ONESTEEL WIRE PTY LTD ROPES AWARD
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
Clause No. Subject Matter
Incidence and Duration - General
4. Hours of
Work, Overtime and Shift Work
9. Job Models
Table 1 - Rates of
Table 2 - Other Rates
Appendix 1 - OneSteel
Ropes Performance Recognition Payments Scheme
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
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.
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
any person reporting directly to the Operations Manager
of Newcastle Wire Rope Works;
any officer with authority higher than that of
any officer deputising for a department head.
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
(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
(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
(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
(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
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
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
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.
2.1 Contract of
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
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
(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
(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,
(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
(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
(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.
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 -
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.
These arrangements are designed to provide employees
with fair and reasonable benefits in the event of redundancy.
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).
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.
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).
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.
(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
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
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
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.
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.
Allowance - Electricians holding an "A" class electrical licence
receive the amount in Item 3 of Table 2.
(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.
Shift" means any shift finishing subsequent to midnight and at or before
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 -
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
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.
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
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 -
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
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
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,
(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
(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
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'
when they shall be paid at overtime rates for day
workers. No shift allowance is payable in respect of night work under this
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
Ordinary Working Hours - No deduction from the ordinary weekly wage (award and bonus)
for absence due to time spent in tuition, travelling or examination.
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.
5.1 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:
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);
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 -
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
(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
(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.
(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
(ii) to any
employee who entered their current employment with the Company before 1 January
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
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.
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
5.5.1 The terms of
the Long Service Leave Act 1955 shall apply except for the provisions
(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
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.
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.
Personal/Carer's Leave Case - August 1996:
5.8.1 Use of Sick
(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.
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
(A) a spouse of the
(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
means a person related by blood, marriage or affinity;
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
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
(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
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part-day
(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.
5.9.1 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
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
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
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.
(a) Employees may
reasonably expect continued financial support in the event of extended illness
(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
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.
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
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
(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:
engaged on a casual or fixed term basis
(b) Employees with
less than 3 months continuous service
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
periods of extended absences beyond those totalling 12 months in any 3 year
enjoying similar support under discretionary sick leave arrangements
resulting from alcohol, drug or substance abuse
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
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.
(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.
(a) An employee is
entitled to paid parental leave as follows:
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)
leave - one (1) week paid leave around
the time of birth
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.
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).
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
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
(b) To claim paid
paternity leave the employee must provide such reasonable proof as the employer
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
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.
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
The Company shall, upon request, provide each
recognised delegate with a suitable locker, for the purpose of storing relevant
union material at the workplace.
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
(c) The unions
will provide to the employer reasonable notice in writing of the need for such
(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.
Claims, Issues and Disputes -
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.
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.
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.
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.
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
Principles of Employment and Job Development -
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
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.
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
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
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
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
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 -
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.
will be carried out by accredited assessors, i.e., people who are personally
competent in the area being assessed.
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
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
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.
7.4.1 An audit will
be conducted to assess the knowledge and skills held by existing employees.
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.
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.
apprentices may be employed in order to provide flexibility in production and
maintenance operations, and provide a career development option for OneSteel
7.5.2 Every adult
apprentice will be indentured.
7.5.3 A three-month
probation period will apply to adult apprentices.
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
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.
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
8. Other Conditions
8.1 Maintenance of
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.
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
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
(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
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.
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
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:
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."
- 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
for existing employees at 1 July 2005 the OSSF, and
for employees commencing employment with OneSteel after
1 July 2005 the STA.
Labour - Rates of Pay
supplementary labour is engaged payment will be based on the appropriate
classification rate of pay otherwise payable to an employee under this Award.
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
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:
moderation of duties;
planning / training; and/or,
movement to day
shift at the employee's request.
8.7 Payroll deduction of union dues
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.
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.
Table 2 - Other Rates and Allowances
Changes - day
less than 1/3 on day work
day shift, night shift
day shift, afternoon shift
per shift for any
night shift not in items 4 -
8 (Not paid in
respect of any day shift)
4.2.3 d & g
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:
The AWU, New South Wales Branch;
the Electrical Trades Union of Australia, New South
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.
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
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
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
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.
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
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.
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
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.