(708)

SERIAL C4059

OMYA (AUSTRALIA) PTY LIMITED - BATHURST

ENTERPRISE AWARD 2005

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Omya Australia Pty Ltd.

(No. IRC 4846 of 2005)

Before Mr Deputy President Sams

23 September 2005

AWARD

1. Title

This award shall be known as the Omya (Australia) Pty. Limited - Bathurst -Enterprise Award 2005.

2. Arrangement

Clause No. Subject Matter

1. Title

2. Arrangement

3. Parties Bound

4. Scope of Award

5. Relationship to Parent Award & Enterprise Agreements

6. Date and Period of Operation

7. Aim of Award

8. Classifications

9. Pay Rates

10. Joint Consultative Committee

11. Hours

12. Overtime

13. Holiday Leave & Other Leave

14. Respirators, Protective Clothing

15. Grievance Procedure

16. Disciplinary Procedure

17. Training

18. Job Security and Redundancy

19. Contract of Employment

20. Anti-Discrimination

21. Declaration

22. Future Negotiations

23. No Extra Claims

PART B

RATES AND ALLOWANCES

Table 1 - Rates of Pay

Table 2 - Allowances

Appendix A - Classification Structure

3. Parties Bound

This Award shall be binding upon:

Omya (Australia) Pty Limited (the "Company") in respect of its operations located at Vale Road, Bathurst, and Cow Flat, Bathurst;

The Australian Workers Union, New South Wales ( the "AWU");

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (NSW Branch) (the "AMWU"); and

The Electrical Trades Union of Australia, New South Wales Branch (the "ETU").

The AWU, the AMWU and the ETU are referred to in this Award as the "Unions."

4. Scope of Award

4.1 This Award shall apply to employees of Omya (Australia) Pty. Limited at the Vale Road Bathurst plant engaged in the milling, pulverising, coating, packaging and despatch of limestone and maintenance who are members or eligible to be members of one or other of the Unions and who are employed in one or other of the Production and Maintenance classifications set out in Appendix A of this Award. (hereinafter referred to as "Production and Maintenance employees").

4.2 This Award shall also apply to employees engaged in quarrying at the Bathurst quarry who are members or eligible to be members of one or other of the Unions and who are employed in one or other of the Quarry Worker classifications set out in Appendix A of this Award.(hereinafter referred to as "Quarry employees").

5. Relationship to Parent Awards

This Award rescinds and replaces in total the terms and conditions of the Omya (Australia) Pty Ltd Bathurst Enterprise Award 2002.

This Award will be read in conjunction with the following Awards:

the Metal Engineering and Associated Industries (State) Award;

the Electricians (State) Award; and

the Quarrying Industry (State) Award.

In the event of any inconsistency with the above awards, this Award, namely the Omya (Australia) Bathurst Enterprise Award 2005, will operate to the extent of the inconsistency. Otherwise the said award shall apply.

6. Date and Period of Operation

6.1 This Award shall commence on 23 September 2005 and shall remain in force until 21 July 2008.

6.2 This award rescinds and replaces the Omya Australia Pty Limited Bathurst Enterprise Award 2002 published 24 January 2003 (338 I.G. 7).

6.3 The parties agree that if at any time after 21 January 2008 one or more of the Unions serves a letter on the Company requesting the commencement of negotiations for a new award, then the Company must commence those negotiations within 14 days of receipt of such a letter.

7. Aim of Award

7.1 This Award aims to further develop a flexible and multi-skilled workforce allowing a "team" approach to all activities. This team approach allows any employee to perform any task on site for which that employee is appropriately trained.

7.2 The parties acknowledge that the Company engages contractors from time to time at the Bathurst quarry to provide services that, by determination of the Company, are more efficiently provided by external contractors. This practice, at the determination of the Company, shall remain. Vale Road maintenance employees may also continue to be utilised for quarry maintenance if required.

8. Classifications

8.1 Workplace Skills and Activities

The following are workforce skills/activities which employees may be asked to perform. No-one shall be asked to perform any activities without adequate training.

Communication skills

Occupational Health and Safety

Production and Process

Product Packaging

Material Handling

Despatch of Product

On-line Minor Maintenance and Lubrication

Complete Maintenance (Electrical and Mechanical)

Problem Solving/Team Skills

Quality, Sampling and Testing

Instructing and Training

Leading Hand and Supervisory

Specialist Skills

General Duties: cleaning, amenities, grounds

8.2 Utilisation of Skills

(a) Employees shall be employed to carry out such duties as may be directed by the Company from time to time subject to the limits of their skill, competence, training and obligations of the Occupational Health and Safety Act 2000 (NSW).

(b) The purpose of requiring employees to work in any or all of these areas is to promote flexibility in skill utilisation and not to promote deskilling.

(c) Any employee may at any time carry out such duties and use such tools and equipment as may be directed by the Company provided that the employee has been properly trained in the use of such tools and equipment.

(d) The parties agree that employees at the Bathurst quarry may undergo training to become qualified and proficient in all operations of the quarry including training in Front End Loader operation and Excavator operation.

(e) Disputes arising in relation to the operation of this clause shall be dealt with in accordance with Clause 15 Grievance Procedure following prior consideration of the issue in accordance with the consultative mechanism in Clause 10.

8.3 Classification Structure

Employees shall be classified in accordance with Appendix A. Two classification structures shall apply for:

Production and Maintenance employees; and

Quarry employees.

8.4 Progression and Entry to Work Team

All employees will be encouraged and assisted to progress to the highest level personally attainable consistent with the needs of the workplace and employees’ career paths.

9. Pay Rates

9.1 All pay rates are total pay rates excluding allowances listed in 9.4.

9.2 Rates of pay were increased by 4% from the first full pay period on or after 21 July2005. Level 4 and Level 5 Production and Maintenance Employees received a $20.00 per week (gross) allowance from the first full pay period on or after 21 July 2005, in return for the Level 4 and Level 5 Production and Maintenance employees agreeing to perform additional quality assurance laboratory duties.

Rates of pay will increase by 4% on the first full pay period on or after 21 July2006.

Rates of pay will increase by 4% on the first full pay period on or after 21 July2007.

Rates of pay applicable prior to the commencement of this Award are shown in the table appearing at 9.3.

Rates of pay applicable from first full pay period on or after 21 July 2005 are shown in column 1 of Table1 of Part B of this Award.

Rates of pay applicable from first full pay period on or after 21 July 2006 are shown in column 2 of Table1 of Part B of this Award.

Rates of pay applicable from first full pay period on or after 21 July 2007 are shown in column 3 of Table1 of Part B of this Award.

9.3 Rates of Pay Prior to the commencement of this Award

Base Hourly Rates

Production and Maintenance Employees - Classification		$/Week	$/Hour

Level 11 - Electronics Tradesman		1020.21	26.85
Level 10 - Advanced Engineering Tradesperson II (Maintenance. Planner)		985.53	25.93
Level 9 - Engineering Tradesperson Special Class II		914.31	24.06
Level 8 - Engineering Tradesperson Special Class I		844.22	22.21
Level 7 - Engineering Tradesperson II / Plant Electrician		809.54	21.30
Level 6 - Engineering Tradesperson I		774.33	20.38
Level 5 - Senior Plant Controller		774.33	20.38
Level 4 - Plant Controller		745.77	19.63
Level 3 - Operator		725.37	19.09
Level 2 - Operator		665.68	17.52
Level 1 - Entry Level Operator		599.37	15.77
Notes:
1. Hourly Rate includes Tool Allowance Levels 5 and above.
2. Hourly Rate includes First Aid Allowance where applicable.
3. Electricians Licence to be added into hourly rate.
4. To progress from level 2 to level 3 an existing Operator must:
	a. Carry out quality sampling and testing for his/her area of work.
	b. Carry out feed preparation at Moss Vale.
	c. Be able to do basic milling circuit stop/start/fault reading at Bathurst.
5 To progress from level 3 to level 4 an existing Operator must:
a. Carry out Quality Control and process efficiency checks on milling circuits.
b. Carry out higher level of routine minor maintenance than currently.
c. Carry out laboratory duties as directed
6. To progress from level 4 to level 5 an existing Operator must obtain a Trade
Qualification or equivalent qualification recognised by the Company.
7. Tradesmen at level 6 and above must be able to operate milling circuits if so
required

Quarry Employees - Classification		$/Week	$/Hour

Grade 1 - Quarry Worker Grade 1 (Trainee)		565.85	14.89
Grade 2 - Quarry Worker Grade 2 (Attendant)		597.61	15.73
Grade 3 - Quarry Worker Grade 3 (Advanced Attendant)		629.24	16.56
Grade 4 - Quarry Worker Grade 4 (Operator)		660.76	17.39
Grade 5 - Quarry Worker Grade 5 (Skilled Operator)		676.57	17.80
Grade 6 - Quarry Worker Grade 6 (Advanced Operator)		692.39	18.22
Grade 7 - Quarry Worker Grade 7 (Special Class Operator)		705.04	18.55

9.4 Allowances

Allowances will be increased on the dates identified for wage adjustments.

Allowances applying from 21 July 2005 are shown in Table 2 of Part B of this Award. The allowances below are the allowances prior to the making of this Award.

(a) Shift Allowance

Day -	$10.73/shift
Afternoon -	$21.44/shift
Night -	$32.15/shift

(b) Leading Hand

$10.99 per 8 hour shift

Typical Duties Required for a Leading Hand.

Allocate work.

Ensure correct time keeping.

Ensure paperwork etc completed.

Check on quality and safety of work.

Report when consumable stocks become low.

Ensure problems etc are reported.

Organise replacement overtime/callouts.

Ensure breakdown repairs are organised.

$13.18 per week

(d) Tool Allowance (is included in hourly rate)

$13.33per week

(e) Electricians Licence (is included in hourly rate)

$32.44per week

9.5 Safety Net Clause

This Award reflects a joint commitment by the Company, its employees and the Unions to provide workplace and employment conditions in which the services of the Company can be delivered in an efficient, flexible and profitable manner.

The parties recognise that previous work organisation and industrial agreements have developed and implemented positive changes to the enterprise. It is the intention of the parties to continue to negotiate and reach subsequent agreements or awards that will be registered through the Industrial Relations Commission of New South Wales.

10. Joint Consultative Committee

The parties covered by this Award shall participate in a consultative mechanism with appropriate representation of employer and employee(s) and/or the Unions with procedures appropriate to its size, structure and needs for consultation and negotiation on matters affecting the efficiency and productivity of the enterprise.

The representatives of production and maintenance employees and quarry employees may meet for the purposes of finalising an agreement. Such representatives shall be entitled to full pay and travel. Travel for the purposes of the registration of any agreement in the Industrial Relations Commission of New South Wales shall also be covered by this clause.

The Company shall continue the consultative process currently being conducted with employees. The consultative process is the cornerstone to employees understanding the progress and difficulties of the Company. It also allows for a sharing of ideas. The frequency of these meetings should be negotiated at each site.

11. Hours

11.1 Day Workers

(a) The ordinary hours of work shall be 38 hours per week and be between 6.00 am. and 6.00 p.m., 7 days/week.

(b) Ordinary hours worked per day may be increased from eight hours and up to 12 hours on a site where the Company, the Unions and the majority of employees agree provided that the ordinary hours do not exceed an average of 38 hours per week. Seven day roster arrangements may be introduced at a site where the Company, the Unions and the majority of employees agree. Ordinary hours are to be paid at single time except where subclause (h) Saturdays, Sunday and Holidays applies.

(i) by employees working less than eight ordinary hours on one or more days each week; or

(ii) by fixing one day on which all employees will be off during a work cycle of 152 ordinary hours; or

(iii) by rostering employees on various days of the week during a work cycle of 152 ordinary hours so that each employee has one day off during that cycle; or

(iv) by accumulating RDO's to be taken in a block at a time mutually suitable to the Company and the employee and if agreed by both parties.

(d) Provided that, except as otherwise provided herein, not less than seven (7) days notice shall be given to weekly employees of a rostered day off.

(e) Where a rostered day off falls on a public holiday, the next working day shall be taken in lieu of the rostered day off unless an alternate day in that four week cycle or the next cycle is agreed between the Company and the employee.

(f) The Company shall be entitled to fix the start and finish times for each site or section within the spread of hours agreed in (b) and to alter them either by mutual consent or by giving employees one week's notice.

(g) Meal break time is unpaid and must be additional to the agreed hours of work. An employee shall not work for a longer period than 5 hours without a meal break.

(h) Saturdays, Sundays and Holidays

(i) Workers required to work on Saturdays (midnight Friday to midnight Saturday) as part of their normal roster shall be paid at time and a half for all ordinary hours worked.

(ii) Workers required to work on Sundays (midnight Saturday to midnight Sunday) as part of their normal roster shall be paid at double time for all hours worked.

(iii) Workers required to work on Public Holidays as part of their normal roster shall be paid at double time and a half for all hours worked.

(iv) The above extra rates are paid in substitution for and are not cumulative upon shift work allowances prescribed in subclause 9.4.

11.2 Shift Work

(a) Requirements

All employees are engaged on the basis that with one week's written notice, they may be required to work shifts as required by the Company.

(b) Hours

The average ordinary working hours of shift workers shall be fixed by normal agreement between the Company and the employees but shall not exceed an average of 38 hours per week over a four week period. Shifts shall be eight hours per day provided that shifts up to 12 ordinary hours may be worked where the majority of the Company, the Unions and the affected employees agree.

Shifts shall be rostered so as to provide for weekly change of shifts unless otherwise agreed. The Company shall be entitled to fix the shifts rostered for each site or section and alter them by mutual consent or by giving one week's notice.

(d) Rostered Days Off

Rostered Days Off shall be organised according to a roster or other arrangement under Clause 11.1(c)

(e) Meal Break

Twenty minutes meal time shall be allowed to shift workers which shall be paid as time worked. These breaks shall be at a convenient time agreed with the Company.

(f) Changeover

Leading hands or supervisors are required to arrange relief when an employee is unable to attend his/her shift. Employees who are unable to attend their shift must endeavour to contact the lead hand or supervisor in advance.

(g) Saturday, Sunday and Holidays

(i) Shift workers required to work on Saturdays (midnight Friday to midnight Saturday) as part of their normal roster shall be paid at time and half for all ordinary hours worked.

(ii) Shift workers required to work on Sundays (midnight Saturday to midnight Sunday) as part of their normal roster shall be paid at double time for all hours worked.

(iii) Shift workers required to work on Public Holidays as part of their normal roster shall be paid at double time and half for all hours worked.

(iv) The above extra rates are paid in substitution for and are not cumulative upon shift work allowances prescribed in subclause 9.4.

(h) Roster

The Company shall be entitled to fix the shift rosters for each site or section and alter them by mutual consent or by giving employees one week's written notice.

(i) Swapping Shifts

Employees may swap shifts by private arrangement between each other provided that:-

both employees obtain their supervisor's prior approval;

time records show the employee who actually worked the shift and the employee who was rostered to work the shift; and

the Company will pay the employees for the shifts actually worked.

(j) Overtime

Shift workers shall be paid for all overtime at the rate of time and a half for the first two hours and double time thereafter, except overtime work on a public holiday shall be paid at double time and a half.

11.3 Casual Employees

A casual employee for ordinary working time shall be paid per hour one-thirty eighth of the weekly rate for the work which he/she performs plus 15 per centum for a minimum payment of four hours per day, plus 1/12th of the hourly rate for annual leave. This penalty shall be in lieu of payment for sick leave, personal leave, annual leave and public holidays. Casual employment or labour sourced from a labour hire supplier will be limited to 6 months. Provided that by consultation with the employees and the Union, casual employment or labour sourced from a labour hire supplier may be extended beyond six months.

11.4 Part-Time Employment

(a) An employee may be engaged by the week to work on a part-time basis for a constant minimum number of hours each week which shall be less than 38 hours.

(b) The spread of hours shall be the same as those prescribed in subclause (11.1) Day Workers.

(d) An employee so engaged shall be paid one thirty eighth of the weekly rate for each hour worked except as provided for in (c) above.

(e) All other entitlements such as sick leave, annual leave and long service leave shall be provided on a pro rata basis.

(f) Supply of protective clothing will be in accordance with Clause 14 of this Award.

12. Overtime

12.1

(a) All work done in excess of an employee’s ordinary hours shall be overtime and shall be paid for at the rate of time and a half for the first two hours and double time thereafter.

(b) All time worked on Sundays by day workers shall be paid for at the rate of double time, and all time worked on public holidays by day workers shall be paid for at the rate of double time and a half.

(c) An employee required to work overtime for more than two hours after his/her ordinary ceasing time and who has not been notified before leaving his/her work on the previous day or earlier that he/she would be required to work such overtime, shall either be supplied with a meal or paid the sum of $7.20 in lieu thereof and, if the work extends beyond that meal, he/she shall be paid a further sum of $7.20 for each subsequent meal which falls within that period of overtime.

(d) An employee, after completion of overtime work (except for meal breaks) after his/her usual time shall, provided he/she would ordinarily be required to take up duty at the time fixed for the commencement of the next ordinary day's work, be entitled to be absent until he/she has had eight consecutive hours off duty without deduction of pay for ordinary time off duty occurring during such absence. In the case of call outs this provision will only apply if the employee does not have 8 consecutive hours off duty between normal finishing time and normal starting time for the next rostered shift. Should this occur again immediately after the second shift, the time off entitlement will rise to 10 hours. If, on the instruction of the Company, any employee resumes work without having had the appropriate time off duty he/she shall be paid at double time rates until relieved from duty to take such rest period and he/she shall then be entitled to be absent until he/she has had the entitled consecutive hours off duty, without deduction of pay for ordinary time off duty occurring during such absence.

(e) Overtime will not be paid except where it has been authorised by the Company. Overtime is not payable when arranged between the employees themselves.

(f) Employees who are rostered to work overtime and cannot attend must notify the Company prior to the shift to allow alternate arrangements to be made.

(g) Shift workers will not be paid overtime for the purpose of effecting the customary rotation of shifts.

(h) For the purposes of calculating overtime, each day shall stand alone.

12.2 Call Out

Employees who are called out after having completed their day's work shall be paid for not less than four hours at the appropriate overtime rate.

13. Holiday Leave & Other Leave

Payment (to the amount which would ordinarily have been paid had the day been a working day) shall be made for the following days or the days upon which they are observed: New Year's Day, Anniversary Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day, and any other day gazetted or proclaimed as a public holiday within the State and observed in the locality of the enterprise. One day per annum on a date of mutual agreement between employees and the Company shall be a holiday as the picnic day of the AWU, the AMWU and the ETU.

Employees not required to work on the said Picnic Day shall be paid for the holiday at the ordinary rates of pay prescribed in Clause (9), Pay Rates of this Award.

No deduction shall be made from the wages of a weekly hand for holidays not worked and if work is done on a holiday the employee shall be paid at the rate of double time and a half for the time worked with a guarantee of four hour's pay.

When an employee is absent from his/her employment on the working day before or after a holiday without a doctor's certificate or without the Company’s consent, the employee shall not be entitled to payment for such holiday.

13.1 Long Service Leave

See Long Service Act, 1955 as amended.

13.2 Annual Leave

See Annual Holidays Act, 1944.

13.3 Annual Leave Loading

(a) In this Clause the Annual Holidays Act, 1944, is referred to as "the Act".

(b) Before an employee is given and takes his/her annual holiday, or where, by agreement between the Company and the employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the Company shall pay the employee a loading determined in accordance with this clause.

(c) The loading is payable in addition to the pay for the period of holiday given and taken due to the employee under the Act and this Award.

(d) The loading is the amount payable for the period or the separate period as the case may be at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this Award for the classification in which the employee was employed immediately before commencing his/her annual holiday together with all purpose allowances where applicable.

(e) Employees who take annual leave in advance shall be paid a pro rata amount of annual leave loading as if the annual leave had fully accrued. Provided that, if the employee leaves his/her employment with the Company for any reason prior to the period of the annual leave, loading that was paid in advance shall be deducted by the Company from any monies owing to the employee.

(f) Where, in accordance with the Act, the Company’s establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned: -

(i) An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (d) of this Clause;

(ii) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him/her under the Act, a pro rata amount for annual leave loading in proportion to the accrued entitlement;

(g)

(i) When the employment of an employee is terminated by the Company for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled he/she shall be paid a loading calculated in accordance with subclause (d) for the period not taken.

(ii) Except as provided by paragraph (i) of this subclause, no loading is payable on the termination of an employee's employment.

(h) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he/she had not been on holiday provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this Clause, then that amount shall be paid to the employee in lieu of the loading.

13.4 Other Leave

(a) Bereavement Leave

(i) An employee shall, on the death within Australia of a wife, husband, father, mother, mother-in-law, father-in-law, grandmother, grandfather, brother, sister, child or stepchild be entitled on notice to leave, up to and including the day of the funeral of such relation, and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days of work. Proof of such death shall be furnished by the employee to the satisfaction of the Company.

(ii) This Clause shall have no operation while the period of leave under it coincides with any other period of leave.

(iii) For the purpose of this Clause the words "wife" and "husband" shall include a person who lives with the employee as a de facto wife or husband.

(b) Jury Service

(i) An employee required to attend for jury service during his/her ordinary working hours shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

(ii) An employee shall notify the Company as soon as possible of the date upon which he/she is required to attend for jury service. Further, the employee shall give the Company proof of his/her attendance, the duration of such attendance and the amount received in respect of such jury service.

In circumstances where genuine need and hardship arises an employee shall be entitled to request leave from the Plant Manager. Such leave could be with or without pay depending on circumstances.

13.5 Sick Leave

(a) The parties commit to reducing the incidence of sick leave and carer’s leave to a satisfactory level, that being an average of five (5) days per annum per employee.

(b) Reasonable paid sick leave will be available to any employee unable to attend and fulfil nominated work requirements as a result of legitimate illness or injury.

require Doctor’s Certificates in instances of frequent short duration and longer term illnesses;

refer an employee to an independent medical practitioner at the Company’s expense;

limit the duration of paid sick leave where the leave is assessed as unreasonable after considering all aspects of an employee’s employment, including the history of sick leave taken by an employee during the course of his or her employment and the nature and cause of the illness or injury;

refuse paid sick leave where the illness or injury is a result of misconduct or negligence.

(d) The employee is to notify the Company of the inability to attend for duties, the nature of the illness and incapacity and the estimated duration of the absence within 8 (eight) hours of the commencement of the absence.

(e) Breaches of notification, failures to provide necessary medical evidence and unusual or excessive taking of sick leave determined by Management shall be discussed between the representatives of the Company, the employee and an official of the relevant Union and the appropriate action determined.

(f) Employees are not required to supply Doctor’s certificates for up to two (2) single days sick leave per annum. An additional two day’s sick leave shall be allowed without the production of a Doctor’s certificate, however for these two days only the employee shall be required to produce a statutory declaration stating the employee was unable to attend for duty and declare the illness or injury. Any sick leave in excess of four (4) days per annum must be substantiated with a Doctor’s certificate. All Doctor’s certificates shall state the period of illness or injury and state the nature of the illness or injury.

(g) An employee shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to worker’s compensation.

(h) Any dispute about the application of this clause will be dealt with in accordance with clause 15, Grievance Procedure, of this Award.

Leave Reserved

The parties agree that if there is not a reduction in the incidence of sick leave taken to an average of five days per annum per employee within the first and subsequent years of this Award, the Company may apply to the Industrial Relations Commission to vary this clause to impose a limit on the amount of sick leave that may be taken by an employee in a single year.

13.6. Personal / Carer's Leave

(a) Use of Sick Leave

(i) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause (a)(iii)(b), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, up to 5 days of accrued sick leave , provided for in clause 13.5 Sick Leave in each year of service, for absences when the employee is genuinely required to provide care and support for such persons when they are ill. Such leave may be taken.

(ii) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

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

(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 defacto 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 purposes of this subparagraph:

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

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

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

(iv) An employee shall, 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 shall notify the Company by telephone of such absence at the first opportunity on the day of absence.

(b) Unpaid Leave for Family Purpose

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 subclause (a)(iii)(b) who is ill.

(i) An employee may elect with the consent of the Company, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

(ii) Access to annual leave, as prescribed in subclause (c)(i), shall be exclusive of any shutdown period provided for elsewhere under this award.

(iii) 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.

(d) Time Off in Lieu of Payment for Overtime

(i) 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 Company within 12 months of the said election.

(ii) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is, an hour for each hour worked.

(iii) If, having elected to take time as leave in accordance with subclause (d)(i), the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

(iv) Where no election is made in accordance with the said subclause (d)(i), the employee shall be paid overtime rates in accordance with the award.

(e) Make-up Time

(i) An employee may elect, with the consent of the Company, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

(ii) 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 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.

(f) Rostered Days Off

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

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

(iii) 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.

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

14. Respirators, Protective Clothing Etc.

14.1 Where necessary, the Company shall provide free of charge, safety equipment and protective clothing appropriate to the employee's duties. Such equipment shall be properly maintained and used by the employee.

14.2 All equipment issued in accordance with this Clause shall remain the property of the Company and shall be returned to the Company on demand and in event of termination of employment.

14.3 The Company shall provide all employees with replacement items as necessary upon damage or being worn out and return of the worn out article to the nominated Officer.

14.4 Upon the making of this Award by the Industrial Relations Commission a one-off issue of four pairs of socks per employee shall be made to each employee. Additional pairs are to be provided on a genuine fair, wear and tear basis.

14.5 Upon the making of this Award by the Industrial Relations Commission the Company shall provide to each employee one leather belt which shall be worn by employees whilst attending for duty.

15. Grievance Procedure

The procedure for the resolution of industrial disputation will be in accordance with section 14 of the Industrial Relations Act, 1996. These procedural steps are:

15.1 Procedure in relation to a grievance of an individual employee:

(a) The employee is required to notify (in writing or otherwise) the Company as to the substance of the grievance, request a meeting with the Company for bilateral discussions and state the remedy sought.

(b) A grievance must initially be dealt with as close to the source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(d) At the conclusion of this discussion, the Company must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

(e) While a procedure is being followed, normal work must continue.

(f) The employee may be represented by an industrial organisation of employees.

15.2 Procedure for a dispute between the Company and the employee:

(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(b) Reasonable time levels must be allowed for discussion at each level of authority.

(d) In the event of discussion failing to prevent or settle the dispute, either party may refer the dispute to the Industrial Relations Commission of NSW to be dealt with in accordance with the Industrial Relations Act 1996.

(e) The Company may be represented by an industrial organisation of employers or other representative and the employees may be represented by his or her Union or another representative for the purpose of each procedure.

16. Disciplinary Procedure

16.1 The following disciplinary procedure shall be adhered to by the Company and the employees.

(a) Employees who exhibit unsatisfactory performance or behaviour shall be counselled so that they understand the standards expected of them and will be offered assistance and guidance in achieving those standards.

(b) Confidential written records of such counselling will be made. The employee will be shown the written record and will have the opportunity of commenting on its contents either in writing or orally. The record will only be placed on the employee's file where the employee has been given the opportunity of responding to the record.

(c) Employees whose performance or behaviour is unsatisfactory will be given adequate time to demonstrate a willingness to improve. If, at the end of this period, the employee shows no willingness to improve in the opinion of the Company, then disciplinary action up to and including dismissal may be taken.

(d) Nothing in the procedure shall limit the right of the Company to summarily dismiss an employee for serious and wilful misconduct.

(e) At all stages of the disciplinary process the employee will be entitled to have another available employee present as a witness if desired. The Union representative is entitled to be informed providing employee confidentiality is not breached.

17. Training

17.1 Company Initiated Training

(a) Employees may undertake training and retraining as required by the Company.

(b) The Company will pay all costs associated with such training whether it is formal, internal, external or on the job.

(c) Time off without loss of pay will be provided. However, if external training extends beyond the normal hours of work the employee shall make the time available and be paid at single time.

17.2 Employee Initiated Training

(a) Employees planning to undertake further training should discuss the matter with their Manager.

(b) The Company will consider reimbursing part or all of the costs associated with the training, provided that the training has relevance to the Company's current or future needs.

(c) Where the Company agrees to reimburse part or all of the costs associated with the training the employee will be notified in writing.

(d) Reimbursement for approved training will be made at the successful completion of each stage of the course.

(e) Employees will be required to submit a claim for payment accompanied by receipts.

(f) The Company may approve any reasonable request for time off work without pay for attendance at such training including examinations and study leave. Requests for time off with pay should utilise any available Annual Leave.

18. Job Security and Redundancy

18.1 The Company guarantees for the term of this Award that no retrenchments of permanent employees will occur because of improved efficiency and flexibility resulting from this Award.

18.2 In cases where redundancy is to be considered and to occur the following is to be implemented.

(a) Application

(i) This clause shall apply in respect of full-time and part-time employees. This clause shall not apply to casual employees or to employees who are engaged for a specific period or a specific task.

(ii) Notwithstanding anything contained elsewhere in this Award, this clause shall not apply to employees with less than one year's continuous service, and the general obligation on the Company shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(iii) Notwithstanding anything contained elsewhere in this Award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(b) Introduction of Change

(i) Employer's duty to notify

(a) Where the Company has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the Company shall notify the employees who may be affected by the proposed changes and the Union to which they belong.

(b) "Significant effects" include termination of employment, major changes in the operation or size of the Company's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where this Award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(ii) Employer's duty to discuss change

(a) The Company shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause (b)(i), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the Union in relation to the changes.

(b) The discussions shall commence as early as possible after a definite decision has been made by the Company to make the changes referred to in subclause (b)(i).

(c) For the purpose of such discussions, the Company shall provide to the employees concerned and the Union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that the Company shall not be required to disclose confidential information the disclosure of which would adversely affect the Company.

(i) Where the Company has made a definite decision that it no longer wishes the job the employee has been doing to be done by anyone pursuant to subclause (b)(i)(a) and that decision may lead to the termination of employment, the Company shall hold discussions with the employees directly affected and with the Union to which they belong.

(ii) The discussions shall take place as soon as is practicable after the Company has made a definite decision which will invoke the provision of subclause (c)(i), and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(iii) For the purpose of the discussion the Company shall, as soon as practicable, provide to the employees concerned and the Union to which they belong all relevant information about the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that the Company shall not be required to disclose confidential information the disclosure of which would adversely affect the Company.

(iv) The parties agree that where redundancies are being considered, employees may express an interest in being made redundant voluntarily. The parties further agree that the Company is not obliged to offer a redundancy to an employee who expresses such an interest.

(d) Termination of Employment

(i) Notice for changes in production, programme, organisation or structure. This subclause sets out the notice provisions to be applied to terminations by the Company for reasons arising from production, programme, organisation or structure, in accordance with subclause (b)(i)(a), of this clause:

(a) In order to terminate the employment of an employee, the Company shall give to the employee the following notice:

Period of continuous service	Period of notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

(b) In addition to the notice above, 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.

(c) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(ii) Notice for technological change. -This subclause sets out the notice provisions to be applied to terminations by the Company for reasons arising from technology in accordance with subclause (b)(i)(a).

(a) In order to terminate the employment of an employee, the Company shall give to the employee three months' notice of termination.

(b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(c) The period of notice required by this subclause to be given shall be deemed to be service with the Company for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

(iii) Time off during the notice period

(a) During the period of notice of termination given by the Company, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

(b) 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.

(iv) 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 to which the employee would have been entitled 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.

(v) Statement of employment - The Company shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

(vi) 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.

(vii) Employment 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.

(viii) Transfer to lower-paid duties - Where an employee is transferred to lower-paid duties for reasons set out in subclause (b)(i), the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the Company may, at the Company's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

(e) Severance Pay

(i) Where an employee is to be terminated pursuant to subclause (d), Termination of Employment, of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the Company shall pay the employee the following severance pay in respect of a continuous period of service:

(a) Where the Employee is made redundant by the Company

Where the Employee is under 45 years of age, the Company will pay in accordance with the following scale:

Years of service	Entitlement - Weeks Pay
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

Where the Employee is over 45 years of age, the Company will pay in accordance with the following scale:

Years of service	Entitlement - Weeks Pay
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

(b) Where the employee volunteers for redundancy and as a consequence is made redundant by the Company

If an employee is under 45 years of age, the Company shall pay in accordance with the following scale:

Years of service Entitlement	Under 45 Years of Age
Less than 1 year	3 weeks
1 year and less than 2 years	7weeks
2 years and less than 3 years	10 weeks
3 years and less than 4 years	13 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17 weeks
6 years and less than 7 years	19 weeks
7 years and less than 8 years	20 weeks
8 years and less than 9 years	21 weeks
9 years and less than 10 years	22 weeks
10 years and less than 11 years	23 weeks
11 years and less than 12 years	24 weeks
12 years or more	25 weeks

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	3 weeks
1 year and less than 2 years	8 weeks
2 years and less than 3 years	11.75 weeks
3 years and less than 4 years	15.5 weeks
4 years and less than 5 years	18 weeks
5 years and less than 6 years	20.5 weeks
6 years and less than 7 years	23.5 weeks
7 years and less than 8 years	24.5 weeks
8 years and less than 9 years	25.5 weeks
9 years and less than 10 years	26.5 weeks
10 years and less than 11 years	27.5 weeks
11 years and less than 12 years	28.5 weeks
12 years or more	29.5 weeks

(c) "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award.

(ii) Incapacity to pay - Subject to an application by the Company and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause.

The Commission shall have regard to such financial and other resources of the Company concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in paragraph (i) of this subclause, will have on the Company.

(iii) Alternative employment - Subject to an application by the Company and further order of the Commission, the Company may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this clause, if the Company obtains acceptable alternative employment for an employee.

(f) Savings Clause - Nothing in this Award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the Unions and the Company.

19. Contract of Employment

19.1

(a) Clause 19.2 applies to full time and part time permanent employees. Clause 19.2 does not apply to casual employees. Clause 19.2 does not give an employee engaged for a specified period of time or specified task a right to notice of termination of employment or payment in lieu of the date that the employee is to complete specified period or specified task.

(b) Permanent employment shall be on a weekly basis.

19.2

(a) Permanent employment shall be probationary for the first two months. Extension to this time period may be considered by the Company in consultation with the Union(s). Termination by either party shall be one week's notice. If employment ceases during the first twelve weeks for any reason, the Company may deduct half the cost of the safety boots/clothing issued to the employee from any monies owing to the employee.

(b) The Company may terminate the employment of an employee by giving the employee the same period of notice or payment in lieu for all or part of the notice period as set out in 18(d)(i) of this Award.

This shall not limit the Company's right to dismiss an employee without notice for refusal of duty, inefficiency, neglect of duty, misconduct including breach of Company rules and in such cases the wages shall be payable up to the time of dismissal.

(c) An employee may terminate his or her employment by giving one week’s notice to the Company. If the employee fails to give the required period of notice, the Company may withhold monies due to the employee to a maximum amount equal to the employee’s ordinary time rate of pay for one week

19.3

(a) Any employee taking unauthorised absence from duty shall not be paid for the actual time of such non-attendance and may be subject to further disciplinary action.

(b) The obligation of the Company and employees to customers and their employees must be respected by ensuring actions of the Company or employees do not adversely affect customers.

20. Anti Discrimination

20.1 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 age and carers responsibility.

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

20.3 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.

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

(a) any conduct or act which is specifically exempted from anti-discrimination legislation.

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

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

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

20.5 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.

NOTES

(i) The Company and employees may also be subject to Commonwealth anti-discrimination legislation.

(ii) Section 56(d) of the Anti-Discrimination Act 1977 provides:

Nothing in the Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.

21. Declaration

21.1 This Award has been negotiated through extensive consultation between management, the Unions and employees. The content of this Award has been canvassed with all parties. All parties are entering into this Award with full knowledge as to the content and effect of the document.

21.2 The parties declare that this Award:

(a) is not contrary to public interest;

(b) is not unfair, harsh or unconscionable;

(d) reflects the interests and desires of the parties.

22. Future Negotiations

Subject to clause 6.2, the parties agree to commence negotiations for a new Award not less than six months before the nominal expiry date of this Award.

23. No Extra Claims

Apart from commencing negotiations for a new Award to replace this Award in accordance with clauses 22 and 6.2, neither the employees or the Unions will demand, pursue, support or promote, by any means whatsoever, any extra claims relating to benefits, conditions, obligations or matters whether covered by this Award or not.

PART B

RATES AND ALLOWANCES

Table 1 - Rates of Pay

Base Hourly Rates	From first	From first	From first
	full pay	full pay	full pay
Production and Maintenance Employees - Classification	period on	period on	period on
	or after	or after	or after
	21/7/05	21/7/06	21/7/07
	$/Week	$/Week	$/Week
Level 11 - Electronics Tradesman	1,061.00	1,103.44	1,147.57
Level 10 - Advanced Engineering Tradesperson II	1,024.95	1,065.95	1,108.58
(Maintenance. Planner)
Level 9 - Engineering Tradesperson Special Class II	950.88	988.91	1,028.46
Level 8 - Engineering Tradesperson Special Class I	878.00	913.12	949.64
Level 7 - Engineering Tradesperson II / Plant Electrician	841.92	875.60	910.62
Level 6 - Engineering Tradesperson I	805.30	837.51	871.01
Level 5 - Senior Plant Controller	805.30	837.51	871.01
Level 4 - Plant Controller	775.60	806.62	838.89
Level 3 - Operator	754.38	784.55	815.93
Level 2 - Operator	692.30	720.00	748.80
Level 1 - Entry Level Operator	623.34	648.27	674.20
Notes:
1. Hourly Rate includes Tool Allowance Levels 5 and above.
2. Hourly Rate includes First Aid Allowance where applicable.
3. Electricians Licence to be added into hourly rate.
4. To progress from level 2 to level 3 an existing Operator must:
a. Carry out quality sampling and testing for his/her area of
work.
b. Carry out feed preparation at Moss Vale.
c. Be able to do basic milling circuit stop/start/fault reading
at Bathurst.
5. To progress from level 3 to level 4 an existing Operator must:
a. Carry out Quality Control and process efficiency checks
on milling circuits.
b. Carry out higher level of routine minor maintenance than
currently.
c. Perform quality assurance laboratory duties as required.
6. To progress from level 4 to level 5 an existing Operator must
obtain a Trade Qualification.
7. Tradesmen at level 6 and above must be able to operate
milling circuits if so required.

Quarry Employees - Classification	From first	From first	From first
	full pay	full pay	full pay
	period on	period on	period on
	or after	or after	or after
	21/7/05	21/7/06	21/7/07
	$/Week	$/Week	$/Week
Grade 1 - Quarry Worker Grade 1 (Trainee)	588.50	612.04	636.52
Grade 2 - Quarry Worker Grade 2 (Attendant)	621.50	646.36	672.21
Grade 3 - Quarry Worker Grade 3 (Advanced Attendant)	654.41	680.58	707.80
Grade 4 - Quarry Worker Grade 4 (Operator)	687.19	714.67	743.25
Grade 5 - Quarry Worker Grade 5 (Skilled Operator)	703.63	731.77	761.04
Grade 6 - Quarry Worker Grade 6 (Advanced Operator)	720.08	748.88	778.83
Grade 7 - Quarry Worker Grade 7 (Special Class Operator)	733.24	762.56	793.06

Table 2 - Allowances

Allowance		From first	From first	From first
		full pay	full pay	full pay
		period on	period on	period on
		or after	or after	or after
		21/7/05	21/7/06	21/7/07
		$	$	$
(a) Shift Allowance
	Day	11.18	11.64	12.12
	Afternoon	22.33	23.26	24.23
	Night	33.49	34.88	36.34

(b) Leading Hand
	Per 8 Hour shift	11.44	11.92	12.42

(c) First Aid (to be included in hourly rate)		13.73	14.30	14.90

(d) Tool Allowance (is included in hourly rate)		13.88	14.46	15.06

(e) Electricians Licence (is included in hourly rate)		33.79	35.19	36.66

(f) Level 4 and 5 Laboratory Quality Assurance Allowance		20.00	20.80	21.63
(is included in hourly rate)

Appendix A

1. Classification Structure - Production And Maintenance Employees

2. Classification Structure - Quarry Employees

2.1 Quarry Workers

2.2 Definitions

2.3 Plant Groupings

1. Classification Structure - Production and Maintenance Employees

Level 11 - Electronics Tradesman

Level 10 - Advanced Engineering Tradesperson II (Maintenance Planner)

Level 9 - Engineering Tradesperson Special Class II

Level 8 - Engineering Tradesperson Special Class I

Level 7 - Engineering Tradesperson II / Plant Electrician

Level 6 - Engineering Tradesperson I

Level 5 - Senior Plant Controller

Level 4 - Plant Controller

Level 3 - Operator

Level 2 - Operator

Level 1 - Entry Level Operator

Classification Descriptions - Production and Maintenance Employees

Level 1 "Entry Level"

This employee is employed on probation for up to 2 months to allow full assessment of his/her ability by the work team and management.

The Trainee Operator must achieve and demonstrate competency in all aspects of the operation for which he/she is trained.

Core Requirements:

basic plant and safety knowledge;

bagging of product and bulk despatch;

automatic and manual palletising; and

obtaining Learners Permits for Fork Lift and Front End Loader and undertake operation of this equipment.

On achieving competency in these Core Skills he/she will progress to Level 2 - Operator.

Any employee who has difficulty in attaining progression to Level 2 will be provided with special assistance to attempt to overcome learning problems.

Level 2 "Operator"

Carry out any duties to the extent of his/her training and ability. Primary duties will include all aspects of product packaging and despatch. Must finalise acquisition of Fork Lift and Front End Loader Tickets. Obtain Overhead Crane Permit if appropriate. Will be required to acquire Occupational Health and Safety Skills and carry out general duties.

Level 3 "Operator"

The primary workplace skills and activities which apply to Level 3 - Operator are:

materials handling and feed preparation;

despatch of product;

general duties;

occupational health and safety;

communication and team skills;

problem solving, basic milling knowledge;

quality sampling and testing;

on-line minor maintenance;

other duties for which he/she may be qualified; and

obtain mobile crane permit if appropriate.

Level 4 "Plant Controller"

Carry out any duties to the extent of his/her training and ability. Primary duties will include control and operation and production maintenance of Milling Systems.

production process (milling);

optimise process milling efficiency;

production quality control;

duties in the laboratory for which the employee has been trained and

other duties for which he/she may be qualified.

Level 5 "Senior Plant Controller"

A Plant Controller who has obtained a Company recognised qualification (equivalent to Trade Qualification) and can competently carry out work at a high level in production and including team leader. Would need to exercise all the above skills. Senior Plant Controller would be called upon to carry out higher level repairs which they are qualified to do. (Trades Based Entry Level).

Level 6 "Engineering Tradesperson Level 1"

Engineering Tradesperson Level 1

An Engineering Tradesperson Level I is an employee who holds a Trade Certificate or Tradespersons Rights Certificate as an:

(i) Engineering Tradesperson (electrical/electronic) Level I;

(ii) Engineering Tradesperson (mechanical) Level I;

(iii) Engineering Tradesperson (fabrication) Level 1;

and is able to exercise the skills and knowledge of that trade.

An Engineering Tradesperson Level I.

1. Understands and applies quality control techniques;

2. Exercises good interpersonal skills and communication skills;

3. Exercises keyboard skills at a higher level than lower grades;

4. Exercises discretion within the scope of this grade;

5. Performs work under limited supervision either individually or in a team environment;

6. Operates all lifting equipment incidental to his/her work;

7. Performs non-trade tasks incidental to his/her work;

8. Performs work which while primarily involving the skills of the employee's trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training;

9. Able to inspect products and/or materials for conformity with established operational standards;

10. Can operate limestone production processes to test run, fault restart and familiarise with the production process.

Level 7 "Engineering Tradesperson Level II"

Engineering Tradesperson Level II

An Engineering Tradesperson Level II is an:

(i) Engineering Tradesperson (electrical/electronic) Level II;

(ii) Engineering Tradesperson (mechanical) Level II; or

(iii) Engineering Tradesperson (fabrication) Level II;

Who has completed the following training requirement:

(i) 33% of the modules towards and appropriate Post Trade Certificate;

(ii) or has completed equivalent modules of Company nominated training.

An Engineering Tradesperson Level II works above and beyond an Engineering Tradesperson Level 1 and to the level of their training;

1. Exercises the skills attained through satisfactory completion of the training prescribed for this classification subject to the standards prescribed by Appendix X of this Award.

2. Exercises the discretion within the scope of this grade.

3. Works under general supervision either individually or in a team environment.

4. Understands and implements quality control techniques.

5. Provide trade guidance and assistance as part of a work team.

6. Exercises trade skills relevant to the specific requirements of the enterprise at a level higher than Level 6.

Tasks which employees at this level may perform are subject to the employees having the appropriate Trade and Post Trade Training to enable them to perform particular tasks.

Level 8 "Engineering Tradesperson Special Class I"

A Special Class Engineering Tradesperson Level I means a:

(i) Special Class Engineering Tradesperson (electrical/electronic) Level I; or

(ii) Special Class Engineering Tradesperson (mechanical) Level 1; or

(iii) Special Class Engineering Tradesperson (fabrication) Level 1;

who has completed the following training requirement:

(i) 66% of the modules towards an appropriate Post Trade Certificates;

(ii) or has completed equivalent modules of Company nominated training.

A Special Class Engineering Tradesperson Level I:

1. Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

2. Provides trade guidance and assistance as part of a work team.

3. Assists in the provision of training in conjunction with supervisors and trainers.

4. Understands and implements quality control techniques.

5. Work under limited supervision either individually or in a team environment.

6. Exercises trade skills relevant to the specific requirements of the enterprise at a level higher than level 7.

The following indicative tasks which an employee at this level may perform are subject to the employee having appropriate Trade and Post Trade Training to enable the employee to perform the particular indicative tasks.

(a) Exercises high precision trade skills using various materials and/or specialised techniques;

(b) Performs operations on a CAD/CAM terminal in the performance of routine modifications to NC/CNC programs.

(c) Installs, repairs and maintains, tests, modifies, commissions and or fault finds on complex machinery and equipment which utilises hydraulic and or pneumatic principles and in the course of such work is required to read and understand hydraulic and pneumatic circuitry which controls fluid power systems.

(d) Works on complex or intricate circuitry which involves examining, diagnosing and modifying systems comprising interconnected circuits.

Level 9 " Engineering Tradesperson Special Class II"

A Special Class Engineering Tradesperson level II means a:

(i) Special Class Engineering Tradesperson (electrical/electronic) Level II; or

(ii) Special Class Engineering Tradesperson (mechanical) Level II; or

(iii) Special Class Engineering Tradesperson (fabrication) Level II.

who has completed the following training requirement:

(i) An appropriate Post Trade Certificate;

(ii) or has completed equivalent modules of Company nominated training.

An Engineering Tradesperson Special Class Level II:

1. Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

2. Is able to provide trade guidance and assistance as part of a work team.

3. Provides training in conjunction with supervisors and trainers.

4. Understands and implements quality control techniques.

5. Works under limited supervision either individually or in a team.

6. Exercises trade skills relevant to the specific requirements of the enterprise at a level higher than level 8.

(a) Works on machines or equipment which utilise complex mechanical, hydraulic and/or pneumatic circuitry and controls or a combination thereof.

(b) Works on machines or equipment which utilise complex electrical/electronic circuitry and controls.

(c) Works on instruments which make up a complex control system which utilises some combination of electrical/electronic, mechanical or fluid power principles.

(d) Applies advanced computer numerical control techniques in machining or cutting or welding or fabrication.

(e) Exercises intermediate CAD/CAM skills in the performance of routine modifications to programs.

(f) Works on complex or intricate interconnected electrical circuits at a level above level 8.

(g) Works on complex radio/communication equipment.

Level 10 "Advanced Engineering Tradesperson Level II (Maintenance Planner)"

An Advanced Engineering Tradesperson Level II means an;

(i) Advanced Engineering Tradesperson (electrical/electronic) Level II;

(ii) Advanced Engineering Tradesperson (mechanical) Level II; or

(iii) Advanced Engineering Tradesperson (fabrication) Level II.

who has completed:

(i) Advanced Certificate; or

(ii) has completed equivalent modules of Company nominated training.

An Advanced Engineering Tradesperson Level II works above and beyond a tradesperson at level 9 and to the level of his/her training and:

1. Provides technical guidance within the scope of this level.

2. Prepares reports of a technical nature on specific tasks or assignments as directed or within the scope of discretion at this level.

3. Has an overall knowledge and understanding of the operating principles of the systems and equipment on which the tradesperson is required to carry out his/her task.

4. Assists in the provision of on the job training in conjunction with supervisors and trainers.

5. Exercises trade skills relevant to the specific requirements of the enterprise at a level higher than level 9.

The following indicative tasks which an employee at this level may perform are subject to the employee having appropriate trade and post-trade training to enable the employee to perform the particular indicative tasks:

(a) Through a systems approach is able to exercise high level diagnostic skills on complex forms of machinery, equipment and instruments which utilise some combination of electrical, electronic, mechanical or fluid power principles.

(b) Set up, commission, maintain and operate sophisticated maintenance, production and test equipment and/or systems involving the application of computer operating skills at a higher level than Advanced Engineering Tradesperson Level I.

(c) Works on various forms of machinery and equipment electronically controlled by complex digital and/or analogue control systems using integrated circuitry.

(d) Works on complex electronics or instruments or communications equipment or control systems which utilise electronic principles and electronic circuitry containing complex analogue and/or digital control systems using integrated circuitry.

Level 11 "Electronics Tradesman"

Electronics Tradesman means an electrical tradesman who is engaged in applying his knowledge and skills to the task of installing, repairing, maintaining, servicing, modifying, commissioning, testing, fault finding and diagnosing of various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems utilising integrated circuitry. The application of this skill and knowledge would require an overall understanding of the operating principles of the systems and equipment on which the tradesman is required to carry out his tasks.

To be classified as an electronics tradesman, a tradesman must have at least three years on the job experience as a tradesman in electronic systems utilising integrated circuits and in addition must have satisfactorily completed a post trades course in electronics equivalent to a least two years' part time study.

In addition, to be classified as an electronics tradesman, a tradesman must be capable of:

(a) Maintaining and repairing multi-function printed circuitry using circuit diagrams and test equipment;

(b) Working under minimum supervision and technical guidance;

(d) Preparing reports of a technical nature on specific tasks or assignments as directed and within the scope of the work described in this definition;

(e) Carrying out duties and responsibilities of a Level 10 employee.

2. Classification Structure - Quarry Employees

Grade 1	Quarry Worker Grade 1	(Trainee)
Grade 2	Quarry Worker Grade 2	(Attendant)
Grade 3	Quarry Worker Grade 3	(Advanced Attendant)
Grade 4	Quarry Worker Grade 4	(Operator)
Grade 5	Quarry Worker Grade 5	(Skilled Operator)
Grade 6	Quarry Worker Grade 6	(Advanced Operator)
Grade 7	Quarry Worker Grade 7	(Special Class Operator)

2.1 Classification Descriptions - Quarry Workers

Quarry Worker Grade 1 (Trainee)

A Quarry Worker Grade 1 (Trainee) is an employee who, upon entering the production workforce of the quarry, will undertake up to three months of induction and skills training. This training will include information on the enterprise, conditions of employment, introduction to quarry personnel, training and career opportunities, quarry layout, work and documentation procedures and specific occupational health and safety equipment appreciation and quality control training.

Duties - Indicative of the tasks an employee at this level may perform are the following:

general labouring;

cleaning;

higher grade tasks for training purposes.

Responsibility - An employee at this level will perform routine tasks, using minimal judgement, under direct supervision, to the level of their skill and training.

Qualification - The qualification required for an entry by the employee will be determined by the employer. Basic literacy and numeracy skills will be desirable. Use and understanding of English is also desirable.

Training - An employee at this level will be provided with a period of up to 3 months of structured induction and skills training in order to competently perform the duties of a Quarry Worker Grade 2.

Progression - An employee may progress from Grade 1 to higher grades after 3 months service and on being able to competently perform the duties at a higher grade.

Translation from Old Structure to New - Old classifications that are to be translated to this grade include:

no comparable old classification.

Quarry Worker Grade 2 (Attendant)

A Quarry Worker Grade 2 (Attendant) has successfully completed up to three months structured training so as to enable the employee to perform competently the work within the scope of this level.

Duties - Indicative of the tasks an employee at this level may perform are the following:

attend to, maintain and service fixed and mobile plant;

assist with the repair and maintenance of fixed and mobile plant;

apply basic quality control and assurance procedures;

use Class 1 motor vehicles;

maintain simple records; and

higher grade tasks for training purposes.

Responsibility - An employee at this level works under direct supervision, either individually or in a team environment.

Qualification - A Quarry Worker Grade 2 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level.

Training - An employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level.

An employee may also, over time, be provided with a structured program of training that will allow him/her to competently perform work at higher grades.

Progression - An employee may progress to a higher grade on the basis of being able to competently perform the skills to work at the higher grade and on being selected for a position when a position at that level becomes available.

When accredited competency-based training and assessment becomes available for higher grades, successful completion of this training and assessment will be required for progression to a higher grade.

Translation from Old Structure to New - Old classifications that are to be translated to this grade include:

Labourer, Pick and Shovel;

Driver, Motor Vehicle Class 1;

Fixed Plant Attendant.

Quarry Worker Grade 3 (Advanced Attendant)

A Quarry Worker Grade 3 (Advanced Attendant) has demonstrated competency and is required to undertake work at this level.

Duties - Indicative of the tasks an employee at this level may perform are the following:

operate at least one item of Group A plant;

maintain quarry plant and equipment;

carry out basic product sampling and quality testing;

operate a weighbridge;

carry out clerical tasks and maintain simple records;

receive, issue and maintain quarry stores;

assist in on-the-job training; and

higher grade tasks for training purposes.

Responsibility - An employee at this level will be responsible for the quality of their own work, subject to routine supervision, and exercise discretion to the level of their skill and training.

Qualification - A Quarry Worker Grade 3 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level.

When accredited competency-based training and assessment becomes available for Grade 3 occupations, successful completion of this training and assessment will be a required qualification for this grade.

Training - An employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level.

An employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades.

When accredited competency-based training and assessment becomes available for higher grades, successful completion of this training and assessment will be required for progression to a higher grade.

Translation from Old Structure to New - Old classifications that are to be translated to this grade include:

Driver Motor Vehicle Class 3A;

Driver Motor Vehicle Class 3B;

Control Room Operator C;

Weighbridge Operator B;

Storeperson.

Quarry Worker Grade 4 (Operator)

A Quarry Worker Grade 4 (Operator) has demonstrated competency and is required to undertake work at this level.

Duties - Indicative of the tasks an employee at this level may perform are the following:

fault find problems and make adjustments to plant;

understand and interpret quality assurance procedures and perform analytical tests and

ascertain conformity;

operate at least one item of Group B plant;

operate a weighbridge and allocate trucks;

assist in on-the-job training; and

higher grade tasks for training purposes.

Responsibility - An employee at this level will be responsible for the quality of their work, subject to routine supervision, and exercise discretion to the level of their skill and training.

Qualification - A Quarry Worker Grade 4 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level.

When accredited competency-based training and assessment becomes available for Grade 4 occupations, successful completion of this training and assessment will be a required qualification for this grade.

Training - An employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level.

An employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades.

When accredited competency-based training and assessment becomes available for higher grades, successful completion of this training and assessment will be required for progression to the higher grade.

Translation from Old Structure to New - Old classifications that are to be translated to this grade include:

Operator Remote Control - B;

Operator Tractor <70 bhp;

Operator Mobile Crane 5-10t;

Operator Tractor 70-130 bhp;

Operator Mobile Crane 10-20t;

Operator Weighbridge - A;

Operator Tractor 130-295 bhp;

Operator Cutter Suction Dredge.

Quarry Worker Grade 5 (Skilled Operator)

A Quarry Worker Grade 5 (Skilled Operator) has demonstrated competency and is required to undertake work at this level.

Duties - Indicative of the tasks an employee at this level may perform are the following:

Carry out routine mechanical repairs;

fault find problems and make adjustments to plant;

operate at least one item of Group C plant;

operate multiple weighbridges and carry out computerised allocation of trucks;

higher grade tasks for training purposes.

Responsibility - An employee at this level will be responsible for the quality of their work, subject to routine supervision, and exercise discretion to the level of their skill and training.

Qualification - A Quarry Worker Grade 5 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level.

When accredited competency-based training and assessment becomes available for Grade 5 occupations, successful completion of this training and assessment will be a required qualification for this grade.

Training - An employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level.

An employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades.

Translation from Old Structure to New - Old classifications that are to be translated to this grade include:

Operator Remote Control - A;

Operator Navvy 0.6 - 1.5m;

Operator Dumper 12-15t;

Operator Tractor > 295 bhp @ wf;

Operator Dumper 15-20 t;

Operator Pneumatic Drill <750 cfm;

Operator Hydraulic Drill <95 kW;

Transport Clerk Special Class;

Operator Dumper 20-25t;

Operator Navvy 1.5-3.0m.

Quarry Worker Grade 6 (Advanced Operator)

A Quarry Worker Grade 6 (Advanced Operator) has demonstrated competency and is required to undertake work at this level.

Duties - Indicative of the tasks an employee at this level may perform are the following:

operate at least one item of Group D plant;

supervise, plan and control clerical and weighbridge operations;

prepare and initiate quarry blasts;

higher grade tasks for training purposes.

Responsibility - An employee at this level will be responsible for the quality of their work, subject to routine supervision, and exercise discretion to the level of their skill and training.

Qualification - A Quarry Worker Grade 6 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level.

When accredited competency-based training and assessment becomes available for Grade 6 occupations, successful completion of this training and assessment will be a required qualification for this grade.

Training - An employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level.

An employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades.

Translation from Old Structure to New - Old classifications that are to be translated to this grade include:

Operator Tractor 295-600 bhp;

Operator Tractor 450-600 bhp;

Operator Dumper 25-30t;

Tradesperson;

Shot Firer;

Operator Hydraulic Drill 95+kW;

Operator Dumper 30-50t;

Supervisor Clerk;

Operator Dumper 50-75t.

Quarry Worker Grade 7 (Special Class Operator)

A Quarry Worker Grade 7 (Special Class Operator) has demonstrated competency and is required to undertake work at this level.

Duties - Indicative of the tasks an employee at this level may perform are the following:

operate at least one item of Group E plant;

Responsibility - An employee at this level will be responsible for the quality of their work, subject to routine supervision, and exercise discretion to the level of their skill and training.

Qualification - A Quarry Worker Grade 7 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level.

When accredited competency-based training and assessment becomes available for Grade 7 occupations, successful completion of this training and assessment will be a required qualification for this grade.

Training - An employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level.

An employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades.

Translation from Old Structure to New - Old classifications that are to be translated to this grade include:

Operator Tractor > 600 bhp;

Operator Navvy 3.0-5.3m;

Operator Dumper >75t;

Operator Navvy > 5.3m.

2.3 Plant Groupings

For the purposes of the classification definitions, the "Plant Groupings" are:

(a) Group A -

Simple Processing Plant;

Motor Vehicle Class 3A and 3B.

(b) Group B -

Wheel and Tracked Loaders up to and including 220 kW;

Tracked Dozers up to and including 220 kW;

Motor Graders;

Mobile Cranes;

Dredges;

Complex fixed or portable processing plant.

Excavator up to and including 3.0 m3;

Face Shovel up to and including 3.0 m3;

Dragline up to and including 3.0 m3;

Dump Truck over 12 t and up to and including 25 t capacity;

Motor Scraper over 12 t and up to and including 25 t capacity;

Off Highway Water Carts;

Wheel or Tracked Loader over 220 kW and up to and including 450 kW (not employed at a hard rock face);

Tracked Dozer over 220 kW and up to and including 450 kW (not employed at a hard rock face);

Air Drill;

Hydraulic Drill up to and including 95 kW;

Sophisticated, computer managed processing plant.

(d) Group D -

Wheel and Tracked Loaders over 220 kW and up to and including 450 kW (employed at a hard rock face);

Tracked Dozer over 220 kW and up to and including 450 kW (employed at a hard rock face);

Dump Truck over 25 t and up to and including 75 t capacity;

Motor Scraper over 25 t and up to and including 75 t capacity;

Hydraulic Drill over 95 kW.

(e) Group E -

Excavators over 3.0 m3;

Face Shovels over 3.0 m3;

Dragline over 3.0 m3;

Dump Truck over 75 t capacity;

Wheel Loaders over 450 kW;

Tracked Dozers over 450 kW.

P. J. SAMS D.P.

____________________

Printed by the authority of the Industrial Registrar.

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