ONESTEEL WIRE PTY LTD NEWCASTLE FENCE
POST PLANT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by OneSteel
Wire Pty Ltd.
(No. IRC 4235 of 2005)
Before The Honourable
Mr Deputy President Harrison
|
17 August 2005
|
AWARD
PART A
Clause No. Subject Matter
1. Basic
Wage
2. Rates Of
Pay
3. Leading
Hands
4. Mixed
Functions
5. Hours Of
Duty
6. Shift
Work Allowances For Shift Workers
7. Saturday
Rates For Shift Workers
8. Night Work
For Day Workers And Day Shift Workers
9. Transfer
Of Day Workers From Day Work To Shift Work
10. Transfer
Of Shift Workers
11. Overtime
12. Payment
For Training
13. Requirement
To Work In Accordance With The Needs Of The Industry
14. Holidays
15. Sunday And
Holiday Rates
16. Shift
Workers - Sundays And Holidays As Ordinary Working Days
17. Maximum
Payment
18. Employees
Presenting Themselves For Work And Not Required
19. Junior
Labour Unapprenticed
20. Sick Pay
20A. State
Personal/Carer's Leave Case - August 1996
20B. Anti
Discrimination
21. Annual
Leave
22. Days Added
To Annual Leave And Long Service Leave
23. Long
Service Leave
24. Jury
Service
25. Compassionate
Leave
26. Contract
Of Employment
27. Automation
28. Redundancy
29. Retention
Of Rates
30. Definitions
31. Time And
Payment Of Wages
32. Union
Delegates
33. Payroll
Deduction Of Union Dues
34. Safety
Glasses, Hearing Protection, Hard Hats And Gloves
35. Return Of
Company's Property
36. Procedure
For Resolving Claims, Issues And Disputes
37. Enterprise
Arrangements And Award Changes
38. Performance
Recognition Payment Scheme
39. Supplementary
Labour - Rates Of Pay
40. Transition
Arrangements For Retiring Shift Workers
41. Flexible
Remuneration
42. Parental
Leave
43. Wage Support
For Extended Periods Of Illness Or Injury
44. Superannuation
_ Choice Of Fund
45. No Extra
Claims Commitment
46. Commitment
To Ongoing Business Improvement
47. Area,
Incidence And Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates
and Allowances
Appendix 1-
Performance Recognition Payments Scheme
PART A
1. Basic Wage
This award, in so far as it fixes rates of wages, is made by
reference and in relation to the adult basic wage of $121.40 per week.
The said basic wage may be varied by the Industrial
Relations Commission of New South Wales under subclause (2) of clause 15 of
Division 4 of Part 2 of Schedule 4, Savings, Transitional and Other Provisions,
of the Industrial Relations Act 1996.
A reference in this award to the adult basic wage is to be
read as a reference to the adult basic wage currently in force
under the said clause 15.
2. Rates of Pay
(i) Adult
Employees - The minimum award rate of pay of any classification shall, subject to
the other provisions of this award, be the rates attached to that
classification as set out in Table 1 -
Wages, of Part B, Monetary Rates.
(ii) Junior
Employees - Unapprenticed - The minimum rate of pay shall, subject to the other
provisions of this award, be the following percentage of the 38-hour weekly
wage prescribed for the classification "Entry" appearing in the said
Table 1, calculated to the nearest 10 cents, any broken part of 10 cents in the
result not exceeding 5 cents to be disregarded.
|
Percentage of
weekly wage for Sweeper and Labourer
|
|
per 38-hour week
|
|
|
Under 17 years of age
|
45
|
At 17 and under 18 years of age
|
65
|
Providing that juniors operating any machines and juniors
called upon to lift weights of 18 kgs or over (where lifting is permitted by
the Occupational Health and Safety Act 2000) shall be paid the amount
per 38-hour week as set out in Item 1 of Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates, in addition to the rates set out in the said Table
1.
(iii) In addition
to the minimum rates of pay prescribed by this clause, employees receive
payments pursuant to the applicable bonus scheme.
(iv) Employment of
Females - Subject to this award, the Company may employ females on all work in
respect of which minimum rates of pay are prescribed by this award, except on
such work as shall be declared by the Industrial Relations Commission of New
South Wales to be unsuitable for female employees.
3. Leading Hands
Except where otherwise specifically provided for, employees
appointed by the Company as leading hands shall be paid additional amounts as
set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates:
4. Mixed Functions
Employees shall retain the rate of pay of their ordinary
classification for all work performed by them.
5. Hours of Duty
(i) All Employees
- Ordinary working hours shall be an average of 38 per week over the full cycle
of the relevant work roster. Ordinary hours shall not exceed -
(a) eight during
any consecutive 24 hours;
(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 or by means of other rostering
arrangements agreed to by the parties.
(ii) Day Workers
(a) Ordinary
working hours shall be worked Monday to Friday, inclusive, between the hours of
6.00 am and 6.00 pm each day. Provided that day workers may commence their
ordinary hours prior to 6.00 am if agreement has been reached between the
Company and the employees, and relevant union.
(b) Each day,
Monday to Friday, inclusive, thirty minutes between the hours of 10.00 am and
2.30 pm shall be allowed to day workers for a meal.
(iii) Shift Workers
- Twenty minutes shall be allowed each shift for crib which shall be counted as
time worked.
6. Shift Work
Allowances for Shift Workers
(i) Subject as in
the award otherwise provided, shift workers shall be paid, in addition to the
rates payable under this award, shift work allowances as follows:
(a) Shift workers
whilst working rotating shifts with regular weekly changes - at the rate per
38-hour week as set out in Item 3 of Table 2 - Other Rates and Allowances, of
Part B, Monetary Rates, in respect of all shifts worked.
Provided that each such rotating shift worker, so
engaged under a roster system which does not provide for at least one-third of
their working time in the full cycle of the roster being on day shift, shall be
paid an additional amount as set out in the said Item 3 in respect of each of
any number of afternoon and/or night shifts more than two-thirds of their
working time in the roster worked by the employee.
Provided further that working time on day shift shall,
if necessary, include shifts rostered off on day shift not exceeding an average
over the full cycle of the roster of one per 38-hour week.
(b) Shift workers
whilst working shift work which involves regular weekly changes as follows:
1. day shift,
night shift;
2. day shift,
afternoon shift;
3. day shift, day
shift, afternoon shift;
4. day shift, day
shift, night shift;
5. junior shift workers
when working under any of the shift systems set out in (1) to (5) above, shall
be paid as set out in Item 4 of the said Table 2.
(c) Adult shift
workers whilst working shift work on shift systems as follows:
1. night shift,
afternoon shift;
2. night shift
only;
3. afternoon
shift only, shall be paid as set out in Item 5 of Table 2.
(d) Shift workers
who work any afternoon or night shift other than under the shift systems set
out in paragraphs (a), (b) and (c) of this subclause, and are not paid in
respect of any day shift worked shall be paid per shift at the rate as set out
in Item 6 of Table 2 for each afternoon or night shift worked.
(ii) "Night
Shift" means any shift finishing subsequent to midnight and at or before
8.00 a.m.
7. 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.
8. Night Work for Day
Workers and Day Shift Workers
(i) Subject to clause
17, Maximum Payment, but otherwise notwithstanding anything contained herein:
(a) a day worker
who is required in lieu of ordinary day work; or
(b) a day shift
worker who is required in lieu of a day shift on which they would ordinarily be
rostered, to work at night for periods of not less than eight hours on less
than five consecutive nights or on less than four consecutive nights when the
fifth night is their 38-hour week rostered off night, shall be paid at the rate
of time and one-half of the ordinary rate of pay under clause 2, Rates of Pay,
except -
(c) on Saturdays,
Sundays, 38-hour week rostered off days and holidays; and
(d) in respect of
any night in respect of which he/she 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.
(ii) In this
clause, "night" means any hours between 4.00 p.m. and 8.00a.m., and
"day shift worker" means a shift worker employed on a shift system
involving day shift only.
9. Transfer of Day
Workers from Day Work to Shift Work
Day workers may be employed as and become shift workers for
a period of not less than five shifts or not less than four shifts when the
fifth shift is their 38-hour week rostered off shift, and paid accordingly.
Provided that an employee shall be paid at overtime rates
for any shift upon which they are employed as a shift worker under this clause
in respect of which they have not been given at least 48 hours notice.
10. Transfer of Shift
Workers
A shift worker who is required to work on a shift other than
the shift on which they would ordinarily be rostered shall be paid at overtime
rates for any such shift in respect of which they have not been given at least
48 hours notice. This provision shall not apply when the employee reverts to
the shift on which they would ordinarily have been rostered.
11. Overtime
(i) Day Workers -
Day workers for all time worked in excess of or outside the ordinary working
hours and times prescribed by this award shall be paid at the rate of time and
one-half for the first two hours and at the rate of double time thereafter.
(ii) Shift Workers
- Shift workers for all time worked -
(a) in excess of
the ordinary 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:
1. by arrangement
between the employees themselves; or
2. for the
purpose of effecting the customary rotation of shifts.
(iii) General -
(a) When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least eight consecutive hours off duty between the work
of successive days. An employee who works so much overtime between the
termination of their ordinary work on one day and the commencement of their
ordinary work on the next day that they have not had at least eight consecutive
hours off duty between those times shall, subject to this subclause, be
released after the completion of such overtime until they have had eight
consecutive hours off duty, without loss of pay, for ordinary working time
occurring during such absence.
If, on the instruction of the Company, such an employee
resumes or continues working without having has such eight consecutive hours
off duty they shall be paid at double rates until they are released from duty
for such period and they then shall be entitled to be absent until they have
had eight consecutive hours off duty, without loss of pay, for ordinary working
time occurring during such absence.
Where, immediately after taking an eight-hour rest
period pursuant to this subclause, an employee is required to report for work
at other than their ordinary day or shift commencing time and reasonable means
of transport are not available to them, the Company shall convey them or supply
them with conveyance to the works.
(b) A day worker,
required to work on a Saturday, Sunday, a 38- hour week rostered day off or a
holiday, or a Monday-to- Saturday shift worker required to work on a Sunday, a
38- hour week rostered day off or a holiday, shall be paid for a minimum of
four hours work. Provided that an employee recalled from their home to work
overtime shall be paid for a minimum of four hours work. Where the actual time
worked is of shorter duration than the applicable minimum specified in this
paragraph, the working period shall not be regarded as overtime for the purpose
of paragraph (a) of this subclause.
(c) An employee
required to continue at work on overtime for more than one and a half hours
after their ordinary ceasing time without having been notified before leaving
their work on the previous day that they would be required to work overtime
shall, at the employee's option:
1. be provided,
free of cost, with a suitable meal and another meal for each subsequent meal
break into which the work extends; or
2. be paid the
amount as set out in Item 7 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, for each meal.
(d) If an
employee, pursuant to notice, has provided a meal and is not required to work
overtime or is required to work for less than one and a half hours they shall
be recompensed suitably for the meal which they have provided but which is
surplus.
(e) Where an employee
working overtime finishes work at a time when reasonable means of transport are
not available to them, the Company shall:
1. within a
reasonable time convey them or supply them with conveyance to
(A) a reasonable
distance from their home; or
(B) a place to
which he/she usually travels by public conveyance when returning home from
work; or
(C) a place from
which they can, within a reasonable time, obtain public conveyance to a
reasonable distance from their home or the place to which they usually travel
by public conveyance when returning home from work; or
2. pay them their
current rate of pay for the time reasonably occupied in reaching their home.
(f) An employee
who is recalled from their home to work overtime shall, at the employee's option
-
1. be provided,
free of cost, with a suitable meal for each normal meal break falling during
the overtime for which they were called out; or
2. be paid the
amount as set out in the said Item 7 of Table 2 for each such meal.
(iv) For the
purposes of this clause a recall from home to work overtime takes place when an
employee is notified at home of the requirement to return to work.
12. Payment for
Training
Notwithstanding the provisions of clause 11, Overtime,
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 the absence due to time spent in tuition, travelling or examination.
(b) Outside
Ordinary Working Time - 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.
13. Requirement to
Work in Accordance With the Needs of the Industry
(i) For the
purpose of meeting the needs of the industry the Company may require an employee
to work reasonable overtime, including work on a Sunday and a holiday, at the
rates prescribed by this award, and, unless reasonable excuse exists, the
employee shall work in accordance with such requirement.
(ii) Subject to
clause 9, Transfer of Day Workers from Day Work to Shift Work, and clause 10,
Transfer of Shift Workers, for the purpose of meeting the needs of the industry
the Company may require an employee to transfer from one system of work to
another system of work, prescribed by this award, at the rate applicable
thereto and, unless reasonable excuse exists, the employee shall transfer in
accordance with such requirement.
14. Holidays
(i) The days on
which New Year's Day, Australia Day, Good Friday, the Saturday following Good
Friday, Easter Monday, Anzac Day, the local Eight-hour Day, Queen's Birthday,
Christmas Day and Boxing Day are observed and special days appointed by
proclamation as pubic holidays for the State shall be holidays and day workers
and Monday-to-Saturday shift workers not required to work on a holiday shall be
paid for the holiday at the ordinary rates of pay under clause 2, Rates of
Pay, and at an extra rate calculated in accordance with subclause (iii).
(ii) This
provision for payment does not apply to:
(a) employees
whose rostered shift off falls on a holiday (subject to the provisions of
paragraph (b) of subclause (ii) of clause 22, Days Added to Annual Leave and
Long Service Leave);
(b) employees
absent without leave or reasonable excuse on the working day preceding or the
working day succeeding a holiday.
(iii) The extra
rate referred to in subclause (i) of this clause shall be -
(a) in the case of
an employee who receives a bonus under a bonus setting which is calculated by
reference to the work performed by more than one employee, either the average
bonus payable to employees of the same classification under that setting for
each ordinary shift or ordinary day worked by those employees during the last
bonus period preceding the holiday, or the average bonus payable to the
employee for each ordinary shift or ordinary day worked by them during the last
bonus period preceding the holiday; or
(b) in the case of
an employee who receives a bonus which is calculated solely by reference to
their work performance, the average bonus payable for each ordinary shift or
ordinary day worked by them in the last preceding bonus period.
(iv) In addition to
the public holidays prescribed in subclause (i) of this clause, one additional
public holiday shall, as from 1 January 1977, 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.
15. Sunday and
Holiday Rates
Employees shall be paid at the rate of double time for all
work on Sundays and at the rate of double time and a half for all work done on
the holidays prescribed by this award.
16. Shift Workers -
Sundays and Holidays as Ordinary Working Days
No working period shall include Sundays and holidays as
ordinary working days except for the following shift workers:
(i) firepersons;
(ii) watchpersons,
change house and first-aid attendants.
17. Maximum Payment
(i) Shift
allowances and special rates shall not be subject to any premium or penalty
additions.
(ii) All rates
prescribed by this award shall not exceed double the rates prescribed by clause
2, Rates of Pay, or of clause 3, Leading Hands, provided that this subclause
shall not apply to any excess due to payments under clause 6, Shift Work
Allowances for Shift Workers, or clause 15, Sunday and Holiday Rates (in
respect of work done on holidays).
18. Employees
Presenting Themselves for Work and Not Required
Subject to the provisions of clause 26, Contract of
Employment, employees who present themselves for their ordinary work without
notice that they will not be required shall be paid at least four hours' pay.
19. Junior Labour
Unapprenticed
(i) Junior labour
may be employed at work suitable for juniors according to their age.
(ii) In cases
where a junior is capable of performing and does work which ordinarily is not
regarded as suitable for a person under the age of 21 years they shall be paid
the adult rate whilst so engaged.
(iii) No youth
under the age of 18 years may be required to work overtime unless they are
willing to do so.
(iv) Every
unapprenticed junior shall give at least a fortnight's notice of their change
of year of age.
20. Sick Pay
(i) An employee who
is unable to attend for duty during their ordinary working hours by reason of
personal illness or personal incapacity not due to their own serious and wilful
misconduct shall be entitled to be paid at ordinary-time rates of pay and, in
addition, the extra payment prescribed in subclause (vi) of this clause 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 of New South Wales that they are or were
unable, on account of such illness or incapacity, to attend for duty on the day
or days for which payment under this clause is claimed.
(d) 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 paragraph (e) of
this subclause. Any period of paid sick leave allowed by the Company to an
employee in any such year shall be deducted from the period of sick leave which
may be allowed or may be carried forward under this award in or in respect of
the earliest year of employment for which the employee has an accumulated or accrued
right.
(e) The number of
ordinary working hours referred to in paragraph (d) above shall be:
1. in the case of
an employee with less than one year's continued employment - 40;
2. in the case of
an employee with one or more year's continued employment but less than ten
years' continued employment - 64;
3. in the case of
an employee with ten or more years' continued employment - 80.
(ii)
(a) The rights
under this clause shall accumulate from year to year so long as the employment
continues with the Company, whether under this or any other award, so that any
part of the number of ordinary working hours specified in paragraph (e) of
subclause (i) of this clause which has not been allowed in any year may be
claimed by the employee and shall be allowed by the Company, subject to the
conditions prescribed by this clause, in a subsequent year of such continued
employment. Any rights which accumulate pursuant to this subclause shall be
available as follows -
1. to any
employee entering the employment of the Company on or after 1 January 1986 -
for a period of 16 years, but for no longer, from the end of the year in which
they accrued;
2. to any
employee who entered their current employment with the Company before 1 January
1986:
(A) during the
period between 18 and 31 December 1985 - for a period of 14 years,
but for no longer, from the end of the year in which they accrued;
(B) during the
transition year - for a period of 15 years, but for no longer, from the end of
the year in which they accrued;
(C) during the
first year of employment immediately following the transition year - for a
period of 16 years, but for no longer, from the end of the year in which they
accrued.
(b) For the
purposes of this subclause, "transition year" shall mean, in respect
of an employee whose current employment with the Company commenced before 1
January 1986, the year of his/her employment which commenced during 1986.
(iii) In the case
of an employee who otherwise is entitled to a payment under this clause but
who, at the time of the absence concerned, has not given three months
continuous service in their current employment with the Company, the right to
receive payment shall not arise until they have given such service.
(iv) For the
purpose of this clause, continuous service shall be deemed not to have been
broken by:
(a) Any absence
from work on leave granted by the Company; or
(b) any absence
from work by reason of personal illness, injury or other reasonable cause,
proof whereof shall, in each case, be upon the employee, provided that any time
so lost shall not be taken into account in computing the qualifying period of
three months.
(v) Service before
the date of the coming into force of this award shall be counted as service for
the purpose of qualifying thereunder.
(vi) Extra payment
in subclause (i) means -
(a) in the case of
an employee who receives a bonus which is calculated by reference to the work
performance of more than one employee, the bonus payment which would have been
payable if they had attended for duty;
(b) in the case of
an employee who receives a bonus which is calculated solely by reference to
their work performance, the average bonus payable for each ordinary shift or
ordinary day worked by them in the last preceding bonus period.
(vii) In this clause
"ordinary working hours" shall include working hours on shifts known
as compulsory roster shifts, ring roster shifts or 21st shifts, which are paid
at overtime rates.
20A. State
Personal/Carer's Leave Case - August 1996
(i) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) of this subclause, 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 on clause 20, Sick Pay, for absences to provide care and support for such
persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall,
if required, establish, either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer's leave under this subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
1. the employee
being responsible for the care of the person concerned; and
2. the person
concerned being:
(A) a spouse of the
employee; or
(B) a de facto
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 step- child, a foster parent and
legal guardian), grandparent, grandchild or sibling of the employee or spouse
or de facto spouse of the employee; or
(D) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(E) a relative of
the employee who is a member of the same household where, for the purpose of
this subparagraph:
(i) "relative"
means a person related by blood, marriage or affinity;
(ii) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(iii) "household"
means a family group living in the same domestic dwelling.
(d) Any employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(ii) Unpaid Leave
for Family Purpose -
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 subparagraph (ii) of paragraph (c) of subclause
(1) who is ill.
(iii) Annual Leave
-
(a) An employee
may elect, with the consent of the employer and subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five days in
single-day periods, or part thereof, in any calendar year at a time or times
agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least five consecutive days are taken.
(iv) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the 12-month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(v) Make-up Time -
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time) at the shift work rate which would have been
applicable to the hours taken off.
(vi) Rostered Days
Off -
(a) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in
part-day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and 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.
20B. Anti
Discrimination
1. It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identify and age.
2. It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It
will be consistent with the fulfilment of these obligations for the parties to
make application to vary any provision of the award which, by its terms or
operation, has a direct or indirect discriminatory effect.
3. Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
4. Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted form anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
5. This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
21. Annual Leave
(i) Day Workers and
Monday-to-Saturday Shift Workers - See Annual Holidays Act 1944.
(ii) Shift Workers
under clause 16, Shift Workers - Sundays and Holidays as Ordinary Working Days:
(a) In addition to
the benefits provided by Section 3 of the Annual Holidays Act 1944 with
regard to an annual holiday of four weeks, an employee who, during the year of
their employment with the Company with respect to which they become entitled to
the said annual holiday of four weeks, gives service to the Company as a
seven-day shift worker under the said clause 16, shall be entitled to the
additional leave as below specified:
(1) If during the
year of their employment they have
served the Company continuously as such seven-day shift worker, the
additional leave with respect to that year shall be one week.
(2) Subject to
subparagraph (4) of this paragraph, if during the year of their employment they
have served for only portion of it as such seven-day shift worker, the
additional leave shall be one day for every 33 ordinary shifts worked as a
seven-day shift worker.
(3) Subject to
subparagraph (4) of this paragraph, the employee shall be paid for such
additional leave at the annual leave rate of pay for the number of ordinary
hours of work for which such employee would have been rostered for duty during
the period of additional leave had such employee not been on such additional
leave.
(4) Where the
additional leave calculated under this subclause is or includes a fraction of a
day, such fraction shall not form part of the leave period and any such
fraction shall be discharged by payment only.
(5) In this
clause, reference to one week and one day shall include holidays and
non-working days.
(b) Where the
employment of a worker has been terminated and they thereby become entitled
under Section 4 of the Annual Holidays Act 1944 to payment in lieu of an
annual holiday with respect to a period of employment, they also shall be
entitled to an additional payment for three and one-half hours at the annual
leave rate of pay with respect to each 21 shifts of service as such seven-day
shift worker which they have rendered during such period of employment.
(c) A seven-day
shift worker under this subclause shall be paid at the appropriate rate for any
"compulsory roster" shift, also known as a 21st shift, which they
would have worked during their period of annual leave which became fully due on
or after 23 September 1980, had they not been on annual leave.
(iii) Monday-to-Saturday
shift workers who are regularly rostered for duty on Saturdays as ordinary
working days - In addition to the benefits provided by Section 3 of the Annual
Holidays Act 1944, with regard to an annual holiday of four weeks, an
employee who, during the year of their employment with the Company with respect
to which they become entitled to the said annual holiday of four weeks, gives
service to the Company as a Monday-to-Saturday shift worker who is regularly
rostered for duty on Saturdays as ordinary working days, shall be entitled to
the additional leave as hereunder specified:
(a) For every 13
Saturdays upon which the employee worked an ordinary shift as a
Monday-to-Saturday shift worker who is rostered for duty on Saturdays as
ordinary working days, the additional leave with respect to that year shall be one
day.
(b) Where the
additional leave calculated under this subclause is or includes a fraction of a
day, such fraction shall not form part of the leave period and any such
fraction shall be discharged by payment only.
(iv) All employees
- Annual Leave Loading -
(a) In respect of
a period of annual leave an employee shall be paid a loading of 20 per cent of
whichever amount, to be calculated for the period of their annual leave, is the
less of:
(1) their ordinary
pay pursuant to the Annual Holidays Act 1944 and, where applicable,
their annual leave rate of pay pursuant to this clause and clause 22, Days
Added to Annual Leave and Long Service Leave; or
(2) the sum of -
(A) their award
time work rate of pay for ordinary time at the commencement of their annual
leave as prescribed by clauses 1, Basic Wage; 2, Rates of Pay; 3, Leading
Hands, and
(B) their rate of
maximum all-purpose bonus payable at the commencement of their annual leave
pursuant to the bonus setting applicable to them.
Provided that an employee who would have worked on
shift work had they not been on annual leave shall be paid whichever is the
greater of the said loading, or the shift work allowances pursuant to clause 6,
Shift Work Allowances for Shift Workers, and the weekend penalty rates pursuant
to clause 7, Saturday Rates for Shift Workers, and (in respect of Sundays only)
clause 15, Sunday and Holiday Rates, that would have been payable to them in
respect of ordinary time during their period of annual leave had they not been
on annual leave.
(b) The loading
prescribed by this subclause shall apply to payment in lieu of a fully due
annual holiday on termination of employment, but shall not apply to
proportionate annual holiday payment on termination of employment.
22. Days Added to
Annual Leave and Long Service Leave
(i) In the case
of an employee who was, at the commencement of their annual leave or long
service leave, employed as a seven-day shift worker under clause 16, Shift
Workers - Sundays and Holidays as Ordinary Working Days, one day shall be added
to their annual leave period or long service leave period, respectively, in
respect of any holiday prescribed by this award which falls within the period
of annual leave or long service leave to which they are entitled under this
award.
(ii) An employee
who is rostered off duty on a day which is a holiday prescribed by this award
and who is not required to work on that day, shall -
(a) have one day
added to their annual leave period; or
(b) by mutual
consent, be paid, in the pay for the period in which the holiday falls, for the
holiday at the rate payable pursuant to subclause (i) of clause 14, Holidays.
This subclause shall not apply when the holiday falls -
(1) on a Saturday or
Sunday, except in the case of employees employed as seven-day shift workers
under the said clause 16;
(2) on a Sunday in
the case of employees employed as Monday-to-Saturday shift workers who are
regularly rostered for duty on Saturdays as ordinary working days.
(iii) Any day or
days added in the case of annual leave shall be paid for at the annual leave
rate of pay and in the case of long service leave shall be paid for at the long
service leave rate of pay.
(iv) Any day or
days added in accordance with subclauses (i) or (ii) of this clause shall be
the working day or working days immediately following the period of annual
leave or long service leave, respectively, to which the employee is entitled
under clause 21, Annual Leave, or clause 23, Long Service Leave.
(v) For the
purpose of subclause (iv) of this clause, working days shall be -
(a) In the case of
an employee who, at the commencement of their period of annual leave or long
service leave, as the case may be, was employed as a day worker - any day of
the week, including a day on which the employee concerned would have been
rostered off duty if they were not on annual leave or long service leave, but
excluding a Saturday, a Sunday or a holiday prescribed by this award,
(b) In the case of
an employee who, at the commencement of their period of annual leave or long
service leave, as the case may be, was employed as a Monday-to-Saturday shift
worker - any day of the week, other than a Sunday or a holiday prescribed by
this award, including a day on which the employee concerned would have been
rostered off duty if they were not on annual leave or long service leave.
(c) In the case of
an employee who, at the commencement of their period of annual leave or long
service leave, as the case may be, was employed as a seven-day shift worker -
any day of the week, including a day on which the employee concerned would have
been rostered off duty if they were not on annual leave or long service leave.
(vi) Where the
employment of a worker has been terminated and they become entitled under
Section 4 of the Annual Holidays Act 1944 to payment in lieu of an
annual holiday with respect to a period of employment, they also shall be
entitled to an additional payment for each day accrued to them under subclause
(ii) of this clause, at the annual leave rate of pay.
(vii) An employee
who is employed as a seven-day shift worker under the said clause 16 who -
(a) has a day
added to their annual leave or long service leave pursuant to subclauses (i)
and (ii) of this clause; and
(b) such a day
falls on a holiday prescribed by clause 14, Holidays, on which the employee
would have been rostered to work an ordinary shift were it not for their
entitlement to an added day, shall be paid for such day, in addition to their
entitlement under subclause (iii) of this clause, at the rate prescribed by
subclause (i) of the said clause 14.
23. Long Service
Leave
(i) The terms of
the Long Service Leave Act 1955 shall apply except for the provisions
prescribed below:
(a) for all service
after 1 July 2001, long service leave will accrue at the rate of 13 weeks for
each 10 years of service.
(b) from 14th
December 2001, pro-rata long service leave will be able to be accessed or will be
paid out on resignation or termination of the employee, other than in
circumstances of summary dismissal, after 5 years continuous service.
(ii) The award
rate (basic wage and margin) element of ordinary pay for long service leave
shall be either -
(a) that
determined in accordance with the said Act; or
(b) that
applicable to the employee at the commencement of their long service leave
entitlement, whichever is the greater.
(iii) Long service
leave shall be paid at the employee’s ordinary time earnings for the shift
roster that the employee would have worked had it not been for the long service
leave. This means whilst employees are on long service leave they will be paid
their ordinary time rate of pay (award and over-award), shift & weekend penalties
and compulsory rostered overtime (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.
(iv) Where payment
is made in lieu of accrued long service leave, such as on termination of
employment payment shall be at the employee's ordinary time rate of pay (i.e.
excluding compulsory rostered overtime, shift and weekend penalty rates).
(v) An employee
shall be entitled to have all days which are prescribed as holidays by clause
14, Holidays, treated as days appointed by the Governor as public holidays for
the purposes of the application to them of Section 4 (4A) of the Long
Service Leave Act 1955.
24.
Jury Service
An employee
required to attend for jury service during their ordinary hours; or immediately
following an ordinary night shift or immediately preceding an ordinary
afternoon shift on which the employee is rostered to work and, as a result of
attending jury service, is not reasonably able to report for work on the night
shift or afternoon shift:
(a) shall receive the actual wage that they
would have received had they worked their normal shift\s. Employees on jury
service who are not empanelled and dismissed for the rest of the day must
report for work.
(b) An employee summoned for jury duty shall
notify the Company as soon as possible of the date upon which they are required
to attend and shall keep the Company informed of the likely duration of their
attendance.
25.
Compassionate Leave
An employee shall,
on production of acceptable proof of the death of a close relative, 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.
Compassionate leave
will not be granted if the period of leave coincides with any other period of
paid leave. 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.
26. Contract of
Employment
(i) Subject as
provided for elsewhere in this award, employment shall be on a weekly basis.
(ii) Employment of
employees on probation for the first 13 weeks of service shall be from day to
day at the weekly rate fixed, determinable at a day's notice. This probationary
period shall not apply where employment follows a period of engagement as
defined in clause 39, Supplementary Labour - Rates of Pay.
(iii) Employees
shall perform such work as the Company reasonably shall, from time to time,
require and an employee not attending for or not performing their duty shall,
except as provided for by clause 20, Sick Pay, lose their pay for the actual
time of such non-attendance or non-performance.
(iv) Subject as
aforesaid, employment shall be terminated by a week's notice on either side,
given at any time during the week, or by the payment or forfeiture of a week's
wages, as the case may be. Where an employee has given notice or has been given
notice by the Company, they shall, upon request, be granted leave of absence
without pay for one day or shift during the period of notice in order to look
for alternative employment.
(v) Notwithstanding
the provisions of this clause, the Company shall have the right to stand an
employee down for refusal of duty, malingering, inefficiency, neglect of duty
or misconduct on the part of the employee and to deduct payment for any day or
portion of a day during which the employee is so stood down, provided that -
(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
superintendent is on duty in the department to which the employee is attached,
any decision as to the standing down of the employee shall be made by the
superintendent.
(c) Where no
superintendent is on duty in the department, a supervisor may stand an employee
down for a period not exceeding the balance of his/her shift where the employee
refuses duty or where the supervisor reasonably is of the opinion that the
continued presence of the employee on the plant would be likely to -
1. constitute a
hazard either to the employee or to other employees or to plant and equipment;
or
2. interfere with
the normal and orderly functioning of the Company's operations; or
3. be prejudicial
to discipline.
(d) Where a supervisor
stands an employee down they shall arrange for the employee to be interviewed
by the superintendent not later than the commencement of the employee's next
rostered shift of duty or at such other time as may be arranged mutually and
the superintendent, after reviewing the case, shall inform the employee of
their decision on the matter.
(e) An employee
shall be entitled to appeal to the Industrial Department against any decision
of a superintendent but the superintendent's decision shall take effect pending
the determination of the appeal.
(f) Where an
employee is working in a department other than the department to which they are
attached, the employee may be stood down in accordance with the provisions of
this subclause by the appropriate supervisor in the department in which they
are working, in lieu of the appropriate supervisor of the department to which
they are attached.
(g) "Superintendent"
shall include -
1. any officer
with authority higher than that of a superintendent;
2. any officer acting
as a superintendent's deputy in the absence of a superintendent;
3. in a
department where there is no officer with the title of superintendent, the
supervisor who is in charge and, in their absence, their deputy.
(h) "Department"
shall include a department so called and any other separately administered
section of the plant.
(i) Group
standing down shall mean the standing down, under this clause, of a group of
not less than four employees who have refused duty or who have committed
misconduct whilst acting in concert.
(vi) This clause
shall not affect the right of the Company to deduct payment for any day during
which the employee cannot be employed usefully because of any strike or through
any breakdown of machinery or due to any cause for which the Company reasonably
cannot be held responsible.
(vii) This clause
shall not affect the right of the Company to dismiss an employee without notice
for refusal of duty, malingering, inefficiency, neglect of duty or misconduct
and in such cases wages shall be payable up to the time of dismissal only,
provided that -
(a) No employee
shall be dismissed without notice before an adequate investigation of the
circumstances of the alleged offence has been made.
(b) Any decision
as to the dismissal of an employee without notice shall be made by the
superintendent of the department to which the employee is attached.
(c) When a
superintendent decides to dismiss an employee without notice the superintendent
shall so tell the employee and give the employee the reasons for the dismissal
without notice.
(d) If,
immediately following a dismissal without notice, the dismissed employee or
their delegate tells the superintendent that the dismissal will be contested -
1. the dismissal shall
take effect seven calendar days from the time that the employee was told of
their dismissal; and
2. during these
seven calendar days, notwithstanding the provisions of subclause (v) of this
clause, the employee shall be stood down without pay.
(e) The words
"superintendent" and "department" shall have the same
meaning as in subclause (v) of this clause.
27. Automation
(i) Notwithstanding
the provisions of clause 26, Contract of Employment, where, on account of the
introduction or proposed introduction by the Company of mechanisation or
technological changes in the industry covered by this award, the Company
proposes to terminate the employment of an employee who has been employed by it
for the preceding 12 months, it shall give the employee three months' notice of
the termination of their employment; provided that, if the employment of such
employee is terminated on that account and the Company fails to give such
notice in full -
(a) The Company
shall pay the employee at the ordinary rate of pay for the employee's
classification in clause 2, Rates of Pay, for a period equal to the difference
between three months and the period of the notice given.
(b) The period of
notice required by this clause to be given shall be deemed to be service with
the Company for the purposes of the Long Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of those Acts,
and provided further that the right of the Company to dismiss an employee for
the reasons specified in clause 26, Contract of Employment, shall not be
prejudiced by the fact that the employee has been given notice, pursuant to
this clause, of the termination of their employment.
(ii) Where the
Company proposes to introduce into the industry covered by this award mechanisation
or technological changes which will result in one or more employees becoming
redundant, the Company shall give notifications 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.
28. Redundancy
1. Purpose
These arrangements are designed to provide employees
with fair and reasonable benefits in the event of redundancy.
2. Definitions
In this clause:
"weeks pay" means the employees weekly
ordinary time rate of pay including award rate, over award rate and all-purpose
allowances but excluding shift allowances, weekend penalties and overtime.
"continuous service" means unbroken service
under a contract of employment of indefinite duration and excludes periods of
unpaid leave of absence including unpaid parental leave.
"redundancy" means the employer has made a
decision that the employer no longer
wishes the job an employee has been doing done by anyone, and this is not due
to the ordinary and customary turnover of labour; and that decision results in
the termination of employment.
"employee" means an employee engaged under a
contract of employment of indefinite
duration and excludes casuals, fixed term employees and employees engaged under
a training contract (such as
apprentices and trainees).
3. Notice
In the event of forced redundancy, the employee will be
provided a minimum of 4 weeks notice of termination (or 5 weeks if the employee
is 45 years or older with 2 or more years continuous service) or payment in
lieu of notice.
In the event of voluntary redundancy, the period of
notice shall be on an agreed basis, but not exceeding 3 months, and there shall
be no payment in lieu of notice.
4. Redundancy
Benefit
Subject to the terms of this clause, employees
terminating by reason of redundancy will be paid a redundancy benefit on
termination of 4 weeks pay per year of continuous service (pro-rata for part
years) provided that:
the minimum benefit is 8 weeks
the maximum benefit is 104 weeks
The above minimum and maximum redundancy benefits do
not include any notice due or paid under 3 above.
These redundancy arrangements will come into effect from
the 14th December 2001, subject to the following conditions:
(a) Employees who
as of 1 October 2001 had attained 36 years or more continuous service who leave
the Company by cause of redundancy shall, in addition to the redundancy benefit
above, be paid an ex gratia redundancy benefit of 2.5 weeks at the employee’s
weekly ordinary time rate of pay for each year of service in excess of 36 years
(pro-rata for part years).
(b) Permanent
employee who as at 1 October 2001 had
at least 6 months but less than 9.3 years continuous service who leave the
Company by cause of redundancy shall be paid a redundancy benefit of 14 weeks
pay plus 2.5 weeks pay per year of service. This benefit will be lieu of the
redundancy benefit above.
(c) Where a
decision is made to effect redundancies, discussions will be held between the
Company and respective unions as to the selection of an appropriate
outplacement provider to assist terminating employees. Such assistance may include resume writing,
interview skills, job search and financial counselling. Should agreement not be reached, the
Company’s nominated provider/s will be utilised.
5. General
exclusions
(a) Nothing in
this clause shall be read as:
requiring the employer to extend a redundancy benefit
to an employee where the employer offers the employee acceptable alternative
employment (including alternative employment with rate retention arrangements
as elsewhere provided for under this award/agreement)
giving rise to an entitlement to a voluntary redundancy
benefit in the absence of a formal offer by the employer
(b) Redundancy
benefit will not be paid in event of:
termination due to succession, assignment or
transmission of business where the new employer offers the employee acceptable
alternative employment with continuity of service; or,
where the employer otherwise obtains an offer of
acceptable alternative employment for an employee.
29.
Retention of Rates
(i) Where after 11th November 2003, as a
result of the rationalisation of the Company's operations, the introduction of
technological change, changes in work practices or market change, an employee
is appointed to a classification or classifications which receive a lower
ordinary time rate of pay (including all purpose components e.g. leading hand allowance)
than did their classification immediately prior to the appointment or the first
appointment ("the previous classification"):
(a) The employee shall retain the ordinary
time rate of pay (sum of components) applicable to the previous classification,
subject to the following adjustments:
(b) in the first and second years after the
date of their appointment, all changes in the ordinary time rate of pay
applicable to the previous classification;
(c) in the third to the fifth years after
the date of appointment, half of any changes in the ordinary time rate of pay
applicable to the previous classification;
(d) thereafter, no further adjustments.
(ii) Where on 11th November 2003 an employee
is in receipt of retained rates:
(a) the components of the retained rate will
be converted to a total rate (sum of the components),
(b) an employees with less than 2 years on
retention will be administered as per (i) above (eg. If they have been on
retention for 1 year, they will have a further 1 year on full increases before
moving to half increases for years 3 to 5).
(c) Those already on retention for in excess
of 2 years will commence 3 years of half increases from 11th November 2003.
(iii) Provided that in (i) and (ii) when the
ordinary time rate of pay of the employee's new classification exceeds the
ordinary time rate of pay they then receive, they shall thereafter receive
payment of the ordinary time rate of pay applicable to their new
classification.
(iv) Employees accepting retention of rate do so on the
basis that they commit to undertaking training in their new classification
structure. Employees are expected to train to the limit of their ability under
the new classification structure. Should an employee elect not to retrain their
rate will be reduced to the rate applicable to their assessed level.
30. Definitions
(i) Day workers
are employees other than shift workers and include employees on night work
within clause 8, Night Work for Day Workers and Day Shift Workers.
(ii) Shift workers
are employees working on a one-, two- or three-shift system.
(iii) Monday-to-Saturday
shift workers are shift workers whose ordinary working hours are worked between
Monday and Saturday.
(iv) The method of working
shift work and the time of commencement and finishing each shift in any
department or section of a department may be varied by agreement between the
Company and the majority of employees in that department or section of the
department.
(v) Annual leave
rate of pay means -
(a) In the case of
-
1. annual leave
under clause 21, Annual Leave, and days added to the period of annual leave
under clause 22, Days Added to Annual Leave and Long Service Leave, taken by an
employee immediately before or after leave under the Annual Holidays Act
1944;
2. payment in
respect of annual leave or days added to the period of annual leave being made
to an employee under the said clauses 21 and 22 upon the termination of the
employment of an employee at the same time as payment is being made under the Annual
Holidays Act 1944 in respect of such termination, the ordinary pay of the
employee calculated in accordance with the said Act for the leave taken or
payment made under the Act.
(b) In the case of
annual leave under the said clause 21 and days added to the period of annual
leave under the said clause 22 being taken otherwise than immediately before or
after leave under the said Act, the ordinary pay of the employee calculated in
accordance with the said Act, as if such leave had been taken under the Act.
31. Time and Payment
of Wages
(i) All wages
shall be paid fortnightly by direct deposit into each employee's bank (or other
recognised financial institution) account.
(ii) The
provisions of subclause (i) of this clause shall not have application in
circumstances where it is not reasonably practicable for the Company to comply
with its obligations thereunder on account of causes for which it cannot
reasonably be held responsible. Proof of the existence of such circumstances
shall lie upon the Company. In such circumstances the Company shall pay wages
as soon as reasonably practicable for it to do so.
32. Union Delegates
(i) Recognition
The Company shall give recognition to an employee who
is the delegate representing the employees in a shop or department where they
are employed and they shall be allowed the necessary time, during working
hours, to interview the Company or its representative in case of a dispute
affecting the employees in their shop or department; provided that the Company
shall not be bound to give recognition as delegate to an employee in respect of
whom a written notification has been received from the union concerned that the
union does not recognise such employee as a delegate.
The Company shall, upon request, provide each
recognised delegate with a suitable locker for the purpose of storing relevant
union material at the workplace.
(ii) Training
(a) Recognised delegates may be granted up
to three (3) days per annum trade union training leaving without loss of
ordinary pay (excluding overtime). Such
leave may accrue to a maximum of five (5) days. Reasonable requests for additional days may be authorised by the Company
subject to meeting operational needs.
(b) The taking of such leave will be for the
purposes of attending formal trade union training courses.
(c) The unions will provide to the employer
reasonable notice in writing of the need for such training.
(d) As far as practicable, such leave should
be organised so as to minimise the need for the employer to replace the
delegate by the working of overtime and to allow the delegate to be released
within ordinary time. It is recognised
that the employer and delegates may need to demonstrate flexibility in the
rostering of shifts to allow this to occur.
(e) Where issues arise as to the application
of this clause, discussions will be held, consistent with local consultative
arrangements and the dispute settlement procedure under this Award, with a view
to resolving the issue prior to the commencement of the training.
33. Payroll Deduction of Union Dues
The Company 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/agreement.
34. Safety Glasses,
Hearing Protection, Hard Hats and Gloves
(i) The Company
shall supply and the employee shall wear safety glasses, hearing protection and
hard hats 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, ear muffs and hard hats for the purpose of protection.
(ii) All employees
shall be supplied with gloves, free of cost, where reasonably necessary.
35. 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, ear muffs,
gloves and other protective clothing, and tools, gauges, etc., the Company may
deduct from their final wages the reasonable value of the article.
36. Procedure for
Resolving Claims, Issues and Disputes
(i) Introduction
-
(a) The parties
intend that the level of direct action in the Company's operations,
particularly strikes, be greatly reduced in order to provide a basis for a
reduction of the ordinary weekly hours of work in the steel industry to 38 and
to minimise contraction of the industry's operations.
(b) Where change proposals
aimed at improved business performance are being discussed and where agreement
cannot be reached, alternatives which meet the objectives will be considered
and trailed to assess their effectiveness. Should agreement not be reached
after trailing and assessment, the pre-existing arrangement will be reinstated
and the matter progressed through this procedure.
(c) Subject to
paragraph (b) of this subclause, whilst other general claims, issues or
disputes are being resolved by this procedure, work will continue in accordance
with immediate past practice.
However, if this results in the creation of a safety
hazard or if the continued operation of major plant is threatened, then an
interim method or operation will be agreed on which does not have these
negative effects. Failing agreement, the supervisor's decision as to how work
will proceed will be implemented, in the knowledge that the decision will
require justification to the Grievance Committee.
Regardless of the arrangements under which work proceeds,
it will be without prejudice to the final resolution.
The Grievance Committee will consist of the
superintendent and/or supervisor; delegates as agreed and employee(s) involved;
the organiser, if required; the superintendent, Employee Relations and/or the
Manager, Operations
(d) Delegates will
accept their obligations as laid down by the Industrial Relations Commission of
New South Wales to do all in their power to ensure that work proceeds as
normal. In the absence of a delegate, representatives will undertake to accept
these obligations, or call in a delegate from another department.
(e) Where rank and
file meetings are held, appropriate management representatives will be invited
to personally address the meetings or, alternatively, have presented to the
meeting a written statement representing the Manager's position.
(f) Work group
issues and disputes will be discussed and resolved via the available
consultative procedure; broader or plant-wide issues will be referred to the
appropriate group, eg, delegates, sub-branch, etc., to allow resolution to be
achieved within the relevant work group or work groups in the first instance.
(ii) Procedure -
To enable claims, issues and disputes to be progressed while work proceeds
normally, the following procedure will apply:
(a) Step 1 - The
details of the dispute or claim will be presented to the supervisor.
If the supervisor's immediate response is unacceptable
or if there is a need to further investigate the situation or to refer it to a
senior officer, an Industrial Incident Report (I.I.R.) will be prepared, which
will include the employee's version of the dispute.
It will be the supervisor's obligation to provide a
response to the issue as soon as possible. If a response is not given by the
end of the supervisor's next ordinary shift they will give a progress report,
which will include an undertaking as to the time by which a response will be
given.
The response will be via the I.I.R. and will contain
the superintendent's and Manager's views where appropriate. If the delegate or
representative is not in receipt of a reply by the end of the next shift, or by
the agreed time, they will seek one from the supervisor. Note that a copy of
the I.I.R. will be sent to the Human Resources Department for their input.
If the Human Resources Department's comments or actions
are required, the I.I.R. is to be marked "Input Required".
(b) Step 2 - If
the response provided by way of the I.I.R. is not acceptable, the aggrieved
employee and/or delegate may seek discussion with the superintendent.
Alternatively, the appropriate Grievance Committee will be convened, with the
aim of resolving the dispute to the satisfaction of all of the parties. This
will be done by discussion or a series of discussions where all of the
circumstances can be reviewed by union and management representatives.
(c) Step 3 - If
resolution cannot be reached, then management and/or the unions will refer the
matter to the Industrial Relations Commission.
Fast Track to Contain Imminent Strike Action - Under
normal circumstances the above procedure will apply. However, if the delegate
judges that the feeling of the rank and file is such that an industrial action
is imminent, they will seek quick resolution by contacting in turn the union
official or sub-branch official; the superintendent, Employee Relations; or the
Operation superintendents/supervisors, or the Manager, Operations.
(iv) Review of
Procedure - In the event of the failure of the procedure to prevent stoppage of
work occurring, the Grievance Committee will be convened to examine the reasons
that the procedure failed as a prelude to the
discussion of the issue.
37. Enterprise
Arrangements and Award Changes
(i) Consideration
may be given to changes in award provisions and to the bringing into existence
of enterprise arrangements through the established consultative mechanisms at
the Company's works.
(iii) Enterprises
shall have a consultative mechanism and procedures appropriate to their size,
structure and needs for consultation and negotiation on matters affecting their
efficiency and productivity.
38. Performance Recognition Payment Scheme
The Performance
Recognition Payments Scheme appended (Appendix 1) to this Award is given
effect.
39. Supplementary Labour - Rates of Pay
Where supplementary
labour is engaged payment will be based on the appropriate classification rate
of pay otherwise payable to an employee under this Award.
In this clause,
"supplementary labour" is labour sourced through labour hire firms to
fill temporary vacancies or to top up the existing full time labour force (e.g.
to cover seasonal or peak work loads) but excludes labour engaged under service
contracts and other contractual arrangements (eg. maintenance contracts, capital
contracts, etc).
So as to remove
doubt, this clause is binding only on the Company, unions and employees party
to this Award and does not extend this Award to other employers or their
employees engaged as supplementary labour.
40. Transition Arrangements for Retiring Shift
Workers
The parties agree
to providing support in terms of shift, financial and lifestyle planning for
those employees who nominate their retirement in advance. These arrangements will be managed on an
individual basis. The aim of this
clause is to provide a smooth transfer from work into retirement for long
serving employees (typically having served on shift work greater than 10
years). Such transitions would not
normally exceed a period of 12 months and will be subject the capacity of the
business to reasonably accommodate the needs of the employee. For example, shift workers who nominate
their retirement date in advance the following could apply:
staged
moderation of duties;
lifestyle
planning / training; and/or,
movement to
day shift at the employee's request.
41. Flexible
Remuneration
(i) In this
clause, "Plan" means the terms under which flexible remuneration
benefits may be offered by the company at its absolute discretion from time to
time to employees by way of a sacrifice of wages payable under this award. Without limitation, the benefits may
include, for example, superannuation contributions and employee share plans.
(ii) Despite the
provisions of this award an employee may elect:
(a) to receive the
benefits of any Plan offered by the company; and
(b) to reduce
wages otherwise due under this award by the amount required under the plan for
the benefits received by the employee under the Plan.
(iii) Any election
by an employee under sub-clause (ii) must be in the form prescribed by the
Company from time to time.
(iv) Where an
employee has made an election under sub-clause (ii), the wages payable under
this award will be reduced by such amount as prescribed from time to time under
the relevant Plan.
(v) The reduced
wages and the contributions under the Plan will apply for periods of annual
leave, long service leave and other periods of paid leave.
(vi) The company or
an employee may only terminate or vary an election under sub-clause (ii) in accordance
with the terms applicable to the relevant Plan.
(vii) Other than as
already provided for under any Plan, the company at its discretion may
terminate the provision of benefits under a Plan or amend the terms applicable
to a Plan. The company will give one
month’s notice of such a termination or amendment.
(viii) The Company
shall not use any superannuation contribution made in accordance with an
employee’s election to meet its minimum employer obligation under the Superannuation
Guarantee (Administration) Act 1992 or any legislation which succeeds or
replaces it.
(ix) The provisions
of this clause have been agreed to by the parties with the intent of
facilitation flexible remuneration benefits for employees covered by this
award. To remove any doubt, this
clause is not intended to:
(a) provide
substantive industrial regulation of any benefit included in a Plan; and
(b) be used as a
precedent in relation to any claim for the industrial regulation of any benefit
included in a Plan, including, for example superannuation contributions and
employee share plans."
42. Parental Leave
The parental leave provisions set out in Division 1 of Part
4 of Chapter 2 of the Act shall apply in conjunction with the provision for
paid parental leave set out below.
1. Eligibility
(a) An employee
who has completed at least 12 months continuous service with the employer (on a
full-time or part-time basis) is entitled to paid parental leave in accordance
with this clause.
(b) A casual
employee is entitled to paid parental leave if they have worked for the
employer on a regular and systemic basis for more than 12 months and have a
reasonable expectation of on-going employment on that basis.
2. Entitlement
(a) An employee is
entitled to paid parental leave as follows:
(i) maternity
leave - six (6) weeks paid leave immediately after the child’s birth and, for
employees with at least 24 months continuous service, an additional six (6)
weeks.
(ii) paternity
leave - one (1) week paid leave around
the time of birth
(iii) adoption
leave - six (6) weeks paid leave at the time of placement if the employee is
the primary carer and, for employees with at least 24 months continuous
service, an additional six (6) weeks.
(b) Any period of paid
parental leave arising from this clause will be deducted from the period of
unpaid parental leave to which the employee is entitled arising from
legislation or industrial award.
(c) The
entitlement to parental leave is not extended for multiple births.
(d) Parental leave
is paid at the employee’s weekly ordinary time rate of pay for the period of
the leave (as per sick leave).
(e) Employees
taking maternity or adoption leave may elect to double the period of paid leave
arising from paragraph a) above to be paid at 50% of the employee’s weekly
ordinary time rate of pay. Provided
that this extended period of paid leave falls within the period of unpaid
parental leave to which the employee is entitled arising from legislation or
industrial award.
3. Giving notice
and applying for leave
(a) To be eligible
to claim paid parental leave, employees must comply with the requirements
regarding advice to the employer normally associated with the taking of unpaid
parental leave.
(b) To claim paid
paternity leave the employee must provide such reasonable proof as the employer
may require.
4. Impact of
paid parental leave on other entitlements
(a) Paid parental
leave shall be considered service for the purpose of service related
entitlements (unpaid leave is not counted for such purposes).
(b) The receipt of
paid parental leave does not otherwise limit the employee’s rights or
obligations with respect to unpaid parental leave arising from legislation or
industrial award.
5. Impact
legislative paid parental leave on these entitlements
Leave is reserved to the Company to review these
arrangements should the mooted national scheme of paid parental or maternity
leave be introduced.
43. Wage Support for
Extended Periods of Illness Or Injury
1. Purpose
These arrangements are designed to provide employees of
OneSteel with added financial security in the event of their being off work for
an extended period due to non-works illness or injury.
2. Underpinning
principles
(a) Employees may
reasonably expect continued financial support in the event of extended illness
or injury
(b) Employees are
expected to provide for their own security by accessing reasonable levels of
existing leave entitlements
(c) The extension
of financial support places obligations on the employee to cooperate with the
reasonable requests of their employer
(d) Fair &
equal treatment of all employees
(e) These
arrangements are not intended to support "casual" absences or benefit
employees with chronic poor attendance
3. Extended wage
support - non-works injury or illness
(a) Subject to the
provisions of this clause, employees will receive financial support at the
ordinary time rate of pay for the period of their incapacity, up to a maximum
of twelve (12) months, in the event of their being unable to attend work
continuously for greater than one (1) month due to personal illness or injury.
Provided further that where an employee is a shiftworker and would have
remained on shift but for their inability to attend work, such financial support
will include additional payment of the ordinary shift and weekend penalties
applicable to the employee’s roster.
(b) Employees will
be required to exhaust all available sick leave accruals before accessing the
support available under this clause.
Additionally, employees will be required to utilise:
any annual leave (including pro-rata accruals) in
excess of 4 weeks; and,
any long service leave (including pro-rata accruals) in
excess of 13 weeks
for a combined period of not more than 6 weeks before
accessing the support available under this clause.
(c) The period of
extended wage support referred in a) above is in addition to existing sick
leave entitlements and such annual leave or long service leave as may be taken
under paragraph b) above.
(d) Where the
employee is entitled to benefits arising from personal injury insurance (eg
motor vehicle CTP insurance, sporting injury insurance, etc), other than
workers compensation, the wage support otherwise extended under this clause
will be reduced by the amount of insurance benefit paid. Where such monies are paid by an insurer
substantially after the absence, the employee is required to repay such monies
to the employer. The employer may
require the employee to authorise the employer to claim such monies direct from
the insurer prior to receiving extended wage support.
(e) Should
circumstances arise where the employer believes that the conduct of the
employee is such that the continued extension of wage support would be at odds
with the principles outlined in 2. above, the employer may initiate a formal
review in which the employee, and their union should they wish, are given the
opportunity to respond to any allegations prior to the employer making a
decision as to continuance or cessation of wage support. Any disputes that arise from the exercise of
this facility will be progressed in accordance with the dispute settlement
procedure.
(f) Consideration
may be given to further wage support beyond the 12 months referred to under
paragraph a) above in circumstances where the agreed rehabilitation plan for
the employee and medical opinion indicate that an immanent return to normal
duties by the employee.
4. Obligations
of employees
(a) Employees are
required to provide all reasonable evidence requested by the employer as to the
nature of their illness or injury including making themselves available for
examination by medical practitioners/specialists nominated by the employer
(b) Employees are
required to actively participate in any reasonable rehabilitation or return to
work plan required by the employer
5. Exclusions -
The above arrangements will not extend to the following:
(a) Employees
engaged on a casual or fixed term basis
(b) Employees with
less than 3 months continuous service
(c) Absences
covered by workers compensation or arising from works related injury or illness
(d) Casual
absences or absences of short duration
(e) Injury or
illness arising from the unlawful actions of the employee
(f) Absences
which would otherwise be covered by carers leave
(g) Multiple
periods of extended absences beyond those totalling 12 months in any 3 year
period.
(h) Employees
enjoying similar support under discretionary sick leave arrangements
(i) Absences
resulting from alcohol, drug or substance abuse
(j) Absences
resulting from high risk sporting or recreational activities generally
precluded from personal accident insurance arrangements (such as competitive
motor sport, sky diving, etc).
6. Other matters
(a) Any disputes
arising from the operation of this clause will be progressed in accordance with
the dispute settlement procedures under the respective award/agreement.
(b) Nothing within
these arrangements is to be taken to preclude termination of employment where
the prognosis for the employee is that they will be unable to return to their
normal employment, subject to the employee being afforded reasonable extended
wage support so to allow them to resolve questions as to their financial security
post-termination.
44. Superannuation -
Choice of Fund
Employee and employer superannuation contributions will be
paid into either the OneSteel Superannuation Fund (OSSF) or the Superannuation
Trust of Australia (STA) at the direction of the employee. In the absence of an
election from the employee the contributions will be directed to the default
fund.
For the purposes of this clause the default fund will be:
for existing employees at 1 July 2005 the OSSF, and
for employees commencing employment with OneSteel after
1 July 2005 the STA.
45. No Extra Claims
Commitment
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.
Clauses (i) and (ii) do not limit the ability of the parties
to perform the process outlined in clause 9.5 of the Settlement.
46. Commitment to
Ongoing Business Improvement
It is acknowledged and agreed that the wages and conditions
enjoyed by OneSteel employees, including the gains flowing through this Award,
are only afforded by ongoing competitiveness in all areas of OneSteel’s
operations.
Employers, employees and unions party to this Settlement
commit to co-operatively and expeditiously pursuing workplace change necessary
for ensuring OneSteel meets its promise to customers and improving asset and
labour productivity during the life of this settlement. Such change will occur consistent with the
principles of fair treatment, consultation and competitive manufacturing.
It is agreed that these types of changes and flexibilities
underpin the wage increases provided for in the Settlement.
47. Area, Incidence
and Duration
(i) This Award
rescinds and replaces the OneSteel Wire Pty Ltd Newcastle Fence Post Plant
Award published 13 February 2004 (Vol 343 IG 266) as varied.
(ii) This Award
shall apply to employees of OneSteel Wire Pty Ltd employed in the
classifications set out in Table 1 - Wages, of Part B, Monetary Rates, at
the Company's Fence Post Plant which is located in Newcastle at the Newcastle
Wiremill.
(iii) This Award
shall apply to the employees covered by the Award to the exclusion of all other
awards.
(iv) This Award
shall take effect from the beginning of the first pay period to commence on or
after 1 September 2005 and shall expire on 31st August 2008 (the nominal term).
(v) Discussions
regarding a replacement settlement may commence 3 months prior to expiry
of this settlement.
PART B
MONETARY RATES
Table 1 - Wages (award margin plus basic wage)
Column A - to apply from the first full pay period commencing
on or after 1st September 2005.
Column B - to apply from the first full pay period
commencing on or after 1st March, 2006.
Column C - to apply from the first full pay period
commencing on or after 1st September, 2006.
Column D - to apply from the first full pay period
commencing on or after 1st September, 2007.
Classification
|
A
|
B
|
C
|
D
|
|
$
|
$
|
$
|
$
|
Entry
|
565.60
|
571.30
|
594.20
|
618.00
|
Plant Servicer
|
608.50
|
614.60
|
639.20
|
664.80
|
Operator 1
|
608.50
|
614.60
|
639.20
|
664.80
|
Operator 2
|
636.20
|
642.60
|
668.30
|
695.00
|
Team Leader
|
688.30
|
695.20
|
723.00
|
751.90
|
Table 2 - Other Rates and Allowances
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.
Item
|
Clause
|
Brief Description
|
A
|
B
|
C
|
D
|
No.
|
No.
|
|
$
|
$
|
$
|
$
|
1
|
2(ii)
|
Juniors lifting
weights 18 kgs or over
|
0.83
|
|
0.85
|
0.88
|
2
|
3
|
Leading Hands -
If in charge of not
|
22.20
|
22.40
|
23.30
|
24.20
|
|
|
more than 5
employees
|
|
|
|
|
|
|
If in charge or
more than 5 but
|
33.10
|
33.40
|
34.70
|
36.10
|
|
|
not more than 15
employees
|
|
|
|
|
|
|
If in charge of
more than 15
|
46.50
|
47.00
|
48.90
|
50.90
|
|
|
employees
|
|
|
|
|
3
|
6(i)(a)
|
Shift work
allowances for shift
|
67.20
|
67.90
|
70.60
|
73.40
|
|
|
workers -
Rotating shifts
|
|
|
|
|
|
|
When working at least
one- third
|
44.80
|
45.20
|
47.00
|
48.90
|
|
|
of working time
in the full cycle
|
|
|
|
|
|
|
of the roster is
not on day shift
|
|
|
|
|
4
|
(6)(i)(b)
|
Working shift
work which involves
|
67.20
|
67.90
|
70.60
|
73.40
|
|
|
regular weekly
changes -
|
|
|
|
|
|
|
Day shift, night
shift
|
|
|
|
|
|
|
Day shift,
afternoon shift
|
57.20
|
57.80
|
60.10
|
62.50
|
|
|
Day shift, day
shift, afternoon shift
|
57.20
|
57.80
|
60.10
|
62.50
|
|
|
Day shift, day shift,
night shift
|
57.20
|
57.80
|
60.10
|
62.50
|
|
|
Junior shift
workers when working
|
67.20
|
67.90
|
70.60
|
73.40
|
|
|
under any of the
shift systems
|
|
|
|
|
|
|
set out above
|
|
|
|
|
5
|
6(i)(c)
|
Working shift systems
- Night shift,
|
89.40
|
90.30
|
93.90
|
97.70
|
|
|
afternoon shift
|
|
|
|
|
|
|
Night shift only
|
89.40
|
90.30
|
93.90
|
97.70
|
|
|
Afternoon shift
only
|
89.40
|
90.30
|
93.90
|
97.70
|
6
|
6(i)(d)
|
Work on any afternoon
or night
|
27.00
|
27.30
|
28.40
|
29.50
|
|
|
shift other than
the shift systems
|
|
|
|
|
|
|
in Items 3, 4 and
5 and are not
|
|
|
|
|
|
|
paid in respect
of any day shift
|
|
|
|
|
7
|
11(iii)(c) (2)
|
Meal allowance - overtime
|
9.70
|
|
Cpi
|
Cpi
|
|
11(iii)(f) (2)
|
Meal allowance -
recalled to work
|
9.70
|
|
Cpi
|
Cpi
|
APPENDIX 1
Onesteel Wire Pty
Ltd - Newcastle Wiremill & Fence Post Plant Performance Recognition
Payments Scheme
1. Nature of
Agreement and Parties to the Agreement -
This agreement between OneSteel Wire, Newcastle
Wiremill and Fence Post Plant and the unions listed below ("the
parties") provides for a system of quarterly business performance
improvement recognition payments to employees.
The unions party to this agreement are:
The Australian Workers Union, New South Wales
The Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch
The Electrical Trades Union of Australia, New South
Wales Branch, and
The New South Wales Plumbers and Gasfitters Employees'
Union.
2. Purpose of
the Agreement
The parties acknowledge that Newcastle Wiremill and
Newcastle Fence Post Plant can become and remain competitive and existing benefits
can be maintained and additional payments justified and financially supported
only through constantly improving business performance.
Therefore, it is the purpose of this agreement to:
Assist in achieving the critical business plan
objectives. To this end, the parties commit themselves to co-operating in
measures to achieve lower operating costs, improved quality, improved delivery
performance and increased productivity, all of which will contribute to
improved business performance and job security. Recognise the contribution of
employees to improved performance as this occurs.
3. Required
Actions
Actions which the parties agree are required to achieve
the purpose of the agreement and which they will co-operate to implement
include, but are not limited to:
ongoing review of work organisation to maximise
flexibility, efficiency and continuity of operations;
training to meet business and personal needs;
participate and co-operate in improvement activities;
adopt a team approach to work;
utilise skills held as required;
maintain strict adherence to the Dispute Settling
Procedure;
use of contractors to improve business performance;
selection and redeployment based primarily on skill,
preparedness to train, competence and performance.
4. Principles of
the Scheme
The terms of this Scheme are:
In addition to other payments, there shall be a
quarterly performance recognition payment directly related to business
performance improvements as indicated by the performance against set targets.
The performance measures operating will continue to be
departmentally based and focused on specific improvement targets identified in
the Business Plan for each Department. The specific measures and the targets
will be reviewed at least annually following completion of the site Business
Plan for each financial year, but may be reviewed more often if circumstances
dictate such a need.
Each Department will undertake regular communication
with employees and display and regularly update written reports/charts on
departmental scoreboards regarding performance of the measure(s) against the
targets set.
Payments under the scheme will be made at the end of
each quarter, based on individual Department's performance outcome against the
targets and will be calculated as a percentage of each eligible employee's
gross earnings for the quarter.
For the purpose of calculating payments under this
scheme, gross earnings shall be defined as award rates, bonus, overtime payments,
shift allowances and payments for periods of leave in that quarter.
Payments of up to 4.5% of quarterly gross earnings will
be made for attainment of reasonably achievable performance targets; these
payments can reach 5.5% in any quarter for achievement of exceptional levels of
performance.
There shall be provision for a "top up"
payment, to the 4.5% reasonably achievable level, in the final quarter of each
year should the payments made for the individual quarters not reflect the full
year's performance.
In the event of a catastrophe (such as a major fire)
which occurs after targets have been set for a quarter, there will be a review
of the targets so they remain reasonably achievable, notwithstanding the
effects of the catastrophe.
5. Eligibility
for Payment-
Quarterly payments will be made to employees of
OneSteel Wire Pty Ltd, Newcastle Wirewill and Fence Post Plant in full-time
employment on the Company's payroll at the end of each payment quarter and
Supplementary Labour (as defined in clause 42 of the Wiremill Award and clause
39 of the Fence Post Plant Award) who are engaged for a full PRPS payment
quarter as defined. Participation in the end of year "top up"
arrangement, should it be necessary, will apply to those employees on the
Company's payroll at the end of the period of operation of each set of measures
and targets applying under the agreement.
In addition, full-time employees who leave during a
business quarter, other than those dismissed, will be eligible to participate
in the scheme for that quarter on a pro rata basis.
Only those employees who leave during the final quarter
of each year of this agreement will be eligible to participate in the "top
up" payment for that year. Employees shall not have included in their
gross earnings, payments in respect of absences on workers' compensation when
not in receipt of accident pay, termination payments and performance
recognition payments paid during the quarter but related to a previous quarter.
6. Consultation
and Review Mechanism
The operation of the Performance Recognition Payment
Scheme, its performance measures and associated payments, will be monitored and
reviewed by the Joint Consultative Committee. The purpose of this review shall
be to:
assess the extent to which the agreement is achieving
its objectives;
and identify problems and develop, recommend and
implement (where possible) corrective actions.
Issues arising associated with the introduction or
operation of this Performance Recognition Payment Scheme will be progressed to
conclusion in an orderly manner in accordance with the agreed dispute settling
procedure.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.