(1592)

SERIAL C4010

Bluescope Steel Limited - Springhill and CRM Employees Award 2006

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by BlueScope Steel Ltd.

(Nos. IRC 6748 & 6479 of 2005)

Before The Honourable Justice Walton, Vice-President

13 January 2006

AWARD

PART A - GENERAL CONDITIONS

DIVISION 1 - APPLICATION AND OPERATION OF AWARD

1. Award Title

This award is entitled BlueScope Steel Limited ‑ Springhill and CRM Employees Award 2006.

2. Arrangement

PART A - GENERAL CONDITIONS

DIVISION 1 - APPLICATION AND OPERATION OF AWARD

1. Award Title

2. Arrangement

3. Area, Incidence and Duration

4. Definitions

5. No Extra Claims

DIVISION 2 - RATES OF PAY AND RELATED MATTERS

6. Rates of Pay

7. Superannuation

8. Special Rates (all purpose)

9. Disability Rates

10. Maximum Payment

11. Retention of Rate

12. Time and Payment of Wages

DIVISION 3 - HOURS OF WORK

13. Hours of Duty

14. Employees Presenting Themselves for Work and Not Required

DIVISION 4 - SHIFT WORK AND OVERTIME

15. Shift Work Allowances for Shift Workers

16. Saturday Rates for Shift Workers

17. Shift Workers Whose Ordinary Working Period Includes Sundays And Public Holidays as Ordinary Working Days

18. Sunday and Public Holiday Rates

19. Night Work for Day Workers and Day Shift Workers

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

21. Transfer of Shift Workers

22. Overtime

DIVISION 5 - TYPES OF LEAVE AND PUBLIC HOLIDAYS

23. Public Holidays

24. Sick Leave

25. Personal/Carer’s Leave

26. Annual Leave

27. Days Added to The Period of Annual Leave or Long Service Leave

28. Long Service Leave

29. Jury Service

30. Compassionate Leave

31. Parental Leave

DIVISION 6 - EMPLOYMENT RELATIONSHIP

32. Contract of Employment

33. Requirements to Work in Accordance with the Needs of the Industry

34. Termination of Employment Due to Retrenchment or Redundancy

35. Anti-Discrimination

36. Procedure for Resolving Claims, Issues and Disputes

37. Regulation of Disturbances to Production and Supply

DIVISION 7 - MISCELLANEOUS

38. Delegates

39. Payroll Deduction of Union Membership Fees

40. Apprentices

41. Travelling Time and Fares

42. Department Work Redesign Agreements

PART B - AGREEMENTS

DIVISION 1 - GENERAL AGREEMENTS

43. Payment for Training

44. Lump Sum Payment Scheme

DIVISION 2 - WORK REDESIGN AGREEMENTS

45. Metal Coating Lines

46. Maintenance

PART C - MONETARY RATES - RESTRUCTURED CLASSIFICATIONS

Table 1: Restructured Ironworker Rates of Pay

Table 2: Graded Trades Rates of Pay

Table 3: Apprentices

Table 4: Annualised Salary Rates of Pay

Table 5: Other Rates and Allowances

PART D - APPENDIX - UNRESTRUCTURED CLASSIFICATIONS

A. Application

B. Leading Hands

C Mixed Functions

D. Tool Allowance

E. Rates of Pay - Unrestructured Classifications

PART E - SCHEDULE

SCHEDULE 1 - PROCEDURE TO MEET URGENT CUSTOMER NEEDS

3. Area, Incidence and Duration

3.1 Awards Rescinded and Replaced - This award rescinds and replaces the BlueScope Steel Limited - Springhill and CRM Employees Award 2004, published 18 March 2005 (349 IG 293)

3.2 Application - This award applies to all employees (including apprentices within clause 40, Apprentices) of BlueScope Steel Limited at Port Kembla employed in classifications contained in this Award.

3.3 Parties to this Award - The parties to this award are:

3.3.1 BlueScope Steel Limited at Port Kembla;

3.3.2 The Australian Workers' Union, New South Wales;

3.3.3 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch; and

3.3.4 Electrical Trades Union of Australia, New South Wales Branch.

3.4 Effective Date - This award takes effect on and from the first pay period beginning on or after 28 February 2006 and remains in force for a period of 3 years (the nominal term).

4. Definitions

In this award the following definitions apply:

4.1 "Day Workers" are employees excluding Shift Workers, but including employees on night work within clause 19, Night Work for Day Workers and Day Shift Workers, of this award.

4.2 "Shift Workers" are employees working on a two or three shift system, or a one shift system whose ordinary hours include weekend shifts. For Shift Workers, each day, including Sunday and Public Holidays is considered as being the day on which the majority of the shift falls.

4.3 "Monday to Saturday Shift Workers" means Shift Workers whose ordinary working hours are between Monday to Saturday.

4.4 "Annual Leave Rate of Pay" means:

4.4.1 In the case of:

(a) annual leave under clause 26, Annual Leave, of this award and clause 27, Days Added to the Period of Annual Leave or Long Service Leave, of this award taken by an employee immediately before or after leave under the Annual Holidays Act 1944 (NSW); or

(b) payment in respect of annual leave or days added to the period of annual leave being made to employees under clauses 26 and 27 of this award upon the termination of the employment of an employee at the same time as payment is being made under the Annual Holidays Act 1944 (NSW), in respect of such termination, the ordinary pay of the employee is calculated in accordance with the Annual Holidays Act 1944 (NSW), for the leave taken or payments made under that Act.

4.4.2 In the case of annual leave under clause 26 of this award and days added to the period of annual leave under clause 27 of this award being taken otherwise than immediately before or after leave under the Annual Holidays Act 1944 (NSW), the ordinary pay of the employee is calculated in accordance with the Annual Holidays Act 1944 (NSW), as if such leave had been taken under the Act.

4.5 "Company" means BlueScope Steel Limited.

5. No Extra Claims

5.1 General - It is a term of this award that the unions (with whom this award is made) undertake, for the period until the nominal expiry term of the Award not to raise any further claims, award or overaward, including claims arising from national or state wage cases. There will be agreed scope to arbitrate, if necessary, unresolved issues about classification restructuring or work value claims.

5.2 Leave Reserved - Leave is reserved to apply in respect of:

(a) hours of work;

(b) the addition of annualised salary agreements to Division 2 - Work Redesign Agreements, of Part B - Agreements; and

DIVISION 2 - RATES OF PAY AND RELATED MATTERS

6. Rates of Pay

6.1 Rates of Pay - The minimum rates of pay for any classification, subject to the other provisions of this award, are set out in Table 1 - Restructured Ironworker Rates of Pay, Table 2 - Graded Trades Rates of Pay, Table 3 - Apprentices and Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications, and Part D - Appendix - Unrestructured Classifications of this award. These rates are inclusive of the adult basic wage of $121.40.

6.2 Restructured Rates of Pay - The classifications appearing in Part C - Monetary Rates - Restructured Classifications of this award are new classifications which have been established as a result of restructuring processes carried out in the departments and sections of Springhill and CRM at Port Kembla in which the new classifications appear.

6.3 Mixed Functions - Clause C, Mixed Functions, appearing in Part D - Appendix - Unrestructured Classifications of this award has no application in relation to employees employed in classifications appearing in Part C - Monetary Rates - Restructured Classifications of this award.

6.4 Leading Hands - Clause B, Leading Hands, appearing in Part D - Appendix - Unrestructured Classifications of this award has no application in relation to employees employed in classifications appearing in Part C - Monetary Rates - Restructured Classifications of this award.

6.5 Retention of Rate - Clause 11, Retention of Rate, of this award has no application to the classifications appearing in Table 2 - Graded Trades Rates of Pay of Part C - Monetary Rates - Restructured Classifications of this award.

6.6 Ordinary Rate - In addition to the award rate of pay prescribed for the purpose of subclause 6.1, an employee will be paid the applicable over award or bonus for the employee's classification to make up the employee's ordinary or weekly rate of pay.

6.7 The base rates of pay and allowances provided for in Parts C and D of this award will be increased by:

4.5% effective from the first full pay period on or after 18 March 2006; and

a further 4.0% effective from the first full pay period on or after 18 March 2007; and

a further 2.0% effective from the first full pay period on or after 18 March 2008; and

a further 2.0% effective from the first full pay period on or after 18 September 2008

with the exception of the overtime meal allowance.

7. Superannuation

7.1 Superannuation Legislation

The subject of superannuation is dealt with exhaustively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints) Act 1993 (Cth), and section 124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. Subject to this legislation, superannuation is also dealt with by the trust deed and rules of the BlueScope Steel Superannuation Fund and the Superannuation Trust of Australia and relevant agreements made from time to time between the Company and the unions party to this award, including the BHP Steel - Superannuation Review dated 25 October 1995.

7.2 Salary Sacrifice

7.2.1 Despite any other provisions of this award, for the purpose of calculating ordinary time earnings, the rate of pay per week prescribed for the purpose of clause 6, Rates of Pay, of this award is reduced by the amount which an employee elects by notice in writing to the Company to sacrifice in order to enable the Company to make a superannuation contribution for the benefit of the employee.

7.2.2 Election Form - For an employee’s election to be valid the employee must complete an election form provided by the Company.

7.2.3 Leave - The reduced rate of pay and the superannuation contributions provided for in this subclause apply for periods of annual leave, long service leave, and other periods of paid leave.

7.2.4 Calculation of other payments - All other award payments, including termination payments, calculated by reference to the employee’s rate of pay will be calculated by reference to the rate of pay per week prescribed for the employee for the purpose of clause 6, Rates of Pay, of this award.

7.2.5 Revoking Election - Unless otherwise agreed by the Company, an employee may only revoke or vary his or her election once in each twelve months. Not less than one month's written notice will be given by an employee of revocation or variation of the employee’s election.

7.2.6 Termination of Scheme - If at any time while an employee’s election is in force, there are changes in taxation or superannuation laws, practice or rulings, that materially alter the benefit to the employee or the cost to the Company of acting in accordance with the election, either the employee or the Company may, upon one month's notice in writing to the other, terminate the election.

7.2.7 Superannuation Guarantee - The Company will 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 (Cth) or any legislation which succeeds or replaces it.

8. Special Rates (All Purpose)

In addition to the rates of pay prescribed for the purposes of clause 6, Rates of Pay, the following special rates will apply:

8.1 Electrical Trades Licences - An additional amount as set out in Item 1 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications, will be paid per 38-hour week to an employee employed and working as an electrical tradesperson possessing a Qualified Supervisor's Certificate (Electrician) or a Certificate of Registration (Electrician) issued by the appropriate authority.

8.2 Scaffolder’s Licence - An additional amount as set out in Item 2 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications, will be paid per 38-hour week to a rigger and/or roper and/or splicer who holds a Certificate of Competency as a rigger under the Occupational Heath and Safety Regulation 2001 (NSW) and who possesses and uses a Certificate of Competency as a scaffolder under the Act. These allowances are not cumulative.

8.3 All Purposes - The allowances arising from this clause are paid for all purposes of the award, except where otherwise prescribed.

9. Disability Rates

In addition to the rates of pay prescribed for the purposes of clause 6, Rates of Pay, the following special rates will apply:

9.1 General

9.1.1 Hot Places - Electrical and mechanical tradespersons and maintenance non-trades employees working for more than one hour in the shade in places where the temperature is raised by artificial means to between 46 degrees Celsius and 54 degrees Celsius will be paid an allowance per hour extra as set out in Item 3 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications. This is subject to the following:

(a) in places where the temperature exceeds 54 degrees Celsius employees will be paid per hour extra as set out in Item 3;

(b) where work continues for more than two hours in a temperature exceeding 54 degrees Celsius employees will also be entitled to twenty minutes rest after every two hours' work without deduction of pay;

(c) the temperature will be decided by the supervisor of the work after consultation with the employees who claim the extra rate.

9.1.2 Wet Work - Employees working in any place where his or her clothing or boots become saturated, whether by water, oil or otherwise, will be paid an amount per hour extra as set out in Item 4 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications.

9.1.3 Dirty Work - Electrical and mechanical tradespersons and maintenance non-trades employees engaged in work which a supervisor and employee agree is of an unusually dirty or offensive nature will be paid per hour extra as set out in Item 5 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications.

In the case of disagreement between the supervisor and employee, the dispute settling procedure prescribed in clause 36 of this award, will be followed.

9.1.4 Restrictive Spaces - Electrical and mechanical tradespersons and maintenance non-trade employees working in restrictive spaces (as defined) will be paid per hour extra as set out in Item 6 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications.

(a) For the purpose of this clause, "restrictive space" means a compartment, space or place the dimensions of which necessitate an employee working in a stooped or cramped position or without proper ventilation. This includes:

(i) in the case of a locomotive - inside the barrels of boilers, fire boxes, water spaces of tenders, side tanks, bunker tanks, saddle tanks and smoke boxes;

(ii) in the other cases - inside boilers, steam drums, mud drums, furnaces, flues, combustion chambers, receivers, buoys, tanks, superheaters, or economisers.

9.1.5 High Places - Electrical tradespersons working in any building or structure in a bosun’s chair or swinging scaffold, or engaged in the construction, erection, repair and/or maintenance of ships, steel frame buildings, bridges, gasometers or other structures at a height of 15 metres or more directly above the nearest horizontal plain will be paid an amount per hour extra as set out in Item 7 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications.

9.1.6 Explosive-Powered Tools - Electrical and mechanical tradespersons and maintenance non-trade employees required to use explosive-powered tools will be paid per hour extra the amount as set out in Item 8 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications, with a minimum payment as set out in this award (subject to the minimum payments set out in Item 8).

9.1.7 Toxic Substances

(a) Electrical tradespersons required to use toxic substances will be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards, which must be observed in the use of such materials;

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

(c) Electrical tradespersons using toxic substances or materials of a like nature, where such substances or materials are used in quantities of 0.5 kg or over, will be paid an amount per hour extra as set out in Item 9 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications;

(d) Electrical tradespersons working in close proximity to employees so as to be affected by the use of such substances or materials will be paid an amount per hour extra as set out in Item 10 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications;

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

9.2 Rates Not Subject to Penalty Additions - The disability rates prescribed in this clause will be paid irrespective of the times at which the work is performed and are not to be subject to any premium or penalty additions.

9.3 Special Rates Not Cumulative - Where an employee is entitled to more than one of the extra rates for disabilities which exist on the same job, the employer is bound to pay only the highest rate. This subclause does not apply to subclauses, 9.1.1 Hot Places, 9.1.3, Dirty Work, or 9.1.4 Restrictive Spaces, the rates for which are cumulative.

9.4 Tools

9.4.1 The rates of pay for tradesperson classifications and apprentices appearing in Table 2 - Graded Trades Rates of Pay and Table 3 - Apprentices of Part C - Monetary Rates - Restructured Classifications are inclusive of tool allowances for such tradespersons. Clause D, Tool Allowance, appearing in Part D - Appendix - Unrestructured Classifications of this award has no application in relation to employees employed in tradesperson classifications appearing in Table 2 - Graded Trades Rates of Pay of Part C - Monetary Rates - Restructured Classifications;

9.4.2 The Company will provide for the use of tradespersons all necessary power tools, special purpose tools, precision measuring instruments and, for sheet metal workers, snips used in the cutting of stainless steel, monel metal and similar hard metals.

9.4.3 Where it was the practice as at 5 November 1979 for the Company to provide all tools ordinarily required by tradespersons in the performance of their work, the Company may continue that practice and, in that event, the allowance prescribed in Clause D, Tool Allowance, of Part D - Appendix - Unrestructured Classifications does not apply to such tradespersons.

9.4.4 Tradespeople will replace or pay for any tools supplied by the Company if lost through their negligence.

10. Maximum Payment

10.1 Shift allowances and special rates are not subject to any premium or penalty additions.

10.2 All rates prescribed by this award must not exceed double the rate prescribed by clause 6, Rates of Pay, or clause 8, Special Rates (All Purpose), of this award, or the corresponding clauses of a federal award. This subclause does not apply to any excess due to payments arising from clause 9, Disability Rates, clause 15, Shift Work Allowances for Shift Workers, or clause 18, Sunday and Public Holiday Rates (in respect of work done on Public Holidays) of this award or the corresponding clause of a federal award.

11. Retention of Rate

11.1 Retention of Total Rate - Appointments on or after 29 May 2001

11.1.1 Organisational Change ‑ An employee who is appointed on or after 29 May 2001 to a classification which receives a lower total rate of pay than the classification held immediately prior to the appointment, due to the rationalisation of the Company's operations, the introduction of technological change, or changes in work practices, is subject to the following arrangements:

(a) Two or more years service ‑ An employee with two or more years' continuous service with the Company will retain the total rate of pay applicable to the previous classification. The following adjustments apply:

(i) In the first and second years after the date of appointment, all changes in the total rate of pay applicable to the previous classification.

(ii) In the third year after the date of appointment, half of any changes in the total rate of pay applicable to the previous classification.

(iii) No further adjustments are applicable in subsequent years.

(b) Less than two years service ‑ An employee with less than two years' continuous service with the Company, will retain the total rate of pay applicable to the previous classification. The following adjustments apply:

(i) In the first year after the date of appointment, half of any changes in the total rate of pay applicable to the previous classification.

(ii) No further adjustments are applicable in subsequent years.

(c) When the total rate of pay of the employee's new classification exceeds the total rate of pay of the previous classification as adjusted under (a) or (b) above, the employee will subsequently receive the total rate of pay of the new classification.

11.1.2 Market Change ‑ An employee who is appointed on or after 29 May 2001 to a classification which receives a lower total rate of pay than the classification held immediately prior to the appointment, due to the market changes affecting the Company's operations is subject to the following arrangements:

(a) An employee with two or more years' continuous service with the Company will retain the total rate of pay applicable to the previous classification. The following adjustments apply:

(i) In the first year after the date of appointment, all changes in the total rate of pay applicable to the previous classification.

(ii) In the second year after the date of appointment, half of any changes in the total rate of pay applicable to the previous classification.

(iii) No further adjustments are applicable in subsequent years.

(b) When the total rate of pay of the employee's new classification exceeds the total rate of pay of the previous classification as adjusted under (a) above, the employee will subsequently receive the total rate of pay of the new classification.

11.1.3 Definition of Total Rate of Pay ‑ The "total rate of pay" is calculated by adding the award rate of pay applicable under this award, and the appropriate overaward or bonus payment. The total rate of pay excludes all allowances and penalty rates.

An exception to this is the leading hand allowance. Inclusion of the leading hand allowance into the total rate of pay only applies if an employee has been receiving the allowance for greater than 6 months, but ceases to be entitled to that allowance for reasons outlined in 11.1.1 and 11.1.2 above.

11.2 Retention of Rate - Appointments Prior to 29 May 2001

11.2.1 Where, as a result of the rationalisation of the Company's operations, the introduction of technological change, or changes in work practices, an employee is appointed prior to 29 May 2001 to a classification or classifications which receive lower earnings from the award rate of pay or bonus (or both) than did his or her classification immediately prior to the appointment or the first appointment ("the previous classification"):

(a) If the employee has two or more years' continuous service with the Company, he or she shall retain the award rate of pay or bonus (or both) applicable to the previous classification subject to the following adjustments:

(i) in the first and second years after the date of an employee's appointment, all changes in the award rate of pay or bonus applicable to the previous classification;

(ii) in the third year after the date of appointment, half of any changes in the award rate of pay or bonus applicable to the previous classification;

(iii) thereafter, no further adjustments.

Provided that when the award rate of pay or bonus of the employee's new classification exceeds the award rate of pay or bonus he or she then receives, he or she shall thereafter receive payment of the award rate of pay or bonus (or both), as the case may be, according to his or her new classification.

(b) If the employee has less than two years' continuous service with the Company he or she shall retain the award rate of pay or bonus (or both) applicable to the previous classification subject to the following adjustments:

(i) in the first year after the date of appointment half of all changes in the award rate of pay or bonus applicable to the previous classification;

(ii) thereafter, no further adjustments.

11.2.2 Where, as a result of a market change affecting the Company's operations an employee is appointed prior to 29 May 2001 to a classification or classifications which receive lower earnings from the award rate of pay or bonus (or both) than did his or her classification immediately prior to the appointment or the first appointment ("the previous classification"), if the employee has two or more years' continuous service with the Company he or she shall retain the award rate of pay or bonus (or both) applicable to the previous classification subject to the following adjustments:

(a) In the first year after the date of his or her appointment, all changes in the award rate of pay or bonus applicable to the previous classification.

(b) In the second year after the date of his or her appointment, half of any changes in the award rate of pay or bonus applicable to the previous classification.

11.2.3 Where an employee, as a result of the circumstances specified in paragraphs 11.2.1 and 11.2.2 hereof, ceases to be entitled to a leading hand allowance, he or she shall (provided he or she had been receiving such leading hand allowance throughout the six months immediately proceeding such cessation of his or her entitlement thereto), retain the leading hand allowance to which he or she was entitled immediately proceeding such cessation of his or her entitlement subject to the same qualifications and adjustments as are specified in paragraphs 11.2.1 or 11.2.2 hereof in relation to the award rate of pay and bonus in the circumstances which result in the employee ceasing to be entitled to such leading hand allowance.

11.3 Agreement to Buy-out

There is scope for the Company and an employee and his or her union to agree to a one-off payment to buy-out entitlements under subclauses 11.1 or 11.2.

11.4 Definition of Award Rate of Pay

In this clause 11 "award rate of pay" means the applicable:

rate of pay per 38-hour week set out in Table 1 - Restructured Ironworker Rates of Pay or Table 2 - Graded Trades Rates of Pay (excluding tool allowance) of Part C - Monetary Rates - Restructured Classifications, of this award; or

base rate or base salary set out in Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications, of this award; or

rate of pay per 38-hour week set out in Part D - Appendix - Unrestructured Classifications, of this award.

The award rate of pay excludes all allowances and penalty rates.

12. Time and Payment of Wages

12.1 All wages will be paid fortnightly by electronic funds transfer directly into an account nominated by the employee with a bank, building society, credit union or other financial institution recognised by the Company.

12.2 Each pay period will commence at 7.20 am on Sunday.

12.3 Any variation of this award expressed to operate from the beginning of a pay period will operate as if each fortnightly pay period comprises two separate weekly pay periods.

DIVISION 3 - HOURS OF WORK

13. Hours of Duty

13.1 Full-time Employees - Ordinary working hours will be an average of 38 hours per week over the full cycle of the relevant work roster. Ordinary working hours will not exceed:

13.1.1 Eight hours during any consecutive 24 hours, or up to twelve hours during any consecutive 24 hours where there is agreement between the Company and the majority of employees concerned in the relevant work area; or

13.1.2 152 hours 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.

13.2 Day Workers

13.2.1 Ordinary working hours will be worked Monday to Friday, inclusive, between the hours of 6.30 am and 6.30 pm each day.

13.2.2 On each day worked, Monday to Friday, inclusive, not less than 30 minutes nor more than 45 minutes will be allowed to Day Workers for a meal and, except in the case of urgent breakdown work necessary to secure an immediate resumption of operations, will be allowed between the hours of 11.30 am and 1.20 pm.

13.3 Shift Workers

13.3.1 Twenty minutes will be allowed to Shift Workers each shift for crib, which will be counted as time worked.

13.3.2 In the case of 12-hour shift systems, two 20-minute crib breaks will be taken approximately four hours apart. Each crib break will be taken in accordance with the needs of the operation and will be counted as time worked.

14. Employees Presenting Themselves for Work and Not Required

Subject to the provisions of clause 32, Contract of Employment, of this award, an employee who presents themself for ordinary work without notice that he or she will not be required will be paid at least four hours' pay.

DIVISION 4 - SHIFT WORK AND OVERTIME

15. Shift Work Allowances for Shift Workers

15.1 Shift Allowances - Subject to the provisions contained in this award which provide otherwise, Shift Workers will be paid, in addition to the rates payable under this award, the following shift work allowances:

15.1.1 Shift Workers whilst working rotating shifts (day shift, night shift, afternoon shift), with regular weekly changes - at the applicable rate per 38-hour week as set out in Item 11 of Table 5 - Other Rates and Allowances of Part C - Monetary Rates - Restructured Classifications of this award in respect of all shifts worked.

Exceptions to this are that:

(a) each such rotating Shift Worker, when engaged under a roster system which does not provide for at least one-third of his or her working time in the full cycle of the roster being on day shift, will be paid an additional shift allowance at the rate per 38-hour week as set out in Item 12 of Table 5 - Other Rates and Allowances, of Part C - Monetary Rates - Restructured Classifications in respect of each of any number of afternoon and/or night shifts more than two-thirds of his or her working time in the roster worked by the employee;

(b) working time on day shift will, 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.

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

(a) day shift, night shift;

(b) day shift, afternoon shift;

(d) day shift, day shift, night shift;

will be paid the applicable amount per 38-hour week as set out in Item 13 of Table 5 - Other Rates and Allowances of Part C - Monetary Rates - Restructured Classifications of this award.

15.1.3 Shift Workers whilst working shift work on shift systems as follows:

(a) night shift, afternoon shift;

(b) night shift only;

will be paid the applicable amount per 38-hour week as set out in Item 14 of Table 5 - Other Rates and Allowances of Part C - Monetary Rates - Restructured Classifications of this award.

15.1.4 Shift Workers who work any afternoon or night shift other than under the shift systems set out in paragraphs 15.1.1, 15.1.2 and 15.1.3 of this subclause, and are not paid in respect of any day shift worked, will be paid at the applicable amount per shift for each afternoon or night shift worked as set out in Item 15 of Table 5 - Other Rates and Allowances of Part C - Monetary Rates - Restructured Classifications of this award.

15.1.5 Each shift allowance prescribed above is on a shift basis the rate being determined in each case by dividing the shift allowance prescribed by five.

15.2 Definition - In this clause "night shift" means any shift finishing after 12.00 am and at or before 8.00 am.

16. Saturday Rates for Shift Workers

Shift Workers who have an ordinary shift rostered on a Saturday, will be paid at the rate of time and one-half.

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

Employees may be required to work seven day shift work to meet the needs of the business. These employees will be required to work Sundays and Public Holidays as ordinary working days.

18. Sunday and Public Holiday Rates

18.1 An employee will be paid at the rate of:

18.1.1 double time for all work done on Sundays;

18.1.2 double time and one-half for all work done on the public holidays prescribed in clause 23, Public Holidays, of this award.

19. Night Work for Day Workers and Day Shift Workers

19.1 Payment - Subject to clause 10, Maximum Payment, of this award, but otherwise despite anything contained in this award:

19.1.1 a Day Worker who is required in lieu of ordinary day work; or

19.1.2 a Day Shift Worker who is required in lieu of a day shift on which he or she would ordinarily be rostered, to work at night for periods of not less than a full shift on less than five consecutive nights, or on less than four consecutive nights when the fifth night is his or her 38-hour week rostered off night, will be paid at the rate of time and one half of the ordinary rate of pay for the purpose of clause 6.1, Rates of Pay, of this award, or the corresponding clause of a federal award, except:

19.1.3 on Saturdays, Sundays, 38-hour week rostered off days and holidays; and

19.1.4 in respect of any night for which the employee has not been given at least 48 hours' notice,

when the employee will be paid at overtime rates for Day Workers. No shift allowance is payable in respect of night work under this clause.

19.2 Definitions - In this clause "night" means any hours between 3.20 pm and 7.20 am, and "Day Shift Worker" means a Shift Worker employed on a shift system involving day shift only.

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

20.1 Transfer - Day Workers may be employed as and become Shift Workers and will be paid accordingly. The period of transfer will not be less than:

20.1.1 five shifts; or

20.1.2 four shifts when the fifth shift is his or her 38-hour week rostered off shift.

20.2 Notice to Change Shift Patterns - Day Workers should be given at least 48 hours' notice by the Company of the transfer to shift work. If this notice is not given by the Company the employee will be paid at overtime rates for any shift upon which he or she is employed as a Shift Worker under this clause.

21. Transfer of Shift Workers

21.1 A Shift Worker who is required to work on a shift on which he or she would not ordinarily have been rostered will be paid at overtime rates for any such shift. This provision does not apply if:

21.1.1 the Shift Worker has been given at least 48 hours' notice of the requirement to transfer; or

21.1.2 the Shift Worker is reverting to the shift on which he or she would ordinarily have been rostered.

22. Overtime

22.1 Day Workers

Day Workers for all time worked:

22.1.1 in excess of, or outside the ordinary working hours and time prescribed by this award; or

22.1.2 in excess of five hours without a meal break (except in the case of urgent breakdown work necessary to secure an immediate resumption of operations),

will be paid at a rate of time and one-half for the first two hours and at the rate of double time after that.

22.2 Shift Workers

Shift Workers for all time worked:

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

22.2.2 on more than 11 shifts in 12 consecutive days; or

22.2.3 on a rostered shift off; or

22.2.4 in excess of five and one-half hours without a crib break,

will be paid at the rate of time and one-half for the first two hours and at the rate of double time after that.

This subclause will not apply when the time is worked:

22.2.5 by arrangement between the employees themselves; or

22.2.6 for the purpose of effecting the customary rotation of shifts.

22.3 General

22.3.1 Minimum Eight Hour Rest

(a) Where overtime work is necessary it should, where reasonably practicable, be arranged so that employees have at least eight consecutive hours off duty between the work of successive days.

(b) An employee who works so much overtime between the end of his or her ordinary work on one day and the commencement of his or her ordinary work on the next day that he or she has not had at least 8 consecutive hours off duty between those times will, subject to this subclause, be released after the completion of working overtime until he or she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of the Company such an employee resumes or continues working without having had eight consecutive hours off duty, he or she will be paid at double rate until he or she is released from duty for such period and he or she will then be entitled to be absent until he or she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such period.

If, immediately after taking an eight hour rest period, an employee is required to report for work outside his or her ordinary day or shift commencing time and reasonable means of transport are not available, the Company should convey or supply the employee with transport to work.

22.3.2 Minimum Payment

(a) a Day Worker, required to work on a Saturday, Sunday, a 38-hour week rostered day off or a Public Holiday; or

(b) a Monday to Saturday Shift Worker required to work on a Sunday, a 38-hour week rostered day off or a Public Holiday,

will be paid for a minimum of four hours' work. Provided that where the actual working time is less than four hours, the working period will not be regarded as overtime for the purposes of subclause 22.3.1.

22.3.3 Rounding Up to Nearest Quarter of an Hour - For the purposes of this clause 22, a fraction of a quarter of an hour of overtime counts as a quarter of an hour if more than five minutes have been worked.

22.3.4 Payment for Call-out - An employee recalled from his or her home to work overtime will be paid for a minimum of four hours' work. If the actual time worked is shorter than four hours the working period will not be regarded as overtime for the purpose of subclause 22.3.1. For the purpose of this clause, a recall from home to work overtime takes place when the employee is notified at home of the requirement to return to work. An employee recalled from his or her home to work overtime will, at the employee's option, be provided with a suitable meal free of cost for each normal meal break falling during the overtime for which he or she was called out, or be paid for a meal allowance as set out in Item 16 of Table 5 of Part C of this award.

22.3.5 Crib - an employee required to continue at work on overtime for more than one and a half hours after his or her ordinary ceasing time, who was not notified before leaving work on the previous day or shift that he or she would be required to work overtime, may choose to receive either:

(a) a suitable meal free of cost, and another meal for each subsequent meal break into which the work extends; or

(b) payment of a meal allowance as set out in Item 16 of Table 5, Other Rates and Allowances of Part C - Monetary Rates - Restructured Classifications of this award.

22.3.6 Spoilt Meal - If an employee reports to work on notified overtime to find that he or she is not required to work, or is required to work less than one and a half hours, and he or she has brought a meal to work, he or she is entitled to payment of a meal allowance as set out in Item 16 of Table 5 of Part C of this award, as compensation.

22.3.7 Transport Home - Where an employee working overtime finishes work at a time when reasonable means of transport is not available to them, the Company will:

(a) within a reasonable time transport the employee to:

(i) a reasonable distance from his or her home; or

(ii) a place to which the employee usually travels by public transport when returning home from work; or

(iii) a place from which he or she can, within a reasonable time, obtain public transport to a reasonable distance from his or her home or the place to which he or she usually travels by public transport when returning home from work; or

(b) pay the employee his or her current rate of pay for the time reasonably occupied in reaching his or her home.

DIVISION 5 -TYPES OF LEAVE AND PUBLIC HOLIDAYS

23. Public Holidays

23.1 Designated Public Holidays - The days on which New Year's Day, Australia Day, Good Friday, the Saturday following Good Friday, Easter Monday, Anzac Day, Queen's Birthday, the local Eight Hour Day, Christmas Day, Boxing Day and the picnic day of the Steel Industry Unions, if any, are observed and special days appointed by proclamation as public holidays throughout the State, are to be public holidays.

23.2 Payment - Day Workers and Monday to Saturday Shift Workers not required to work on a public holiday will be paid for the public holiday at the ordinary rates of pay under clause 6.1, Rates of Pay and clause 8, Special Rates (All Purpose), of this award or the corresponding clause of a federal award, and the applicable overaward or bonus.

23.3 This provision for payment does not apply to:

23.3.1 an employee whose rostered shift falls on a public holiday (subject to the provisions of subclause 27.2 of clause 27, Days Added to the Period of Annual Leave or Long Service Leave, of this award);

23.3.2 an employee who is absent without leave, or reasonable excuse, on the working day before or after a public holiday.

24. Sick Leave

24.1 Illness or Incapacity - An employee who is absent for his or her ordinary working hours due to personal illness or incapacity, and not due to his or her own serious and wilful misconduct, is entitled to be paid at ordinary time rates of pay and applicable bonus payment for the time of his or her absence, subject to the following:

24.1.1 Worker’s Compensation - An employee is not entitled to be paid for an absence of any period for which he or she is entitled to workers' compensation.

24.1.2 Absence Notification- An employee must inform the Company of his or her inability to attend work within 24 hours of the commencement of his or her absence. An employee should state the nature of the illness or incapacity and the estimated duration of his or her absence.

24.1.3 Proof of Absence - An employee must prove to the satisfaction of the Company or, in the event of a dispute, the Industrial Relations Commission of New South Wales, that he or she is or was unable to attend for duty on the day or days for which payment under this clause is claimed on account of his or her illness or incapacity.

24.2 Entitlements

24.2.1 Calculation of Entitlements - An employee is entitled to sick pay for the number of ordinary working hours based on the years of his or her continued employment as follows:

(a) an employee with less than 1 year's continued employment is entitled to 40 ordinary hours;

(b) an employee with one or more years' continued employment but less then 10 years' continued employment is entitled to 64 ordinary hours;

(d) claimed leave will be deducted from the employee's accrued leave.

24.2.2 Accumulation of Entitlements - Unused sick leave will accumulate each year of continuous employment with the Company, whether under this or any other award. Accumulated sick leave may be used in subsequent years of continued employment subject to the conditions prescribed by this clause. The maximum period of accumulation is 16 years, from the end of the year in which the sick leave accrued.

24.2.3 Three Months Minimum Service - There is no entitlement to sick leave until an employee has completed 3 months' continuous service.

24.2.4 Continuous Service - For the purpose of this clause, continuous service is considered as not being broken by:

(a) any absence from work on leave granted by the Company; or

(b) any absence from work due to personal illness, injury or other reasonable cause of which the employee has provided sufficient proof.

These absences will not be taken into account in computing the qualifying period of 3 months.

25. Personal/Carer's Leave

25.1 Use of Sick Leave

25.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph 25.1.3(b), who needs the employee's care and support, is entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 24, Sick Leave, of this award 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.

25.1.2 The employee will, 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.

25.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:

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

(b) the person concerned being:

(i) a spouse of the employee; or

(ii) a defacto 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

(iii) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

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

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

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

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

25.1.4 An employee will, wherever practicable, give the Company 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 will notify the Company by telephone of such absence at the first opportunity on the day of absence.

25.2 Unpaid Leave for Family Purpose

25.2.1 An employee may elect, with the consent of the Company, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in 25.1.3(b) who is ill.

25.3 Annual Leave

25.3.1 An employee may elect with the consent of the Company, subject to the Annual Holidays Act 1944 (NSW), 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.

25.3.2 Access to annual leave, as prescribed in 25.3.1, will be exclusive of any shutdown period provided for elsewhere under this award.

25.3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

25.4 Time Off in Lieu of Payment for Overtime

25.4.1 An employee may elect, with the consent of the Company, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the election.

25.4.2 Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate, that is, an hour for each hour worked.

25.4.3 If, having elected to take time as leave in accordance with 25.4.1, the leave is not taken for whatever reason payment for time accrued at overtime rates will be made at the expiry of the 12 month period or on termination of employment.

25.4.4 Where no election is made in accordance with 25.4.1, the employee will be paid overtime rates in accordance with the award.

25.5 Make-up Time

25.5.1 An employee may elect, with the consent of the Company, to work "make-up time", under which the employee takes time off during 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.

25.5.2 An employee on shift work may elect, with the consent of the Company, to work "make-up time" (under which the employee takes time off during 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.

25.6 Rostered Days Off

25.6.1 An employee may elect, with the consent of the Company, to take a rostered day off at any time.

25.6.2 An employee may elect, with the consent of the Company, to take rostered days off in part day amounts.

25.6.3 An employee may elect, with the consent of the Company, 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 Company and employee, or subject to reasonable notice by the employee or the Company.

25.6.4 This subclause is subject to the Company informing each union which is both party to the award and which has members employed at Springhill or CRM of its intention to introduce an enterprise system of rostered day off flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

26. Annual Leave

26.1 Day Workers and Monday to Saturday Shift Workers - For annual leave provisions see Annual Holidays Act 1944 (NSW).

26.2 Shift Workers under clause 17 Whose Ordinary Working Period Includes Sundays and Public Holidays as Ordinary Working Days -

26.2.1 In addition to the annual holiday of 4 weeks provided by section 3 of the Annual Holidays Act 1944 (NSW) for a year of employment, seven-day Shift Workers under clause 17 of this award are entitled to the additional leave specified below:

(a) if an employee has worked as a seven-day Shift Worker for the full year he or she is entitled to one week's additional leave;

(b) subject to subparagraph 26.2.1(d), if an employee has worked as a seven-day Shift Worker for only a portion of the year, he or she is entitled to 1 additional day of leave for every 33 ordinary shifts worked as a seven-day Shift Worker;

(c) subject to subparagraph 26.2.1(d) an employee will be paid for additional leave at the Annual Leave Rate of Pay, for the number of ordinary hours of work for which the employee would have been rostered for duty during the period of additional leave;

(d) where the additional leave calculated under this subclause is or includes a fraction of a day, the fraction will not form part of the leave period. Any fraction will be discharged by payment only;

(e) in this clause, reference to one week and one day includes holidays and non-working days.

26.2.2 Where an employee's employment is terminated and he or she is therefore entitled under Section 4 of the Annual Holidays Act 1944 (NSW), to payment in lieu of annual leave with respect to a period of employment, he or she is also entitled to an additional payment of 3 hours at the Annual Leave Rate of Pay for each 21 shifts of service as a seven-day Shift Worker which he or she worked during his or her period of employment.

26.3 Monday To Saturday Shift Workers Who Are Regularly Rostered For Duty On Saturdays As Ordinary Working Days

26.3.1 In addition to the annual holiday of 4 weeks provided by Section 3 of the Annual Holidays Act 1944 (NSW) for a year of employment, Monday to Saturday Shift Workers who are regularly rostered for duty on Saturdays as ordinary working days are entitled to the additional leave specified below:

(a) for every 13 Saturdays upon which an employee worked an ordinary shift as a Monday to Saturday Shift Worker who is rostered for duty on Saturdays as ordinary working days, is entitled to 1 day additional leave for that year;

(b) where the additional leave calculated under this subclause is or includes a fraction of a day, the fraction will not form part of the leave period. Any fraction will be discharged by payment only;

(c) the additional entitlements under this subclause will apply only to leave which becomes fully due on or after 23 September 1980.

26.4 All employees - Annual Leave Loading

26.4.1 An employee will be paid a loading of 20% for the period of his or her annual leave calculated on the lesser of:

(a) his or her ordinary pay pursuant to the Annual Holidays Act 1944 (NSW), and where applicable, his or her Annual Leave Rate of Pay pursuant to this clause and clause 27, Days Added to the Period of Annual Leave or Long Service Leave, of this award; or

(b) the sum of:

(i) the employee’s award rate of pay for ordinary time at the commencement of his or her annual leave as prescribed for the purpose of clause 6, Rates of Pay, of this award; and

(ii) the employee’s applicable bonus payable at the commencement of his or her annual leave; and

(c) provided that an employee who would have worked on shift work had he/she not been on annual leave will be paid whichever is the greater of:

(i) the loading; or

(ii) the shift work allowances specified in clause 15, Shift Work Allowances for Shift Workers, and the weekend penalty rates specified in clause 16, Saturday Rates for Shift Workers, and (in respect of Sundays only) clause 18, Sunday and Public Holiday Rates, of this award that would have been payable to the employee in respect of ordinary time during his or her period of annual leave had he or she not been on annual leave.

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

27. Days Added to the Period of Annual Leave Or Long Service Leave

27.1 Seven-day Shift Workers - A seven-day Shift Worker under clause 17 of this award whose working period includes Sundays and Holidays as ordinary working days is entitled to 1 added day of annual leave or long service leave, if a public holiday prescribed in clause 23, Public Holidays, falls within the period of leave.

27.2 Rostered Off Duty - An employee who is rostered off duty on a day which is a public holiday prescribed by this award and who is not required to work on that day will:

27.2.1 By mutual consent, be paid, in the pay for the period in which the public holiday falls, for the public holiday at the rate payable pursuant to subclause 23.1, Public Holidays, of this award; or

27.2.2 have 1 day added to his or her annual leave period

This subclause does not apply when the public holiday falls:

27.2.3 on a Saturday or Sunday, except in the case of employees employed as seven-day Shift Workers under clause 17 of this award; or

27.2.4 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.

27.3 Rate for Added Days - Any day or days added in the case of annual leave will be paid for at the Annual Leave Rate of Pay. Any day or days added in the case of long service leave will be paid at the long service leave rate of pay.

27.4 Discharging Added Days - Any day or days added in accordance with subclause 27.1 or 27.2, will be the working day or working days immediately following the period of annual leave to which the employees are entitled under clause 26, Annual Leave, or clause 28, Long Service Leave, of this award.

27.5 Definition of Working Days - For the purposes of subclause 27.4, "working days" will be:

27.5.1 In the case of an employee who, at the commencement of his or her period of annual leave, 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 he or she were not on annual leave or long service leave, but excluding a Saturday, a Sunday or a public holiday prescribed by this award.

27.5.2 In the case of an employee who, at the commencement of his or her period of annual leave, was employed as a Monday to Saturday Shift Worker - any day of the week other than a Sunday or a public holiday prescribed by this award including a day on which the employee concerned would have been rostered off duty if he or she were not on annual leave or long service leave.

27.5.3 In the case of an employee who, at the commencement of his or her period of annual leave, was employed as a seven-day Shift Worker under clause 17 - any day of the week including a day on which the employee concerned would have been rostered off duty if he or she were not on annual leave.

27.6 Termination Payment - Where an employee’s employment has been terminated and he or she becomes entitled, under Section 4 of the Annual Holidays Act 1944 (NSW), to payment in lieu of an annual holiday with respect to a period of employment, the employee is also entitled to an additional payment for each day accrued to him or her under subclause 27.2 at the Annual Leave Rate of Pay.

27.7 Seven-day Shift Workers - An employee who is employed as a seven-day Shift Worker who:

27.7.1 has a day added to his or her annual leave pursuant to subclauses 27.1 and 27.2; and

27.7.2 such a day falls on a public holiday prescribed by clause 23, Public Holidays, of this award, on which the employee would have been rostered to work an ordinary shift were it not for his or her entitlement to an added day,

will be paid for such day, in addition to his or her entitlement under subclause 27.3, at the rate prescribed by subclause 23.1 of clause 23, Public Holidays, of this award.

28. Long Service Leave

28.1 General - For long service leave provisions see Long Service Leave Act 1955 (NSW).

28.2 Payment - Despite the Long Service Leave Act 1955 (NSW) the award rate element of ordinary pay for long service leave will be either:

28.2.1 the rate determined in accordance with the Long Service Leave Act 1955 (NSW); or

28.2.2 the rate applicable to the employee at the commencement of his or her long service leave entitlement,

whichever is the greater.

28.3 Public Holidays - An employee is entitled to have all days which are prescribed as Public Holidays by clause 23, Public Holidays, of this award treated as days appointed by the Governor as public holidays for the purposes of the application to him or her of Section 4 (4A) of the Long Service Leave Act 1955 (NSW).

28.4 Accrual of Long Service Leave from 13 May 2002:

28.4.1 With effect from the beginning of the first pay period on or after 13 May 2002, long service leave shall accrue at the rate of 13 weeks leave after 10 years continuous service.

28.4.2 This rate of accrual is not retrospective and applies only to leave accruing after the commencement of the new rate of accrual as specified in subclause 28.4.1.

28.4.3 An employee who has completed with the Company at least 5 years service, and whose services are terminated by the Company for any reason other than the employee's serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the employee, will be paid out their accrued long service leave entitlement.

28.5 Inclusion of shift payments after 1 January 2006:

28.5.1 The inclusion of shift payments (ie. as provided for in clauses 15,16, 17 and 18 of this award) in the payment for long service leave actually taken by shift workers, will apply to long service leave taken on or after 1 January 2006.

28.5.2 For all shiftwork employees who are paid on an annualised salary basis, arrangements in place at the time of making this award, for long service leave which provide for the inclusion of the additional hours component being paid for long service leave will cease and that payment will be substituted by the normal shift payments that would have been paid to the employee had the employee been at work, and not on long service leave.

28.5.3 Provided that, notwithstanding 28.5.1 and 28.5.2, Monday to Friday shiftworkers in receipt of an annualised salary at the time of the making of this award which is inclusive of an 'additional hours' component will continue to receive the additional hours component in lieu of the shift payments referred to in 28.5.1 and 28.5.2.

28.5.4 The application of shift payment's to long service leave entitlements does not apply where the long service leave is taken as part of an employee’s resignation/retirement arrangement.

28.5.5 Long service leave that is paid out on termination of employment will be paid at the base 38-hour week rate.

28.5.6 Arrangements for the taking of long service leave will be subject to the approval of the Company.

29. Jury Service

29.1 Entitlement - An employee required to attend jury service:

29.1.1 during his or her ordinary working hours; or

29.1.2 immediately following an ordinary night shift or immediately before an ordinary afternoon shift on which the employee is rostered to work and, as a result of attending for jury service, is not reasonably able to report for work on the night shift or afternoon shift,

will be reimbursed by the Company the difference between the amount paid to the employee by the Court for his or her attendance for jury service and his or her ordinary time rate of pay and applicable bonus for the period he or she would have worked had he or she not attended for jury service.

29.2 Notification - An employee must notify the Company as soon as possible of the date upon which he or she is required to attend for jury service.

29.3 An employee must give the Company proof of his or her attendance, the duration of such attendance, and the amount received from the Court in respect of the jury service.

30. Compassionate Leave

30.1 Entitlement - An employee, other than a casual employee, will be entitled to up to two days compassionate leave without deduction of pay, on each occasion of the death of a person as prescribed in subclause 30.3 of this clause. In addition to the ordinary time rate of pay, the employee will be paid the amount of over award or bonus he/she would have otherwise received during ordinary working hours.

30.2 An employee is not entitled to compassionate leave if the period of leave coincides with any other period of paid leave.

30.3 Compassionate leave will be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph 25.1.3(b) of clause 25, Personal/Carer's Leave, of this award, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.

30.4 Compassionate leave may be taken in conjunction with other leave available under subclauses 25.2, 25.3, 25.4, 25.5 and 25.6 of the said clause 25. In determining such a request, the Company will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

30.5 Notification - The employee must notify the Company as soon as practicable of the intention to take compassionate leave and will provide to the satisfaction of the Company proof of death.

31. Parental Leave

For parental leave provisions refer to Part 4, Parental Leave, of Chapter 2, Employment, of the Industrial Relations Act 1996 (NSW), as amended from time to time.

DIVISION 6 - EMPLOYMENT RELATIONSHIP

32. Contract of Employment

32.1 Weekly Employment - Employment will be on a weekly basis, subject as provided for elsewhere in this award.

32.2 Probation - An employee will be on probation for the first 3 months of his or her employment. Employment will be on a daily basis at the weekly rate fixed and may be terminated for the first week at a day's notice and subsequently, may be terminated on one week's notice, or by the payment in lieu or forfeiture of 1 week's wages, as the case may be.

32.3 Termination - Subject to clause 32.2 and subclause 36.3.2, Summary Dismissal, employment may be terminated by 1 week's notice on either side, given at any time during the week, or by the payment or forfeiture of 1 week's wages, as the case may be. Where an employee has given notice, or has been given notice by the Company, he or she will, upon request, be granted leave of absence without pay for 1 day or shift during the period of notice in order to look for alternative employment.

32.4 Performance of Work - Employees must perform such work as the Company may, from time to time reasonably require. An employee who does not perform or attend for duty will lose his or her pay for the actual time of non-attendance or non-performance, except as provided by clause 24, Sick Leave.

32.5 Deduction of Pay for Non-work - This clause does not affect the right of the Company to deduct payment for any day during which an 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.

33. Requirements to Work in Accordance With the Needs of the Industry

33.1 Overtime - 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 public holiday, at the rate prescribed by this award. Unless reasonable excuse exists, the employee will work in accordance with this requirement.

33.2 Change of Shift System - Subject to clause 20, Transfer of Day Workers from Day Work to Shift Work, and clause 21, Transfer of Shift Workers, of this award, for the purpose of meeting the needs of the industry the Company may require any employee to transfer from one shift system to another shift system prescribed by this award at the applicable rate. Unless reasonable cause exists, an employee will work in accordance with this requirement.

34. Termination of Employment Due to Retrenchment Or Redundancy

34.1 Retrenchment

34.1.1 Application - This subclause 34.1 applies to collective dismissals by way of retrenchment, whether made at the same time or over a period of time and where the dismissals relate to circumstances affecting the Company's enterprise and not to the conduct of the employees. It does not apply to the termination of employment on account of the introduction of mechanisation or technological change.

34.1.2 Informing Unions and Employees Affected - The Company is obliged to inform the union parties to this award, and the Company's employees who may be affected by any retrenchments, of the facts and circumstances of the proposed retrenchments as soon as the Company becomes aware that the retrenchments are necessary.

34.1.3 Notice of Termination - Despite any other provision of this award, an employee being dismissed will receive four weeks' written notice of dismissal, or four weeks' pay in lieu of notice given. Employees over 45 years of age at the time of the giving of the notice with not less than two years' continuous service shall be entitled to an additional week's notice. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

34.1.4 Leave to Seek Alternative Employment - If an employee is required to work out his or her 4 weeks' of notice, the employee is entitled to 1 day's leave with pay in each of the 4 weeks to enable him or her to look for alternative employment. If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the Company, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

34.1.5 Severance Payment - An employee is entitled to a severance payment as follows:

(a) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Years of Service	Under 45 Years of Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

(b) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

Years of Service	45 Years of Age and over entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

A week's pay refers to the award wage, plus applicable overaward or bonus. Pay does not include shift work allowances, weekend penalties or overtime.

34.1.6 Less than Twelve Months Service Not Entitled - Employees retrenched who have less than 12months continuous service are not entitled to severance pay under this subclause.

34.2 Mechanisation or Technological Change

34.2.1 Application - This subclause 34.2 applies despite the provision of clause 32, 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.

34.2.2 Notice of Termination - An employee covered by this subclause will be given three months' notice of the termination of his or her employment. If the employment of an employee is terminated and the Company fails to give such notice in full:

(a) The Company will pay the employee at the ordinary rate of pay for the employee's classification for a period equal to the difference between three months and the period of the notice given; and

(b) The period of notice required by this paragraph is deemed to be service with the Company for the purpose of the Annual Holiday Act 1944 (NSW) and the Long Service Leave Act 1955 (NSW) or any Act amending or replacing either of those Acts.

34.2.3 Less than Twelve Months Service Not Entitled - Employees who have less than 12 months continuous service are not covered by this subclause.

34.2.4 Dismissal for Other Reasons Not Prejudiced - The right of the Company to dismiss an employee for reasons specified in clause 32, Contract of Employment and subclause 36.3.2, Summary Dismissal, is not prejudiced by the fact that the employee has been given notice under this subclause of the termination of his or her employment.

34.3 Other Matters

34.3.1 Notice to Centrelink - Where a decision has been made to terminate employees, the Company shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out. subclause.

34.3.2 Centrelink Separation Certificate - The Company shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by Centrelink.

34.3.3 Employee Leaving During the Notice Period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the Company until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

34.3.4 Alternative Employment - Subject to an application by the Company and further order of the Industrial Relations Commission, the Company may pay a lesser amount (or no amount) of severance pay than that contained in paragraph 34.1.3 above if the Company obtains acceptable alternative employment for an employee.

34.4 Security for Employees affected by workplace change

34.4.1 Security of employment is important for improving working relationships, trust and cooperation with change. The parties do not want an environment where everyone is working in fear of losing their employment. The parties want an environment where people focus on doing their jobs safely and well, implementing improvement actions, adapting swiftly to change and caring for the business. Real employment security can only be achieved by successful business performance. Working together in implementing change and improvement will maximise the security for everyone.

34.4.2 The parties recognise that sustained security of employment can only be based on long-term business success and the parties' commitment to the development and achievement of the Company's business plans.

34.4.3 While workplace change, new technologies and changes in operations will be ongoing and may lead to employees being made surplus, every opportunity will be taken to effect changes through voluntary means and natural attrition.

34.4.4 Subject to the terms of this Award, employment security is provided for the period of this Award subject to the provisions of this clause and the implementation of actions and undertakings provided for in this Award. Where employees are made surplus, the relevant Union/s will be advised and the following principles will apply:

(i) Where suitable positions are available:

An employee can reject two positions that become available;

The next suitable position must be accepted by the employee;

Employees will remain in their current Department whilst awaiting a new position.

(ii) Where only one suitable position is available:

There will be situations where individuals are only offered one suitable position, because of the employee's particular skills and abilities. In these cases, the employee will transfer to where their skills and abilities can be used.

(iii) Where no suitable positions are available:

Each employee will be managed on a case by case basis. Employees will be required to participate in a career transition, retraining, job search or outplacement programs sponsored by the Company to maximise opportunities for alternative employment recognising that employees cannot be maintained as surplus indefinitely.

34.4.5 Where the above provisions have been met and an employee remains unplaced in the long term, the Company will meet with the employee and his or her union representative to determine what options are available for that employee.

34.4.6 The extension of employment security under the above arrangements requires that displaced employees take responsibility for their future and genuinely seek new positions and opportunities.

34.4.7 Any difficulties or issues arising out of the procedures described in this clause will be discussed with the involvement of the relevant union where appropriate and will be dealt with in accordance with the dispute resolution procedures in clause 36 of this Award.

34.4.8 Major closures or significant unexpected events will be treated as special cases and will be discussed separately in advance of the event.

34.4.9 Changes to work arrangements can result in people having to move to different shifts which provide lower ordinary time earnings. When this happens, employees will be given reasonable notice so that they have time to adjust their financial situation to suit. These arrangements do not apply to roster changes, which are driven by normal market fluctuations.

34.4.10 Nothing in this clause affects the right of the Company to dismiss an employee lawfully for misconduct or other circumstances unrelated to the employee having become redundant.

35. Anti-Discrimination

35.1 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 identity and age and responsibilities as a carer.

35.2 It follows that in fulfilling his or her obligations under the dispute resolution procedure prescribed by clause 36 of 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.

35.3 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.

35.4 Nothing in this clause is to be taken to affect:

35.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;

35.4.2 offering or providing junior rates of pay to persons under 21 years of age;

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

35.4.4 a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

35.5 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.

36. Procedure for Resolving Claims, Issues and Disputes

36.1 Introduction

36.1.1 The procedures set out in this clause shall be applied by the parties for the purpose of pursuing claims, resolving issues and disputes and avoiding industrial action.

36.1.2 The provisions of this award in relation to the Regulation of Disturbances to Production and Supply shall apply to all disputes involving a stoppage of work by employees.

36.1.3 The procedure set out in clause 36.2 shall apply to all issues other than:

(a) claims, issues or disputes relating to genuine safety matters. In such matters the Company will undertake immediate investigations including discussions with the employee(s) and/or delegate(s) and/or official(s) of the union(s) involved. As necessary the appropriate government authority will be involved.

(b) for issues relating to the stand down of employees or cases of summary dismissal in which case the procedure set out in clause 36.3 shall apply; and

(c) for the introduction of change, including outsourcing (as defined in clause 36.4.2), the procedure set out in clause 36.4 shall apply.

36.1.4 Definitions - For the purposes of clause 36.2 and clause 36.3 the following definitions shall apply:

"Superintendent" includes:

(a) any officer with authority higher than that of a superintendent;

(b) any officer acting as a superintendent's deputy in the absence of a superintendent; and

(c) in a department where there is no officer with the title of superintendent the supervisor who is in charge and in his or her absence his or her deputy.

"Department" includes a section of the plant called a "department" and any other separately administered section of the plant.

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

36.2 Procedure for Resolving Claims, Issues and Disputes

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

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

(a) Departmental Claims, Issues and Disputes -

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

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

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

(iv) Failing agreement, the claim, issue or dispute will be referred to the appropriate industrial relations tribunal.

(b) General Claims, Issues and Disputes -

(i) The official(s) and delegate(s) of the union(s) involved will place the claim, issue or dispute before the Company's Employee Relations Department, which will take all reasonable steps to reply as soon as possible.

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

36.2.2 Other Rights and Duties - The provisions of this clause will not affect in any way any other rights and duties of any party to this award pursuant to the Industrial Relations Act 1996 or any other Act or at common law in relation to any matter.

36.2.3 Review of Procedure - The operation of this clause will be jointly reviewed by the parties at regular intervals.

36.3 Stand Down of Employees and Summary Dismissal

36.3.1 Stand Down - The Company has the right to stand an employee down for refusal of duty, malingering, inefficiency, neglect of duty or misconduct on the part of the employee. The Company may deduct payment for any day or portion of a day during which the employee is stood down, subject to the following:

(a) Investigation - No employee may be stood down before an adequate investigation of the circumstances of the alleged offence has been made or before the employee has had an opportunity to state his or her case and present witnesses to the facts. This does not apply in the case of a group standing down.

(b) Only Superintendent May Stand Down - Only the employee's superintendent may make a decision as to the standing down of the employee when the superintendent is on duty.

(c) Limited Ability of Supervisor to Stand Down - The right of the employee's supervisor to stand down an employee is limited to situations where the employee's superintendent is not on duty. The supervisor can only stand down an employee for a period not exceeding the balance of the shift, and only in cases 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:

(i) constitute a hazard either to that employee or to other employees, or to plant and equipment; or

(ii) interfere with normal and orderly functioning of the Company's operations; or

(iii) be prejudicial to discipline.

(d) Superintendent Interview Following Supervisor Standing Down - Where a supervisor stands an employee down, the supervisor will 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 another mutually arranged time. The superintendent, after reviewing the case, must inform the employee of his or her decision on the matter.

(e) Appeal - An employee is entitled to appeal to the relevant Company human resources representative for his or her department, against any decision of a superintendent. Despite the appeal, the superintendent's decision takes effect pending the determination of the appeal.

(f) Working in Other Departments - If an employee is working in a department other than his or her normal department, the employee may be stood down by the appropriate supervisor for that department, subject to the other part of this clause.

36.3.2 Summary Dismissal - This clause does not affect the right of the Company to dismiss an employee without notice for refusal of duty, malingering, inefficiency, neglect of duty or misconduct. Where an employee is summarily dismissed, wages will be payable up to the time of dismissal only, subject to the following:

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

(b) Only Superintendent May Dismiss - Only the employee's Superintendent may make a decision to dismiss the employee without notice.

(c) Must State Reasons for Dismissal - When a Superintendent decides to dismiss an employee without notice the Superintendent must give the employee the reasons for the dismissal without notice.

(d) Contesting Dismissal - If immediately following a dismissal without notice the dismissed employee, or the employee's delegate, tells the Superintendent that the dismissal will be contested:

(i) the dismissal will take effect seven calendar days from the time that the employee was told of his or her dismissal; and

(ii) during these seven calendar days, despite the provisions of subclause 36.3.1, the employee will be stood down without pay.

36.4 Introduction of Change Including Outsourcing

36.4.1 Principles concerning the management of change

The parties agree to the following key principles concerning the management of change:

(a) The parties recognise and accept that change is an inevitable and increasingly necessary part of the steel industry;

(b) Change must be ongoing to ensure that the Company remains viable and employee expectation concerning security of employment can be satisfied;

(c) In considering the desirability and business case for any proposed change the tests to be applied are requirements for the change to be:

safe;

efficient;

legal; and

fair.

(d) The parties commit to consult and abide by the dispute settling procedures provided in this award in the event that proposed changes are not agreed. In support of this commitment there will be both detailed communication and strong reinforcement by the Company and unions in respect of these procedures. Subject to any disagreement being dealt with in accordance with agreed procedures, and in the case of significant change 36.4.3, the change will be able to be implemented.

(e) All parties share an intent that there be "zero industrial action" and to that end will actively ensure that employees, delegates and officials will, on each and every occasion where a dispute arises and is not resolved, follow the applicable dispute settling procedure and not take industrial action.

36.4.2 Processes for Introduction of Change

(a) Where changes are "significant in nature", as defined in this subclause, they shall be the subject to the processes set out in 36.4.3.

(b) Changes which are not "significant in nature" shall be introduced in accordance with the principles set out in subclause 36.4.1 and the provisions of this award. Disputes in relation to such changes shall be dealt with in accordance with the procedures for resolving claims, issues and disputes provided in this award.

(i) the composition, operation or size of the workforce in a section or department of the operations of the Company;

(ii) the skills required of employees;

(iii) the availability of job opportunities for employees;

(iv) the opportunities for promotions of employees;

(v) the security of employment of employees;

(vi) the hours of work of employees;

(vii) the location of work of employees;

(viii) shift pattern changes; and

(ix) outsourcing of work (meaning the engagement on a permanent basis of another organisation to perform work which has previously been performed by employees of the Company. In this respect outsourcing differs from the use of contractors to meet intermittent work load requirements or to provide specialist skills on a short term or as needs basis).

(d) Where a change is otherwise provided for in this award it will not be regarded as significant in nature for the purposes of this clause.

36.4.3 Processes for introducing change which is significant in nature and for resolving associated issues and disputes

(a) The provisions of this subclause set out the terms and order of the procedure which shall govern the introduction and management of change which is significant in nature.

(b) A change will be determined to be significant where it meets the definition as set out in clause 36.4.2(c).

(i) The Company has developed an idea regarding a workplace change that, if implemented, would result in a change which is significant in nature, and

(ii) The idea has been developed sufficiently as to justify the time and effort required to allocate resources and to develop a working proposal, and

(iii) A "Task Brief" has been prepared in at least broad terms that includes the:

objectives of the change;

issues that may arise if the change was progressed to implementation;

criteria for appraisal of the idea;

impact the idea may have on employees, customers and the business; and

milestones in the review process.

(d) Consultation will commence with a notification in writing to employees and their unions (letter 1) as to the broad objectives of the change and the possible effect the change is likely to have on employees.

(e) Consultation is the process through which employees contribute to problem-solving and decision making. It provides for employee and union input before Company management finally decides on action affecting its employees.

(f) Employees and their unions will be provided with the opportunity to comment and input into the proposed change. This will not limit any party from proposing alternative ideas that may result in the objectives of the business being achieved.

(g) Following consideration of all aspects of the change, including consultation with employees, the Company will advise employees and the relevant unions in writing (letter 2) as to whether or not the Company will proceed with the introduction of the change. The advice will include:

(i) confirmation on the introduction of the change (as finally determined) and the nature of that change;

(ii) the date of the introduction of the change;

(iii) the impact the change will have on employees; and

(iv) what steps are to be put in place to manage the impact that the changes will have on employees.

(h) The consultation process will conclude upon any party to the process declaring to the other parties in writing (letter 3) that it regards the consultation process as exhausted or; an agreement is reached between the parties to the consultation on a settlement to the issues or, notification is made under the Act of an industrial dispute as to the change. The consultation process must be comprehensive and genuine and may be reconvened by direction of the Commission in dispute resolution proceedings, if it has been shown to be prematurely concluded.

A decision by employees or the unions not to participate in such discussions brings to an end the consultation process.

(i) Where agreement is reached as to a change, the change is to be implemented immediately and the parties are to promptly record the terms of the agreement in writing.

(j) Where the consultation process concludes upon a party declaring to the other parties that it regards the consultation process as exhausted, and there is disagreement as to the change proposed, the change may be implemented forthwith unless a party to the consultation process gives notice to the other parties that it disputes the implementation of the change, and in that case the status quo will apply. Notice of disputing a change must first be provided to the other parties verbally within 24 hours after the declaration that the consultative process is exhausted, and followed up by written notice in accordance with 36.4.3(k).

(k) For written notice in accordance with 36.4.3(j) to be effective, it must be served on the other parties within 5 working days after the declaration that the consultative process is exhausted. The written notice must set out:

(i) details of the particular objection(s) to the change; and

(ii) whether steps have been, or will within 24 hours be taken by that party to refer the matter to the Commission.

(l) There must be no industrial action whilst these procedures, including status quo where applicable in this clause, are followed, and subject to further discussions between the parties, the matter will be referred to the Commission.

(m) The status quo will not apply in the following circumstances:

(i) where written notice has not been given in accordance with 36.4.3(k), unless otherwise excused by the Commission; or

(ii) where the party placing the matter in dispute does not genuinely participate in the consultation process; or

(iii) the closure of sections of plant, not including outsourcing; or

(iv) to prevent or delay capital investment and the introduction of new technology.

(n) The status quo will lapse in the event of industrial action over the proposed change.

(o) The status quo may be altered by recommendation or direction of the Commission in proceedings pursuant to section 130 of the Act, or as the outcome of arbitration by the Commission.

(p) For workplace change, (including the number or composition of employees engaged on any task), the consultation process may provide for the change to be introduced on a trial basis by agreement. There should be discussion between the parties as to how the trial arrangements should be implemented. An appropriate monitoring system will be established to ensure that the proposed changes are safe, efficient, legal and fair. The period of the trial will be determined in advance, with a return to the status quo in the event that it is shown that the trial fails the safe, efficient, legal and fair test.

(q) Where an issue associated with a change concerns the interpretation or application of an existing provision of the award, the status quo shall prevail until the matter is agreed or is the subject of interpretation by the Commission. No industrial action shall occur in relation to such a dispute.

(r) Nothing in this agreement detracts from the operation of the Act with respect to the settlement of industrial disputes.

(s) Definition:

For the purposes of clause 36.4, the term "Workplace Change" does not include:

Matters that involve the requirement for employees to work in accordance with the reasonable direction of the Company; normal day to day operations and work within the employee's recognised skills, competence, training and safe working practices.

Company decisions regarding significant capital investment, business growth, etc. In these circumstance the Company is to provide the information in writing to employees and their unions as referred to in points (i) to (iv) of clause 36.4.3(g).

36.4.4 Nature of Consultation

Consultation involves:

(a) All parties (management, employees and unions) being prepared to put forward considered views in respect of desired improvements and alternatives as to how such improvements could be achieved;

(b) An opportunity being given to all affected parties to fully understand the nature and impact of those views before any final decision on implementation of changes is made by the Company;

(c) Fair consideration being given to the issues and concerns raised by the parties before any final decision on implementation of change is made.

37. Regulation of Disturbances to Production and Supply

37.1 Objects of this Clause

37.1.1 One of the key pillars that supports the ability of the Company to have an effective and efficient business is the ongoing compliance by the parties and all employees with the obligations in this clause in respect of hot metal arrangements and meeting urgent customer needs.

37.1.2 The commitment and compliance with the obligations prescribed in this clause are significant in that they recognise the paramount importance of satisfying the Company's customers each and every day and the close linkage between customer satisfaction, business performance and employment security. In addition they recognise the importance of protecting the security and integrity of the Company's assets and not wastefully destroying product.

37.1.3 The parties recognise that to achieve these goals and maintain secure employment, they must manage their differences without allowing these differences to result in the destruction of product or major disruption to the Company's customers.

37.1.4 The parties understand that only by satisfying customers and developing markets can the Company deliver the desirable benefit of ongoing security of employment.

37.1.5 The obligation to comply with the arrangements contained in this clause in respect of hot metal and meeting urgent customer needs does not restrain, or seek to restrain, the taking of industrial action which does not result in non-compliance with those obligations. The parties are however committed to working together to provide a workplace where issues are resolved without recourse to industrial action.

37.1.6 The obligations imposed by this clause apply to all parties and all employees at all times, regardless of the reasons for or the nature or the extent of industrial action (i.e. whether limited to a particular part or parts of the Company's operations or involving the whole of such operations).

37.1.7 The obligations imposed by this clause require that employees covered by this award perform as directed the necessary work (for the purposes of this clause) which is part of their usual duties and are not to be taken as requiring 'staff' employees to undertake such work instead of employees covered by this award.

37.1.8 The hot metal arrangements provided for in this clause are designed to preserve the interests of those engaged in the taking of industrial action by requiring that the Company not deal with slabs produced (in the sense of further processing and despatching the slabs) until the industrial action ceases except as provided for in subclause 37.3.6.

37.1.9 Similarly, the proposal for the meeting of urgent customer needs does not require all product to be distributed but rather only that part of it requiring urgent dispatch and subject to the provision of information and appropriate consultation as specified in this clause.

37.2 Compliance with this Clause and Linkage with Employment Security

37.2.1 There must be strict compliance by all parties with the terms of this award concerning hot metal arrangements (subclause 37.3) and meeting urgent customer needs (subclause 37.4) during the course of any industrial action. There must be no breaches of these provisions.

37.2.2 The taking of steps during the course of any industrial action in breach of these requirements would be a serious matter and one requiring significant and urgent attention in any dispute resolution processes. Any breach would be a paramount consideration for the Commission in the exercise of its powers under the Act as to industrial disputes.

37.2.3 A breach of the provisions concerning hot metal arrangements (subclause 37.3) and meeting urgent customer needs (subclause 37.4) may result in the removal (in part or whole) of the employment security provisions specified in clause 34.4 of this Award. Any such removal shall not relieve the employees concerned of their obligations to comply with the requirements of this clause 37.

37.2.4 An application to remove the benefits of security of employment from any employees may be made by the Company by notification under the Act of an industrial dispute. The Company shall bear the onus of making out a case for such removal. The determination of such an application shall be governed by the considerations referred to by the Commission in the Recommendation of Walton J - Vice President, dated 13 May 2002, particularly at paragraph 95. The Commission's determination shall be binding on the parties.

37.3 Hot Metal Arrangements

37.3.1 Plant operations will continue at normal production rates unless there is industrial action, which extends more than 8 hours, in one of the following major departments and where that action would prior to the BHP Steel Port Kembla Operations Enterprise Agreement 2002 have resulted in the dumping of hot metal.

The major departments are: Blast Furnaces, Rail Operations, BOS and Slab Caster.

37.3.2 Recognising that this provision is designed to avoid destruction of product and not to retain normal operations in the event of industrial action in one of the above areas, the Blast Furnaces will, where the industrial action in one of the major departments referred to in subclause 37.3.1 runs for more than 8 hours, operate at a reduced level. That level will be nominally 90% of full production level - that being the level necessary to maintain stable furnace operations and to return to normal operating levels immediately after the industrial action.

37.3.3 All iron that is at the BOS at the time the industrial action commences will be processed as normal, provided that two (2) hours after the provision of notice to the Company that the industrial action has commenced, the provisions of subclause 37.3.6 shall apply

37.3.4 Slabmaking operations will be sufficient to ensure that there is no hot metal dumped as a result of industrial action. Generally it is expected that this will require consistent 2-machine casting on any 2 machines as may be required. It is noted that, where possible, generally No. 2 and No. 3 machines would be utilised.

37.3.5 Slabs will be processed to the extent necessary to ensure the integrity of the product.

37.3.6 Subject to subclauses 37.3.3, 37.3.5 and 37.3.7 all slabs produced during the course of industrial action shall be stored at locations selected by the Company and will not be further handled, dispatched or processed until the actual cessation of the industrial action, provided that slabs shall be further handled (but not dispatched or processed) to the extent necessary for reasons of safety or to enable effect to be given to the objects of this clause and the requirements of this subclause 37.3.

37.3.7 Slabhandling operations will ensure that slab is stacked in the Slab Yard or as directed by the company in an efficient and effective way. Where the industrial action is in the Slab Yard area, slab will still be produced and that slab will be stacked and stored in an effective and efficient way as directed by the Company.

37.3.8 The parties' commitment to "no dumping of iron" requires that support functions necessary to sustain the safety and operating integrity of the blast furnaces, however provided, will continue through the industrial action.

37.3.9 No employee or union will direct or encourage any employee or contractor in an associated area to take action that may have the effect of circumventing the intent and operation of these arrangements - namely that Blast Furnaces continue to operate and hot metal is not dumped in the event of industrial action.

37.3.10 The Company shall provide the unions each day with a list of the location of all slabs stored in accordance with these hot metal arrangements during the course of industrial action.

37.4 Meeting Urgent Customer Needs

37.4.1 To satisfy the requirements of the customers of the Company, the parties are committed to ensuring that the urgent needs of customers are met throughout the period of any industrial dispute.

37.4.2 In recognising that the Company's customers are a key foundation of the Company's business, the parties commit to the principle that all disputes and issues will be resolved in accordance with the applicable dispute resolution procedures and without recourse to industrial action that would adversely impact on those customers.

37.4.3 In the unlikely event of industrial action occurring, the parties will, before such action commences, and on an ongoing basis as necessary during such action, hold discussions in relation to production or maintenance work that is necessary to enable genuinely urgent customer requirements to be met. So far as practicable, prior to the taking of industrial action and (on all occasions) progressively, as necessary, during such action the relevant union delegate(s) and the relevant Company representatives will meet and confer immediately and on an ongoing basis to manage the supply of product to avoid stocking out of customers.

37.4.4 The Company's customer service or logistics representative will identify product that is required to maintain a customer's business and is packed and waiting dispatch.

37.4.5 Where, in accordance with subclause 37.4.6 and 37.4.7, product is identified as requiring despatch to avoid a stock out or potential stock out and that product or part of that product is packed and awaiting dispatch, it will be dispatched as required by the Company.

37.4.6 The Company will become aware, either through its dispatch management systems or by way of other direct communication with a customer that the customer is in need of urgent delivery of product to avoid a stock out. This will occur each and every day during a period of industrial action.

37.4.7 Where the Company becomes aware of a stock out or a potential stock out for a customer, then the Company will provide to the relevant union delegate a written report containing the following particulars of the stock out or potential stock out:

the name of the customer,

the product and quantity required,

where the product is required, and

when the product is required.

A copy of the written report will be faxed to the relevant union offices.

37.4.8 In the event that there is a residual amount of an order to be processed to enable dispatch of it to occur and there are special or urgent considerations applying to the order, these circumstances will be raised and discussed between the relevant Company representative and the relevant employee representative with a view to reaching agreement. In the absence of agreement either party may seek the assistance of the Commission by notification under s130 of the Act. The parties agree that if the operation of this subclause creates substantially adverse consequences then any party may apply to the Commission after 13 November 2002 to recommend other arrangements in relation to residual amounts of orders and the parties will comply with the terms of such recommendation in lieu of the provisions of this subclause.

37.4.9 In the event that there is a breakdown of a crane, forklift, or other dispatch related equipment that would otherwise prevent the urgent dispatch of product provided for in this subclause then maintenance employees or contractors as appropriate will work to repair the equipment and facilitate the dispatch of product.

37.4.10 No employee or union will direct or encourage any employee or contractor in an associated area to take action that may have the effect of circumventing the intent and operation of these arrangements.

37.4.11 In subclause 37.4:

"relevant union delegate" means the delegate of the employees whose industrial action is preventing or hindering the normal despatch of product. In the absence of that delegate the relevant union delegate shall be the employee who, in the ordinary course, would be regarded by the employees as acting in the place of the delegate.

"relevant company representative" means the customer service officer nominated by the company for the purpose of the arrangements in this subclause.

"Stock out" and "stocking out" mean a situation where the customer is unable, because of its lack of the Company product which the customer requires, to maintain its normal operations.

37.5 To ensure that effect is given to the provisions of clause 37 of this award, the departmental arrangements as set out in Schedule 1 shall apply.

DIVISION 7 - MISCELLANEOUS

38. Delegates

38.1 Recognition of Delegates

38.1.1 The Company will recognise an employee who is a delegate representing the employees in a shop or department where he or she is employed. A delegate will be allowed the necessary time to interview the employees for whom the delegate represents, the Company or its representatives, during working hours, where there is a dispute affecting employees in his or her shop or department.

38.1.2 The Company will not be bound to recognise as a delegate any employee whom the union concerned has sent written notification to the Company that it does not recognise that employee as a delegate.

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

38.2 Delegates' Training

38.2.1 The Company recognises the unions' desire for delegates' training and will cooperate with unions to facilitate release and pay ordinary wages to delegates attending agreed courses in cases where:

(a) there is prior consultation with the Company about the course and the ability to release particular employees from the job;

(b) the course is aimed at improving industrial relations and deals with relevant matters in a positive and responsible manner;

(c) when appropriate, there is an opportunity for Company participation in or contribution to the course. The Company will not unreasonably refuse to release delegates to attend training courses that comply with (a), (b) and (c) of this clause.

39. Payroll Deduction of Union Membership Fees

39.1 The Company shall deduct union membership fees (not including fines or levies) from the pay of any employee, provided that:

39.1.1 the employee has authorised the Company to make such deductions in accordance with subclause 39.1.2 herein;

39.1.2 the union shall advise the Company of the amount to be deducted for each pay period applying at the Company’s workplace and any changes to that amount;

39.1.3 deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

39.1.4 there shall be no requirement to make deductions for casual employees with less than 2 months’ service (continuous or otherwise).

39.2 The employee’s authorisation shall be in writing and shall authorise the deduction of an amount of union fees (including a variation in that fee effected in accordance with the union’s rules) that the union advises the Company to deduct. Where the employee passes any such written authorisation to the union, the union shall not pass the written authorisation on to the Company without first obtaining the employee’s consent to do so. Such consent may form part of the written authorisation.

39.3 Monies so deducted from employees’ pay shall be remitted to the union on either a weekly, fortnightly, monthly or quarterly basis at the Company's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employee’s membership accounts, provided that:

39.3.1 where the Company has elected to remit on a weekly or fortnightly basis, the Company shall be entitled to retain up to 5 per cent of the money deducted; and

39.3.2 where the Company has elected to remit on a monthly or quarterly basis, the Company shall be entitled to retain up to 2.5 per cent of the monies deducted.

39.4 Where an employee has already authorised the deduction of union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

39.5 The union shall advise the Company of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly, or quarterly as the case may be. The union shall give the Company a minimum of two months' notice of any such change.

39.6 An employee may at any time revoke in writing an authorisation to the Company to make payroll deductions of union membership fees.

39.7 Where an employee who is a member of the union and who has authorised the Company to make payroll deductions of union membership fees resigns his or her membership of the union in accordance with the rules of the union, the union shall inform the employee in writing of the need to revoke the authorisation to the Company in order for payroll deductions of union membership fees to cease.

40. Apprentices

Where any provisions of this award, so far as they relate to apprentices, are inconsistent with the provisions of this clause, the provisions of this clause will, to the extent of the inconsistency, prevail.

40.1 Conditions of Employment - The ordinary conditions of employment, including method of payment, award holidays, hours and overtime, will be those contained in this award, provided an apprentice whilst under 18 years of age will not be allowed to work shift work, and an apprentice will not work shift work unless working under the control of a tradesperson in the same trade. An apprentice will not be required to work overtime during the first year of his or her apprenticeship unless he or she is willing to do so.

40.2 Lost Time - The Company may deduct from the wages of an apprentice amounts proportionate to the working time lost by the apprentice in any wage period when suspended under the provisions of subclause 40.3 or owing to his or her absence from the service of the Company, unless such absence is caused by:

40.2.1 the Company's fault;

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

40.2.3 the occurrence of any public holiday prescribed by this award.

40.3 Disciplinary Code

40.3.1 Apprentices may be suspended by the Company without pay during such period of suspension for the following reasons, and subject to the undermentioned limitations of each suspension, viz:

Nature of Offence or Misdemeanour

Disobedience, Laziness, Bad Timekeeping, General Misconduct, etc

First Offence - The apprentice will be cautioned and told that this caution will be noted on his or her history card.

Second Offence - The apprentice may be suspended for a period not exceeding five working days (without pay). Time lost by such suspension will be made up at the end of each year.

Third Offence - The apprentice may be suspended for a period not exceeding ten working days (without pay). Time lost by such suspension will be made up at the end of each year.

Following a suspension, the apprentice may be brought before the Company's Internal Apprenticeship Authority which will admonish the apprentice and advise him or her that the offence or misdemeanour, if persisted in, may lead to cancellation of his or her indenture in accordance with Part 4 of the Apprenticeship and Traineeship Act 2001 (NSW).

Insolence, Wilful Disobedience, Wilful Damage to Property, Neglect of Safety Precautions which may result in injury to themself or fellow employees, Theft, Assault or Other Serious and Wilful Misconduct

First Offence - The apprentice may be instantly suspended for a period not exceeding five working days (without pay). Time lost by such days suspension will be made up at the end of each year.

Second Offence - The apprentice may be instantly suspended for a period not exceeding ten working days (without pay). Time lost by such suspension will be made up at the end of each year.

Following a suspension, the apprentice may be brought before the Company's Internal Apprenticeship Authority which will admonish the apprentice. If such conduct is persisted in, the apprentice may be suspended immediately and his or her indenture may be cancelled in accordance with Part 4 of the Apprenticeship and Traineeship Act 2001 (NSW).

40.3.2 When the Company intends to suspend an apprentice, it will immediately so advise the Commissioner for Vocational Training and the union or unions covering the apprentice's trade.

40.3.3 When the Company suspends an apprentice the suspension will be affected by handing or delivering to the apprentice a notice in writing specifying:

(a) particulars of the offence alleged to have been committed;

(b) the period of suspension;

(d) the address of the Commissioner for Vocational Training; and

(e) that the apprentice is entitled to apply to the Commissioner for Vocational Training at that address, by letter, to have the suspension set aside.

40.3.4 The Company will forward a copy of the notice to the Commissioner for Vocational Training, the union or unions covering the apprentice's trade and to the parent or guardian of the apprentice on the same day as the notice is handed or delivered to the apprentice.

40.3.5 Any purported suspension not effected in accordance with the above will be of no effect.

40.3.6 Nothing in this clause will affect the rights or obligations of any party to the apprenticeship under the Industrial and Commercial Training Act 1989 (NSW).

40.4 Wages

40.4.1 The minimum weekly rates of pay for apprentices are as set out in Table 3 - Apprentices, of Part C - Monetary Rates - Restructured Classifications of this award.

40.4.2 The total wages of apprentices will be calculated to the nearest five cents, any broken part of five cents in the result not exceeding half of five cents to be disregarded.

40.4.3 An employee who is under 21 years of age on the expiration of his or her apprenticeship and subsequently works as a minor in the occupation to which he or she has been apprenticed will be paid at not less than the adult rate prescribed for that classification.

40.4.4 The special rates provisions in this award will apply to apprentices in the trades where tradespersons are paid these special rates.

40.4.5 Tool allowance - A tool allowance will be paid to apprentices as prescribed in Table 3 - Apprentices, of Part C - Monetary Rates - Restructured Classifications of this award. The allowance will apply for all purposes of the award.

40.4.6 Where it was the practice as at 14 December 1979 for the Company to provide all tools ordinarily required by an apprentice in the performance of his or her work, the Company may continue that practice and in that event the allowance prescribed in paragraph 40.4.5 will not apply to such apprentices.

41. Travelling Time and Fares

41.1 Electrical Tradespersons and maintenance non-tradespersons whose usual place of employment is either Springhill or CRM and who are temporarily transferred from one Works to the other by direction of the Company, will be paid for all travelling time and fares reasonably incurred in travelling between their homes and their usual place of employment.

41.2 Such excess time will be paid for at the ordinary rates except on Sundays and Public Holidays when it will be paid for at time and one-half.

41.3 This clause only applies to employees travelling by ordinary public transport.

42. Department Work Redesign Agreements

42.1 Departments within the Company's operations may from time to time make Work Redesign Agreements which include new rates of pay and conditions of employment for employees covered by this award which differ from the provisions contained in Part A - General Conditions and Part C - Monetary Rates - Restructured Classifications of this award. A Work Redesign Agreement will take effect when this award is varied to incorporate the Agreement in Division 2 - Work Redesign Agreements of Part B - Agreements to this award. Upon taking effect, the provisions of a Work Redesign Agreement will prevail over provisions contained in Part A - General Conditions and Part C - Monetary Rates - Restructured Classifications of this award to the extent of any inconsistency.

42.2 The rates of pay contained in Part C - Monetary Rates - Restructured Classifications for each Department's Work Redesign Agreement are inclusive of the adult basic wage prescribed for the purposes of the Industrial Relations Act 1996.

PART B - AGREEMENTS

DIVISION 1 - GENERAL AGREEMENTS

43. Payment for Training

43.1 Scope of Agreement - This agreement applies to Company authorised training to allow employees to:

43.1.1 carry out the full range of duties of his or her current classification; and/or

43.1.2 progress within the appropriate Employee Job Development model;

provided that the employee’s attendance at authorised training has been approved by supervision after consideration of the employee’s and Company’s needs, including operational requirements. Any refusal by supervision to grant such approval is subject to review under the established procedure for resolving industrial claims, issues and disputes or other local arrangements.

This agreement does not apply to training which is generally not associated with:

43.1.3 allowing employees to carry out the full range of duties of his or her current classification; and/or

43.1.4 the appropriate Employee Job Development model,

such as occupational health and safety committee training, trade union training, full time training (eg apprentices) or training such as that covered by the Approved Student and Cadet Schemes and University Degrees.

So far as is reasonably practicable, having regard to operational requirements and the need to minimise labour costs additional to those of the employee’s paid ordinary hours, an employee’s training will be done during the employee’s ordinary hours of work (including where appropriate by rescheduling those hours).

43.2 Payments - Where with the approval of the Company an employee attends training authorised by the Company, the employee’s attendance will be on the following basis:

43.2.1 TAFE and other externally provided training whether conducted on or off the plant:

(a) during ordinary working hours - no deduction from the employee’s ordinary wages;

(b) outside ordinary working hours - attendance and payment at single time payment will be approved in accordance with the needs of the authorised training. Generally this training will not exceed 6 hours per week except that additional training may be approved and single time payment will be made if exceptional training requirements exist.

43.2.2 Other classroom training:

during ordinary working hours - no deduction from the employee’s ordinary wage;

outside ordinary working hours - single time payments.

43.2.3 Computer aided or computer based training during ordinary working hours - no deduction from the employee’s ordinary wage.

43.2.4 Computer aided or computer based training outside ordinary working hours - single time payment for the time spent training up to the maximum of the course duration as determined by the course designer or course coordinator. No payment will be made for time beyond that duration. Any refusal of payment is subject to review under the established procedure for resolving industrial claims, issues and disputes or other local arrangements.

43.2.5 On-the-job training:

(a) during ordinary working hours - no deduction from the employee’s ordinary wage;

(b) outside ordinary working hours - single time payment for the employee’s initial training period. However, once the employee has completed the initial training period and commences experience training the appropriate award overtime rates of pay will apply.

For the purposes of 43.2.5(b) above:

"initial training" is the training which an employee undertakes to the point where the employee’s supervision is satisfied that the employee has acquired sufficient knowledge and understanding of a skill, task or function to perform that skill, task or function; and

"experience training" is the training, if applicable, following initial training during which an employee is gaining experience in the skill, task or function which is required for the purpose of accreditation.

43.3 Repeat Training

43.3.1 If an employee fails to pass an accreditation stage:

(a) but has genuinely applied themself to training (as determined by supervision), supervision will authorise and pay the employee for additional training at a mutually agreed time (which fits in with the employee’s departmental requirements and does not disadvantage other employees);

(b) and has not made a genuine effort (as determined by supervision), the employee will be placed at the bottom of the training waiting list for that training requirement. The employee will not be paid for repeat training outside ordinary working hours, and unless circumstances require a different approach, repeat training will not be arranged during ordinary working hours.

43.3.2 Repeated failure will result in counselling by supervision to determine a solution.

43.3.3 Any disputes arising in relation to 43.3.1(a), 43.3.1(b) and 43.3.2 will be progressed through the established procedure for resolving industrial claims, issues and disputes or other local arrangements.

43.4 Refresher Training - In the case of an employee who is undertaking authorised refresher training (eg a forklift driver who has not driven a forklift for 5 years), the employee will receive payment in accordance with the appropriate payment for training provision in 43.2.

43.5 Definitions

43.5.1 "ordinary working hours" means:

the employee’s normal working hours in the case of a Day Worker;

the employee’s rostered on shifts in the case of a Shift Worker;

the employee’s rescheduled rostered on shifts in the case of a Shift Worker whose shifts have been rescheduled for the purposes of approved training.

43.5.2 "ordinary wage" means the employee’s ordinary award rate and the applicable overaward or bonus for the employee's classification under clause 6, Rates of Pay, where applicable includes:

(a) shift allowance under clause 15, Shift Work Allowances for Shift Workers;

(b) weekend premiums;

It excludes:

(d) disability rates, under clause 9, Disability Rates, if these are not experienced.

It is paid for time spent in tuition, travelling and examination only.

43.5.3 "single time payment" means the employee’s ordinary award rate and applicable overaward or bonus for the employee's classification, under clause 6, Rates of Pay. It excludes:

(a) shift allowance under clause 15, Shift Work Allowances for Shift Workers;

(b) weekend premiums, under clause 16, Saturday Rates of Shift Workers, and clause 18, Sunday and Public Holiday Rates;

(d) disability rates, under clause 9, Disability Rates; and

(e) overtime, under clause 22, Overtime.

It is paid for the time spent in tuition and examination only.

43.5.4 "classroom training" means training conducted by a trainer, supervisor or other suitably qualified person in any training centre, conference room, crib room or office.

43.6 Miscellaneous

43.6.1 An employee is training until he or she receives accreditation for the skills being learned.

43.6.2 Where an employee is required to travel from work, during ordinary working hours, to attend TAFE or other externally provided training, or travel from training back to work, the employee will be allowed up to 30 minutes travelling time. This travelling time will be paid at the employee’s ordinary wage. If the travelling time is outside the employee’s ordinary working hours, no payment will be made.

43.6.3 Employees will not be expected to work excessive hours and attend at the same time (ie an employee will not be expected to work and train on sequence of doublers).

43.7 Exceptions to subclause 43.2

43.7.1 If an employee is required to attend authorised training outside ordinary working hours on a Saturday, Sunday, Public Holiday, or rostered day off, the employee will be entitled to the appropriate penalty payments, or by agreement, time off in lieu.

For the purposes of 43.7.1:

(a) "appropriate penalty payments" means the appropriate award overtime payments, under clause 22, Overtime, clause 16, Saturday Rates of Shift Workers and clause 18, Sunday and Public Holiday rates;

(b) shift allowance is not paid on any shift; and

(c) "time off in lieu" is equal or single time, not penalty time (eg. if an employee trains for 8 hours on Saturday and it is agreed that the employee has time off in lieu, the employee has 8 hours off work).

43.7.2 Employees attending authorised training on compulsory "ring roster days" or "21st shifts" will be paid according to his or her roster (i.e. overtime rates).

43.7.3 Employees asked to remain at work or attend work outside his or her ordinary working hours for the purpose of performing work will be paid overtime. If, during such work, training is carried out (eg. during a mechanical breakdown) the employee will continue to be paid overtime for the training period.

43.7.4 No payment will be made for:

(a) time spent in personal study and/or private tuition;

(b) time spent enrolling in authorised external courses (eg TAFE);

(d) waiting time between courses;

(e) time spent on text based self-guided learning.

43.8 Payment of Course Fees - Unless an employee has failed to complete training through insufficient effort or application the Company will reimburse to the employee the cost of any authorised training fees associated with authorised training. Textbooks and other material associated with the training will be paid by the employee.

43.9 Award Provisions - The following provisions of this award continue to apply to employees required to train:

43.9.1 clause 20, Transfer of Day Workers from Day Work to Shift Work; and

43.9.2 clause 22.3.7, Transport Home, of clause 22.

44. Lump Sum Payment Scheme

44.1 Purpose of the Agreement - This clause provides for a quarterly Lump Sum Payment directly related to business performance improvement measured against performance indicators.

The purpose of the agreement is to:

44.1.1 Reinforce commitment to the understandings to work to ensure a viable steel making industry at Port Kembla.

44.1.2 Assist in achieving the Company's critical business objectives. In this regard the parties commit themselves to co-operating in measures to achieve and maintain world class steel operations.

44.1.3 Recognise the contribution of employees to improved performance when this has occurred.

44.2 Payment - Lump Sum Payments will be made to all employees of the Company on the payroll at the end of that quarter for which the payment is made, except employees off work on non-accident pay workers' compensation. This performance recognition payment will be calculated as a percentage of total gross earnings, as defined.

Employees who leave the Company during the period, will not be eligible for payment.

44.3 Principles of Payments System - The terms of the performance improvement recognition payments system are:

44.3.1 In addition to other payments, there will be a quarterly performance recognition payment directly related to reasonably achievable business performance improvements measured against the agreed performance indicator.

The agreed performance indicator at Springhill and CRM will be determined by the Company following consultation with the unions who are party to this award.

44.3.2 The performance recognition payments will be paid at the end of each quarter and will be calculated as a percentage of total gross earnings.

For this purpose, total gross earnings does not include payments in respect of absences on workers' compensation by employees not in receipt of accident pay or termination payments or performance recognition payments paid during the quarter but related to a previous quarter.

44.3.3 The percentage of total gross earnings to be paid will be determined by reference to the actual performance measured against the 4.5 per cent target performance indicator.

44.3.4 On achievement of the agreed performance targets, 4.5 per cent of total gross earnings as defined for the purpose of the Scheme, with payments varying above and below this amount possible depending on performance.

The maximum quarterly payment to be made under this Scheme will not exceed 5.5 per cent of gross earnings.

44.3.5 Payments will be included in the direct deposit and (itemised separately) on the pay docket of the first administratively convenient pay fortnight following the end of a quarter. Payments will be taxed at the individual's appropriate marginal rate in the pay fortnight in which the payment is made. The payments, including tax deductions, will be included in each employee's Group Certificate.

44.4 Required Actions - The parties acknowledge that the continued viability of Springhill and CRM is dependent upon taking continual steps to reduce total costs, increase prime product tonnes, and promote adherence to agreed dispute settling procedures.

DIVISION 2 - WORK REDESIGN AGREEMENTS

45. Metal Coating Lines

45.1 Production Support - Metal Coating Lines

45.1.1 Application

(a) This agreement applies to all employees of BlueScope Steel Limited employed in the Production Support section in the Metal Coating Lines Department under the classifications contained in Item 1 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications.

(b) The parties agree that this agreement will have no application to and will in no way create a claim for flow on of salaries and conditions provided for in this agreement to employees in the Company or any other department or division unless by agreement.

45.1.2 Team Values - The following values have been agreed to provide a shared framework for the successful operation of each team. Their application will complement the direction and values of the Metal Coating Lines:

(a) Safety - Safety is the Number 1 focus for all.

(b) Customers - Do everything we can to satisfy our customers’ needs.

(d) People - Value, recognise and develop our people.

(e) Fairness - Give everyone a fair go. Treat people equally and consistently.

(f) Respect - Have respect and care for the individual, the company and the community.

(g) Honesty - Be open, honest and trustworthy.

45.1.3 Hours of Work - The 12 hour 7 day continuous shift roster to be implemented as part of the team work system has been agreed by the parties.

(a) The standard hours of work shall be an average of 38 hours per week.

(b) The shift system being worked may be varied after consultation to suit the circumstances of the operation.

(d) Under normal operational requirements, a maximum of four additional hours may be worked immediately following a 12 hour ordinary shift.

(e) Where 12 hour shifts are worked, two meal breaks will be taken. The team will determine the timing of such breaks, having regard to work requirements.

(f) The team will be responsible for ensuring that relief at the change of every shift occurs with no disruption to operations.

45.1.4 Additional Hours ‑ All employees will receive a prepaid allowance for additional hours and will be required to work additional hours to cover absences and meet operational requirements. It is the defined work team's responsibility to establish a fair system to ensure that all such events are defined and covered. These arrangements ensure that a full labour complement is available at the commencement of every shift. Records will be kept on all hours worked and a review of the additional work hours payment will be made as required. Employees will be entitled to an additional payment provided it is within the following guidelines:

Where 80 per cent of employees in a defined work team have each worked more than their pre-paid additional work hours in a 13 week period, then each individual who has exceeded these hours will be paid at the rate of double time for those hours in excess of the pre-paid hours. The base rate for their classification will be used for this calculation (refer Item 1 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications).

45.1.5 Public Holidays Falling During Annual Leave - The additional payment component of the annualised salary includes payment for all public holidays falling during periods of annual leave.

45.1.6 Sick Leave - Employees are expected to attend work regularly. Discretionary sick leave provides an insurance that an employee who is unable to attend work because of a genuine illness will continue to receive their salary as per Item 1 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications. Employees will be required to provide a medical certificate or other evidence where the absence is more than two days or more than a total of five single days in any year or where a marked pattern of absences is developing.

In instances where an individual continually abuses the sick leave provisions the team and management jointly have the discretion to withhold payment for the absence.

Requirements for extended periods of sick leave will be considered jointly by the team and/or management, taking into account:

(a) the circumstances and nature of the illness or injury; and

(b) the history of work performance and attendance.

45.1.7 Annualised Salaries - General - All employees working as part of the Production Support Teams at the Metal Coating Lines under the classifications listed in Item 1 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications, will be paid an annualised salary.

The annualised salary will:

(a) provide a stable income, with a standard pay on a fortnightly basis for the individual;

(b) reduce inefficiencies by building in payment for a set number of additional hours; and

The annualised salary is made up of four components:

(d) Base Rate - Payment includes the award wage and overaward (bonus) payments.

(e) Additional Payments - Payment for all public holidays (worked and rostered).

(f) Shift Work Payments and Penalties - Payments for all disabilities and disturbances associated with shift work and the working of regular rostered shifts on weekends.

(g) Additional Work Hours - Payment for work undertaken as required outside ordinary shift or day hours.

(h) The calculation of this annualised salary is contained in Item 1 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications.

45.1.8 Annualised Salaries - Rates - Employees will be paid salaries in accordance with Item 1 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications. All salaries will be paid fortnightly by electronic funds transfer directly into an account nominated by the employee with a bank, building society, credit union or other financial institution recognised by the Company.

46. Maintenance

46.1 Springhill Maintenance Support

46.1.1 Application

(a) This agreement applies to all employees of BlueScope Steel Limited employed in the Springhill Maintenance Support department under the classifications contained in Item 2 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications.

46.1.2 Team Concept - The Springhill Maintenance Support group are committed to effectively using departmental employees to work on down days to minimise contract labour and reduce maintenance costs while managing existing shop work in an efficient and economical manner.

46.1.3 Hours of Work - The hours of work for the group is based on a 5 day a week 8 hour day operation. This currently provides the best strategic coverage of the Springhill maintenance needs.

The standard hours of work shall be 38 hours per week.

By mutual agreement within a team, the start and finish times may be changed to better service down days, and any other particular work requirements.

Team members working on plant down days who finish their teams scope of work inside the allotted 8 hour day will return to the workshop and complete their shift by carrying out other duties within the department's normal scope of work.

Flexible shift arrangements are a part of this redesign and they can occur where there has been adequate forward planning. The flexibility of shifts should be arranged having regard to the capability of the department to perform both shop work and down day workload. Adequate notice of 48 hours should be given to employees of the requirement to change shifts. This should be shared amongst the various teams and their team members. Flexible shifts will be worked on the same day as the employee’s normal shift.

46.1.4 Additional Hours ‑ All employees will receive a prepaid allowance for additional hours and will be required to work additional hours to meet operational and departmental work requirements. It is the work team's responsibility to establish a fair system to ensure that adequate labour is available to undertake the required work. Records will be kept on all hours worked and a review of the additional work hours payment will be made as required. Employees will be entitled to an additional payment provided it is within the following guidelines:

Where 80 per cent of employees in a defined work team have each worked more than their pre-paid additional work hours in a 13 week period, then each individual who has exceeded these hours will be paid at the rate of double time for those hours in excess of the pre-paid hours. The base rate for their classification will be used for this calculation (refer Item 2 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications).

46.1.5 Overtime Meals ‑ There are no entitlements to the provision of a meal allowance, or a suitable meal free of cost under clause 22, Overtime of Part A - General Conditions for employees under this Agreement.

46.1.6 Sick Leave - Employees are expected to attend work regularly. Discretionary sick leave provides an insurance that an employee who is unable to attend work because of a genuine illness will continue to receive their salary as per Item 2 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications. Employees will be required to provide a medical certificate or other evidence where the absence is more than two days or more than a total of five single days in any year or where a marked pattern of absences is developing.

In instances where an individual continually abuses the sick leave provisions the team and management jointly have the discretion to withhold payment for the absence.

Requirements for extended periods of sick leave will be considered jointly by the team and/or management, taking into account:

(a) the circumstances and nature of the illness or injury; and

(b) the history of work performance and attendance.

46.1.7 Annualised Salaries - General - All employees working as part of the Springhill Maintenance Support teams under the classifications listed in Item 2 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications, will be paid an annualised salary.

The annualised salary will:

(a) provide a stable income, with a standard pay on a fortnightly basis for the individual;

(b) reduce inefficiencies by building in payment for a set number of additional hours; and

The annualised salary is made up of four components:

(d) Base Rate - Payment includes the award wage and overaward (bonus) payments.

(e) Additional Payments - Payment for allowances and loading under clause 8, Special Rates (All Purpose), clause 9, Disability Rates and clause 26, Annual Leave.

(f) Additional Work Hours - Payment for work undertaken as required outside ordinary hours.

(g) The calculation of this annualised salary is contained in Item 2 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications.

46.1.8 Annualised Salaries - Rates - Employees will be paid salaries in accordance with Item 2 of Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates - Restructured Classifications. All salaries will be paid fortnightly by electronic funds transfer directly into an account nominated by the employee with a bank, building society, credit union or other financial institution recognised by the Company.

PART C

MONETARY RATES - RESTRUCTURED CLASSIFICATIONS

Table 1 - Restructured Ironworker Rates of Pay

Description	Rate of pay per 38-hour week from the first
	pay period commencing on or after
	18 March 2005
	($)
1. Metal Coating Lines Department
Entry Level	580.20
Level 1	617.30
Level 2 Entry	649.50
Level 2 Delivery	665.60
Level 3 Entry	681.80
Level 3 Delivery	701.00
Level 4 Entry	720.30
Level 4 Delivery	739.70
Senior Operator	799.60
Production Support
Entry Level	569.20
Level 1	604.50
Level 2	633.30
Level 3	649.50
Senior Operator	799.60
2. Uncoated Department
Coupled Pickle Cold Mill
Learner Operator	597.40
Operator 1	664.60
Operator 2	700.80
Operator 3	739.10
Operator 4 Relief Roller	792.40
Roll Shop Operator	609.30
3. Painting and Finishing Department
No. 3 Paintline
Operator 1	602.40
Operator 2	624.40
Operator 2A	625.10
Operator 3	665.60
Operator 4	715.90
Operator 5	739.70
Finishing
Entry Level Operator	546.50
Operator Level 1	591.50
Operator Level 2	672.90
Operator Level 3A	698.70
Operator Level 3	727.40
Finishing Department Facilitator	799.60
4. Maintenance
Maintenance Ironworkers
Maintenance Ironworker - Level 1	563.50
Maintenance Ironworker - Level 2A	578.60
Maintenance Ironworker - Level 2	609.30
Maintenance Ironworker - Level 3	640.10

Table 2 - Graded Trades Rates of Pay

	Rate of pay per 38-hour week from the first
	pay period commencing on or after
	18 March 2005
	$
1. Electrical Trades (inclusive of a tool allowance of
$11.80 per 38-hour week)
Electrical Tradesperson (E) Base Level	699.30
Electrical Tradesperson (E) Level 1	723.90
Electrical Tradesperson (E) Level 2	753.90
Electrical Tradesperson (E) Level 3	783.50
Electrical Tradesperson (E) Level 4	815.70
Electrical Tradesperson (E) Level 5	834.80
Electrical Tradesperson (E) Level 6	881.90
2. Mechanical Trades (inclusive of a tool allowance of
$11.80 per 38-hour week)
Graded Tradesperson (M) Base Level	681.70
Graded Tradesperson (M) Level 1	705.30
Graded Tradesperson (M) Level 2	734.10
Graded Tradesperson (M) Level 3	762.90
Graded Tradesperson (M) Level 4	794.10
Graded Tradesperson (M) Level 5	812.20
Graded Tradesperson (M) Level 6	857.30

Table 3 - Apprentices

Rate of pay and tool allowance per 38-hour week from the first pay period commencing on or after 18 March 2005

1. Four Year Term	Rate of Pay	Tool Allowance
	($)	($)
Apprentice 1st Year	279.85	5.05
Apprentice 2nd Year	361.20	6.50
Apprentice 3rd Year	480.80	8.75
Apprentice 4th Year	551.25	10.15
2. Three Year Term	Rate of Pay	Tool Allowance
	($)	($)
Apprentice 1st Year	320.55	5.80
Apprentice 2nd Year	480.80	8.75
Apprentice 3rd Year	551.25	10.15

Table 4 - Annualised Salary Rates of Pay

Item 1. Production Support

Rates of Pay for Production Support Operators (Annualised) - From the first pay period commencing on or after 18 March 2005

Level	Weekly	Annual	Additional	Shift Work	Additional	Total	Total
	Base Rate	Base Rate	Payments	Payments	Work Hours	Annual	Weekly
				and Penalties	Payment	Rate	Rate
	$	$	$	$	$	$	$
Entry	740.30	38494.50	3214.37	12475.28	12064.67	66248.82	1274.01
Level 1	809.50	42091.80	3514.74	13327.28	13143.38	72077.21	1386.10
Level 2	847.30	44058.90	3679.01	13793.17	13733.25	75264.33	1447.39
Level 3	898.20	46705.20	3899.98	14419.94	14526.82	79551.94	1529.85

Item 2. Springhill Maintenance Support

Rates of Pay for Springhill Maintenance Support employees (Annualised) - From the first pay period commencing on or after 18 March 2005

Mechanical Tradespersons

Level	Weekly	Annual Base	Additional	Additional	Total	Total
	Base Rate	Rate	Payments	Work Hours	Annual	Weekly
				Payment	Rate	Rate
	$	$	$	$	$	$
Base	873.20	45406.50	1583.89	13906.19	60,897.08	1171.09
Level 1	904.80	47047.60	1609.13	14406.61	63,063.74	1212.75
Level 2	933.60	48547.40	1632.21	14863.94	65,043.15	1250.83
Level 3	974.30	50666.60	1664.81	15510.17	67,841.98	1304.65
Level 4	1,005.50	52285.90	1689.72	16003.97	69,979.69	1345.76
Level 5	1,023.60	53226.00	1704.19	16290.63	71,220.82	1369.63
Level 6	1,068.70	55573.50	1740.30	17006.46	74,320.76	1429.24

Electrical Tradespersons

Level	Weekly	Annual Base	Additional	Additional	Total	Total
	Base Rate	Rate	Payments	Work Hours	Annual	Weekly
				Payment	Rate	Rate
	$	$	$	$	$	$
Base	919.20	47797.50	1620.67	14635.28	64,052.95	1231.79
Level 1	951.80	49492.90	1646.75	15152.26	66,292.01	1274.85
Level 2	981.80	51052.40	1670.75	15627.83	68,350.57	1314.44
Level 3	1,023.40	53215.20	1704.02	16287.32	71,206.34	1369.36
Level 4	1,055.60	54888.80	1729.77	16797.67	73,416.44	1411.85
Level 5	1,074.70	55883.30	1745.07	17100.91	74,728.98	1437.10
Level 6	1,121.60	58328.60	1782.69	17846.56	77,958.25	1499.19

Maintenance Ironworkers

Level	Weekly	Annual Base	Additional	Additional	Total	Total
	Base Rate	Rate	Payments	Work Hours	Annual	Weekly
				Payment	Rate	Rate
	$	$	$	$	$	$
Level 1	725.10	37706.50	1465.42	11558.20	50,730.63	975.58
Level 2	740.30	38494.50	1477.55	11798.47	51,770.01	995.58
Level 2A	781.30	40630.00	1510.40	12449.67	54,590.07	1049.81
Level 3	824.30	42863.40	1544.76	13130.71	57,538.47	1106.52

Table 5 - Other Rates and Allowances

Item	Clause	Brief Description				$
No	No
	8	Special Rates -
1	8.1	Electrical Trades Licences -
		Qualified Supervisor’s Certificate (Electrician) Allowance				28.40
		Certificate of Registration (Electrician) Allowance				15.30
2	8.2	Scaffolder’s Licence -
		Certificate of Competency as a Scaffolder:
		Class 1 or 2				7.70
		Class 3 or 4				4.40
	9	General Disability Rates -
3	9.1.1	Hot Places -				Per Hour
		Temperature raised artificially to between 46 and 54 degree Celsius				0.42
		Temperature exceeds 54 degrees Celsius				0.52
4	9.1.2	Wet Work -
		All employees				0.42
5	9.1.3	Dirty Work -
		Mechanical and electrical tradespersons and maintenance non-				0.42
		trades employees
6	9.1.4	Restrictive Spaces -
		Electrical and Mechanical tradespersons and maintenance non-				0.52
		trades employees
7	9.1.5	High Places -
		Electrical tradespersons				0.30
8	9.1.6	Explosive Powered Tools -
		Electrical and Mechanical tradespersons and maintenance non-				0.15
		trades employees
		Minimum payment				1.06
	9.1.7	Toxic Substances ‑				Per Hour
9		Quantities of 0.5 kg or over				0.54
10		Working in close proximity to employees so affected				0.46
	15	Shift Work Allowances for Shift Workers -
11	15.1.1	Shift Workers whilst working rotating shift				64.60
	15.1.1(a)	When at least one-third of working time in the full cycle of the				43.10
12		roster is not on day shift
13	15.1.2	Rotating Shift Worker when engaged under a roster system which
		does not provide for at least one-third of working time in the full
		cycle of the roster on day shift
		(a)		day shift, night shift		64.60
		(b)		day shift, afternoon shift		55.00
		(c)		day shift, day shift, afternoon shift		55.00
		(d)		day shift, day shift, night shift		55.00
14	15.1.3		Shift Workers working shift work on shift systems as follows:
			(a)		night shift, afternoon shift	85.90
			(b)		night shift only	85.90
			(c)		afternoon shift only	85.90
15	15.1.4		Shift Workers who work any afternoon shift or night shift other			25.90
			than under 15.1.1, 15.1.2 and 15.1.3 above and not paid in respect
			of any day shift worked
16	22.3.4,		Overtime, meal allowance -			9.40
	22.3.5(b)
	and
	22.3.6

PART D

APPENDIX - UN-RESTRUCTURED CLASSIFICATIONS

A. Application

The clauses contained in this appendix apply only to those classifications listed in clause E, Rates of Pay - Un-restructured Classifications, of this appendix.

B. Leading Hands

Employees appointed by the Company as leading hands will be paid additional amounts as set out below.

Leading Hands -	From first pay period commencing on or
	after 18 March 2005 per 38-hour week
	$
Production Leading Hands:
If in charge of not more than five employees	21.10
If in charge of more than five but not more than	31.80
fifteen employees
If in charge of more than fifteen	44.60
Maintenance Leading Hands:
If in charge of not less than three and not more	29.10
than ten employees
If in charge of more than ten and not more than	43.80
twenty employees
If in charge of more than twenty employees	55.90

C Mixed Functions

Unless otherwise specified, the following will apply:

C.1 Employees who are required to do work carrying a higher rate than his or her ordinary classification for 2 hours or more on any day or shift, will be paid at the higher rate for the whole of the day or shift.

C.2 Subject to C.1 of this clause, an employee, who on any day or shift is required to do work of a higher paid classification for at least 1 hour, will be paid the rate prescribed for such work whilst so engaged.

C.3 Employees required to do work carrying a lower rate than his or her ordinary classification will be entitled to payment at the rate of his or her ordinary classification except:

C3.1 Where, because of a strike by fellow employees in the establishment in which this person is employed, work in his or her ordinary classification is not available and where the period spent on the work carrying the lower rate is at least 1 hour; and

C3.2 In respect of work on overtime, where the period spent on the work carrying the lower rate is at least 1 hour.

C3.3 This specifically excludes employees working in restructured departments within a graded ironworker structure.

D. Tool Allowance

Tradespersons - A tradesperson will be paid an allowance as set out below per 38-hour week for supplying and maintaining tools ordinarily required in the performance of his or her work as a tradesperson. The allowance will apply for all purposes of the award.

Tool Allowance	Rate of pay per 38-hour week from first pay
	period commencing on or after 18 March
	2005
	$
Mechanical Tradesperson	11.80
Electrical Tradesperson	11.80

E. Rates Of Pay - Unrestructured Classifications

	Rate of pay per 38-hour week from first pay
	period commencing on or after 18 March 2005
	$
1. Metal Coating Lines Department
Operator	704.90
Seals Furnace Operator	643.00
Pot Operator	643.00
Reclassing Operator	676.70
Crane Driver	593.70
Crane Chaser	565.80
2. Maintenance
Mechanical Trades
Senior Tradesperson - Boilermaking	740.50
Senior Tradesperson - Fitting	729.60
Boilermaker	658.20
Fitter	658.20
Turner	667.90
Welder - Special Class	667.90
Welder 1st Class	658.20
Roll Grinder	658.20
Maintenance Non-Trades
Plant Greaser	554.60
Employee directly assisting engineer	539.60
Tradesperson, Blacksmith tradesperson,
Boilermaker Tradesperson and Steel Construction
Tradesperson
Assistant to Electrical Tradesperson	550.00
Water Treatment Officer	676.20
3. Miscellaneous
Clerk Grade 1	698.90
Clerk Grade 2	669.40
Clerk Grade 3	653.90
Clerk	637.10
Forklift Driver	593.70
Raw Coil Coordinator (CPCM)	666.00
General Labourer	535.40

PART E - SCHEDULE

SCHEDULE 1 - SPRINGHILL PROCEDURE TO MEET URGENT CUSTOMER NEEDS

Operation and Intent

This procedure prescribes how clause 37 - Regulation of Disturbances to Production and Supply, and particularly subclause 37.4 - Meeting Urgent Customers Needs of this Award is to be implemented at Springhill Works.

This procedure applies where there is a need to supply customers with urgent orders, so as not to affect their normal operations, during the unlikely event of an industrial dispute.

All disputes and issues should be resolved in accordance with the dispute settling procedure and without recourse to industrial action that would adversely impact on those customers.

Procedure

1. Advising Industrial Disputation - in the unlikely event of industrial action occurring, employee representatives and/or union officials will immediately advise the Painting and Finishing Manager that employees have voted to go on strike, before employees leave the site.

2 Immediate Despatch Discussions - before employees leave the site as a result of the industrial action, employee representatives and/or union officials will hold a discussion with Company officers in relation to urgent orders and/or maintenance work which is necessary to allow urgent despatch (eg fork lift or crane maintenance). This discussion will generally involve:

(a) PFD Manager and/or PFD Operations Co-ordinator;

(b) finishing employee representative and/or Paintline employee representative;

(d) Customer Service Officer(s).

The minimum number of employees, to safely and efficiently complete the urgent despatch work will remain at work until these discussions are held and items despatched. It is anticipated that any required maintenance personnel would only need to remain at work during such discussions if there is incomplete maintenance work that must be finished to allow urgent despatch of product.

All other circumstances where trades persons may need to attend to equipment issues to ensure urgent despatch continues can be dealt with under point 4 of this procedure.

3. Urgent Despatch List - so as not to affect a customer's normal operations and cause a stock out of any product (as per the definition in clause 37.4.11 of this Award), a list of urgent despatch items already packed and awaiting despatch, will be prepared by the Customer Service Officer. This list will include two groups of customers:

(a) STOCKSAVER Customers: customers on Stocksaver have their inventory levels managed by the Company via Customer Care. Current customers on this system include:

Lysaght (Building Products)

Stramit

Metroll

ExoSteel (Fielders)

Those customers on Stocksaver whose inventory for a particular product reflects a negative free in store stock level are deemed to be "stocked out" and requiring urgent despatch.

(b) Non-STOCKSAVER Customers: customers may have their inventory managed by KANBAN (Just‑In‑Time) (eg Electrolux), by nominal lead‑time offers, or by other ordering methods. For these customers, the Customer Service officer will highlight critical despatches required on an ongoing basis to ensure that a stockout of a particular product which would affect the customers normal operations does not occur.

The Customer Service Officer will prepare a list of urgent despatches, for the above groups of customers. The report will contain details of the following:

name of the customer;

product and quantity required;

destination for delivery; and

when it will be required.

The items as determined by Customer Services must be despatched. Where there is disagreement about urgent items, this will be discussed when employees return to work (see point 8).

This Customer Service report will be provided to the relevant employee representatives and/or union officials at the despatch discussions (see point 2 above). It will also be faxed to the relevant union office(s).

4. Despatch of Urgent Orders - the items listed in the Customer Service report will be despatched at approximately the commencement of each shift, ie 6.30am - dayshift , and 6.30pm - nightshift, on the following basis:

(a) Roster: Employees should agree on a roster to determine who will stay, or come in to work, to perform the necessary tasks to despatch the urgent orders. This roster should be made available to employees so they are aware when they are required. These employees must attend or organise another employee to swap their place in the roster.

(b) Manning: A minimum number of employees will be made available as is required to safely and efficiently carry out the despatch work.

(c) Time at Work: Employees will only be required to work for the time it takes to organise and complete the despatch of items.

(d) Payment: Employees will be paid the appropriate award rates for the time they are at work performing urgent despatch, rounded to the nearest 15 minutes.

(e) Despatch methods: Despatch will occur either by truck, or rail, direct to the customer, or via a warehouse facility. Transportation (ie trucks and trains) will be organised to be available at the start of each shift to despatch these items and minimise delay.

5. Ongoing Discussions - discussions will be held regarding urgent despatch on an ongoing basis throughout the period of the industrial action, and will occur at 6.30am each morning, and 6.30pm each night, or as otherwise necessary (refer to point 2).

6. Residual Processing Work - there may be instances where some residual work needs to be completed to allow urgent orders to be processed and despatched. This could include shearing, levelling, inspecting and packing, or the completion of a run/batch of product at the CPCM, MCL or Paintline. Discussions will be held with a view to reaching agreement to perform this residual work. If no agreement is reached either party may seek the assistance of the Industrial Relations Commission of New South Wales.

7. Maintenance Work - Springhill Maintenance Support who service all Springhill cranes, and PFD Maintenance, will be required to perform any necessary work on equipment to allow the despatch of urgent items. This will include situations where those groups are on strike themselves. Arrangements in clause 4 (above) applies to these situations.

The performance of maintenance work also includes contractors required to repair/maintain despatch related equipment (eg fork lifts).

8. Disagreement Regarding "Urgent Orders" - where a disagreement arises concerning urgent orders, orders as determined by the Customer Services Officer must still be despatched. Either during the stoppage or at the conclusion of the industrial disputation and employees have returned to work, a discussion will be held which will generally involve Customer Service/Logistics, Operations, Union Officials and Employee Representatives in an effort to resolve the disagreement. If the parties are unable to agree, then the issue will be referred to the NSW IR Commission for resolution. If there is a disagreement about what is urgent during strike action, the despatch of product will continue even once the IRC is involved.

9. Areas not on Strike - whilst PFD employees are on strike, all other areas of the site will continue to perform their normal work. This may require product to be placed in other areas and/or transported to allow operations to continue for as long as possible. This includes planned maintenance work being performed in the area(s) of the employees on strike.

10. Redress if product is not urgent - if during the process described in point 8 above it has been demonstrated that the Company knowingly had product despatched that was not urgent (by definition of clause 37.4.11 of this award ), the Unions may make application to the Industrial Relations Commission of New South Wales of an industrial dispute for the removal (in part or whole) of the Urgent Despatch provisions (sub clause 37.4). The unions bear the onus of making out a case for such removal. The Commission's determination shall be binding on the parties.

M. J. WALTON J, Vice-President.

____________________

Printed by the authority of the Industrial Registrar.

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