

 

2.13      Employees shall perform such work as the Company reasonably shall, from time to time, require and an employee not attending for or not performing his/her duty shall, except as provided for by subclause 5.2, Sick Pay, of clause 5, Leave, lose his/her pay for the actual time of such non-attendance or non-performance.

 

2.1.4     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 been given notice by the Company, he/she shall, upon request, be granted leave of absence without pay for one day or shift during the period of notice in order to look for alternative employment.

 

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

 

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

 

(b)       Where a department head 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 department head.

 

(c)        Where no department  head 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 constitute a hazard either to the employee or to other employees or to plant and equipment, or interfere with the normal and orderly functioning of the Company's operations, or be prejudicial to discipline.

 

(d)       Where a supervisor stands an employee down, the supervisor shall arrange for the employee to be interviewed by the department head 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 department head, after reviewing the case, shall inform the employee of the decision on the matter.

 

(e)        An employee shall be entitled to appeal to the Operations Manager against  any decision of a department head but the department head's decision shall take effect pending the determination of the appeal.

 

(f)        Where an employee is working in a department other than the department to which they are attached, the employee may be stood down in accordance with the provisions of this subclause by the appropriate supervisor in the department in which they are working, in lieu of the appropriate supervisor of the department to which they are attached.

 

2.1.6     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.

 

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

 

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

 

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

 

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

 

(d)       If immediately following a dismissal without notice the dismissed employee, or their delegate, tells the department head that the dismissal will be contested:

 

(i)         the dismissal shall take effect seven calendar days from the time that the employee was told of the dismissal; and

 

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

 

2.1.8     Requirement to Work in Accordance with the Needs of the Industry -

 

(a)        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.

 

(b)       Subject to subclause 4.6, Transfer of Day Workers from Day Work to Shift Work, and subclause 4.7, Transfer of Shift Workers, of clause 4, Hours of Work, Overtime and Shift Work, 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.

 

2.1.9     Miscellaneous -

 

(a)        Tools of Trade - The Company shall provide all tools of trade, free of cost, to employees classified in this award, other than carpenters and joiners, electrical fitters and electrical mechanics.  Provided that if tools are lost or damaged, other than by fair and ordinary use, they shall be paid for by the employees.

 

(b)       Safety Glasses - The Company shall supply and the employee shall wear safety glasses 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 for the purpose of protection. The employee shall pay the cost of any replacement necessary by reason of loss or breakage due to their carelessness.

 

(c)        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 the final wages the reasonable value of the article.

 

2.1.10   Employees Presenting Themselves for Work and Not Required - Subject to the provisions of this subclause, an employee who presents for ordinary work without notice that they will not be required shall be paid at least four hours' pay.

 

2.2        Automation -

 

2.2.1     Notwithstanding the provisions of subclause 2.1, 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 employment. Provided that, if the employment of such employee is terminated on that account and the Company fails to give such notice in full:

 

(a)        the Company shall pay the employee at the ordinary rate of pay for the employee's classification in clause 3, Payments and Allowances, for a period equal to the difference between three months and the period of the notice given;

 

(b)       the period of notice required by this paragraph 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 shall not be prejudiced by the fact that the employee has been given notice, pursuant to this clause, of the termination of his/her employment.

 

2.2.2     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 it is not practicable for the Company to give such notifications at least six months before such introduction, then the Company shall give the notifications as early as it is practicable for the Company to give them. The notifications to be given in accordance with this 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.

 

2.3        Redundancy

 

2.3.1     Purpose

 

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

 

2.3.2     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).

 

2.3.3     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.

 

2.3.4     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 2.3.3 above.

 

(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 has 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 otherwise arising under the OneSteel Manufacturing Wage Agreement 2001.

 

(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.

 

2.3.5     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.

 

3.  Payments and Allowances

 

3.1        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.

 

3.2        Rate of Pay - The minimum rate of pay per 38-hour week for any classification shall, subject to other provisions of this award, be the rate attached to that classification as set out in Table 1 - Rates of Pay, of Part B, Monetary Rates. The rates represent payments for skills, duties, responsibilities, authority and conditions encountered.

 

3.3        Bonus - In addition to the minimum rates of pay prescribed by this award, employees receive payments according to a bonus scheme.

 

3.4        Allowances -

 

3.4.1     Tool Allowance - An allowance for each 38-hour week will be paid to employees for supplying and maintaining tools ordinarily required in the performance of their work. The allowances are paid for all purposes of the award.

 

Technicians,  Engineering Tradespersons and Electrical

 

Tradespersons - The amount in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

Carpenters - The amount as set out in Item 2 of the said Table 2.

 

For adult apprentices, tool allowances are considered to be part of their ordinary rate until they become qualified tradespeople.

 

3.4.2     Licence Allowance - Electricians holding an "A" class electrical licence receive the amount in Item 3 of Table 2.

 

3.4.3     Shift Allowances -

 

(a)        Shift workers whilst working rotating shifts (day shift, night shift, afternoon shift) with regular weekly changes receive the amount in Item of 4 Table 2.  The amount is paid per 38-hour week in respect of all shifts worked.

 

Provided that each such rotating shift worker, when engaged under  a roster system which does not provide for at least one-third of his/her working time in the full cycle of the roster being on day shift, shall be paid an additional shift allowance at the rate set out in Item 5 of Table 2. This is paid in respect of each of any number of afternoon and/or night shifts more than two-thirds of his/her working time in the roster worked by him/her.

 

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 week.

 

(b)       Adult shift workers whilst working shift work which involves regular weekly changes as follows:

 

Day shift, night shift - at the rate set out in Item 6 of Table 2.

 

Day shift, afternoon shift - at the rate set out in Item 7 of Table 2.

 

(c)        Adult shift workers whilst working shift work on  shift systems as follows:

 

night shift, afternoon shift;

 

night shift only;

 

afternoon shift only;

 

shall be paid at the rate set out in Item 8 of Table 2

 

(d)       Shift workers who work any afternoon or night shift other than under the shift systems set out in subparagraphs (a), (b) and (c) of this paragraph and are not paid in respect of any day shift worked shall be paid, for each afternoon or night shift worked, at the rate set out in Item 9 of Table 2.

 

(i)         "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.

 

3.4.4     Group Leader Allowance - Persons formally appointed as Group Leaders or Co‑ordinators receive a Group Leader allowance as set out in Item 10 of Table 2.

 

3.5        Maximum Payment -

 

3.5.1     Shift allowances shall not be subject to any premium or penalty additions.  All other allowances are paid for all purposes of the award.

 

3.5.2     Rates shall not exceed double the rates prescribed in this clause, provided that this clause will not apply to payments under paragraph  3.4.3, Shift Allowances, of subclause 3.4, Allowances, and subclause 4.3, Sunday and Holiday Rates, of clause 4, Hours of Work, Overtime and Shift Work, in respect of work done on holidays.

 

3.6        Time and Payment of Wages -

 

3.6.1     All wages shall be paid fortnightly by deposit into a bank account, credit union or building society. Funds will be available by 4.00 p.m. on the day nominated as pay day by the Company.

 

3.6.2     Subject to the provisions of subclause 2.1, Contract of Employment, of clause 2, Employment Relationship, upon termination of employment, wages and moneys due for annual holidays shall be paid on the day of such termination. This subclause shall not apply to an employee on probation.

 

3.6.3     The provisions of paragraphs 3.6.1 and 3.6.2 shall not apply where it is not reasonably practicable for the Company to comply with its obligations on account of causes for which it cannot reasonably be held responsible. Proof of the existence of such circumstances shall lie upon the Company. In such circumstances the Company shall pay wages as soon as it is reasonably practicable for it to do so by direct deposit, cash or cheque.

 

3.6.4     Except for unpaid absences or overtime,  an employee employed by the week may have an adjustment made to fortnightly pays to balance the effect of taking a roster day in one week of each month.

 

3.7        Mixed Functions -

 

3.7.1     A person will retain the rate and bonus for their ordinary classification level of the job model, with the exception of:

 

Persons certificated to relieve as Shift Co-ordinators.

 

Persons certificated to relieve as Reel Shop Co-ordinators.

 

Persons certificated to relieve as Group Leaders.

 

Persons with trade qualifications such as boilermaking or electrical whose skills cannot be utilised on a full-time basis.

 

When these people work in the classifications mentioned above, they shall receive the appropriate rate.

 

4.  Hours of Work, Overtime and Shift Work

 

4.1        Ordinary Hours of Work -

 

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

 

(a)        eight during any consecutive 24 hours; 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 exceeds 28 consecutive days.

 

4.1.2     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)       On each day worked, Monday to Friday, inclusive, 30 minutes between the hours of 10.00 a.m. and 2.30p.m. shall be allowed to day workers for a meal.

 

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

 

4.2        Overtime -

 

4.2.1     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.

 

4.2.2     Shift Workers - Shift workers for all time worked:

 

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

 

(b)       on more than 11 shifts in 12 consecutive days; or

 

(c)        on a rostered shift off; or

 

(d)       in excess of five and one-half hours without a crib break,

 

shall be paid at the rate of time and one-half for the first two hours and at the rate of double time thereafter. This subclause shall not apply when the time is worked by arrangement between the employees themselves or for the purpose of effecting the customary rotation of shifts.

 

4.2.3     General -

 

(a)        Rate of pay for overtime shall be the "maintained rate" under subclause 8.2, Retention of Rates, of clause 8, Other Conditions, or the job model classification rate, whichever is higher.

 

(b)       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 ordinary work on one day and the commencement of their ordinary work on the next day that there has not been at least eight consecutive hours off duty between those times shall, subject to this paragraph, 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 work without having had such eight consecutive hours off duty they shall be paid at double rates until released from duty for such a period and then shall be entitled to be absent until they have had eight consecutive hours off duty, without loss of pay for ordinary working  time occurring during such absence.

 

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

 

(c)        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 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 subparagraph (b) of this paragraph.

 

(d)       An employee required to continue at work on overtime for more than one and a half hours after ordinary ceasing time without  having been notified before leaving work on the previous day that they would be required to work overtime shall, at the employee's option, be provided, free of cost, with a suitable meal and another meal for each subsequent meal break into which the work extends, or be paid for each meal at the rate set out in Item 11 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

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

 

(f)        Where an employee or employees working overtime finish work at a time when reasonable means of transport are not available to them, the Company shall:

 

Within a reasonable time, convey them or supply them with conveyance to a reasonable distance from home or a place to which they usually travel by public conveyance when returning home from work, or a place from which they can, within a reasonable time, obtain public conveyance to a reasonable distance from home or the place to which they usually travel by public conveyance when returning home from work, or pay them their current rate of pay for the time reasonably occupied in reaching their home.

 

(g)       An employee who is recalled from home to work overtime shall, at the employee's option, 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 be paid for each such meal at the rate set out in Item 11 of Table 2.

 

For the purpose of this subparagraph, a recall from home to work overtime takes place when an employee is notified at home of the requirement to return to work.

 

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

 

4.4        Saturday Rates for Shift workers - Shift workers for their ordinary shift of eight hours performed on Saturday shall be paid at the rate of time and one-half.

 

4.5        Night Work for Day Workers and Day Shift Workers -

 

4.5.1     Subject to subclause 3.5, Maximum Payment, of clause 3, Payments and Allowances, but otherwise notwithstanding anything contained herein:

 

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

 

(b)       a day shift worker who is required in lieu of day shift on which the employee 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 an employee's 38-hour week rostered off night, shall be paid at the rate of time and one-half of the ordinary rate of pay under the said clause 3, or the corresponding clause of a federal  award, except:

 

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

 

(d)       in respect of any night in respect of which an employee has not been given at least 48 hours' notice,

 

when they shall be paid at overtime rates for day workers. No shift allowance is payable in respect of night work under this clause.

 

4.5.2     In this subclause "night" means any hours between 4.00 p.m. and 8.00 a.m., and "day shift worker" means a shift worker employed on a shift system involving day shifts only.

 

4.6        Transfer of Day Workers from Day Work to Shift Work - Day workers may be employed as and become shift workers for a period of not less than five shifts or not less than four shifts when the fifth shift is a 38-hour week rostered off shift, and paid accordingly.

 

Provided that employees shall be paid at overtime rates for any shift upon which they are employed as shift workers under this clause in respect of which they have not been given at least 48 hours notice.

 

4.7        Transfer of Shift Workers - Shift workers who are 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 an employee reverts to the shift on which he/she would ordinarily have been rostered.

 

4.8        Payment for Training - Notwithstanding the provisions of subclause 4.2, Overtime, of this clause, approved attendance at authorised training courses will be paid as set out below:

 

(a)        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.

 

(b)        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.

 

5.  Leave

 

5.1        Holidays -

 

5.1.1     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 3, Payments and Allowances, or the corresponding clause of a federal award, plus the relevant bonus under subclause 3.3, Bonus, of the said clause 3.

 

5.1.2     This provision for payment does not apply to:

 

(a)        employees whose rostered shift off falls on a holiday (subject to the provisions of subparagraph of paragraph 5.4.1 of subclause 5.4, 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.

 

5.1.3     In addition to the public holidays prescribed in paragraph 5.1.1, 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.

 

5.2        Sick Pay -

 

5.2.1     Employees unable to attend for duty during 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 prescribed in subclause 3.3, Bonus, of clause 3, Payments and Allowances, for the time of such non-attendance, subject to the following:

 

(a)        They shall not be entitled to paid leave of absence for any period in respect of which they are entitled to workers' compensation.

 

(b)       They 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)        They shall prove to the satisfaction of the Company or, in the event of a dispute, the Industrial Relations Commission, 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 subclause is claimed.

 

(d)       They 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 subparagraph (e) of this paragraph. 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:

 

In the case of an employee with less than one year's continued employment - 40.

 

In the case of an employee with one or more years' continued employment  but less than ten years' continued employment - 64.

In the case of an employee with 10 or more years' continued employment - 80.

 

5.2.2

 

(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 subparagraph (e) of paragraph 5.2.1 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 shall be available as follows:

 

(i)         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;

 

(ii)        to any employee who entered their current employment with the Company before 1 January 1986:

 

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.

 

During the transition year - for a period of 15 years, but for no longer, from the end of the year in which they accrued.

 

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 purpose 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 employment which commenced during 1986.

 

5.2.3     In the case of employees who otherwise are entitled to a payment under this clause but who, at the time of the absence concerned, have 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.

 

5.2.4     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.

 

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

 

5.3        Annual Leave -

 

5.31      For annual leave provisions, see Annual Holidays Act 1944.

 

5.3.2     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 said Act, with regard to an annual holiday of four weeks, employees 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, give service to the company and Monday-to-Saturday shift workers  who are 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 works 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 clause is or incudes 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.

 

(c)        The additional entitlements under this subclause shall only apply in respect of leave which becomes fully due on or after 23 September 1980.

 

5.3.3     All employees - Annual Leave Loading -

 

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

 

(i)         their ordinary pay pursuant to the Annual Holidays Act 1944; or

 

(ii)        the sum of their classification rate of pay for ordinary time (excluding shift allowance) under clause 3, Payments and Allowances, at the time  of commencement of his/her annual leave.

 

Provided that employees who would have worked on shift work had they not been on annual leave shall be paid whichever is the greater of the said loading or the shift work allowances pursuant to paragraph 3.4.3, Shift Allowances, of clause 3, Payments and Allowances, and the weekend penalty rates pursuant to subclause 4.4, Saturday Rates for Shift Workers, of clause 4, Hours of Work, Overtime and Shift Work, and (in respect of Sundays only) subclause 4.3, Sunday and Holiday Rates, of the said clause 4, that would have been payable to them in respect of ordinary time during the period of annual leave had they not been on annual leave.

 

(b)       The loading prescribed by this subclause shall apply to payment in lieu of a fully due annual holiday on termination of employment, but shall not apply to proportionate annual holiday payment on termination of employment.

 

5.4        Days Added to the Period of Annual Leave or Long Service Leave -

 

5.4.1     An employee who is rostered off duty on a day which is a holiday prescribed by this award and who is not required to work on that day shall:

 

(a)        have one day added to their annual leave period; or

 

(b)       by mutual consent be paid, in the pay for the period in which the holiday falls, for the holiday at the rate payable pursuant to subclause (i) of subclause 5.1, Holidays, of this clause.

 

This paragraph shall not apply when the holiday falls on a Saturday or Sunday, or 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.

 

5.4.2     Any day or days added in accordance with paragraph 5.4.1 of this subclause shall be the working day or working days immediately following the period of the annual leave or long service leave respectively to which the employee is entitled under subclauses 5.3, Annual Leave, or 5.5, Long Service Leave, of this clause.

 

5.4.3     For the purpose of paragraph 5.4.4 of this subclause, working days shall be:

 

(a)        in the case of an employee who, at the commencement of the 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 a period of annual leave or long service leave, as the case may be, was employed as a Monday-to-Saturday shift worker - any day of the week, other than  Sunday or a holiday prescribed by this award, including a day on which the employee concerned would have been rostered off duty if they were not on annual leave or long service leave.

 

5.4.4     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 under paragraph 5.4.1 of this subclause at the annual leave rate of pay.

 

5.5        Long Service Leave -

 

5.5.1     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.

 

5.5.2     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 said Act; or

 

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

 

5..5.3    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 (i.e. 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.

 

5.5.4     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 (i.e. excluding compulsory rostered overtime, shift and weekend penalty rates).

 

5.5.5     An employee shall be entitled to have all days which are prescribed as holidays by subclause 5.1, Holidays, treated as days appointed by the Governor as public holidays for the purpose of the application of Section 4(4A) of the Long Service Leave Act 1955.

 

5.6        Jury Service - An employee required to attend for jury service - during ordinary working 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 for jury service, is not reasonably able to report for work on the night shift or afternoon shift, as the case may be,

 

(a)        shall receive the actual wage that they would have received had they worked their normal shift\s. Employees on jury service who are not empanelled and dismissed for the rest of the day must report for work.

 

(b)        An employee summoned for jury duty shall notify the Company as soon as possible of the date upon which they are required to attend and shall keep the Company informed of the likely duration of their attendance.

 

5.7        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.

 

5.8        State Personal/Carer's Leave Case - August 1996:

 

5.8.1     Use of Sick Leave -

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in section (ii) of subparagraph (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 subclause 5.2, 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:

 

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

 

(ii)        the person concerned being:

 

(A)       a spouse of the employee; or

 

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

 

(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 the 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:

 

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

 

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

 

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

 

(d)       An employee shall, 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.

 

5.8.2     Unpaid Leave for Family Purpose -

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in section (ii) of subparagraph (c) of paragraph 5.8.1 who is ill.

 

5.8.3     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 subparagraph (a) of this paragraph, 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.

 

5.8.4     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.

 

5.8.5     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.

 

5.8.6     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. 

 

5.9        Anti Discrimination

 

5.9.1     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.

 

5.9.2     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.

 

5.9.3     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. 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.

 

5.9.4     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.

 

5.9.5     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.

 

5.10      Extended wage support - non-works injury or illness

 

5.10.1   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.

 

5.10.2   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

 

5.10.3   Extended wage support - non-works injury or illness

 

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

 

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

 

Additionally, employees will be required to utilise:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

5.10.4   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

 

5.10.5   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).

 

5.10.6   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.

 

5.11      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.

 

5.11.1   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.

 

5.11.2   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.

 

5.11.3   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.

 

5.11.4   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.

 

5.11.5   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.

 

6.  Consultation

 

6.1        Union Delegates -

 

6.1.1     Recognition

 

The Company shall give recognition to employees who are appointed as delegates of their shop or department.  Delegates will be allowed the necessary time, during working hours, to interview the Company or its representative in 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.

 

6.1.2     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.

 

6.2        Grievance and Dispute Settlement Procedures -

 

6.2.1     Introduction - The parties intend that claims, issues and disputes be resolved without resorting to direct action, in order to minimise the serious impact on the industry's operations. To enable claims, issues and disputes to be progressed while work proceeds normally, the following procedure will apply.

 

6.2.2     Department Claims, Issues and Disputes -

 

(a)        Employee(s) and/or delegate(s) of  the union(s) involved will place the claim, issue or dispute before the immediate supervisor.  The immediate supervisor will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible. If the reply cannot be given by the end of the next ordinary working shift, a progress report will be given.

 

(b)       Failing agreement, employee(s) and/or delegate(s of the union(s) involved will place the claim, issue or dispute before  the superintendent or deputy. The superintendent or deputy will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible.  If a reply cannot be given by the end of the superintendent's or deputy's next  ordinary working day a progress report will be given.

 

(c)        Failing agreement, employee(s) and/or delegate(s) and/or official(s) of the union(s) involved will place the claim, issue or dispute before the company's Industrial Relations Department.  The claim issue or dispute  and all relevant circumstances relating to it shall then be fully reviewed by the management of the Company and by the union(s) involved and all reasonable steps shall be taken in an endeavour to resolve the matter.

 

(d)       Failing agreement, the claim, issue or dispute shall be referred to the appropriate industrial relations tribunal if the union(s) wants to pursue it further.

 

(e)        The procedures in subparagraphs (a) to (c) of this paragraph  do not apply  to claims, issues or disputes relating to genuine safety matters.  In such matters the Company will undertake immediate investigations  including discussions  with  the employee(s) and/or delegate(s) and/or official(s) of the unions  involved.   As necessary,  the appropriate Government authority will be involved.

 

6.2.3     General Claims, Issues and Disputes -

 

(a)        The official(s) and delegate(s) of the union(s) involved will place the claim, issue or dispute before the Operations Manager who will take all reasonable steps to reply as soon as possible.

 

(b)       Failing agreement, the claim, issue or dispute shall be referred to the appropriate industrial relations tribunal if the union(s) wants to pursue it further.

 

6.2.4     The provisions of this clause shall not affect in any way any other rights and duties of any party to this award pursuant to the Act or any other Act or at common law in relation to any matter.

 

6.3        A consultative committee for NWRW will provide a forum for discussion of major enterprise-based matters of mutual concern. The committee will comprise representatives of management, employees and supervisors.  A constitution will be agreed upon which sets out details of the function and administration of the committee.

 

7.  Training and Development

 

Principles of Employment and Job Development -

 

7.1        General Principles -

 

7.1.1     The principal objective of training and development is to improve efficiency and productivity and provide employees with opportunities for career development in well-paid fulfilling jobs.

 

7.1.2     The job model is based on principles set out in the BHP Ropes Development Agreement 26.3.90. In particular, the programme  shall proceed  in accordance  with the principles below:

 

Work restructuring and employee development are inseparable and form part of a total approach to improving work organisation.

 

This involves:

 

a change in focus from narrow classification to skill categories associated with work activities;

 

a change in emphasis from having a job to being able to upgrade skills by training and advancing through a career structure;

 

a change in the role of the supervisor and development of a team approach for getting the task completed;

 

acceptance of greater responsibility and accountability by employees for the quality of the work; and

 

work flexibility.

 

7.1.3     Training and classifications will meet the needs of the wire  rope industry  and maximise  portability of qualifications between this and  other industries, including  the  metals  and engineering  industry. However, work restructuring and training programmes will focus on OneSteel Ropes requirements.

 

7.1.4     An employee's development is a shared responsibility of both the Company and the employee.

 

7.1.5     An employee will be paid for completion of a level in the model relevant to that employee's section.

 

7.1.6     A level is completed only after an employee has been certificated in all the required modules for the relevant level.

 

7.1.7     Training will be provided to enable employees to progress at a reasonable rate through various levels, taking into account the needs of the company/section and the availability of courses and the interest and ability of the employees.

 

7.1.8     An employee will be permitted to complete as much of a whole job as is safe, practical and legal.

 

Employees will work flexibly and utilise the full range of certificated and non-certificated skills possessed and recognised.

 

7.1.9     To obtain the rate of pay for a level, an employee must complete and be competent in all required modules up to and including that level, i.e., until the modules are completed, the higher rate is not available.

 

7.2        Training - Design and Conduct -

 

7.2.1     Appropriate certification will be provided to employees on successful completion of a module or unit.  Both the assessor and the trainee will sign and date this record.

 

7.2.2     The content of training modules developed will be accredited by the Training and Safety Co-ordinator. Where possible, modules will include the minimum standard of performance to successfully complete the module as well as a method to assess competence.  Modules will be developed and implemented with appropriate input from supervisors and employees of the area affected by the module.

 

7.2.3     Certification will be carried out by accredited assessors, i.e., people who are personally competent in the area being assessed.

 

7.2.4     Where certification is carried out by a supervisor and/or a peer group, an appeal mechanism will be provided as follows:

 

Firstly, meeting with supervisor, function head, employee and employee chosen by the appellant (this may be a union delegate).

If this does not resolve the appeal, the grievance handling procedure applies.

 

7.2.5     Some skills may require re-certification to ensure critical safety and operational requirements are met. Decisions will also be subject to appeal.

 

7.2.6     A person must demonstrate mastery of the skill on the job before full certification can be obtained.  This means that some skills will need to be applied on the job for a period of time before final certification.

 

7.2.7     National and local accreditation needs may be taken into account in designing training. However, this will not impede the design and implementation of training courses.

 

7.3        Transfers - Transfers between sections (and models) will be possible, subject to a vacancy existing.  It will be made on the basis of vacancy requirements, past  performance and assessed competence. The appeal mechanism is that mentioned in paragraph 9.1.2 of subclause 9.1 of clause 9, Job Models.

 

Any vacancies in different streams will be advertised on notice boards.

 

7.4        Transitional Arrangements -

 

7.4.1     An audit will be conducted to assess the knowledge and skills held by existing employees.

 

7.4.2     Current employees will be allocated to a level in the model after an assessment (subject to appeal) of current knowledge, skills and responsibility.

 

Current employees will be protected and suffer no financial disadvantage from their present position.

 

7.4.3     Participation in training for progression will be voluntary for persons in employment at the commencement of this award.

 

7.4.4     Employees who elect not to participate in training for progression will retain their current rate of pay.  They will not participate in any future increases associated with work value review of levels in the model until such time as they agree to participate and are trained.

 

7.4.5     All employees will work flexibly, including those who elect not to participate in training.  In the latter  case, this may include carrying out some other suitable tasks so that another employee can be trained or maintain skills in the job the first employee normally carries out.

 

7.5        Adult Apprenticeships -

 

7.5.1     Adult apprentices may be employed in order to provide flexibility in production and maintenance operations, and provide a career development option for OneSteel Ropes employees.

 

7.5.2     Every adult apprentice will be indentured.

 

7.5.3     A three-month probation period will apply to adult apprentices.

 

7.5.4     Adult apprentices will retain their classification rate of pay while training (i.e., the  rate for the classification which applied to the apprentice  immediately prior to entering apprenticeship).  On completion of their apprenticeship (both formal training and competency in relevant on-the-job areas) the apprentice will slot into the relevant trade model.

 

7.5.5     Tool allowance is to be included as part of the rates of pay in clause 3, Payments and Allowances, i.e., not to be paid in addition.

 

7.5.6     Adult apprentices are required to purchase a supply of tools which remain part of their personal tool kit.  Other tool requirements are supplied.

 

7.5.7     Proof of attendance at a technical college is required to ensure payment for time so spent.

 

8.  Other Conditions

 

8.1        Maintenance of Earnings -

 

8.1.1     Maintenance of earnings will apply to circumstances arising out of the transition from the classification-based pay structure to the skill-based job models in clause 9, Job Models.  The retention of rates provisions contained in subclause 8.2, Retention of Rates, will apply in all other situations detailed in this clause.

 

8.1.2     This arrangement will cease to apply where future changes (e.g., a plant rationalisation, technological or market change, etc.) result in employees, by necessity, being transferred to other positions.  In these circumstances, the normal award retention of rates provisions will then apply.

 

8.1.3     Employees whose current earnings (existing classification and bonus) are greater than the level applicable to them as determined by their placement in the job models in the said clause 9, shall maintain their current earnings, subject to the following adjustments and conditions:  Employees will continue to attract adjustments applicable to their previous classification, provided that when the earnings (as determined by classification  and bonus) applicable to their level in the model exceed their earnings as determined by their previous classification they will thereafter receive the earnings as per the model.  All employees participating in this maintenance of earnings agree to work flexibly and utilise the full range of skills they possess.

 

8.1.4     All new employees will be paid in accordance with the rates of pay as provided for under the job models.

 

8.2        Retention of Rates -

 

8.2.1     Where after 11th November 2003, as a result of the rationalisation of the Company's operations, the introduction of technological change, changes in work practices or market change, an employee is appointed to a classification or classifications which receive a lower ordinary time rate of pay (including all purpose components e.g. group leader 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.

 

8.2.2     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.

 

8.2.3     Provided that in (8.2.1) and (8.2.2) 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.

 

8.2.4     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.

 

8.2.5     General - Superannuation contributions are made at the retained rates.

 

8.3        Flexible Remuneration

 

8.3.1     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.

 

8.3.2     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.

 

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

 

8.3.4     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.

 

8.3.5     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.

 

8.3.6     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.

 

8.3.7     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.

 

8.3.8     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.

 

8.3.9     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."

 

8.4        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.

 

8.5        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.

 

8.6        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.

 

8.7        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.

 

9.  Job Models

 

9.1        Principles of Job Model -

 

9.1.1     Employees will be slotted into a job model level following an audit of their skills.

 

Employees may, in cases of  doubt, be slotted on a "probation" basis for six months.  At the end of six months, their slotted position is confirmed or they return to their previous level.

 

9.1.2     There will be an appeal to a sub-committee consisting of the employee, the trainer, an appropriate supervisor and, if needed, a member of the Consultative Committee.  This sub-committee makes a recommendation to management.  Failing settlement, the award grievance procedure applies.

 

9.1.3     The initial slotting requires people to flexibly use the full range of their existing skills and undertake training as required by the Company in areas where they have currently not been trained up to that level.

 

9.1.4     Any person not wishing to participate to this extent will be regarded as a "stopper" and will retain their existing rate and bonus. "Stoppers" will still be required to work with sufficient flexibility to allow others to be trained.

 

9.1.5     Changes to Job Model - The job model and payments attached may be altered by agreement between the parties to take advantage of opportunities for increased flexibility and career development as they arise.

 

Any changes will be subject to relevant wage fixing limits set by the Industrial Relations Commission of New South Wales.

 

PART B

 

MONETARY RATES

 

Adult Basic Wage:    $121.40 per week

 

Table 1 - Rates of Pay (inclusive of 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

 

$

$

$

$

Technician

 

 

 

 

Entry

682.70

689.50

717.10

745.80

Level 1

709.60

716.70

745.40

775.20

Level 2

736.40

743.80

773.60

804.50

Level 3

776.80

784.60

816.00

848.60

Level 4

808.70

816.80

849.50

883.50

Level 5

842.20

850.60

884.60

920.00

Shift Co-ordinator

715.60

722.80

751.70

781.80

Ropemaker

 

 

 

 

Entry

564.90

570.50

593.30

617.00

Level 1A

591.20

597.10

621.00

645.80

Level 1

608.70

614.80

639.40

665.00

Level 2

633.40

639.70

665.30

691.90

Level 3

651.70

658.20

684.50

711.90

Level 4

699.40

706.40

734.70

764.10

Electrical Tradesperson

 

 

 

 

Entry

700.90

707.90

736.20

765.60

Level 1

717.00

724.20

753.20

783.30

Level 2

742.80

750.20

780.20

811.40

Level 3

777.90

785.70

817.10

849.80

Level 4

814.90

823.00

855.90

890.10

Level 5

838.20

846.60

880.50

915.70

Engineering Tradesperson

 

 

 

 

Entry

682.70

689.50

717.10

745.80

Level 1

701.70

708.70

737.00

766.50

Level 2

719.20

726.40

755.50

785.70

Level 3

752.80

760.30

790.70

822.30

Level 4

784.40

792.20

823.90

856.90

Level 5

819.80

828.00

861.10

895.50

Engineering Assistant

 

 

 

 

Level 1

573.90

579.60

602.80

626.90

Level 2

616.00

622.20

647.10

673.00

Level 3

640.50

646.90

672.80

699.70

Reel Shop

 

 

 

 

Co-ordinator

776.40

784.20

815.60

848.20

Carpenter

 

 

 

 

Entry

684.10

690.90

718.50

747.20

Level 1

702.30

709.30

737.70

767.20

Level 2

754.90

762.40

792.90

824.60

Reelmaker

 

 

 

 

Entry

577.30

583.10

606.40

630.70

Level 1

583.00

588.80

612.40

636.90

Level 2

603.10

609.10

633.50

658.80

Level 3

622.50

628.70

653.80

680.00

 

Table 2 - Other Rates and Allowances

 

Item

Clause

Brief Description

A

B

C

D

No

No

 

$

$

$

$

1

3.4.1

Tool Allowance, Engineering Trades

12.40

 

12.80

13.20

 

 

and Technicians

 

 

 

 

2

3.4.1

Tool Allowance, Carpenters

22.70

 

23.40

24.10

3

3.4.2

Licence Allowance, Electricians

29.60

 

30.50

31.40

4

3.4.3a

Shift Allowance, Regular Weekly

67.20

67.90

70.60

73.40

 

 

Changes - day night afternoon

 

 

 

 

5

3.4.3a

Shift Allowance, less than 1/3 on day work

44.80

45.20

47.00

48.90

6

3.4.3b

Shift Allowance, day shift, night shift

67.20

67.90

70.60

73.40

7

3.4.3b

Shift Allowance, day shift, afternoon shift

57.20

57.80

60.10

62.50

8

3.4.3c

Shift Allowance,

 

 

 

 

 

 

Night Afternoon

89.40

90.30

93.90

97.70

 

 

Night only

89.40

90.30

93.90

97.70

 

 

Afternoon only

89.40

90.30

93.90

97.70

9

3.4.3d

Shift allowance per shift for any

27.00

27.30

28.40

29.50

 

 

afternoon or night shift not in items 4 -

 

 

 

 

 

 

8 (Not paid in respect of any day shift)

 

 

 

 

10

3.4.4

Group Leader Allowance

33.10

33.40

34.70

36.10

11

4.2.3 d & g

Overtime meal Allowance

9.70

 

CPI

CPI

 

APPENDIX 1

 

ONESTEEL ROPES PERFORMANCE RECOGNITION  PAYMENTS SCHEME

 

1.          Nature of Agreement and Parties to Agreement - This agreement provides for a system of quarterly business performance improvement recognition payments.

 

The parties to this agreement are:

 

OneSteel Ropes;

 

The AWU, New South Wales Branch;

 

the Electrical Trades Union of Australia, New South Wales Branch;

 

the Construction, Forestry, Mining and Energy Union (New South Wales Branch);

 

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

 

2.          The Purpose of the Agreement - The parties acknowledge that OneSteel Ropes can remain competitive and support improving financial benefits only through constantly improving business performance.

 

Therefore, it is the purpose of the agreement to:

 

assist in achieving Critical Business Plan Objectives.  To this end, the parties commit themselves to co-operating in efforts to achieve lower operating costs, improved quality, improved delivery performance and increased productivity.  All of these will contribute to improved business performance and job security; recognise the contribution of employees to improved performance as it occurs.

 

3.          Required Actions - Actions which the parties agree to 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;

 

strictly adhere to the dispute settling procedure;

 

use of contractors to improve business performance;

 

selection and deployment 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 performance against set targets.

 

The performance measures operating will be based and focused on specific targets identified in the business plan and will be relevant to each Department.  The specific measures will be reviewed at least annually following completion of the Business Plan for each financial year but may be reviewed more often if circumstances dictate.

 

There will be regular communication with employees and written reports/charts will be updated and displayed on notice boards/score boards to communicate performance against targets.

 

Payments under the scheme will be made at the end of each quarter, based on performance against outcome against the targets and will be calculated as a percentage of each 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 per cent of quarterly gross earnings will be made for attainment of reasonably achievable performance targets; these payments can reach 5.5 per cent in any quarter for achievement of exceptional levels of performance.

 

There shall be provision to "top-up" payment to the 4.5 per cent 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 the 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 Ropes in full-time employment on the Company's payroll at the end of each payment quarter.

 

Participation in the end of year "top-up" arrangement should, if necessary, be applied 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 scheme.

 

In addition, full-time employees who leave during the 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 will be eligible for any "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 this scheme, its performance measures and associated payments will be monitored and reviewed by the OneSteel Ropes Consultative Committee or any agreed alternative. The purpose of this review shall be to:

 

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

 

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

 

Issues arising associated with the introduction or operation of this scheme will be progressed to conclusion in an orderly manner following the agreed dispute settling procedure.

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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