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.