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BASELL AUSTRALIA PTY LTD PPU CLYDE OPERATORS AWARD 2005
  
Date01/20/2006
Volume356
Part2
Page No.680
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4205
CategoryAward
Award Code 1156  
Date Posted01/20/2006

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(1156)

(1156)

SERIAL C4205

 

BASELL AUSTRALIA PTY LTD PPU CLYDE OPERATORS AWARD 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Basell Australia Pty Ltd.

 

(No. IRC 5542 of 2005)

 

Before The Honourable Justice Kavanagh

9 November 2005

 

AWARD

 

 

Clause No.         Subject Matter

 

PART 1 - APPLICATION & OPERATION OF AWARD

 

1.1       Definitions

1.2       Coverage of Award

1.3       Commencement Date and Term of Award

 

PART 2 - DISPUTE RESOLUTION

 

2.1       Dispute and Grievance Procedure

 

PART 3 - EMPLOYMENT RELATIONSHIP & DUTIES

 

3.1       Contract of Employment

3.2       Process Maintenance and Associated Matters

3.3       Basell Operator Classifications - Duties & Responsibilities

3.4       Basell Operator Job Training

3.5       Category Structure

3.6       Auxiliary Fire/Emergency Response/First Aid Policy

 

PART 4 - SALARY & RELATED MATTERS

 

4.1       Salary (Wages)

4.2       Payment of Wages

4.3       Overtime

4.4       Mixed Functions

4.5       Transport Of Employees

4.6       Shift Workers On Day Duties - Roster, Hours & Entitlements

4.7       Saturday Work - Day Workers

4.8       Sunday and Holiday Work - Day Workers

 

PART 5 - HOURS OF WORK

 

5.1       Standard Hours

5.2       Shift Work

5.3       Current Understandings

5.4       Rest Periods for Shift Workers

 

PART 6 - LEAVE

 

6.1       Annual Leave

6.2       Sick Leave

6.3       Long Service Leave

6.4       Bereavement Leave

6.5       Parental Leave

6.6       Personal/Carer's Leave

6.7       Jury Service

6.8       Public Holidays

6.9       Clarification to the Public Holiday Payment Procedure

 

PART 7 - UNION MATTERS

 

7.1       Right of Entry

7.2       Union Delegate

7.3       Notice Board

 

PART 8 - CANTEEN

 

PART 9 - ANTI-DISCRIMINATION AND HARASSMENT

 

PART 1 - APPLICATION AND OPERATION OF AWARD

 

1.1        Definitions

 

"BRG" means Basell Refinery Group represented by duly elected delegates of the union.

 

"Company" means Basell Australia Pty Ltd.

 

"Continuous shift worker" means an employee engaged under this award on a continuous shift roster.

 

"Operator" means employees employed under the terms of this Award.

 

"Operations Manager" is a day staff position not subject to this award.

 

"Parties" means Basell Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (New South Wales Branch).

 

"Union" means the Construction, Forestry, Mining and Energy Union (New South Wales Branch).

 

1.2        Coverage of Award

 

This award binds the Company, the Union and the employees of the Company employed at the Company's Clyde operations:

 

(a)        who are members of the CFMEU or eligible to be members of the CFMEU; and

 

(b)        who are engaged at the Clyde site under the classifications set out in clauses 3.3 and 3.5 of this award.

 

1.3        Commencement Date and Term of Award

 

1.3.1     This award rescinds and replaces the Basell Australia Pty Ltd PPU Clyde Operators Award 2003 published 26 September 2003 (341 IG 526), and all variations thereof.

 

1.3.2     It shall take effect from 1 April 2005 and shall remain in force thereafter until 31 March 2008.

 

1.3.3     It is a term of this basis of settlement that the operators, the CFMEU and the Company will not pursue any further claims for wages, allowances or other conditions of employment during the period up to 31 March 2008.

 

PART 2 - DISPUTE RESOLUTION

 

2.1        Dispute and Grievance Procedure

 

Subject to the Industrial Relations Act 1996 or any Act replacing that Act, any dispute or claim (whether any such dispute or claim arises out of the operation of this award or not) as to the wages and/or conditions of employment of any employee with regard to whom the Company is bound by this award and/or as to any other industrial matter pertaining to the relations of the Company (to whom this award applies) with employees (with regard to whom the Company is so bound) shall be settled in the under-mentioned manner:

 

2.1.1     The matter shall be first discussed between the employee concerned and the immediate supervisor. It is the duty of the delegate to ensure that this procedure has been followed prior to proceeding further.

 

2.1.2     If not settled within a reasonable period of time, for example, 7 days, the matter shall be further discussed between the employee, the Union delegate and the employee's immediate supervisor.

 

2.1.3     If not settled the matter shall be further discussed between the Union delegate and the Human Resources Department representative of the Company. For matters of a serious nature a BRG meeting may be convened by either party within 7 days of settlement not being reached.

 

2.1.4     If not settled, the matter shall be further discussed between the Union official, the BRG and the Company.

 

2.1.5     If the matter is still not settled, it shall be submitted to the Industrial Relations Commission of New South Wales and its decision shall be final and shall be accepted by the parties.  It is the intention of the parties that when the disputes procedure is invoked the matter in dispute will be dealt with expeditiously and until the matter is determined, work shall continue normally. Where it is agreed between the parties that there is an existing custom, work shall continue in accordance with that custom, but where there is no agreement as to custom, the Company's direction shall be accepted.  No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause.

 

PART 3 - EMPLOYMENT RELATIONSHIP & DUTIES

 

3.1        Contract of Employment

 

3.1.1     To become entitled to payment in accordance with this award an employee shall perform such work as the Company shall, from time to time, require on the days and during the hours usually worked by the class of employees affected.

 

3.1.2     An employee not attending for duty shall lose pay for the actual time of such non-attendance except where such absence is for authorised paid leave of absence in accordance with the provision of this Award.

 

3.1.3     Employment shall be terminated by a month's notice by 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.  This shall not affect the right of the Company to dismiss any employee without notice for neglect of duty or misconduct, and in such cases wages shall be paid up to the time of dismissal only.

 

3.1.4     It is a term and condition of employment and of the obligations and rights accruing under this award that an employee shall:

 

(a)        Comply with the orders of the Company to work reasonable overtime at any time during the 7 days of the week at the appropriate remuneration prescribed herein, provided that the question of what is reasonable overtime shall be determined in relation to the individual employee concerned, having regard to the particular circumstances at the time of the order by the Company; and

 

(b)       Use the appropriate protective clothing and equipment provided by the Company for specific circumstances; and

 

(c)        comply with the Company's directions to carry out work required for the safety of personnel, Plant, equipment and product; and

 

(d)       become and remain the holder of any certificates at Company expense which are required by law to be held by a person performing the duties which the Company allocates to the employee from time to time; and

 

(e)        undergo such specialised training in fire control applicable to the refinery plants and/or facilities on which the employee may be working, as the employer may require and in the event of fire in such refinery plant and/or facilities, to act as directed by the employer.

 

3.1.5     Probation Period

 

A new employee shall be regarded as probationary for the first 3 months of their engagement. After an assessment of the employee by the Company during the 3 months, the employee may be:

 

(f)        required to complete the probationary period and then confirmed in the position for which the employee was engaged, or

 

(g)       given notice of termination of service in accordance with clause 3.1.3.

 

(h)       dealt with in such a manner as the employer may think fit.

 

3.1.6     Basell Operator Statement of Principle

 

Assignment by supervisors of tasks not associated with the prime operating job in any particular circumstances will be limited naturally by the following criteria:

 

(i)         They will be associated with the process to which the Operator is engaged.

 

(j)         They will be capable of being completed within a relatively short time or of being interrupted or left unattended so as not to distract the Operator from their prime functions.

 

(k)        If tools are involved, these will be simple in their utilisation and the task will be relatively simple and within the ability of the Operator.

 

(l)         In the assignment of these tasks, an attempt will be made to achieve what is reasonable and a common sense attitude should prevail. Factors requiring consideration would include, for example:

 

(i)         the time available for the performance of the task;

 

(ii)        the Operator's ability to perform the tasks;

 

(iii)       the availability of the equipment appropriate to the performance of the task.

 

3.1.7     Operators Induction

 

The aim of the Induction Course for new operators is to provide a structured introduction to the role of an operator at Basell Clyde and introduce the basic skills common to all operator jobs. The training to be given will typically cover:

 

(m)       Introduction to Basell and to the Clyde Site;

 

(n)       Conditions of employment, rules and agreements;

 

(o)       Safety training;

 

(p)       Emergency procedures;

 

(q)       Basic operator Skills & Knowledge (including A.G.S.T.).

 

Polypropylene Site Introduction Component:

 

(r)        Introduction to Basell and the Clyde Site

 

Standard presentation on the activities of Basell internationally and within Australia and where Clyde fits into the overall scheme.

 

(s)        Conditions of Employment

 

An explanation of conditions of employment as governed by Company personnel policies and the appropriate award. Employee responsibilities.

 

(t)        Safety Training

 

Topics to be covered should include: clearance procedures, permits, confined space entry precautions, hot work precautions, area classifications, when and what protective clothing to wear, correct lifting techniques, electrical isolation of equipment, the role of AGSI and Fire Signatories.

 

(u)       Emergency Procedures

 

The Refinery emergency procedures should be fully explained along with fire fighting training, breathing apparatus training, ROV operation and St John's Ambulance first aid training.

 

(v)       Basic Operator Skills & Knowledge

 

This part of the induction is typically conducted by Granville TAFE.

 

(i)         Basic Operator Knowledge

 

Topics to be covered should include organic and inorganic chemistry explanation of pressure, temperature, vapour, pressure, density, flow (compressible and incompressible), heat transfer, control, distillation and pump characteristics.

 

(ii)        Basic Operator Skills

 

A number of basic operator skills should be explained and practiced. These include product sampling, pump lubrication, starting pumps, blowing down level gauges, isolating and depressurising plant equipment.

 

At the completion of the induction the new operator will report to the Production Manager. The new operator (trainee) will commence on the job training with the Operator Trainer and be assigned to a shift.

 

Operators are encouraged to complete the "Certificate in Chemical Plant Skills" through TAFE for which assistance under the Company's educational assistance policy is available.

 

3.2        Process Maintenance and Associated Matters

 

3.2.1     Process Maintenance

 

Consistent with the provisions of the award, the functions and responsibilities of all operatives include the clean, safe and effective operation at all times of plant and associated equipment; the evaluation of equipment performance and process conditions; the execution of running adjustments and minor repairs consistent with safe and effective operation; the preparation (including the proper isolation) of equipment for maintenance; the use of hand tools (such as spanners, wheel keys, wrenches and screw drivers) and of appliances (such as gas testing and laboratory testing equipment, portable thermometers) as may be necessary or incidental to the performance of operating functions and whose duties shall include the performance of any other task associated with the process. Appropriate training will be given to Operators (eg bolt and gasket identification). Training packages/SOP'S will, as in the past, be developed by competent people in these specific areas, and will be also based on the appropriate safety consideration for the job.

 

Without limiting the generality of the foregoing, repairs and adjustments involving use of hand tools, will include the following:

 

(a)        Insert/remove dismantle operating equipment, eg catalyst stingers.

 

(b)       Remove and replace small valves, plugs and fittings as used for bleeds, drains, vents and sample connections. (Spades not included).

 

(c)        Connect/disconnect flexible hoses for use in cleaning, smothering leaks, heating lines etc.

 

(d)       Connect/disconnect fittings to educt chemicals from containers.

 

(e)        Connect/disconnect hoses on lube oil dispensing bars.

 

(f)        Remove insulation to expose leaks, drains etc, where easily accessible and removable.

 

(g)       Remove and replace pressure gauges.

 

(h)       Monitor, drain and change oil in equipment as required.

 

(i)         Adjust and lubricate glands on valves, cocks etc.

 

(j)         Connect/disconnect screwed piping and standard fittings for temporary situations such as venting, draining and steaming out arrangements. Dismantle simple screwed piping. (Operators will not thread pipe).

 

(k)        Open, clean and/or replace filters and screens in pipelines and equipment, up to 4" diameter and PPU vacuum pump strainers. Replace filters in lines greater than 4'' diameter, where fitted with V-lock closures.

 

(l)         Tighten swagelok fittings on pipelines and equipment.

 

(m)       Isolate streams and/or equipment by removing/replacing caps, plugs and blanks on equipment and piping of diameters of up to and including 4" pipes.

(n)       Connect/disconnect gas cylinder to manifolds.

 

(o)       In an emergency, take reasonable action necessary to protect personnel, plant, equipment and product (eg fit pipe clamps on leaks).

 

(p)       Perform any other similar task not involving the application of the general trade experience of recognised tradesmen.

 

(q)       Process Pump Suction Filter P4501.

 

Suction strainer causes an immediate loss of the extruder if fouled. The Company and the Operations group agrees that P4501's suction strainer is part of a water control system and is an item that will be removed cleaned and replaced by Operators following appropriate training.

 

(r)        Pelletizer Knife Removal and Replacement

 

During operation of the Extruder lumps or broken knives can occur during start-ups of the Extruder. It is seen that removal and replacement of a prepared knife set will assist Operations in maintaining a running plant.

 

The preparation of a knife set on the carriage requires the use of precision instruments and alignment equipment and would be carried out by the Mechanical Maintenance group.

 

The Company and the Operations group agrees that removal and replacement of a knife set is an item that will be carried out following appropriate training and isolation for mechanical work.

 

It is acknowledged that the removal and replacement of a knife set is for the purpose of removal of polymer and/or replacement of a knife set. Other work associated with the maintenance of the granulator is seen as a core mechanical activity.

 

(s)        Screen Packs

 

The Company and that the Operations group agree that they will assist the Mechanical group during removal and replacement of screen packs. If during out of hours situations a Basell Maintenance tradesman is not available it is agreed that the Operations group will carry out the removal and replacement with a pre-made screen pack unit. If the problem continues, the operating team will consult with the Plant duty officer to determine appropriate action.

 

(t)        Lube Oil Filters

 

The replacement of cartridge lube oil filter elements is seen as being part of the normal operation of a running piece of equipment and therefore shall be part of process maintenance. The Company and the Operations group agree that replacement of fouled cartridge lube oil filters will be carried out as appropriate to ensure adequate lube oil filtration. The Company does not foresee the shift Operators being involved in the ordering of replacement filters, but would envisage the shift Operators logging filter changes through either a SAP Work Order notification or similar procedure in order to allow stock levels to be maintained.

 

(u)       Process Instrument Filters

 

The intention of the Company's proposal is aimed at allowing the Operator's group to take action to keep the plant on line. The proposal envisages the Operators being in a position to clean small instrument filters which requires no other action (other than cleaning) and where inaction will shutdown the plant. Right now, the instrument filters on the extruder water flow (45F011) and pressure (45P213) are the only examples for which the Company expects the Operators to take action.  Any further instrument filters which may become critical in the future will be discussed with the Operator representatives in advance. It is not the Company's desire to seek a "blanket" instrument maintenance arrangement and the Company does not wish the Operators to be involved in maintenance activities associated with analyser streams.

 

(v)       Removal and Replacement of Blanks and Fittings

 

Whilst this item is a statement of the intention of the Company to request activities that have been included in previous awards, it is felt appropriate to indicate the required activities. The Operations group should recognise that they are required to remove and replace fittings to enable process testing, cleaning and purging as may be required to ensure the continued operation of the plant. Securing of loose mechanical and instrument fittings will be covered under this item also. Examples of this would be the re-securing of an instrument line or the tightening of a flange that was found loose.

 

(w)       Isolations for Mechanical Works

 

The Company plans to vary the required process for "isolation for mechanical Work" to include a padlocking procedure for each group that works on a piece of equipment. Some Operators on the plant have experience with this type of process and as such may be able to supply some input to the discussion. The Operations group would carry out the isolation, as per the current procedures for Mechanical work, with the additional requirement of padlocks on equipment lockable devices where it is agreed that the isolation process is such that it prevents the fuses from becoming part of the circuit.

 

The process of isolation will be modified to include the use of Work group padlocks. The purpose of the padlocks is to:

 

(i)         restrain the substation equipment isolator; and

 

(ii)        restrain the stop/start switch adjacent to the motor.

 

Operations would be responsible for the isolation of the equipment from the process and the power source. They would use an Operations Work group lock during this process. The Mechanical group would add their Mechanical Work group lock to the existing restraining device. At the completion of the work the Mechanical group would remove their locks and hand back to Operations.  Operations would then remove their locks and return the equipment to service.

 

Mechanical padlock isolations would only be approved on pad lockable isolator systems.

 

The Company agrees to carry out local training in the isolation procedure prior to the implementation of the required isolations.

 

Any concerns arising from any future changes in the Maintenance Group's response will be discussed with the CFMEU/BRG representatives in advance.

 

3.2.2     Illustrative Examples of Associated Tasks

 

(a)        Use chemical, mechanical or steam cleaning devices as necessary.

 

(b)       Install stick-on signs or stencil information on pipelines and equipment.

 

(c)        Perform ordinary service to and operate assigned vehicles and mobile equipment.

 

(d)       Connect/disconnect hoses to equipment (eg pumps, compressors) and delivery vehicles.

 

(e)        Rack up all types of hoses used in the performance of associated tasks.

 

(f)        Connect portable electric leads as required.

 

(g)       Attend to all equipment lubrication and lubricating devices, grease valve and cocks, clean lube oil centrifuges, filters etc.

 

(h)       Evaluate instrument performance by carrying out zero checks.

 

(i)         Service computer equipment ancillaries, eg loading computer cartridges, loading computer paper.

 

(j)         Clean plugged or fouled pipelines, drains, etc by:

 

(i)         wrapping with steam hoses;

 

(ii)        adding detergent or chemicals;

 

(iii)       mechanical rodding in simple cases.

 

(k)        Where easily accessible and on a "first aid" basis, apply "band aid" devices to leaks.

 

(l)         After appropriate training, use explosimetres as an additional safety aid and, as supplementary to existing procedures.

 

(m)       Generally taking such reasonable action as may be necessary to make a plant area safe, eg erecting a simple barrier.

 

(n)       On plant plots, handle and store materials and/or chemicals.

 

(o)       Use installed or other lifting devices as are available to aid the performance of a Basell Operative's duties.

 

TABLE A

 

Operator Routine Sample Testing Schedule

 

Time

 

Homopolymer

Random

Block

 

 

HP

RCP

Copolymer

Day Shift Operator Routine Sample Testing Schedule

0730

Powder Tests 

Rx1-MI XS * BD *

Rx1-MI XS * ET *

Rx1-MI XS *

 

Nibs

 

 

 

 

Test

HP-MI

BD* RC-MI

BD * Rx2-

 

 

 

 

MICO-MI BE*

0930

Powder Tests 

Rx1-MI * HP-MI

Rx1-MI * RC-MI

Rx1-MI * Rx2-

 

Nibs

 

 

 

 

Tests

 

 

MI * CO-MI

1130

Powder Tests 

Rx1-MI XS * HP-

Rx1-MI XS * ET *

Rx1-MI XS *

 

Nibs

 

 

 

 

Tests

MI

RC-MI

Rx2-MICO-MI BE*

1330

Powder Tests

Rx1-MI *

RC-MI *

Rx1-MI Rx2-

 

 

 

 

MI

 

Nibs Tests

HP-MI

RC-MI

RC-MI

Afternoon Shift

1530

Powder Tests 

Rx1-MI XS * BD *

Rx1-MI XS * BD *

Rx1-MI XS *

 

Nibs

 

 

 

 

Test

HP-MI

ET* RC-MI

BD * Rx2-

 

 

 

 

MICO-MI BE*

1730

Powder Tests

Rx1-MI * HP-MI

Rx1-MI * RC-MI

Rx1-MI * Rx2-

 

Nibs

 

 

 

 

Tests

 

 

MI * CO-MI

1930

Powder Tests

Rx1-MI XS * HP-

Rx1-MI XS * ET *

Rx1-MI XS *

 

Nibs

 

 

 

 

Tests

MI

RC-MI

Rx2-MICO-MI

 

 

 

 

BE *

2130

Powder Tests

Rx1-MI * HP-MI

RC-MI * RC-MI

Rx1-MI * Rx2-

 

Nibs

 

 

 

 

Tests

 

 

MI * RC-MI

Night Shift

2330

Powder Tests

Rx1-MI XS * BD*

Rx1-MI XS * BD *

Rx1-MI XS *

 

Nibs

 

 

 

 

Test

HP-MI

ET* RC-MI

BD * Rx2-

 

 

 

 

MICO-MI BE*

 

Powder Tests

Rx1-MI *

 

 

 

 

Rx1-MI *

 

 

 

 

Rx1-MI *

 

 

 

 Nibs Tests

HP-MI

RC-MI

Rx2-MI * CO-

 

 

 

 

MI

0330

Powder Tests

Rx1-MI XS * HP-

Rx1-MI XS * ET *

Rx1-MI XS *

 

Nibs

 

 

 

 

Tests

MI

RC-MI

Rx2-MICO-MI

 

 

 

 

BE *

0530

Powder Tests

Rx1-MI * HP-MI

RC-MI * RC-MI

Rx1-MI * Rx2-

 

Nibs

 

 

 

 

Tests

 

 

MI * RC-MI

 

Bound Ethylene at this time are to be done by either NIR or FTIR.

 

ET at this time to be done by FTIR or NIR.

 

Standards will be available for FTIR and NIR and are to be used by Operators when required to verify results.

 

Plant Integrity Testing

 

Operator will carry out the following tasks:

 

(i)         pH of granulate water to be locally tested using pH papers to determine the amount of Soda-Carbon to be added to the Granulate water system;

 

(ii)        testing of pH and Turbidity of the API when pumping to the river.

 

Drawing of Samples, labelling of samples and holding of samples in the lab as is done now. Frequency of testing: daily.

 

3.2.3     Team Concept of Operation

 

(a)        Plant Upsets

 

Where an upset occurs on operating plant, Operators from other units will continue to assist the Operator whose plant is experiencing the upset.

 

(b)       Normal Operations

 

It is accepted that under normal operation that Operators will assist outside their assigned area commensurate with knowledge, ability and experience of the plant in question, but not to the detriment of the Operators assigned area of operation. Senior Operators will allocate Operators to areas as needed.

 

(c)        Plant Shutdowns

 

During shutdowns, rearrangement of shift rosters may need to occur to meet the needs of the operation of maintenance handover requirements, training on days planning/monitoring of shutdown performance, normal annual leave roster arrangements will apply.

 

(d)       Contractor and Materials

 

Operators will assist in the monitoring and control of quality and performance of work carried out by contractors, through an agreed checking mechanism.

 

(e)        Product Quality Testing

 

Operators will be committed to use standard lab equipment for the changes for the purpose of plant quality control testing as per table A. If, as a result of changes or improvements to lab equipment, additional product quality results are obtained whilst carrying out a scheduled quality test, these results can be included in the schedule.

 

Examples of equipment types: IMR, NMR, FTIR and NIR.

 

Operators may be required to carry out additional lab testing as required during start-ups, grade changes and/or plant up-sets as directed by the senior operator. This testing will be required to assist in determining plant quality, eg Extra Ml or FC, BE RX2, BE Nibs / pellets random copolymer, Nibs distribution test.

 

The testing schedule presented is the routine testing requirements expected for normal operations.

 

The testing required will vary from time to time as the situation demands, eg on reaction start-ups or extruder grade changes, there may be more testing required. When the plant is shutdown, no testing will be required. As on-line instrumentation is commissioned (eg the on-line extruder rheometer,) a testing requirement will be reduced. However, the Company accepts that it would not be normal for there to be any more than 4 additional samples and tests (excluding re-testing) required over and above the nominated routine testing on any one shift.

 

If, however, for any reason additional testing, above the schedule, is required then the Senior Operator has the authority to change priorities or request additional resources in order to operate the plant effectively.

 

The shift Senior Operator will retain the right to request additional resource(s) as plant needs dictate or vary Operator scheduled tasks or actions depending upon plant priorities. However, overtime for lab sampling on plant start-ups will no longer occur as a standard practice.

 

Exclusions

 

Wet method testing for XS will not be carried by Operators.

 

3.3        Basell Operator Classifications - Duties & Responsibilities

 

3.3.1     General Description

 

(a)        Senior Operator

 

An employee appointed as such by the Company who is qualified, capable and willing to perform all Operator duties at the Site and is responsible for safely and efficiently controlling such Site under the general supervision of a staff supervisor.  Vacancies for the position of Senior Operator will be advertised internally.

 

(b)       Relief Senior Operator

 

An employee appointed as such by the Company who is qualified, capable and willing to perform safely and efficiently any duties associated with the process or equipment at the Site as required by a Senior Operator or under general supervision of a staff supervisor as necessary.

 

In addition, from time to time, the Relief Senior Operator might be called to act as the Senior Operator on shift.

 

(c)        Panel

 

An employee working under the supervision of a Senior Operator or relief Senior Operator, who is qualified, capable and willing to perform safely and efficiently such duties as are required by the Company associated with the process or equipment at the Site.

 

(d)       Operating Position 1, 2 and 3 (Operator)

 

An employee working under the supervision of a Senior Operator or Relief Senior Operator, who is qualified, capable and willing to perform safely and efficiently such duties as are required by the Company associated with the process or equipment at the Site.

 

(e)        Trainee Position

 

An employee under the supervision of a Senior Operator, Relief Senior Operator or the Operator Training Coordinator, undergoing the necessary orientation and training to enable safe and efficient performance as an Operator.

 

An employee engaged for or transferred to the position of Operative will be classified initially as a Trainee Operative.

 

(f)        The Operator Training Co-Ordinator

 

The Operator Training Co-Ordinator position will be filled by an existing senior operator or by an operator who has passed out for job knowledge evaluation in the senior head operator position.

 

The period of tenure will be approximately, but not exceeding 3 years. The period of tenure will commence on the day that an incoming Operator Training Co-Ordinator takes up the duties of the position without assistance, 3 years from that day will be known as the anniversary date. The incoming Operator Training Co-Ordinator will be nominated 6 months before the incumbent Operator Training Co-Ordinator anniversary date therefore applicants will be called for no less than 9 months prior to the anniversary date.

 

The incoming Operator Training Co-Ordinator will complete the "Train the Trainer'' and "Computer Skills" (needs based) courses between the nomination date and the commencement of the handover period. The handover period will commence no more than 2 months prior to the incumbent's anniversary date and will be needs based, but a minimum of one month is deemed as appropriate in most cases. When the incoming Operator Training Co-Ordinator has an understanding of the duties of the position and has sufficient confidence to carry them out without assistance then the outgoing Operator Training Co-Ordinator will return to shift.

 

Example:

 

July 1994

Advertise vacancy for above position

August/September 1994

Conduct interviews

October 1994

Nominate Operator to position

February 1995

Handover commences

April 1995

Handover completed, eg 7 April

 

Incoming Operator Day Trainer takes up duties, Revised

 

anniversary date 7 April 1998

 

Where the category level for the incoming Operator Training Co-Ordinator changes, the change will be permanent and not limited to the period of tenure. The Operator Training Co-Ordinator category level will be the same as the Senior Operator level for the Site.

 

If there is no replacement for the incumbent Operator Training Co-Ordinator and he/she wishes to re-apply for the position, the Operator Training Co-Ordinator must return to normal duties on shift for 2 months minimum before resuming Operator Training Co-Ordinator duties.

 

The Operator Training Co-Ordinator will primarily work on day work, however it is possible to foresee situations where it might be appropriate that he spend some time on afternoon and /or night shift. It may be necessary for example to conduct training on new equipment that needs to be carried out within certain time constraints.

 

There are circumstances where it may necessitate the Operator Training Co-Ordinator becoming for short periods part of the operating team (eg major fire and/or uncontrolled gas releases, secondly during the major complex start-up/shutdown) where demands for senior operators skills is at a premium. During a major start-ups/shutdowns there would not normally be any formal training carried out. The role of the Operator Training Co-Ordinator will not include covering shortfalls in the shift roster.

 

No guarantee of overtime is provided to the Operator Training Co-Ordinator, however it is the expectation of the Company that overtime may need to be worked by the Operator Training Co-Ordinator in fulfilling operators training needs.

 

The Operator Training Co-Ordinator will reside on the plant for most of his duties, a work area suitable for training will be provided and access to other training rooms within the refinery and various training aids located at the training Centre. The Operator Training Co-Ordinator will report to the Operations Manager but by necessity in the fulfilment of duties related to the position need to liaise with Shift Senior Operators and the external training resource providers.

 

The Operator Training Co-Ordinator will provide input to the operator formal training days in the form of training modules that fall within the Operator Training Co-Ordinator 's field of expertise. The input provided by the Operator Training Co-Ordinator should not be so extensive as to compromise the primary function of "on job training".

 

Operator Training Co-Ordinator Function: Manufacturing Location: Basell Clyde Position: Operator Training Co-Ordinator Reports to: Operations Manager Purpose: An employee appointed as such by the Company who is qualified as a Senior Operator and is required to plan, arrange and carry out training programs for operators and other nominated employees.

 

Nature and Scope of Position:

 

The incumbent is a qualified Senior Operator specifically chosen to perform Site operating and safety training.

 

The general tenure of the incumbent in this position is 3 years. However, unforseen circumstances may shorten this period.

 

Principal Duties: Assist the Operations Manager to organise and Co-ordinate new operator induction.

 

(i)         Conduct initial introduction of "on the job training" for plant operators to acquire job accreditation.

 

(ii)        Assist the Senior Operator and Operations Manager with the accreditation of operators following the completion of their training.

 

(iii)       Be responsible for filing and maintenance of all training records.

 

(iv)       Prepare, research and edit material relevant to plant processes for use in training.

 

(v)        Provide input (training modules) to operator training modules. Organise classrooms and other general administration as requested by Operations Manager.

 

(vi)       Give class presentations to selected groups on new equipment and plant modifications.

 

(vii)      Assist in the update of plant manuals and drawings.

 

(viii)     Update and modify "Tasks and Skills" booklets with new plant equipment and operating mode changes.

 

(ix)       Attend meetings and liaise with external trainers and resources to formulate training needs.

 

(x)        Conduct plant awareness training to internal and external groups on the Basell Site providing that operator training is not encumbered.

 

3.3.2     Operator Duties and Responsibilities

 

The following lists summarise the duties and responsibilities of operators. These duties and responsibilities include but are not limited to the items listed.

 

(a)        Common Duties & Responsibilities

 

(i)         Safe, clean and effective operation at all times of refining plant and associated equipment and according to instructions issued by the Company through its supervisors.

 

(ii)        Evaluation and reporting (verbally, written and through computer) of equipment performance and process conditions.

 

(iii)       Execution of running adjustments and minor repairs consistent with safe and effective operation.

 

(iv)       The preparation and isolation of equipment for maintenance.

 

(v)        The use of hand tools and equipment as necessary or incidental to the proper performance of operating functions. This will include spanners, wheel keys, wrenches and screwdrivers, motor vehicles, forklift trucks, gas testing and laboratory testing equipment, portable thermometers.  The repairs and adjustments which operators, using hand tools may make are set out in 3.2.1 above.  For guidance, illustrative examples of associated tasks are set out in 3.2.2 above.

 

(vi)       Is required to be familiar with all manuals, instructions and schedules associated with safety, operating and training relevant to the complex.

 

(vii)      Is responsible for ensuring the safe operation of the assigned area including the conduct of visitors to the plant and contractors working in the area.

 

(viii)     Is required to relieve in lower category jobs commensurate with knowledge, ability and experience and expected to undertake training as necessary to perform the duties as assigned by the Company commensurate with knowledge, ability and experience.

 

(ix)       Perform sampling and testing of process variables and equipment.

 

(x)        Minor administration tasks related to the job will be carried out as necessary.

 

(xi)       Operators will obtain the necessary WorkCover tickets stipulated in WorkCover regulations and as required by the Company.

 

(xii)      Laboratory testing will be carried out and the team support concept of operation will apply as specified in 3.2.3 above.

 

(xiii)     Raw Material and Finished Goods Reconciliation

 

The purpose of this new process is to ensure that Raw Material reception, utilisation and reconciliation, is in compliance with the International Quality Insurance requirements of ISO 9001 and that the control of the activity be done by the appropriate employees in the organisation.

 

The objective of the Raw Materials and Finished Goods Reconciliation activity is to be able to identify which batch of any Raw Material and Polymerisation Ingredients were used to make a given lot of Finished Good Polypropylene.

 

The introduction of the raw material and finished goods reconciliation will be done in 2 stages.

 

Stage 1: Will be the introduction of a manual paper system to track all raw materials.

 

Stage 2: Is to introduce a computer system to take over from the manual paper system, this system will incorporate, eg:

 

(A)       Logging/Scanning Raw Material lot information

 

(B)       Initiating actions when major Raw Materials variance occur

 

(C)       Logging/Scanning consumption points, time and quantities of Raw Material

 

(D)       Confirming completion of production orders

 

Once the computer system has been developed, tested and is reliable detailed training and on the job coaching will be provided to all shift Operators prior to implementing this new process.

 

(b)       Senior Operator

 

(i)         Directs and co-ordinates the work of other Operators at the Site.

 

(ii)        Interprets, comments on and carries out the instructions of staff supervision.

 

(iii)       Monitors the safety and efficiency of operation, quality of products and ensures reporting and sampling are carried out as required.

 

When a Standard Operating Procedure is not available for an operating task, the Senior or relief  senior operator outside normal hours will produce and document the steps involved to complete a task safely. The Senior or relief Operator will involve other on shift personnel in the job task review. During normal hours, this task will be coordinated via the senior day worker or the operator trainer as per current practice.

 

(iv)       Liaises with Shell refinery or other suppliers, as required.

 

(v)        Is required to follow and to have full knowledge of all manuals, instructions and schedules associated with safety, operating and training relevant to the Site.

 

(vi)       Ensures that the Operators on the shift are fully trained by administering training and reporting to the appropriate staff supervisor the future requirements of the shift.

 

(vii)      Requisitions and accounts for all necessary process, operational and administrative materials as required.

 

(viii)     Ensures that plant and flare surveys are carried out as required.

 

(ix)       Provides assistance, advice and support to Operators on the shift as necessary.

 

(x)        Ensures that plant safety equipment is checked regularly and any repairs, reordering or maintenance is performed.

 

(xi)       Assists in the co-ordination and planning of plant safety meetings.

 

(xii)      Is expected to attend Senior Operator meetings for the Site.

 

(xiii)     Shift Management of Overtime Sheets, Leave and Time in Lieu. The Senior Operator will correlate all relevant paper work for each member of his shift team for the pay month, eg checking the overtime hours calculation and that appropriate leave forms have been submitted. Forms are to be initialled/signed and passed to the Operations Manager for processing including a list of outstanding paperwork. Special Leave would still be authorised by the Operations Manager. The responsibility for ensuring that appropriate paperwork is submitted rests with the individual Operator. The Operations Manager maintains overall line responsibility for this process.

 

(xiv)     Taxi Authorisations. The Senior Operator will authorise taxi use as per agreed guidelines and generally call for a taxi via the Shell Gate.

 

(xv)      Maintenance Call-ins. The Senior Operator will call tradesmen direct using a PC based information system. This system will have out of hours contact numbers for easy use. Single point contractor support numbers will be included.

 

(xvi)     Feedstock Supply Liaison.  The Senior Operator may from time to time be required to communicate with Basell feedstock suppliers to advise them of plant upsets. The intention is to make the Senior Operator the main focal point for out of hour's activities in this area.

 

(xvii)    Environmental Response. The Senior Operator would be required during flaring incidents of a notifiable level (currently 15 tons per hour and a period of 5 minutes) to advise the EPA via the EPA Hot Line of the suspected reason for the incident. Guidelines are to be issued by the Company.

 

(xviii)   QIR Investigation. The Senior Operator, where appropriate, may be nominated to investigate QlR's.

 

(xix)      Radiation Source Leak Checks. The Senior Operator will carry out the testing schedule currently carried out by the Shell Shift Controller.  It is the Company's intention for the Senior Operator to test the plant radiation sources at 6 weekly intervals. The procedure involves using a hand held radiation gauge monitor to test for radiation levels at a distance of approximately 5 cm from the gauge. The gauges are also visually checked to confirm that the gauge is not physically damaged. In total, 10 PPU gauges are involved. The readings and comments are logged and a copy is sent to the Site's Radiation Co-ordinator. The timing will be set up in the Operator's Diary (and will result in the exercise being carried out by each shift approximately twice per year.) In addition, to speed up knowledge acquisition, it is proposed that the shift Senior Operator will accompany the radiation contractor, on his 3 monthly inspections (in which he carries out wipe tests and radiation checks at larger distances) to re-enforce his knowledge. Training of approximately 0.5 days duration is anticipated every 2 years.

 

(xx)       After Hours Parts/Deliveries. The Senior Operator may, on an infrequent basis, be required to assist contract tradesmen to access parts from the Basell spares system. An instruction for this activity would be produced by the Company. The Senior Operator may also be required to accept after-hours parts deliveries. It is not the Company's intention to vary the normal delivery times as a result of this agreement, and it will continue to do its best to ensure deliveries arrive during normal delivery times. Unfortunately, the Company cannot guarantee this, and on the occasions that goods arrive after hours, eg additives, the Company would request the shift team to unload the delivery vehicle, place the goods in the warehouse and leave the Goods Receipt docket for Basell's Contract & Procurement Supervisor. The Company does not expect the frequency of out of hours deliveries to increase beyond the current level, and, unless the plant shutdown is imminent, the Company would not expect it be necessary for additives to arrive or be unloaded late in the evening or during night shift.

 

(xxi)      After Hours Product Release. The Senior Operator in an after hours situation will carry out an averaging of the batch card results and provided it's within the Company guidelines release the batch for bulk loading. A signed batch card is to be faxed to the transport contractor for further processing. If the batch is outside the guidelines then the product will be marked as "ZZ Hold" and faxed to the transport contractor who will hold the product at their premises.

 

(xxii)     In the event of a dispute arising during the operation of a shift, the settlement of disputes procedures set out in clause 2.1 of this award shall be followed.

 

(c)        Relief Senior Operator

 

(i)         Act as the Senior Operator, in the absence of the Company designated Senior Operator on a given shift

 

(ii)        Carries all duties and responsibilities of the Senior Operator while acting as the Senior Operator on shift

 

(iii)       When not acting as the Senior Operator, the Relief Senior Operator can be asked by the Senior Operator to perform either Panel or Operator function.

 

(iv)       While performing Panel or Operator duties, the Relief Senior Operator is governed by the same duties and responsibilities of the Panel or Operator jobs.

 

(d)       Panel

 

(i)         Monitor and maintain safe and efficient operation of the Site through observation and analysis of computerised control system.

 

(ii)        Requires a thorough understanding of the entire Site operations.

 

(iii)       Communication hub for the Team:

 

(A)       Remain contactable with all people in plant by phone or 2-way radio;

 

(B)       Ensure panel is staffed at all times;

 

(C)       Integrate information from others and pass observations onto Senior Operator;

 

(D)       Answer and respond to outside calls;

 

(E)        Be aware of movement of maintenance crews, drivers etc (non-staff) entering plant;

 

(F)        Maintain surveillance of Site throughout shift.

 

(iv)       Quality product focal point (increased responsibility for product quality control):

 

(A)       Evaluate recent product quality history on advanced process control system;

 

(B)       Analyse lab results, feedback from Operators and information from the control system (panel) to ensure production statistics are within appropriate ranges;

 

(C)       Determine adjustments required processing parameters and taking appropriate action. At the discretion of the panel operator, there may be consultations with shift Operators and/or operation/technical staff personnel during office hours, or duty manager during off hours, prior to making a final decision for a given process move;

 

(D)       Analyse actions of computer control system;

 

(E)        Ensure end product is first grade.

 

(v)        Process integrity and efficiency:

 

(A)       Monitor operations via the Integrated Control System;

 

(B)       Vigilantly monitor process conditions, ensuring correct parameters are set in the system;

 

(C)       Co-ordinate distribution of product;

 

(D)       Identify and analyse equipment and process problems from the Control Panel feedback;

 

(E)        Make recommendations for process improvement.

 

(vi)       Safety:

 

(A)       Identify and act to prevent potential hazards and dangerous conditions;

 

(B)       Assess risk situations and escalate emergency status. Take responsibility to shutdown down plant, if supervision un-contactable;

 

(C)       Respond to plant alarms (eg safety shower alarm, fire alarm, gas detector alarm);

 

(D)       Keep track of location and activities of people on-site in case of emergency;

 

(E)        Consult and inform Senior Operator of emergency situations;

 

(F)        Provide information and direction to Outside Operators as required in emergency situation.

 

(e)        Operator

 

(i)         Is responsible to manage the operation of the plant area for which they are responsible to ensure that a safe and work environment is maintained, employee occupational health and safety is secured and there is minimal environmental impact.

 

(ii)        Is responsible to the Senior Operator on the Site for all aspects of the operation of the plant to which the Operator is assigned. Carries out the instructions of Senior Operator.

 

(iii)       Liases closely with Panel Operators on all aspects of the control of the process/plant as required.

 

(iv)       Performs process monitoring and process stream sampling as required.

 

(v)        Is required to have full knowledge of and be willing to relieve in all lower category jobs on the Site.

 

(vi)       Is aware of the requirement to operate to maximise yields within the constraints of product specification,

 

(vii)      Participates in and trains other Operators and trainees, commensurate with knowledge, ability and experience.

 

(viii)     Plan and prepare for maintenance activities so that they can be carried out in a manner that recognises and protects against all potential hazards.

 

(ix)       Monitor and manage plant-operating conditions in order to minimise upset(s) with product quality and plant safety. Additional responsibilities (specific to Operator level)

 

Operating position 3

 

Area 3 - Process Knowledge (eg Treaters) including understanding of panel aspects plus advanced control knowledge and quality testing requirements.

 

Operating position 2

 

Area 2 - Process Knowledge (eg Reactor) including understanding of panel aspects, quality testing requirements and basic instrument/electrical knowledge including control system types, process element information, static electricity, distribution system details, motor drive types and substation procedures.

 

Operating position 1

 

Area 1 - process knowledge (eg Extruder) including understanding of panel aspects of area, quality testing requirements plus basic mechanical including rotating and static equipment information types, lubrication, gasketing, bolting and piping class information.

 

Trainee

 

Introduction to process knowledge (bunker, blower, compressor and spinner operation, transfer paths, line ups, and truck loading), fork lift truck driving, raw materials knowledge, product sampling and basic quality testing, emergency procedures, site safety systems, basic fire training and basic SAP knowledge.

 

3.4        Basell Operator Job Training

 

3.4.1     Aim

 

To provide an operator with training in the skills and knowledge necessary to safely, competently and efficiently operate a section of the plant with riffle to no assistance or supervision.

 

3.4.2     Scope

 

The operator job training will consist of a combination of theory and practical skills. The theoretical training will be conducted in a classroom environment and will consist of a number of modules on general topics, eg distillation, H2S safety, etc. In some cases modules will be prepared that relate to a particular job due to the uniqueness of the unit involved.  For each job in the Site it will be necessary to complete the relevant modules as part of the training for that job.

 

The practical job training will be partially structured in that the operator will be required to complete a number of tasks under supervision. Many of the tasks associated with a particular job will be discussed in the classroom and subsequently developed "on the job" by peer training.

 

Ideally the trainee would begin his training immediately following a 10-day break. Instead of reporting to work for Monday night shift, as would normally be the case, the operator would commence training with the Operator Training Co-Ordinator on a one to one basis on Monday day shift. However there will be occasions when it will not be possible for the trainee to be available at the commencement of the night shift. To such cases alternative arrangements will be made in consultation with the Operator Training Co-Ordinator. All module training will be conducted on day shift so that the full use of training resources can be made.

 

The practical training will be conducted on shift following the classroom training and be supervised by an operator on shift with guidance from the shift Senior Operator. The operator conducting the training on shift must have passed out in the position for which the training is being conducted. The period of classroom & peer training will be determined by the scope of the job being learnt and the experience of the trainee. In most cases it will be 3 shifts (3 x 7) though this may be extended dependent on individual requirements. It is important that during the 3 x 7 that continuity of training be maintained therefore, every endeavour should be made to ensure that the training is carried out by one Operator. A further period of up to the ten shifts (10 x 7), where the Operator will carry out the duties of the job under the supervision of the Senior Operator only. During this period the operator will be progressively assessed in all tasks and skills related to the position. The latter period is discretionary and is dependent on the experience, ability & confidence of the operator.

 

3.4.3     Process

 

(a)        The shift Senior Operator should, with input from the Operator Training Co-Ordinator/Production Manager as appropriate, nominate an operator/s for training. The Senior Operator should prepare a 12 month training plan, discuss the shift training plan with the Production Manager with input from the operator trainer and agree its implementation and prospective trainees should be made aware of future training plans relating to themselves.

 

(b)       The Senior Operator in consultation with the Operator Training Co-Ordinator will arrange for suitable time for the training to commence. The Operator Training Co-Ordinator should be given as much advance notice of an individual shift's training needs as practical.

 

(c)        The trainee commences training with the Operator Training Co-Ordinator, completing general and specific training modules according to job requirements.  If an operator has previously completed a module as part of their training for a different job then there will be no need to repeat the module a second time unless the operator or the trainer feels there is need for a refresher course. Typically theoretical/module training will take 2-4 days. A trainee at the completion of classroom training may elect to continue day shift instead of reverting to night shift for the remaining period (i.e. to the end of the 7-day shift). If the trainee elects to continue on day shift in the absence of the Operator Training Co-Ordinator then the time must be spent carrying out training projects set by the  Operator Training Co-Ordinator or in peer training with the operator on shift. If the latter option is taken then the on shift Senior Operator must be informed.

 

(d)       The Trainee will return to shift and commence peer training. For information relating to Job Knowledge Assessment, see section 3.4.9 of this document.

 

3.4.4     Organisation

 

The Operator Training Co-Ordinator is responsible for theoretical job training and training administration with the assistance of the Production Manager. The Operator Training Co-Ordinator will issue trainees with Task & Skills books with updates relevant to each new job learnt.

 

3.4.5     Operator Training Days

 

Aim: To improve the quality of training. Provide a training system that will have sufficient scope to provide:

 

(a)        Flexibility to allow choice of training aimed at individual needs.

 

(b)       Greater relevance to the on the job requirements.

 

(c)        Personal development skills training.

 

(d)       Improved attitude towards training.

 

(e)        Assist in the long-term development of an operator career path.

 

3.4.6     Administration

 

32 hours of training each year will be divided into modules, each module will be 2 hours minimum duration.

 

At the commencement of each calendar year an operator is debited with 32 training hours.

 

Progressively through the year an operator attends training sessions (see details below) and is credited with training hours completed. Training sessions or modules may be 2 hours, 4 hours, 8 hours, 2 days etc.

 

If any operator has utilised all his training hours in any given calendar year before the year has ended and further training of that operator is required, spare manning capacity or overtime will be used to complete the training. At the commencement of any given calendar year all training carried out must use available training points.

 

Operators are expected to undertake and complete 32 hours training each year, as training is fundamental to maintaining existing and obtaining new skills applicable to their job. However if at the end of the final day of the calendar year an operator has training points remaining (in debit), the appropriate hours will be docked from his following pay.

 

3.4.7     Types of Training

 

(a)        Priority

 

These training modules will be specified by the Company and will for the most part be formal, eg Safety, Environmental, etc. Time/venue of each module will be posted a minimum of 6 months in advance.

 

(b)       Priority

 

The modules will be mainly plant specific and generally be part formal and part on the job or all on the job. This training will primarily relate to the commissioning of new equipment and all operators whose plants are involved will be expected to undertake this training, as much notice will be given when nominating training times, but actual dates will be largely effected by the availability of new equipment.

 

(c)        Priority

 

There are a considerable number of different types of training that fall into this category and can be considered as elective courses. This means that an operator may select which course he wished to attend, though as operator progress through various plant units, attendance of specific courses may be recommended by the Operator Training Co-Ordinator, Senior Operator, or Supervisor.

 

(i)         Personal development course, eg Leadership skills, management, etc.  Generally course participants will be nominated by the Production Manager after discussion with the individual concerned.

 

(ii)        Work related task/skills development training, eg First Aid tickets, Boiler and steam ticket training, SETCON training, SALE fire training, lubrication and steam trap courses, Siebe Gorman training. The organisation of this training will be carried out by different people, First- Aid tickets by the Training Department, SETCON training by the Operator Training Co-Ordinator, etc. Course time/venue will be posted as far in advance as practicable, in some cases there will be a minimum number requirement to run the course. Alternate course dates will be made available.

 

(d)       Priority

 

Review training on plant. This type of training can either be formal or on the job and is aimed at operators wishing to refresh themselves in specific areas of their plant which for some reason they have lost touch, eg returning to a panel position from an extended period outside when considerable control changes have taken place. This type of training will be carried out under the guidance of the Operator Training Co-Ordinator, Senior Operator and agreement of the Production Manager.

 

In a given calendar it is expected that 8 hours will be set aside for (A) Priority training, 16-20 hours for (B) and (C) priority training and 4-8 hours for (D) priority training.

 

3.4.8     Time For Training

 

When the training is carried out will be dependent on what type of training is being done. Training modules of 2 and 4 hours would be set for either before the commencement of an afternoon shift or following a day shift, eg SETCON training.

 

Training modules of one-day duration would be set for the Friday following day shift, eg S.T.O.P. programme. Training modules of 2 days or more will be carried out during a rostered break, eg First Aid ticket.

 

Hours of work on training days: 0700- 1500 hrs (lunch 1145 - 1230 hrs) unless agreed otherwise with participants.

 

3.4.9     Assessment of an Operator

 

(a)        Operatives shall continue to be trained in accordance with the tasks and skills booklets. When trained they shall be examined initially by Senior Operator and Day Training coordinator on their respective shifts with a final check by a third party, eg Operation Manager.

 

(b)       As a general guideline Operators shall be required to perform satisfactorily in the job for 10 x 7 day shifts. During this period they shall undertake a written and/or verbal assessment on the theoretical and practical aspects of the job.

 

Depending on the ability of an Operator, and the job being learnt, the 10 x 7 Day assessment period may be varied to meet these circumstances.

 

3.5        Category Structure

 

3.5.1     The following table summarises the Category Structure at Basell Clyde Site:

 

3.5.2     Operator Progression

 

Level

Title

Trainee

Trainee Position

1

Operating Position 1

2

Operating Position 2

3

Operating Position 3

4

Panel

5

Relief Senior Operator

6

Senior Operator

 

An Operator shall be eligible for appointment to the next designated position on the plant to which the employee is assigned:

 

(a)        When the Operator has demonstrated to the satisfaction of the Company that the employee has the ability, knowledge, skills and qualifications and is willing to perform all Operator jobs on the assigned Site or section of Site.

 

(b)       When the Operator has obtained the knowledge, skills and qualifications necessary to perform the next designated position.

 

(c)        When the Operator is willing, commensurate with ability, to obtain the knowledge, skills and qualifications necessary to be eligible for appointment to all higher category positions.

 

3.6        Auxiliary Fire/Emergency Response/First Aid Policy

 

Operator responsibilities associated with first aid, auxiliary fire and emergency response activities as agreed between the parties are fully comprehended in the wage rates provided in clause 4.1 of the Award. Operators will therefore be required to maintain current first aid qualifications. Basell Operators will form part of the combined Basell - Shell Auxiliary Fire Crew. The following provisions apply to the various operating positions.

 

3.6.1     Senior Operator

 

(a)        Designated Senior Operators not acting in a Senior Operator or panel position are required to respond to fire and other emergency situations on other plants.

 

(b)       Senior Operators should attend 6 fire training days per annum.

 

(c)        Senior Operators are entitled to attend Sale fire training once every 4 years (or alternative venue if appropriate).

 

3.6.2     Relief Senior Operator

 

(a)        Designated Relief Senior Operators not acting as an Operator or Panel position are required to respond to fire and other emergency situations on other plants.

 

(b)       Relief Senior Operators should attend 6 fire training days per annum.

 

(c)        Relief Senior Operators are entitled to attend Sale fire training once every 4 years (or alternative venue if appropriate).

 

3.6.3     Panel Operators

 

(a)        Panel Operators not acting in a Panel Operator position are required to respond to fire and other emergency situations on other plants.

 

(b)       Panel Operators should attend 6 fire training days per annum.

 

(c)        Panel Operators are entitled to attend Sale Fire training once every 4 years (or alternative venue if appropriate).

 

3.6.4     Operators

 

(a)        The auxiliary fire crew will be drawn from outside operating positions.

 

(b)       The auxiliary fire crew will be trained in gate and pipeline emergency response. 2 auxiliary fire crew members from the combined Basell/Shell shift will be nominated from each shift to cover the gate and pipeline emergency response on a rotating basis.

 

(c)        All members of the auxiliary fire crew will receive training in fire fighting, gate and pipeline emergency response.

 

(d)       Outside Operators will be entitled to attend Sale fire training once every 2 years (or alterative venue if appropriate).

 

(e)        New recruits will only be eligible for appointment to the auxiliary fire crew after 12 months service.  However, they will be entitled to attend all fire training days during the same period.

 

(f)        If members of the auxiliary fire crew leave the Refinery to respond to an external emergency, Operators should be called into cover the shortfall.

 

3.6.5     Basell/Refinery Fire Training

 

For reasons of practicality, it is intended that a roster be developed for Basell/Refinery fire training in order that attendance be averaged over a full year.

 

3.6.6     Transition

 

All Operators currently attending Basell/Refinery fire training will continue to do so at the same frequency.

 

3.6.7     Fire Fighting Training

 

The Basell fire fighting strategy is currently being re-designed in order to be in an even better position to continuously fulfil our corporate and community obligations, while providing the Basell Shift Operators with greater sense of confidence when confronted to a Site emergency.

 

Therefore, Basell will make arrangements to get all of the Operators who wish to attend a professionally structured and delivered Fire Commander and or fire fighting course.  This course will take place offsite at a location to be confirmed. Because of the large number of employees involved in this specialised training, the training cycle will be spread over a mutually agreed schedule between Basell and the Fire training service provider.  This final detailed schedule will be made in consultation with the Shift Operators, Basell Management and Fire training provider. Basell will continue to provide a periodic refresher-training schedule, in order to keep these essential skills at the right level.

 

This course will be designed to provide all of the Basell Operators with the necessary and important skills to better manager the upmost important initial minutes following the outbreak of a Site emergency.

 

In addition, all of the Basell Operators will participate in a minimum of 4 weekly onsite Fire training sessions per year (minimum of 20 hours per year).

 

PART 4 - SALARY & RELATED MATTERS

 

4.1        Salary (Wages)

 

Any adult employee of a classification as set out in Table 1 - Wage Rates shall be paid per month the wage assigned to that classification.

 

The rates of pay recognise the total scope of work required to be performed by Operators under this award (including first aids, emergency response and fire control activities).

 

As at

Base

Shift

Pub Hol

Total

1st April 2005

($/a)

($/a)

($/a)

($/a)

 

$

$

$

$

Trainee

34,494.23

11,990.20

2,449.09

48,933.52

Level 1

48,939.18

17,011.26

3,474.68

69,425.12

Level 2

51,126.59

17,771.60

3,629.99

72,528.18

Level 3

53,455.14

18,581.01

3,795.32

75,831.47

Panel

58,950.24

20,491.10

4,185.47

83,626.82

Relief Snr Operator

61,529.78

21,387.75

4,368.61

87,286.15

Snr Operator

65,878.62

22,899.41

4,677.38

93,455.41

 

As at

Base

Shift

Pub Hol

Total

1st April 2006

($/a)

($/a)

($/a)

($/a)

 

$

$

$

$

Trainee

35,942.99

12,493.78

2,551.95

50,988.73

Level 1

50,994.62

17,725.73

3,620.62

72,340.97

Level 2

53,273.91

18,518.01

3,782.45

75,574.36

Level 3

55,700.26

19,361.41

3,954.72

79,016.39

Panel

61,426.15

21,351.73

4,361.26

87,139.14

Relief Snr Operator

64,114.03

22,286.04

4,552.10

90,952.16

Snr Operator

68,645.52

23,861.18

4,873.83

97,380.53

 

As at

Base

Shift

Pub Hol

Total

1st April 2007

($/a)

($/a)

($/a)

($/a)

 

$

$

$

$

Trainee

37,380.71

12,993.53

2,654.03

53,028.28

Level 1

53,034.41

18,434.76

3,765.44

75,234.61

Level 2

55,404.86

19,258.73

3,933.75

78,597.34

Level 3

57,928.27

20,135.87

4,112.91

82,177.04

Panel

63,883.20

22,205.80

4,535.71

90,624.71

Relief Snr Operator

66,678.59

23,177.48

4,734.18

94,590.25

Snr Operator

71,391.34

24,815.63

5,068.79

101,275.75

 

Table 3 Allowances

 

In addition to the wage rates set out above, the following allowances shall be payable as prescribed in this award:

 

Period

Meal Allowance

Phone Call in Allowance

1st April 2005

$11.30

$10.19

1st April 2006

$11.77

$10.62

1st April 2007

$12.25

$11.05

 

Note 1: Where site meal facilities are unlikely to be available, the company will pay an additional $4.50, that has to be claimed via Company expense report.

 

4.2        Payment of Wages

 

4.2.1     Wages and allowances shall be paid monthly by electronic funds transfer into a bank account nominated by the employee. In the event of a failure in the banking system causing late lodgement of payment to an employee's financial institution account payment will be effected by cash, cheque or electronic funds transfer in accordance with arrangements made locally.

 

4.2.2     Upon termination of employment, wages due to an employee shall be paid to the employee on the day of such termination or forwarded to the employee by post on the next working day.

 

4.2.3     It shall be a full discharge of the obligations and rights accruing from week to week under clause 5.2, Shift Work, to average over a full shift cycle the payments accruing from shift work to a shift worker.  This provision shall apply even if a shift worker fails for any reason to work a full shift cycle.

 

4.2.4     Historical Transition Arrangements

 

The following transition arrangements were effective until 31 March 2001.  They are retained in the Award as a point of reference in identifying and understanding the background to the position of particular Operators in the Award classification structure.

 

The 1999 Award structure envisages a situation where all outside Operators, when they reach the top outside operating position, will have acquired and passed out progressively on panel skills. Currently, we have a number of outside Operators who are at various stages in completing all of the outside operating positions.

 

They can be broken into 4 groups:

 

(a)        A group who were employed before 1995, who are progressing through or have completed their outside Operator training but have yet to commence their Panel Component training. In 1995 the Operators in this group committed to completing their being paid at level 7.

Training in 3 years and they have been paid at the Panel Component level (Level 7) since 1995.

 

(b)       A group who have been recruited after 1995 who are progressing through their outside training. They are being paid at the top outside Operator level, Level 5.

 

(c)        A group, who by virtue of their previous operating levels acquired on PPU 1 have been "red-circled". The levels being paid by this group range from Level 7 to Level 9. This group has made no previous commitment to learn Panel Component skills.

 

(d)       A group who, in 1995, made a commitment to complete their panel component training, have done so and are awaiting the opportunity to commence Panel training. They are Under the transition arrangements to the new Category structure, the following arrangements will apply:

 

Operator

1995 Award

Panel

1999 Award

Requirements

Group

Levels

Component

Levels

 

 

 

Training

 

 

1

7

Commitment

3

Panel Familiarisation training to be

 

 

given in 1995

 

undertaken across all units as the training

 

 

 

 

is developed

2

5

 

3

Panel Familiarisation training to be

 

 

 

 

Undertaken across all units as the training

 

 

 

 

is developed.  Unit Tasks and Skills

 

 

 

 

assessment will include any panel

 

 

 

 

modules developed for those units at the

 

 

 

 

time of assessment.

3

7-9

"Red Circled"

3

Panel navigational skills and

 

 

from PPU1

 

familiarisation of Yokagowa screens

 

 

 

 

relevant to the outside jobs to be

 

 

 

 

Undertaken across all Units as the

 

 

 

 

training is developed.

4

7

Completed -

Interim level

Interim pay rate ($811.30 per week) until

 

 

awaiting panel

above Level 3

progression to panel level.

 

 

training

 

 

 

4.3        Overtime

 

4.3.1     Day Workers

 

For all work performed on weekdays outside ordinary hours the rates of pay shall be time and a half for the first 2 hours and double time thereafter, such double time to continue until the completion of the overtime work.  Except as provided in this subclause or subclause (4.3.4) of this clause, in computing overtime each day's work shall stand-alone.

 

4.3.2     Call Back - Monday to Friday Inclusive

 

An employee recalled to work overtime after leaving the employer's premises shall be paid for a minimum of 4 hours work at the appropriate rate for each time the employee is so recalled provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full 4 hours if the job the employee was recalled to perform is completed within a shorter period; provided further that in determining the appropriate rate to be paid for any subsequent recall only the time actually worked in earlier recall(s) shall be taken into consideration; provided further that in the event of cancellation or postponement of such recall when an employee reports to the place of duty the employee shall be paid the above minimum of 4 hours for each time the employee is so recalled even if the employee is not required to work.

 

An employee who, not having been notified before leaving the employer's business premises, is called back to start work at a time less than 4 hours before the commencing time of the employee's ordinary hours of work and continues working into the ordinary hours of work shall be paid from the time of commencing work at the rate of time and a half for the first 2 hours worked and double time for the next one hour worked, in lieu of the ordinary-time rate occurring during his/her period.  Thereafter the employee will revert to the ordinary-time rate.

 

An employee who is contacted at home and responds to a call in to work involving an additional trip to and from the work place shall be paid one hour at the ordinary time rate of pay for travelling time irrespective of the distance travelled.

 

This subclause shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside ordinary working hours or, except as provided in the second paragraph hereof, where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. 

 

4.3.3     Standing-By

 

Employees required to hold themselves in readiness, either at home, place of work or elsewhere, to work before or after ordinary hours or on a Saturday which is not an ordinary working day or on a Sunday or a holiday shall until released be paid standing-by time at the ordinary rate of wages for the time from which the employee is told to hold themselves in readiness.

 

4.3.4     Rest Period after Overtime

 

When overtime work is necessary it shall, wherever reasonable practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days or shifts.

 

4.3.5     An employee who works so much overtime

 

(a)        between the termination of the employee's ordinary work on any day the commencement of the employee's ordinary work on the next day that the employee has not had at least ten consecutive hours off duty; or

 

(b)       on Saturdays, Sundays and holidays, not being ordinary working days, without having had ten consecutive hours off duty in the 24 hours preceding the ordinary commencing time on the next ordinary day shall, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay of ordinary working time occurring during such absence.

 

If on the instructions of the employer such an employee resumes or continues work without having had such ten consecutive hours off duty the employee shall be paid at double time rates until being released from duty for such period and the employee then shall be entitled to a be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.  Overtime worked in the circumstances specified in subclause (4.3.2) of this clause shall not be regarded as overtime for the purpose of this subclause where the actual time worked is less than 3 hours on such recall or on each of such recalls.

 

4.3.6     Crib Time

 

An employee working over time shall be allowed a crib time of 20 minutes without deduction of pay after each 4 hours' overtime worked if the employee continues work after such crib time; provided that the employer shall not be required to make payment in respect of any time allowed in excess of 20 minutes.

 

Unless the period of overtime is less than 1 hour an employee before starting overtime after ordinary working hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates; provided that if the overtime is scheduled for not more than 2 hours the employer may in lieu of allowing the prescribed break pay for the same at ordinary rates.

 

4.3.7     Meal Allowance

 

(a)        An employee required to work overtime shall be paid a meal allowance in the following circumstances:

 

(i)         Where work extends beyond one and a half hours after an employee's usual finishing time.

 

(ii)        Notwithstanding subclause (i) (a) hereof, after each 4 hours' overtime worked continuously, an employee shall be entitled to a subsequent meal allowance in respect of the first 4 hours and also in respect of each subsequent 4 hours overtime worked, provided that the employee continues working after the qualifying period.

 

(iii)       A day worker, or a shift worker on other than 7-day shifts, required to work on a Saturday or Sunday (not being a day on which the employee is ordinarily required to work) shall, after the first 4 hours of overtime worked (provided the employee is required to work beyond the said 4 hour period), be paid a meal allowance.

 

(b)       An employee who on other than the employee's normal shift is called upon to work on a Saturday, Sunday or holiday shall be paid either:

 

(i)         Where the work continues for more that 9 hours a meal allowance and after the next 4 hours of continuous work in excess of 8 hours on any such day, a further meal allowance and after each additional 4 hours continuous work thereafter a subsequent meal allowance, provided the employee continues working after each such qualifying period; or

 

(ii)        Where the work is extended unexpectedly beyond the time where the employee would ordinarily be expected to partake of a meal on any such day, a meal allowance for the first such meal and for any subsequent meal.

 

(c)        An employee being a 7-day shift worker required to work overtime in circumstances where the overtime is not worked continuously with a normal shift shall be paid a meal allowance where work continues for 4 hours and the employee continues working after such qualifying period.

 

(d)       A meal allowance shall be paid to any employee who, not having received at least 24 hours notice, is call in on any day earlier than 1 hour before the time when (notwithstanding that in the case of a day worker such time is outside the spread of ordinary hours specified in Clause 9, Hours of Work, or in the case of a shift worker such time is earlier than the commencement of the shift worker's ordinary shift hours), the employee would have commenced work on that day had the employee not been so called in, and who thereby misses a meal which otherwise would have been partaken of at home.

 

(e)        If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised the employee shall be paid as prescribed herein for meals which the employee has provided buy which are surplus.

 

(f)        The monetary value of the meal allowances provided for in this clause are set out in Clause 4.1 Table 3 of this award.

 

4.3.8     Overtime Shift workers

 

For all time worked in excess of or outside the ordinary working hours prescribed by this award shall:

 

(a)        if employed on 7-day shift work be paid at the rate of double time; provided that no 7-day continuous shift worker shall be paid for overtime worked at any time at a lesser rate than is payable to an employee performing their normal shift at such time; or

 

(b)       if employed on 5-day continuous shift work (3 shifts per day, 5 days per week) be paid at the rate of double time; or

 

(c)        if employed on other shift work be paid at the rate of time and a half for the first 2 hours and double time thereafter; except in each case when the time is worked:

 

(i)         by arrangement between the employees themselves; or

 

(ii)        for the purpose of effecting the customary rotation of shifts (see current understandings); or Clause 5.3;

 

(iii)       on a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with subclause 3.1.2 of Clause 3.1, Contract of Employment;

 

(d)       in computing overtime under this subclause each day's work shall stand alone.

 

4.3.8.1              Meal Interval

 

20 minutes shall be allowed to all shift workers each shift for crib which shall be counted as time worked. An employee shall not be required to work for more than 5 hours without a break for a meal.

 

4.3.8.2              Calculation of Working Times

 

The hours of work shall commence and finish at the plant or facilities where work is to be performed.

 

4.3.8.3              Call Back

 

A 7 day shift employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid a minimum of 4 hours work at double time for each time the employee is so recalled. An employee who is contacted at home and responds to a call-in to work involving the employee in an additional trip to and from the workplace shall be paid one hour at the employee's ordinary time rate of pay for travelling time irrespective of the distance travelled. This subclause shall not apply in cases where the overtime is continuous subject to a crib time) with the completion or commencement of ordinary shift time.

 

4.3.8.4              Cancellation of Overtime: Shift Workers

 

(a)        If notice cancelling a previous instruction to work overtime is given to an employee before the employee leaves the workplace, a penalty payment shall not be payable.

 

(b)        If notice cancelling the instruction is sent or telephoned to the employee's registered address before the employee would normally have left to commence work, the employee shall be paid a minimum of:

 

(i)         two hours at the employee's ordinary-time rate in the case of overtime scheduled for a day on which the employee is rostered to work an ordinary shift; and

 

(ii)        4 hours at the employee's ordinary-time rate in the case of overtime scheduled on a day on which an employee is not rostered to work an ordinary shift.

 

Provided that an additional penalty shall not be payable if the employee is not at the registered address when notice of cancellation is delivered or telephoned and the employee subsequently reports for work.

 

(c)        If notice of cancellation provided in subclause (b) hereof is not delivered or telephoned to the employee's registered address at least one hour before the employee would normally leave to commence work and the employee would normally be expected to partake of a meal at the workplace during the period of overtime now cancelled, he/she shall be entitled to a meal allowance as set out in Clause 4.1 - Allowances.

 

(d)        For the purpose of this clause registered address shall mean the address recorded by the employer.

 

4.3.9     Telephone Call-In

 

An employee who on any day of the week responds to a telephone call made to the employee at home requiring the employee to report to work earlier than the employee's next scheduled starting time shall receive payment as set out in Clause 4.1 Table 3 of this award.

 

4.4        Mixed Functions

 

An employee engaged on any shift, on work carrying a higher rate than the employee's ordinary classification shall be paid the higher rate for the whole of the employee's ordinary working hours on that day or shift.

 

4.5        Transport Of Employees

 

When an employee, after having worked overtime, or a shift for which the employee has not been rostered, finishes work at a time when the employee's normal means of transport or reasonable means of public transport are not available, the Company shall provide the employee with transport to the employee's home and return, or pay the employee at the employee's ordinary-time rates for the time reasonably occupied in reaching his/her home.

 

4.6        Shift Workers On Day Duties - Roster, Hours & Entitlements

 

Continuous shift workers who from time to time may be temporarily assigned to Day Shift worker duties shall only be rostered to work an 8 (8) hour day shift on a 9 day fortnight basis. Meal breaks, shift penalties and other entitlements shall be in accordance with those of continuous shift workers and shall be counted as time worked.

 

4.7        Saturday Work - Day Workers

 

(a)        For all work performed on a Saturday, the rates of pay shall be time and a half for the first 2 hours and double time thereafter.

 

(b)        An employee required to report for work on a Saturday shall be paid for at least 4 hours at the appropriate rate for the first attendance and at least one hour at double time for each subsequent attendance.

 

(c)        An employee required to work on a Saturday shall be allowed a crib time of 20 minutes without deduction of pay after each 4 hours worked if the employee continues work after such crib time; provided at the first prescribed crib time, if occurring between 10.00 am and 1.00 pm, shall be paid at the ordinary-time rate.  The employer and an employee may agree to any variations of this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.

 

4.8        Sunday and Holiday Work - Day Workers

 

(a)        For all work performed on a Sunday the rates of pay shall be double time, such double time to continue until the employee is relieved from duty.

 

(b)        For all work performed on a public holiday prescribed in Clause 6.8 and 6.9 Public Holidays - the rates of pay shall be triple time, such triple time to continue until the employee is relieved from duty.

 

(c)        An employee, required to report for work on a Sunday or public holiday, shall be paid for at least 4 hours at the prescribed rate.

 

PART 5 - HOURS OF WORK

 

5.1        Standard Hours

 

The ordinary hours of work for both day and shift workers will be an average of 35 hrs per week worked in accordance with the Standard Hours (Oil Companies) Award. For a day worker, the ordinary hours will be worked between Monday and Friday inclusive from 7.00 am-5.30 pm continuously, except for meal breaks of not less than 30 minutes between 11.30 am-1.30 pm. Provided that where the employer desires to vary or change the starting and/or finishing time of an employee or employees, the employer shall give 48 hours' notice of such variation or change to the employee or employees concerned and in the case of a group of employees shall display a notice of the intended change.

 

5.2        Shift Work

 

5.2.1     Hours - 7-day Shifts

 

An average of 35 hours per week shall be worked over the complete shift cycle. The ordinary hours of such shift workers shall not exceed 8 in any day.  Subject to the following conditions such Shift Workers shall work at such times as the employer may require:

 

(a)        A shift shall consist of not more than 8 hours, inclusive of crib time;

 

(b)       Except in the circumstances specified in subparagraph 5.2.1, 5.2.2 and 5.2.3 of paragraph C, of subclause 4.3.8 of this clause, an employee shall not be required to work more than one shift in each 24 hours. Such shifts shall include crib times as set out in subclause 4.3.8.1 of this clause.

 

5.2.2     Hours - Other than 7-Day Shifts

 

The ordinary hours of all other shift workers shall not exceed 35 hours in any week worked in 5 shifts between 10.00 pm Sunday and 7.00 am, Saturday inclusive. Such shifts shall include crib times as set out in subclause 4.3.8.1 of this clause.

 

5.2.3     Transfer to Existing Shift Rosters

 

Until the expiration of 48 hours' notice of the specified shift on which the employee is to work, an employee shall, for all time worked on that specified shift:

 

(a)        if, immediately previously employed on 7-day shift work or 5-day continuous shift work, be paid at the rate of double time;

 

(b)       if, immediately previously employed on other shift work or day work, be paid at the rate of time and a half for the first 2 hours and double time thereafter.

 

5.2.4     Variation of Method of Working Shifts

 

The method of working shifts may in any case be varied by agreement between the employer and the accredited representative of the Union to suit the circumstances of the establishment or in the absence of agreement by 48 hours notice of variation given by the employer. The time of commencing and finishing of shifts once having been determined may be varied by agreement between the employer and the accredited representative of the Union to suit the circumstances of the establishment or in the absence of agreement by 48 hours notice of alteration given by the employer to the employees.

 

5.2.5     Afternoon or night shift Allowance

 

(a)        Definitions

 

"Day Shift" means any shift finishing after 8.00 am and at or before 6.00 pm, where such shift forms part of a rotating or alternating shift work pattern.

 

"Afternoon shift" means any shift finishing after 6.00 pm and at or before midnight.

 

"Night shift" means any shift finishing subsequent to midnight and at or before 8.00 am.

 

"Permanently working" means an employee shall be deemed to be and to have been  '"permanently working" an afternoon or night shift or combination of afternoon and night shifts if:

 

(i)         the employee works on an afternoon or night shift or combination of such shifts without rotating or alternating with another shift or with day work, so as to give the employee at least one-third of the employee's working time off that afternoon shift or night shift or combination of such shifts in each shift cycle; or

 

(ii)        the employee remains on an afternoon or night shift only or a combination of afternoon and night shifts, for a longer period than 4 consecutive weeks; or

 

(iii)       the employee is specifically engaged to work on an afternoon or night shift only or on a combination of afternoon and night shifts only.

 

(b)       For the ordinary hours of shift, shift workers shall be paid the following extra percentages of the rate prescribed for their respective classifications:

 

 

Shift

Percentage

(i)

Day shift, Monday to Sunday inclusive, other then day work as prescribed in

 

 

clause 7, 'Hours of work'

10

(ii)

Afternoon or night shift Monday to Sunday inclusive, other than shifts referred

 

 

to hereunder

15

(iii)

Permanently working afternoon shift

20

(iv)

Permanently working night shift

25

(v)

Permanently working alternate night and afternoon shifts: (A) When on

 

 

afternoon shift (B) When on night shift

20 - 25

(vi)

Afternoon or night shift which does not continue for at least 5 consecutive

 

 

afternoons or nights

50

 

5.2.6     Saturday Work- 7-day Shifts

 

The minimum rate to be paid to a 7-day shift worker for work performed on a shift, the major portion of which falls between midnight on Friday and midnight on Saturday, shall be time and a half.

 

5.2.7     Saturday Work - Other than 7-day Shifts and 5-day Continuous Shifts

 

For all work done on a Saturday the rates of pay shall be time and a half for the first 2 hours and double time thereafter; provided that a shift worker (other than a 7-day shift worker) required to report for work on a Saturday shall be paid a minimum of at least 4 hours at the appropriate rate for their first attendance and at least provided further that the aforementioned minimum shall not apply in respect to overtime worked continuously with a shift the ordinary hours of which extend into Saturday as provided in subclause (5.2.2) of this clause.

 

5.2.8     Sunday Work - 7-day Shifts

 

The minimum rate to be paid to a 7-day shift worker for work performed on a shift the major portion of which falls between midnight on Saturday and midnight on Sunday shall be double time.

 

5.2.9     Sunday Work - Other than 7-day Shifts

 

(a)        For all work done on a Sunday by a shift worker, other than a 7-day shift worker, the rate of pay shall be double time.

 

(b)       Provided that this subclause shall not apply to any shift the ordinary hours of which commence on or after 10.00 pm on Sunday as provided in subclause (5.2.2) of this clause.

 

5.2.10   Extra Rates not Cumulative

 

The extra rates provided in subclauses 5.2.7 and 5.2.9 of this clause shall be in substitution for and not cumulative upon the shift allowance prescribed in subclause 5.2.5 of this clause.

 

5.3        Current Understandings

 

5.3.1     Plant Staffing

 

Plant staffing for the duration of the award will be 35, made up of: 5 shifts of 6 personnel (covering 5 shift positions) 2 spare shift personnel for LSL, training relief, etc. 3 day work positions

 

5.3.2     Shift Changes

 

The responsibility of an operative is to remain on the job until relieved (or alternative arrangements are made by his supervisor).

 

5.3.3     Safety Cover

 

The present understanding as to the provision of safety cover in accordance with subclause 3.1.4 of Clause 3.1, Contract of Employment, and the right of the Company to determine these requirements is reaffirmed in the following terms:

 

The Company has the sole right in all circumstances (including those involving plant shutdowns) to determine the action necessary and the method of operation to ensure the safety of personnel and the protection of plant and product. In this regard the Company's requirements as to the work to be performed and the number and classification of personnel necessary will be covered.

 

5.4        Rest Periods for Shift Workers

 

5.4.1     The Union and the Company agree that appropriate rest periods should be taken between successive work periods.

 

5.4.2     Accordingly, the Company, its employees and their union will co-operate in establishing work arrangements which will provide for rest periods of at least 10 hours for shift workers. Without limiting the scope of such arrangements in continuous manufacturing processes, shift coverage on an overtime basis should be shared between the off-going shift and the on-coming shift. An exception to these arrangements would be those occasions when employees exchange shifts between themselves with Company approval.

 

5.4.3     Recognising the difficulties of establishing reasonable arrangements to meet unscheduled night shift relief requirements, awards may give recognition to the concept by prescribing that where shift employees are required to work unplanned overtime for more than 6 hours continuous with the end of afternoon shift they shall be allowed and shall take a 10-hour rest period without loss of pay for ordinary working time occurring during that period. Where coverage in a night shift situation can be pre-planned, endeavour will be made to share reasonably the overtime requirements as under 5.4.2 above.

 

PART 6 - LEAVE

 

6.1        Annual Leave

 

6.1.1     See Annual Holidays Act 1944, as amended.

 

6.1.2     In addition to the leave hereinbefore prescribed, 7-day shift workers, that is shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed 7 consecutive days leave including non-working days.

 

6.1.3     Where an employee with 12 months' service is engaged for part of the 12 month period as a 7day shift worker, the employee shall be entitled to have the period of leave prescribed in subclauses 6.1.1 and 6.1.5 of this clause increased by half a day for each month the employee is engaged continuously, as aforesaid.

 

6.1.4     Shift workers on continuous shift shall, during their absence or annual leave, be paid in accordance with their normal roster.

 

6.1.5     Notwithstanding anything elsewhere contained in this award, the payment to be made to an employee proceeding on a period of annual leave in accordance with this clause shall be not less than the equivalent of the sum of the ordinary-time rate of pay for the employee's classification as prescribed in Clause 4.1, Wages, for the period plus 22.5% of that amount; provided that pro rata payments in lieu of leave on termination of employment shall be paid for only at the employee's ordinary-time rate of pay as above.

 

6.1.6     Local arrangements provide for 31 days annual leave per annum for 7-day continuous shift workers.

 

6.2        Sick Leave

 

6.2.1     An employee who is absent from work on account of personal illness or incapacity shall be entitled to leave of absence without deduction of pay subject to the following conditions and limitations:

 

(a)        The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to worker's compensation.

 

(b)       Where practicable the employee shall notify the nominated representative of the employer prior to the commencement of the employee's next period of work, and in any case the employee shall within 24 hours of the commencement of such absence inform the employer of the employee's inability to attend for duty and, as far as practicable, state the nature of the illness or incapacity and the estimated duration of the absence.

 

(c)        The employee shall prove on account of such illness or incapacity that the employee was unable to attend for duty on the day or days for which sick leave is claimed.

 

(d)       The employee shall not be entitled in respect of any year of service with the employer to leave in excess of 5 days in the first year of service and ten days and 10 half days in any subsequent year of service. Provided that sick leave shall accumulate from year to year so that any balance of the period specified herein which has in any year not been allowed to an employee by an employer as paid sick leave may be claimed by the employee and subject to the conditions hereinbefore prescribed shall be allowed by that employer in a subsequent year without diminution of the sick leave prescribed in respect of the year. Provided further that sick leave which accumulates pursuant to this subclause shall be available to the employee for a period of 10 years but no longer from the end of the year in which it accrues.

 

(e)        An employee is not entitled to sick leave for more than 2 absences each of a single day in any one year of service without the production (if requested by the employer) of a certificate, from a qualified medical practitioner. Nothing in this subclause shall limit the employer's rights under paragraph (c) of subclause 6.2.1 thereof.

 

6.3        Long Service Leave

 

The provisions of the Long Service Leave (Oil Companies) Award 1985 are deemed to regulate long service leave for the purposes of this award, and in so far as that Award and the Long Service Leave Act 1955 are inconsistent, the Long Service Leave (Oil Companies) Award 1985 shall prevail.

 

6.3.1     Payments on Leaving the Company

 

Long Service Leave Entitlement shall be formally calculated on the basis of base pay plus shift allowance in redundancy, retirement and employment separation situations, but not otherwise on the forced termination of employment.

 

6.3.2     Taking of Leave

 

Accrued long service leave may be taken as soon as practicable after the accrual date, having regards to the needs of the Company, or at such times as agreed between the Company and the employee.

 

The leave shall be taken in one continuous period, or if the Company and employee agree, in not more than 3 separate blocks.

 

6.3.3     Granting Leave in Advance

 

In special circumstances, provided that an employee has completed at least 5 years' service, the Company may grant long service leave before it has accrued. No further leave entitlement will occur until the next accrued date. If the employee leaves the Company before the leave has accrued, the Company will deduct from final pay the value of any excess leave taken.

 

6.4        Bereavement Leave

 

6.4.1     An employee shall be entitled to up to 3 days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph 6.4.3 below.

 

6.4.2     The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

6.4.3     Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of subclause 6.6.1(c)(ii), provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

6.4.4     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.

 

6.4.5     Bereavement leave may be taken in conjunction with other leave available in Clause 6.6 Personal/Carers Leave. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable requirements of the business.

 

6.5        Parental Leave

 

An employee shall be entitled to Parental Leave as defined in Chapter 2 of Part 4 of the NSW Industrial Relations Act 1996, and granted as per Company Policy documented in the Personnel Policy Manual, which ever is greater.

 

6.6        Personal/Carer's Leave

 

6.6.1     Use of Sick Leave

 

(a)        An employee with responsibilities in relation to a class of person set out in (6.6.1)(c)(ii) who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for at Clause 6.2 of the award, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

 

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

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(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 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 the 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 de facto spouse of the employee; or

 

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

 

(E)        a member of the employee's household; or

 

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

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

 

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

 

"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.

 

6.6.2     Unpaid Leave for Family Purposes

 

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 (6.6.1)(c)(ii) above who is ill.

 

6.6.3     Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944 (NSW) to take annual leave not exceeding 5 days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)       Access to annual leave, as prescribed in paragraph (6.6.3)(a) above, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least 5 consecutive annual leave days are taken.

 

6.6.4     Time-off in Lieu of Payment for Overtime

 

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

 

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

 

(c)        If, having elected to take time as leave in accordance with paragraph (6.6.4)(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(d)       Where no election is made in accordance with par (6.6.4)(a), the employee shall be paid overtime rates in accordance with the Award.

 

6.6.5     Make-up Time

 

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

 

(b)       An employee on shift work may elect, with the consent of the employer, to work "makeup 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.

 

6.6.6     Rostered-off

 

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

 

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

 

(c)        An employee may elect, with the consent of the employer to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)       This subclause is subject to the employer informing the union of its intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the union to participate in negotiations.

 

6.7        Jury Service

 

Subject to the production of satisfactory evidence, an employee required to be absent from work due to jury service will be reimbursed by the employer for any loss of wages to the extent of the difference between the amount the employee received for attendance on jury service and the ordinary-time rate of pay during such absence.

 

6.8        Public Holidays

 

6.8.1     Unless the employee is required to work by the employer, an employee shall be entitled to the following public holidays without deduction of pay: New Year's Day, Australia Day, Good Friday, Easter Monday, Easter Tuesday, Anzac Day, the Queen's Birthday, August Bank Holiday, 8-hour Day, Christmas Day, Boxing Day, and any other day proclaimed as a holiday throughout the State.

 

6.8.2     When Anzac Day falls on a Saturday or a Sunday, the following Monday or the day gazetted by State Government of New South Wales to be observed as the Anzac Day holiday shall be substituted for Anzac Day.

 

6.8.3     An employee called upon to work on any of the holidays above shall be notified the day before and, except as provided in subclause (6.8.6) hereof, shall in addition to the weekly wage, be paid double time for all time worked with a minimum payment as for 4 hours.

 

6.8.4     Holiday Work - 7-day Shifts

 

(a)        The minimum rate to be paid to a 7-day shift worker for work performed on a shift the major portion of which falls on a Saturday, that Saturday being a holiday under Clause 4.7,  Holidays - All Workers, shall be triple time.

 

(b)       The minimum rate to be paid to a 7-day shift worker for work performed on a shift the major portion of which falls on a holiday, that holiday not being a Saturday, shall be triple time.

 

(c)        The minimum rate to be paid to a 7-day shift worker for work performed on a shift the major portion of which falls on Christmas Day, such day being 25 December, shall be triple time.

 

6.8.5     Holiday Work - Other Than 7-Day Shifts

 

For all work done on a holiday by a shift worker other than a 7-day shift worker the rate of pay shall be triple time.

 

6.8.6     If an employee is required to work on a holiday during hours which, that day was not a holiday, would be outside the range of ordinary working time prescribed in Clause 5.1, Hours of Work and Clause 5.2, Shift Work, the employees hourly rate for such work shall be triple time.

 

6.8.7     The rates hereinbefore prescribed in this subclause shall, in the case of all shift work, be deemed to include all shifts allowances.

 

6.8.8     An employee notified to attend for work on a holiday, which is not so worked, shall be paid at holiday rates for 4 hours. Provided that this subclause shall not apply where an employee who has already been notified to attend for work is given a minimum of 24 hours notice that the attendance is not so required.

 

6.8.9     When an employee is absent from work on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment for such holiday.

 

6.8.10 Notwithstanding the other provisions of this subclause, it is agreed that a public holiday payment system will apply to shift workers that is based on a monthly payment equating 7.1% of the basic wage per shift Operator and paid as a Pensionable allowance.

 

6.9        Clarification to the Public Holiday Payment Procedure

 

Reference to: Montell (Australia) Pty Ltd Clyde Operators Award 1999, Clause 17 - Holiday - All Workers In lieu of any other provision of this award, including subclause 6.8.4 of this clause and clause 6.1, all public holiday compensation for 7 day shift workers shall be consolidated and paid as a monthly, pensionable allowance as follows:

 

6.9.1     The allowance shall equate to 7.1% of the applicable base rate.

 

6.9.2     The public holiday prescribed by this award falls during a period of annual leave of a 7day shift worker and that day would ordinarily have been a working day for that employee, the employee shall not be entitled to an additional day of annual leave.

 

6.9.3     In return, the Operators will be paid an additional 0.68% wage movement in the year 2001, which is included in the total wage movement for the year 2001 of 5.68%.

 

PART 7 - UNION MATTERS

 

The parties to this award recognise that union membership and employee involvement through their union provides a positive contribution to effective and productive performance.

 

The Company recognises the role of the Union in representing employees as well as the need to develop and maintain effective communications.

 

7.1        Right Of Entry See Chapter 5, Part 7 of the Industrial Relations Act 1996.

 

7.2        Union Delegate

 

An employee appointed Union Delegate shall upon proper notification by the Union to the Company, be recognised as the accredited representative of the Union and shall be allowed the necessary time during working hours to interview the Company or the Company's representative on matters affecting the employees whom the delegate represents, but the employee must first obtain permission from the supervisor to leave the employee's place of work.

 

7.3        Notice Board

 

The Company shall permit the Union to display on notice boards any notice dealing with legitimate Union business, provided that such notice is authenticated by the signature of an accredited representative of the Union.

 

PART 8 - CANTEEN

 

8.1        Basell Management will provide food canteen service to PPU Clyde Shift Operators.

 

PART 9 - ANTI-DISCRIMINATION AND HARASSMENT

 

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

 

9.1.1     Any conduct or act which is specifically exempted from anti-discrimination legislation.

 

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

 

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

 

9.2        It is the intention of the parties bound by this award to respect and value the diversity of the work force and to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW), to prevent and eliminate discrimination in the workplace and in particular to ensure equal remuneration for men and women doing work of equal or comparable value.

 

9.3        Unlawful discrimination in the workplace includes any distinction, exclusion or preference made on any prohibited ground which has the effect of denying or limiting equality of opportunity or treatment. Unlawful discrimination in the workplace includes sexual harassment and harassment on any prohibited ground.

 

9.4        The parties recognise that it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of discrimination or harassment.

 

9.5        Accordingly, in fulfilling their obligations the parties bound by this award must take all reasonable steps to ensure that the award provisions do not unlawfully discriminate in their effect, and that unlawful discrimination or victimisation does not occur in any aspect of employment.

 

9.6        Any employee or group of employees who has a genuine belief that they have been or are being unlawfully discriminated against in their employment, or who have been or are being victimised, may lodge a grievance in accordance with the relevant dispute resolution procedures referred to in this award.

 

 

 

T. M. KAVANAGH  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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