BLUE CIRCLE BERRIMA WORKS K5 TEMPORARY LABOUR (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 4126 of 2005)
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Before Mr Deputy
President Sams
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23 September 2005
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REVIEWED AWARD
1. Preamble &
Contents
1.1 Preamble
This award has been negotiated to regulate the
employment of temporary labour required during the operation of K5. The parties acknowledge that:
(a) this temporary
labour is surplus to the usual labour requirements of the Berrima Works when
operated essentially as a single kiln operation utilising K6;
(b) the temporary
labour shall be gainfully employed on productive work subject to the terms of this
award;
(c) when K5 is not
running, the temporary labour will provide an opportunity for regular BCSC
employees to take accrued leave generally and in particular over the Christmas
period, especially those with excessive amounts of accrued annual leave;
(d) BCSC may in
its complete discretion terminate the temporary labour (in accordance with
clause 6 of this award) when the need for it has passed associated with the use
of K5 in the current market context; and
(e) to avoid any
doubt, this award is not to be used as a device to employee regular BCSC
employees.
1.2 Contents
1. Preamble
& Contents
1.1 Preamble
1.2 Contents
2. Dictionary
2.1 Definitions
3. Parties
And Application
3.1 Application
3.2 Commencement and Nominal Term
4. Parent
Award
4.1 Application of Parent Award
4.2 Certain Provision in the Parent Award Not to Apply
5. Contract
Of Employment
5.1 Offer of Employment
5.2 Notice to Appropriate Union
5.3 Probation
6. Redundancy
6.1 Determination
6.2 Notice
6.3 Redundancy Pay
7. Temporary
Employee Obligations
7.1 General
8. Work
Organisation & Temporary Numbers
8.1 Temporary Employees to Work to Their Level of Competency
8.2 Overtime
8.3 Training
8.4 Relief
8.5 Temporary Numbers
9. Taking Of
Accrued Leave By Regular BCSC Employees
9.1 Co-Operation In The Taking Of Leave
10. Discrimination
10.1 Anti-Discrimination
11. Counselling
11.1 Procedure - Unsatisfactory Performance
Schedule "A"
2. Dictionary
2.1 Definitions
In this award the following words shall have the meaning given
to them by this dictionary:
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BCSC
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Blue Circle Southern Cement Limited;
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Temporary Employee
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a person employed by BCSC under the terms of this award
pursuant
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to a letter of appointment as set out in Schedule
"A";
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Temporary Labour
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as for temporary employee;
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Start Date
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the day when the Industrial Relations Commission of NSW
makes
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this award;
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Unions
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the Automotive, Food, Metals, Engineering, Printing and
Kindred
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Industries Union NSW Branch, the Electrical Trades Union
of
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Australia, New South Wales Branch;
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Appropriate Union
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the relevant union;
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Appropriate action
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in clause 11 includes training, further review, warning
(verbal or
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written) or dismissal from employment;
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Regular BCSC employee
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a person employed by BCSC under the terms of the parent
award
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and to avoid any doubt, not pursuant to a letter of
appointment as set
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out in Schedule "A";
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Federal Act
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the Workplace Relations Act 1966;
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Act
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Industrial Relations Act 1996;
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K5
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Kiln No. 5;
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K6
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Kiln No. 6;
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Berrima Works
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the Berrima Works operated by BCSC at Taylor Ave New
Berrima
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NSW;
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Parent Award
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the Blue Circle Southern Cement Ltd (State) Award 2004
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Accrued Leave
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accrued statutory leave and rostered days off;
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Excessive accrued annual leave
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accrued annual leave in excess of 240 hours; and
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Christmas period
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the period form 1 December to 31 January.
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3. Parties and
Application
3.1 Application
This award shall apply to and is binding on regular BCSC
employees, temporary employees, BCSC and the Unions.
3.2 Commencement and
Nominal Term
This award shall take effect on and from 20 November
2002 and shall have a nominal term of eighteen months.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act, 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of NSW on 28 April 1999 (310 I.G. 359) and take effect on
23 September 2005.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
4. Parent Award
4.1 Application of
Parent Award
Subject to clause 4.2 the parent award shall apply to a
temporary employee.
4.2 Certain
Provision in the Parent Award Not to Apply
Despite anything else in this award clause 24,
Redundancy and Schedule "A", Security of Employment of the parent
award shall not apply to a temporary employee.
5. Contract of
Employment
5.1 Offer of
Employment
For a person to be employed under the terms of this
award as a temporary employee, they must be offered and accept such employment
in accordance with a letter of appointment as set out in Schedule "A"
to this award.
5.2 Notice to
Appropriate Union
Upon executing a letter of appointment in accordance
with clause 5.1 a copy shall be sent, by BCSC, to the appropriate union.
5.3 Probation
From a temporary employee’s commencement date they will
be employed on probation for a period of one month.
6. Redundancy
6.1 Determination
If BCSC determine that the work being performed by a temporary
employee is no longer required to be performed because K5 is not at that time
being operated, then BCSC may (in its complete discretion) terminate the
employment of a temporary employee but only in accordance with this clause.
6.2 Notice
In lieu of any notice arising from the parent award, to
affect the termination of employment of a temporary employee in accordance with
clause 6.1 BCSC shall give a temporary employee two weeks notice of termination
of employment and a further three weeks payment in lieu of notice.
6.3 Redundancy Pay
BCSC shall pay to each temporary employee terminated in
accordance with this clause an amount calculated as follows as a redundancy
payment:
(a) If the
temporary employee is under 45 years of age:
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Less than 1 year’s service
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pro rata of 4 weeks’ pay;
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1 year and less than 2 years
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4 weeks’ pay; and
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2 years and less than 3 years
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7 weeks’ pay.
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(b) If the
temporary employee is 45 years of age or over:
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Less than 1 year’s service
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pro rate of 5 weeks’ pay;
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1 year and less than 2 years
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5 weeks’ pay; and
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2 years and less than 3 years
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8.75 weeks’ pay.
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7. Temporary Employee
Obligations
7.1 General
A temporary employees must perform their work and do everything
connected with it:
(a) in accordance
with this award;
(b) with due care
and skill and to their level of competency;
(c) safely, and in
accordance with BCSC’s safety requirements;
(d) in accordance with
the day to day operational directions given by BCSC;
(e) in accordance
with any operating or work procedures, methods or systems relevant to the
performance of their work;
(f) using best
efforts to promote BCSC's business;
(g) without
jeopardising or damaging BCSC's business; and
(h) in compliance
with all relevant laws.
8. Work Organisation
& Temporary Numbers
8.1 Temporary
Employees to Work to Their Level of Competency
A temporary employee shall perform such work as BCSC
require subject to their level of competency.
8.2 Overtime
Subject to any fatigue management plan in operation at
the Berrima Works, regular BCSC employees will be given preference over
temporary employees in the allocation of overtime.
8.3 Training
Regular BCSC employees will be given preference over
temporary employees in the allocation of training unless the training is
required to allow a temporary employee to perform their work.
8.4 Relief
Regular BCSC employees will be given preference over temporary
employees in performing relief roles that the regular BCSC employees are
competent to perform.
8.5 Temporary
Numbers
Subject to this award, the number of temporary
employees employed will be agreed to from time to time by the parties.
9. Taking of Accrued
Leave By Regular BCSC Employees
9.1 Co-Operation
In The Taking Of Leave
The employment of the temporary employees provides an
opportunity for regular BCSC employees to take accrued leave. Accordingly regular BCSC employees:
(a) will positively
co-operate with BCSC in the taking of accrued leave during this period; and
(b) who have
excessive accrued annual leave will meet with their department manager (in the
first month of this award) and agree on a reasonable amount of excess leave to be
taken at a time during the nominal term of this award (with a priority on the
Christmas period) provided that temporary employees are competent and available
to relieve them.
10. Discrimination
10.1 Anti-Discrimination
(a) 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
responsibilities as a carer.
(b) It follows
that in fulfilling their obligations under the conflict procedure prescribed by
this award (or the parent 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 that, by its terms or operation, has a direct or indirect discriminatory
effect.
(c) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise a temporary employee because the
temporary employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or providing
junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(e) 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.
Notation:
(a) Employers and
temporary employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) 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."
11. Counselling
11.1 Procedure -
Unsatisfactory Performance
Upon BCSC becoming aware that a temporary employee has
acted contrary to clause 7 they shall:
(a) undertake an
investigation of the matter;
(b) put the matter
to the temporary employee with any relevant supporting information BCSC is
aware of and allow them to respond;
(c) consider the temporary
employee’s response;
(d) conclude
whether or not the temporary employee has acted contrary to clause 7.1;
(e) explain why
the conclusion reached has been arrived at;
and then
(f) take such
appropriate action as BCSC see fit.
To avoid any doubt during this process a temporary
employee may be:
(a) accompanied by
a delegate of an appropriate union; or
(b) represented by
an official of the appropriate union.
Schedule "A"
Dear
Re: LETTER OF APPOINTMENT AS A TEMPORARY EMPLOYEE
Background
Due to market demand it has become necessary to temporarily
return our No 5 Kiln Wet Process Plant to operation. This requires additional labour resources for plant operation,
maintenance and general cleaning.
Offer & Terms
BCSC offers to employ you in the position of
______________________ as a temporary employee. Your employment will commence
on ______________ .
Your employment is regulated by the Blue Circle Southern
Cement Ltd Kiln No. 5 Temporary Labour (State) Award a copy of which is
attached.
Acceptance
If you wish to accept this offer, please sign the original
of this letter and return it to me by _____________.
The copy of this letter, attached, is for your record.
Yours faithfully
R STRODE
Human Resources Manager
P. J. SAMS D.P.
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Printed by
the authority of the Industrial Registrar.