AUSTRALIAN STEEL MILL SERVICES PTY ENTERPRISE AWARD 2005 - 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Steel Mill Services Pty.
(No. IRC 5350 of 2005)
Before Mr Deputy President
Grayson
|
27 October 2005
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
20. Annual
Leave
21. Annual
Holidays Loading
37 Anti-Discrimination
17. Call-Out
13. Casual
Employment
33. Clothing
5. Conditions
of Employment
27. Contract of
Employment
31. Disputes
Procedure
32. Essential
Services
15. External
Contractors
14. Fixed Term
Employment
12. Higher
Duties
6. Hours
26. Job
Transportation
34. Leave
Reserved
22. Long
Service Leave
8. Maximum
Payment
16. Meals and
Crib Breaks
30. No Extra
Claims
3. Objectives
of the Award
25. Occupational
Health and Safety
24. Other
Leave
39. Other
7. Overtime
2. Parties
Bound
4. Period of
Operation
36. Personal/Carer’s
Leave
18. Public
Holidays
19. Requirement
to Work in Accordance with the Needs of the Industry
11. Salaries
23. Sick Leave
35. Superannuation
28. Time and
Payment of Wages
1. Title
9. Training
29. Union
Delegates
38. Union Dues
Deduction
10. Wages
PART B
MONETARY RATES
Wage and Allowance
Rates Schedule
Appendix A - Integrated
Work Groups: Consultation
Appendix B -
Anti-Discrimination
Appendix C - Twelve [12]-Hour Shift Details
PART A
1. Title
This Award shall be known as the Australian Steel Mill
Services Pty. Enterprise Award 2005 - 2008.
2. Parties Bound
This Enterprise Award shall be binding upon Australian Steel
Mill Services Pty of BlueScope Steel Limited ("BSL") Recycling Area,
Springhill Road, Port Kembla and The Australian Workers’ Union, New South
Wales, and employees who are eligible to be members of that union. This Enterprise Award supersedes all other
Awards and Agreements on this site, but shall observe the ASMS Sick Leave
Enterprise Agreement.
3. Objectives of the
Award
3.1 To provide a
healthy and safe working environment for all employees and to ensure the
Company and employees comply with relevant safety standards.
3.2 To provide
essential services to BSL in the material movement, processing and distribution
off-site of Furnace Slag and Aggregate products.
3.3 To ensure our products
and processes meet all safety, quality and environmental standards.
3.4 To improve the
quality of working life and develop career opportunities through training and
development.
3.5 To enhance
productive performance by encouraging Work Groups and Management participation
and acceptance of responsibility and decision-making.
3.6 To provide
equal opportunity in employment and to maintain a process of affirmative action
to suit the needs of the business in accordance with the relevant legislation. Also refer to Appendix B.
3.7 12-Hour Shift
Pattern, to provide a more efficient operation.
4. Period of
Operation
This Enterprise Award shall operate from the first pay
period to commence on or after the 1st April 2005 and remain in force for a
period up until 31st March, 2008.
This Award rescinds and replaces the Australian Steel Mill
Services Pty 1997-1999 Enterprise Award As Amended 2004 published 23 July 2004
(345 I.G. 475) and all variations thereof.
5. Conditions of
Employment
5.1 This Award
shall form the terms and conditions of employment for all employees working
within the scope of the payment structures in Clause 10, Wages, and Clause 11,
Salaries.
5.2 Where Work
Groups recommend changes to any terms and/or conditions of this Enterprise
Award, they will place such proposed changes before Management and delegates
and be reviewed by the Consultative Process (Refer Appendix A.).
5.3 This Award has
been negotiated through extensive consultation between Management and
employees. The content of the Agreement
has been canvassed with all parties.
All parties are entering into this Agreement with full knowledge as to
the content and effect of the document.
The parties declare that this Award:
(a) Is not
contrary to public interest.
(b) Is not unfair,
harsh or unconscionable.
(c) Was at no
stage entered into under duress, and;
(d) Reflects the
interests and desires of the parties.
6. Hours
6.1
(a) It is an
intention of this Award that at the start and finish times of employees, they
will be at their actual place of work within the Company’s operations. All wash-up time shall therefore be taken at
the expiry of the employees’ ordinary hours of work each day.
(b) The parties
intend that there will be minimum disruption to operational efficiency between
shift changes. Employees shall commence
and complete their hours of work at their actual workplace within the Company’s
operations. All wash-up time shall be
taken at the expiry of the employees’ normal hours of work.
6.2 A regular
starting and finishing time within the normal span of hours shall be fixed
which shall not be altered, except after notice of at least a week, to the
employee concerned. Notice less than
one week may be given by agreement between the employer, the employee, and the
majority of the employees in the Work Group.
6.3 Day Shift
Employees:
(a) The ordinary
hours of day workers shall be 38 per week, to be worked eight hours per day,
Monday to Friday inclusive, between the hours of 6.00 a.m. and 6.00 p.m.
(b) Except as
provided elsewhere in this Award, the ordinary working hours shall be worked in
accordance with the following provisions for a four-week cycle:
(i) The ordinary
working hours shall be as a four-week cycle, Monday to Friday inclusive, with
19 working days of 8 hours’ duration, with 0.4 of one hour on each day worked
or for each day on approved or entitled leave accruing as an entitlement to
take an accrued Roster Day Off (RDO) within the four-week cycle following the
date of entitlement.
(ii) The taking of
the RDO shall be determined by Management in consultation with employees in the
Work Group, having regard to the needs of the business, health and safety
issues and any legal requirements.
(iii) However, where
the RDO cannot be taken within the four-week cycle following the date of
entitlement, due to legitimate reasons, at any one time up to a maximum of four
(4) RDOs may be accumulated.
(iv) Where an
employee intends to take accumulated RDOs, a written application form must be
submitted prior to and approved by the employee’s Supervisor/Manager in
writing, giving at least 24 hours’ notice.
(v) Each day of
paid leave taken and any public holidays occurring during any cycle of four
weeks shall be regarded as a day worked for accrual purposes.
(vi) An employee who
has not worked or is not regarded as having worked a complete four-week cycle,
shall receive pro rata accrued entitlements for each day worked (or each
fraction of a day worked) or regarded as having been worked in such cycle,
payable for the accrued Roster Day Off, (RDO) or in the case of termination of
employment, on termination.
(vii) The accrued
Roster Day Off (RDO) may be worked where that is required by the employer in
which case, in addition to accrued entitlements, the employee shall be paid at
the rates prescribed for Saturday work.
6.4 Shift Work:
(a) If two shifts
are worked, they shall be worked between the hours of 6.00 a.m. and
midnight. Where shift patterns may be
required from time to time outside these hours the Company and the employees
shall agree to work through the Joint Consultative Making Process (refer
Appendix A).
(b)
(i) Afternoon
shift shall commence normally at 2.00 p.m. and finish at 10.00 p.m.
(ii) Night shift shall
commence normally at 10.00 p.m. and finish at 6.00 a.m. on the next day.
(iii) A regular
starting and finishing time within the normal span of hours shall be fixed,
which shall not be altered except after notice of at least a week to the
employee concerned. Notice of less
than one week may be given by agreement between the employer, the employee, and
the majority of the employees in the Work Group.
(c) Shift work
hours between Monday and Friday, inclusive, shall be paid as ordinary hourly
rates. Time worked on a Saturday,
Sunday or a Public
Holiday shall be paid in accordance with Clause 7,
Overtime, provided an ordinary shift commencing before, and extending beyond,
midnight Friday, shall be regarded as a Friday shift.
(d) Accrued
Rostered Days Off (RDO) as per Sub-Clause 6.3 (b) of Clause 6, Hours, shall
apply to eight (8) hour shift workers.
(e) By
consultation and agreement between Management , employees and union, a special shift
may be worked, commencing Sunday night shift and continuing to Thursday night
shift (five shifts) paid at appropriate shift penalties with Sunday penalties
for the Sunday shift.
(f) Shift Work
Allowances for Shift Workers:
Subject as in the Award otherwise provided, shift
workers shall be paid, in addition to the rates payable under this Award, shift
work allowances at the rates as set out in Items 1 to 4 of Table 1 of Part B
Monetary Rates, per 38-hour week in respect of all shifts worked.
6.5 Twelve [12]
-Hour Continuous Shift Operation:
[Refer Appendix C.
2. Hours - (a), (b),
(c), (d), (e),
(f) ].
7. Overtime
7.1
(a) For all work
done outside ordinary hours, the rates of pay shall be time and a half for the
first two hours and double time thereafter.
Such double-time to continue until the completion of the overtime work.
(b) This Clause
shall not apply when the time is worked by arrangement between employees with
the approval of Management.
7.2 Any overtime
worked on Saturday - time and a half for the first two hours, then double time
thereafter, with a minimum payment of four hours, provided shift workers, for
their ordinary shifts of eight hours, shall be paid at the rate of time and a
half.
7.3 Any overtime
worked on Sunday - double time.
7.4 Any work done
on public holidays will be paid at the rate of double time and a half, with a
minimum payment of four hours.
7.5 The hourly
rate, when computing overtime, shall be the relevant rate for the job as per
Clauses 10, Wages, and 11, Salaries.
7.6 Rest Period
After Overtime:
(a) When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least ten [10] consecutive hours off duty between the
working of successive working days.
(b) An employee
(other than a casual employee) who works so much overtime between the
termination of the employee’s ordinary work on one day and the commencement of
ordinary work on the next day, such that the employee has not had at least ten
[10] consecutive hours off duty between those times must,
subject to this Sub-Clause, be released after
completion of the overtime until the employee has had ten [10] consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
(c) By agreement
between Management and an individual employee, the 10-hour rest break provided
for in this Clause may be reduced to a period of no less than 8 hours then
when an employee resumes or continues
work without having had the ten [10] consecutive hours off duty, the employee
must be paid at double rates until he or she is released from duty for such
period. The employee is then entitled
to be absent until he or she has had ten [10] consecutive hours off duty
without loss of pay for ordinary working time occurring during the absence.
8. Maximum Payment
8.1 Shift
allowances and special rates shall not be subject to any premium or penalty
provisions.
8.2 All rates
prescribed by this Award shall not exceed double the rate as prescribed by
Clauses 10, Wages, and 11, Salaries, except as provided for in Clause 7.,
Overtime.
9. Training
9.1 This Award has
been formulated on the basis of providing multi-skilling and flexibility
opportunities for Company employees. In
this regard demarcation provisions are not included; providing employees are
suitably qualified, they may be required to carry out any work function
contained within the employer’s operation.
9.2 Each Work
Group, with Management, will monitor training needs for skills required within
the Work Group, to meet operational requirements.
9.3 All training
will be competency-based, with clearly defined and agreed performance
standards. Employees will have to
demonstrate capability against these standards as part of the assessment
process and a reasonable amount of additional training will be given in
accordance with the training needs of the business in each area of operation,
as identified in a training plan. Where
an employee fails to meet performance
standards after a reasonable amount of additional training, continued
training for that employee may be withdrawn.
9.4 Training will
be consistent with the work skills required by the Company and the Work Group
through the process of a training-needs analysis and skills audit.
9.5 The Company is
committed to an objective of equal opportunity and affirmative action, which
will apply to all employment practices.
9.6 The Company
will pay for reasonable training costs incurred by an employee for the
Company-sponsored/approved Courses.
Time spent travelling and attendance time will be paid at ordinary
rates. Reasonable out-of-pocket
expenses shall be provided by the employer.
Reimbursement of reasonable training costs, travelling and attendance
time, and reasonable out-of-pocket expenses shall be subject to the
presentation of reports of completion and/or competency.
9.7 Career
Progress:
(a) Where from
time to time vacancies occur for any positions within the Organisation covered
by this Award, such vacancies are first to be offered to operators from within
the host department then next to any other operators and then to all employees
Company wide covered by this Award meeting the criteria as set out in
Sub-Clause (b) and (c) of this Clause.
(b) First
preference shall be afforded to applicants with a demonstrated history of
performance and commitment to ASMS Occupational Health & Safety standards.
(c) From those
applicants referred to in Sub-Clause (a & b), of this Clause, the selection
process will afford preference to -
(i) applicants
who meet the skills/qualifications/experience criteria required;
(ii) all employees
covered by this Award.
(d) This selection
shall involve consultation between Management and the relevant Work Groups,
giving consideration to career development through needs-based training.
(e) If there are
no internal applicants or in the event internal applicants are not successful,
the Company shall advertise externally.
Selection shall be based on the same criteria as applied to the internal
applicants.
(f) An employee
shall be given at least five (5) ordinary working days’ notice if required to
work shift work. Notice less than one
week may be given by agreement between the employer and employee, within
his/her relevant Work Group, but still attract relevant penalty rates.
10. Wages
10.1 The minimum
rates to be paid to any classification of employee shall be in accordance with
the definitions as listed in this Section.
10.2 All new employees
shall be employed on a three [3] months’ probationary period.
10.3 During the
probationary period an employee’s employment may be terminated for a reason or
reasons connected with the employee’s lack of commitment to safety performance, capability or conduct,
or based on the Company's operational requirements.
10.4
(a) Effective
first pay period to commence on or after 1st April, 2005, to 31st March,
2006. Refer (1) Part B, Wage and
Allowance Rates Schedule.
(b) Effective
first pay period to commence on or after 1st April, 2006, to 31st March,
2007. Refer (2) Part B, Wage and
Allowance Rates Schedule.
(c) Effective
first pay period to commence on or after 1st April, 2007, to 31st March,
2008. Refer (3) Part B, Wage and
Allowance Rates Schedule.
10.5
(a) Entry Level
shall mean a person (other than a tradesperson) on probation.
Thirty-eight hour rate - an amount per hour as set out
in Part B, Wage and Allowance Rates Schedule.
(b) Operator Level
1 shall mean a person (other than a tradesperson) undertaking training for
Level 2 classification.
Thirty-eight hour rate - an amount per hour as set out
in Part B, Wage and Allowance Rates Schedule.
(c) Operator Level
2 shall mean a person assessed as competent and employed in one Furnace Department
core skill (in training for Level 3), or two of the following operations:
Water Cart; Dump Truck; Front-end Loader (general
push-up duties); Crushing & Screening Plant (equivalent to two skills);
Metal Recovery Plant (equivalent to two
skills); Blending Plant (equivalent to two skills); Road Sweeper; Fuel
Truck; Bobcat with all attachments or
Road Maintenance (equivalent to two skills); Weighbridge Operator or
Storeperson and persons in training for Level 3 classification.
Thirty-eight hour rate - an amount per hour as set out
in Part B, Wage and Allowance Rates Schedule.
(d) Operator Level
3 shall mean a person assessed as competent and employed in two Furnace
Department core skills (in training for Level 4), all Road Maintenance, or two of
the following operations:
Feed Crushing and Screening and Metal Recovery
Plant; Sales Loader; 771B and 114B Cranes; Excavator; Belt Repairs; D10 Dozer; Weighbridge
Operations including invoice / account reconciliation; Fuel Truck with chain repair; General
Repair/Maintenance Tradesperson and higher level Tradesperson not yet competent
in Level 4 skills.
Thirty-eight hour rate - an amount per hour as set out
in Part B, Wage and Allowance Rates Schedule.
(e) Operator Level
4 shall mean full-time Fitters, Boilermakers and Electricians who have been
assessed as competent in technical skills that are at a higher and more
exacting level than the Repair/Maintenance employee Level 3, or Operators with
three [3] Furnace Department core skills or 771B and 114B Cranes, including
routine maintenance of same.
Thirty-eight hour rate - an amount per hour as set out
in Part B, Wage and Allowance Rates Schedule.
(f) Operator
Level 5 - Special Class Tradesperson -
shall mean an Operator
Level 4 Tradesperson with the following requirements :
A. Primary
Tradesperson Role.
B. Base
Trade Qualification.
C. Post
Trade Qualifications (any 2 from those listed in B below).
D. In-House/Company-Specific
Objectives/Outcomes.
A. Base
Trade Qualifications
Fitter
Plant Mechanic
Boilermaker
Auto Electrician
Electrician
B. Post
Trade Qualifications
CAT Training
|
PM
|
Welding 8 and 8E
|
All
|
Hydraulics 1 & 2
|
PM
|
Air Conditioning
|
AE/PM
|
Pneumatics 1 & 2
|
PM
|
Power Lockouts
|
E/AE
|
Diesel 1 & 2
|
PM
|
Fuel Injection
|
PM
|
HVC Certificate
|
PM
|
Scales
|
AE/PM
|
Welding 1, 1E, 3 & 3E
|
All
|
PLC
|
AE/PM
|
MIG & TIG
|
All
|
Explosive Power Tools
|
AE
|
Electric Arc
|
All
|
Lifting Skills
|
All
|
Oxy 1 & 2
|
All
|
Mobile Equipment tkts.
|
All
|
Welding 6 & 7
|
All
|
|
|
In addition to the two post-trade skills, the higher
paid Tradespersons shall have at least one plant skill that assists with
flexibility on the plant.
C. Company
Specific Objectives/Outcomes
It is essential that Level 5 Tradespersons are
committed and will respond to the needs of the business, not frustrate the
needs of the business. To this end, the
following items assist both the employer and the employee to obtain the best
value for each other.
1. Customer-focused: Know their customers' business and respond
to this in ways that ensure their work group can meet those needs.
2. Attuned to
the business needs: Know the
requirements of the various work groups and respond with a maintenance programme
that attains their needs.
3. Suitable
training: People who are prepared to be
trained in various roles inside and outside their main role.
4. Flexibility: Tradespersons who, while carrying out their
primary role within the organisation, are willing to use other skills to keep
the business going, e.g. maintenance people willing to operate machines and
equipment on a needs basis in their work areas, or other areas of ASMS.
It is recognised that the primary role of tradespersons
in ASMS is the maintenance and upkeep of the Company's plant and
equipment. The use of their operator
skills enables the Company to maintain production to satisfy customers in a
particular work area when an operator shortfall occurs in their work groups.
Should tradespersons be found to be not complying with
the requirements of Level 5 and normal counselling processes do not resolve the
issue, the matter will then be dealt with by Disputes Procedure.
5. Perform
preventative maintenance: To advise and
perform a preventative maintenance role.
Assist to keep the plant availability high. Present ideas in a constructive manner that allows real action in
real time. Present written reports on
plant, and not to say afterwards "I told you".
6. Proactive: Respond quickly and before equipment breaks,
wherever possible. Keep in mind the
needs of production. Partner with
operational areas. Be a constructive member
of work area teams. Help the business
reduce its costs. Recognise that
operation improvements and changes are an ongoing necessity of the business, to
allow it to remain competitive.
Thirty-Eight (38) hour rate - an amount per hour, as
set out in Part B, Wage and Allowance Rates Schedule.
(g) Leading Hand -
For the purpose of this Sub-Clause, a Leading Hand may be defined as an
employee at any level, who is required to act as a Leading Hand and is formally
appointed after consultation with the Work Group and Management. The Primary Purpose of the Leading Hand
function is to allocate and prioritise work to his/her team while on shift. The
Leading Hand shall assist Management in:
(i) the safe
working procedures of employees on his/her Work Team;
(ii) keeping all
plant in his/her work environment in a safe and good working condition;
(iii) ensuring all work
is carried out to a high standard.
An amount per shift as set out in Part B, Wage and
Allowance Rates Schedule.
(h) Relief
Supervisor - An employee required to act as a Relief Supervisor formally
appointed by Management, an amount per hour as set out in Part B, Wage and
Allowance Rates Schedule.
(i) Tool
Allowance - Qualified Tradespersons shall agree to the tool requirements of the
Company and shall be paid an amount per week as set out in Part B, Wage and
Allowance Rates Schedule.
(j) Electrical
Licence Allowance - Qualified Electricians required to work without direct
supervision shall be paid an amount per week as set out in Part B, Wage and
Allowance Rates Schedule.
11. Salaries
11.1
(a) A salaried
employee (Administration and Laboratory) covered by this Clause may choose to
be paid an annualised salary.
(b) The annualised
salary will provide a stable income for the individual and support the team
concept. The choice of an annualised
salary shall be in lieu of payment for overtime and the system of accrued
Roster Days Off (RDO) as per Sub-Clause 6.3 Hours, Day Shift Workers.
(c) A weekly
overtime component of three hours multiplied by 1.66 times, equivalent to five
ordinary paid hours, shall be added to the weekly base rate and annualised.
(d) If, in any
26-week cycle, an individual works overtime in excess of 78 hours, the excess
hours will be paid at the rate of 1.66 times per hour. Time off in lieu of excess hours may be
requested.
(e) There will be
no reduction in payment if, in any 26-week cycle, an individual is not required
to work the paid 78 hours.
(f) The
annualised salary is paid for all periods of leave, including public holidays,
long service leave, sick leave taken, holiday leave loading and other special
leave as per Clause 24, Other Leave.
11.2 The minimum
rates to be paid to any classification of employee shall be in accordance with
the definitions as listed in this Section.
11.3 All new
employees shall be employed on a six months’ probationary period.
11.4 During the
probationary period, an employee’s employment may be terminated for a reason or
reasons connected with the employee’s lack of commitment to and safety
performance, capability or conduct, or based on the operational requirement of
the enterprise.
11.5 The levels of
pay shall be applicable to employees employed in the Administration and
Laboratory departments.
11.6
(a) Effective
first pay period to commence on or after 1st April, 2005, to 31st March,
2006. Refer (1) Part B, Wage and
Allowance Rates Schedule.
(b) Effective
first pay period to commence on or after 1st April, 2006, to 31st March,
2007. Refer (2) Part B, Wage and
Allowance Rates Schedule.
(c) Effective
first pay period to commence on or after 1st April, 2007, to 31st March, 2008. Refer (3) Part B, Wage and Allowance Rates
Schedule.
11.7
(a) Entry Level -
as set out in Part B, Wage and Allowance Rates Schedule.
(b) Level 1 - as
set out in Part B, Wage and Allowance Rates Schedule.
(c) Level 2 - as
set out in Part B, Wage and Allowance Rates Schedule.
(d) Level 3 - as
set out in Part B, Wage and Allowance Rates Schedule.
(e) Level 4 - as
set out in Part B, Wage and Allowance Rates Schedule.
(f) Quality
Management Officer - as set out in Part B, Wage and Allowance Rates Schedule.
(g) Product and
Process Engineer - as set out in Part B, Wage and Allowance Rates Schedule.
(h) Leading Hand -
as set out in Part B, Wage and Allowance Rates Schedule.
(i) Relief
Supervisor - as set out in Part B, Wage and Allowance Rates Schedule.
12. Higher Duties
12.1 An employee
requested by Management to perform duties at a higher level than that in which
they are employed, shall be paid at the higher appropriate rate for the shift
when such duties are for the purpose of providing leave coverage, for training,
work on special projects, or trades work.
13. Casual Employment
13.1
(i) The Company
reserves the right to employ casual employees to replace permanent employees
who are absent for annual leave, long service leave, workers’ compensation, or
periods of absence without pay, but excluding short-term periods of less than
two (2) weeks’/two (2) roster periods’ absenteeism, or where the majority of
union employees of a particular area are absent on leave and cannot be covered
by reasonable overtime, as agreed between Management and union.
(ii) Immediately
upon notification of absenteeism covered in 13.1 (i) above, the Supervisor of
the relevant department shall request overtime coverage, four (4) weeks prior
to the absenteeism, and notify the relevant delegate.
(iii) It is agreed
the Company requires one week’s notice prior to the commencement of the
absenteeism to arrange casual employee coverage.
(iv) Such employees
will be engaged by the hour and may be dismissed or leave the Company’s service
with one day’s notice on either side.
13.2 A casual
employee is one engaged and paid as such.
A casual employee, for working ordinary time, shall be paid, per hour,
the hourly rate prescribed in this Award for the work which he or she performs,
plus 15 per cent loading, plus one-twelfth of the annual leave component for
all ordinary hours worked in conformity with the Annual Holidays Act
1944.
13.3 Work in excess
of normal daily hours shall attract the relevant overtime penalty.
13.4 The employment
of casuals under the terms of Sub-Clause 13.1 will be consulted with the Work
Group prior to such employment.
14. Fixed Term
Employment
14.1 A fixed term
employee is one engaged after consultation and agreement with the Work Group and
delegates and paid as such to work as additional labour required to cover
project work for a minimum period of one month, to a maximum of nine
months. The position becomes permanent
if employment continues after nine (9) months, excluding Maternity Leave.
14.2 An employee so
engaged shall be paid per hour the hourly rate prescribed by this Award for the
level of skills in which the employee is competent and is engaged.
14.3 An employee
engaged as a fixed-term employee shall be entitled to payments in respect of
overtime rates, annual leave, sick leave, public holidays and superannuation
arising under this Award.
Service as a fixed term employee will be considered when
applying for a permanent position, provided that the employment of fixed term
employees does not deprive permanent employees of the opportunity for promotion
or training.
15. External
Contractors
15.1 External
contractors may be employed for special projects, capital works and during
plant maintenance programs. However,
the use of contractors will be done with due regard to any restrictions on
overtime and the skills available on site.
16. Meals & Crib
Breaks
16.1 Eight-(8) Hour
Shift Employees:
(a) Meal breaks
shall, by agreement through consultation, be staggered to ensure operations are
continuous. Provided there is no
interruption to services available to internal and external customers, a meal
break of 20 minutes will be paid in each shift, when the shift exceeds four
hours for employees working within the scope of the payment structure in Clause
10, Wages, and 30 minutes for employees working within the scope of the payment
structure in Clause 11, Salaries.
Breaks for meals should occur at a mutually-agreed time and not beyond
six (6) hours from the normal time of commencing work. If the employee, after notifying the
Supervisor, is unable to take a break prior to it falling due, the employee
shall be paid overtime rates until the end of shift or until a break is taken.
(b) Rest Breaks:
(i) An employee
shall be given a rest break of ten minutes each shift.
(ii) The time of
taking a rest break shall, by agreement through consultation, be staggered to
meet operational requirements.
16.2 An employee
required to work overtime for four hours or more following his/her normal shift,
shall be entitled to take a 20-minute paid meal break prior to commencement of
overtime and each 4 hours thereafter.
16.3 An employee
required to work an overtime shift, being a normal work day, shall be entitled to
the normal meal break of that shift.
16.4 Meal Dockets:
(a) Where an
employee is required to work overtime following his/her normal shift, one (1)
meal ticket will be issued to the employee for each crib break allowable and
taken as set out in Sub-Clause 2. of this Clause 16.
(b) Sub-Clause 4.
(a) of this Clause 16 will not apply:
(i) when hours
are rostered, or
(ii) when the
employee is given more than twenty-four [24] hours’ notice before beginning the
overtime shift.
(c) Overtime
subject to Sub-Clause 3. of Clause 16 - one [1] meal ticket will be issued per
normal meal break. This Sub-Clause will
not apply:
(i) when hours
are rostered, or
(ii) when the
employee is given more than twenty-four [24] hours’ notice before beginning the
overtime shift.
16.5 12-Hour Shift
Employees:
[Refer Appendix C - 3. Meal Breaks (a), (b),
(c), (d), (e) ].
17. Call-Out
17.1 For the
purposes of this Clause, a "call-out" may be defined as a call-out to
work for the purpose of satisfying short-term emergency work, that otherwise
could not be postponed until commencement of the next regular shift. The scope of work shall be communicated to
the employee prior to his/her presentation for work. Should there eventuate a continuation of only the original initial
emergency work during the call-out period, the employee called out is obliged
to fulfil those duties. In the event of
a further non-related emergency arising, the employee, with Management, will
decide the magnitude of the emergency and together they will make appropriate
arrangements to accommodate such. If,
after he four (4) hours time period (Refer Sub-Clause [2] of Clause 17 of this
Award) has elapsed, the employee, with Management, will decide the magnitude of
the remaining work and together they will make appropriate arrangements to
accommodate completion.
17.2 An employee
called-out from home to work shall be paid a minimum of four [4] hours at the
relevant rate.
17.3 If such call-out
is on a Saturday, Sunday or Public Holiday it shall be paid at the relevant
overtime rate.
17.4 If a call-out
is cancelled by the Company less than one hour prior to work commencing, the
relevant minimum payment of four hours will apply.
18. Public Holidays
18.1 Employees shall
be entitled to Public Holidays, without loss of pay, as follows:
18.2 New Year’s
Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day
and Boxing Day, together with any other days which may be proclaimed as Public
Holidays for the State and observed in the locality where the Enterprise Award
operates.
18.3 The Picnic Day
shall, for the purposes of this Award, be regarded as a Public Holiday. The Picnic Day shall be the first Monday in
December or such other day as agreed.
18.4 [Refer Appendix
C. - 4. Public Holidays - (a), (b),
(c) ].
19. Requirement to
Work in Accordance With the Needs of the Industry
19.1 The employer
may require any employee to work reasonable overtime, including work on
Saturdays, Sundays and holidays, at the rate prescribed by the Award and,
unless reasonable excuse exists, the employee shall work in accordance with
such requirements.
19.2 An employee
shall work shift work if required, within his/her relevant Work Group.
19.3 An employee
shall be given at least five (5) ordinary working days’ notice if required to
work shift work. Notice less than one
week may be given by agreement between the employer and employee, within
his/her relevant Work Group, but still attract relevant penalty rates.
20. Annual Leave
20.1 As per the Annual
Holidays Act 1944.
20.2 12-Hour Shift
Workers:
[Refer Appendix C. - 5. Annual Leave - (a), (b) ].
21. Annual Holidays
Loading
21.1 In this Clause
the Annual Holidays Act 1944 is referred to as the Act.
21.2 Prior to taking
annual leave, the employee shall be paid a loading determined in accordance
with this Clause.
21.3 The loading is
payable in addition to the pay for the period of annual leave taken.
21.4 The loading is
the amount payable for the period or the separate period, at the rate per week
of 17.5 per cent of the ordinary pay of the employee immediately before
commencing annual leave.
21.5 When the
employment of an employee is terminated by the employee, and at the time of the
termination the employee has not been given and has not taken annual leave
entitlement, the employee shall be paid annual leave entitlements and loading.
21.6 Where the
employment of an employee is terminated
by the employer, for misconduct, annual leave loading shall not apply.
21.7 An employee who
is given and takes annual leave and who would have worked as a shift worker but
for the leave, shall be paid the higher of:
(a) the amount to
which the employee would have been entitled by way of shift allowances and
weekend penalty rates for the ordinary time (not including time on a holiday)
which the employee would have received during the period of the holiday; or
(b) the annual
leave loading calculated in accordance with this Clause.
22. Long Service
Leave
22.1 As per the Long
Service Leave Act 1955.
23. Sick Leave
23.1 Annual
Entitlement - Employees who have completed three months’ service who are unable
to attend for work due to personal illness or personal injury shall be entitled
to 80 hours’ paid sick leave per annum.
Management may request, and the employee is obliged to provide, a
medical certificate where the employee is absent for longer than one day.
23.2 Upon completion
of three months’ service the employee may apply for payment of any unclaimed
sick leave in respect of which payment was not made.
23.3 Each employee
shall have their common date of sick leave allowance provided on 1st January each
year.
23.4 The employee
shall where possible, within at least two hours prior to the commencement of
such absence, notify the employer of his/her inability to attend for duty and
as far as possible state the nature of the illness or incapacity and the
estimated duration of the absence.
23.5 Sick leave
shall accumulate from year to year so that any balance of leave not taken in
any one year may be taken as sick leave in any subsequent year or years.
23.6 The employer
will monitor absences and in instances where an individual employee continually
abuses sick leave provisions, Management will have the discretion to recommend
disciplinary action.
23.7 12-Hour Shift
Workers:
[Refer Appendix C - 6.
Sick Leave ].
24. Other Leave:
24.1 Jury Service:
(i) An employee
shall immediately notify the employer of the date upon which he/she is required
to attend for Jury Service. Further,
the employee shall give the employer proof of his/her attendance, the duration
of such attendance, and the amount of remuneration received in respect of such
Jury Service.
(ii) An employee,
other than casual employees, required to attend for Jury Service during the
employee’s ordinary working hours shall be reimbursed by the employer 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.
24.2 Bereavement
Leave:
(i) An employee,
other than a casual employee, shall be entitled to up to three [3] days’
bereavement leave without deduction of pay on each occasion of the death in
Australia of a person prescribed in Sub-Clause (iii) of this Clause. Where the death of a person as prescribed by
the said Sub-Clause (iii) occurs outside Australia, the employee shall be
entitled to an additional three [3] days’ bereavement leave where such employee
travels outside Australia to attend the funeral.
(ii) The employee must
notify the employer as soon as practicable of the intention to take bereavement
leave and will provide, to the satisfaction of the employer, proof of death.
(iii) Bereavement
leave shall be available to the employee in respect of the death of a person
prescribed for the purposes of personal / carer’s leave, as set out in
Sub-Paragraph (ii) of Paragraph (c) of Sub-Clause (1) of Clause 36, Personal
/Carer’s Leave, provided that for the purpose of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this Clause during any period
in respect of which the employee has been granted other leave.
24.3 Parental Leave:
An employee, other than a casual employee, shall be
entitled to parental leave in accordance with Section 53 of the Industrial
Relations Act 1996.
24.4 State Emergency
Service:
(i) For State
Emergency Service duty an employee, being a member of the State Emergency
Service, other than a casual employee, may be allowed reasonable time off work
without loss of income when a State Emergency is declared.
(ii) The employee
must notify Management as soon as practicable, of the intention to take time
off under this Clause and will provide, to the satisfaction of Management,
proof of his/her participation in the Declared State Emergency.
25. Occupational
Health and Safety
25.1 Management and
employees have agreed to work together to continue to improve Occupational
Health and Safety performance, thereby reducing costs and time losses, in
accordance with the Occupational Health and Safety Act 2000 as
amended.
25.2 All
work-related incidents and/or injuries must be reported to the appropriate
Supervisor/Manager, using the Company Incident Report form.
26. Job
Transportation
26.1 When employees
are required to travel to and from work in the employer’s vehicle, the employer
shall provide the vehicle with suitable seating accommodation, together with a
canopy to protect the employees from the weather.
27. Contract of
Employment
27.1 Except as
provided in Clause 13, Casual Employment, employment on a weekly basis shall be
covered by Clause 10, Wages, and on a monthly basis by Clause 11, Salaries.
27.2 Employees shall
perform such work as the employer shall, from time to time, reasonably require
and an employee not attending for or not performing the duty shall lose pay for
the actual time of such non-attendance or non-performance.
27.3 Notice on
Termination of Employment:
(a) Employment
shall be terminated by a week’s notice on either side, given at any time during
the week or by the payment or forfeiture of a week’s wages, as the case may be,
for employees covered by Clause 10, Wages.
(b) Subject to the
above, employment shall be terminated by a month’s notice on either side, given
at any time during the month or by the payment or forfeiture of a month’s
wages, as the case may be, for employees covered by Clause 11, Salaries.
(c) During the
probationary period such employment may be terminated at any time by either
party with the giving of one week’s notice prior to the completion of the
probationary period.
27.4
(a) This Clause
shall not affect the right of the employer to deduct payment for any day or
portion thereof during which the employee is stood down by the employer as the
result of refusal of duty or misconduct on the part of the employee.
(b) This Clause
shall not affect the right of the employer to dismiss an employee without
notice for refusal of duty (other than on Occupational Health & Safety
grounds) or misconduct and, in such cases, the wages shall be payable up to the
time of dismissal only. In these
situations the reasons for dismissal will be discussed with the union
delegates. In the event of there being
unresolved issues relating to such dismissal, it is agreed the employee be
stood down for three days on full pay whilst these issues are resolved. In the event the dismissal stands, the
three-day stand-down pay shall form part of the notice referred to in
Sub-Clause 27.3 of this Clause.
27.5 Misrepresentation
or non-disclosure of previous medical and/or employment history which may
affect the employee’s capabilities under multi-skilled and flexible employment
opportunities shall be considered as reasons for termination of employment.
27.6 For the purpose
of this Clause, continuous service shall be deemed not to have been broken by:
(i) any absence
from work on leave granted by the employer;
or
(ii) any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall, in each case, be upon the employee); provided any time so
lost shall be taken into account in computing the qualifying period of three
months.
(iii) A Letter of
Appointment will be issued to all new employees, other than casuals, and an
acceptance of the terms and conditions of employment will be signed by the
employee.
27.7
(i) Where
permanent employees are retrenched or made redundant they will receive a benefit
of four weeks’ wages for each completed year of service, to a maximum of 32
weeks.
(ii) In addition,
a retrenched or redundant employee will also receive pro rata long service
leave after five (5) years service and accrued annual leave plus loading.
(iii) Security of
Employment.
(a) It is proposed
that through the limited use of casuals where genuinely necessary, significant
fluctuations in numbers of permanent employees will cease during the life of
this Agreement.
(b) Security of
employment is important for improving working relationships, trust and
co-operating with change. We do not
want an environment where everyone is working in fear of losing their
employment. We want an environment
where people focus on doing their jobs safely and well, implementing
improvement actions, adapting swiftly to change and caring for the
business. Real employment security will
only be achieved by successful business performance. Working together in implementing change and improvement, will
maximise the security for everyone.
(c) It is not the
Company's intention to have any forced retrenchments during the life of this
Agreement.
(d) While workplace
change, new technologies and changes in operations will be ongoing, every
opportunity will be taken to effect changes through voluntary means and natural
attrition.
(e) The parties
agree that any changes in the area of employment shall be handled in the
following manner:
1. Employees
shall be offered other available permanent full time positions.
2. An employee’s
skills shall be further reasonably developed to improve flexibility.
3. Employee
numbers shall be reduced if required, by natural attrition.
4. Voluntary
Retirement Schemes may be used in preference to forced redundancies.
(f) If the above steps
do not resolve the situation, both parties agree to enter further discussions
with a view to resolving the situation to the satisfaction of both parties.
28. Time and Payment
of Wages
28.1 All employees
shall be paid not later than Thursday of each week, for work up to and
including the previous Friday night shift for employees covered by Clause 10,
Wages and Clause 11, Salaries.
28.2 All monthly
paid employees shall be paid by the 15th day of each month for the period from
the first day of that calendar month to the last day of that calendar month for
employees covered by Clause 11, Salaries.
28.3 It is a
condition of employment that payment of wages will be by electronic funds
transfer. Funds will be credited to the
employee’s nominated Bank Account on normal pay days. Should electronic funds
transfer be temporarily unavailable, payment will be made by means of Company
cheque. In these circumstances, the
Company will organise prompt cheque cashing facilities.
28.4 Any alteration
to, or enquiries regarding time sheets shall be notified to the employee prior
to such alteration.
29. Union Delegates
29.1 The Company
recognises that up to five (5) union delegates may be elected by employees.
29.2 An employee
appointed as a delegate shall, upon notification by the union to the employer,
be recognised as the accredited representative of the union to which he belongs
and shall be allowed reasonable time during working hours to submit to their
employer matters affecting the employees they represent.
29.3 A delegate
shall on request be allowed reasonable time during working hours to attend to
job matters affecting the union.
29.4 Reasonable
notice of intended absence and the duration of that absence will be given to
the employer in order to properly cover the union delegate’s work.
29.5 A delegate
shall be committed to following the Disputes Procedure under Clause 31 of this
Agreement and shall remind the employees they represent to do so on all
occasions.
29.6 Delegates shall
demonstrate leadership, together with Management, in Occupational Health and
Safety on site.
29.7
(a) During the
period of industrial strike action, one union delegate shall remain on site at
all times.
(b) During the period
of industrial strike action, any issues arising shall be dealt with by
agreement between management and the delegate on site.
30. No Extra Claims
30.1 There shall be
no further wage or salary increases during the term of this Award unless the
official Australian CPI, as measured and published by the Australian Bureau of
Statistics, in the 12-month period from 1st April, 2004, to 31st March, 2005,
exceeds five per cent.
31. Disputes
Procedure
31.1 Any dispute
arising from this Award shall be dealt with in accordance with the following
procedure:
(i) The matter
shall first be discussed between the employee affected and the appropriate
Supervisor.
(ii) If not
settled, the matter shall be discussed between the employee, the union
delegate, the appropriate Supervisor and the Departmental Manager.
(iii) If not
settled, the matter shall be discussed between the union delegate, an organiser
of the union, the Departmental Manager and the Manager Organisation Support.
(iv) If not
settled, either party may seek the assistance of the Industrial Relations
Commission of New South Wales in resolving any dispute.
31.2 A maximum time
limit of twenty-four [24] hours will apply to each step of the procedure set
out in Sub-Clause 31.1 of this Clause.
31.3
(a) While the
matter in dispute is being discussed in accordance with the Dispute Procedure,
work shall continue and the status quo, as applying before the dispute, shall
be maintained. No party shall be
prejudiced in relation to the final settlement by the continuance of work in
accordance with this Clause.
(b) During periods
of properly convened union meetings, it is agreed that despatch/sales loaders
shall continue to operate to meet customer orders/take-off demands. Failure to comply with this Sub-Clause shall
result in non-payment for the duration of absence from work duties for meeting
attendance.
31.4 Twenty-four
[24] hours’ notice of intended industrial action shall be given to Management
in order that representatives of both parties shall meet to attempt to resolve
the issue.
31.5 If industrial
action is taken after all steps defined in this Clause have failed to reach
resolution, it is agreed that the minimum level of activity defined in Clause 32
- Essential Services, shall be maintained at such times.
32. Essential
Services
32.1 Objectives of
this Clause:
(i) The parties
understand that only by delivering Essential Services can the Company achieve
the desirable benefit of ongoing security of employment.
(ii) The
obligations imposed by this Clause apply to all parties at all times,
regardless of the reasons, the nature or the extent of, industrial action,
other than serious safety or environmental issues affecting employees in
Essential Service activities.
(iii) The
obligations imposed by this Clause require that employees covered by this
Clause perform as directed, the necessary work which is part of their usual
duties, and be exempt from industrial action.
32.2 Slag Handling:
(i) Slag Handling
Essential Services shall be defined as "those activities associated with
the handling and removal of Slag from the Blast Furnace and BOS sites, in a
safe and environmentally compliant manner that does not impede upon BSL’s
operations".
(ii) These activities
include the ASMS Blast Furnace Department’s activities and transport of Blast
Furnace and BOS material generated from the above operations and the management
of incoming material storage.
(iii) The following
Operating Procedures define the level of activity per shift:
(A) No.5 Blast
Furnace and Air-Cooled Pits:
(a) Three
operators.
(b) No.5 Blast
Furnace will granulate to facilitate pit-digging only.
(B) BOS:
(a) One Pot
Carrier Operator.
(b) One Loader
Operator.
(C) No.6 Blast Furnace
and Air-Cooled Pits:
(a) Three
Operators to service Furnace Floors and Pot Carriers.
(b) One Operator
to dig Pits as required, to accommodate safe Pit tipping.
(D) Transport:
(a) Three Drivers
per shift.
(b) The Three (3)
Trucks to haul an equivalent quantity of slag from No.5 Blast Furnace and No.6
Blast Furnace as that to be dug from the respective pits. This slag will be loaded from either
stockpiles or directly from pits.
(c) BOS Rubble and
Clean Material will be hauled to maintain the agreed stockpile limit, having
due regard to incoming material. On
reaching the agreed stockpile limit, seven (7) truck loads, or the equivalent
of 350 tonnes, of both Rubble and seven (7) truck loads or the equivalent of
350 tonnes of Clean will be hauled per twelve (12) hour shift.
(d) Skulls: Once the number of skulls stockpiled reaches
sixteen (16) skulls (or more) during the course of the dispute, a maximum of
four (4) skulls will be hauled per twelve (12) hour shift.
(e) During the
period of industrial strike action, one union delegate shall remain on site at
all times.
(f) During the
period of industrial strike action, any issues arising shall be dealt with by
agreement between Management and the delegate on site.
32.3 Maintenance and
Refuelling:
(a) Workshop:
One Boilermaker, one Fitter, one Auto Electrician, one
Electrician, to be on standby on site in the case of an emergency and shall be
paid at the appropriate rate.
(b) Furnace:
One Maintenance person to be on stand-by on site at all
times during an industrial dispute for the purpose of breakdowns and safety
requirements.
32.4 Refuelling:
(i) One
Refuelling vehicle and Operator as per normal shift.
(ii) The machines
to be greased and refuelled during an industrial dispute shall be Essential
Services machinery such as to maintain current requirements under this Clause.
32.5 Environmental
Requirements:
Water Truck and/or Road Sweeper - one Operator as per EPA’s Environmental requirements.
32.6 Any new
Contracts won by ASMS with BSL that includes the need to provide Essential
Services, to be discussed between Management and the union and should be added
to this Award through exchange of letters.
33. Clothing
33.1 Personal
Protective Safety Clothing shall be issued as required, to meet relevant
Departmental Personal Protective Equipment Policies.
33.2 New employees
shall be provided with the following Personal Protective Safety Clothing as a
minimum:
(a) Four pairs of
socks;
(b) Four shirts;
(c) Four pairs of
trousers;
(d) One coat or
two jumpers;
33.3
(a) The ongoing
allocation of Personal Protective Safety Clothing to be worn by the employee
shall operate under a points system.
The points allocated to each item of Safety Clothing
are as follows :
|
|
|
|
Overalls
|
Cotton Drill
|
Navy
|
2
|
Shirts
|
Cotton Drill
|
Navy
|
1
|
|
|
Flannel
|
1
|
|
|
|
|
Trousers
|
Cotton Drill
|
Navy
|
1
|
Jackets
|
Cotton Drill
|
Navy
|
2
|
|
Bluey Jnr.
|
Navy
|
4
|
|
|
|
|
Sweat Shirt
|
Blue
|
|
2
|
Socks
|
|
|
0.5
|
(b) For Furnace
employees only -
Overalls
|
Cotton Drill
|
Navy
|
2
|
Shirts
|
Cotton Drill
|
Navy
|
1
|
|
Flannel
|
Navy
|
1
|
|
Wool
|
Navy
|
1
|
|
|
|
|
Trousers
|
Cotton Drill
|
Navy
|
1
|
|
Wool
|
Navy
|
1
|
Jackets
|
Cotton Drill
|
Navy
|
2
|
|
Bluey Jnr.
|
Navy
|
4
|
|
|
|
|
Sweat Shirt
|
Blue
|
|
2
|
Socks
|
|
|
0.5
|
T-Shirt
|
Wool
|
Navy
|
1
|
The agreed number of annual points for the terms of
this Award is 14.
(c) The issue of
work appropriate Safety Footwear will be on a needs/replacement basis.
33.4 The issue of
this Safety Clothing is an obligation on the employee that such clothes will be
correctly worn during employment in the employer’s operations. If the employee presents for work without
appropriate clothing they may be stood down until their next shift or the next
day. Repeated occurrences shall be
grounds for disciplinary action.
33.5 There will be a
clothing allowance for female office employees, as set out in Part B, Wage and
Allowance Rates Schedule.
33.6 All Personal
Protective Clothing shall comply with relevant Personal Protective Equipment
Safety Standards as from time to time may prevail.
34. Leave Reserved
34.1 Should significant
matters or changes occur during the currency of this Award, it is agreed that
an exchange of letters between the Company and the union will be implemented to
cover agreed matters.
35. Superannuation
35.1 The employer
shall contribute to a Superannuation Fund, which complies with the Act and
Regulations, on behalf of each eligible employee, a superannuation contribution
of nine (9) per cent of such eligible employee’s ordinary-time
earnings from the date of operation of this Award, and shall be varied during
the term of this award, according to relevant changes to the Act and
Regulations.
35.2 An employee may
choose to make additional contributions into the employees Superannuation Fund
from his/her weekly pay.
35.3 An employee who
chooses to make additional superannuation contributions must authorise the
Company, in writing, to pay a specified amount into his/her Superannuation
Fund.
35.4 Employees shall
have the right to adjust the amount of additional contributions, in writing,
from the 1st July each year.
36. Personal/Carer’s
Leave
36.1 Use of Sick
Leave:
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person as set out in Sub-Paragraph (ii) of Paragraph (c) of this Sub-Clause who
needs the employee’s care and support shall be entitled to use, in accordance
with this Sub-Clause, any current or accrued sick leave entitlement, provided
for in Clause 23 - Sick Leave, for absences to provide care and support for
such persons when they are ill. Such
leave may be taken for part of a single day.
(b) The employee
shall, if required, establish, either by production of a medical certificate or
Statutory Declaration, the illness of the person concerned and that the illness
is such as to require care by the employee.
In normal circumstances, an employee must not take carer’s leave under
this Sub-Clause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this Sub-Clause is subject to:
(i) the employee
being responsible for the care of the person concerned, and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a defacto
spouse who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) 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 defacto spouse
of the employee; or
(d) a same-sex
partner who lives with the employee as the defacto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
(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.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
36.2 Unpaid Leave
for Family Purpose:
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in Sub-Paragraph (ii) of Paragraph (c) of
Sub-Clause (1) of this Clause, who is ill.
37.
Anti-Discrimination
37.1 Refer to
Appendix B.
38. Union Dues Deduction
38.1 The Company
shall deduct union membership fees (not including fines and levies) from the
pay of an employee, provided that:
(i) the employee
has authorised the Company to make such deductions in accordance with
Sub-Clause 2 herein;
(ii) the union
shall advise the Company of the amount to be deducted for each pay period
applying at the Company's workplace and any changes to that amount;
(iii) deduction of
union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee, and
(iv) there shall be
no requirement to make deductions for casual employees with less than two
months’ service (continuous or otherwise).
38.2 The employee’s
authorisation shall be in writing and shall authorise the deduction of an
amount of union fees (including any variation in that fee affected in
accordance with the union’s rules) that the union advises the Company to
deduct.
38.3 Monies so
deducted from employees’ pays shall be remitted to the union on a monthly
basis, together with the necessary information to enable the reconciliation and
crediting of subscriptions to employees’ membership accounts.
38.4 The union shall
advise the Company of any change to the amount of membership fees made under
its rules, provided it does not occur more than once in any calendar year. The union shall give the Company a minimum
of two months’ notice of any such change.
38.5 An employee may
at any time revoke in writing, an authorisation to the Company to make payroll
deductions of union membership fees.
39. Other
39.1 As soon as
possible, but no later than six (6) months after ratification of this Award by
the Industrial Relations Commission , the Company and employees shall conclude
an Incident Procedure and outline a clear definition of the Employee Warning
System.
39.2 The Parties to
this Enterprise Award agree to commence negotiating the revision of appropriate
clauses six (6) months prior to the expiry date of this Award.
39.3 The Company agrees
to recognise adherence to this Award by providing a Christmas Hamper to all
current employees subject to this Award.
PART B
WAGE AND
ALLOWANCE RATES SCHEDULE
1st April
2005 to 31st March 2008
|
|
( 1 )
|
( 2 )
|
( 3 )
|
Increase %
|
|
4%
|
4.75%
|
4.75%
|
Date Applicable
|
|
1st April 2005
|
1st April 2006
|
1st April2007
|
|
|
$
|
$
|
$
|
Entry Level
|
per hr
|
21.00
|
22.00
|
23.04
|
Level 1
|
"
|
21.25
|
22.26
|
23.31
|
Level 2
|
"
|
23.22
|
24.32
|
25.48
|
Level 3
|
"
|
23.99
|
25.13
|
26.32
|
Level 4
|
"
|
25.06
|
26.25
|
27.50
|
Level 5
|
"
|
26.10
|
27.29
|
28.54
|
Quality Management Officer
|
"
|
29.22
|
30.61
|
32.07
|
Product & Process Engineer
|
"
|
31.81
|
33.32
|
34.51
|
Leading Hand (Relief)
|
"
|
13.34
|
13.97
|
14.64
|
Leading Hand
|
per week
|
66.76
|
69.93
|
73.25
|
Meal Ticket
|
each
|
10.70
|
11.25
|
11.75
|
Relief Supervisor
|
per hr
|
3.53
|
3.69
|
3.87
|
Tool Allowance
|
per week
|
12.60
|
13.20
|
13.83
|
Electricians Allowance
|
"
|
30.27
|
31.71
|
33.22
|
Shift Workers working:
|
|
|
|
|
(i)
|
Night shift, Afternoon shift
|
38hr week
|
148.55
|
155.61
|
163.00
|
(ii)
|
Night shift only
|
38hr week
|
178.25
|
186.71
|
195.58
|
(iii)
|
Afternoon shift
|
38hr week
|
178.25
|
186.71
|
195.58
|
(iv)
|
Rotating Shifts
|
38hr week
|
178.25
|
186.71
|
195.58
|
Employees working shift work for one or
|
per shift
|
50.52
|
52.92
|
55.44
|
more weeks during their normal four-
|
|
|
|
|
week cycle
|
|
|
|
|
Clothing Allowance for female
|
per annum
|
506.12
|
530.16
|
555.34
|
employees
|
|
|
|
|
Appendix A
INTEGRATED
WORK GROUPS
It is agreed that the development of integrated work groups is
a key to the future of the organisation and its employees. To this end the organisation supports the
concept that people need to have responsibility and authority to control the
things which impact on their jobs, and therefore, should be promptly and adequately
informed on the matters impacting on their work groups. Equally group members have a responsibility
to seek out information that is important to team effectiveness.
Groups given the resources and authority to make decisions
have responsibility for the outcome they control.
It is accepted that groups may require training to accept
the responsibilities recognised as appropriate for the group and such training
will be provided through the training plan.
The group will decide when it is ready to accept the
responsibilities. In order to
understand decision making and responsibility, four key areas of decision
making and responsibility, reflecting the interaction between the organisation
and the work groups, have been defined as follows:
Managerial Decision-Making - This process would involve
management making decisions in some areas and keeping the groups informed of
these decisions and
any matters arising as a result.
Joint Decision-Making - This process would involve a
process of shared agreement being reached by management and the work groups
before any action was taken.
Participative Decision-Making - This process involves
work groups taking total responsibility for decision making without any prior
reference to management.
Consultative Decision-Making - This process would
involve management seeking workforce/team input on organisational issues;
however, management would make the final decision and take responsibility.
1. Consultation
Approach:
1.1 The
consultation process defined in the context above should be broad and
widespread, and must be entered in good faith with a genuine approach to reach
a resolution.
1.2 The
consultation process provides the "opportunity" for those concerned
to contribute to the Management decision-making process.
1.3 Consultation
involves all relevant parties being afforded an opportunity to understand the
nature and impact of a proposed change, contributing their considered opinion,
and receiving a fair consideration of their contribution before Management
makes the final decision on the implementation of change.
1.4 However, if
that opportunity is abused or abandoned, Management can only consider the
(limited) contribution in the decision-making process.
1.5 Consulting
"for as long as it takes" is not conducive to genuine consultation.
1.6 Improvement
changes are continual. However, the
Company cannot be constrained and subject to "paralysis by
consultation".
1.7 The following is
a recommendation of a simple process for an effective consultation process in
the decision-making process.
2. Consultation
Period:
2.1 Change at ASMS
is inevitable and is necessary to ensure its ongoing viability.
2.2 The Company
does not propose to "consult to death" an issue where change is
required for Occupational Health & Safety reasons, efficiency and
productivity improvements or compliance.
2.3 Parties
involved in the consultation process must have the authority to agree and to
bind their respective constituency.
2.4 The Company
considers a maximum period of one (1) month of genuine consultation in good
faith is sufficient to arrive at a resolution.
2.5 However, it
may well be that the significance of an issue will demand protracted consultation.
2.6 In the event
that at the end of the consultation process, both parties agree the
consultation process is progressing, an agreed additional timeframe may be
invoked.
3. The Consultation
Process
3.1 This process
does not embrace the adherence to otherwise agreed practice or elements
contained within the ASMS Enterprise Award.
3.2 Management
shall notify union delegates of a proposal to bring about workplace change.
3.3 Within five
(5) working days after notification, Management shall provide delegates with a
written proposal and the proposal rationale.
3.4 A Consultation
Meeting between Management and an employee representation delegation shall be
convened within five (5) working days after step 4.3, to afford employees a
fair opportunity to develop a considered response, in writing, to the proposal.
3.5 At the initial
Consultative Meeting, Management will table and discuss the proposal and
rationale. Delegates will, in turn,
table the response and any counter-proposal.
3.6 Consultative
Meetings should be structured to ensure they do not to extend beyond one (1)
hour.
3.7 Both parties
will engage the consultation process in good faith and with a genuine attempt
to resolve any differences.
3.8 When, at any point
in the process, agreement is achieved, (such agreement shall be recorded in the
Meeting Minutes), Management will swiftly implement the decision within the
agreed timeframe.
3.9 In the event
the implementation process is frustrated, an immediate resumption of
consultation should commence.
3.10 In the event an
agreed position cannot be achieved in the initial meeting (Step 4.5), both
parties are to be provided further time to reconsider their proposal/response,
and convene a second Consultative Meeting within five (5) working days
(maximum).
3.11 Repeat step
3.10 if agreement is not reached after the second Consultative Meeting.
3.12 If, after the
third Consultative Meeting and the process fails to reach agreement, and it is
accepted as pointless to pursue the matter further, (now twenty (20) working
days has elapsed), either party shall notify the other in writing by 5.00 pm
the following day that the consultative process is considered exhausted and
also the rationale behind the decision.
3.13 Alternatively,
where further meetings are agreed to be worthwhile, additional meetings will be
convened within five (5) working days maximum, until either party feels the
process is exhausted, or an implementation decision is achieved.
3.14 After all
attempts to come to agreement have failed and the consultation process is
exhausted, the Company may assess/modify the proposal, taking into account any
progress achieved through the consultative process with a view to
implementation.
3.15 Through the
Consultation Process period the status quo will remain (as per Clause 33.3 of
the ASMS Enterprise Award) and there will be no industrial action.
3.16
(i) However,
prior to implementation the Company will notify delegates by 5.00 pm the
following day from the last Consultative Meeting of a "cooling off"
period of five (5) working days, in which both parties will have a period to
consider their respective positions.
(ii) This may
require the matter to be referred to the NSW Industrial Relations
Commission. Notification would need to
be sufficiently early for the matter to be heard during the "cooling
off" period.
3.17 Where the issue
is considered so significant as to seek outside assistance to achieve a
resolution, a Notice of Dispute is filed before the NSW Industrial Relations
Commission. The Commission may Direct/
Recommend both parties to further consultation if it believes the consultation
process has been prematurely concluded.
3.18 The proposed
changes shall proceed to implementation where:
(i) There is agreement
to change, or
(ii)
(a) Consultation
is declared exhausted, and
(b) At the
conclusion of the "cooling off" period, or
(iii) It is an
outcome of proceedings in the Commission.
|
|
Will ASMS consult with workforce on the proposal?
|
|
NO
|
|
>
|
|
<
|
|
|
Implement
|
|
|
|
|
|
|
|
|
|
|
|
|
|
YES
|
|
|
|
|
|
|
|
|
Notify Delegates
|
|
|
|
|
|
Within 5 working Days
|
|
|
>
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Provide delegates with written proposal and rationale
|
|
|
|
|
|
Within 5 working Days
|
|
|
>
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Initial consultative meeting
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Agreement?
|
YES
|
|
|
|
|
>
|
|
|
|
|
|
|
|
Within 5 working Days
|
|
|
>
|
NO
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Consultative meeting #2
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Agreement?
|
YES
|
|
|
|
|
>
|
|
|
|
|
|
|
|
Within 5 working Days
|
|
|
>
|
NO
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Consultative Meeting #3
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Agreement?
|
YES
|
|
|
|
|
>
|
|
|
|
|
|
|
|
|
|
|
NO
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Further Consultation?
|
|
YES
|
|
|
|
|
|
|
|
|
|
|
|
|
|
By 5pm Next Day
|
|
|
>
|
<
|
NO
|
|
|
|
>
|
|
|
|
|
|
|
|
|
Consultation Extension
|
<
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Notification in writing that consultative process is
exhausted and rationale
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Agreement?
|
|
|
>
|
|
|
Invoke "Cooling-off" period 5 Working Days
|
|
NO
|
YES
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Agreement?
|
YES
|
|
|
|
|
|
>
|
|
|
|
|
|
|
|
|
|
|
|
NO
|
|
|
|
|
|
|
|
>
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
IRC Recommendation/Decision to Implement?
|
NO
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
YES
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Appendix b
ANTI-DISCRIMINATION
1. It is the
intention of the parties bound by this Award to seek to achieve the object in
Section 3 (f) of the Industrial Relations Act 1996, to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity age and
responsibilities as a carer .
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 the operation of the provisions of this Award are not directly
or indirectly discriminatory in their effects.
It will be consistent with the fulfilment of these obligations for the
parties to make application to vary any provision of the Award which, by its
terms or operation, has a direct or indirect discriminatory effect.
3. Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in, a complaint of unlawful
discrimination or harassment.
4. Nothing in
this Clause is to be taken to affect:
a) any conduct or
act which is specifically exempted 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.
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:
a) Employers and employees
may also be subject to Commonwealth anti-discrimination legislation.
b) Section 56 (d)
of the Anti-Discrimination Act 1977 provides:
"Nothing 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."
Appendix C
TWELVE
[12]-HOUR SHIFT DETAILS
1. Objective:
This Appendix is to highlight those specific Clauses referring
to Twelve [12] Hour Shift Employees.
2. Hours: (Refer Clause 6.5)
Twelve [12]-Hour Continuous Shift Operation:
(a) The ordinary
hours of duty will be twelve [12] hours each shift. The hours rostered will average forty-two [42] hours per week
over the roster cycle of four [4] weeks, except for those employees who work an
eight [8]-week cycle.
(b) Day shift will
commence at 6.00 a.m. and conclude at 6.00 p.m.
(c) Night shift
will commence at 6.00 p.m. and conclude at 6.00 a.m. the next day.
(d) All employees
must be on the job and ready for work and to have relieved the previous shift,
by the designated start-time, as appropriate.
(e) Furnace
Department employees shall work a shift overlap of twenty [20] minutes, to
ensure transfer of operational information.
(f) Relief on the
job: In the event the incoming shift
relief at the Furnace Department does not arrive, employees may be required to
remain on the job until a replacement is arranged, to provide continuity of
production or service, or for up to a maximum of two [2] hours.
3. Meal Breaks: (Refer Clause 16.5)
(a) Two [2]
thirty-five minute meal breaks may be taken and shall be counted as time
worked. These breaks should be
arranged so they are taken approximately four [4] hours apart, at a time to
best suit the needs of the operation.
(b) An employee
required to work an overtime shift shall be entitled to the normal meal breaks
of that shift.
(c) Two [2] meal
dockets will be issued per 12-hour overtime shift.
(d) Sub-Clause 5.
(c) of Clause 16. will not apply where the employee has been notified
twenty-four [24] hours prior to the shift required to work.
(e) Meal Ticket
rate - an amount per ticket, as set out in Part B, Wage and Allowance Rates
Schedule.
4. Public
Holidays: (Refer Clause 18.4)
(a) Shift Workers
rostered off on a Public Holiday will accrue an additional day off, or if
requested by the employee, be paid out as hours within that pay period.
(b) An employee
may accrue an unpaid Public Holiday, provided that, at any one time, up to a
maximum of four [4] accrued unpaid Public Holidays may be accumulated.
(c) Where an
employee intends to take accumulated unpaid Public Holidays, a written
application form must be submitted prior to and approved by the employee’s Supervisor/Manager,
in writing, giving at least twenty-four [24] hours’ notice.
5. Annual Leave: (Refer Clause 20.2)
(a) Basis of
Payment:
An employee’s annual leave entitlement is governed by
the terms of the Annual Holidays Act 1944, which describes entitlements
in "weeks". The Act
stipulates that an employee is entitled to "4 weeks" annual leave,
plus an additional "week" for a year working a 7-day roster,
totalling five [5] weeks per annum.
Payment for annual leave will continue to be paid
according to the days rostered on to work during each week of annual leave (Pay
by Roster).
(b) Annual leave
will be credited in weeks and when taken will be deducted by the week.
6. Sick Leave: (Refer Clause 23.7)
One day is deemed twelve [12] hours paid and accrued at
single time.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.